Volume 94 · 2750
Public Law 96–509
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to extend the authorization of appropriations for such Act, and for other purposes.
Approved December 8, 1980
Statutory text
An Act
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to extend the authorization of appropriations for such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. short title
This Act may be cited as the “Juvenile Justice Amendments of 1980”.
Sec. 2. authorization of appropriations
Section 261(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended—
by striking out “$150,000,000” and all that follows through “1979, and”; and
by striking out “Tor the fiscal year ending September 30, 1980” and inserting in lieu thereof “Tor each of the fiscal years ending September 30, 1981, September 30, 1982, September 30, 1983, and September 30, 1984.”.
Section 341(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5751(a)) is amended by striking out “June 30, 1975” and all that follows through “1980” and inserting in lieu thereof the following: “September 30, 1981, September 30, 1982, September 30, 1983, and September 30, 1984”.
Sec. 3. findings
Section 101(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601(a)) is amended—
in paragraph (4) thereof, by inserting “alcohol and other” after “abuse”;
in paragraph (6) thereof, by striking out “and” at the end thereof;
in paragraph (7) thereof, by striking out the period at the end thereof and inserting in lieu thereof “; and”; and
by adding at the end thereof the following new paragraph:
“(8) the juvenile justice system should give additional attention to the problem of juveniles who commit serious crimes, with particular attention given to the areas of sentencing, providing resources necessary for informed dispositions, and rehabilitation.”.
Sec. 4. purpose
Section 102(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5602(a)) is amended—
in paragraph (6) thereof, by striking out “and” at the end thereof;
in paragraph (7) thereof, by striking out the period at the end thereof and inserting in lieu thereof “; and”; and
by adding at the end thereof the following new paragraph:
“(8) to assist State and local governments in removing juveniles from jails and lockups for adults.”.
Section 102(b)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5602(b)(1)) is amended by inserting before the semicolon at the end thereof the following: “, including methods with a special focus on maintaining and strengthening the family unit so that juveniles may be retained in their homes”.
Sec. 5. definitions
Section 103(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(D) is amended by inserting “special education,” after “training,”.
Section 103(4) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(4)) is amended to read as follows:
the term ‘Office of Justice Assistance, Research, and Statistics’ means the office established by section 801(a) of the Omnibus Crime Control and Safe Streets Act of 1968;
the term ‘Law Enforcement Assistance Administration’ means the administration established by section 101 of the Omnibus Crime Control and Safe Streets Act of 1968;
the term ‘National Institute of Justice’ means the institute established by section 202(a) of the Omnibus Crime Control and Safe Streets Act of 1968; and
the term ‘Bureau of Justice Statistics’ means the bureau established by section 302(a) of the Omnibus Crime Control and Safe Streets Act of 1968;”.
Section 103(7) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(7)) is amended by striking out “and any territory or possession of the United States” and inserting in lieu thereof “the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands”.
Section 103(9) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(9)) is amended by striking out “law enforcement” and inserting in lieu thereof “juvenile justice and delinquency prevention”.
Section 103(12) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(12)) is amended to read as follows:
“(12) the term ‘secure detention facility’ means any public or private residential facility which—
“(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and
“(B) is used for the temporary placement of any juvenile who is accused of having committed an offense, of any nonoffender, or of any other individual accused of having committed a criminal offense;”.
Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended—
by redesignating paragraph (13) as paragraph (15); and
by inserting after paragraph (12) the following new paragraphs:
“(13) the term ‘secure correctional facility’ means any public or private residential facility which—
“(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and
“(B) is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense;
“(14) the term ‘serious crime’ means criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony; and”.
Section 103(15) of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in subsection (f)(1), is amended—
by inserting “special education,” after “educational,”; and
by striking out “and benefit the addict” and all that follows through “, and his” and inserting in lieu thereof “, including services designed to benefit addicts and other users by eliminating their dependence on alcohol or other addictive or nonaddictive drugs or by controlling their dependence and”.
Sec. 6. office of juvenile justice and delinquency prevention
Section 201(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(a)) is amended by striking out “Law Enforcement Assistance Administration” and inserting in lieu thereof “under the general authority of the Attorney General”.
Section 201(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(d)) is amended—
in the first sentence thereof, by striking out “direction of’ and all that follows through “Administration” and inserting in lieu thereof “general authority of the Attorney General”;
in the second sentence thereof, by striking out “, subject to the direction of the Administrator,”, and by inserting “prescribe regulations for,” before “award”;
in the third sentence thereof—
by inserting “of the Law Enforcement Assistance Administration and the Director of the National Institute of Justice” after “Administrator” the first place it appears therein; and
by inserting “of the Office of Juvenile Justice and Delinquency Prevention” after “Administrator” the last place it appears therein; and
by striking out the last sentence thereof.
Section 201(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(e)) is amended by striking out “Administrator of the Law Enforcement Assistance Administration” and inserting in lieu thereof “Attorney General”.
Section 201(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(D) is amended by striking out “Administrator” the last place it appears therein and inserting in lieu thereof “Attorney General”.
Sec. 7. concentration of federal efforts
Section 204(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(b)) is amended—
by striking out “, with the assistance of the Associate Administrator,”; and
in paragraph (6) thereof, by inserting “and training assistance” after “technical assistance”.
Section 204 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended by adding at the end thereof the following new subsection:
“(m) To carry out the purposes of this section, there is authorized to
Appropriation authorization.
be appropriated for each fiscal year an amount which does not exceed 7.5 percent of the total amount appropriated to carry out this title.”.
Sec. 8. coordinating council on juvenile justice and delinquency prevention
Section 206(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended—
by inserting “the Secretary of Education, the Secretary of Housing and Urban Development, the Director of the Community Services Administration,” after “Secretary of Labor,”; and
by striking out “the Secretary of Housing and Urban Development,” and inserting in lieu thereof “the Director of the Bureau of Prisons, the Commissioner of the Bureau of Indian Affairs, the Director for the Office of Special Education and Rehabilitation Services, the Commissioner for the Administration for Children, Youth, and Families, and the Director of the Youth Development Bureau,”.
Section 206(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(c)) is amended—
by striking out “the Attorney General and”;
by inserting “, and to the Congress,” after “President”; and
by adding at the end thereof the following new sentence: “The Council shall review, and make recommendations with
Review and recommendations.
respect to, any joint funding proposal undertaken by the Office of Juvenile Justice and Delinquency Prevention and any agency represented on the Council.”.
Section 206(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(d)) is amended by striking out “a minimum of four times per year” and inserting in lieu thereof “at least quarterly”.
Section 206(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(e)) is amended by striking out “may” and inserting in lieu thereof “shall”.
Section 206(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(g)) is amended by inserting “, not to exceed $500,000 for each fiscal year” before the period at the end thereof.
Sec. 9. national advisory committee for juvenile justice and delinquency prevention
Part A of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by striking out section 207, section 208, and section 209, and inserting in lieu thereof the following new section:
“Sec. 207. “national advisory committee for juvenile justice and delinquency prevention
There is hereby established a National Advisory Committee for Juvenile Justice and Delinquency Prevention (hereinafter in this Act referred to as the ‘Advisory Committee’) which shall consist of 15 members appointed by the President.
Members shall be appointed who have special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice, such as juvenile or family court judges; probation, correctional, or law enforcement personnel; representatives of private, voluntary organizations and community-based programs, including youth workers involved with alternative youth programs; and persons with special training or experience in addressing the problems of youth unemployment, school violence and vandalism, and learning disabilities.
At least 5 of the individuals appointed as members of the Advisory Committee shall not have attained 24 years of age on or before the date of their appointment. At least 2 of the individuals so appointed shall have been or shall be (at the time of appointment) under the jurisdiction of the juvenile justice system. The Advisory Committee shall contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system.
The President shall designate the Chairman from members appointed to the Advisory Committee. No full-time officer or employee of the Federal Government may be appointed as a member of the Advisory Committee, nor may the Chairman be a full-time officer or employee of any State or local government.
Members appointed by the President shall serve for terms of 3 years. Of the members first appointed, 5 shall be appointed for terms of 1 year, 5 shall be appointed for terms of 2 years, and 5 shall be appointed for terms of 3 years, as designated by the President at the time of appointment. Thereafter, the term of each member shall be 3 years. The initial appointment of members shall be made not later than 90 days after the effective date of this section.
Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed shall be appointed only for the remainder of such term. The President shall fill a vacancy not later than 90 days after such vacancy occurs. Members shall be eligible for reappointment and may serve after the expiration of their terms until their successors have taken office.
The Advisory Committee shall meet at the call of the Chairman, but not less than quarterly. Ten members of the Advisory Committee shall constitute a quorum.
The Advisory Committee shall—
review and evaluate, on a continuing basis, Federal policies regarding juvenile justice and delinquency prevention and activities affecting juvenile justice and delinquency prevention conducted or assisted by all Federal agencies;
advise the Administrator with respect to particular functions or aspects of the work of the Office;
advise, consult with, and make recommendations to the National Institute of Justice and the National Institute for Juvenile Justice and Delinquency Prevention concerning the overall policy and operations of each such Institute regarding juvenile justice and delinquency prevention research, evaluations, and training provided by each such Institute; and
make refinements in recommended standards for the administration of juvenile justice at the Federal, State, and local levels which have been reviewed under section 247, and recommend
Federal, State, and local action to facilitate the adoption of such standards throughout the United States.
Beginning in 1981, the Advisory Committee shall submit such
Report to President and Congress.
interim reports as it considers advisable to the President and to the Congress, and shall submit an annual report to the President and to the Congress not later than March 31 of each year. Each such report shall describe the activities of the Advisory Committee and shall contain such findings and recommendations as the Advisory Committee considers necessary or appropriate.
The Advisory Committee shall have staff personnel, appointed by the Chairman with the approval of the Advisory Committee, to assist it in carrying out its activities. The head of each Federal agency shall make available to the Advisory Committee such information and other assistance as it may require to carry out its activities. The Advisory Committee shall not have any authority to procure any temporary or intermittent services of any personnel under section 3109 of title 5, United States Code, or under any other provision of law.
Members of the Advisory Committee shall, while serving on
Compensation
business of the Advisory Committee, be entitled to receive compensation at a rate not to exceed the daily rate specified for Grade GS–18 of the General Schedule in section 5332 of title 5, United States Code, including traveltime.
Members of the Advisory Committee, while serving away from
Travel expense and per diem.
their places of residence or regular places of business, shall be entitled to reimbursement for travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703 of title 5, United States Code, for persons in the Federal Government service employed intermittently.
To carry out the purposes of this section, there is authorized to
Appropriation authorization.
be appropriated such sums as may be necessary, not to exceed $500,000 for each fiscal year.”.
Sec. 10. allocation
The last sentence of section 222(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(a)) is amended by striking out “and”, and by inserting “, and the Commonwealth of the Northern Mariana Islands” after “Pacific Islands”.
Sec. 11. state plans
Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended by striking out “consistent with the provisions” and all that follows through “such plan must” and inserting in lieu thereof the following: “applicable to a 3-year period. Such plan shall be amended annually
Performance reports.
to include new programs, and 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 snail prescribe, such plan shall”.
Section 223(a)(3)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(A)) is amended by striking out “twenty-one” and inserting in lieu thereof “15”, and by striking out “thirty-three” and inserting in lieu thereof “33”.
Section 223(a)(3)(B) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(B)) is amended—
by inserting “locally elected officials,” after “include”; and (B) by inserting “special education,” after “education,”.
Section 223(a)(3)(E) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(E)) is amended—
by striking out “one-third” and inserting in lieu thereof “one-fifth”;
by striking out “twenty-six” and inserting in lieu thereof “24”;
by inserting “, and” after “appointment”; and
by striking out “three of whom” and inserting in lieu thereof “3 of whose members”.
Section 223(a)(3)(F) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(F)) is amended—
by striking out “(ii) may advise” and all that follows through “requested;” and inserting in lieu thereof “(ii) shall submit to the Governor and the legislature at least annually recommendations with respect to matters related to its functions, including State compliance with the requirements of paragraph (12)(A) and paragraph (13);”; and
by adding at the end thereof the following: “and (v) shall contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system;”.
Section 223(a)(3)(F)(iii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(F)(iii)) is amended by striking out “and” at the end thereof.
Section 223(a)(8) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(8)) is amended to read as follows:
“(8) provide for (A) an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction, a description of the services to be provided, and a description of performance goals and priorities, including a specific statement of the manner in which programs are expected to meet the identified juvenile crime problems and juvenile justice and delinquency prevention needs of the jurisdiction; (B) 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 (C) 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;”.
Section 223(a)(10) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended—
by striking out “juvenile detention and correctional facilities” and inserting in lieu thereof “confinement in secure detention facilities and secure correctional facilities”;
by striking out “and” the fifth place it appears therein;
by inserting after “standards” the following: “, and to provide programs for juveniles who have committed serious crimes, particularly programs which are designed to improve sentencing procedures, provide resources necessary for informed dispositions, and provide for effective rehabilitation”; and
by adding at the end thereof the following new subparagraph:
“(J) projects designed both to deter involvement in illegal activities and to promote involvement in lawful activities on the part of juvenile gangs and their members;”.
Section 223(a)(10)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(A)) is amended by inserting “education, special education,” after “home programs,”.
Section 223(a)(10)(E) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(E)) is amended by striking out “keep delinquents and to”, and by inserting “delinquent youth and” after “encourage”.
Section 223(a)(10)(H) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(H)) is amended to read as follows:
“(H) statewide programs through the use of subsidies or other financial incentives to units of local government designed to—
“(i) remove juveniles from jails and lockups for adults;
“(ii) replicate juvenile programs designated as exemplary by the National Institute of Justice;
“(iii) establish and adopt, based upon the recommendations of the Advisory Committee, standards for the improvement of juvenile justice within the State; or
“(iv) increase the use of nonsecure community-based facilities and discourage the use of secure incarceration and detention;”.
Section 223(a)(10)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(I)) is amended to read as follows:
“(I) programs designed to develop and implement projects relating to juvenile delinquency and learning disabilities, including 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; and”.
Section 223(a)(12)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended—
by inserting “or offenses which do not constitute violations of valid court orders” after “adult”; and
by striking out “juvenile detention or correctional facilities” and inserting in lieu thereof “secure detention facilities or secure correctional facilities”.
Section 223(a)(15) of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in paragraph (15)(A), is
Post, p. 2758.
amended—
by striking out “paragraph (12)(A) and paragraph (13)” and inserting in lieu thereof “paragraph (12)(A), paragraph (13), and paragraph (14)”; and
by inserting before the semicolon at the end thereof the following: except that such reporting requirements shall not apply in the case of a State which is in compliance with the other requirements of this paragraph, which is in compliance with the requirements in paragraph (12)(A) and paragraph (13), and which has enacted legislation which conforms to such requirements and which contains, in the opinion of the Administrator, sufficient enforcement mechanisms to ensure that such legislation will be administered effectively”.
Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)), as amended by the foregoing provisions of this subsection, is further amended—
by redesignating paragraph (14) through paragraph (21) as paragraph (15) through paragraph (22), respectively, and by inserting after paragraph (13) the following new paragraph:
“(14) provide that, beginning after the 5-year period following the date of the enactment of the Juvenile Justice Amendments of 1980, no juvenile shall be detained or confined in any jail or lockup for adults, except that the Administrator shall promulgate regulations which (A) recognize the special needs of areas characterized by low population density with respect to the detention of juveniles; and (B) shall permit the temporary detention in such adult facilities of juveniles accused of serious crimes against persons, subject to the provisions of paragraph (13), where no existing acceptable alternative placement is available;”; and
by adding at the end thereof the following new sentence: “Such plan shall be modified by the State, as soon as practicable after the date of the enactment of the Juvenile Justice Amendments of 1980, in order to comply with the requirements of paragraph (14).”.
Section 223(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended—
by striking out “, with the concurrence of the Associate Administrator,”;
by inserting after “juveniles” the following: “or through removal of 100 percent of such juveniles from secure correctional facilities”; and
by adding at the end thereof the following new sentence: “Failure to achieve compliance with the requirements of subsection (a)(14) 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 2 additional years.”.
Section 223(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(d)) is amended—
by inserting “endeavor to” after “the Administrator shall”;
by striking out “public and private” and all that follows through “section 224” and inserting in lieu thereof “local public and private nonprofit agencies within such State for use in carrying out the purposes of subsection (a)(12)(A), subsection (a)(13), or subsection (a)(14)”;
by striking out “endeavor to make such reallocated funds” and inserting in lieu thereof “make funds which remain available after disbursements are made by the Administrator under the preceding sentence, and any other unobligated funds,”;
by striking out “a preferential” and inserting in lieu thereof “an equitable”;
by striking out “to programs in nonparticipating States under section 224(a)(2) and”;
by striking out “substantial or”; and
by striking out “subsection (a)(12)(A) requirement” and all that follows through “subsection (c)” and inserting in lieu thereof “requirements under subsection (a)(12)(A) and subsection (a)(13)”.
Sec. 12. special emphasis prevention and treatment programs
Section 224(a)(5) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5634(a)(5)) is amended to read as follows:
“(5) develop statewide programs through the use of subsidies or other financial incentives designed to—
“(A) remove juveniles from jails and lockups for adults;
“(B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or
“(C) establish and adopt, based upon recommendations of the Advisory Committee, standards for the improvement of juvenile justice within the State;”.
Section 224(a)(11) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5634(a)(ll)) is amended by inserting before the period at the end thereof the following: “, including on-the-job training programs to assist law enforcement personnel and juvenile justice personnel to more effectively recognize and provide for learning disabled and other handicapped juveniles”.
Section 224(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5634(a)) is amended—
in paragraph (10) thereof, by striking out “and” at the end thereof;
in paragraph (11) thereof, by striking out the period at the end thereof and inserting in lieu thereof “; and”; and
by adding at the end thereof the following new paragraph:
“(12) develop and implement special emphasis prevention and treatment programs relating to juveniles who commit serious crimes.”.
Section 224 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5634) is amended by adding at the end thereof the following new subsections:
“(d) Assistance provided pursuant to this section shall be available on an equitable basis to deal with disadvantaged youth, including females, minority youth, and mentally retarded and emotionally or physically handicapped youth.
“(e) At least 5 percent of the funds available for grants and
Grants and contracts.
contracts made pursuant to this section shall be available for grants and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.”.
Sec. 13. use of funds
Section 227 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5637) is amended by adding at the end thereof the following new subsection:
“(c) Funds paid pursuant to section 223(a)(10)(D) and section
224(a)(7) to any public or private agency, organization, or institution or to any individual (whether directly or through a State criminal justice council) shall not be used to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device, intended or designed to influence a Member of the Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure by the Congress, any State legislature, any local council, or any similar governing body, except that this subsection shall not preclude such funds from being used in connection with communications to Federal, State, or local elected officials, upon the request of such officials through proper official channels, pertaining to authorization, appropriation, or oversight measures directly affecting the operation of the program involved. The Administrator shall take such action as may be necessary to ensure that no funds paid
under section 223(a)(10)(1)) or section 224(a)(7) are used either directly or indirectly in any manner prohibited in this subsection.”.
Sec. 14. payments
Section 228 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5638) is amended—
by striking out subsection (a) and subsection (b) thereof, and by striking out the section designation preceding subsection (a);
by redesignating subsection (c) through subsection (g) as subsection (a) through subsection (e), respectively; and
by inserting “Sec. 228.” before subsection (a), as so redesignated in paragraph (2).
Section 228(e) of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in subsection (a), is amended—
by inserting “subpart II of’ after “applicant under”; and
by striking out “under section 224” and inserting in lieu thereof “in an equitable manner to States which have complied with the requirements in section 223(a)(12)(A) and section 223(a)(13), under section 224(a)(5)”.
Sec. 15. designation of state agencies
Section 261 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended by adding at the end thereof the following new subsection:
“(c) Notwithstanding any other provision of law, if the Administrator determines, in his discretion, that sufficient funds have not been appropriated for any fiscal year for the activities authorized in part D
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, then the Administrator is authorized to—
“(1) approve any appropriate State agency designated by the Governor of the State involved as the sole agency responsible for supervising the preparation and administration of the State plan
submitted under section 223; and
“(2) establish appropriate administrative and supervisory board membership requirements for any agency designated in accordance with paragraph (1), and permit the State advisory group appointed under section 223(a)(3) to operate as the supervisory board for such agency, at the discretion of the Governor.”.
Sec. 16. administrative provisions
Section 262 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5672) is amended to read as follows:
“Sec. 262. “applicability of other administrative provisions
(a) The administrative provisions of sections 802(a),
42 USC 3782–3788, 3789a–3789d, 3789f. 3789g.
802(c), 803, 804, 805, 806, 807, 810, 812, 813, 814(a), 815(c), 817(a), 817(b), 817(c), 818(a), 818(b), and 818(d) of the Omnibus Crime Control and Safe Streets Act of 1968 are incorporated in this Act as administrative provisions applicable to this Act. References in the cited sections authorizing action by the Director of the Office of Justice Assistance, Research and Statistics, the Administrator of the Law Enforcement Assistance Administration, the Director of the National Institute of Justice, and the Director of the Bureau of Justice Statistics also shall be construed as authorizing the Administrator of the Office of Juvenile Justice and Delinquency Prevention to perform the same action.
“(b) The Office of Justice Assistance, Research and Statistics shall directly provide staff support to, and coordinate the activities of, the Office of Juvenile Justice and Delinquency Prevention in the same manner as it is authorized to provide staff support and coordinate the activities of the Law Enforcement Assistance Administration, National Institute of Justice, and Bureau of Justice Statistics pursuant to section 801(b) of the Omnibus Crime Control and Safe Streets Act of 1968.”
.
Sec. 17. report regarding confinement of juveniles in jails for adults
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention, not later than 18 months after the date of the enactment of this Act, shall submit a report to the Congress relating to the cost and implications of any requirement added to the Juvenile Justice and Delinquency Prevention Act of 1974 which
would mandate the removal of juveniles from adults in all jails and lockups.
The report required in subsection (a) shall include—
an estimate of the costs likely to be incurred by the States in implementing the requirement specified in subsection (a);
an analysis of the experience of States which currently require the removal of juveniles from adults in all jails and lockups;
an analysis of possible adverse ramifications which may result from such requirement of removal, including an analysis of whether such requirement would lead to an expansion of the residential capacity of secure detention facilities and secure correctional facilities for juveniles, thus resulting in a net increase in the total number of juveniles detained or confined in such facilities; and
recommendations for such legislative or administrative action as the Administrator considers appropriate.
Sec. 18. runaway and homeless youth
The heading for title III of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5701 et seq.) is amended to read as follows:
“TITLE III— RUNAWAY AND HOMELESS YOUTH”.
Section 301 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5701 note) is amended by inserting “and Homeless” after “Runaway”.
Section 311 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5711) is amended—
by inserting “(a)” after the section designation;
by inserting “equitably among the States based upon their respective populations of youth under 18 years of age” after “shall be made”;
by inserting “, and their families,” after “homeless youth”;
by inserting after “services.” the following new sentence: “Grants also may be made for the provision of a national communications system for the purpose of assisting runaway and homeless youth in communicating with their families and with service providers.”; and
by adding at the end thereof the following new subsections:
“(b) The Secretary is authorized to provide supplemental grants to runaway centers which are developing, in cooperation with local juvenile court and social service agency personnel, model programs designed to provide assistance to juveniles who have repeatedly left and remained away from their homes or from any facilities in which they have been placed as the result of an adjudication.
“(c) The Secretary is authorized to provide on-the-job training to local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, and welfare personnel to assist such personnel in recognizing and providing for learning disabled and other handicapped juveniles.”.
Section 312(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5712(a)) is amended by striking out “house” and inserting in lieu thereof “center”, and by inserting “or to other homeless juveniles” before the period at the end thereof.
Section 312(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5712(b)) is amended—
by striking out “house” each place it appears therein and inserting in lieu thereof “center”; and
in paragraph (4) thereof, by inserting “social service personnel, and welfare personnel,” after “personnel,”.
Section 313 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5713) is amended by striking out “$100,000” and inserting in lieu thereof “$150,000”, and by striking out “any applicant whose program budget is smaller than $150,000” and inserting in lieu thereof “organizations which have a demonstrated experience in the provision of service to runaway and homeless youth and their families”.
Section 315 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5715) is amended by striking out “houses” and inserting in lieu thereof “centers”.
Sec. 19. technical and conforming amendments
Section 103(5) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(5)) is amended by striking out “section 101(b)” and all that follows through “amended” and inserting in lieu thereof “section 201(c)”.
Section 201(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(c)) is amended—
in the first sentence thereof, by striking out “Associate”; and
by striking out the last sentence thereof.
Section 201(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(d)) is amended by striking out “Associate” each place it appears therein.
Section 201(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(e)) is amended by striking out “Associate” each place it appears therein, and by striking out “Office” the last place it appears therein and inserting in lieu thereof “office”.
Section 201(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(f)) is amended by striking out “Associate”.
Section 202(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5612(c)) is amended by striking out “Associate”.
Section 202(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5612(d)) is amended by striking out “title I” and inserting in lieu thereof “title 5”.
Section 204(d)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(d)(1)) is amended by striking out “Associate”.
Section 204(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(g)) is amended by striking out “Administration” and inserting in lieu thereof “Office”.
Section 204(i) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(i)) is amended by striking out “Associate”.
Section 204(k) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(k)) is amended by striking out “the Department of Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.
Section 204(l)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(1)(1)) is amended by striking out “Associate”.
Section 205 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5615) is amended by striking out “Associate” each place it appears therein.
Section 206(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended—
by striking out “, Education, and Welfare” and inserting in lieu thereof “and Human Services”;
by striking out “the Commissioner of the Office of Education,”;
by inserting “the Director of the Office of Justice Assistance, Research and Statistics, the Administrator of the Law Enforcement Assistance Administration,” after “designees,”;
by striking out “Associate” each place it appears therein; and
by inserting “the Director of the National Institute of Justice,” after “Prevention,” the last place it appears therein.
Section 206(B) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(b)) is amended by striking out “Associate”.
Section 206(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(e)) is amended by striking out “Associate”.
Section 223(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(1)) is amended—
by striking out “planning agency” and inserting in lieu thereof “criminal justice council”, and
by striking out “section 203 of such title I” and inserting in lieu thereof “section 402(b)(1) of the Omnibus Crime Control and
Safe Streets Act of 1968”.
Section 223(a)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(2)) is amended by striking out “planning agency” and inserting in lieu thereof “criminal justice council”.
Section 223(a)(3)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(A)) is amended by striking out “a juvenile” and inserting in lieu thereof “juvenile”.
Section 223(a)(3)(F) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(F)) is amended—
in clause (i) thereof, by striking out “planning agency” and inserting in lieu thereof “criminal justice council”;
in clause (iii) thereof, by striking out “planning agency” and all that follows through “as amended” and inserting in lieu thereof “criminal justice council”; and
in clause (iv) thereof—
by striking out “planning agency and regional planning unit supervisory” and inserting in lieu thereof “criminal justice council and local criminal justice advisory”; and
by striking out “section 261(b) and section 502(b)” and inserting in lieu thereof “section 1002”.
Section 223(a)(11) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(lD) is amended by striking out “provides” and inserting in lieu thereof “provide”.
Section 223(a)(12)(B) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(B)) is amended by striking out “Associate”.
Section 223(a)(15) of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in section ll(a)(15)(A), is amended by striking out “Associate”.
Section 223(a)(18)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in section ll(a)(15)(A), is amended by striking out “or” the first place it appears therein and inserting in lieu thereof “of”.
Section 223(a)(21) of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in section ll(a)(15)(A), is amended—
by striking out “planning agency” and inserting in lieu thereof “criminal justice council”,
by striking out “then” and inserting in lieu thereof “than”; and
by striking out “Associate”.
Section 223(a)(22) of the Juvenile Justice and Delinquency Prevention Act of 1974, as so redesignated in section H(a)(15)(A), is amended by striking out “Associate”.
Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)), as amended in section U(a)(15)(B), is further amended (in the sentence preceding the last sentence thereof) by striking out “303(a)” and inserting in lieu thereof “section 403”.
Section 223(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(b)) is amended by striking out “planning agency” and inserting in lieu thereof “criminal justice council”.
Section 223(d) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(d)) is amended by striking out “sections 509, 510, and 511” and inserting in lieu thereof “sections 803,804, and 805”.
Section 224(a)(6) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5634(a)(6)) is amended by striking out “Commissioner” and inserting in lieu thereof “Secretary”.
Section 228(e) of the Juvenile Justice and Delinquency Prevention
Ante, p. 2760.
Act of 1974, as so redesignated in section 11(a), is amended by striking out “section 509” and inserting in lieu thereof “section 803”.
Section 241(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(b)) is amended by striking out “Associate” each place it appears therein.
Section 241(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(c)) is amended by striking out “National Institute of Law Enforcement and Criminal Justice” and inserting in lieu thereof “National Institute of Justice”.
Section 244(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5654(3)) is amended by striking out “sections 249, 250, and 251” and inserting in lieu thereof “sections 248,249, and 250”.
Section 245 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5655) is amended by striking out “Associate”.
Section 246 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5656) is amended by striking out “Associate” each place it appears therein.
Section 248(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5658(a)) is amended by striking out “Associate” each place it appears therein.
Section 249 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5660) is amended by striking out “Associate”.
Section 250(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661(a)) is amended by striking out “Associate” each place it appears therein.
Section 250(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661(b)) is amended by striking out “Associate” each place it appears therein.
Section 250(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661(c)) is amended by striking out “section 5703(b)” and inserting in lieu thereof “section 5703”.
Approved December 8, 1980.