Bill summaries are authored by CRS.

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Passed House amended (09/20/2001)

Juvenile Justice and Delinquency Prevention Act of 2001 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (the Act) to modify State plan provisions to permit the use of Federal funds to support State programs such as: (1) programs that utilize multidisciplinary interagency case management and information sharing procedures; (2) the expanded use of probation officers; (3) community-based programs that provide follow-up post-placement services to adjudicated juveniles to promote successful reintegration into the community; (4) projects designed to develop and implement programs to protect the rights of juveniles affected by the juvenile justice system; and (5) programs designed to provide mental health services for incarcerated juveniles suspected to be in need of such services, including assessment, development of individualized treatment plans, and discharge plans.

Sets forth prohibitions against detained juveniles having physical and sustained oral and visual contact with adult inmates. Requires the State to have in effect a policy that requires individuals who work with both such juveniles and adult inmates in collocated facilities to have been trained and certified to work with juveniles.

Extends the period of time that a juvenile may be held while awaiting an initial court appearance to up to 48 hours, excluding weekends and holidays. Allows juveniles to be held in adult facilities for not to exceed 20 days as long as the parent or guardian consents, the juvenile's counsel has the opportunity to present the juvenile's position regarding the detention, the court hears from the juvenile prior to approval of placement and there is no existing acceptable placement, the parent or legal guardian (or guardian ad litem) of the jurisdiction involved consents and it is approved in advance by the court. Requires that such placement be reviewed periodically at intervals of not more than five days for the duration of the detention or confinement.

Eliminates the need for a judge to receive a report from an "appropriate public agency" (other than a court or law enforcement agency) before the issuance of a valid court order allowing a juvenile to be held in a secure facility. Requires such agency to be promptly notified if a juvenile is held under a valid court order. Requires such agency to interview the juvenile within 24 hours of the referral and to submit an assessment to the court regarding the juvenile's immediate needs. Directs the court, after receipt of such report, to determine: (1) if the juvenile violated such order; and (2) the appropriate placement for the juvenile, pending disposition of the violation alleged.

Authorizes the use of Juvenile Delinquency Prevention Block Grants for specified purposes, including: (1) projects that provide treatment to juvenile offenders, including treatment for mental health problems and for juveniles who have experienced violence; (2) projects which provide for an assessment of, and individualized treatment plans for, incarcerated juveniles suspected to be in need of mental health services; (3) after-school programs for at-risk juveniles; (4) programs related to the establishment and maintenance of a school violence hotline; (5) programs designed to reduce the unlawful acquisition and illegal use of guns by juveniles; (6) projects that include collaboration on prenatal care for pregnant juvenile offenders; (7) programs designed to prevent animal cruelty by juveniles and to counsel juveniles who commit animal cruelty offenses; (8) programs that provide suicide prevention services for incarcerated juveniles and for juveniles leaving the incarceration system; (9) programs to establish partnerships between State educational agencies and local educational agencies for the design and implementation of character education and training programs; (10) programs that foster strong character development in at-risk juveniles and juveniles in the juvenile justice system; and (11) local programs that provide for immediate psychological evaluation and followup treatment for juveniles who bring a gun on school grounds without permission from appropriate school authorities.

Modifies State application requirements for grants to require assurances that: (1) applications were prepared after consultation with and participation by the State advisory group; and(2) such group will be afforded the opportunity to review and comment on all grant applications submitted to the State agency.

Provides for grants to Indian tribes. Specifies that if the Administrator of the Office of Juvenile Justice and Delinquency Prevention determines that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of any program or activity to be funded under the grant, the Administrator may increase the Federal share of the cost to the extent deemed necessary.

Authorizes the Administrator to undertake specified activities regarding research, evaluation, technical assistance, and training, including: (1) conducting research or evaluation for the purpose of evaluating services, treatment, and aftercare placement of juveniles who were under the care of the State child protection system before their placement in the juvenile justice system; (2) determining the frequency, seriousness, and incidence of drug use by youth in schools and communities in the States using specified data and the frequency, degree of harm, and morbidity of violent incidents, particularly firearm-related injuries and fatalities, by youth in schools and communities in the States; (3) conducting a study with respect to juveniles who, prior to placement in the juvenile justice system, were under the care or custody of the State child welfare system and juveniles who are unable to return to their family after completing their disposition in the juvenile justice system and remain wards of the State; and (4) providing training and technical assistance to mental health professionals and law enforcement personnel to address or promote the development, testing, or demonstration of promising or innovative models, programs, or delivery systems that address the needs of delinquent juveniles who are placed in secure detention or confinement or in non-secure residential placements.

Prohibits the payment of funds under such Act to a residential program (excluding a program in a private residence) unless: (1) there is in effect in the State in which such placement or care is provided a requirement that the provider may be licensed only after satisfying explicit standards of discipline that prohibit neglect and physical and mental abuse; (2) such provider is so licensed by the State; and (3) such provider satisfies the licensing standards of each other State from which such provider receives a juvenile for placement or care in accordance with the Interstate Compact on Child Placement.

Prohibits the use of funds under such Act to support the unsecured release of juveniles charged with a violent crime.

Specifies that nothing under such Act shall prevent otherwise eligible organizations from receiving grants or from modifying or affecting existing Federal or State laws related to collective bargaining rights of employees.

Permits the Administrator to receive surplus Federal property and lease it to States for use in or as facilities for delinquency prevention and treatment activities.

Specifies that materials produced, procured, or distributed both using funds appropriated to carry out such Act and for preventing hate crimes that result in acts of physical violence shall not recommend or require any action that abridges or infringes upon specified constitutionally protected rights.