To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize appropriations for fiscal years 1998, 1999, 2000, and 2001, and for other purposes.
TABLE OF CONTENTS:
Title I: Amendments to Juvenile Justice and Delinquency
Prevention Act of 1974
Title II: Amendments to the Runaway and Homeless Youth Act
Title III: Repeal of Title V Relating to Incentive Grants
for Local Delinquency Prevention Programs
Title IV: General Provisions
Title V: Miscellaneous Amendments
Juvenile Crime Control and Delinquency Prevention Act of 1997 - Title I: Amendments to Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) include a finding that weapons offenses and homicides are two of the fastest growing violent crimes committed by juveniles; (2) include as a purpose to support State and local programs that prevent juvenile involvement in delinquent behavior; and (3) define "violent crime" as murder or non-negligent manslaughter, forcible rape, or robbery, or aggravated assault committed with the use of a firearm.
(Sec. 104) Redesignates the Office of Juvenile Justice and Delinquency Prevention as the Office of Juvenile Crime Control and Delinquency Prevention.
(Sec. 105) Modifies provisions of the Act regarding: (1) concentration of Federal effort to repeal the requirements that the Administrator of the Office develop for each fiscal year a comprehensive plan of activities and that each Federal agency administering a Federal juvenile delinquency program submit annually a juvenile delinquency development statement; and (2) an annual report to require that such report include an evaluation of programs funded and their effectiveness in reducing the incidence of juvenile delinquency, particularly violent crime committed by juveniles.
(Sec. 106) Eliminates: (1) the Coordinating Council on Juvenile Justice and Delinquency Prevention; and (2) certain allocations of funds to the Trust Territory of the Pacific Islands.
(Sec. 109) Modifies Act requirements regarding State plans. Provides that the advisory group shall consist of the State attorney general or such other State official who has primary responsibility for overseeing the enforcement of State criminal laws. Requires State plans to: (1) contain plans for providing needed services for the prevention and treatment of juvenile delinquency in rural areas, mental health services to juveniles in the juvenile justice system, and gender-specific services for the prevention and treatment of juvenile delinquency; and (2) provide for the coordination and maximum utilization of existing juvenile delinquency programs, programs operated by private agencies, and other related programs in the State.
Requires such plans to provide that not less than 75 percent of the funds available to the State be used for specified purposes, including: (1) programs that assist in holding juveniles accountable for their actions; (2) expanded use of probation officers; (3) boot camps for juvenile offenders; (4) other activities (such as court-appointed special advocates) that the State determines will hold juveniles accountable for their acts and decrease juvenile involvement in delinquent activities; (5) establishing policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing treatment plans for juvenile offenders; (6) a system of records equivalent to the records that would be kept for adults relating to any adjudication of juveniles under 18 years of age as delinquent for conduct that would constitute a violent crime if committed by an adult; (7) programs that utilize multidisciplinary interagency case management and information sharing that enable the juvenile justice and law enforcement agencies, schools, and social service agencies to make more informed decisions regarding early identification, control, supervision, and treatment of juveniles who repeatedly commit violent or serious delinquent acts; and (8) programs designed to prevent and reduce hate crimes committed by juveniles. Revises State plan requirements regarding limits on the placement of juveniles in secure detention or correctional facilities, juvenile contact with adults incarcerated or awaiting trial on criminal charges, and juvenile detention or confinement in adult jails and lockups. Permits the temporary detention of juveniles accused of nonstatus offenses in adult prisons where specified requirements are met, including that: (1) a parent or other legal guardian consents to such detention but has the right to revoke such consent at any time; (2) the juvenile has counsel and the counsel has an opportunity to present the juvenile's position regarding the detention or confinement involved to the court before the court approves; and (3) the detention of such juvenile is approved in advance by a court with competent jurisdiction as being in the best interest of the juvenile and is for a period preceding sentencing.
Modifies State plan requirements to: (1) allow juveniles to be housed in adult facilities for up to 48 (currently, 24) hours before their initial court appearance; and (2) require States to implement systems to ensure that public child welfare records relating to a juvenile before a court in the juvenile justice system that are on file in the geographical area under the court's jurisdiction will be made known to such court.
(Sec. 110) Revises the Juvenile Delinquency Prevention Block Grant Program by: (1) repealing provisions governing grants for the National Institute for Juvenile Justice and Delinquency Prevention, gang-free schools and communities, State challenge activities, treatment for juvenile offenders who are victims of child abuse or neglect, mentoring, boot camps, and the White House Conference on Juvenile Justice; and (2) authorizing the Administrator to make grants under the Juvenile Delinquency Block Grant Program to eligible States for the purpose of providing financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency. Includes among such projects: (1) projects that assist in holding juveniles accountable for their actions; (2) projects that provide treatment to juvenile offenders who are victims of child abuse or neglect; (3) education projects or supportive services for delinquent or other juveniles; (4) projects which expand the use of probation officers; (5) one-on-one mentoring projects; (6) community-based projects which work with juvenile offenders and their family members; (7) substance abuse programs; (8) postsecondary education and training projects; (9) projects designed to prevent or reduce gang participation; (10) employment and job training referral projects; (11) delinquency prevention activities; and (12) family strengthening activities. Directs that funding be allocated among eligible States as follows: (1) 50 percent based on each State's relative population under 18 years of age; and (2) 50 percent based on each State's three year annual average number of arrests of juveniles for serious crimes. Prohibits the Administrator from approving a grant application for a fiscal year unless: (1) the State submitted a plan, which is approved by the Administrator, for such fiscal year; or (2) the Administrator waives this requirement to such State for such fiscal year after finding good cause.
Includes among the eligible entities for which a State receiving a grant shall give special consideration for a local grant those entities that represent communities that have a comprehensive plan designed to identify at-risk juveniles and to prevent or reduce juvenile delinquency and that meet other specified requirements.
(Sec. 111) Authorizes the Administrator to undertake specified activities regarding research, evaluation, technical assistance, and training, including making agreements with: (1) the National Institute of Justice or another Federal agency to conduct research and evaluation relating to juvenile delinquency; and (2) the Bureau of Justice Statistics or another Federal agency to undertake statistical work in juvenile justice matters.
Permits Federal agencies to carry out such agreements directly or by making grants to or contracts with public and private agencies, institutions, and organizations.
(Sec. 112) Authorizes the Administrator to make grants to and contracts with States, local governmental units, Indian tribal governments, public and private agencies, organizations, and individuals to carry out projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. Authorizes technical assistance for such grants. Sets forth provisions regarding eligibility and reports.
(Sec. 113) Authorizes appropriations for specified programs under such Act for FY 1998 through 2001.
(Sec. 115) Amends the Act to prohibit the use of funds for: (1) the cost of facility construction, except that up to 15 percent of funds from a State's allocation may be used for replacement or renovation of juvenile facilities; or (2) advocacy or support for the unsecured release of juveniles charged with violent crime.
(Sec. 118) Authorizes the Administrator to: (1) receive surplus Federal property and lease such property to States and units of local government for use in or as facilities for juveniles offenders, or for use in or as facilities for delinquency prevention and treatment activities; and (2) issue rules that establish procedures and methods for making grants and contracts, and distributing funds available, to carry out the Act.
Title II: Amendments to the Runaway and Homeless Youth Act - Amends the Runaway and Homeless Youth Act to: (1) include findings that it is the responsibility of the Federal Government to develop an accurate national reporting system on runaway and homeless youth and that services for such youth are needed in urban, suburban, and rural areas; (2) authorize the Secretary of Health and Human Services to make grants to public and nonprofit private entities to establish and operate local centers to provide services for such youth and their families; (3) require a grant applicant, to be eligible for assistance, to include assurances that the applicant shall submit an annual report that includes statistical summaries describing the number and the characteristics of such youth and youth at risk of family separation who participated in the project and the services provided to such youth by the project; and (4) modify the services that applicants must plan to provide in order to use grant money for street-based, home-based, and drug abuse education and prevention services.
(Sec. 204) Revises Act provisions regarding: (1) approval of applications to direct the Secretary to consider the geographical distribution in the State of the proposed services and which areas of the State have the greatest need for such services, and to give priority to eligible applicants who have demonstrated experience in providing services to runaway and homeless youth and who request grants of less than $200,000; (2) authority for the transitional living grant program to repeal definitions of "homeless youth" and "transitional living youth project"; (3) eligibility for assistance by stating that the annual report submitted by grant applicants to the Secretary must include statistical summaries describing the number and characteristics of the services provided to the homeless youth; and (4) authority to make grants for research, demonstration, and service projects to repeal references to home-based and street based services from the research and demonstration projects.
(Sec. 208) Repeals provisions of the Act: (1) regarding temporary demonstration projects to provide services to youth in rural areas; (2) directing that assistance to potential grantees include information on the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved; and (3) barring the disclosure and transfer of records containing the identity of individual youths. Directs the Secretary to evaluate on-site a grantee that receives grants for three consecutive fiscal years.
(Sec. 209) Modifies provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding education and prevention grants to reduce sexual abuse of runaway, homeless, and street youth to authorize the Secretary to make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless youth and street youth who have been subjected to, or are at risk of, sexual abuse. Extends the authorization of appropriations through FY 2001.
(Sec. 211) Amends the Runaway and Homeless Youth Act to require the Secretary, by April 1, 1999, and at two-year intervals thereafter, to submit to specified congressional committees a report on the status, activities, and accomplishments of entities that receive grants under the Act. Lists information that must be included in the report. Requires the Secretary to include summaries of the Secretary's evaluations of grantees and descriptions of the qualifications and training of the individuals administering the evaluations.
(Sec. 213) Authorizes appropriations under such Act for FY 1998 through 2001. Sets forth the division of appropriations among the programs.
(Sec. 214) Grants the Secretary authority to implement a single consolidated application review process.
Title III: Repeal of Title V Relating to Incentive Grants for Local Delinquency Prevention Programs - Repeals Title V of the Juvenile Justice and Delinquency Prevention Act of 1974 regarding incentive grants for local delinquency prevention programs.
Title IV: General Provisions - Makes this Act effective on the date of its enactment. Specifies that amendments made by this Act shall apply only to fiscal years beginning after September 30, 1997.
Title V: Miscellaneous Amendments - Authorizes appropriations to the National Center for Missing and Exploited Children for FY 1998 through 2001 to operate a national resource center and clearinghouse designed to: (1) provide to State and local governments, public and private nonprofit agencies, and individuals information regarding services for the benefit of, and Federal programs available to assist, missing children and their families; (2) coordinate public and private programs which locate, recover, or reunite missing children with their legal custodians; (3) disseminate nationally information about innovative and model missing children's programs, services, and legislation; and (4) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of missing and exploited child cases and in locating and recovering missing children.
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Youth and Families.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 105-155.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 105-155.
Placed on the Union Calendar, Calendar No. 92.
Mr. Riggs moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H5195-5213)
DEBATE - The House proceeded with forty minutes of debate.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5245-5246)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 413 - 14 (Roll no. 267).
Roll Call #267 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 413 - 14 (Roll no. 267).
Roll Call #267 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Judiciary.