Juvenile Justice and Delinquency Prevention Act. JUVENILE JUSTICE AND DELINQUENCY PREVENTION SUBCHAPTER I--GENERALLY 42 U.S.C. 5601 Sec. 101. Congressional statement of findings (a) The Congress hereby finds that-- (1) juveniles accounted for almost half the arrests for serious crimes in the United States in 1974 and for less than one-third of such arrests in 1983; (2) recent trends show an upsurge in arrests of adolescents for murder, assault, and weapon use; (3) the small number of youth who commit the most serious and violent offenses are becoming more violent; (4) understaffed, overcrowded juvenile courts, prosecutorial and public defender offices, probation services, and correctional facilities and inadequately trained staff in such courts, services, and facilities are not able to provide individualized justice or effective help; (5) present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs of children, who, because of this failure to provide effective services, may become delinquents; (6) existing programs have not adequately responded to the particular problems of the increasing numbers of young people who are addicted to or who abuse alcohol and other drugs, particularly nonopiate or polydrug abusers; (7) juvenile delinquency can be reduced through programs designed to keep students in elementary and secondary schools through the prevention of unwarranted and arbitrary suspensions and expulsions; (8) States and local communities which experience directly the devastating failures of the juvenile justice system do not presently have sufficient technical expertise or adequate resources to deal comprehensively with the problems of juvenile delinquency; (9) existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency; (10) the juvenile justice system should give additional attention to the problem of juveniles who commit serious crimes, with particular attention given to the areas of sentencing, providing resources necessary for informed dispositions, and rehabilitation; (11) emphasis should be placed on preventing youth from entering the juvenile justice system to begin with; and (12) the incidence of juvenile delinquency can be reduced through public recreation programs and activities designed to provide youth with social skills, enhance self esteem, and encourage the constructive use of discretionary time. (b) Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss of human life, personal security, and wasted human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency. 42 U.S.C. 5602 Sec. 102. Congressional declaration of purpose and policy (a) It is the purpose of this chapter-- (1) to provide for the thorough and ongoing evaluation of all federally assisted juvenile justice and delinquency prevention programs; (2) to provide technical assistance to public and private nonprofit juvenile justice and delinquency prevention programs; (3) to establish training programs for persons, including professionals, paraprofessionals, and volunteers, who work with delinquents or potential delinquents or whose work or activities relate to juvenile delinquency programs; (4) to establish a centralized research effort on the problems of juvenile delinquency, including the dissemination of the findings of such research and all data related to juvenile delinquency; (5) to develop and encourage the implementation of national standards for the administration of juvenile justice, including recommendations for administrative, budgetary, and legislative action at the Federal, State, and local level to facilitate the adoption of such standards; (6) to assist States and local communities with resources to develop and implement programs to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions; (7) to establish a Federal assistance program to deal with the problems of runaway and homeless youth; (8) to strengthen families in which juvenile delinquency has been a problem; (9) to assist State and local governments in removing juveniles from jails and lockups for adults; (10) to assist State and local governments in improving the administration of justice and services for juveniles who enter the system; and (11) to assist States and local communities to prevent youth from entering the justice system to begin with. (b) It is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination (1) to develop and implement effective methods of preventing and reducing juvenile delinquency, including methods with a special focus on preserving and strengthening families so that juveniles may be retained in their homes; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile delinquency prevention; (5) to encourage parental involvement in treatment and alternative disposition programs; and (6) to provide for coordination of services between State, local, and community-based agencies and to promote interagency cooperation in providing such services. 42 U.S.C. 5603 Sec. 103. Definitions For purposes of this chapter-- (1) the term "community based" facility, program, or service means a small, open group home or other suitable place located near the juvenile's home or family and programs of community supervision and service which maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited to, medical, educational, vocational, social, and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services; (2) the term "Federal juvenile delinquency program" means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this chapter; (3) the term "juvenile delinquency program" means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity to help prevent juvenile delinquency; (4)(A) the term "Bureau of Justice Assistance" means the bureau established by section 3741 of this title; (B) the term "Office of Justice Programs" means the office established by section 3711 of this title; (C) the term "National Institute of Justice" means the institute established by section 3722(a) of this title; and (D) the term "Bureau of Justice Statistics" means the bureau established by section 3732(a) of this title; (5) the term "Administrator" means the agency head designated by section 5611(b) of this title; (6) the term "law enforcement and criminal justice" means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction; (7) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (8) the term "unit of general local government" means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agency may be used to provide the non-Federal share of the cost of programs or projects funded under this subchapter; (9) the term "combination" as applied to States or units of general local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a juvenile justice and delinquency prevention plan; (10) the term "construction" means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees but not the cost of acquisition of land for buildings); (11) the term "public agency" means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing; (12) the term "secure detention facility" means any public or private residential facility which-- (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the temporary placement of any juvenile who is accused of having committed an offense, of any nonoffender, or of any other individual accused of having committed a criminal offense; (13) the term "secure correctional facility" means any public or private residential facility which-- (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the placement, after adjudication and disposition, of any uvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense; (14) the term "serious crime" means criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony; (15) the term "treatment" includes but is not limited to medical, educational, special education, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public, including services designed to benefit addicts and other users by eliminating their dependence on alcohol or other addictive or nonaddictive drugs or by controlling their dependence and susceptibility to addiction or use; (16) the term "valid court order" means a court order given by a juvenile court judge to a juvenile-- (A) who was brought before the court and made subject to such order; (B) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States; (C) with respect to whom an appropriate public agency (other than a court or law enforcement agency), before the issuance of such order-- (i) reviewed the behavior of such juvenile and the circumstances under which such juvenile was brought before the court and made subject to such order; (ii) determined the reasons for the behavior that caused such juvenile to be brought before the court and made subject to such order; (iii) determined that all dispositions (including treatment), other than placement in a secure detention facility or a secure correctional facility, have been exhausted or are clearly inappropriate; and (iv) submitted to the court a written report stating the results of the review conducted under clause (i) and the determinations made under clauses (ii) and (iii); (17) the term "Council" means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in section 5616(a)(1) of this title; (18) the term "Indian Tribe" means-- (A) a federally recognized Indian tribe; or (B) an Alaskan Native organization; (19) the term "comprehensive and coordinated system of services" means a system that-- (A) ensures that services and funding for the prevention and treatment of juvenile delinquency are consistent with policy goals of preserving families and providing appropriate services in the least restrictive environment so as to simultaneously protect juveniles and maintain public safety; (B) identifies, and intervenes early for the benefit of, young children who are at risk of developing emotional or behavioral problems because of physical or mental stress or abuse, and for the benefit of their families; (C) increases interagency collaboration and family involvement in the prevention and treatment of juvenile delinquency; and (D) encourages private and public partnerships in the delivery of services for the prevention and treatment of juvenile delinquency; (20) the term "gender-specific services" means services designed to address needs unique to the gender of the individual to whom such services are provided; (21) the term "home-based alternative services" means services provided to a juvenile in the home of the juvenile as an alternative to incarcerating the juvenile, and includes home detention; (22) the term "jail or lockup for adults" means a locked facility that is used by a State, unit of local government, or any law enforcement authority to detain or confine adults-- (i) pending the filing of a charge of violating a criminal law; (ii) awaiting trial on a criminal charge; or (iii) convicted of violating a criminal law; and (23) the term "nonprofit organization" means an organization described in section 501(c)(3) of Title 26 that is exempt from taxation under section 501(a) of Title 26. PROGRAMS AND OFFICES TITLE II - SUBCHAPTER II JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE PART A 42 U.S.C. 5611 Sec. 201. Establishment (a) Placement within Department of Justice under general authority of Attorney General. There is hereby established an Office of Juvenile Justice and Delinquency Prevention (hereinafter in this subchapter referred to as the "Office") within the Department of Justice under the general authority of the Attorney General. (b) Administrator; head, appointment, authorities, etc. The Office shall be headed by an Administrator (hereinafter in this subchapter referred to as the "Administrator") appointed by the President, by and with the advice and consent of the Senate, from among individuals who have had experience in juvenile justice programs. The Administrator is authorized to prescribe regulations consistent with this chapter to award, administer, modify, extend, terminate, monitor, evaluate, reject, or deny all grants and contracts from, and applications for, funds made available under this subchapter. The Administrator shall have the same reporting relationship with the Attorney General as the directors of other offices and bureaus within the Office of Justice Programs have. (c) Deputy Administrator; appointment, functions, etc. There shall be in the Office a Deputy Administrator who shall be appointed by the Attorney General. The Deputy Administrator shall perform such functions as the Administrator may from time to time assign or delegate and shall act as the Administrator during the absence or disability of the Administrator. 42 U.S.C. 5612. Sec. 202. Personnel (a) Selection; employment; compensation. The Administrator is authorized to select, employ, and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in the Administrator and to prescribe their functions. (b) Special personnel. The Administrator is authorized to select, appoint, and employ not to exceed three officers and to fix their compensation at rates not to exceed the rate now or hereafter payable under section 5376 of Title 5. (c) Personnel from other agencies. Upon the request of the Administrator, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of its personnel to the Administrator to assist the Administrator in carrying out the functions of the Administrator under this subchapter. (d) Experts and consultants. The Administrator may obtain services as authorized by section 3109 of Title 5, at rates not to exceed the rate now or hereafter payable under section 5376 of Title 5. 42 U.S.C. 5613 Sec. 203. Voluntary and uncompensated services The Administrator is authorized to accept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding the provisions of section 1342 of Title 31. 42 U.S.C. 5614 Sec. 204. Concentration of Federal efforts (a) Implementation of policy by Administrator; consultation with Council and Advisory Committee (1) The Administrator shall develop objectives, priorities, and a long-term plan, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile delinquency programs and activities relating to prevention, diversion, training, treatment, rehabilitation, evaluation, research, and improvement of the juvenile justice system in the United States. In carrying out the functions of the Administrator, the Administrator shall consult with the Council. (2)(A) The plan described in paragraph (1) shall-- (i) contain specific goals and criteria for making grants and contracts, for conducting research, and for carrying out other activities under this subchapter; and (ii) provide for coordinating the administration programs and activities under this subchapter with the administration of all other Federal juvenile delinquency programs and activities, including proposals for joint funding to be coordinated by the Administrator. (B) The Administrator shall review the plan described in paragraph (1) annually, revise the plan as the Administrator considers appropriate, and publish the plan in the Federal Register-- (i) not later than 240 days after November 4, 1992, in the case of the initial plan required by paragraph (1); and (ii) except as provided in clause (i), in the 30-day period ending on October 1 of each year. (b) Duties of Administrator. In carrying out the purposes of this chapter, the Administrator shall-- (1) advise the President through the Attorney General as to all matters relating to federally assisted juvenile delinquency programs and Federal policies regarding juvenile delinquency; (2) assist operating agencies which have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives the Administrator establishes; (3) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in lieu of those currently being administered; (4) implement Federal juvenile delinquency programs and activities among Federal departments and agencies and between Federal juvenile delinquency programs and activities and other Federal programs and activities which the Administrator determines may have an important bearing on the success of the entire Federal juvenile delinquency effort; (5)(A) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities which the Administrator intends to carry out under parts C and D of this subchapter in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D of this subchapter; and (B) taking into consideration comments received during the 45-day period beginning on the date the proposed plan is published, develop and publish a final plan, before December 31 of such fiscal year, describing the particular activities which the Administrator intends to carry out under parts C and D of this subchapter in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts C and D of this subchapter; (6) provide for the auditing of monitoring systems required under section 5633(a)(15) of this title to review the adequacy of such systems; and (7) not later than 1 year after November 4, 1992, issue model standards for providing health care to incarcerated juveniles. (c) Information, reports, studies, and surveys from other agencies. The Administrator may require, through appropriate authority, Federal departments and agencies engaged in any activity involving any Federal juvenile delinquency program to provide the Administrator with such information and reports, and to conduct such studies and surveys, as the Administrator may deem to be necessary to carry out the purposes of this part. (d) Delegation of functions. The Administrator may delegate any of the functions of the Administrator under this subchapter, to any officer or employee of the Office. (e) Utilization of services and facilities of other agencies; reimbursement. The Administrator is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement as may be agreed upon. (h) Coordination of functions of Administrator and Secretary of Health and Human Services. All functions of the Administrator under this subchapter shall be coordinated as appropriate with the functions of the Secretary of Health and Human Services under subchapter III of this chapter. (i) Annual juvenile delinquency development statements of other agencies; procedure; contents; review by Administrator (1) The Administrator shall require through appropriate authority each Federal agency which administers a Federal juvenile delinquency program to submit annually to the Council a juvenile delinquency development statement. Such statement shall be in addition to any information, report, study, or survey which the Administrator may require under subsection (c) of this section. (2) Each juvenile delinquency development statement submitted to the Administrator under paragraph (1) of this subsection shall contain such information, data, and analyses as the Administrator may require. Such analyses shall include an analysis of the extent to which the juvenile delinquency program of the Federal agency submitting such development statement conforms with and furthers Federal juvenile delinquency prevention and treatment goals and policies. (3) The Administrator shall review and comment upon each juvenile delinquency development statement transmitted to the Administrator under paragraph (1) of this subsection. Such development statement, together with the comments of the Administrator, shall be included by the Federal agency involved in every recommendation or request made by such agency for Federal legislation which significantly affects juvenile delinquency prevention and treatment. 42 U.S.C. 5615 Sec. 205. Joint funding; Non-Federal share requirements Notwithstanding any other provision of law, where funds are made available by more than one Federal agency to be used by any agency, organization, institution, or individual to carry out a Federal juvenile delinquency program or activity, any one of the Federal agencies providing funds may be requested by the Administrator to act for all in administering the funds advanced whenever the Administrator finds the program or activity to be exceptionally effective or for which the Administrator finds exceptional need. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and the Administrator may order any such agency to waive any technical grant or contract requirement (as defined in such regulations) which is inconsistent with the similar requirement of the administering agency or which the administering agency does not impose. 42 U.S.C. 5616 Sec. 206. Coordinating Council on Juvenile Justice and Delinquency Prevention (a) Establishment; membership (1) There is hereby established, as an independent organization in the executive branch of the Federal Government a Coordinating Council on Juvenile Justice and Delinquency Prevention composed of the Attorney General, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Education, the Secretary of Housing and Urban Development, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Director of the Office of National Drug Control Policy, the Chief Executive Officer of the Corporation for National and Community Service, the Commissioner of Immigration and Naturalization, such other officers of Federal agencies who hold significant decisionmaking authority as the President may designate, and individuals appointed under paragraph (2). (2)(A) Nine members shall be appointed, without regard to political affiliation, to the Council in accordance with this paragraph from among individuals who are practitioners in the field of juvenile justice and who are not officers or employees of the United States. (B)(i) Three members shall be appointed by the Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives. (ii) Three members shall be appointed by the majority leader of the Senate, after consultation with the minority leader of the Senate. (iii) Three members shall be appointed by the President. (C)(i) Of the members appointed under each of clauses (i), (ii), and (iii)-- (I) 1 shall be appointed for a term of 1 year; (II) 1 shall be appointed for a term of 2 years; and (III) 1 shall be appointed for a term of 3 years; as designated at the time of appointment. (ii) Except as provided in clause (iii), a vacancy arising during the term for which an appointment is made may be filled only for the remainder of such term. (iii) After the expiration of the term for which a member is appointed, such member may continue to serve until a successor is appointed. (b) Chairman and Vice Chairman. The Attorney General shall serve as Chairman of the Council. The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall serve as Vice Chairman of the Council. The Vice Chairman shall act as Chairman in the absence of the Chairman. (c) Functions (1) The function of the Council shall be to coordinate all Federal juvenile delinquency programs (in cooperation with State and local juvenile justice programs) all Federal programs and activities that detain or care for unaccompanied juveniles, and all Federal programs relating to missing and exploited children. The Council shall examine how the separate programs can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles shall make recommendations to the President, and to the Congress, at least annually with respect to the coordination of overall policy and development of objectives and priorities for all Federal juvenile delinquency programs and activities and all Federal programs and activities that detain or care for unaccompanied juveniles. The Council shall review the programs and practices of Federal agencies and report on the degree to which Federal agency funds are used for purposes which are consistent or inconsistent with the mandates of paragraphs (12)(A), (13) and (14) of section 5633(a) of this title. The Council shall review, and make recommendations with respect to, any joint funding proposal undertaken by the Office of Juvenile Justice and Delinquency Prevention and any agency represented on the Council. The Council shall review the reasons why Federal agencies take juveniles into custody and shall make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody. (2) In addition to performing their functions as members of the Council, the members appointed under subsection (a)(2) of this section shall collectively-- (A) make recommendations regarding the development of the objectives, priorities, and the long-term plan, and the implementation of overall policy and the strategy to carry out such plan, referred to in section section 5614(a)(1) of this title; and (B) not later than 180 days after November 4, 1992, submit such recommendations to the Administrator, the Chairman of the Committee on Education and Labor of the House of Representatives, and the Chairman of the Committee on the Judiciary of the Senate. (d) Meetings. The Council shall meet at least quarterly. (e) Appointment of personnel or staff support by Administrator. The Administrator shall, with the approval of the Council, appoint such personnel or staff support as the Administrator considers necessary to carry out the purposes of this subchapter. (f) Expenses of Council members; reimbursement. Members appointed under subsection (a)(2) of this section shall serve without compensation. Members of the Council shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Council. (g) Authorization of appropriations. Of sums available to carry out this part, not more than $200,000 shall be available to carry out this section. 42 U.S.C. 5617 Sec. 207. Annual report Not later than 180 days after the end of a fiscal year, the Administrator shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report that contains the following with respect to such fiscal year: (1) A detailed summary and analysis of the most recent data available regarding the number of juveniles taken into custody, the rate at which juveniles are taken into custody, and the trends demonstrated by the data required by subparagraphs (A), (B), and (C). Such summary and analysis shall set out the information required by subparagraphs (A), (B), (C), and (D) separately for juvenile nonoffenders, juvenile status offenders, and other juvenile offenders. Such summary and analysis shall separately address with respect to each category of juveniles specified in the preceding sentence-- (A) the types of offenses with which the juveniles are charged; (B) the race and gender of the juveniles; (C) the ages of the juveniles; (D) the types of facilities used to hold the juveniles (including juveniles treated as adults for purposes of prosecution) in custody, including secure detention facilities, secure correctional facilities, jails, and lockups; (E) the number of juveniles who died while in custody and the circumstances under which they died; and (F) the educational status of juveniles, including information relating to learning disabilities, failing performance, grade retention, and dropping out of school. (2) A description of the activities for which funds are expended under this part, including the objectives, priorities, accomplishments, and recommendations of the Council. (3) A description, based on the most recent data available of the extent to which each State complies with section 5633 of this title and with the plan submitted under such section by the State for such fiscal year. (4) A summary of each program or activity for which assistance is provided under part C or D of this subchapter, an evaluation of the results of such program or activity, and a determination of the feasibility and advisability of replicating such program or activity in other locations. (5) A description of selected exemplary delinquency prevention programs for which assistance is provided under this title, with particular attention to community-based juvenile delinquency prevention programs that involve and assist families of juveniles. SUBCHAPTER II--PROGRAMS AND OFFICES PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS 42 U.S.C. 5631 Sec.221. Authority to make grants and contracts (a) The Administrator is authorized to make grants to States and units of general local government or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system. (b)(1) With not to exceed 2 percent of the funds available in a fiscal year to carry out this part, the Administrator shall make grants to and enter into contracts with public and private agencies, organizations, and individuals to provide technical assistance to States, units of general local governments (and combinations thereof), and local private agencies to facilitate compliance with section 5633 of this title and implementation of the State plan approved under section 5633(c) of this title. (2) Grants and contracts may be made under paragraph (1) only to public and private agencies, organizations, and individuals that have experience in providing such technical assistance. In providing such technical assistance, the recipient of a grant or contract under this subsection shall coordinate its activities with the State agency described in section 5671(c)(1) of this title. 42 U.S.C. 5632 Sec. 222. Allocation of funds (a) Time; basis; amounts (1) Subject to paragraph (2) and in accordance with regulations promulgated under this part, funds shall be allocated annually among the States on the basis of relative population of people under age eighteen. (2)(A) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this subchapter (other than parts D and E) is less than $75,000,000, then the amount allocated to each State for such fiscal year shall be not less than $325,000, or such greater amount, up to $400,000, as is available to be allocated without reducing the amount of any State or territory's allocation below the amount allocated for fiscal year 1992 except that the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $75,000 or such greater amount, up to $100,000, as is available to be allocated without reducing the amount of any State or territory's allocation below the amount allocated for fiscal year 1992, each. (B) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this subchapter (other than part D) equals or exceeds $75,000,000, then the amount allocated to each State for such fiscal year shall be not less than $400,000, or such greater amount, up to $600,000, as is available to be allocated if appropriations have been enacted and made available to carry out parts D and E in the full amounts authorized by section 5671(a)(1) and (3) of this title except that the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands shall be not less than $100,000, or such greater amount, up to $100,000, as is available to be allocated without reducing the amount of any State or territory's allocation below the amount allocated for fiscal year 1992 each. (3) If, as a result of paragraph (2), the amount allocated to a State for a fiscal year would be less than the amount allocated to such State for fiscal year 1992, then the amounts allocated to satisfy the requirements of such paragraph shall be reduced pro rata to the extent necessary to allot to such State for the fiscal year the amount allocated to such State for fiscal year 1992. (b) Reallocation of unobligated funds. If any amount so allocated remains unobligated at the end of the fiscal year, such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Any amount so reallocated shall be in addition to the amounts already allocated and available to the State, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands for the same period. (c) Use of allocated funds for development, etc., of State plans; limitations; matching requirements. In accordance with regulations promulgated under this part, a portion of any allotment to any State under this part shall be available to develop a State plan or for other pre-award activities associated with such State plan, and to pay that portion of the expenditures which are necessary for efficient administration, including monitoring, evaluation, and one full-time staff position. Not more than 10 percent of the total annual allotment of such State shall be available for such purposes, except that any amount expended or obligated by such State, or by units of general local government or any combination thereof, from amounts made available under this subsection shall be matched (in an amount equal to any such amount so expended or obligated) by such State, or by such units or combinations, from State or local funds, as the case may be. The State shall make available needed funds for planning and administration to units of general local government or combinations thereof within the State on an equitable basis. (d) Minimum annual allotment for assistance of advisory group. In accordance with regulations promulgated under this part, 5 per centum of the minimum annual allotment to any State under this part shall be available to assist the advisory group established under section 5633(a)(3) of this title. 42 U.S.C. 5633 Sec. 223. State plans (a) Requirements. In order to receive formula grants under this part, a State shall submit a plan for carrying out its purposes applicable to a 3-year period. Such plan shall be amended annually to include new programs and challenge activities subsequent to State participation in part E. The State shall submit annual performance reports to the Administrator which shall describe progress in implementing programs contained in the original plan, and shall describe the status of compliance with State plan requirements. In accordance with regulations which the Administrator shall prescribe, such plan shall-- (1) designate the State agency described in section 5671(c)(1) of this title as the sole agency for supervising the preparation and administration of the plan; (2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) has or will have authority, by legislation if necessary, to implement such plan in conformity with this part; (3) provide for an advisory group, which-- (A) shall consist of not less than 15 and not more than 33 members appointed by the chief executive officer of the State-- (i) which members have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice; (ii) which members include-- (I) at least 1 locally elected official representing general purpose local government; (II) representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers; (III) representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services; (IV) representatives of private nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; (V) volunteers who work with delinquents or potential delinquents; (VI) youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities; (VII) persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; and (VIII) persons with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence; (iii) a majority of which members (including the chairperson) shall not be full-time employees of the Federal, State, or local government; (iv) at least one-fifth of which members shall be under the age of 24 at the time of appointment; and (v) at least 3 members who have been or are currently under the jurisdiction of the juvenile justice system; (B) shall participate in the development and review of the State's juvenile justice plan prior to submission to the supervisory board for final action; (C) shall be afforded the opportunity to review and comment, not later than 30 days after their submission to the advisory group, on all juvenile justice and delinquency prevention grant applications submitted to the State agency designated under paragraph (1); (D) shall, consistent with this subchapter-- (i) advise the State agency designated under paragraph (1) and its supervisory board; (ii) submit to the chief executive officer and the legislature of the State at least annually recommendations regarding State compliance with the requirements of paragraphs (12), (13), and (14) and with progress relating to challenge activities carried out pursuant to part E; and (iii) contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; and (E) may, consistent with this subchapter-- (i) advise on State supervisory board and local criminal justice advisory board composition; (ii) review progress and accomplishments of projects funded under the State plan. (4) provide for the active consultation with and participation of units of general local government or combinations thereof in the development of a State plan which adequately takes into account the needs and requests of local governments, except that nothing in the plan requirements, or any regulations promulgated to carry out such requirements, shall be construed to prohibit or impede the State from making grants to, or entering into contracts with, local private agencies or the advisory group; (5) unless the provisions of this paragraph are waived at the discretion of the Administrator for any State in which the services for delinquent or other youth are organized primarily on a statewide basis, provide that at least 66 2/3 per centum of funds received by the State under section 5632 of this title, other than funds made available to the State advisory group under section 5632(d) of this title, shall be expended-- (A) through programs of units of general local government or combinations thereof, to the extent such programs are consistent with the State plan; (B) through programs of local private agencies, to the extent such programs are consistent with the State plan, except that direct funding of any local private agency by a State shall be permitted only if such agency requests such funding after it has applied for and been denied funding by any unit of general local government or combination thereof; and (C) to provide funds for programs of Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior) and that agree to attempt to comply with the requirements specified in paragraphs (12)(A), (13), and (14), applicable to the detention and confinement of juveniles, an amount that bears the same ratio to the aggregate amount to be expended through programs referred to in subparagraphs (A) and (B) as the population under 18 years of age in the geographical areas in which such tribes perform such functions bears to the State population under 18 years of age, (6) provide that the chief executive officer of the unit of general local government shall assign responsibility for the preparation and administration of the local government's part of a State plan, or for the supervision of the preparation and administration of the local government's part of the State plan, to that agency within the local government's structure or to a regional planning agency (hereinafter in this part referred to as the "local agency") which can most effectively carry out the purposes of this part and shall provide for supervision of the programs funded under this part by that local agency; (7) provide for an equitable distribution of the assistance received under section 5632 of this title within the State; (8)(A) provide for (i) an analysis of juvenile crime problems (including the joining of gangs that commit crimes) and juvenile justice and delinquency prevention needs (including educational needs) within the relevant jurisdiction (including any geographical area in which an Indian tribe performs law enforcement functions), a description of the services to be provided, and a description of performance goals and priorities, including a specific statement of the manner in which programs are expected to meet the identified juvenile crime problems (including the joining of gangs that commit crimes) and juvenile justice and delinquency prevention needs of the jurisdiction; (ii) an indication of the manner in which the programs relate to other similar State or local programs which are intended to address the same or similar problems; and (iii) a plan for the concentration of State efforts which shall coordinate all State juvenile delinquency programs with respect to overall policy and development of objectives and priorities for all State juvenile delinquency programs and activities, including provision for regular meetings of State officials with responsibility in the area of juvenile justice and delinquency prevention; (B) contain-- (i) an analysis of gender-specific services for the prevention and treatment of juvenile delinquency, including the types of such services available and the need for such services for females; and (ii) a plan for providing needed gender-specific services for the prevention and treatment of juvenile delinquency; (C) contain-- (i) an analysis of services for the prevention and treatment of juvenile delinquency in rural areas, including the need for such services, the types of such services available in rural areas, and geographically unique barriers to providing such services; and (ii) a plan for providing needed services for the prevention and treatment of juvenile delinquency in rural areas; and (D) contain-- (i) an analysis of mental health services available to juveniles in the juvenile justice system (including an assessment of the appropriateness of the particular placements of juveniles in order to receive such services) and of barriers to access to such services; and (ii) a plan for providing needed mental health services to juveniles in the juvenile justice system; (9) provide for the active consultation with and participation of private agencies in the development and execution of the State plan; and provide for coordination and maximum utilization of existing juvenile delinquency programs and other related programs, such as education, special education, recreation, health, and welfare within the State; (10) provide that not less than 75 percent of the funds available to the State under section 5632 of this title, other than funds made available to the State advisory group under section 5632(d) of this title, whether expended directly by the State, by the unit of general local government, or by a combination thereof, or through grants and contracts with public or private nonprofit agencies, shall be used for-- (A) community-based alternatives (including home-based alternatives) to incarceration and institutionalization, specifically-- (i) for youth who can remain at home with assistance: home probation and programs providing professional supervised group activities or individualized mentoring relationships with adults that involve the family and provide counseling and other supportive services; (ii) for youth who need temporary placement: crisis intervention, shelter, and after-care; and (iii) for youth who need residential placement: a continuum of foster care or group home alternatives that provide access to a comprehensive array of services; (B) community-based programs and services to work with-- (i) parents and other family members to strengthen families, including parent self-help groups, so that juveniles may be retained in their homes; (ii) juveniles during their incarceration, and with their families, to ensure the safe return of such juveniles to their homes and to strengthen the families; and (iii) parents with limited English-speaking ability, particularly in areas where there is a large population of families with limited-English speaking ability; (C) comprehensive juvenile justice and delinquency prevention programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, law enforcement agencies, child protection agencies, mental health agencies, welfare services, health care agencies, and private nonprofit agencies offering youth services; (D) projects designed to develop and implement programs stressing advocacy activities aimed at improving services for and protecting the rights of youth affected by the juvenile justice system; (E) educational programs or supportive services for delinquent or other juveniles, provided equitably regardless of sex, race, or family income, designed to-- (i) encourage juveniles to remain in elementary and secondary schools or in alternative learning situations, including-- (I) education in settings that promote experiential, individualized learning and exploration of academic and career options; (II) assistance in making the transition to the world of work and self-sufficiency; (III) alternatives to suspension and expulsion; and (IV) programs to counsel delinquent juveniles and other juveniles regarding the opportunities that education provides; and (ii) enhance coordination with the local schools that such juveniles would otherwise attend, to ensure that-- (I) the instruction that juveniles receive outside school is closely aligned with the instruction provided in school; and (II) information regarding any learning problems identified in such alternative learning situations are communicated to the schools; (F) expanded use of home probation and recruitment and training of home probation officers, other professional and paraprofessional personnel, and volunteers to work effectively to allow youth to remain at home with their families as an alternative to incarceration or institutionalization; (G) youth-initiated outreach programs designed to assist youth (including youth with limited proficiency in English) who otherwise would not be reached by traditional youth assistance programs; (H) programs designed to develop and implement projects relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist community services, law enforcement, and juvenile justice personnel to more effectively recognize and provide for learning disabled and other handicapped youth; (I) projects designed both to deter involvement in illegal activities and to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of youth; (J) programs and projects designed to provide for the treatment of youths' dependence on or abuse of alcohol or other addictive or nonaddictive drugs; (K) law-related education programs (and projects) for delinquent and at-risk youth designed to prevent juvenile delinquency; (L) programs for positive youth development that assist delinquent and other at-risk youth in obtaining-- (i) a sense of safety and structure; (ii) a sense of belonging and membership; (iii) a sense of self-worth and social contribution; (iv) a sense of independence and control over one's life; (v) a sense of closeness in interpersonal relationships; and (vi) a sense of competence and mastery including health and physical competence, personal and social competence, cognitive and creative competence, vocational competence, and citizenship competence, including ethics and participation; (M) programs that, in recognition of varying degrees of the seriousness of delinquent behavior and the corresponding gradations in the responses of the juvenile justice system in response to that behavior, are designed to-- (i) encourage courts to develop and implement a continuum of post- adjudication restraints that bridge the gap between traditional probation and confinement in a correctional setting (including expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, electronic monitoring, boot camps and similar programs, and secure community-based treatment facilities linked to other support services such as health, mental health, education (remedial and special), job training, and recreation); and (ii) assist in the provision by the provision by the Administrator of information and technical assistance, including technology transfer, to States in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior; (N) programs designed to prevent and reduce hate crimes committed by juveniles, including educational programs and sentencing programs designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration; and (O) programs (including referral to literacy programs and social service programs) to assist families with limited English-speaking ability that include delinquent juveniles to overcome language and cultural barriers that may prevent the complete treatment of such juveniles and the preservation of their families. (11) provide for the development of an adequate research, training, and evalution capacity within the State; (12)(A) provide within three years after submission of the initial plan that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult or offenses (other than an offense that constitutes a violation of a valid court order or a violation of section 922(x) of Title 18 or a similar State law), or alien juveniles in custody, or such nonoffenders as dependent or neglected children, shall not be placed in secure detention facilities or secure correctional facilities; and (B) provide that the State shall submit annual reports to the Administrator containing a review of the progress made by the State to achieve the deinstitutionalization of juveniles described in subparagraph (A) and a review of the progress made by the State to provide that such juveniles, if placed in facilities, are placed in facilities which (i) are the least restrictive alternatives appropriate to the needs of the child and the community; (ii) are in reasonable proximity to the family and the home communities of such juveniles; and (iii) provide the services described in section 5603(1) of this title; (13) provide that juveniles alleged to be or found to be delinquent and youths within the purview of paragraph (12) shall not be detained or confined in any institution in which they have contact with adult persons incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges or with the part-time or full-time security staff (including management) or direct-care staff of a jail or lockup for adults; (14) provide that no juvenile shall be detained or confined in any jail or lockup for adults, except that the Administrator shall, through 1997, promulgate regulations which make exceptions with regard to the detention of juveniles accused of non-status offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within twenty-four hours after being taken into custody (excluding weekends and holidays) provided that such exceptions are limited to areas that are in compliance with paragraph (13) and-- (A)(i) are outside a Standard Metropolitan Statistical Area; and (ii) have no existing acceptable alternative placement available; (B) are located where conditions of distance to be traveled or the lack of highway, road, or other ground transportation do not allow for court appearances within 24 hours, so that a brief (not to exceed 48 hours) delay is excusable; or (C) are located where conditions of safety exist (such as severely adverse, life-threatening weather conditions that do not allow for reasonably safe travel), in which case the time for an appearance may be delayed until 24 hours after the time that such conditions allow for reasonably safe travel; (15) provide for an adequate system of monitoring jails, detention facilities, correctional facilities, and nonsecure facilities to insure that the requirements of paragraph (12)(A), paragraph (13), and paragraph (14) are met, and for annual reporting of the results of such monitoring to the Administrator, except that such reporting requirements shall not apply in the case of a State which is in compliance with the other requirements of this paragraph, which is in compliance with the requirements in paragraph (12)(A) in paragraph (13), and which has enacted legislation which conforms to such requirements and which contains, in the opinion of the Administrator, sufficient enforcement mechanisms to ensure that such legislation will be administered effectively; (16) provide assurance that youth in the juvenile justice system are treated equitably on the basis of gender, race, family income, and mentally, emotionally, or physically handicapping conditions; (17) provide assurance that consideration will be given to and that assistance will be available for approaches designed to strengthen the families of delinquent and other youth to prevent juvenile delinquency (which approaches should include the involvement of grandparents or other extended family members when possible and appropriate and the provision of family counseling during the incarceration of juvenile family members and coordination of family services when appropriate and feasible); (18) provide for procedures to be established for protecting the rights of recipients of services and for assuring appropriate privacy with regard to records relating to such services provided to any individual under the State plan; (19) provide that fair and equitable arrangements shall be made to protect the interests of employees affected by assistance under this chapter and shall provide for the terms and conditions of such protective arrangements established pursuant to this section, and such protective arrangements shall, to the maximum extent feasible, include, without being limited to, such provisions as may be necessary for-- (A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective- bargaining agreements or otherwise; (B) the continuation of collective-bargaining rights; (C) the protection of individual employees against a worsening of their positions with respect to their employment; (D) assurances of employment to employees of any State or political subdivision thereof who will be affected by any program funded in whole or in part under provisions of this chapter; and (E) training or retraining programs; (20) provide for such fiscal control and fund accounting procedures necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter; (21) provide reasonable assurance that Federal funds made available under this part for any period will be so used as to supplement and increase (but not supplant) the level of the State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part, and will in no event replace such State, local, and other non-Federal funds; (22) provide that the State agency designated under paragraph (1) will from time to time, but not less often than annually, review its plan and submit to the Administrator an analysis and evaluation of the effectiveness of the programs and activities carried out under the plan, and any modifications in the plan, including the survey of State and local needs, which it considers necessary; (23) address efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population; (24) contain such other terms and conditions as the Administrator may reasonably prescribe to assure the effectiveness of the programs assisted under this subchapter; and (25) provide an assurance that if the State receives under section 5632 of this title for any fiscal year an amount that exceeds 105 percent of the amount the State received under such section for fiscal year 1992, all of such excess shall be expended through or for programs that are part of a comprehensive and coordinated community system of services. (b) Approval by State criminal justice council. The State agency designated under subsection (a)(1) of this section, after receiving and considering the advice and recommendations of the advisory group referred to in subsection (a) of this section, shall approve the State plan and any modification thereof prior to submission to the Administrator. (c) Approval by Administrator; compliance with statutory requirements (1) Subject to paragraph (2), the Administrator shall approve any State plan and any modification thereof that meets the requirements of this section. (2) Failure to achieve compliance with the subsection (a)(12)(A) of this section requirement within the 3-year time limitation shall terminate any State's eligibility for funding under this part for a fiscal year beginning before January 1, 1993, unless the Administrator determines that the State is in substantial compliance with the requirement, through achievement of deinstitutionalization of not less than 75 percent of such juveniles or through removal of 100 percent of such juveniles from secure correctional facilities, and has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time not exceeding 2 additional years. (3) If a State fails to comply with the requirements of subsection (a), (12)(A), (13), (14), or (23) of this section in any fiscal year beginning after January 1, 1993-- (A) subject to subparagraph (B), the amount allotted under section 5632 of this title to the State for that fiscal year shall be reduced by 25 percent for each such paragraph with respect to which noncompliance occurs; and (B) the State shall be ineligible to receive any allotment under that section for such fiscal year unless-- (i) the State agrees to expend all the remaining funds the State receives under this part (excluding funds required to be expended to comply with section 5632(c) and (d) of this title and with subsection (a)(5)(C) of this section) for that fiscal year only to achieve compliance with any such paragraph with respect to which the State is in noncompliance; or (ii) the Administrator determines, in the discretion of the Administrator, that the State-- (I) has achieved substantial compliance with each such paragraph with respect to which the State was not in compliance; and (II) has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time. (d) Nonsubmission or nonqualification of plan; expenditure of allotted funds; availability of reallocated funds. In the event that any State chooses not to submit a plan, fails to submit a plan, or submits a plan or any modification thereof, which the Administrator, after reasonable notice and opportunity for hearing, in accordance with sections 3783, 3784, and 3785 of this title, determines does not meet the requirements of this section, the Administrator shall endeavor to make that State's allotment under the provisions of section 5632(a) of this title, excluding funds the Administrator shall make available to satisfy the requirement specified in section 222(d) of this title, available to local public and private nonprofit agencies within such State for use in carrying out activities of the kinds described in subsection (a)(12)(A), (13), (14) and (23) of this section. The Administrator shall make funds which remain available after disbursements are made by the Administrator under the preceding sentence, and any other unobligated funds, available on an equitable basis and to those States that have achieved full compliance with the requirements under subsection (a)(12)(A), (13), (14) and (23) of this of this section. SUBCHAPTER II--PROGRAMS AND OFFICES PART C--NATIONAL PROGRAMS SUBPART I--NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY 42 U.S.C. 5651 Sec. 241. Institute structure and operation (a) Establishment. There is hereby established within the Juvenile Justice and Delinquency Prevention Office a National Institute for Juvenile Justice and Delinquency Prevention. (b) Deputy Administrator as head; Administrator to supervise and direct. The National Institute for Juvenile Justice and Delinquency Prevention shall be under the supervision and direction of the Administrator. (c) Coordination of activities with National Institute of Justice. The activities of the National Institute for Juvenile Justice and Delinquency Prevention shall be coordinated with the activities of the National Institute of Justice in accordance with the requirements of section 5611(b) of this title. (d) Purpose of Institute. It shall be the purpose of the Institute to provide-- (1) a coordinating center for the collection, preparation, and dissemination of useful data regarding the prevention, treatment, and control of juvenile delinquency; and (2) appropriate training (including training designed to strengthen and maintain the family unit) for representatives of Federal, State, local law enforcement officers, teachers and special education personnel, recreation and park personnel, family counselors, child welfare workers, juvenile judges and judicial personnel, probation personnel, prosecutors and defense attorneys, correctional personnel (including volunteer lay personnel), persons associated with law-related education, youth workers, and representatives of private agencies and organizations with specific experience in the prevention, treatment, and control of juvenile delinquency. (e) Additional powers. In addition to the other powers, express and implied, the Institute may-- (1) request any Federal agency to supply such statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions; (2) arrange with and reimburse the heads of Federal agencies for the use of personnel or facilities or equipment of such agencies; (3) confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other public or private local agencies; (4) make grants and enter into contracts with public or private agencies, organizations, or individuals, for the partial performance of any functions of the Institute; (5) compensate consultants and members of technical advisory councils who are not in the regular full-time employ of the United States, at a rate now or hereafter payable under section 5376 of Title 5 and while away from home, or regular place of business, they may be allowed travel expenses, including per diem in lieu ofsubsistence, as authorized by section 5703 of Title 5 for persons in the Government service employed intermittently; and (6) assist, through training, the advisory groups established pursuant to section 5633(a)(3) of this title or comparable public or private citizen groups in nonparticipating States in the accomplishment of their objectives consistent with this subchapter. (f) National conference of member representatives from State advisory groups (1) The Administrator, acting through the Institute, shall provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under section 5633(a)(3) of this title to assist such organization to carry out the functions specified in paragraph (2). (2) To be eligible to receive such assistance, such organization shall agree to carry out activities that include-- (A) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups; (B) disseminating information, data, standards, advanced techniques, and program models developed through the Institute and through programs funded under section 5665 of this title; (C) reviewing Federal policies regarding juvenile justice and delinquency prevention; (D) advising the Administrator with respect to particular functions or aspects of the work of the Office; and (E) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention. (g) Cooperation of other Federal agencies. Any Federal agency which receives a request from the Institute under subsection (e)(1) of this section may cooperate with the Institute and shall, to the maximum extent practicable, consult with and furnish information and advice to the Institute. 42 U.S.C. 5652 Sec. 242. Information function of Institute The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention, shall-- (1) on a continuing basis, review reports, data, and standards relating to the juvenile justice system in the United States; (2) serve as an information bank by collecting systematically and synthesizing the data and knowledge obtained from studies and research by public and private agencies, institutions, or individuals concerning all aspects of juvenile delinquency, including the prevention and treatment of juvenile delinquency; and (3) serve as a clearinghouse and information center for the preparation, publication, and dissemination of all information regarding juvenile delinquency, including State and local juvenile delinquency prevention and treatment programs (including drug and alcohol programs and gender-specific programs) and plans, availability of resources, training and educational programs, statistics, and other pertinent data and information. 42 U.S.C. 5653 Sec. 243. Research, demonstration, and evaluation functions of Institute (a) The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention, is authorized to-- (1) conduct, encourage, and coordinate research and evaluation into any aspect of juvenile delinquency, particularly with regard to new programs and methods which seek to strengthen and preserve families or which show promise of making a contribution toward the prevention and treatment of juvenile delinquency; (2) encourage the development of demonstration projects in new, innovative techniques and methods to prevent and treat juvenile delinquency; (3) establish or expand programs that, in recognition of varying degrees of the seriousness of delinquent behavior and the corresponding gradations in the responses of the juvenile justice system in response to that behavior, are designed to-- (i) encourage courts to develop and implement a continuum of post- adjudication restraints that bridge the gap between traditional probation and confinement in a correctional setting (including expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, electronic monitoring, boot camps and similar programs, and secure community-based treatment facilities linked to other support services such as health, mental health, education (remedial and special), job training, and recreation); and (ii) assist in the provision by the Administrator of information and technical assistance, including technology transfer, to States in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior; (4) Encourage the development of programs which, in addition to helping youth take responsibility for their behavior, take into consideration life experiences which may have contributed to their delinquency when developing intervention and treatment programs; (5) encourage the development and establishment of programs to enhance the States' ability to identify chronic serious and violent juvenile offenders who commit crimes such as rape, murder, firearms offenses, gang-related crimes, violent felonies, and serious drug offenses; (5) provide for the evaluation of all juvenile delinquency programs assisted under this subchapter in order to determine the results and the effectiveness of such programs; **** Two (2) number (5) were enacted (6) provide for the evaluation of any other Federal, State, or local juvenile delinquency program; (7) prepare, in cooperation with educational institutions, with Federal, State, and local agencies, and with appropriate individuals and private agencies, such studies as it considers to be necessary with respect to the prevention and treatment of juvenile delinquency and the improvement of the juvenile justice system, including-- (A) recommendations designed to promote effective prevention and treatment, particularly by strengthening and maintaining the family unit; (B) assessments regarding the role of family violence, sexual abuse or exploitation, media violence, the improper handling of youth placed in one State by another State, the effectiveness of family-centered treatment programs, special education, remedial education, and recreation, and the extent to which youth in the juvenile system are treated differently on the basis of sex, race, or family income and the ramifications of such treatment; (C) examinations of the treatment of juveniles processed in the criminal justice system; and (D) recommendations as to effective means for detering [FN1] involvement in illegal activities or promoting involvement in lawful activities (including the productive use of discretionary time through organized recreational [FN2] on the part of gangs whose membership is substantially composed of juveniles; (8) disseminate the results of such evaluations and research and demonstration activities particularly to persons actively working in the field of juvenile delinquency; (9) disseminate pertinent data and studies to individuals, agencies, and organizations concerned with the prevention and treatment of juvenile delinquency; (10) develop and support model State legislation consistent with the mandates of this subchapter and the standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention before October 12, 1984; (11) support research relating to reducing the excessive proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups; and (12) support independent and collaborative research, research training, and consultation on social, psychological, educational, economic, and legal issues affecting children and families; (13) support research related to achieving a better understanding of the commission of hate crimes by juveniles and designed to identify educational programs best suited to prevent and reduce the incidence of hate crimes committed by juveniles; and (14) routinely collect, analyze, compile, publish, and disseminate uniform national statistics concerning-- (A) all aspects of juveniles as victims and offenders; (B) the processing and treatment, in the juvenile justice system, of juveniles who are status offenders, delinquent, neglected, or abused; and (C) the processing and treatment of such juveniles who are treated as adults for purposes of the criminal justice system. (b) The Administrator shall make available to the public-- (1) the results of evaluations and research and demonstration activities referred to in subsection (a)(8) of this section; and (2) the data and studies referred to in subsection (a)(9) of this section; that the Administrator is authorized to disseminate under subsection (a) of this section. [FN1] So in original. [FN2] So in original. Probably should be "recreational activities)". 42 U.S.C. 5654 Sec. 244. Technical assistance and training functions The Administrator, acting through the National Institute for Juvenile Justice and Delinquency Prevention is authorized to-- (1) provide technical assistance and training assistance to Federal, State, and local governments and to courts, public and private agencies, institutions, and individuals in the planning, establishment, funding, operation, and evaluation of juvenile delinquency programs; (2) develop, conduct, and provide for training programs for the training of professional, paraprofessional, and volunteer personnel, and other persons who are working with or preparing to work with juveniles, juvenile offenders (including juveniles who commit hate crimes), and their families; (3) develop, conduct, and provide for seminars, workshops, and training programs in the latest proven effective techniques and methods of preventing and treating juvenile delinquency for law enforcement officers, juvenile judges, prosecutors and defense attorneys, and other court personnel, probation officers, correctional personnel, and other Federal, State, and local government personnel who are engaged in work relating to juvenile delinquency; (4) develop technical training teams to aid in the development of training programs in the States and to assist State and local agencies which work directly with juveniles and juvenile offenders; and (5) provide technical assistance and training to assist States and units of general local government to adopt the model standards issued under section 5614(b)(7) of this title. 42 U.S.C. 5659 Sec. 245. Training program; establishment; purpose; utilization of State and local facilities, personnel, etc.; enrollees (a) The Administrator shall establish within the Institute a training program designed to train enrollees with respect to methods and techniques for the prevention and treatment of juvenile delinquency, including methods and techniques specifically designed to prevent and reduce the incidence of hate crimes committed by juveniles. In carrying out this program the Administrator is authorized to make use of available State and local services, equipment, personnel, facilities, and the like. (b) Enrollees in the training program established under this section shall be drawn from law enforcement and correctional personnel (including volunteer lay personnel), teachers and special education personnel, family counselors, child welfare workers, juvenile judges and judicial personnel, persons associated with law-related education, youth workers, and representatives of private agencies and organizations with specific experience in the prevention and treatment of juvenile delinquency. 42 U.S.C. 5660 Sec. 246. Curriculum for training program The Administrator shall design and supervise a curriculum for the training program established by section 5659 of this title which shall utilize an interdisciplinary approach with respect to the prevention of juvenile delinquency, the treatment of juvenile delinquents, and the diversion of youths from the juvenile justice system. Such curriculum shall be appropriate to the needs of the enrollees of the training program and shall include training designed to prevent juveniles from committing hate crimes. 42 U.S.C. 5661 Sec. 247. Participation in training program and State advisory group conferences (a) Application. Any person seeking to enroll in the training program established under section 5659 of this title shall transmit an application to the Administrator, in such form and according to such procedures as the Administrator may prescribe. (b) Admittance; determination by Secretary. The Administrator shall make the final determination with respect to the admittance of any person to the training program. The Administrator, in making such determination, shall seek to assure that persons admitted to the training program are broadly representative of the categories described in section 5659(b) of this title. (c) Travel expenses and per diem allowance. While participating as a trainee in the program established under section 5659 of this title or while participating in any conference held under section 5651(f) of this title, and while traveling in connection with such participation, each person so participating shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of Title 5. No consultation fee may be paid to such person for such participation. 42 U.S.C. 5662 Sec. 248. Special studies and reports (a) Pursuant to 1988 amendments (1) Not later than 1 year after November 18, 1988, the Administrator shall begin to conduct a study with respect to the juvenile justice system-- (A) to review-- (i) conditions in detention and correctional facilities for juveniles; and (ii) the extent to which such facilities meet recognized national professional standards; and (B) to make recommendations to improve conditions in such facilities. (2)(A) Not later than 1 year after November 18, 1988, the Administrator shall begin to conduct a study to determine-- (i) how juveniles who are American Indians and Alaskan Natives and who are accused of committing offenses on and near Indian reservations and Alaskan Native villages, respectively, are treated under the systems of justice administered by Indian tribes and Alaskan Native organizations, respectively, that perform law enforcement functions; (ii) the amount of financial resources (including financial assistance provided by governmental entities) available to Indian tribes and Alaskan Native organizations that perform law enforcement functions, to support community-based alternatives to incarcerating juveniles; and (iii) the extent to which such tribes and organizations comply with the requirements specified in paragraphs (12)(A), (13), and (14) of section 5633(a) of this title, applicable to the detention and confinement of juveniles. (B)(i) for purposes of section 450e(b) of Title 25, any contract, subcontract, grant, or subgrant made under paragraph (1) shall be deemed to be a contract, subcontract, grant, or subgrant made for the benefit of Indians. (ii) for purposes of section 450e(b) of Title 25 and subparagraph (A) of this paragraph, references to Indians and Indian organizations shall be deemed to include Alaskan Natives and Alaskan Native organizations, respectively. (3) Not later than 3 years after November 18, 1988, the Administrator shall submit a report to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate containing a description, and a summary of the results, of the study conducted under paragraph (1) or (2), as the case may be. (b) Pursuant to 1992 amendments (1) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study with respect to juveniles waived to adult court that reviews-- (i) the frequency and extent to which juveniles have been transferred, certified, or waived to criminal court for prosecution during the 5-year period ending December 1992; (ii) conditions of confinement in adult detention and correctional facilities for juveniles waived to adult court; and (iii) sentencing patterns, comparing juveniles waived to adult court with juveniles who have committed similar offenses but have not been waived; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report (including a compilation of State waiver statutes) on the findings made in the study and recommendations to improve conditions for juveniles waived to adult court. (2) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study with respect to admissions of juveniles for behavior disorders to private psychiatric hospitals, and to other residential and nonresidential programs that serve juveniles admitted for behavior disorders, that reviews-- (i) the frequency with which juveniles have been admitted to such hospitals and programs during the 5-year period ending December 1992; and (ii) conditions of confinement, the average length of stay, and methods of payment for the residential care of such juveniles; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve procedural protections and conditions for juveniles with behavior disorders admitted to such hospitals and programs. (3) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study of gender bias within State juvenile justice systems that reviews-- (i) the frequency with which females have been detained for status offenses (such as frequently running away, truancy, and sexual activity), as compared with the frequency with which males have been detained for such offenses during the 5-year period ending December 1992; and (ii) the appropriateness of the placement and conditions of confinement for females; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to combat gender bias in juvenile justice and provide appropriate services for females who enter the juvenile justice system. (4) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study of the Native American pass-through grant program authorized under section 5633(a)(5)(C) of this title that reviews the cost- effectiveness of the funding formula utilized; and (B) submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve the Native American pass-through grant program. (5) Not later than 1 year after November 4, 1992, the Comptroller General shall-- (A) conduct a study of access to counsel in juvenile court proceedings that reviews-- (i) the frequency with which and the extent to which juveniles in juvenile court proceedings either have waived counsel or have obtained access to counsel during the 5-year period ending December 1992; and (ii) a comparison of access to and the quality of counsel afforded juveniles charged in adult court proceedings with those of juveniles charged in juvenile court proceedings; and (B) submit to Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings made in the study and recommendations to improve access to counsel for juveniles in juvenile court proceedings. (6)(A) Not later than 180 days after November 4, 1992, the Administrator shall begin to conduct a study and continue any pending study of the incidence of violence committed by or against juveniles in urban and rural areas in the United States. (B) The urban areas shall include-- (i) the District of Columbia; (ii) Los Angeles, California; (iii) Milwaukee, Wisconsin; (iv) Denver, Colorado; (v) Pittsburgh, Pennsylvania; (vi) Rochester, New York; and (vii) such other cities as the Administrator determines to be appropriate. (C) At least one rural area shall be included. (D) With respect to each urban and rural area included in the study, the objectives of the study shall be-- (i) to identify characteristics and patterns of behavior of juveniles who are at risk of becoming violent or victims of homicide; (ii) to identify factors particularly indigenous to such area that contribute to violence committed by or against juveniles; (iii) to determine the accessibility of firearms, and the use of firearms by or against juveniles; (iv) to determine the conditions that cause any increase in violence committed by or against juveniles; (v) to identify existing and new diversion, prevention, and control programs to ameliorate such conditions; (vi) to improve current systems to prevent and control violence by or against juveniles; and (vii) to develop a plan to assist State and local governments to establish viable ways to reduce homicide committed by or against juveniles. (E) Not later than 3 years after November 4, 1992, the Administrator shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate detailing the results of the study addressing each objective specified in subparagraph (D). (7)(A) Not later than 1 year after November 4, 1992, the Administrator shall-- (i) conduct a study described in subparagraph (B); and (ii) submit to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate the results of the study. (B) The study required by subparagraph (A) shall assess-- (i) the characteristics of juveniles who commit hate crimes, including a profile of such juveniles based on-- (I) the motives for committing hate crimes; (II) the age, sex, race, ethnicity, education level, locality, and family income of such juveniles; and (III) whether such juveniles are familiar with publications or organized groups that encourage the commission of hate crimes; (ii) the characteristics of hate crimes committed by juveniles, including-- (I) the types of hate crimes committed; (II) the frequency with which institutions and natural persons, separately determined, were the targets of such crimes; (III) the number of persons who participated with juveniles in committing such crimes; (IV) the types of law enforcement investigations conducted with respect to such crimes; (V) the law enforcement proceedings commenced against juveniles for committing hate crimes; and (VI) the penalties imposed on such juveniles as a result of such proceedings; and (iii) the characteristics of the victims of hate crimes committed by juveniles, including-- (I) the age, sex, race, ethnicity, locality of the victims and their familiarity with the offender; and (II) the motivation behind the attack. SUBCHAPTER II--PROGRAMS AND OFFICES PART C--NATIONAL PROGRAMS SUBPART II--SPECIAL EMPHASIS PREVENTION AND TREATMENT PROGRAMS 42 U.S.C. 5665 Sec. 261. Authority to make grants and contracts (a) Purposes of grants and contracts. Except as provided in subsection (f) of this section, the Administrator shall, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals provide for each of the following during each fiscal year: (1) Establishing or maintaining community-based alternatives (including home- based treatment programs) to traditional forms of institutionalization of juvenile offenders. (2) Establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system, including restitution and reconciliation projects which test and validate selected arbitration models, such as neighborhood courts or panels, and increase victim satisfaction while providing alternatives to incarceration for detained or adjudicated delinquents. (3) Establishing or supporting advocacy programs and services that encourage the improvement of due process available to juveniles in the juvenile justice system and the quality of legal representation for such juveniles. (4) Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles affected by the juvenile justice system, including services that provide for the appointment of special advocates by courts for such juveniles. (5) Developing or supporting model programs (including self-help programs for parents) to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency, including programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited-English speaking ability. (6) Establishing or implementing special emphasis prevention and treatment programs relating to juveniles who commit serious crimes (including such crimes committed in schools), including programs designed to deter involvement in illegal activities or to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles. (7) Developing or implementing further a coordinated, national law-related education program of-- (A) delinquency prevention in elementary and secondary schools, and other local sites; (B) training for persons responsible for the implementation of law-related education programs; and (C) disseminating information regarding model, innovative, law-related education programs to juvenile delinquency programs, including those that are community based, and to law enforcement and criminal justice agencies for activities related to juveniles, that targets juveniles who have had contact with thejuvenile justice system or who are likely to have contact with the system. (8) Addressing efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population. (9) Establishing or supporting programs designed to prevent and to reduce the incidence of hate crimes by juveniles, including-- (A) model educational programs that are designed to reduce the incidence of hate crimes by means such as-- (i) addressing the specific prejudicial attitude of each offender; (ii) developing an awareness in the offender of the effect of the hate crime on the victim; and (iii) educating the offender about the importance of tolerance in our society; and (B) sentencing programs that are designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration. (b) Development and implementation of new approaches, techniques, and methods. Except as provided in subsection (f) of this section, the Administrator is authorized, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, to develop and implement new approaches, techniques, and methods designed to-- (1) improve the capability of public and private agencies and organizations to provide services for delinquents and other juveniles to help prevent juvenile delinquency; (2) develop and implement, in coordination with the Secretary of Education, model programs and methods to keep students in elementary and secondary schools to assist in identifying learning difficulties (including learning disabilities), to prevent unwarranted and arbitrary suspensions and expulsions, and to encourage new approaches and techniques with respect to the prevention of school violence and vandalism; (3) develop, implement, and support, in conjunction with the Secretary of Labor, other public and private agencies, organizations, business, and industry, programs for the employment of juveniles; (4) develop and support programs designed to encourage and assist State legislatures to consider and establish policies consistent with this subchapter, both by amending State laws, if necessary, and devoting greater resources to effectuate such policies; (5) develop and implement programs relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist law enforcement personnel, community service personnel, and juvenile justice personnel to more effectively recognize and provide for learning-disabled and other handicapped juveniles; (6) develop statewide programs through the use of subsidies or other financial incentives designed to-- (A) remove juveniles from jails and lockups for adults; (B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or (C) establish and adopt, based upon the recommendations of the National Advisory Committee for Juvenile Justice and Delinquency Prevention made before October 12, 1984, standards for the improvement of juvenile justice within each State involved; and (7) develop and implement model programs, relating to the special education needs of delinquent and other juveniles, which develop locally coordinated policies and programs among education, juvenile justice, and social service agencies. (c) Private nonprofit agencies, organizations, and institutions with experience in dealing with juveniles. Not less than 30 percent of the funds available for grants and contracts under this section shall be available for grants to and contracts with private nonprofit agencies, organizations, and institutions which have experience in dealing with juveniles. (d) Female, minority, and disadvantaged juveniles. Assistance provided under this section shall be available on an equitable basis to deal with female, minority, and disadvantaged juveniles, including juveniles who are mentally, emotionally, or physically handicapped. (e) Special needs and problems of juvenile delinquency in certain areas. Not less than 5 percent of the funds available for grants and contracts under this section shall be available for grants, and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. (f) Department of Justice or related entity as recipient. The Administrator shall not make a grant or a contract under subsection (a) or (b) of this section to the Department of Justice or to any administrative unit or other entity that is part of the Department of Justice. 42 U.S.C. 5665a Sec. 262. Considerations for approval of applications (a) In general. Any agency, institution, or individual desiring to receive a grant, or enter into a contract, under this part shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe. (b) Contents of application. In accordance with guidelines established by the Administrator, each application for assistance under this part shall-- (1) set forth a program for carrying out one or more of the purposes set forth in this part and specifically identify each such purpose such program is designed to carry out; (2) provide that such program shall be administered by or under the supervision of the applicant; (3) provide for the proper and efficient administration of such program; (4) provide for regular evaluation of such program; (5) certify that the applicant has requested the State planning agency and local agency designated in section 5633 of this title, if any to review and comment on such application and indicate the responses of such State planning agency and local agency to such request; (6) attach a copy of the responses of such State planning agency and local agency to such request; (7) provide that regular reports on such program shall be sent to the Administrator and to such State planning agency and local agency; and (8) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter. (c) Factors considered. In determining whether or not to approve applications for grants and for contracts under this part, the Administrator shall consider-- (1) the relative cost and effectiveness of the proposed program in carrying out this part; (2) the extent to which such program will incorporate new or innovative techniques; (3) if a State plan has been approved by the Administrator under section 5633(c) of this title, the extent to which such program meets the objectives and priorities of the State plan, taking into consideration the location and scope of such program; (4) the increase in capacity of the public and private agency, institution, or individual involved to provide services to address juvenile delinquency and juvenile delinquency prevention; (5) the extent to which such program serves communities which have high rates of juvenile unemployment, school dropout, and delinquency; and (6) the adverse impact that may result from the restriction of eligibility, based upon population, for cities with a population greater than 40,000 located within States which have no city with a population over 250,000. (d) Competitive selection process; review of proposed programs; expedited consideration of proposed programs (1)(A) Programs selected for assistance through grants or contracts under this part (other than section 5651(f) of this title) shall be selected through a competitive process to be established by rule by the Administrator. As part of such a process, the Administrator shall announce in the Federal Register-- (i) the availability of funds for such assistance; (ii) the general criteria applicable to the selection of applicants to receive such assistance; and (iii) a description of the procedures applicable to submitting and reviewing applications for such assistance. (B) The competitive process described in subparagraph (A) shall not be required if the Administrator makes a written determination waiving the competitive process-- (i) with respect to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C.A. s 5121 et seq.] that a major disaster or emergency exists; or (ii) with respect to a particular program described in this part that is uniquely qualified. (2)(A) Programs selected for assistance through grants or contracts under this part (other than section 5651(f) of this title) shall be reviewed before selection, and thereafter as appropriate, through a formal peer review process utilizing experts (other than officers and employees of the Department of Justice) in fields related to the subject matter of the proposed program. (B) Such process shall be established by the Administrator in consultation with the Directors and other appropriate officials of the National Science Foundation and the National Institute of Mental Health. Before implementation of such process, the Administrator shall submit such process to such Directors, each of whom shall prepare and furnish to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate a final report containing their comments on such process as proposed to be established. (3) The Administrator, in establishing the processes required under paragraphs (1) and (2), shall provide for emergency expedited consideration of the proposed programs if necessary to avoid any delay which would preclude carrying out such programs. (e) City population as basis of denial. A city shall not be denied assistance under this part solely on the basis of its population. (f) Transmission of notification to Committee chairmen. Notification of grants and contracts made under this part (and the applications submitted for such grants and contracts) shall, upon being made, be transmitted by the Administrator, to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on the Judiciary of the Senate. SUBCHAPTER II--PROGRAMS AND OFFICES PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG INTERVENTION SUBPART I--GANG-FREE SCHOOLS AND COMMUNITIES 42 U.S.C. 5667 Sec. 281. Authority to make grants and contracts (a) The Administrator shall make grants to or enter into contracts with public agencies (including local educational agencies) and private nonprofit agencies, organizations, and institutions to establish and support programs and activities that involve families and communities and that are designed to carry out any of the following purposes: (1) To prevent and to reduce the participation of juveniles in the activities of gangs that commit crimes. Such programs and activities may include-- (A) individual, peer, family, and group counseling, including the provision of life skills training and preparation for living independently, which shall include cooperation with social services, welfare, and health care programs; (B) education and social services designed to address the social and developmental needs of juveniles which such juveniles would otherwise seek to have met through membership in gangs; (C) crisis intervention and counseling to juveniles, who are particularly at risk of gang involvement, and their families, including assistance from social service, welfare, health care, mental health, and substance abuse prevention and treatment agencies where necessary; (D) the organization of neighborhood and community groups to work closely with parents, schools, law enforcement, and other public and private agencies in the community; and (E) training and assistance to adults who have significant relationships with juveniles who are or may become members of gangs, to assist such adults in providing constructive alternatives to participating in the activities of gangs. (2) To develop within the juvenile adjudicatory and correctional systems new and innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses. (3) To target elementary school students, with the purpose of steering students away from gang involvement. (4) To provide treatment to juveniles who are members of such gangs, including members who are accused of committing a serious crime and members who have been adjudicated as being delinquent. (5) To promote the involvement of juveniles in lawful activities in geographical areas in which gangs commit crimes. (6) To promote and support, with the cooperation of community-based organizations experienced in providing services to juveniles engaged in gang- related activities and the cooperation of local law enforcement agencies, the development of policies and activities in public elementary and secondary schools which will assist such schools in maintaining a safe environment conducive to learning. (7) To assist juveniles who are or may become members of gangs to obtain appropriate educational instruction, in or outside a regular school program, including the provision of counseling and other services to promote and support the continued participation of such juveniles in such instructional programs. (8) To expand the availability of prevention and treatment services relating to the illegal use of controlled substances and controlled substances analogues (as defined in paragraphs (6) and (32) of section 802 of Title 21) by juveniles, provided through State and local health and social services agencies. (9) To provide services to prevent juveniles from coming into contact with the juvenile justice system again as a result of ang-related activity. (10) To provide services authorized in this section at a special location in a school or housing project. (11) To support activities to inform juveniles of the availability of treatment and services for which financial assistance is available under this subpart. (b) From not more than 15 percent of the amount appropriated to carry out this part in each fiscal year, the Administrator may make grants to and enter into contracts with public agencies and private nonprofit agencies, organizations, and institutions-- (1) to conduct research on issues related to juvenile gangs; (2) to evaluate the effectiveness of programs and activities funded under subsection (a) of this section; and (3) to increase the knowledge of the public (including public and private agencies that operate or desire to operate gang prevention and intervention programs) by disseminating information on research and on effective programs and activities funded under this subpart. 42 U.S.C. 5667-1 Sec. 281A. Approval of applications (a) Submission of applications. Any agency, organization, or institution desiring to receive a grant, or to enter into a contract, under this subpart shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe. (b) Contents of applications. In accordance with guidelines established by the Administrator, each application submitted under subsection (a) of this section shall-- (1) set forth a program or activity for carrying out one or more of the purposes specified in section 5667 of this title and specifically identify each such purpose such program or activity is designed to carry out; (2) provide that such program or activity shall be administered by or under the supervision of the applicant; (3) provide for the proper and efficient administration of such program or activity; (4) provide for regular evaluation of such program or activity; (5) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (6) describe how such program or activity is coordinated with programs, activities, and services available locally under parts B or C of this subchapter, and under chapter 1 of subtitle B of title III of the Anti-Drug Abuse Act of 1988 [42 U.S.C.A. s 11801 et seq.]; (7) certify that the applicant has requested the State planning agency to review and comment on such application and summarizes the responses of such State planning agency to such request; (8) provide that regular reports on such program or activity shall be sent to the Administrator and to such State planning agency; and (9) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subpart. (c) Priority. In reviewing applications for grants and contracts under section 5667(a) of this title, the Administrator shall give priority to applications-- (1) submitted by, or substantially involving, local educational agencies (as defined in section 2891 of Title 20); (2) based on the incidence and severity of crimes committed by gangs whose membership is composed primarily of juveniles in the geographical area in which the applicants propose to carry out the programs and activities for which such grants and contracts are requested; and (3) for assistance for programs and activities that-- (A) are broadly supported by public and private non-profit agencies, organizations, and institutions located in such geographical area; and (B) will substantially involve the families of juvenile gang members in carrying out such programs or activities. SUBCHAPTER II--PROGRAMS AND OFFICES PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG INTERVENTION SUBPART II--COMMUNITY-BASED GANG INTERVENTION 42 U.S.C. 5667a Sec. 282. Authority to make grants and contracts (a) The Administrator shall make grants to or enter into contracts with public and private nonprofit agencies, organizations, and institutions to carry out programs and activities-- (1) to reduce the participation of juveniles in the illegal activities of gangs; (2) to develop regional task forces involving State, local, and community- based organizations to coordinate enforcement, intervention, and treatment efforts for juvenile gang members and to curtail interstate activities of gangs; and (3) to facilitate coordination and cooperation among-- (A) local education, juvenile justice, employment, and social service agencies; and (B) community-based programs with a proven record of effectively providing intervention services to juvenile gang members for the purpose of reducing the participation of juveniles in illegal gang activities; and (4) to support programs that, in recognition of varying degrees of the seriousness of delinquent behavior and the corresponding gradations in the responses of the juvenile justice system in response to that behavior, are designed to-- (A) encourage courts to develop and implement a continuum of post- adjudication restraints that bridge the gap between traditional probation and confinement in a correctional setting (including expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, electronic monitoring, boot camps and similar programs, and secure community-based treatment facilities linked to other support services such as health, mental health, education (remedial and special), job training, and recreation); and (B) assist in the provision by the provision by the Administrator of information and technical assistance, including technology transfer, to States in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior. (b) Programs and activities for which grants and contracts are to be made under subsection (a) of this section may include-- (1) developing within the juvenile adjudicatory and correctional systems new and innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses; (2) providing treatment to juveniles who are members of such gangs, including members who are accused of committing a serious crime and members who have been adjudicated as being delinquent; (3) promoting the involvement of juveniles in lawful activities in geographical areas in which gangs commit crimes; (4) expanding the availability of prevention and treatment services relating to the illegal use of controlled substances and controlled substances analogues (as defined in paragraphs (6) and (32) of section 802 of Title 21) by juveniles, provided through State and local health and social services agencies; (5) providing services to prevent juveniles from coming into contact with the juvenile justice system again as a result of gang-related activity; or (6) supporting activities to inform juveniles of the availability of treatment and services for which financial assistance is available under this subpart. 42 U.S.C. 5667a-1 Sec. 282A. Approval of applications (a) Submission of applications. Any agency, organization, or institution desiring to receive a grant, or to enter into a contract, under this subpart shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe. (b) Contents of applications. In accordance with guidelines established by the Administrator, each application submitted under subsection (a) of this section shall-- (1) set forth a program or activity for carrying out one or more of the purposes specified in section 5667a of this title and specifically identify each such purpose such program or activity is designed to carry out; (2) provide that such program or activity shall be administered by or under the supervision of the applicant; (3) provide for the proper and efficient administration of such program or activity; (4) provide for regular evaluation of such program or activity; (5) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (6) describe how such program or activity is coordinated with programs, activities, and services available locally under parts B or C of this subchapter, and under chapter 1 of subtitle B of title III of the Anti-Drug Abuse Act of 1988 [42 U.S.C.A. s 11801 et seq.]; (7) certify that the applicant has requested the State planning agency to review and comment on such application and summarizes the responses of such State planning agency to such request; (8) provide that regular reports on such program or activity shall be sent to the Administrator and to such State planning agency; and (9) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subpart. (c) Priority. In reviewing applications for grants and contracts under section 5667c(a) of this title, the Administrator shall give priority to applications-- (1) submitted by, or substantially involving, community-based organizations experienced in providing services to juveniles; (2) based on the incidence and severity of crimes committed by gangs whose membership is composed primarily of juveniles in the geographical area in which the applicants propose to carry out the programs and activities for which such grants and contracts are requested; and (3) for assistance for programs and activities that-- (A) are broadly supported by public and private non-profit agencies, organizations, and institutions located in such geographical area; and (B) will substantially involve the families of juvenile gang members in carrying out such programs or activities. SUBCHAPTER II--PROGRAMS AND OFFICES PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG INTERVENTION SUBPART III--GENERAL PROVISIONS 42 U.S.C. 5667b Sec. 283 Definition For purposes of this part, the term "juvenile" means an individual who is less than 22 years of age. SUBCHAPTER II--PROGRAMS AND OFFICES PART E--STATE CHALLENGE ACTIVITIES 42 U.S.C. 5667c Sec. 285. Establishment of program (a) In general. The Administrator may make a grant to a State that receives an allocation under section 5632 of this title, in the amount of 10 percent of the amount of the allocation, for each challenge activity in which the State participates for the purpose of funding the activity. (b) Definitions. For purposes of this part-- (1) the term "case review system" means a procedure for ensuring that-- (A) each youth has a case plan, based on the use of objective criteria for determining a youth's danger to the community or himself or herself, that is designed to achieve appropriate placement in the least restrictive and most family-like setting available in close proximity to the parents' home, consistent with the best interests and special needs of the youth; (B) the status of each youth is reviewed periodically but not less frequently than once every 3 months, by a court or by administrative review, in order to determine the continuing necessity for and appropriateness of the placement; (C) with respect to each youth, procedural safeguards will be applied to ensure that a dispositional hearing is held to consider the future status of each youth under State supervision, in a juvenile or family court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, not later than 12 months after the original placement of the youth and periodically thereafter during the continuation of out-of-home placement; and (D) a youth's health, mental health, and education record is reviewed and updated periodically; and (2) the term "challenge activity" means a program maintained for 1 of the following purposes: (A) Developing and adopting policies and programs to provide basic health, mental health, and appropriate education services, including special education, for youth in the juvenile justice system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention prior to October 12, 1984. (B) Developing and adopting policies and programs to provide access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel. (C) Increasing community-based alternatives to incarceration by establishing programs (such as expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, and electronic monitoring) and developing and adopting a set of objective criteria for the appropriate placement of juveniles in detention and secure confinement. (D) Developing and adopting policies and programs to provide secure settings for the placement of violent juvenile offenders by closing down traditional training schools and replacing them with secure settings with capacities of no more than 50 violent juvenile offenders with ratios of staff to youth great enough to ensure adequate supervision and treatment. (E) Developing and adopting policies to prohibit gender bias in placement and treatment and establishing programs to ensure that female youth have access to the full range of health and mental health services, treatment for physical or sexual assault and abuse, self defense instruction, education in parenting, education in general, and other training and vocational services. (F) Establishing and operating, either directly or by contract or arrangement with a public agency or other appropriate private nonprofit organization (other than an agency or organization that is responsible for licensing or certifying out-of-home care services for youth), a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of- home care to children and youth (including secure detention and correctional facilities, residential care facilities, public agencies, and social service agencies) that may adversely affect the health, safety, welfare, or rights of resident children and youth. (G) Developing and adopting policies and programs designed to remove, where appropriate, status offenders from the jurisdiction of the juvenile court to prevent the placement in secure detention facilities or secure correctional facilities of juveniles who are nonoffenders or who are charged with or who have committed offenses that would not be criminal if committed by an adult. (H) Developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school. (I) Increasing aftercare services for juveniles involved in the justice system by establishing programs and developing a