STATE PLANS.

SEC. 12209. STATE PLANS. Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended— (1) in subsection (a)— (A) in the 2d sentence by striking “and challenge” and all that follows through “part E”, and inserting “, projects, and activities”, (B) in paragraph (3)— (i) by striking “, which—” and inserting “that—”, (ii) in subparagraph (A)(i) by striking “or the administration of juvenile justice” and inserting “, the administration of juvenile justice, or the reduction of juvenile delinquency”, and (iii) in subparagraph (D)— (I) in clause (i) by inserting “and” at the end, and 116 STAT. 1874 (II) in clause (ii) by striking “paragraphs” and all that follows through “part E”, and inserting “paragraphs (11), (12), and (13)”, (C) in paragraph (5)— (i) in the matter preceding subparagraph (A) by striking “, other than” and inserting “reduced by the percentage (if any) specified by the State under the authority of paragraph (25) and excluding”, and (ii) in subparagraph (C) by striking “paragraphs (12)(A), (13), and (14)” and inserting “paragraphs (11), (12), and (13)”, (D) by striking paragraph (6), (E) in paragraph (7) by inserting “, including in rural areas” before the semicolon at the end, (F) in paragraph (8)— (i) in subparagraph (A)— (I) by striking “for (i)” and all that follows through “relevant jurisdiction”, and inserting “for an analysis of juvenile delinquency problems in, and the juvenile delinquency control and delinquency prevention needs (including educational needs) of, the State”, and (II) by striking “of the jurisdiction; (ii)” and all that follows through the semicolon at the end, and inserting “of the State; and”, (ii) by amending subparagraph (B) to read as follows: “(B) contain— “(i) a plan for providing needed gender-specific services for the prevention and treatment of juvenile delinquency; “(ii) a plan for providing needed services for the prevention and treatment of juvenile delinquency in rural areas; and “(iii) a plan for providing needed mental health services to juveniles in the juvenile justice system, including information on how such plan is being implemented and how such services will be targeted to those juveniles in such system who are in greatest need of such services;”, and (iii) by striking subparagraphs (C) and (D), (G) by amending paragraph (9) to read as follows: “(9) provide for the coordination and maximum utilization of existing juvenile delinquency programs, programs operated by public and private agencies and organizations, and other related programs (such as education, special education, recreation, health, and welfare programs) in the State;”, (H) in paragraph (10)— (i) in subparagraph (A)— (I) by striking “, specifically” and inserting “including”, (II) by striking clause (i), and (III) redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively, (ii) by amending subparagraph (D) to read as follows: “(D) programs that provide treatment to juvenile offenders who are victims of child abuse or neglect, and 116 STAT. 1875to their families, in order to reduce the likelihood that such juvenile offenders will commit subsequent violations of law;”, (iii) in subparagraph (E)— (I) by redesignating clause (ii) as clause (iii), and (II) by striking “juveniles, provided” and all that follows through “provides; and”, and inserting the following: “juveniles— “(i) to encourage juveniles to remain in elementary and secondary schools or in alternative learning situations; “(ii) to provide services to assist juveniles in making the transition to the world of work and self-sufficiency; and”, (iv) by amending subparagraph (F) to read as follows: “(F) expanding the use of probation officers— “(i) particularly for the purpose of permitting nonviolent juvenile offenders (including status offenders) to remain at home with their families as an alternative to incarceration or institutionalization; and “(ii) to ensure that juveniles follow the terms of their probation;”, (v) by amending subparagraph (G) to read as follows: “(G) counseling, training, and mentoring programs, which may be in support of academic tutoring, vocational and technical training, and drug and violence prevention counseling, that are designed to link at-risk juveniles, juvenile offenders, or juveniles who have a parent or legal guardian who is or was incarcerated in a Federal, State, or local correctional facility or who is otherwise under the jurisdiction of a Federal, State, or local criminal justice system, particularly juveniles residing in low-income and high-crime areas and juveniles experiencing educational failure, with responsible individuals (such as law enforcement officials, Department of Defense personnel, individuals working with local businesses, and individuals working with community-based and faith-based organizations and agencies) who are properly screened and trained;”, (vii) in subparagraph (H) by striking “handicapped youth” and inserting “juveniles with disabilities”, (viii) by striking subparagraph (K), (ix) in subparagraph (L)— (I) in clause (iv) by adding “and” at the end, (II) in clause (v) by striking “and” at the end, and (III) by striking clause (vi), (x) in subparagraph (M) by striking “boot camps”, (xi) by amending subparagraph (N) to read as follows: “(N) community-based programs and services to work with juveniles, their parents, and other family members during and after incarceration in order to strengthen families so that such juveniles may be retained in their homes;”, 116 STAT. 1876 (xii) in subparagraph (O)— (I) in striking “cultural” and inserting “other”, and (II) by striking the period at the end and inserting a semicolon, (xiii) by redesignating subparagraphs (L), (M), (N), and (O) as subparagraphs (K), (L), (M), and (N), respectively; and (xiii) by adding at the end the following: “(O) programs designed to prevent and to reduce hate crimes committed by juveniles; “(P) after-school programs that provide at-risk juveniles and juveniles in the juvenile justice system with a range of age-appropriate activities, including tutoring, mentoring, and other educational and enrichment activities; “(Q) community-based programs that provide follow-up post-placement services to adjudicated juveniles, to promote successful reintegration into the community; “(R) projects designed to develop and implement programs to protect the rights of juveniles affected by the juvenile justice system; and “(S) programs designed to provide mental health services for incarcerated juveniles suspected to be in need of such services, including assessment, development of individualized treatment plans, and discharge plans.”, (I) by amending paragraph (12) to read as follows: “(12) shall, in accordance with rules issued by the Administrator, provide that— “(A) juveniles who are charged with or who have committed an offense that would not be criminal if committed by an adult, excluding— “(i) juveniles who are charged with or who have committed a violation of section 922(x)(2) of title 18, United States Code, or of a similar State law; “(ii) juveniles who are charged with or who have committed a violation of a valid court order; and “(iii) juveniles who are held in accordance with the Interstate Compact on Juveniles as enacted by the State; shall not be placed in secure detention facilities or secure correctional facilities; and “(B) juveniles— “(i) who are not charged with any offense; and “(ii) who are— “(I) aliens; or “(II) alleged to be dependent, neglected, or abused; shall not be placed in secure detention facilities or secure correctional facilities;”, (J) by amending paragraph (13) to read as follows: “(13) provide that— “(A) juveniles alleged to be or found to be delinquent or juveniles within the purview of paragraph (11) will not be detained or confined in any institution in which they have contact with adult inmates; and 116 STAT. 1877 “(B) there is in effect in the State a policy that requires individuals who work with both such juveniles and such adult inmates, including in collocated facilities, have been trained and certified to work with juveniles;”, (K) by amending paragraph (14) to read as follows: “(14) provide that no juvenile will be detained or confined in any jail or lockup for adults except— “(A) juveniles who are accused of nonstatus offenses and who are detained in such jail or lockup for a period not to exceed 6 hours— “(i) for processing or release; “(ii) while awaiting transfer to a juvenile facility; or “(iii) in which period such juveniles make a court appearance; and only if such juveniles do not have contact with adult inmates and only if there is in effect in the State a policy that requires individuals who work with both such juveniles and adult inmates in collocated facilities have been trained and certified to work with juveniles; “(B) juveniles who are accused of nonstatus offenses, who are awaiting an initial court appearance that will occur within 48 hours after being taken into custody (excluding Saturdays, Sundays, and legal holidays), and who are detained in a jail or lockup— “(i) in which— “(I) such juveniles do not have contact with adult inmates; and “(II) there is in effect in the State a policy that requires individuals who work with both such juveniles and adults inmates in collocated facilities have been trained and certified to work with juveniles; and “(ii) that— “(I) is located outside a metropolitan statistical area (as defined by the Office of Management and Budget) and has no existing acceptable alternative placement available; “(II) is located where conditions of distance to be traveled or the lack of highway, road, or transportation do not allow for court appearances within 48 hours (excluding Saturdays, Sundays, and legal holidays) so that a brief (not to exceed an additional 48 hours) delay is excusable; or “(III) is located where conditions of safety exist (such as severe adverse, life-threatening weather conditions that do not allow for reasonably safe travel), in which case the time for an appearance may be delayed until 24 hours after the time that such conditions allow for reasonable safe travel;”; (L) in paragraph (15)— (i) by striking “paragraph (12)(A), paragraph (13), and paragraph (14)” and inserting “paragraphs (11), (12), and (13)”, and (ii) by striking “paragraph (12)(A) and paragraph (13)” and inserting “paragraphs (11) and (12)”, 116 STAT. 1878 (M) in paragraph (16) by striking “mentally, emotionally, or physically handicapping conditions” and inserting “disability”, (N) by amending paragraph (19) to read as follows: “(19) provide assurances that— “(A) any assistance provided under this Act will not cause the displacement (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) of any currently employed employee; “(B) activities assisted under this Act will not impair an existing collective bargaining relationship, contract for services, or collective bargaining agreement; and “(C) no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization involved;”, (O) by amending paragraph (22) to read as follows: “(22) provide that the State agency designated under paragraph (1) will— “(A) to the extent practicable give priority in funding to programs and activities that are based on rigorous, systematic, and objective research that is scientifically based; “(B) from time to time, but not less than annually, review its plan and submit to the Administrator an analysis and evaluation of the effectiveness of the programs and activities carried out under the plan, and any modifications in the plan, including the survey of State and local needs, that it considers necessary; and “(C) not expend funds to carry out a program if the recipient of funds who carried out such program during the preceding 2-year period fails to demonstrate, before the expiration of such 2-year period, that such program achieved substantial success in achieving the goals specified in the application submitted by such recipient to the State agency;”, (P) by amending paragraph (23) to read as follows: “(23) address juvenile delinquency prevention efforts and system improvement efforts designed to reduce, without establishing or requiring numerical standards or quotas, the disproportionate number of juvenile members of minority groups, who come into contact with the juvenile justice system;”, (Q) by amending paragraph (24) to read as follows: “(24) provide that if a juvenile is taken into custody for violating a valid court order issued for committing a status offense— “(A) an appropriate public agency shall be promptly notified that such juvenile is held in custody for violating such order; “(B) not later than 24 hours during which such juvenile is so held, an authorized representative of such agency shall interview, in person, such juvenile; and “(C) not later than 48 hours during which such juvenile is so held— 116 STAT. 1879 “(i) such representative shall submit an assessment to the court that issued such order, regarding the immediate needs of such juvenile; and “(ii) such court shall conduct a hearing to determine— “(I) whether there is reasonable cause to believe that such juvenile violated such order; and “(II) the appropriate placement of such juvenile pending disposition of the violation alleged;”, (R) in paragraph (25)— (i) by striking “1992” and inserting “2000”, and (ii) by striking the period at the end and inserting a semicolon, (S) by redesignating paragraphs (7) through (25) as paragraphs (6) through (24), respectively, and (T) by adding at the end the following: “(25) specify a percentage (if any), not to exceed 5 percent, of funds received by the State under section 222 (other than funds made available to the State advisory group under section 222(d)) that the State will reserve for expenditure by the State to provide incentive grants to units of general local government that reduce the caseload of probation officers within such units; “(26) provide that the State, to the maximum extent practicable, will implement a system to ensure that if a juvenile is before a court in the juvenile justice system, public child welfare records (including child protective services records) relating to such juvenile that are on file in the geographical area under the jurisdiction of such court will be made known to such court; “(27) establish policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing and implementing treatment plans for juvenile offenders; and “(28) provide assurances that juvenile offenders whose placement is funded through section 472 of the Social Security Act (42 U.S.C. 672) receive the protections specified in section 471 of such Act (42 U.S.C. 671), including a case plan and case plan review as defined in section 475 of such Act (42 U.S.C. 675).”, (2) by amending subsection (c) to read as follows: “(c) If a State fails to comply with any of the applicable requirements of paragraphs (11), (12), (13), and (22) of subsection (a) in any fiscal year beginning after September 30, 2001, then— “(1) subject to paragraph (2), the amount allocated to such State under section 222 for the subsequent fiscal year shall be reduced by not less than 20 percent for each such paragraph with respect to which the failure occurs, and “(2) the State shall be ineligible to receive any allocation under such section for such fiscal year unless— “(A) the State agrees to expend 50 percent of the amount allocated to the State for such fiscal year to achieve compliance with any such paragraph with respect to which the State is in noncompliance; or “(B) the Administrator determines that the State— “(i) has achieved substantial compliance with such applicable requirements with respect to which the State was not in compliance; and 116 STAT. 1880 “(ii) has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance with such applicable requirements within a reasonable time.”, (3) in subsection (d)— (A) by striking “allotment” and inserting “allocation”, and (B) by striking “subsection (a) (12)(A), (13), (14) and (23)” each place it appears and inserting “paragraphs (11), (12), (13), and (22) of subsection (a)”, and (4) by adding at the end the following: “(e) Notwithstanding any other provision of law, the Administrator shall establish appropriate administrative and supervisory board membership requirements for a State agency designated under subsection (a)(1) and permit the State advisory group appointed under subsection (a)(3) to operate as the supervisory board for such agency, at the discretion of the chief executive officer of the State. “(f) Technical Assistance.— “(1) In general.—The Administrator shall provide technical and financial assistance to an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3) to assist such organization to carry out the functions specified in paragraph (2). “(2) Assistance.—To be eligible to receive such assistance, such organization shall agree to carry out activities that include— “(A) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups; “(B) disseminating information, data, standards, advanced techniques, and program models; “(C) reviewing Federal policies regarding juvenile justice and delinquency prevention; “(D) advising the Administrator with respect to particular functions or aspects of the work of the Office; and “(E) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention.”.