Summary: H.R.3876 — 104th Congress (1995-1996)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (09/12/1996)

TABLE OF CONTENTS:

Title I: Amendments to Juvenile Justice and Delinquency

Prevention Act of 1974

Title II: Amendments to the Runaway and Homeless Youth Act

Title III: Amendments to the Missing Children's Assistance

Act

Title IV: Incentive Grants for Local Delinquency Prevention

Programs

Title V: General Provisions

Juvenile Crime Control and Delinquency Prevention Act of 1996 - Title I: Amendments to Juvenile Justice and Delinquency Prevention Act of 1974 - Modifies the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) include a finding that weapons offenses and homicides are the two fastest growing violent crimes committed by juveniles; (2) include as a purpose to support State and local programs that prevent juvenile involvement in delinquent activities; and (3) define "violent crime" as murder or non-negligent manslaughter, forcible rape, or robbery, or aggravated assault committed with the use of a firearm.

(Sec. 104) Redesignates the Office of Juvenile Justice and Delinquency Prevention as the Office of Juvenile Crime Control and Delinquency Prevention.

(Sec. 105) Modifies provisions of the Act regarding: (1) concentration of Federal effort to repeal the requirement that each Federal agency administering a Federal juvenile delinquency program submit annually a juvenile delinquency development statement; and (2) an annual report to require that such report include an evaluation of programs funded and their effectiveness in reducing the incidence of juvenile crime, particularly violent crimes.

(Sec. 106) Eliminates: (1) the Coordinating Council on Juvenile Justice and Delinquency Prevention; and (2) certain allocations of funds to the Trust Territory of the Pacific Islands.

(Sec. 109) Modifies Act requirements regarding State plans. Provides that the advisory group shall consist of the State attorney general or such other State official who has primary responsibility for overseeing the enforcement of State criminal laws. Requires State plans to: (1) contain plans for providing needed services for the prevention and treatment of juvenile delinquency in rural areas, mental health services to juveniles in the juvenile justice system, and gender-specific services for the prevention and treatment of juvenile delinquency; and (2) provide for the coordination and maximum utilization of existing juvenile delinquency programs, programs operated by private agencies, and other related programs in the State.

Requires such plans to provide that not less than 75 percent of the funds available to the State be used for specified purposes, including: (1) programs that assist in holding juveniles accountable for their actions; (2) a system of graduated sanctions for juvenile delinquents that ensures a sanction for every delinquent act; (3) expanded use of probation officers; (4) boot camps for juvenile offenders; (5) other activities (such as court-appointed special advocates) that the State determines will hold juveniles accountable for their acts and decrease juvenile involvement in delinquent activities; (6) a system (subject to the discretion of the State) that provides for the prosecution as adults of juveniles under age 18 who commit an act that would be a violent crime if committed by an adult; (7) a system of records equivalent to the records that would be kept for adults relating to any adjudication of juveniles as delinquent for conduct that would constitute a violent crime if committed by an adult; and (8) programs that utilize multidisciplinary interagency case management and information sharing that enable the juvenile justice and law enforcement agencies, schools, and social service agencies to make more informed decisions regarding early identification, control, supervision, and treatment of juveniles who repeatedly commit violent or serious delinquent acts.

Requires State plans to: (1) allow certain juveniles to be placed in secure detention or correctional facilities temporarily to the extent necessary to reunite such juveniles with their parents or legal guardians; (2) provide that juveniles alleged or found to be delinquent will not have unsupervised incidental contact with incarcerated adults convicted of a crime or awaiting trial on criminal charges; (3) provide that no juvenile will be detained or confined in any jail or lockup for adults, except, at the election of the State, juveniles who are convicted or charged as an adult with a violent crime and under other specified circumstances; and (4) provide that if a juvenile is taken into custody under a valid court order issued for committing a status offense, the appropriate child protective services agency shall be promptly notified, an authorized representative of such agency shall interview such juvenile in person within 24 hours, such representative shall submit a recommendation to the court that issued such order regarding the proper treatment plan for such juvenile, and such court shall conduct a hearing within 72 hours to determine whether there is reasonable cause to believe that such juvenile committed such status offense and to determine the appropriate placement of such juvenile pending disposition of the status offense that is the subject of such order.

(Sec. 110) Renames the National Institute for Juvenile Justice and Delinquency Prevention as the National Institute for Juvenile Crime Control and Delinquency Prevention.

(Sec. 111) Revises Act provisions regarding research, demonstration, and evaluation to authorize the Administrator of the Office to: (1) encourage the study of the prevention of serious and violent crimes; (2) provide for the evaluation of programs and interventions designed to prevent juvenile violence and of other juvenile delinquency programs to determine their results and effectiveness; (3) make assessments regarding the extent to which juveniles in the juvenile justice system are treated differently on the basis of sex, race, family composition, past delinquent behavior, or family income and the ramifications of such treatment on such juveniles and on the recidivism rate; (4) examine the nature and extent to which States have opened juvenile delinquency proceedings and records of such proceedings to the public and the impact on the recidivism rate of juveniles and on their post-adjudication involvement in school, success in employment, and relationship with family and community; and (5) support research on reducing the proportion of juveniles detained or confined in secure detention or correctional facilities, jails, and lockups who are members of minority groups, on achieving a better understanding of the commission of hate crimes by juveniles, and on the extent, nature, risk, and protective factors and causes of juvenile violence and delinquency and the effectiveness of restitution and graduated sanctions on reducing juvenile violence and delinquency.

(Sec. 112) Modifies Act provisions regarding training functions and training programs to repeal provisions regarding juveniles who commit hate crimes.

(Sec. 115) Repeals specified provisions regarding: (1) special studies and reports; (2) State challenge activities; (3) treatment for juvenile offenders who are victims of child abuse or neglect; (4) mentoring; and (5) boot camps.

(Sec. 116) Revises the Act to authorize the Administrator, on a competitive basis, to make grants and contracts for specified programs, including establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system and authorizing activities to ensure juvenile accountability for nonviolent criminal activities. Repeals provisions regarding improving the quality of legal representation for juveniles, programs stressing advocacy activities aimed at improving services to juveniles affected by the juvenile justice system, developing or implementing education programs, and addressing efforts to reduce the proportion of juveniles detained or confined who are members of minority groups under specified circumstances.

(Sec. 117) Modifies Act provisions regarding: (1) considerations for approval of grant applications to direct the Administrator to consider the potential for success of the proposed program and the extent to which the program serves communities that have high rates of juvenile delinquency, violent juvenile crime, dropping out of school, unemployment among juveniles no longer attending elementary or secondary school, and juvenile participation in gangs; and (2) gang-free schools and communities to authorize the Administrator to make grants to, or contracts with, public and nonprofit private agencies and organizations to establish and carry out programs designed to prevent and reduce the participation of juveniles in gangs that commit crimes (particularly violent crimes), unlawfully use firearms and other weapons, or unlawfully traffic in drugs. Directs the Administrator to give priority to applications for grants and contracts to carry out programs that have the greatest potential for success, private sector support, and broad-based community support.

(Sec. 121) Authorizes appropriations for FY 1997 through 2000, subject to specified requirements.

(Sec. 122) Limits the Administrator's authority to establish rules, regulations, and procedures regarding State plans.

(Sec. 123) Prohibits funds paid to any public or private agency, organization, or institution, or to any individual, for planning, developing, or operating juvenile justice programs from being used for the construction of any facility, with exceptions.

Title II: Amendments to the Runaway and Homeless Youth Act - Modifies the Runaway and Homeless Youth Act to: (1) include findings that it is the responsibility of the Federal Government to develop an accurate national reporting system on runaway and homeless youth and that services for such youth are needed in urban, suburban, and rural areas; (2) authorize the Secretary of Health and Human Services to make grants to public and nonprofit private entities to establish and operate local centers to provide services for such youth and their families; (3) require a grant applicant, to be eligible for assistance, to include assurances that the applicant shall submit an annual report that includes statistical summaries describing the number and the characteristics of such youth and youth at risk of family separation who participated in the project; and (4) modify the services that applicants must plan to provide in order to use grant money for street-based, home-based, and drug abuse education and prevention services (current provisions make no mention of the latter).

(Sec. 204) Revises Act provisions regarding: (1) approval of applications to direct the Secretary to consider the geographical distribution in the State of the proposed services; (2) authority for the transitional living grant program to repeal definitions of "homeless youth" and "transitional living youth project"; and (3) authority to make grants for research, demonstration, and service projects to repeal references to home-based and street based services from the research and demonstration projects.

(Sec. 207) Repeals provisions of the Act: (1) regarding temporary demonstration projects to provide services to youth in rural areas; (2) directing that assistance to potential grantees include information on the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved; and (3) barring the disclosure and transfer of records containing the identity of individual youths. Directs the Secretary to evaluate on-site a grantee that receives grants for three consecutive fiscal years.

(Sec. 208) Modifies provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding education and prevention grants to reduce sexual abuse of runaway, homeless, and street youth to authorize the Secretary to make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless youth and street youth who have been subjected to, or are at risk of, sexual abuse. Extends the authorization of appropriations through FY 2000.

(Sec. 210) Revises the Runaway and Homeless Youth Act to require the Secretary, by April 1, 1998 and at two-year intervals, to submit to specified congressional committees a report on the status, activities, and accomplishments of entities that receive grants under the Act. Lists information that must be included in the report. Requires the Secretary to include summaries of the Secretary's evaluations of grantees and descriptions of the qualifications and training of the individuals administering the evaluations.

(Sec. 212) Authorizes appropriations for FY 1997 through 2000. Sets forth the division of appropriations among the programs.

(Sec. 213) Grants the Secretary authority to implement a single consolidated application review process.

Title III: Amendments to the Missing Children's Assistance Act - Amends the Missing Children's Assistance Act to authorize appropriations for FY 1997 through 2000.

(Sec. 302) Repeals a provision of such Act regarding a special study and report of the obstacles to individuals with legal custody in recovering children from parents who have taken them in violation of law.

Title IV: Incentive Grants for Local Delinquency Prevention Programs - Amends the Incentive Grants for Local Delinquency Prevention Programs Act to: (1) eliminate the requirement that the Administrator must submit an annual plan on coordination efforts and policy development; (2) modify provisions regarding grants for prevention programs to require the Administrator to give priority to applicants that demonstrate ability in providing services that prevent juvenile involvement in delinquent activities and securing private sector support and providing services that have such support; (3) repeal the definition of "State advisory group"; and (4) authorize appropriations for FY 1997 through 2000.

Title V: General Provisions - Makes this Act effective on the date of its enactment. Specifies that amendments made by this Act shall apply only to fiscal years beginning after September 30, 1996.