Post on 31-May-2018
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
1/53
II
110TH CONGRESS2D SESSION S. 3155
To reauthorize and improve the Juvenile Justice and Delinquency Prevention
Act of 1974, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 18, 2008
Mr. LEAHY (for himself, Mr. SPECTER, and Mr. KOHL) introduced the fol-lowing bill; which was read twice and referred to the Committee on the
Judiciary
A BILL
To reauthorize and improve the Juvenile Justice and
Delinquency Prevention Act of 1974, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled,2
SECTION 1. SHORT TITLE.3
This Act may be cited as the Juvenile Justice and4
Delinquency Prevention Reauthorization Act of 2008.5
SEC. 2. TABLE OF CONTENTS.6
The table of contents for this Act is as follows:7
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE IFINDINGS AND DECLARATION OF PURPOSE
Sec. 101. Findings.
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
2/53
2
S 3155 IS
Sec. 102. Purposes.
Sec. 103. Definitions.
TITLE IIJUVENILE JUSTICE AND DELINQUENCY PREVENTION
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Preven-
tion.Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Research and evaluation; statistical analyses; information dissemina-
tion.
Sec. 208. Training and technical assistance.
Sec. 209. Incentive grants for State and local programs.
Sec. 210. Authorization of appropriations.
Sec. 211. Administrative authority.
Sec. 212. Technical and conforming amendments.
TITLE IIIINCENTIVE GRANTS FOR LOCAL DELINQUENCY
PREVENTION PROGRAMS
Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Authorization of appropriations.
Sec. 304. Technical and conforming amendment.
TITLE IFINDINGS AND1
DECLARATION OF PURPOSE2
SEC. 101. FINDINGS.3
Section 101 of the Juvenile Justice and Delinquency4
Prevention Act of 1974 (42 U.S.C. 5601) is amended to5
read as follows:6
SEC. 101. FINDINGS.7
Congress finds the following:8
(1) A growing body of adolescent development9
research supports the use of developmentally appro-10
priate services and sanctions for youth in the juve-11
nile justice system and those at risk for delinquent12
behavior to help prevent youth crime and to success-13
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
3/53
3
S 3155 IS
fully intervene with youth who have already entered1
the system.2
(2) Research has shown that targeted invest-3
ments to redirect offending juveniles onto a different4
path are cost effective and can help reduce juvenile5
recidivism and adult crime.6
(3) Minorities are disproportionately rep-7
resented in the juvenile justice system.8
(4) Between 1990 and 2004, the number of9
youth in adult jails increased by 208 percent.10
(5) Every day in the United States, an aver-11
age of 7,500 youth are incarcerated in adult jails.12
(6) Youth who have been previously tried as13
adults are, on average, 34 percent more likely to14
commit crimes than youth retained in the juvenile15
justice system.16
(7) Research has shown that every dollar17
spent on evidence based programs can yield up to18
$13 in cost savings.19
(8) Each child prevented from engaging in re-20
peat criminal offenses can save the community21
$1,700,000 to $3,400,000.22
(9) Youth are 19 times more likely to commit23
suicide in jail than youth in the general population24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
4/53
4
S 3155 IS
and 36 times more likely to commit suicide in an1
adult jail than in a juvenile detention facility.2
(10) Seventy percent of youth in detention are3
held for nonviolent charges, and more than 23 are4
charged with property offenses, public order of-5
fenses, technical probation violations, or status of-6
fenses, such as truancy, running away, or breaking7
curfew.8
(11) The prevalence of mental disorders9
among youth in juvenile justice systems is 2 to 310
times higher than among youth in the general popu-11
lation.12
(12) Eighty percent of juveniles in juvenile13
justice systems have a nexus to substance abuse.14
(13) The proportion of girls entering the jus-15
tice system has increased steadily over the past sev-16
eral decades, rising from 20 percent in 1980 to 2917
percent in 2003..18
SEC. 102. PURPOSES.19
Section 102 of the Juvenile Justice and Delinquency20
Prevention Act of 1974 (42 U.S.C. 5602) is amended21
(1) in paragraph (2), by striking and at the22
end;23
(2) in paragraph (3), by striking the period at24
the end and inserting ; and; and25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
5/53
5
S 3155 IS
(3) by adding at the end the following:1
(4) to support a continuum of programs (in-2
cluding delinquency prevention, intervention, mental3
health and substance abuse treatment, and4
aftercare) to address the needs of at-risk youth and5
youth who come into contact with the justice sys-6
tem..7
SEC. 103. DEFINITIONS.8
Section 103 of the Juvenile Justice and Delinquency9
Prevention Act of 1974 (42 U.S.C. 5603) is amended10
(1) by amending paragraph (18) to read as fol-11
lows:12
(18) the term Indian tribe has the meaning13
given that term in section 4 of the Indian Self-De-14
termination and Education Assistance Act (2515
U.S.C. 450b);;16
(2) in paragraph (22), by striking or confine17
adults and all that follows and inserting or con-18
fine adult inmates;;19
(3) by amending paragraph (26) to read as fol-20
lows:21
(26) the term adult inmate22
(A) means an individual who23
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
6/53
6
S 3155 IS
(i) has reached the age of full crimi-1
nal responsibility under applicable State2
law; and3
(ii) has been arrested and is in cus-4
tody for or awaiting trial on a criminal5
charge, or is convicted of a criminal charge6
offense; and7
(B) does not include an individual who8
(i) at the time of the time of the of-9
fense, was younger than the maximum age10
at which a youth can be held in a juvenile11
facility under applicable State law; and12
(ii) was committed to the care and13
custody of a juvenile correctional agency by14
a court of competent jurisdiction or by op-15
eration of applicable State law;;16
(4) in paragraph (28), by striking and at the17
end;18
(5) in paragraph (29), by striking the period at19
the end and inserting a semicolon; and20
(6) by adding at the end the following:21
(30) the term core requirements means the22
requirements described in paragraphs (11), (12),23
(13), and (15) of section 223(a);24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
7/53
7
S 3155 IS
(31) the term chemical agent means a spray1
used to temporarily incapacitate a person, including2
oleoresin capsicum spray, tear gas, and 2-chloro-3
benzalmalononitrile gas;4
(32) the term isolation5
(A) means any instance in which a youth6
is confined alone for more than 15 minutes in7
a room or cell; and8
(B) does not include confinement in the9
room or cell in which the youth usually sleeps,10
protective confinement (for injured youths or11
youths whose safety is threatened), separation12
based on an approved treatment program, rou-13
tine confinement at the time of the youths ad-14
mission, confinement that is requested by the15
youth, or the separation of the youth from a16
group in a non-locked setting for the purpose of17
calming;18
(33) the term restraint has the meaning19
given that term in section 591 of the Public Health20
Service Act (42 U.S.C. 290ii);21
(34) the term evidence based means a pro-22
gram or practice that is demonstrated to be effective23
and that24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
8/53
8
S 3155 IS
(A) is based on a clearly articulated and1
empirically supported theory;2
(B) has measurable outcomes, including a3
detailed description of what outcomes were pro-4
duced in a particular population; and5
(C) has been scientifically tested, opti-6
mally through randomized, controlled studies;7
(35) the term promising means a program or8
practice that is demonstrated to be effective based9
on positive outcomes from 1 or more objective eval-10
uations, or based on practice knowledge, as docu-11
mented in writing to the Administrator; and12
(36) the term dangerous practice means an13
act, procedure, or program that creates an unreason-14
able risk of physical injury, pain, or psychological15
harm to a juvenile subjected to the act, procedure,16
or program..17
TITLE IIJUVENILE JUSTICE18
AND DELINQUENCY PREVEN-19
TION20
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.21
Section 204(a)(2)(B)(i) of the Juvenile Justice and22
Delinquency Prevention Act of 1974 (42 U.S.C.23
5614(a)(2)(B)(i)) is amended by striking 240 days after24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
9/53
9
S 3155 IS
the date of enactment of this paragraph and inserting1
July 2, 2009.2
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE3
AND DELINQUENCY PREVENTION.4
Section 206 of the Juvenile Justice and Delinquency5
Prevention Act of 1974 (42 U.S.C. 5616) is amended6
(1) in subsection (a)7
(A) in paragraph (1)8
(i) by inserting the Administrator of9
the Substance Abuse and Mental Health10
Services Administration, the Secretary of11
Defense, the Secretary of Agriculture,12
after the Secretary of Health and Human13
Services,; and14
(ii) by striking Commissioner of Im-15
migration and Naturalization and insert-16
ing Assistant Secretary for Immigration17
and Customs Enforcement; and18
(B) in paragraph (2)(A), by inserting (in-19
cluding at least 1 representative from the men-20
tal health fields) after field of juvenile jus-21
tice; and22
(2) in subsection (c)23
(A) in paragraph (1), by striking para-24
graphs (12)(A), (13), and (14) of section25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
10/53
10
S 3155 IS
223(a) of this title and inserting the core re-1
quirements; and2
(B) in paragraph (2)(B)3
(i) by striking 180 days after the4
date of the enactment of this paragraph5
and inserting May 3, 2009; and6
(ii) by striking Committee on Edu-7
cation and the Workforce and inserting8
Committee on Education and Labor.9
SEC. 203. ANNUAL REPORT.10
Section 207 of the Juvenile Justice and Delinquency11
Prevention Act of 1974 (42 U.S.C. 5617) is amended12
(1) in the matter preceding paragraph (1), by13
striking a fiscal year and inserting each fiscal14
year;15
(2) in paragraph (1)16
(A) in subparagraph (B), by inserting ,17
ethnicity, after race;18
(B) in subparagraph (E), by striking19
and at the end;20
(C) in subparagraph (F)21
(i) by inserting and other before22
disabilities,; and23
(ii) by striking the period at the end24
and inserting a semicolon; and25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
11/53
11
S 3155 IS
(D) by adding at the end the following:1
(G) a summary of data from 1 month of2
the applicable fiscal year of the use of restraints3
and isolation upon juveniles held in the custody4
of secure detention and correctional facilities5
operated by a State or unit of local government;6
(H) the number of juveniles released from7
custody and the type of living arrangement to8
which each such juvenile was released; and9
(I) the number of status offense cases pe-10
titioned to court, number of status offenders11
held in secure detention, the findings used to12
justify the use of secure detention, and the av-13
erage period of time a status offender was held14
in secure detention; and15
(3) by adding at the end the following:16
(5) A description of the criteria used to deter-17
mine what programs qualify as evidence based and18
promising programs under this title and title V and19
a comprehensive list of those programs the Adminis-20
trator has determined meet such criteria.21
(6) A description of funding provided to In-22
dian tribes under this Act, including direct Federal23
grants and funding provided to Indian tribes24
through a State or unit of local government..25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
12/53
12
S 3155 IS
SEC. 204. ALLOCATION OF FUNDS.1
Section 222 of the Juvenile Justice and Delinquency2
Prevention Act of 1974 (42 U.S.C. 5632) is amended3
(1) in subsection (a)(1), by striking age eight-4
een. and inserting 18 years of age, based on the5
most recent census data to monitor any significant6
changes in the relative population of people under7
18 years of age occurring in the States.;8
(2) by redesignating subsections (c) and (d) as9
subsections (d) and (e), respectively;10
(3) by inserting after subsection (b) the fol-11
lowing:12
(c)(1) If any amount allocated under subsection (a)13
is withheld from a State due to noncompliance with the14
core requirements, the funds shall be reallocated for an15
improvement grant designed to assist the State in achiev-16
ing compliance with the core requirements.17
(2) The Administrator shall condition a grant de-18
scribed in paragraph (1) on19
(A) the State, with the approval of the Admin-20
istrator, developing specific action steps designed to21
restore compliance with the core requirements; and22
(B) submitting to the Administrator semi-23
annually a report on progress toward implementing24
the specific action steps developed under subpara-25
graph (A).26
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
13/53
13
S 3155 IS
(3) The Administrator shall provide appropriate and1
effective technical assistance directly or through an agree-2
ment with a contractor to assist a State receiving a grant3
described in paragraph (1) in achieving compliance with4
the core requirements.;5
(4) in subsection (d), as so redesignated, by6
striking efficient administration, including moni-7
toring, evaluation, and one full-time staff position8
and inserting effective and efficient administration,9
including the designation of at least 1 person to co-10
ordinate efforts to achieve and sustain compliance11
with the core requirements; and12
(5) in subsection (e), as so redesignated, by13
striking 5 per centum and inserting not more14
than 5 percent.15
SEC. 205. STATE PLANS.16
Section 223 of the Juvenile Justice and Delinquency17
Prevention Act of 1974 (42 U.S.C. 5633) is amended18
(1) in subsection (a)19
(A) in the matter preceding paragraph (1),20
by inserting Not later than 30 days after the21
date on which a plan or amended plan sub-22
mitted under this subsection is finalized, a23
State shall make the plan or amended plan pub-24
licly available by posting the plan or amended25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
14/53
14
S 3155 IS
plan on a publicly available website. after1
compliance with State plan requirements.;2
(B) in paragraph (3)3
(i) in subparagraph (A)(ii)4
(I) in subclause (II), by striking5
counsel for children and youth and6
inserting publicly supported court-7
appointed legal counsel for children8
and youth charged in delinquency9
matters;10
(II) in subclause (III), by strik-11
ing mental health, education, special12
education and inserting childrens13
mental health, education, child and14
adolescent substance abuse, special15
education, services for youth with dis-16
abilities;17
(III) in subclause (V), by striking18
delinquents or potential delinquents19
and inserting delinquent youth or20
youth at risk of delinquency, including21
volunteers who work with youth of22
color;23
(IV) in subclause (VII), by strik-24
ing and at the end;25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
15/53
15
S 3155 IS
(V) by redesignating subclause1
(VIII) as subclause (XI);2
(VI) by inserting after subclause3
(VII) the following:4
(VIII) the executive director or5
the designee of the executive director6
of a public or nonprofit entity that is7
located in the State and receiving a8
grant under part A of title III;9
(IX) persons with expertise and10
competence in preventing and ad-11
dressing mental health or substance12
abuse problems in juvenile delinquents13
and those at-risk of delinquency;14
(X) representatives of victim or15
witness advocacy groups; and; and16
(VII) in subclause (XI), as so re-17
designated, by striking disabilities18
and inserting and other disabilities,19
truancy reduction or school failure;20
(ii) in subparagraph (D)(ii), by strik-21
ing requirements of paragraphs (11),22
(12), and (13) and inserting core re-23
quirements; and24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
16/53
16
S 3155 IS
(iii) in subparagraph (E)(i), by adding1
and at the end;2
(C) in paragraph (5)3
(i) in the matter preceding subpara-4
graph (A), by striking section 222(d)5
and inserting section 222(e); and6
(ii) in subparagraph (C), by striking7
Indian tribes and all that follows8
through applicable to the detention and9
confinement of juveniles and inserting10
Indian tribes that agree to attempt to11
comply with the core requirements applica-12
ble to the detention and confinement of ju-13
veniles;14
(D) in paragraph (7)(B)15
(i) by striking clause (i) and inserting16
the following:17
(i) a plan for ensuring that the chief ex-18
ecutive officer of the State, State legislature,19
and all appropriate public agencies in the State20
with responsibility for provision of services to21
children, youth and families are informed of the22
requirements of the State plan and compliance23
with the core requirements;;24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
17/53
17
S 3155 IS
(ii) in clause (iii), by striking and1
at the end; and2
(iii) by striking clause (iv) and insert-3
ing the following:4
(iv) a plan to provide alternatives to de-5
tention, including diversion to home-based or6
community-based services or treatment for7
those youth in need of mental health, substance8
abuse, or co-occurring disorder services at the9
time such juveniles first come into contact with10
the juvenile justice system;11
(v) a plan to reduce the number of chil-12
dren housed in secure detention and corrections13
facilities who are awaiting placement in residen-14
tial treatment programs;15
(vi) a plan to engage family members in16
the design and delivery of juvenile delinquency17
prevention and treatment services, particularly18
post-placement; and19
(vii) a plan to use community-based serv-20
ices to address the needs of at-risk youth or21
youth who have come into contact with the ju-22
venile justice system;;23
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
18/53
18
S 3155 IS
(E) in paragraph (8), by striking exist-1
ing and inserting evidence based and prom-2
ising;3
(F) in paragraph (9)4
(i) in the matter preceding subpara-5
graph (A), by striking section 222(d)6
and inserting section 222(e);7
(ii) in subparagraph (A)(i), by insert-8
ing status offenders and other before9
youth who need;10
(iii) in subparagraph (B)(i)11
(I) by striking parents and12
other family members and inserting13
status offenders, other youth, and14
the parents and other family members15
of such offenders and youth; and16
(II) by striking be retained17
and inserting remain;18
(iv) by redesignating subparagraphs19
(G) through (S) as subparagraphs (J)20
through (V), respectively;21
(v) by redesignating subparagraphs22
(E) and (F) as subparagraphs (F) and23
(G), respectively;24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
19/53
19
S 3155 IS
(vi) by inserting after subparagraph1
(D) the following:2
(E) providing training and technical as-3
sistance to, and consultation with, juvenile jus-4
tice and child welfare agencies of States and5
units of local government to develop coordinated6
plans for early intervention and treatment of7
youth who have a history of abuse and juveniles8
who have prior involvement with the juvenile9
justice system;;10
(vii) in subparagraph (G), as so redes-11
ignated, by striking expanding and in-12
serting programs to expand;13
(viii) by inserting after subparagraph14
(G), as so redesignated, the following:15
(H) programs to improve the recruitment,16
selection, training, and retention of professional17
personnel in the fields of medicine, law enforce-18
ment, judiciary, juvenile justice, social work and19
child protection, education, and other relevant20
fields who are engaged in, or intend to work in,21
the field of prevention, identification, and treat-22
ment of delinquency;23
(I) expanding access to publicly sup-24
ported, court-appointed legal counsel and en-25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
20/53
20
S 3155 IS
hancing capacity for the competent representa-1
tion of every child;;2
(ix) in subparagraph (O), as so redes-3
ignated4
(I) in clause (i), by striking re-5
straints and inserting alternatives;6
and7
(II) in clause (ii), by striking by8
the provision; and9
(x) in subparagraph (V), as so redes-10
ignated, by striking the period at the end11
and inserting a semicolon;12
(G) in paragraph (11)13
(i) in subparagraph (A), by striking14
and at the end;15
(ii) in subparagraph (B), by adding16
and at the end; and17
(iii) by adding at the end the fol-18
lowing:19
(C) encourage the use of community-20
based alternatives to secure detention, including21
programs of public and nonprofit entities re-22
ceiving a grant under part A of title III;;23
(H) by striking paragraph (22);24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
21/53
21
S 3155 IS
(I) by redesignating paragraphs (23)1
through (28) as paragraphs (24) through (29),2
respectively;3
(J) by redesignating paragraphs (14)4
through (21) as paragraphs (16) through (23),5
respectively;6
(K) by inserting after paragraph (13) the7
following:8
(14) require that9
(A) not later than 3 years after the date10
of enactment of the Juvenile Justice and Delin-11
quency Prevention Reauthorization Act of 2008,12
unless a court finds, after a hearing and in13
writing, that it is in the interest of justice, juve-14
niles awaiting trial or other legal process who15
are treated as adults for purposes of prosecu-16
tion in criminal court and housed in a secure17
facility18
(i) shall not have contact with adult19
inmates; and20
(ii) may not be held in any jail or21
lockup for adults;22
(B) in determining under subparagraph23
(A) whether it is in the interest of justice to24
permit a juvenile to be held in any jail or lock-25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
22/53
22
S 3155 IS
up for adults, or have contact with adult in-1
mates, a court shall consider2
(i) the age of the juvenile;3
(ii) the physical and mental maturity4
of the juvenile;5
(iii) the present mental state of the6
juvenile, including whether the juvenile7
presents an imminent risk of harm to the8
juvenile;9
(iv) the nature and circumstances of10
the alleged offense;11
(v) the juveniles history of prior de-12
linquent acts;13
(vi) the relative ability of the avail-14
able adult and juvenile detention facilities15
to meet the specific needs of the juvenile16
and to protect the public;17
(vii) whether placement in a juvenile18
facility will better serve the long-term in-19
terests of the juvenile and be more likely to20
prevent recidivism;21
(viii) the availability of programs de-22
signed to treat the juveniles behavioral23
problems; and24
(ix) any other relevant factor; and25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
23/53
23
S 3155 IS
(C) if a court determines under subpara-1
graph (A) that it is in the interest of justice to2
permit a juvenile to be held in any jail or lock-3
up for adults, or have contact with adult in-4
mates5
(i) the court shall hold a hearing not6
less frequently than once every 30 days to7
review whether it is still in the interest of8
justice to permit the juvenile to be so held9
or have such contact; and10
(ii) the juvenile shall not be held in11
any jail or lockup for adults, or permitted12
to have contact with adult inmates, for13
more than 180 days, unless the court, in14
writing, determines there is good cause for15
an extension or the juvenile expressly16
waives this limitation;17
(15) implement policy, practice, and system18
improvement strategies at the State, territorial,19
local, and tribal levels, as applicable, to identify and20
reduce racial and ethnic disparities among youth21
who come into contact with the juvenile justice sys-22
tem, without establishing or requiring numerical23
standards or quotas, by24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
24/53
24
S 3155 IS
(A) establishing coordinating bodies, com-1
posed of juvenile justice stakeholders at the2
State, local, or tribal levels, to oversee and mon-3
itor efforts by States, units of local government,4
and Indian tribes to reduce racial and ethnic5
disparities;6
(B) identifying and analyzing key decision7
points in State, local, or tribal juvenile justice8
systems to determine which points create racial9
and ethnic disparities among youth who come10
into contact with the juvenile justice system;11
(C) developing and implementing data12
collection and analysis systems to identify13
where racial and ethnic disparities exist in the14
juvenile justice system and to track and analyze15
such disparities;16
(D) developing and implementing a work17
plan that includes measurable objectives for pol-18
icy, practice, or other system changes, based on19
the needs identified in the data collection and20
analysis under subparagraphs (B) and (C); and21
(E) publicly reporting, on an annual22
basis, the efforts made in accordance with sub-23
paragraphs (B), (C), and (D);24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
25/53
25
S 3155 IS
(L) in paragraph (16), as so redesig-1
nated2
(i) by striking adequate system and3
inserting effective system;4
(ii) by striking requirements of para-5
graph (11), and all that follows through6
monitoring to the Administrator and in-7
serting the core requirements are met,8
and for annual reporting to the Adminis-9
trator of such plan, including the results of10
such monitoring and all related enforce-11
ment and educational activities; and12
(iii) by striking , in the opinion of13
the Administrator,;14
(M) in paragraph (17), as so redesignated,15
by inserting ethnicity, after race,;16
(N) in paragraph (24), as so redesig-17
nated18
(i) in subparagraph (B), by striking19
and at the end;20
(ii) in subparagraph (C)21
(I) in clause (i), by striking22
and at the end;23
(II) in clause (ii), by adding24
and at the end; and25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
26/53
26
S 3155 IS
(III) by adding at the end the1
following:2
(iii) if such court determines the ju-3
venile should be placed in a secure deten-4
tion facility or correctional facility for vio-5
lating such order, the court shall issue a6
written order that7
(I) identifies the valid court8
order that has been violated;9
(II) specifies the factual basis10
for determining that there is reason-11
able cause to believe that the juvenile12
has violated such order;13
(III) includes findings of fact to14
support a determination that there is15
no appropriate less restrictive alter-16
native available to placing the juvenile17
in such a facility, with due consider-18
ation to the best interest of the juve-19
nile; and20
(IV) specifies the length of time,21
not to exceed 7 days, that the juvenile22
may remain in a secure detention fa-23
cility or correctional facility, and in-24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
27/53
27
S 3155 IS
cludes a plan for the juveniles release1
from such facility; and; and2
(iii) by adding at the end the fol-3
lowing:4
(D) there are procedures in place to en-5
sure that any juvenile held in a secure detention6
facility or correctional facility pursuant to a7
court order described in this paragraph does8
not remain in custody longer than 7 days or the9
length of time authorized by the court, which-10
ever is shorter;;11
(O) in paragraph (26), as so redesignated,12
by striking section 222(d) and inserting sec-13
tion 222(e);14
(P) in paragraph (27), as so redesig-15
nated16
(i) by inserting and in accordance17
with confidentiality concerns, after max-18
imum extent practicable,; and19
(ii) by striking the semicolon at the20
end and inserting the following: , so as to21
provide for22
(A) a compilation of data reflecting infor-23
mation on juveniles entering the juvenile justice24
system with a prior reported history as victims25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
28/53
28
S 3155 IS
of child abuse or neglect through arrest, court1
intake, probation and parole, juvenile detention,2
and corrections; and3
(B) a plan to use the data described in4
subparagraph (A) to provide necessary services5
for the treatment of victims of child abuse and6
neglect who have entered, or are at risk of en-7
tering, the juvenile justice system;;8
(Q) in paragraph (28), as so redesig-9
nated10
(i) by striking establish policies and11
inserting establish protocols, policies, pro-12
cedures,; and13
(ii) by striking and at the end;14
(R) in paragraph (29), as so redesignated,15
by striking the period at the end and inserting16
a semicolon; and17
(S) by adding at the end the following:18
(30) provide for the coordinated use of funds19
provided under this Act with other Federal and20
State funds directed at juvenile delinquency preven-21
tion and intervention programs;22
(31) develop policies and procedures, and pro-23
vide training for facility staff, on evidence based and24
promising techniques for effective behavior manage-25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
29/53
29
S 3155 IS
ment that are designed to eliminate the use of dan-1
gerous practices, unreasonable restraints, and isola-2
tion;3
(32) provide mental health and substance4
abuse screening, assessment, referral, and treatment5
for juveniles in the juvenile justice system;6
(33) provide procedural safeguards to adju-7
dicated juveniles, including8
(A) a written case plan for each juvenile,9
based on an assessment of the needs of the ju-10
venile and developed and updated in consulta-11
tion with the juvenile, the family of the juvenile,12
and, if appropriate, counsel for the juvenile,13
that14
(i) describes the pre-release and15
post-release programs and reentry services16
that will be provided to the juvenile;17
(ii) describes the living arrangement18
to which the juvenile is to be discharged;19
and20
(iii) establishes a plan for the enroll-21
ment of the juvenile in post-release health22
care, behavioral health care, educational,23
vocational, training, family support, public24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
30/53
30
S 3155 IS
assistance, and legal services programs, as1
appropriate;2
(B) as appropriate, a hearing that3
(i) shall take place in a family or ju-4
venile court or another court (including a5
tribal court) of competent jurisdiction, or6
by an administrative body appointed or ap-7
proved by the court, not earlier than 308
days before the date on which the juvenile9
is scheduled to be released, and at which10
the juvenile would be represented by coun-11
sel; and12
(ii) shall determine the discharge13
plan for the juvenile, including a deter-14
mination of whether a safe, appropriate,15
and permanent living arrangement has16
been secured for the juvenile and whether17
enrollment in health care, behavioral health18
care, educational, vocational, training, fam-19
ily support, public assistance and legal20
services, as appropriate, has been arranged21
for the juvenile; and22
(C) policies to ensure that discharge plan-23
ning and procedures24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
31/53
31
S 3155 IS
(i) are accomplished in a timely fash-1
ion prior to the release from custody of2
each adjudicated juvenile; and3
(ii) do not delay the release from4
custody of the juvenile; and5
(34) provide a description of the use by the6
State of funds for reentry and aftercare services for7
juveniles released from the juvenile justice system.;8
(2) in subsection (c)9
(A) in the matter preceding paragraph10
(1)11
(i) by striking applicable require-12
ments of paragraphs (11), (12), (13), and13
(22) of subsection (a) and inserting core14
requirements; and15
(ii) by striking 2001, then and in-16
serting 2008;17
(B) in paragraph (1), by striking , and18
at the end and inserting a semicolon;19
(C) in paragraph (2)(B)(ii)20
(i) by inserting , administrative,21
after appropriate executive; and22
(ii) by striking the period at the end23
and inserting , as specified in section24
222(c); and; and25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
32/53
32
S 3155 IS
(D) by adding at the end the following:1
(3) the State shall submit to the Adminis-2
trator a report detailing the reasons for noncompli-3
ance with the core requirements, including the plan4
of the State to regain full compliance, and the State5
shall make publicly available such report, not later6
than 30 days after the date on which the Adminis-7
trator approves the report, by posting the report on8
a publicly available website.;9
(3) in subsection (d)10
(A) by striking section 222(d) and in-11
serting section 222(e);12
(B) by striking described in paragraphs13
(11), (12), (13) and (22) of subsection (a) and14
inserting described in the core requirements;15
and16
(C) by striking the requirements under17
paragraphs (11), (12), (13) and (22) of sub-18
section (a) and inserting the core require-19
ments; and20
(4) by striking subsection (f) and inserting the21
following:22
(f) COMPLIANCE DETERMINATION.Not later than23
60 days after the date of receipt of information indicating24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
33/53
33
S 3155 IS
that a State may be out of compliance with any of the1
core requirements, the Administrator shall2
(1) determine whether the State is in compli-3
ance with the core requirements;4
(2) issue a public report describing the deter-5
mination described in paragraph (1), including a6
summary of the information on which the determina-7
tion is based and the actions to be taken by the Ad-8
ministrator (including a description of any reduction9
imposed under subsection (c)); and10
(3) make the report described in paragraph11
(2) available on a publicly available website.12
(g) TECHNICALASSISTANCE.13
(1) ORGANIZATION OF STATE ADVISORY14
GROUP MEMBER REPRESENTATIVES.The Adminis-15
trator shall provide technical and financial assist-16
ance to an agency, institution, or organization to as-17
sist in carrying out the activities described in para-18
graph (3). The functions and activities of an agency,19
institution, or organization under this subsection20
shall not be subject to the Federal Advisory Com-21
mittee Act.22
(2) COMPOSITION.To be eligible to receive23
assistance under this subsection, an agency, institu-24
tion, or organization shall25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
34/53
34
S 3155 IS
(A) be governed by individuals who1
(i) have been appointed by a chief2
executive of a State to serve as a member3
of a State advisory group established4
under subsection (a)(3); and5
(ii) are elected to serve as a gov-6
erning officer of such an agency, institu-7
tion, or organization by a majority of the8
member Chairs (or the designees of the9
member Chairs) of all State advisory10
groups established under subsection (a)(3);11
(B) include member representatives12
(i) from a majority of the State advi-13
sory groups established under subsection14
(a)(3); and15
(ii) who are representative of region-16
ally and demographically diverse State ju-17
risdictions; and18
(C) annually seek advice from the Chairs19
(or the designees of the member Chairs) of each20
State advisory group established under sub-21
section (a)(3) to implement the advisory func-22
tions specified in subparagraphs (D) and (E) of23
paragraph (3) of this subsection.24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
35/53
35
S 3155 IS
(3) ACTIVITIES.To be eligible to receive as-1
sistance under this subsection, an agency, institu-2
tion, or organization shall agree to3
(A) conduct an annual conference of the4
member representatives of the State advisory5
groups established under subsection (a)(3) for6
purposes relating to the activities of such State7
advisory groups;8
(B) disseminate information, data, stand-9
ards, advanced techniques, and program mod-10
els;11
(C) review Federal policies regarding ju-12
venile justice and delinquency prevention;13
(D) advise the Administrator regarding14
particular functions or aspects of the work of15
the Office; and16
(E) advise the President and Congress re-17
garding State perspectives on the operation of18
the Office and Federal legislation relating to ju-19
venile justice and delinquency prevention..20
SEC. 206. AUTHORITY TO MAKE GRANTS.21
Section 241(a) of the Juvenile Justice and Delin-22
quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is23
amended24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
36/53
36
S 3155 IS
(1) in paragraph (1), by inserting status of-1
fenders, before juvenile offenders, and juveniles;2
(2) in paragraph (5), by striking juvenile of-3
fenders and juveniles and inserting status offend-4
ers, juvenile offenders, and juveniles;5
(3) in paragraph (10), by inserting , including6
juveniles with disabilities before the semicolon;7
(4) in paragraph (17), by inserting truancy8
prevention and reduction, after mentoring,;9
(5) in paragraph (24), by striking and at the10
end;11
(6) by redesignating paragraph (25) as para-12
graph (26); and13
(7) by inserting after paragraph (24) the fol-14
lowing:15
(25) projects that support the establishment of16
partnerships between a State and a university, insti-17
tution of higher education, or research center de-18
signed to improve the recruitment, selection, train-19
ing, and retention of professional personnel in the20
fields of medicine, law enforcement, judiciary, juve-21
nile justice, social work and child protection, edu-22
cation, and other relevant fields who are engaged in,23
or intend to work in, the field of prevention, identi-24
fication, and treatment of delinquency; and.25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
37/53
37
S 3155 IS
SEC. 207. RESEARCH AND EVALUATION; STATISTICAL1
ANALYSES; INFORMATION DISSEMINATION.2
(a) IN GENERAL.Section 251 of the Juvenile Jus-3
tice and Delinquency Prevention Act of 1974 (42 U.S.C.4
5661) is amended5
(1) in subsection (a)6
(A) in paragraph (1)7
(i) in the matter proceeding subpara-8
graph (A), by striking may and inserting9
shall;10
(ii) in subparagraph (A), by striking11
plan and identify and inserting annu-12
ally provide a written and publicly avail-13
able plan to identify; and14
(iii) in subparagraph (B)15
(I) by amending clause (iii) to16
read as follows:17
(iii) successful efforts to prevent status18
offenders and first-time minor offenders from19
subsequent involvement with the criminal jus-20
tice system;;21
(II) by amending clause (vii) to22
read as follows:23
(vii) the prevalence and duration of be-24
havioral health needs (including mental health,25
substance abuse, and co-occurring disorders)26
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
38/53
38
S 3155 IS
among juveniles pre-placement and post-place-1
ment when held in the custody of secure deten-2
tion and corrections facilities, including an ex-3
amination of the effects of confinement;;4
(III) by redesignating clauses5
(ix), (x), and (xi) as clauses (xi), (xii),6
and (xiii), respectively; and7
(IV) by inserting after clause8
(viii) the following:9
(ix) training efforts and reforms that10
have produced reductions in or elimination of11
the use of dangerous practices;12
(x) methods to improve the recruitment,13
selection, training, and retention of professional14
personnel in the fields of medicine, law enforce-15
ment, judiciary, juvenile justice, social work and16
child protection, education, and other relevant17
fields who are engaged in, or intend to work in,18
the field of prevention, identification, and treat-19
ment of delinquency;; and20
(B) in paragraph (4)21
(i) in the matter preceding subpara-22
graph (A), by inserting and not later than23
1 year after the date of enactment of the24
Juvenile Justice and Delinquency Preven-25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
39/53
39
S 3155 IS
tion Reauthorization Act of 2008 after1
date of enactment of this paragraph;2
(ii) in subparagraph (F), by striking3
and at the end;4
(iii) in subparagraph (G), by striking5
the period at the end and inserting a semi-6
colon; and7
(iv) by adding at the end the fol-8
lowing:9
(H) a description of the best practices in dis-10
charge planning; and11
(I) an assessment of living arrangements for12
juveniles who cannot return to the homes of the ju-13
veniles.;14
(2) in subsection (b), in the matter preceding15
paragraph (a), by striking may and inserting16
shall; and17
(3) by adding at the end the following:18
(f) NATIONAL RECIDIVISM MEASURE.The Admin-19
istrator shall20
(1) establish a uniform method of data collec-21
tion and technology that States shall use to evaluate22
data on juvenile recidivism on an annual basis;23
(2) establish a common national juvenile re-24
cidivism measurement system; and25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
40/53
40
S 3155 IS
(3) make cumulative juvenile recidivism data1
that is collected from States available to the pub-2
lic..3
(b) STUDIES.4
(1) IN GENERAL.The Administrator shall con-5
duct a study and publish a report on the differences6
between male and female juvenile offenders that in-7
cludes analyses of8
(A) risk factors specific to the development9
of delinquent behavior in girls;10
(B) the mental health needs of delinquent11
girls and girls at risk of delinquency;12
(C) delinquency prevention and interven-13
tion programs that are effective among girls;14
and15
(D) how prevention and intervention pro-16
grams for delinquent girls and girls at-risk of17
delinquency can be made more effective.18
(2) ASSESSMENT OF TREATING JUVENILES AS19
ADULTS.The Administrator shall20
(A) not later than 3 years after the date21
of enactment of this Act, assess the effective-22
ness of the practice of treating juveniles as23
adults for purposes of prosecution in criminal24
court; and25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
41/53
41
S 3155 IS
(B) not later than 42 months after the1
date of enactment of this Act, submit to Con-2
gress and the President, and make publicly3
available, a report on the findings and conclu-4
sions of the assessment under subparagraph5
(A) and any recommended changes in law iden-6
tified as a result of the assessment under sub-7
paragraph (A).8
(3) OUTCOME STUDY OF FORMER JUVENILE9
OFFENDERS.The Administrator shall conduct a10
study of adjudicated juveniles and publish a report11
on the outcomes for juveniles who have reintegrated12
into the community, which shall include information13
on the outcomes relating to family reunification,14
housing, education, employment, health care, behav-15
ioral health care, and repeat offending.16
(4) DEFINITION OF ADMINISTRATOR.In this17
subsection, the term Administrator means the18
head of the Office of Juvenile Justice and Delin-19
quency Prevention.20
SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.21
Section 252 of the Juvenile Justice and Delinquency22
Prevention Act of 1974 (42 U.S.C. 5662) is amended23
(1) in subsection (a)24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
42/53
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
43/53
43
S 3155 IS
(4) shall provide technical assistance to States1
in support of efforts to establish partnerships be-2
tween the State and a university, institution of high-3
er education, or research center designed to improve4
the recruitment, selection, training, and retention of5
professional personnel in the fields of medicine, law6
enforcement, judiciary, juvenile justice, social work7
and child protection, education, and other relevant8
fields who are engaged in, or intend to work in, the9
field of prevention, identification, and treatment of10
delinquency.; and11
(3) by adding at the end the following:12
(d) TECHNICAL ASSISTANCE TO STATES REGARD-13
ING LEGAL REPRESENTATION OF CHILDREN.The Ad-14
ministrator shall develop and issue standards of practice15
for attorneys representing children, and ensure that the16
standards are adapted for use in States.17
(e) TRAINING AND TECHNICAL ASSISTANCE FOR18
LOCAL AND STATE JUVENILE DETENTION AND CORREC-19
TIONS PERSONNEL.The Administrator shall coordinate20
training and technical assistance programs with juvenile21
detention and corrections personnel of States and units22
of local government to promote evidence based and prom-23
ising methods for improving conditions of juvenile confine-24
ment, including those that are designed to minimize the25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
44/53
44
S 3155 IS
use of dangerous practices, unreasonable restraints, and1
isolation.2
(f) TRAINING AND TECHNICAL ASSISTANCE TO3
SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE4
TREATMENT INCLUDING HOME-B ASED OR COMMUNITY-5
BASED CARE.The Administrator shall provide training6
and technical assistance, in conjunction with the appro-7
priate public agencies, to individuals involved in making8
decisions regarding the disposition of cases for youth who9
enter the juvenile justice system, including10
(1) juvenile justice intake personnel;11
(2) probation officers;12
(3) juvenile court judges and court services13
personnel;14
(4) prosecutors and court-appointed counsel;15
and16
(5) family members of juveniles and family ad-17
vocates..18
SEC. 209. INCENTIVE GRANTS FOR STATE AND LOCAL PRO-19
GRAMS.20
Title II of the Juvenile Justice and Delinquency Pre-21
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amend-22
ed23
(1) by redesignating part F as part G; and24
(2) by inserting after part E the following:25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
45/53
45
S 3155 IS
PART FINCENTIVE GRANTS FOR STATE AND1
LOCAL PROGRAMS2
SEC. 271. INCENTIVE GRANTS.3
(a) INCENTIVE GRANT FUNDS.The Administrator4
may make incentive grants to a State, unit of local govern-5
ment, or combination of States and local governments to6
assist a State, unit of local government, or combination7
thereof in carrying out an activity identified in subsection8
(b)(1).9
(b) USE OF FUNDS.10
(1) IN GENERAL.An incentive grant made by11
the Administrator under this section may be used12
to13
(A) increase the use of evidence based or14
promising prevention and intervention pro-15
grams;16
(B) improve the recruitment, selection,17
training, and retention of professional personnel18
(including in the fields of medicine, law enforce-19
ment, judiciary, juvenile justice, social work,20
and child prevention) who are engaged in, or in-21
tend to work in, the field of prevention, inter-22
vention, and treatment of juveniles to reduce23
delinquency;24
(C) establish a partnership between juve-25
nile justice agencies of a State or unit of local26
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
46/53
46
S 3155 IS
government and mental health authorities of1
State or unit of local government to establish2
and implement programs to ensure there are3
adequate mental health and substance abuse4
screening, assessment, referral, treatment, and5
after-care services for juveniles who come into6
contact with the justice system;7
(D) provide training, in conjunction with8
the public or private agency that provides men-9
tal health services, to individuals involved in10
making decisions involving youth who enter the11
juvenile justice system (including intake per-12
sonnel, law enforcement, prosecutors, juvenile13
court judges, public defenders, mental health14
and substance abuse service providers and ad-15
ministrators, probation officers, and parents)16
that focuses on17
(i) the availability of screening and18
assessment tools and the effective use of19
such tools;20
(ii) the purpose, benefits, and need21
to increase availability of mental health or22
substance abuse treatment programs (in-23
cluding home-based and community-based24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
47/53
47
S 3155 IS
programs) available to juveniles within the1
jurisdiction of the recipient;2
(iii) the availability of public and pri-3
vate services available to juveniles to pay4
for mental health or substance abuse treat-5
ment programs; or6
(iv) the appropriate use of effective7
home-based and community-based alter-8
natives to juvenile justice or mental health9
system institutional placement; and10
(E) provide services to juveniles with11
mental health or substance abuse disorders who12
are at risk of coming into contact with the jus-13
tice system.14
(2) COORDINATION AND ADMINISTRATION.A15
State or unit of local government receiving a grant16
under this section shall ensure that17
(A) the use of the grant under this sec-18
tion is developed as part of the State plan re-19
quired under section 223(a); and20
(B) not more than 5 percent of the21
amount received under this section is used for22
administration of the grant under this section.23
(c) APPLICATION.24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
48/53
48
S 3155 IS
(1) IN GENERAL.A State or unit of local1
government desiring a grant under this section shall2
submit an application at such time, in such manner,3
and containing such information as the Adminis-4
trator may prescribe.5
(2) CONTENTS.In accordance with guide-6
lines that shall be established by the Administrator,7
each application for incentive grant funding under8
this section shall9
(A) describe any activity or program the10
funding would be used for and how the activity11
or program is designed to carry out 1 or more12
of the activities described in subsection (b);13
(B) if any of the funds provided under14
the grant would be used for evidence based or15
promising prevention or intervention programs,16
include a detailed description of the studies,17
findings, or practice knowledge that support the18
assertion that such programs qualify as evi-19
dence based or promising; and20
(C) for any program for which funds pro-21
vided under the grant would be used that is not22
evidence based or promising, include a detailed23
description of any studies, findings, or practice24
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
49/53
49
S 3155 IS
knowledge which support the effectiveness of1
the program..2
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.3
Section 299 of the Juvenile Justice and Delinquency4
Prevention Act of 1974 (42 U.S.C. 5671) is amended5
(1) in subsection (a)6
(A) in the subsection heading, by striking7
PARTS C AND E and inserting PARTS C, E,8
AND F;9
(B) in paragraph (1), by striking this10
title and all that follows and inserting the fol-11
lowing: this title12
(A) $196,700,000 for fiscal year 2009;13
(B) $245,900,000 for fiscal year 2010;14
(C) $295,100,000 for fiscal year 2011;15
(D) $344,300,000 for fiscal year 2012; and16
(E) $393,500,000 for fiscal year 2013.; and17
(C) in paragraph (2), in the matter pre-18
ceding subparagraph (A), by striking parts C19
and E and inserting parts C, E, and F;20
(2) in subsection (b), by striking fiscal years21
2003, 2004, 2005, 2006, and 2007 and inserting22
fiscal years 2009, 2010, 2011, 2012, and 2013;23
VerDate Aug 31 2005 23:07 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
50/53
50
S 3155 IS
(3) in subsection (c), by striking fiscal years1
2003, 2004, 2005, 2006, and 2007 and inserting2
fiscal years 2009, 2010, 2011, 2012, and 2013;3
(4) by redesignating subsection (d) as sub-4
section (e); and5
(5) by inserting after subsection (c) the fol-6
lowing:7
(d) AUTHORIZATION OF APPROPRIATIONS FOR8
PART F.There are authorized to be appropriated to9
carry out part F, and authorized to remain available until10
expended, $60,000,000 for each of fiscal years 2009,11
2010, 2011, 2012, and 2013. Of the sums that are appro-12
priated for a fiscal year to carry out part F, not less than13
50 percent shall be used to fund programs that are car-14
rying out an activity described in subparagraph (C), (D),15
or (E) of section 271(b)(1)..16
SEC. 211. ADMINISTRATIVE AUTHORITY.17
Section 299A(e) of the Juvenile Justice and Delin-18
quency Prevention Act of 1974 (42 U.S.C. 5672(e)) is19
amended by striking requirements described in para-20
graphs (11), (12), and (13) of section 223(a) and insert-21
ing core requirements.22
SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS.23
The Juvenile Justice and Delinquency Prevention Act24
of 1974 (42 U.S.C. 5601 et seq.) is amended25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
51/53
51
S 3155 IS
(1) in section 204(b)(6), by striking section1
223(a)(15) and inserting section 223(a)(16);2
(2) in section 246(a)(2)(D), by striking section3
222(c) and inserting section 222(d); and4
(3) in section 299D(b), of by striking section5
222(c) and inserting section 222(d).6
TITLE IIIINCENTIVE GRANTS7
FOR LOCAL DELINQUENCY8
PREVENTION PROGRAMS9
SEC. 301. DEFINITIONS.10
Section 502 of the Incentive Grants for Local Delin-11
quency Prevention Programs Act of 2002 (42 U.S.C.12
5781) is amended13
(1) in the section heading, by striking DEFI-14
NITION and inserting DEFINITIONS; and15
(2) by striking this title, the term and insert-16
ing the following: this title17
(1) the term mentoring means matching 118
adult with 1 or more youths (not to exceed 4 youths)19
for the purpose of providing guidance, support, and20
encouragement aimed at developing the character of21
the youths, where the adult and youths meet regu-22
larly for not less than 4 hours each month for not23
less than a 9-month period; and24
(2) the term.25
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
52/53
52
S 3155 IS
SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO-1
GRAMS.2
Section 504(a) of the Incentive Grants for Local De-3
linquency Prevention Programs Act of 2002 (42 U.S.C.4
5783(a)) is amended5
(1) in paragraph (7), by striking and at the6
end;7
(2) in paragraph (8), by striking the period at8
the end and inserting ; and; and9
(3) by adding at the end the following:10
(9) mentoring programs..11
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.12
Section 505 of the Incentive Grants for Local Delin-13
quency Prevention Programs Act of 2002 (42 U.S.C.14
5784) is amended to read as follows:15
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.16
There are authorized to be appropriated to carry out17
this title18
(1) $272,200,000 for fiscal year 2009;19
(2) $322,800,000 for fiscal year 2010;20
(3) $373,400,000 for fiscal year 2011;21
(4) $424,000,000 for fiscal year 2012; and22
(5) $474,600,000 for fiscal year 2013..23
SEC. 304. TECHNICAL AND CONFORMING AMENDMENT.24
The Juvenile Justice and Delinquency Prevention Act25
of 1974 is amended by striking title V, as added by the26
VerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155
8/14/2019 S. 3155: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008
53/53
53
Juvenile Justice and Delinquency Prevention Act of 19741
(Public Law 93415; 88 Stat. 1133) (relating to miscella-2
neous and conforming amendments).3