S 435 ISCommentsClose CommentsPermalink

To provide for evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to help build individual, family, and community strength and resiliency to ensure that youth lead productive, safe, healthy, gang-free, and law-abiding lives.CommentsClose CommentsPermalink

February 13, 2009CommentsClose CommentsPermalink

Mr. CASEY (for himself and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To provide for evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to help build individual, family, and community strength and resiliency to ensure that youth lead productive, safe, healthy, gang-free, and law-abiding lives.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act’ or the ‘Youth PROMISE Act’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Findings.CommentsClose CommentsPermalink

TITLE I--FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE INFORMATION AND EFFORTS

Sec. 101. PROMISE Advisory Panel.CommentsClose CommentsPermalink





Sec. 102. Geographic assessment of resource allocation.CommentsClose CommentsPermalink

TITLE II--PROMISE GRANTS

Sec. 200. Purposes.CommentsClose CommentsPermalink

Subtitle A--PROMISE Assessment and Planning Grants

Sec. 201. PROMISE Assessment and Planning grants authorized.CommentsClose CommentsPermalink





Sec. 202. PROMISE Coordinating Councils.CommentsClose CommentsPermalink





Sec. 203. Needs and strengths assessment.CommentsClose CommentsPermalink





Sec. 204. PROMISE Plan components.CommentsClose CommentsPermalink





Sec. 205. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--PROMISE Implementation Grants

Sec. 211. PROMISE Implementation grants authorized.CommentsClose CommentsPermalink





Sec. 212. PROMISE Implementation grant application requirements.CommentsClose CommentsPermalink





Sec. 213. Grant award guidelines.CommentsClose CommentsPermalink





Sec. 214. Reports.CommentsClose CommentsPermalink





Sec. 215. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle C--General PROMISE Grant Provisions

Sec. 221. Non-supplanting clause.CommentsClose CommentsPermalink





Sec. 222. Grant application review panel.CommentsClose CommentsPermalink





Sec. 223. Evaluation of PROMISE grant programs.CommentsClose CommentsPermalink

TITLE III--PROMISE RESEARCH CENTERS

Sec. 301. Establishment of National Research Center for Proven Juvenile Justice Practices.CommentsClose CommentsPermalink





Sec. 302. Grants for Regional Research Proven Practices Partnerships.CommentsClose CommentsPermalink

TITLE IV--YOUTH-ORIENTED POLICING SERVICES

Sec. 401. Purpose.CommentsClose CommentsPermalink





Sec. 402. Definitions.CommentsClose CommentsPermalink





Sec. 403. Grants to State, local, and tribal law enforcement agencies to hire and train youth-oriented policing officers.CommentsClose CommentsPermalink





Sec. 404. Establishment of Center for Youth-Oriented Policing.CommentsClose CommentsPermalink





Sec. 405. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE V--ENHANCED FEDERAL SUPPORT OF LOCAL LAW ENFORCEMENT

Subtitle A--Comprehensive Gang Prevention and Relief

Sec. 501. Short title.CommentsClose CommentsPermalink





Sec. 502. Findings.CommentsClose CommentsPermalink





Sec. 503. Designation as a High Intensity Gang Activity Area.CommentsClose CommentsPermalink





Sec. 504. Purpose of the Task Force.CommentsClose CommentsPermalink





Sec. 505. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Community and Police Collaboration

Sec. 511. Gang prevention grants.CommentsClose CommentsPermalink





Sec. 512. National youth anti-heroin media campaign.CommentsClose CommentsPermalink

Subtitle C--City Youth Violence Recovery

Sec. 521. Short title.CommentsClose CommentsPermalink





Sec. 522. Findings.CommentsClose CommentsPermalink





Sec. 523. Grants to prevent or alleviate the effects of youth violence.CommentsClose CommentsPermalink

TITLE VI--PRECAUTION ACT

Sec. 601. Short title.CommentsClose CommentsPermalink





Sec. 602. Purposes.CommentsClose CommentsPermalink





Sec. 603. Definitions.CommentsClose CommentsPermalink





Sec. 604. National Commission on Public Safety Through Crime Prevention.CommentsClose CommentsPermalink





Sec. 605. Innovative crime prevention and intervention strategy grants.CommentsClose CommentsPermalink

TITLE VII--ADDITIONAL IMPROVEMENTS TO JUVENILE JUSTICE

Sec. 701. Youth Victim and Witness Assistance Program.CommentsClose CommentsPermalink





Sec. 702. Expansion and reauthorization of the Mentoring Initiative for system-involved youth.CommentsClose CommentsPermalink





Sec. 703. Study on adolescent development and sentences in the Federal system.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Office of Juvenile Justice and Delinquency Prevention.CommentsClose CommentsPermalink





(2) COMMUNITY- The term ‘community’ means a unit of local government or an Indian Tribe, or part of such a unit or Tribe, as determined by such a unit or Tribe for the purpose of applying for a grant under this Act.CommentsClose CommentsPermalink





(3) DESIGNATED GEOGRAPHIC AREA- The term ‘designated geographic area’ means a 5-digit postal ZIP Code assigned to a geographic area by the United States Postal Service.CommentsClose CommentsPermalink





(4) EVIDENCE-BASED- The term ‘evidence-based’, when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, or strategy) that has statistically significant juvenile delinquency and criminal street gang activity reduction outcomes when evaluated by--CommentsClose CommentsPermalink





(A) an experimental trial, in which participants are randomly assigned to participate in the practice that is the subject of the trial; orCommentsClose CommentsPermalink





(B) a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants.CommentsClose CommentsPermalink





(5) INTERVENTION- The term ‘intervention’ means the provision of programs and services that are supported by research, are evidence-based or promising practices, and are provided to youth who are involved in, or who are identified by evidence-based risk assessment methods as being at high risk of continued involvement in, juvenile delinquency or criminal street gangs, as a result of indications that demonstrate involvement with problems such as truancy, substance abuse, mental health treatment needs, or siblings who have had involvement with juvenile or criminal justice systems.CommentsClose CommentsPermalink





(6) JUVENILE DELINQUENCY AND CRIMINAL STREET GANG ACTIVITY PREVENTION- The term ‘juvenile delinquency and criminal street gang activity prevention’ means the provision of programs and resources to children and families who have not yet had substantial contact with criminal justice or juvenile justice systems, that--CommentsClose CommentsPermalink





(A) are designed to reduce potential juvenile delinquency and criminal street gang activity risks; andCommentsClose CommentsPermalink





(B) are evidence-based or promising educational, health, mental health, school-based, community-based, faith-based, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks.CommentsClose CommentsPermalink





(7) PROMISING- The term ‘promising’, when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice that is not evidence-based, but--CommentsClose CommentsPermalink





(A) that has outcomes from an evaluation that demonstrate that such practice reduces juvenile delinquency or criminal street gang activity; orCommentsClose CommentsPermalink





(B) about which a study is being conducted to determine if such practice is evidence-based.CommentsClose CommentsPermalink





(8) YOUTH- The term ‘youth’ means--CommentsClose CommentsPermalink





(A) an individual who is 18 years of age or younger; orCommentsClose CommentsPermalink





(B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger.CommentsClose CommentsPermalink

SEC. 4. FINDINGS.

The Congress finds as follows:CommentsClose CommentsPermalink





(1) Youth gang crime has taken a toll on a number of urban communities, and senseless acts of gang-related violence have imposed economic, social, and human costs.CommentsClose CommentsPermalink





(2) The use of a wide range of evidence-based and promising programs, integrated into a youth-oriented community system of care, has been demonstrated to reduce youth violence, delinquency, and crime risks, as well as criminal justice, public assistance, victim assistance, and other costs.CommentsClose CommentsPermalink





(3) Coordinated efforts of stakeholders in the juvenile justice system in a local community, together with other organizations and community members concerned with the safety and welfare of children, have a strong record of demonstrated success in reducing the impact of youth and gang-related crime and violence, as demonstrated in Boston, Massachusetts, Chicago, Illinois, Richmond, Virginia, Los Angeles, California, and other communities.CommentsClose CommentsPermalink





(4) Investment in prevention and intervention programs for children and youth, including quality early childhood programs, comprehensive evidence-based school, after school, and summer school programs, mentoring programs, mental health and treatment programs, evidence-based job training programs, and alternative intervention programs, has been shown to lead to decreased youth arrests, decreased delinquency, lower recidivism, and greater financial savings from an educational, economic, social, and criminal justice perspective.CommentsClose CommentsPermalink





(5) Criminal justice costs have become burdensome in many States and cities, requiring reductions in vital educational, social, welfare, mental health, and related services.CommentsClose CommentsPermalink





(6) Targeting interventions at special youth risk groups and focusing upon relatively low-cost interventions increases the probability of fiscal benefit.CommentsClose CommentsPermalink





(7) Savings achieved through early intervention and prevention are significant, especially when non-criminal justice social, educational, mental health, and economic outcomes are considered.CommentsClose CommentsPermalink





(8) Evidence-based intervention treatment facilities have been shown to reduce youth delinquency and to be cost-effective.CommentsClose CommentsPermalink





(9) The prevention of child abuse and neglect can help stop a cycle of violence and save up to $5.00 for every $1.00 invested in preventing such abuse and neglect.CommentsClose CommentsPermalink





(10) Quality early childhood education programs have been demonstrated to help children start school ready to learn and to reduce delinquency and criminal street gang activity risks.CommentsClose CommentsPermalink





(11) Evidence-based mentoring programs have been shown to prevent youth drug abuse and violence.CommentsClose CommentsPermalink





(12) Evidence-based school-based comprehensive instructional programs that pair youth with responsible adult mentors have been shown to have a strong impact upon delinquency prevention.CommentsClose CommentsPermalink





(13) After-school programs that connect children to caring adults and that provide constructive activities during the peak hours of juvenile delinquency and criminal street gang activity, between 3:00 and 6:00 in the afternoon, have been shown to reduce delinquency and the attendant costs imposed on the juvenile and criminal justice systems.CommentsClose CommentsPermalink





(14) States with higher levels of educational attainment have been shown to have crime rates lower than the national average. Researchers have found that a 5 percent increase in male high school graduation rates would produce an annual savings of almost $5,000,000,000 in crime-related expenses.CommentsClose CommentsPermalink





(15) Therapeutic programs that engage and motivate high-risk youth and their families to change behaviors that often result in criminal activity have been shown to significantly reduce recidivism among juvenile offenders, and significantly reduce the attendant costs of crime and delinquency imposed upon the juvenile and criminal justice systems.CommentsClose CommentsPermalink





(16) Comprehensive programs that target kids who are already serious juvenile offenders by addressing the multiple factors in peer, school, neighborhood, and family environments known to be related to delinquency can reduce recidivism among juvenile offenders and save the public significant economic costs.CommentsClose CommentsPermalink





(17) There are many alternatives to incarceration of youth that have been proven to be more effective in reducing crime and violence at the National, State, local, and tribal levels, and the failure to provide for such effective alternatives is a pervasive problem that leads to increased youth, and later adult, crime and violence.CommentsClose CommentsPermalink





(18) Drug- and alcohol-dependent youth, and youth dually diagnosed with addiction and mental health disorders, are more likely to become involved with the juvenile justice system than youth without such risk factors, absent appropriate prevention and intervention services.CommentsClose CommentsPermalink





(19) Research funded by the Department of Justice indicates that gang-membership is short-lived among adolescents. With very few youth remaining gang-involved throughout their adolescent years, ongoing opportunities for intervention exist.CommentsClose CommentsPermalink





(20) Excessively punitive juvenile justice policies, including over-reliance on incarceration and confinement of youth, particularly in the early stages of delinquent behavior and for non-violent delinquent behavior, have been shown to increase long-term crime risks.CommentsClose CommentsPermalink





(21) Children of color are over-represented relative to the general population at every stage of the juvenile justice system.CommentsClose CommentsPermalink





(22) The rise in homicides in several cities in recent years followed declines in Federal funding provided for law enforcement, educational, health and mental health, social services, and other support to localities for youth, their families, and other community-oriented programs and approaches.CommentsClose CommentsPermalink





(23) Direct expenditure for jails and prisons, correctional personnel, prosecution, and law enforcement strategies that lead to increased incarceration have been steadily increasing. In fiscal year 2005, Federal, State, and local governments spent an estimated $204,000,000,000 for law enforcement, incarceration, corrections, and attendant judicial expenses, a 5.5 percent increase over the previous year.CommentsClose CommentsPermalink

TITLE I--FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE INFORMATION AND EFFORTSCommentsClose CommentsPermalink

SEC. 101. PROMISE ADVISORY PANEL.

(a) Organization of State Advisory Group Member Representatives- Section 223(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) ORGANIZATION OF STATE ADVISORY GROUP MEMBER REPRESENTATIVES- The Administrator shall provide technical and financial assistance to a nonpartisan, nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986, to assist such organization in carrying out the functions specified in paragraph (2). To receive such assistance, an organization shall--CommentsClose CommentsPermalink





‘(A) be governed by individuals who--CommentsClose CommentsPermalink





‘(i) have been appointed by a chief executive of a State to serve as a State advisory group member under subsection (a)(3); andCommentsClose CommentsPermalink





‘(ii) are elected to serve as a governing officer of such organization by a majority of the Chairs (or Chair-designees) of all such State advisory groups;CommentsClose CommentsPermalink





‘(B) include member representatives from a majority of such State advisory groups, who shall be representative of regionally and demographically diverse States and jurisdictions; andCommentsClose CommentsPermalink





‘(C) annually seek appointments by the chief executive of each State of one State advisory group member and one alternate State advisory group member from each such State to implement the advisory functions specified in subparagraphs (D) and (E) of paragraph (2), including serving on the PROMISE Advisory Panel, and make a record of any such appointments available to the public.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink





‘(D) advising the Administrator with respect to particular functions or aspects of the work of the Office, and appointing a representative, diverse group of members of such organization under paragraph (1) to serve as an advisory panel of State juvenile justice advisors (referred to as the ‘PROMISE Advisory Panel’) to carry out the functions specified in subsection (g); and’.CommentsClose CommentsPermalink





(b) PROMISE Advisory Panel- Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) PROMISE Advisory Panel-CommentsClose CommentsPermalink





‘(1) FUNCTIONS- The PROMISE Advisory Panel required under subsection (f)(2)(D) shall--CommentsClose CommentsPermalink





‘(A) assess successful evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention carried out by PROMISE Coordinating Councils under such Act;CommentsClose CommentsPermalink





‘(B) provide the Administrator with a list of individuals who have experience in administering or evaluating practices that serve youth involved in, or at risk of involvement in, juvenile delinquency and criminal street gang activity, from which the Administrator shall select individuals who shall--CommentsClose CommentsPermalink





‘(i) provide to the Administrator peer reviews of applications submitted by units of local government and Indian tribes pursuant to title II of such Act, to ensure that such applications demonstrate a clear plan to--CommentsClose CommentsPermalink





‘(I) serve youth as part of an entire family unit; andCommentsClose CommentsPermalink





‘(II) coordinate the delivery of service to youth among agencies; andCommentsClose CommentsPermalink





‘(ii) advise the Administrator with respect to the award and allocation of PROMISE Planning grants to local and tribal governments that develop PROMISE Coordinating Councils, and of PROMISE Implementation grants to such PROMISE Coordinating Councils, pursuant to title II of such Act;CommentsClose CommentsPermalink





‘(C) develop performance standards to be used to evaluate programs and activities carried out with grants under title II of the Youth PROMISE Act, including the evaluation of changes achieved as a result of such programs and activities related to decreases in juvenile delinquency and criminal street gang activity, including--CommentsClose CommentsPermalink





‘(i) prevention of involvement by at-risk youth in juvenile delinquency or criminal street gang activity;CommentsClose CommentsPermalink





‘(ii) diversion of youth with a high risk of continuing involvement in juvenile delinquency or criminal street gang activity; andCommentsClose CommentsPermalink





‘(iii) financial savings from deferred or eliminated costs, or other benefits, as a result of such programs and activities, and the reinvestment by the unit or Tribe of any such savings; andCommentsClose CommentsPermalink





‘(D) provide the Center for Youth-oriented Policing with a list of individuals the Panel recommends for membership on the Youth-oriented Policing Services Advisory Board, pursuant to section 403(c) of the Youth PROMISE Act.CommentsClose CommentsPermalink





‘(2) ANNUAL REPORT- Not later than 18 months after the date of the enactment of the Youth PROMISE Act, and annually thereafter, the PROMISE Advisory Panel shall prepare a report containing the findings and determinations under paragraph (1)(A) and shall submit such report to Congress, the President, the Attorney General, and the chief executive and chief law enforcement officer of each State, unit of local government, and Indian Tribe.’.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- Section 299(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)(1)) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) There are authorized to be appropriated to carry out this title--CommentsClose CommentsPermalink





‘(A) $6,800,000 for fiscal year 2010;CommentsClose CommentsPermalink





‘(B) $7,800,000 for fiscal year 2011;CommentsClose CommentsPermalink





‘(C) $8,800,000 for fiscal year 2012;CommentsClose CommentsPermalink





‘(D) $11,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink





‘(E) $13,600,000 for fiscal year 2014.’.CommentsClose CommentsPermalink

SEC. 102. GEOGRAPHIC ASSESSMENT OF RESOURCE ALLOCATION.

(a) Grant for Collection of Data To Determine Need- Subject to the availability of appropriations, the Administrator shall award a grant, on a competitive basis, to an organization to--CommentsClose CommentsPermalink





(1) collect and analyze data related to the existing juvenile delinquency and criminal street gang activity prevention and intervention needs and resources in each designated geographic area;CommentsClose CommentsPermalink





(2) use the data collected and analyzed under paragraph (1) to compile a list of designated geographic areas that are in need of resources to carry out juvenile delinquency and criminal street gang activity prevention and intervention;CommentsClose CommentsPermalink





(3) use the data collected and analyzed under paragraph (1) to rank such areas in descending order by the amount of need for resources to carry out juvenile delinquency and criminal street gang activity prevention and intervention, ranking the area with the greatest need for such resources highest; andCommentsClose CommentsPermalink





(4) periodically update the list under paragraph (2) and the rankings under paragraph (3) as the Administrator determines to be appropriate.CommentsClose CommentsPermalink





(b) Data Sources- In compiling such list and determining such rankings, the organization shall collect and analyze data relating to juvenile delinquency and criminal street gang activity prevention and intervention--CommentsClose CommentsPermalink





(1) using the geographic information system and web-based mapping application known as the Socioeconomic Mapping and Resource Topography (SMART) system;CommentsClose CommentsPermalink





(2) from the Department of Health and Human Services, the Department of Labor, the Department of Housing and Urban Development, and the Department of Education; andCommentsClose CommentsPermalink





(3) from the annual KIDS Count Data Book and other data made available by the KIDS Count initiative of the Annie E. Casey Foundation.CommentsClose CommentsPermalink





(c) Use of Data by the Administrator- The list and rankings required by this section shall be provided to the Administrator to be used to provide funds under this Act in the most strategic and effective manner to ensure that resources and services are provided to youth in the communities with the greatest need for such resources and services.CommentsClose CommentsPermalink





(d) Limitation on Use of Collected Data- The information collected and analyzed under this section may not be used for any purpose other than to carry out the purposes of this Act. Such information may not be used for any purpose related to the investigation or prosecution of any person, or for profiling of individuals based on race, ethnicity, socio-economic status, or any other characteristic.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2010 through 2012.CommentsClose CommentsPermalink

TITLE II--PROMISE GRANTSCommentsClose CommentsPermalink

SEC. 200. PURPOSES.

The purposes of the grant programs established under this title are to--CommentsClose CommentsPermalink





(1) enable local and tribal communities to assess the unmet needs of youth who are involved in, or are at risk of involvement in, juvenile delinquency or criminal street gangs;CommentsClose CommentsPermalink





(2) develop plans appropriate for a community to address those unmet needs with juvenile delinquency and gang prevention and intervention practices; andCommentsClose CommentsPermalink





(3) implement and evaluate such plans in a manner consistent with this Act.CommentsClose CommentsPermalink

Subtitle A--PROMISE Assessment and Planning GrantsCommentsClose CommentsPermalink

SEC. 201. PROMISE ASSESSMENT AND PLANNING GRANTS AUTHORIZED.

(a) Grants Authorized- The Administrator is authorized to award grants to units of local government and Indian Tribes to assist PROMISE Coordinating Councils with planning and assessing evidence-based and promising practices relating to juvenile delinquency and criminal street gang activity prevention and intervention, especially for youth who are involved in, or who are at risk of involvement in, juvenile delinquency and criminal street gang activity. Such PROMISE Coordinating Councils shall--CommentsClose CommentsPermalink





(1) conduct an objective needs and strengths assessment in accordance with section 203; andCommentsClose CommentsPermalink





(2) develop a PROMISE Plan in accordance with section 204, based on the assessment conducted in accordance with section 203.CommentsClose CommentsPermalink





(b) Grant Duration, Amount, and Allocation-CommentsClose CommentsPermalink





(1) DURATION- A grant awarded under this section shall be for a period not to exceed one year.CommentsClose CommentsPermalink





(2) MAXIMUM GRANT AMOUNT- A grant awarded under this section shall not exceed $300,000.CommentsClose CommentsPermalink





(c) Allocation-CommentsClose CommentsPermalink





(1) MINIMUM ALLOCATION- Subject to the availability of appropriations, the Administrator shall ensure that the total funds allocated under this section to units of local governments and Indian tribes in a State shall not be less than $250,000.CommentsClose CommentsPermalink





(2) RATABLE REDUCTION- If the amount made available for grants under this section for any fiscal year is less than the amount required to provide the minimum allocation of funds under paragraph (1) to units of local government and Indian tribes in each State, then the amount of such minimum allocation shall be ratably reduced.CommentsClose CommentsPermalink

SEC. 202. PROMISE COORDINATING COUNCILS.

To be eligible to receive a grant under this subtitle, a unit of local government or an Indian Tribe shall establish a PROMISE Coordinating Council for each community of such unit or Tribe, respectively, for which such unit or Tribe is applying for a grant under this subtitle. Each such community shall include one or more designated geographic areas identified on the list required under section 102(a)(2). The members of such a PROMISE Coordinating Council shall be representatives of public and private sector entities and individuals that--CommentsClose CommentsPermalink





(1) shall include, to the extent possible, at least one representative from each of the following:CommentsClose CommentsPermalink





(A) the local chief executive’s office;CommentsClose CommentsPermalink





(B) a local educational agency;CommentsClose CommentsPermalink





(C) a local health agency or provider;CommentsClose CommentsPermalink





(D) a local mental health agency or provider, unless the individual under subparagraph (C) also meets the requirements of this subparagraph;CommentsClose CommentsPermalink





(E) a local public housing agency;CommentsClose CommentsPermalink





(F) a local law enforcement agency;CommentsClose CommentsPermalink





(G) a local child welfare agency;CommentsClose CommentsPermalink





(H) a local juvenile court;CommentsClose CommentsPermalink





(I) a local juvenile prosecutor’s office;CommentsClose CommentsPermalink





(J) a private juvenile residential care entity;CommentsClose CommentsPermalink





(K) a local juvenile public defender’s office;CommentsClose CommentsPermalink





(L) a state juvenile correctional entity;CommentsClose CommentsPermalink





(M) a local business community representative; andCommentsClose CommentsPermalink





(N) a local faith-based community representative;CommentsClose CommentsPermalink





(2) shall include two representatives from each of the following:CommentsClose CommentsPermalink





(A) parents who have minor children, and who have an interest in the local juvenile or criminal justice systems;CommentsClose CommentsPermalink





(B) youth between the ages of 15 and 24 who reside in the jurisdiction of the unit or Tribe; andCommentsClose CommentsPermalink





(C) members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of the unit or Tribe; andCommentsClose CommentsPermalink





(3) may include other members, as the unit or Tribe determines to be appropriate.CommentsClose CommentsPermalink

SEC. 203. NEEDS AND STRENGTHS ASSESSMENT.

(a) Assessment- Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall conduct an objective strengths and needs assessment of the resources of the community for which such PROMISE Coordinating Council was established, to identify the unmet needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. The PROMISE Coordinating Council shall consult with a research partner receiving a grant under section 302 for assistance with such assessment. Such assessment shall include, with respect to the community for which such PROMISE Coordinating Council was established--CommentsClose CommentsPermalink





(1) the number of youth who are at-risk of involvement in juvenile delinquency or street gang activity;CommentsClose CommentsPermalink





(2) the number of youth who are involved in juvenile delinquency or criminal street gang activity, including the number of such youth who are at high-risk of continued involvement;CommentsClose CommentsPermalink





(3) youth unemployment rates during the summer;CommentsClose CommentsPermalink





(4) the number of individuals on public financial assistance (including a breakdown of the numbers of men, women, and children on such assistance), the estimated number of youth who are chronically truant, and the number of youth who have dropped out of school in the previous year;CommentsClose CommentsPermalink





(5) for the year before such assessment, the estimated total amount expended (by the community and other entities) for the incarceration of offenders who were convicted or adjudicated delinquent for an offense that was committed in such community, including amounts expended for the incarceration of offenders in prisons, jails, and juvenile facilities that are located in the United States but are not located in such community;CommentsClose CommentsPermalink





(6) a comparison of the amount under paragraph (5) with an estimation of the amount that would be expended for the incarceration of offenders described in such paragraph if the number of offenders described in such paragraph was equal to the national average incarceration rate per 100,000 population;CommentsClose CommentsPermalink





(7) a description of evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention available for youth in the community, including school-based programs, after school programs (particularly programs that have activities available for youth between 3:00 and 6:00 in the afternoon), weekend activities and programs, youth mentoring programs, faith and community-based programs, summer activities, and summer jobs, if any; andCommentsClose CommentsPermalink





(8) a description of evidence-based and promising intervention practices available for youth in the community.CommentsClose CommentsPermalink





(b) Limitation on Use of Assessment Information- Information gathered pursuant to this section may be used for the sole purpose of developing a PROMISE Plan in accordance with this subtitle.CommentsClose CommentsPermalink

SEC. 204. PROMISE PLAN COMPONENTS.

(a) In General- Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall develop a PROMISE Plan to provide for the coordination of, and, as appropriate, to support the delivery of, evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to youth and families who reside in the community for which such PROMISE Coordinating Council was established. Such a PROMISE Plan shall--CommentsClose CommentsPermalink





(1) include the strategy by which the PROMISE Coordinating Council plans to prioritize and allocate resources and services toward the unmet needs of youth in the community, consistent with the needs and available resources of communities with the greatest need for assistance, as determined pursuant to section 102;CommentsClose CommentsPermalink





(2) include a combination of evidence-based and promising prevention and intervention practices that are responsive to the needs of the community;CommentsClose CommentsPermalink





(3) take into account the cultural and linguistic needs of the community; andCommentsClose CommentsPermalink





(4) use approaches that have been shown to be effective at reducing the rates of juvenile delinquency and criminal street gang activity in communities.CommentsClose CommentsPermalink





(b) Mandatory Components- Each PROMISE Plan shall--CommentsClose CommentsPermalink





(1) include a plan to connect youth identified in paragraphs (1) and (2) of section 203(a) to evidence-based or promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;CommentsClose CommentsPermalink





(2) identify the amount or percentage of local funds that are available to the PROMISE Coordinating Council to carry out the PROMISE Plan;CommentsClose CommentsPermalink





(3) provide strategies to improve indigent defense delivery systems, with particular attention given to groups of children who are disproportionately represented in the State delinquency system and Federal criminal justice system, as compared to the representation of such groups in the general population of the State;CommentsClose CommentsPermalink





(4) provide for training (which complies with the American Bar Association Juvenile Justice Standards for the representation and care of youth in the juvenile justice system) of prosecutors, defenders, probation officers, judges and other court personnel related to issues concerning the developmental needs, challenges, and potential of youth in the juvenile justice system (including training related to adolescent development and mental health issues, and the expected impact of evidence-based practices and cost reduction strategies);CommentsClose CommentsPermalink





(5) ensure that the number of youth involved in the juvenile delinquency and criminal justice systems does not increase as a result of the activities undertaken with the funds provided under this subtitle;CommentsClose CommentsPermalink





(6) describe the coordinated strategy that will be used by the PROMISE Coordinating Council to provide at-risk youth with evidenced-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;CommentsClose CommentsPermalink





(7) propose the performance evaluation process to be used to carry out section 211(d), which shall include performance measures to assess efforts to address the unmet needs of youth in the community with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; andCommentsClose CommentsPermalink





(8) identify the research partner the PROMISE Coordinating Council will use to obtain information on evidenced-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, and for the evaluation under section 211(d) of the results of the activities carried out with funds under this subtitle.CommentsClose CommentsPermalink





(c) Voluntary Components- In addition to the components under subsection (b), a PROMISE Plan may include evidence-based or promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the following categories:CommentsClose CommentsPermalink





(1) Early childhood development services (such as pre-natal and neo-natal health services), early childhood prevention, voluntary home visiting programs, nurse-family partnership programs, parenting and healthy relationship skills training, child abuse prevention programs, Early Head Start, and Head Start.CommentsClose CommentsPermalink





(2) Child protection and safety services (such as foster care and adoption assistance programs), family stabilization programs, child welfare services, and family violence intervention programs.CommentsClose CommentsPermalink





(3) Youth and adolescent development services, including job training and apprenticeship programs, job placement and retention training, education and after school programs (such as school programs with shared governance by students, teachers, and parents, and activities for youth between the hours of 3:00 and 6:00 in the afternoon), mentoring programs, conflict resolution skills training, sports, arts, life skills, employment and recreation programs, summer jobs, and summer recreation programs, and alternative school resources for youth who have dropped out of school or demonstrate chronic truancy.CommentsClose CommentsPermalink





(4) Heath and mental health services, including cognitive behavioral therapy, play therapy, and peer mentoring and counseling.CommentsClose CommentsPermalink





(5) Substance abuse counseling and treatment services, including harm-reduction strategies.CommentsClose CommentsPermalink





(6) Emergency, transitional, and permanent housing assistance (such as safe shelter and housing for runaway and homeless youth).CommentsClose CommentsPermalink





(7) Targeted gang prevention, intervention, and exit services such as tattoo removal, successful models of anti-gang crime outreach programs (such as ‘street worker’ programs), and other criminal street gang truce or peacemaking activities.CommentsClose CommentsPermalink





(8) Training and education programs for pregnant teens and teen parents.CommentsClose CommentsPermalink





(9) Alternatives to detention and confinement programs (such as mandated participation in community service, restitution, counseling, and intensive individual and family therapeutic approaches).CommentsClose CommentsPermalink





(10) Pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community.CommentsClose CommentsPermalink

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this subtitle and section 102, $300,000,000 for fiscal year 2010.CommentsClose CommentsPermalink

Subtitle B--PROMISE Implementation GrantsCommentsClose CommentsPermalink

SEC. 211. PROMISE IMPLEMENTATION GRANTS AUTHORIZED.

(a) PROMISE Implementation Grants Authorized- The Administrator of the Office of Juvenile Justice and Delinquency Prevention is authorized to award grants to units of local government and Indian Tribes to assist PROMISE Coordinating Councils with implementing PROMISE Plans (developed pursuant to subtitle A).CommentsClose CommentsPermalink





(b) Grant Duration and Amount-CommentsClose CommentsPermalink





(1) DURATION- A grant awarded under this section shall be for a four-year period.CommentsClose CommentsPermalink





(2) MAXIMUM GRANT AMOUNT- A grant awarded under this section shall not be for more than $10,000,000 per year for each year of the grant period.CommentsClose CommentsPermalink





(c) Non-Federal Funds Required- For each fiscal year during the four-year grant period for a grant under this subtitle, each unit of local government or Indian Tribe receiving such a grant for a PROMISE Coordinating Council shall provide, from non-Federal funds, in cash or in kind, 25 percent of the costs of the activities carried out with such grant.CommentsClose CommentsPermalink





(d) Evaluation- Of any funds provided to a unit of local government or an Indian Tribe for a grant under this subtitle, not more than $100,000 shall be used to provide a contract to a competitively selected organization to assess the progress of the unit or Tribe in addressing the unmet needs of youth in the community, in accordance with the performance measures under section 204(b)(7).CommentsClose CommentsPermalink

SEC. 212. PROMISE IMPLEMENTATION GRANT APPLICATION REQUIREMENTS.

(a) Application Required- To be eligible to receive a PROMISE Implementation grant under this subtitle, a unit of local government or Indian Tribe that received a PROMISE Assessment and Planning grant under subtitle A shall submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention not later than one year after the date such unit of local government or Indian Tribe was awarded such grant under subtitle A, in such manner, and accompanied by such information, as the Administrator, after consultation with the organization under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)(1)), may require.CommentsClose CommentsPermalink





(b) Contents of Application- Each application submitted under subsection (a) shall--CommentsClose CommentsPermalink





(1) identify potential savings from criminal justice costs, public assistance costs, and other costs avoided by utilizing evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;CommentsClose CommentsPermalink





(2) document--CommentsClose CommentsPermalink





(A) investment in evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to be provided by the unit of local government or Indian Tribe;CommentsClose CommentsPermalink





(B) the activities to be undertaken with the grants funds;CommentsClose CommentsPermalink





(C) any expected efficiencies in the juvenile justice or other local systems to be attained as a result of implementation of the programs funded by the grant; andCommentsClose CommentsPermalink





(D) outcomes from such activities, in terms of the expected numbers related to reduced criminal activity;CommentsClose CommentsPermalink





(3) describe how savings sustained from investment in prevention and intervention practices will be reinvested in the continuing implementation of the PROMISE Plan; andCommentsClose CommentsPermalink





(4) provide an assurance that the local fiscal contribution with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the community for which the PROMISE Coordinating Council was established for each year of the grant period will not be less than the local fiscal contribution with respect to such practices in the community for the year preceding the first year of the grant period.CommentsClose CommentsPermalink

SEC. 213. GRANT AWARD GUIDELINES.

(a) Selection and Distribution- Grants awarded under this subtitle shall be awarded on a competitive basis. The Administrator shall--CommentsClose CommentsPermalink





(1) take such steps as may be necessary to ensure that grants are awarded to units of local governments and Indian Tribes in areas with the highest concentrations of youth who are--CommentsClose CommentsPermalink





(A) at-risk of involvement in juvenile delinquency or criminal street gang activity; andCommentsClose CommentsPermalink





(B) involved in juvenile delinquency or street gang activity and who are at high-risk of continued involvement; andCommentsClose CommentsPermalink





(2) give consideration to the need for grants to be awarded to units of local governments and Indian Tribes in each region of the United States, and among urban, suburban, and rural areas.CommentsClose CommentsPermalink





(b) Extension of Grant Award- The Administrator may extend the grant period under section 211(b)(1) for a PROMISE Implementation grant to a unit of local government or an Indian Tribe, in accordance with regulations issued by the Administrator.CommentsClose CommentsPermalink





(c) Renewal of Grant Award- Subject to the availability of appropriations, the Administrator may renew a PROMISE Implementation grant to a unit of local government or an Indian Tribe to provide such unit or Tribe with additional funds to continue implementation of a PROMISE Plan. Such a renewal--CommentsClose CommentsPermalink





(1) shall be initiated by an application for renewal from a unit of local government or an Indian Tribe;CommentsClose CommentsPermalink





(2) shall be carried out in accordance with regulations issued by the Administrator; andCommentsClose CommentsPermalink





(3) shall not be granted unless the Administrator determines such a renewal to be appropriate based on the results of the evaluation conducted under section 223(a) with respect to the community of such unit of Tribe for which a PROMISE Coordinating Council was established, and for which such unit or Tribe is applying for renewal.CommentsClose CommentsPermalink

SEC. 214. REPORTS.

Not later than one year after the end of the grant period for which a unit of local government or an Indian Tribe receives a PROMISE Implementation grant, and annually thereafter for as long as such unit or Tribe continues to receive Federal funding for a PROMISE Coordinating Council, such unit or Tribe shall report to the Administrator regarding the use of Federal funds to implement the PROMISE Plan developed under subtitle A.CommentsClose CommentsPermalink

SEC. 215. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this subtitle, such sums as may be necessary for each of the fiscal years 2010 through 2013.CommentsClose CommentsPermalink

Subtitle C--General PROMISE Grant ProvisionsCommentsClose CommentsPermalink

SEC. 221. NON-SUPPLANTING CLAUSE.

A unit of local government or Indian Tribe receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention.CommentsClose CommentsPermalink

SEC. 222. GRANT APPLICATION REVIEW PANEL.

The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in conjunction with the PROMISE Advisory Panel, shall establish and utilize a transparent, reliable, and valid system for evaluating applications for PROMISE Assessment and Planning grants and for PROMISE Implementation grants, and shall determine which applicants meet the criteria for funding, based primarily on a determination of greatest need (in accordance with section 102), with due consideration to other enumerated factors and the indicated ability of the applicant to successfully implement the program described in the application.CommentsClose CommentsPermalink

SEC. 223. EVALUATION OF PROMISE GRANT PROGRAMS.

(a) Evaluation Required- Subject to the availability of appropriations under this title, the Administrator shall, in consultation with the organization under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)(1)), provide for an evaluation of the programs and activities carried out with grants under this title. In carrying out this section, the Administrator shall--CommentsClose CommentsPermalink





(1) award grants to institutions of higher education (including institutions that are eligible to receive funds under part J of title IV of the Higher Education Act of 1965 (as amended by Public Law 110-84)) to facilitate the evaluation process and measurement of achieved outcomes;CommentsClose CommentsPermalink





(2) identify evidence-based and promising practices used by Promise Coordinating Councils under PROMISE Implementation grants that have proven to be effective in preventing involvement in, or diverting further involvement in, juvenile delinquency or criminal street gang activity; andCommentsClose CommentsPermalink





(3) ensure--CommentsClose CommentsPermalink





(A) that such evaluation is based on the performance standards that are developed by the PROMISE Advisory Panel in accordance with section 223(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (as added by section 101(b) of this Act);CommentsClose CommentsPermalink





(B) the development of longitudinal and clinical trial evaluation and performance measurements with regard to the evidence-based and promising practices funded under this title; andCommentsClose CommentsPermalink





(C) the dissemination of the practices identified in paragraph (2) to the National Research Center for Proven Practices Research (established under section 301), units of local government, and Indian Tribes to promote the use of such practices by such units and Tribes to prevent involvement in, or to divert further involvement in, juvenile delinquency or criminal street gang activity.CommentsClose CommentsPermalink





(b) Results to the National Research Center for Proven Juvenile Justice Practices- The Administrator shall provide the results of the evaluation under subsection (a) to the National Research Center for Proven Juvenile Justice Practices established under section 301.CommentsClose CommentsPermalink

TITLE III--PROMISE RESEARCH CENTERSCommentsClose CommentsPermalink

SEC. 301. ESTABLISHMENT OF NATIONAL RESEARCH CENTER FOR PROVEN JUVENILE JUSTICE PRACTICES.

(a) Center Established- Subject to the availability of appropriations, the Administrator shall award a grant to a nonprofit organization with a national reputation for expertise in operating or evaluating effective, evidenced-based practices related to juvenile delinquency and criminal street gang activity prevention or intervention to develop a National Research Center for Proven Juvenile Justice Practices. Such center shall--CommentsClose CommentsPermalink





(1) collaborate with institutions of higher education as regional partners to create a best practices juvenile justice information-sharing network to support the programs and activities carried out with grants under title II of this Act;CommentsClose CommentsPermalink





(2) collect, and disseminate to PROMISE Coordinating Councils, research and other information about evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to inform the efforts of PROMISE Coordinating Councils and regional research partners and to support the programs and activities carried out with grants under title II of this Act;CommentsClose CommentsPermalink





(3) increase the public’s knowledge and understanding of effective juvenile justice practices to prevent crime and delinquency and reduce recidivism; andCommentsClose CommentsPermalink





(4) develop, manage, and regularly update an Internet website to disseminate proven practices for successful juvenile delinquency prevention and intervention.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2010 through 2014.CommentsClose CommentsPermalink

SEC. 302. GRANTS FOR REGIONAL RESEARCH PROVEN PRACTICES PARTNERSHIPS.

(a) Grant Program Authorized- The Administrator shall, subject to the availability of appropriations, establish a grant program to award grants to institutions of higher education to serve as regional research partners with PROMISE Coordinating Councils that are located in the same geographic region as an institution, in collaboration with the National Center for Juvenile Justice Proven Practices authorized under section 301. Regional research partners shall provide research support to such PROMISE Coordinating Councils, including--CommentsClose CommentsPermalink





(1) assistance with preparing PROMISE grant applications under title II, including collection of baseline data for such applications;CommentsClose CommentsPermalink





(2) assistance with the needs and strengths assessments conducted under section 203; andCommentsClose CommentsPermalink





(3) provision of support services to PROMISE grant recipients for data collection and analysis to assess progress under the PROMISE grant.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2010 through 2014.CommentsClose CommentsPermalink

TITLE IV--YOUTH-ORIENTED POLICING SERVICESCommentsClose CommentsPermalink

SEC. 401. PURPOSE.

The purpose of this title is to prevent involvement by youth in, and to divert youth from further involvement in, juvenile delinquency and criminal street gang activity by providing funding for youth-oriented community-based law enforcement, through coordination with PROMISE Coordinating Councils and other community-based organizations, to carry out evidenced-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention that are aimed at reducing--CommentsClose CommentsPermalink





(1) the number of youth who are victims of crime;CommentsClose CommentsPermalink





(2) self-destructive behaviors in youth, including dropping out of school;CommentsClose CommentsPermalink





(3) juvenile delinquency; andCommentsClose CommentsPermalink





(4) criminal street gang activity.CommentsClose CommentsPermalink

SEC. 402. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) YOUTH-ORIENTED POLICING SERVICE- The term ‘Youth-oriented Policing Service’ means a strategic effort by a State, local, or tribal law enforcement agency to--CommentsClose CommentsPermalink





(A) provide evidenced-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; andCommentsClose CommentsPermalink





(B) use strategies based on the SARA model, in collaboration with community-based public and private organizations, to reduce--CommentsClose CommentsPermalink





(i) the number of youth who are victims of crime; andCommentsClose CommentsPermalink





(ii) the risks of juvenile delinquency and criminal street gang activity.CommentsClose CommentsPermalink





(2) SARA MODEL- The term ‘SARA model’ means a problem-solving technique used to organize approaches to recurring problems, which requires action with respect to a problem that includes scanning, analysis, response, and assessment.CommentsClose CommentsPermalink

SEC. 403. GRANTS TO STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT AGENCIES TO HIRE AND TRAIN YOUTH-ORIENTED POLICING OFFICERS.

(a) Hiring Grants Authorized- Subject to the availability of appropriations, the Director of the Office of Community Oriented Policing Services shall award grants to State, local, and tribal law enforcement agencies--CommentsClose CommentsPermalink





(1) to hire law enforcement officers as youth-oriented police to work collaboratively with PROMISE Coordinating Councils, other community-based organizations, and youth at high risk of becoming involved in delinquent activities to reduce such risks through specialized training related to--CommentsClose CommentsPermalink





(A) youth development;CommentsClose CommentsPermalink





(B) investigation of offenses committed by youth; andCommentsClose CommentsPermalink





(C) the effectiveness of evidenced-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, as compared to the effectiveness of traditional law enforcement approaches, when dealing with youth; andCommentsClose CommentsPermalink





(2) for training and capacity-building of law enforcement agencies related to youth-oriented policing practices and efforts, including--CommentsClose CommentsPermalink





(A) carrying out youth-oriented policing activities including systematic needs assessment, coordination, technology deployment, technical assistance, and problem solving techniques (such as strategies based on the SARA model); andCommentsClose CommentsPermalink





(B) working with PROMISE Coordinating Councils to develop effective initiatives and practices that promote healthy youth development and prevent involvement by youth in, or divert further youth involvement in, juvenile delinquency and criminal street gang activity.CommentsClose CommentsPermalink





(b) Duration- A grant awarded to a law enforcement agency under this section shall be for a 4-year period.CommentsClose CommentsPermalink





(c) Maximum Grant Amount- A grant awarded to a law enforcement agency under this section shall not exceed $2,000,000.CommentsClose CommentsPermalink





(d) Priority- In awarding grants under this section, the Director shall give priority to law enforcement agencies that serve designated geographic areas that are ranked highest in the rankings of such areas determined under section 102, and shall consider whether a law enforcement agency serves a community for which a PROMISE Coordinating Council was established.CommentsClose CommentsPermalink

SEC. 404. ESTABLISHMENT OF CENTER FOR YOUTH-ORIENTED POLICING.

(a) Grant To Establish Center for Youth-Oriented Policing- Subject to the availability of appropriations, the Director of the Office of Community Oriented Policing Services shall award a grant, on a competitive basis, to an eligible organization to establish a Center for Youth-oriented Policing to--CommentsClose CommentsPermalink





(1) develop a model Youth-oriented Policing Services training program to train representatives from State, regional, and local law enforcement training academies to provide Youth-oriented Policing Services training to law enforcement officers, which shall--CommentsClose CommentsPermalink





(A) be based on evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; andCommentsClose CommentsPermalink





(B) include training related to specialized police services for preventing youth at who are involved in, or who are at high risk of becoming involved in, juvenile delinquency or criminal street gang activity;CommentsClose CommentsPermalink





(2) support the adoption of new technologies related to--CommentsClose CommentsPermalink





(A) the prioritization of risks related to juvenile delinquency and criminal street gang activity;CommentsClose CommentsPermalink





(B) the safety of juveniles in custody; andCommentsClose CommentsPermalink





(C) the prevention of gun violence; andCommentsClose CommentsPermalink





(3) develop, compile, and disseminate to youth-oriented police information about evidence-based and promising practices that are best practices for Youth-oriented Policing Services for preventing and reducing involvement of youth in juvenile delinquency and criminal street gang activity.CommentsClose CommentsPermalink





(b) Eligible Organization- In this section, the term ‘eligible organization’ means a nonprofit organization that has demonstrated--CommentsClose CommentsPermalink





(1) experience in providing training, advice, and support to law enforcement agencies;CommentsClose CommentsPermalink





(2) commitment to helping youth avoid delinquency, crime, and involvement with the juvenile and criminal justice systems;CommentsClose CommentsPermalink





(3) experience in providing law-abiding alternative life styles to youth who are participating in delinquency and criminal street gang activity, or who are involved with the juvenile or criminal justice systems; andCommentsClose CommentsPermalink





(4) ability and commitment to work in partnership with community-based organizations that provide services to reduce juvenile delinquency and criminal street gang activity.CommentsClose CommentsPermalink





(c) YOPS Advisory Board-CommentsClose CommentsPermalink





(1) BOARD ESTABLISHED- The Center for Youth-oriented Policing established pursuant to subsection (a) shall establish a Youth-oriented Policing Services Advisory Board to develop an annual work plan for the Center (in accordance with the conditions and requirements of the grant provided under this section). Such Board shall meet at least once each calendar quarter to consider reports of the Center’s activities (including progress made toward accomplishing such work plan), and to approve continuation of or amendment to such work plan.CommentsClose CommentsPermalink





(2) MEMBERSHIP- The membership of the Youth-oriented Policing Services Advisory Board shall--CommentsClose CommentsPermalink





(A) be composed of--CommentsClose CommentsPermalink





(i) an appointee of the chief executive of the Center for Youth-oriented Policing, who shall serve in an ex-officio capacity;CommentsClose CommentsPermalink





(ii) an appointee of the PROMISE Advisory Panel established pursuant to section 223(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (as added by section 101(b) of this Act), who shall serve in an ex-officio capacity; andCommentsClose CommentsPermalink





(iii) individuals who are selected by the Center for Youth-oriented Policing from a list of recommended individuals provided by the PROMISE Advisory Panel in accordance with such section 223(g), as follows:CommentsClose CommentsPermalink





(I) 8 law enforcement officers from international, national, State, and local law enforcement organizations;CommentsClose CommentsPermalink





(II) 4 juvenile justice administrators (including judges), including 2 administrators from the State level and 2 administrators from the local level;CommentsClose CommentsPermalink





(III) 4 representatives of community-based organizations that advocate for juveniles, one each from a national, State, local, and tribal organization; andCommentsClose CommentsPermalink





(IV) 4 individuals who research juvenile crime prevention issues; andCommentsClose CommentsPermalink





(B) to the greatest extent possible, have a demographic composition that represents the demographic composition of the population of the United States.CommentsClose CommentsPermalink





(3) TERM OF MEMBERSHIP- Members of the Youth-oriented Policing Services Advisory Board shall serve for 3-year staggered terms.CommentsClose CommentsPermalink

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title $100,000,000 for each of the fiscal years 2010 through 2014, to be made available as follows:CommentsClose CommentsPermalink





(1) Such sums as may be necessary in each such fiscal year to carry out the activities of the Center for Youth-oriented Policing established pursuant to section 404, except that such sums shall not exceed $5,000,000 or 10 percent of the total amount appropriated to carry out this title, which ever is less.CommentsClose CommentsPermalink





(2) Of the funds remaining for each such fiscal year after sums are made available under paragraph (1)--CommentsClose CommentsPermalink





(A) 80 percent shall be available to award grants to carry out the activities in section 403(a)(1); andCommentsClose CommentsPermalink





(B) 20 percent shall be available to award grants to carry out the activities in section 403(a)(2).CommentsClose CommentsPermalink

TITLE V--ENHANCED FEDERAL SUPPORT OF LOCAL LAW ENFORCEMENTCommentsClose CommentsPermalink

Subtitle A--Comprehensive Gang Prevention and ReliefCommentsClose CommentsPermalink

SEC. 501. SHORT TITLE.

This subtitle may be cited as ‘Mynisha’s Law’.CommentsClose CommentsPermalink

SEC. 502. FINDINGS.

Congress finds--CommentsClose CommentsPermalink





(1) with an estimated 26,500 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children;CommentsClose CommentsPermalink





(2) on November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year-old Mynisha Crenshaw and seriously wounding her 14-year-old sister as they ate Sunday dinner with their family;CommentsClose CommentsPermalink





(3) this tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence;CommentsClose CommentsPermalink





(4) according to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States;CommentsClose CommentsPermalink





(5) the Federal Government has made an increased commitment to the suppression of gang violence through enhanced law enforcement and criminal penalties; andCommentsClose CommentsPermalink





(6) more Federal resources and coordination are needed to reduce gang violence through proven and proactive prevention and intervention programs that focus on keeping at-risk youth in school and out of the criminal justice system.CommentsClose CommentsPermalink

SEC. 503. DESIGNATION AS A HIGH INTENSITY GANG ACTIVITY AREA.

(a) In General- A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a High Intensity Gang Activity Area.CommentsClose CommentsPermalink





(b) Criteria-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General shall establish criteria for reviewing applications submitted under subsection (a).CommentsClose CommentsPermalink





(2) CONSIDERATIONS- In establishing criteria under subsection (a) and evaluating an application for designation as a High Intensity Gang Activity Area, the Attorney General shall consider--CommentsClose CommentsPermalink





(A) the current and predicted levels of gang crime activity in the area;CommentsClose CommentsPermalink





(B) the extent to which violent crime in the area appears to be related to criminal gang activity;CommentsClose CommentsPermalink





(C) the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities; andCommentsClose CommentsPermalink





(D) such other criteria as the Attorney General determines to be appropriate.CommentsClose CommentsPermalink

SEC. 504. PURPOSE OF THE TASK FORCE.

(a) In General- In order to coordinate Federal assistance to High Intensity Gang Activity Areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this subtitle referred to as the ‘Task Force’) in each such area, consisting of a representative from--CommentsClose CommentsPermalink





(1) the Department of Justice;CommentsClose CommentsPermalink





(2) the Department of Education;CommentsClose CommentsPermalink





(3) the Department of Labor;CommentsClose CommentsPermalink





(4) the Department of Health and Human Services; andCommentsClose CommentsPermalink





(5) the Department of Housing and Urban Development.CommentsClose CommentsPermalink





(b) Coordination- For each High Intensity Gang Activity Area designated by the Attorney General under section 503, the Task Force shall--CommentsClose CommentsPermalink





(1) coordinate the activities of the Federal Government to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; andCommentsClose CommentsPermalink





(2) coordinate its efforts with local and regional gang prevention efforts.CommentsClose CommentsPermalink





(c) Programs- Each Task Force shall prioritize the needs of a High Intensity Gang Activity Area for funding under--CommentsClose CommentsPermalink





(1) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.);CommentsClose CommentsPermalink





(2) the Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.);CommentsClose CommentsPermalink





(3) the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c-8);CommentsClose CommentsPermalink





(4) the Head Start Act (42 U.S.C. 9831 et seq.);CommentsClose CommentsPermalink





(5) the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.);CommentsClose CommentsPermalink





(6) the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);CommentsClose CommentsPermalink





(7) the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);CommentsClose CommentsPermalink





(8) the Gang Resistance Education and Training projects under subtitle X of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921);CommentsClose CommentsPermalink





(9) any program administered by the Office of Community Oriented Policing Services;CommentsClose CommentsPermalink





(10) the Juvenile Accountability Block Grant program under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.);CommentsClose CommentsPermalink





(11) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); andCommentsClose CommentsPermalink





(12) any other program that the Task Force determines to be appropriate.CommentsClose CommentsPermalink





(d) Reporting Requirements-CommentsClose CommentsPermalink





(1) ANNUAL TASK FORCE REPORTS TO AG- Not later than September 1 of each year, each Task Force shall submit to the Attorney General a report on the funding needs and programmatic outcomes for each area designated as a High Intensity Gang Activity Area.CommentsClose CommentsPermalink





(2) ANNUAL AG REPORT TO CONGRESS- Not later than December 1 of each year, the Attorney General shall submit a report to the appropriate committees of Congress and the Director of the Office of Management and Budget and the Domestic Policy Council that describes, for each designated High Intensity Gang Activity Area--CommentsClose CommentsPermalink





(A) the specific long-term and short-term goals and objectives of each such area;CommentsClose CommentsPermalink





(B) the measurements used to evaluate the performance of the High Intensity Gang Activity Area in achieving the long-term and short-term goals described under subparagraph (A);CommentsClose CommentsPermalink





(C) the age, composition, and membership of gangs in each such area;CommentsClose CommentsPermalink





(D) the number and nature of crimes committed by gangs and gang members in each such area;CommentsClose CommentsPermalink





(E) the definition of the term ‘gang’ used to compile the information required under this subsection for each such area; andCommentsClose CommentsPermalink





(F) the programmatic outcomes and funding need of each High Intensity Gang Activity Area, including--CommentsClose CommentsPermalink





(i) an evidence-based analysis of the best practices and outcomes from the work of the relevant local collaborative working group; andCommentsClose CommentsPermalink





(ii) an analysis of whether Federal resources distributed meet the needs of the High Intensity Gang Activity Area and, if any programmatic funding shortfalls exist, recommendations for programs or funding to meet such shortfalls.CommentsClose CommentsPermalink

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to meet any needs identified by the Attorney General or in any report submitted under section 504(d)(2).CommentsClose CommentsPermalink

Subtitle B--Community and Police CollaborationCommentsClose CommentsPermalink

SEC. 511. GANG PREVENTION GRANTS.

(a) Authority To Make Grants- The Office of Community Oriented Policing Services of the Department of Justice may make grants, in accordance with such regulations as the Director may prescribe to units of local government and Indian tribes with a PROMISE Coordinating Council (established in accordance with subtitle A or title II of this Act) to enable such PROMISE Coordinating Council to develop community-based programs that provide crime prevention, research, and intervention services that are designed to prevent violence and gang involvement by youthful offenders and at-risk youth.CommentsClose CommentsPermalink





(b) Use of Grant Amounts- A grant under this section may be used (including through subgrants) for--CommentsClose CommentsPermalink





(1) preventing initial gang recruitment and involvement among younger teenagers;CommentsClose CommentsPermalink





(2) preventing violence and gang involvement through nonviolent and constructive activities, such as community service programs, development of nonviolent conflict resolution skills, employment and legal assistance, family counseling, and other safe, community-based alternatives for crime-involved or high-risk youth;CommentsClose CommentsPermalink





(3) developing in-school and after-school gang safety, control, education, and resistance procedures and programs;CommentsClose CommentsPermalink





(4) identifying and addressing early childhood risk factors for violence and gang involvement, including parent training and childhood skills development;CommentsClose CommentsPermalink





(5) identifying and fostering protective factors that buffer children and adolescents from violence, crime, and gang involvement;CommentsClose CommentsPermalink





(6) developing and identifying investigative programs designed to deter gang recruitment, involvement, and activities through effective intelligence gathering;CommentsClose CommentsPermalink





(7) developing programs and youth centers for first-time nonviolent offenders facing alternative penalties, such as mandated participation in community service, restitution, counseling, and education and prevention programs;CommentsClose CommentsPermalink





(8) implementing multidisciplinary approaches to combat youth violence and gang involvement through coordinated programs operated by law enforcement and other public, private, and faith-based community organizations for prevention and intervention (including street outreach programs and other peacemaking activities, such as Ceasefire, COMPSTAT, CAPS, and GRIP) or coordinated law enforcement activities (including crime mapping strategies that enhance focused crime prevention, intervention, and reintegration strategies for offender reentry); orCommentsClose CommentsPermalink





(9) identifying at-risk and high-risk students through home visits organized through joint collaborations between law enforcement, faith-based organizations, schools, other community based organizations, and social workers.CommentsClose CommentsPermalink





(c) Grant Requirements-CommentsClose CommentsPermalink





(1) MAXIMUM- The amount of a grant under this section may not exceed $1,000,000.CommentsClose CommentsPermalink





(2) CONSULTATION AND COOPERATION- Each recipient of a grant under this section shall have in effect on the date of the application by that entity agreements to consult and cooperate with local, State, or Federal law enforcement and participate, as appropriate, in coordinated efforts to reduce gang activity and violence.CommentsClose CommentsPermalink





(d) Annual Report- Each recipient of a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section are expended, a report containing--CommentsClose CommentsPermalink





(1) a summary of the activities carried out with grant funds during that year;CommentsClose CommentsPermalink





(2) an assessment of the effectiveness of the crime prevention, research, and intervention activities of the recipient, based on data collected by the grant recipient;CommentsClose CommentsPermalink





(3) a strategic plan for the year following the year described in paragraph (1);CommentsClose CommentsPermalink





(4) evidence of consultation and cooperation with local, State, or Federal law enforcement or, if the grant recipient is a government entity, evidence of consultation with an organization engaged in any activity described in subsection (b); andCommentsClose CommentsPermalink





(5) such other information as the Attorney General may require.CommentsClose CommentsPermalink





(e) Definition- In this section, the term ‘units of local government’ includes sheriffs departments, police departments, and local prosecutor offices.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated for grants under this section, such sums as may be necessary for each of the fiscal years 2010 through 2014.CommentsClose CommentsPermalink

SEC. 512. NATIONAL YOUTH ANTI-HEROIN MEDIA CAMPAIGN.

Section 709 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (j) the following:CommentsClose CommentsPermalink





‘(k) Prevention of Heroin Abuse-CommentsClose CommentsPermalink





‘(1) FINDINGS- Congress finds the following:CommentsClose CommentsPermalink





‘(A) Heroin, and particularly the form known as ‘cheese heroin’ (a drug made by mixing black tar heroin with diphenhydramine), poses a significant and increasing threat to youth in the United States.CommentsClose CommentsPermalink





‘(B) Drug organizations import heroin from outside of the United States, mix the highly addictive drug with diphenhydramine, and distribute it mostly to youth.CommentsClose CommentsPermalink





‘(C) Since the initial discovery of cheese heroin on Dallas school campuses in 2005, at least 21 minors have died after overdosing on cheese heroin in Dallas County.CommentsClose CommentsPermalink





‘(D) The number of arrests involving possession of cheese heroin in the Dallas area during the 2006-2007 school year increased over 60 percent from the previous school year.CommentsClose CommentsPermalink





‘(E) The ease of communication via the Internet and cell phones allows a drug trend to spread rapidly across the country, creating a national threat.CommentsClose CommentsPermalink





‘(F) Gangs recruit youth as new members by providing them with this inexpensive drug.CommentsClose CommentsPermalink





‘(G) Reports show that there is rampant ignorance among youth about the dangerous and potentially fatal effects of cheese heroin.CommentsClose CommentsPermalink





‘(2) PREVENTION OF HEROIN ABUSE- In conducting advertising and activities otherwise authorized under this section, the Director shall promote prevention of youth heroin use, including cheese heroin.’.CommentsClose CommentsPermalink

Subtitle C--City Youth Violence RecoveryCommentsClose CommentsPermalink

SEC. 521. SHORT TITLE.

This subtitle may be cited as the ‘City Youth Violence Recovery Act’.CommentsClose CommentsPermalink

SEC. 522. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) The mental health of young people is essential to their overall well-being. Mental health affects how young people think, feel, and act; their ability to learn and engage in relationships; their self-esteem; their ability to evaluate situations and make choices; and their ability to handle stress, relate to other people, and acquire the skills and training needed for adulthood.CommentsClose CommentsPermalink





(2) Each year many children and adolescents sustain injuries from violence, lose friends or family members because of violence, or are adversely affected by witnessing violence.CommentsClose CommentsPermalink





(3) Youth violence, perpetrated both by and against young people, results in enormous physical, emotional, social, and economic consequences.CommentsClose CommentsPermalink





(4) The National Institutes of Health has found that inner-city children experience the greatest exposure to violence, and youngsters who have been exposed to community violence are more likely to exhibit aggressive behavior or depression within the following year.CommentsClose CommentsPermalink





(5) Any event that can cause a person to feel fear, helplessness, horror, and a sense that life or safety is in danger puts a person, especially children, at risk for posttraumatic stress.CommentsClose CommentsPermalink





(6) Many cities lack the resources to provide the appropriate youth counseling and therapy services to minimize the long-term emotional harm of community violence.CommentsClose CommentsPermalink

SEC. 523. GRANTS TO PREVENT OR ALLEVIATE THE EFFECTS OF YOUTH VIOLENCE.

(a) Grants- The Attorney General of the United States may award grants to eligible entities to prevent or alleviate the effects of youth violence in eligible urban communities by providing violence-prevention education, mentoring, counseling, and mental health services to children and adolescents in such communities.CommentsClose CommentsPermalink





(b) Priority- In awarding grants under this section, the Attorney General shall give priority to applicants that agree to use the grant in one or more eligible urban communities that lack the monetary or other resources to address youth violence.CommentsClose CommentsPermalink





(c) Limitation- The Attorney General may not make a grant to an eligible entity under this section unless the entity agrees to use not more than 15 percent of the funds provided through the grant for violence-prevention education.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘eligible entity’ means a partnership between a State mental health authority and one or more local public or private providers, such as a local government agency, State agency, educational institution, or nonprofit or for-profit organization.CommentsClose CommentsPermalink





(2) The term ‘eligible urban community’ means an urban community with a high or increasing incidence of youth violence.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink

TITLE VI--PRECAUTION ACTCommentsClose CommentsPermalink

SEC. 601. SHORT TITLE.

This title may be cited as the ‘Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009’, or the ‘PRECAUTION Act’.CommentsClose CommentsPermalink

SEC. 602. PURPOSES.

The purposes of this title are to--CommentsClose CommentsPermalink





(1) establish a commitment on the part of the Federal Government to provide leadership on successful crime prevention and intervention strategies;CommentsClose CommentsPermalink





(2) further the integration of crime prevention and intervention strategies into traditional law enforcement practices of State and local law enforcement offices around the country;CommentsClose CommentsPermalink





(3) develop a plain-language, implementation-focused assessment of those current crime and delinquency prevention and intervention strategies that are supported by rigorous evidence;CommentsClose CommentsPermalink





(4) provide additional resources to the National Institute of Justice to administer research and development grants for promising crime prevention and intervention strategies;CommentsClose CommentsPermalink





(5) develop recommendations for Federal priorities for crime and delinquency prevention and intervention research, development, and funding that may augment important Federal grant programs, including the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), grant programs administered by the Office of Community Oriented Policing Services of the Department of Justice, grant programs administered by the Office of Safe and Drug-Free Schools of the Department of Education, and other similar programs; andCommentsClose CommentsPermalink





(6) reduce the costs that rising violent crime imposes on interstate commerce.CommentsClose CommentsPermalink

SEC. 603. DEFINITIONS.

In this title, the following definitions shall apply:CommentsClose CommentsPermalink





(1) COMMISSION- The term ‘Commission’ means the National Commission on Public Safety Through Crime Prevention established under section 604(a).CommentsClose CommentsPermalink





(2) RIGOROUS EVIDENCE- The term ‘rigorous evidence’ means evidence generated by scientifically valid forms of outcome evaluation, particularly randomized trials (where practicable).CommentsClose CommentsPermalink





(3) SUBCATEGORY- The term ‘subcategory’ means 1 of the following categories:CommentsClose CommentsPermalink





(A) Family and community settings (including public health-based strategies).CommentsClose CommentsPermalink





(B) Law enforcement settings (including probation-based strategies).CommentsClose CommentsPermalink





(C) School settings (including antigang and general antiviolence strategies).CommentsClose CommentsPermalink





(4) TOP-TIER- The term ‘top-tier’ means any strategy supported by rigorous evidence of the sizable, sustained benefits to participants in the strategy or to society.CommentsClose CommentsPermalink

SEC. 604. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME PREVENTION.

(a) Establishment- There is established a commission to be known as the National Commission on Public Safety Through Crime Prevention.CommentsClose CommentsPermalink





(b) Members-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission shall be composed of 9 members, of whom--CommentsClose CommentsPermalink





(A) 3 shall be appointed by the President, 1 of whom shall be the Assistant Attorney General for the Office of Justice Programs or a representative of such Assistant Attorney General;CommentsClose CommentsPermalink





(B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives;CommentsClose CommentsPermalink





(C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B));CommentsClose CommentsPermalink





(D) 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; andCommentsClose CommentsPermalink





(E) 1 member appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)).CommentsClose CommentsPermalink





(2) PERSONS ELIGIBLE-CommentsClose CommentsPermalink





(A) IN GENERAL- Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission.CommentsClose CommentsPermalink





(B) REQUIRED REPRESENTATIVES- At least--CommentsClose CommentsPermalink





(i) 2 members of the Commission shall be respected social scientists with experience implementing or interpreting rigorous, outcome-based trials; andCommentsClose CommentsPermalink





(ii) 2 members of the Commission shall be law enforcement practitioners.CommentsClose CommentsPermalink





(3) CONSULTATION REQUIRED- The President, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission.CommentsClose CommentsPermalink





(4) TERM- Each member shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(5) TIME FOR INITIAL APPOINTMENTS- The appointment of the members shall be made not later than 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(6) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the original appointment was made, and shall be made not later than 60 days after the date on which the vacancy occurred.CommentsClose CommentsPermalink





(7) EX OFFICIO MEMBERS- The Director of the National Institute of Justice, the Director of the Office of Juvenile Justice and Delinquency Prevention, the Director of the Community Capacity Development Office, the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance, and the Director of Community Oriented Policing Services (or a representative of each such director) shall each serve in an ex officio capacity on the Commission to provide advice and information to the Commission.CommentsClose CommentsPermalink





(c) Operation-CommentsClose CommentsPermalink





(1) CHAIRPERSON- At the initial meeting of the Commission, the members of the Commission shall elect a chairperson from among its voting members, by a vote of 2/3 of the members of the Commission. The chairperson shall retain this position for the life of the Commission. If the chairperson leaves the Commission, a new chairperson shall be selected, by a vote of 2/3 of the members of the Commission.CommentsClose CommentsPermalink





(2) MEETINGS- The Commission shall meet at the call of the chairperson. The initial meeting of the Commission shall take place not later than 30 days after the date on which all the members of the Commission have been appointed.CommentsClose CommentsPermalink





(3) QUORUM- A majority of the members of the Commission shall constitute a quorum to conduct business, and the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission.CommentsClose CommentsPermalink





(4) RULES- The Commission may establish by majority vote any other rules for the conduct of Commission business, if such rules are not inconsistent with this title or other applicable law.CommentsClose CommentsPermalink





(d) Public Hearings-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission shall hold public hearings. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section.CommentsClose CommentsPermalink





(2) FOCUS OF HEARINGS- The Commission shall hold at least 3 separate public hearings, each of which shall focus on 1 of the subcategories.CommentsClose CommentsPermalink





(3) WITNESS EXPENSES- Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission.CommentsClose CommentsPermalink





(e) Comprehensive Study of Evidence-Based Crime Prevention and Intervention Strategies-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission shall carry out a comprehensive study of the effectiveness of crime and delinquency prevention and intervention strategies, organized around the 3 subcategories.CommentsClose CommentsPermalink





(2) MATTERS INCLUDED- The study under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a review of research on the general effectiveness of incorporating crime prevention and intervention strategies into an overall law enforcement plan;CommentsClose CommentsPermalink





(B) an evaluation of how to more effectively communicate the wealth of social science research to practitioners;CommentsClose CommentsPermalink





(C) a review of evidence regarding the effectiveness of specific crime prevention and intervention strategies, focusing on those strategies supported by rigorous evidence;CommentsClose CommentsPermalink





(D) an identification of--CommentsClose CommentsPermalink





(i) promising areas for further research and development; andCommentsClose CommentsPermalink





(ii) other areas representing gaps in the body of knowledge that would benefit from additional research and development;CommentsClose CommentsPermalink





(E) an assessment of the best practices for implementing prevention and intervention strategies;CommentsClose CommentsPermalink





(F) an assessment of the best practices for gathering rigorous evidence regarding the implementation of intervention and prevention strategies; andCommentsClose CommentsPermalink





(G) an assessment of those top-tier strategies best suited for duplication efforts in a range of settings across the country.CommentsClose CommentsPermalink





(3) INITIAL REPORT ON TOP-TIER CRIME PREVENTION AND INTERVENTION STRATEGIES-CommentsClose CommentsPermalink





(A) DISTRIBUTION- Not later than 18 months after the date on which all members of the Commission have been appointed, the Commission shall submit a public report on the study carried out under this subsection to--CommentsClose CommentsPermalink





(i) the President;CommentsClose CommentsPermalink





(ii) Congress;CommentsClose CommentsPermalink





(iii) the Attorney General;CommentsClose CommentsPermalink





(iv) the Chief Federal Public Defender of each district;CommentsClose CommentsPermalink





(v) the chief executive of each State;CommentsClose CommentsPermalink





(vi) the Director of the Administrative Office of the Courts of each State;CommentsClose CommentsPermalink





(vii) the Director of the Administrative Office of the United States Courts; andCommentsClose CommentsPermalink





(viii) the attorney general of each State.CommentsClose CommentsPermalink





(B) CONTENTS- The report under subparagraph (A) shall include--CommentsClose CommentsPermalink





(i) the findings and conclusions of the Commission;CommentsClose CommentsPermalink





(ii) a summary of the top-tier strategies, including--CommentsClose CommentsPermalink





(I) a review of the rigorous evidence supporting the designation of each strategy as top-tier;CommentsClose CommentsPermalink





(II) a brief outline of the keys to successful implementation for each strategy; andCommentsClose CommentsPermalink





(III) a list of references and other information on where further information on each strategy can be found;CommentsClose CommentsPermalink





(iii) recommended protocols for implementing crime and delinquency prevention and intervention strategies generally;CommentsClose CommentsPermalink





(iv) recommended protocols for evaluating the effectiveness of crime and delinquency prevention and intervention strategies; andCommentsClose CommentsPermalink





(v) a summary of the materials relied upon by the Commission in preparation of the report.CommentsClose CommentsPermalink





(C) CONSULTATION WITH OUTSIDE AUTHORITIES- In developing the recommended protocols for implementation and rigorous evaluation of top-tier crime and delinquency prevention and intervention strategies under this paragraph, the Commission shall consult with the Committee on Law and Justice at the National Academy of Science and with national associations representing the law enforcement and social science professions, including the National Sheriffs’ Association, the Police Executive Research Forum, the International Association of Chiefs of Police, the Consortium of Social Science Associations, and the American Society of Criminology.CommentsClose CommentsPermalink





(f) Recommendations Regarding Dissemination of the Innovative Crime Prevention and Intervention Strategy Grants-CommentsClose CommentsPermalink





(1) SUBMISSION-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 30 days after the date of the final hearing under subsection (d) relating to a subcategory, the Commission shall provide the Director of the National Institute of Justice with recommendations on qualifying considerations relating to that subcategory for selecting grant recipients under section 605.CommentsClose CommentsPermalink





(B) DEADLINE- Not later than 13 months after the date on which all members of the Commission have been appointed, the Commission shall provide all recommendations required under this subsection.CommentsClose CommentsPermalink





(2) MATTERS INCLUDED- The recommendations provided under paragraph (1) shall include recommendations relating to--CommentsClose CommentsPermalink





(A) the types of strategies for the applicable subcategory that would best benefit from additional research and development;CommentsClose CommentsPermalink





(B) any geographic or demographic targets;CommentsClose CommentsPermalink





(C) the types of partnerships with other public or private entities that might be pertinent and prioritized; andCommentsClose CommentsPermalink





(D) any classes of crime and delinquency prevention and intervention strategies that should not be given priority because of a pre-existing base of knowledge that would benefit less from additional research and development.CommentsClose CommentsPermalink





(g) Final Report on the Results of the Innovative Crime Prevention and Intervention Strategy Grants-CommentsClose CommentsPermalink





(1) IN GENERAL- Following the close of the 3-year implementation period for each grant recipient under section 605, the Commission shall collect the results of the study of the effectiveness of that grant under section 605(b)(3) and shall submit a public report to the President, the Attorney General, Congress, the chief executive of each State, and the attorney general of each State describing each strategy funded under section 605 and its results. This report shall be submitted not later than 5 years after the date of the selection of the chairperson of the Commission.CommentsClose CommentsPermalink





(2) COLLECTION OF INFORMATION AND EVIDENCE REGARDING GRANT RECIPIENTS- The Commission’s collection of information and evidence regarding each grant recipient under section 605 shall be carried out by--CommentsClose CommentsPermalink





(A) ongoing communications with the grant administrator at the National Institute of Justice;CommentsClose CommentsPermalink





(B) visits by representatives of the Commission (including at least 1 member of the Commission) to the site where the grant recipient is carrying out the strategy with a grant under section 605, at least once in the second and once in the third year of that grant;CommentsClose CommentsPermalink





(C) a review of the data generated by the study monitoring the effectiveness of the strategy; andCommentsClose CommentsPermalink





(D) other means as necessary.CommentsClose CommentsPermalink





(3) MATTERS INCLUDED- The report submitted under paragraph (1) shall include a review of each strategy carried out with a grant under section 605, detailing--CommentsClose CommentsPermalink





(A) the type of crime or delinquency prevention or intervention strategy;CommentsClose CommentsPermalink





(B) where the activities under the strategy were carried out, including geographic and demographic targets;CommentsClose CommentsPermalink





(C) any partnerships with public or private entities through the course of the grant period;CommentsClose CommentsPermalink





(D) the type and design of the effectiveness study conducted under section 605(b)(3) for that strategy;CommentsClose CommentsPermalink





(E) the results of the effectiveness study conducted under section 605(b)(3) for that strategy;CommentsClose CommentsPermalink





(F) lessons learned regarding implementation of that strategy or of the effectiveness study conducted under section 605(b)(3), including recommendations regarding which types of environments might best be suited for successful replication; andCommentsClose CommentsPermalink





(G) recommendations regarding the need for further research and development of the strategy.CommentsClose CommentsPermalink





(h) Personnel Matters-CommentsClose CommentsPermalink





(1) TRAVEL EXPENSES- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission.CommentsClose CommentsPermalink





(2) COMPENSATION OF MEMBERS- Members of the Commission shall serve without compensation.CommentsClose CommentsPermalink





(3) STAFF-CommentsClose CommentsPermalink





(A) IN GENERAL- The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.CommentsClose CommentsPermalink





(B) COMPENSATION- The chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.CommentsClose CommentsPermalink





(4) DETAIL OF FEDERAL EMPLOYEES- With the affirmative vote of 2/3 of the members of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges.CommentsClose CommentsPermalink





(i) Contracts for Research-CommentsClose CommentsPermalink





(1) NATIONAL INSTITUTE OF JUSTICE- With a 2/3 affirmative vote of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out its duties under this title. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services.CommentsClose CommentsPermalink





(2) OTHER ORGANIZATIONS- Nothing in this subsection shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the duties of the Commission under this section.CommentsClose CommentsPermalink





(j) Authorization of Appropriations- There are authorized to be appropriated $5,000,000 to carry out this section.CommentsClose CommentsPermalink





(k) Termination- The Commission shall terminate on the date that is 30 days after the date on which the Commission submits the last report required by this section.CommentsClose CommentsPermalink





(l) Exemption- The Commission shall be exempt from the Federal Advisory Committee Act.CommentsClose CommentsPermalink

SEC. 605. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGY GRANTS.

(a) Grants Authorized- The Director of the National Institute of Justice may make grants to public and private entities to fund the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. The purpose of grants under this section shall be to provide funds for all expenses related to the implementation of such a strategy and to conduct a rigorous study on the effectiveness of that strategy.CommentsClose CommentsPermalink





(b) Grant Distribution-CommentsClose CommentsPermalink





(1) PERIOD- A grant under this section shall be made for a period of not more than 3 years.CommentsClose CommentsPermalink





(2) AMOUNT- The amount of each grant under this section--CommentsClose CommentsPermalink





(A) shall be sufficient to ensure that rigorous evaluations may be performed; andCommentsClose CommentsPermalink





(B) shall not exceed $2,000,000.CommentsClose CommentsPermalink





(3) EVALUATION SET-ASIDE-CommentsClose CommentsPermalink





(A) IN GENERAL- A grantee shall use not less than $300,000 and not more than $700,000 of the funds from a grant under this section for a rigorous study of the effectiveness of the strategy during the 3-year period of the grant for that strategy.CommentsClose CommentsPermalink





(B) METHODOLOGY OF STUDY-CommentsClose CommentsPermalink





(i) IN GENERAL- Each study conducted under subparagraph (A) shall use an evaluator and a study design approved by the employee of the National Institute of Justice hired or assigned under subsection (c).CommentsClose CommentsPermalink





(ii) CRITERIA- The employee of the National Institute of Justice hired or assigned under subsection (c) shall approve--CommentsClose CommentsPermalink





(I) an evaluator that has successfully carried out multiple studies producing rigorous evidence of effectiveness; andCommentsClose CommentsPermalink





(II) a proposed study design that is likely to produce rigorous evidence of the effectiveness of the strategy.CommentsClose CommentsPermalink





(iii) APPROVAL- Before a grant is awarded under this section, the evaluator and study design of a grantee shall be approved by the employee of the National Institute of Justice hired or assigned under subsection (c).CommentsClose CommentsPermalink





(4) DATE OF AWARD- Not later than 6 months after the date of receiving recommendations relating to a subcategory from the Commission under section 4(f), the Director of the National Institute of Justice shall award all grants under this section relating to that subcategory.CommentsClose CommentsPermalink





(5) TYPE OF GRANTS- One-third of the grants made under this section shall be made in each subcategory. In distributing grants, the recommendations of the Commission under section 4(f) shall be considered.CommentsClose CommentsPermalink





(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $18,000,000 to carry out this subsection.CommentsClose CommentsPermalink





(c) Dedicated Staff-CommentsClose CommentsPermalink





(1) IN GENERAL- The Director of the National Institute of Justice shall hire or assign a full-time employee to oversee the grants under this section.CommentsClose CommentsPermalink





(2) STUDY OVERSIGHT- The employee of the National Institute of Justice hired or assigned under paragraph (1) shall be responsible for ensuring that grantees adhere to the study design approved before the applicable grant was awarded.CommentsClose CommentsPermalink





(3) LIAISON- The employee of the National Institute of Justice hired or assigned under paragraph (1) may be used as a liaison between the Commission and the recipients of a grant under this section. That employee shall be responsible for ensuring timely cooperation with Commission requests.CommentsClose CommentsPermalink





(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $150,000 for each of fiscal years 2010 through 2014 to carry out this subsection.CommentsClose CommentsPermalink





(d) Applications- A public or private entity desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Director of the National Institute of Justice may reasonably require.CommentsClose CommentsPermalink





(e) Cooperation With the Commission- Grant recipients shall cooperate with the Commission in providing them with full information on the progress of the strategy being carried out with a grant under this section, including--CommentsClose CommentsPermalink





(1) hosting visits by the members of the Commission to the site where the activities under the strategy are being carried out;CommentsClose CommentsPermalink





(2) providing pertinent information on the logistics of establishing the strategy for which the grant under this section was received, including details on partnerships, selection of participants, and any efforts to publicize the strategy; andCommentsClose CommentsPermalink





(3) responding to any specific inquiries that may be made by the Commission.CommentsClose CommentsPermalink

TITLE VII--ADDITIONAL IMPROVEMENTS TO JUVENILE JUSTICECommentsClose CommentsPermalink

SEC. 701. YOUTH VICTIM AND WITNESS ASSISTANCE PROGRAM.

(a) In General- Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (4), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) by a State, unit of local government, or Indian tribe to create and expand witness and victim protection programs to prevent threats, intimidation, and retaliation against juvenile victims of, and witnesses to, violent crimes.’.CommentsClose CommentsPermalink





(b) Expansion of Federal Witness Relocation and Protection Program- Section 3521(a)(1) of title 18, United States Code, is amended by inserting ‘criminal street gang, serious drug offense, homicide,’ after ‘organized criminal activity’.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- Section 31707 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

‘There are authorized to be appropriated $5,000,000 for each of the fiscal years 2010 through 2014 to carry out this subtitle.’.CommentsClose CommentsPermalink

SEC. 702. EXPANSION AND REAUTHORIZATION OF THE MENTORING INITIATIVE FOR SYSTEM-INVOLVED YOUTH.

(a) Expansion- Section 261(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by adding at the end the following: ‘Not later than 6 months after the date of enactment of the Youth PROMISE Act, the Administrator shall expand the number of sites receiving such grants from 4 to 12.’.CommentsClose CommentsPermalink





(b) Authorization of Program- Section 299(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(c)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘There are authorized’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) AUTHORIZATION OF APPROPRIATIONS FOR MENTORING INITIATIVE- There are authorized to be appropriated to carry out the Mentoring Initiative for System-Involved Youth Program under part E $4,800,000 for each of fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink

SEC. 703. STUDY ON ADOLESCENT DEVELOPMENT AND SENTENCES IN THE FEDERAL SYSTEM.

(a) In General- The United States Sentencing Commission shall conduct a study to examine the appropriateness of sentences for minors in the Federal system.CommentsClose CommentsPermalink





(b) Contents- The study conducted under subsection (a) shall--CommentsClose CommentsPermalink





(1) incorporate the most recent research and expertise in the field of adolescent brain development and culpability;CommentsClose CommentsPermalink





(2) evaluate the toll of juvenile crime, particularly violent juvenile crime, on communities;CommentsClose CommentsPermalink





(3) consider the appropriateness of life sentences without possibility for parole for minor offenders in the Federal system; andCommentsClose CommentsPermalink





(4) evaluate issues of recidivism by juveniles who are released from prison or detention after serving determinate sentences.CommentsClose CommentsPermalink





(c) Report- Not later than 1 year after the date of enactment of this Act, the United States Sentencing Commission shall submit to Congress a report regarding the study conducted under subsection (a), which shall--CommentsClose CommentsPermalink





(1) include the findings of the Commission;CommentsClose CommentsPermalink





(2) describe significant cases reviewed as part of the study; andCommentsClose CommentsPermalink





(3) make recommendations, if any.CommentsClose CommentsPermalink





(d) Revision of Guidelines- If determined appropriate by the United States Sentencing Commission after completing the study under subsection (a), the Commission may, pursuant to its authority under section 994 of title 28, United States Code, establish or revise guidelines and policy statements, as warranted, relating to the sentencing of minors.CommentsClose CommentsPermalink