s. 3155: juvenile justice and delinquency prevention reauthorization act of 2008

8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008

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110TH CONGRESS2D SESSION S. 3155

To reauthorize and improve the Juvenile Justice and Delinquency Prevention

Act of 1974, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 18, 2008

Mr. LEAHY (for himself, Mr. SPECTER, and Mr. KOHL) introduced the fol-lowing bill; which was read twice and referred to the Committee on the

Judiciary

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 Juvenile Justice and4

Delinquency Prevention Reauthorization Act of 2008.5

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 IFINDINGS AND DECLARATION OF PURPOSE

Sec. 101. Findings.

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Sec. 102. Purposes.

Sec. 103. Definitions.

TITLE IIJUVENILE 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. Authority to make grants.

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

tion.

Sec. 208. Training and technical assistance.

Sec. 209. Incentive grants for State and local programs.

Sec. 210. Authorization of appropriations.

Sec. 211. Administrative authority.

Sec. 212. Technical and conforming amendments.

TITLE IIIINCENTIVE GRANTS FOR LOCAL DELINQUENCY

PREVENTION PROGRAMS

Sec. 301. Definitions.

Sec. 302. Grants for delinquency prevention programs.

Sec. 303. Authorization of appropriations.

Sec. 304. Technical and conforming amendment.

TITLE IFINDINGS AND1

DECLARATION OF PURPOSE2

SEC. 101. FINDINGS.3

Section 101 of the Juvenile Justice and Delinquency4

Prevention Act of 1974 (42 U.S.C. 5601) is amended to5

read as follows:6

SEC. 101. FINDINGS.7

Congress finds the following:8

(1) A growing body of adolescent development9

research supports the use of developmentally appro-10

priate services and sanctions for youth in the juve-11

nile justice system and those at risk for delinquent12

behavior to help prevent youth crime and to success-13



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fully intervene with youth who have already entered1

the system.2

(2) Research has shown that targeted invest-3

ments to redirect offending juveniles onto a different4

path are cost effective and can help reduce juvenile5

recidivism and adult crime.6

(3) Minorities are disproportionately rep-7

resented in the juvenile justice system.8

(4) Between 1990 and 2004, the number of9

youth in adult jails increased by 208 percent.10

(5) Every day in the United States, an aver-11

age of 7,500 youth are incarcerated in adult jails.12

(6) Youth who have been previously tried as13

adults are, on average, 34 percent more likely to14

commit crimes than youth retained in the juvenile15

justice system.16

(7) Research has shown that every dollar17

spent on evidence based programs can yield up to18

$13 in cost savings.19

(8) Each child prevented from engaging in re-20

peat criminal offenses can save the community21

$1,700,000 to $3,400,000.22

(9) Youth are 19 times more likely to commit23

suicide in jail than youth in the general population24



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and 36 times more likely to commit suicide in an1

adult jail than in a juvenile detention facility.2

(10) Seventy percent of youth in detention are3

held for nonviolent charges, and more than 23 are4

charged with property offenses, public order of-5

fenses, technical probation violations, or status of-6

fenses, such as truancy, running away, or breaking7

curfew.8

(11) The prevalence of mental disorders9

among youth in juvenile justice systems is 2 to 310

times higher than among youth in the general popu-11

lation.12

(12) Eighty percent of juveniles in juvenile13

justice systems have a nexus to substance abuse.14

(13) The proportion of girls entering the jus-15

tice system has increased steadily over the past sev-16

eral decades, rising from 20 percent in 1980 to 2917

percent in 2003..18

SEC. 102. PURPOSES.19


Prevention Act of 1974 (42 U.S.C. 5602) is amended21

(1) in paragraph (2), by striking and at the22

end;23

(2) in paragraph (3), by striking the period at24

the end and inserting ; and; and25



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(3) by adding at the end the following:1

(4) to support a continuum of programs (in-2

cluding delinquency prevention, intervention, mental3

health and substance abuse treatment, and4

aftercare) to address the needs of at-risk youth and5

youth who come into contact with the justice sys-6

tem..7

SEC. 103. DEFINITIONS.8



(1) by amending paragraph (18) to read as fol-11

lows:12

(18) the term Indian tribe has the meaning13

given that term in section 4 of the Indian Self-De-14

termination and Education Assistance Act (2515

U.S.C. 450b);;16

(2) in paragraph (22), by striking or confine17

adults and all that follows and inserting or con-18

fine adult inmates;;19

(3) by amending paragraph (26) to read as fol-20

lows:21

(26) the term adult inmate22

(A) means an individual who23



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(i) has reached the age of full crimi-1

nal responsibility under applicable State2

law; and3

(ii) has been arrested and is in cus-4

tody for or awaiting trial on a criminal5

charge, or is convicted of a criminal charge6

offense; and7

(B) does not include an individual who8

(i) at the time of the time of the of-9

fense, was younger than the maximum age10

at which a youth can be held in a juvenile11

facility under applicable State law; and12

(ii) was committed to the care and13

custody of a juvenile correctional agency by14

a court of competent jurisdiction or by op-15

eration of applicable State law;;16


end;18


the end and inserting a semicolon; and20


(30) the term core requirements means the22

requirements described in paragraphs (11), (12),23

(13), and (15) of section 223(a);24



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(31) the term chemical agent means a spray1

used to temporarily incapacitate a person, including2

oleoresin capsicum spray, tear gas, and 2-chloro-3

benzalmalononitrile gas;4

(32) the term isolation5

(A) means any instance in which a youth6

is confined alone for more than 15 minutes in7

a room or cell; and8

(B) does not include confinement in the9

room or cell in which the youth usually sleeps,10

protective confinement (for injured youths or11

youths whose safety is threatened), separation12

based on an approved treatment program, rou-13

tine confinement at the time of the youths ad-14

mission, confinement that is requested by the15

youth, or the separation of the youth from a16

group in a non-locked setting for the purpose of17

calming;18

(33) the term restraint has the meaning19

given that term in section 591 of the Public Health20

Service Act (42 U.S.C. 290ii);21

(34) the term evidence based means a pro-22

gram or practice that is demonstrated to be effective23

and that24



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(A) is based on a clearly articulated and1

empirically supported theory;2

(B) has measurable outcomes, including a3

detailed description of what outcomes were pro-4

duced in a particular population; and5

(C) has been scientifically tested, opti-6

mally through randomized, controlled studies;7

(35) the term promising means a program or8

practice that is demonstrated to be effective based9

on positive outcomes from 1 or more objective eval-10

uations, or based on practice knowledge, as docu-11

mented in writing to the Administrator; and12

(36) the term dangerous practice means an13

act, procedure, or program that creates an unreason-14

able risk of physical injury, pain, or psychological15

harm to a juvenile subjected to the act, procedure,16

or program..17

TITLE IIJUVENILE JUSTICE18

AND DELINQUENCY PREVEN-19

TION20

SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.21

Section 204(a)(2)(B)(i) of the Juvenile Justice and22

Delinquency Prevention Act of 1974 (42 U.S.C.23

5614(a)(2)(B)(i)) is amended by striking 240 days after24



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the date of enactment of this paragraph and inserting1

July 2, 2009.2

SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE3

AND DELINQUENCY PREVENTION.4



(1) in subsection (a)7

(A) in paragraph (1)8

(i) by inserting the Administrator of9

the Substance Abuse and Mental Health10

Services Administration, the Secretary of11

Defense, the Secretary of Agriculture,12

after the Secretary of Health and Human13

Services,; and14

(ii) by striking Commissioner of Im-15

migration and Naturalization and insert-16

ing Assistant Secretary for Immigration17

and Customs Enforcement; and18

(B) in paragraph (2)(A), by inserting (in-19

cluding at least 1 representative from the men-20

tal health fields) after field of juvenile jus-21

tice; and22

(2) in subsection (c)23

(A) in paragraph (1), by striking para-24

graphs (12)(A), (13), and (14) of section25



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223(a) of this title and inserting the core re-1

quirements; and2

(B) in paragraph (2)(B)3

(i) by striking 180 days after the4

date of the enactment of this paragraph5

and inserting May 3, 2009; and6

(ii) by striking Committee on Edu-7

cation and the Workforce and inserting8

Committee on Education and Labor.9

SEC. 203. ANNUAL REPORT.10



(1) in the matter preceding paragraph (1), by13

striking a fiscal year and inserting each fiscal14

year;15

(2) in paragraph (1)16

(A) in subparagraph (B), by inserting ,17

ethnicity, after race;18

(B) in subparagraph (E), by striking19

and at the end;20

(C) in subparagraph (F)21

(i) by inserting and other before22

disabilities,; and23

(ii) by striking the period at the end24

and inserting a semicolon; and25



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(D) by adding at the end the following:1

(G) a summary of data from 1 month of2

the applicable fiscal year of the use of restraints3

and isolation upon juveniles held in the custody4

of secure detention and correctional facilities5

operated by a State or unit of local government;6

(H) the number of juveniles released from7

custody and the type of living arrangement to8

which each such juvenile was released; and9

(I) the number of status offense cases pe-10

titioned to court, number of status offenders11

held in secure detention, the findings used to12

justify the use of secure detention, and the av-13

erage period of time a status offender was held14

in secure detention; and15


(5) A description of the criteria used to deter-17

mine what programs qualify as evidence based and18

promising programs under this title and title V and19

a comprehensive list of those programs the Adminis-20

trator has determined meet such criteria.21

(6) A description of funding provided to In-22

dian tribes under this Act, including direct Federal23

grants and funding provided to Indian tribes24

through a State or unit of local government..25



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SEC. 204. ALLOCATION OF FUNDS.1



(1) in subsection (a)(1), by striking age eight-4

een. and inserting 18 years of age, based on the5

most recent census data to monitor any significant6

changes in the relative population of people under7

18 years of age occurring in the States.;8

(2) by redesignating subsections (c) and (d) as9

subsections (d) and (e), respectively;10

(3) by inserting after subsection (b) the fol-11

lowing:12

(c)(1) If any amount allocated under subsection (a)13

is withheld from a State due to noncompliance with the14

core requirements, the funds shall be reallocated for an15

improvement grant designed to assist the State in achiev-16

ing compliance with the core requirements.17

(2) The Administrator shall condition a grant de-18

scribed in paragraph (1) on19

(A) the State, with the approval of the Admin-20

istrator, developing specific action steps designed to21

restore compliance with the core requirements; and22

(B) submitting to the Administrator semi-23

annually a report on progress toward implementing24

the specific action steps developed under subpara-25

graph (A).26



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(3) The Administrator shall provide appropriate and1

effective technical assistance directly or through an agree-2

ment with a contractor to assist a State receiving a grant3

described in paragraph (1) in achieving compliance with4

the core requirements.;5

(4) in subsection (d), as so redesignated, by6

striking efficient administration, including moni-7

toring, evaluation, and one full-time staff position8

and inserting effective and efficient administration,9

including the designation of at least 1 person to co-10

ordinate efforts to achieve and sustain compliance11

with the core requirements; and12

(5) in subsection (e), as so redesignated, by13

striking 5 per centum and inserting not more14

than 5 percent.15

SEC. 205. STATE PLANS.16




(A) in the matter preceding paragraph (1),20

by inserting Not later than 30 days after the21

date on which a plan or amended plan sub-22

mitted under this subsection is finalized, a23

State shall make the plan or amended plan pub-24

licly available by posting the plan or amended25



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plan on a publicly available website. after1

compliance with State plan requirements.;2

(B) in paragraph (3)3

(i) in subparagraph (A)(ii)4

(I) in subclause (II), by striking5

counsel for children and youth and6

inserting publicly supported court-7

appointed legal counsel for children8

and youth charged in delinquency9

matters;10

(II) in subclause (III), by strik-11

ing mental health, education, special12

education and inserting childrens13

mental health, education, child and14

adolescent substance abuse, special15

education, services for youth with dis-16

abilities;17

(III) in subclause (V), by striking18

delinquents or potential delinquents19

and inserting delinquent youth or20

youth at risk of delinquency, including21

volunteers who work with youth of22

color;23

(IV) in subclause (VII), by strik-24

ing and at the end;25



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(V) by redesignating subclause1

(VIII) as subclause (XI);2

(VI) by inserting after subclause3

(VII) the following:4

(VIII) the executive director or5

the designee of the executive director6

of a public or nonprofit entity that is7

located in the State and receiving a8

grant under part A of title III;9

(IX) persons with expertise and10

competence in preventing and ad-11

dressing mental health or substance12

abuse problems in juvenile delinquents13

and those at-risk of delinquency;14

(X) representatives of victim or15

witness advocacy groups; and; and16

(VII) in subclause (XI), as so re-17

designated, by striking disabilities18

and inserting and other disabilities,19

truancy reduction or school failure;20

(ii) in subparagraph (D)(ii), by strik-21

ing requirements of paragraphs (11),22

(12), and (13) and inserting core re-23

quirements; and24



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(iii) in subparagraph (E)(i), by adding1

and at the end;2

(C) in paragraph (5)3

(i) in the matter preceding subpara-4

graph (A), by striking section 222(d)5

and inserting section 222(e); and6

(ii) in subparagraph (C), by striking7

Indian tribes and all that follows8

through applicable to the detention and9

confinement of juveniles and inserting10

Indian tribes that agree to attempt to11

comply with the core requirements applica-12

ble to the detention and confinement of ju-13

veniles;14

(D) in paragraph (7)(B)15

(i) by striking clause (i) and inserting16

the following:17

(i) a plan for ensuring that the chief ex-18

ecutive officer of the State, State legislature,19

and all appropriate public agencies in the State20

with responsibility for provision of services to21

children, youth and families are informed of the22

requirements of the State plan and compliance23

with the core requirements;;24



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(ii) in clause (iii), by striking and1

at the end; and2

(iii) by striking clause (iv) and insert-3

ing the following:4

(iv) a plan to provide alternatives to de-5

tention, including diversion to home-based or6

community-based services or treatment for7

those youth in need of mental health, substance8

abuse, or co-occurring disorder services at the9

time such juveniles first come into contact with10

the juvenile justice system;11

(v) a plan to reduce the number of chil-12

dren housed in secure detention and corrections13

facilities who are awaiting placement in residen-14

tial treatment programs;15

(vi) a plan to engage family members in16

the design and delivery of juvenile delinquency17

prevention and treatment services, particularly18

post-placement; and19

(vii) a plan to use community-based serv-20

ices to address the needs of at-risk youth or21

youth who have come into contact with the ju-22

venile justice system;;23



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(E) in paragraph (8), by striking exist-1

ing and inserting evidence based and prom-2

ising;3

(F) in paragraph (9)4


graph (A), by striking section 222(d)6

and inserting section 222(e);7

(ii) in subparagraph (A)(i), by insert-8

ing status offenders and other before9

youth who need;10

(iii) in subparagraph (B)(i)11

(I) by striking parents and12

other family members and inserting13

status offenders, other youth, and14

the parents and other family members15

of such offenders and youth; and16

(II) by striking be retained17

and inserting remain;18

(iv) by redesignating subparagraphs19

(G) through (S) as subparagraphs (J)20

through (V), respectively;21

(v) by redesignating subparagraphs22

(E) and (F) as subparagraphs (F) and23

(G), respectively;24



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(vi) by inserting after subparagraph1

(D) the following:2

(E) providing training and technical as-3

sistance to, and consultation with, juvenile jus-4

tice and child welfare agencies of States and5

units of local government to develop coordinated6

plans for early intervention and treatment of7

youth who have a history of abuse and juveniles8

who have prior involvement with the juvenile9

justice system;;10

(vii) in subparagraph (G), as so redes-11

ignated, by striking expanding and in-12

serting programs to expand;13

(viii) by inserting after subparagraph14

(G), as so redesignated, the following:15

(H) programs to improve the recruitment,16

selection, training, and retention of professional17

personnel in the fields of medicine, law enforce-18

ment, judiciary, juvenile justice, social work and19

child protection, education, and other relevant20

fields who are engaged in, or intend to work in,21

the field of prevention, identification, and treat-22

ment of delinquency;23

(I) expanding access to publicly sup-24

ported, court-appointed legal counsel and en-25



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hancing capacity for the competent representa-1

tion of every child;;2

(ix) in subparagraph (O), as so redes-3

ignated4

(I) in clause (i), by striking re-5

straints and inserting alternatives;6

and7

(II) in clause (ii), by striking by8

the provision; and9

(x) in subparagraph (V), as so redes-10

ignated, by striking the period at the end11

and inserting a semicolon;12

(G) in paragraph (11)13

(i) in subparagraph (A), by striking14

and at the end;15

(ii) in subparagraph (B), by adding16

and at the end; and17

(iii) by adding at the end the fol-18

lowing:19

(C) encourage the use of community-20

based alternatives to secure detention, including21

programs of public and nonprofit entities re-22

ceiving a grant under part A of title III;;23

(H) by striking paragraph (22);24



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(I) by redesignating paragraphs (23)1

through (28) as paragraphs (24) through (29),2

respectively;3

(J) by redesignating paragraphs (14)4

through (21) as paragraphs (16) through (23),5

respectively;6

(K) by inserting after paragraph (13) the7

following:8

(14) require that9

(A) not later than 3 years after the date10

of enactment of the Juvenile Justice and Delin-11

quency Prevention Reauthorization Act of 2008,12

unless a court finds, after a hearing and in13

writing, that it is in the interest of justice, juve-14

niles awaiting trial or other legal process who15

are treated as adults for purposes of prosecu-16

tion in criminal court and housed in a secure17

facility18

(i) shall not have contact with adult19

inmates; and20

(ii) may not be held in any jail or21

lockup for adults;22

(B) in determining under subparagraph23

(A) whether it is in the interest of justice to24

permit a juvenile to be held in any jail or lock-25



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up for adults, or have contact with adult in-1

mates, a court shall consider2

(i) the age of the juvenile;3

(ii) the physical and mental maturity4

of the juvenile;5

(iii) the present mental state of the6

juvenile, including whether the juvenile7

presents an imminent risk of harm to the8

juvenile;9

(iv) the nature and circumstances of10

the alleged offense;11

(v) the juveniles history of prior de-12

linquent acts;13

(vi) the relative ability of the avail-14

able adult and juvenile detention facilities15

to meet the specific needs of the juvenile16

and to protect the public;17

(vii) whether placement in a juvenile18

facility will better serve the long-term in-19

terests of the juvenile and be more likely to20

prevent recidivism;21

(viii) the availability of programs de-22

signed to treat the juveniles behavioral23

problems; and24

(ix) any other relevant factor; and25



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(C) if a court determines under subpara-1

graph (A) that it is in the interest of justice to2

permit a juvenile to be held in any jail or lock-3

up for adults, or have contact with adult in-4

mates5

(i) the court shall hold a hearing not6

less frequently than once every 30 days to7

review whether it is still in the interest of8

justice to permit the juvenile to be so held9

or have such contact; and10

(ii) the juvenile shall not be held in11

any jail or lockup for adults, or permitted12

to have contact with adult inmates, for13

more than 180 days, unless the court, in14

writing, determines there is good cause for15

an extension or the juvenile expressly16

waives this limitation;17

(15) implement policy, practice, and system18

improvement strategies at the State, territorial,19

local, and tribal levels, as applicable, to identify and20

reduce racial and ethnic disparities among youth21

who come into contact with the juvenile justice sys-22

tem, without establishing or requiring numerical23

standards or quotas, by24



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(A) establishing coordinating bodies, com-1

posed of juvenile justice stakeholders at the2

State, local, or tribal levels, to oversee and mon-3

itor efforts by States, units of local government,4

and Indian tribes to reduce racial and ethnic5

disparities;6

(B) identifying and analyzing key decision7

points in State, local, or tribal juvenile justice8

systems to determine which points create racial9

and ethnic disparities among youth who come10

into contact with the juvenile justice system;11

(C) developing and implementing data12

collection and analysis systems to identify13

where racial and ethnic disparities exist in the14

juvenile justice system and to track and analyze15

such disparities;16

(D) developing and implementing a work17

plan that includes measurable objectives for pol-18

icy, practice, or other system changes, based on19

the needs identified in the data collection and20

analysis under subparagraphs (B) and (C); and21

(E) publicly reporting, on an annual22

basis, the efforts made in accordance with sub-23

paragraphs (B), (C), and (D);24



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(L) in paragraph (16), as so redesig-1

nated2

(i) by striking adequate system and3

inserting effective system;4

(ii) by striking requirements of para-5

graph (11), and all that follows through6

monitoring to the Administrator and in-7

serting the core requirements are met,8

and for annual reporting to the Adminis-9

trator of such plan, including the results of10

such monitoring and all related enforce-11

ment and educational activities; and12

(iii) by striking , in the opinion of13

the Administrator,;14

(M) in paragraph (17), as so redesignated,15

by inserting ethnicity, after race,;16

(N) in paragraph (24), as so redesig-17

nated18

(i) in subparagraph (B), by striking19

and at the end;20

(ii) in subparagraph (C)21

(I) in clause (i), by striking22

and at the end;23

(II) in clause (ii), by adding24

and at the end; and25



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(III) by adding at the end the1

following:2

(iii) if such court determines the ju-3

venile should be placed in a secure deten-4

tion facility or correctional facility for vio-5

lating such order, the court shall issue a6

written order that7

(I) identifies the valid court8

order that has been violated;9

(II) specifies the factual basis10

for determining that there is reason-11

able cause to believe that the juvenile12

has violated such order;13

(III) includes findings of fact to14

support a determination that there is15

no appropriate less restrictive alter-16

native available to placing the juvenile17

in such a facility, with due consider-18

ation to the best interest of the juve-19

nile; and20

(IV) specifies the length of time,21

not to exceed 7 days, that the juvenile22

may remain in a secure detention fa-23

cility or correctional facility, and in-24



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cludes a plan for the juveniles release1

from such facility; and; and2

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

lowing:4

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

sure that any juvenile held in a secure detention6

facility or correctional facility pursuant to a7

court order described in this paragraph does8

not remain in custody longer than 7 days or the9

length of time authorized by the court, which-10

ever is shorter;;11

(O) in paragraph (26), as so redesignated,12

by striking section 222(d) and inserting sec-13

tion 222(e);14

(P) in paragraph (27), as so redesig-15

nated16

(i) by inserting and in accordance17

with confidentiality concerns, after max-18

imum extent practicable,; and19

(ii) by striking the semicolon at the20

end and inserting the following: , so as to21

provide for22

(A) a compilation of data reflecting infor-23

mation on juveniles entering the juvenile justice24

system with a prior reported history as victims25



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of child abuse or neglect through arrest, court1

intake, probation and parole, juvenile detention,2

and corrections; and3

(B) a plan to use the data described in4

subparagraph (A) to provide necessary services5

for the treatment of victims of child abuse and6

neglect who have entered, or are at risk of en-7

tering, the juvenile justice system;;8

(Q) in paragraph (28), as so redesig-9

nated10

(i) by striking establish policies and11

inserting establish protocols, policies, pro-12

cedures,; and13

(ii) by striking and at the end;14

(R) in paragraph (29), as so redesignated,15

by striking the period at the end and inserting16

a semicolon; and17

(S) by adding at the end the following:18

(30) provide for the coordinated use of funds19

provided under this Act with other Federal and20

State funds directed at juvenile delinquency preven-21

tion and intervention programs;22

(31) develop policies and procedures, and pro-23

vide training for facility staff, on evidence based and24

promising techniques for effective behavior manage-25



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ment that are designed to eliminate the use of dan-1

gerous practices, unreasonable restraints, and isola-2

tion;3

(32) provide mental health and substance4

abuse screening, assessment, referral, and treatment5

for juveniles in the juvenile justice system;6

(33) provide procedural safeguards to adju-7

dicated juveniles, including8

(A) a written case plan for each juvenile,9

based on an assessment of the needs of the ju-10

venile and developed and updated in consulta-11

tion with the juvenile, the family of the juvenile,12

and, if appropriate, counsel for the juvenile,13

that14

(i) describes the pre-release and15

post-release programs and reentry services16

that will be provided to the juvenile;17

(ii) describes the living arrangement18

to which the juvenile is to be discharged;19

and20

(iii) establishes a plan for the enroll-21

ment of the juvenile in post-release health22

care, behavioral health care, educational,23

vocational, training, family support, public24



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assistance, and legal services programs, as1

appropriate;2

(B) as appropriate, a hearing that3

(i) shall take place in a family or ju-4

venile court or another court (including a5

tribal court) of competent jurisdiction, or6

by an administrative body appointed or ap-7

proved by the court, not earlier than 308

days before the date on which the juvenile9

is scheduled to be released, and at which10

the juvenile would be represented by coun-11

sel; and12

(ii) shall determine the discharge13

plan for the juvenile, including a deter-14

mination of whether a safe, appropriate,15

and permanent living arrangement has16

been secured for the juvenile and whether17

enrollment in health care, behavioral health18

care, educational, vocational, training, fam-19

ily support, public assistance and legal20

services, as appropriate, has been arranged21

for the juvenile; and22

(C) policies to ensure that discharge plan-23

ning and procedures24



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(i) are accomplished in a timely fash-1

ion prior to the release from custody of2

each adjudicated juvenile; and3

(ii) do not delay the release from4

custody of the juvenile; and5

(34) provide a description of the use by the6

State of funds for reentry and aftercare services for7

juveniles released from the juvenile justice system.;8

(2) in subsection (c)9

(A) in the matter preceding paragraph10

(1)11

(i) by striking applicable require-12

ments of paragraphs (11), (12), (13), and13

(22) of subsection (a) and inserting core14

requirements; and15

(ii) by striking 2001, then and in-16

serting 2008;17

(B) in paragraph (1), by striking , and18

at the end and inserting a semicolon;19

(C) in paragraph (2)(B)(ii)20

(i) by inserting , administrative,21

after appropriate executive; and22

(ii) by striking the period at the end23

and inserting , as specified in section24

222(c); and; and25



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(D) by adding at the end the following:1

(3) the State shall submit to the Adminis-2

trator a report detailing the reasons for noncompli-3

ance with the core requirements, including the plan4

of the State to regain full compliance, and the State5

shall make publicly available such report, not later6

than 30 days after the date on which the Adminis-7

trator approves the report, by posting the report on8

a publicly available website.;9

(3) in subsection (d)10

(A) by striking section 222(d) and in-11

serting section 222(e);12

(B) by striking described in paragraphs13

(11), (12), (13) and (22) of subsection (a) and14

inserting described in the core requirements;15

and16

(C) by striking the requirements under17

paragraphs (11), (12), (13) and (22) of sub-18

section (a) and inserting the core require-19

ments; and20

(4) by striking subsection (f) and inserting the21

following:22

(f) COMPLIANCE DETERMINATION.Not later than23

60 days after the date of receipt of information indicating24



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S 3155 IS

that a State may be out of compliance with any of the1

core requirements, the Administrator shall2

(1) determine whether the State is in compli-3

ance with the core requirements;4

(2) issue a public report describing the deter-5

mination described in paragraph (1), including a6

summary of the information on which the determina-7

tion is based and the actions to be taken by the Ad-8

ministrator (including a description of any reduction9

imposed under subsection (c)); and10

(3) make the report described in paragraph11

(2) available on a publicly available website.12

(g) TECHNICALASSISTANCE.13

(1) ORGANIZATION OF STATE ADVISORY14

GROUP MEMBER REPRESENTATIVES.The Adminis-15

trator shall provide technical and financial assist-16

ance to an agency, institution, or organization to as-17

sist in carrying out the activities described in para-18

graph (3). The functions and activities of an agency,19

institution, or organization under this subsection20

shall not be subject to the Federal Advisory Com-21

mittee Act.22

(2) COMPOSITION.To be eligible to receive23

assistance under this subsection, an agency, institu-24

tion, or organization shall25



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(A) be governed by individuals who1

(i) have been appointed by a chief2

executive of a State to serve as a member3

of a State advisory group established4

under subsection (a)(3); and5

(ii) are elected to serve as a gov-6

erning officer of such an agency, institu-7

tion, or organization by a majority of the8

member Chairs (or the designees of the9

member Chairs) of all State advisory10

groups established under subsection (a)(3);11

(B) include member representatives12

(i) from a majority of the State advi-13

sory groups established under subsection14

(a)(3); and15

(ii) who are representative of region-16

ally and demographically diverse State ju-17

risdictions; and18

(C) annually seek advice from the Chairs19

(or the designees of the member Chairs) of each20

State advisory group established under sub-21

section (a)(3) to implement the advisory func-22

tions specified in subparagraphs (D) and (E) of23

paragraph (3) of this subsection.24



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(3) ACTIVITIES.To be eligible to receive as-1

sistance under this subsection, an agency, institu-2

tion, or organization shall agree to3

(A) conduct an annual conference of the4

member representatives of the State advisory5

groups established under subsection (a)(3) for6

purposes relating to the activities of such State7

advisory groups;8

(B) disseminate information, data, stand-9

ards, advanced techniques, and program mod-10

els;11

(C) review Federal policies regarding ju-12

venile justice and delinquency prevention;13

(D) advise the Administrator regarding14

particular functions or aspects of the work of15

the Office; and16

(E) advise the President and Congress re-17

garding State perspectives on the operation of18

the Office and Federal legislation relating to ju-19

venile justice and delinquency prevention..20

SEC. 206. AUTHORITY TO MAKE GRANTS.21

Section 241(a) of the Juvenile Justice and Delin-22

quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is23

amended24



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(1) in paragraph (1), by inserting status of-1

fenders, before juvenile offenders, and juveniles;2

(2) in paragraph (5), by striking juvenile of-3

fenders and juveniles and inserting status offend-4

ers, juvenile offenders, and juveniles;5

(3) in paragraph (10), by inserting , including6

juveniles with disabilities before the semicolon;7

(4) in paragraph (17), by inserting truancy8

prevention and reduction, after mentoring,;9


end;11

(6) by redesignating paragraph (25) as para-12

graph (26); and13

(7) by inserting after paragraph (24) the fol-14

lowing:15

(25) projects that support the establishment of16

partnerships between a State and a university, insti-17

tution of higher education, or research center de-18

signed to improve the recruitment, selection, train-19

ing, and retention of professional personnel in the20

fields of medicine, law enforcement, judiciary, juve-21

nile justice, social work and child protection, edu-22

cation, and other relevant fields who are engaged in,23

or intend to work in, the field of prevention, identi-24

fication, and treatment of delinquency; and.25



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SEC. 207. RESEARCH AND EVALUATION; STATISTICAL1

ANALYSES; INFORMATION DISSEMINATION.2

(a) IN GENERAL.Section 251 of the Juvenile Jus-3

tice and Delinquency Prevention Act of 1974 (42 U.S.C.4

5661) is amended5


(A) in paragraph (1)7

(i) in the matter proceeding subpara-8

graph (A), by striking may and inserting9

shall;10

(ii) in subparagraph (A), by striking11

plan and identify and inserting annu-12

ally provide a written and publicly avail-13

able plan to identify; and14

(iii) in subparagraph (B)15

(I) by amending clause (iii) to16

read as follows:17

(iii) successful efforts to prevent status18

offenders and first-time minor offenders from19

subsequent involvement with the criminal jus-20

tice system;;21

(II) by amending clause (vii) to22

read as follows:23

(vii) the prevalence and duration of be-24

havioral health needs (including mental health,25

substance abuse, and co-occurring disorders)26



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S 3155 IS

among juveniles pre-placement and post-place-1

ment when held in the custody of secure deten-2

tion and corrections facilities, including an ex-3

amination of the effects of confinement;;4

(III) by redesignating clauses5

(ix), (x), and (xi) as clauses (xi), (xii),6

and (xiii), respectively; and7

(IV) by inserting after clause8

(viii) the following:9

(ix) training efforts and reforms that10

have produced reductions in or elimination of11

the use of dangerous practices;12

(x) methods to improve the recruitment,13

selection, training, and retention of professional14

personnel in the fields of medicine, law enforce-15

ment, judiciary, juvenile justice, social work and16

child protection, education, and other relevant17

fields who are engaged in, or intend to work in,18

the field of prevention, identification, and treat-19

ment of delinquency;; and20

(B) in paragraph (4)21


graph (A), by inserting and not later than23

1 year after the date of enactment of the24

Juvenile Justice and Delinquency Preven-25



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S 3155 IS

tion Reauthorization Act of 2008 after1

date of enactment of this paragraph;2

(ii) in subparagraph (F), by striking3

and at the end;4

(iii) in subparagraph (G), by striking5

the period at the end and inserting a semi-6

colon; and7

(iv) by adding at the end the fol-8

lowing:9

(H) a description of the best practices in dis-10

charge planning; and11

(I) an assessment of living arrangements for12

juveniles who cannot return to the homes of the ju-13

veniles.;14

(2) in subsection (b), in the matter preceding15

paragraph (a), by striking may and inserting16

shall; and17


(f) NATIONAL RECIDIVISM MEASURE.The Admin-19

istrator shall20

(1) establish a uniform method of data collec-21

tion and technology that States shall use to evaluate22

data on juvenile recidivism on an annual basis;23

(2) establish a common national juvenile re-24

cidivism measurement system; and25



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S 3155 IS

(3) make cumulative juvenile recidivism data1

that is collected from States available to the pub-2

lic..3

(b) STUDIES.4

(1) IN GENERAL.The Administrator shall con-5

duct a study and publish a report on the differences6

between male and female juvenile offenders that in-7

cludes analyses of8

(A) risk factors specific to the development9

of delinquent behavior in girls;10

(B) the mental health needs of delinquent11

girls and girls at risk of delinquency;12

(C) delinquency prevention and interven-13

tion programs that are effective among girls;14

and15

(D) how prevention and intervention pro-16

grams for delinquent girls and girls at-risk of17

delinquency can be made more effective.18

(2) ASSESSMENT OF TREATING JUVENILES AS19

ADULTS.The Administrator shall20

(A) not later than 3 years after the date21

of enactment of this Act, assess the effective-22

ness of the practice of treating juveniles as23

adults for purposes of prosecution in criminal24

court; and25



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S 3155 IS

(B) not later than 42 months after the1

date of enactment of this Act, submit to Con-2

gress and the President, and make publicly3

available, a report on the findings and conclu-4

sions of the assessment under subparagraph5

(A) and any recommended changes in law iden-6

tified as a result of the assessment under sub-7

paragraph (A).8

(3) OUTCOME STUDY OF FORMER JUVENILE9

OFFENDERS.The Administrator shall conduct a10

study of adjudicated juveniles and publish a report11

on the outcomes for juveniles who have reintegrated12

into the community, which shall include information13

on the outcomes relating to family reunification,14

housing, education, employment, health care, behav-15

ioral health care, and repeat offending.16

(4) DEFINITION OF ADMINISTRATOR.In this17

subsection, the term Administrator means the18

head of the Office of Juvenile Justice and Delin-19

quency Prevention.20

SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.21






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S 3155 IS

(4) shall provide technical assistance to States1

in support of efforts to establish partnerships be-2

tween the State and a university, institution of high-3

er education, or research center designed to improve4

the recruitment, selection, training, and retention of5

professional personnel in the fields of medicine, law6

enforcement, judiciary, juvenile justice, social work7

and child protection, education, and other relevant8

fields who are engaged in, or intend to work in, the9

field of prevention, identification, and treatment of10

delinquency.; and11


(d) TECHNICAL ASSISTANCE TO STATES REGARD-13

ING LEGAL REPRESENTATION OF CHILDREN.The Ad-14

ministrator shall develop and issue standards of practice15

for attorneys representing children, and ensure that the16

standards are adapted for use in States.17

(e) TRAINING AND TECHNICAL ASSISTANCE FOR18

LOCAL AND STATE JUVENILE DETENTION AND CORREC-19

TIONS PERSONNEL.The Administrator shall coordinate20

training and technical assistance programs with juvenile21

detention and corrections personnel of States and units22

of local government to promote evidence based and prom-23

ising methods for improving conditions of juvenile confine-24

ment, including those that are designed to minimize the25



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S 3155 IS

use of dangerous practices, unreasonable restraints, and1

isolation.2

(f) TRAINING AND TECHNICAL ASSISTANCE TO3

SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE4

TREATMENT INCLUDING HOME-B ASED OR COMMUNITY-5

BASED CARE.The Administrator shall provide training6

and technical assistance, in conjunction with the appro-7

priate public agencies, to individuals involved in making8

decisions regarding the disposition of cases for youth who9

enter the juvenile justice system, including10

(1) juvenile justice intake personnel;11

(2) probation officers;12

(3) juvenile court judges and court services13

personnel;14

(4) prosecutors and court-appointed counsel;15

and16

(5) family members of juveniles and family ad-17

vocates..18

SEC. 209. INCENTIVE GRANTS FOR STATE AND LOCAL PRO-19

GRAMS.20

Title II of the Juvenile Justice and Delinquency Pre-21

vention Act of 1974 (42 U.S.C. 5611 et seq.) is amend-22

ed23

(1) by redesignating part F as part G; and24

(2) by inserting after part E the following:25



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S 3155 IS

PART FINCENTIVE GRANTS FOR STATE AND1

LOCAL PROGRAMS2

SEC. 271. INCENTIVE GRANTS.3

(a) INCENTIVE GRANT FUNDS.The Administrator4

may make incentive grants to a State, unit of local govern-5

ment, or combination of States and local governments to6

assist a State, unit of local government, or combination7

thereof in carrying out an activity identified in subsection8

(b)(1).9

(b) USE OF FUNDS.10

(1) IN GENERAL.An incentive grant made by11

the Administrator under this section may be used12

to13

(A) increase the use of evidence based or14

promising prevention and intervention pro-15

grams;16

(B) improve the recruitment, selection,17

training, and retention of professional personnel18

(including in the fields of medicine, law enforce-19

ment, judiciary, juvenile justice, social work,20

and child prevention) who are engaged in, or in-21

tend to work in, the field of prevention, inter-22

vention, and treatment of juveniles to reduce23

delinquency;24

(C) establish a partnership between juve-25

nile justice agencies of a State or unit of local26



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S 3155 IS

government and mental health authorities of1

State or unit of local government to establish2

and implement programs to ensure there are3

adequate mental health and substance abuse4

screening, assessment, referral, treatment, and5

after-care services for juveniles who come into6

contact with the justice system;7

(D) provide training, in conjunction with8

the public or private agency that provides men-9

tal health services, to individuals involved in10

making decisions involving youth who enter the11

juvenile justice system (including intake per-12

sonnel, law enforcement, prosecutors, juvenile13

court judges, public defenders, mental health14

and substance abuse service providers and ad-15

ministrators, probation officers, and parents)16

that focuses on17

(i) the availability of screening and18

assessment tools and the effective use of19

such tools;20

(ii) the purpose, benefits, and need21

to increase availability of mental health or22

substance abuse treatment programs (in-23

cluding home-based and community-based24



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S 3155 IS

programs) available to juveniles within the1

jurisdiction of the recipient;2

(iii) the availability of public and pri-3

vate services available to juveniles to pay4

for mental health or substance abuse treat-5

ment programs; or6

(iv) the appropriate use of effective7

home-based and community-based alter-8

natives to juvenile justice or mental health9

system institutional placement; and10

(E) provide services to juveniles with11

mental health or substance abuse disorders who12

are at risk of coming into contact with the jus-13

tice system.14

(2) COORDINATION AND ADMINISTRATION.A15

State or unit of local government receiving a grant16

under this section shall ensure that17

(A) the use of the grant under this sec-18

tion is developed as part of the State plan re-19

quired under section 223(a); and20

(B) not more than 5 percent of the21

amount received under this section is used for22

administration of the grant under this section.23

(c) APPLICATION.24



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S 3155 IS

(1) IN GENERAL.A State or unit of local1

government desiring a grant under this section shall2

submit an application at such time, in such manner,3

and containing such information as the Adminis-4

trator may prescribe.5

(2) CONTENTS.In accordance with guide-6

lines that shall be established by the Administrator,7

each application for incentive grant funding under8

this section shall9

(A) describe any activity or program the10

funding would be used for and how the activity11

or program is designed to carry out 1 or more12

of the activities described in subsection (b);13

(B) if any of the funds provided under14

the grant would be used for evidence based or15

promising prevention or intervention programs,16

include a detailed description of the studies,17

findings, or practice knowledge that support the18

assertion that such programs qualify as evi-19

dence based or promising; and20

(C) for any program for which funds pro-21

vided under the grant would be used that is not22

evidence based or promising, include a detailed23

description of any studies, findings, or practice24



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S 3155 IS

knowledge which support the effectiveness of1

the program..2

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.3




(A) in the subsection heading, by striking7

PARTS C AND E and inserting PARTS C, E,8

AND F;9

(B) in paragraph (1), by striking this10

title and all that follows and inserting the fol-11

lowing: this title12

(A) $196,700,000 for fiscal year 2009;13

(B) $245,900,000 for fiscal year 2010;14

(C) $295,100,000 for fiscal year 2011;15

(D) $344,300,000 for fiscal year 2012; and16

(E) $393,500,000 for fiscal year 2013.; and17

(C) in paragraph (2), in the matter pre-18

ceding subparagraph (A), by striking parts C19

and E and inserting parts C, E, and F;20

(2) in subsection (b), by striking fiscal years21

2003, 2004, 2005, 2006, and 2007 and inserting22

fiscal years 2009, 2010, 2011, 2012, and 2013;23



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S 3155 IS

(3) in subsection (c), by striking fiscal years1

2003, 2004, 2005, 2006, and 2007 and inserting2

fiscal years 2009, 2010, 2011, 2012, and 2013;3

(4) by redesignating subsection (d) as sub-4

section (e); and5

(5) by inserting after subsection (c) the fol-6

lowing:7

(d) AUTHORIZATION OF APPROPRIATIONS FOR8

PART F.There are authorized to be appropriated to9

carry out part F, and authorized to remain available until10

expended, $60,000,000 for each of fiscal years 2009,11

2010, 2011, 2012, and 2013. Of the sums that are appro-12

priated for a fiscal year to carry out part F, not less than13

50 percent shall be used to fund programs that are car-14

rying out an activity described in subparagraph (C), (D),15

or (E) of section 271(b)(1)..16

SEC. 211. ADMINISTRATIVE AUTHORITY.17

Section 299A(e) of the Juvenile Justice and Delin-18

quency Prevention Act of 1974 (42 U.S.C. 5672(e)) is19

amended by striking requirements described in para-20

graphs (11), (12), and (13) of section 223(a) and insert-21

ing core requirements.22

SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS.23

The Juvenile Justice and Delinquency Prevention Act24

of 1974 (42 U.S.C. 5601 et seq.) is amended25



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S 3155 IS

(1) in section 204(b)(6), by striking section1

223(a)(15) and inserting section 223(a)(16);2

(2) in section 246(a)(2)(D), by striking section3

222(c) and inserting section 222(d); and4

(3) in section 299D(b), of by striking section5

222(c) and inserting section 222(d).6

TITLE IIIINCENTIVE GRANTS7

FOR LOCAL DELINQUENCY8

PREVENTION PROGRAMS9

SEC. 301. DEFINITIONS.10

Section 502 of the Incentive Grants for Local Delin-11

quency Prevention Programs Act of 2002 (42 U.S.C.12

5781) is amended13

(1) in the section heading, by striking DEFI-14

NITION and inserting DEFINITIONS; and15

(2) by striking this title, the term and insert-16

ing the following: this title17

(1) the term mentoring means matching 118

adult with 1 or more youths (not to exceed 4 youths)19

for the purpose of providing guidance, support, and20

encouragement aimed at developing the character of21

the youths, where the adult and youths meet regu-22

larly for not less than 4 hours each month for not23

less than a 9-month period; and24

(2) the term.25



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S 3155 IS

SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO-1

GRAMS.2

Section 504(a) of the Incentive Grants for Local De-3

linquency Prevention Programs Act of 2002 (42 U.S.C.4

5783(a)) is amended5


end;7


the end and inserting ; and; and9


(9) mentoring programs..11


Section 505 of the Incentive Grants for Local Delin-13

quency Prevention Programs Act of 2002 (42 U.S.C.14

5784) is amended to read as follows:15


There are authorized to be appropriated to carry out17

this title18

(1) $272,200,000 for fiscal year 2009;19

(2) $322,800,000 for fiscal year 2010;20

(3) $373,400,000 for fiscal year 2011;21

(4) $424,000,000 for fiscal year 2012; and22

(5) $474,600,000 for fiscal year 2013..23

SEC. 304. TECHNICAL AND CONFORMING AMENDMENT.24

The Juvenile Justice and Delinquency Prevention Act25

of 1974 is amended by striking title V, as added by the26



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53

Juvenile Justice and Delinquency Prevention Act of 19741

(Public Law 93415; 88 Stat. 1133) (relating to miscella-2

neous and conforming amendments).3

s. 3155: juvenile justice and delinquency prevention reauthorization act of 2008

Documents