Juvenile Crime bill

TABLE OF CONTENTS:

Title I: Crime Control

Subtitle A: More Police Officers on the Beat

Subtitle B: Violent Offender Incarceration and Truth

in-Sentencing Grants

Subtitle C: Domestic Violence

Subtitle D: Assistance to Local Law Enforcement

Title II: Youth Violence Control

Subtitle A: Federal Juvenile Prosecutions

Subtitle B: Assistance to States for Prosecuting and

Punishing Youth Offenders

Subtitle C: Juvenile Gun Courts

Subtitle D: Gang Violence Reduction

Subtitle E: Rights of Victims in State Juvenile Courts

Title III: Prevention and Treatment of Youth Drug Abuse and

Addiction

Subtitle A: Protecting Youth From Dangerous Drugs

Subtitle B: Development of Medicines for the Treatment

of Drug Addiction

Subtitle C: Prevention and Treatment Programs

Subtitle D: National Drug Control Policy

Subtitle E: Penalty Enhancements

Title IV: Protecting Youth From Violent Crime

Subtitle A: Grants for Youth Organizations

Subtitle B: "Say No to Drugs" Community Centers Act of

1997

Subtitle C: Missing Children

Title V: Improving Youth Crime and Drug Prevention

Subtitle A: Comprehensive Study of Federal Prevention

Efforts

Subtitle B: Evaluation Mandate for Authorized Programs

Subtitle C: Elimination of Ineffective Programs

Title VI: Extension of Violent Crime Reduction Trust Fund

Youth Violence, Crime, and Drug Abuse Control Act of 1997 - Title I: Crime Control - Subtitle A: More Police Officers on the Beat - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) extend through FY 2002 the authorization of appropriations for public safety and community policing grants; and (2) limit to 20 percent of grant funds available in any fiscal year the amount authorized for grants for equipment, technology, and support systems.

(Sec. 103) Authorizes the Attorney General (AG) to make grants to States, local governmental units, Indian tribes, other public and private entities, and multijurisdictional or regional consortia to encourage the use of, and to implement, 311 (as opposed to 911) nonemergency telecommunication systems for public safety. Authorizes appropriations from the Violent Crime Reduction Trust Fund (Fund) through FY 2002.

Subtitle B: Violent Offender Incarceration and Truth-in- Sentencing Grants - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise the formula allocation between States and U.S. territories and possessions for technical assistance and training to entities receiving grants under either the Violent Offender Incarceration or Truth-in-Sentencing grant programs. Extends the authorization of appropriations under each such grant program through FY 2002.

Subtitle C: Domestic Violence - Extends through FY 2002: (1) grants to combat violent crimes against women; (2) education and prevention grants to reduce sexual assaults against women; (3) the grant for a national domestic violence hotline; (4) grants for battered women's shelters; and (5) programs for victims of child abuse.

Subtitle D: Assistance to Local Law Enforcement - Amends the Omnibus Crime Control and Safe Streets Act of 1968 and the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 the funding for: (1) law enforcement family support; (2) rural drug enforcement and training; (3) DNA identification grants; (4) Byrne grants (law enforcement training and education); (5) technical automation grants; and (6) grants for State court prosecutors. Requires no less than 20 percent of the funds made available during FY 2001 and 2002 for the latter grant program to be used to provide increased resources to State juvenile courts, including its prosecutors, public defenders, and other juvenile court system participants.

Title II: Youth Violence Control - Subtitle A: Federal Juvenile Prosecutions - Amends provisions concerning Federal juvenile prosecutions to require a predisposition report, which includes victim impact information, to be prepared by the probation officer and provided to the juvenile, his or her attorney, and the attorney for the government. Directs the juvenile court, after a dispositional hearing, to enter an order of restitution for the victim. Authorizes such court to suspend the findings of juvenile delinquency, place the juvenile on probation, commit the juvenile to official detention (including supervised release), and impose any fine that would be authorized if the juvenile had been tried and convicted as an adult. Provides the terms of probation, official detention, or supervised release for such juveniles. Excludes time spent in the custody of the AG for observation and study from time served for a juvenile offense. Authorizes the court, with respect to any juvenile prosecuted and convicted as an adult, to treat the conviction as an adjudication of delinquency and impose any disposition authorized for an adult offender. Requires: (1) a juvenile adjudicated for an act that, if committed by an adult, would be a felony to be fingerprinted and photographed; (2) such records to be sent to the Federal Bureau of Investigation (FBI); and (3) the court to transmit to the FBI information concerning the adjudication and sentence.

(Sec. 203) Directs a juvenile court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the offense, the facts and circumstances leading to the dismissal, and the impact of a reprosecution on the administration of justice.

Subtitle B: Assistance to States for Prosecuting and Punishing Youth Offenders - Authorizes the AG to make grants to assist States and local governments in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent juvenile offenders. Requires each facility or program funded under this subtitle to contain an evaluation component, developed under guidelines established by the AG, which includes outcome measures that may be used to determine the effectiveness of the funded programs. Requires periodic reviews and reports. Reserves a specified percentage of program funds for FY 1998 through 2002 for grants to Indian tribes for constructing correctional facilities and establishing correctional programs for the incarceration of tribal juvenile offenders.

Requires a report from the AG to the Congress regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs.

(Sec. 215) Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for: (1) providing juvenile courts with a range of sentencing options such that first time juvenile offenders face at least some level of punishment as a result of their initial contact with the juvenile justice system; and (2) increasing the sentencing options available to juvenile court judges so that juvenile offenders receive increasingly severe sanctions as the seriousness of their conduct increases and for each additional offense. Requires each applicant to submit a comprehensive implementation plan as part of such application. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of the total program costs. Requires reports and evaluations: (1) from grant recipients to the AG; and (2) from the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2001.

Subtitle C: Juvenile Gun Courts - Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for court-based juvenile justice programs that target juvenile firearm offenders through the establishment of juvenile gun courts. Requires each applicant to submit a comprehensive implementation plan. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of total program costs. Requires reports and evaluations as above. Authorizes appropriations from the Fund for FY 1998 through 2002.

Subtitle D: Gang Violence Reduction - Part 1: Enhanced Penalties for Gang-Related Activities - Sets forth criminal penalties for anyone who travels in interstate or foreign commerce to recruit, solicit, induce, command, or cause to create, or attempt to create, a franchise of a criminal street gang.

(Sec. 242) Includes franchising a criminal street gang as a "racketeering activity" for purposes of the Racketeer Influenced and Corrupt Organizations Act.

(Sec. 243) Directs the United States Sentencing Commission (USSC) to provide an appropriate enhancement with respect to any offense committed in connection with, or in furtherance of the activities of, a criminal street gang if the defendant is a member of the gang at the time of the offense.

(Sec. 244) Increases the penalties for using physical force to tamper with witnesses, victims, or informants.

(Sec. 245) Sets forth criminal penalties for using or carrying a firearm during and in close proximity to (currently, in relation to) any crime of violence or drug trafficking. Directs the USSC to provide an appropriate sentence enhancement with respect to a defendant who discharges a firearm during or in close proximity to a crime of violence or drug trafficking.

(Sec. 246) Increases the penalties for transferring a firearm to a minor for use in a crime.

(Sec. 247) Eliminates any statute of limitations with respect to any offense punishable by death or for a Class A felony involving murder.

(Sec. 248) Extends to ten years after the commission of the offense the statute of limitations with respect to a Class A felony that is a crime of violence or a drug trafficking crime.

Part 2: Gang Paraphernalia - Authorizes the appropriate court to enter an order authorizing the installation and use by law enforcement personnel of a pen register or a trap and trace device within the jurisdiction of the court, or of a clone pager whose service provider is within the court's jurisdiction, if the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Authorizes a Federal court to order a provider of a paging service or other person to furnish to appropriate law enforcement personnel all information, facilities, and technical assistance necessary to accomplish the operation and use of a clone pager unobtrusively and with a minimum of interference with normal service.

(Sec. 252) Directs the USSC to provide an appropriate sentencing enhancement for any offense in which the defendant: (1) used body armor; (2) possessed a firearm equipped with a laser sighting device; or (3) possessed a firearm while another defendant possessed a firearm so equipped.

Subtitle E: Rights of Victims in State Juvenile Courts - Directs the AG to establish guidelines for State programs to require: (1) prior to the disposition of adjudicated juvenile delinquents, that victims or their representatives are provided the opportunity to make a statement or present any relevant information; (2) that such victims be given notice of the disposition; and (3) that restitution to victims may be ordered as part of such a disposition. Requires State compliance with such requirements within three years, with an additional two-year extension authorized to be granted by the AG when a State is determined to be making a good faith effort to implement such requirements.

Title III: Prevention and Treatment of Youth Drug Abuse and Addiction - Subtitle A: Protecting Youth from Dangerous Drugs - Directs the AG to add ketamine hydrochloride to schedule III of the Controlled Substances Act.

Subtitle B: Development of Medicines for the Treatment of Drug Addiction - Part 1: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations from the Fund for FY 2001 and 2002 for the medication development program (a program providing research into medicines used to treat drug addiction).

Part 2: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to: (1) authorize the sponsor of a drug for the treatment of an addiction to illegal drugs to request the Secretary of Agriculture for written recommendations for the investigation necessary for the approval or licensing of such drug; (2) authorize such a sponsor to request the Secretary to designate such drug as a drug for the treatment of addiction to illegal drugs; (3) provide exclusive approval or licensing of such drug as an unpatented drug for such purpose; and (4) provide open protocols for the clinical investigation of such drugs.

Part 3: Encouraging Private Sector Development of Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to establish criteria for an acceptable drug for the treatment of an addiction to heroin and one for the treatment of an addiction to cocaine. Requires such criteria to be reviewed by specified congressional committees and published in the Federal Register.

Authorizes the patent owner of a drug used for either such treatment to submit to the Secretary an application: (1) to contract to sell to the Secretary such patent rights; or (2) to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of such drug. Provides for purchase amount limitations and the transfer of rights from the patent owner to the Secretary.

Requires the Secretary, within 90 days after purchasing patent rights or entering into such an agreement, to develop a plan for the manufacture and distribution of such drug.

Authorizes appropriations for FY 1998 through 2000.

Subtitle C: Prevention and Treatment Programs - Part 1: Comprehensive Drug Education - Amends the Elementary and Secondary Education Act to extend through FY 2002 the authorization of appropriations from the Fund for the safe and drug-free schools and communities program.

Part 2: Drug Courts - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2002 the authorization of appropriations for the drug courts program (a program providing continuing judicial supervision over non-violent offenders with substance abuse problems).

(Sec. 362) Authorizes the AG to make grants to States, State courts, local courts and governments, and Indian tribes to establish programs that: (1) involve continuous early judicial supervision over juvenile offenders, other than violent juvenile offenders, with substance abuse or related problems; and (2) integrate administration of other sanctions and services, including testing, treatment, and diversion, probation, or other forms of supervised release. Requires the AG to issue regulations to ensure that such programs do not permit participation by violent offenders. Prohibits the Federal share of such programs from exceeding 75 percent of total program costs, with an authorized limit waiver by the AG. Requires the AG to ensure an equitable geographic distribution of grant awards, with a required specified allocation to Indian tribes. Requires annual reports to the AG from grant recipients. Authorizes the AG to provide technical assistance and training in furtherance of program goals and to carry out program evaluations. Provides for the reallocation of unawarded grant funds. Authorizes appropriations from the Fund for FY 1998 through 2002.

Part 3: Drug Treatment - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment (Center) to award grants to, or enter into cooperative agreements with, public and nonprofit private entities to provide treatment to juveniles for substance abuse through programs in which the juveniles reside in facilities made available under the programs. Requires the inclusion by grant recipients of an individualized plan for the provision of services to the juvenile or young adult. Includes as eligible supplemental services under such programs hospital referrals, HIV and AIDS counseling, domestic violence and sexual abuse counseling, and preparation for reentry into society. Requires the appropriate State agency or Indian tribe to certify that the applicant has the capacity to carry out the program and meets certain other requirements. Outlines provisions with respect to: (1) applicants who are also Medicaid providers; (2) the provision of treatment for mental diseases; (3) matching fund requirements; (4) program outreach and accessibility; (5) continuing education for individuals providing such services; (6) the imposition of appropriate charges for such services; (7) applicant reports to the Center Director; and (8) required equitable geographic allocation of grant awards. Limits to five years the period during which payments may be made to any entity under a program. Requires annual Director approval of program payments. Requires the Director to conduct program evaluations and disseminate findings. Requires an initial and periodic reports from the Director to specified congressional committees describing the programs carried out under this Part. Authorizes appropriations for FY 1998 through 2002, including an authorization of appropriations from the Fund for the last two fiscal years.

Requires the Secretary of Health and Human Services to make grants to established projects for the outpatient treatment of substance abuse among juveniles. Requires entities receiving such grants to engage in activities to prevent such abuse. Requires such Secretary to evaluate the projects and disseminate evaluation results.

Subtitle D: National Drug Control Policy - Amends the National Narcotics Leadership Act of 1988 to extend through FY 2002 the authority for the Office of National Drug Control Policy (Office), as well as the authorization of appropriations for the Office.

(Sec. 382) Requires the Office Director to conduct a study on the effect of the 1996 voter referenda in California and Arizona concerning the medicinal use of marijuana and other controlled substances on the general use of such substances in those States. Requires a Director report to specified congressional committees. Authorizes appropriations for FY 1998 and 1999.

Subtitle E: Penalty Enhancements - Amends the Controlled Substances Act to increase the penalties for using Federal property to grow or manufacture controlled substances. Directs the USSC to provide an appropriate sentencing enhancement to ensure that such violations are punished substantially more severely than violations that do not occur on Federal property.

Title IV: Protecting Youth from Violent Crime - Subtitle A: Grants for Youth Organizations - Authorizes the AG to make grants to States, Indian tribes and national nonprofit organizations in crime-prone areas (such as Boys and Girls Clubs and the 4-H) to: (1) provide constructive activities to youth during nonschool hours to prevent their criminal victimization; (2) provide supervised activities in safe environments to youth in crime-prone areas; (3) provide antidrug education to prevent youth drug abuse; (4) support police officer training and salaries and educational materials; or (5) provide constructive activities to youth in a safe environment through the use of parks and other public recreation areas. Requires annual reports from: (1) grant recipients to the AG; and (2) the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2002.

Subtitle B: "Say No to Drugs" Community Centers Act of 1997 - Say No to Drugs Community Centers Act of 1997 - Authorizes the AG to make grants to certain AG-approved recipients to provide the following services to youth during after-school hours or summer vacations: (1) rigorous drug prevention education; (2) drug counseling and treatment; (3) academic tutoring and mentoring; (4) activities promoting interaction between youth and law enforcement officials; (5) vaccinations and other preventive health care; (6) sexual abstinence education; and (7) other activities and instruction to reduce youth violence and substance abuse. Specifies the Federal and non-Federal share of costs under the grant program, as well as grant allocation and reallocation requirements. Authorizes appropriations for FY 2001 and 2002 from the Fund.

Subtitle C: Missing Children - Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to contract with the National Center for Missing and Exploited Children in order to provide a national 24-hour toll-free hotline and national resource center for use by missing children. (Currently, the hotline and resource center are required to be established and operated by such Administrator.)

Title V: Improving Youth Crime and Drug Prevention - Subtitle A: Comprehensive Study of Federal Prevention Efforts - Directs the AG to enter into a contract with the National Academy of Science or, if the Academy declines, another public or nonprofit private entity to conduct a study to evaluate the effectiveness of federally funded programs for preventing youth violence, youth substance abuse, and the criminal victimization of juveniles. Outlines reporting requirements. Authorizes appropriations.

Subtitle B: Evaluation Mandate for Authorized Programs - Directs the AG to provide for the comprehensive and thorough evaluation of the effectiveness of each program under titles II through IV of this Act, using independent evaluation and research criteria. Authorizes the AG to require grant recipients to comply with any information requirements under the mandate. Reserves a specified amount of the funds authorized for such programs to carry out the required evaluation and research.

Subtitle C: Elimination of Ineffective Programs - Expresses the sense of the Senate that programs found ineffective under the study required under Subtitle A, above, in addressing juvenile crime and substance abuse should not receive Federal funding in any fiscal year following the issuance of such study.

Title VI: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 and the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2002 the authorization of appropriations for the Fund. Reduces by specified amounts in FY 2001 and 2002 the discretionary spending limits set forth under the Congressional Budget Act of 1974.