The text of the bill below is as of Apr 21, 1999 (Introduced).
HR 1501 IH
H. R. 1501
To provide grants to ensure increased accountability for juvenile offenders.
IN THE HOUSE OF REPRESENTATIVES
April 21, 1999
April 21, 1999
Mr. MCCOLLUM (for himself, Mr. SCOTT, Mr. HYDE, Mr. CONYERS, Mr. CHABOT, Mr. BARR of Georgia, Mr. GEKAS, Mr. COBLE, Mr. SMITH of Texas, Mr. CANADY of Florida, Mr. HUTCHINSON, Mr. MEEHAN, Mr. ROTHMAN, Mr. WEINER, Ms. JACKSON-LEE of Texas, Mr. WATT of North Carolina, Mr. DELAHUNT, Mr. WEXLER, and Ms. LOFGREN) introduced the following bill; which was referred to the Committee on the Judiciary
To provide grants to ensure increased accountability for juvenile offenders.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Consequences for Juvenile Offenders Act of 1999’.
SEC. 2. GRANT PROGRAM.
(a) IN GENERAL- Part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as follows:
‘PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
‘SEC. 1801. PROGRAM AUTHORIZED.
‘(a) IN GENERAL- The Attorney General is authorized to provide grants to States, for use by States and units of local government, and in certain cases directly to specially qualified units.
‘(b) AUTHORIZED ACTIVITIES- Amounts paid to a State or a unit of local government under this part shall be used by the State or unit of local government for the purpose of strengthening the juvenile justice system, which includes--
‘(1) developing, implementing, and administering graduated sanctions for juvenile offenders;
‘(2) building, expanding, renovating, or operating temporary or permanent juvenile correction, detention, or community corrections facilities;
‘(3) hiring juvenile court judges, probation officers, and court-appointed defenders and special advocates, and funding pretrial services for juvenile offenders, to promote the effective and expeditious administration of the juvenile justice system;
‘(4) hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and case backlogs reduced;
‘(5) providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively and for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders;
‘(6) establishing and maintaining training programs for law enforcement and other court personnel with respect to preventing and controlling juvenile crime;
‘(7) establishing juvenile gun courts for the prosecution and adjudication of juvenile firearms offenders;
‘(8) establishing drug court programs for juvenile offenders that provide continuing judicial supervision over juvenile offenders with substance abuse problems and the integrated administration of other sanctions and services for such offenders;
‘(9) establishing and maintaining a system of juvenile records designed to promote public safety;
‘(10) establishing and maintaining interagency information-sharing programs that enable the juvenile and criminal justice system, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts;
‘(11) establishing and maintaining accountability-based programs designed to reduce recidivism among juveniles who are referred by law enforcement personnel or agencies.
‘(12) establishing and maintaining programs to conduct risk and need assessments of juvenile offenders that facilitate the effective early intervention and the provision of comprehensive services, including mental health screening and treatment and substance abuse testing and treatment to such offenders; and
‘(13) establishing and maintaining accountability-based programs that are designed to enhance school safety.
‘SEC. 1802. GRANT ELIGIBILITY.
‘(a) STATE ELIGIBILITY- To be eligible to receive a grant under this section, a State shall submit to the Attorney General an application at such time, in such form, and containing such assurances and information as the Attorney General may require by rule, including assurances that the State and any unit of local government to which the State provides funding under section 1803(b), has in effect (or shall have in effect, not later than 1 year after the date that the State submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the State submits such application) policies and programs, that provide for a system of graduated sanctions described in subsection (c).
‘(b) LOCAL ELIGIBILITY-
‘(1) SUBGRANT ELIGIBILITY- To be eligible to receive a subgrant, a unit of local government, other than a specially qualified unit, shall provide such assurances to the State as the State shall require, that, to the maximum extent applicable, the unit of local government has in effect (or shall have in effect, not later than 1 year after the date that the unit submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the unit submits such application) policies and programs, that provide for a system of graduated sanctions described in subsection (c).
‘(2) SPECIAL RULE- The requirements of paragraph (1) shall apply to a specially qualified unit that receives funds from the Attorney General under section 1803(e), except that information that is otherwise required to be submitted to the State shall be submitted to the Attorney General.
‘(c) GRADUATED SANCTIONS- A system of graduated sanctions, which may be discretionary as provided in subsection (d), shall ensure, at a minimum, that--
‘(1) sanctions are imposed on juvenile offenders for every offense;
‘(2) sanctions escalate in intensity with each subsequent, more serious delinquent or criminal offense;
‘(3) there is sufficient flexibility to allow for individualized sanctions and services suited to the individual juvenile offender; and
‘(4) appropriate consideration is given to public safety and victims of crime.
‘(d) DISCRETIONARY USE OF SANCTIONS-
‘(1) VOLUNTARY PARTICIPATION- A State or unit of local government may be eligible to receive a grant under this part if--
‘(A) its system of graduated sanctions is discretionary; and
‘(B) it demonstrates that it has promoted the use of a system of graduated sanctions by taking steps to encourage implementation of such a system by juvenile courts.
‘(2) REPORTING REQUIREMENT IF GRADUATED SANCTIONS NOT USED-
‘(A) JUVENILE COURTS- A State or unit of local government in which the imposition of graduated sanctions is discretionary shall require each juvenile court within its jurisdiction--
‘(i) which has not implemented a system of graduated sanctions, to submit an annual report that explains why such court did not implement graduated sanctions; and
‘(ii) which has implemented a system of graduated sanctions but has not imposed graduated sanctions in 1 or more specific cases, to submit an annual report that explains why such court did not impose graduated sanctions in each such case.
‘(B) UNITS OF LOCAL GOVERNMENT- Each unit of local government, other than a specially qualified unit, that has 1 or more juvenile courts that use a discretionary system of graduated sanctions shall collect the information reported under subparagraph (A) for submission to the State each year.
‘(C) STATES- Each State and specially qualified unit that has 1 or more juvenile courts that use a discretionary system of graduated sanctions shall collect the information reported under subparagraph (A) for submission to the Attorney General each year. A State shall also collect and submit to the Attorney General the information collected under subparagraph (B).
‘(e) DEFINITIONS- For purposes of this section:
‘(1) The term ‘discretionary’ means that a system of graduated sanctions is not required to be imposed by each and every juvenile court in a State or unit of local government.
‘(2) The term ‘sanctions’ means tangible, proportional consequences that hold the juvenile offender accountable for the offense committed. A sanction may include counseling, restitution, community service, a fine, supervised probation, or confinement.
‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘(a) STATE ALLOCATION-
‘(1) IN GENERAL- In accordance with regulations promulgated pursuant to this part and except as provided in paragraph (3), the Attorney General shall allocate--
‘(A) 0.25 percent for each State; and
‘(B) of the total funds remaining after the allocation under subparagraph (A), to each State, an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of people under the age of 18 living in such State for the most recent calendar year in which such data is available bears to the population of people under the age of 18 of all the States for such fiscal year.
‘(2) PROHIBITION- No funds allocated to a State under this subsection or received by a State for distribution under subsection (b) may be distributed by the Attorney General or by the State involved for any program other than a program contained in an approved application.
‘(3) INCREASE FOR STATE RESERVE-
‘(A) IN GENERAL- Subject to subparagraph (B), if a State demonstrates and certifies to the Attorney General that the State’s law enforcement expenditures in the fiscal year preceding the date in which an application is submitted under this part is more than 25 percent of the aggregate amount of law enforcement expenditures by the State and its eligible units of local government, the percentage referred to in paragraph (1)(A) shall equal the percentage determined by dividing the State’s law enforcement expenditures by such aggregate.
‘(B) LAW ENFORCEMENT EXPENDITURES OVER 50 PERCENT- If the law enforcement expenditures of a State exceed 50 percent of the aggregate amount described in subparagraph (A), the Attorney General shall consult with as many units of local government in such State as practicable regarding the State’s proposed uses of funds.
‘(b) LOCAL DISTRIBUTION-
‘(1) IN GENERAL- Except as provided in subsection (a)(3), each State which receives funds under subsection (a)(1) in a fiscal year shall distribute not less than 75 percent of such amounts received among units of local government, for the purposes specified in section 1801. In making such distribution the State shall allocate to such units of local government an amount which bears the same ratio to the aggregate amount of such funds as--
‘(A) the sum of--
‘(i) the product of--
‘(I) three-quarters; multiplied by
‘(II) the average law enforcement expenditure for such unit of local government for the 3 most recent calendar years for which such data is available; plus
‘(ii) the product of--
‘(I) one-quarter; multiplied by
‘(II) the average annual number of part 1 violent crimes in such unit of local government for the 3 most recent calendar years for which such data is available, bears to--
‘(B) the sum of the products determined under subparagraph (A) for all such units of local government in the State.
‘(2) EXPENDITURES- The allocation any unit of local government shall receive under paragraph (1) for a payment period shall not exceed 100 percent of law enforcement expenditures of the unit for such payment period.
‘(3) REALLOCATION- The amount of any unit of local government’s allocation that is not available to such unit by operation of paragraph (2) shall be available to other units of local government that are not affected by such operation in accordance with this subsection.
‘(c) UNAVAILABILITY OF DATA FOR UNITS OF LOCAL GOVERNMENT- If the State has reason to believe that the reported rate of part 1 violent crimes or law enforcement expenditures for a unit of local government is insufficient or inaccurate, the State shall--
‘(1) investigate the methodology used by the unit to determine the accuracy of the submitted data; and
‘(2) if necessary, use the best available comparable data regarding the number of violent crimes or law enforcement expenditures for the relevant years for the unit of local government.
‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS THAN $5,000- If under this section a unit of local government is allocated less than $5,000 for a payment period, the amount allotted shall be expended by the State on services to units of local government whose allotment is less than such amount in a manner consistent with this part.
‘(e) DIRECT GRANTS TO SPECIALLY QUALIFIED UNITS-
‘(1) IN GENERAL- If a State does not qualify or apply for funds reserved for allocation under subsection (a) by the application deadline established by the Attorney General, the Attorney General shall reserve not more than 75 percent of the allocation that the State would have received under subsection (a) for such fiscal year to provide grants to specially qualified units which meet the requirements for funding under section 1802.
‘(2) AWARD BASIS- In addition to the qualification requirements for direct grants for specially qualified units the Attorney General may use the average amount allocated by the States to units of local government as a basis for awarding grants under this section.
‘SEC. 1804. REGULATIONS.
‘(a) IN GENERAL- The Attorney General shall issue regulations establishing procedures under which a State or unit of local government that receives funds under section 1803 is required to provide notice to the Attorney
General regarding the proposed use of funds made available under this part.
‘(b) ADVISORY BOARD- The regulations referred to in subsection (a) shall include a requirement that such eligible State or unit of local government establish and convene an advisory board to review the proposed uses of such funds. The board shall include representation from, if appropriate--
‘(1) the State or local police department;
‘(2) the local sheriff’s department;
‘(3) the State or local prosecutor’s office;
‘(4) the State or local juvenile court;
‘(5) the State or local probation officer;
‘(6) the State or local educational agency;
‘(7) a State or local social service agency; and
‘(8) a nonprofit, religious, or community group.
‘SEC. 1805. PAYMENT REQUIREMENTS.
‘(a) TIMING OF PAYMENTS- The Attorney General shall pay to each State or unit of local government that receives funds under section 1803 that has submitted an application under this part not later than--
‘(1) 90 days after the date that the amount is available, or
‘(2) the first day of the payment period if the State has provided the Attorney General with the assurances required by subsection (c),
whichever is later.
‘(b) REPAYMENT OF UNEXPENDED AMOUNTS-
‘(1) REPAYMENT REQUIRED- From amounts awarded under this part, a State or specially qualified unit shall repay to the Attorney General, or a unit of local government shall repay to the State by not later than 27 months after receipt of funds from the Attorney General, any amount that is not expended by the State within 2 years after receipt of such funds from the Attorney General.
‘(2) PENALTY FOR FAILURE TO REPAY- If the amount required to be repaid is not repaid, the Attorney General shall reduce payment in future payment periods accordingly.
‘(3) DEPOSIT OF AMOUNTS REPAID- Amounts received by the Attorney General as repayments under this subsection shall be deposited in a designated fund for future payments to States and specially qualified units.
‘(c) ADMINISTRATIVE COSTS- A State or unit of local government that receives funds under this part may use not more than 5 percent of such funds to pay for administrative costs.
‘(d) NONSUPPLANTING REQUIREMENT- Funds made available under this part to States and units of local government shall not be used to supplant State or local funds as the case may be, but shall be used to increase the amount of funds that would, in the absence of funds made available under this part, be made available from State or local sources, as the case may be.
‘(e) MATCHING FUNDS- The Federal share of a grant received under this part may not exceed 90 percent of the costs of a program or proposal funded under this part.
‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
‘Funds or a portion of funds allocated under this part may be utilized to contract with private, nonprofit entities, or community-based organizations to carry out the purposes specified under section 1801(a)(2).
‘SEC. 1807. ADMINISTRATIVE PROVISIONS.
‘(a) IN GENERAL- A State or specially qualified unit that receives funds under this part shall--
‘(1) establish a trust fund in which the government will deposit all payments received under this part;
‘(2) use amounts in the trust fund (including interest) during a period not to exceed 2 years from the date the first grant payment is made to the State or specially qualified unit;
‘(3) designate an official of the State or specially qualified unit to submit reports as the Attorney General reasonably requires, in addition to the annual reports required under this part; and
‘(4) spend the funds only for the purposes under section 1801(b).
‘(b) TITLE I PROVISIONS- Except as otherwise provided, the administrative provisions of part H shall apply to this part and for purposes of this section any reference in such provisions to title I shall be deemed to include a reference to this part.
‘SEC. 1808. DEFINITIONS.
‘For purposes of this part:
‘(1) The term ‘unit of local government’ means--
‘(A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of local government as determined by the Secretary of Commerce for general statistical purposes; and
‘(B) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers.
‘(2) The term ‘specially qualified unit’ means a unit of local government which may receive funds under this part only in accordance with section 1803(e).
‘(3) The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, except that American Samoa, Guam, and the Northern Mariana Islands shall be considered as 1 State and that, for purposes of section 1803(a), 33 percent of the amounts allocated shall be allocated to American Samoa, 50 percent to Guam, and 17 percent to the Northern Mariana Islands.
‘(4) The term ‘juvenile’ means an individual who is 17 years of age or younger.
‘(5) The term ‘law enforcement expenditures’ means the expenditures associated with prosecutorial, legal, and judicial services, and corrections as reported to the Bureau of the Census for the fiscal year preceding the fiscal year for which a determination is made under this part.
‘(6) The term ‘part 1 violent crimes’ means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.
‘SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.
‘(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this part--
‘(1) $500,000,000 for fiscal year 2000;
‘(2) $500,000,000 for fiscal year 2001; and
‘(3) $500,000,000 for fiscal year 2002.
‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINISTRATION- Not more than 3 percent of the amount authorized to be appropriated under subsection (a), with such amounts to remain available until expended, for each of the fiscal years 2000 through 2002 shall be available to the Attorney General for evaluation and research regarding the overall effectiveness and efficiency of the provisions of this part, assuring compliance with the provisions of this part, and for administrative costs to carry out the purposes of this part. The Attorney General shall establish and execute an oversight plan for monitoring the activities of grant recipients.
‘(c) FUNDING SOURCE- Appropriations for activities authorized in this part may be made from the Violent Crime Reduction Trust Fund.’.
(b) CLERICAL AMENDMENTS- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking the item relating to part R and inserting the following:
‘Part R--Juvenile Accountability Block Grants
‘Sec. 1801. Program authorized.
‘Sec. 1802. Grant eligibility.
‘Sec. 1803. Allocation and distribution of funds.
‘Sec. 1804. Regulations.
‘Sec. 1805. Payment requirements.
‘Sec. 1806. Utilization of private sector.
‘Sec. 1807. Administrative provisions.
‘Sec. 1808. Definitions.
‘Sec. 1809. Authorization of appropriations.’.