S 993 IS
106th CONGRESS
1st Session
S. 993
To prevent juvenile crime, provide for certain punishment of juvenile delinquents, and incapacitate violent juvenile criminals, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 10, 1999
Mr. BIDEN introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To prevent juvenile crime, provide for certain punishment of juvenile delinquents, and incapacitate violent juvenile criminals, 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 and Delinquency Prevention Act of 1999'.
SEC. 2. BLOCK GRANT PROGRAM.
(a) IN GENERAL- Part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as follows:
`PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
`SEC. 1801. PROGRAM AUTHORIZED.
`(a) IN GENERAL- The Attorney General shall make, subject to the availability of appropriations, grants to States for use by States and units of local government in planning, establishing, operating, coordinating, and evaluating projects, directly or through grants and contracts with public and private agencies, for the development of more effective investigation, prosecution, and punishment (including the imposition of graduated sanctions) of crimes or acts of delinquency committed by juveniles, programs to improve the administration of justice for and ensure accountability by juvenile offenders, and programs to reduce the risk factors (such as truancy, drug or alcohol use, and gang involvement) associated with juvenile crime or delinquency.
`(1) IN GENERAL- Subject to paragraph (2), grants under this section shall be used by States and units of local government for the following purposes:
`(A) Programs to enhance the identification, investigation, prosecution, and punishment of juvenile offenders, such as--
`(i) the utilization of graduated sanctions;
`(ii) the utilization of short-term confinement of juvenile offenders;
`(iii) the incarceration of violent juvenile offenders for extended periods of time;
`(iv) the hiring of juvenile prosecutors, juvenile public defenders, juvenile judges, juvenile probation officers, and juvenile correctional officers to implement policies to control juvenile crime and ensure accountability of juvenile offenders; and
`(v) the development and implementation of a coordinated, multiagency system for--
`(I) the comprehensive and coordinated booking, identification, and assessment of juveniles arrested or detained by law enforcement agencies, including the utilization of multiagency facilities such as juvenile assessment centers; and
`(II) the coordinated delivery of support services for juveniles who have had or are at risk for contact with the juvenile or criminal systems, including utilization of court-established local service delivery councils.
`(B) Programs that require juvenile offenders to make restitution to the victims of offenses committed by those juvenile offenders.
`(C) Programs that require juvenile offenders to attend and successfully complete school or vocational training as part of a sentence imposed by a court.
`(D) Programs that require juvenile offenders who are parents to demonstrate parental responsibility by working and paying child support.
`(E) Programs that seek to curb or punish truancy.
`(F) Programs designed to collect, record, retain, and disseminate information useful in the identification, prosecution, and sentencing of juvenile offenders, such as criminal history information, fingerprints, DNA tests, and ballistics tests.
`(G) The development and implementation of coordinated multijurisdictional or multiagency programs for the identification, control, supervision, prevention, investigation, and treatment of the most serious juvenile offenses and offenders, popularly known as a `SHOCAP Program' (Serious Habitual Offenders Comprehensive Action Program).
`(H) The development and implementation of coordinated multijurisdictional or multiagency programs for the identification, control, supervision, prevention, investigation, and disruption of youth gangs.
`(I) The construction or remodeling of short- and long-term facilities for juvenile offenders.
`(J) The development and implementation of technology, equipment, and training programs for juvenile crime control, for law enforcement officers, judges, prosecutors, probation officers, and other court personnel who are employed by State and local governments, in furtherance of the purposes identified in this section.
`(K) Programs to seek to target, curb, and punish adults who knowingly and intentionally use a juvenile during the commission or attempted commission of a crime, including programs that specifically provide for additional
punishments or sentence enhancements for adults who knowingly and intentionally use a juvenile during the commission or attempted commission of a crime.
`(L)(i) Hiring additional juvenile judges, probation officers, and court-appointed defenders, and funding pretrial services for juveniles, to ensure the smooth and expeditious administration of the juvenile justice system.
`(ii) Hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and backlogs reduced.
`(iii) Providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively.
`(iv) Providing funding for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders.
`(v) Providing funding to enable juvenile courts and juvenile probation offices to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism.
`(vi) The establishment of court-based juvenile justice programs that target young firearms offenders through the establishment of juvenile gun courts for the adjudication and prosecution of juvenile firearms offenders.
`(vii) The establishment of drug court programs for juveniles so as to provide continuing judicial supervision over juvenile offenders with substance abuse problems and to provide the integrated administration of other sanctions and services.
`(M) Juvenile prevention programs (such as curfews, youth organizations, antidrug programs, antigang programs, and after-school activities) that include a rigorous, comprehensive evaluation component that measures the decrease in risk factors associated with the juvenile crime and delinquency and employs scientifically valid standards and methodologies.
`(N) Juvenile drug treatment programs.
`(2) ALLOCATION- Of the total amount made available to a State or unit of local government under this section for a fiscal year--
`(A) not less than 25 percent shall be used for the purposes set forth in subparagraphs (A) through (I) of paragraph (1);
`(B) not less than 25 percent shall be used for the purposes set forth in subparagraphs (J) and (L) of paragraph (1); and
`(C) not less than 25 percent shall be used for the purposes set forth in subparagraphs (M) and (N) of paragraph (1).
`(c) ALLOCATION AND DISTRIBUTION OF STATE GRANTS-
`(A) STATE AND LOCAL DISTRIBUTION- Subject to subparagraph (B), of amounts made available to the State, 30 percent may be retained by the State for use pursuant to paragraph (2) and 70 percent shall be reserved by the State for local distribution pursuant to paragraph (3).
`(B) SPECIAL RULE- The Attorney General may waive the requirements of this paragraph with respect to any State in which the criminal and juvenile justice services for delinquent or other youths are organized primarily on a statewide basis, in which case not more than 50 percent of funds shall be made available to all units of local government in that State pursuant to paragraph (3).
`(2) LOCAL ELIGIBILITY AND DISTRIBUTION-
`(A) COORDINATED LOCAL EFFORT- Prior to receiving a grant under this section, a unit of local government shall certify that it has or will establish a coordinated enforcement plan for reducing juvenile crime within the jurisdiction of the unit of local government, developed by a juvenile crime enforcement coalition, such coalition consisting of individuals within the jurisdiction representing the police, sheriff, prosecutor, State or local probation services, juvenile court, schools, business, and religious affiliated, fraternal, nonprofit, or social service organizations involved in crime prevention.
`(B) SPECIAL RULE- The requirement of subparagraph (A) shall apply to an eligible unit that receives funds from the Attorney General under subparagraph (H), except that the certification that would otherwise be made to the State shall be made to the Attorney General.
`(C) LOCAL DISTRIBUTION- From amounts reserved for local distribution under paragraph (1), the State shall allocate to such units of local government an amount that bears the same ratio to the aggregate amount of such funds as--
`(aa) two-thirds; multiplied by
`(bb) the average law enforcement expenditure for such unit of local government for the 3 most recent calendar years for which such data is available; plus
`(aa) one-third; multiplied by
`(bb) the average annual number of part 1 violent crimes in such unit of local government for the 3 most recent calendar years for which such data is available, bears to--
`(ii) the sum of the products determined under subparagraph (A) for all such units of local government in the State.
`(D) EXPENDITURES- The allocation any unit of local government shall receive under
paragraph (1) for a payment period shall not exceed 100 percent of law enforcement expenditures of the unit for such payment period.
`(E) REALLOCATION- The amount of any unit of local government's allocation that is not available to such unit by operation of paragraph (2) shall be available to other units of local government that are not affected by such operation in accordance with this subsection.
`(F) UNAVAILABILITY OF DATA FOR UNITS OF LOCAL GOVERNMENT- If the State has reason to believe that the reported rate of part 1 violent crimes or law enforcement expenditure for a unit of local government is insufficient or inaccurate, the State shall--
`(i) investigate the methodology used by the unit to determine the accuracy of the submitted data; and
`(ii) if necessary, use the best available comparable data regarding the number of violent crimes or law enforcement expenditure for the relevant years for the unit of local government.
`(G) LOCAL GOVERNMENT WITH ALLOCATIONS LESS THAN $5,000- If, under this section, a unit of local government is allocated less than $5,000 for a payment period, the amount allocated shall be expended by the State on services to units of local government whose allotment is less than such amount in a manner consistent with this part.
`(H) DIRECT GRANTS TO ELIGIBLE UNITS-
`(i) IN GENERAL- If a State does not qualify or apply for a grant under this section, by the application deadline established by the Attorney General, the Attorney General shall reserve not more than 70 percent of the allocation that the State would have received for grants under this section under subsection (e) for such fiscal year to provide grants to eligible units that meet the requirements for funding under subparagraph (A).
`(ii) AWARD BASIS- In addition to the qualification requirements for direct grants for eligible units the Attorney General may use the average amount allocated by the States to like governmental units as a basis for awarding grants under this section.
`(I) USE OF CONSTRUCTION AND REMODELING FUNDS BY UNITS OF LOCAL GOVERNMENT- Of amounts made available under this section to a unit of local government for purposes of construction or remodeling of short- or long-term facilities pursuant to subsection (b)(9)--
`(i) the unit of local government shall coordinate such expenditures with similar State expenditures;
`(ii) Federal funds shall constitute not more than 50 percent of the estimated construction or remodeling cost; and
`(iii) no funds expended pursuant to this clause may be used for the incarceration of any offender who was more than 21 years of age at the time of the offense or for construction, renovation, or expansion of facilities for such offenders, except that funds may be used to construct juvenile facilities collocated with adult facilities, including separate buildings for juveniles and separate juvenile wings, cells, or areas collocated within an adult jail or lockup.
`(3) NONSUPPLANTATION- Amounts made available under this section to the States (or units of local government in the State) shall not be used to supplant State or local funds (or in the case of Indian tribal governments, to supplant amounts provided by the Bureau of Indian Affairs) but shall be used to increase the amount of funds that would in the absence of amounts received under this section, be made available from a State or local source, or in the case of Indian tribal governments, from amounts provided by the Bureau of Indian Affairs.
`(e) ALLOCATION OF GRANTS AMONG QUALIFYING STATES; RESTRICTIONS ON USE-
`(1) ALLOCATION- Amounts made available under this section shall be allocated as follows:
`(A) 0.5 percent shall be allocated to each eligible State.
`(B) The amount remaining after the allocation under subparagraph (A) shall be allocated proportionately based on the population that is less than 18 years of age in the eligible States.
`(2) RESTRICTIONS ON USE- Amounts made available under this section shall be subject to the restrictions of subsections (a) and (b) of section 292 of the Juvenile Justice and Delinquency Prevention Act of 1974, except that the penalties in section 292(c) of such Act do not apply.
`(f) GRANTS TO INDIAN TRIBES-
`(1) RESERVATION OF FUNDS- Notwithstanding any other provision of law, from the amounts appropriated pursuant to section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974, for each fiscal year, the Attorney General shall reserve an amount equal to the amount to which all Indian tribes eligible to receive a grant under paragraph (3) would collectively be entitled, if such tribes were collectively treated as a State to carry out this subsection.
`(2) GRANTS TO INDIAN TRIBES- From the amounts reserved under paragraph (1), the Attorney General shall make grants to Indian tribes for programs pursuant to the permissible purposes under section 1801.
`(3) APPLICATIONS- To be eligible to receive a grant under this subsection, an Indian tribe shall submit to the Attorney General an application in
such form and containing such information as the Attorney General may by regulation require.'.
SEC. 3. AUTHORITY TO MAKE GRANTS TO PROSECUTORS' OFFICES TO COMBAT GANG CRIME AND YOUTH VIOLENCE.
Section 31702 of subtitle Q of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
`(5) to allow the hiring of additional prosecutors, so that more cases can be prosecuted and backlogs reduced;
`(6) to provide funding to enable prosecutors to address drug, gang, and youth violence problems more effectively;
`(7) to provide funding to assist prosecutors with funding for technology, equipment, and training to assist prosecutors in reducing the incidence of, and increase the successful identification and speed of prosecution of young violent offenders; and
`(8) to provide funding to assist prosecutors in their efforts to engage in community prosecution, problem solving, and conflict resolution techniques through collaborative efforts with police, school officials, probation officers, social service agencies, and community organizations.'.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended by striking subsections (a), (b), and (c) and inserting the following:
`(a) IN GENERAL- There are authorized to be appropriated to carry out this title $1,000,000,000 for each of fiscal years 2000 through 2004.
`(b) ALLOCATION OF APPROPRIATIONS- Of the amount made available under subsection (a) for each fiscal year--
`(1) $450,000,000 is authorized to be expended for programs under section 1801 of part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.)--
`(2) $175,000,000 is authorized to be expended for State formula grants under part B of this title;
`(3) $175,000,000 is authorized to be expended for grants under title V of this Act;
`(4) $50,000,000 is authorized to be made available to the National Institute for Juvenile Justice and Delinquency Prevention for research, demonstration, and evaluation;
`(5) $100,000,000 is authorized to be expended to carry out the purposes of parts A, C, D, E, and G of this title; and
`(6) $50,000,000 is authorized to be expended for grants to prosecutors and courts under section 31702 of subtitle Q of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862).
`(c) AVAILABILITY- Amounts made available under this section shall remain available until expended.'.
(b) TECHNICAL AND CONFORMING AMENDMENTS- Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5711 et seq.) is amended--
(1) in section 221(b)(2), in the second sentence, by striking `described in section 299(c)(1)' and inserting `responsible for supervising the preparation and administration of the State plan submitted under section 223';
(2) in section 222(a)(2)(B), by striking `section 299(a) (1) and (3)' and inserting `section 299'; and
(3) in section 223(a)(1), by striking `the State agency described in section 299(c)(1) as the sole agency' and inserting `the State agency responsible'.
SEC. 5. RUNAWAY AND HOMELESS YOUTH.
(a) IN GENERAL- Section 372(a)(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5714b(a)(3)) is amended by striking `unit of general local government' and inserting `unit of local government'.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) TECHNICAL AMENDMENTS-
(A) ERROR RESULTING FROM REDESIGNATION-
(i) IN GENERAL- Section 3(i) of Public Law 102-586 (106 Stat. 5026) is amended by striking `Section 366' and inserting `Section 385'.
(ii) EFFECTIVE DATE- The amendment made by clause (i) shall take effect as if included in the amendments made by Public Law 102-586.
(B) ERROR RESULTING FROM REFERENCES TO NONEXISTENT PROVISIONS OF LAW-
(i) IN GENERAL- Section 40155 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1922) is amended by striking `is amended--' and all that follows through `after section 315' and inserting the following: `is amended by adding at the end'.
(ii) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take effect as if included in the amendments made by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1796 et seq.).
(A) IN GENERAL- Section 385 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5751) (as amended by section 3(i) of Public Law 102-586 (106 Stat. 5026) (as amended by subsection (a)(1)(A) of this subsection)) is amended--
(I) in paragraph (1), by striking `1993 and such sums as may be necessary for fiscal years 1994, 1995,
and 1996' and inserting `2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004'; and
(II) in paragraph (3), by striking subparagraphs (A) through (D) and inserting the following:
`(A) for fiscal year 2000, not less than $1,055,406;
`(B) for fiscal year 2001, not less than $1,108,177;
`(C) for fiscal year 2002, not less than $1,163,585; and
`(D) for fiscal year 2003, not less than $1,163,585.';
(ii) in subsection (b), by striking `1993 and such sums as may be necessary for fiscal years 1994, 1995, and 1996' and inserting `2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004'; and
(iii) in subsection (c), by striking `1993, 1994, 1995, and 1996' and inserting `2000, 2001, 2002, 2003, and 2004'.
(B) ADDITIONAL REAUTHORIZATION- Section 316 of part A of the Runaway and Homeless Youth Act (42 U.S.C. 5712d) (as added by section 40155 of the Violent Crime Control and Law Enforcement Act of 1994 (as amended by paragraph (1)(B) of this subsection)) is--
(i) redesignated as section 315 of part A of the Runaway and Homeless Youth Act; and
(ii) amended by striking subsection (c) and inserting the following:
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.'.
SEC. 6. GUN BAN FOR DANGEROUS JUVENILE OFFENDERS.
(a) DEFINITION- Section 921(a)(20) of title 18, United States Code, is amended--
(1) by inserting `(A)' after `(20)';
(2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(3) by striking `What constitutes' and all that follows through the period at the end of the paragraph and inserting the following:
`(B) For purposes of subsections (d), (g), and (s) of section 922, the term `act of juvenile delinquency' means an adjudication of delinquency based on a finding of the commission of an act by a person before the eighteenth birthday of that person that, if committed by an adult, would be a serious drug offense or violent felony (as defined in section 3559(c)(2)), on or after the date of enactment of this subparagraph.
`(C)(i) What constitutes a conviction of a crime described in subparagraph (A) or an adjudication of juvenile delinquency shall be determined in accordance with law of the jurisdiction in which the proceedings were held.
`(ii) Any State conviction or adjudication of delinquency that has been expunged or set aside for which a person has been pardoned or has had civil rights restored by the jurisdiction in which the conviction or adjudication of delinquency occurred shall nevertheless be considered a conviction or adjudication of delinquency unless--
`(I) the expunction, set-aside, pardon, or restoration of civil rights is directed to a specific person;
`(II) the State authority granting the expunction, set aside, pardon, or restoration of civil rights has expressly determined that the circumstances regarding the conviction and the person's record and reputation are such that the person will not act in a manner dangerous to public safety; and
`(III) the expunction, set aside, pardon, or restoration of civil rights expressly authorizes the person to ship, transport, receive, or possess firearms.
`(iii) The requirement of this subparagraph for an individualized restoration of rights shall apply whether or not, under State law, the person's civil rights were taken away by virtue of the conviction or adjudication.'.
(b) PROHIBITION- Section 922 of title 18, United States Code is amended--
(A) in paragraph (8), by striking `or' at the end;
(B) in paragraph (9), by striking the period at the end and inserting `; or'; and
(C) by inserting after paragraph (9) the following:
`(10) who has committed an act of juvenile delinquency.';
(A) in paragraph (8), by striking `or' at the end;
(B) in paragraph (9), by striking the period at the end and inserting `; or', and
(C) by inserting after paragraph (9) the following:
`(10) who has committed an act of juvenile delinquency.'; and
(3) in subsection (s)(3)(B)--
(A) in clause (vi), by striking `and' at the end;
(B) in clause (vii), by adding `and' after the semicolon; and
(C) by inserting after clause (vii) the following:
`(viii) has not committed an act of juvenile delinquency.'.
SEC. 7. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) IN GENERAL- Section 310001(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211(b)) is amended--
(1) in paragraph (5), by striking `and' at the end;
(2) in paragraph (6), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
`(7) for fiscal year 2001, $4,400,000,000; and
`(8) for fiscal year 2002, $4,500,000,000.'.
(b) CONFORMING DISCRETIONARY SPENDING CAP REDUCTION- Upon enactment of this Act, the discretionary spending limits for fiscal years 2001 and 2002 set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) are reduced as follows:
(1) For fiscal year 2001, $4,400,000,000 in new budget authority and $5,981,000,000 in outlays.
(2) For fiscal year 2002, $4,500,000,000 in new budget authority and $4,530,000,000 in outlays.
END