[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 863 Referred in Senate (RFS)]
1st Session
H. R. 863
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 17, 2001
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To provide grants to ensure increased accountability for juvenile
offenders.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consequences for Juvenile Offenders
Act of 2001''.
SEC. 2. GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796 et seq.) is amended to read as follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to provide
grants to States, for use by States and units of local government, and
in certain cases directly to specially qualified units.
``(b) Authorized Activities.--Amounts paid to a State or a unit of
local government under this part shall be used by the State or unit of
local government for the purpose of strengthening the juvenile justice
system, which includes--
``(1) developing, implementing, and administering graduated
sanctions for juvenile offenders;
``(2) building, expanding, renovating, or operating
temporary or permanent juvenile correction, detention, or
community corrections facilities;
``(3) hiring juvenile court judges, probation officers, and
court-appointed defenders and special advocates, and funding
pretrial services (including mental health screening and
assessment) for juvenile offenders, to promote the effective
and expeditious administration of the juvenile justice system;
``(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and case
backlogs reduced;
``(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively and
for technology, equipment, and training to assist prosecutors
in identifying and expediting the prosecution of violent
juvenile offenders;
``(6) establishing and maintaining training programs for
law enforcement and other court personnel with respect to
preventing and controlling juvenile crime;
``(7) establishing juvenile gun courts for the prosecution
and adjudication of juvenile firearms offenders;
``(8) establishing drug court programs for juvenile
offenders that provide continuing judicial supervision over
juvenile offenders with substance abuse problems and the
integrated administration of other sanctions and services for
such offenders;
``(9) establishing and maintaining a system of juvenile
records designed to promote public safety;
``(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile and
criminal justice systems, schools, and social services agencies
to make more informed decisions regarding the early
identification, control, supervision, and treatment of
juveniles who repeatedly commit serious delinquent or criminal
acts;
``(11) establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles who are
referred by law enforcement personnel or agencies;
``(12) establishing and maintaining programs to conduct
risk and need assessments of juvenile offenders that facilitate
the effective early intervention and the provision of
comprehensive services, including mental health screening and
treatment and substance abuse testing and treatment to such
offenders;
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety;
``(14) establishing and maintaining restorative justice
programs;
``(15) establishing and maintaining programs to enable
juvenile courts and juvenile probation officers to be more
effective and efficient in holding juvenile offenders
accountable and reducing recidivism; or
``(16) hiring detention and corrections personnel, and
establishing and maintaining training programs for such
personnel to improve facility practices and programming.
``(c) Definition.--For purposes of this section, the term
`restorative justice program' means a program that emphasizes the moral
accountability of an offender toward the victim and the affected
community, and may include community reparations boards, restitution
(in the form of monetary payment or service to the victim or, where no
victim can be identified, service to the affected community), and
mediation between victim and offender.
``SEC. 1802. GRANT ELIGIBILITY.
``(a) State Eligibility.--To be eligible to receive a grant under
this section, a State shall submit to the Attorney General an
application at such time, in such form, and containing such assurances
and information as the Attorney General may require by guidelines,
including--
``(1) information about--
``(A) the activities proposed to be carried out
with such grant; and
``(B) the criteria by which the State proposes to
assess the effectiveness of such activities on
achieving the purposes of this part; and
``(2) assurances that the State and any unit of local
government to which the State provides funding under section
1803(b), has in effect (or shall have in effect, not later than
1 year after the date that the State submits such application)
laws, or has implemented (or shall implement, not later than 1
year after the date that the State submits such application)
policies and programs, that provide for a system of graduated
sanctions described in subsection (c).
``(b) Local Eligibility.--
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government, other than a specially
qualified unit, shall provide to the State--
``(A) information about--
``(i) the activities proposed to be carried
out with such subgrant; and
``(ii) the criteria by which the unit
proposes to assess the effectiveness of such
activities on achieving the purposes of this
part; and
``(B) such assurances as the State shall require,
that, to the maximum extent applicable, the unit of
local government has in effect (or shall have in
effect, not later than 1 year after the date that the
unit submits such application) laws, or has implemented
(or shall implement, not later than 1 year after the
date that the unit submits such application) policies
and programs, that provide for a system of graduated
sanctions described in subsection (c).
``(2) Special rule.--The requirements of paragraph (1)
shall apply to a specially qualified unit that receives funds
from the Attorney General under section 1803(e), except that
information that is otherwise required to be submitted to the
State shall be submitted to the Attorney General.
``(c) Graduated Sanctions.--A system of graduated sanctions, which
may be discretionary as provided in subsection (d), shall ensure, at a
minimum, that--
``(1) sanctions are imposed on a juvenile offender for each
delinquent offense;
``(2) sanctions escalate in intensity with each subsequent,
more serious delinquent offense;
``(3) there is sufficient flexibility to allow for
individualized sanctions and services suited to the individual
juvenile offender; and
``(4) appropriate consideration is given to public safety
and victims of crime.
``(d) Discretionary Use of Sanctions.--
``(1) Voluntary participation.--A State or unit of local
government may be eligible to receive a grant under this part
if--
``(A) its system of graduated sanctions is
discretionary; and
``(B) it demonstrates that it has promoted the use
of a system of graduated sanctions by taking steps to
encourage implementation of such a system by juvenile
courts.
``(2) Reporting requirement if graduated sanctions not
used.--
``(A) Juvenile courts.--A State or unit of local
government in which the imposition of graduated
sanctions is discretionary shall require each juvenile
court within its jurisdiction--
``(i) which has not implemented a system of
graduated sanctions, to submit an annual report
that explains why such court did not implement
graduated sanctions; and
``(ii) which has implemented a system of
graduated sanctions but has not imposed
graduated sanctions in all cases, to submit an
annual report that explains why such court did
not impose graduated sanctions in all cases.
``(B) Units of local government.--Each unit of
local government, other than a specially qualified
unit, that has 1 or more juvenile courts that use a
discretionary system of graduated sanctions shall
collect the information reported under subparagraph (A)
for submission to the State each year.
``(C) States.--Each State and specially qualified
unit that has 1 or more juvenile courts that use a
discretionary system of graduated sanctions shall
collect the information reported under subparagraph (A)
for submission to the Attorney General each year. A
State shall also collect and submit to the Attorney
General the information collected under subparagraph
(B).
``(e) Definitions.--For purposes of this section:
``(1) The term `discretionary' means that a system of
graduated sanctions is not required to be imposed by each and
every juvenile court in a State or unit of local government.
``(2) The term `sanctions' means tangible, proportional
consequences that hold the juvenile offender accountable for
the offense committed. A sanction may include counseling,
restitution, community service, a fine, supervised probation,
or confinement.
``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Allocation.--
``(1) In general.--In accordance with regulations
promulgated pursuant to this part and except as provided in
paragraph (3), the Attorney General shall allocate--
``(A) 0.50 percent for each State; and
``(B) of the total funds remaining after the
allocation under subparagraph (A), to each State, an
amount which bears the same ratio to the amount of
remaining funds described in this subparagraph as the
population of people under the age of 18 living in such
State for the most recent calendar year in which such
data is available bears to the population of people
under the age of 18 of all the States for such fiscal
year.
``(2) Prohibition.--No funds allocated to a State under
this subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General or by
the State involved for any program other than a program
contained in an approved application.
``(b) Local Distribution.--
``(1) In general.--Except as provided in paragraph (2),
each State which receives funds under subsection (a)(1) in a
fiscal year shall distribute among units of local government,
for the purposes specified in section 1801, not less than 75
percent of such amounts received.
``(2) Waiver.--If a State submits to the Attorney General
an application for waiver that demonstrates and certifies to
the Attorney General that--
``(A) the State's juvenile justice expenditures in
the fiscal year preceding the date in which an
application is submitted under this part (the `State
percentage') is more than 25 percent of the aggregate
amount of juvenile justice expenditures by the State
and its eligible units of local government; and
``(B) the State has consulted with as many units of
local government in such State, or organizations
representing such units, as practicable regarding the
State's calculation of expenditures under subparagraph
(A), the State's application for waiver under this
paragraph, and the State's proposed uses of funds,
the percentage referred to in paragraph (1) shall equal the
percentage determined by subtracting the State percentage from
100 percent.
``(3) Allocation.--In making the distribution under
paragraph (1), the State shall allocate to such units of local
government an amount which bears the same ratio to the
aggregate amount of such funds as--
``(A) the sum of--
``(i) the product of--
``(I) three-quarters; multiplied by
``(II) the average juvenile justice
expenditure for such unit of local
government for the 3 most recent
calendar years for which such data is
available; plus
``(ii) the product of--
``(I) one-quarter; multiplied by
``(II) the average annual number of
part 1 violent crimes in such unit of
local government for the 3 most recent
calendar years for which such data is
available, bears to--
``(B) the sum of the products determined under
subparagraph (A) for all such units of local government
in the State.
``(4) Expenditures.--The allocation any unit of local
government shall receive under paragraph (3) for a payment
period shall not exceed 100 percent of juvenile justice
expenditures of the unit for such payment period.
``(5) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (4) shall be available to other units of
local government that are not affected by such operation in
accordance with this subsection.
``(c) Unavailability of Data for Units of Local Government.--If the
State has reason to believe that the reported rate of part 1 violent
crimes or juvenile justice expenditures for a unit of local government
is insufficient or inaccurate, the State shall--
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or juvenile justice
expenditures for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than $10,000.--If
under this section a unit of local government is allocated less than
$10,000 for a payment period, the amount allotted shall be expended by
the State on services to units of local government whose allotment is
less than such amount in a manner consistent with this part.
``(e) Direct Grants to Specially Qualified Units.--
``(1) In general.--If a State does not qualify or apply for
funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of the
allocation that the State would have received under subsection
(a) for such fiscal year to provide grants to specially
qualified units which meet the requirements for funding under
section 1802.
``(2) Award basis.--In addition to the qualification
requirements for direct grants for specially qualified units
the Attorney General may use the average amount allocated by
the States to units of local government as a basis for awarding
grants under this section.
``SEC. 1804. GUIDELINES.
``(a) In General.--The Attorney General shall issue guidelines
establishing procedures under which a State or specially qualified unit
of local government that receives funds under section 1803 is required
to provide notice to the Attorney General regarding the proposed use of
funds made available under this part.
``(b) Advisory Board.--The guidelines referred to in subsection (a)
shall include a requirement that such eligible State or unit of local
government establish and convene an advisory board to review the
proposed uses of such funds. The board shall include representation
from, if appropriate--
``(1) the State or local police department;
``(2) the local sheriff's department;
``(3) the State or local prosecutor's office;
``(4) the State or local juvenile court;
``(5) the State or local probation office;
``(6) the State or local educational agency;
``(7) a State or local social service agency;
``(8) a nonprofit, nongovernmental victim advocacy
organization; and
``(9) a nonprofit, religious, or community group.
``SEC. 1805. PAYMENT REQUIREMENTS.
``(a) Timing of Payments.--The Attorney General shall pay, to each
State or specially qualified unit of local government that receives
funds under section 1803 that has submitted an application under this
part, the amount awarded to such State or unit not later than the later
of the following two dates:
``(1) 180 days after the date that the amount is available.
``(2) The first day of the payment period if the State has
provided the Attorney General with the assurances required by
subsection (c).
``(b) Repayment of Unexpended Amounts.--
``(1) Repayment required.--From amounts awarded under this
part, a State or specially qualified unit shall repay to the
Attorney General, before the expiration of the 36-month period
beginning on the date of the award, any amount that is not
expended by such State or unit.
``(2) Extension.--The Attorney General may adopt policies
and procedures providing for a one-time extension, by not more
than 12 months, of the period referred to in paragraph (1).
``(3) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(4) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States
and specially qualified units.
``(c) Administrative Costs.--A State or unit of local government
that receives funds under this part may use not more than 5 percent of
such funds to pay for administrative costs.
``(d) Nonsupplanting Requirement.--Funds made available under this
part to States and units of local government shall not be used to
supplant State or local funds as the case may be, but shall be used to
increase the amount of funds that would, in the absence of funds made
available under this part, be made available from State or local
sources, as the case may be.
``(e) Matching Funds.--
``(1) In general.--The Federal share of a grant received
under this part may not exceed 90 percent of the total program
costs.
``(2) Construction of facilities.--Notwithstanding
paragraph (1), with respect to the cost of constructing
juvenile detention or correctional facilities, the Federal
share of a grant received under this part may not exceed 50
percent of approved cost.
``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this part may be used
by a State or unit of local government that receives a grant under this
part to contract with private, nonprofit entities, or community-based
organizations to carry out the purposes specified under section
1801(b).
``SEC. 1807. ADMINISTRATIVE PROVISIONS.
``(a) In General.--A State or specially qualified unit that
receives funds under this part shall--
``(1) establish a trust fund in which the government will
deposit all payments received under this part;
``(2) use amounts in the trust fund (including interest)
during the period specified in section 1805(b)(1) and any
extension of that period under section 1805(b)(2);
``(3) designate an official of the State or specially
qualified unit to submit reports as the Attorney General
reasonably requires, in addition to the annual reports required
under this part; and
``(4) spend the funds only for the purpose of strengthening
the juvenile justice system.
``(b) Title I Provisions.--Except as otherwise provided, the
administrative provisions of part H shall apply to this part and for
purposes of this section any reference in such provisions to title I
shall be deemed to include a reference to this part.
``SEC. 1808. ASSESSMENT REPORTS.
``(a) Reports to Attorney General.--
``(1) In general.--Except as provided in paragraph (4), for
each fiscal year for which a grant or subgrant is awarded under
this part, each State or specially qualified unit of local
government that receives such a grant shall submit to the
Attorney General a grant report, and each unit of local
government that receives such a subgrant shall submit to the
State a subgrant report, at such time and in such manner as the
Attorney General may reasonably require.
``(2) grant report.--Each grant report required by
paragraph (1) shall include--
``(A) a summary of the activities carried out with
such grant;
``(B) if such activities included any subgrant, a
summary of the activities carried out with each such
subgrant; and
``(C) an assessment of the effectiveness of such
activities on achieving the purposes of this part.
``(3) subgrant report.--Each subgrant report required by
paragraph (1) shall include--
``(A) a summary of the activities carried out with
such subgrant; and
``(B) an assessment of the effectiveness of such
activities on achieving the purposes of this part.
``(4) Waivers.--The Attorney General may waive the
requirement of an assessment in paragraph (2)(C) for a State or
specially qualified unit of local government, or in paragraph
(3)(B) for a unit of local government, if the Attorney General
determines that--
``(A) the nature of the activities are such that
assessing their effectiveness would not be practical or
insightful;
``(B) the amount of the grant or subgrant is such
that carrying out the assessment would not be an
effective use of those amounts; or
``(C) the resources available to the State or unit
are such that carrying out the assessment would pose a
financial hardship on the State or unit.
``(b) Reports to Congress.--Not later than 90 days after the last
day of each fiscal year for which 1 or more grants are awarded under
this part, the Attorney General shall submit to the Congress a report,
which shall include--
``(1) a summary of the information provided under
subsection (a);
``(2) an assessment by the Attorney General of the grant
program carried out under this part; and
``(3) such other information as the Attorney General
considers appropriate.
``SEC. 1809. TRIBAL GRANT PROGRAM.
``(a) In General.--From the amount made available under section
1811(b), the Attorney General shall make grants to Indian tribes, or
consortia of such tribes, for programs to strengthen tribal juvenile
justice systems and to hold tribal youth accountable.
``(b) Eligibility.--To be eligible to receive grant amounts under
this section, an Indian tribe or consortia of such tribes--
``(1) must carry out tribal juvenile justice functions; and
``(2) shall submit to the Attorney General an application
at such time, in such form, and containing such assurances and
information as the Attorney General may require by guidelines.
``(c) Competitive Awards.--The Attorney General shall award grants
under this section on a competitive basis.
``(d) Guidelines.--In issuing guidelines to carry out this section,
the Attorney General shall ensure that the application for, award of,
and use of grant amounts under this section are consistent with the
purposes and requirements of this part.
``(e) Definition.--For purposes of this section, the term `Indian
tribe' has the meaning given such term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (42 U.S.C. 479a).
``SEC. 1810. DEFINITIONS.
``For purposes of this part:
``(1) The term `unit of local government' means--
``(A) a county, township, city, or political
subdivision of a county, township, or city, that is a
unit of local government as determined by the Secretary
of Commerce for general statistical purposes;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority, in a manner
independent of other State entities, to
establish a budget and raise revenues; and
``(C) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native
village that carries out substantial governmental
duties and powers.
``(2) The term `specially qualified unit' means a unit of
local government which may receive funds under this part only
in accordance with section 1803(e).
``(3) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that--
``(A) the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands (the `partial States')
shall collectively be considered as 1 State; and
``(B) for purposes of section 1803(a), the amount
allocated to a partial State shall bear the same
proportion to the amount collectively allocated to the
partial States as the population of the partial State
bears to the collective population of the partial
States.
``(4) The term `juvenile' means an individual who is 17
years of age or younger.
``(5) The term `juvenile justice expenditures' means
expenditures in connection with the juvenile justice system,
including expenditures in connection with such system to carry
out--
``(A) activities specified in section 1801(b); and
``(B) other activities associated with
prosecutorial and judicial services and corrections as
reported to the Bureau of the Census for the fiscal
year preceding the fiscal year for which a
determination is made under this part.
``(6) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
``SEC. 1811. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part--
``(1) $500,000,000 for fiscal year 2002;
``(2) $500,000,000 for fiscal year 2003; and
``(3) $500,000,000 for fiscal year 2004.
``(b) Tribal Set-Aside.--Of the amount appropriated pursuant to
subsection (a), 2 percent shall be made available for grants under
section 1809.
``(c) Oversight Accountability and Administration.--Of the amount
authorized to be appropriated under subsection (a), there shall be
available to the Attorney General, for each of the fiscal years 2002
through 2004 (as applicable), to remain available until expended--
``(1) not more than 2 percent of that amount, for research,
evaluation, and demonstration consistent with this part;
``(2) not more than 2 percent of that amount, for training
and technical assistance; and
``(3) not more than 1 percent, for administrative costs to
carry out the purposes of this part.
The Attorney General shall establish and execute an oversight plan for
monitoring the activities of grant recipients.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect on the first day
of the first fiscal year that begins after the date of the enactment of
this Act.
SEC. 4. TRANSITION OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANTS
PROGRAM.
For each grant made from amounts made available for the Juvenile
Accountability Incentive Block Grants program (as described under the
heading ``VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW
ENFORCEMENT ASSISTANCE'' in the Department of Justice Appropriations
Act, 2000 (as enacted by Public Law 106-113; 113 Stat. 1537-14)), the
grant award shall remain available to the grant recipient for not more
than 36 months after the date of reciept of the grant.
Passed the House of Representatives October 16, 2001.
Attest:
JEFF TRANDAHL,
Clerk.