(5) by adding at the end the following: 
‘‘(30) the term ‘restraint’ means a chemical or 
medical agent, physical force technique, or mechan-
ical device that restricts movement; 
‘‘(31) the term ‘chemical agent’ means a spray 
used to temporarily incapacitate a person, such as 
oleoresin 
capsicum 
spray, 
tear 
gas, 
or 
2- 
chlorobenzalmalononitrile gas (CS gas); 
‘‘(32) the term ‘seclusion’ means any instance 
in which a youth is confined alone for more than 15 
minutes, including in an unlocked or locked room, 
specialized unit or other area of isolation, segrega-
tion, or room time; 
‘‘(33) the term ‘evidence based’ means a pro-
gram that is demonstrated with relative evidence, 
normed and validated for a diverse population, to be 
either— 
‘‘(A) exemplary, such that it is imple-
mented with a high degree of fidelity and dem-
onstrates robust empirical findings using a rep-
utable conceptual framework and an experi-
mental evaluation design of the highest quality 
(a random assignment control trial); or 
‘‘(B) effective, such that it is implemented 
with sufficient fidelity that it demonstrates ade-
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quate empirical findings using a sound concep-
tual framework and a quasi-experimental eval-
uation design of high quality (comparison group 
without random assignment control group); 
‘‘(34) the term ‘promising’ means a program 
that demonstrates effectiveness using reasonable, 
limited findings, and that has underway a more ap-
propriate evaluation that meets the criteria set forth 
in paragraph (33)(A) for determining evidence-based 
programs; and 
‘‘(35) 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, and it in-
cludes the use of chemical agents; choking; blows to 
the head; twisting body parts against joints or other 
techniques that rely on infliction of pain to secure 
compliance; restraint to fixed objects; restraint in 
any manner that creates risk of asphyxiation; use of 
belly belts or chains on pregnant girls; use of four- 
point or five-point restraints, straightjackets or re-
straint chairs, except for medical or mental health 
purposes specifically related to the safety of the 
youth, and under the direct supervision of medical or 
mental health personnel, use of psychotropic medica-
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tion without adherence to professional standards re-
garding dosage, or for purposes of coercion, punish-
ment, or convenience of staff; and use of physical 
force, chemical agents, or mechanical restraints for 
purposes of coercion, retaliation, punishment, or 
convenience of staff; and prolonged, forced physical 
exercise.’’. 
SEC. 3. STATE PLAN. 
Section 223(a) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5633(a)) is 
amended— 
(1) in paragraph (8) by striking ‘‘existing’’ and 
inserting ‘‘proven effective’’, 
(2) in paragraph (9)(L)(i) by striking ‘‘re-
straints’’ and inserting ‘‘requirements’’, 
(3) in paragraph (27) by striking ‘‘and’’ at the 
end, 
(4) in paragraph (28) by striking the period at 
the end and inserting a semicolon, and 
(5) by adding at the end the following: 
‘‘(29) provide that, within 4 years of the date 
of enactment of this paragraph, juveniles treated as 
adults for purposes of prosecution in criminal court 
and juveniles prosecuted as adults in criminal court 
may not be held in a jail or lockup for adults while 
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such juveniles are awaiting trial on a criminal 
charge; 
‘‘(30) provide that, within 4 years of the date 
of enactment of this paragraph, juveniles treated as 
adults for purposes of prosecution in criminal court 
and juveniles prosecuted as adults in criminal court 
may not be within sight or sound contact of adult 
inmates when held in the custody of the criminal 
court awaiting trial or other legal process; and 
‘‘(31) provide that the State will— 
‘‘(A) develop policies and procedures to 
eliminate the State-supported use of dangerous 
practices with juveniles in the custody of State 
or local secure detention and correctional facili-
ties and residential treatment centers; 
‘‘(B) increase the State’s efforts to operate 
facilities and programs that are safe for youth 
and staff, through effective behavior manage-
ment systems that clearly communicate incen-
tives and sanctions to increase appropriate be-
havior and decrease inappropriate behavior, and 
which are implemented through a continuum of 
responses that begin with verbal de-escalation 
and that only allow for use of the most punitive 
responses as a last resort; 
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‘‘(C) increase the State’s efforts to provide 
training for facility staff on effective techniques 
for effective behavior management, de-esca-
lation and crisis intervention, adolescent devel-
opment, safe physical control techniques, devel-
opmental disabilities, mental health disorders, 
and cultural competence; and 
‘‘(D) increase the State’s efforts to develop 
engaging, effective programming, and establish 
safe staffing levels in secure detention and cor-
rectional facilities.’’. 
SEC. 4. PROMOTING ALTERNATIVES TO INCARCERATION. 
Section 222 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5632) is amended by 
adding at the end the following: 
‘‘(e) INCENTIVE GRANTS.— 
‘‘(1) INCENTIVE GRANTS FUNDS.—The Admin-
istrator shall make grants totaling at least 5 percent 
of the funds appropriated for this part in each fiscal 
year as incentive grants to States. The Adminis-
trator shall make such incentive grants consistent 
with the provisions of subsection (a), and shall con-
dition such grants upon— 
‘‘(A) the State’s support for evidence-based 
or promising programs, prioritizing programs 
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