I
106TH CONGRESS
1ST SESSION
H. R. 1498
To amend the Juvenile Justice and Delinquency Prevention Act of 1974,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 20, 1999
Mrs. WILSON introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend the Juvenile Justice and Delinquency Prevention
Act of 1974, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Juvenile Crime Control and Community Protection Act
of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE I—REFORM OF EXISTING PROGRAMS
Sec. 101. Findings and purposes.
Sec. 102. Definitions.
Sec. 103. Office of Juvenile Justice and Delinquency Prevention.
Sec. 104. Annual report.
Sec. 105. Block grants for State and local programs.
Sec. 106. State plans.
Sec. 107. Repeals.
TITLE II—INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED
REFORMS
Sec. 201. Incentive grants for accountability-based reforms.
TITLE III—GENERAL PROVISIONS
Sec. 301. Authorization of appropriations.
SEC. 2. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made
by this Act, and the application of the provisions of such
to any person or circumstance shall not be affected there-
by.
TITLE I—REFORM OF EXISTING
PROGRAMS
SEC. 101. FINDINGS AND PURPOSES.
(a) FINDINGS.—Section 101 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5601)
is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the Nation’s juvenile justice system is in
trouble, including dangerously overcrowded facilities,
overworked field staff, and a growing number of
children who are breaking the law;
‘‘(2) a redesigned juvenile corrections program
for the next century should be based on 4 principles,
including—
‘‘(A) protecting the community;
‘‘(B) accountability for offenders and their
families;
‘‘(C) restitution for victims and the com-
munity; and
‘‘(D) community-based prevention;
‘‘(3) existing programs have not adequately re-
sponded to the particular problems of juvenile
delinquents in the 1990’s;
‘‘(4) State and local communities, which experi-
ence directly the devastating failure of the juvenile
justice system, do not have sufficient resources to
deal comprehensively with the problems of juvenile
crime and delinquency;
‘‘(5) limited State and local resources are being
unnecessarily wasted complying with overly technical
Federal requirements for ‘sight and sound’ separa-
tion currently in effect under the 1974 Act, while
prohibiting the commingling of adults and juvenile
populations would achieve this important purpose
without imposing an undue burden on State and
local governments;
‘‘(6) limited State and local resources are being
unnecessarily wasted complying with the overly re-
strictive Federal mandate that no juveniles be de-
tained or confined in any jail or lockup for adults,
which mandate is particularly burdensome for rural
communities;
‘‘(7) the juvenile justice system should give ad-
ditional attention to the problem of juveniles who
commit serious crimes, with particular attention
given to the area of sentencing;
‘‘(8) local school districts lack information nec-
essary to track serious violent juvenile offenders, in-
formation that is essential to promoting safety in
public schools;
‘‘(9) the term ‘prevention’ should mean both en-
suring that families have a greater chance to raise
their children so that those children do not engage
in criminal or delinquent activities, and preventing
children who have engaged in such activities from
becoming permanently entrenched in the juvenile
justice system;
‘‘(10) in 1994, there were more than 330,000
juvenile arrests for violent crimes, and between 1985
and 1994, the number of juvenile criminal homicide
cases increased by 144 percent, and the number of
juvenile weapons cases increased by 156 percent;
‘‘(11) in 1994, males age 14 through 24 con-
stituted only 8 percent of the population, but ac-
counted for more than 25 percent of all homicide
victims and nearly half of all convicted murderers;
‘‘(12) in a survey of 250 judges, 93 percent of
those judges stated that juvenile offenders should be
fingerprinted, 85 percent stated that juvenile crimi-
nal records should be made available to adult au-
thorities, and 40 percent stated that the minimum
age for facing murder charges should be 14 or 15;
‘‘(13) studies indicate that good parenting
skills, including normative development, monitoring,
and discipline, clearly affect whether children will
become delinquent, and adequate supervision of free-
time activities, whereabouts, and peer interaction is
critical to ensure that children do not drift into de-
linquency;
‘‘(14) school officials lack the information nec-
essary to ensure that school environments are safe
and conducive to learning;
‘‘(15) in the 1970’s, less than half of our Na-
tion’s cities reported gang activity, while 2 decades
later, a nationwide survey reported a total of 23,388
gangs and 664,906 gang members on the streets of
United States cities in 1995;
‘‘(16) the high incidence of delinquency in the
United States results in an enormous annual cost
and an immeasurable loss of human life, personal se-
curity, and wasted human resources; and
‘‘(17) juvenile delinquency constitutes a grow-
ing threat to the national welfare, requiring imme-
diate and comprehensive action by the Federal Gov-
ernment to reduce and eliminate the threat.’’; and
(2) in subsection (b)—
(A) by striking ‘‘further’’; and
(B) by striking ‘‘Federal Government’’ and
inserting ‘‘Federal, State, and local govern-
ments’’.
(b) PURPOSES.—Section 102 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5602)
is amended to read as follows:
‘‘SEC. 102. PURPOSES.
‘‘The purposes of this title and title II are—
‘‘(1) to assist State and local governments in
promoting public safety by supporting juvenile delin-
quency prevention and control activities;
‘‘(2) to give greater flexibility to schools to de-
sign academic programs and educational services for
juvenile delinquents expelled or suspended for dis-
ciplinary reasons;
‘‘(3) to assist State and local governments in
promoting public safety by encouraging account-
ability through the imposition of meaningful sanc-
tions for acts of juvenile delinquency;
‘‘(4) to assist State and local governments in
promoting public safety by improving the extent, ac-
curacy, availability, and usefulness of juvenile court
and law enforcement records and the openness of
the juvenile justice system to the public;
‘‘(5) to assist teachers and school officials in
ensuring school safety by improving their access to
information concerning juvenile offenders attending
or intending to enroll in their schools or school-re-
lated activities;
‘‘(6) to assist State and local governments in
promoting public safety by encouraging the identi-
fication of violent and hardcore juveniles and in
transferring such juveniles out of the jurisdiction of
the juvenile justice system and into the jurisdiction
of adult criminal court;
‘‘(7) to provide for the evaluation of federally
assisted juvenile crime control programs, and train-
ing necessary for the establishment and operation of
such programs;
‘‘(8) to ensure the dissemination of information
regarding juvenile crime control programs by pro-
viding a national clearinghouse; and
‘‘(9) to provide technical assistance to public
and private nonprofit juvenile justice and delin-
quency prevention programs.’’.
SEC. 102. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603) is amended—
(1) in paragraph (3), by inserting ‘‘punish-
ment,’’ after ‘‘control,’’;
(2) in paragraph (22)(iii), by striking ‘‘and’’ at
the end;
(3) in paragraph (23), by striking the period at
the end and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(24) the term ‘serious violent crime’ means—
‘‘(A) 
murder 
or 
nonnegligent 
man-
slaughter, or robbery;
‘‘(B) aggravated assault committed with
the use of a dangerous or deadly weapon, forc-
ible rape, kidnaping, felony aggravated battery,
assault with intent to commit a serious violent
crime, and vehicular homicide committed while
under the influence of an intoxicating liquor or
controlled substance; or
‘‘(C) a serious drug offense;
‘‘(25) the term ‘serious drug offense’ means an
act or acts which, if committed by an adult subject
to Federal criminal jurisdiction, would be punishable
under section 401(b)(1)(A) or 408 of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A), 848) or
section 1010(b)(1)(A) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)(1)(A));
and
‘‘(26) the term ‘serious habitual offender’
means a juvenile who—
‘‘(A) has been adjudicated delinquent and
subsequently arrested for a capital offense, life
offense, first degree aggravated sexual offense,
or serious drug offense;
‘‘(B) has had not fewer than 5 arrests,
with 3 arrests chargeable as felonies if com-
mitted by an adult and not fewer than 3 arrests
occurring within the most recent 12-month pe-
riod;
‘‘(C) has had not fewer than 10 arrests,
with 2 arrests chargeable as felonies if com-
mitted by an adult and not fewer than 3 arrests
occurring within the most recent 12-month pe-
riod; or
‘‘(D) has had not fewer than 10 arrests,
with 8 or more arrests for misdemeanor crimes
involving theft, assault, battery, narcotics pos-
session or distribution, or possession of weap-
ons, and not fewer than 3 arrests occurring
within the most recent 12-month period.’’.
SEC. 103. OFFICE OF JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION.
Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘shall develop’’ and insert-
ing the following: ‘‘shall—
‘‘(A) develop’’;
(B) by inserting ‘‘punishment,’’ before ‘‘di-
version’’; and
(C) in the first sentence, by striking
‘‘States’’ and all that follows through the end of
the paragraph and inserting the following:
‘‘States; and
‘‘(B) annually submit the plan required by
subparagraph (A) to the Congress.’’;
(2) in subsection (b)—
(A) in paragraph (1), by adding ‘‘and’’ at
the end; and
(B) by striking paragraphs (2) through (7)
and inserting the following:
‘‘(2) reduce duplication among Federal juvenile
delinquency programs and activities conducted by
Federal departments and agencies.’’;
(3) by redesignating subsection (h) as sub-
section (f); and
(4) by striking subsection (i).
SEC. 104. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended to
read as follows:
‘‘SEC. 207. ANNUAL REPORT.
‘‘Not later than 180 days after the end of a fiscal
year, the Administrator shall submit to the President, the
Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Governor of each
‘‘(C) the ages of the juveniles and their
victims;
‘‘(D) the types of facilities used to hold the
juveniles (including juveniles treated as adults
for purposes of prosecution) in custody, includ-
ing secure detention facilities, secure correc-
tional facilities, jails, and lockups;
‘‘(E) the number of juveniles who died
while in custody and the circumstances under
which they died;
‘‘(F) the educational status of juveniles, in-
cluding information relating to learning disabil-
ities, failing performance, grade retention, and
dropping out of school;
‘‘(G) the number of juveniles who are sub-
stance abusers; and
‘‘(H) information on juveniles fathering or
giving birth to children out of wedlock, and
whether such juveniles have assumed financial
responsibility for their children.
‘‘(2) ACTIVITIES
FUNDED.—A description of
the activities for which funds are expended under
this part.
‘‘(3) STATE COMPLIANCE.—A description based
on the most recent data available of the extent to
which each State complies with section 223 and with
the plan submitted under that section by the State
for that fiscal year.
‘‘(4) SUMMARY
AND
EXPLANATION.—A sum-
mary of each program or activity for which assist-
ance is provided under part C or D, an evaluation
of the results of such program or activity, and a de-
termination of the feasibility and advisability of re-
placing such program or activity in other locations.
‘‘(5) 
EXEMPLARY
PROGRAMS
AND
PRAC-
TICES.—A description of selected exemplary delin-
quency prevention programs and accountability-
based youth violence reduction practices.’’.
SEC. 105. BLOCK GRANTS FOR STATE AND LOCAL PRO-
GRAMS.
Section 221 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5631) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ before ‘‘The Admin-
istrator’’; and
(B) by inserting before the period at the
end the following: ‘‘, including—
‘‘(A) initiatives for holding juveniles account-
able for any act for which they are adjudicated de-
linquent;
‘‘(B) increasing public awareness of juvenile
proceedings;
‘‘(C) improving the content, accuracy, avail-
ability, and usefulness of juvenile court and law en-
forcement records (including fingerprints and photo-
graphs); and
‘‘(D) education programs such as funding for
extended hours for libraries and recreational pro-
grams which benefit all juveniles’’; and
(2) in subsection (b), by striking paragraph (1)
and inserting the following:
‘‘(1) Of amounts made available to carry out this part
in any fiscal year, $10,000,000 or 1 percent (whichever
is greater) may be used by the Administrator—
‘‘(A) to establish and maintain a clearinghouse
to disseminate to the States information on juvenile
delinquency prevention, treatment, and control; and
‘‘(B) to provide training and technical assist-
ance to States to improve the administration of the
juvenile justice system.’’.
SEC. 106. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633) is amended—
(1) in subsection (a)—
(A) by striking the second sentence;
(B) by striking paragraph (3) and insert-
ing the following:
‘‘(3) provide for an advisory group, which—
‘‘(A) shall—
‘‘(i)(I) consist of not less than 5 mem-
bers appointed by the chief executive offi-
cer of the State; and
‘‘(II) consist of a majority of members
(including the chairperson) who are not
full-time employees of the Federal Govern-
ment, or a State or local government;
‘‘(ii) include members who have train-
ing, experience, or special knowledge
concerning—
‘‘(I) the prevention and treat-
ment of juvenile delinquency;
‘‘(II) the administration of juve-
nile justice, including law enforce-
ment; and
‘‘(III) the representation of the
interests of the victims of violent juve-
nile crime and their families; and
‘‘(iii) include as members at least 1
locally elected official representing general
purpose local government;
‘‘(B) shall participate in the development
and review of the State’s juvenile justice plan
prior to submission to the supervisory board for
final action;
‘‘(C) shall be afforded an opportunity to
review and comment, not later than 30 days
after the submission to the advisory group, on
all juvenile justice and delinquency prevention
grants submitted to the State agency des-
ignated under paragraph (1);
‘‘(D) shall, consistent with this title—
‘‘(i) advise the State agency des-
ignated under paragraph (1) and its super-
visory board; and
‘‘(ii) submit to the chief executive offi-
cer and the legislature of the State not less
frequently than annually recommendations
regarding State compliance with this sub-
section; and
‘‘(E) may, consistent with this title—
‘‘(i) advise on State supervisory board
and local criminal justice advisory board
composition;
‘‘(ii) review progress and accomplish-
ments of projects funded under the State
plan; and
‘‘(iii) contact and seek regular input
from juveniles currently under the jurisdic-
tion of the juvenile justice system;’’;
(C) in paragraph (10)—
(i) in subparagraph (N), by striking
‘‘and’’ at the end;
(ii) in subparagraph (O), by striking
the period at the end and inserting ‘‘;
and’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(P) programs implementing the practices
described in paragraphs (6) through (12) and
(17) and (18) of section 242(b);’’;
(D) by striking paragraph (13) and insert-
ing the following:
‘‘(13) provide assurances that, in each secure
facility located in the State (including any jail or
lockup for adults), there is no commingling in the
same cell or community room of, or any other reg-
ular, sustained, physical contact between any juve-
nile detained or confined for any period of time in
that facility and any adult offender detained or con-
fined for any period of time in that facility, except
that this paragraph may not be construed to pro-
hibit the use of a community room or other common
area of the facility by such juveniles and adults at
different times, or to prohibit the use of the same
staff for both juvenile and adult inmates;’’;
(E) by striking paragraphs (8), (9), (12),
(14), (15), (17), (18), (19), (24), and (25);
(F) by redesignating paragraphs (10),
(11), (13), (16), (20), (21), (22), and (23) as
paragraphs (8) through (15), respectively;
(G) in paragraph (14), as redesignated, by
adding ‘‘and’’ at the end; and
(H) in paragraph (15), as redesignated, by
striking the semicolon at the end and inserting
a period; and
(2) by striking subsections (c) and (d).
SEC. 107. REPEALS.
The Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601 et seq.) is amended—
(1) in title II—
(A) by striking parts C, E, F, G, and H;
(B) by striking part I, as added by section
2(i)(1)(C) of Public Law 102–586; and
(C) by amending the heading of part I, as
redesignated by section 2(i)(1)(A) of Public
Law 102–586, to read as follows:
‘‘PART E—GENERAL AND ADMINISTRATIVE
PROVISIONS’’; and
(2) by striking title V, as added by section 5(a)
of Public Law 102–586.
TITLE 
II—INCENTIVE 
GRANTS
FOR ACCOUNTABILITY-BASED
REFORMS
SEC. 201. INCENTIVE GRANTS FOR ACCOUNTABILITY-
BASED REFORMS.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended
by inserting after part B the following:
‘‘PART C—INCENTIVE GRANTS FOR ACCOUNTABILITY-
BASED REFORMS
‘‘SEC. 241. AUTHORIZATION OF GRANTS.
‘‘The Administrator shall provide juvenile delinquent
accountability grants under section 242 to eligible States
to carry out this title.
‘‘SEC. 242. ACCOUNTABILITY-BASED INCENTIVE GRANTS.
‘‘(a) ELIGIBILITY FOR GRANT.—To be eligible to re-
ceive a grant under section 241, a State shall submit to
the Administrator an application at such time, in such
form, and containing such assurances and information as
the Administrator may require by rule, including assur-
ances that the State has in effect (or will have in effect
not later than 1 year after the date on which the State
submits such application) laws, or has implemented (or
will implement not later than 1 year after the date on
which the State submits such application)—
‘‘(1) policies and programs that ensure that all
juveniles who commit an act after attaining 14 years
of age that would be a serious violent crime if com-
mitted by an adult are treated as adults for pur-
poses of prosecution, unless on a case-by-case basis,
as a matter of law or prosecutorial discretion, the
transfer of such juveniles for disposition in the juve-
nile system is determined to be in the interest of jus-
tice, except that the age of the juvenile alone shall
not be determinative of whether such transfer is in
the interest of justice;
‘‘(2) graduated sanctions for juvenile offenders,
ensuring a sanction for every delinquent or criminal
act, ensuring that the sanction is of increasing se-
verity based on the nature of the act, and escalating
the sanction with each subsequent delinquent or
criminal act; and
‘‘(3) a system of records relating to any adju-
dication of juveniles less than 15 years of age who
are adjudicated delinquent for conduct that if com-
mitted by an adult would constitute a serious violent
crime, which records are—
‘‘(A) equivalent to the records that would
be kept of adults arrested for such conduct, in-
cluding fingerprints and photographs;
‘‘(B) submitted to the Federal Bureau of
Investigation in the same manner in which
adult records are submitted;
‘‘(C) retained for a period of time that is
equal to the period of time that records are re-
tained for adults; and
‘‘(D) available to law enforcement agen-
cies, prosecutors, the courts, and school offi-
cials.
‘‘(b) STANDARDS FOR HANDLING AND DISCLOSING
INFORMATION.—School officials referred to in subsection
(a)(3)(D) shall be subject to the same standards and pen-
alties to which law enforcement and juvenile justice system
employees are subject under Federal and State law for
handling and disclosing information referred to in that
paragraph.
‘‘(c) ADDITIONAL AMOUNT BASED
ON ACCOUNT-
ABILITY-BASED YOUTH VIOLENCE REDUCTION PRAC-
TICES.—A State that receives a grant under subsection
(a) is eligible to receive an additional amount of funds
added to such grant if such State demonstrates that the
State has in effect, or will have in effect, not later than
1 year after the deadline established by the Administrator
for the submission of applications under subsection (a) for
the fiscal year at issue, not fewer than 5 of the following
practices:
‘‘(1) VICTIMS’ 
RIGHTS.—Increased victims’
rights, including—
‘‘(A) the right to be treated with fairness
and with respect for the dignity and privacy of
the victim;
‘‘(B) the right to be reasonably protected
from the accused offender;
‘‘(C) the right to be notified of court pro-
ceedings; and
‘‘(D) the right to information about the
conviction, sentencing, imprisonment, and re-
lease of the offender.
‘‘(2) RESTITUTION.—Mandatory victim and
community restitution, including statewide programs
to reach restitution collection levels of not less than
80 percent.
‘‘(3) ACCESS TO PROCEEDINGS.—Public access
to juvenile court delinquency proceedings.
‘‘(4) 
PARENTAL
RESPONSIBILITY.—Juvenile
nighttime curfews and parental civil liability for seri-
ous acts committed by juveniles released to the cus-
tody of their parents by the court.
‘‘(5) ZERO TOLERANCE FOR DEADBEAT JUVE-
NILE PARENTS.—A requirement as conditions of pa-
role that—
‘‘(A) any juvenile offender who is a parent
demonstrates parental responsibility by working
and paying child support; and
‘‘(B) the juvenile attends and successfully
completes school or pursues vocational training.
‘‘(6) SERIOUS
HABITUAL
OFFENDERS
COM-
PREHENSIVE ACTION PROGRAM (SHOCAP).—
‘‘(A) IN GENERAL.—Implementation of a
serious habitual offender comprehensive action
program which is a multidisciplinary inter-
agency case management and information shar-
ing system that enables the juvenile and crimi-
nal justice system, schools, and social service
agencies to make more informed decisions re-