th d congress session h. r. 5963 · september 8, 2016 mr. curbelo of florida (for himself, mr....

I

114TH CONGRESS 2D SESSION H. R. 5963

To reauthorize and improve the Juvenile Justice and Delinquency Prevention

Act of 1974, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 8, 2016

Mr. CURBELO of Florida (for himself, Mr. CARTER of Georgia, Mr. KLINE,

Mr. SCOTT of Virginia, Mrs. DAVIS of California, and Ms. WILSON of

Florida) introduced the following bill; which was referred to the Com-

mittee on Education and the Workforce

A BILL To reauthorize and improve the Juvenile Justice and

Delinquency Prevention Act of 1974, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Supporting Youth Op-4

portunity and Preventing Delinquency Act of 2016’’. 5

SEC. 2. TABLE OF CONTENTS. 6

The table of contents for this Act is as follows: 7

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—DECLARATION OF FINDINGS, PURPOSE, AND

DEFINITIONS

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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 Preven-

tion.

Sec. 203. Annual report.

Sec. 204. Allocation of funds.

Sec. 205. State plans.

Sec. 206. Repeal of juvenile delinquency prevention block grant program.

Sec. 207. Research and evaluation; statistical analyses; information dissemina-

tion.

Sec. 208. Training and technical assistance.

Sec. 209. Authorization of appropriations.

Sec. 210. Administrative authority.

TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY

PREVENTION PROGRAMS

Sec. 301. Short title.

Sec. 302. Definitions.

Sec. 303. Duties and functions of the administrator.

Sec. 304. Grants for delinquency prevention programs.

Sec. 305. Grants for tribal delinquency prevention and response programs.

Sec. 306. Authorization of appropriations.

Sec. 307. Technical and conforming amendment.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Evaluation by Government Accountability Office.

Sec. 402. Accountability and oversight.

TITLE I—DECLARATION OF 1

FINDINGS, PURPOSE, AND 2

DEFINITIONS 3

SEC. 101. FINDINGS. 4

Section 101(a)(9) of the Juvenile Justice and Delin-5

quency Prevention Act of 1974 (42 U.S.C. 5601(a)(9)) is 6

amended by inserting ‘‘, including offenders who enter the 7

juvenile justice system as the result of sexual abuse, ex-8

ploitation, and trauma,’’ after ‘‘young juvenile offenders’’. 9


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SEC. 102. PURPOSES. 1

Section 102 of the Juvenile Justice and Delinquency 2

Prevention Act of 1974 (42 U.S.C. 5602) is amended— 3

(1) in paragraph (1), by inserting ‘‘, tribal,’’ 4

after ‘‘State’’; 5

(2) in paragraph (2)— 6

(A) by inserting ‘‘, tribal,’’ after ‘‘State’’; 7

and 8

(B) by striking ‘‘and’’ at the end; 9

(3) by amending paragraph (3) to read as fol-10

lows: 11

‘‘(3) to assist State, tribal, and local govern-12

ments in addressing juvenile crime through the pro-13

vision of technical assistance, research, training, 14

evaluation, and the dissemination of current and rel-15

evant information on effective and evidence-based 16

programs and practices for combating juvenile delin-17

quency; and’’; and 18

(4) by adding at the end the following: 19

‘‘(4) to support a continuum of evidence-based 20

or promising programs (including delinquency pre-21

vention, intervention, mental health, behavioral 22

health and substance abuse treatment, family serv-23

ices, and services for children exposed to violence) 24

that are trauma informed, reflect the science of ado-25

lescent development, and are designed to meet the 26


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needs of at-risk youth and youth who come into con-1

tact with the justice system.’’. 2

SEC. 103. DEFINITIONS. 3




(A) in subparagraph (B)(ii), by adding 7

‘‘or’’ at the end; 8

(B) by striking subparagraph (C); and 9

(C) by redesignating subparagraph (D) as 10

subparagraph (C); 11


lows: 13

‘‘(18) the term ‘Indian tribe’ means an Indian 14

tribe, as the term is defined in section 102 of the 15

Federally Recognized Indian Tribe List Act of 1994 16

(25 U.S.C. 479a), that— 17

‘‘(A) is indigenous (as the term is defined 18

in section 83.1 of title 25, Code of Federal Reg-19

ulations (as in effect on the date of enactment 20

of Supporting Youth Opportunity and Pre-21

venting Delinquency Act of 2016)); and 22

‘‘(B) has a criminal justice function, as de-23

termined by the Secretary of the Interior in 24

consultation with the Attorney General;’’; 25


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lows: 2

‘‘(22) the term ‘jail or lockup for adults’ means 3

a secure facility that is used by a State, unit of local 4

government, or law enforcement authority to detain 5

or confine adult inmates;’’; 6


lows: 8

‘‘(25) the term ‘sight or sound contact’ means 9

any physical, clear visual, or verbal contact that is 10

not brief and inadvertent;’’; 11


lows: 13

‘‘(26) the term ‘adult inmate’— 14

‘‘(A) means an individual who— 15

‘‘(i) has reached the age of full crimi-16

nal responsibility under applicable State 17

law; and 18

‘‘(ii) has been arrested and is in cus-19

tody for or awaiting trial on a criminal 20

charge, or is convicted of a criminal of-21

fense; and 22

‘‘(B) does not include an individual who— 23

‘‘(i) at the time of the time of the of-24

fense, was younger than the maximum age 25


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at which a youth can be held in a juvenile 1

facility under applicable State law; and 2

‘‘(ii) was committed to the care and 3

custody or supervision, including post- 4

placement or parole supervision, of a juve-5

nile correctional agency by a court of com-6

petent jurisdiction or by operation of appli-7

cable State law;’’; 8

(6) in paragraph (28), by striking ‘‘and’’ at the 9

end; 10

(7) in paragraph (29), by striking the period at 11

the end and inserting a semicolon; and 12


‘‘(30) the term ‘core requirements’— 14

‘‘(A) means the requirements described in 15

paragraphs (11), (12), (13), and (15) of section 16

223(a); and 17

‘‘(B) does not include the data collection 18

requirements described in subparagraphs (A) 19

through (K) of section 207(1); 20

‘‘(31) the term ‘chemical agent’ means a spray 21

or injection used to temporarily incapacitate a per-22

son, including oleoresin capsicum spray, tear gas, 23

and 2-chlorobenzalmalononitrile gas; 24

‘‘(32) the term ‘isolation’— 25


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‘‘(A) means any instance in which a youth 1

is confined alone for more than 10 minutes in 2

a room or cell; and 3

‘‘(B) does not include— 4

‘‘(i) confinement during regularly 5

scheduled sleeping hours; 6

‘‘(ii) separation based on a treatment 7

program approved by a licensed medical or 8

mental health professional; 9

‘‘(iii) confinement or separation that 10

is requested by the youth; or 11

‘‘(iv) the separation of the youth from 12

a group in a nonlocked setting for the lim-13

ited purpose of calming; 14

‘‘(33) the term ‘restraints’ has the meaning 15

given that term in section 591 of the Public Health 16

Service Act (42 U.S.C. 290ii); 17

‘‘(34) the term ‘evidence-based’ means a pro-18

gram or practice that— 19

‘‘(A) is demonstrated to be effective when 20

implemented with fidelity; 21

‘‘(B) is based on a clearly articulated and 22

empirically supported theory; 23

‘‘(C) has measurable outcomes relevant to 24

juvenile justice, including a detailed description 25


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of the outcomes produced in a particular popu-1

lation, whether urban or rural; and 2

‘‘(D) has been scientifically tested and 3

proven effective through randomized control 4

studies or comparison group studies and with 5

the ability to replicate and scale; 6

‘‘(35) the term ‘promising’ means a program or 7

practice that— 8

‘‘(A) is demonstrated to be effective based 9

on positive outcomes relevant to juvenile justice 10

from one or more objective, independent, and 11

scientifically valid evaluations, as documented 12

in writing to the Administrator; and 13

‘‘(B) will be evaluated through a well-de-14

signed and rigorous study, as described in para-15

graph (34)(D); 16

‘‘(36) the term ‘dangerous practice’ means an 17

act, procedure, or program that creates an unreason-18

able risk of physical injury, pain, or psychological 19

harm to a juvenile subjected to the act, procedure, 20

or program; 21

‘‘(37) the term ‘screening’ means a brief proc-22

ess— 23

‘‘(A) designed to identify youth who may 24

have mental health, behavioral health, sub-25


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stance abuse, or other needs requiring imme-1

diate attention, intervention, and further eval-2

uation; and 3

‘‘(B) the purpose of which is to quickly 4

identify a youth with possible mental health, be-5

havioral health, substance abuse, or other needs 6

in need of further assessment; 7

‘‘(38) the term ‘assessment’ includes, at a min-8

imum, an interview and review of available records 9

and other pertinent information— 10

‘‘(A) by an appropriately trained profes-11

sional who is licensed or certified by the appli-12

cable State in the mental health, behavioral 13

health, or substance abuse fields; and 14

‘‘(B) which is designed to identify signifi-15

cant mental health, behavioral health, or sub-16

stance abuse treatment needs to be addressed 17

during a youth’s confinement; 18

‘‘(39) for purposes of section 223(a)(15), the 19

term ‘contact’ means the points at which a youth 20

and the juvenile justice system or criminal justice 21

system officially intersect, including interactions 22

with a juvenile justice, juvenile court, or law enforce-23

ment official; 24

‘‘(40) the term ‘trauma-informed’ means— 25


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‘‘(A) understanding the impact that expo-1

sure to violence and trauma have on a youth’s 2

physical, psychological, and psychosocial devel-3

opment; 4

‘‘(B) recognizing when a youth has been 5

exposed to violence and trauma and is in need 6

of help to recover from the adverse impacts of 7

trauma; and 8

‘‘(C) responding in ways that resist re-9

traumatization; 10

‘‘(41) the term ‘racial and ethnic disparity’ 11

means minority youth populations are involved at a 12

decision point in the juvenile justice system at high-13

er rates, incrementally or cumulatively, than non-mi-14

nority youth at that decision point; 15

‘‘(42) the term ‘status offender’ means a juve-16

nile who is charged with or who has committed an 17

offense that would not be criminal if committed by 18

an adult; 19

‘‘(43) the term ‘rural’ means an area that is 20

not located in a metropolitan statistical area, as de-21

fined by the Office of Management and Budget; 22

‘‘(44) the term ‘internal controls’ means a proc-23

ess implemented to provide reasonable assurance re-24

garding the achievement of objectives in— 25


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‘‘(A) effectiveness and efficiency of oper-1

ations, such as grant management practices; 2

‘‘(B) reliability of reporting for internal 3

and external use; and 4

‘‘(C) compliance with applicable laws and 5

regulations, as well as recommendations of the 6

Office of Inspector General and the Government 7

Accountability Office; and 8

‘‘(45) the term ‘tribal government’ means the 9

governing body of an Indian tribe.’’. 10

TITLE II—JUVENILE JUSTICE 11

AND DELINQUENCY PREVEN-12

TION 13

SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 14



(1) in subsection (a)— 17

(A) in paragraph (1), in the first sen-18

tence— 19

(i) by striking ‘‘a long-term plan, and 20

implement’’ and inserting the following: ‘‘a 21

long-term plan to improve the juvenile jus-22

tice system in the United States, taking 23

into account scientific knowledge regarding 24

adolescent development and behavior and 25


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regarding the effects of delinquency pre-1

vention programs and juvenile justice 2

interventions on adolescents, and shall im-3

plement’’; and 4

(ii) by striking ‘‘research, and im-5

provement of the juvenile justice system in 6

the United States’’ and inserting ‘‘and re-7

search’’; and 8

(B) in paragraph (2)(B), by striking ‘‘Fed-9

eral Register’’ and all that follows and inserting 10

‘‘Federal Register during the 30-day period 11

ending on October 1 of each year.’’; and 12

(2) in subsection (b)— 13

(A) by striking paragraph (7); 14

(B) by redesignating paragraphs (5) and 15

(6) as paragraphs (6) and (7), respectively; 16

(C) by inserting after paragraph (4), the 17

following: 18

‘‘(5) not later than 1 year after the date of en-19

actment of the Supporting Youth Opportunity and 20

Preventing Delinquency Act of 2016, in consultation 21

with Indian tribes, develop a policy for the Office of 22

Juvenile Justice and Delinquency Prevention to col-23

laborate with representatives of Indian tribes with a 24


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criminal justice function on the implementation of 1

the provisions of this Act relating to Indian tribes;’’; 2

(D) in paragraph (6), as so redesignated, 3

by adding ‘‘and’’ at the end; and 4

(E) in paragraph (7), as so redesignated— 5

(i) by striking ‘‘monitoring’’; 6

(ii) by striking ‘‘section 223(a)(15)’’ 7

and inserting ‘‘section 223(a)(16)’’; and 8

(iii) by striking ‘‘to review the ade-9

quacy of such systems; and’’ and inserting 10

‘‘for monitoring compliance.’’. 11

SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 12

AND DELINQUENCY PREVENTION. 13




(A) in paragraph (1)— 17

(i) by inserting ‘‘the Administrator of 18

the Substance Abuse and Mental Health 19

Services Administration, the Secretary of 20

the Interior,’’ after ‘‘the Secretary of 21

Health and Human Services,’’; and 22

(ii) by striking ‘‘Commissioner of Im-23

migration and Naturalization’’ and insert-24


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ing ‘‘Assistant Secretary for Immigration 1

and Customs Enforcement’’; and 2

(B) in paragraph (2), by striking ‘‘United 3

States’’ and inserting ‘‘Federal Government’’; 4

and 5

(2) in subsection (c)— 6

(A) in paragraph (1), by striking ‘‘para-7

graphs (12)(A), (13), and (14) of section 8

223(a) of this title’’ and inserting ‘‘the core re-9

quirements’’; and 10

(B) in paragraph (2)— 11

(i) in the matter preceding subpara-12

graph (A), by inserting ‘‘, on an annual 13

basis’’ after ‘‘collectively’’; and 14

(ii) by striking subparagraph (B) and 15

inserting the following: 16

‘‘(B) not later than 120 days after the 17

completion of the last meeting of the Council 18

during any fiscal year, submit to the Committee 19

on Education and the Workforce of the House 20

of Representatives and the Committee on the 21

Judiciary of the Senate a report that— 22

‘‘(i) contains the recommendations de-23

scribed in subparagraph (A); 24


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‘‘(ii) includes a detailed account of the 1

activities conducted by the Council during 2

the fiscal year, including a complete de-3

tailed accounting of expenses incurred by 4

the Council to conduct operations in ac-5

cordance with this section; 6

‘‘(iii) is published on the Web sites of 7

the Office of Juvenile Justice and Delin-8

quency Prevention, the Council, and the 9

Department of Justice; and 10

‘‘(iv) is in addition to the annual re-11

port required under section 207.’’. 12

SEC. 203. ANNUAL REPORT. 13



(1) in the matter preceding paragraph (1), by 16

striking ‘‘a fiscal year’’ and inserting ‘‘each fiscal 17

year’’; 18


(A) in subparagraph (B), by striking ‘‘and 20

gender’’ and inserting ‘‘, gender, and ethnicity, 21

as such term is defined by the Bureau of the 22

Census,’’; 23

(B) in subparagraph (E), by striking 24

‘‘and’’ at the end; 25


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(C) in subparagraph (F)— 1

(i) by inserting ‘‘and other’’ before 2

‘‘disabilities,’’; and 3

(ii) by striking the period at the end 4

and inserting a semicolon; and 5

(D) by adding at the end the following: 6

‘‘(G) a summary of data from 1 month of 7

the applicable fiscal year of the use of restraints 8

and isolation upon juveniles held in the custody 9

of secure detention and correctional facilities 10

operated by a State or unit of local government; 11

‘‘(H) the number of status offense cases 12

petitioned to court, number of status offenders 13

held in secure detention, the findings used to 14

justify the use of secure detention, and the av-15

erage period of time a status offender was held 16

in secure detention; 17

‘‘(I) the number of juveniles released from 18

custody and the type of living arrangement to 19

which they are released; 20

‘‘(J) the number of juveniles whose offense 21

originated on school grounds, during school- 22

sponsored off-campus activities, or due to a re-23

ferral by a school official, as collected and re-24


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ported by the Department of Education or simi-1

lar State educational agency; and 2

‘‘(K) the number of juveniles in the cus-3

tody of secure detention and correctional facili-4

ties operated by a State or unit of local govern-5

ment who report being pregnant.’’; and 6


‘‘(5) A description of the criteria used to deter-8

mine what programs qualify as evidence-based and 9

promising programs under this title and title V and 10

a comprehensive list of those programs the Adminis-11

trator has determined meet such criteria in both 12

rural and urban areas. 13

‘‘(6) A description of funding provided to In-14

dian tribes under this Act or for a juvenile delin-15

quency or prevention program under the Tribal Law 16

and Order Act of 2010 (Public Law 111–211; 124 17

Stat. 2261), including direct Federal grants and 18

funding provided to Indian tribes through a State or 19

unit of local government. 20

‘‘(7) An analysis and evaluation of the internal 21

controls at the Office of Juvenile Justice and Delin-22

quency Prevention to determine if grantees are fol-23

lowing the requirements of the Office of Juvenile 24

Justice and Delinquency Prevention grant programs 25


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and what remedial action the Office of Juvenile Jus-1

tice and Delinquency Prevention has taken to re-2

cover any grant funds that are expended in violation 3

of the grant programs, including instances— 4

‘‘(A) in which supporting documentation 5

was not provided for cost reports; 6

‘‘(B) where unauthorized expenditures oc-7

curred; or 8

‘‘(C) where subrecipients of grant funds 9

were not compliant with program requirements. 10

‘‘(8) An analysis and evaluation of the total 11

amount of payments made to grantees that the Of-12

fice of Juvenile Justice and Delinquency Prevention 13

recouped from grantees that were found to be in vio-14

lation of policies and procedures of the Office of Ju-15

venile Justice and Delinquency Prevention grant 16

programs, including— 17

‘‘(A) the full name and location of the 18

grantee; 19

‘‘(B) the violation of the program found; 20

‘‘(C) the amount of funds sought to be re-21

couped by the Office of Juvenile Justice and 22

Delinquency Prevention; and 23


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‘‘(D) the actual amount recouped by the 1

Office of Juvenile Justice and Delinquency Pre-2

vention.’’. 3

SEC. 204. ALLOCATION OF FUNDS. 4

(a) TECHNICAL ASSISTANCE.—Section 221(b)(1) of 5

the Juvenile Justice and Delinquency Prevention Act of 6

1974 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 7

percent’’ and inserting ‘‘5 percent’’. 8

(b) OTHER ALLOCATIONS.—Section 222 of the Juve-9

nile Justice and Delinquency Prevention Act of 1974 (42 10

U.S.C. 5632) is amended— 11


(A) in paragraph (1), by striking ‘‘age 13

eighteen’’ and inserting ‘‘18 years of age, based 14

on the most recent data available from the Bu-15

reau of the Census’’; and 16

(B) by striking paragraphs (2) and (3) and 17


‘‘(2)(A) If the aggregate amount appropriated 19

for a fiscal year to carry out this title is less than 20

$75,000,000, then— 21

‘‘(i) the amount allocated to each State 22

other than a State described in clause (ii) for 23

that fiscal year shall be not less than $400,000; 24

and 25


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‘‘(ii) the amount allocated to the United 1

States Virgin Islands, Guam, American Samoa, 2

and the Commonwealth of the Northern Mar-3

iana Islands for that fiscal year shall be not less 4

than $75,000. 5

‘‘(B) If the aggregate amount appropriated for 6

a fiscal year to carry out this title is not less than 7

$75,000,000, then— 8

‘‘(i) the amount allocated to each State 9

other than a State described in clause (ii) for 10

that fiscal year shall be not less than $600,000; 11

and 12

‘‘(ii) the amount allocated to the United 13

States Virgin Islands, Guam, American Samoa, 14

and the Commonwealth of the Northern Mar-15

iana Islands for that fiscal year shall be not less 16

than $100,000.’’; 17

(2) in subsection (c), by striking ‘‘efficient ad-18

ministration, including monitoring, evaluation, and 19

one full-time staff position’’ and inserting ‘‘effective 20

and efficient administration of funds, including the 21

designation of not less than 1 individual who shall 22

coordinate efforts to achieve and sustain compliance 23

with the core requirements and certify whether the 24

State is in compliance with such requirements’’; and 25


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(3) in subsection (d), by striking ‘‘5 per centum 1

of the minimum’’ and inserting ‘‘not more than 5 2

percent of the’’. 3

SEC. 205. STATE PLANS. 4




(A) in the matter preceding paragraph (1), 8

by striking ‘‘and shall describe the status of 9

compliance with State plan requirements.’’ and 10

inserting ‘‘and shall describe how the State plan 11

is supported by or takes account of scientific 12

knowledge regarding adolescent development 13

and behavior and regarding the effects of delin-14

quency prevention programs and juvenile justice 15

interventions on adolescents. Not later than 60 16

days after the date on which a plan or amended 17

plan submitted under this subsection is final-18

ized, a State shall make the plan or amended 19

plan publicly available by posting the plan or 20

amended plan on the State’s publicly available 21

Web site.’’; 22

(B) in paragraph (2), by striking ‘‘de-23

scribed in section 299(c)(1)’’ and inserting ‘‘as 24


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designated by the chief executive officer of the 1

State’’; 2

(C) in paragraph (3)— 3

(i) in subparagraph (A)— 4

(I) in clause (i), by inserting ‘‘ad-5

olescent development,’’ after ‘‘con-6

cerning’’; 7

(II) in clause (ii)— 8

(aa) in subclause (II), by in-9

serting ‘‘publicly supported court- 10

appointed legal counsel with ex-11

perience representing juveniles in 12

delinquency proceedings,’’ after 13

‘‘youth,’’; 14

(bb) in subclause (III), by 15

striking ‘‘mental health, edu-16

cation, special education’’ and in-17

serting ‘‘child and adolescent 18

mental health, education, child 19

and adolescent substance abuse, 20

special education, services for 21

youth with disabilities’’; 22

(cc) in subclause (V), by 23

striking ‘‘delinquents or potential 24

delinquents’’ and inserting ‘‘de-25


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linquent youth or youth at risk of 1

delinquency’’; 2

(dd) in subclause (VI), by 3

striking ‘‘youth workers involved 4

with’’ and inserting ‘‘representa-5

tives of’’; 6

(ee) in subclause (VII), by 7

striking ‘‘and’’ at the end; and 8

(ff) by striking subclause 9

(VIII) and inserting the fol-10

lowing: 11

‘‘(VIII) persons, licensed or cer-12

tified by the applicable State, with ex-13

pertise and competence in preventing 14

and addressing mental health and 15

substance abuse needs in delinquent 16

youth and youth at risk of delin-17

quency; 18

‘‘(IX) representatives of victim or 19

witness advocacy groups, including at 20

least 1 individual with expertise in ad-21

dressing the challenges of sexual 22

abuse and exploitation and trauma, 23

particularly the needs of special popu-24

lations who experience dispropor-25


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•HR 5963 IH

tionate levels of sexual abuse, exploi-1

tation, and trauma before entering the 2

juvenile justice system; and 3

‘‘(X) for a State in which one or 4

more Indian tribes are located, an In-5

dian tribal representative or other in-6

dividual with significant expertise in 7

tribal law enforcement and juvenile 8

justice in Indian tribal communities;’’; 9

(III) in clause (iv), by striking 10

‘‘24 at the time of appointment’’ and 11

inserting ‘‘28 at the time of initial ap-12

pointment’’; and 13

(IV) in clause (v) by inserting 14

‘‘or, if not feasible and in appropriate 15

circumstances, who is the parent or 16

guardian of someone who has been or 17

is currently under the jurisdiction of 18

the juvenile justice system’’ after ‘‘ju-19

venile justice system’’; 20

(ii) in subparagraph (C), by striking 21

‘‘30 days’’ and inserting ‘‘45 days’’; and 22

(iii) in subparagraph (D)— 23

(I) in clause (i), by striking 24

‘‘and’’ at the end; and 25


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•HR 5963 IH

(II) in clause (ii), by striking ‘‘at 1

least annually recommendations re-2

garding State compliance with the re-3

quirements of paragraphs (11), (12), 4

and (13)’’ and inserting ‘‘at least 5

every 2 years a report and necessary 6

recommendations regarding State 7

compliance with the core require-8

ments’’; and 9

(iv) in subparagraph (E)— 10

(I) in clause (i), by adding ‘‘and’’ 11

at the end; and 12

(II) in clause (ii), by striking the 13

period at the end and inserting a 14

semicolon; 15

(D) in paragraph (5)(C), by striking ‘‘In-16

dian tribes’’ and all that follows through ‘‘appli-17

cable to the detention and confinement of juve-18

niles’’ and inserting ‘‘Indian tribes that agree 19

to attempt to comply with the core require-20

ments applicable to the detention and confine-21

ment of juveniles’’; 22

(E) in paragraph (7)— 23


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•HR 5963 IH

(i) in subparagraph (A), by striking 1

‘‘performs law enforcement functions’’ and 2

inserting ‘‘has jurisdiction’’; and 3

(ii) in subparagraph (B)— 4

(I) in clause (iii), by striking 5


(II) by striking clause (iv) and 7


‘‘(iv) a plan to provide alternatives to 9

detention for status offenders, survivors of 10

commercial sexual exploitation, and others, 11

where appropriate, such as specialized or 12

problem-solving courts or diversion to 13

home-based or community-based services 14

or treatment for those youth in need of 15

mental health, substance abuse, or co-oc-16

curring disorder services at the time such 17

juveniles first come into contact with the 18

juvenile justice system; 19

‘‘(v) a plan to reduce the number of 20

children housed in secure detention and 21

corrections facilities who are awaiting 22

placement in residential treatment pro-23

grams; 24


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•HR 5963 IH

‘‘(vi) a plan to engage family mem-1

bers, where appropriate, in the design and 2

delivery of juvenile delinquency prevention 3

and treatment services, particularly post- 4

placement; 5

‘‘(vii) a plan to use community-based 6

services to respond to the needs of at-risk 7

youth or youth who have come into contact 8

with the juvenile justice system; 9

‘‘(viii) a plan to promote evidence- 10

based and trauma-informed programs and 11

practices; and 12

‘‘(ix) not later than 1 year after the 13

date of enactment of the Supporting Youth 14

Opportunity and Preventing Delinquency 15

Act of 2016, a plan, which shall be imple-16

mented not later than 2 years after the 17

date of enactment of the Supporting Youth 18

Opportunity and Preventing Delinquency 19

Act of 2016, to— 20

‘‘(I) eliminate the use of re-21

straints of known pregnant juveniles 22

housed in secure juvenile detention 23

and correction facilities, during labor, 24

delivery, and post-partum recovery, 25


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•HR 5963 IH

unless credible, reasonable grounds 1

exist to believe the detainee presents 2

an immediate and serious threat of 3

hurting herself, staff, or others; and 4

‘‘(II) eliminate the use of abdom-5

inal restraints, leg and ankle re-6

straints, wrist restraints behind the 7

back, and four-point restraints on 8

known pregnant juveniles, unless— 9

‘‘(aa) credible, reasonable 10

grounds exist to believe the de-11

tainee presents an immediate and 12

serious threat of hurting herself, 13

staff, or others; or 14

‘‘(bb) reasonable grounds 15

exist to believe the detainee pre-16

sents an immediate and credible 17

risk of escape that cannot be rea-18

sonably minimized through any 19

other method;’’; 20

(F) in paragraph (8), by striking ‘‘exist-21

ing’’ and inserting ‘‘evidence-based and prom-22

ising’’; 23

(G) in paragraph (9)— 24


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•HR 5963 IH


graph (A), by inserting ‘‘, with priority in 2

funding given to entities meeting the cri-3

teria for evidence-based or promising pro-4

grams’’ after ‘‘used for’’; 5

(ii) in subparagraph (A)— 6

(I) in clause (i)— 7

(aa) by inserting ‘‘status of-8

fenders and other’’ before ‘‘youth 9

who need’’; and 10

(bb) by striking ‘‘and’’ at 11

the end; 12

(II) in clause (ii) by adding 13


(III) by inserting after clause (ii) 15

the following: 16

‘‘(iii) for youth who are active or 17

former gang members, specialized intensive 18

and comprehensive services that address 19

the unique issues encountered by youth 20

when they become involved with gangs’’; 21

(iii) in subparagraph (B)(i)— 22

(I) by striking ‘‘parents and 23

other family members’’ and inserting 24

‘‘status offenders, other youth, and 25


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•HR 5963 IH

the parents and other family members 1

of such offenders and youth’’; and 2

(II) by striking ‘‘be retained’’ 3

and inserting ‘‘remain’’; 4

(iv) in subparagraph (E)— 5

(I) in the matter preceding clause 6

(i), by striking ‘‘delinquent’’ and in-7

serting ‘‘at-risk or delinquent youth’’; 8

and 9

(II) in clause (i), by inserting ‘‘, 10

including for truancy prevention and 11

reduction’’ before the semicolon; 12

(v) in subparagraph (F), in the mat-13

ter preceding clause (i), by striking ‘‘ex-14

panding’’ and inserting ‘‘programs to ex-15

pand’’; 16

(vi) by redesignating subparagraphs 17

(G) through (S) as subparagraphs (H) 18

through (T), respectively; 19

(vii) by inserting after subparagraph 20

(F), the following: 21

‘‘(G) programs— 22

‘‘(i) to ensure youth have access to 23

appropriate legal representation; and 24


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•HR 5963 IH

‘‘(ii) to expand access to publicly sup-1

ported, court-appointed legal counsel who 2

are trained to represent juveniles in adju-3

dication proceedings, 4

except that the State may not use more than 2 5

percent of the funds received under section 222 6

for these purposes;’’; 7

(viii) in subparagraph (H), as so re-8

designated, by striking ‘‘State,’’ each place 9

the term appears and inserting ‘‘State, 10

tribal,’’; 11

(ix) in subparagraph (M), as so redes-12

ignated— 13

(I) in clause (i)— 14

(aa) by inserting ‘‘pre-adju-15

dication and’’ before ‘‘post-adju-16

dication’’; 17

(bb) by striking ‘‘restraints’’ 18

and inserting ‘‘alternatives’’; and 19

(cc) by inserting ‘‘specialized 20

or problem-solving courts,’’ after 21

‘‘(including’’; and 22

(II) in clause (ii)— 23

(aa) by striking ‘‘by the pro-24

vision by the Administrator’’; and 25


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•HR 5963 IH

(bb) by striking ‘‘to States’’; 1

(x) in subparagraph (N), as redesig-2

nated— 3

(I) by inserting ‘‘and reduce the 4

risk of recidivism’’ after ‘‘families’’; 5

and 6

(II) by striking ‘‘so that juveniles 7

may be retained in their homes’’; 8

(xi) in subparagraph (S), as so redes-9

ignated, by striking ‘‘and’’ at the end; 10

(xii) in subparagraph (T), as so redes-11

ignated— 12

(I) by inserting ‘‘or co-occurring 13

disorder’’ after ‘‘mental health’’; 14

(II) by inserting ‘‘court-involved 15

or’’ before ‘‘incarcerated’’; 16

(III) by striking ‘‘suspected to 17

be’’; 18

(IV) by striking ‘‘and discharge 19

plans’’ and inserting ‘‘provision of 20

treatment, and development of dis-21

charge plans’’; and 22

(V) by striking the period at the 23

end and inserting a semicolon; and 24


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•HR 5963 IH

(xiii) by inserting after subparagraph 1

(T) the following: 2

‘‘(U) programs and projects designed— 3

‘‘(i) to inform juveniles of the oppor-4

tunity and process for sealing and 5

expunging juvenile records; and 6

‘‘(ii) to assist juveniles in pursuing ju-7

venile record sealing and expungements for 8

both adjudications and arrests not followed 9

by adjudications, 10

except that the State may not use more than 2 11

percent of the funds received under section 222 12

for these purposes; 13

‘‘(V) programs that address the needs of 14

girls in or at risk of entering the juvenile justice 15

system, including pregnant girls, young moth-16

ers, survivors of commercial sexual exploitation 17

or domestic child sex trafficking, girls with dis-18

abilities, and girls of color, including girls who 19

are members of an Indian tribe; and 20

‘‘(W) monitoring for compliance with the 21

core requirements and providing training and 22

technical assistance on the core requirements to 23

secure facilities;’’; 24


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•HR 5963 IH

(H) by striking paragraph (11) and insert-1

ing the following: 2

‘‘(11)(A) in accordance with rules issued by the 3

Administrator, provide that a juvenile shall not be 4

placed in a secure detention facility or a secure cor-5

rectional facility, if— 6

‘‘(i) the juvenile is charged with or has 7

committed an offense that would not be crimi-8

nal if committed by an adult, excluding— 9

‘‘(I) a juvenile who is charged with or 10

has committed a violation of section 11

922(x)(2) of title 18, United States Code, 12

or of a similar State law; 13

‘‘(II) a juvenile who is charged with 14

or has committed a violation of a valid 15

court order issued and reviewed in accord-16

ance with paragraph (23); and 17

‘‘(III) a juvenile who is held in ac-18

cordance with the Interstate Compact on 19

Juveniles as enacted by the State; or 20

‘‘(ii) the juvenile— 21

‘‘(I) is not charged with any offense; 22

and 23

‘‘(II)(aa) is an alien; or 24


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•HR 5963 IH

‘‘(bb) is alleged to be dependent, ne-1

glected, or abused; and 2

‘‘(B) require that— 3

‘‘(i) not later than 3 years after the date 4

of enactment of the Supporting Youth Oppor-5

tunity and Preventing Delinquency Act of 2016, 6

unless a court finds, after a hearing and in 7

writing, that it is in the interest of justice, juve-8

niles awaiting trial or other legal process who 9

are treated as adults for purposes of prosecu-10

tion in criminal court and housed in a secure 11

facility— 12

‘‘(I) shall not have sight or sound con-13

tact with adult inmates; and 14

‘‘(II) except as provided in paragraph 15

(13), may not be held in any jail or lockup 16

for adults; 17

‘‘(ii) in determining under subparagraph 18

(A) whether it is in the interest of justice to 19

permit a juvenile to be held in any jail or lock-20

up for adults, or have sight or sound contact 21

with adult inmates, a court shall consider— 22

‘‘(I) the age of the juvenile; 23

‘‘(II) the physical and mental matu-24

rity of the juvenile; 25


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•HR 5963 IH

‘‘(III) the present mental state of the 1

juvenile, including whether the juvenile 2

presents an imminent risk of harm to the 3

juvenile; 4

‘‘(IV) the nature and circumstances of 5

the alleged offense; 6

‘‘(V) the juvenile’s history of prior de-7

linquent acts; 8

‘‘(VI) the relative ability of the avail-9

able adult and juvenile detention facilities 10

to not only meet the specific needs of the 11

juvenile but also to protect the safety of 12

the public as well as other detained youth; 13

and 14

‘‘(VII) any other relevant factor; and 15

‘‘(iii) if a court determines under subpara-16

graph (A) that it is in the interest of justice to 17

permit a juvenile to be held in any jail or lock-18

up for adults— 19

‘‘(I) the court shall hold a hearing not 20

less frequently than once every 30 days, or 21

in the case of a rural jurisdiction, not less 22

frequently than once every 45 days, to re-23

view whether it is still in the interest of 24


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•HR 5963 IH

justice to permit the juvenile to be so held 1

or have such sight or sound contact; and 2

‘‘(II) the juvenile shall not be held in 3

any jail or lockup for adults, or permitted 4

to have sight or sound contact with adult 5

inmates, for more than 180 days, unless 6

the court, in writing, determines there is 7

good cause for an extension or the juvenile 8

expressly waives this limitation;’’; 9

(I) in paragraph (12)(A), by striking ‘‘con-10

tact’’ and inserting ‘‘sight or sound contact’’; 11

(J) in paragraph (13), by striking ‘‘con-12

tact’’ each place it appears and inserting ‘‘sight 13

or sound contact’’; 14

(K) in paragraph (14)— 15

(i) by striking ‘‘adequate system’’ and 16

inserting ‘‘effective system’’; 17

(ii) by inserting ‘‘lock-ups,’’ after 18

‘‘monitoring jails,’’; 19

(iii) by inserting ‘‘and’’ after ‘‘deten-20

tion facilities,’’; 21

(iv) by striking ‘‘, and non-secure fa-22

cilities’’; 23

(v) by striking ‘‘insure’’ and inserting 24

‘‘ensure’’; 25


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•HR 5963 IH

(vi) by striking ‘‘requirements of 1

paragraphs (11), (12), and (13)’’ and in-2

serting ‘‘core requirements’’; 3

(vii) by striking ‘‘requirements of 4

paragraphs (11)’’ and all that follows 5

through ‘‘monitoring to the Administrator’’ 6

and inserting ‘‘core requirements are met, 7

and for annual reporting to the Adminis-8

trator’’; and 9

(viii) by striking ‘‘, in the opinion of 10

the Administrator,’’; 11

(L) by striking paragraphs (22) and (27); 12

(M) by redesignating paragraph (28) as 13

paragraph (27); 14

(N) by redesignating paragraphs (15) 15

through (21) as paragraphs (16) through (22), 16

respectively; 17

(O) by inserting after paragraph (14) the 18

following: 19

‘‘(15) implement policy, practice, and system 20

improvement strategies at the State, territorial, 21

local, and tribal levels, as applicable, to identify and 22

reduce racial and ethnic disparities among youth 23

who come into contact with the juvenile justice sys-24


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•HR 5963 IH

tem, without establishing or requiring numerical 1

standards or quotas, by— 2

‘‘(A) establishing or designating existing 3

coordinating bodies, composed of juvenile jus-4

tice stakeholders, (including representatives of 5

the educational system) at the State, local, or 6

tribal levels, to advise efforts by States, units of 7

local government, and Indian tribes to reduce 8

racial and ethnic disparities; 9

‘‘(B) identifying and analyzing data on 10

race and ethnicity at all decision points in 11

State, local, or tribal juvenile justice systems to 12

determine which key points create racial and 13

ethnic disparities among youth who come into 14

contact with the juvenile justice system; and 15

‘‘(C) developing and implementing a work 16

plan that includes measurable objectives for pol-17

icy, practice, or other system changes, based on 18

the needs identified in the data collection and 19

analysis under subparagraph (B);’’; 20

(P) in paragraph (16), as so redesignated, 21

by inserting ‘‘ethnicity,’’ after ‘‘race,’’; 22

(Q) in paragraph (21), as so redesignated, 23

by striking ‘‘local,’’ each place the term appears 24

and inserting ‘‘local, tribal,’’; 25


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•HR 5963 IH

(R) in paragraph (23)— 1

(i) in subparagraphs (A), (B), and 2

(C), by striking ‘‘juvenile’’ each place it 3

appears and inserting ‘‘status offender’’; 4

(ii) in subparagraph (B), by striking 5


(iii) in subparagraph (C)— 7

(I) in clause (i), by striking 8


(II) in clause (ii), by adding 10


(III) by adding at the end the 12

following: 13

‘‘(iii) if such court determines the sta-14

tus offender should be placed in a secure 15

detention facility or correctional facility for 16

violating such order— 17

‘‘(I) the court shall issue a writ-18

ten order that— 19

‘‘(aa) identifies the valid 20

court order that has been vio-21

lated; 22

‘‘(bb) specifies the factual 23

basis for determining that there 24

is reasonable cause to believe 25


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•HR 5963 IH

that the status offender has vio-1

lated such order; 2

‘‘(cc) includes findings of 3

fact to support a determination 4

that there is no appropriate less 5

restrictive alternative available to 6

placing the status offender in 7

such a facility, with due consider-8

ation to the best interest of the 9

juvenile; 10

‘‘(dd) specifies the length of 11

time, not to exceed 7 days, that 12

the status offender may remain 13

in a secure detention facility or 14

correctional facility, and includes 15

a plan for the status offender’s 16

release from such facility; and 17

‘‘(ee) may not be renewed or 18

extended; and 19

‘‘(II) the court may not issue a 20

second or subsequent order described 21

in subclause (I) relating to a status 22

offender unless the status offender 23

violates a valid court order after the 24


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•HR 5963 IH

date on which the court issues an 1

order described in subclause (I);’’; and 2

(iv) by adding at the end the fol-3

lowing: 4

‘‘(D) there are procedures in place to en-5

sure that any status offender held in a secure 6

detention facility or correctional facility pursu-7

ant to a court order described in this paragraph 8

does not remain in custody longer than 7 days 9

or the length of time authorized by the court, 10

whichever is shorter; and 11

‘‘(E) not later than September 30, 2020 12

(with a 1-year extension for each additional fis-13

cal year that a State can demonstrate hardship, 14

as determined by the State, and submits in 15

writing evidence of such hardship to the Admin-16

istrator which shall be considered approved un-17

less the Administrator justifies to the State in 18

writing that the hardship does not qualify for 19

an exemption), the State will eliminate the use 20

of valid court orders to provide secure confine-21

ment of status offenders, except that juveniles 22

may be held in secure confinement in accord-23

ance with the Interstate Compact for Juveniles 24

if the judge issues a written order that— 25


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•HR 5963 IH

‘‘(i) specifies the factual basis to be-1

lieve that the State has the authority to 2

detain the juvenile under the terms of the 3

Interstate Compact for Juveniles; 4

‘‘(ii) includes findings of fact to sup-5

port a determination that there is no ap-6

propriate less restrictive alternative avail-7

able to placing the juvenile in such a facil-8

ity, with due consideration to the best in-9

terest of the juvenile; 10

‘‘(iii) specifies the length of time a ju-11

venile may remain in secure confinement, 12

not to exceed 15 days, and includes a plan 13

for the return of the juvenile to the home 14

State of the juvenile; and 15

‘‘(iv) may not be renewed or ex-16

tended;’’; 17

(S) in paragraph (26)— 18

(i) by inserting ‘‘and in accordance 19

with confidentiality concerns,’’ after ‘‘max-20

imum extent practicable,’’; and 21

(ii) by striking the semicolon at the 22

end and inserting the following: ‘‘, so as to 23

provide for— 24


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•HR 5963 IH

‘‘(A) data in child abuse or neglect reports 1

relating to juveniles entering the juvenile justice 2

system with a prior reported history of arrest, 3

court intake, probation and parole, juvenile de-4

tention, and corrections; and 5

‘‘(B) a plan to use the data described in 6

subparagraph (A) to provide necessary services 7

for the treatment of such victims of child abuse 8

or neglect;’’; 9

(T) in paragraph (27), as so redesignated, 10

by striking the period at the end and inserting 11

a semicolon; and 12

(U) by adding at the end the following: 13

‘‘(28) provide for the coordinated use of funds 14

provided under this title with other Federal and 15

State funds directed at juvenile delinquency preven-16

tion and intervention programs; 17

‘‘(29) describe the policies, procedures, and 18

training in effect for the staff of juvenile State cor-19

rectional facilities to eliminate the use of dangerous 20

practices, unreasonable restraints, and unreasonable 21

isolation, including by developing effective behavior 22

management techniques; 23

‘‘(30) describe— 24


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•HR 5963 IH

‘‘(A) the evidence-based methods that will 1

be used to conduct mental health and substance 2

abuse screening, assessment, referral, and 3

treatment for juveniles who— 4

‘‘(i) request a screening; 5

‘‘(ii) show signs of needing a screen-6

ing; or 7

‘‘(iii) are held for a period of more 8

than 24 hours in a secure facility that pro-9

vides for an initial screening; and 10

‘‘(B) how the State will seek, to the extent 11

practicable, to provide or arrange for mental 12

health and substance abuse disorder treatment 13

for juveniles determined to be in need of such 14

treatment; 15

‘‘(31) describe how reentry planning by the 16

State for juveniles will include— 17

‘‘(A) a written case plan based on an as-18

sessment of needs that includes— 19

‘‘(i) the pre-release and post-release 20

plans for the juveniles; 21

‘‘(ii) the living arrangement to which 22

the juveniles are to be discharged; and 23


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•HR 5963 IH

‘‘(iii) any other plans developed for 1

the juveniles based on an individualized as-2

sessment; and 3

‘‘(B) review processes; 4

‘‘(32) provide an assurance that the agency of 5

the State receiving funds under this title collaborates 6

with the State educational agency receiving assist-7

ance under part A of title I of the Elementary and 8

Secondary Education Act of 1965 (20 U.S.C. 6311 9

et seq.) to develop and implement a plan to ensure 10

that, in order to support educational progress— 11

‘‘(A) the student records of adjudicated ju-12

veniles, including electronic records if available, 13

are transferred in a timely manner from the 14

educational program in the juvenile detention or 15

secure treatment facility to the educational or 16

training program into which the juveniles will 17

enroll; 18

‘‘(B) the credits of adjudicated juveniles 19

are transferred; and 20

‘‘(C) adjudicated juveniles receive full or 21

partial credit toward high school graduation for 22

secondary school coursework satisfactorily com-23

pleted before and during the period of time dur-24

ing which the juveniles are held in custody, re-25


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•HR 5963 IH

gardless of the local educational agency or enti-1

ty from which the credits were earned; and 2

‘‘(33) describe policies and procedures to— 3

‘‘(A) screen for, identify, and document in 4

records of the State the identification of victims 5

of domestic human trafficking, or those at risk 6

of such trafficking, upon intake; and 7

‘‘(B) divert youth described in subpara-8

graph (A) to appropriate programs or services, 9

to the extent practicable.’’; 10

(2) by amending subsection (c) to read as fol-11

lows: 12

‘‘(c)(1) If a State fails to comply with any of the core 13

requirements in any fiscal year, then— 14

‘‘(A) subject to subparagraph (B), the amount 15

allocated to such State under section 222 for the 16

subsequent fiscal year shall be reduced by not less 17

than 20 percent for each core requirement with re-18

spect to which the failure occurs; and 19

‘‘(B) the State shall be ineligible to receive any 20

allocation under such section for such fiscal year un-21

less— 22

‘‘(i) the State agrees to expend 50 percent 23

of the amount allocated to the State for such 24

fiscal year to achieve compliance with any such 25


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core requirement with respect to which the 1

State is in noncompliance; or 2

‘‘(ii) the Administrator determines that the 3

State— 4

‘‘(I) has achieved substantial compli-5

ance with such applicable requirements 6

with respect to which the State was not in 7

compliance; and 8

‘‘(II) has made, through appropriate 9

executive or legislative action, an unequivo-10

cal commitment to achieving full compli-11

ance with such applicable requirements 12

within a reasonable time. 13

‘‘(2) Of the total amount of funds not allocated for 14

a fiscal year under paragraph (1)— 15

‘‘(A) 50 percent of the unallocated funds shall 16

be reallocated under section 222 to States that have 17

not failed to comply with the core requirements; and 18

‘‘(B) 50 percent of the unallocated funds shall 19

be used by the Administrator to provide additional 20

training and technical assistance to States for the 21

purpose of promoting compliance with the core re-22

quirements.’’; 23

(3) in subsection (d)— 24


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(A) by striking ‘‘described in paragraphs 1

(11), (12), (13), and (22) of subsection (a)’’ 2

and inserting ‘‘described in the core require-3

ments’’; and 4

(B) by striking ‘‘the requirements under 5

paragraphs (11), (12), (13), and (22) of sub-6

section (a)’’ and inserting ‘‘the core require-7

ments’’; 8

(4) in subsection (f)(2)— 9

(A) by striking subparagraph (A); and 10

(B) by redesignating subparagraphs (B) 11

through (E) as subparagraphs (A) through (D), 12

respectively; and 13


‘‘(g) COMPLIANCE DETERMINATION.— 15

‘‘(1) IN GENERAL.—For each fiscal year, the 16

Administrator shall make a determination regarding 17

whether each State receiving a grant under this title 18

is in compliance or out of compliance with respect to 19

each of the core requirements. 20

‘‘(2) REPORTING.—The Administrator shall— 21

‘‘(A) issue an annual public report— 22

‘‘(i) describing any determination de-23

scribed in paragraph (1) made during the 24

previous year, including a summary of the 25


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information on which the determination is 1

based and the actions to be taken by the 2

Administrator (including a description of 3

any reduction imposed under subsection 4

(c)); and 5

‘‘(ii) for any such determination that 6

a State is out of compliance with any of 7

the core requirements, describing the basis 8

for the determination; and 9

‘‘(B) make the report described in sub-10

paragraph (A) available on a publicly available 11

Web site. 12

‘‘(3) DETERMINATIONS REQUIRED.—The Ad-13

ministrator may not— 14

‘‘(A) determine that a State is ‘not out of 15

compliance’, or issue any other determination 16

not described in paragraph (1), with respect to 17

any core requirement; or 18

‘‘(B) otherwise fail to make the compliance 19

determinations required under paragraph (1).’’. 20

SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVEN-21

TION BLOCK GRANT PROGRAM. 22

Part C of title II of the Juvenile Justice and Delin-23

quency Prevention Act of 1974 (42 U.S.C. 5651 et seq.) 24

is repealed. 25


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SEC. 207. RESEARCH AND EVALUATION; STATISTICAL 1

ANALYSES; INFORMATION DISSEMINATION. 2




(A) in paragraph (1)— 6

(i) in the matter proceeding subpara-7

graph (A), by striking ‘‘may’’ and inserting 8

‘‘shall’’; 9

(ii) in subparagraph (A), by striking 10

‘‘plan and identify’’ and inserting ‘‘annu-11

ally publish a plan to identify’’; and 12

(iii) in subparagraph (B)— 13

(I) by striking clause (iii) and in-14

serting the following: 15

‘‘(iii) successful efforts to prevent sta-16

tus offenders and first-time minor offend-17

ers from subsequent involvement with the 18

juvenile justice and criminal justice sys-19

tems;’’; 20

(II) by striking clause (vii) and 21


‘‘(vii) the prevalence and duration of 23

behavioral health needs (including mental 24

health, substance abuse, and co-occurring 25

disorders) among juveniles pre-placement 26


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and post-placement in the juvenile justice 1

system, including an examination of the ef-2

fects of secure confinement;’’; 3

(III) by redesignating clauses 4

(ix), (x), and (xi) as clauses (xv), 5

(xvi), and (xvii), respectively; and 6

(IV) by inserting after clause 7

(viii) the following: 8

‘‘(ix) training efforts and reforms that 9

have produced reductions in or elimination 10

of the use of dangerous practices; 11

‘‘(x) methods to improve the recruit-12

ment, selection, training, and retention of 13

professional personnel who are focused on 14

the prevention, identification, and treat-15

ment of delinquency; 16

‘‘(xi) methods to improve the identi-17

fication and response to victims of domes-18

tic child sex trafficking within the juvenile 19

justice system; 20

‘‘(xii) identifying positive outcome 21

measures, such as attainment of employ-22

ment and educational degrees, that States 23

and units of local government should use 24

to evaluate the success of programs aimed 25


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at reducing recidivism of youth who have 1

come in contact with the juvenile justice 2

system or criminal justice system; 3

‘‘(xiii) evaluating the impact and out-4

comes of the prosecution and sentencing of 5

juveniles as adults; and 6

‘‘(xiv) successful and cost-effective ef-7

forts by States and units of local govern-8

ment to reduce recidivism through policies 9

that provide for consideration of appro-10

priate alternative sanctions to incarcer-11

ation of youth facing nonviolent charges, 12

while ensuring that public safety is pre-13

served;’’; and 14



graph (A)— 17

(I) by striking ‘‘date of enact-18

ment of this paragraph, the’’ and in-19

serting ‘‘date of enactment of the 20

Supporting Youth Opportunity and 21

Preventing Delinquency Act of 2016, 22

the’’; and 23

(II) by inserting ‘‘in accordance 24

with relevant confidentiality require-25


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ments’’ after ‘‘wards of the State’’; 1

and 2

(ii) in subparagraph (D), by inserting 3

‘‘and Indian tribes’’ after ‘‘State’’; 4

(iii) in subparagraph (F), by striking 5


(iv) in subparagraph (G), by striking 7

the period at the end and inserting a semi-8

colon; and 9

(v) by adding at the end the following: 10

‘‘(H) a description of the best practices in 11

discharge planning; and 12

‘‘(I) an assessment of living arrangements 13

for juveniles who, upon release from confine-14

ment in a State correctional facility, cannot re-15

turn to the residence they occupied prior to 16

such confinement.’’; 17

(2) in subsection (b), in the matter preceding 18

paragraph (1), by striking ‘‘may’’ and inserting 19

‘‘shall’’; and 20


‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Admin-22

istrator, in accordance with applicable confidentiality re-23

quirements and in consultation with experts in the field 24


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of juvenile justice research, recidivism, and data collection, 1

shall— 2

‘‘(1) establish a uniform method of data collec-3

tion and technology that States may use to evaluate 4

data on juvenile recidivism on an annual basis; 5

‘‘(2) establish a common national juvenile re-6

cidivism measurement system; and 7

‘‘(3) make cumulative juvenile recidivism data 8

that is collected from States available to the pub-9

lic.’’. 10

SEC. 208. TRAINING AND TECHNICAL ASSISTANCE. 11





by striking ‘‘may’’; 16


(i) by inserting ‘‘shall’’ before ‘‘de-18

velop and implement projects’’; and 19

(ii) by striking ‘‘and’’ after the semi-20

colon; 21


(i) by inserting ‘‘may’’ before ‘‘make 23

grants to and contracts with’’; and 24


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and inserting ‘‘; and’’; and 2


‘‘(3) shall provide periodic training for States 4

regarding implementation of the core requirements, 5

current protocols and best practices for achieving 6

and monitoring compliance, and information sharing 7

regarding relevant Office resources on evidence- 8

based and promising programs or practices that pro-9

mote the purposes of this Act.’’; 10

(2) in subsection (b)— 11


by striking ‘‘may’’; 13


(i) by inserting ‘‘shall’’ before ‘‘de-15

velop and implement projects’’; 16

(ii) by inserting ‘‘, including compli-17

ance with the core requirements’’ after 18

‘‘this title’’; and 19

(iii) by striking ‘‘and’’ at the end; 20


(i) by inserting ‘‘may’’ before ‘‘make 22

grants to and contracts with’’; and 23


and inserting a semicolon; and 25


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‘‘(3) shall provide technical assistance to States 2

and units of local government on achieving compli-3

ance with the amendments to the core requirements 4

and State Plans made by the Supporting Youth Op-5

portunity and Preventing Delinquency Act of 2016, 6

including training and technical assistance and, 7

when appropriate, pilot or demonstration projects in-8

tended to develop and replicate best practices for 9

achieving sight and sound separation in facilities or 10

portions of facilities that are open and available to 11

the general public and that may or may not contain 12

a jail or a lock-up; and 13

‘‘(4) shall provide technical assistance to States 14

in support of efforts to establish partnerships be-15

tween a State and a university, institution of higher 16

education, or research center designed to improve 17

the recruitment, selection, training, and retention of 18

professional personnel in the fields of medicine, law 19

enforcement, the judiciary, juvenile justice, social 20

work and child protection, education, and other rel-21

evant fields who are engaged in, or intend to work 22

in, the field of prevention, identification, and treat-23

ment of delinquency.’’; 24

(3) in subsection (c)— 25


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(A) by inserting ‘‘prosecutors,’’ after ‘‘pub-1

lic defenders,’’; and 2

(B) by inserting ‘‘status offenders and’’ 3

after ‘‘needs of’’; and 4


‘‘(d) BEST PRACTICES REGARDING LEGAL REP-6

RESENTATION OF CHILDREN.—In consultation with ex-7

perts in the field of juvenile defense, the Administrator 8

shall— 9

‘‘(1) share best practices, which may include 10

sharing standards of practice developed by recog-11

nized entities in the profession, for attorneys rep-12

resenting children; and 13

‘‘(2) provide a State, if it so requests, technical 14

assistance to implement any of the best practices 15

shared under paragraph (1). 16

‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR 17

LOCAL AND STATE JUVENILE DETENTION AND CORREC-18

TIONS PERSONNEL.—The Administrator shall coordinate 19

training and technical assistance programs with juvenile 20

detention and corrections personnel of States and units 21

of local government— 22

‘‘(1) to promote methods for improving condi-23

tions of juvenile confinement, including methods that 24

are designed to minimize the use of dangerous prac-25


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tices, unreasonable restraints, and isolation and 1

methods responsive to cultural differences; and 2

‘‘(2) to encourage alternative behavior manage-3

ment techniques based on positive youth develop-4

ment approaches, which may include policies and 5

procedures to train personnel to be culturally com-6

petent. 7

‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO 8

SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE 9

TREATMENT INCLUDING HOME-BASED OR COMMUNITY- 10

BASED CARE.—The Administrator shall provide training 11

and technical assistance, in conjunction with the appro-12

priate public agencies, to individuals involved in making 13

decisions regarding the disposition and management of 14

cases for youth who enter the juvenile justice system about 15

the appropriate services and placement for youth with 16

mental health or substance abuse needs, including— 17

‘‘(1) juvenile justice intake personnel; 18

‘‘(2) probation officers; 19

‘‘(3) juvenile court judges and court services 20

personnel; 21

‘‘(4) prosecutors and court-appointed counsel; 22

and 23

‘‘(5) family members of juveniles and family ad-24

vocates. 25


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‘‘(g) TRAINING AND TECHNICAL ASSISTANCE TO 1

SUPPORT JUVENILE COURT JUDGES AND PERSONNEL.— 2

The Attorney General, acting through the Office of Juve-3

nile Justice and Delinquency Prevention and the Office 4

of Justice Programs, shall provide training and technical 5

assistance, in conjunction with the appropriate public 6

agencies, to enhance the capacity of State and local courts, 7

judges, and related judicial personnel to— 8

‘‘(1) improve the lives of children currently in-9

volved in or at risk of being involved in the juvenile 10

court system; and 11

‘‘(2) carry out the requirements of this Act. 12

‘‘(h) FREE AND REDUCED PRICE SCHOOL LUNCHES 13

FOR INCARCERATED JUVENILES.—The Attorney General, 14

in consultation with the Secretary of Agriculture, shall 15

provide guidance to States relating to existing options for 16

school food authorities in the States to apply for reim-17

bursement for free or reduced price lunches under the 18

Richard B. Russell National School Lunch Act (42 U.S.C. 19

1751 et seq.) for juveniles who are incarcerated and 20

would, if not incarcerated, be eligible for free or reduced 21

price lunches under that Act.’’. 22

SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 23




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(1) by striking subsections (b) and (c), and re-1

designating subsection (d) as subsection (b); 2



by striking ‘‘(EXCLUDING PARTS C AND E)’’; 5

(B) by striking paragraph (1) and insert-6

ing the following: 7

‘‘(1) There are authorized to be appropriated to 8

carry out this title— 9

‘‘(A) $76,125,000 for fiscal year 2018; 10

‘‘(B) $76,125,000 for fiscal year 2019; 11

‘‘(C) $77,266,875 for fiscal year 2020; 12

‘‘(D) $78,425,878 for fiscal year 2021; 13

and 14

‘‘(E) $79,602,266 for fiscal year 2022.’’; 15

and 16



graph (A), by striking ‘‘(other than parts 19

C and E)’’; and 20

(ii) in subparagraph (C), by striking 21

‘‘part D’’ and inserting ‘‘parts D and E’’. 22


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SEC. 210. ADMINISTRATIVE AUTHORITY. 1

Section 299A of the Juvenile Justice and Delin-2

quency Prevention Act of 1974 (42 U.S.C. 5672) is 3

amended— 4

(1) in subsection (d)— 5

(A) by inserting ‘‘(1)’’ before ‘‘The Admin-6

istrator’’; 7

(B) by striking ‘‘, after appropriate con-8

sultation with representatives of States and 9

units of local government,’’; 10

(C) by inserting ‘‘guidance,’’ after ‘‘regula-11

tions,’’; and 12

(D) by adding at the end the following: ‘‘In 13

developing guidance and procedures, the Ad-14

ministrator shall consult with representatives of 15

States and units of local government, including 16

those individuals responsible for administration 17

of this Act and compliance with the core re-18

quirements. 19

‘‘(2) The Administrator shall ensure that— 20

‘‘(A) reporting, compliance reporting, State 21

plan requirements, and other similar documentation 22

as may be required from States is requested in a 23

manner that respects confidentiality, encourages effi-24

ciency and reduces the duplication of reporting ef-25

forts; and 26


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‘‘(B) States meeting all the core requirements 1

are encouraged to experiment with offering innova-2

tive, data-driven programs designed to further im-3

prove the juvenile justice system.’’; and 4

(2) in subsection (e), by striking ‘‘requirements 5

described in paragraphs (11), (12), and (13) of sec-6

tion 223(a)’’ and inserting ‘‘core requirements’’. 7

TITLE III—INCENTIVE GRANTS 8

FOR LOCAL DELINQUENCY 9

PREVENTION PROGRAMS 10

SEC. 301. SHORT TITLE. 11

Section 501 of the Incentive Grants for Local Delin-12

quency Prevention Programs Act of 2002 (42 U.S.C. 5601 13

note) is amended— 14

(1) by inserting ‘‘Youth Promise’’ before ‘‘In-15

centive Grants’’; and 16

(2) by striking ‘‘2002’’ and inserting ‘‘2016’’. 17

SEC. 302. DEFINITIONS. 18


quency Prevention Programs Act of 2002 (42 U.S.C. 20

5781) is amended to read as follows: 21

‘‘SEC. 502. DEFINITIONS. 22

‘‘In this title— 23

‘‘(1) the term ‘eligible entity’ means— 24


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‘‘(A) a unit of local government that is in 1

compliance with the requirements of part B of 2

title II; or 3

‘‘(B) a nonprofit organization in partner-4

ship with a unit of local government described 5

in subparagraph (A); 6

‘‘(2) the term ‘local policy board’, when used 7

with respect to an eligible entity, means a policy 8

board that the eligible entity will engage in the de-9

velopment of the eligible entity’s plan described in 10

section 504(e)(5), and that includes— 11

‘‘(A) not fewer than 15 and not more than 12

21 members; and 13

‘‘(B) a balanced representation of— 14

‘‘(i) public agencies and private non-15

profit organizations serving juveniles and 16

their families; and 17

‘‘(ii) business and industry; 18

‘‘(C) at least one representative of the 19

faith community, one adjudicated youth, and 20

one parent of an adjudicated youth; and 21

‘‘(D) in the case of an eligible entity de-22

scribed in paragraph (1)(B), a representative of 23

the nonprofit organization of the eligible entity; 24


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‘‘(3) the term ‘mentoring’ means matching 1 1

adult with one or more youths for the purpose of 2

providing guidance, support, and encouragement 3

through regularly scheduled meetings for not less 4

than 9 months; 5

‘‘(4) the term ‘juvenile delinquency program’ 6

means a juvenile delinquency program that is evi-7

dence-based or promising and that may include— 8

‘‘(A) alcohol and substance abuse preven-9

tion services; 10

‘‘(B) tutoring and remedial education, es-11

pecially in reading and mathematics; 12

‘‘(C) child and adolescent health and men-13

tal health services; 14

‘‘(D) recreation services; 15

‘‘(E) leadership and youth development ac-16

tivities; 17

‘‘(F) the teaching that individuals are and 18

should be held accountable for their actions; 19

‘‘(G) assistance in the development of job 20

training skills; 21

‘‘(H) youth mentoring programs; 22

‘‘(I) coordination of a continuum of serv-23

ices, which may include— 24


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‘‘(i) early childhood development serv-1

ices; 2

‘‘(ii) voluntary home visiting pro-3

grams; 4

‘‘(iii) nurse-family partnership pro-5

grams; 6

‘‘(iv) parenting skills training; 7

‘‘(v) child abuse prevention programs; 8

‘‘(vi) family stabilization programs; 9

‘‘(vii) child welfare services; 10

‘‘(viii) family violence intervention 11

programs; 12

‘‘(ix) adoption assistance programs; 13

‘‘(x) emergency, transitional and per-14

manent housing assistance; 15

‘‘(xi) job placement and retention 16

training; 17

‘‘(xii) summer jobs programs; 18

‘‘(xiii) alternative school resources for 19

youth who have dropped out of school or 20

demonstrate chronic truancy; 21

‘‘(xiv) conflict resolution skill training; 22

‘‘(xv) restorative justice programs; 23

‘‘(xvi) mentoring programs; 24


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‘‘(xvii) targeted gang prevention, 1

intervention and exit services; 2

‘‘(xviii) training and education pro-3

grams for pregnant teens and teen par-4

ents; and 5

‘‘(xix) pre-release, post-release, and 6

reentry services to assist detained and in-7

carcerated youth with transitioning back 8

into and reentering the community; and 9

‘‘(J) other data-driven evidence-based or 10

promising prevention programs; 11

‘‘(5) the term ‘State advisory group’ means the 12

advisory group appointed by the chief executive offi-13

cer of a State under a plan described in section 14

223(a); and 15

‘‘(6) the term ‘State entity’ means the State 16

agency designated under section 223(a)(1) or the en-17

tity receiving funds under section 223(d).’’. 18

SEC. 303. DUTIES AND FUNCTIONS OF THE ADMINIS-19

TRATOR. 20


quency Prevention Programs Act of 2002 (42 U.S.C. 22

5782) is amended— 23

(1) by striking paragraph (1); and 24


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(2) by redesignating paragraphs (2) through 1

(4) as paragraphs (1) through (3), respectively. 2

SEC. 304. GRANTS FOR DELINQUENCY PREVENTION PRO-3

GRAMS. 4


quency Prevention Programs Act of 2002 (42 U.S.C. 5781 6

et seq.) is amended to read as follows: 7

‘‘SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVEN-8

TION PROGRAMS. 9

‘‘(a) PURPOSE.—The purpose of this section is to en-10

able local communities to address the unmet needs of 11

youth who are involved in, or are at risk of involvement 12

in, juvenile delinquency or gang activity, including through 13

a continuum of delinquency prevention programs for juve-14

niles who have had contact with the juvenile justice system 15

or who are likely to have contact with the juvenile justice 16

system. 17

‘‘(b) PROGRAM AUTHORIZED.—The Administrator 18

shall— 19

‘‘(1) for each fiscal year for which less than 20

$25,000,000 is appropriated under section 506, 21

award grants to not fewer than 3 State entities, but 22

not more than 5 State entities, that apply under 23

subsection (c) and meet the requirements of sub-24

section (d); or 25


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‘‘(2) for each fiscal year for which $25,000,000 1

or more is appropriated under section 506, award 2

grants to not fewer than 5 State entities that apply 3

under subsection (c) and meet the requirements of 4

subsection (d). 5

‘‘(c) STATE APPLICATION.—To be eligible to receive 6

a grant under this section, a State entity shall submit an 7

application to the Administrator, which includes the fol-8

lowing: 9

‘‘(1) An assurance the State entity will use— 10

‘‘(A) not more than 10 percent of such 11

grant, in the aggregate— 12

‘‘(i) for the costs incurred by the 13

State entity to carry out this section, ex-14

cept that not more than 3 percent of such 15

grant may be used for such costs; and 16

‘‘(ii) to provide technical assistance to 17

eligible entities receiving a subgrant under 18

subsection (e) in carrying out juvenile de-19

linquency programs under the subgrant; 20

and 21

‘‘(B) the remainder of such grant to award 22

subgrants to eligible entities under subsection 23

(e). 24


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‘‘(2) An assurance that such grant will supple-1

ment, and not supplant, State and local efforts to 2

prevent juvenile delinquency. 3

‘‘(3) An assurance the State entity will evaluate 4

the capacity of eligible entities receiving a subgrant 5

under subsection (e) to fulfill the requirements 6

under such subsection. 7

‘‘(4) An assurance that such application was 8

prepared after consultation with, and participation 9

by, the State advisory group, units of local govern-10

ment, community-based organizations, and organiza-11

tions that carry out programs, projects, or activities 12

to prevent juvenile delinquency in the local juvenile 13

justice system served by the State entity. 14

‘‘(d) APPROVAL OF STATE APPLICATIONS.—In 15

awarding grants under this section for a fiscal year, the 16

Administrator may not award a grant to a State entity 17

for a fiscal year unless— 18

‘‘(1)(A) the State that will be served by the 19

State entity submitted a plan under section 223 for 20

such fiscal year; and 21

‘‘(B) such plan is approved by the Adminis-22

trator for such fiscal year; or 23


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‘‘(2) after finding good cause for a waiver, the 1

Administrator waives the plan required under sub-2

paragraph (A) for such State for such fiscal year. 3

‘‘(e) SUBGRANT PROGRAM.— 4

‘‘(1) PROGRAM AUTHORIZED.— 5

‘‘(A) IN GENERAL.—Each State entity re-6

ceiving a grant under this section shall award 7

subgrants to eligible entities in accordance with 8

this subsection. 9

‘‘(B) PRIORITY.—In awarding subgrants 10

under this subsection, the State entity shall give 11

priority to eligible entities that demonstrate 12

ability in— 13

‘‘(i) plans for service and agency co-14

ordination and collaboration including the 15

collocation of services; 16

‘‘(ii) innovative ways to involve the 17

private nonprofit and business sector in de-18

linquency prevention activities; 19

‘‘(iii) developing data-driven preven-20

tion plans, employing evidence-based pre-21

vention strategies, and conducting program 22

evaluations to determine impact and effec-23

tiveness; 24


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‘‘(iv) identifying under the plan sub-1

mitted under paragraph (5) potential sav-2

ings and efficiencies associated with suc-3

cessful implementation of such plan; and 4

‘‘(v) describing how such savings and 5

efficiencies may be used to carry out delin-6

quency prevention programs and be rein-7

vested in the continuing implementation of 8

such programs after the end of the 9

subgrant period. 10

‘‘(C) SUBGRANT PROGRAM PERIOD AND DI-11

VERSITY OF PROJECTS.— 12

‘‘(i) PROGRAM PERIOD.—A subgrant 13

awarded to an eligible entity by a State en-14

tity under this section shall be for a period 15

of not more than 5 years, of which the eli-16

gible entity— 17

‘‘(I) may use not more than 18 18

months for completing the plan sub-19

mitted by the eligible entity under 20

paragraph (5); and 21

‘‘(II) shall use the remainder of 22

the subgrant period, after planning 23

period described in subclause (I), for 24

the implementation of such plan. 25


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‘‘(ii) DIVERSITY OF PROJECTS.—In 1

awarding subgrants under this subsection, 2

a State entity shall ensure, to the extent 3

practicable and applicable, that such sub-4

grants are distributed throughout different 5

areas, including urban, suburban, and 6

rural areas. 7

‘‘(2) LOCAL APPLICATION.—An eligible entity 8

that desires a subgrant under this subsection shall 9

submit an application to the State entity in the 10

State of the eligible entity, at such time and in such 11

manner as determined by the State entity, and that 12

includes— 13

‘‘(A) a description of— 14

‘‘(i) the local policy board and local 15

partners the eligible entity will engage in 16

the development of the plan described in 17

paragraph (5); 18

‘‘(ii) the unmet needs of youth in the 19

community who are or have been involved 20

in, or are at risk of being involved in juve-21

nile delinquency or gang activity; 22

‘‘(iii) available resources in the com-23

munity to meet the unmet needs identified 24


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in the needs assessment described in para-1

graph (5)(A); and 2

‘‘(iv) potential costs to the community 3

if the unmet needs are not addressed; 4

‘‘(B) a specific time period for the plan-5

ning and subsequent implementation of its con-6

tinuum of local delinquency prevention pro-7

grams; 8

‘‘(C) the steps the eligible entity will take 9

to implement the plan under subparagraph (A); 10

and 11

‘‘(D) a plan to continue the grant activity 12

with non-Federal funds, if proven successful ac-13

cording to the performance evaluation process 14

under paragraph (5)(D), after grant period. 15

‘‘(3) MATCHING REQUIREMENT.—An eligible 16

entity desiring a subgrant under this subsection 17

shall agree to provide a 50 percent match of the 18

amount of the subgrant, which may include the 19

value of in-kind contributions. 20

‘‘(4) SUBGRANT REVIEW.— 21

‘‘(A) REVIEW.—Not later than the end of 22

the second year of a subgrant period for a 23

subgrant awarded to an eligible entity under 24

this subsection and before awarding the remain-25


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ing amount of the subgrant to the eligible enti-1

ty, the State entity shall— 2

‘‘(i) ensure that the eligible entity has 3

completed the plan submitted under para-4

graph (2) and that the plan meets the re-5

quirements of such paragraph; and 6

‘‘(ii) verify that the eligible entity will 7

begin the implementation of its plan upon 8

receiving the next installment of its 9

subgrant award. 10

‘‘(B) TERMINATION.—If the State entity 11

finds through the review conducted under sub-12

paragraph (A) that the eligible entity has not 13

met the requirements of clause (i) of such sub-14

paragraph, the State entity shall reallocate the 15

amount remaining on the subgrant of the eligi-16

ble entity to other eligible entities receiving a 17

subgrant under this subsection or award the 18

amount to an eligible entity during the next 19

subgrant competition under this subsection. 20

‘‘(5) LOCAL USES OF FUNDS.—An eligible enti-21

ty that receives a subgrant under this subsection 22

shall use the funds to implement a plan to carry out 23

delinquency prevention programs in the community 24

served by the eligible entity in a coordinated manner 25


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with other delinquency prevention programs or enti-1

ties serving such community, which includes— 2

‘‘(A) an analysis of the unmet needs of 3

youth in the community who are or have been, 4

or are at risk of being, involved in juvenile de-5

linquency or gang activity— 6

‘‘(i) which shall include— 7

‘‘(I) the available resources in the 8

community to meet the unmet needs; 9

and 10

‘‘(II) factors present in the com-11

munity that may contribute to delin-12

quency, such as homelessness, food in-13

security, teen pregnancy, youth unem-14

ployment, family instability, lack of 15

educational opportunity; and 16

‘‘(ii) may include an estimate— 17

‘‘(I) for the most recent year for 18

which reliable data is available, the 19

amount expended by the community 20

and other entities for delinquency ad-21

judication for juveniles and the incar-22

ceration of adult offenders for of-23

fenses committed in such community; 24

and 25


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‘‘(II) of potential savings and ef-1

ficiencies that may be achieved 2

through the implementation of the 3

plan; 4

‘‘(B) a minimum 3-year comprehensive 5

strategy to address the unmet needs and an es-6

timate of the amount or percentage of non-Fed-7

eral funds that are available to carry out the 8

strategy; 9

‘‘(C) a description of how delinquency pre-10

vention programs under the plan will be coordi-11

nated; 12

‘‘(D) a description of the performance eval-13

uation process of the delinquency prevention 14

programs to be implemented under the plan, 15

which shall include performance measures to 16

assess efforts to address the unmet needs of 17

youth in the community analyzed under sub-18

paragraph (A); 19

‘‘(E) the evidence or promising evaluation 20

on which such delinquency prevention programs 21

are based; and 22

‘‘(F) if such delinquency prevention pro-23

grams are proven successful according to the 24

performance evaluation process under subpara-25


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graph (D), a strategy to continue such pro-1

grams after the subgrant period with non-Fed-2

eral funds, including a description of how any 3

estimated savings or efficiencies created by the 4

implementation of the plan may be used to con-5

tinue such programs.’’. 6

SEC. 305. GRANTS FOR TRIBAL DELINQUENCY PREVENTION 7

AND RESPONSE PROGRAMS. 8

The Incentive Grants for Local Delinquency Preven-9

tion Programs Act of 2002 (42 U.S.C. 5781 et seq.) is 10

amended by redesignating section 505 as section 506 and 11

by inserting after section 504 the following: 12

‘‘SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVEN-13

TION AND RESPONSE PROGRAMS. 14

‘‘(a) IN GENERAL.—The Administrator shall make 15

grants under this section, on a competitive basis, to eligi-16

ble Indian tribes (or consortia of Indian tribes) as de-17

scribed in subsection (b)— 18

‘‘(1) to support and enhance— 19

‘‘(A) tribal juvenile delinquency prevention 20

services; and 21

‘‘(B) the ability of Indian tribes to respond 22

to, and care for, juvenile offenders; and 23

‘‘(2) to encourage accountability of Indian trib-24

al governments with respect to preventing juvenile 25


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delinquency, and responding to, and caring for, juve-1

nile offenders. 2

‘‘(b) ELIGIBLE INDIAN TRIBES.—To be eligible to re-3

ceive a grant under this section, an Indian tribe or consor-4

tium of Indian tribes shall submit to the Administrator 5

an application in such form as the Administrator may re-6

quire. 7

‘‘(c) CONSIDERATIONS.—In providing grants under 8

this section, the Administrator shall take into consider-9

ation, with respect to the Indian tribe to be served, the— 10

‘‘(1) juvenile delinquency rates; 11

‘‘(2) school dropout rates; and 12

‘‘(3) number of youth at risk of delinquency. 13

‘‘(d) AVAILABILITY OF FUNDS.—Of the amount ap-14

propriated for a fiscal year to carry out this title, 11 per-15

cent shall be available to carry out this section.’’. 16

SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 17

Section 506, as redesignated by section 305, is 18

amended to read as follows: 19

‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS. 20

‘‘There are authorized to be appropriated to carry out 21

this title— 22

‘‘(1) $91,857,500 for fiscal year 2018; 23

‘‘(2) $91,857,500 for fiscal year 2019; 24

‘‘(3) $93,235,362 for fiscal year 2020; 25


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‘‘(4) $94,633,892 for fiscal year 2021; and 1

‘‘(5) $96,053,401 for fiscal year 2022.’’. 2

SEC. 307. TECHNICAL AND CONFORMING AMENDMENT. 3

The Juvenile Justice and Delinquency Prevention Act 4

of 1974 is amended by striking title V, as enacted by the 5

Juvenile Justice and Delinquency Prevention Act of 1974 6

(Public Law 93–415; 88 Stat. 1133) (relating to miscella-7

neous and conforming amendments). 8

TITLE IV—MISCELLANEOUS 9

PROVISIONS 10

SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY 11

OFFICE. 12

(a) EVALUATION.—Not later than 1 year after the 13

date of enactment of this Act, the Comptroller General 14

of the United States shall— 15

(1) conduct a comprehensive analysis and eval-16

uation regarding the performance of the Office of 17

Juvenile Justice and Delinquency Prevention (re-18

ferred to in this section as ‘‘the agency’’), its func-19

tions, its programs, and its grants; 20

(2) conduct a comprehensive audit and evalua-21

tion of a selected, sample of grantees (as determined 22

by the Comptroller General) that receive Federal 23

funds under grant programs administered by the 24

agency including a review of internal controls (as de-25


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fined in section 103 of the Juvenile Justice and De-1

linquency Prevention Act of 1974 (42 U.S.C. 5603), 2

as amended by this Act) to prevent fraud, waste, 3

and abuse of funds by grantees; and 4

(3) submit a report in accordance with sub-5

section (d). 6

(b) CONSIDERATIONS FOR EVALUATION.—In con-7

ducting the analysis and evaluation under subsection 8

(a)(1), and in order to document the efficiency and public 9

benefit of the Juvenile Justice and Delinquency Preven-10

tion Act of 1974 (42 U.S.C. 5601 et seq.), excluding the 11

Runaway and Homeless Youth Act (42 U.S.C. 5701 et 12

seq.) and the Missing Children’s Assistance Act (42 13

U.S.C. 5771 et seq.), the Comptroller General shall take 14

into consideration— 15

(1) the outcome and results of the programs 16

carried out by the agency and those programs ad-17

ministered through grants by the agency; 18

(2) the extent to which the agency has complied 19

with the Government Performance and Results Act 20

of 1993 (Public Law 103–62; 107 Stat. 285); 21

(3) the extent to which the jurisdiction of, and 22

the programs administered by, the agency duplicate 23

or conflict with the jurisdiction and programs of 24

other agencies; 25


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(4) the potential benefits of consolidating pro-1

grams administered by the agency with similar or 2

duplicative programs of other agencies, and the po-3

tential for consolidating those programs; 4

(5) whether less restrictive or alternative meth-5

ods exist to carry out the functions of the agency 6

and whether current functions or operations are im-7

peded or enhanced by existing statutes, rules, and 8

procedures; 9

(6) the number and types of beneficiaries or 10

persons served by programs carried out by the agen-11

cy; 12

(7) the manner with which the agency seeks 13

public input and input from State and local govern-14

ments on the performance of the functions of the 15

agency; 16

(8) the extent to which the agency complies 17

with section 552 of title 5, United States Code (com-18

monly known as the Freedom of Information Act); 19

(9) whether greater oversight is needed of pro-20

grams developed with grants made by the agency; 21

and 22

(10) the extent to which changes are necessary 23

in the authorizing statutes of the agency in order for 24


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the functions of the agency to be performed in a 1

more efficient and effective manner. 2

(c) CONSIDERATIONS FOR AUDITS.—In conducting 3

the audit and evaluation under subsection (a)(2), and in 4

order to document the efficiency and public benefit of the 5

Juvenile Justice and Delinquency Prevention Act of 1974 6

(42 U.S.C. 5601 et seq.), excluding the Runaway and 7

Homeless Youth Act (42 U.S.C. 5701 et seq.) and the 8

Missing Children’s Assistance Act (42 U.S.C. 5771 et 9

seq.), the Comptroller General shall take into consider-10

ation— 11

(1) whether grantees timely file Financial Sta-12

tus Reports; 13

(2) whether grantees have sufficient internal 14

controls to ensure adequate oversight of grant fund 15

received; 16

(3) whether disbursements were accompanied 17

with adequate supporting documentation (including 18

invoices and receipts); 19

(4) whether expenditures were authorized; 20

(5) whether subrecipients of grant funds were 21

complying with program requirements; 22

(6) whether salaries and fringe benefits of per-23

sonnel were adequately supported by documentation; 24


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(7) whether contracts were bid in accordance 1

with program guidelines; and 2

(8) whether grant funds were spent in accord-3

ance with program goals and guidelines. 4

(d) REPORT.— 5

(1) IN GENERAL.—Not later than 1 year after 6

the date of enactment of this Act, the Comptroller 7

General of the United States shall— 8

(A) submit a report regarding the evalua-9

tion conducted under subsection (a) and audit 10

under subsection (b), to the Speaker of the 11

House of Representatives and the President pro 12

tempore of the Senate; and 13

(B) make the report described in subpara-14

graph (A) available to the public. 15

(2) CONTENTS.—The report submitted in ac-16

cordance with paragraph (1) shall include all audit 17

findings determined by the selected, statistically sig-18

nificant sample of grantees as required by subsection 19

(a)(2) and shall include the name and location of 20

any selected grantee as well as any findings required 21

by subsection (a)(2). 22


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SEC. 402. ACCOUNTABILITY AND OVERSIGHT. 1

(a) IN GENERAL.—The Juvenile Justice and Delin-2

quency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 3

is amended by adding at the end the following: 4

‘‘TITLE VI—ACCOUNTABILITY 5

AND OVERSIGHT 6

‘‘SEC. 601. ACCOUNTABILITY AND OVERSIGHT. 7

‘‘(a) SENSE OF CONGRESS.—It is the sense of Con-8

gress that, in order to ensure that at-risk youth, and youth 9

who come into contact with the juvenile justice system or 10

the criminal justice system, are treated fairly and that the 11

outcome of that contact is beneficial to the Nation— 12

‘‘(1) the Department of Justice, through its Of-13

fice of Juvenile Justice and Delinquency Prevention, 14

must restore meaningful enforcement of the core re-15

quirements in title II; and 16

‘‘(2) States, which are entrusted with a fiscal 17

stewardship role if they accept funds under title II 18

must exercise vigilant oversight to ensure full com-19

pliance with the core requirements for juveniles pro-20

vided for in title II. 21

‘‘(b) ACCOUNTABILITY.— 22

‘‘(1) AGENCY PROGRAM REVIEW.— 23

‘‘(A) PROGRAMMATIC AND FINANCIAL AS-24

SESSMENT.— 25


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‘‘(i) IN GENERAL.—Not later than 60 1

days after the date of enactment of the 2

Supporting Youth Opportunity and Pre-3

venting Delinquency Act of 2016, the Di-4

rector of the Office of Audit, Assessment, 5

and Management of the Office of Justice 6

Programs at the Department of Justice 7

(referred to in this section as the ‘Direc-8

tor’) shall— 9

‘‘(I) conduct a comprehensive 10

analysis and evaluation of the internal 11

controls of the Office of Juvenile Jus-12

tice and Delinquency Prevention (re-13

ferred to in this section as the ‘agen-14

cy’) to determine if States and Indian 15

tribes receiving grants are following 16

the requirements of the agency grant 17

programs and what remedial action 18

the agency has taken to recover any 19

grant funds that are expended in vio-20

lation of grant programs, including in-21

stances where— 22

‘‘(aa) supporting documen-23

tation was not provided for cost 24

reports; 25


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‘‘(bb) unauthorized expendi-1

tures occurred; and 2

‘‘(cc) subrecipients of grant 3

funds were not in compliance 4

with program requirements; 5

‘‘(II) conduct a comprehensive 6

audit and evaluation of a selected sta-7

tistically significant sample of States 8

and Indian tribes (as determined by 9

the Director) that have received Fed-10

eral funds under title II, including a 11

review of internal controls to prevent 12

fraud, waste, and abuse of funds by 13

grantees; and 14

‘‘(III) submit a report in accord-15

ance with clause (iv). 16

‘‘(ii) CONSIDERATIONS FOR EVALUA-17

TIONS.—In conducting the analysis and 18

evaluation under clause (i)(I), and in order 19

to document the efficiency and public ben-20

efit of titles II and V, the Director shall 21

take into consideration the extent to 22

which— 23


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‘‘(I) greater oversight is needed 1

of programs developed with grants 2

made by the agency; 3

‘‘(II) changes are necessary in 4

the authorizing statutes of the agency 5

in order that the functions of the 6

agency can be performed in a more ef-7

ficient and effective manner; and 8

‘‘(III) the agency has imple-9

mented recommendations issued by 10

the Comptroller General or Office of 11

Inspector General relating to the 12

grant making and grant monitoring 13

responsibilities of the agency. 14

‘‘(iii) CONSIDERATIONS FOR AU-15

DITS.—In conducting the audit and evalua-16

tion under clause (i)(II), and in order to 17

document the efficiency and public benefit 18

of titles II and V, the Director shall take 19

into consideration— 20

‘‘(I) whether grantees timely file 21

Financial Status Reports; 22

‘‘(II) whether grantees have suf-23

ficient internal controls to ensure ade-24


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quate oversight of grant funds re-1

ceived; 2

‘‘(III) whether grantees’ asser-3

tions of compliance with the core re-4

quirements were accompanied with 5

adequate supporting documentation; 6

‘‘(IV) whether expenditures were 7

authorized; 8

‘‘(V) whether subrecipients of 9

grant funds were complying with pro-10

gram requirements; and 11

‘‘(VI) whether grant funds were 12

spent in accordance with the program 13

goals and guidelines. 14

‘‘(iv) REPORT.—The Director shall— 15

‘‘(I) submit to the Congress a re-16

port outlining the results of the anal-17

ysis, evaluation, and audit conducted 18

under clause (i), including supporting 19

materials, to the Speaker of the 20

House of Representatives and the 21

President pro tempore of the Senate; 22

and 23

‘‘(II) shall make such report 24

available to the public online, not later 25


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than 1 year after the date of enact-1

ment of this section. 2

‘‘(B) ANALYSIS OF INTERNAL CON-3

TROLS.— 4

‘‘(i) IN GENERAL.—Not later than 30 5



venting Delinquency Act of 2016, the Ad-8

ministrator shall initiate a comprehensive 9

analysis and evaluation of the internal con-10

trols of the agency to determine whether, 11

and to what extent, States and Indian 12

tribes that receive grants under titles II 13

and V are following the requirements of 14

the grant programs authorized under titles 15

II and V. 16

‘‘(ii) REPORT.—Not later than 180 17



venting Delinquency Act of 2016, the Ad-20

ministrator shall submit to Congress a re-21

port containing— 22

‘‘(I) the findings of the analysis 23

and evaluation conducted under clause 24

(i); 25


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‘‘(II) a description of remedial 1

actions, if any, that will be taken by 2

the Administrator to enhance the in-3

ternal controls of the agency and re-4

coup funds that may have been ex-5

pended in violation of law, regulations, 6

or program requirements issued under 7

titles II and V; and 8

‘‘(III) a description of— 9

‘‘(aa) the analysis conducted 10

under clause (i); 11

‘‘(bb) whether the funds 12

awarded under titles II and V 13

have been used in accordance 14

with law, regulations, program 15

guidance, and applicable plans; 16

and 17

‘‘(cc) the extent to which 18

funds awarded to States and In-19

dian tribes under titles II and V 20

enhanced the ability of grantees 21

to fulfill the core requirements. 22

‘‘(C) REPORT BY THE ATTORNEY GEN-23

ERAL.—Not later than 180 days after the date 24

of enactment of the Supporting Youth Oppor-25


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tunity and Preventing Delinquency Act of 2016, 1

the Attorney General shall submit to the appro-2

priate committees of the Congress a report on 3

the estimated amount of formula grant funds 4

disbursed by the agency since fiscal year 2010 5

that did not meet the requirements for awards 6

of formula grants to States under title II. 7

‘‘(2) CONFERENCE EXPENDITURES.— 8

‘‘(A) LIMITATION.—No amounts author-9

ized to be appropriated to the Department of 10

Justice under this Act may be used by the At-11

torney General, or by any individual or organi-12

zation awarded discretionary funds through a 13

cooperative agreement under this Act, to host 14

or support any expenditure for conferences that 15

uses more than $20,000 in funds made avail-16

able to the Department of Justice, unless the 17

Deputy Attorney General or such Assistant At-18

torney Generals, Directors, or principal deputies 19

as the Deputy Attorney General may designate, 20

provides prior written authorization that the 21

funds may be expended to host a conference. 22

‘‘(B) WRITTEN APPROVAL.—Written ap-23

proval under subparagraph (A) shall include a 24

written estimate of all costs associated with the 25


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conference, including the cost of all food and 1

beverages, audiovisual equipment, honoraria for 2

speakers, and entertainment. 3

‘‘(C) REPORT.—The Deputy Attorney Gen-4

eral shall submit an annual report to the Com-5

mittee on the Judiciary of the Senate and the 6

Committee on Education and the Workforce of 7

the House of Representatives on all conference 8

expenditures approved under this paragraph. 9

‘‘(3) PROHIBITION ON LOBBYING ACTIVITY.— 10

‘‘(A) IN GENERAL.—Amounts authorized 11

to be appropriated under this Act may not be 12

utilized by any recipient of a grant made using 13

such amounts— 14

‘‘(i) to lobby any representative of the 15

Department of Justice regarding the 16

award of grant funding; or 17

‘‘(ii) to lobby any representative of a 18

Federal, State, local, or tribal government 19

regarding the award of grant funding. 20

‘‘(B) PENALTY.—If the Attorney General 21

determines that any recipient of a grant made 22

using amounts authorized to be appropriated 23

under this Act has violated subparagraph (A), 24

the Attorney General shall— 25


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‘‘(i) require the recipient to repay the 1

grant in full; and 2

‘‘(ii) prohibit the recipient to receive 3

another grant under this Act for not less 4

than 5 years. 5

‘‘(C) CLARIFICATION.—For purposes of 6

this paragraph, submitting an application for a 7

grant under this Act shall not be considered 8

lobbying activity in violation of subparagraph 9

(A). 10

‘‘(c) PREVENTING DUPLICATIVE GRANTS.— 11

‘‘(1) IN GENERAL.—Before the Attorney Gen-12

eral awards a grant to an applicant under this Act, 13

the Attorney General shall compare potential grant 14

awards with other grants awarded under this Act to 15

determine if duplicate grant awards are awarded for 16

the same purpose. 17

‘‘(2) REPORT.—If the Attorney General awards 18

duplicate grants to the same applicant for the same 19

purpose the Attorney General shall submit to the 20

Committee on the Judiciary of the Senate and the 21

Committee on Education and the Workforce of the 22

House of Representatives a report that includes— 23


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‘‘(A) a list of all duplicate grants awarded, 1

including the total dollar amount of any dupli-2

cate grants awarded; and 3

‘‘(B) the reason the Attorney General 4

awarded the duplicative grant. 5

‘‘(d) COMPLIANCE WITH AUDITING STANDARDS.— 6

The Administrator shall comply with the Generally Ac-7

cepted Government Auditing Standards, published by the 8

General Accountability Office (commonly known as the 9

‘Yellow Book’), in the conduct of fiscal, compliance, and 10

programmatic audits of States.’’. 11

(b) TECHNICAL AND CONFORMING AMENDMENT.— 12

(1) IN GENERAL.—The Juvenile Justice and 13

Delinquency Prevention Act of 1974 is amended by 14

striking paragraphs (6) and (7) of section 407 (42 15

U.S.C. 5776a). 16

(2) EFFECTIVE DATE.—The amendment made 17

by paragraph (1) shall take effect on the first day 18

of the first fiscal year that begins after the date of 19

enactment of this Act. 20

(3) SAVINGS CLAUSE.—In the case of an entity 21

that is barred from receiving grant funds under 22

paragraph (7)(B)(ii) of section 407 of the Juvenile 23

Justice and Delinquency Prevention Act of 1974 (42 24

U.S.C. 5776a), the amendment made by paragraph 25


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(1) of this subsection shall not affect the applica-1

bility to the entity, or to the Attorney General with 2

respect to the entity, of paragraph (7) of such sec-3

tion 407, as in effect on the day before the effective 4

date of the amendment made by paragraph (1). 5

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th d congress session h. r. 5963 · september 8, 2016 mr. curbelo of florida (for himself, mr....

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