39 STAT. 1119 Financial assistanoe, 11d tation. Post, p. 1129. 42 USC 563 3. 42 USC 3733. Requirements. 42 USC 3723. Advisory group. Consultation with local governments. Pub. Law 93-415 - 10 September 7, 1974 (c) In accordance with regulations promulgated under this part, a portion of any allotment to any State under this part shall be available to develop a State plan and to pay that portion of the expenditures which are necessary for efficient administration. Not more than 15 per centum of the total annual allotment of such State shall be available for such purposes. The State shall make available needed funds for planning and administration to local governments within the State on an equitable basis. (d) Financial assistance extended under the provisions of this section shall not exceed 90 per centum of the approved costs of any assisted programs or activities. The non-Federal share shall be made in cash or kind consistent with the maintenance of programs required by section 261. STATE PLANS SEC. 223. (a) In order to receive formula grants under this part, a State shall submit a plan for carrying out its purposes consistent with the provisions of section 303(a), (1), (3), (5), (6), (8), (10), (11), (12), and (15) of title I of the Omnibus Crime Control and Safe Streets Act of 1968. In accordance with regulations established under this title, such plan must (1) designate the State planning agency established by the State under section 203 of such title I as the sole agency for supervising the preparation and administration of the plan; (2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) (hereafter referred to in this part as the "State planning agency") has or will have authority, by legislation if necessary, to implement such plan in conformity with this part; (3) provide for an advisory group appointed by the chief executive of the State to advise the State planning agency and its supervisory board (A) which shall consist of not less than twentyone and not more than thirty-three persons who have training, experience, or special knowledge concerning the prevention and treatment of a juvenile delinquency or the administration of juvenile justice, (B) which shall include representation of units of local government, law enforcement and juvenile justice agencies such as law enforcement, correction or probation personnel, and juvenile or family court judges, and public agencies concerned with delinquency prevention or treatment such as welfare, social services, mental health, education, or youth services departments, (C) which shall include representatives of private organizations concerned with delinquency prevention or treatment; concerned with neglected or dependent children; concerned with the quality of juvenile justice, education, or social services for children; which utilize volunteers to work with delinquents or potential delinquents; community-based delinquency prevention or treatment programs: and organizations which represent employees affected by this Act, (D) a majority of whose members (including the chairman) shall not be full-time employees of the Federal, State, or local government, and (E) at least one-third of whose members shall be under the age of twenty-six at the time of appointment; (4) provide for the active consultation with and participation of local governments in the development of a State plan which adequately takes into account the needs and requests of local governments; September 7, 1974 - 11 Pub. Law 93-415 (5) provide that at least 663 per centum of the funds received by the State under section 222 shall be expended through programs of local government insofar as they are consistent with the State plan, except that this provision may be waived at the discretion of the Administrator for any State if the services for delinquent or potentially delinquent youth are organized primarily on a statewide basis; (6) provide that the chief executive officer of the local government shall assign responsibility for the preparation and administration of the local government's part of a State plan, or for the supervision of the preparation and administration of the local government's part of the State plan, to that agency within the local government's structure (hereinafter in this part referred to as the "local agency") which can most effectively carry out the purposes of this part and shall provide for supervision of the programs funded under this part by that local agency; (7) provide for an equitable distribution of the assistance received under section 222 within the State; 88 STAT. 1120 Ante, p. 1118. (8) set forth a detailed study of the State needs for an effec- Study. tive, comprehensive, coordinated approach to juvenile delinquency prevention and treatment and the improvement of the juvenile justice system. This plan shall include itemized esti mated costs for the development and implementation of such programs: (9) provide for the active consultation with and participation of private agencies in the development and execution of the State plan; and provide for coordination and maximum utilization of existing juvenile delinquency programs and other related programs, such as education, health, and welfare within the State: (10) provide that not less than 75 per centum of the funds available to such State under section 222, whether expended directly by the State or by the local government or through contracts with public or private agencies, shall be used for advanced techniques in developing, maintaining, and expanding programs and services designed to prevent juvenile delinquency, to divert juveniles from the juvenile justice system, and to provide com munity-based alternatives to juvenile detention and correctional facilities. That advanced techniques include-- Advanced (A) community-based programs and services for the pre- techniques. vention and treatment of juvenile delinquency through the development of foster-care and shelter-care homes, group homes, halfway houses, homemaker and home health services, and any other designated community-based diagnostic, treatment, or rehabilitative service; (B) community-based programs and services to work with parents and other family members to maintain and strengthen the family unit so that the juvenile may be retained in his home; (C) youth service bureaus and other community-based programs to divert youth from the juvenile court or to support. counsel, or provide work and recreational opportunities for delinquents and youth in danger of becoming delinquent : (D) comprehensive programs of drug and alcohol abuse education and prevention and programs for the treatment and rehabilitation of drug addicted youth, and "drug dependent" youth (as defined in section 2(q) of the Public Health Serv ice Act (42 U.S.C. 201 (q))); 88 STAT. 1121 80-236 - 77 - 3 Pub. Law 93-415 - 12 September 7, 1974 (E) educational programs or supportive services designed to keep delinquents and to encourage other youth to remain in elementary and secondary schools or in alternative learning situations; (F) expanded use of probation and recruitment and training of probation officers, other professional and paraprofessional personnel and volunteers to work effectively with youth; (G) youth initiated programs and outreach programs designed to assist youth who otherwise would not be reached by assistance programs; (H) provides for a statewide program through the use of probation subsidies, other subsidies, other financial incentives or disincentives to units of local government, or other effective means, that may include but are not limited to programs designed to (i) reduce the number of commitments of juveniles to any form of juvenile facility as a percentage of the State juvenile population; (ii) increase the use of nonsecure community-based facilities as a percentage of total commitments to juvenile facilities; and (iii) discourage the use of secure incarceration and detention; (11) provides for the development of an adequate research, training, and evaluation capacity within the State; (12) provide within two years after submission of the plan that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult, shall not be placed in juvenile detention or correctional facilities, but must be placed in shelter facilities; (13) provide that juveniles alleged to be or found to be delinquent shall not be detained or confined in any institution in which they have regular contact with adult persons incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges; (14) provide for an adequate system of monitoring jails, detention facilities, and correctional facilities to insure that the requirements of section 223 (12) and (13) are met, and for annual reporting of the results of such monitoring to the Administrator; (15) provide assurance that assistance will be available on an equitable basis to deal with all disadvantaged youth including, but not limited to, females, minority youth, and mentally retarded and emotionally or physically handicapped youth; (16) provide for procedures to be established for protecting the rights of recipients of services and for assuring appropriate privacy with regard to records relating to such services provided to any individual under the State plan; (17) provide that fair and equitable arrangements are made to protect the interests of employees affected by assistance under this Act. Such protective arrangements shall, to the maximum extent feasible, include, without being limited to, such provisions as may be necessary for (A) the preservation or rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective-bargaining agreements or otherwise; (B) the continuation of collective-bargaining rights; September 7, 1974 - 13 Pub. Law 93-415 (C) the protection of individual employees against a worsening of their positions with respect to their employment; (D) assurances of employment to employees of any State or The State plan shall provide for the terms and conditions of the (19) provide reasonable assurance that Federal funds made available under this part for any period will be so used as to supplement and increase (but not supplant), to the extent feasible and practical, the level of the State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part, and will in no event replace such State, local, and other non-Federal funds; (20) provide that the State planning agency will from time to time, but not less often then 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 Ŝtate and local needs, which it considers necessary; and (21) contain such other terms and conditions as the Administrator may reasonably prescribe to assure the effectiveness of the programs assisted under this title. Such plan may at the discretion of the Administrator be incorporated into the plan specified in 303 (a) of the Omnibus Crime Control and Safe Streets Act. (b) The State planning agency designated pursuant to section 223(a), after consultation with the advisory group referred to in section 223 (a), shall approve the State plan and any modification thereof prior to submission to the Administrator. (c) The Administrator shall approve any State plan and any modification thereof that meets the requirements of this section. 88 STAT. 112 42 USC 3733. Ante, p. 111. State plan, approval, (d) In the event that any State fails to submit a plan, or submits a plan or any modification thereof, which the Administrator, after reasonable notice and opportunity for hearing, in accordance with sections 509, 510, and 511 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, determines does not meet the requirements of this 42 SC 3757section, the Administrator shall make that State's allotment under 3759. the provisions of section 222 (a) available to public and private agen- Ante, p. 115. cies for special emphasis prevention and treatment programs as defined in section 224. (e) In the event the plan does not meet the requirements of this section due to oversight or neglect, rather than explicit and conscious decision, the Administrator shall endeavor to make that State's allotment under the provisions of section 222(a) available to public and private agencies in that State for special emphasis prevention and treatment programs as defined in section 224. Subpart II-Special Emphasis Prevention and Treatment Programs Supra. Grauts and SEC. 224. (a) The Administrator is authorized to make grants to and enter into contracts with public and private agencies, organiza-ontracts. tions, institutions, or individuals to 42 USC 5634. 88 STAT, 1123 Post, p. 1127. 42 USC 5635. Reports. Fiscal control and fund aocounting. Pub. Law 93-415 - 14 September 7, 1974 (1) develop and implement new approaches, techniques, and methods with respect to juvenile delinquency programs; (2) develop and maintain community-based alternatives to traditional forms of institutionalization; (3) develop and implement effective means of diverting juveniles from the traditional juvenile justice and correctional system; (4) improve the capability of public and private agencies and organizations to provide services for delinquents and youths in danger of becoming delinquent; (5) facilitate the adoption of the recommendations of the Advisory Committee on Standards for Juvenile Justice and the Institute as set forth pursuant to section 247; and (6) develop and implement model programs and methods to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions. (b) Not less than 25 per centum or more than 50 per centum of the funds appropriated for each fiscal year pursuant to this part shall be available only for special emphasis prevention and treatment grants and contracts made pursuant to this section. (c) At least 20 per centum of the funds available for grants and contracts made pursuant to this section shall be available for grants and contracts to private nonprofit agencies, organizations, or institutions who have had experience in dealing with youth. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS SEC. 225. (a) Any agency, institution, or individual desiring to receive a grant, or enter into any contract under section 224, shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe. (b) In accordance with guidelines established by the Administrator, each such application shall (1) provide that the program for which assistance is sought will be administered by or under the supervision of the applicant: (2) set forth a program for carrying out one or more of the purposes set forth in section 224; (3) provide for the proper and efficient administration of such program; (4) provide for regular evaluation of the program; (5) indicate that the applicant has requested the review of the application from the State planning agency and local agency designated in section 223, when appropriate, and indicate the response of such agency to the request for review and comment on the application; (6) provide that regular reports on the program shall be sent to the Administrator and to the State planning agency and local agency, when appropriate; (7) provide for such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this title; and (8) indicate the response of the State agency or the local agency to the request for review and comment on the application. (c) In determining whether or not to approve applications for grants under section 224, the Administrator shall consider |