1. U.S. Code
  2. title 34
  3. subtitle 2
  4. chapter 101
  5. subchapter XVII
  6. § 10406

Collapse to view only § 10406. Payment requirements

§ 10401. Program authorized
(a) In general
(b) Authorized activities
Amounts paid to a State or a unit of local government under this subchapter shall be used by the State or unit of local government for the purpose of strengthening the juvenile justice system, which includes—
(1) developing, implementing, and administering graduated sanctions for juvenile offenders;
(2) building, expanding, renovating, or operating temporary or permanent juvenile correction, detention, or community corrections facilities;
(3) hiring juvenile court judges, probation officers, and court-appointed defenders and special advocates, and funding pretrial services (including mental health screening and assessment) for juvenile offenders, to promote the effective and expeditious administration of the juvenile justice system;
(4) hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and case backlogs reduced;
(5) providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively and for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders;
(6) establishing and maintaining training programs for law enforcement and other court personnel with respect to preventing and controlling juvenile crime;
(7) establishing juvenile gun courts for the prosecution and adjudication of juvenile firearms offenders;
(8) establishing drug court programs for juvenile offenders that provide continuing judicial supervision over juvenile offenders with substance abuse problems and the integrated administration of other sanctions and services for such offenders;
(9) establishing and maintaining a system of juvenile records designed to promote public safety;
(10) establishing and maintaining interagency information-sharing programs that enable the juvenile and criminal justice systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts;
(11) establishing and maintaining accountability-based programs designed to reduce recidivism among juveniles who are referred by law enforcement personnel or agencies;
(12) establishing and maintaining programs to conduct risk and need assessments of juvenile offenders that facilitate the effective early intervention and the provision of comprehensive services, including mental health screening and treatment and substance abuse testing and treatment to such offenders;
(13) establishing and maintaining accountability-based programs that are designed to enhance school safety, which programs may include research-based bullying, cyberbullying, and gang prevention programs;
(14) establishing and maintaining restorative justice programs;
(15) establishing and maintaining programs to enable juvenile courts and juvenile probation officers to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism;
(16) hiring detention and corrections personnel, and establishing and maintaining training programs for such personnel to improve facility practices and programming; or
(17) establishing, improving, and coordinating pre-release and post-release systems and programs to facilitate the successful reentry of juvenile offenders from State or local custody in the community.
(c) Definition
(Pub. L. 90–351, title I, § 1801, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1859; amended Pub. L. 109–162, title XI, §§ 1165, 1186, Jan. 5, 2006, 119 Stat. 3121, 3127.)

CITE AS: 34 USC 10401

§ 10402. Tribal grant program authorized
(a) In general
(b) Eligibility
(c) Awards
(d) Guidelines
(Pub. L. 90–351, title I, § 1801A, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1861.)

CITE AS: 34 USC 10402

§ 10403. Grant eligibility
(a) State eligibilityTo be eligible to receive a grant under this subchapter, a State shall submit to the Attorney General an application at such time, in such form, and containing such assurances and information as the Attorney General may require by guidelines, including—
(1) information about—
(A) the activities proposed to be carried out with such grant; and
(B) the criteria by which the State proposes to assess the effectiveness of such activities on achieving the purposes of this subchapter, including the extent to which evidence-based approaches are utilized; and
(2) assurances that the State and any unit of local government to which the State provides funding under section 10404(b) of this title, has in effect (or shall have in effect, not later than 1 year after the date that the State submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the State submits such application) policies and programs, that provide for a system of graduated sanctions described in subsection (d).
(b) Local eligibility
(1) Subgrant eligibilityTo be eligible to receive a subgrant, a unit of local government, other than a specially qualified unit, shall provide to the State—
(A) information about—
(i) the activities proposed to be carried out with such subgrant; and
(ii) the criteria by which the unit proposes to assess the effectiveness of such activities on achieving the purposes of this subchapter, including the extent to which evidence-based approaches are utilized; and
(B) such assurances as the State shall require, that, to the maximum extent applicable, the unit of local government has in effect (or shall have in effect, not later than 1 year after the date that the unit submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the unit submits such application) policies and programs, that provide for a system of graduated sanctions described in subsection (d).
(2) Special rule
(c) Role of courts
(d) Graduated sanctionsA system of graduated sanctions, which may be discretionary as provided in subsection (e), shall ensure, at a minimum, that—
(1) sanctions are imposed on a juvenile offender for each delinquent offense;
(2) sanctions escalate in intensity with each subsequent, more serious delinquent offense;
(3) there is sufficient flexibility to allow for individualized sanctions and services suited to the individual juvenile offender; and
(4) appropriate consideration is given to public safety and victims of crime.
(e) Discretionary use of sanctions
(1) Voluntary participationA State or unit of local government may be eligible to receive a grant under this subchapter if—
(A) its system of graduated sanctions is discretionary; and
(B) it demonstrates that it has promoted the use of a system of graduated sanctions by taking steps to encourage implementation of such a system by juvenile courts.
(2) Reporting requirement if graduated sanctions not used
(A) Juvenile courtsA State or unit of local government in which the imposition of graduated sanctions is discretionary shall require each juvenile court within its jurisdiction—
(i) which has not implemented a system of graduated sanctions, to submit an annual report that explains why such court did not implement graduated sanctions; and
(ii) which has implemented a system of graduated sanctions but has not imposed graduated sanctions in all cases, to submit an annual report that explains why such court did not impose graduated sanctions in all cases.
(B) Units of local government
(C) States
(f) DefinitionsIn this section:
(1) Discretionary
(2) Sanctions
(Pub. L. 90–351, title I, § 1802, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1861; amended Pub. L. 109–162, title XI, § 1168(a), formerly § 1168, Jan. 5, 2006, 119 Stat. 3122, renumbered § 1168(a), Pub. L. 109–271, § 8(n)(5)(A), Aug. 12, 2006, 120 Stat. 768.)

CITE AS: 34 USC 10403

§ 10404. Allocation and distribution of funds
(a) State allocation
(1) In generalIn accordance with regulations promulgated pursuant to this subchapter and except as provided in paragraph (3), the Attorney General shall allocate—
(A) 0.50 percent for each State; and
(B) of the total funds remaining after the allocation under subparagraph (A), to each State, an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of people under the age of 18 living in such State for the most recent calendar year in which such data is available bears to the population of people under the age of 18 of all the States for such fiscal year.
(2) Prohibition
(b) Local distribution
(1) In general
(2) WaiverIf a State submits to the Attorney General an application for waiver that demonstrates and certifies to the Attorney General that—
(A) the State’s juvenile justice expenditures in the fiscal year preceding the date in which an application is submitted under this subchapter (the “State percentage”) is more than 25 percent of the aggregate amount of juvenile justice expenditures by the State and its eligible units of local government; and
(B) the State has consulted with as many units of local government in such State, or organizations representing such units, as practicable regarding the State’s calculation of expenditures under subparagraph (A), the State’s application for waiver under this paragraph, and the State’s proposed uses of funds.
(3) AllocationIn making the distribution under paragraph (1), the State shall allocate to such units of local government an amount which bears the same ratio to the aggregate amount of such funds as—
(A) the sum of—
(i) the product of—(I) three-quarters; multiplied by(II) the average juvenile justice expenditure for such unit of local government for the 3 most recent calendar years for which such data is available; plus
(ii) the product of—(I) one-quarter; multiplied by(II) 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—
(B) the sum of the products determined under subparagraph (A) for all such units of local government in the State.
(4) Expenditures
(5) Reallocation
(c) Unavailability of data for units of local governmentIf the State has reason to believe that the reported rate of part 1 violent crimes or juvenile justice expenditures for a unit of local government is insufficient or inaccurate, the State shall—
(1) investigate the methodology used by the unit to determine the accuracy of the submitted data; and
(2) if necessary, use the best available comparable data regarding the number of violent crimes or juvenile justice expenditures for the relevant years for the unit of local government.
(d) Local government with allocations less than $10,000
(e) Direct grants to specially qualified units
(1) In general
(2) Award basis
(Pub. L. 90–351, title I, § 1803, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1863.)

CITE AS: 34 USC 10404

§ 10405. Guidelines
(a) In general
(b) Advisory board
(1) In general
(2) Membership
The board shall include representation from, if appropriate—
(A) the State or local police department;
(B) the local sheriff’s department;
(C) the State or local prosecutor’s office;
(D) the State or local juvenile court;
(E) the State or local probation office;
(F) the State or local educational agency;
(G) a State or local social service agency;
(H) a nonprofit, nongovernmental victim advocacy organization; and
(I) a nonprofit, religious, or community group.
(Pub. L. 90–351, title I, § 1804, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.)

CITE AS: 34 USC 10405

§ 10406. Payment requirements
(a) Timing of payments
The Attorney General shall pay to each State or specifically 1
1 So in original. Probably should be “specially”.
qualified unit of local government that receives funds under section 10404 of this title that has submitted an application under this subchapter the amount awarded to such State or unit of local government not later than the later of—
(1) the date that is 180 days after the date that the amount is available; or
(2) the first day of the payment period if the State has provided the Attorney General with the assurances required by subsection (c).
(b) Repayment of unexpended amounts
(1) Repayment required
(2) Extension
Penalty for failure to repay
(4) Deposit of amounts repaid
(c) Administrative costs
(d) Nonsupplanting requirement
(e) Matching funds
(1) In general
(2) Construction of facilities
(Pub. L. 90–351, title I, § 1805, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.)

CITE AS: 34 USC 10406

§ 10407. Utilization of private sector

Funds or a portion of funds allocated under this subchapter may be used by a State or unit of local government that receives a grant under this subchapter to contract with private, nonprofit entities, or community-based organizations to carry out the purposes specified under section 10401(b) of this title.

(Pub. L. 90–351, title I, § 1806, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.)

CITE AS: 34 USC 10407

§ 10408. Administrative provisions
(a) In general
A State or specially qualified unit that receives funds under this subchapter shall—
(1) establish a trust fund in which the government will deposit all payments received under this subchapter;
(2) use amounts in the trust fund (including interest) during the period specified in section 10406(b)(1) of this title and any extension of that period under section 10406(b)(2) of this title;
(3) designate an official of the State or specially qualified unit to submit reports as the Attorney General reasonably requires, in addition to the annual reports required under this subchapter; and
(4) spend the funds only for the purpose of strengthening the juvenile justice system.
(b) Chapter provisions
(Pub. L. 90–351, title I, § 1807, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.)

CITE AS: 34 USC 10408

§ 10409. Assessment reports
(a) Reports to Attorney General
(1) In general
(2) Grant report
Each grant report required by paragraph (1) shall include—
(A) a summary of the activities carried out with such grant;
(B) if such activities included any subgrant, a summary of the activities carried out with each such subgrant; and
(C) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter.
(3) Subgrant report
Each subgrant report required by paragraph (1) shall include—
(A) a summary of the activities carried out with such subgrant; and
(B) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter.
(4) Waivers
The Attorney General may waive the requirement of an assessment in paragraph (2)(C) for a State or specially qualified unit of local government, or in paragraph (3)(B) for a unit of local government, if the Attorney General determines that—
(A) the nature of the activities are such that assessing their effectiveness would not be practical or insightful;
(B) the amount of the grant or subgrant is such that carrying out the assessment would not be an effective use of those amounts; or
(C) the resources available to the State or unit are such that carrying out the assessment would pose a financial hardship on the State or unit.
(b) Reports to Congress
Not later than 120 days after the last day of each fiscal year for which 1 or more grants are awarded under this subchapter, the Attorney General shall submit to Congress a report, which shall include—
(1) a summary of the information provided under subsection (a);
(2) an assessment by the Attorney General of the grant program carried out under this subchapter; and
(3) such other information as the Attorney General considers appropriate.
(Pub. L. 90–351, title I, § 1808, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.)

CITE AS: 34 USC 10409

§ 10410. DefinitionsIn this subchapter:
(1) Unit of local governmentThe term “unit of local government” means—
(A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of local government as determined by the Secretary of Commerce for general statistical purposes;
(B) any law enforcement district or judicial enforcement district that—
(i) is established under applicable State law; and
(ii) has the authority, in a manner independent of other State entities, to establish a budget and raise revenues; and
(C) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers.
(2) Specially qualified unit
(3) StateThe term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, except that—
(A) the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands (the “partial States”) shall collectively be considered as 1 State; and
(B) for purposes of section 10404(a) of this title, the amount allocated to a partial State shall bear the same proportion to the amount collectively allocated to the partial States as the population of the partial State bears to the collective population of the partial States.
(4) Juvenile
(5) Juvenile justice expendituresThe term “juvenile justice expenditures” means expenditures in connection with the juvenile justice system, including expenditures in connection with such system to carry out—
(A) activities specified in section 10401(b) of this title; and
(B) other activities associated with prosecutorial and judicial services and corrections as reported to the Bureau of the Census for the fiscal year preceding the fiscal year for which a determination is made under this subchapter.
(6) Part 1 violent crimes
(Pub. L. 90–351, title I, § 1809, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.)

CITE AS: 34 USC 10410