Title 34 — Crime Control and Law Enforcement

Part D · Chapter 111 — Juvenile Justice and Delinquency Prevention

§ 11161. Research and evaluation; statistical analyses; information dissemination

Statutory text

Research and evaluation

The Administrator shall—

annually publish a plan to identify the purposes and goals of all agreements carried out with funds provided under this subsection; and

conduct research or evaluation in juvenile justice matters, for the purpose of providing research and evaluation relating to—

the prevention, reduction, and control of juvenile delinquency and serious crime committed by juveniles;

the link between juvenile delinquency and the incarceration of members of the families of juveniles;

successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the juvenile justice and criminal justice systems;

successful efforts to prevent recidivism;

the juvenile justice system;

juvenile violence;

the prevalence and duration of behavioral health needs (including mental health, substance abuse, and co-occurring disorders) among juveniles pre-placement and post-placement in the juvenile justice system, including an examination of the effects of secure detention in a correctional facility;

reducing the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups;

training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices;

methods to improve the recruitment, selection, training, and retention of professional personnel who are focused on the prevention, identification, and treatment of delinquency;

methods to improve the identification and response to victims of domestic child sex trafficking within the juvenile justice system;

identifying positive outcome measures, such as attainment of employment and educational degrees, that States and units of local government should use to evaluate the success of programs aimed at reducing recidivism of youth who have come in contact with the juvenile justice system or criminal justice system;

evaluating the impact and outcomes of the prosecution and sentencing of juveniles as adults;

successful and cost-effective efforts by States and units of local government to reduce recidivism through policies that provide for consideration of appropriate alternative sanctions to incarceration of youth facing nonviolent charges, while ensuring that public safety is preserved;

 1 evaluating services, treatment, and aftercare placement of juveniles who were under the care of the State child protection system before their placement in the juvenile justice system;

determining—

the frequency, seriousness, and incidence of drug use by youth in schools and communities in the States using, if appropriate, data submitted by the States pursuant to this subparagraph and subsection (b); and

the frequency, degree of harm, and morbidity of violent incidents, particularly firearm-related injuries and fatalities, by youth in schools and communities in the States, including information with respect to—

the relationship between victims and perpetrators;

demographic characteristics of victims and perpetrators; and

the type of weapons used in incidents, as classified in the Uniform Crime Reports of the Federal Bureau of Investigation; and

other purposes consistent with the purposes of this subchapter and subchapter I.

The Administrator shall ensure that an equitable amount of funds available to carry out paragraph (1)(B) is used for research and evaluation relating to the prevention of juvenile delinquency.

Nothing in this subsection shall be construed to permit the development of a national database of personally identifiable information on individuals involved in studies, or in data-collection efforts, carried out under paragraph (1)(B)(x).

Not later than 1 year after December 21, 2018, the Administrator shall conduct a study with respect to juveniles who, prior to placement in the juvenile justice system, were under the care or custody of the State child welfare system, and to juveniles who are unable to return to their family after completing their disposition in the juvenile justice system and who remain wards of the State in accordance with applicable confidentiality requirements. Such study shall include—

the number of juveniles in each category;

the extent to which State juvenile justice systems and child welfare systems are coordinating services and treatment for such juveniles;

the Federal and local sources of funds used for placements and post-placement services;

barriers faced by State 2 and Indian Tribes in providing services to these juveniles;

the types of post-placement services used;

the frequency of case plans and case plan reviews;

the extent to which case plans identify and address permanency and placement barriers and treatment plans;

a description of the best practices in discharge planning; and

an assessment of living arrangements for juveniles who, upon release from confinement in a State correctional facility, cannot return to the residence they occupied prior to such confinement.

Statistical analyses

The Administrator shall—

plan and identify the purposes and goals of all agreements carried out with funds provided under this subsection; and

undertake statistical work in juvenile justice matters, for the purpose of providing for the collection, analysis, and dissemination of statistical data and information relating to juvenile delinquency and serious crimes committed by juveniles, to the juvenile justice system, to juvenile violence, and to other purposes consistent with the purposes of this subchapter and subchapter I.

Grant authority and competitive selection process

The Administrator may make grants and enter into contracts with public or private agencies, organizations, or individuals and shall use a competitive process, established by rule by the Administrator, to carry out subsections (a) and (b).

Implementation of agreements

A Federal agency that makes an agreement under subsections (a)(1)(B) and (b)(2) with the Administrator may carry out such agreement directly or by making grants to or contracts with public and private agencies, institutions, and organizations.

Information dissemination

The Administrator may—

review reports and data relating to the juvenile justice system in the United States and in foreign nations (as appropriate), collect data and information from studies and research into all aspects of juvenile delinquency (including the causes, prevention, and treatment of juvenile delinquency) and serious crimes committed by juveniles;

establish and operate, directly or by contract, a clearinghouse and information center for the preparation, publication, and dissemination of information relating to juvenile delinquency, including State and local prevention and treatment programs, plans, resources, and training and technical assistance programs; and

make grants and contracts with public and private agencies, institutions, and organizations, for the purpose of disseminating information to representatives and personnel of public and private agencies, including practitioners in juvenile justice, law enforcement, the courts, corrections, schools, and related services, in the establishment, implementation, and operation of projects and activities for which financial assistance is provided under this subchapter.

National recidivism measure

The Administrator, in accordance with applicable confidentiality requirements and in consultation with experts in the field of juvenile justice research, recidivism, and data collection, shall—

establish a uniform method of data collection and technology that States may use to evaluate data on juvenile recidivism on an annual basis;

establish a common national juvenile recidivism measurement system; and

make cumulative juvenile recidivism data that is collected from States available to the public.

Footnotes

1 So in original. There is no cl. (xv).
2 So in original. Probably should be “States”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2002
Juvenile Justice and Delinquency Prevention Act of 1974
Pub. L. 93–415 title II § 251 · [88 Stat. 1109]
Enacted · 34 U.S.C. § 11161
Pub. L. 93–415, title II, § 251, as added Pub. L. 107–273, div. C, title II, § 12211, Nov. 2, 2002, 116 Stat. 1888
Source evidence
Code source credit
Pub. L. 93–415, title II, § 251, as added Pub. L. 107–273, div. C, title II, § 12211, Nov. 2, 2002, 116 Stat. 1888
Enacted provision · exact public law section
Sec. 251. enrollment for training program (a) Any person seeking to enroll in the training program established under section 249 shall transmit an application to the Administrator, in such form and according to such procedures as the Administrator may prescribe. (b) The Administrator shall make the final determination with respect to the admittance of any person to the training program. The Administrator, in making such determination, shall seek to assure that persons admitted to the training program are broadly representative of the categories described in section 249(b). (c) While studying at the Institute and while traveling in connection with his study (including authorized field trips), each person enrolled in the Institute shall be allowed travel expenses and a per diem allowance in the same manner as prescribed for persons employed intermittently in the Government service under section 5703(b) of title 5, United States Code.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(A)(i) · 132 Stat. 5123
Substituted · 34 U.S.C. § 11161(a)(1)
Pub. L. 115–385, § 207(1)(A)(i), substituted “shall” for “may” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 115–385, § 207(1)(A)(i), substituted “shall” for “may” in introductory provisions.
Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A), by striking “may” and inserting “shall”;
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(A)(ii) · 132 Stat. 5123
Substituted · 34 U.S.C. § 11161(a)(1)(A)
Pub. L. 115–385, § 207(1)(A)(ii), substituted “annually publish a plan to identify” for “plan and identify”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 115–385, § 207(1)(A)(ii), substituted “annually publish a plan to identify” for “plan and identify”.
Enacted provision · exact public law section
(ii) in subparagraph (A), by striking “plan and identify” and inserting “annually publish a plan to identify”; and
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(A)(iii)(I) · 132 Stat. 5123
1. Added · 34 U.S.C. § 11161(a)(1)(B)(iii)
  Pub. L. 115–385, § 207(1)(A)(iii)(I), added cl. (iii)
2. Struck · 34 U.S.C. § 11161(a)(1)(B)(iii)
  Pub. L. 115–385, § 207(1)(A)(iii)(I), struck out former cl. (iii) which read as follows: “successful efforts to prevent first-time minor offenders from committing subsequent involvement in serious crime;”
Source evidence
Code amendment note
Subsec. (a)(1)(B)(iii). Pub. L. 115–385, § 207(1)(A)(iii)(I), added cl. (iii) and struck out former cl. (iii) which read as follows: “successful efforts to prevent first-time minor offenders from committing subsequent involvement in serious crime;”.
Enacted provision · exact public law section
(I) by striking clause (iii) and inserting the following: “(iii) successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the juvenile justice and criminal justice systems;” ;
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(A)(iii)(II) · 132 Stat. 5123
1. Added · 34 U.S.C. § 11161(a)(1)(B)(vii)
  Pub. L. 115–385, § 207(1)(A)(iii)(II), added cl. (vii)
2. Struck · 34 U.S.C. § 11161(a)(1)(B)(vii)
  Pub. L. 115–385, § 207(1)(A)(iii)(II), struck out former cl. (vii) which read as follows: “appropriate mental health services for juveniles and youth at risk of participating in delinquent activities;”
Source evidence
Code amendment note
Subsec. (a)(1)(B)(vii). Pub. L. 115–385, § 207(1)(A)(iii)(II), added cl. (vii) and struck out former cl. (vii) which read as follows: “appropriate mental health services for juveniles and youth at risk of participating in delinquent activities;”.
Enacted provision · exact public law section
(II) by striking clause (vii) and inserting the following: “(vii) the prevalence and duration of behavioral health needs (including mental health, substance abuse, and co-occurring disorders) among juveniles pre-placement and post-placement in the juvenile justice system, including an examination of the effects of secure detention in a correctional facility;” ;
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(A)(iii)(III) · 132 Stat. 5123
1. Added · 34 U.S.C. § 11161(a)(1)(B)(ix)(xviii)
  Pub. L. 115–385, § 207(1)(A)(iii)(III), (IV), added cls. (ix) to (xiv)
2. Redesignated · 34 U.S.C. § 11161(a)(1)(B)(ix)(xviii)
  Pub. L. 115–385, § 207(1)(A)(iii)(III), (IV), redesignated former cls. (ix) to (xi) as (xvi) to (xviii), respectively
Source evidence
Code amendment note
Subsec. (a)(1)(B)(ix) to (xviii). Pub. L. 115–385, § 207(1)(A)(iii)(III), (IV), added cls. (ix) to (xiv) and redesignated former cls. (ix) to (xi) as (xvi) to (xviii), respectively.
Enacted provision · exact public law section
(III) by redesignating clauses (ix), (x), and (xi) as clauses (xvi), (xvii), and (xviii), respectively; and
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(B)(i) · 132 Stat. 5123
1. Substituted · 34 U.S.C. § 11161(a)(4)
  Pub. L. 115–385, § 207(1)(B)(i), in introductory provisions, substituted “December 21, 2018” for “November 2, 2002”
2. Inserted · 34 U.S.C. § 11161(a)(4)
  Pub. L. 115–385, § 207(1)(B)(i), in introductory provisions, inserted “in accordance with applicable confidentiality requirements” after “wards of the State”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 115–385, § 207(1)(B)(i), in introductory provisions, substituted “December 21, 2018” for “November 2, 2002” and inserted “in accordance with applicable confidentiality requirements” after “wards of the State”.
Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A)— (I) by striking “date of enactment of this paragraph, the” and inserting “date of enactment of the Juvenile Justice Reform Act of 2018, the”; and (II) by inserting “in accordance with applicable confidentiality requirements” after “wards of the State”; and
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(B)(ii) · 132 Stat. 5123
Inserted · 34 U.S.C. § 11161(a)(4)(D)
Pub. L. 115–385, § 207(1)(B)(ii), inserted “and Indian Tribes” after “State”
Source evidence
Code amendment note
Subsec. (a)(4)(D). Pub. L. 115–385, § 207(1)(B)(ii), inserted “and Indian Tribes” after “State”.
Enacted provision · exact public law section
(ii) in subparagraph (D), by inserting “and Indian Tribes” after “State”;
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(1)(B)(iii) · 132 Stat. 5123
Added · 34 U.S.C. § 11161(a)(4)(H); 34 U.S.C. § 11161(a)(4)(I)
Pub. L. 115–385, § 207(1)(B)(iii)–(v), added subpars. (H) and (I)
Source evidence
Code amendment note
Subsec. (a)(4)(H), (I). Pub. L. 115–385, § 207(1)(B)(iii)–(v), added subpars. (H) and (I).
Enacted provision · exact public law section
(iii) in subparagraph (F), by striking “and” at the end;
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(2) · 132 Stat. 5123
Substituted · 34 U.S.C. § 11161(b)
Pub. L. 115–385, § 207(2), substituted “shall” for “may” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–385, § 207(2), substituted “shall” for “may” in introductory provisions.
Enacted provision · exact public law section
(2) in subsection (b), in the matter preceding paragraph (1), by striking “may” and inserting “shall”; and
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.
2018
Juvenile Justice Reform Act of 2018
Pub. L. 115–385 § 207(3) · 132 Stat. 5123
Added · 34 U.S.C. § 11161(f)
Pub. L. 115–385, § 207(3), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 115–385, § 207(3), added subsec. (f).
Enacted provision · exact public law section
(3) by adding at the end the following: “(f) National Recidivism Measure.— The Administrator, in accordance with applicable confidentiality requirements and in consultation with experts in the field of juvenile justice research, recidivism, and data collection, shall— “(1) establish a uniform method of data collection and technology that States may use to evaluate data on juvenile recidivism on an annual basis; “(2) establish a common national juvenile recidivism measurement system; and “(3) make cumulative juvenile recidivism data that is collected from States available to the public.” .
Effective date note
Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.

15 of 15 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 5661 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–385, § 207(1)(A)(i), substituted “shall” for “may” in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 115–385, § 207(1)(A)(ii), substituted “annually publish a plan to identify” for “plan and identify”.

Subsec. (a)(1)(B)(iii). Pub. L. 115–385, § 207(1)(A)(iii)(I), added cl. (iii) and struck out former cl. (iii) which read as follows: “successful efforts to prevent first-time minor offenders from committing subsequent involvement in serious crime;”.

Subsec. (a)(1)(B)(vii). Pub. L. 115–385, § 207(1)(A)(iii)(II), added cl. (vii) and struck out former cl. (vii) which read as follows: “appropriate mental health services for juveniles and youth at risk of participating in delinquent activities;”.

Subsec. (a)(1)(B)(ix) to (xviii). Pub. L. 115–385, § 207(1)(A)(iii)(III), (IV), added cls. (ix) to (xiv) and redesignated former cls. (ix) to (xi) as (xvi) to (xviii), respectively.

Subsec. (a)(4). Pub. L. 115–385, § 207(1)(B)(i), in introductory provisions, substituted “December 21, 2018” for “November 2, 2002” and inserted “in accordance with applicable confidentiality requirements” after “wards of the State”.

Subsec. (a)(4)(D). Pub. L. 115–385, § 207(1)(B)(ii), inserted “and Indian Tribes” after “State”.

Subsec. (a)(4)(H), (I). Pub. L. 115–385, § 207(1)(B)(iii)–(v), added subpars. (H) and (I).

Subsec. (b). Pub. L. 115–385, § 207(2), substituted “shall” for “may” in introductory provisions.

Subsec. (f). Pub. L. 115–385, § 207(3), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.

Effective Date

Part effective on the first day of the first fiscal year that begins after Nov. 2, 2002, and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107–273, set out as an Effective Date of 2002 Amendment note under section 11101 of this title.

Credits

2002–2018 · 2 acts

2002Pub. L. 93–415, title II, § 251, as added Pub. L. 107–273, div. C, title II, § 12211, Nov. 2, 2002, 116 Stat. 1888
2018amended Pub. L. 115–385, title II, § 207, Dec. 21, 2018, 132 Stat. 5140.

Show as published

(Pub. L. 93–415, title II, § 251, as added Pub. L. 107–273, div. C, title II, § 12211, Nov. 2, 2002, 116 Stat. 1888; amended Pub. L. 115–385, title II, § 207, Dec. 21, 2018, 132 Stat. 5140.)