§5653. Research, demonstration, and evaluation functions of Institute

(a) The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention, is authorized to-

(1) conduct, encourage, and coordinate research and evaluation into any aspect of juvenile delinquency, particularly with regard to new programs and methods which seek to strengthen and preserve families or which show promise of making a contribution toward the prevention and treatment of juvenile delinquency;

(2) encourage the development of demonstration projects in new, innovative techniques and methods to prevent and treat juvenile delinquency;

(3) establish or expand programs that, in recognition of varying degrees of the seriousness of delinquent behavior and the corresponding gradations in the responses of the juvenile justice system in response to that behavior, are designed to-

(i) encourage courts to develop and implement a continuum of post-adjudication restraints that bridge the gap between traditional probation and confinement in a correctional setting (including expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, electronic monitoring, boot camps and similar programs, and secure community-based treatment facilities linked to other support services such as health, mental health, education (remedial and special), job training, and recreation); and

(ii) assist in the provision by the Administrator of information and technical assistance, including technology transfer, to States in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior;

(4) Encourage ¹ the development of programs which, in addition to helping youth take responsibility for their behavior, take into consideration life experiences which may have contributed to their delinquency when developing intervention and treatment programs;

(5) ² encourage the development and establishment of programs to enhance the States' ability to identify chronic serious and violent juvenile offenders who commit crimes such as rape, murder, firearms offenses, gang-related crimes, violent felonies, and serious drug offenses;

(5) ² provide for the evaluation of all juvenile delinquency programs assisted under this subchapter in order to determine the results and the effectiveness of such programs;

(6) provide for the evaluation of any other Federal, State, or local juvenile delinquency program;

(7) prepare, in cooperation with educational institutions, with Federal, State, and local agencies, and with appropriate individuals and private agencies, such studies as it considers to be necessary with respect to the prevention and treatment of juvenile delinquency and the improvement of the juvenile justice system, including-

(A) recommendations designed to promote effective prevention and treatment, particularly by strengthening and maintaining the family unit;

(B) assessments regarding the role of family violence, sexual abuse or exploitation, media violence, the improper handling of youth placed in one State by another State, the effectiveness of family-centered treatment programs, special education, remedial education, and recreation, and the extent to which youth in the juvenile system are treated differently on the basis of sex, race, or family income and the ramifications of such treatment;

(C) examinations of the treatment of juveniles processed in the criminal justice system; and

(D) recommendations as to effective means for detering ³ involvement in illegal activities or promoting involvement in lawful activities (including the productive use of discretionary time through organized recreational ⁴ on the part of gangs whose membership is substantially composed of juveniles;

(8) disseminate the results of such evaluations and research and demonstration activities particularly to persons actively working in the field of juvenile delinquency;

(9) disseminate pertinent data and studies to individuals, agencies, and organizations concerned with the prevention and treatment of juvenile delinquency;

(10) develop and support model State legislation consistent with the mandates of this subchapter and the standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention before October 12, 1984;

(11) support research relating to reducing the excessive proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups; and ⁵

(12) support independent and collaborative research, research training, and consultation on social, psychological, educational, economic, and legal issues affecting children and families;

(13) support research related to achieving a better understanding of the commission of hate crimes by juveniles and designed to identify educational programs best suited to prevent and reduce the incidence of hate crimes committed by juveniles; and

(14) routinely collect, analyze, compile, publish, and disseminate uniform national statistics concerning-

(A) all aspects of juveniles as victims and offenders;

(B) the processing and treatment, in the juvenile justice system, of juveniles who are status offenders, delinquent, neglected, or abused; and

(C) the processing and treatment of such juveniles who are treated as adults for purposes of the criminal justice system.

(b) The Administrator shall make available to the public-

(1) the results of evaluations and research and demonstration activities referred to in subsection (a)(8) of this section; and

(2) the data and studies referred to in subsection (a)(9) of this section;

that the Administrator is authorized to disseminate under subsection (a) of this section.

( Pub. L. 93–415, title II, §243, Sept. 7, 1974, 88 Stat. 1126 ; Pub. L. 95–115, §§3(a)(3)(B), 5(b), Oct. 3, 1977, 91 Stat. 1048 , 1057; Pub. L. 98–473, title II, §632, Oct. 12, 1984, 98 Stat. 2118 ; Pub. L. 100–690, title VII, §7261, Nov. 18, 1988, 102 Stat. 4442 ; Pub. L. 102–586, §2(g)(3), Nov. 4, 1992, 106 Stat. 4995 .)

Amendments

1992-Pub. L. 102–586, §2(g)(3)(A), designated existing provisions as subsec. (a).

Subsec. (a)(1). Pub. L. 102–586, §2(g)(3)(B), substituted "preserve families" for "maintain the family unit".

Subsec. (a)(3), (4). Pub. L. 102–586, §2(g)(3)(D), added pars. (3) and (4). Former pars. (3) and (4) redesignated (5) and (6), respectively.

Subsec. (a)(5). Pub. L. 102–586, §2(g)(3)(D), added par. (5) relating to enhancement of States' ability to identify chronic serious and violent juvenile offenders who commit crimes.

Pub. L. 102–586, §2(g)(3)(C), redesignated par. (3), relating to evaluation of juvenile delinquency programs, as (5). Former par. (5) redesignated (7).

Subsec. (a)(6). Pub. L. 102–586, §2(g)(3)(C), redesignated par. (4) as (6). Former par. (6) redesignated (8).

Subsec. (a)(7). Pub. L. 102–586, §2(g)(3)(C), (E), redesignated par. (5) as (7) and in subpar. (D) inserted "(including the productive use of discretionary time through organized recreational". Former par. (7) redesignated (9).

Subsec. (a)(8) to (11). Pub. L. 102–586, §2(g)(3)(C), redesignated pars. (6) to (9) as (8) to (11), respectively.

Subsec. (a)(12) to (14). Pub. L. 102–586, §2(g)(3)(F)–(H), added pars. (12) to (14).

Subsec. (b). Pub. L. 102–586, §2(g)(3)(H), added subsec. (b).

1988-Pub. L. 100–690, §7261(1), substituted "Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention," for "National Institute for Juvenile Justice and Delinquency Prevention".

Par. (4). Pub. L. 100–690, §7261(2), struck out ", upon the request of the Deputy Administrator" after "program".

Par. (5). Pub. L. 100–690, §7261(3), substituted in introductory provisions "the improvement of the juvenile justice system" for "related matters", struck out "and" at end of subpar. (A), substituted "effectiveness of family-centered treatment programs" for "possible ameliorating roles of familial relationships" in subpar. (B), and substituted semicolon for period in subpar. (D).

Pars. (8), (9). Pub. L. 100–690, §7261(4)–(6), added pars. (8) and (9).

1984-Par. (1). Pub. L. 98–473, §632(1), inserted "which seek to strengthen and maintain the family unit or".

Par. (4). Pub. L. 98–473, §632(2), substituted "Deputy" for "Associate".

Par. (5). Pub. L. 98–473, §632(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "prepare, in cooperation with educational institutions, Federal, State, and local agencies, and appropriate individuals and private agencies, such studies as it considers to be necessary with respect to the prevention and treatment of juvenile delinquency and related matters, including recommendations designed to promote effective prevention and treatment, such as assessments regarding the role of family violence, sexual abuse or exploitation and media violence in delinquency, the improper handling of youth placed in one State by another State, the possible ameliorating roles of recreation and the arts, and the extent to which youth in the juvenile system are treated differently on the basis of sex and the ramifications of such practices;".

Par. (7). Pub. L. 98–473, §632(4), struck out "(including a periodic journal)" before "to individuals".

1977-Par. (4). Pub. L. 95–115, §3(a)(3)(B), inserted "Associate" before "Administrator".

Par. (5). Pub. L. 95–115, §5(b), inserted provisions relating to assessments regarding the role of family violence, etc.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 5601 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 670(a) of Pub. L. 98–473, set out as a note under section 5601 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93–415, as added by Pub. L. 95–115, set out as a note under section 5601 of this title.

Model Juvenile Handgun Legislation

Pub. L. 103–322, title XI, §110201(e), Sept. 13, 1994, 108 Stat. 2012 , provided that: "The Attorney General, acting through the Director of the National Institute for Juvenile Justice and Delinquency Prevention, shall-

"(1) evaluate existing and proposed juvenile handgun legislation in each State;

"(2) develop model juvenile handgun legislation that is constitutional and enforceable;

"(3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and

"(4) report to Congress by December 31, 1995, findings and recommendations concerning the need or appropriateness of further action by the Federal Government."

¹ So in original. Probably should not be capitalized.

² So in original. Two pars. (5) have been enacted.

³ So in original. Probably should be "deterring".

⁴ So in original. Probably should be "recreational activities)".

⁵ So in original. The word "and" probably should not appear.