View all text of Subchapter XVII [§ 10401 - § 10410]
§ 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.)