§5665. Authority to make grants and contracts

(a) Purposes of grants and contracts

Except as provided in subsection (f) of this section, the Administrator shall, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals ¹ provide for each of the following during each fiscal year:

(1) Establishing or maintaining community-based alternatives (including home-based treatment programs) to traditional forms of institutionalization of juvenile offenders.

(2) Establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system, including restitution and reconciliation projects which test and validate selected arbitration models, such as neighborhood courts or panels, and increase victim satisfaction while providing alternatives to incarceration for detained or adjudicated delinquents.

(3) Establishing or supporting advocacy programs and services that encourage the improvement of due process available to juveniles in the juvenile justice system and the quality of legal representation for such juveniles.

(4) Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles affected by the juvenile justice system, including services that provide for the appointment of special advocates by courts for such juveniles.

(5) Developing or supporting model programs (including self-help programs for parents) to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency, including programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited-English speaking ability.

(6) Establishing or implementing special emphasis prevention and treatment programs relating to juveniles who commit serious crimes (including such crimes committed in schools), including programs designed to deter involvement in illegal activities or to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles.

(7) Developing or implementing further a coordinated, national law-related education program of-

(A) delinquency prevention in elementary and secondary schools, and other local sites;

(B) training for persons responsible for the implementation of law-related education programs; and

(C) disseminating information regarding model, innovative, law-related education programs to juvenile delinquency programs, including those that are community based, and to law enforcement and criminal justice agencies for activities related to juveniles,

that targets juveniles who have had contact with the juvenile justice system or who are likely to have contact with the system.

(8) Addressing efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population.

(9) Establishing or supporting programs designed to prevent and to reduce the incidence of hate crimes by juveniles, including-

(A) model educational programs that are designed to reduce the incidence of hate crimes by means such as-

(i) addressing the specific prejudicial attitude of each offender;

(ii) developing an awareness in the offender of the effect of the hate crime on the victim; and

(iii) educating the offender about the importance of tolerance in our society; and

(B) sentencing programs that are designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration.

(b) Development and implementation of new approaches, techniques, and methods

Except as provided in subsection (f) of this section, the Administrator is authorized, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, to develop and implement new approaches, techniques, and methods designed to-

(1) improve the capability of public and private agencies and organizations to provide services for delinquents and other juveniles to help prevent juvenile delinquency;

(2) develop and implement, in coordination with the Secretary of Education, model programs and methods to keep students in elementary and secondary schools, to assist in identifying learning difficulties (including learning disabilities), to prevent unwarranted and arbitrary suspensions and expulsions, and to encourage new approaches and techniques with respect to the prevention of school violence and vandalism;

(3) develop, implement, and support, in conjunction with the Secretary of Labor, other public and private agencies, organizations, business, and industry, programs for the employment of juveniles;

(4) develop and support programs designed to encourage and assist State legislatures to consider and establish policies consistent with this subchapter, both by amending State laws, if necessary, and devoting greater resources to effectuate such policies;

(5) develop and implement programs relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist law enforcement personnel ² community service personnel, and juvenile justice personnel to more effectively recognize and provide for learning-disabled and other handicapped juveniles;

(6) develop statewide programs through the use of subsidies or other financial incentives designed to-

(A) remove juveniles from jails and lockups for adults;

(B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or

(C) establish and adopt, based upon the recommendations of the National Advisory Committee for Juvenile Justice and Delinquency Prevention made before October 12, 1984, standards for the improvement of juvenile justice within each State involved; and

(7) develop and implement model programs, relating to the special education needs of delinquent and other juveniles, which develop locally coordinated policies and programs among education, juvenile justice, and social service agencies.

(c) Private nonprofit agencies, organizations, and institutions with experience in dealing with juveniles

Not less than 30 percent of the funds available for grants and contracts under this section shall be available for grants to and contracts with private nonprofit agencies, organizations, and institutions which have experience in dealing with juveniles.

(d) Female, minority, and disadvantaged juveniles

Assistance provided under this section shall be available on an equitable basis to deal with female, minority, and disadvantaged juveniles, including juveniles who are mentally, emotionally, or physically handicapped.

(e) Special needs and problems of juvenile delinquency in certain areas

Not less than 5 percent of the funds available for grants and contracts under this section shall be available for grants and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

(f) Grants or contracts to Department of Justice

The Administrator shall not make a grant or a contract under subsection (a) or (b) of this section to the Department of Justice or to any administrative unit or other entity that is part of the Department of Justice.

(Pub. L. 93–415, title II, §261, as added Pub. L. 100–690, title VII, §7263(a)(2)(F), Nov. 18, 1988, 102 Stat. 4443 ; amended Pub. L. 102–586, §2(g)(7), Nov. 4, 1992, 106 Stat. 5000 .)

Prior Provisions

A prior section 261 of Pub. L. 93–415 was renumbered section 299 and is classified to section 5671 of this title.

Amendments

1992-Subsec. (a). Pub. L. 102–586, §2(g)(7)(A)(i), substituted "Except as provided in subsection (f) of this section, the" for "The" in introductory provisions.

Subsec. (a)(1). Pub. L. 102–586, §2(g)(7)(A)(ii), inserted "(including home-based treatment programs)" after "programs".

Subsec. (a)(3). Pub. L. 102–586, §2(g)(7)(A)(iii), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles impacted by the juvenile justice system, including services which encourage the improvement of due process available to juveniles in the juvenile justice system, which improve the quality of legal representation of such juveniles, and which provide for the appointment of special advocates by courts for such juveniles."

Subsec. (a)(4). Pub. L. 102–586, §2(g)(7)(A)(v), added par. (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 102–586, §2(g)(7)(A)(vi), which directed amendment of par. (4), as redesignated by section 2(g)(7)(A)(iv) of Pub. L. 102–586, by inserting "(including self-help programs for parents)" after "programs" and by inserting ", including programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited-English speaking ability" before period at end, was executed by making the insertions in par. (5) to reflect the probable intent of Congress, because par. (4) was redesignated as par. (5) by section 2(g)(7)(A)(iv) and no par. was redesignated as par. (4) by Pub. L. 102–586. See below.

Pub. L. 102–586, §2(g)(7)(A)(iv), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 102–586, §2(g)(7)(A)(iv), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 102–586, §2(g)(7)(A)(iv), (vii), redesignated par. (6) as (7), substituted comma for period at end of subpar. (C), and inserted at end ", that targets juveniles who have had contact with the juvenile justice system or who are likely to have contact with the system.". Former par. (7) redesignated (8).

Subsec. (a)(8). Pub. L. 102–586, §2(g)(7)(A)(iv), redesignated par. (7) as (8).

Subsec. (a)(9). Pub. L. 102–586, §2(g)(7)(A)(viii), added par. (9).

Subsec. (b). Pub. L. 102–586, §2(g)(7)(C)(i), substituted "Except as provided in subsection (f) of this section, the" for "The" in introductory provisions.

Subsec. (b)(2). Pub. L. 102–586, §2(g)(7)(C)(ii), inserted "to assist in identifying learning difficulties (including learning disabilities)," after "schools,".

Subsec. (b)(5). Pub. L. 102–586, §2(g)(7)(B), which directed insertion of "community service personnel," after "law enforcement personnel,", was executed by making insertion after "law enforcement personnel" to reflect the probable intent of Congress because there was no comma following "law enforcement personnel".

Subsec. (f). Pub. L. 102–586, §2(g)(7)(D), added subsec. (f).

Effective Date

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

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Section Referred to in Other Sections

This section is referred to in sections 5651, 5671, 5674, 5675 of this title.

¹ So in original. Probably should be followed by a comma.

² So in original. Probably should be followed by a comma.