Juvenile Justice and Delinquency Prevention Act of 2002
Modified version of H.R. 1900

FEDERAL ACTIVITIES

Reauthorizes the Office of Juvenile Justice and Delinquency Prevention and designates an Administrator, nominated by President and confirmed by the Senate, to head up this Office.

Requires the Administrator to develop model mental health care standards for juveniles.

Establishes program for developing, testing, and demonstrating promising new initiatives and programs aimed at preventing and reducing juvenile delinquency.

Establishes research and evaluation, statistical analyses, and information dissemination activities.

CORE PROTECTIONS FOR JUVENILES

Deinstitutionalization of Status Offenders (DSO) - Retains current prohibition on detaining status offenders in secure facilities. Runaways may be held longer for family reunification purposes as specified in the Interstate Compact on Juveniles.

Separation of Juveniles from Adults in Institutions (Sight and Sound)- Revises mandate to reflect current regulations which disallow contact between juvenile offenders in a secure custody status and incarcerated adults.
Removal of Juveniles from Jails and Adult Facilities - Provides additional flexibility for rural areas by extending the period of time from 24 to 48 hours for which juveniles can be held in a jail or adult facility. "Sight and sound separation" continues to apply.

The conference report removes the "parental consent rural exception" provision included in the House passed bill that allowed youths be held in an adult facilities for up to 20 days when the court, parents or legal guardian, in consultation with counsel, agreed.

Disproportionate Minority Confinement (DMC) - Requires states to address prevention efforts and systemic efforts to reduce the disproportionate representation of minorities that come into contact with the juvenile justice system.

COMPLIANCE WITH CORE REQUIREMENTS

Current law ties 100% of a state's formula grant to compliance with the four core requirements. If a state fails to comply with any requirement, the state forfeits 25% of the allocation and must use the remainder of funds to come back into compliance with the core requirement. In the Conference Report, a state that fails to comply with a core requirement will be penalized by 20% and must use 50% of the remaining funds to come back into compliance.

FORMULA GRANT

Continues the Formula Grant to States with the following new requirements:

• Public child welfare records for a juvenile must be shared with the court.
• Juvenile offenders whose placements are funded through Foster Care must be afforded the same case management oversight as other wards of the Foster care system.
• Juveniles brought into the system for violation of valid court order must be interviewed and assessed by a public child serving agency within 48 hours of intake

The Formula Grant funds several new focus areas including:

• Programs to provide mental health services to juveniles.
• Program that provide follow-up post placement services to juveniles.
• Programs that provide counseling, mentoring and training opportunities for juveniles.
• Programs to expand the use of probation officers to allow nonviolent offenders to remain in community

The Formula Grant maintains critical focus areas such as:

• Hate crime prevention programs
• Program to provide competent counsel to juveniles
• Programs to provide services to girls in the juvenile justice system
• Programs to ensure family involvement and family strengthening

DELINQUENCY PREVENTION BLOCK GRANT

Consolidates five program authorities to create a Delinquency Prevention Block grant that funds activities designed to prevent and reduce juvenile crime in communities which have a comprehensive juvenile crime prevention plan, including projects that provide treatment to juvenile offenders and juveniles who are at risk of becoming juvenile offenders. Activities may include (partial list):

• Mentoring
• Family strengthening programs
• Drug and alcohol abuse treatment programs
• Gang prevention programs
• Job Training and Employment
• Recreation programs
• Youth development programs
• Probation programs

Eligible recipients include community-based organizations, law enforcement agencies, local education authorities, local governments, social service providers and other entities with a demonstrated history of involvement in juvenile delinquency prevention.

LOCAL DELINQUENCY PREVENTION GRANT PROGRAM

The Conference Report retains Title V of the Juvenile Justice and Delinquency Prevention Act, Incentive Grants for Local Delinquency Prevention Programs. Title V provides states with matching funds for community based prevention programs. "Youth development programs" have been added to the list of allowable activities that may be funded under this Title.

FUNDING RESTRICTION

Residential programs receiving funds under this Act must be licensed within the state they are located. License must have standards of discipline citing abuse and neglect. If program takes out of state juveniles, program must meet licensing requirements from the sending state.

FUNDING AUTHORIZATION

The authorization is "such sums" for fiscal years 2003 through 2007.

Consequences for Juvenile Offenders Act of 2002
Modified version of H.R. 863

JUVENILE ACCOUNTABILITY BLOCK GRANT (JAIBG)

Authorizes JAIBG program, initially created in the FY98 Commerce Justice State Appropriations bill, to provide states and units of local government with funds to develop programs to promote greater accountability in the juvenile justice system.

Program purpose areas are expanded significantly to provide additional services and treatment for troubled youth, including:

• implementing graduated sanctions programs that include counseling, restitution, community service, and supervised probation
• establishing or expanding substance abuse programs
• promoting mental health screening and treatment.

By supporting these additional purposes JAIBG will provide needed resources to proven strategies for rehabilitating adjudicated youth and families as well as reducing juvenile re-offense rates.

FUNDING AUTHORIZATION

$350 million for each of fiscal years 2002 through 2005