THE JUVENILE DELINQUENCY PREVENTION ACT

OF 1967

TUESDAY, MAY 2, 1967

HOUSE OF REPRESENTATIVES,

GENERAL SUBCOMMITTEE ON EDUCATION

OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met at 9:45 a.m., pursuant to call, in room 2175, Rayburn House Office Building, Hon. Roman C. Pucinski (chairman of the subcommittee) presiding.

Present: Representatives Pucinski, Carey, Scheuer, O'Hara, Hawkins, Hathaway, Mink, Ashbrook, Bell, Scherle, and Eshleman. Staff members present: Margaret B. Sugg, staff director, Mattie L. Maynard, clerk, and Thomas Gerber, staff assistant.

Mr. PUCINSKI. The subcommittee will come to order.

Secretary Gardner, Mr. Carter, Mr. Huitt, Miss Burns, it is my pleasure to welcome you and our other guests this morning to these hearings on the Juvenile Delinquency Prevention Act of 1967. (The bill and summary follow :)

[H.R. 7642, 90th Cong., first sess.]

A BILL To provide Federal assistance to courts, correctional systems, and community agencies to increase their capability to prevent, treat, and control juvenile delinquency; to assist research efforts in the prevention, treatment, and control of juvenile delinquency; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Juvenile Delinquency Prevention Act of 1967.”

FINDINGS AND OBJECTIVES

SEC. 2. (a) The Congress is concerned with the alarming number of delinquent acts youths perform, with the failure of institutions and agencies we have de veloped to help youths after they perform delinquent acts, and with the fractional and uncoordinated nature of preventive, correctional, and rehabilitative programs now available.

(b) The Congress finds that many youths, regardless of economic or social background, have special needs which may lead to delinquency unless an attempt is made to reach them; that the best point at which to prevent delinquency is often before a youth is found to be delinquent; that many of the needs are best met as part of the normal environment of growing children and youths, or are only met if the normal institutions and agencies are properly related to one another; and that, to meet these needs, law enforcement agencies, the courts, and correctional institutions must join with other agencies and institutions in our society.

(e) The Congress believes that the Nation's youths should be given meaningful opportunities to be involved in the efforts designed to assist them.

(d) It is, therefore, the policy of the United States to promote the provision of services and develop the knowledge that will prevent and treat delinquency

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among young people; and it is the purpose of this Act to stimulate youth-serving agencies and institutions in our society to coordinate their existing efforts in this respect and to support the search for knowledge about delinquency in order to develop methods for and the capability of dealing with and preventing it.

PART A-STATE AND LOCAL PLANNING AND STATE ASSISTANCE TO LOCALITIES

STATE AND LOCAL PLANNING

SEC. 101. (a) In order to encourage States and localities to prepare and adopt comprehensive plans covering their respective jurisdictions, based on a thorough evaluation of problems of juvenile delinquency and youth in danger of becoming delinquent in the State, the Secretary is authorized to make grants to any State or local public agency to assist in preparing or revising such a plan. No such grant may exceed 90 per centum of the cost of the planning with respect to which such grant is made.

(b) The Secretary may impose as a condition to any grants under this title within any State or locality that such planning be undertaken and that, where he deems it appropriate, a comprehensive plan or plans be prepared within a reasonable period.

STATE ASSISTANCE TO LOCAL UNITS

SEC. 102. The Secretary is also authorized to make grants to any State agency which is able and willing to provide technical assistance to local agencies engaged in or preparing to engage in activities for which aid may be provided under this Act or agencies, institutions, or organizations providing services necessary for diagnostic, treatment, or rehabilitative services for delinquent youth, or youth in danger of becoming delinquent. No such grant may exceed 90 per centum of the cost of the activities (of the State agency) with respect to which such grant is made.

GRANTS FOR PLANNING PROJECTS OR PROGRAMS

SEC. 103. The Secretary is authorized to make grants to any State, county, municipal, or other local public or nonprofit private agency or organization to assist it in meeting the cost of planning any project or program for which a grant may be made under the other provisions of this Act. No such grant may exceed 90 per centum of the cost of the planning with respect to which such grant is made.

CONSULTATION WITH ATTORNEY GENERAL

SEC. 104. The Secretary shall consult with the Attorney General on matters of policy and general administration arising in the carrying out of this part.

PART B-REHABILITATIVE SERVICES

STATEMENT OF PURPOSE

SEC. 120. The purpose of this part is to assist law-enforcement agencies, courts, and other correctional institutions to make full use, for the treatment and rehabilitation of delinquent youths committed to their control or supervision, of community resources and services generally available; and to encourage new designs and new methods of operating full- or part-time community-based residential facilities for youths requiring residential care, diagnosis, treatment, or rehabilitation.

AUTHORIZATION OF GRANTS

SEC. 121. The Secretary is authorized, with the concurrence of the Attorney General, to make grants to any public agency for projects or programs for diag nosing, treating, and rehabilitating youths who have been determined to be delinquent by courts, police departments, or other correctional, law-enforce ment, or welfare agencies.

APPLICATIONS

SEC. 122. Grants under this part may be made only upon application by a State, county, municipal, or other public agency which contains or is accompanied by assurances satisfactory to the Secretary that—

(1) (A) such agency will provide to the extent feasible for coordinating, on a continuing basis, of its operations with the operations of agencies or organizations furnishing welfare, education, health, mental health, recreation, job training, job placement, correction, and other basic services in the community for youth;

(B) such agency will make reasonable efforts to secure or provide any of such services which are necessary for such youth and which are not otherwise being provided in the community; and

(C) maximum use will be made under the program or project of other Federal, State, or local resources available for provision of such services; (2) public and private agencies and organizations providing the services referred to in paragraph (1)(A) (including police, courts, and other agencies involved in the youth correction process) will be consulted in the formulation by the applicant of the project or program for carrying out the purposes of this part, with a view not only to formulation of a project or program which takes account of the services and expertise of such agencies and organizations, but also to adapting such services to the better fulfillment of the purposes of this Act with respect to youths in the community described in section 121.

Such application shall contain such other information as the Secretary finds necessary to determine whether or not to approve the application, including— (3) a description of the services for youths described in section 121 which are available in the community;

(4) a statement of the method or methods of linking the agencies and organizations, public and private, providing these and other services; and (5) a showing that the project or program is consistent with any comprehensive plans applicable to the community under the Safe Streets and Crime Control Act of 1967.

CONSIDERATIONS FOR APPROVAL OF APPLICATIONS

SEC. 123. In determining whether or not to approve applications for grants under section 121, the Secretary shall consider, among other relevant factors in the community of the applicant—

(1) the relative costs and effectiveness of the project or program in effectuating the purposes of this part;

(2) the incidence of crime, particularly youth offenses and juvenile delinquency;

(3) school dropout rates;

(4) the adequacy of facilities and services for carrying out the purposes of this part; and

(5) the extent of comprehensive planning in the community for carrying out the purposes of this part.

USE OF FUNDS

SEC. 124. Funds paid to an applicant agency under this part may be used for(1) meeting the cost of securing or providing services, for diagnosis, treatment, or rehabilitation of youths referred to in section 121, which the Secretary prescribes as essential for the purposes of this part, but only to the extent and for the period reasonably necessary for the community to secure or provide these services from other sources, and

(2) meeting the cost of construction of unusual, and special-purpose or innovative, types of facilities which, in the judgment of the Secretary, are necessary to the program for carrying out the purposes of this part, such as (A) combination detention and diagnostic facilities for delinquent youth. (B) half-way houses for youths who because of special behavioral problems have a high risk of becoming delinquent or who have been determined to be delinquent and are not yet ready for full return to society, and (C) small, special-purpose, residential, community-based facilities for diagnosis, treatment, and rehabilitation of youths who are in or under the control or supervision of correctional institutions.

It shall be a condition of any grant under this part which is wholly or partially for construction that all laborers and mechanics employed by contractors or subcontractors on such construction shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5. The Secretary of Labor shall have with respect to these labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 P.R. 3176, 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

FEDERAL FINANCIAL PARTICIPATION

SEC. 125. A grant under this part may not exceed 60 per centum of the cost of the project or program with respect to which it is made, except that the percentage with respect to so much of the cost as is for construction may not exceed 50 per centum. PART C-PREVENTIVE SERVICES

STATEMENT OF PURPOSE

SEC. 140. The purpose of this part is to promote the use of community-based services for the prevention of juvenile delinquency and the rehabilitation of delinquent youths; and to assist communities to operate special diagnostic, treatment, and rehabilitative programs for juvenile delinquents and youths in danger of becoming delinquent.

AUTHORIZATION OF GRANTS

SEC. 141. The Secretary is authorized to make grants to any community, municipal, or other local public or nonprofit private agency or organization to meet not to exceed 75 per centum of the cost of a project or program for securing or provision of special diagnostic, treatment, or rehabilitative services for youths who are delinquent or in danger of becoming delinquent but only if there are assurances satisfactory to the Secretary that steps have been or will be taken toward provision, within a reasonable period of time, of a program of services in the community which are necessary for diagnosis, treatment, and rehabilitation of such youths.

APPLICATIONS

SEC. 142. Grants under section 141 may be made only upon application by a local community public or nonprofit private agency or organization which contains or is accompanied by assurances satisfactory to the Secretary that such agency or organization (1) will assume responsibility for assuring that there will be provided in the community for youths who are delinquent or in danger of becoming delinquent at least those services referred to in paragraph (1) (A) of section 122 which the Secretary specifies as being necessary for carrying out the purposes of this part; (2) will provide for the coordination referred to in such paragraph (1)(A), will make the efforts referred to in paragraph (1)(B) of such section, and will provide for the utilization referred to in paragraph (1)(C) thereof; (3) will provide for the consultation referred to in paragraph (2) thereof; (4) will make special efforts to assure that the services referred to in such paragraph (1)(A) will be available for youths with serious behavioral problems; (5) will provide for appropriate participation by youths in the formulation and operation of the project or program: and (6) will provide the information referred to in paragraphs (3) and (4) of such section.

CONSIDERATIONS FOR APPROVAL OF APPLICATIONS

SEC. 143. In determining whether or not to approve applications for grants under this part, the factors referred to in section 123 shall, among other relevant factors, be considered.

USE OF FUNDS

SEC. 144. Funds paid to an agency or organization under section 141 may be used for meeting the cost of securing or providing the services needed for diagnosis, treatment, and rehabilitation of youth who are delinquent or in danger

of becoming delinquent and which cannot otherwise be made available, but only to the extent and for the period reasonably necessary for the community to provide these services from other sources.

CONSULTATION WITH ATTORNEY GENERAL

SEC. 145. The Secretary shall consult with the Attorney General on matters of policy and general administration arising in the carrying out of this part.

TITLE II-RESEARCH AND TECHNICAL ASSISTANCE

RESEARCH PROJECTS

SEC. 201. (a) The Secretary is authorized to conduct, or make grants for, research into and development of improved techniques and practicies, and for demonstration of such techniques and practices, which research in the Secretary's judgment holds promise of making a substantial contribution toward prevention of delinquency and treatment of youths who are delinquent or in danger of becoming delinquent or toward improvement in the rehabilitative services for delinquent youths, including techniques and practices for the training of personnel.

(b) Such grants may be made to any State, local, or other public or nonprofit private agency, organization, or institution; and, to the extent he deems it appropriate, the Secretary shall require the recipient of any such grant in contribute money, facilities, or services for carrying out the project for which such grant was made.

(c) The Secretary is further authorized to enter into contracts for any such projects with public or private agencies, organizations, or institutions, and with individuals.

TECHNICAL ASSISTANCE SERVICES

SEC. 202. The Secretary is authorized to cooperate with and render technical assistance to State, local, or other public or private agencies, organizations, and institutions in matters relating to prevention of delinquency or treatment of delinquent youths or to rehabilitative services for such youths, and to provide short-term training and instruction of a technical nature with respect to such matters.

INFORMÁTION SERVICES

SEC. 203. The Secretary is authorized to collect, evaluate, publish, and disseminate information and materials relating to research conducted under this Act, and other matters relating to prevention or treatment of delinquency or provision of rehabilitative services for delinquent youths, such information and materials to be for the general public or for agencies, organizations, and personnel engaged in programs concerning youths who are delinquent or in danger of becoming delinquent.

TITLE III-GENERAL

PAYMENT PROCEDURE

SEC. 301. Payments of any grant or under any contract under this Act may be made (after necessary adjustment on account of previously made overpayments or underpayments) in installments, and in advance or by way of reimbursement, as may be determined by the Secretary, and shall be made on such conditions as he finds necessary to carry out the purposes for which the grant or contract is made.

ADVISORY COMMITTEES

SEC. 302. (a) The Secretary is authorized to appoint an advisory committee to advise him with respect to matters of general policy involved in the administration of this Act, and particularly with respect to the coordination of activities under this Act and related activities under other Federal, State, or local laws and on such other matters relating to this Act as the Secretary may request.

(b) (1) The Secretary is also authorized to appoint such other technical or advisory committees to advise him in connection with activities under this Act as he deems necessary.

(2) Members of any committee appointed under this section who are not otherwise in the regular full-time employ of the United States, while attending meet