IB
Union Calendar No. 29
107TH CONGRESS
1ST SESSION
H. R. 863
[Report No. 107–46]
To provide grants to ensure increased accountability for juvenile offenders.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 2001
Mr. SMITH of Texas (for himself, Mr. SCOTT, Mr. BARR of Georgia, Mr.
CHABOT, Mr. COBLE, Mr. DELAHUNT, Mr. GOODLATTE, Mr. GREEN of
Wisconsin, Mr. HUTCHINSON, Ms. JACKSON-LEE of Texas, Mr. KELLER,
Mr. MEEHAN, and Mr. WEINER) introduced the following bill; which was
referred to the Committee on the Judiciary
APRIL 20, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 6, 2001]
A BILL
To provide grants to ensure increased accountability for
juvenile offenders.
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 ‘‘Consequences for Juve-
nile Offenders Act of 2001’’.
SEC. 2. GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended
to read as follows:
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK
GRANTS
‘‘SEC. 1801. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Attorney General is author-
ized to provide grants to States, for use by States and units
of local government, and in certain cases directly to spe-
cially qualified units.
‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a
State or a unit of local government under this part shall
be used by the State or unit of local government for the
purpose of strengthening the juvenile justice system, which
includes—
‘‘(1) developing, implementing, and admin-
istering graduated sanctions for juvenile offenders;
‘‘(2) building, expanding, renovating, or oper-
ating temporary or permanent juvenile correction, de-
tention, or community corrections facilities;
‘‘(3) hiring juvenile court judges, probation offi-
cers, and court-appointed defenders and special advo-
cates, and funding pretrial services for juvenile of-
fenders, to promote the effective and expeditious ad-
ministration of the juvenile justice system;
‘‘(4) hiring additional prosecutors, so that more
cases involving violent juvenile offenders can be pros-
ecuted and case backlogs reduced;
‘‘(5) providing funding to enable prosecutors to
address drug, gang, and youth violence problems more
effectively and for technology, equipment, and train-
ing to assist prosecutors in identifying and expediting
the prosecution of violent juvenile offenders;
‘‘(6) establishing and maintaining training pro-
grams for law enforcement and other court personnel
with respect to preventing and controlling juvenile
crime;
‘‘(7) establishing juvenile gun courts for the pros-
ecution and adjudication of juvenile firearms offend-
ers;
‘‘(8) establishing drug court programs for juve-
nile offenders that provide continuing judicial super-
vision over juvenile offenders with substance abuse
problems and the integrated administration of other
sanctions and services for such offenders;
‘‘(9) establishing and maintaining a system of
juvenile records designed to promote public safety;
‘‘(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile
and criminal justice system, schools, and social serv-
ices agencies to make more informed decisions regard-
ing the early identification, control, supervision, and
treatment of juveniles who repeatedly commit serious
delinquent or criminal acts;
‘‘(11) establishing and maintaining account-
ability-based programs designed to reduce recidivism
among juveniles who are referred by law enforcement
personnel or agencies;
‘‘(12) establishing and maintaining programs to
conduct risk and need assessments of juvenile offend-
ers that facilitate the effective early intervention and
the provision of comprehensive services, including
mental health screening and treatment and substance
abuse testing and treatment to such offenders;
‘‘(13) establishing and maintaining account-
ability-based programs that are designed to enhance
school safety;
‘‘(14) establishing and maintaining restorative
justice programs;
‘‘(15) establishing and maintaining programs to
enable juvenile courts and juvenile probation officers
to be more effective and efficient in holding juvenile
offenders accountable and reducing recidivism; and
‘‘(16) hiring detention and corrections personnel,
and establishing and maintaining training programs
for such personnel to improve facility practices and
programming.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘restorative justice program’ means a program that
emphasizes the moral accountability of an offender toward
the victim and the affected community, and may include
community reparations boards, restitution (in the form of
monetary payment or service to the victim or, where no vic-
tim can be identified, service to the affected community),
and mediation between victim and offender.
‘‘SEC. 1802. GRANT ELIGIBILITY.
‘‘(a) STATE ELIGIBILITY.—To be eligible to receive a
grant under this section, a State shall submit to the Attor-
ney General an application at such time, in such form, and
containing such assurances and information as the Attor-
ney General may require by guidelines, including—
‘‘(1) information about—
‘‘(A) the activities proposed to be carried
out with such grant; and
‘‘(B) the criteria by which the State pro-
poses to assess the effectiveness of such activities
on achieving the purposes of this part; and
‘‘(2) assurances that the State and any unit of
local government to which the State provides funding
under section 1803(b), has in effect (or shall have in
effect, not later than 1 year after the date that the
State submits such application) laws, or has imple-
mented (or shall implement, not later than 1 year
after the date that the State submits such application)
policies and programs, that provide for a system of
graduated sanctions described in subsection (c).
‘‘(b) LOCAL ELIGIBILITY.—
‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to
receive a subgrant, a unit of local government, other
than a specially qualified unit, shall provide to the
State—
‘‘(A) information about—
‘‘(i) the activities proposed to be car-
ried out with such subgrant; and
‘‘(ii) the criteria by which the unit
proposes to assess the effectiveness of such
activities on achieving the purposes of this
part; and
‘‘(B) such assurances as the State shall re-
quire, that, to the maximum extent applicable,
the unit of local government has in effect (or
shall have in effect, not later than 1 year after
the date that the unit submits such application)
laws, or has implemented (or shall implement,
not later than 1 year after the date that the unit
submits such application) policies and programs,
that provide for a system of graduated sanctions
described in subsection (c).
‘‘(2) SPECIAL RULE.—The requirements of para-
graph (1) shall apply to a specially qualified unit
that receives funds from the Attorney General under
section 1803(e), except that information that is other-
wise required to be submitted to the State shall be
submitted to the Attorney General.
‘‘(c) GRADUATED SANCTIONS.—A system of graduated
sanctions, which may be discretionary as provided in sub-
section (d), shall ensure, at a minimum, that—
‘‘(1) sanctions are imposed on a juvenile offender
for each delinquent offense;
‘‘(2) sanctions escalate in intensity with each
subsequent, more serious delinquent offense;
‘‘(3) there is sufficient flexibility to allow for in-
dividualized sanctions and services suited to the indi-
vidual juvenile offender; and
‘‘(4) appropriate consideration is given to public
safety and victims of crime.
‘‘(d) DISCRETIONARY USE OF SANCTIONS.—
‘‘(1) VOLUNTARY
PARTICIPATION.—A State or
unit of local government may be eligible to receive a
grant under this part if—
‘‘(A) its system of graduated sanctions is
discretionary; and
‘‘(B) it demonstrates that it has promoted
the use of a system of graduated sanctions by
taking steps to encourage implementation of such
a system by juvenile courts.
‘‘(2) REPORTING REQUIREMENT IF GRADUATED
SANCTIONS NOT USED.—
‘‘(A) JUVENILE COURTS.—A State or unit
of local government in which the imposition of
graduated sanctions is discretionary shall re-
quire 
each 
juvenile 
court 
within 
its
jurisdiction—
‘‘(i) which has not implemented a sys-
tem of graduated sanctions, to submit an
annual report that explains why such court
did not implement graduated sanctions;
and
‘‘(ii) which has implemented a system
of graduated sanctions but has not imposed
graduated sanctions in all cases, to submit
an annual report that explains why such
court did not impose graduated sanctions in
all cases.
‘‘(B) UNITS OF LOCAL GOVERNMENT.—Each
unit of local government, other than a specially
qualified unit, that has 1 or more juvenile courts
that use a discretionary system of graduated
sanctions shall collect the information reported
under subparagraph (A) for submission to the
State each year.
‘‘(C) STATES.—Each State and specially
qualified unit that has 1 or more juvenile courts
that use a discretionary system of graduated
sanctions shall collect the information reported
under subparagraph (A) for submission to the
Attorney General each year. A State shall also
collect and submit to the Attorney General the
information collected under subparagraph (B).
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘discretionary’ means that a sys-
tem of graduated sanctions is not required to be im-
posed by each and every juvenile court in a State or
unit of local government.
‘‘(2) The term ‘sanctions’ means tangible, pro-
portional consequences that hold the juvenile offender
accountable for the offense committed. A sanction may
include counseling, restitution, community service, a
fine, supervised probation, or confinement.
‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—In accordance with regula-
tions promulgated pursuant to this part and except
as provided in paragraph (3), the Attorney General
shall allocate—
‘‘(A) 0.25 percent for each State; and
‘‘(B) of the total funds remaining after the
allocation under subparagraph (A), to each
State, an amount which bears the same ratio to
the amount of remaining funds described in this
subparagraph as the population of people under
the age of 18 living in such State for the most
recent calendar year in which such data is avail-
able bears to the population of people under the
age of 18 of all the States for such fiscal year.
‘‘(2) PROHIBITION.—No funds allocated to a
State under this subsection or received by a State for
distribution under subsection (b) may be distributed
by the Attorney General or by the State involved for
any program other than a program contained in an
approved application.
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State which receives funds under sub-
section (a)(1) in a fiscal year shall distribute among
units of local government, for the purposes specified
in section 1801, not less than 75 percent of such
amounts received.
‘‘(2) WAIVER.—If a State submits to the Attor-
ney General an application for waiver that dem-
onstrates and certifies to the Attorney General that—
‘‘(A) the State’s juvenile justice expenditures
in the fiscal year preceding the date in which an
application is submitted under this part (the
‘State percentage’) is more than 25 percent of the
aggregate amount of juvenile justice expenditures
by the State and its eligible units of local gov-
ernment; and
‘‘(B) the State has consulted with as many
units of local government in such State, or orga-
nizations representing such units, as practicable
regarding the State’s calculation of expenditures
under subparagraph (A), the State’s application
for waiver under this paragraph, and the State’s
proposed uses of funds,
the percentage referred to in paragraph (1) shall
equal the percentage determined by subtracting the
State percentage from 100 percent.
‘‘(3) ALLOCATION.—In making the distribution
under paragraph (1), the State shall allocate to such
units of local government an amount which bears the
same ratio to the aggregate amount of such funds
as—
‘‘(A) the sum of—
‘‘(i) the product of—
‘‘(I) three-quarters; multiplied by
‘‘(II) the average juvenile justice
expenditure for such unit of local gov-
ernment for the 3 most recent calendar
years for which such data is available;
plus
‘‘(ii) the product of—
‘‘(I) one-quarter; multiplied by
‘‘(II) the average annual number
of part 1 violent crimes in such unit of
local government for the 3 most recent
calendar years for which such data is
available, bears to—
‘‘(B) the sum of the products determined
under subparagraph (A) for all such units of
local government in the State.
‘‘(4) EXPENDITURES.—The allocation any unit
of local government shall receive under paragraph (3)
for a payment period shall not exceed 100 percent of
juvenile justice expenditures of the unit for such pay-
ment period.
‘‘(5) REALLOCATION.—The amount of any unit
of local government’s allocation that is not available
to such unit by operation of paragraph (4) shall be
available to other units of local government that are
not affected by such operation in accordance with this
subsection.
‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF LOCAL
GOVERNMENT.—If the State has reason to believe that the
reported rate of part 1 violent crimes or juvenile justice ex-
penditures for a unit of local government is insufficient or
inaccurate, the State shall—
‘‘(1) investigate the methodology used by the unit
to determine the accuracy of the submitted data; and
‘‘(2) if necessary, use the best available com-
parable data regarding the number of violent crimes
or juvenile justice expenditures for the relevant years
for the unit of local government.
‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS
THAN $10,000.—If under this section a unit of local govern-
ment is allocated less than $10,000 for a payment period,
the amount allotted shall be expended by the State on serv-
ices to units of local government whose allotment is less
than such amount in a manner consistent with this part.
‘‘(e) DIRECT
GRANTS
TO
SPECIALLY
QUALIFIED
UNITS.—
‘‘(1) IN GENERAL.—If a State does not qualify or
apply for funds reserved for allocation under sub-
section (a) by the application deadline established by
the Attorney General, the Attorney General shall re-
serve not more than 75 percent of the allocation that
the State would have received under subsection (a) for
such fiscal year to provide grants to specially quali-
fied units which meet the requirements for funding
under section 1802.
‘‘(2) AWARD BASIS.—In addition to the quali-
fication requirements for direct grants for specially
qualified units the Attorney General may use the av-
erage amount allocated by the States to units of local
government as a basis for awarding grants under this
section.
‘‘SEC. 1804. GUIDELINES.
‘‘(a) IN GENERAL.—The Attorney General shall issue
guidelines establishing procedures under which a State or
unit of local government that receives funds under section
1803 is required to provide notice to the Attorney General
regarding the proposed use of funds made available under
this part.
‘‘(b) ADVISORY BOARD.—The guidelines referred to in
subsection (a) shall include a requirement that such eligible
State or unit of local government establish and convene an
advisory board to review the proposed uses of such funds.
The 
board 
shall 
include 
representation 
from, 
if
appropriate—
‘‘(1) the State or local police department;
‘‘(2) the local sheriff’s department;
‘‘(3) the State or local prosecutor’s office;
‘‘(4) the State or local juvenile court;
‘‘(5) the State or local probation officer;
‘‘(6) the State or local educational agency;
‘‘(7) a State or local social service agency;
‘‘(8) a nonprofit, nongovernmental victim advo-
cacy organization; and
‘‘(9) a nonprofit, religious, or community group.
‘‘SEC. 1805. PAYMENT REQUIREMENTS.
‘‘(a) TIMING OF PAYMENTS.—The Attorney General
shall pay to each State or unit of local government that
receives funds under section 1803 that has submitted an ap-
plication under this part not later than—
‘‘(1) 180 days after the date that the amount is
available, or
‘‘(2) the first day of the payment period if the
State has provided the Attorney General with the as-
surances required by subsection (c),
whichever is later.
‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT
REQUIRED.—From amounts
awarded under this part, a State or specially quali-
fied unit shall repay to the Attorney General, before
the expiration of the 36-month period beginning on
the date of the award, any amount that is not ex-
pended by such State or unit.
‘‘(2) EXTENSION.—The Attorney General may
adopt policies and procedures providing for a one-
time extension, by not more than 12 months, of the
period referred to in paragraph (1).
‘‘(3) PENALTY FOR FAILURE TO REPAY.—If the
amount required to be repaid is not repaid, the Attor-
ney General shall reduce payment in future payment
periods accordingly.
‘‘(4) DEPOSIT OF AMOUNTS REPAID.—Amounts
received by the Attorney General as repayments under
this subsection shall be deposited in a designated fund
for future payments to States and specially qualified
units.
‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of local
government that receives funds under this part may use not
more than 5 percent of such funds to pay for administrative
costs.
‘‘(d) NONSUPPLANTING REQUIREMENT.—Funds made
available under this part to States and units of local gov-
ernment shall not be used to supplant State or local funds
as the case may be, but shall be used to increase the amount
of funds that would, in the absence of funds made available
under this part, be made available from State or local
sources, as the case may be.
‘‘(e) MATCHING FUNDS.—
‘‘(1) IN GENERAL.—The Federal share of a grant
received under this part may not exceed 90 percent of
the total program costs.
‘‘(2) CONSTRUCTION
OF
FACILITIES.—Notwith-
standing paragraph (1), with respect to the cost of
constructing juvenile detention or correctional facili-
ties, the Federal share of a grant received under this
part may not exceed 50 percent of approved cost.
‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
‘‘Funds or a portion of funds allocated under this part
may be used by a State or unit of local government that
receives a grant under this part to contract with private,
nonprofit entities, or community-based organizations to
carry out the purposes specified under section 1801(b).
‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.
‘‘(a) IN GENERAL.—A State or specially qualified unit
that receives funds under this part shall—
‘‘(1) establish a trust fund in which the govern-
ment will deposit all payments received under this
part;
‘‘(2) use amounts in the trust fund (including
interest) during the period specified in section
1805(b)(1) and any extension of that period under
section 1805(b)(2);
‘‘(3) designate an official of the State or spe-
cially qualified unit to submit reports as the Attorney
General reasonably requires, in addition to the an-
nual reports required under this part; and
‘‘(4) spend the funds only for the purposes under
section 1801(b).
‘‘(b) TITLE I PROVISIONS.—Except as otherwise pro-
vided, the administrative provisions of part H shall apply
to this part and for purposes of this section any reference
in such provisions to title I shall be deemed to include a
reference to this part.
‘‘SEC. 1808. ASSESSMENT REPORTS.
‘‘(a) REPORTS TO ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), for each fiscal year for which a grant or
subgrant is awarded under this part, each State or
unit of local government that receives such a grant or
subgrant shall submit to the Attorney General a re-
port, at such time and in such manner as the Attor-
ney General may reasonably require, which report
shall include—
‘‘(A) a summary of the activities carried
out with such grant or subgrant; and
‘‘(B) an assessment of the effectiveness of
such activities on achieving the purposes of this
part.
‘‘(2) WAIVERS.—The Attorney General may
waive the requirement of an assessment in paragraph
(1)(B) for a State or unit of local government if the
Attorney General determines that—
‘‘(A) the nature of the activities are such
that assessing their effectiveness would not be
practical or insightful;