II
Calendar No. 1033
110th CONGRESS
2d Session
S. 3155
[Report No. 110–472]
IN THE SENATE OF THE UNITED STATES
June 18, 2008
Mr. Leahy (for himself, Mr. Specter, Mr. Kohl, Ms. Collins, Mrs. Feinstein, Ms. Snowe, Mr. Durbin, Mr. Coleman, and Mr. Smith) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
September 18 (legislative day, September 17), 2008
Reported by Mr. Leahy, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To reauthorize and improve the Juvenile Justice and Delinquency Prevention Act of 1974, and for other purposes.
Short title
This Act may be cited as the
Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2008
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—Findings and declaration of purpose
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
TITLE II—Juvenile Justice and Delinquency Prevention
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Research and evaluation; statistical analyses; information dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Incentive grants for State and local programs.
Sec. 210. Authorization of appropriations.
Sec. 211. Administrative authority.
Sec. 212. Technical and conforming amendments.
TITLE III—Incentive grants for local delinquency prevention programs
Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Authorization of appropriations.
Sec. 304. Technical and conforming amendment.
Findings and declaration of purpose
Findings
Section 101 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as follows:
Findings
Congress finds the following:
A growing body of adolescent development research supports the use of developmentally appropriate services and sanctions for youth in the juvenile justice system and those at risk for delinquent behavior to help prevent youth crime and to successfully intervene with youth who have already entered the system.
Research has shown that targeted investments to redirect offending juveniles onto a different path are cost effective and can help reduce juvenile recidivism and adult crime.
Minorities are disproportionately represented in the juvenile justice system.
Between 1990 and 2004, the number of youth in adult jails increased by 208 percent.
Every day in the United States, an average of 7,500 youth are incarcerated in adult jails.
Youth who have been previously tried as adults are, on average, 34 percent more likely to commit crimes than youth retained in the juvenile justice system.
Research has shown that every dollar spent on evidence based programs can yield up to $13 in cost savings.
Each child prevented from engaging in repeat criminal offenses can save the community $1,700,000 to $3,400,000.
Youth are 19 times more likely to commit suicide in jail than youth in the general population and 36 times more likely to commit suicide in an adult jail than in a juvenile detention facility.
Seventy percent of youth in detention are held for nonviolent charges, and more than 2/3 are charged with property offenses, public order offenses, technical probation violations, or status offenses, such as truancy, running away, or breaking curfew.
The prevalence of mental disorders among youth in juvenile justice systems is 2 to 3 times higher than among youth in the general population.
Eighty percent of juveniles in juvenile justice systems have a nexus to substance abuse.
The proportion of girls entering the justice system has increased steadily over the past several decades, rising from 20 percent in 1980 to 29 percent in 2003.
.
Purposes
Section 102 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5602) is amended—
in paragraph (2),
by striking and
at the end;
in paragraph (3),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
to support a continuum of programs (including delinquency prevention, intervention, mental health and substance abuse treatment, and aftercare) to address the needs of at-risk youth and youth who come into contact with the justice system.
.
Definitions
Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended—
by amending paragraph (18) to read as follows:
the term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b);
;
in paragraph (22),
by striking or confine adults
and all that follows and inserting
or confine adult inmates;
;
by amending paragraph (26) to read as follows:
the term adult inmate—
means an individual who—
has reached the age of full criminal responsibility under applicable State law; and
has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense; and
does not include an individual who—
at the time of 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
was committed to the care and custody of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law;
;
in paragraph (28),
by striking and
at the end;
in paragraph (29), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
the term core requirements means the requirements described in paragraphs (11), (12), (13), and (15) of section 223(a);
the term chemical agent means a spray used to temporarily incapacitate a person, including oleoresin capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
the term isolation—
means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and
does not include confinement in the room or cell in which the youth usually sleeps, protective confinement (for injured youths or youths whose safety is threatened), separation based on an approved treatment program, routine confinement at the time of the youth’s admission, confinement that is requested by the youth, or the separation of the youth from a group in a non-locked setting for the purpose of calming;
the term restraint has the meaning given that term in section 591 of the Public Health Service Act (42 U.S.C. 290ii);
the term evidence based means a program or practice that is demonstrated to be effective and that—
is based on a clearly articulated and empirically supported theory;
has measurable outcomes, including a detailed description of what outcomes were produced in a particular population; and
has been scientifically tested, optimally through randomized, controlled studies;
the term promising means a program or practice that is demonstrated to be effective based on positive outcomes from 1 or more objective evaluations, or based on practice knowledge, as documented in writing to the Administrator; and
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.
.
Juvenile Justice and Delinquency Prevention
Concentration of Federal efforts
Section
204(a)(2)(B)(i) of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5614(a)(2)(B)(i)) is amended by striking 240 days after the
date of enactment of this paragraph
and inserting July 2,
2009
.
Coordinating Council on Juvenile Justice and Delinquency Prevention
Section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616) is amended—
in subsection (a)—
in paragraph (1)—
by inserting the Administrator of
the Substance Abuse and Mental Health Services Administration, the Secretary of
Defense, the Secretary of Agriculture,
after the Secretary of
Health and Human Services,
; and
by striking
Commissioner of Immigration and Naturalization
and inserting
Assistant Secretary for Immigration and Customs Enforcement
;
and
in paragraph
(2)(A), by inserting (including at least 1 representative from the
mental health fields)
after field of juvenile justice
;
and
in subsection (c)—
in paragraph (1),
by striking paragraphs (12)(A), (13), and (14) of section 223(a) of this
title
and inserting the core requirements
; and
in paragraph (2)(B)—
by striking
180 days after the date of the enactment of this paragraph
and
inserting May 3, 2009
; and
by striking
Committee on Education and the Workforce
and inserting
Committee on Education and Labor
.
Annual report
Section 207 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5617) is amended—
in the matter
preceding paragraph (1), by striking a fiscal year
and inserting
each fiscal year
;
in paragraph (1)—
in subparagraph
(B), by inserting , ethnicity,
after race
;
in subparagraph
(E), by striking and
at the end;
in subparagraph (F)—
by inserting
and other
before disabilities,
; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
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;
the number of juveniles released from custody and the type of living arrangement to which each such juvenile was released; and
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
; and
by adding at the end the following:
A description of the criteria used to determine what programs qualify as evidence based and promising programs under this title and title V and a comprehensive list of those programs the Administrator has determined meet such criteria.
A description of funding provided to Indian tribes under this Act, including direct Federal grants and funding provided to Indian tribes through a State or unit of local government.
.
Allocation of funds
Section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended—
in subsection
(a)(1), by striking age eighteen.
and inserting 18 years
of age, based on the most recent census data to monitor any significant changes
in the relative population of people under 18 years of age occurring in the
States.
;
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
by inserting after subsection (b) the following:
If any amount allocated under subsection (a) is withheld from a State due to noncompliance with the core requirements, the funds shall be reallocated for an improvement grant designed to assist the State in achieving compliance with the core requirements.
The Administrator shall condition a grant described in paragraph (1) on—
the State, with the approval of the Administrator, developing specific action steps designed to restore compliance with the core requirements; and
submitting to the Administrator semiannually a report on progress toward implementing the specific action steps developed under subparagraph (A).
The Administrator shall provide appropriate and effective technical assistance directly or through an agreement with a contractor to assist a State receiving a grant described in paragraph (1) in achieving compliance with the core requirements.
;
in subsection (d),
as so redesignated, by striking efficient administration, including
monitoring, evaluation, and one full-time staff position
and inserting
effective and efficient administration, including the designation of at
least 1 person to coordinate efforts to achieve and sustain compliance with the
core requirements
; and
in subsection (e),
as so redesignated, by striking 5 per centum
and inserting
not more than 5 percent
.
State plans
Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by inserting Not later than 30 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 a publicly available website.
after
compliance with State plan requirements.
;
in paragraph (3)—
in subparagraph (A)(ii)—
in subclause (II),
by striking counsel for children and youth
and inserting
publicly supported court-appointed legal counsel for children and youth
charged in delinquency matters
;
in subclause
(III), by striking mental health, education, special education
and inserting children’s mental health, education, child and adolescent
substance abuse, special education, services for youth with
disabilities
;
in subclause
(V), by striking delinquents or potential delinquents
and
inserting delinquent youth or youth at risk of delinquency, including
volunteers who work with youth of color
;
in subclause
(VII), by striking and
at the end;
by redesignating subclause (VIII) as subclause (XI);
by inserting after subclause (VII) the following:
the executive director or the designee of the executive director of a public or nonprofit entity that is located in the State and receiving a grant under part A of title III;
persons with expertise and competence in preventing and addressing mental health or substance abuse problems in juvenile delinquents and those at-risk of delinquency;
representatives of victim or witness advocacy groups; and
; and
in subclause
(XI), as so redesignated, by striking disabilities
and inserting
and other disabilities, truancy reduction or school
failure
;
in subparagraph
(D)(ii), by striking requirements of paragraphs (11), (12), and
(13)
and inserting core requirements
; and
in subparagraph
(E)(i), by adding and
at the end;
in paragraph (5)—
in the matter
preceding subparagraph (A), by striking section 222(d)
and
inserting section 222(e)
; and
in subparagraph
(C), by striking Indian tribes
and all that follows through
applicable to the detention and confinement of juveniles
and
inserting Indian tribes that agree to attempt to comply with the core
requirements applicable to the detention and confinement of
juveniles
;
in paragraph (7)(B)—
by striking clause (i) and inserting the following:
a plan for ensuring that the chief executive officer of the State, State legislature, and all appropriate public agencies in the State with responsibility for provision of services to children, youth and families are informed of the requirements of the State plan and compliance with the core requirements;
;
in clause (iii),
by striking and
at the end; and
by striking clause (iv) and inserting the following:
a plan to provide alternatives to detention, including 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;
a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting placement in residential treatment programs;
a plan to engage family members in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement; and
a plan to use community-based services to address the needs of at-risk youth or youth who have come into contact with the juvenile justice system;
;
in paragraph (8),
by striking existing
and inserting evidence based and
promising
;
in paragraph (9)—
in the matter
preceding subparagraph (A), by striking section 222(d)
and
inserting section 222(e)
;
in subparagraph
(A)(i), by inserting status offenders and other
before
youth who need
;
in subparagraph (B)(i)—
by striking
parents and other family members
and inserting status
offenders, other youth, and the parents and other family members of such
offenders and youth
; and
by striking
be retained
and inserting remain
;
by redesignating subparagraphs (G) through (S) as subparagraphs (J) through (V), respectively;
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
by inserting after subparagraph (D) the following:
providing training and technical assistance to, and consultation with, juvenile justice and child welfare agencies of States and units of local government to develop coordinated plans for early intervention and treatment of youth who have a history of abuse and juveniles who have prior involvement with the juvenile justice system;
;
in subparagraph
(G), as so redesignated, by striking expanding
and inserting
programs to expand
;
by inserting after subparagraph (G), as so redesignated, the following:
programs to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, 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;
expanding access to publicly supported, court-appointed legal counsel and enhancing capacity for the competent representation of every child;
;
in subparagraph (O), as so redesignated—
in clause (i), by
striking restraints
and inserting alternatives
;
and
in clause (ii),
by striking by the provision
; and
in subparagraph (V), as so redesignated, by striking the period at the end and inserting a semicolon;
in paragraph (11)—
in subparagraph
(A), by striking and
at the end;
in subparagraph
(B), by adding and
at the end; and
by adding at the end the following:
encourage the use of community-based alternatives to secure detention, including programs of public and nonprofit entities receiving a grant under part A of title III;
;
by striking paragraph (22);
by redesignating paragraphs (23) through (28) as paragraphs (24) through (29), respectively;
by redesignating paragraphs (14) through (21) as paragraphs (16) through (23), respectively;
by inserting after paragraph (13) the following:
require that—
not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008, 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—
shall not have contact with adult inmates; and
may not be held in any jail or lockup for adults;
in determining under subparagraph (A) whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have contact with adult inmates, a court shall consider—
the age of the juvenile;
the physical and mental maturity of the juvenile;
the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile;
the nature and circumstances of the alleged offense;
the juvenile’s history of prior delinquent acts;
the relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the public;
whether placement in a juvenile facility will better serve the long-term interests of the juvenile and be more likely to prevent recidivism;
the availability of programs designed to treat the juvenile's behavioral problems; and
any other relevant factor; and
if a court determines under subparagraph (A) that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have contact with adult inmates—
the court shall hold a hearing not less frequently than once every 30 days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such contact; and
the juvenile shall not be held in any jail or lockup for adults, or permitted to have 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;
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—
establishing coordinating bodies, composed of juvenile justice stakeholders at the State, local, or tribal levels, to oversee and monitor efforts by States, units of local government, and Indian tribes to reduce racial and ethnic disparities;
identifying and analyzing key decision points in State, local, or tribal juvenile justice systems to determine which points create racial and ethnic disparities among youth who come into contact with the juvenile justice system;
developing and implementing data collection and analysis systems to identify where racial and ethnic disparities exist in the juvenile justice system and to track and analyze such disparities;
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 subparagraphs (B) and (C); and
publicly reporting, on an annual basis, the efforts made in accordance with subparagraphs (B), (C), and (D);
in paragraph (16), as so redesignated—
by striking
adequate system
and inserting effective
system
;
by striking
requirements of paragraph (11),
and all that follows through
monitoring to the Administrator
and inserting the core
requirements are met, and for annual reporting to the Administrator of such
plan, including the results of such monitoring and all related enforcement and
educational activities
; and
by striking
, in the opinion of the Administrator,
;
in paragraph (17),
as so redesignated, by inserting ethnicity,
after
race,
;
in paragraph (24), as so redesignated—
in subparagraph
(B), by striking and
at the end;
in subparagraph (C)—
in clause (i), by
striking and
at the end;
in clause (ii),
by adding and
at the end; and
by adding at the end the following:
if such court determines the juvenile should be placed in a secure detention facility or correctional facility for violating such order, the court shall issue a written order that—
identifies the valid court order that has been violated;
specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order;
includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a facility, with due consideration to the best interest of the juvenile; and
specifies the length of time, not to exceed 7 days, that the juvenile may remain in a secure detention facility or correctional facility, and includes a plan for the juvenile’s release from such facility; and
; and
by adding at the end the following:
there are procedures in place to ensure that any juvenile 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;
;
in paragraph (26),
as so redesignated, by striking section 222(d)
and inserting
section 222(e)
;
in paragraph (27), as so redesignated—
by inserting
and in accordance with confidentiality concerns,
after
maximum extent practicable,
; and
by striking the semicolon at the end and inserting the following: “, so as to provide for—
a compilation of data reflecting information on juveniles entering the juvenile justice system with a prior reported history as victims of child abuse or neglect through arrest, court intake, probation and parole, juvenile detention, and corrections; and
a plan to use the data described in subparagraph (A) to provide necessary services for the treatment of victims of child abuse and neglect who have entered, or are at risk of entering, the juvenile justice system;
;
in paragraph (28), as so redesignated—
by striking
establish policies
and inserting establish protocols,
policies, procedures,
; and
by striking
and
at the end;
in paragraph (29), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
provide for the coordinated use of funds provided under this Act with other Federal and State funds directed at juvenile delinquency prevention and intervention programs;
develop policies and procedures, and provide training for facility staff, on evidence based and promising techniques for effective behavior management that are designed to eliminate the use of dangerous practices, unreasonable restraints, and isolation;
provide mental health and substance abuse screening, assessment, referral, and treatment for juveniles in the juvenile justice system;
provide procedural safeguards to adjudicated juveniles, including—
a written case plan for each juvenile, based on an assessment of the needs of the juvenile and developed and updated in consultation with the juvenile, the family of the juvenile, and, if appropriate, counsel for the juvenile, that—
describes the pre-release and post-release programs and reentry services that will be provided to the juvenile;
describes the living arrangement to which the juvenile is to be discharged; and
establishes a plan for the enrollment of the juvenile in post-release health care, behavioral health care, educational, vocational, training, family support, public assistance, and legal services programs, as appropriate;
as appropriate, a hearing that—
shall take place in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, not earlier than 30 days before the date on which the juvenile is scheduled to be released, and at which the juvenile would be represented by counsel; and
shall determine the discharge plan for the juvenile, including a determination of whether a safe, appropriate, and permanent living arrangement has been secured for the juvenile and whether enrollment in health care, behavioral health care, educational, vocational, training, family support, public assistance and legal services, as appropriate, has been arranged for the juvenile; and
policies to ensure that discharge planning and procedures—
are accomplished in a timely fashion prior to the release from custody of each adjudicated juvenile; and
do not delay the release from custody of the juvenile; and
provide a description of the use by the State of funds for reentry and aftercare services for juveniles released from the juvenile justice system.
;
in subsection (c)—
in the matter preceding paragraph (1)—
by striking
applicable requirements of paragraphs (11), (12), (13), and (22) of
subsection (a)
and inserting core requirements
;
and
by striking
2001, then
and inserting 2008
;
in paragraph (1),
by striking , and
at the end and inserting a semicolon;
in paragraph (2)(B)(ii)—
by inserting
, administrative,
after appropriate executive
;
and
by striking the
period at the end and inserting , as specified in section 222(c);
and
; and
by adding at the end the following:
the State shall submit to the Administrator a report detailing the reasons for noncompliance with the core requirements, including the plan of the State to regain full compliance, and the State shall make publicly available such report, not later than 30 days after the date on which the Administrator approves the report, by posting the report on a publicly available website.
;
in subsection (d)—
by striking
section 222(d)
and inserting section
222(e)
;
by striking
described in paragraphs (11), (12), (13) and (22) of subsection
(a)
and inserting described in the core requirements
;
and
by striking
the requirements under paragraphs (11), (12), (13) and (22) of
subsection (a)
and inserting the core requirements
;
and
by striking subsection (f) and inserting the following:
Compliance determination
Not later than 60 days after the date of receipt of information indicating that a State may be out of compliance with any of the core requirements, the Administrator shall—
determine whether the State is in compliance with the core requirements;
issue a public report describing the determination described in paragraph (1), 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
make the report described in paragraph (2) available on a publicly available website.
Technical assistance
Organization of State advisory group member representatives
The Administrator shall provide technical and financial assistance to an agency, institution, or organization to assist in carrying out the activities described in paragraph (3). The functions and activities of an agency, institution, or organization under this subsection shall not be subject to the Federal Advisory Committee Act.
Composition
To be eligible to receive assistance under this subsection, an agency, institution, or organization shall—
be governed by individuals who—
have been appointed by a chief executive of a State to serve as a member of a State advisory group established under subsection (a)(3); and
are elected to serve as a governing officer of such an agency, institution, or organization by a majority of the member Chairs (or the designees of the member Chairs) of all State advisory groups established under subsection (a)(3);
include member representatives—
from a majority of the State advisory groups established under subsection (a)(3); and
who are representative of regionally and demographically diverse State jurisdictions; and
annually seek advice from the Chairs (or the designees of the member Chairs) of each State advisory group established under subsection (a)(3) to implement the advisory functions specified in subparagraphs (D) and (E) of paragraph (3) of this subsection.
Activities
To be eligible to receive assistance under this subsection, an agency, institution, or organization shall agree to—
conduct an annual conference of the member representatives of the State advisory groups established under subsection (a)(3) for purposes relating to the activities of such State advisory groups;
disseminate information, data, standards, advanced techniques, and program models;
review Federal policies regarding juvenile justice and delinquency prevention;
advise the Administrator regarding particular functions or aspects of the work of the Office; and
advise the President and Congress regarding State perspectives on the operation of the Office and Federal legislation relating to juvenile justice and delinquency prevention.
.
Authority to make grants
Section 241(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(a)) is amended—
in paragraph (1),
by inserting status offenders,
before juvenile offenders,
and juveniles
;
in paragraph (5),
by striking juvenile offenders and juveniles
and inserting
status offenders, juvenile offenders, and juveniles
;
in paragraph (10),
by inserting , including juveniles with disabilities
before the
semicolon;
in paragraph (17),
by inserting truancy prevention and reduction,
after
mentoring,
;
in paragraph (24),
by striking and
at the end;
by redesignating paragraph (25) as paragraph (26); and
by inserting after paragraph (24) the following:
projects that support the establishment of 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, 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; and
.
Research and evaluation; statistical analyses; information dissemination
In general
Section 251 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended—
in subsection (a)—
in paragraph (1)—
in the matter
proceeding subparagraph (A), by striking may
and inserting
shall
;
in subparagraph
(A), by striking plan and identify
and inserting annually
provide a written and publicly available plan to identify
; and
in subparagraph (B)—
by amending clause (iii) to read as follows:
successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the criminal justice system;
;
by amending clause (vii) to read as follows:
the prevalence and duration of behavioral health needs (including mental health, substance abuse, and co-occurring disorders) among juveniles pre-placement and post-placement when held in the custody of secure detention and corrections facilities, including an examination of the effects of confinement;
;
by redesignating clauses (ix), (x), and (xi) as clauses (xi), (xii), and (xiii), respectively; and
by inserting after clause (viii) the following:
training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices;
methods to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, 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;
; and
in paragraph (4)—
in the matter
preceding subparagraph (A), by inserting and not later than 1 year after
the date of enactment of the Juvenile Justice
and Delinquency Prevention Reauthorization Act of 2008
after date of enactment of this paragraph
;
in subparagraph
(F), by striking and
at the end;
in subparagraph (G), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
a description of the best practices in discharge planning; and
an assessment of living arrangements for juveniles who cannot return to the homes of the juveniles.
;
in subsection (b),
in the matter preceding paragraph (a), by striking may
and
inserting shall
; and
by adding at the end the following:
National recidivism measure
The Administrator shall—
establish a uniform method of data collection and technology that States shall use to evaluate data on juvenile recidivism on an annual basis;
establish a common national juvenile recidivism measurement system; and
make cumulative juvenile recidivism data that is collected from States available to the public.
.
Studies
In general
The Administrator shall conduct a study and publish a report on the differences between male and female juvenile offenders that includes analyses of—
risk factors specific to the development of delinquent behavior in girls;
the mental health needs of delinquent girls and girls at risk of delinquency;
delinquency prevention and intervention programs that are effective among girls; and
how prevention and intervention programs for delinquent girls and girls at-risk of delinquency can be made more effective.
Assessment of treating juveniles as adults
The Administrator shall—
not later than 3 years after the date of enactment of this Act, assess the effectiveness of the practice of treating juveniles as adults for purposes of prosecution in criminal court; and
not later than 42 months after the date of enactment of this Act, submit to Congress and the President, and make publicly available, a report on the findings and conclusions of the assessment under subparagraph (A) and any recommended changes in law identified as a result of the assessment under subparagraph (A).
Outcome study of former juvenile offenders
The Administrator shall conduct a study of adjudicated juveniles and publish a report on the outcomes for juveniles who have reintegrated into the community, which shall include information on the outcomes relating to family reunification, housing, education, employment, health care, behavioral health care, and repeat offending.
Definition of Administrator
In this subsection, the term Administrator means the head of the Office of Juvenile Justice and Delinquency Prevention.
Training and technical assistance
Section 252 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5662) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by striking may
;
in paragraph (1),
by inserting shall
before develop and carry out
projects
; and
in paragraph (2),
by inserting may
before make grants to and contracts
with
;
in subsection (b)—
in the matter
preceding paragraph (1), by striking may
;
in paragraph (1)—
by inserting
shall
before develop and implement projects
;
and
by striking
and
at the end;
in paragraph (2)—
by inserting
may
before make grants to and contracts with
;
and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
shall provide technical assistance to States and units of local government on achieving compliance with the amendments made by the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008; and
shall provide technical assistance to States in support of efforts to establish partnerships between the 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, 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.
; and
by adding at the end the following:
Technical assistance to States regarding legal representation of children
The Administrator shall develop and issue standards of practice for attorneys representing children, and ensure that the standards are adapted for use in States.
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 to promote evidence based and promising methods for improving conditions of juvenile confinement, including those that are designed to minimize the use of dangerous practices, unreasonable restraints, and isolation.
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 of cases for youth who enter the juvenile justice system, including—
juvenile justice intake personnel;
probation officers;
juvenile court judges and court services personnel;
prosecutors and court-appointed counsel; and
family members of juveniles and family advocates.
.
Incentive grants for State and local programs
Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended—
by redesignating part F as part G; and
by inserting after part E the following:
Incentive grants for State and local programs
Incentive grants
Incentive grant funds
The Administrator may make incentive grants to a State, unit of local government, or combination of States and local governments to assist a State, unit of local government, or combination thereof in carrying out an activity identified in subsection (b)(1).
Use of funds
In general
An incentive grant made by the Administrator under this section may be used to—
increase the use of evidence based or promising prevention and intervention programs;
improve the recruitment, selection, training, and retention of professional personnel (including in the fields of medicine, law enforcement, judiciary, juvenile justice, social work, and child prevention) who are engaged in, or intend to work in, the field of prevention, intervention, and treatment of juveniles to reduce delinquency;
establish a partnership between juvenile justice agencies of a State or unit of local government and mental health authorities of State or unit of local government to establish and implement programs to ensure there are adequate mental health and substance abuse screening, assessment, referral, treatment, and after-care services for juveniles who come into contact with the justice system;
provide training, in conjunction with the public or private agency that provides mental health services, to individuals involved in making decisions involving youth who enter the juvenile justice system (including intake personnel, law enforcement, prosecutors, juvenile court judges, public defenders, mental health and substance abuse service providers and administrators, probation officers, and parents) that focuses on—
the availability of screening and assessment tools and the effective use of such tools;
the purpose, benefits, and need to increase availability of mental health or substance abuse treatment programs (including home-based and community-based programs) available to juveniles within the jurisdiction of the recipient;
the availability of public and private services available to juveniles to pay for mental health or substance abuse treatment programs; or
the appropriate use of effective home-based and community-based alternatives to juvenile justice or mental health system institutional placement; and
provide services to juveniles with mental health or substance abuse disorders who are at risk of coming into contact with the justice system.
Coordination and administration
A State or unit of local government receiving a grant under this section shall ensure that—
the use of the grant under this section is developed as part of the State plan required under section 223(a); and
not more than 5 percent of the amount received under this section is used for administration of the grant under this section.
Application
In general
A State or unit of local government desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe.
Contents
In accordance with guidelines that shall be established by the Administrator, each application for incentive grant funding under this section shall—
describe any activity or program the funding would be used for and how the activity or program is designed to carry out 1 or more of the activities described in subsection (b);
if any of the funds provided under the grant would be used for evidence based or promising prevention or intervention programs, include a detailed description of the studies, findings, or practice knowledge that support the assertion that such programs qualify as evidence based or promising; and
for any program for which funds provided under the grant would be used that is not evidence based or promising, include a detailed description of any studies, findings, or practice knowledge which support the effectiveness of the program.
.
Authorization of appropriations
Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended—
in subsection (a)—
in the subsection
heading, by striking parts C and E
and inserting
parts C, E, and
F
;
in paragraph (1),
by striking this title
and all that follows and inserting the
following: “this title—
$196,700,000 for fiscal year 2009;
$245,900,000 for fiscal year 2010;
$295,100,000 for fiscal year 2011;
$344,300,000 for fiscal year 2012; and
$393,500,000 for fiscal year 2013.
; and
in paragraph (2),
in the matter preceding subparagraph (A), by striking parts C and
E
and inserting parts C, E, and F
;
in subsection (b),
by striking fiscal years 2003, 2004, 2005, 2006, and 2007
and
inserting fiscal years 2009, 2010, 2011, 2012, and 2013
;
in subsection (c),
by striking fiscal years 2003, 2004, 2005, 2006, and 2007
and
inserting fiscal years 2009, 2010, 2011, 2012, and 2013
;
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following:
Authorization of appropriations for part F
There are authorized to be appropriated to carry out part F, and authorized to remain available until expended, $60,000,000 for each of fiscal years 2009, 2010, 2011, 2012, and 2013. Of the sums that are appropriated for a fiscal year to carry out part F, not less than 50 percent shall be used to fund programs that are carrying out an activity described in subparagraph (C), (D), or (E) of section 271(b)(1).
.
Administrative authority
Section 299A(e) of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5672(e))
is amended by striking requirements described in paragraphs (11), (12),
and (13) of section 223(a)
and inserting core
requirements
.
Technical and conforming amendments
The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended—
in section
204(b)(6), by striking section 223(a)(15)
and inserting
section 223(a)(16)
;
in section 246(a)(2)(D), by striking
section 222(c)
and inserting section 222(d)
;
and
in section 299D(b), of by striking
section 222(c)
and inserting section
222(d)
.
Incentive grants for local delinquency prevention programs
Definitions
Section 502 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended—
in the section heading, by striking
DEFINITION
and inserting
DEFINITIONS
; and
by striking
this title, the term
and inserting the following: “this
title—
the term mentoring means matching 1 adult with 1 or more youths (not to exceed 4 youths) for the purpose of providing guidance, support, and encouragement aimed at developing the character of the youths, where the adult and youths meet regularly for not less than 4 hours each month for not less than a 9-month period; and
the term
.
Grants for delinquency prevention programs
Section 504(a) of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5783(a)) is amended—
in paragraph (7),
by striking and
at the end;
in paragraph (8),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
mentoring programs.
.
Authorization of appropriations
Section 505 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5784) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this title—
$272,200,000 for fiscal year 2009;
$322,800,000 for fiscal year 2010;
$373,400,000 for fiscal year 2011;
$424,000,000 for fiscal year 2012; and
$474,600,000 for fiscal year 2013.
.
Technical and conforming amendment
The Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking title V, as added by the Juvenile Justice and Delinquency Prevention Act of 1974 (Public Law 93–415; 88 Stat. 1133) (relating to miscellaneous and conforming amendments).
Short title
This Act may be cited as the
Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2008
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—Findings and declaration of purpose
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
TITLE II—Juvenile Justice and Delinquency Prevention
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Grants to Indian tribes.
Sec. 208. Research and evaluation; statistical analyses; information dissemination.
Sec. 209. Training and technical assistance.
Sec. 210. Incentive grants for State and local programs.
Sec. 211. Authorization of appropriations.
Sec. 212. Administrative authority.
Sec. 213. Technical and conforming amendments.
TITLE III—Incentive grants for local delinquency prevention programs
Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Authorization of appropriations.
Sec. 304. Technical and conforming amendment.
Findings and declaration of purpose
Findings
Section 101 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as follows:
Findings
Congress finds the following:
A growing body of adolescent development research supports the use of developmentally appropriate services and sanctions for youth in the juvenile justice system and those at risk for delinquent behavior to help prevent youth crime and to successfully intervene with youth who have already entered the system.
Research has shown that targeted investments to redirect offending juveniles onto a different path are cost effective and can help reduce juvenile recidivism and adult crime.
Minorities are disproportionately represented in the juvenile justice system.
Between 1990 and 2004, the number of youth in adult jails increased by 208 percent.
Every day in the United States, an average of 7,500 youth are incarcerated in adult jails.
Youth who have been previously tried as adults are, on average, 34 percent more likely to commit crimes than youth retained in the juvenile justice system.
Research has shown that every dollar spent on evidence based programs can yield up to $13 in cost savings.
Each child prevented from engaging in repeat criminal offenses can save the community $1,700,000 to $3,400,000.
Youth are 19 times more likely to commit suicide in jail than youth in the general population and 36 times more likely to commit suicide in an adult jail than in a juvenile detention facility.
Seventy percent of youth in detention are held for nonviolent charges, and more than 2/3 are charged with property offenses, public order offenses, technical probation violations, or status offenses, such as truancy, running away, or breaking curfew.
The prevalence of mental disorders among youth in juvenile justice systems is 2 to 3 times higher than among youth in the general population.
Eighty percent of juveniles in juvenile justice systems have a nexus to substance abuse.
The proportion of girls entering the justice system has increased steadily over the past several decades, rising from 20 percent in 1980 to 29 percent in 2003.
.
Purposes
Section 102 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5602) is amended—
in paragraph (2), by
striking and
at the end;
in paragraph (3), by
striking the period at the end and inserting ; and
; and
by adding at the end the following:
to support a continuum of programs (including delinquency prevention, intervention, mental health and substance abuse treatment, and aftercare) to address the needs of at-risk youth and youth who come into contact with the justice system.
.
Definitions
Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended—
in paragraph (8), by amending subparagraph (C) to read as follows:
an Indian tribe; or
;
by amending paragraph (18) to read as follows:
the term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b);
;
in paragraph (22), by
striking or confine adults
and all that follows and inserting
or confine adult inmates;
;
by amending paragraph (26) to read as follows:
the term adult inmate—
means an individual who—
has reached the age of full criminal responsibility under applicable State law; and
has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense; and
does not include an individual who—
at the time of 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
was committed to the care and custody of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law;
;
in paragraph (28), by
striking and
at the end;
in paragraph (29), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
the term core requirements means the requirements described in paragraphs (11), (12), (13), and (15) of section 223(a);
the term chemical agent means a spray used to temporarily incapacitate a person, including oleoresin capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
the term isolation—
means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and
does not include confinement during regularly scheduled sleeping hours, or for not more than 1 hour during any 24-hour period, in the room or cell in which the youth usually sleeps, protective confinement (for injured youths or youths whose safety is threatened), separation based on an approved treatment program, confinement that is requested by the youth, or the separation of the youth from a group in a non-locked setting for the purpose of calming;
the term restraint has the meaning given that term in section 591 of the Public Health Service Act (42 U.S.C. 290ii);
the term evidence based means a program or practice that is demonstrated to be effective and that—
is based on a clearly articulated and empirically supported theory;
has measurable outcomes, including a detailed description of what outcomes were produced in a particular population; and
has been scientifically tested, optimally through randomized control studies or comparison group studies;
the term promising means a program or practice that is demonstrated to be effective based on positive outcomes from 1 or more objective evaluations, as documented in writing to the Administrator; and
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.
.
Juvenile Justice and Delinquency Prevention
Concentration of Federal efforts
Section
204(a)(2)(B)(i) of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5614(a)(2)(B)(i)) is amended by striking 240 days after the
date of enactment of this paragraph
and inserting July 2,
2009
.
Coordinating Council on Juvenile Justice and Delinquency Prevention
Section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616) is amended—
in subsection (a)—
in paragraph (1)—
by inserting the Administrator of
the Substance Abuse and Mental Health Services Administration, the Secretary of
Defense, the Secretary of Agriculture,
after the Secretary of
Health and Human Services,
; and
by striking
Commissioner of Immigration and Naturalization
and inserting
Assistant Secretary for Immigration and Customs Enforcement
;
and
in paragraph (2)(A), by
inserting (including at least 1 representative from the mental health
fields)
after field of juvenile justice
; and
in subsection (c)—
in paragraph (1), by
striking paragraphs (12)(A), (13), and (14) of section 223(a) of this
title
and inserting the core requirements
; and
in paragraph (2)—
in the matter
preceding subparagraph (A), by inserting , on an annual basis
after collectively
;
in subparagraph (A), by
striking and
at the end;
in subparagraph (B),
by striking
180 days after the date of the enactment of this paragraph
and
inserting May 3, 2009
;
by striking
Committee on Education and the Workforce
and inserting
Committee on Education and Labor
; and
by striking
the period and inserting ; and
; and
by adding at the end the following:
not later than 120 days after the completion of the last meeting in any fiscal year, submit to Congress a report regarding the recommendations described in subparagraph (A), which shall—
include a detailed account of the activities conducted by the Council during the fiscal year, including a complete detailed accounting of expenses incurred by the Coordinating Council to conduct operations in accordance with this section;
be published on the websites of the Department of Justice and the Coordinating Council; and
be in addition to the annual report required by section 207.
.
Annual report
Section 207 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5617) is amended—
in the matter preceding
paragraph (1), by striking a fiscal year
and inserting
each fiscal year
;
in paragraph (1)—
in subparagraph (B), by
inserting , ethnicity,
after
race
;
in subparagraph (E), by
striking and
at the end;
in subparagraph (F)—
by inserting and
other
before disabilities,
; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
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;
the number of juveniles released from custody and the type of living arrangement to which each such juvenile was released; and
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
; and
by adding at the end the following:
A description of the criteria used to determine what programs qualify as evidence based and promising programs under this title and title V and a comprehensive list of those programs the Administrator has determined meet such criteria.
A description of funding provided to Indian tribes under this Act, including direct Federal grants and funding provided to Indian tribes through a State or unit of local government.
An analysis and evaluation of the internal controls at Office of Juvenile Justice and Delinquency Prevention to determine if grantees are following the requirements of Office of Juvenile Justice and Delinquency Prevention grant programs and what remedial action 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 where supporting documentation was not provided for cost reports, where unauthorized expenditures occurred, and where subreceipients of grant funds were not compliant with program requirements.
An analysis and evaluation of the total amount of payments made to grantees that were recouped by the Office of Juvenile Justice and Delinquency Prevention from grantees that were found to be in violation of policies and procedures of the Office of Juvenile Justice and Delinquency Prevention grant programs. This analysis shall include the full name and location of the grantee, the violation of the program found, the amount of funds sought to be recouped by the Office of Juvenile Justice and Delinquency Prevention, and the actual amount recouped by the Office of Juvenile Justice and Delinquency Prevention.
.
Allocation of funds
Technical assistance
Section 221(b)(1) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5631(b)(1)) is amended by
striking 2 percent
and inserting 5
percent
.
Other allocations
Section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended—
in subsection (a)(1), by
striking age eighteen.
and inserting 18 years of age,
based on the most recent census data to monitor any significant changes in the
relative population of people under 18 years of age occurring in the
States.
;
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
by inserting after subsection (b) the following:
If any amount allocated under subsection (a) is withheld from a State due to noncompliance with the core requirements, the funds shall be reallocated for an improvement grant designed to assist the State in achieving compliance with the core requirements.
The Administrator shall condition a grant described in paragraph (1) on—
the State, with the approval of the Administrator, developing specific action steps designed to restore compliance with the core requirements; and
submitting to the Administrator semiannually a report on progress toward implementing the specific action steps developed under subparagraph (A).
The Administrator shall provide appropriate and effective technical assistance directly or through an agreement with a contractor to assist a State receiving a grant described in paragraph (1) in achieving compliance with the core requirements.
;
in subsection (d), as so
redesignated, by striking efficient administration, including
monitoring, evaluation, and one full-time staff position
and inserting
effective and efficient administration, including the designation of at
least 1 person to coordinate efforts to achieve and sustain compliance with the
core requirements
; and
in subsection (e), as so
redesignated, by striking 5 per centum of the minimum
and
inserting not more than 5 percent of the
.
State plans
Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended—
in subsection (a)—
in the matter preceding
paragraph (1), by inserting Not later than 30 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 a publicly available website.
after
compliance with State plan requirements.
;
in paragraph (3)—
in subparagraph (A)(ii)—
in subclause (II), by
striking counsel for children and youth
and inserting
publicly supported court-appointed legal counsel for children and youth
charged in delinquency matters
;
in subclause (III), by
striking mental health, education, special education
and
inserting children’s mental health, education, child and adolescent
substance abuse, special education, services for youth with
disabilities
;
in subclause (V), by
striking delinquents or potential delinquents
and inserting
delinquent youth or youth at risk of delinquency, including volunteers
who work with youth of color
;
in subclause (VII), by
striking and
at the end;
by redesignating subclause (VIII) as subclause (XI);
by inserting after subclause (VII) the following:
the executive director or the designee of the executive director of a public or nonprofit entity that is located in the State and receiving a grant under part A of title III;
persons with expertise and competence in preventing and addressing mental health or substance abuse problems in juvenile delinquents and those at-risk of delinquency;
representatives of victim or witness advocacy groups; and
; and
in subclause (XI), as
so redesignated, by striking disabilities
and inserting
and other disabilities, truancy reduction or school
failure
;
in subparagraph (D)(ii),
by striking requirements of paragraphs (11), (12), and (13)
and
inserting core requirements
; and
in subparagraph (E)(i),
by adding and
at the end;
in paragraph (5)—
in the matter preceding
subparagraph (A), by striking section 222(d)
and inserting
section 222(e)
; and
in subparagraph (C), by
striking Indian tribes
and all that follows through
applicable to the detention and confinement of juveniles
and
inserting Indian tribes that agree to attempt to comply with the core
requirements applicable to the detention and confinement of
juveniles
;
in paragraph (7)(B)—
by striking clause (i) and inserting the following:
a plan for ensuring that the chief executive officer of the State, State legislature, and all appropriate public agencies in the State with responsibility for provision of services to children, youth and families are informed of the requirements of the State plan and compliance with the core requirements;
;
in clause (iii), by
striking and
at the end; and
by striking clause (iv) and inserting the following:
a plan to provide alternatives to detention, including diversion to home-based or community-based services that are culturally and linguistically competent 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;
a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting placement in residential treatment programs;
a plan to engage family members in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement; and
a plan to use community-based services to address the needs of at-risk youth or youth who have come into contact with the juvenile justice system;
;
in paragraph (8), by
striking existing
and inserting evidence based and
promising
;
in paragraph (9)—
in the matter preceding
subparagraph (A), by striking section 222(d)
and inserting
section 222(e)
;
in subparagraph (A)(i),
by inserting status offenders and other
before youth who
need
;
in subparagraph (B)(i)—
by striking
parents and other family members
and inserting status
offenders, other youth, and the parents and other family members of such
offenders and youth
; and
by striking be
retained
and inserting remain
;
by redesignating subparagraphs (G) through (S) as subparagraphs (J) through (V), respectively;
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
by inserting after subparagraph (D) the following:
providing training and technical assistance to, and consultation with, juvenile justice and child welfare agencies of States and units of local government to develop coordinated plans for early intervention and treatment of youth who have a history of abuse and juveniles who have prior involvement with the juvenile justice system;
;
in subparagraph (G), as
so redesignated, by striking expanding
and inserting
programs to expand
;
by inserting after subparagraph (G), as so redesignated, the following:
programs to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, 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;
expanding access to publicly supported, court-appointed legal counsel and enhancing capacity for the competent representation of every child;
;
in subparagraph (O), as so redesignated—
in clause (i), by
striking restraints
and inserting alternatives
;
and
in clause (ii), by
striking by the provision
; and
in subparagraph (V), as so redesignated, by striking the period at the end and inserting a semicolon;
in paragraph (11)—
in subparagraph (A), by
striking and
at the end;
in subparagraph (B), by
adding and
at the end; and
by adding at the end the following:
encourage the use of community-based alternatives to secure detention, including programs of public and nonprofit entities receiving a grant under part A of title III;
;
by striking paragraph (22);
by redesignating paragraphs (23) through (28) as paragraphs (24) through (29), respectively;
by redesignating paragraphs (14) through (21) as paragraphs (16) through (23), respectively;
by inserting after paragraph (13) the following:
require that—
not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008, 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—
shall not have contact with adult inmates; and
except as provided in paragraph (13), may not be held in any jail or lockup for adults;
in determining under subparagraph (A) whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have contact with adult inmates, a court shall consider—
the age of the juvenile;
the physical and mental maturity of the juvenile;
the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile;
the nature and circumstances of the alleged offense;
the juvenile’s history of prior delinquent acts;
the relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the public;
whether placement in a juvenile facility will better serve the long-term interests of the juvenile and be more likely to prevent recidivism;
the availability of programs designed to treat the juvenile's behavioral problems; and
any other relevant factor; and
if a court determines under subparagraph (A) that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have contact with adult inmates—
the court shall hold a hearing not less frequently than once every 30 days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such contact; and
the juvenile shall not be held in any jail or lockup for adults, or permitted to have 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;
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—
establishing coordinating bodies, composed of juvenile justice stakeholders at the State, local, or tribal levels, to oversee and monitor efforts by States, units of local government, and Indian tribes to reduce racial and ethnic disparities;
identifying and analyzing key decision points in State, local, or tribal juvenile justice systems to determine which points create racial and ethnic disparities among youth who come into contact with the juvenile justice system;
developing and implementing data collection and analysis systems to identify where racial and ethnic disparities exist in the juvenile justice system and to track and analyze such disparities;
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 subparagraphs (B) and (C); and
publicly reporting, on an annual basis, the efforts made in accordance with subparagraphs (B), (C), and (D);
in paragraph (16), as so redesignated—
by striking
adequate system
and inserting effective
system
;
by striking
requirements of paragraph (11),
and all that follows through
monitoring to the Administrator
and inserting the core
requirements are met, and for annual reporting to the Administrator of such
plan, including the results of such monitoring and all related enforcement and
educational activities
; and
by striking , in
the opinion of the Administrator,
;
in paragraph (17), as so
redesignated, by inserting ethnicity,
after
race,
;
in paragraph (24), as so redesignated—
in subparagraph (B), by
striking and
at the end;
in subparagraph (C)—
in clause (i), by
striking and
at the end;
in clause (ii), by
adding and
at the end; and
by adding at the end the following:
if such court determines the juvenile should be placed in a secure detention facility or correctional facility for violating such order—
the court shall issue a written order that—
identifies the valid court order that has been violated;
specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order;
includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a facility, with due consideration to the best interest of the juvenile;
specifies the length of time, not to exceed 7 days, that the juvenile may remain in a secure detention facility or correctional facility, and includes a plan for the juvenile’s release from such facility; and
may not be renewed or extended; and
the court may not issue a second or subsequent order described in subclause (I) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in subclause (I);
; and
by adding at the end the following:
there are procedures in place to ensure that any juvenile 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, which ever is shorter; and
not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008 with a 1 year extension for each additional year that the State can demonstrate hardship as determined by the Administrator, the State will eliminate the use of valid court orders to provide secure lockup of status offenders;
;
in paragraph (26), as so
redesignated, by striking section 222(d)
and inserting
section 222(e)
;
in paragraph (27), as so redesignated—
by inserting and
in accordance with confidentiality concerns,
after maximum
extent practicable,
; and
by striking the semicolon at the end and inserting the following: “, so as to provide for—
a compilation of data reflecting information on juveniles entering the juvenile justice system with a prior reported history as victims of child abuse or neglect through arrest, court intake, probation and parole, juvenile detention, and corrections; and
a plan to use the data described in subparagraph (A) to provide necessary services for the treatment of victims of child abuse and neglect who have entered, or are at risk of entering, the juvenile justice system;
;
in paragraph (28), as so redesignated—
by striking
establish policies
and inserting establish protocols,
policies, procedures,
; and
by striking
and
at the end;
in paragraph (29), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
provide for the coordinated use of funds provided under this Act with other Federal and State funds directed at juvenile delinquency prevention and intervention programs;
develop policies and procedures, and provide training for facility staff to eliminate the use of dangerous practices, unreasonable restraints, and unreasonable isolation, including by developing effective behavior management techniques;
describe—
how the State will ensure that mental health and substance abuse screening, assessment, referral, and treatment for juveniles in the juvenile justice system includes efforts to implement an evidence-based mental health and substance abuse disorder screening and assessment program for all juveniles held in a secure facility for a period of more than 24 hours that provides for 1 or more initial screenings and, if an initial screening of a juvenile demonstrates a need, further assessment; and
the method to be used by the State to provide or arrange for mental health and substance abuse disorder treatment for juveniles determined to be in need of such treatment;
provide procedural safeguards to adjudicated juveniles, including—
a written case plan for each juvenile, based on an assessment of the needs of the juvenile and developed and updated in consultation with the juvenile, the family of the juvenile, and, if appropriate, counsel for the juvenile, that—
describes the pre-release and post-release programs and reentry services that will be provided to the juvenile;
describes the living arrangement to which the juvenile is to be discharged; and
establishes a plan for the enrollment of the juvenile in post-release health care, behavioral health care, educational, vocational, training, family support, public assistance, and legal services programs, as appropriate;
as appropriate, a hearing that—
shall take place in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, not earlier than 30 days before the date on which the juvenile is scheduled to be released, and at which the juvenile would be represented by counsel; and
shall determine the discharge plan for the juvenile, including a determination of whether a safe, appropriate, and permanent living arrangement has been secured for the juvenile and whether enrollment in health care, behavioral health care, educational, vocational, training, family support, public assistance and legal services, as appropriate, has been arranged for the juvenile; and
policies to ensure that discharge planning and procedures—
are accomplished in a timely fashion prior to the release from custody of each adjudicated juvenile; and
do not delay the release from custody of the juvenile; and
provide a description of the use by the State of funds for reentry and aftercare services for juveniles released from the juvenile justice system.
;
in subsection (c)—
in the matter preceding paragraph (1)—
by striking
applicable requirements of paragraphs (11), (12), (13), and (22) of
subsection (a)
and inserting core requirements
;
and
by striking 2001,
then
and inserting 2008
;
in paragraph (1)—
by striking the
subsequent fiscal year
and inserting that fiscal year
;
and
by striking ,
and
at the end and inserting a semicolon;
in paragraph (2)(B)(ii)—
by inserting ,
administrative,
after appropriate executive
; and
by striking the period
at the end and inserting , as specified in section 222(c); and
;
and
by adding at the end the following:
the State shall submit to the Administrator a report detailing the reasons for noncompliance with the core requirements, including the plan of the State to regain full compliance, and the State shall make publicly available such report, not later than 30 days after the date on which the Administrator approves the report, by posting the report on a publicly available website.
;
in subsection (d)—
by striking
section 222(d)
and inserting section
222(e)
;
by striking
described in paragraphs (11), (12), (13), and (22) of subsection
(a)
and inserting described in the core requirements
;
and
by striking the
requirements under paragraphs (11), (12), (13), and (22) of subsection
(a)
and inserting the core requirements
; and
by striking subsection (f) and inserting the following:
Compliance determination
In general
Not later than 60 days after the date of receipt of information indicating that a State may be out of compliance with any of the core requirements, the Administrator shall determine whether the State is in compliance with the core requirements.
Reporting
The Administrator shall—
issue an annual public report—
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
for any such determination that a State is out of compliance with any of the core requirements, describing the basis for the determination; and
make the report described in subparagraph (A) available on a publicly available website.
Technical assistance
Organization of State advisory group member representatives
The Administrator shall provide technical and financial assistance to an agency, institution, or organization to assist in carrying out the activities described in paragraph (3). The functions and activities of an agency, institution, or organization under this subsection shall not be subject to the Federal Advisory Committee Act.
Composition
To be eligible to receive assistance under this subsection, an agency, institution, or organization shall—
be governed by individuals who—
have been appointed by a chief executive of a State to serve as a member of a State advisory group established under subsection (a)(3); and
are elected to serve as a governing officer of such an agency, institution, or organization by a majority of the member Chairs (or the designees of the member Chairs) of all State advisory groups established under subsection (a)(3);
include member representatives—
from a majority of the State advisory groups established under subsection (a)(3); and
who are representative of regionally and demographically diverse State jurisdictions; and
annually seek advice from the Chairs (or the designees of the member Chairs) of each State advisory group established under subsection (a)(3) to implement the advisory functions specified in subparagraphs (D) and (E) of paragraph (3) of this subsection.
Activities
To be eligible to receive assistance under this subsection, an agency, institution, or organization shall agree to—
conduct an annual conference of the member representatives of the State advisory groups established under subsection (a)(3) for purposes relating to the activities of such State advisory groups;
disseminate information, data, standards, advanced techniques, and program models;
review Federal policies regarding juvenile justice and delinquency prevention;
advise the Administrator regarding particular functions or aspects of the work of the Office; and
advise the President and Congress regarding State perspectives on the operation of the Office and Federal legislation relating to juvenile justice and delinquency prevention.
.
Authority to make grants
Section 241(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(a)) is amended—
in paragraph (1), by
inserting status offenders,
before juvenile offenders,
and juveniles
;
in paragraph (5), by
striking juvenile offenders and juveniles
and inserting
status offenders, juvenile offenders, and juveniles
;
in paragraph (10), by
inserting , including juveniles with disabilities
before the
semicolon;
in paragraph (17), by
inserting truancy prevention and reduction,
after
mentoring,
;
in paragraph (24), by
striking and
at the end;
by redesignating paragraph (25) as paragraph (26); and
by inserting after paragraph (24) the following:
projects that support the establishment of 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, 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; and
.
Grants to Indian tribes
In general
Section 246(a)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is amended—
by striking subparagraph (A);
by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and
in subparagraph (B)(ii),
as so redesignated, by striking subparagraph (B)
and inserting
subparagraph (A)
.
Technical and conforming amendment
Section 223(a)(7)(A) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(7)(A)) is amended by
striking (including any geographical area in which an Indian tribe
performs law enforcement functions)
and inserting (including any
geographical area of which an Indian tribe has jurisdiction)
.
Research and evaluation; statistical analyses; information dissemination
In general
Section 251 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended—
in subsection (a)—
in paragraph (1)—
in the matter proceeding
subparagraph (A), by striking may
and inserting
shall
;
in subparagraph (A), by
striking plan and identify
and inserting annually provide
a written and publicly available plan to identify
; and
in subparagraph (B)—
by amending clause (iii) to read as follows:
successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the criminal justice system;
;
by amending clause (vii) to read as follows:
the prevalence and duration of behavioral health needs (including mental health, substance abuse, and co-occurring disorders) among juveniles pre-placement and post-placement when held in the custody of secure detention and corrections facilities, including an examination of the effects of confinement;
;
by redesignating clauses (ix), (x), and (xi) as clauses (xi), (xii), and (xiii), respectively; and
by inserting after clause (viii) the following:
training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices;
methods to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, 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;
; and
in paragraph (4)—
in the matter preceding
subparagraph (A), by inserting and not later than 1 year after the date
of enactment of the Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2008
after
date of enactment of this paragraph
;
in subparagraph (F), by
striking and
at the end;
in subparagraph (G), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
a description of the best practices in discharge planning; and
an assessment of living arrangements for juveniles who cannot return to the homes of the juveniles.
;
in subsection (b), in the
matter preceding paragraph (a), by striking may
and inserting
shall
; and
by adding at the end the following:
National recidivism measure
The Administrator, in consultation with experts in the field of juvenile justice research, recidivism, and date collection, shall—
establish a uniform method of data collection and technology that States shall use to evaluate data on juvenile recidivism on an annual basis;
establish a common national juvenile recidivism measurement system; and
make cumulative juvenile recidivism data that is collected from States available to the public.
.
Studies
Assessment of treating juveniles as adults
The Administrator shall—
not later than 3 years after the date of enactment of this Act, assess the effectiveness of the practice of treating juveniles as adults for purposes of prosecution in criminal court; and
not later than 42 months after the date of enactment of this Act, submit to Congress and the President, and make publicly available, a report on the findings and conclusions of the assessment under subparagraph (A) and any recommended changes in law identified as a result of the assessment under subparagraph (A).
Outcome study of former juvenile offenders
The Administrator shall conduct a study of adjudicated juveniles and publish a report on the outcomes for juveniles who have reintegrated into the community, which shall include information on the outcomes relating to family reunification, housing, education, employment, health care, behavioral health care, and repeat offending.
Definition of Administrator
In this subsection, the term Administrator means the head of the Office of Juvenile Justice and Delinquency Prevention.
Training and technical assistance
Section 252 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5662) is amended—
in subsection (a)—
in the matter preceding
paragraph (1), by striking may
;
in paragraph (1), by
inserting shall
before develop and carry out
projects
; and
in paragraph (2), by
inserting may
before make grants to and contracts
with
;
in subsection (b)—
in the matter preceding
paragraph (1), by striking may
;
in paragraph (1)—
by inserting
shall
before develop and implement projects
;
and
by striking
and
at the end;
in paragraph (2)—
by inserting
may
before make grants to and contracts with
;
and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
shall provide technical assistance to States and units of local government on achieving compliance with the amendments made by the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008; and
shall provide technical assistance to States in support of efforts to establish partnerships between the 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, 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.
; and
by adding at the end the following:
Technical assistance to States regarding legal representation of children
The Administrator shall develop and issue standards of practice for attorneys representing children, and ensure that the standards are adapted for use in States.
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 to—
promote methods for improving conditions of juvenile confinement, including those that are designed to minimize the use of dangerous practices, unreasonable restraints, and isolation; and
encourage alternative behavior management techniques.
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 of cases for youth who enter the juvenile justice system, including—
juvenile justice intake personnel;
probation officers;
juvenile court judges and court services personnel;
prosecutors and court-appointed counsel; and
family members of juveniles and family advocates.
.
Incentive grants for State and local programs
Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended—
by redesignating part F as part G; and
by inserting after part E the following:
Incentive grants for State and local programs
Incentive grants
Incentive grant funds
The Administrator may make incentive grants to a State, unit of local government, or combination of States and local governments to assist a State, unit of local government, or combination thereof in carrying out an activity identified in subsection (b)(1).
Use of funds
In general
An incentive grant made by the Administrator under this section may be used to—
increase the use of evidence based or promising prevention and intervention programs;
improve the recruitment, selection, training, and retention of professional personnel (including in the fields of medicine, law enforcement, judiciary, juvenile justice, social work, and child prevention) who are engaged in, or intend to work in, the field of prevention, intervention, and treatment of juveniles to reduce delinquency;
establish a partnership between juvenile justice agencies of a State or unit of local government and mental health authorities of State or unit of local government to establish and implement programs to ensure there are adequate mental health and substance abuse screening, assessment, referral, treatment, and after-care services for juveniles who come into contact with the justice system by—
carrying out programs that divert from incarceration juveniles who come into contact with the justice system (including facilities contracted for operation by State or local juvenile authorities) and have mental health or substance abuse problems—
when such juveniles are at imminent risk of being taken into custody;
at the time such juveniles are initially taken into custody;
after such juveniles are charged with an offense or act of juvenile delinquency;
after such juveniles are adjudicated delinquent and before case disposition; and
after such juveniles are released from a juvenile facility for the purpose of attending after-care programs; or
improving treatment of juveniles with mental illness by working to ensure—
that—
initial mental health screening is—
completed for a juvenile immediately upon entering the juvenile justice system or a juvenile facility; and
conducted by qualified health and mental health professionals or by staff who have been trained by qualified health, mental health, and substance abuse professionals; and
in the case of screening by staff, the screening results are reviewed by qualified health and mental health professionals not later than 24 hours after the screening;
that a juvenile who suffers from an acute mental disorder, is suicidal, or is in need of detoxification is—
placed in or immediately transferred to an appropriate medical or mental health facility; and
only admitted to a secure correctional facility with written medical clearance;
that—
a juvenile entering the juvenile justice system has a comprehensive assessment conducted and an individualized treatment plan written and implemented—
not later than 2 weeks after the date on which the juvenile enters the juvenile justice system; or
if a juvenile is entering a secure facility, not later than 1 week after the date on which the juvenile enters the juvenile justice system; and
the assessments described in item (aa) are completed by qualified health, mental health, and substance abuse professionals;
that—
if the need for treatment is indicated by the assessment of a juvenile, the juvenile is referred to or treated by a qualified professional;
a juvenile who is receiving treatment for a mental or emotional disorder on the date of the assessment continues to receive treatment;
treatment of a juvenile continues until an additional mental health assessment determines that the juvenile is no longer in need of treatment; and
treatment plans for juveniles are reevaluated at least every 30 days;
that—
discharge plans are prepared for an incarcerated juvenile when the juvenile enters the correctional facility in order to integrate the juvenile back into the family and the community;
discharge plans for an incarcerated juvenile are updated, in consultation with the family or guardian of a juvenile, before the juvenile leaves the facility; and
discharge plans address the provision of aftercare services;
that any juvenile in the juvenile justice system receiving psychotropic medications is—
under the care of a licensed psychiatrist; and
monitored regularly by trained staff to evaluate the efficacy and side effects of the psychotropic medications; and
that specialized treatment and services are continually available to a juvenile in the juvenile justice system who has—
a history of mental health problems or treatment;
a documented history of sexual offenses or sexual abuse, as a victim or perpetrator;
a substance abuse problem, health problem, learning disability, or history of family abuse or violence; or
developmental disabilities;
provide training, in conjunction with the public or private agency that provides mental health services, to individuals involved in making decisions involving youth who enter the juvenile justice system (including intake personnel, law enforcement, prosecutors, juvenile court judges, public defenders, mental health and substance abuse service providers and administrators, probation officers, and parents) that focuses on—
the availability of screening and assessment tools and the effective use of such tools;
the purpose, benefits, and need to increase availability of mental health or substance abuse treatment programs (including home-based and community-based programs) available to juveniles within the jurisdiction of the recipient;
the availability of public and private services available to juveniles to pay for mental health or substance abuse treatment programs; or
the appropriate use of effective home-based and community-based alternatives to juvenile justice or mental health system institutional placement; and
develop comprehensive collaborative plans to address the service needs of juveniles with mental health or substance abuse disorders who are at risk of coming into contact with the juvenile justice system that—
revise and improve the delivery of intensive home-based and community-based services to juveniles who have been in contact with or who are at risk of coming into contact with the justice system;
determine how the service needs of juveniles with mental health or substance abuse disorders who come into contact with the juvenile justice system will be furnished from the initial detention stage until after discharge in order for these juveniles to avoid further contact with the justice system;
demonstrate that the State or unit of local government has entered into appropriate agreements with all entities responsible for providing services under the plan, such as the agency of the State or unit of local government charged with administering juvenile justice programs, the agency of the State or unit of local government charged with providing mental health services, the agency of the State or unit of local government charged with providing substance abuse treatment services, the educational agency of the State or unit of local government, the child welfare system of the State or local government, and private nonprofit community-based organizations;
ensure that the State or unit of local government has in effect any laws necessary for services to be delivered in accordance with the plan;
establish a network of individuals (or incorporates an existing network) to provide coordination between mental health service providers, substance abuse service providers, probation and parole officers, judges, corrections personnel, law enforcement personnel, State and local educational agency personnel, parents and families, and other appropriate parties regarding effective treatment of juveniles with mental health or substance abuse disorders;
provide for cross-system training among law enforcement personnel, corrections personnel, State and local educational agency personnel, mental health service providers, and substance abuse service providers to enhance collaboration among systems;
provide for coordinated and effective aftercare programs for juveniles who have been diagnosed with a mental health or substance abuse disorder and who are discharged from home-based care, community-based care, any other treatment program, secure detention facilities, secure correctional facilities, or jail;
provide for the purchase of technical assistance to support the implementation of the plan;
estimate the costs of implementing the plan and proposes funding sources sufficient to meet the non-Federal funding requirements for implementation of the plan under subsection (c)(2)(E);
describe the methodology to be used to identify juveniles at risk of coming into contact with the juvenile justice system;
provide a written plan to ensure that all training and services provided under the plan will be culturally and linguistically competent; and
describe the outcome measures and benchmarks that will be used to evaluate the progress and effectiveness of the plan.
Coordination and administration
A State or unit of local government receiving a grant under this section shall ensure that—
the use of the grant under this section is developed as part of the State plan required under section 223(a); and
not more than 5 percent of the amount received under this section is used for administration of the grant under this section.
Application
In general
A State or unit of local government desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe.
Contents
In accordance with guidelines that shall be established by the Administrator, each application for incentive grant funding under this section shall—
describe any activity or program the funding would be used for and how the activity or program is designed to carry out 1 or more of the activities described in subsection (b);
if any of the funds provided under the grant would be used for evidence based or promising prevention or intervention programs, include a detailed description of the studies, findings, or practice knowledge that support the assertion that such programs qualify as evidence based or promising;
for any program for which funds provided under the grant would be used that is not evidence based or promising, include a detailed description of any studies, findings, or practice knowledge which support the effectiveness of the program;
if the funds provided under the grant will be used for an activity described in subsection (b)(1)(D), include a certification that the State or unit of local government—
will work with public or private entities in the area to administer the training funded under subsection (b)(1)(D), to ensure that such training is comprehensive, constructive, linguistically and culturally competent, and of a high quality;
is committed to a goal of increasing the diversion of juveniles coming under its jurisdiction into appropriate home-based or community-based care when the interest of the juvenile and public safety allow;
intends to use amounts provided under a grant under this section for an activity described in subsection (b)(1)(D) to further such goal; and
has a plan to demonstrate, using appropriate benchmarks, the progress of the agency in meeting such goal; and
if the funds provided under the grant will be used for an activity described in subsection (b)(1)(D), include a certification that not less than 25 percent of the total cost of the training described in subsection (b)(1)(D) that is conducted with the grant under this section will be contributed by non-Federal sources.
Requirements for grants To establish partnerships
Mandatory reporting
A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall keep records of the incidence and types of mental health and substance abuse disorders in their juvenile justice populations, the range and scope of services provided, and barriers to service. The State or unit of local government shall submit an analysis of this information yearly to the Administrator.
Staff ratios for correctional facilities
A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a secure correctional facility operated by or on behalf of that State or unit of local government—
has a minimum ratio of not fewer than 1 mental health counselor for every 50 juveniles, who shall be professionally trained and certified or licensed;
has a minimum ratio of not fewer than 1 clinical psychologist for every 100 juveniles; and
has a minimum ratio of not fewer than 1 licensed psychiatrist for every 100 juveniles receiving psychiatric care.
Limitation on isolation
A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that—
isolation and seclusion are used only for immediate and short-term security or safety reasons;
no juvenile is placed in isolation without approval of the facility superintendent or chief medical officer or their official staff designee;
all instances in which a juvenile is placed in isolation are documented in the file of a juvenile along with the justification;
a juvenile is in isolation only the amount of time necessary to achieve security and safety of the juvenile and staff;
staff monitor each juvenile in isolation once every 15 minutes and conduct a professional review of the need for isolation at least every 4 hours; and
any juvenile held in seclusion for 24 hours is examined by a physician or licensed psychologist.
Medical and mental health emergencies
A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a correctional facility operated by or on behalf of that State or unit of local government has written policies and procedures on suicide prevention. All staff working in a correctional facility operated by or on behalf of a State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall be trained and certified annually in suicide prevention. A correctional facility operated by or on behalf of a State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall have a written arrangement with a hospital or other facility for providing emergency medical and mental health care. Physical and mental health services shall be available to an incarcerated juvenile 24 hours per day, 7 days per week.
IDEA and Rehabilitation Act
A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that all juvenile facilities operated by or on behalf of the State or unit of local government abide by all mandatory requirements and timelines set forth under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
Fiscal responsibility
A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this section that are used for an activity described in subsection (b)(1)(C).
.
Authorization of appropriations
Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended—
in subsection (a)—
in the subsection
heading, by striking parts C and E
and inserting
parts C, E, and
F
;
in paragraph (1), by
striking this title
and all that follows and inserting the
following: “this title—
$196,700,000 for fiscal year 2009;
$245,900,000 for fiscal year 2010;
$295,100,000 for fiscal year 2011;
$344,300,000 for fiscal year 2012; and
$393,500,000 for fiscal year 2013.
; and
in paragraph (2), in the
matter preceding subparagraph (A), by striking parts C and E
and
inserting parts C, E, and F
;
in subsection (b), by
striking fiscal years 2003, 2004, 2005, 2006, and 2007
and
inserting fiscal years 2009, 2010, 2011, 2012, and 2013
;
in subsection (c), by
striking fiscal years 2003, 2004, 2005, 2006, and 2007
and
inserting fiscal years 2009, 2010, 2011, 2012, and 2013
;
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following:
Authorization of appropriations for part F
In general
There are authorized to be appropriated to carry out part F, and authorized to remain available until expended, $80,000,000 for each of fiscal years 2009, 2010, 2011, 2012, and 2013.
Allocation
Of the sums that are appropriated for a fiscal year to carry out part F—
not less than 40 percent shall be used to fund programs that are carrying out an activity described in subparagraph (C), (D), or (E) of section 271(b)(1); and
not less than 50 percent shall be used to fund programs that are carrying out an activity described in subparagraph (A) of that section.
.
Administrative authority
Section 299A(e) of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5672(e))
is amended by striking requirements described in paragraphs (11), (12),
and (13) of section 223(a)
and inserting core
requirements
.
Technical and conforming amendments
The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended—
in section 204(b)(6), by
striking section 223(a)(15)
and inserting section
223(a)(16)
;
in section 246(a)(2)(D), by striking
section 222(c)
and inserting section 222(d)
;
and
in section 299D(b), of by striking
section 222(c)
and inserting section
222(d)
.
Incentive grants for local delinquency prevention programs
Definitions
Section 502 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended—
in the section heading, by striking
DEFINITION
and inserting
DEFINITIONS
; and
by striking this
title, the term
and inserting the following: “this title—
the term mentoring means matching 1 adult with 1 or more youths (not to exceed 4 youths) for the purpose of providing guidance, support, and encouragement aimed at developing the character of the youths, where the adult and youths meet regularly for not less than 4 hours each month for not less than a 9-month period; and
the term
.
Grants for delinquency prevention programs
Section 504(a) of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5783(a)) is amended—
in paragraph (7), by
striking and
at the end;
in paragraph (8), by
striking the period at the end and inserting ; and
; and
by adding at the end the following:
mentoring programs.
.
Authorization of appropriations
Section 505 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5784) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this title—
$272,200,000 for fiscal year 2009;
$322,800,000 for fiscal year 2010;
$373,400,000 for fiscal year 2011;
$424,000,000 for fiscal year 2012; and
$474,600,000 for fiscal year 2013.
.
Technical and conforming amendment
The Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking title V, as added by the Juvenile Justice and Delinquency Prevention Act of 1974 (Public Law 93–415; 88 Stat. 1133) (relating to miscellaneous and conforming amendments).
September 18 (legislative day, September 17), 2008
Reported with an amendment