I 
114TH CONGRESS 
2D SESSION 
H. R. 6459 
To reauthorize and improve the Juvenile Justice and Delinquency Prevention 
Act of 1974, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2016 
Mr. CURBELO of Florida (for himself and Mr. SCOTT of Virginia) introduced 
the following bill; which was referred to the Committee on Education and 
the Workforce 
A BILL 
To reauthorize and improve 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. 
This Act may be cited as the ‘‘Supporting Youth Op-
portunity and Preventing Delinquency Act of 2016’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—DECLARATION OF FINDINGS, PURPOSE, AND 
DEFINITIONS 
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Sec. 101. Findings. 
Sec. 102. Purposes. 
Sec. 103. Definitions. 
TITLE II—JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
Sec. 201. Concentration of Federal efforts. 
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Preven-
tion. 
Sec. 203. Annual report. 
Sec. 204. Allocation of funds. 
Sec. 205. State plans. 
Sec. 206. Repeal of juvenile delinquency prevention block grant program. 
Sec. 207. Research and evaluation; statistical analyses; information dissemina-
tion. 
Sec. 208. Training and technical assistance. 
Sec. 209. Authorization of appropriations. 
Sec. 210. Administrative authority. 
TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY 
PREVENTION PROGRAMS 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. Duties and functions of the administrator. 
Sec. 304. Grants for delinquency prevention programs. 
Sec. 305. Grants for tribal delinquency prevention and response programs. 
Sec. 306. Authorization of appropriations. 
Sec. 307. Technical amendment. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Evaluation by Government Accountability Office. 
Sec. 402. Accountability and oversight. 
TITLE 
I—DECLARATION 
OF 
FINDINGS, 
PURPOSE, 
AND 
DEFINITIONS 
SEC. 101. FINDINGS. 
Section 101(a)(9) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5601(a)(9)) is 
amended by inserting ‘‘, including offenders who enter the 
juvenile justice system as the result of sexual abuse, ex-
ploitation, and trauma,’’ after ‘‘young juvenile offenders’’. 
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SEC. 102. PURPOSES. 
Section 102 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5602) is amended— 
(1) in paragraph (1), by inserting ‘‘, tribal,’’ 
after ‘‘State’’; 
(2) in paragraph (2)— 
(A) by inserting ‘‘, tribal,’’ after ‘‘State’’; 
and 
(B) by striking ‘‘and’’ at the end; 
(3) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) to assist State, tribal, and local govern-
ments in addressing juvenile crime through the pro-
vision of technical assistance, research, training, 
evaluation, and the dissemination of current and rel-
evant information on effective and evidence-based 
programs and practices for combating juvenile delin-
quency; and’’; and 
(4) by adding at the end the following: 
‘‘(4) to support a continuum of evidence-based 
or promising programs (including delinquency pre-
vention, intervention, mental health, behavioral 
health and substance abuse treatment, family serv-
ices, and services for children exposed to violence) 
that are trauma informed, reflect the science of ado-
lescent development, and are designed to meet the 
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needs of at-risk youth and youth who come into con-
tact with the justice system.’’. 
SEC. 103. DEFINITIONS. 
Section 103 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5603) is amended— 
(1) in paragraph (8)— 
(A) in subparagraph (B)(ii), by adding 
‘‘or’’ at the end; 
(B) by striking subparagraph (C); and 
(C) by redesignating subparagraph (D) as 
subparagraph (C); 
(2) in paragraph (18) by adding at the end the 
following: 
‘‘that has a law enforcement function, as determined 
by the Secretary of the Interior in consultation with 
the Attorney General;’’. 
(3) by amending paragraph (22) to read as fol-
lows: 
‘‘(22) the term ‘jail or lockup for adults’ means 
a secure facility that is used by a State, unit of local 
government, or law enforcement authority to detain 
or confine adult inmates;’’; 
(4) by amending paragraph (25) to read as fol-
lows: 
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‘‘(25) the term ‘sight or sound contact’ means 
any physical, clear visual, or verbal contact that is 
not brief and inadvertent;’’; 
(5) by amending paragraph (26) to read as fol-
lows: 
‘‘(26) the term ‘adult inmate’— 
‘‘(A) means an individual who— 
‘‘(i) has reached the age of full crimi-
nal responsibility under applicable State 
law; and 
‘‘(ii) has been arrested and is in cus-
tody for or awaiting trial on a criminal 
charge, or is convicted of a criminal of-
fense; and 
‘‘(B) does not include an individual who— 
‘‘(i) at the time of the offense was 
younger than the maximum age at which a 
youth can be held in a juvenile facility 
under applicable State law; and 
‘‘(ii) was committed to the care and 
custody or supervision, including post- 
placement or parole supervision, of a juve-
nile correctional agency by a court of com-
petent jurisdiction or by operation of appli-
cable State law;’’; 
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(6) in paragraph (28), by striking ‘‘and’’ at the 
end; 
(7) in paragraph (29), by striking the period at 
the end and inserting a semicolon; and 
(8) by adding at the end the following: 
‘‘(30) the term ‘core requirements’— 
‘‘(A) means the requirements described in 
paragraphs (11), (12), (13), and (15) of section 
223(a); and 
‘‘(B) does not include the data collection 
requirements described in subparagraphs (A) 
through (K) of section 207(1); 
‘‘(31) the term ‘chemical agent’ means a spray 
or injection used to temporarily incapacitate a per-
son, including oleoresin capsicum spray, tear gas, 
and 2-chlorobenzalmalononitrile gas; 
‘‘(32) the term ‘isolation’— 
‘‘(A) means any instance in which a youth 
is confined alone for more than 10 minutes in 
a room or cell; and 
‘‘(B) does not include— 
‘‘(i) confinement during regularly 
scheduled sleeping hours; 
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‘‘(ii) separation based on a treatment 
program approved by a licensed medical or 
mental health professional; 
‘‘(iii) confinement or separation that 
is requested by the youth; or 
‘‘(iv) the separation of the youth from 
a group in a nonlocked setting for the lim-
ited purpose of calming; 
‘‘(33) the term ‘restraints’ has the meaning 
given that term in section 591 of the Public Health 
Service Act (42 U.S.C. 290ii); 
‘‘(34) the term ‘evidence-based’ means a pro-
gram or practice that— 
‘‘(A) is demonstrated to be effective when 
implemented with fidelity; 
‘‘(B) is based on a clearly articulated and 
empirically supported theory; 
‘‘(C) has measurable outcomes relevant to 
juvenile justice, including a detailed description 
of the outcomes produced in a particular popu-
lation, whether urban or rural; and 
‘‘(D) has been scientifically tested and 
proven effective through randomized control 
studies or comparison group studies and with 
the ability to replicate and scale; 
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‘‘(35) the term ‘promising’ means a program or 
practice that— 
‘‘(A) is demonstrated to be effective based 
on positive outcomes relevant to juvenile justice 
from one or more objective, independent, and 
scientifically valid evaluations, as documented 
in writing to the Administrator; and 
‘‘(B) will be evaluated through a well-de-
signed and rigorous study, as described in para-
graph (34)(D); 
‘‘(36) the term ‘dangerous practice’ means an 
act, procedure, or program that creates an unreason-
able risk of physical injury, pain, or psychological 
harm to a juvenile subjected to the act, procedure, 
or program; 
‘‘(37) the term ‘screening’ means a brief proc-
ess— 
‘‘(A) designed to identify youth who may 
have mental health, behavioral health, sub-
stance abuse, or other needs requiring imme-
diate attention, intervention, and further eval-
uation; and 
‘‘(B) the purpose of which is to quickly 
identify a youth with possible mental health, be-
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havioral health, substance abuse, or other needs 
in need of further assessment; 
‘‘(38) the term ‘assessment’ includes, at a min-
imum, an interview and review of available records 
and other pertinent information— 
‘‘(A) by an appropriately trained profes-
sional who is licensed or certified by the appli-
cable State in the mental health, behavioral 
health, or substance abuse fields; and 
‘‘(B) which is designed to identify signifi-
cant mental health, behavioral health, or sub-
stance abuse treatment needs to be addressed 
during a youth’s confinement; 
‘‘(39) for purposes of section 223(a)(15), the 
term ‘contact’ means the points at which a youth 
and the juvenile justice system or criminal justice 
system officially intersect, including interactions 
with a juvenile justice, juvenile court, or law enforce-
ment official; 
‘‘(40) the term ‘trauma-informed’ means— 
‘‘(A) understanding the impact that expo-
sure to violence and trauma have on a youth’s 
physical, psychological, and psychosocial devel-
opment; 
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‘‘(B) recognizing when a youth has been 
exposed to violence and trauma and is in need 
of help to recover from the adverse impacts of 
trauma; and 
‘‘(C) responding in ways that resist re-
traumatization; 
‘‘(41) the term ‘racial and ethnic disparity’ 
means minority youth populations are involved at a 
decision point in the juvenile justice system at high-
er rates, incrementally or cumulatively, than non-mi-
nority youth at that decision point; 
‘‘(42) the term ‘status offender’ means a juve-
nile who is charged with or who has committed an 
offense that would not be criminal if committed by 
an adult; 
‘‘(43) the term ‘rural’ means an area that is 
not located in a metropolitan statistical area, as de-
fined by the Office of Management and Budget; 
‘‘(44) the term ‘internal controls’ means a proc-
ess implemented to provide reasonable assurance re-
garding the achievement of objectives in— 
‘‘(A) effectiveness and efficiency of oper-
ations, such as grant management practices; 
‘‘(B) reliability of reporting for internal 
and external use; and 
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‘‘(C) compliance with applicable laws and 
regulations, as well as recommendations of the 
Office of Inspector General and the Government 
Accountability Office; and 
‘‘(45) the term ‘tribal government’ means the 
governing body of an Indian tribe.’’. 
TITLE 
II—JUVENILE 
JUSTICE 
AND DELINQUENCY PREVEN-
TION 
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 
Section 204 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5614) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), in the first sen-
tence— 
(i) by striking ‘‘a long-term plan, and 
implement’’ and inserting the following: ‘‘a 
long-term plan to improve the juvenile jus-
tice system in the United States, taking 
into account scientific knowledge regarding 
adolescent development and behavior and 
regarding the effects of delinquency pre-
vention programs and juvenile justice 
interventions on adolescents, and shall im-
plement’’; and 
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(A) in paragraph (1), by striking ‘‘para-
graphs (12)(A), (13), and (14) of section 
223(a) of this title’’ and inserting ‘‘the core re-
quirements’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, on an annual 
basis’’ after ‘‘collectively’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) not later than 120 days after the 
completion of the last meeting of the Council 
during any fiscal year, submit to the Committee 
on Education and the Workforce of the House 
of Representatives and the Committee on the 
Judiciary of the Senate a report that— 
‘‘(i) contains the recommendations de-
scribed in subparagraph (A); 
‘‘(ii) includes a detailed account of the 
activities conducted by the Council during 
the fiscal year, including a complete de-
tailed accounting of expenses incurred by 
the Council to conduct operations in ac-
cordance with this section; 
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‘‘(iii) is published on the Web sites of 
the Office of Juvenile Justice and Delin-
quency Prevention, the Council, and the 
Department of Justice; and 
‘‘(iv) is in addition to the annual re-
port required under section 207.’’. 
SEC. 203. ANNUAL REPORT. 
Section 207 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5617) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘a fiscal year’’ and inserting ‘‘each fiscal 
year’’; 
(2) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘and 
gender’’ and inserting ‘‘, gender, and ethnicity, 
as such term is defined by the Bureau of the 
Census,’’; 
(B) in subparagraph (E), by striking 
‘‘and’’ at the end; 
(C) in subparagraph (F)— 
(i) by inserting ‘‘and other’’ before 
‘‘disabilities,’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(D) by adding at the end the following: 
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‘‘(G) a summary of data from 1 month of 
the applicable fiscal year of the use of restraints 
and isolation upon juveniles held in the custody 
of secure detention and correctional facilities 
operated by a State or unit of local government; 
‘‘(H) the number of status offense cases 
petitioned to court, number of status offenders 
held in secure detention, the findings used to 
justify the use of secure detention, and the av-
erage period of time a status offender was held 
in secure detention; 
‘‘(I) the number of juveniles released from 
custody and the type of living arrangement to 
which they are released; 
‘‘(J) the number of juveniles whose offense 
originated on school grounds, during school- 
sponsored off-campus activities, or due to a re-
ferral by a school official, as collected and re-
ported by the Department of Education or simi-
lar State educational agency; and 
‘‘(K) the number of juveniles in the cus-
tody of secure detention and correctional facili-
ties operated by a State or unit of local govern-
ment who report being pregnant.’’; and 
(3) by adding at the end the following: 
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‘‘(5) A description of the criteria used to deter-
mine what programs qualify as evidence-based and 
promising programs under this title and title V and 
a comprehensive list of those programs the Adminis-
trator has determined meet such criteria in both 
rural and urban areas. 
‘‘(6) A description of funding provided to In-
dian tribes under this Act or for a juvenile delin-
quency or prevention program under the Tribal Law 
and Order Act of 2010 (Public Law 111–211; 124 
Stat. 2261), including direct Federal grants and 
funding provided to Indian tribes through a State or 
unit of local government. 
‘‘(7) An analysis and evaluation of the internal 
controls at the Office of Juvenile Justice and Delin-
quency Prevention to determine if grantees are fol-
lowing the requirements of the Office of Juvenile 
Justice and Delinquency Prevention grant programs 
and what remedial action the Office of Juvenile Jus-
tice and Delinquency Prevention has taken to re-
cover any grant funds that are expended in violation 
of the grant programs, including instances— 
‘‘(A) in which supporting documentation 
was not provided for cost reports; 
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‘‘(B) where unauthorized expenditures oc-
curred; or 
‘‘(C) where subrecipients of grant funds 
were not compliant with program requirements. 
‘‘(8) An analysis and evaluation of the total 
amount of payments made to grantees that the Of-
fice of Juvenile Justice and Delinquency Prevention 
recouped from grantees that were found to be in vio-
lation of policies and procedures of the Office of Ju-
venile Justice and Delinquency Prevention grant 
programs, including— 
‘‘(A) the full name and location of the 
grantee; 
‘‘(B) the violation of the program found; 
‘‘(C) the amount of funds sought to be re-
couped by the Office of Juvenile Justice and 
Delinquency Prevention; and 
‘‘(D) the actual amount recouped by the 
Office of Juvenile Justice and Delinquency Pre-
vention.’’. 
SEC. 204. ALLOCATION OF FUNDS. 
(a) TECHNICAL ASSISTANCE.—Section 221(b)(1) of 
the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 
percent’’ and inserting ‘‘5 percent’’. 
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(b) OTHER ALLOCATIONS.—Section 222 of the Juve-
nile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5632) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘age 
eighteen’’ and inserting ‘‘18 years of age, based 
on the most recent data available from the Bu-
reau of the Census’’; and 
(B) by striking paragraphs (2) and (3) and 
inserting the following: 
‘‘(2)(A) If the aggregate amount appropriated for a 
fiscal year to carry out this title is less than $75,000,000, 
then— 
‘‘(i) the amount allocated to each State other 
than a State described in clause (ii) for that fiscal 
year shall be not less than $400,000; and 
‘‘(ii) the amount allocated to the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands for 
that fiscal year shall be not less than $75,000. 
‘‘(B) If the aggregate amount appropriated for a fis-
cal year to carry out this title is not less than 
$75,000,000, then— 
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‘‘(i) the amount allocated to each State other 
than a State described in clause (ii) for that fiscal 
year shall be not less than $600,000; and 
‘‘(ii) the amount allocated to the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands for 
that fiscal year shall be not less than $100,000.’’; 
(2) in subsection (c), by striking ‘‘efficient ad-
ministration, including monitoring, evaluation, and 
one full-time staff position’’ and inserting ‘‘effective 
and efficient administration of funds, including the 
designation of not less than 1 individual who shall 
coordinate efforts to achieve and sustain compliance 
with the core requirements and certify whether the 
State is in compliance with such requirements’’; and 
(3) in subsection (d), by striking ‘‘5 per centum 
of the minimum’’ and inserting ‘‘not more than 5 
percent of the’’. 
SEC. 205. 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) in the matter preceding paragraph (1), 
by striking ‘‘and shall describe the status of 
compliance with State plan requirements.’’ and 
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inserting ‘‘and shall describe how the State plan 
is supported by or takes account of scientific 
knowledge regarding adolescent development 
and behavior and regarding the effects of delin-
quency prevention programs and juvenile justice 
interventions on adolescents. Not later than 60 
days after the date on which a plan or amended 
plan submitted under this subsection is final-
ized, a State shall make the plan or amended 
plan publicly available by posting the plan or 
amended plan on the State’s publicly available 
Web site.’’; 
(B) in paragraph (1), by striking ‘‘de-
scribed in section 299(c)(1)’’ and inserting ‘‘as 
designated by the chief executive officer of the 
State’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) in clause (i), by inserting ‘‘ad-
olescent development,’’ after ‘‘con-
cerning’’; 
(II) in clause (ii)— 
(aa) in subclause (II), by in-
serting ‘‘publicly supported court- 
appointed legal counsel with ex-
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perience representing juveniles in 
delinquency proceedings,’’ after 
‘‘youth,’’; 
(bb) in subclause (III), by 
striking ‘‘mental health, edu-
cation, special education’’ and in-
serting ‘‘child and adolescent 
mental health, education, child 
and adolescent substance abuse, 
special education, services for 
youth with disabilities’’; 
(cc) in subclause (V), by 
striking ‘‘delinquents or potential 
delinquents’’ and inserting ‘‘de-
linquent youth or youth at risk of 
delinquency’’; 
(dd) in subclause (VI), by 
striking ‘‘youth workers involved 
with’’ and inserting ‘‘representa-
tives of’’; 
(ee) in subclause (VII), by 
striking ‘‘and’’ at the end; 
(ff) by striking subclause 
(VIII) and inserting the fol-
lowing: 
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‘‘(VIII) persons, licensed or cer-
tified by the applicable State, with ex-
pertise and competence in preventing 
and addressing mental health and 
substance abuse needs in delinquent 
youth and youth at risk of delin-
quency; 
‘‘(IX) representatives of victim or 
witness advocacy groups, including at 
least 1 individual with expertise in ad-
dressing the challenges of sexual 
abuse and exploitation and trauma, 
particularly the needs of special popu-
lations 
who 
experience 
dispropor-
tionate levels of sexual abuse, exploi-
tation, and trauma before entering the 
juvenile justice system; and 
‘‘(X) for a State in which one or 
more Indian tribes are located, an In-
dian tribal representative or other in-
dividual with significant expertise in 
tribal law enforcement and juvenile 
justice in Indian tribal communities;’’; 
(III) in clause (iv), by striking 
‘‘24 at the time of appointment’’ and 
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inserting ‘‘28 at the time of initial ap-
pointment’’; and 
(IV) in clause (v) by inserting 
‘‘or, if not feasible and in appropriate 
circumstances, who is the parent or 
guardian of someone who has been or 
is currently under the jurisdiction of 
the juvenile justice system’’ after ‘‘ju-
venile justice system’’; 
(ii) in subparagraph (C), by striking 
‘‘30 days’’ and inserting ‘‘45 days’’; and 
(iii) in subparagraph (D)— 
(I) in clause (i), by striking 
‘‘and’’ at the end; and 
(II) in clause (ii), by striking ‘‘at 
least annually recommendations re-
garding State compliance with the re-
quirements of paragraphs (11), (12), 
and (13)’’ and inserting ‘‘at least 
every 2 years a report and necessary 
recommendations 
regarding 
State 
compliance with the core require-
ments’’; and 
(iv) in subparagraph (E)— 
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lotter on DSK5VPTVN1PROD with BILLS
(I) in clause (i), by adding ‘‘and’’ 
at the end; and 
(II) in clause (ii), by striking the 
period at the end and inserting a 
semicolon; 
(D) in paragraph (5)(C), by striking ‘‘In-
dian tribes’’ and all that follows through ‘‘appli-
cable to the detention and confinement of juve-
niles’’ and inserting ‘‘Indian tribes that agree 
to attempt to comply with the core require-
ments applicable to the detention and confine-
ment of juveniles’’; 
(E) in paragraph (7)— 
(i) in subparagraph (A), by striking 
‘‘performs law enforcement functions’’ and 
inserting ‘‘has jurisdiction’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iii), by striking 
‘‘and’’ at the end; and 
(II) by striking clause (iv) and 
inserting the following: 
‘‘(iv) a plan to provide alternatives to 
detention for status offenders, survivors of 
commercial sexual exploitation, and others, 
where appropriate, such as specialized or 
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problem-solving courts or diversion to 
home-based or community-based services 
or treatment for those youth in need of 
mental health, substance abuse, or co-oc-
curring disorder services at the time such 
juveniles first come into contact with the 
juvenile justice system; 
‘‘(v) a plan to reduce the number of 
children housed in secure detention and 
corrections facilities who are awaiting 
placement in residential treatment pro-
grams; 
‘‘(vi) a plan to engage family mem-
bers, where appropriate, in the design and 
delivery of juvenile delinquency prevention 
and treatment services, particularly post- 
placement; 
‘‘(vii) a plan to use community-based 
services to respond to the needs of at-risk 
youth or youth who have come into contact 
with the juvenile justice system; 
‘‘(viii) a plan to promote evidence- 
based and trauma-informed programs and 
practices; and 
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serious threat of hurting herself, 
staff, or others; or 
‘‘(bb) 
reasonable 
grounds 
exist to believe the detainee pre-
sents an immediate and credible 
risk of escape that cannot be rea-
sonably minimized through any 
other method;’’; 
(F) in paragraph (8), by striking ‘‘exist-
ing’’ and inserting ‘‘evidence-based and prom-
ising’’; 
(G) in paragraph (9)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, with priority in 
funding given to entities meeting the cri-
teria for evidence-based or promising pro-
grams’’ after ‘‘used for’’; 
(ii) in subparagraph (A)— 
(I) in clause (i)— 
(aa) by inserting ‘‘status of-
fenders and other’’ before ‘‘youth 
who need’’; and 
(bb) by striking ‘‘and’’ at 
the end; 
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(II) in clause (ii) by adding 
‘‘and’’ at the end; and 
(III) by inserting after clause (ii) 
the following: 
‘‘(iii) for youth who are active or 
former gang members, specialized intensive 
and comprehensive services that address 
the unique issues encountered by youth 
when they become involved with gangs;’’; 
(iii) in subparagraph (B)(i)— 
(I) by striking ‘‘parents and 
other family members’’ and inserting 
‘‘status offenders, other youth, and 
the parents and other family members 
of such offenders and youth’’; and 
(II) by striking ‘‘be retained’’ 
and inserting ‘‘remain’’; 
(iv) in subparagraph (E)— 
(I) in the matter preceding clause 
(i), by striking ‘‘delinquent’’ and in-
serting ‘‘at-risk or delinquent youth’’; 
and 
(II) in clause (i), by inserting ‘‘, 
including for truancy prevention and 
reduction’’ before the semicolon; 
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(v) in subparagraph (F), in the mat-
ter preceding clause (i), by striking ‘‘ex-
panding’’ and inserting ‘‘programs to ex-
pand’’; 
(vi) by redesignating subparagraphs 
(G) through (S) as subparagraphs (H) 
through (T), respectively; 
(vii) by inserting after subparagraph 
(F), the following: 
‘‘(G) programs— 
‘‘(i) to ensure youth have access to 
appropriate legal representation; and 
‘‘(ii) to expand access to publicly sup-
ported, court-appointed legal counsel who 
are trained to represent juveniles in adju-
dication proceedings, 
except that the State may not use more than 2 
percent of the funds received under section 222 
for these purposes;’’; 
(viii) in subparagraph (H), as so re-
designated, by striking ‘‘State,’’ each place 
the term appears and inserting ‘‘State, 
tribal,’’; 
(ix) in subparagraph (M), as so redes-
ignated— 
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(I) in clause (i)— 
(aa) by inserting ‘‘pre-adju-
dication and’’ before ‘‘post-adju-
dication’’; 
(bb) by striking ‘‘restraints’’ 
and inserting ‘‘alternatives’’; and 
(cc) by inserting ‘‘specialized 
or problem-solving courts,’’ after 
‘‘(including’’; and 
(II) in clause (ii)— 
(aa) by striking ‘‘by the pro-
vision by the Administrator’’; and 
(bb) by striking ‘‘to States’’; 
(x) in subparagraph (N), as redesig-
nated— 
(I) by inserting ‘‘and reduce the 
risk of recidivism’’ after ‘‘families’’; 
and 
(II) by striking ‘‘so that such ju-
veniles may be retained in their 
homes’’; 
(xi) in subparagraph (S), as so redes-
ignated, by striking ‘‘and’’ at the end; 
(xii) in subparagraph (T), as so redes-
ignated— 
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(I) by inserting ‘‘or co-occurring 
disorder’’ after ‘‘mental health’’; 
(II) by inserting ‘‘court-involved 
or’’ before ‘‘incarcerated’’; 
(III) by striking ‘‘suspected to 
be’’; 
(IV) by striking ‘‘and discharge 
plans’’ and inserting ‘‘provision of 
treatment, and development of dis-
charge plans’’; and 
(V) by striking the period at the 
end and inserting a semicolon; and 
(xiii) by inserting after subparagraph 
(T) the following: 
‘‘(U) programs and projects designed— 
‘‘(i) to inform juveniles of the oppor-
tunity 
and 
process 
for 
sealing 
and 
expunging juvenile records; and 
‘‘(ii) to assist juveniles in pursuing ju-
venile record sealing and expungements for 
both adjudications and arrests not followed 
by adjudications; 
except that the State may not use more than 2 
percent of the funds received under section 222 
for these purposes; 
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‘‘(V) programs that address the needs of 
girls in or at risk of entering the juvenile justice 
system, including pregnant girls, young moth-
ers, victims of sexual abuse, survivors of com-
mercial sexual exploitation or domestic child sex 
trafficking, girls with disabilities, and girls of 
color, including girls who are members of an In-
dian tribe; and 
‘‘(W) monitoring for compliance with the 
core requirements and providing training and 
technical assistance on the core requirements to 
secure facilities;’’; 
(H) by striking paragraph (11) and insert-
ing the following: 
‘‘(11)(A) in accordance with rules issued by the 
Administrator, provide that a juvenile shall not be 
placed in a secure detention facility or a secure cor-
rectional facility, if— 
‘‘(i) the juvenile is charged with or has 
committed an offense that would not be crimi-
nal if committed by an adult, excluding— 
‘‘(I) a juvenile who is charged with or 
has committed a violation of section 
922(x)(2) of title 18, United States Code, 
or of a similar State law; 
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‘‘(II) a juvenile who is charged with 
or has committed a violation of a valid 
court order issued and reviewed in accord-
ance with paragraph (23); and 
‘‘(III) a juvenile who is held in ac-
cordance with the Interstate Compact on 
Juveniles as enacted by the State; or 
‘‘(ii) the juvenile— 
‘‘(I) is not charged with any offense; 
and 
‘‘(II)(aa) is an alien; or 
‘‘(bb) is alleged to be dependent, ne-
glected, or abused; and 
‘‘(B) require that— 
‘‘(i) not later than 3 years after the date 
of enactment of the Supporting Youth Oppor-
tunity and Preventing Delinquency Act of 2016, 
unless a court finds, after a hearing and in 
writing, that it is in the interest of justice, juve-
niles awaiting trial or other legal process who 
are treated as adults for purposes of prosecu-
tion in criminal court and housed in a secure 
facility— 
‘‘(I) shall not have sight or sound con-
tact with adult inmates; and 
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‘‘(II) except as provided in paragraph 
(13), may not be held in any jail or lockup 
for adults; 
‘‘(ii) in determining under subparagraph 
(A) whether it is in the interest of justice to 
permit a juvenile to be held in any jail or lock-
up for adults, or have sight or sound contact 
with adult inmates, a court shall consider— 
‘‘(I) the age of the juvenile; 
‘‘(II) the physical and mental matu-
rity of the juvenile; 
‘‘(III) the present mental state of the 
juvenile, including whether the juvenile 
presents an imminent risk of harm to the 
juvenile; 
‘‘(IV) the nature and circumstances of 
the alleged offense; 
‘‘(V) the juvenile’s history of prior de-
linquent acts; 
‘‘(VI) the relative ability of the avail-
able adult and juvenile detention facilities 
to not only meet the specific needs of the 
juvenile but also to protect the safety of 
the public as well as other detained youth; 
and 
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‘‘(VII) any other relevant factor; and 
‘‘(iii) if a court determines under subpara-
graph (A) that it is in the interest of justice to 
permit a juvenile to be held in any jail or lock-
up for adults— 
‘‘(I) the court shall hold a hearing not 
less frequently than once every 30 days, or 
in the case of a rural jurisdiction, not less 
frequently than once every 45 days, to re-
view whether it is still in the interest of 
justice to permit the juvenile to be so held 
or have such sight or sound contact; and 
‘‘(II) the juvenile shall not be held in 
any jail or lockup for adults, or permitted 
to have sight or sound contact with adult 
inmates, for more than 180 days, unless 
the court, in writing, determines there is 
good cause for an extension or the juvenile 
expressly waives this limitation;’’. 
(I) in paragraph (12)(A), by striking ‘‘con-
tact’’ and inserting ‘‘sight or sound contact’’; 
(J) in paragraph (13), by striking ‘‘con-
tact’’ each place it appears and inserting ‘‘sight 
or sound contact’’; 
(K) in paragraph (14)— 
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lotter on DSK5VPTVN1PROD with BILLS
(i) by striking ‘‘adequate system’’ and 
inserting ‘‘effective system’’; 
(ii) by inserting ‘‘lock-ups,’’ after 
‘‘monitoring jails,’’; 
(iii) by inserting ‘‘and’’ after ‘‘deten-
tion facilities,’’; 
(iv) by striking ‘‘, and non-secure fa-
cilities’’; 
(v) by striking ‘‘insure’’ and inserting 
‘‘ensure’’; 
(vi) by striking ‘‘requirements of 
paragraphs (11), (12), and (13)’’ and in-
serting ‘‘core requirements’’; and 
(vii) by striking ‘‘, in the opinion of 
the Administrator,’’; 
(L) by striking paragraphs (22) and (27); 
(M) by redesignating paragraph (28) as 
paragraph (27); 
(N) by redesignating paragraphs (15) 
through (21) as paragraphs (16) through (22), 
respectively; 
(O) by inserting after paragraph (14) the 
following: 
‘‘(15) implement policy, practice, and system 
improvement strategies at the State, territorial, 
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local, and tribal levels, as applicable, to identify and 
reduce racial and ethnic disparities among youth 
who come into contact with the juvenile justice sys-
tem, without establishing or requiring numerical 
standards or quotas, by— 
‘‘(A) establishing or designating existing 
coordinating bodies, composed of juvenile jus-
tice stakeholders, (including representatives of 
the educational system) at the State, local, or 
tribal levels, to advise efforts by States, units of 
local government, and Indian tribes to reduce 
racial and ethnic disparities; 
‘‘(B) identifying and analyzing data on 
race and ethnicity at all decision points in 
State, local, or tribal juvenile justice systems to 
determine which key points create racial and 
ethnic disparities among youth who come into 
contact with the juvenile justice system; and 
‘‘(C) developing and implementing a work 
plan that includes measurable objectives for pol-
icy, practice, or other system changes, based on 
the needs identified in the data collection and 
analysis under subparagraph (B);’’; 
(P) in paragraph (16), as so redesignated, 
by inserting ‘‘ethnicity,’’ after ‘‘race,’’; 
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(Q) in paragraph (21), as so redesignated, 
by striking ‘‘local,’’ each place the term appears 
and inserting ‘‘local, tribal,’’; 
(R) in paragraph (23)— 
(i) in subparagraphs (A), (B), and 
(C), by striking ‘‘juvenile’’ each place it 
appears and inserting ‘‘status offender’’; 
(ii) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (C)— 
(I) in clause (i), by striking 
‘‘and’’ at the end; 
(II) in clause (ii), by adding 
‘‘and’’ at the end; and 
(III) by adding at the end the 
following: 
‘‘(iii) if such court determines the sta-
tus offender should be placed in a secure 
detention facility or correctional facility for 
violating such order— 
‘‘(I) the court shall issue a writ-
ten order that— 
‘‘(aa) identifies the valid 
court order that has been vio-
lated; 
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‘‘(bb) specifies the factual 
basis for determining that there 
is reasonable cause to believe 
that the status offender has vio-
lated such order; 
‘‘(cc) includes findings of 
fact to support a determination 
that there is no appropriate less 
restrictive alternative available to 
placing the status offender in 
such a facility, with due consider-
ation to the best interest of the 
juvenile; 
‘‘(dd) specifies the length of 
time, not to exceed 7 days, that 
the status offender may remain 
in a secure detention facility or 
correctional facility, and includes 
a plan for the status offender’s 
release from such facility; and 
‘‘(ee) may not be renewed or 
extended; and 
‘‘(II) the court may not issue a 
second or subsequent order described 
in subclause (I) relating to a status 
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offender unless the status offender 
violates a valid court order after the 
date on which the court issues an 
order described in subclause (I); and’’; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(D) there are procedures in place to en-
sure that any status offender held in a secure 
detention facility or correctional facility pursu-
ant to a court order described in this paragraph 
does not remain in custody longer than 7 days 
or the length of time authorized by the court, 
whichever is shorter;’’; 
(S) in paragraph (26)— 
(i) by inserting ‘‘and in accordance 
with confidentiality concerns,’’ after ‘‘max-
imum extent practicable,’’; and 
(ii) by striking the semicolon at the 
end and inserting the following: ‘‘, so as to 
provide for— 
‘‘(A) data in child abuse or neglect reports 
relating to juveniles entering the juvenile justice 
system with a prior reported history of arrest, 
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court intake, probation and parole, juvenile de-
tention, and corrections; and 
‘‘(B) a plan to use the data described in 
subparagraph (A) to provide necessary services 
for the treatment of such victims of child abuse 
or neglect;’’; 
(T) in paragraph (27), as so redesignated, 
by striking the period at the end and inserting 
a semicolon; and 
(U) by adding at the end the following: 
‘‘(28) provide for the coordinated use of funds 
provided under this title with other Federal and 
State funds directed at juvenile delinquency preven-
tion and intervention programs; 
‘‘(29) describe the policies, procedures, and 
training in effect for the staff of juvenile State cor-
rectional facilities to eliminate the use of dangerous 
practices, unreasonable restraints, and unreasonable 
isolation, including by developing effective behavior 
management techniques; 
‘‘(30) describe— 
‘‘(A) the evidence-based methods that will 
be used to conduct mental health and substance 
abuse screening, assessment, referral, and 
treatment for juveniles who— 
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‘‘(i) request a screening; 
‘‘(ii) show signs of needing a screen-
ing; or 
‘‘(iii) are held for a period of more 
than 24 hours in a secure facility that pro-
vides for an initial screening; and 
‘‘(B) how the State will seek, to the extent 
practicable, to provide or arrange for mental 
health and substance abuse disorder treatment 
for juveniles determined to be in need of such 
treatment; 
‘‘(31) describe how reentry planning by the 
State for juveniles will include— 
‘‘(A) a written case plan based on an as-
sessment of needs that includes— 
‘‘(i) the pre-release and post-release 
plans for the juveniles; 
‘‘(ii) the living arrangement to which 
the juveniles are to be discharged; and 
‘‘(iii) any other plans developed for 
the juveniles based on an individualized as-
sessment; and 
‘‘(B) review processes; 
‘‘(32) provide an assurance that the agency of 
the State receiving funds under this title collaborates 
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with the State educational agency receiving assist-
ance under part A of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 
et seq.) to develop and implement a plan to ensure 
that, in order to support educational progress— 
‘‘(A) the student records of adjudicated ju-
veniles, including electronic records if available, 
are transferred in a timely manner from the 
educational program in the juvenile detention or 
secure treatment facility to the educational or 
training program into which the juveniles will 
enroll; 
‘‘(B) the credits of adjudicated juveniles 
are transferred; and 
‘‘(C) adjudicated juveniles receive full or 
partial credit toward high school graduation for 
secondary school coursework satisfactorily com-
pleted before and during the period of time dur-
ing which the juveniles are held in custody, re-
gardless of the local educational agency or enti-
ty from which the credits were earned; and 
‘‘(33) describe policies and procedures to— 
‘‘(A) screen for, identify, and document in 
records of the State the identification of victims 
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of domestic human trafficking, or those at risk 
of such trafficking, upon intake; and 
‘‘(B) divert youth described in subpara-
graph (A) to appropriate programs or services, 
to the extent practicable.’’; 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c)(1) If a State fails to comply with any of the core 
requirements in any fiscal year, then— 
‘‘(A) subject to subparagraph (B), the amount 
allocated to such State under section 222 for the 
subsequent fiscal year shall be reduced by not less 
than 20 percent for each core requirement with re-
spect to which the failure occurs; and 
‘‘(B) the State shall be ineligible to receive any 
allocation under such section for such fiscal year un-
less— 
‘‘(i) the State agrees to expend 50 percent 
of the amount allocated to the State for such 
fiscal year to achieve compliance with any such 
core requirement with respect to which the 
State is in noncompliance; or 
‘‘(ii) the Administrator determines that the 
State— 
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‘‘(I) has achieved substantial compli-
ance with such applicable requirements 
with respect to which the State was not in 
compliance; and 
‘‘(II) has made, through appropriate 
executive or legislative action, an unequivo-
cal commitment to achieving full compli-
ance with such applicable requirements 
within a reasonable time. 
‘‘(2) Of the total amount of funds not allocated for 
a fiscal year under paragraph (1)— 
‘‘(A) 50 percent of the unallocated funds shall 
be reallocated under section 222 to States that have 
not failed to comply with the core requirements; and 
‘‘(B) 50 percent of the unallocated funds shall 
be used by the Administrator to provide additional 
training and technical assistance to States for the 
purpose of promoting compliance with the core re-
quirements.’’; 
(3) in subsection (d)— 
(A) by striking ‘‘described in paragraphs 
(11), (12), (13), and (22) of subsection (a)’’ 
and inserting ‘‘described in the core require-
ments’’; and 
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(B) by striking ‘‘the requirements under 
paragraphs (11), (12), (13), and (22) of sub-
section (a)’’ and inserting ‘‘the core require-
ments’’; 
(4) in subsection (f)(2)— 
(A) by striking subparagraph (A); and 
(B) by redesignating subparagraphs (B) 
through (E) as subparagraphs (A) through (D), 
respectively; and 
(5) by adding at the end the following: 
‘‘(g) COMPLIANCE DETERMINATION.— 
‘‘(1) IN GENERAL.—For each fiscal year, the 
Administrator shall make a determination regarding 
whether each State receiving a grant under this title 
is in compliance or out of compliance with respect to 
each of the core requirements. 
‘‘(2) REPORTING.—The Administrator shall— 
‘‘(A) issue an annual public report— 
‘‘(i) describing any determination de-
scribed in paragraph (1) made during the 
previous year, including a summary of the 
information on which the determination is 
based and the actions to be taken by the 
Administrator (including a description of 
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lotter on DSK5VPTVN1PROD with BILLS
any reduction imposed under subsection 
(c)); and 
‘‘(ii) for any such determination that 
a State is out of compliance with any of 
the core requirements, describing the basis 
for the determination; and 
‘‘(B) make the report described in sub-
paragraph (A) available on a publicly available 
Web site. 
‘‘(3) DETERMINATIONS
REQUIRED.—The Ad-
ministrator may not— 
‘‘(A) determine that a State is ‘not out of 
compliance’, or issue any other determination 
not described in paragraph (1), with respect to 
any core requirement; or 
‘‘(B) otherwise fail to make the compliance 
determinations required under paragraph (1).’’. 
SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVEN-
TION BLOCK GRANT PROGRAM. 
Part C of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5651 et seq.) 
is repealed. 
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SEC. 207. RESEARCH AND EVALUATION; STATISTICAL 
ANALYSES; INFORMATION DISSEMINATION. 
Section 251 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5661) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘may’’ and inserting 
‘‘shall’’; 
(ii) in subparagraph (A), by striking 
‘‘plan and identify’’ and inserting ‘‘annu-
ally publish a plan to identify’’; and 
(iii) in subparagraph (B)— 
(I) by striking clause (iii) and in-
serting the following: 
‘‘(iii) successful efforts to prevent status 
offenders and first-time minor offenders from 
subsequent involvement with the juvenile justice 
and criminal justice systems;’’; 
(II) by striking clause (vii) and 
inserting the following: 
‘‘(vii) the prevalence and duration of be-
havioral health needs (including mental health, 
substance abuse, and co-occurring disorders) 
among juveniles pre-placement and post-place-
ment in the juvenile justice system, including 
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an examination of the effects of secure confine-
ment;’’; 
(III) by redesignating clauses 
(ix), (x), and (xi) as clauses (xvi), 
(xvii), and (xviii), respectively; and 
(IV) by inserting after clause 
(viii) the following: 
‘‘(ix) training efforts and reforms that 
have produced reductions in or elimination of 
the use of dangerous practices; 
‘‘(x) methods to improve the recruitment, 
selection, training, and retention of professional 
personnel who are focused on the prevention, 
identification, and treatment of delinquency; 
‘‘(xi) methods to improve the identification 
and response to victims of domestic child sex 
trafficking within the juvenile justice system; 
‘‘(xii) identifying positive outcome meas-
ures, such as attainment of employment and 
educational degrees, that States and units of 
local government should use to evaluate the 
success of programs aimed at reducing recidi-
vism of youth who have come in contact with 
the juvenile justice system or criminal justice 
system; 
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‘‘(xiii) evaluating the impact and outcomes 
of the prosecution and sentencing of juveniles 
as adults; 
‘‘(xiv) evaluating the impact of fines, fees, 
and other costs assessed by the juvenile justice 
system on the long-term disposition of status 
offenders and other juveniles; 
‘‘(xv) successful and cost-effective efforts 
by States and units of local government to re-
duce recidivism through policies that provide for 
consideration of appropriate alternative sanc-
tions to incarceration of youth facing nonviolent 
charges, while ensuring that public safety is 
preserved;’’; and 
(B) in paragraph (4)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘date of enact-
ment of this paragraph, the’’ and in-
serting ‘‘date of enactment of the 
Supporting Youth Opportunity and 
Preventing Delinquency Act of 2016, 
the’’; and 
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(II) by inserting ‘‘in accordance 
with relevant confidentiality require-
ments’’ after ‘‘wards of the State’’; 
(ii) in subparagraph (D), by inserting 
‘‘and Indian tribes’’ after ‘‘State’’; 
(iii) in subparagraph (F), by striking 
‘‘and’’ at the end; 
(iv) in subparagraph (G), by striking 
the period at the end and inserting a semi-
colon; and 
(v) by adding at the end the following: 
‘‘(H) a description of the best practices in dis-
charge planning; and 
‘‘(I) an assessment of living arrangements for 
juveniles who, upon release from confinement in a 
State correctional facility, cannot return to the resi-
dence they occupied prior to such confinement.’’; 
(2) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(3) by adding at the end the following: 
‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Admin-
istrator, in accordance with applicable confidentiality re-
quirements and in consultation with experts in the field 
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