CHAPTER 111 —JUVENILE JUSTICE AND DELINQUENCY PREVENTION
SUBCHAPTER I—GENERALLY
SUBCHAPTER II—PROGRAMS AND OFFICES
Part A—Juvenile Justice and Delinquency Prevention Office
Part B—Charles Grassley Juvenile Justice and Delinquency Prevention Program
Part C—Juvenile Delinquency Prevention Block Grant Program
Part D—Research; Evaluation; Technical Assistance; Training
Part E—Developing, Testing, and Demonstrating Promising New Initiatives and Programs
Part F—General and Administrative Provisions
SUBCHAPTER III—RUNAWAY AND HOMELESS YOUTH
Part A—Basic Center Grant Program
Part B—Transitional Living Grant Program
Part C—National Communications System
Part D—Coordinating, Training, Research, and Other Activities
Part E—Sexual Abuse Prevention Program
Part F—General Provisions
SUBCHAPTER IV—MISSING CHILDREN
SUBCHAPTER V—INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SUBCHAPTER VI—AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND OVERSIGHT
SUBCHAPTER I—GENERALLY
§11101. Findings
(a) The Congress finds the following:
(1) Although the juvenile violent crime arrest rate in 1999 was the lowest in the decade, there remains a consensus that the number of crimes and the rate of offending by juveniles nationwide is still too high.
(2) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually.
(3) One in every 6 individuals (16.2 percent) arrested for committing violent crime in 1999 was less than 18 years of age. In 1999, juveniles accounted for 9 percent of murder arrests, 17 percent of forcible rape arrests, 25 percent of robbery arrest, 14 percent of aggravated assault arrests, and 24 percent of weapons arrests.
(4) More than ½ of juvenile murder victims are killed with firearms. Of the nearly 1,800 murder victims less than 18 years of age, 17 percent of the victims less than 13 years of age were murdered with a firearm, and 81 percent of the victims 13 years of age or older were killed with a firearm.
(5) Juveniles accounted for 13 percent of all drug abuse violation arrests in 1999. Between 1990 and 1999, juvenile arrests for drug abuse violations rose 132 percent.
(6) Over the last 3 decades, youth gang problems have increased nationwide. In the 1970's, 19 States reported youth gang problems. By the late 1990's, all 50 States and the District of Columbia reported gang problems. For the same period, the number of cities reporting youth gang problems grew 843 percent, and the number of counties reporting gang problems increased more than 1,000 percent.
(7) According to a national crime survey of individuals 12 years of age or older during 1999, those 12 to 19 years old are victims of violent crime at higher rates than individuals in all other age groups. Only 30.8 percent of these violent victimizations were reported by youth to police in 1999.
(8) One-fifth of juveniles 16 years of age who had been arrested were first arrested before attaining 12 years of age. Juveniles who are known to the juvenile justice system before attaining 13 years of age are responsible for a disproportionate share of serious crimes and violence.
(9) The increase in the arrest rates for girls and young juvenile offenders has changed the composition of violent offenders entering the juvenile justice system.
(10) These problems should be addressed through a 2-track common sense approach that addresses the needs of individual juveniles and society at large by promoting—
(A) quality prevention programs that—
(i) work with juveniles, their families, local public agencies, and community-based organizations, and take into consideration such factors as whether or not juveniles have been the victims of family violence (including child abuse and neglect); and
(ii) are designed to reduce risks and develop competencies in at-risk juveniles that will prevent, and reduce the rate of, violent delinquent behavior; and
(B) programs that assist in holding juveniles accountable for their actions and in developing the competencies necessary to become responsible and productive members of their communities, including a system of graduated sanctions to respond to each delinquent act, requiring juveniles to make restitution, or perform community service, for the damage caused by their delinquent acts, and methods for increasing victim satisfaction with respect to the penalties imposed on juveniles for their acts.
(11) Coordinated juvenile justice and delinquency prevention projects that meet the needs of juveniles through the collaboration of the many local service systems juveniles encounter can help prevent juveniles from becoming delinquent and help delinquent youth return to a productive life.
(b) Congress must act now to reform this program by focusing on juvenile delinquency prevention programs, as well as programs that hold juveniles accountable for their acts and which provide opportunities for competency development. Without true reform, the juvenile justice system will not be able to overcome the challenges it will face in the coming years when the number of juveniles is expected to increase by 18 percent between 2000 and 2030.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2002—
"(a) The Congress hereby finds that—
"(1) juveniles accounted for almost half the arrests for serious crimes in the United States in 1974 and for less than one-third of such arrests in 1983;
"(2) recent trends show an upsurge in arrests of adolescents for murder, assault, and weapon use;
"(3) the small number of youth who commit the most serious and violent offenses are becoming more violent;
"(4) understaffed, overcrowded juvenile courts, prosecutorial and public defender offices, probation services, and correctional facilities and inadequately trained staff in such courts, services, and facilities are not able to provide individualized justice or effective help;
"(5) present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs of children, who, because of this failure to provide effective services, may become delinquents;
"(6) existing programs have not adequately responded to the particular problems of the increasing numbers of young people who are addicted to or who abuse alcohol and other drugs, particularly nonopiate or polydrug abusers;
"(7) juvenile delinquency can be reduced through programs designed to keep students in elementary and secondary schools through the prevention of unwarranted and arbitrary suspensions and expulsions;
"(8) States and local communities which experience directly the devastating failures of the juvenile justice system do not presently have sufficient technical expertise or adequate resources to deal comprehensively with the problems of juvenile delinquency;
"(9) existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency;
"(10) the juvenile justice system should give additional attention to the problem of juveniles who commit serious crimes, with particular attention given to the areas of sentencing, providing resources necessary for informed dispositions, and rehabilitation;
"(11) emphasis should be placed on preventing youth from entering the juvenile justice system to begin with; and
"(12) the incidence of juvenile delinquency can be reduced through public recreation programs and activities designed to provide youth with social skills, enhance self esteem, and encourage the constructive use of discretionary time.
"(b) Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss of human life, personal security, and wasted human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency."
1992—Subsec. (a)(2), (3).
Subsec. (a)(4).
Subsec. (a)(5) to (10).
Subsec. (a)(11), (12).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(5).
1980—Subsec. (a)(4).
Subsec. (a)(8).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
"(a)
"(b)
Effective Date of 1988 Amendment
"(a)
"(b)
"(2) The amendments made by section 7253(b)(1) [amending
"(3) Notwithstanding the 180-day period provided in—
"(A) section 207 of the Juvenile Justice and Delinquency Prevention Act of 1974 (
"(B) section 361 of the Runaway and Homeless Youth Act (
"(C) section 404(a)(5) [now 404(a)(6)] of the Missing Children's Assistance Act (
the reports required by such sections to be submitted with respect to fiscal year 1988 shall be submitted not later than August 1, 1989."
Effective Date of 1984 Amendment
"(a) Except as provided in subsection (b), this division [division II (§§610–670) of chapter VI of title II of
"(b) Paragraph (2) of section 331(c) of the Runaway and Homeless Youth Act [
Effective Date of 1977 Amendment
Effective Date
§11102. Purposes
The purposes of this subchapter and subchapter II are—
(1) to support State, tribal, and local programs that prevent juvenile involvement in delinquent behavior;
(2) to assist State, tribal, and local governments in promoting public safety by encouraging accountability for acts of juvenile delinquency;
(3) to assist State, tribal, and local governments in addressing juvenile crime through the provision of technical assistance, research, training, evaluation, and the dissemination of current and relevant information on effective and evidence-based programs and practices for combating juvenile delinquency; and
(4) to support a continuum of evidence-based or promising programs (including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence) that are trauma informed, reflect the science of adolescent development, and are designed to meet the needs of at-risk youth and youth who come into contact with the justice system.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Par. (1).
Par. (2).
Par. (3).
Par. (4).
2002—
"(a) It is the purpose of this chapter—
"(1) to provide for the thorough and ongoing evaluation of all federally assisted juvenile justice and delinquency prevention programs;
"(2) to provide technical assistance to public and private nonprofit juvenile justice and delinquency prevention programs;
"(3) to establish training programs for persons, including professionals, paraprofessionals, and volunteers, who work with delinquents or potential delinquents or whose work or activities relate to juvenile delinquency programs;
"(4) to establish a centralized research effort on the problems of juvenile delinquency, including the dissemination of the findings of such research and all data related to juvenile delinquency;
"(5) to develop and encourage the implementation of national standards for the administration of juvenile justice, including recommendations for administrative, budgetary, and legislative action at the Federal, State, and local level to facilitate the adoption of such standards;
"(6) to assist States and local communities with resources to develop and implement programs to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions;
"(7) to establish a Federal assistance program to deal with the problems of runaway and homeless youth;
"(8) to strengthen families in which juvenile delinquency has been a problem;
"(9) to assist State and local governments in removing juveniles from jails and lockups for adults;
"(10) to assist State and local governments in improving the administration of justice and services for juveniles who enter the system; and
"(11) to assist States and local communities to prevent youth from entering the justice system to begin with.
"(b) It is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination (1) to develop and implement effective methods of preventing and reducing juvenile delinquency, including methods with a special focus on preserving and strengthening families so that juveniles may be retained in their homes; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile delinquency prevention; (5) to encourage parental involvement in treatment and alternative disposition programs; and (6) to provide for coordination of services between State, local, and community-based agencies and to promote interagency cooperation in providing such services."
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(8), (9).
Subsec. (a)(10), (11).
Subsec. (b)(1).
Subsec. (b)(5), (6).
1984—Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (a)(7).
1980—Subsec. (a)(8).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§11103. Definitions
For purposes of this chapter—
(1) the term "community based" facility, program, or service means a small, open group home or other suitable place located near the juvenile's home or family and programs of community supervision and service which maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited to, medical, educational, vocational, social, and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services;
(2) the term "Federal juvenile delinquency program" means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this chapter;
(3) the term "juvenile delinquency program" means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity designed to reduce known risk factors for juvenile delinquent behavior, provides 1 activities that build on protective factors for, and develop competencies in, juveniles to prevent, and reduce the rate of, delinquent juvenile behavior;
(4)(A) the term "Bureau of Justice Assistance" means the bureau established by
(B) the term "Office of Justice Programs" means the office established by
(C) the term "National Institute of Justice" means the institute established by
(D) the term "Bureau of Justice Statistics" means the bureau established by
(5) the term "Administrator" means the agency head designated by
(6) the term "law enforcement and criminal justice" means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction;
(7) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands;
(8) the term "unit of local government" means—
(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
(B) any law enforcement district or judicial enforcement district that—
(i) is established under applicable State law; and
(ii) has the authority to, in a manner independent of other State entities, establish a budget and raise revenues; or
(C) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for—
(i) the District of Columbia; or
(ii) any Trust Territory of the United States;
(9) the term "combination" as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a juvenile justice and delinquency prevention plan;
(10) the term "construction" means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees but not the cost of acquisition of land for buildings);
(11) the term "public agency" means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing;
(12) the term "secure detention facility" means any public or private residential facility which—
(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and
(B) is used for the temporary placement of any juvenile who is accused of having committed an offense or of any other individual accused of having committed a criminal offense;
(13) the term "secure correctional facility" means any public or private residential facility which—
(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and
(B) is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as having committed an offense or any other individual convicted of a criminal offense;
(14) the term "serious crime" means criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, drug trafficking, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony;
(15) the term "treatment" includes but is not limited to medical, educational, special education, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public, including services designed to benefit addicts and other users by eliminating their dependence on alcohol or other addictive or nonaddictive drugs or by controlling their dependence and susceptibility to addiction or use;
(16) the term "valid court order" means a court order given by a juvenile court judge to a juvenile—
(A) who was brought before the court and made subject to such order; and
(B) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States;
(17) the term "Council" means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in
(18) for purposes of subchapter II, the term "Indian tribe" means—
(A) a federally recognized Indian tribe; or
(B) an Alaskan Native organization;
that has a law enforcement function, as determined by the Secretary of the Interior in consultation with the Attorney General;
(19) the term "comprehensive and coordinated system of services" means a system that—
(A) ensures that services and funding for the prevention and treatment of juvenile delinquency are consistent with policy goals of preserving families and providing appropriate services in the least restrictive environment so as to simultaneously protect juveniles and maintain public safety;
(B) identifies, and intervenes early for the benefit of, young children who are at risk of developing emotional or behavioral problems because of physical or mental stress or abuse, and for the benefit of their families;
(C) increases interagency collaboration and family involvement in the prevention and treatment of juvenile delinquency; and
(D) encourages private and public partnerships in the delivery of services for the prevention and treatment of juvenile delinquency;
(20) the term "gender-specific services" means services designed to address needs unique to the gender of the individual to whom such services are provided;
(21) the term "home-based alternative services" means services provided to a juvenile in the home of the juvenile as an alternative to incarcerating the juvenile, and includes home detention;
(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;
(23) the term "nonprofit organization" means an organization described in
(24) the term "graduated sanctions" means an accountability-based, graduated series of sanctions (including incentives, treatment, and services) applicable to juveniles within the juvenile justice system to hold such juveniles accountable for their actions and to protect communities from the effects of juvenile delinquency by providing appropriate sanctions for every act for which a juvenile is adjudicated delinquent, by inducing their law-abiding behavior, and by preventing their subsequent involvement with the juvenile justice system;
(25) the term "sight or sound contact" means any physical, clear visual, or verbal contact that is not brief and inadvertent;
(26) the term "adult inmate"—
(A) means an individual who—
(i) has reached the age of full criminal responsibility under applicable State law; and
(ii) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal offense; and
(B) does not include an individual who—
(i) at the time of the offense, 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 juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law;
(27) the term "violent crime" means—
(A) murder or nonnegligent manslaughter, forcible rape, or robbery, or
(B) aggravated assault committed with the use of a firearm;
(28) the term "collocated facilities" means facilities that are located in the same building, or are part of a related complex of buildings located on the same grounds;
(29) the term "related complex of buildings" means 2 or more buildings that share—
(A) physical features, such as walls and fences, or services beyond mechanical services (heating, air conditioning, water and sewer); or
(B) the specialized services that are allowable under section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal Regulations, as in effect on December 10, 1996;
(30) the term "core requirements"—
(A) means the requirements described in paragraphs (11), (12), (13), and (15) of
(B) does not include the data collection requirements described in subparagraphs (A) through (K) of
(31) the term "chemical agent" means a spray or injection used to temporarily incapacitate a person, 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 15 minutes in a room or cell; and
(B) does not include—
(i) confinement during regularly scheduled sleeping hours;
(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 limited purpose of calming;
(33) the term "restraints" has the meaning given that term in
(34) the term "evidence-based" means a program 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 population, 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;
(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-designed and rigorous study, as described in paragraph (34)(D);
(36) the term "dangerous practice" means an act, procedure, or program that creates an unreasonable 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 process—
(A) designed to identify youth who may have mental health, behavioral health, substance abuse, or other needs requiring immediate attention, intervention, and further evaluation; and
(B) the purpose of which is to quickly identify a youth with possible mental health, behavioral health, substance abuse, or other needs in need of further assessment;
(38) the term "assessment" includes, at a minimum, an interview and review of available records and other pertinent information—
(A) by an appropriately trained professional who is licensed or certified by the applicable State in the mental health, behavioral health, or substance abuse fields; and
(B) which is designed to identify significant mental health, behavioral health, or substance abuse treatment needs to be addressed during a youth's confinement;
(39) for purposes of
(40) the term "trauma-informed" means—
(A) understanding the impact that exposure to violence and trauma have on a youth's physical, psychological, and psychosocial development;
(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 retraumatization;
(41) the term "racial and ethnic disparity" means minority youth populations are involved at a decision point in the juvenile justice system at disproportionately higher rates than non-minority youth at that decision point;
(42) the term "status offender" means a juvenile 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 defined by the Office of Management and Budget;
(44) the term "internal controls" means a process implemented to provide reasonable assurance regarding the achievement of objectives in—
(A) effectiveness and efficiency of operations, such as grant management practices;
(B) reliability of reporting for internal and external use; and
(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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
Section was formerly classified to
Amendments
2018—Par. (8)(C), (D).
Par. (18).
Par. (22).
"(A) pending the filing of a charge of violating a criminal law;
"(B) awaiting trial on a criminal charge; or
"(C) convicted of violating a criminal law;".
Par. (25).
Par. (26).
"(A) has reached the age of full criminal responsibility under applicable State law; and
"(B) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal offense;".
Pars. (30) to (45).
2002—Par. (3).
Par. (4).
Par. (7).
Par. (12)(B).
Par. (13)(B).
Par. (14).
Par. (16)(C).
"(i) reviewed the behavior of such juvenile and the circumstances under which such juvenile was brought before the court and made subject to such order;
"(ii) determined the reasons for the behavior that caused such juvenile to be brought before the court and made subject to such order;
"(iii) determined that all dispositions (including treatment), other than placement in a secure detention facility or a secure correctional facility, have been exhausted or are clearly inappropriate; and
"(iv) submitted to the court a written report stating the results of the review conducted under clause (i) and the determinations made under clauses (ii) and (iii);".
Par. (22).
Pars. (24) to (29).
1998—Par. (8).
Par. (9).
1992—Par. (16).
Pars. (19) to (23).
1988—Par. (5).
Pars. (17), (18).
1984—Par. (3).
Par. (4)(A).
Par. (4)(B).
Par. (6).
Par. (14).
Par. (16).
1980—Par. (1).
Par. (4).
Par. (5).
Par. (7).
Par. (9).
Par. (12).
Pars. (13), (14).
Par. (15).
1977—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 So in original. Probably should be "provide".
SUBCHAPTER II—PROGRAMS AND OFFICES
Part A—Juvenile Justice and Delinquency Prevention Office
§11111. Establishment
(a) Placement within Department of Justice under general authority of Attorney General
There is hereby established an Office of Juvenile Justice and Delinquency Prevention (hereinafter in this division 1 referred to as the "Office") within the Department of Justice under the general authority of the Attorney General.
(b) Administrator; head, appointment, authorities, etc.
The Office shall be headed by an Administrator (hereinafter in this subchapter referred to as the "Administrator") appointed by the President from among individuals who have had experience in juvenile justice programs. The Administrator is authorized to prescribe regulations consistent with this chapter to award, administer, modify, extend, terminate, monitor, evaluate, reject, or deny all grants and contracts from, and applications for, funds made available under this subchapter. The Administrator shall have the same reporting relationship with the Attorney General as the directors of other offices and bureaus within the Office of Justice Programs have.
(c) Deputy Administrator; appointment, functions, etc.
There shall be in the Office a Deputy Administrator who shall be appointed by the Attorney General. The Deputy Administrator shall perform such functions as the Administrator may from time to time assign or delegate and shall act as the Administrator during the absence or disability of the Administrator.
(
Editorial Notes
References in Text
This division, referred to in subsec. (a), probably means division II (§§610–670) of chapter VI of title II of
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Codification
Section was formerly classified to
Amendments
2012—Subsec. (b).
1992—Subsec. (b).
1988—Subsec. (c).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1980—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1977—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Mentoring Matches for Youth
"SEC. 601. SHORT TITLE.
"This subtitle may be cited as the 'Mentoring Matches for Youth Act of 2006'.
"SEC. 602. FINDINGS.
"Congress finds the following:
"(1) Big Brothers Big Sisters of America, which was founded in 1904 and chartered by Congress in 1958, is the oldest and largest mentoring organization in the United States.
"(2) There are over 450 Big Brothers Big Sisters of America local agencies providing mentoring programs for at-risk children in over 5,000 communities throughout every State, Guam, and Puerto Rico.
"(3) Over the last decade, Big Brothers Big Sisters of America has raised a minimum of 75 percent of its annual operating budget from private sources and is continually working to grow private sources of funding to maintain this ratio of private to Federal funds.
"(4) In 2005, Big Brothers Big Sisters of America provided mentors for over 235,000 children.
"(5) Big Brothers Big Sisters of America has a goal to provide mentors for 1,000,000 children per year.
"SEC. 603. GRANT PROGRAM FOR EXPANDING BIG BROTHERS BIG SISTERS MENTORING PROGRAM.
"In each of fiscal years 2007 through 2012, the Administrator of the Office of Juvenile Justice and Delinquency Prevention (hereafter in this Act referred to as the 'Administrator') may make grants to Big Brothers Big Sisters of America to use for expanding the capacity of and carrying out the Big Brothers Big Sisters mentoring programs for at-risk youth.
"SEC. 604. BIANNUAL REPORT.
"(a)
"(b)
"(1) A detailed statement of the progress made by Big Brothers Big Sisters of America in expanding the capacity of and carrying out mentoring programs for at-risk youth.
"(2) A detailed statement of how the amounts received under this Act have been used.
"(3) A detailed assessment of the effectiveness of the mentoring programs.
"(4) Recommendations for continued grants and the appropriate amounts for such grants.
"SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this Act—
"(1) $9,000,000 for fiscal year 2007;
"(2) $10,000,000 for fiscal year 2008;
"(3) $11,500,000 for fiscal year 2009;
"(4) $13,000,000 for fiscal year 2010; and
"(5) $15,000,000 for fiscal year 2011."
1 See References in Text note below.
§11112. Personnel
(a) Selection; employment; compensation
The Administrator is authorized to select, employ, and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in the Administrator and to prescribe their functions.
(b) Special personnel
The Administrator is authorized to select, appoint, and employ not to exceed three officers and to fix their compensation at rates not to exceed the rate now or hereafter payable under
(c) Personnel from other agencies
Upon the request of the Administrator, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of its personnel to the Administrator to assist the Administrator in carrying out the functions of the Administrator under this subchapter.
(d) Experts and consultants
The Administrator may obtain services as authorized by
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2002—Subsec. (b).
1992—Subsec. (b).
Subsec. (c).
Subsec. (d).
1984—Subsec. (a).
Subsec. (c).
1980—Subsec. (c).
Subsec. (d).
1977—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
§11113. Voluntary and uncompensated services
The Administrator is authorized to accept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding the provisions of
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
Section was formerly classified to
"
§11114. Concentration of Federal efforts
(a) Implementation of policy by Administrator; consultation with Council and Advisory Committee
(1) The Administrator shall develop objectives, priorities, and a long-term plan to improve the juvenile justice system in the United States, taking into account scientific knowledge regarding adolescent development and behavior and regarding the effects of delinquency prevention programs and juvenile justice interventions on adolescents, and shall implement overall policy and a strategy to carry out such plan, for all Federal juvenile delinquency programs and activities relating to prevention, diversion, training, treatment, rehabilitation, evaluation, and research. In carrying out the functions of the Administrator, the Administrator shall consult with the Council.
(2)(A) The plan described in paragraph (1) shall—
(i) contain specific goals and criteria for making grants and contracts, for conducting research, and for carrying out other activities under this subchapter; and
(ii) provide for coordinating the administration programs and activities under this subchapter with the administration of all other Federal juvenile delinquency programs and activities, including proposals for joint funding to be coordinated by the Administrator.
(B) The Administrator shall review the plan described in paragraph (1) annually, revise the plan as the Administrator considers appropriate, and publish the plan in the Federal Register during the 30-day period ending on October 1 of each year.
(b) Duties of Administrator
In carrying out the purposes of this chapter, the Administrator shall—
(1) advise the President through the Attorney General as to all matters relating to federally assisted juvenile delinquency programs and Federal policies regarding juvenile delinquency;
(2) assist operating agencies which have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives the Administrator establishes;
(3) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities;
(4) implement Federal juvenile delinquency programs and activities among Federal departments and agencies and between Federal juvenile delinquency programs and activities and other Federal programs and activities which the Administrator determines may have an important bearing on the success of the entire Federal juvenile delinquency effort;
(5) not later than 1 year after December 21, 2018, in consultation with Indian Tribes, develop a policy for the Office of Juvenile Justice and Delinquency Prevention to collaborate with representatives of Indian Tribes with a criminal justice function on the implementation of the provisions of this chapter relating to Indian Tribes;
(6)(A) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities which the Administrator intends to carry out under parts D and E in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts D and E; and
(B) taking into consideration comments received during the 45-day period beginning on the date the proposed plan is published, develop and publish a final plan, before December 31 of such fiscal year, describing the particular activities which the Administrator intends to carry out under parts D and E in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts D and E; and
(7) provide for the auditing of systems required under
(c) Information, reports, studies, and surveys from other agencies
The Administrator may require, through appropriate authority, Federal departments and agencies engaged in any activity involving any Federal juvenile delinquency program to provide the Administrator with such information as may be appropriate to prevent the duplication of efforts, and to coordinate activities, related to the prevention of juvenile delinquency.
(d) Delegation of functions
The Administrator shall have the sole authority to delegate any of the functions of the Administrator under this chapter.
(e) Utilization of services and facilities of other agencies; reimbursement
The Administrator is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement as may be agreed upon.
(f) Coordination of functions of Administrator and Secretary of Health and Human Services
All functions of the Administrator under this subchapter shall be coordinated as appropriate with the functions of the Secretary of Health and Human Services under subchapter III of this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b), (d), and (f), was in the original "this Act", meaning
Codification
Section was formerly classified to
Amendments
2018—Subsec. (a)(1).
Subsec. (a)(2)(B).
"(i) not later than 240 days after November 4, 1992, in the case of the initial plan required by paragraph (1); and
"(ii) except as provided in clause (i), in the 30-day period ending on October 1 of each year."
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
2002—Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (b)(7).
Subsec. (c).
Subsec. (d).
Subsecs. (f), (h).
Subsec. (i).
"(1) The Administrator shall require through appropriate authority each Federal agency which administers a Federal juvenile delinquency program to submit annually to the Council a juvenile delinquency development statement. Such statement shall be in addition to any information, report, study, or survey which the Administrator may require under subsection (c) of this section.
"(2) Each juvenile delinquency development statement submitted to the Administrator under paragraph (1) shall contain such information, data, and analyses as the Administrator may require. Such analyses shall include an analysis of the extent to which the juvenile delinquency program of the Federal agency submitting such development statement conforms with and furthers Federal juvenile delinquency prevention and treatment goals and policies.
"(3) The Administrator shall review and comment upon each juvenile delinquency development statement transmitted to the Administrator under paragraph (1). Such development statement, together with the comments of the Administrator, shall be included by the Federal agency involved in every recommendation or request made by such agency for Federal legislation which significantly affects juvenile delinquency prevention and treatment."
1992—Subsec. (a).
Subsec. (b)(7).
Subsec. (f).
Subsec. (g).
1988—Subsec. (a).
Subsec. (b)(5).
Subsec. (b)(6), (7).
Subsec. (c).
Subsec. (d).
"(1) The first annual report submitted to the President and the Congress by the Administrator under subsection (b)(5) of this section shall contain, in addition to information required by subsection (b)(5) of this section, a detailed statement of criteria developed by the Administrator for identifying the characteristics of juvenile delinquency, juvenile delinquency prevention, diversion of youths from the juvenile justice system, and the training, treatment, and rehabilitation of juvenile delinquents.
"(2) The second such annual report shall contain, in addition to information required by subsection (b)(5) of this section, an identification of Federal programs which are related to juvenile delinquency prevention or treatment, together with a statement of the moneys expended for each such program during the most recent complete fiscal year. Such identification shall be made by the Administrator through the use of criteria developed under paragraph (1)."
Subsec. (e).
Subsecs. (f) to (h).
Subsec. (i).
Subsecs. (j) to (l).
Subsec. (m).
1984—Subsec. (a).
Subsec. (b)(2), (4).
Subsec. (b)(7).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (i).
Subsec. (l)(1).
Subsec. (l)(2).
Subsec. (l)(3).
1980—Subsec. (b).
Subsec. (d)(1).
Subsec. (g).
Subsec. (i).
Subsec. (k).
Subsec. (l)(1).
Subsec. (m).
1977—Subsec. (b).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (l)(1).
1976—Subsec. (b)(5).
Subsec. (b)(6).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date
Section effective Sept. 7, 1974, except that subsec. (b)(5), (6) effective at close of thirty-first day of twelfth calendar month of 1974, and subsec. (l) effective at close of thirtieth day of eleventh calendar month of 1976, see section 263(a), (b) of
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the end of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
§11115. Joint funding; non-Federal share requirements
Notwithstanding any other provision of law, where funds are made available by more than one Federal agency to be used by any agency, organization, institution, or individual to carry out a Federal juvenile delinquency program or activity, any one of the Federal agencies providing funds may be requested by the Administrator to act for all in administering the funds advanced whenever the Administrator finds the program or activity to be exceptionally effective or for which the Administrator finds exceptional need. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and the Administrator may order any such agency to waive any technical grant or contract requirement (as defined in such regulations) which is inconsistent with the similar requirement of the administering agency or which the administering agency does not impose.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1980—
1977—
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Amendment by
§11116. Coordinating Council on Juvenile Justice and Delinquency Prevention
(a) Establishment; membership
(1) There is hereby established, as an independent organization in the executive branch of the Federal Government a Coordinating Council on Juvenile Justice and Delinquency Prevention composed of the Attorney General, the Secretary of Health and Human Services, the Assistant Secretary for Mental Health and Substance Use, the Secretary of the Interior, the Secretary of Labor, the Secretary of Education, the Secretary of Housing and Urban Development, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Director of the Office of National Drug Control Policy, the Chief Executive Officer of the Corporation for National and Community Service, the Assistant Secretary for Immigration and Customs Enforcement, such other officers of Federal agencies who hold significant decisionmaking authority as the President may designate, and individuals appointed under paragraph (2).
(2)(A) Ten members shall be appointed, without regard to political affiliation, to the Council in accordance with this paragraph from among individuals who are practitioners in the field of juvenile justice and who are not officers or employees of the Federal Government.
(B)(i) Three members shall be appointed by the Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives.
(ii) Three members shall be appointed by the majority leader of the Senate, after consultation with the minority leader of the Senate.
(iii) Three members shall be appointed by the President.
(iv) One member shall be appointed by the Chairman of the Committee on Indian Affairs of the Senate, in consultation with the Vice Chairman of that Committee and the Chairman and Ranking Member of the Committee on Natural Resources of the House of Representatives.
(C)(i) Of the members appointed under each of clauses (i), (ii), and (iii)—
(I) 1 shall be appointed for a term of 1 year;
(II) 1 shall be appointed for a term of 2 years; and
(III) 1 shall be appointed for a term of 3 years;
as designated at the time of appointment.
(ii) Except as provided in clause (iii), a vacancy arising during the term for which an appointment is made may be filled only for the remainder of such term.
(iii) After the expiration of the term for which a member is appointed, such member may continue to serve until a successor is appointed.
(b) Chairman and Vice Chairman
The Attorney General shall serve as Chairman of the Council. The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall serve as Vice Chairman of the Council. The Vice Chairman shall act as Chairman in the absence of the Chairman.
(c) Functions
(1) The function of the Council shall be to coordinate all Federal juvenile delinquency programs (in cooperation with State and local juvenile justice programs) all Federal programs and activities that detain or care for unaccompanied juveniles, and all Federal programs relating to missing and exploited children. The Council shall examine how the separate programs can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles and shall make recommendations to the President, and to the Congress, at least annually with respect to the coordination of overall policy and development of objectives and priorities for all Federal juvenile delinquency programs and activities and all Federal programs and activities that detain or care for unaccompanied juveniles. The Council shall review the programs and practices of Federal agencies and report on the degree to which Federal agency funds are used for purposes which are consistent or inconsistent with the mandates of the core requirements. The Council shall review, and make recommendations with respect to, any joint funding proposal undertaken by the Office of Juvenile Justice and Delinquency Prevention and any agency represented on the Council. The Council shall review the reasons why Federal agencies take juveniles into custody and shall make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody.
(2) In addition to performing their functions as members of the Council, the members appointed under subsection (a)(2) shall collectively, on an annual basis—
(A) make recommendations regarding the development of the objectives, priorities, and the long-term plan, and the implementation of overall policy and the strategy to carry out such plan, referred to in
(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 described in subparagraph (A);
(ii) includes a detailed account of the activities conducted by the Council during the fiscal year, including a complete detailed accounting of expenses incurred by the Council to conduct operations in accordance with this section;
(iii) is published on the websites of the Office of Juvenile Justice and Delinquency Prevention, the Council, and the Department of Justice; and
(iv) is in addition to the annual report required under
(d) Meetings
The Council shall meet at least quarterly.
(e) Appointment of personnel or staff support by Administrator
The Administrator shall, with the approval of the Council, appoint such personnel or staff support as the Administrator considers necessary to carry out the purposes of this subchapter.
(f) Expenses of Council members; reimbursement
Members appointed under subsection (a)(2) shall serve without compensation. Members of the Council shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Council.
(g) Authorization of appropriations
Of sums available to carry out this part, not more than $200,000 shall be available to carry out this section.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(2)(B).
2010—Subsec. (a)(2)(A).
Subsec. (a)(2)(B)(iv).
2002—Subsec. (c)(2)(B).
1993—Subsec. (a)(1).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Subsec. (f).
1988—Subsec. (a)(1).
Subsec. (c).
Subsec. (d).
Subsec. (g).
1984—Subsec. (a)(1).
Subsec. (c).
Subsec. (e).
Subsec. (g).
1980—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (g).
1977—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1976—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Education and the Workforce of House of Representatives changed to Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (c)(1) of this section relating to the Council making recommendations to Congress at least annually, see section 3003 of
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
§11117. Annual report
Not later than 180 days after the end of each fiscal year, the Administrator shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report that contains the following with respect to such fiscal year:
(1) A detailed summary and analysis of the most recent data available regarding the number of juveniles taken into custody, the rate at which juveniles are taken into custody, and the trends demonstrated by the data required by subparagraphs (A), (B), and (C). Such summary and analysis shall set out the information required by subparagraphs (A), (B), (C), and (D) separately for juvenile nonoffenders, juvenile status offenders, and other juvenile offenders. Such summary and analysis shall separately address with respect to each category of juveniles specified in the preceding sentence—
(A) the types of offenses with which the juveniles are charged;
(B) the race, gender, and ethnicity, as such term is defined by the Bureau of the Census, of the juveniles;
(C) the ages of the juveniles;
(D) the types of facilities used to hold the juveniles (including juveniles treated as adults for purposes of prosecution) in custody, including secure detention facilities, secure correctional facilities, jails, and lockups;
(E) the number of juveniles who died while in custody and the circumstances under which they died;
(F) the educational status of juveniles, including information relating to learning and other disabilities, failing performance, grade retention, and dropping out of school;
(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 average 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 referral by a school official, as collected and reported by the Department of Education or similar State educational agency; and
(K) the number of juveniles in the custody of secure detention and correctional facilities operated by a State or unit of local or tribal government who report being pregnant.
(2) A description of the activities for which funds are expended under this part, including the objectives, priorities, accomplishments, and recommendations of the Council.
(3) A description, based on the most recent data available, of the extent to which each State complies with
(4) An evaluation of the programs funded under this subchapter and their effectiveness in reducing the incidence of juvenile delinquency, particularly violent crime, committed by juveniles.
(5) A description of the criteria used to determine what programs qualify as evidence-based and promising programs under this subchapter and subchapter V and a comprehensive list of those programs the Administrator has determined meet such criteria in both rural and urban areas.
(6) A description of funding provided to Indian Tribes under this chapter or for a juvenile delinquency or prevention program under the Tribal Law and Order Act of 2010 (
(7) An analysis and evaluation of the internal controls at the Office of Juvenile Justice and Delinquency Prevention to determine if grantees are following the requirements of the Office of Juvenile Justice and Delinquency Prevention grant programs and what remedial action the Office of Juvenile Justice and Delinquency Prevention has taken to recover 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;
(B) where unauthorized expenditures occurred; 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 Office of Juvenile Justice and Delinquency Prevention recouped from grantees that were found to be in violation of policies and procedures of the Office of Juvenile 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 recouped by the Office of Juvenile Justice and Delinquency Prevention; and
(D) the actual amount recouped by the Office of Juvenile Justice and Delinquency Prevention.
(
Editorial Notes
References in Text
This chapter, referred to in par. (6), was in the original "this Act", meaning
The Tribal Law and Order Act of 2010, referred to in par. (6), is title II of
Codification
Section was formerly classified to
Prior Provisions
A prior section 207 of title II of
Another prior section 207 of title II of
Amendments
2018—
Par. (1)(B).
Par. (1)(F).
Par. (1)(G) to (K).
Pars. (5) to (8).
2002—Pars. (4), (5).
"(4) A summary of each program or activity for which assistance is provided under part C or D of this subchapter, an evaluation of the results of such program or activity, and a determination of the feasibility and advisability of replicating such program or activity in other locations.
"(5) A description of selected exemplary delinquency prevention programs for which assistance is provided under this subchapter, with particular attention to community-based juvenile delinquency prevention programs that involve and assist families of juveniles."
1992—Par. (1)(D).
Par. (1)(F).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1988, with the report required by this section with respect to fiscal year 1988 to be submitted not later than Aug. 1, 1989, notwithstanding the 180-day period provided in this section, see section 7296(a), (b)(3) of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in this section relating to submittal to the Speaker of the House of Representatives and the President pro tempore of the Senate of an annual report, see section 3003 of
Part B—Charles Grassley Juvenile Justice and Delinquency Prevention Program
Editorial Notes
Codification
§11131. Authority to make grants and contracts
(a) The Administrator is authorized to make grants to States and units of local government or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system.
(b)(1) With not to exceed 5 percent of the funds available in a fiscal year to carry out this part, the Administrator shall make grants to and enter into contracts with public and private agencies, organizations, and individuals to provide technical assistance to States, units of general local governments 1 (and combinations thereof), and local private agencies to facilitate compliance with
(2) Grants and contracts may be made under paragraph (1) only to public and private agencies, organizations, and individuals that have experience in providing such technical assistance.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Subsec. (b)(1).
2002—Subsec. (b)(2).
1998—Subsec. (a).
1992—Subsec. (b)(2).
1988—
1984—
1977—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
1 So in original. Probably should be "units of local governments".
§11132. Allocation of funds
(a) Time; basis; amounts
(1) Subject to paragraph (2) and in accordance with regulations promulgated under this part, funds shall be allocated annually among the States on the basis of relative population of people under 18 years of age, based on the most recent data available from the Bureau of the Census.
(2)(A) If the aggregate amount appropriated for a fiscal year to carry out this subchapter 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 fiscal year to carry out this subchapter is not 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 $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.
(b) Reallocation of unobligated funds
If any amount so allocated remains unobligated at the end of the fiscal year, such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Any amount so reallocated shall be in addition to the amounts already allocated and available to the State, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands for the same period.
(c) Use of allocated funds for development, etc., of State plans; limitations; matching requirements
In accordance with regulations promulgated under this part, a portion of any allocation to any State under this part shall be available to develop a State plan or for other pre-award activities associated with such State plan, and to pay that portion of the expenditures which are necessary for 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. Not more than 10 percent of the total annual allocation of such State shall be available for such purposes except that any amount expended or obligated by such State, or by units of local government or any combination thereof, from amounts made available under this subsection shall be matched (in an amount equal to any such amount so expended or obligated) by such State, or by such units or combinations, from State or local funds, as the case may be. The State shall make available needed funds for planning and administration to units of local government or combinations thereof within the State on an equitable basis.
(d) Minimum annual allocation for assistance of advisory group
In accordance with regulations promulgated under this part, not more than 5 percent of the annual allocation to any State under this part shall be available to assist the advisory group established under
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (c).
Subsec. (d).
2002—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3).
Subsec. (b).
1998—Subsec. (c).
1992—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1988—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (b).
1984—Subsec. (b).
1980—Subsec. (a).
1977—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by section 4(b)(1), (3) of
§11133. State plans
(a) Requirements
In order to receive formula grants under this part, a State shall submit a plan for carrying out its purposes applicable to a 3-year period. Such plan shall be amended annually to include new programs, projects, and activities. The State shall submit annual performance reports to the Administrator which shall describe progress in implementing programs contained in the original plan, 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 delinquency 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 finalized, 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. In accordance with regulations which the Administrator shall prescribe, such plan shall—
(1) designate the State agency as designated by the chief executive officer of the State as the sole agency for supervising the preparation and administration of the plan;
(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) has or will have authority, by legislation if necessary, to implement such plan in conformity with this part;
(3) provide for an advisory group that—
(A) shall consist of not less than 15 and not more than 33 members appointed by the chief executive officer of the State—
(i) which members have training, experience, or special knowledge concerning adolescent development, the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency;
(ii) which members include—
(I) at least 1 locally elected official representing general purpose local government;
(II) representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers;
(III) representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, child and adolescent mental health, education, child and adolescent substance abuse, special education, services for youth with disabilities, recreation, and youth services;
(IV) representatives of private nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children;
(V) volunteers who work with delinquent youth or youth at risk of delinquency;
(VI) representatives of programs that are alternatives to incarceration, including programs providing organized recreation activities;
(VII) persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion;
(VIII) persons, licensed or certified by the applicable State, with expertise and competence in preventing and addressing mental health and substance abuse needs in delinquent youth and youth at risk of delinquency;
(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 youth who experience disproportionate levels of sexual abuse, exploitation, and trauma before entering the juvenile justice system; and
(X) for a State in which one or more Indian Tribes are located, an Indian tribal representative (if such representative is available) or other individual with significant expertise in tribal law enforcement and juvenile justice in Indian tribal communities;
(iii) a majority of which members (including the chairperson) shall not be full-time employees of the Federal, State, or local government;
(iv) at least one-fifth of which members shall be under the age of 28 at the time of initial appointment; and
(v) at least 3 members who have been or are currently under the jurisdiction of the juvenile justice system 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;
(B) shall participate in the development and review of the State's juvenile justice plan prior to submission to the supervisory board for final action;
(C) shall be afforded the opportunity to review and comment, not later than 45 days after their submission to the advisory group, on all juvenile justice and delinquency prevention grant applications submitted to the State agency designated under paragraph (1);
(D) shall, consistent with this subchapter—
(i) advise the State agency designated under paragraph (1) and its supervisory board;
(ii) submit to the chief executive officer and the legislature of the State at least every 2 years a report and necessary recommendations regarding State compliance with the core requirements; and
(iii) contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; and
(E) may, consistent with this subchapter—
(i) advise on State supervisory board and local criminal justice advisory board composition; and
(ii) review progress and accomplishments of projects funded under the State plan;
(4) provide for the active consultation with and participation of units of local government or combinations thereof in the development of a State plan which adequately takes into account the needs and requests of units of local government, except that nothing in the plan requirements, or any regulations promulgated to carry out such requirements, shall be construed to prohibit or impede the State from making grants to, or entering into contracts with, local private agencies or the advisory group;
(5) unless the provisions of this paragraph are waived at the discretion of the Administrator for any State in which the services for delinquent or other youth are organized primarily on a statewide basis, provide that at least 662/3 per centum of funds received by the State under
(A) through programs of units of local government or combinations thereof, to the extent such programs are consistent with the State plan;
(B) through programs of local private agencies, to the extent such programs are consistent with the State plan, except that direct funding of any local private agency by a State shall be permitted only if such agency requests such funding after it has applied for and been denied funding by any unit of local government or combination thereof; and
(C) to provide funds for programs of Indian Tribes that agree to attempt to comply with the core requirements applicable to the detention and confinement of juveniles, an amount that bears the same ratio to the aggregate amount to be expended through programs referred to in subparagraphs (A) and (B) as the population under 18 years of age in the geographical areas in which such tribes perform such functions bears to the State population under 18 years of age,1
(6) provide for an equitable distribution of the assistance received under
(7)(A) provide for an analysis of juvenile delinquency problems in, and the juvenile delinquency control and delinquency prevention needs (including educational needs) of, the State (including any geographical area in which an Indian tribe has jurisdiction), a description of the services to be provided, and a description of performance goals and priorities, including a specific statement of the manner in which programs are expected to meet the identified juvenile crime problems (including the joining of gangs that commit crimes) and juvenile justice and delinquency prevention needs (including educational needs) of the State; and
(B) contain—
(i) an analysis of gender-specific services for the prevention and treatment of juvenile delinquency, including the types of such services available and the need for such services;
(ii) a plan for providing needed gender-specific services for the prevention and treatment of juvenile delinquency;
(iii) a plan for providing needed services for the prevention and treatment of juvenile delinquency in rural areas;
(iv) a plan to provide alternatives to detention for status offenders, survivors of commercial sexual exploitation, and others, where appropriate, such as specialized or 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-occurring 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 programs;
(vi) a plan to engage family members, 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
(ix) not later than 1 year after December 21, 2018, a plan which shall be implemented not later than 2 years after December 21, 2018, to—
(I) eliminate the use of restraints 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 abdominal restraints, leg and ankle restraints, wrist restraints behind the back, and four-point restraints on known pregnant juveniles, unless—
(aa) credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting herself, staff, or others; or
(bb) reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method;
(8) provide for the coordination and maximum utilization of evidence-based and promising juvenile delinquency programs, programs operated by public and private agencies and organizations, and other related programs (such as education, special education, recreation, health, and welfare programs) in the State;
(9) provide that not less than 75 percent of the funds available to the State under
(A) community-based alternatives (including home-based alternatives) to incarceration and institutionalization including—
(i) for status offenders and other youth who need temporary placement: crisis intervention, shelter, and after-care;
(ii) for youth who need residential placement: a continuum of foster care or group home alternatives that provide access to a comprehensive array of services; and
(iii) for youth who need specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs;
(B) community-based programs and services to work with—
(i) status offenders, other youth, and the parents and other family members of such offenders and youth to strengthen families, including parent self-help groups, so that juveniles may remain in their homes;
(ii) juveniles during their incarceration, and with their families, to ensure the safe return of such juveniles to their homes and to strengthen the families; and
(iii) parents with limited English-speaking ability, particularly in areas where there is a large population of families with limited-English speaking ability;
(C) comprehensive juvenile justice and delinquency prevention programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, law enforcement agencies, child protection agencies, mental health agencies, welfare services, health care agencies, and private nonprofit agencies offering youth services;
(D) programs that provide treatment to juvenile offenders who are victims of child abuse or neglect, and to their families, in order to reduce the likelihood that such juvenile offenders will commit subsequent violations of law;
(E) educational programs or supportive services for at-risk or delinquent youth or other juveniles—
(i) to encourage juveniles to remain in elementary and secondary schools or in alternative learning situations, including for truancy prevention and reduction;
(ii) to provide services to assist juveniles in making the transition to the world of work and self-sufficiency; and
(iii) enhance 2 coordination with the local schools that such juveniles would otherwise attend, to ensure that—
(I) the instruction that juveniles receive outside school is closely aligned with the instruction provided in school; and
(II) information regarding any learning problems identified in such alternative learning situations are communicated to the schools;
(F) programs to expand the use of probation officers—
(i) particularly for the purpose of permitting nonviolent juvenile offenders (including status offenders) to remain at home with their families as an alternative to incarceration or institutionalization; and
(ii) to ensure that juveniles follow the terms of their probation;
(G) programs—
(i) to ensure youth have access to appropriate legal representation; and
(ii) to expand access to publicly supported, court-appointed legal counsel who are trained to represent juveniles in adjudication proceedings,
except that the State may not use more than 2 percent of the funds received under
(H) counseling, training, and mentoring programs, which may be in support of academic tutoring, vocational and technical training, and drug and violence prevention counseling, that are designed to link at-risk juveniles, juvenile offenders, or juveniles who have a parent or legal guardian who is or was incarcerated in a Federal, State, tribal, or local correctional facility or who is otherwise under the jurisdiction of a Federal, State, tribal, or local criminal justice system, particularly juveniles residing in low-income and high-crime areas and juveniles experiencing educational failure, with responsible individuals (such as law enforcement officials, Department of Defense personnel, individuals working with local businesses, and individuals working with community-based and faith-based organizations and agencies) who are properly screened and trained;
(I) programs designed to develop and implement projects relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist community services, law enforcement, and juvenile justice personnel to more effectively recognize and provide for learning disabled and other juveniles with disabilities;
(J) projects designed both to deter involvement in illegal activities and to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of youth;
(K) programs and projects designed to provide for the treatment of youths' dependence on or abuse of alcohol or other addictive or nonaddictive drugs;
(L) programs for positive youth development that assist delinquent and other at-risk youth in obtaining—
(i) a sense of safety and structure;
(ii) a sense of belonging and membership;
(iii) a sense of self-worth and social contribution;
(iv) a sense of independence and control over one's life; and
(v) a sense of closeness in interpersonal relationships;
(M) 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 pre-adjudication and post-adjudication alternatives that bridge the gap between traditional probation and confinement in a correctional setting (including specialized or problem-solving courts, expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, electronic monitoring, 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 of information and technical assistance, including technology transfer, in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior;
(N) community-based programs and services to work with juveniles, their parents, and other family members during and after incarceration in order to strengthen families and reduce the risk of recidivism;
(O) programs (including referral to literacy programs and social service programs) to assist families with limited English-speaking ability that include delinquent juveniles to overcome language and other barriers that may prevent the complete treatment of such juveniles and the preservation of their families;
(P) programs designed to prevent and to reduce hate crimes committed by juveniles;
(Q) after-school programs that provide at-risk juveniles and juveniles in the juvenile justice system with a range of age-appropriate activities, including tutoring, mentoring, and other educational and enrichment activities;
(R) community-based programs that provide follow-up post-placement services to adjudicated juveniles, to promote successful reintegration into the community;
(S) projects designed to develop and implement programs to protect the rights of juveniles affected by the juvenile justice system;
(T) programs designed to provide mental health or co-occurring disorder services for court-involved or incarcerated juveniles in need of such services, including assessment, development of individualized treatment plans, provision of treatment, and development of discharge plans;
(U) programs and projects designed—
(i) to inform juveniles of the opportunity and process for sealing and expunging juvenile records; and
(ii) to assist juveniles in pursuing juvenile 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
(V) programs that address the needs of girls in or at risk of entering the juvenile justice system, including pregnant girls, young mothers, survivors of commercial sexual exploitation or domestic child sex trafficking, girls with disabilities, and girls of color, including girls who are members of an Indian Tribe; and
(W) monitoring for compliance with the core requirements and providing training and technical assistance on the core requirements to secure facilities;
(10) provide for the development of an adequate research, training, and evaluation capacity within the State;
(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 correctional facility, if—
(i) the juvenile is charged with or has committed an offense that would not be criminal if committed by an adult, excluding—
(I) a juvenile who is charged with or has committed a violation of
(II) a juvenile who is charged with or has committed a violation of a valid court order issued and reviewed in accordance with paragraph (23); and
(III) a juvenile who is held in accordance 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, neglected, or abused; and
(B) require that—
(i) not later than 3 years after December 21, 2018, unless a court finds, after a hearing and in writing, that it is in the interest of justice, juveniles awaiting trial or other legal process who are treated as adults for purposes of prosecution in criminal court and housed in a secure facility—
(I) shall not have sight or sound contact with adult inmates; and
(II) except as provided in paragraph (13), may not be held in any jail or lockup for adults;
(ii) in determining under clause (i) whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup 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 maturity 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 delinquent acts;
(VI) the relative ability of the available 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
(VII) any other relevant factor; and
(iii) if a court determines under clause (i) that it is in the interest of justice to permit a juvenile to be held in any jail or lockup 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 review 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;
(12) provide that—
(A) juveniles alleged to be or found to be delinquent or juveniles within the purview of paragraph (11) will not be detained or confined in any institution in which they have sight or sound contact with adult inmates; and
(B) there is in effect in the State a policy that requires individuals who work with both such juveniles and such adult inmates, including in collocated facilities, have been trained and certified to work with juveniles;
(13) provide that no juvenile will be detained or confined in any jail or lockup for adults except—
(A) juveniles who are accused of nonstatus offenses and who are detained in such jail or lockup for a period not to exceed 6 hours—
(i) for processing or release;
(ii) while awaiting transfer to a juvenile facility; or
(iii) in which period such juveniles make a court appearance;
and only if such juveniles do not have sight or sound contact with adult inmates and only if there is in effect in the State a policy that requires individuals who work with both such juveniles and adult inmates in collocated facilities have been trained and certified to work with juveniles;
(B) juveniles who are accused of nonstatus offenses, who are awaiting an initial court appearance that will occur within 48 hours after being taken into custody (excluding Saturdays, Sundays, and legal holidays), and who are detained in a jail or lockup—
(i) in which—
(I) such juveniles do not have sight or sound contact with adult inmates; and
(II) there is in effect in the State a policy that requires individuals who work with both such juveniles and adults inmates in collocated facilities have been trained and certified to work with juveniles; and
(ii) that—
(I) is located outside a metropolitan statistical area (as defined by the Office of Management and Budget) and has no existing acceptable alternative placement available;
(II) is located where conditions of distance to be traveled or the lack of highway, road, or transportation do not allow for court appearances within 48 hours (excluding Saturdays, Sundays, and legal holidays) so that a brief (not to exceed an additional 48 hours) delay is excusable; or
(III) is located where conditions of safety exist (such as severe adverse, life-threatening weather conditions that do not allow for reasonably safe travel), in which case the time for an appearance may be delayed until 24 hours after the time that such conditions allow for reasonable safe travel;
(14) provide for an effective system of monitoring jails, lock-ups, detention facilities, and correctional facilities to ensure that the core requirements are met, and for annual reporting of the results of such monitoring to the Administrator, except that such reporting requirements shall not apply in the case of a State which is in compliance with the other requirements of this paragraph, which is in compliance with the requirements in paragraphs (11) and (12), and which has enacted legislation which conforms to such requirements and which contains sufficient enforcement mechanisms to ensure that such legislation will be administered effectively;
(15) implement policy, practice, and system improvement strategies at the State, territorial, local, and tribal levels, as applicable, to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system, without establishing or requiring numerical standards or quotas, by—
(A) establishing or designating existing coordinating bodies, composed of juvenile justice stakeholders, (including representatives of the educational system) at the State, local, or tribal levels, to advise efforts by States, units of local government, and Indian Tribes to reduce racial and ethnic disparities;
(B) identifying and analyzing data on race and ethnicity at decision points in State, local, or tribal juvenile justice systems to determine which such points create racial and ethnic disparities among youth who come into contact with the juvenile justice system; and
(C) developing and implementing a work plan that includes measurable objectives for policy, practice, or other system changes, based on the needs identified in the data collection and analysis under subparagraph (B);
(16) provide assurance that youth in the juvenile justice system are treated equitably on the basis of gender, race, ethnicity, family income, and disability;
(17) provide assurance that consideration will be given to and that assistance will be available for approaches designed to strengthen the families of delinquent and other youth to prevent juvenile delinquency (which approaches should include the involvement of grandparents or other extended family members when possible and appropriate and the provision of family counseling during the incarceration of juvenile family members and coordination of family services when appropriate and feasible);
(18) provide for procedures to be established for protecting the rights of recipients of services and for assuring appropriate privacy with regard to records relating to such services provided to any individual under the State plan;
(19) provide assurances that—
(A) any assistance provided under this chapter will not cause the displacement (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) of any currently employed employee;
(B) activities assisted under this chapter will not impair an existing collective bargaining relationship, contract for services, or collective bargaining agreement; and
(C) no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization involved;
(20) provide for such fiscal control and fund accounting procedures necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter;
(21) provide reasonable assurance that Federal funds made available under this part for any period will be so used as to supplement and increase (but not supplant) the level of the State, local, tribal, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part, and will in no event replace such State, local, tribal, and other non-Federal funds;
(22) provide that the State agency designated under paragraph (1) will—
(A) to the extent practicable give priority in funding to programs and activities that are based on rigorous, systematic, and objective research that is scientifically based;
(B) from time to time, but not less than annually, review its plan and submit to the Administrator an analysis and evaluation of the effectiveness of the programs and activities carried out under the plan, and any modifications in the plan, including the survey of State and local needs, that it considers necessary; and
(C) not expend funds to carry out a program if the recipient of funds who carried out such program during the preceding 2-year period fails to demonstrate, before the expiration of such 2-year period, that such program achieved substantial success in achieving the goals specified in the application submitted by such recipient to the State agency;
(23) provide that if a juvenile is taken into custody for violating a valid court order issued for committing a status offense—
(A) an appropriate public agency shall be promptly notified that such status offender is held in custody for violating such order;
(B) not later than 24 hours during which such status offender is so held, an authorized representative of such agency shall interview, in person, such status offender;
(C) not later than 48 hours during which such status offender is so held—
(i) such representative shall submit an assessment to the court that issued such order, regarding the immediate needs of such status offender;
(ii) such court shall conduct a hearing to determine—
(I) whether there is reasonable cause to believe that such status offender violated such order; and
(II) the appropriate placement of such status offender pending disposition of the violation alleged; and
(iii) if such court determines the status offender should be placed in a secure detention facility or correctional facility for violating such order—
(I) the court shall issue a written order that—
(aa) identifies the valid court order that has been violated;
(bb) specifies the factual basis for determining that there is reasonable cause to believe that the status offender has violated such order;
(cc) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the status offender in such a facility, with due consideration to the best interest of the juvenile;
(dd) specifies the length of time, not to exceed 7 days, that the status offender may remain in a secure detention facility or correctional facility, and includes a plan for the status offender's release from such facility; and
(ee) may not be renewed or extended; and
(II) the court may not issue a second or subsequent order described in subclause (I) relating to a status offender unless the status offender violates a valid court order after the date on which the court issues an order described in subclause (I); and
(D) there are procedures in place to ensure that any status offender held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody longer than 7 days or the length of time authorized by the court, whichever is shorter;
(24) provide an assurance that if the State receives under
(25) specify a percentage (if any), not to exceed 5 percent, of funds received by the State under
(26) provide that the State, to the maximum extent practicable, and in accordance with confidentiality concerns, will implement a system to ensure that if a juvenile is before a court in the juvenile justice system, public child welfare records (including child protective services records) relating to such juvenile that are on file in the geographical area under the jurisdiction of such court will be made known to such court, so as to provide for—
(A) data in child abuse or neglect reports relating to juveniles entering the juvenile justice system with a prior reported history of arrest, court intake, probation and parole, juvenile detention, and corrections; and
(B) a plan to use the data described in subparagraph (A) to provide necessary services for the treatment of such victims of child abuse or neglect;
(27) provide assurances that juvenile offenders whose placement is funded through
(28) provide for the coordinated use of funds provided under this subchapter with other Federal and State funds directed at juvenile delinquency prevention and intervention programs;
(29) describe the policies, procedures, and training in effect for the staff of juvenile State correctional facilities to eliminate the use of dangerous practices, unreasonable restraints, and unreasonable isolation, including by developing effective behavior management techniques;
(30) describe—
(A) the evidence-based methods that will be used to conduct mental health and substance abuse screening, assessment, referral, and treatment for juveniles who—
(i) request a screening;
(ii) show signs of needing a screening; or
(iii) are held for a period of more than 24 hours in a secure facility that provides for an initial screening; and
(B) how the State will seek, to the extent practicable, to provide or arrange for mental health and substance abuse disorder treatment for juveniles determined to be in need of such treatment;
(31) describe how reentry planning by the State for juveniles will include—
(A) a written case plan based on an assessment of needs that includes—
(i) the pre-release and post-release plans for the juveniles;
(ii) the living arrangement to which the juveniles are to be discharged; and
(iii) any other plans developed for the juveniles based on an individualized assessment; and
(B) review processes;
(32) provide an assurance that the agency of the State receiving funds under this subchapter collaborates with the State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (
(A) the student records of adjudicated juveniles, including electronic records if available, are transferred in a timely manner from the educational program in the juvenile detention or secure treatment facility to the educational or training program into which the juveniles will enroll;
(B) the credits of adjudicated juveniles are transferred; and
(C) adjudicated juveniles receive full or partial credit toward high school graduation for secondary school coursework satisfactorily completed before and during the period of time during which the juveniles are held in custody, regardless of the local educational agency or entity from which the credits were earned; and
(33) describe policies and procedures to—
(A) screen for, identify, and document in records of the State the identification of victims of domestic human trafficking, or those at risk of such trafficking, upon intake; and
(B) divert youth described in subparagraph (A) to appropriate programs or services, to the extent practicable.
(b) Approval by State agency
The State agency designated under subsection (a)(1), after receiving and considering the advice and recommendations of the advisory group referred to in subsection (a), shall approve the State plan and any modification thereof prior to submission to the Administrator.
(c) Compliance with statutory requirements
(1) If a State fails to comply with any of the core requirements in any fiscal year, then—
(A) subject to subparagraph (B), the amount allocated to such State under
(B) the State shall be ineligible to receive any allocation under such section for such fiscal year unless—
(i) the State agrees to expend 50 percent of the amount allocated to the State for such fiscal year to achieve compliance with any such core requirement with respect to which the State is in noncompliance; or
(ii) the Administrator determines that the State—
(I) has achieved substantial compliance with such applicable requirements with respect to which the State was not in compliance; and
(II) has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance with such applicable requirements within a reasonable time.
(2) Of the total amount of funds not allocated for a fiscal year under paragraph (1)—
(A) 50 percent of the unallocated funds shall be reallocated under
(B) 50 percent of the unallocated funds shall be used by the Administrator to provide additional training and technical assistance to States for the purpose of promoting compliance with the core requirements.
(d) Nonsubmission or nonqualification of plan; expenditure of allotted funds; availability of reallocated funds
In the event that any State chooses not to submit a plan, fails to submit a plan, or submits a plan or any modification thereof, which the Administrator, after reasonable notice and opportunity for hearing, in accordance with
(e) Administrative and supervisory board membership requirements
Notwithstanding any other provision of law, the Administrator shall establish appropriate administrative and supervisory board membership requirements for a State agency designated under subsection (a)(1) and permit the State advisory group appointed under subsection (a)(3) to operate as the supervisory board for such agency, at the discretion of the chief executive officer of the State.
(f) Technical assistance
(1) In general
The Administrator shall provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3) to assist such organization to carry out the functions specified in paragraph (2).
(2) Assistance
To be eligible to receive such assistance, such organization shall agree to carry out activities that include—
(A) disseminating information, data, standards, advanced techniques, and program models;
(B) reviewing Federal policies regarding juvenile justice and delinquency prevention;
(C) advising the Administrator with respect to particular functions or aspects of the work of the Office; and
(D) 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) Compliance determination
(1) In general
For each fiscal year, the Administrator shall make a determination regarding whether each State receiving a grant under this subchapter is in compliance or out of compliance with respect to each of the core requirements.
(2) Reporting
The Administrator shall—
(A) issue an annual public report—
(i) describing any determination described in paragraph (1) made during the previous year, including a summary of the information on which the determination is based and the actions to be taken by the Administrator (including a description of any reduction imposed under subsection (c)); and
(ii) for any such determination that a State is out of compliance with any of the core requirements, describing the basis for the determination; and
(B) make the report described in subparagraph (A) available on a publicly available website.
(3) Determinations required
The Administrator may not—
(A) determine that a State is "not out of compliance", or issue any other determination not described in paragraph (1), with respect to any core requirement; or
(B) otherwise fail to make the compliance determinations required under paragraph (1).
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(18), was in the original "this Act", meaning
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(32), is
Codification
Section was formerly classified to
Amendments
2018—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3)(A)(i).
Subsec. (a)(3)(A)(ii)(III).
Subsec. (a)(3)(A)(ii)(V).
Subsec. (a)(3)(A)(ii)(VI).
Subsec. (a)(3)(A)(ii)(VIII) to (X).
Subsec. (a)(3)(A)(iv).
Subsec. (a)(3)(A)(v).
Subsec. (a)(3)(C).
Subsec. (a)(3)(D)(i).
Subsec. (a)(3)(D)(ii).
Subsec. (a)(3)(E)(i).
Subsec. (a)(3)(E)(ii).
Subsec. (a)(5)(C).
Subsec. (a)(7)(A).
Subsec. (a)(7)(B)(iv) to (ix).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(9)(A)(i).
Subsec. (a)(9)(A)(iii).
Subsec. (a)(9)(B)(i).
Subsec. (a)(9)(E).
Subsec. (a)(9)(E)(i).
Subsec. (a)(9)(F).
Subsec. (a)(9)(G).
Subsec. (a)(9)(H).
Subsec. (a)(9)(I) to (L).
Subsec. (a)(9)(M).
Subsec. (a)(9)(M)(i).
Subsec. (a)(9)(M)(ii).
Subsec. (a)(9)(N).
Subsec. (a)(9)(O) to (R).
Subsec. (a)(9)(S).
Subsec. (a)(9)(T).
Subsec. (a)(9)(U) to (W).
Subsec. (a)(11).
Subsec. (a)(12)(A).
Subsec. (a)(13).
Subsec. (a)(14).
Subsec. (a)(15).
Subsec. (a)(16).
Subsec. (a)(17) to (20).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (a)(23).
Subsec. (a)(23)(C)(iii).
Subsec. (a)(23)(D).
Subsec. (a)(26).
Subsec. (a)(27).
Subsec. (a)(28) to (33).
Subsec. (c).
Subsec. (d).
Subsec. (f)(2).
Subsec. (g).
2006—Subsec. (a)(7)(B)(i) to (iv).
2002—Subsec. (a).
Subsec. (a)(3).
Subsec. (a)(3)(A)(i).
Subsec. (a)(3)(D)(i).
Subsec. (a)(3)(D)(ii).
Subsec. (a)(5).
Subsec. (a)(5)(C).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(8)(A).
Subsec. (a)(8)(B).
"(i) an analysis of gender-specific services for the prevention and treatment of juvenile delinquency, including the types of such services available and the need for such services for females; and
"(ii) a plan for providing needed gender-specific services for the prevention and treatment of juvenile delinquency;".
Subsec. (a)(8)(C), (D).
"(C) contain—
"(i) an analysis of services for the prevention and treatment of juvenile delinquency in rural areas, including the need for such services, the types of such services available in rural areas, and geographically unique barriers to providing such services; and
"(ii) a plan for providing needed services for the prevention and treatment of juvenile delinquency in rural areas; and
"(D) contain—
"(i) an analysis of mental health services available to juveniles in the juvenile justice system (including an assessment of the appropriateness of the particular placements of juveniles in order to receive such services) and of barriers to access to such services; and
"(ii) a plan for providing needed mental health services to juveniles in the juvenile justice system;".
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(10)(A).
Subsec. (a)(10)(D).
Subsec. (a)(10)(E).
"(I) education in settings that promote experiential, individualized learning and exploration of academic and career options;
"(II) assistance in making the transition to the world of work and self-sufficiency;
"(III) alternatives to suspension and expulsion; and
"(IV) programs to counsel delinquent juveniles and other juveniles regarding the opportunities that education provides; and".
Subsec. (a)(10)(F).
Subsec. (a)(10)(G).
Subsec. (a)(10)(H).
Subsec. (a)(10)(K).
Subsec. (a)(10)(L).
Subsec. (a)(10)(L)(vi).
Subsec. (a)(10)(M).
Subsec. (a)(10)(M)(i).
Subsec. (a)(10)(N).
Subsec. (a)(10)(O).
Subsec. (a)(10)(P) to (S).
Subsec. (a)(11).
Subsec. (a)(12).
"(A) provide within three years after submission of the initial plan that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult or offenses (other than an offense that constitutes a violation of a valid court order or a violation of
"(B) provide that the State shall submit annual reports to the Administrator containing a review of the progress made by the State to achieve the deinstitutionalization of juveniles described in subparagraph (A) and a review of the progress made by the State to provide that such juveniles, if placed in facilities, are placed in facilities which (i) are the least restrictive alternatives appropriate to the needs of the child and the community; (ii) are in reasonable proximity to the family and the home communities of such juveniles; and (iii) provide the services described in
Subsec. (a)(13).
Subsec. (a)(14).
"(A)(i) are outside a Standard Metropolitan Statistical Area; and
"(ii) have no existing acceptable alternative placement available;
"(B) are located where conditions of distance to be traveled or the lack of highway, road, or other ground transportation do not allow for court appearances within 24 hours, so that a brief (not to exceed 48 hours) delay is excusable; or
"(C) are located where conditions of safety exist (such as severely adverse, life-threatening weather conditions that do not allow for reasonably safe travel), in which case the time for an appearance may be delayed until 24 hours after the time that such conditions allow for reasonably safe travel;".
Subsec. (a)(15).
Subsec. (a)(16).
Subsec. (a)(17), (18).
Subsec. (a)(19).
"(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective-bargaining agreements or otherwise;
"(B) the continuation of collective-bargaining rights;
"(C) the protection of individual employees against a worsening of their positions with respect to their employment;
"(D) assurances of employment to employees of any State or political subdivision thereof who will be affected by any program funded in whole or in part under provisions of this chapter; and
"(E) training or retraining programs;".
Subsec. (a)(20), (21).
Subsec. (a)(22).
Subsec. (a)(23).
Subsec. (a)(24).
Subsec. (a)(25).
Subsec. (a)(26) to (28).
Subsec. (c).
"(1) Subject to paragraph (2), the Administrator shall approve any State plan and any modification thereof that meets the requirements of this section.
"(2) Failure to achieve compliance with the subsection (a)(12)(A) requirement within the 3-year time limitation shall terminate any State's eligibility for funding under this part for a fiscal year beginning before January 1, 1993, unless the Administrator determines that the State is in substantial compliance with the requirement, through achievement of deinstitutionalization of not less than 75 percent of such juveniles or through removal of 100 percent of such juveniles from secure correctional facilities, and has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time not exceeding 2 additional years.
"(3) If a State fails to comply with the requirements of subsection (a), (12)(A), (13), (14), or (23) of this section in any fiscal year beginning after January 1, 1993—
"(A) subject to subparagraph (B), the amount allotted under
"(B) the State shall be ineligible to receive any allotment under that section for such fiscal year unless—
"(i) the State agrees to expend all the remaining funds the State receives under this part (excluding funds required to be expended to comply with section 5632(c) and (d) of this title and with subsection (a)(5)(C) of this section) for that fiscal year only to achieve compliance with any such paragraph with respect to which the State is in noncompliance; or
"(ii) the Administrator determines, in the discretion of the Administrator, that the State—
"(I) has achieved substantial compliance with each such paragraph with respect to which the State was not in compliance; and
"(II) has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time."
Subsec. (d).
Subsecs. (e), (f).
2000—Subsec. (a)(14).
1998—Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(10).
1996—Subsec. (a)(12)(A).
1994—Subsec. (a)(12)(A).
1992—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(12)(A).
Subsec. (a)(13).
Subsec. (a)(14).
"(A) are outside a Standard Metropolitan Statistical Area,
"(B) have no existing acceptable alternative placement available, and
"(C) are in compliance with the provisions of paragraph (13);".
Subsec. (a)(16).
Subsec. (a)(17).
Subsec. (a)(25).
Subsec. (c).
Subsec. (d).
1988—Subsec. (a)(1).
Subsec. (a)(5).
Subsec. (a)(8)(A).
Subsec. (a)(14).
Subsec. (a)(23), (24).
Subsec. (c)(1).
Subsec. (c)(2) to (4).
1984—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3)(C).
Subsec. (a)(3)(F).
Subsec. (a)(3)(F)(ii).
Subsec. (a)(3)(F)(iv).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(10)(E).
Subsec. (a)(10)(F).
Subsec. (a)(10)(H)(iii).
Subsec. (a)(10)(H)(v).
Subsec. (a)(10)(I).
Subsec. (a)(10)(J).
Subsec. (a)(10)(K), (L).
Subsec. (a)(14).
Subsec. (a)(17), (18).
Subsec. (a)(19).
Subsec. (a)(20), (21).
Subsec. (a)(22).
Subsec. (a)(23).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1980—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
Subsec. (a)(3)(E).
Subsec. (a)(3)(F).
Subsec. (a)(8).
Subsec. (a)(10).
Subsec. (a)(10)(A).
Subsec. (a)(10)(E).
Subsec. (a)(10)(H).
Subsec. (a)(10)(I).
Subsec. (a)(10)(J).
Subsec. (a)(11).
Subsec. (a)(12)(A).
Subsec. (a)(12)(B).
Subsec. (a)(14).
Subsec. (a)(15).
Subsec. (a)(16), (17).
Subsec. (a)(18).
Subsec. (a)(19), (20).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1977—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(8).
Subsec. (a)(10).
Subsec. (a)(10)(A).
Subsec. (a)(10)(C).
Subsec. (a)(10)(D).
Subsec. (a)(10)(G).
Subsec. (a)(10)(H).
Subsec. (a)(10)(I).
Subsec. (a)(12).
Subsec. (a)(13).
Subsec. (a)(14).
Subsec. (a)(15).
Subsec. (a)(19).
Subsec. (a)(20), (21).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1976—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Savings Provision
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of
1 So in original. The comma probably should be a semicolon.
2 So in original. Probably should be "to enhance".
3 See References in Text note below.
Part C—Juvenile Delinquency Prevention Block Grant Program
Editorial Notes
Prior Provisions
A prior part C of title II of
§§11141 to 11146. Repealed. Pub. L. 115–385, title II, §206, Dec. 21, 2018, 132 Stat. 5140
Section 11141,
A prior section 241 of
Section 11142,
A prior section 242 of
Section 11143,
A prior section 243 of
Section 11144,
A prior section 244 of
Section 11145,
A prior section 245 of
Another prior section 245 of
Another prior section 245 of
Section, 11146,
A prior section 246 of
Another prior section 246 of
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of
Part D—Research; Evaluation; Technical Assistance; Training
Editorial Notes
Prior Provisions
A prior part D of title II of
§11161. Research and evaluation; statistical analyses; information dissemination
(a) Research and evaluation
(1) The Administrator shall—
(A) annually publish a plan to identify the purposes and goals of all agreements carried out with funds provided under this subsection; and
(B) conduct research or evaluation in juvenile justice matters, for the purpose of providing research and evaluation relating to—
(i) the prevention, reduction, and control of juvenile delinquency and serious crime committed by juveniles;
(ii) the link between juvenile delinquency and the incarceration of members of the families of juveniles;
(iii) successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the juvenile justice and criminal justice systems;
(iv) successful efforts to prevent recidivism;
(v) the juvenile justice system;
(vi) juvenile violence;
(vii) the prevalence and duration of behavioral health needs (including mental health, substance abuse, and co-occurring disorders) among juveniles pre-placement and post-placement in the juvenile justice system, including an examination of the effects of secure detention in a correctional facility;
(viii) reducing the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups;
(ix) training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices;
(x) methods to improve the recruitment, selection, training, and retention of professional personnel who are focused on the prevention, identification, and treatment of delinquency;
(xi) methods to improve the identification and response to victims of domestic child sex trafficking within the juvenile justice system;
(xii) identifying positive outcome measures, such as attainment of employment and educational degrees, that States and units of local government should use to evaluate the success of programs aimed at reducing recidivism of youth who have come in contact with the juvenile justice system or criminal justice system;
(xiii) evaluating the impact and outcomes of the prosecution and sentencing of juveniles as adults;
(xiv) successful and cost-effective efforts by States and units of local government to reduce recidivism through policies that provide for consideration of appropriate alternative sanctions to incarceration of youth facing nonviolent charges, while ensuring that public safety is preserved;
(xvi) 1 evaluating services, treatment, and aftercare placement of juveniles who were under the care of the State child protection system before their placement in the juvenile justice system;
(xvii) determining—
(I) the frequency, seriousness, and incidence of drug use by youth in schools and communities in the States using, if appropriate, data submitted by the States pursuant to this subparagraph and subsection (b); and
(II) the frequency, degree of harm, and morbidity of violent incidents, particularly firearm-related injuries and fatalities, by youth in schools and communities in the States, including information with respect to—
(aa) the relationship between victims and perpetrators;
(bb) demographic characteristics of victims and perpetrators; and
(cc) the type of weapons used in incidents, as classified in the Uniform Crime Reports of the Federal Bureau of Investigation; and
(xviii) other purposes consistent with the purposes of this subchapter and subchapter I.
(2) The Administrator shall ensure that an equitable amount of funds available to carry out paragraph (1)(B) is used for research and evaluation relating to the prevention of juvenile delinquency.
(3) Nothing in this subsection shall be construed to permit the development of a national database of personally identifiable information on individuals involved in studies, or in data-collection efforts, carried out under paragraph (1)(B)(x).
(4) Not later than 1 year after December 21, 2018, the Administrator shall conduct a study with respect to juveniles who, prior to placement in the juvenile justice system, were under the care or custody of the State child welfare system, and to juveniles who are unable to return to their family after completing their disposition in the juvenile justice system and who remain wards of the State in accordance with applicable confidentiality requirements. Such study shall include—
(A) the number of juveniles in each category;
(B) the extent to which State juvenile justice systems and child welfare systems are coordinating services and treatment for such juveniles;
(C) the Federal and local sources of funds used for placements and post-placement services;
(D) barriers faced by State 2 and Indian Tribes in providing services to these juveniles;
(E) the types of post-placement services used;
(F) the frequency of case plans and case plan reviews;
(G) the extent to which case plans identify and address permanency and placement barriers and treatment plans;
(H) a description of the best practices in discharge planning; and
(I) an assessment of living arrangements for juveniles who, upon release from confinement in a State correctional facility, cannot return to the residence they occupied prior to such confinement.
(b) Statistical analyses
The Administrator shall—
(1) plan and identify the purposes and goals of all agreements carried out with funds provided under this subsection; and
(2) undertake statistical work in juvenile justice matters, for the purpose of providing for the collection, analysis, and dissemination of statistical data and information relating to juvenile delinquency and serious crimes committed by juveniles, to the juvenile justice system, to juvenile violence, and to other purposes consistent with the purposes of this subchapter and subchapter I.
(c) Grant authority and competitive selection process
The Administrator may make grants and enter into contracts with public or private agencies, organizations, or individuals and shall use a competitive process, established by rule by the Administrator, to carry out subsections (a) and (b).
(d) Implementation of agreements
A Federal agency that makes an agreement under subsections (a)(1)(B) and (b)(2) with the Administrator may carry out such agreement directly or by making grants to or contracts with public and private agencies, institutions, and organizations.
(e) Information dissemination
The Administrator may—
(1) review reports and data relating to the juvenile justice system in the United States and in foreign nations (as appropriate), collect data and information from studies and research into all aspects of juvenile delinquency (including the causes, prevention, and treatment of juvenile delinquency) and serious crimes committed by juveniles;
(2) establish and operate, directly or by contract, a clearinghouse and information center for the preparation, publication, and dissemination of information relating to juvenile delinquency, including State and local prevention and treatment programs, plans, resources, and training and technical assistance programs; and
(3) make grants and contracts with public and private agencies, institutions, and organizations, for the purpose of disseminating information to representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, the courts, corrections, schools, and related services, in the establishment, implementation, and operation of projects and activities for which financial assistance is provided under this subchapter.
(f) National recidivism measure
The Administrator, in accordance with applicable confidentiality requirements and in consultation with experts in the field of juvenile justice research, recidivism, and data collection, shall—
(1) establish a uniform method of data collection and technology that States may use to evaluate data on juvenile recidivism on an annual basis;
(2) establish a common national juvenile recidivism measurement system; and
(3) make cumulative juvenile recidivism data that is collected from States available to the public.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(1)(B)(iii).
Subsec. (a)(1)(B)(vii).
Subsec. (a)(1)(B)(ix) to (xviii).
Subsec. (a)(4).
Subsec. (a)(4)(D).
Subsec. (a)(4)(H), (I).
Subsec. (b).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date
Part effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of
1 So in original. There is no cl. (xv).
2 So in original. Probably should be "States".
§11162. Training and technical assistance
(a) Training
The Administrator—
(1) shall develop and carry out projects for the purpose of training representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, to carry out the purposes specified in
(2) may make grants to and contracts with public and private agencies, institutions, and organizations for the purpose of training representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, to carry out the purposes specified in
(3) shall provide periodic training for States regarding implementation of the core requirements, current protocols and best practices for achieving and monitoring compliance, and information sharing regarding relevant Office resources on evidence-based and promising programs or practices that promote the purposes of this chapter.
(b) Technical assistance
The Administrator—
(1) shall develop and implement projects for the purpose of providing technical assistance to representatives and personnel of public and private agencies and organizations, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, in the establishment, implementation, and operation of programs, projects, and activities for which financial assistance is provided under this subchapter, including compliance with the core requirements;
(2) may make grants to and contracts with public and private agencies, institutions, and organizations, for the purpose of providing technical assistance to representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, in the establishment, implementation, and operation of programs, projects, and activities for which financial assistance is provided under this subchapter;
(3) shall provide technical assistance to States and units of local government on achieving compliance with the amendments to the core requirements and State Plans made by the Juvenile Justice Reform Act of 2018, including training and technical assistance and, when appropriate, pilot or demonstration projects intended to develop and replicate best practices for achieving sight and sound separation in facilities or portions of facilities that are open and available to the general public and that may or may not contain a jail or a lock-up; and
(4) shall provide technical assistance to States in support of efforts to establish partnerships between a State and a university, institution of higher education, or research center designed to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, the judiciary, juvenile justice, social work and child protection, education, and other relevant fields who are engaged in, or intend to work in, the field of prevention, identification, and treatment of delinquency.
(c) Training and technical assistance to mental health professionals and law enforcement personnel
The Administrator shall provide training and technical assistance to mental health professionals and law enforcement personnel (including public defenders, prosecutors, police officers, probation officers, judges, parole officials, and correctional officers) to address or to promote the development, testing, or demonstration of promising or innovative models (including model juvenile and family courts), programs, or delivery systems that address the needs of status offenders and juveniles who are alleged or adjudicated delinquent and who, as a result of such status, are placed in secure detention or confinement or in nonsecure residential placements.
(d) Best practices regarding legal representation of children
In consultation with experts in the field of juvenile defense, the Administrator shall—
(1) share best practices that may include sharing standards of practice developed by recognized entities in the profession, for attorneys representing children; and
(2) provide a State, if it so requests, technical assistance to implement any of the best practices shared under paragraph (1).
(e) Best practices for status offenders
Based on the available research and State practices, the Administrator shall—
(1) disseminate best practices for the treatment of status offenders with a focus on reduced recidivism, improved long-term outcomes, and limited usage of valid court orders to place status offenders in secure detention; and
(2) provide a State, on request, technical assistance to implement any of the best practices shared under paragraph (1).
(f) Training and technical assistance for local and State juvenile detention and corrections personnel
The Administrator shall coordinate training and technical assistance programs with juvenile detention and corrections personnel of States and units of local government—
(1) to promote methods for improving conditions of juvenile confinement, including methods that are designed to minimize the use of dangerous practices, unreasonable restraints, and isolation and methods responsive to cultural differences; and
(2) to encourage alternative behavior management techniques based on positive youth development approaches that may include methods responsive to cultural differences.
(g) Training and technical assistance to support mental health or substance abuse treatment including home-based or community-based care
The Administrator shall provide training and technical assistance, in conjunction with the appropriate public agencies, to individuals involved in making decisions regarding the disposition and management of cases for youth who enter the juvenile justice system about the appropriate services and placement for youth with mental health or substance abuse needs, including—
(1) juvenile justice intake personnel;
(2) probation officers;
(3) juvenile court judges and court services personnel;
(4) prosecutors and court-appointed counsel; and
(5) family members of juveniles and family advocates.
(h) Training and technical assistance to support juvenile court judges and personnel
The Attorney General, acting through the Office of Juvenile Justice and Delinquency Prevention and the Office of Justice Programs in consultation with entities in the profession, shall provide directly, or through grants or contracts, training and technical assistance to enhance the capacity of State and local courts, judges, and related judicial personnel to—
(1) improve the lives of children currently involved in or at risk of being involved in the juvenile court system; and
(2) carry out the requirements of this chapter.
(i) Free and reduced price school lunches for incarcerated juveniles
The Attorney General, in consultation with the Secretary of Agriculture, shall provide guidance to States relating to existing options for school food authorities in the States to apply for reimbursement for free or reduced price lunches under the Richard B. Russell National School Lunch Act (
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(3) and (h)(2), was in the original "this Act", meaning
The Juvenile Justice Reform Act of 2018, referred to in subsec. (b)(3), is
The Richard B. Russell National School Lunch Act, referred to in subsec. (i), is act June 4, 1946, ch. 281,
Codification
Section was formerly classified to
Amendments
2018—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3), (4).
Subsec. (c).
Subsecs. (d) to (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Part E—Developing, Testing, and Demonstrating Promising New Initiatives and Programs
Editorial Notes
Prior Provisions
A prior part E of title II of
§11171. Grants and projects
(a) Authority to make grants
The Administrator may make grants to and contracts with States, units of general local government, Indian tribal governments, public and private agencies, organizations, and individuals, or combinations thereof, to carry out projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. The Administrator shall ensure that, to the extent reasonable and practicable, such grants are made to achieve an equitable geographical distribution of such projects throughout the United States.
(b) Use of grants
A grant made under subsection (a) may be used to pay all or part of the cost of the project for which such grant is made.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 261 of title II of
Another prior section 261 of
Statutory Notes and Related Subsidiaries
Effective Date
Part effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of
§11172. Grants for technical assistance
The Administrator may make grants to and contracts with public and private agencies, organizations, and individuals to provide technical assistance to States, units of general local government, Indian tribal governments, local private entities or agencies, or any combination thereof, to carry out the projects for which grants are made under
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 262 of
Another prior section 262 of
§11173. Eligibility
To be eligible to receive a grant made under this part, a public or private agency, Indian tribal government, organization, institution, individual, or combination thereof shall submit an application to the Administrator at such time, in such form, and containing such information as the Administrator may reasonably require by rule.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 263 of
§11174. Reports
Recipients of grants made under this part shall submit to the Administrator such reports as may be reasonably requested by the Administrator to describe progress achieved in carrying out the projects for which such grants are made.
(
Editorial Notes
Codification
Section was formerly classified to
Part F—General and Administrative Provisions
Editorial Notes
Codification
Part F of title II of
Prior Provisions
A prior part F of title II of