Part C—National Programs
Amendments
1988—
Part Referred to in Other Sections
This part is referred to in
subpart i—national institute for juvenile justice and delinquency prevention
Amendments
1988—
§5651. Establishment of National Institute for Juvenile Justice and Delinquency Prevention
(a) Establishment
There is hereby established within the Juvenile Justice and Delinquency Prevention Office a National Institute for Juvenile Justice and Delinquency Prevention.
(b) Deputy Administrator as head; Administrator to supervise and direct
The National Institute for Juvenile Justice and Delinquency Prevention shall be under the supervision and direction of the Administrator.
(c) Coordination of activities with National Institute of Justice
The activities of the National Institute for Juvenile Justice and Delinquency Prevention shall be coordinated with the activities of the National Institute of Justice in accordance with the requirements of
(d) Purpose of Institute
It shall be the purpose of the Institute to provide—
(1) a coordinating center for the collection, preparation, and dissemination of useful data regarding the prevention, treatment, and control of juvenile delinquency; and
(2) appropriate training (including training designed to strengthen and maintain the family unit) for representatives of Federal, State, local law enforcement officers, teachers and special education personnel 1 recreation and park personnel,,2 family counselors, child welfare workers, juvenile judges and judicial personnel, probation personnel, prosecutors and defense attorneys, correctional personnel (including volunteer lay personnel), persons associated with law-related education, youth workers, and representatives of private agencies and organizations with specific experience in the prevention, treatment, and control of juvenile delinquency.
(e) Additional powers
In addition to the other powers, express and implied, the Institute may—
(1) request any Federal agency to supply such statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions;
(2) arrange with and reimburse the heads of Federal agencies for the use of personnel or facilities or equipment of such agencies;
(3) confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other public or private local agencies;
(4) make grants and enter into contracts with public or private agencies, organizations, or individuals, for the partial performance of any functions of the Institute;
(5) compensate consultants and members of technical advisory councils who are not in the regular full-time employ of the United States, at a rate now or hereafter payable under
(6) assist, through training, the advisory groups established pursuant to
(f) National conference of member representatives from State advisory groups
(1) The Administrator, acting through the Institute, shall provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under
(2) To be eligible to receive such assistance, such organization shall agree to carry out activities that include—
(A) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups;
(B) disseminating information, data, standards, advanced techniques, and program models developed through the Institute and through programs funded under
(C) reviewing Federal policies regarding juvenile justice and delinquency prevention;
(D) advising the Administrator with respect to particular functions or aspects of the work of the Office; and
(E) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention.
(g) Cooperation of other Federal agencies
Any Federal agency which receives a request from the Institute under subsection (e)(1) of this section may cooperate with the Institute and shall, to the maximum extent practicable, consult with and furnish information and advice to the Institute.
(
Amendments
1992—Subsec. (d)(2).
Subsec. (e)(5).
Subsec. (e)(6).
1988—Subsec. (b).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(2)(B).
Subsec. (f)(2)(C) to (E).
Subsec. (h).
1984—Subsec. (b).
Subsec. (d).
Subsecs. (f), (g).
Subsec. (h).
1980—Subsec. (b).
Subsec. (c).
1977—Subsec. (b).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§5652. Information function of Institute
The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention, shall—
(1) on a continuing basis, review reports, data, and standards relating to the juvenile justice system in the United States;
(2) serve as an information bank by collecting systematically and synthesizing the data and knowledge obtained from studies and research by public and private agencies, institutions, or individuals concerning all aspects of juvenile delinquency, including the prevention and treatment of juvenile delinquency; and
(3) serve as a clearinghouse and information center for the preparation, publication, and dissemination of all information regarding juvenile delinquency, including State and local juvenile delinquency prevention and treatment programs (including drug and alcohol programs and gender-specific programs) and plans, availability of resources, training and educational programs, statistics, and other pertinent data and information.
(
Amendments
1992—Par. (3).
1988—
Effective Date of 1988 Amendment
Amendment by
§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.
(
Amendments
1992—
Subsec. (a)(1).
Subsec. (a)(3), (4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8) to (11).
Subsec. (a)(12) to (14).
Subsec. (b).
1988—
Par. (4).
Par. (5).
Pars. (8), (9).
1984—Par. (1).
Par. (4).
Par. (5).
Par. (7).
1977—Par. (4).
Par. (5).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Model Juvenile Handgun Legislation
"(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.
§5654. Technical assistance and training functions
The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention 1 is authorized to—
(1) provide technical assistance and training assistance to Federal, State, and local governments and to courts, public and private agencies, institutions, and individuals in the planning, establishment, funding, operation, and evaluation of juvenile delinquency programs;
(2) develop, conduct, and provide for training programs for the training of professional, paraprofessional, and volunteer personnel, and other persons who are working with or preparing to work with juveniles, juvenile offenders (including juveniles who commit hate crimes), and their families;
(3) develop, conduct, and provide for seminars, workshops, and training programs in the latest proven effective techniques and methods of preventing and treating juvenile delinquency for law enforcement officers, juvenile judges 1 prosecutors and defense attorneys,,2 and other court personnel, probation officers, correctional personnel, and other Federal, State, and local government personnel who are engaged in work relating to juvenile delinquency;
(4) develop technical training teams to aid in the development of training programs in the States and to assist State and local agencies which work directly with juveniles and juvenile offenders; and
(5) provide technical assistance and training to assist States and units of local government to adopt the model standards issued under
(
Amendments
1998—Par. (5).
1992—Par. (2).
Par. (3).
Par. (5).
1988—
Par. (1).
Par. (2).
Par. (3).
1984—Par. (1).
Par. (2).
Par. (3).
1980—Par. (3).
1977—Par. (3).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
1 So in original. Probably should be followed by a comma.
§5655. Repealed. Pub. L. 98–473, title II, §634, Oct. 12, 1984, 98 Stat. 2119
Section,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 670(a) of
§§5656, 5657. Repealed. Pub. L. 100–690, title VII, §7263(a)(2)(C), Nov. 18, 1988, 102 Stat. 4443
Section 5656,
Section 5657,
Effective Date of Repeal
Repeal effective Oct. 1, 1988, see section 7296(a) of
§5658. Repealed. Pub. L. 95–115, §5(e)(1), Oct. 3, 1977, 91 Stat. 1057
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1977, see section 263(c) of
§5659. Training program; establishment; purpose; utilization of State and local facilities, personnel, etc.; enrollees
(a) The Administrator shall establish within the Institute a training program designed to train enrollees with respect to methods and techniques for the prevention and treatment of juvenile delinquency, including methods and techniques specifically designed to prevent and reduce the incidence of hate crimes committed by juveniles. In carrying out this program the Administrator is authorized to make use of available State and local services, equipment, personnel, facilities, and the like.
(b) Enrollees in the training program established under this section shall be drawn from law enforcement and correctional personnel (including volunteer lay personnel), teachers and special education personnel, family counselors, child welfare workers, juvenile judges and judicial personnel, persons associated with law-related education, youth workers, and representatives of private agencies and organizations with specific experience in the prevention and treatment of juvenile delinquency.
(
Prior Provisions
A prior section 245 of
Another prior section 245 of
Amendments
1992—Subsec. (a).
1984—Subsec. (b).
1980—Subsec. (a).
1977—Subsec. (a).
Subsec. (b).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5660. Curriculum for training program
The Administrator shall design and supervise a curriculum for the training program established by
(
Prior Provisions
A prior section 246 of
Another prior section 246 of
Amendments
1992—
1988—
1980—
1977—
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
§5661. Participation in training program and State advisory group conferences
(a) Application
Any person seeking to enroll in the training program established under
(b) Admittance; determination by Secretary
The Administrator shall make the final determination with respect to the admittance of any person to the training program. The Administrator, in making such determination, shall seek to assure that persons admitted to the training program are broadly representative of the categories described in
(c) Travel expenses and per diem allowance
While participating as a trainee in the program established under
(
Prior Provisions
A prior section 247 of
Another prior section 247 of
Amendments
1988—
1984—Subsec. (c).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
1977—Subsec. (a).
Subsec. (b).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
§5662. Special studies and reports
(a) Pursuant to 1988 amendments
(1) Not later than 1 year after November 18, 1988, the Administrator shall begin to conduct a study with respect to the juvenile justice system—
(A) to review—
(i) conditions in detention and correctional facilities for juveniles; and
(ii) the extent to which such facilities meet recognized national professional standards; and
(B) to make recommendations to improve conditions in such facilities.
(2)(A) Not later than 1 year after November 18, 1988, the Administrator shall begin to conduct a study to determine—
(i) how juveniles who are American Indians and Alaskan Natives and who are accused of committing offenses on and near Indian reservations and Alaskan Native villages, respectively, are treated under the systems of justice administered by Indian tribes and Alaskan Native organizations, respectively, that perform law enforcement functions;
(ii) the amount of financial resources (including financial assistance provided by governmental entities) available to Indian tribes and Alaskan Native organizations that perform law enforcement functions, to support community-based alternatives to incarcerating juveniles; and
(iii) the extent to which such tribes and organizations comply with the requirements specified in paragraphs (12)(A), (13), and (14) of
(B)(i) for 1 purposes of
(ii) for 1 purposes of
(3) Not later than 3 years after November 18, 1988, the Administrator shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under paragraph (1) or (2), as the case may be.
(b) Pursuant to 1992 amendments
(1) Not later than 1 year after November 4, 1992, the Comptroller General shall—
(A) conduct a study with respect to juveniles waived to adult court that reviews—
(i) the frequency and extent to which juveniles have been transferred, certified, or waived to criminal court for prosecution during the 5-year period ending December 1992;
(ii) conditions of confinement in adult detention and correctional facilities for juveniles waived to adult court; and
(iii) sentencing patterns, comparing juveniles waived to adult court with juveniles who have committed similar offenses but have not been waived; and
(B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report (including a compilation of State waiver statutes) on the findings made in the study and recommendations to improve conditions for juveniles waived to adult court.
(2) Not later than 1 year after November 4, 1992, the Comptroller General shall—
(A) conduct a study with respect to admissions of juveniles for behavior disorders to private psychiatric hospitals, and to other residential and nonresidential programs that serve juveniles admitted for behavior disorders, that reviews—
(i) the frequency with which juveniles have been admitted to such hospitals and programs during the 5-year period ending December 1992; and
(ii) conditions of confinement, the average length of stay, and methods of payment for the residential care of such juveniles; and
(B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve procedural protections and conditions for juveniles with behavior disorders admitted to such hospitals and programs.
(3) Not later than 1 year after November 4, 1992, the Comptroller General shall—
(A) conduct a study of gender bias within State juvenile justice systems that reviews—
(i) the frequency with which females have been detained for status offenses (such as frequently running away, truancy, and sexual activity), as compared with the frequency with which males have been detained for such offenses during the 5-year period ending December 1992; and
(ii) the appropriateness of the placement and conditions of confinement for females; and
(B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to combat gender bias in juvenile justice and provide appropriate services for females who enter the juvenile justice system.
(4) Not later than 1 year after November 4, 1992, the Comptroller General shall—
(A) conduct a study of the Native American pass-through grant program authorized under
(B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve the Native American pass-through grant program.
(5) Not later than 1 year after November 4, 1992, the Comptroller General shall—
(A) conduct a study of access to counsel in juvenile court proceedings that reviews—
(i) the frequency with which and the extent to which juveniles in juvenile court proceedings either have waived counsel or have obtained access to counsel during the 5-year period ending December 1992; and
(ii) a comparison of access to and the quality of counsel afforded juveniles charged in adult court proceedings with those of juveniles charged in juvenile court proceedings; and
(B) submit to Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve access to counsel for juveniles in juvenile court proceedings.
(6)(A) Not later than 180 days after November 4, 1992, the Administrator shall begin to conduct a study and continue any pending study of the incidence of violence committed by or against juveniles in urban and rural areas in the United States.
(B) The urban areas shall include—
(i) the District of Columbia;
(ii) Los Angeles, California;
(iii) Milwaukee, Wisconsin;
(iv) Denver, Colorado;
(v) Pittsburgh, Pennsylvania;
(vi) Rochester, New York; and
(vii) such other cities as the Administrator determines to be appropriate.
(C) At least one rural area shall be included.
(D) With respect to each urban and rural area included in the study, the objectives of the study shall be—
(i) to identify characteristics and patterns of behavior of juveniles who are at risk of becoming violent or victims of homicide;
(ii) to identify factors particularly indigenous to such area that contribute to violence committed by or against juveniles;
(iii) to determine the accessibility of firearms, and the use of firearms by or against juveniles;
(iv) to determine the conditions that cause any increase in violence committed by or against juveniles;
(v) to identify existing and new diversion, prevention, and control programs to ameliorate such conditions;
(vi) to improve current systems to prevent and control violence by or against juveniles; and
(vii) to develop a plan to assist State and local governments to establish viable ways to reduce homicide committed by or against juveniles.
(E) Not later than 3 years after November 4, 1992, the Administrator shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate detailing the results of the study addressing each objective specified in subparagraph (D).
(7)(A) Not later than 1 year after November 4, 1992, the Administrator shall—
(i) conduct a study described in subparagraph (B); and
(ii) submit to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate the results of the study.
(B) The study required by subparagraph (A) shall assess—
(i) the characteristics of juveniles who commit hate crimes, including a profile of such juveniles based on—
(I) the motives for committing hate crimes;
(II) the age, sex, race, ethnicity, education level, locality, and family income of such juveniles; and
(III) whether such juveniles are familiar with publications or organized groups that encourage the commission of hate crimes;
(ii) the characteristics of hate crimes committed by juveniles, including—
(I) the types of hate crimes committed;
(II) the frequency with which institutions and natural persons, separately determined, were the targets of such crimes;
(III) the number of persons who participated with juveniles in committing such crimes;
(IV) the types of law enforcement investigations conducted with respect to such crimes;
(V) the law enforcement proceedings commenced against juveniles for committing hate crimes; and
(VI) the penalties imposed on such juveniles as a result of such proceedings; and
(iii) the characteristics of the victims of hate crimes committed by juveniles, including—
(I) the age, sex, race, ethnicity, locality of the victims and their familiarity with the offender; and
(II) the motivation behind the attack.
(
Prior Provisions
A prior section 248 of
Another prior section 248 of
Another prior section 248 of
Amendments
1992—
Change of Name
Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of
Effective Date
Section effective Oct. 1, 1988, see section 7296(a) of
1 So in original. Probably should be capitalized.
subpart ii—special emphasis prevention and treatment programs
Amendments
1988—
Subpart Referred to in Other Sections
This subpart is referred to in
§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.
(
Prior Provisions
A prior section 261 of
Amendments
1992—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(5).
Subsec. (f).
Effective Date
Section effective Oct. 1, 1988, see section 7296(a) of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
2 So in original. Probably should be followed by a comma.
§5665a. Considerations for approval of applications
(a) In general
Any agency, institution, or individual desiring to receive a grant, or enter into a contract, under this part shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe.
(b) Contents of application
In accordance with guidelines established by the Administrator, each application for assistance under this part shall—
(1) set forth a program for carrying out one or more of the purposes set forth in this part and specifically identify each such purpose such program is designed to carry out;
(2) provide that such program shall be administered by or under the supervision of the applicant;
(3) provide for the proper and efficient administration of such program;
(4) provide for regular evaluation of such program;
(5) certify that the applicant has requested the State planning agency and local agency designated in
(6) attach a copy of the responses of such State planning agency and local agency to such request;
(7) provide that regular reports on such program shall be sent to the Administrator and to such State planning agency and local agency; and
(8) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter.
(c) Factors considered
In determining whether or not to approve applications for grants and for contracts under this part, the Administrator shall consider—
(1) the relative cost and effectiveness of the proposed program in carrying out this part;
(2) the extent to which such program will incorporate new or innovative techniques;
(3) if a State plan has been approved by the Administrator under
(4) the increase in capacity of the public and private agency, institution, or individual involved to provide services to address juvenile delinquency and juvenile delinquency prevention;
(5) the extent to which such program serves communities which have high rates of juvenile unemployment, school dropout, and delinquency; and
(6) the adverse impact that may result from the restriction of eligibility, based upon population, for cities with a population greater than 40,000 located within States which have no city with a population over 250,000.
(d) Competitive selection process; review of proposed programs; expedited consideration of proposed programs
(1)(A) Programs selected for assistance through grants or contracts under this part (other than
(i) the availability of funds for such assistance;
(ii) the general criteria applicable to the selection of applicants to receive such assistance; and
(iii) a description of the procedures applicable to submitting and reviewing applications for such assistance.
(B) The competitive process described in subparagraph (A) shall not be required if the Administrator makes a written determination waiving the competitive process—
(i) with respect to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(ii) with respect to a particular program described in this part that is uniquely qualified.
(2)(A) Programs selected for assistance through grants or contracts under this part (other than
(B) Such process shall be established by the Administrator in consultation with the Directors and other appropriate officials of the National Science Foundation and the National Institute of Mental Health. Before implementation of such process, the Administrator shall submit such process to such Directors, each of whom shall prepare and furnish to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate a final report containing their comments on such process as proposed to be established.
(3) The Administrator, in establishing the processes required under paragraphs (1) and (2), shall provide for emergency expedited consideration of the proposed programs if necessary to avoid any delay which would preclude carrying out such programs.
(e) City population not basis for denial
A city shall not be denied assistance under this part solely on the basis of its population.
(f) Transmission of notification to Committee chairmen
Notification of grants and contracts made under this part (and the applications submitted for such grants and contracts) shall, upon being made, be transmitted by the Administrator,1 to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate.
(
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1)(B)(i), is
Prior Provisions
A prior section 262 of
Amendments
1992—Subsec. (d)(1)(B).
"(i)(I) the proposed program is not within the scope of any announcement issued, or expected to be issued, by the Administrator regarding the availability of funds to carry out programs under this part, but can be supported by a grant or contract in accordance with this part; and
"(II) such program is of such outstanding merit, as determined through peer review conducted under paragraph (2), that the award of a grant or contract without competition is justified; or
"(ii) the applicant is uniquely qualified to provide proposed training services as provided in
Subsec. (d)(1)(C).
Change of Name
Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of
Effective Date
Section effective Oct. 1, 1988, see section 7296(a) of
Section Referred to in Other Sections
This section is referred to in