Summary: S.2441 — 96th Congress (1979-1980)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (11/19/1980)

(Measure passed House, amended, in lieu of H. R. 6704)

Juvenile Justice Amendments of 1980 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to extend through fiscal year 1984 the current level of authorization of appropriations for the Juvenile Justice and Delinquency Prevention Office, Federal assistance for State programs, and the runaway youth grants program.

Revises the findings of such Act to declare the need for attention to the problems of alcohol abuse by young people and the commission of serious crimes by juveniles.

Modifies the purposes of such Act to include: (1) with respect to the prevention of juvenile delinquency, the policy of strengthening the family unit so that juveniles may be retained in their homes; and (2) assisting State and local governments in removing juveniles from jails and lockups for adults.

Includes "special education" services in the definitions of "community based" facilities, programs, or services and of "treatment" for purposes of such Act. Revises certain definitions in such Act. Adds new definitions of "secure detention facility," "secure correctional facility," and "serious crime."

Places the Office of Juvenile Justice and Delinquency Prevention (OJJDP) under the general authority of the Attorney General, instead of the Law Enforcement Assistance Administration (LEAA). Provides that the Administrator of OJJDP: (1) exercises all necessary powers under the general authority of the Attorney General, rather than under the direction of the Administrator of LEAA; and (2) is authorized to prescribe regulations for specified grants and contracts. Provides that the Administrator of LEAA and the Director of the National Institute of Justice may delegate authority to the Administrator of OJJDP for all juvenile justice and delinquency prevention grants and contracts for funds made available under the Omnibus Crime Control and Safe Streets Act of 1968. Provides that specified Deputy Administrators of OJJDP shall be appointed by the Attorney General rather than by the Administrator of LEAA.

Authorizes the Administrator of LEAA to provide training assistance to Federal, State, and local governments with respect to juvenile delinquency programs.

Limits the authorization of appropriations for the concentration of Federal efforts with respect to juvenile delinquency programs to 7.5 percent of the total amount appropriated to carry out title II of such Act for each fiscal year.

Expands the membership of the Coordinating Council on Juvenile Justice and Delinquency Prevention. Provides that the Council shall report its recommendations to Congress and the President, instead of the Attorney General and the President. Directs the Council to review any joint funding proposals undertaken by the Office of Juvenile Justice and Delinquency Prevention and any agency represented on the Council.

Directs, rather than allows, the Associate Administrator of the Office to appoint necessary personnel.

Limits the authorization of appropriations for the Council to $500,000 per fiscal year.

Revises the composition and duties of the National Advisory Committee for Juvenile Justice and Delinquency Prevention. Reduces its size from 21 to 15 members. Changes the maximum age requirement for certain members. Directs the Committee to seek regular input from juveniles currently under the jurisdiction of the juvenile justice system. Decreases the terms of members from four to three years.

Directs the Advisory Committee to: (1) evaluate Federal juvenile justice policies on a continuing basis; (2) advise the National Institute of Justice with respect to the Institute's juvenile justice policy; (3) refine, and recommend action to facilitate the adoption of, the recommended standards for the administration of juvenile justice currently provided in the Act; and (4) submit interim and annual reports to the President and Congress on the Committee's activities.

Limits the authorization of appropriations for the Advisory Committee to $500,000 per fiscal year.

Includes the Commonwealth of the Northern Mariana Islands among specified entities receiving certain minimum annual allotments.

Requires that State plans for receipt of formula grants be applicable to a three-year period, and be amended and evaluated annually. Makes certain revisions with respect to the advisory group which is required under each State plan. Includes locally elected officials as members of such groups and provides for representation for State special education departments. Replaces the study of State needs with new requirements, including: (1) an analysis of juvenile justice needs which specifies the expected objectives of the various programs; (2) an indication of how the programs relate to other similar State programs; and (3) a plan to concentrate State efforts to coordinate all State juvenile delinquency programs.

Requires that such State plans provide programs for juveniles who have committed serious crimes and projects to deter involvement in illegal activities. Requires that the "advanced techniques" used to prevent juvenile delinquency include education and special education. Makes certain other changes with respect to such techniques.

Requires that statewide programs of assistance to local governments should be designed to: (1) remove juveniles from jails and lockups for adults; (2) replicate juvenile programs designated as exemplary by the National Institute of Justice; (3) establish and adopt standards for the improvement of junvenile justice within the State; and (4) increase the use of nonsecure community- based facilities and discourage the use of secure incarceration and detention.

Declares that specified advanced techniques programs may include programs designed to develop and implement projects relating to juvenile delinquency and learning disabilities, including on-the-job training for law enforcement and juvenile justice personnel to recognize and provide for learning disabled and other handicapped juveniles.

Revises formula grant conditions under such Act to require that State plans provide that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court orders, or such nonoffenders as dependent or neglected children, shall not be placed in secure detention or secure correctional facilities (formerly prohibited any such placement in juvenile detention or correctional facilities or for status offenders).

Allows a State which has met specified conditions to be exempt from reporting requirements with respect to juveniles confined in institutions.

Requires that State plans provide that, beginning after the five-year period following the enactment of this Act, no juvenile shall be confined in any jail or lockup for adults, but requires the Administrator of OJJDP to promulgate regulations which: (1) recognize the special needs of areas characterized by low population density with respect to the detention of juveniles; and (2) permit the temporary detention in such adult facilities of juveniles accused of serious crimes against persons, where no existing acceptable alternative placement is available and provided that such juveniles will not be exposed to regular contact with incarcerated adults. Provides that failure to achieve compliance with such requirement shall terminate any State's eligibility for specified funding unless the State has achieved at least 75 percent removal of juveniles from adult jails and lockups and has made an unequivocal commitment to achieve full compliance in not more than two additional years.

Revises provisions in the case of nonsubmission or nonqualification of a State plan to direct the Administrator to: (1) endeavor to make that State's allotment available to local public and private nonprofit agencies for specified purposes; and (2) make funds which remain available after such disbursement, and any other unobligated funds, available on an equitable basis, for specified purposes, to States that have achieved full compliance with certain requirements.

Includes the removal from secure correctional facilities of 100 percent of children charged with or having committed offenses which would not be criminal if committed by an adult among the possible means of compliance with specified State plan requirements.

Authorizes the Administrator of LEAA to award special emphasis grants for developing statewide programs to: (1) remove juveniles from jails for adults; (2) replicate programs designated exemplary by the National Institute of Justice; and (3) establish standards for the improvement of juvenile justice within the State.

Includes among the purposes for which grants and contracts may be made under such Act the development and implementation of special emphasis prevention and treatment programs relating to juveniles who commit serious crimes.

Requires that special emphasis assistance be available on an equitable basis to deal with disadvantaged youth.

Requires that at least five percent of the funds available for grants and contracts available for special emphasis prevention and treatment programs shall be available for grants and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

Prohibits the use of specified funds under such Act for certain lobbying activities.

Eliminates the Congressional statement of policy that programs funded under such Act shall continue to receive financial assistance if the yearly evaluation of such programs is satisfactory.

Eliminates the provision allowing formula grant funds to be used to meet the non-Federal matching share requirement for other Federal juvenile delinquency program grants.

Authorizes the Administrator, under specified circumstances, to: (1) approve any appropriate State agency designated by a State Governor to supervise the preparation and administration of the State plan; and (2) permit a State advisory group to operate as the supervisory board for such agency, at the discretion of the Governor.

Incorporates specified administrative provisions of the Omnibus Crime Control and Safe Streets Act as administrative provisions applicable to the Juvenile Justice and Delinquency Prevention Act of 1974. Provides that references in such provisions authorizing action by specified officials shall be construed as authorizing the same action by the Administrator of the OJJDP.

Directs the Office of Justice Assistance, Research, and Statistics of LEAA to provide staff support to, and coordinate the activities of, the Office of Juvenile Justice and Delinquency Prevention.

Directs the Administrator of the OJJDP to submit a report to the Congress relating to the cost and implications of any requirement added to the Juvenile Justice and Delinquency Prevention Act of 1974 which would mandate the removal of juveniles from adults in all jails and lockups.

Redesignates title III of the Act as "Runaway and Homeless Youth" (currently "Runaway Youth"). Requires that the runaway and homeless youth program grants be awarded equitably among the States based on their populations of youth under age 18. Permits grants to be made for a national communications system to assist runaway and homeless youth in communicating with their families and service providers. Authorizes the Secretary of Health and Human Services to provide: (1) supplemental grants to runaway centers which develop model programs to assist juveniles who have repeatedly left their homes or other facilities; and (2) on-the-job training to local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, and welfare personnel to recognize and provide for learning disabled and other handicapped juveniles. Requires that priority be given to grants under $150,000 (currently $100,000), and to organizations with demonstrated experience in the area of runaway youth.

Extends eligibility for assistance to applicants who provide services for juveniles who have left home without permission or "other homeless youth."

Makes technical and conforming amendments.