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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 72. JUVENILE JUSTICE AND DELINQUENCY PREVENTION |
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SubChapter II. PROGRAMS AND OFFICES |
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Part B. Federal Assistance for State and Local Programs |
§ 5633. State plans
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(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, projects, and activities. 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 that— (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, the administration of juvenile justice, or the reduction of juvenile delinquency; (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; and (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 (11), (12), and (13); 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; of this title, determines does not meet the requirements of this section, the Administrator shall endeavor to make that State’s allocation under the provisions of section 5632(a) of this title, excluding funds the Administrator shall make available to satisfy the requirement specified in section 5632(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 paragraphs (11), (12), (13), and (22) of subsection (a) 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 paragraphs (11), (12), (13), and (22) of subsection (a) of this section. (e) Administrative and supervisory board membership requirements Notwithstanding any other provision of law, the Administrator shall establish appropriate administrative and supervisory board membership requirements for a State agency designated under subsection (a)(1) of this section and permit the State advisory group appointed under subsection (a)(3) of this section to operate as the supervisory board for such agency, at the discretion of the chief executive officer of the State.
(f) Technical assistance (1) In general The Administrator shall provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3) of this section to assist such organization to carry out the functions specified in paragraph (2).
(2) Assistance 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; (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.
References In Text
This chapter, referred to in subsec. (a)(18), was in the original “this Act”, meaning Pub. L. 93–415,
Section 3785 of this title, referred to in subsec. (d), was repealed by Pub. L. 109–162, title XI, § 1155(3),
Amendments
2006—Subsec. (a)(7)(B)(i) to (iv). Pub. L. 109–162 added cl. (i) and redesignated former cls. (i) to (iii) as (ii) to (iv), respectively.
2002—Subsec. (a). Pub. L. 107–273, § 12209(1)(A), substituted “, projects, and activities” for “and challenge activities subsequent to State participation in part E of this subchapter” in second sentence of introductory provisions.
Subsec. (a)(3). Pub. L. 107–273, § 12209(1)(B)(i), substituted “that—” for “, which—” in introductory provisions.
Subsec. (a)(3)(A)(i). Pub. L. 107–273, § 12209(1)(B)(ii), substituted “, the administration of juvenile justice, or the reduction of juvenile delinquency” for “or the administration of juvenile justice”.
Subsec. (a)(3)(D)(i). Pub. L. 107–273, § 12209(1)(B)(iii)(I), inserted “and” at end.
Subsec. (a)(3)(D)(ii). Pub. L. 107–273, § 12209(1)(B)(iii)(II), substituted “paragraphs (11), (12), and (13)” for “paragraphs (12), (13), and (14) and with progress relating to challenge activities carried out pursuant to part E of this subchapter”.
Subsec. (a)(5). Pub. L. 107–273, § 12209(1)(C)(i), substituted “reduced by the percentage (if any) specified by the State under the authority of paragraph (25) and excluding” for “, other than” in introductory provisions.
Subsec. (a)(5)(C). Pub. L. 107–273, § 12209(1)(C)(ii), substituted “paragraphs (11), (12), and (13)” for “paragraphs (12)(A), (13), and (14)”.
Subsec. (a)(6). Pub. L. 107–273, § 12209(1)(D), (S), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: “provide that the chief executive officer of the unit of 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;”.
Subsec. (a)(7). Pub. L. 107–273, § 12209(1)(S), redesignated par. (8) as (7). Former par. (7) redesignated (6).
Pub. L. 107–273, § 12209(1)(E), inserted “, including in rural areas” before semicolon at end.
Subsec. (a)(8). Pub. L. 107–273, § 12209(1)(S), redesignated par. (9) as (8). Former par. (8) redesignated (7).
Subsec. (a)(8)(A). Pub. L. 107–273, § 12209(1)(F)(i), substituted “for an analysis of juvenile delinquency problems in, and the juvenile delinquency control and delinquency prevention needs (including educational needs) of, the State” for “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” and “of the State; and” for “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;”.
Subsec. (a)(8)(B). Pub. L. 107–273, § 12209(1)(F)(ii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “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;”.
Subsec. (a)(8)(C), (D). Pub. L. 107–273, § 12209(1)(F)(iii), struck out subpars. (C) and (D) which read as follows:
“(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;”.
Subsec. (a)(9). Pub. L. 107–273, § 12209(1)(S), redesignated par. (10) as (9). Former par. (9) redesignated (8).
Pub. L. 107–273, § 12209(1)(G), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “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;”.
Subsec. (a)(10). Pub. L. 107–273, § 12209(1)(S), redesignated par. (11) as (10). Former par. (10) redesignated (9).
Subsec. (a)(10)(A). Pub. L. 107–273, § 12209(1)(H)(i), substituted “including” for “, specifically” in introductory provisions, redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: “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;”.
Subsec. (a)(10)(D). Pub. L. 107–273, § 12209(1)(H)(ii), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “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;”.
Subsec. (a)(10)(E). Pub. L. 107–273, § 12209(1)(H)(iii), substituted “juveniles—” for “juveniles, provided equitably regardless of sex, race, or family income, designed to—” in introductory provisions, added cls. (i) and (ii), redesignated former cl. (ii) as (iii), and struck out former cl. (i) which read as follows: “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”.
Subsec. (a)(10)(F). Pub. L. 107–273, § 12209(1)(H)(iv), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “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;”.
Subsec. (a)(10)(G). Pub. L. 107–273, § 12209(1)(H)(v), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “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;”.
Subsec. (a)(10)(H). Pub. L. 107–273, § 12209(1)(H)(vii), substituted “juveniles with disabilities” for “handicapped youth”.
Subsec. (a)(10)(K). Pub. L. 107–273, § 12209(1)(H)(viii), (xiii), redesignated subpar. (L) as (K) and struck out former subpar. (K) which read as follows: “law-related education programs (and projects) for delinquent and at-risk youth designed to prevent juvenile delinquency;”.
Subsec. (a)(10)(L). Pub. L. 107–273, § 12209(1)(H)(xiii), redesignated subpar. (M) as (L). Former subpar. (L) redesignated (K).
Subsec. (a)(10)(L)(vi). Pub. L. 107–273, § 12209(1)(H)(ix), struck out cl. (vi) which read as follows: “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;”.
Subsec. (a)(10)(M). Pub. L. 107–273, § 12209(1)(H)(xiii), redesignated subpar. (N) as (M). Former subpar. (M) redesignated (L).
Subsec. (a)(10)(M)(i). Pub. L. 107–273, § 12209(1)(H)(x), struck out “boot camps” after “electronic monitoring,”.
Subsec. (a)(10)(N). Pub. L. 107–273, § 12209(1)(H)(xiii), redesignated subpar. (O) as (N). Former subpar. (N) redesignated (M).
Pub. L. 107–273, § 12209(1)(H)(xi), amended subpar. (N) generally. Prior to amendment, subpar. (N) read as follows: “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”.
Subsec. (a)(10)(O). Pub. L. 107–273, § 12209(1)(H)(xiv), added subpar. (O). Former subpar. (O) redesignated (N).
Pub. L. 107–273, § 12209(1)(H)(xii), substituted “other barriers” for “cultural barriers” and semicolon for period at end.
Subsec. (a)(10)(P) to (S). Pub. L. 107–273, § 12209(1)(H)(xiv), added subpars. (P) to (S).
Subsec. (a)(11). Pub. L. 107–273, § 12209(1)(S), redesignated par. (12) as (11). Former par. (11) redesignated (10).
Subsec. (a)(12). Pub. L. 107–273, § 12209(1)(S), redesignated par. (13) as (12). Former par. (12) redesignated (11).
Pub. L. 107–273, § 12209(1)(I), amended par. (12) generally. Prior to amendment, par. (12) read as follows:
“(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;”.
Subsec. (a)(13). Pub. L. 107–273, § 12209(1)(S), redesignated par. (14) as (13). Former par. (13) redesignated (12).
Pub. L. 107–273, § 12209(1)(J), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “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;”.
Subsec. (a)(14). Pub. L. 107–273, § 12209(1)(S), redesignated par. (15) as (14). Former par. (14) redesignated (13).
Pub. L. 107–273, § 12209(1)(K), amended par. (14) generally. Prior to amendment, par. (14) read as follows: “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 nonstatus offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within twenty-four hours (except in the case of Alaska where such time limit may be forty-eight hours in fiscal years 2000 through 2002) 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;”.
Subsec. (a)(15). Pub. L. 107–273, § 12209(1)(S), redesignated par. (16) as (15). Former par. (15) redesignated (14).
Pub. L. 107–273, § 12209(1)(L), substituted “paragraphs (11), (12), and (13)” for “paragraph (12)(A), paragraph (13), and paragraph (14)” and “paragraphs (11) and (12)” for “paragraph (12)(A) and paragraph (13)”.
Subsec. (a)(16). Pub. L. 107–273, § 12209(1)(S), redesignated par. (17) as (16). Former par. (16) redesignated (15).
Pub. L. 107–273, § 12209(1)(M), substituted “disability” for “mentally, emotionally, or physically handicapping conditions”.
Subsec. (a)(17), (18). Pub. L. 107–273, § 12209(1)(S), redesignated pars. (18) and (19) as (17) and (18), respectively. Former par. (17) redesignated (16).
Subsec. (a)(19). Pub. L. 107–273, § 12209(1)(S), redesignated par. (20) as (19). Former par. (19) redesignated (18).
Pub. L. 107–273, § 12209(1)(N), amended par. (19) generally. Prior to amendment, par. (19) read as follows: “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;”.
Subsec. (a)(20), (21). Pub. L. 107–273, § 12209(1)(S), redesignated pars. (21) and (22) as (20) and (21), respectively. Former par. (20) redesignated (19).
Subsec. (a)(22). Pub. L. 107–273, § 12209(1)(S), redesignated par. (23) as (22). Former par. (22) redesignated (21).
Pub. L. 107–273, § 12209(1)(O), amended par. (22) generally. Prior to amendment, par. (22) read as follows: “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;”.
Subsec. (a)(23). Pub. L. 107–273, § 12209(1)(S), redesignated par. (24) as (23). Former par. (23) redesignated (22).
Pub. L. 107–273, § 12209(1)(P), amended par. (23) generally. Prior to amendment, par. (23) read as follows: “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;”.
Subsec. (a)(24). Pub. L. 107–273, § 12209(1)(S), redesignated par. (25) as (24). Former par. (24) redesignated (23).
Pub. L. 107–273, § 12209(1)(Q), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “contain such other terms and conditions as the Administrator may reasonably prescribe to assure the effectiveness of the programs assisted under this subchapter; and”.
Subsec. (a)(25). Pub. L. 107–273, § 12209(1)(T), added par. (25).
Pub. L. 107–273, § 12209(1)(S), redesignated par. (25) as (24).
Pub. L. 107–273, § 12209(1)(R), substituted “fiscal year 2000” for “fiscal year 1992” and a semicolon for period at end.
Subsec. (a)(26) to (28). Pub. L. 107–273, § 12209(1)(T), added pars. (26) to (28).
Subsec. (c). Pub. L. 107–273, § 12209(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
“(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) requirement within the 3-year time limitation shall terminate any State’s eligibility for funding under this part for a fiscal year beginning before
“(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
“(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.”
Subsec. (d). Pub. L. 107–273, § 12209(3), substituted “allocation” for “allotment” and substituted “paragraphs (11), (12), (13), and (22) of subsection (a)” for “subsection (a)(12)(A), (13), (14) and (23)” in two places.
Subsecs. (e), (f). Pub. L. 107–273, § 12209(4), added subsecs. (e) and (f).
2000—Subsec. (a)(14). Pub. L. 106–554 inserted “(except in the case of Alaska where such time limit may be forty-eight hours in fiscal years 2000 through 2002)” after “twenty-four hours” in introductory provisions.
1998—Subsec. (a)(4). Pub. L. 105–277, § 101(b) [title I, § 129(a)(2)(C)(i)], substituted “units of local government” for “units of general local government” after “participation of” and “units of local government” for “local governments” after “requests of”.
Subsec. (a)(5). Pub. L. 105–277, § 101(b) [title I, § 129(a)(2)(C)(ii)], substituted “units of local government” for “units of general local government” in subpar. (A) and “unit of local government” for “unit of general local government” in subpar. (B).
Subsec. (a)(6). Pub. L. 105–277, § 101(b) [title I, § 129(a)(2)(C)(iii)], substituted “unit of local government” for “unit of general local government”.
Subsec. (a)(10). Pub. L. 105–277, § 101(b) [title I, § 129(a)(2)(C)(iv)], substituted “unit of local government” for “unit of general local government” in introductory provisions.
1996—Subsec. (a)(12)(A). Pub. L. 104–294 substituted “similar State law)” for “similar State law).”
1994—Subsec. (a)(12)(A). Pub. L. 103–322 substituted “(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).” for “which do not constitute violations of valid court orders”.
1992—Subsec. (a). Pub. L. 102–586, § 2(f)(3)(A)(i)(I), substituted “programs and challenge activities subsequent to State participation in part E of this subchapter. The State” for “programs, and the State” in introductory provisions.
Subsec. (a)(1). Pub. L. 102–586, § 2(f)(3)(A)(i)(II), made technical amendment to reference to section 5671 of this title to reflect renumbering of corresponding section of original act.
Subsec. (a)(3). Pub. L. 102–586, § 2(f)(3)(A)(i)(III), amended par. (3) generally, revising and restating as subpars. (A) to (E) provisions formerly appearing in text containing unindented subpars. (A) to (F).
Subsec. (a)(8). Pub. L. 102–586, § 2(f)(3)(A)(i)(IV), designated existing provisions as subpar. (A), redesignated former cls. (A) to (C) as (i) to (iii), respectively, inserted “(including educational needs)” after “delinquency prevention needs” in two places in cl. (i), and added subpars. (B) to (D).
Subsec. (a)(9). Pub. L. 102–586, § 2(f)(3)(A)(i)(V), inserted “recreation,” after “special education,”.
Subsec. (a)(10). Pub. L. 102–586, § 2(f)(3)(A)(i)(VI), amended par. (10) generally, revising and restating as introductory provisions and subpars. (A) to (O) provisions of former introductory provisions and subpars. (A) to (L).
Subsec. (a)(12)(A). Pub. L. 102–586, § 2(f)(3)(A)(i)(VII), inserted “or alien juveniles in custody,” after “court orders,”.
Subsec. (a)(13). Pub. L. 102–586, § 2(f)(3)(A)(i)(VIII), struck out “regular” before “contact with” and inserted “or with the part-time or full-time security staff (including management) or direct-care staff of a jail or lockup for adults”.
Subsec. (a)(14). Pub. L. 102–586, § 2(f)(3)(A)(i)(IX)(bb), (cc), in introductory provisions substituted “1997” for “1993” and “areas that are in compliance with paragraph (13) and” for “areas which”, added subpars. (A) to (C), and struck out former subpars. (A) to (C) which read as follows:
“(A) are outside a Standard Metropolitan Statistical Area,
“(B) have no existing acceptable alternative placement available, and
“(C) are in compliance with the provisions of paragraph (13);”.
Pub. L. 102–586, § 2(f)(3)(A)(i)(IX)(aa), which directed the amendment of par. (14) by striking out “; beginning after the five-year period following
Subsec. (a)(16). Pub. L. 102–586, § 2(f)(3)(A)(i)(X), amended par. (16) generally. Prior to amendment, par. (16) read as follows: “provide assurance that assistance will be available on an equitable basis to deal with disadvantaged youth including, but not limited to, females, minority youth, and mentally retarded and emotionally or physically handicapped youth;”.
Subsec. (a)(17). Pub. L. 102–586, § 2(f)(3)(A)(i)(XI), substituted “the families” for “and maintain the family units” and “delinquency (which” for “delinquency. Such” and inserted before semicolon “and the provision of family counseling during the incarceration of juvenile family members and coordination of family services when appropriate and feasible)”.
Subsec. (a)(25). Pub. L. 102–586, § 2(f)(3)(A)(i)(XII)–(XIV), added par. (25).
Subsec. (c). Pub. L. 102–586, § 2(f)(3)(A)(ii), amended subsec. (c) generally, revising and restating as pars. (1) to (3) provisions of former pars. (1) to (4).
Subsec. (d). Pub. L. 102–586, § 2(f)(3)(A)(iii), inserted “, excluding funds the Administrator shall make available to satisfy the requirement specified in section 5632(d) of this title,” and substituted “activities of the kinds described in subsection (a)(12)(A), (13), (14) and (23) of this section” for “the purposes of subsection (a)(12)(A) of this section, subsection (a)(13) of this section, or subsection (a)(14) of this section” and “subsection (a)(12)(A), (13), (14) and (23) of this section” for “subsection (a)(12)(A) of this section and subsection (a)(13) of this section”.
1988—Subsec. (a)(1). Pub. L. 100–690, § 6263(b)(1), made technical amendment to reference to section 5671 of this title to reflect renumbering of corresponding section of original act.
Subsec. (a)(5). Pub. L. 100–690, § 7258(a)(1), substituted in introductory provisions “shall be expended” for “shall be expended through”, in subpar. (A) substituted “through programs” for “programs” and struck out “and” at end, in subpar. (B) substituted “through programs” for “programs” and inserted “and” after semicolon, and added subpar. (C).
Subsec. (a)(8)(A). Pub. L. 100–690, § 7258(a)(2), substituted “relevant jurisdiction (including any geographical area in which an Indian tribe performs law enforcement functions)” for “relevant jurisdiction” and “juvenile crime problems (including the joining of gangs that commit crimes)” for “juvenile crime problems” in two places.
Subsec. (a)(14). Pub. L. 100–690, § 7258(b), substituted “1993” for “1989”, substituted a semicolon for the period at end of subpar. (iii), and redesignated subpars. (i) to (iii) as subpars. (A) to (C), respectively.
Subsec. (a)(23), (24). Pub. L. 100–690, § 7258(c), added par. (23) and redesignated former par. (23) as (24).
Subsec. (c)(1). Pub. L. 100–690, § 7258(d)(1)–(3), designated existing provisions as par. (1), substituted “part” for “subpart”, and struck out last sentence which read as follows: “Failure to achieve compliance with the requirements of subsection (a)(14) of this section, within the 5-year time limitation shall terminate any State’s eligibility for funding under this subpart, unless the Administrator determines that (1) the State is in substantial compliance with such requirements through the achievement of not less than 75 percent removal of juveniles from jails and lockups for adults; and (2) the State has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time, not to exceed 3 additional years.”
Subsec. (c)(2) to (4). Pub. L. 100–690, § 7258(d)(4), added pars. (2) to (4).
1984—Subsec. (a). Pub. L. 98–473, § 626(a)(9), (10), struck out provision after numbered paragraphs which read as follows: “such plan may at the discretion of the Associate Administrator be incorporated into the plan specified in section 3743 of this title. Such plan shall be modified by the State, as soon as practicable after
Subsec. (a)(1). Pub. L. 98–473, § 626(a)(1), substituted “agency described in section 5671(c)(1) of this title” for “criminal justice council established by the State under section 3742(b)(1) of this title”.
Subsec. (a)(2). Pub. L. 98–473, § 626(a)(2), struck out “(hereafter referred to in this part as the ‘State criminal justice council’)” before “has or will have authority”.
Subsec. (a)(3)(C). Pub. L. 98–473, § 626(a)(3)(A), in amending subpar. (C) generally, designated provisions following “representatives of private organizations” as cl. (i) and inserted “, including those with a special focus on maintaining and strengthening the family unit”, designated provisions following “which utilize” as cl. (ii) and inserted “representatives of organizations which”, added cl. (iii), designated provisions following “business groups” as cl. (iv), designated the remainder of subpar. (C) as cl. (v) and substituted “family, school violence and vandalism, and learning disabilities,” for “school violence and vandalism and the problem of learning disabilities; and organizations which represent employees affected by this chapter,”.
Subsec. (a)(3)(F). Pub. L. 98–473, § 626(a)(3)(B)(i), substituted “agency designated under paragraph (1)” for “criminal justice council” in three places.
Subsec. (a)(3)(F)(ii). Pub. L. 98–473, § 626(a)(3)(B)(ii), substituted “paragraphs (12), (13), and (14)” for “paragraph (12)(A) and paragraph (13)”.
Subsec. (a)(3)(F)(iv). Pub. L. 98–473, § 626(a)(3)(B)(iii), substituted “paragraphs (12), (13), and (14)” for “paragraph (12)(A) and paragraph (13)” and struck out “in advising on the State’s maintenance of effort under section 3793a of this title,” before “and in review”.
Subsec. (a)(9). Pub. L. 98–473, § 626(a)(4), inserted “special education,”.
Subsec. (a)(10). Pub. L. 98–473, § 626(a)(5)(A), in provisions preceding subpar. (A), substituted “programs for juveniles, including those processed in the criminal justice system,” for “programs for juveniles” and “provide for effective rehabilitation, and facilitate the coordination of services between the juvenile justice and criminal justice systems” for “and provide for effective rehabilitation”.
Subsec. (a)(10)(E). Pub. L. 98–473, § 626(a)(5)(B), inserted “, including programs to counsel delinquent youth and other youth regarding the opportunities which education provides”.
Subsec. (a)(10)(F). Pub. L. 98–473, § 626(a)(5)(C), inserted “and their families”.
Subsec. (a)(10)(H)(iii). Pub. L. 98–473, § 626(a)(5)(D)(i), substituted “National Advisory Committee for Juvenile Justice and Delinquency Prevention made before
Subsec. (a)(10)(H)(v). Pub. L. 98–473, § 626(a)(5)(D)(ii), (iii), added cl. (v).
Subsec. (a)(10)(I). Pub. L. 98–473, § 626(a)(5)(E), struck out “and” at end.
Subsec. (a)(10)(J). Pub. L. 98–473, § 626(a)(5)(F), struck out “juvenile gangs and their members” and inserted “gangs whose membership is substantially composed of juveniles”.
Subsec. (a)(10)(K), (L). Pub. L. 98–473, § 626(a)(5)(G), added subpars. (K) and (L).
Subsec. (a)(14). Pub. L. 98–473, § 626(a)(6), in amending par. (14) generally, inserted “, through 1989,” after “shall” and substituted provisions relating to exceptions for former provisions which related to the special needs of areas characterized by low population density with respect to the detention of juveniles and exceptions for temporary detention in adult facilities of juveniles accused of serious crimes against persons.
Subsec. (a)(17), (18). Pub. L. 98–473, § 626(a)(11), (12), added par. (17) and redesignated former par. (17) as (18). Former par. (18) redesignated (19).
Subsec. (a)(19). Pub. L. 98–473, § 626(a)(11), redesignated par. (18) as (19). Former par. (19) redesignated (20).
Pub. L. 98–473, § 626(a)(7), in provisions preceding (A), substituted “shall be” for “are” after “arrangements” and substituted “chapter and shall provide for the terms and conditions of such protective arrangements established pursuant to this section, and such” for “chapter. Such”, inserted “and” at end of subpar. (D), substituted a semicolon for the period at end of subpar. (E), and struck out last sentence, which read as follows: “The State plan shall provide for the terms and conditions of the protection arrangements established pursuant to this section;”.
Subsec. (a)(20), (21). Pub. L. 98–473, § 626(a)(11), redesignated pars. (19) and (20) as (20) and (21), respectively. Former par. (21) redesignated (22).
Subsec. (a)(22). Pub. L. 98–473, § 626(a)(11), redesignated par. (21) as (22). Former par. (22) redesignated (23).
Pub. L. 98–473, § 626(a)(8), substituted “agency designated under paragraph (1)” for “criminal justice council”.
Subsec. (a)(23). Pub. L. 98–473, § 626(a)(11), redesignated par. (22) as (23).
Subsec. (b). Pub. L. 98–473, § 626(b), substituted “agency designated under subsection (a)(1) of this section” for “criminal justice council designated pursuant to section 5633(a) of this title” and “subsection (a) of this section” for “section 5633(a) of this title”.
Subsec. (c). Pub. L. 98–473, § 626(c), substituted “3” for “2” before “additional years”.
Subsec. (d). Pub. L. 98–473, § 626(d), made a conforming amendment to the reference to sections 3783, 3784, and 3785 of this title to reflect the renumbering of the corresponding sections of the original act.
1980—Subsec. (a). Pub. L. 96–509, § 11(a)(1), in provisions preceding par. (1), provided for 3-year, rather than annual, plans and annually submitted performance reports which describe the progress in implementing programs contained in the original plan and the status of compliance with State plan requirements.
Pub. L. 96–509, §§ 11(a)(15)(B), 19(g)(11), in provisions following par. (22), substituted reference to section 3743 of this title for reference to section 3733(a) of this title and inserted provision that plans be modified by States as soon as possible after
Subsec. (a)(1). Pub. L. 96–509, § 19(g)(1), substituted “State criminal justice council established by the State under section 3742(b)(1) of this title” for “State planning agency established by the State under section 3723 of this title”.
Subsec. (a)(2). Pub. L. 96–509, § 19(g)(2), substituted “criminal justice council” for “planning agency”.
Subsec. (a)(3)(A). Pub. L. 96–509, §§ 11(a)(2), 19(g)(3), provided that State advisory groups shall consist of between 15 and 33 members rather than between 21 and 33 members and substituted “juvenile delinquency” for “a juvenile delinquency”.
Subsec. (a)(3)(B). Pub. L. 96–509, § 11(a)(3), provided that locally elected officials be included on State advisory groups and made clear that special education departments be included along with other public agencies for representation on State advisory groups.
Subsec. (a)(3)(E). Pub. L. 96–509, § 11(a)(4), provided that one-fifth of the members of State advisory groups be under 24 years of age at the time of their appointment, rather than one-third under 26 years of age.
Subsec. (a)(3)(F). Pub. L. 96–509, §§ 11(a)(5), (6), 19(g)(4), substituted in cl. (i) “criminal justice council” for “planning agency”, in cl. (ii) provision that the State advisory groups submit recommendations to the Governor and the legislature at least annually regarding matters related to its functions for provision that the State advisory groups advise the Governor and the legislature on matters related to its functions as requested, in cl. (iii) “criminal justice council” for “planning agency other than those subject to review by the State’s judicial planning committee established pursuant to section 3723(c) of this title”, in cl. (iv) “criminal justice council and local criminal justice advisory” for “planning agency and regional planning unit supervisory” and “section 3793a of this title” for “sections 3768(b) and 5671(b) of this title”, and added cl. (v).
Subsec. (a)(8). Pub. L. 96–509, § 11(a)(7), provided that State juvenile justice plan requirements conform to State criminal justice application requirements and required a State concentration of effort to coordinate State juvenile delinquency programs and policy.
Subsec. (a)(10). Pub. L. 96–509, § 11(a)(8)(A)–(C), in provisions preceding subpar. (A), clarified that the advanced techniques described in this paragraph are to be used to provide community-based alternatives to “secure” juvenile detention and correctional facilities and that advanced techniques can be used for the purpose of providing programs for juveniles who have committed serious crimes, particularly programs designed to improve sentencing procedures, provide resources necessary for informed dispositions, and provide for effective rehabilitation.
Subsec. (a)(10)(A). Pub. L. 96–509, § 11(a)(9), inserted provisions for inclusion of education and special education programs among community-based programs and services.
Subsec. (a)(10)(E). Pub. L. 96–509, § 11(a)(10), clarified that educational programs included as advanced techniques should be designed to encourage delinquent and other youth to remain in school.
Subsec. (a)(10)(H). Pub. L. 96–509, § 11(a)(11), provided that statewide programs through the use of subsidies or other financial incentives to units of local government be designed to (1) remove juveniles from jails and lock-ups for adults, (2) replicate juvenile programs designed as exemplary by the National Institute of Justice, (3) establish and adopt standards for the improvement of juvenile justice within the State, or, (4) increase the use of nonsecure, community-based facilities and discourage the use of secure incarceration and detention.
Subsec. (a)(10)(I). Pub. L. 96–509, § 11(a)(12), revised subpar. (I) to provide that advanced technique programs designed to develop and implement projects relating to juvenile delinquency and learning disabilities include on-the-job training programs to assist law enforcement and juvenile justice personnel to more effectively recognize and provide for learning disabled and other handicapped juveniles.
Subsec. (a)(10)(J). Pub. L. 96–509, § 11(a)(8)(D), added subpar. (J).
Subsec. (a)(11). Pub. L. 96–509, § 19(g)(5), substituted “provide” for “provides”.
Subsec. (a)(12)(A). Pub. L. 96–509, § 11(a)(13), clarified that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult shall not be placed in secure detention facilities or secure correctional facilities rather than simply, as formerly, juvenile detention or correctional facilities.
Subsec. (a)(12)(B). Pub. L. 96–509, § 19(g)(6), substituted “Administrator” for “Associate Administrator”.
Subsec. (a)(14). Pub. L. 96–509, § 11(a)(15)(A), added par. (14). Former par. (14) redesignated (15).
Subsec. (a)(15). Pub. L. 96–509, §§ 11(a)(14), (15)(A), 19(g)(7), redesignated former par. (14) as (15) and in par. (15) as so redesignated, provided that the annual reporting requirements of the results of the monitoring required by this section can be waived for States which have complied with the requirements of par. (12)(A), par. (13), and par. (14), and which have enacted legislation, conforming to those requirements, which contains, in the opinion of the Administrator, sufficient enforcement mechanisms to ensure that such legislation will be administered effectively and substituted “to the Administrator” for “to the Associate Administrator”. Former par. (15) redesignated (16).
Subsec. (a)(16), (17). Pub. L. 96–509, § 11(a)(15)(A), redesignated former pars. (15) and (16) as (16) and (17), respectively. Former par. (17) redesignated (18).
Subsec. (a)(18). Pub. L. 96–509, §§ 11(a)(15)(A), 19(g)(8), redesignated former par. (17) as (18) and, in subpar. (A) of par. (18) as so redesignated, substituted “preservation of rights” for “preservation or rights”. Former par. (18) redesignated (19).
Subsec. (a)(19), (20). Pub. L. 96–509, § 11(a)(15)(A), redesignated former pars. (18) and (19) as (19) and (20), respectively.
Subsec. (a)(21). Pub. L. 96–509, §§ 11(a)(15)(A), 19(g)(9), redesignated former par. (20) as (21) and substituted “State criminal justice council will from time to time, but not less often than annually, review its plan and submit to the Administrator” for “State planning agency will from time to time, but not less often than annually, review its plan and submit to the Associate Administrator”. Former par. (21) redesignated (22).
Subsec. (a)(22). Pub. L. 96–509, §§ 11(a)(15)(A), 19(g)(10), redesignated former par. (21) as (22) and substituted “Administrator” for “Associate Administrator”.
Subsec. (b). Pub. L. 96–509, § 19(g)(12), substituted “criminal justice council” for “planning agency”.
Subsec. (c). Pub. L. 96–509, § 11(b), made conforming amendment, redefined “substantial compliance” with regard to subsection (a)(12)(A) of this section to include either 75 percent deinstitutionalization of juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult, or such nonoffenders as dependent or neglected children or the removal of 100 percent of such juveniles from secure correctional facilities, and inserted provision at end defining substantial compliance with regard to subsec. (a)(14) of this section.
Subsec. (d). Pub. L. 96–509, §§ 11(c), 19(g)(13), substituted reference to sections 3783, 3784, and 3785 of this title for reference to sections 3757, 3758, and 3759 of this title and provided that redistributed allotments be used for the purposes of subsections (a)(12)(A), (a)(13) or (a)(14) of this section, and further provided that the Administrator shall make such reallocated funds available on an equitable basis to States that have achieved full compliance with the requirements under subsecs. (a)(12)(A) and (a)(13) of this section.
1977—Subsec. (a)(3). Pub. L. 95–115, § 4(c)(1), in introductory text substituted provisions relating to functions under subpar. (F) and participation in the development and review of the plan, for provisions relating to advisement of the State planning agency and its supervisory board, in subpar. (C) inserted provision relating to representatives from business groups and businesses, and in subpar. (E) inserted requirement for at least three of the members to be or have been under the jurisdiction of the juvenile justice system, and added subpar. (F).
Subsec. (a)(4). Pub. L. 95–115. § 4(c)(2), inserted provisions relating to grants or contracts with local private agencies or the advisory group, and substituted “units of general local government or combinations thereof in” for “local governments in”.
Subsec. (a)(5). Pub. L. 95–115, § 4(c)(3), substituted provisions relating to requirements respecting expenditure of funds through programs of units of general local government or combinations thereof and programs of local private agencies, for provisions relating to requirements respecting expenditure of funds through programs of local government.
Subsec. (a)(6). Pub. L. 95–115, § 4(c)(4), inserted provision relating to regional planning agency and “unit of general” before “local government”.
Subsec. (a)(8). Pub. L. 95–115, § 4(c)(5), inserted provisions relating to programs and projects developed under the study.
Subsec. (a)(10). Pub. L. 95–115, § 4(c)(6)(A)(i), (B), inserted provisions relating to availability of funds to the State advisory group and provisions expanding authorized use of funds to include encouragement of diversity of alternatives within the juvenile justice system and adoption of juvenile justice standards, and substituted reference to unit of general local government or combination of such unit with the State, for reference to local government.
Subsec. (a)(10)(A). Pub. L. 95–115, § 4(c)(6)(A)(ii), inserted “twenty-four hour intake screening, volunteer and crisis home programs, day treatment, and home probation,” after “health services,”.
Subsec. (a)(10)(C). Pub. L. 95–115, § 4(c)(6)(A)(iii), substituted “other youth to help prevent delinquency” for “youth in danger of becoming delinquent”.
Subsec. (a)(10)(D). Pub. L. 95–115, § 4(c)(6)(A)(iv), substituted provisions relating to programs stressing advocacy activities, for provisions relating to programs of drug and alcohol abuse education and prevention and programs for treatment and rehabilitation of drug addicted youth and drug dependent youth as defined in section 201(q) of this title.
Subsec. (a)(10)(G). Pub. L. 95–115, § 4(c)(6)(A)(v), inserted “traditional youth” after “reached by”.
Subsec. (a)(10)(H). Pub. L. 95–115, § 4(c)(6)(A)(vi), substituted “are” for “that may include but are not limited to programs”.
Subsec. (a)(10)(I). Pub. L. 95–115, § 4(c)(6)(A)(vii), added subpar. (I).
Subsec. (a)(12). Pub. L. 95–115, § 4(c)(7), redesignated existing provisions as subpar. (A), substituted provisions relating to detention requirements respecting programs within three years after submission of the initial plan, for provisions relating to detention requirements respecting programs within two years after submission of the plan, and added subpar. (B).
Subsec. (a)(13). Pub. L. 95–115, § 4(c)(8), inserted “and youths within the purview of paragraph (12)” after “delinquent”.
Subsec. (a)(14). Pub. L. 95–115, §§ 3(a)(3)(B), 4(c)(9), inserted “(A)” after “(12)” and “Associate” before “Administrator” and substituted “facilities, correctional facilities, and non-secure facilities” for “facilities, and correctional facilities”.
Subsec. (a)(15). Pub. L. 95–115, § 4(c)(10), struck out “all” before “disadvantaged”.
Subsec. (a)(19). Pub. L. 95–115, § 4(c)(11), struck out “, to the extent feasible and practical” before “the level”.
Subsec. (a)(20), (21). Pub. L. 95–115, § 3(a)(3)(B), inserted “Associate” before “Administrator” wherever appearing.
Subsec. (b). Pub. L. 95–115, § 4(c)(12), substituted provisions relating to advice and recommendations for provisions relating to consultations.
Subsec. (c). Pub. L. 95–115, § 4(c)(13), inserted provisions relating to failure to achieve compliance with the requirements of subsec. (a)(12)(A) within the three-year time limitation.
Subsec. (d). Pub. L. 95–115, § 4(c)(14), inserted provision relating to the State choosing not to submit a plan and provision relating to reallocation of funds by the Administrator.
Subsec. (e). Pub. L. 95–115, § 4(c)(15), struck out subsec. (e) which related to reallotment of funds in a State where the State plan fails to meet the requirements of this section as a result of oversight or neglect.
1976—Subsec. (a). Pub. L. 94–503 substituted “(15), and (17)” for “and (15)” in provisions preceding par. (1).
Effective Date Of Amendment
Amendment by Pub. L. 107–273 effective on the first day of the first fiscal year that begins after
Amendment by Pub. L. 104–294 effective
Amendment by Pub. L. 100–690 effective
Amendment by Pub. L. 98–473 effective
Amendment by Pub. L. 95–115 effective
Pub. L. 95–115, § 4(c)(3)(B),
Pub. L. 95–115, § 4(c)(6)(B),
Savings
Pub. L. 102–586, § 2(f)(3)(B),
Miscellaneous
Advisory committees established after
Pub. L. 96–509, § 17,