Collapse to view only § 11101. Findings
§ 11101. Findings
(a) The Congress finds the following:
(1) Although the juvenile violent crime arrest rate in 1999 was the lowest in the decade, there remains a consensus that the number of crimes and the rate of offending by juveniles nationwide is still too high.
(2) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually.
(3) One in every 6 individuals (16.2 percent) arrested for committing violent crime in 1999 was less than 18 years of age. In 1999, juveniles accounted for 9 percent of murder arrests, 17 percent of forcible rape arrests, 25 percent of robbery arrest, 14 percent of aggravated assault arrests, and 24 percent of weapons arrests.
(4) More than ½ of juvenile murder victims are killed with firearms. Of the nearly 1,800 murder victims less than 18 years of age, 17 percent of the victims less than 13 years of age were murdered with a firearm, and 81 percent of the victims 13 years of age or older were killed with a firearm.
(5) Juveniles accounted for 13 percent of all drug abuse violation arrests in 1999. Between 1990 and 1999, juvenile arrests for drug abuse violations rose 132 percent.
(6) Over the last 3 decades, youth gang problems have increased nationwide. In the 1970’s, 19 States reported youth gang problems. By the late 1990’s, all 50 States and the District of Columbia reported gang problems. For the same period, the number of cities reporting youth gang problems grew 843 percent, and the number of counties reporting gang problems increased more than 1,000 percent.
(7) According to a national crime survey of individuals 12 years of age or older during 1999, those 12 to 19 years old are victims of violent crime at higher rates than individuals in all other age groups. Only 30.8 percent of these violent victimizations were reported by youth to police in 1999.
(8) One-fifth of juveniles 16 years of age who had been arrested were first arrested before attaining 12 years of age. Juveniles who are known to the juvenile justice system before attaining 13 years of age are responsible for a disproportionate share of serious crimes and violence.
(9) The increase in the arrest rates for girls and young juvenile offenders has changed the composition of violent offenders entering the juvenile justice system.
(10) These problems should be addressed through a 2-track common sense approach that addresses the needs of individual juveniles and society at large by promoting—
(A) quality prevention programs that—
(i) work with juveniles, their families, local public agencies, and community-based organizations, and take into consideration such factors as whether or not juveniles have been the victims of family violence (including child abuse and neglect); and
(ii) are designed to reduce risks and develop competencies in at-risk juveniles that will prevent, and reduce the rate of, violent delinquent behavior; and
(B) programs that assist in holding juveniles accountable for their actions and in developing the competencies necessary to become responsible and productive members of their communities, including a system of graduated sanctions to respond to each delinquent act, requiring juveniles to make restitution, or perform community service, for the damage caused by their delinquent acts, and methods for increasing victim satisfaction with respect to the penalties imposed on juveniles for their acts.
(11) Coordinated juvenile justice and delinquency prevention projects that meet the needs of juveniles through the collaboration of the many local service systems juveniles encounter can help prevent juveniles from becoming delinquent and help delinquent youth return to a productive life.
(b) Congress must act now to reform this program by focusing on juvenile delinquency prevention programs, as well as programs that hold juveniles accountable for their acts and which provide opportunities for competency development. Without true reform, the juvenile justice system will not be able to overcome the challenges it will face in the coming years when the number of juveniles is expected to increase by 18 percent between 2000 and 2030.
(Pub. L. 93–415, title I, § 101, Sept. 7, 1974, 88 Stat. 1109; Pub. L. 96–509, § 3, Dec. 8, 1980, 94 Stat. 2750; Pub. L. 98–473, title II, § 611, Oct. 12, 1984, 98 Stat. 2107; Pub. L. 102–586, § 1(a), Nov. 4, 1992, 106 Stat. 4982; Pub. L. 107–273, div. C, title II, § 12202, Nov. 2, 2002, 116 Stat. 1869.)
§ 11102. Purposes
The purposes of this subchapter and subchapter II are—
(1) to support State, tribal, and local programs that prevent juvenile involvement in delinquent behavior;
(2) to assist State, tribal, and local governments in promoting public safety by encouraging accountability for acts of juvenile delinquency;
(3) to assist State, tribal, and local governments in addressing juvenile crime through the provision of technical assistance, research, training, evaluation, and the dissemination of current and relevant information on effective and evidence-based programs and practices for combating juvenile delinquency; and
(4) to support a continuum of evidence-based or promising programs (including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence) that are trauma informed, reflect the science of adolescent development, and are designed to meet the needs of at-risk youth and youth who come into contact with the justice system.
(Pub. L. 93–415, title I, § 102, Sept. 7, 1974, 88 Stat. 1110; Pub. L. 96–509, § 4, Dec. 8, 1980, 94 Stat. 2750; Pub. L. 98–473, title II, § 612, Oct. 12, 1984, 98 Stat. 2108; Pub. L. 102–586, § 1(b), Nov. 4, 1992, 106 Stat. 4982; Pub. L. 107–273, div. C, title II, § 12203, Nov. 2, 2002, 116 Stat. 1871; Pub. L. 115–385, title I, § 101, Dec. 21, 2018, 132 Stat. 5124.)
§ 11103. DefinitionsFor purposes of this chapter—
(1) the term “community based” facility, program, or service means a small, open group home or other suitable place located near the juvenile’s home or family and programs of community supervision and service which maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited to, medical, educational, vocational, social, and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services;
(2) the term “Federal juvenile delinquency program” means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this chapter;
(3) the term “juvenile delinquency program” means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity designed to reduce known risk factors for juvenile delinquent behavior, provides 1
1 So in original. Probably should be “provide”.
activities that build on protective factors for, and develop competencies in, juveniles to prevent, and reduce the rate of, delinquent juvenile behavior;(4)
(A) the term “Bureau of Justice Assistance” means the bureau established by section 10141 of this title;
(B) the term “Office of Justice Programs” means the office established by section 10101 of this title;
(C) the term “National Institute of Justice” means the institute established by section 10122(a) of this title; and
(D) the term “Bureau of Justice Statistics” means the bureau established by section 10132(a) of this title;
(5) the term “Administrator” means the agency head designated by section 11111(b) of this title;
(6) the term “law enforcement and criminal justice” means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction;
(7) the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands;
(8) the term “unit of local government” means—
(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
(B) any law enforcement district or judicial enforcement district that—
(i) is established under applicable State law; and
(ii) has the authority to, in a manner independent of other State entities, establish a budget and raise revenues; or
(C) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for—
(i) the District of Columbia; or
(ii) any Trust Territory of the United States;
(9) the term “combination” as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a juvenile justice and delinquency prevention plan;
(10) the term “construction” means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects’ fees but not the cost of acquisition of land for buildings);
(11) the term “public agency” means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing;
(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 or of any other individual accused of having committed a criminal offense;
(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 or any other individual convicted of a criminal offense;
(14) the term “serious crime” means criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, drug trafficking, 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;
(15) the term “treatment” includes but is not limited to medical, educational, special education, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public, 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 susceptibility to addiction or use;
(16)
(A) who was brought before the court and made subject to such order; and
(B) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States;
(17) the term “Council” means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in section 11116(a)(1) of this title;
(18) for purposes of subchapter II, the term “Indian tribe” means—
(A) a federally recognized Indian tribe; or
(B) an Alaskan Native organization;
that has a law enforcement function, as determined by the Secretary of the Interior in consultation with the Attorney General;
(19) the term “comprehensive and coordinated system of services” means a system that—
(A) ensures that services and funding for the prevention and treatment of juvenile delinquency are consistent with policy goals of preserving families and providing appropriate services in the least restrictive environment so as to simultaneously protect juveniles and maintain public safety;
(B) identifies, and intervenes early for the benefit of, young children who are at risk of developing emotional or behavioral problems because of physical or mental stress or abuse, and for the benefit of their families;
(C) increases interagency collaboration and family involvement in the prevention and treatment of juvenile delinquency; and
(D) encourages private and public partnerships in the delivery of services for the prevention and treatment of juvenile delinquency;
(20) the term “gender-specific services” means services designed to address needs unique to the gender of the individual to whom such services are provided;
(21) the term “home-based alternative services” means services provided to a juvenile in the home of the juvenile as an alternative to incarcerating the juvenile, and includes home detention;
(22) the term “jail or lockup for adults” means a secure facility that is used by a State, unit of local government, or law enforcement authority to detain or confine adult inmates;
(23) the term “nonprofit organization” means an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26;
(24) the term “graduated sanctions” means an accountability-based, graduated series of sanctions (including incentives, treatment, and services) applicable to juveniles within the juvenile justice system to hold such juveniles accountable for their actions and to protect communities from the effects of juvenile delinquency by providing appropriate sanctions for every act for which a juvenile is adjudicated delinquent, by inducing their law-abiding behavior, and by preventing their subsequent involvement with the juvenile justice system;
(25) the term “sight or sound contact” means any physical, clear visual, or verbal contact that is not brief and inadvertent;
(26) the term “adult inmate”—
(A) means an individual who—
(i) has reached the age of full criminal responsibility under applicable State law; and
(ii) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal offense; and
(B) does not include an individual who—
(i) at the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law; and
(ii) was committed to the care and custody or supervision, including post-placement or parole supervision, of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law;
(27) the term “violent crime” means—
(A) murder or nonnegligent manslaughter, forcible rape, or robbery, or
(B) aggravated assault committed with the use of a firearm;
(28) the term “collocated facilities” means facilities that are located in the same building, or are part of a related complex of buildings located on the same grounds;
(29) the term “related complex of buildings” means 2 or more buildings that share—
(A) physical features, such as walls and fences, or services beyond mechanical services (heating, air conditioning, water and sewer); or
(B) the specialized services that are allowable under section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal Regulations, as in effect on December 10, 1996;
(30) the term “core requirements”—
(A) means the requirements described in paragraphs (11), (12), (13), and (15) of section 11133(a) of this title; and
(B) does not include the data collection requirements described in subparagraphs (A) through (K) of section 11117(1) of this title;
(31) the term “chemical agent” means a spray or injection used to temporarily incapacitate a person, including oleoresin capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
(32) the term “isolation”—
(A) means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and
(B) does not include—
(i) confinement during regularly scheduled sleeping hours;
(ii) separation based on a treatment program approved by a licensed medical or mental health professional;
(iii) confinement or separation that is requested by the youth; or
(iv) the separation of the youth from a group in a nonlocked setting for the limited purpose of calming;
(33) the term “restraints” has the meaning given that term in section 290ii of title 42;
(34) the term “evidence-based” means a program or practice that—
(A) is demonstrated to be effective when implemented with fidelity;
(B) is based on a clearly articulated and empirically supported theory;
(C) has measurable outcomes relevant to juvenile justice, including a detailed description of the outcomes produced in a particular population, whether urban or rural; and
(D) has been scientifically tested and proven effective through randomized control studies or comparison group studies and with the ability to replicate and scale;
(35) the term “promising” means a program or practice that—
(A) is demonstrated to be effective based on positive outcomes relevant to juvenile justice from one or more objective, independent, and scientifically valid evaluations, as documented in writing to the Administrator; and
(B) will be evaluated through a well-designed and rigorous study, as described in paragraph (34)(D);
(36) the term “dangerous practice” means an act, procedure, or program that creates an unreasonable risk of physical injury, pain, or psychological harm to a juvenile subjected to the act, procedure, or program;
(37) the term “screening” means a brief process—
(A) designed to identify youth who may have mental health, behavioral health, substance abuse, or other needs requiring immediate attention, intervention, and further evaluation; and
(B) the purpose of which is to quickly identify a youth with possible mental health, behavioral health, substance abuse, or other needs in need of further assessment;
(38) the term “assessment” includes, at a minimum, an interview and review of available records and other pertinent information—
(A) by an appropriately trained professional who is licensed or certified by the applicable State in the mental health, behavioral health, or substance abuse fields; and
(B) which is designed to identify significant mental health, behavioral health, or substance abuse treatment needs to be addressed during a youth’s confinement;
(39) for purposes of section 11133(a)(15) of this title, the term “contact” means the points at which a youth and the juvenile justice system or criminal justice system officially intersect, including interactions with a juvenile justice, juvenile court, or law enforcement official;
(40) the term “trauma-informed” means—
(A) understanding the impact that exposure to violence and trauma have on a youth’s physical, psychological, and psychosocial development;
(B) recognizing when a youth has been exposed to violence and trauma and is in need of help to recover from the adverse impacts of trauma; and
(C) responding in ways that resist retraumatization;
(41) the term “racial and ethnic disparity” means minority youth populations are involved at a decision point in the juvenile justice system at disproportionately higher rates than non-minority youth at that decision point;
(42) the term “status offender” means a juvenile who is charged with or who has committed an offense that would not be criminal if committed by an adult;
(43) the term “rural” means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget;
(44) the term “internal controls” means a process implemented to provide reasonable assurance regarding the achievement of objectives in—
(A) effectiveness and efficiency of operations, such as grant management practices;
(B) reliability of reporting for internal and external use; and
(C) compliance with applicable laws and regulations, as well as recommendations of the Office of Inspector General and the Government Accountability Office; and
(45) the term “tribal government” means the governing body of an Indian Tribe.
(Pub. L. 93–415, title I, § 103, Sept. 7, 1974, 88 Stat. 1111; Pub. L. 95–115, § 2, Oct. 3, 1977, 91 Stat. 1048; Pub. L. 96–509, §§ 5, 19(a), Dec. 8, 1980, 94 Stat. 2751, 2762; Pub. L. 98–473, title II, § 613, Oct. 12, 1984, 98 Stat. 2108; Pub. L. 100–690, title VII, §§ 7251(a), 7252(b)(1), Nov. 18, 1988, 102 Stat. 4435, 4436; Pub. L. 102–586, § 1(c), Nov. 4, 1992, 106 Stat. 4983; Pub. L. 105–277, div. A, § 101(b) [title I, § 129(a)(1)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–75; Pub. L. 107–273, div. C, title II, § 12204, Nov. 2, 2002, 116 Stat. 1871; Pub. L. 115–385, title I, § 102, Dec. 21, 2018, 132 Stat. 5124.)