STATE PLANS.

SEC. 7258. STATE PLANS. (a) Indian Tribes.—Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1) in paragraph (5)— (A) in the matter preceding subparagraph (A) by striking “through”, (B) in subparagraph (A)— (i) by inserting “through” after “(A)”, and (ii) by striking “and” at the end, (C) in subparagraph (B)— (i) by inserting “through” after “(B)”, and (ii) by inserting “and” after the semicolon, (D) and by adding at the end the following: “(C) to provide funds for programs of Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior) and that agree to attempt to comply with the requirements specified in paragraphs (12)(A), (13), and (14), applicable to the detention and confinement of juveniles, an amount that bears the same ratio to the aggregate amount to be expended through programs referred to in subparagraphs (A) and (B) as the population under 18 years of age in the geographical areas in which such tribes perform such functions bears to the State population under 18 years of age,”, and (2) in paragraph (8)(A)— 102 STAT. 4440 (A) by inserting “(including any geographical area in which an Indian tribe performs law enforcement functions)” after “relevant jurisdiction”, and (B) by inserting “(including the joining of gangs that commit crimes)” after “juvenile crime problems” each place it appears. (b) Detention in Jails and Lockups for Adults.—Section 223(a)(14) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14)) is amended— (1) by striking “1989” and inserting “1993”, (2) in subparagraph (iii) by striking the period and inserting a semicolon, and (3) by redesignating subparagraphs (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively. (c) Overrepresentation of Juveniles of Minority Groups.—Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1) in paragraph (22) by striking “and” at the end, (2) by redesignating paragraph (23) as paragraph (24), and (3) by inserting after paragraph (22) the following: “(23) address efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population; and”. (d) Compliance Requirement for Eligibility.—Section 223(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended— (1) by striking “subpart” and inserting “part”, (2) by inserting “(1)” after “(c)”, (3) by striking the last sentence, and (4) by adding at the end the following: “(2) Failure to achieve compliance with the requirements of subsection (a)(14) within the 5-year time limitation shall terminate any State’s eligibility for funding under this part unless the Administrator— “(A) determines, in the discretion of the Administrator, that such State has— “(i)(I) removed not less than 75 percent of juveniles from jails and lockups for adults; or “(II) achieved substantial compliance with such subsection; and “(ii) made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time, not to exceed 3 additional years; or “(B) waives the termination of the State’s eligibility on the condition that the State agrees to expend all of the funds to be received under this part by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222 and with section 223(a)(5)(C)), only to achieve compliance with subsection (a)(14). “(3) Except as provided in paragraph (2), failure to achieve compliance with the requirements of subsection (a)(14) after December 8, 1985, shall terminate any State’s eligibility for funding under this part unless the Administrator waives the termination of the State’s eligibility on the condition that the State agrees to expend all of the 102 STAT. 4441 funds to be received under this part by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222 and with section 223(a)(5)(C)), only to achieve compliance with subsection (a)(14). “(4) For purposes of paragraph (2)(A)(i)(II), a State may demonstrate that it is in substantial compliance with such paragraph by showing that it has— “(A) removed all juvenile status offenders and nonoffenders from jails and lockups for adults; “(B) made meaningful progress in removing other juveniles from jails and lockups for adults; “(C) diligently carried out the State’s plan to comply with subsection (a)(14); and “(D) historically expended, and continues to expend, to comply with subsection (a)(14) an appropriate and significant share of the funds received by the State under this part.”.