OVERSIGHT HEARING ON THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT elationship Between Youth Unemployment and Juvenile Delinquency WEDNESDAY, NOVEMBER 17, 1976 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON EQUAL OPPORTUNITIES OF THE COMMITTEE ON EDUCATION AND LABOR, Denver, Colo. The subcommittee met, pursuant to notice at 1 p.m., in the Kepner unior High School Auditorium, 911 South Hazel Court, Denver, olo., Hon. Augustus F. Hawkins presiding. Members present: Representatives Hawkins and Clay. Staff present: Susan Grayson, staff director; Martin La Vor, senior inority legislative associate; and Carole Schanzer, clerk. [Text of Juvenile Justice and Delinquency Prevention Act of 1974 Public Law 93-415) follows:] (1) Public Law 93-415 93rd Congress, S. 821 September 7, 1974 An Act To provide a comprehensive, coordinated approach to the problems 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 Juvenile Justlo be cited as the "Juvenile Justice and Delinquency Prevention Act of and Delinquency 1974". Prevention Act of 1974. 42 USC 5601 TITLE I-FINDINGS AND DECLARATION OF PURPOSE note. FINDINGS SEC. 101. (a) The Congress hereby finds that (1) juveniles account for almost half the arrests for serious crimes in the United States today; (2) understaffed, overcrowded juvenile courts, probation services, and correctional facilities are not able to provide individualized justice or effective help; (3) present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs of the countless, abandoned, and dependent children, who, because of this failure to provide effective services, may become delinquents; (4) existing programs have not adequately responded to the particular problems of the increasing numbers of young people who are addicted to or who abuse drugs, particularly nonopiate or polydrug abusers; 42 USC 5601. 88 STAT. 11.9 (5) juvenile delinquency can be prevented through programs 83 STAT. 1. designed to keep students in elementary and secondary schools through the prevention of unwarranted and arbitrary suspensions and expulsions; (6) States and local communities which experience directly the devastating failures of the juvenile justice system do not presently have sufficient technical expertise or adequate resources to deal comprehensively with the problems of juvenile delinquency; and (7) existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency. (b) Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss of human life, personal security, and wasted human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency. PURPOSE SEC. 102. (a) It is the purpose of this Act (1) to provide for the thorough and prompt evaluation of all federally assisted juvenile delinquency programs; (2) to provide technical assistance to public and private agencies, institutions, and individuals in developing and implementing juvenile delinquency programs; 42 USC 5502. 88 STAT. 1110 88 STAT. 1111 42 USC 5603. 42 USC 3711. Pub. Law 93-415 - 2 September 7, 1974 (3) to establish training programs for persons, including professionals, paraprofessionals, and volunteers, who work with delinquents or potential delinquents or whose work or activities relate to juvenile delinquency programs; (4) to establish a centralized research effort on the problems of juvenile delinquency, including an information clearinghouse to disseminate the findings of such research and all data related to juvenile delinquency; (5) to develop and encourage the implementation of national standards for the administration of juvenile justice, including recommendations for administrative, budgetary, and legislative action at the Federal, State, and local level to facilitate the adoption of such standards; (6) to assist States and local communities with resources to develop and implement programs to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions; and (7) to establish a Federal assistance program to deal with the problems of runaway youth. (b) It is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination (1) to develop and implement effective methods of preventing and reducing juvenile delinquency; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; and (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile delinquency prevention. DEFINITIONS SEC. 103. For purposes of this Act (1) the term "community based" facility, program, or service means a small, open group home or other suitable place located near the juvenile's home or family and programs of community supervision and service which maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited to, medical, educational, vocational, social, and psychological guidance, training, counseling, alcoholism treatment, drug treatment, and other rehabilitative services; (2) the term "Federal juvenile delinquency program" means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this Act; (3) the term "juvenile delinquency program" means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity for neglected, abandoned, or dependent youth and other youth who are in danger of becoming delinquent; (4) the term "Law Enforcement Assistance Administration" means the agency established by section 101 (a) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; September 7, 1974 - 3 Pub. Law 93-415 (5) the term "Administrator" means the agency head designated by section 101(b) of the Omnibus Crime Control and Sate Streets Act of 1968, as amended; (6) the term "law enforcement and criminal justice" means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services, activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction; 42 USC 3711. 88 STAT. 11 (7) the term "State" means any State of the United States, the 88 STAT. 1112 District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States; (8) the term “unit of general local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agency may be used to provide the non-Federal share of the cost of programs or projects funded under this title; (9) the term "combination" as applied to States or units of general local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a law enforcement plan; (10) the term "construction" means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equip ment of any such buildings, or any combination of such activities (including architects' fees but not the cost of acquisition of land for buildings); (11) the term "public agency" means any State, unit of local government, combination of such States or units, or any depart ment, agency, or instrumentality of any of the foregoing; (12) the term "correctional institution or facility" means any place for the confinement or rehabilitation of juvenile offenders or individuals charged with or convicted of criminal offenses; and (13) the term "treatment" includes but is not limited to medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict or other user by eliminating his dependence on addicting or other drugs or by controlling his dependence, and his susceptibility to addiction or use. TITLE II-JUVENILE JUSTICE AND DELINQUENCY Part A-Juvenile Justice and Delinquency Prevention Office ESTABLISHMENT OF OFFICE SEC. 201. (a) There is hereby created within the Department of 42 USC 5611. Justice, Law Enforcement Assistance Administration, the Office of Pub. Law 93-415 4 September 7, 1974 Juvenile Justice and Delinquency Prevention (referred to in this Act as the "Office"). (b) The programs authorized pursuant to this Act unless otherwise specified in this Act shall be administered by the Office established under this section. (C) There shall be at the head of the Office an Assistant Administrator who shall be nominated by the President by and with the advice and consent of the Senate. (d) The Assistant Administrator shall exercise all necessary powers, subject to the direction of the Administrator of the Law Enforcement Assistance Administration. (e) There shall be in the Office a Deputy Assistant Administrator who shall be appointed by the Administrator of the Law Enforcement Assistance Administration. The Deputy Assistant Administrator shall perform such functions as the Assistant Administrator from time to time assigns or delegates, and shall act as Assistant Administrator during the absence or disability of the Assistant Administrator or in the event of a vacancy in the Office of the Assistant Administrator. (f) There shall be established in the Office a Deputy Assistant Administrator who shall be appointed by the Administrator whose function shall be to supervise and direct the National Institute for Juvenile Justice and Delinquency Prevention established under section 241 of this Act. (g) Section 5108 (c) (10) of title 5, United States Code first occurrence, is amended by deleting the word "twenty-two" and inserting in lieu thereof the word "twenty-five". PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS SEC. 202. (a) The Administrator is authorized to select, employ, and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in him and to prescribe their functions. (b) The Administrator is authorized to select, appoint, and employ not to exceed three officers and to fix their compensation at rates not to exceed the rate now or hereafter prescribed for GS-18 of the General Schedule by section 5332 of title 5 of the United States Code. (c) Upon the request of the Administrator, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of its personnel to the Assistant Administrator to assist him in carrying out his functions under this Act. (d) The Administrator may obtain services as authorized by section 3109 of title 5 of the United States Code, at rates not to exceed the rate now or hereafter prescribed for GS-18 of the General Schedule by section 5332 of title I of the United States Code. VOLUNTARY SERVICE SEC. 203. The Administrator is authorized to accept and employ, in carrying out the provisions of this Act, voluntary and uncompensated services notwithstanding the provisions of section 3679 (b) of the Revised Statutes (31 U.S.C. 665(b)). CONCENTRATION OF FEDERAL EFFORTS SEC. 204. (a) The Administrator shall implement overall policy and develop objectives and priorities for all Federal juvenile delinquency programs and activities relating to prevention, diversion, training, 80-236 0772 |