II 
Calendar No. 649 
114TH CONGRESS 
2D SESSION 
H. R. 5963 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 26, 2016 
Received 
SEPTEMBER 27, 2016 
Read twice and placed on the calendar 
AN ACT 
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 time of the of-
fense, 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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(ii) by striking ‘‘research, and im-
provement of the juvenile justice system in 
the United States’’ and inserting ‘‘and re-
search’’; and 
(B) in paragraph (2)(B), by striking ‘‘Fed-
eral Register’’ and all that follows and inserting 
‘‘Federal Register during the 30-day period 
ending on October 1 of each year.’’; and 
(2) in subsection (b)— 
(A) by striking paragraph (7); 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (6) and (7), respectively; 
(C) by inserting after paragraph (4), the 
following: 
‘‘(5) not later than 1 year after the date of en-
actment of the Supporting Youth Opportunity and 
Preventing Delinquency Act of 2016, in consultation 
with Indian tribes, develop a policy for the Office of 
Juvenile Justice and Delinquency Prevention to col-
laborate with representatives of Indian tribes with a 
criminal justice function on the implementation of 
the provisions of this Act relating to Indian tribes;’’; 
(D) in paragraph (6), as so redesignated, 
by adding ‘‘and’’ at the end; and 
(E) in paragraph (7), as so redesignated— 
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(i) by striking ‘‘monitoring’’; 
(ii) by striking ‘‘section 223(a)(15)’’ 
and inserting ‘‘section 223(a)(16)’’; and 
(iii) by striking ‘‘to review the ade-
quacy of such systems; and’’ and inserting 
‘‘for monitoring compliance.’’. 
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 
AND DELINQUENCY PREVENTION. 
Section 206 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘the Administrator of 
the Substance Abuse and Mental Health 
Services Administration, the Secretary of 
the Interior,’’ after ‘‘the Secretary of 
Health and Human Services,’’; and 
(ii) by striking ‘‘Commissioner of Im-
migration and Naturalization’’ and insert-
ing ‘‘Assistant Secretary for Immigration 
and Customs Enforcement’’; and 
(B) in paragraph (2), by striking ‘‘United 
States’’ and inserting ‘‘Federal Government’’; 
and 
(2) in subsection (c)— 
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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 one 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 
website.’’; 
(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; and 
(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 one individual with expertise in 
addressing 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’’; 
(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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(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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‘‘(ix) not later than 1 year after the 
date of enactment of the Supporting Youth 
Opportunity and Preventing Delinquency 
Act of 2016, a plan, which shall be imple-
mented not later than 2 years after the 
date of enactment of the Supporting Youth 
Opportunity and Preventing Delinquency 
Act of 2016, to— 
‘‘(I) eliminate the use of re-
straints of known pregnant juveniles 
housed in secure juvenile detention 
and correction facilities, during labor, 
delivery, and post-partum recovery, 
unless credible, reasonable grounds 
exist to believe the detainee presents 
an immediate and serious threat of 
hurting herself, staff, or others; and 
‘‘(II) eliminate the use of abdom-
inal restraints, leg and ankle re-
straints, wrist restraints behind the 
back, and four-point restraints on 
known pregnant juveniles, unless— 
‘‘(aa) credible, reasonable 
grounds exist to believe the de-
tainee presents an immediate 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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(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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