Bill summaries are authored by CRS.

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Passed House amended (09/15/1998)

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: Repeal of Title V Relating to Incentive Grants

for Local Delinquency Prevention Programs

Title IV: Miscellaneous Amendments

Title V: Reforming the Federal Juvenile Justice System

Title VI: Apprehending Armed Violent Youth

Title VII: Accountability for Juvenile Offenders and Public

Protection Incentive Grants

Title VIII: Special Priority for Certain Discretionary

Grants

Title IX: Grant Reduction

Title X: General Provisions

Juvenile Crime Control and Delinquency Prevention Act of 1998 - Title I: Amendments to Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) include a finding that weapons offenses and homicides are two of the fastest growing violent crimes committed by juveniles; (2) include as a purpose to support State and local programs that prevent juvenile involvement in delinquent behavior; 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 requirements that the Administrator of the Office develop for each fiscal year a comprehensive plan of activities and 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 delinquency, particularly violent crime committed by juveniles.

(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) expanded use of probation officers; (3) boot camps for juvenile offenders; (4) 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; (5) establishing policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing treatment plans for juvenile offenders; (6) a system of records equivalent to the records that would be kept for adults relating to any adjudication of juveniles under 18 years of age as delinquent for conduct that would constitute a violent crime if committed by an adult; (7) 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; and (8) programs designed to prevent and reduce hate crimes committed by juveniles.

Revises State plan requirements regarding limits on the placement of juveniles in secure detention or correctional facilities, juvenile contact with adults incarcerated or awaiting trial on criminal charges, and juvenile detention or confinement in adult jails and lockups. Permits the temporary detention of juveniles accused of nonstatus offenses in adult prisons where specified requirements are met, including that: (1) a parent or other legal guardian consents to such detention but has the right to revoke such consent at any time; (2) the juvenile has counsel and the counsel has an opportunity to present the juvenile's position regarding the detention or confinement involved to the court before the court approves; and (3) the detention of such juvenile is approved in advance by a court with competent jurisdiction as being in the best interest of the juvenile and is for a period preceding sentencing.

Modifies State plan requirements to: (1) allow juveniles to be housed in adult facilities for up to 48 (currently, 24) hours before their initial court appearance; and (2) require States to implement systems to ensure that public child welfare records relating to a juvenile before a court in the juvenile justice system that are on file in the geographical area under the court's jurisdiction will be made known to such court.

(Sec. 110) Revises the Juvenile Delinquency Prevention Block Grant Program by: (1) repealing provisions governing grants for the National Institute for Juvenile Justice and Delinquency Prevention, gang-free schools and communities, State challenge activities, treatment for juvenile offenders who are victims of child abuse or neglect, mentoring, boot camps, and the White House Conference on Juvenile Justice; and (2) authorizing the Administrator to make grants under the Juvenile Delinquency Block Grant Program to eligible States for the purpose of providing financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency. Includes among such projects: (1) projects that assist in holding juveniles accountable for their actions; (2) projects that provide treatment to juvenile offenders who are victims of child abuse or neglect; (3) education projects or supportive services for delinquent or other juveniles; (4) projects which expand the use of probation officers; (5) one-on-one mentoring projects; (6) community-based projects which work with juvenile offenders and their family members; (7) substance abuse programs; (8) postsecondary education and training projects; (9) projects designed to prevent or reduce gang participation; (10) employment and job training referral projects; (11) delinquency prevention activities; and (12) family strengthening activities.

Directs that funding be allocated among eligible States as follows: (1) 50 percent based on each State's relative population under 18 years of age; and (2) 50 percent based on each State's three year annual average number of arrests of juveniles for serious crimes.

Prohibits the Administrator from approving a grant application for a fiscal year unless: (1) the State submitted a plan, which is approved by the Administrator, for such fiscal year; or (2) the Administrator waives this requirement to such State for such fiscal year after finding good cause.

Includes among the eligible entities for which a State receiving a grant shall give special consideration for a local grant those entities that represent communities that have a comprehensive plan designed to identify at-risk juveniles and to prevent or reduce juvenile delinquency and that meet other specified requirements.

(Sec. 111) Authorizes the Administrator to undertake specified activities regarding research, evaluation, technical assistance, and training, including making agreements with: (1) the National Institute of Justice or another Federal agency to conduct research and evaluation relating to juvenile delinquency; and (2) the Bureau of Justice Statistics or another Federal agency to undertake statistical work in juvenile justice matters.

Permits Federal agencies to carry out such agreements directly or by making grants to or contracts with public and private agencies, institutions, and organizations.

(Sec. 112) Authorizes the Administrator to make grants to and contracts with States, local governmental units, Indian tribal governments, public and private agencies, organizations, and individuals to carry out projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. Authorizes technical assistance for such grants. Sets forth provisions regarding eligibility and reports.

(Sec. 113) Authorizes appropriations for specified programs under such Act for FY 1999 through 2002.

(Sec. 115) Amends the Act to prohibit the use of funds for: (1) the cost of facility construction, except that up to 15 percent of funds from a State's allocation may be used for replacement or renovation of juvenile facilities; or (2) advocacy or support for the unsecured release of juveniles charged with violent crime.

(Sec. 118) Authorizes the Administrator to: (1) receive surplus Federal property and lease such property to States and units of local government for use in or as facilities for juveniles offenders, or for use in or as facilities for delinquency prevention and treatment activities; and (2) issue rules that establish procedures and methods for making grants and contracts, and distributing funds available, to carry out the Act.

Title II: Amendments to the Runaway and Homeless Youth Act - Amends 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 the services provided to such youth by 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.

(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 and which areas of the State have the greatest need for such services, and to give priority to eligible applicants who have demonstrated experience in providing services to runaway and homeless youth and who request grants of less than $200,000; (2) authority for the transitional living grant program to repeal definitions of "homeless youth" and "transitional living youth project"; (3) eligibility for assistance by stating that the annual report submitted by grant applicants to the Secretary must include statistical summaries describing the number and characteristics of the services provided to the homeless youth; and (4) 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. 208) 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. 209) 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 2002.

(Sec. 211) Amends the Runaway and Homeless Youth Act to require the Secretary, by April 1, 1999, and at two-year intervals thereafter, 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. 213) Authorizes appropriations under such Act for FY 1999 through 2002. Sets forth the division of appropriations among the programs.

(Sec. 214) Grants the Secretary authority to implement a single consolidated application review process.

Title III: Repeal of Title V Relating to Incentive Grants for Local Delinquency Prevention Programs - Repeals Title V of the Juvenile Justice and Delinquency Prevention Act of 1974 regarding incentive grants for local delinquency prevention programs.

Title IV: Miscellaneous Amendments - Authorizes appropriations to the National Center for Missing and Exploited Children for FY 1999 through 2002 to operate a national resource center and clearinghouse designed to: (1) provide to State and local governments, public and private nonprofit agencies, and individuals information regarding services for the benefit of, and Federal programs available to assist, missing children and their families; (2) coordinate public and private programs which locate, recover, or reunite missing children with their legal custodians; (3) disseminate nationally information about innovative and model missing children's programs, services, and legislation; and (4) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of missing and exploited child cases and in locating and recovering missing children.

Title V: Reforming the Federal Juvenile Justice System - Amends provisions of the Federal criminal code regarding delinquency proceedings in district courts and transfer for criminal prosecution to require that a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency (offense or act) be surrendered to State authorities or be proceeded against in Federal court as a juvenile or tried as an adult.

Repeals the prohibition against proceeding against a juvenile in Federal court unless the Attorney General certifies that the State does not have available programs and services adequate for the needs of juveniles.

Authorizes a juvenile to be proceeded against as a juvenile in Federal court if: (1) the alleged offense or act is committed within the special maritime and territorial jurisdiction of the United States and is one for which the maximum authorized term of imprisonment does not exceed six months; or (2) the Attorney General, after investigation, certifies to the appropriate U.S. district court that the juvenile court or other appropriate court of a State does not have, or declines to assume, jurisdiction over the juvenile regarding the alleged act and there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.

Requires, if a juvenile is proceeded against as a juvenile in Federal court, that court be open to the public, except that the court may exclude all or some members of the public other than a victim unless the victim is a witness in the determination of guilt or innocence, if required by the interests of justice or if other good cause is shown.

Requires that a juvenile be prosecuted as an adult if the juvenile:

(1) has requested in writing upon advice of counsel to be prosecuted as an adult; or (2) is alleged to have committed an act after attaining age 14 (current law refers to a juvenile 15 years and older alleged to have committed the act after his 15th birthday) which if committed by an adult would be a serious violent felony or a specified drug offense. Makes this provision inapplicable if the Attorney General certifies to the appropriate U.S. district court that the interests of justice are best served by proceeding against the juvenile as a juvenile.

Allows a juvenile to be prosecuted as an adult if: (1) the juvenile is alleged to have committed an act after attaining age 13 which, if committed after attaining age 14 would require that the juvenile be prosecuted as an adult, upon approval of the Attorney General (but prohibits the Attorney General from delegating the authority to give the required approval to an officer or employee of the Department of Justice (DOJ) at a level lower than a Deputy Assistant Attorney General); and (2) the juvenile is alleged to have committed an act after attaining age 14 which would not constitute a serious violent felony or specified serious drug offense if committed by an adult, but which would be a serious felony, including explosives and specified drug offenses.

Makes certain determinations to approve or not to approve, or to institute or not to institute, prosecution of a juvenile as an adult, and a determination to file or not to file and the contents of certifications under this title, non-reviewable in any court. Permits the juvenile in such prosecutions to be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and to be convicted of a lesser included offense.

Directs the Attorney General to report annually to the Congress on:

(1) the number of juveniles adjudicated delinquent or tried as adults in Federal court; (2) their race, ethnicity, and gender; (3) the number of those juveniles who were abused or neglected by their families; and (4) the number and types of assault crimes committed against juveniles while incarcerated in connection with the adjudication or conviction.

(Sec. 502) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate).

(Sec. 504) Amends provisions regarding detention prior to disposition to: (1) require that a juvenile under age 16 being prosecuted as an adult, if detained prior to sentencing, be detained in a suitable juvenile facility located within, or within a reasonable distance of, the district in which the juvenile is being prosecuted, with exceptions; and (2) prohibit such a juvenile from being detained prior to sentencing in any facility in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. (Current law does not specify the juvenile's age or detention prior to sentencing.) Requires that every juvenile detained prior to sentencing be provided with reasonable safety and security.

(Sec. 505) Requires that a juvenile proceeded against for allegedly committing an offense against the United States or an act of juvenile delinquency be brought to trial within 45 days from the date such detention began or the information be dismissed on motion of the alleged delinquent or at the court's direction, with exceptions.

(Sec. 506) Modifies requirements regarding dispositional hearings. Directs the court, if it finds such juvenile to be a juvenile delinquent, to hold a hearing concerning the appropriate disposition of the juvenile within 40 (currently, 20) court days, unless the court has ordered further study.

Requires that a predisposition report be prepared by the probation officer who shall promptly provide a copy to the juvenile, the juvenile's counsel, and the attorney for the Government.

Specifies that victim impact information shall be included in the report and victims, or (as appropriate) their official representatives, shall be provided the opportunity to make a statement to the court in person or present any information in relation to the disposition. Directs the court, after the dispositional hearing, to impose an appropriate sanction, including the ordering of restitution. Authorizes the court to order the juvenile's parent, guardian, or custodian to be present at the dispositional hearing and the imposition of sanctions, and to issue orders directed to such person regarding conduct with respect to the juvenile.

Limits the term for which: (1) probation may be ordered for a juvenile found to be a juvenile delinquent to five years for a felony or a misdemeanor, and to one year for an infraction; (2) official detention may be ordered for such juvenile to the least of the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult, ten years, or the period until the juvenile becomes 26 years old; and (3) supervised release may be ordered for such juvenile to five years.

Directs the United States Sentencing Commission to develop a list of possible sanctions for juveniles adjudicated delinquent, which shall: (1) be comprehensive and encompass punishments of varying levels of severity; (2) include terms of confinement; and (3) provide punishments that escalate in severity with each additional or subsequent more serious delinquent conduct.

Requires the court, in the case of a defendant convicted for conduct that occurred before the juvenile attained age 16, to impose a sentence without regard to any statutory minimum sentence, if it finds at sentencing (after affording the Government an opportunity to make a recommendation) that the juvenile previously has not been adjudicated delinquent for or convicted of a serious violent felony or specified serious drug offenses.

(Sec. 507) Modifies provisions regarding juvenile records. Requires the court, throughout and upon completion of the juvenile delinquency proceeding, to keep a record relating to the arrest and adjudication of a juvenile alleged to have committed an offense or act that is: (1) equivalent to the record that would be kept of an adult arrest and conviction for such an offense; and (2) retained for a period equal to that for which adult conviction records are kept. Directs that such records be made available for official purposes, including communications with any victim or, in the case of a deceased victim, such victim's representative, or school officials, and to the public to the same extent as court records regarding the criminal prosecutions of adults are available.

Requires the Attorney General to establish guidelines for fingerprinting and photographing a juvenile who is the subject of any such proceeding. Directs that fingerprints and photographs of a juvenile who is prosecuted as an adult be made available in the manner applicable to adult offenders.

Requires the court, whenever a juvenile has been adjudicated delinquent for an act that, if committed by an adult, would be a felony or for a violation of specified firearms prohibitions, to transmit to the Federal Bureau of Investigation information concerning the adjudication, along with a notation that the matter was a juvenile adjudication.

Sets forth provisions regarding the reporting, retention, disclosure, or availability of records or information where such activities are authorized or required in the law of the State in which a Federal juvenile delinquency proceeding takes place.

Title VI: Apprehending Armed Violent Youth - Directs the Attorney General to establish an armed violent youth apprehension program under which: (1) each U.S. attorney shall designate at least one assistant U.S. attorney to prosecute armed violent youth and establish an armed youth criminal apprehension task force; (2) at least bimonthly, the Attorney General shall require each U.S. attorney to report to DOJ the number of youths charged with, or convicted of, violating specified Federal firearms-related prohibitions in the district for which the U.S. attorney is appointed and the number of youths referred to a State for prosecution for similar offenses; and (3) at least biannually, the Attorney General shall submit to the Congress a compilation of such information and a report of all waivers granted. Sets forth waiver authority and sunset provisions.

Title VII: Accountability for Juvenile Offenders and Public Protection Incentive Grants - Juvenile Accountability Block Grants Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to replace provisions regarding grants to develop alternative methods of punishment for young offenders with provisions authorizing the Attorney General to provide grants to promote greater accountability in the juvenile justice system, including grants to: (1) build, expand, renovate, or operate temporary or permanent juvenile correction or detention facilities; (2) hire additional juvenile judges, probation officers, court- appointed defenders, and prosecutors; (3) provide funding for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders; and (4) establish drug court programs for juveniles.

Sets forth State and local government eligibility requirements, including assurances that the State or local governmental unit have in effect, or have implemented, laws, policies, and programs that: (1) ensure that juveniles who, after attaining age 15, commit an act that would be a serious violent crime if committed by an adult are treated as adults for purposes of prosecution as a matter of law or that the prosecutor has authority to determine whether or not to prosecute such juveniles as adults; (2) impose sanctions on juvenile offenders for every delinquent or criminal act or violation of probation and ensure that such sanctions escalate in severity with each subsequent, more serious delinquent or criminal act or probation violation; and (3) establish or ensure that there is in place a system of records relating to any adjudication of a juvenile who has a prior delinquency adjudication and who is adjudicated delinquent for conduct that if committed by an adult would constitute a felony under Federal or State law, which is equivalent to the system maintained for adults who commit felonies under Federal or State law.

Requires that 75 percent of the funding received by a State be provided to units of local government. Limits the amount of funds received that a State or local government may use for administrative costs to ten percent. Defines "serious violent crime" to mean murder, aggravated sexual assault, and assault with a firearm.

Authorizes appropriations. Sets forth provisions regarding oversight accountability and administration.

Title VIII: Special Priority for Certain Discretionary Grants - Amends the Safe Streets Act to require the Director of the Bureau of Justice Assistance, in awarding discretionary drug control and system improvement (Byrne program) grants to public agencies to undertake law enforcement initiatives relating to gangs or to juveniles who are involved or at risk of involvement in gangs, to give special priority to a public agency that includes in its application a description of strategies for intergovernmental cooperation to disrupt the illegal sale or transfer of firearms to or between juveniles through tracing the sources of crime guns provided to juveniles.

Title IX: Grant Reduction - Amends the Safe Streets Act to provide for a 20 percent reduction and redistribution of funds under the Byrne program for a State, unless the State: (1) submits to the Attorney General, within a year, a plan that describes a process to notify parents regarding the enrollment of a juvenile sex offender in an elementary or secondary school that their child attends; and (2) adheres to the requirements described in such plan in each subsequent year as determined by the Attorney General.

Title X: 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, 1998.