I
104TH CONGRESS
2D SESSION
H. R. 4055
To require initial intake screenings and the use of youth development special-
ists in Federal juvenile proceedings, and to encourage States and local
governments to use similar procedures.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 11, 1996
Ms. LOFGREN introduced the following bill; which was referred to the Commit-
tee on the Judiciary, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To require initial intake screenings and the use of youth
development specialists in Federal juvenile proceedings,
and to encourage States and local governments to use
similar procedures.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Juvenile Crime Avoid-
ance and Prevention Act of 1996’’.
TITLE I—FEDERAL JUVENILE
PROCEEDINGS
SEC. 101. FEDERAL JUVENILE PROCEEDINGS.
(a) IN GENERAL.—Chapter 403 of title 18, United
States Code, is amended by inserting after section 5032
the following:
‘‘§ 5032A. Initial intake screening and referrals to
youth development specialists
‘‘(a) INTAKE SCREENING.—Before any decision is
made to proceed against a juvenile as a juvenile, to pros-
ecute that juvenile as an adult, or to refer the juvenile
to State authorities, an appropriate Federal authority,
designated by the Attorney General, shall perform an ini-
tial intake screening of each juvenile taken into custody
who is alleged to have committed an offense against the
United States or an act of juvenile delinquency, to deter-
mine whether that juvenile is an at risk juvenile, as de-
scribed in subsection (b). If the juvenile is determined to
be an at risk juvenile at the initial intake screening and
the juvenile is proceeded against under this chapter as a
juvenile, that juvenile shall promptly be referred to a
youth development specialist under subsection (c). If the
juvenile is referred to State authorities for further pro-
ceedings or transferred for prosecution as an adult, the
results of the intake screening shall promptly be made
available to those authorities or the entity to which the
juvenile is so transferred.
‘‘(b) AT RISK DETERMINATION.—
‘‘(1) GENERALLY.—The screening body shall
determine that a juvenile is at risk if it determines
that the juvenile is likely to exhibit recidivist or in-
creasingly violent crimes, based on the following fac-
tors in the juvenile’s development:
‘‘(A) School behavior or performance, in-
cluding truancy, recent suspensions or expul-
sion, functioning significantly below grade level,
and failing to achieve passing grades.
‘‘(B) Family problems, including traumatic
family situations such as death or incarceration
of one or both parents, financial difficulties,
family divorce or ongoing conflicts, child abuse
or neglect, and abuse of controlled substances
or other criminal activities in the home.
‘‘(C) Substance abuse problems, including
a pattern of alcohol or controlled substance
abuse.
‘‘(D) Runaway tendencies, previous delin-
quent activities, participation in a gang, or
other similar activities.
‘‘(E) Such other factors as the National
Institute of Justice approves, based on an on-
going evaluation aimed at isolating those fac-
tors that can predict patterns of juvenile recidi-
vism in 90 percent of cases.
‘‘(2) LIMITATION ON USE.—The at risk deter-
mination shall only be used in the administration of
this section or a similar State operation, and shall
not be made part of a juvenile’s school, medical, or
other official record.
‘‘(c) YOUTH DEVELOPMENT SPECIALIST.—
‘‘(1) A youth development specialist (herein-
after in this subsection referred to as a ‘specialist’)
is a person designated by a court to carry out the
duties described in paragraph (2). The specialist
shall—
‘‘(A) be the employee or contractee of the
court or of the Government agency responsible
for the referral; and
‘‘(B) have appropriate experience in the
assessment and counseling of juveniles and an
understanding of the juvenile criminal system.
‘‘(2) A specialist to whom a juvenile is referred
shall—
‘‘(A) determine a course of action for the
juvenile that will avoid continued criminal activ-
ity and help the juvenile successfully reintegrate
into his community and school;
‘‘(B) promptly convene a group meeting of
any or all of the juvenile’s community group, to
determine an appropriate course of action for
the juvenile pending and after completion of
any court action;
‘‘(C) after completing the meeting of the
juvenile’s community group—
‘‘(i) present a written report to be in-
cluded in any court proceedings against
the juvenile, which shall include rec-
ommendations for community actions that
would help prevent instances of recidivism
by the juvenile;
‘‘(ii) meet with the juvenile’s parents
or guardian, and, at the specialist’s discre-
tion, any other interested parties from the
juvenile’s community group to discuss the
findings of the report; and
‘‘(iii) provide assistance and guidance
to the juvenile’s parents and community
group to implement the recommendations
outlined in the report.
‘‘(iv) work with the juvenile, in con-
junction with the juvenile’s parents or
guardians and community group, to imple-
ment the actions recommended in the re-
port.
‘‘(D) 
monitor 
the 
juvenile’s 
progress
through the court system;
‘‘(E) act as a liaison to the juvenile’s fam-
ily and community group and work with the ju-
venile’s attorney;
‘‘(F) maintain contact with the juvenile
during custody, any court proceedings, any in-
carceration, and after release until—
‘‘(i) the juvenile is no longer subject
to juvenile jurisdiction; or
‘‘(ii) such time as the court, in con-
sultation with the juvenile, the specialist,
and the juvenile’s parents or guardian, de-
termines that further contact is no longer
necessary with the juvenile to prevent fu-
ture delinquency.
‘‘(3) As part of the specialist’s duties under
subsection (a), the specialist, in consultation with
the juvenile and the juvenile’s community, may pay
for any expenses, of which the portion paid from ap-
propriated funds shall not to exceed $10,000 annu-
ally, of implementing the recommendations of the
specialist, including—
(A) tutors, counselors, test preparation,
additional education, and mentoring programs;
(B) nutrition, or alcohol or controlled sub-
stance abuse treatment programs;
(C) 
incentive 
programs 
for 
academic
achievement, including but not limited to books
and other educational material;
(D) arrangements for community based ac-
tivities to occupy the juvenile in wholesome uses
of his time;
(E) parenting instruction for the juvenile’s
parents or guardians; and
(F) such other expenditures designed to
stabilize the juvenile’s life and direct the juve-
nile toward a peaceful and productive future in-
stead of crime, as are approved by the juvenile
court.
‘‘(4) Of the amount paid under paragraph (3),
not more than 20 percent may be used for the sala-
ries and administration of the youth development
specialist operation.
‘‘(5) For the purposes of this subsection a juve-
nile’s community group includes the juvenile’s par-
ents or guardians, extended family, teachers, clergy,
athletic and other coaches, family friends, personal
friends, and other interested parties.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 403 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘5032A. Initial intake screening and referrals to youth development special-
ists.’’.
(c) COLLECTION OF DATA.—The Attorney General
shall collect data on the effects of screening and youth
specialist activities under the amendments made by this
section and similar State and local activities, including
their costs compared to incarceration, and their effects on
recidivism rates and rehabilitation of at risk juveniles and
make that data available to the States, localities, and the
public.
TITLE II—GRANT PROGRAM FOR
AT RISK JUVENILES
SEC. 201. GRANT AUTHORIZATION.
(a) IN GENERAL.—The Attorney General shall award
grants to an entity that has implemented at risk juvenile
screening programs and youth development specialist re-
ferral services modeled after the program and services de-
scribed in subsections (b) and (c) of section 5032 of title
18, United States Code.
(b) GRANTS.—The Attorney General shall award an
entity that meets the requirements of this title not more
than $10,000 each year for each juvenile that receives
services pursuant to this title.
SEC. 202. ELIGIBILITY.
To be eligible to receive funds under this title, an en-
tity shall submit an application to the Attorney General
that includes an assurance that such entity will use funds
received under this title in accordance with section 203.
SEC. 203. USES OF FUNDS.
An entity may use funds received under this title—
(1) to pay not more than 20 percent of the total
amount received to pay for salaries and administra-
tion of youth development specialist operations; and
(2) upon the recommendation of the youth de-
velopment specialist, in consultation with the juve-
nile and a representative of the juvenile justice sys-
tem, to pay for programs recommended by the spe-
cialist, including—
(A) tutors, counselors, test preparation
and other educational and mentoring programs;