Sec. 205. State plans
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Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633 ) is amended— in subsection (a)— in the matter preceding paragraph (1), by striking and shall describe the status of compliance with State plan requirements. and inserting the following: shall describe the status of compliance with State plan requirements, and shall describe how the State plan is supported by or takes account of scientific knowledge regarding adolescent development and behavior and regarding the effects of delinquency prevention programs and juvenile justice interventions on adolescents.
Not later than 30 days after the date on which a plan or amended plan submitted under this subsection is finalized, a State shall make the plan or amended plan publicly available by posting the plan or amended plan on the State’s publicly available website. ; in paragraph (3)— in subparagraph (A)— in clause (i), by inserting adolescent development, after concerning ; in clause (ii)— in subclause (II), by striking counsel for children and youth and inserting publicly supported court-appointed legal counsel for children and youth charged in delinquency matters ; in subclause (III), by striking mental health, education, special education and inserting children's mental health, education, child and adolescent substance abuse, special education, services for youth with disabilities ; in subclause (V), by striking delinquents or potential delinquents and inserting delinquent youth or youth at risk of delinquency ; in subclause (VII), by striking and at the end; by redesignating subclause
(VIII)as subclause (XI); by inserting after subclause
(VII)the following: the executive director or the designee of the executive director of a public or nonprofit entity that is located in the State and receiving a grant under part A of title III; persons with expertise and competence in preventing and addressing mental health and substance abuse needs in juvenile delinquents and those at-risk of delinquency; representatives of victim or witness advocacy groups; and ; and in subclause (XI), as so redesignated, by striking disabilities and inserting and other disabilities, truancy reduction, school failure ; and in clause (iv), by striking 24 at the time of appointment and inserting 28 ; in subparagraph (D)(ii), by striking requirements of paragraphs (11), (12), and
(13)and inserting core requirements ; and in subparagraph (E)(i), by adding and at the end; in paragraph (5)— in the matter preceding subparagraph (A), by striking section 222(d) and inserting section 222(e) ; and in subparagraph (C), by striking Indian tribes and all that follows through applicable to the detention and confinement of juveniles and inserting Indian tribes that agree to attempt to comply with the core requirements applicable to the detention and confinement of juveniles ; in paragraph (7)— in subparagraph (A), by striking performs law enforcement functions and inserting has jurisdiction ; and in subparagraph (B)— by striking clause
(i)and inserting the following: a plan for ensuring that the chief executive officer of the State, State legislature, and all appropriate public agencies in the State with responsibility for provision of services to children, youth, and families are informed of the requirements of the State plan and compliance with the core requirements; ; in clause (iii), by striking and at the end; and by striking clause
(iv)and inserting the following: a plan to provide alternatives to detention, including diversion to home-based or community-based services that are culturally and linguistically competent or treatment for those youth in need of mental health, substance abuse, or co-occurring disorder services at the time such juveniles first come into contact with the juvenile justice system; a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting placement in residential treatment programs; a plan to engage family members, where appropriate, in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement; and a plan to use community-based services to address the needs of at-risk youth or youth who have come into contact with the juvenile justice system; ; in paragraph (8), by striking existing and inserting evidence-based and promising ; in paragraph (9)— in the matter preceding subparagraph (A)— by striking section 222(d) and inserting section 222(e) ; and by striking used for— and inserting used for evidence-based and trauma-informed— ; in subparagraph (A)(i), by inserting status offenders and other before youth who need ; in subparagraph (B)(i)— by striking parents and other family members and inserting status offenders, other youth, and the parents and other family members of such offenders and youth ; and by striking be retained and inserting remain ; by redesignating subparagraphs
(G)through
(S)as subparagraphs
(H)through (T), respectively; in subparagraph (F), in the matter preceding clause (i), by striking expanding and inserting programs to expand ; by inserting after subparagraph (F), the following: expanding access to publicly supported, court-appointed legal counsel and enhancing capacity for the competent representation of every child; ; in subparagraph (M), as so redesignated— in clause (i), by striking restraints and inserting alternatives ; and in clause (ii), by striking by the provision ; in subparagraph (S), as so redesignated, by striking the and at the end; in subparagraph (T), as so redesignated, by striking the period at the end and inserting a semicolon; and by inserting after subparagraph
(T)the following: programs and projects designed to inform juveniles of the opportunity and process for expunging juvenile records and to assist juveniles in pursuing juvenile record expungements for both adjudications and arrests not followed by adjudications; and programs that address the needs of girls in or at risk of entering the juvenile justice system, including young mothers, survivors of commercial sexual exploitation or domestic child sex trafficking, girls with disabilities, and girls of color, including girls who are members of an Indian tribe; ; in paragraph (11)— in subparagraph (A)— in the matter preceding clause (i), by inserting and individuals under 18 years of age who are charged with or who have committed an offense of purchase or public possession of any alcoholic beverage after by an adult ; and in the matter following clause (iii), by striking and at the end; in subparagraph (B), by adding and at the end; and by adding at the end the following: encourage the use of community-based alternatives to secure detention, including programs of public and nonprofit entities receiving a grant under part A of title III; ; in paragraph (12)(A), by striking contact and inserting sight or sound contact ; in paragraph (13), by striking contact each place it appears and inserting sight or sound contact ; by striking paragraph (22); by redesignating paragraphs
(23)through
(28)as paragraphs
(24)through (29), respectively; by redesignating paragraphs
(14)through
(21)as paragraphs
(16)through (23), respectively; by inserting after paragraph
(13)the following: require that— not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 , unless a court finds, after a hearing and in writing, that it is in the interest of justice, juveniles awaiting trial or other legal process who are treated as adults for purposes of prosecution in criminal court and housed in a secure facility— shall not have sight or sound contact with adult inmates; and except as provided in paragraph (13), may not be held in any jail or lockup for adults; in determining under subparagraph
(A)whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have sight or sound contact with adult inmates, a court shall consider— the age of the juvenile; the physical and mental maturity of the juvenile; the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile; the nature and circumstances of the alleged offense; the juvenile’s history of prior delinquent acts; the relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the public; whether placement in a juvenile facility will better serve the long-term interests of the juvenile and be more likely to prevent recidivism; the availability of programs designed to treat the juvenile’s behavioral problems; and any other relevant factor; and if a court determines under subparagraph
(A)that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults— the court shall hold a hearing not less frequently than once every 30 days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight or sound contact; and the juvenile shall not be held in any jail or lockup for adults, or permitted to have sight or sound contact with adult inmates, for more than 180 days, unless the court, in writing, determines there is good cause for an extension or the juvenile expressly waives this limitation; implement policy, practice, and system improvement strategies at the State, territorial, local, and tribal levels, as applicable, to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system, without establishing or requiring numerical standards or quotas, by— establishing coordinating bodies, composed of juvenile justice stakeholders at the State, local, or tribal levels, to oversee and monitor efforts by States, units of local government, and Indian tribes to reduce racial and ethnic disparities; identifying and analyzing key decision points in State, local, or tribal juvenile justice and educational systems to determine which points create racial and ethnic disparities among youth who come into contact with the juvenile justice system; developing and implementing data collection and analysis systems to identify where racial and ethnic disparities exist in the juvenile justice system and to track and analyze such disparities; developing and implementing a work plan that includes measurable objectives for policy, practice, or other system changes, based on the needs identified in the data collection and analysis under subparagraphs
(B)and (C); and publicly reporting, on an annual basis, the efforts made in accordance with subparagraphs (B), (C), and (D); ; in paragraph (16), as so redesignated— by striking adequate system and inserting effective system ; by striking requirements of paragraph (11), and all that follows through monitoring to the Administrator and inserting the core requirements are met, and for annual reporting to the Administrator of such plan, including the results of such monitoring and all related enforcement and educational activities ; and by striking , in the opinion of the Administrator, ; in paragraph (17), as so redesignated, by inserting ethnicity, after race, ; in paragraph (24), as so redesignated— in subparagraphs (A), (B), and (C), by striking juvenile each place it appears and inserting status offender ; in subparagraph (B), by striking and at the end; in subparagraph (C)— in clause (i), by striking and at the end; in clause (ii), by adding and at the end; and by adding at the end the following: if such court determines the status offender should be placed in a secure detention facility or correctional facility for violating such order— the court shall issue a written order that— identifies the valid court order that has been violated; specifies the factual basis for determining that there is reasonable cause to believe that the status offender has violated such order; includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the status offender in such a facility, with due consideration to the best interest of the juvenile; specifies the length of time, not to exceed 7 days, that the status offender may remain in a secure detention facility or correctional facility, and includes a plan for the status offender’s release from such facility; and may not be renewed or extended; and the court may not issue a second or subsequent order described in subclause
(I)relating to a status offender, unless the status offender violates a valid court order after the date on which the court issues an order described in subclause (I); ; and by adding at the end the following: there are procedures in place to ensure that any status offender held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody longer than 7 days or the length of time authorized by the court, whichever is shorter; and not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 with a 1-year extension for each additional year that the State can demonstrate hardship as determined by the Administrator, the State will eliminate the use of valid court orders to provide secure lockup of status offenders; ; in paragraph (26), as so redesignated, by striking section 222(d) and inserting section 222(e) ; in paragraph (27), as so redesignated— by inserting and in accordance with confidentiality concerns, after maximum extent practicable, ; and by striking the semicolon at the end and inserting the following: “, so as to provide for— a compilation of data reflecting information on juveniles entering the juvenile justice system with a prior reported history as victims of child abuse or neglect through arrest, court intake, probation and parole, juvenile detention, and corrections; and a plan to use the data described in subparagraph
(A)to provide necessary services for the treatment of victims of child abuse and neglect who have entered, or are at risk of entering, the juvenile justice system; ; in paragraph (28), as so redesignated— by striking establish policies and inserting establish protocols, policies, procedures, ; and by striking and at the end; in paragraph (29), as so redesignated, by striking the period at the end and inserting a semicolon; and by adding at the end the following: provide for the coordinated use of funds provided under this Act with other Federal and State funds directed at juvenile delinquency prevention and intervention programs; develop policies and procedures, and provide training for facility staff to eliminate the use of dangerous practices, unreasonable restraints, and unreasonable isolation, including by developing effective behavior management techniques; describe— the evidence-based methods that will be used to conduct mental health and substance abuse screening, assessment, referral, and treatment for all juveniles who— request a screening; show signs of needing a screening; or are held for a period of more than 24 hours in a secure facility that provides for an initial screening; the method to be used by the State to provide or arrange for mental health and substance abuse disorder treatment for juveniles determined to be in need of such treatment; and the policies of the State designed to develop and implement comprehensive collaborative State or local plans to meet the service needs of juveniles with mental health or substance abuse needs who come into contact with the justice system and the families of the juveniles, including recognizing trauma histories of juveniles and providing trauma-informed care; provide procedural safeguards to adjudicated juveniles, including— a written case plan for each juvenile, based on an assessment of the needs of the juvenile and developed and updated in consultation with the juvenile, the family of the juvenile, and, if appropriate, counsel for the juvenile, that— describes the pre-release and post-release programs and reentry services that will be provided to the juvenile; describes the living arrangement to which the juvenile is to be discharged; and establishes a plan for the enrollment of the juvenile in post-release health care, behavioral health care, educational, vocational, training, family support, public assistance, and legal services programs, as appropriate; and as appropriate, a hearing that— shall take place in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, not later than 30 days before the date on which the juvenile is scheduled to be released, and at which the juvenile would be represented by counsel; and shall determine the discharge plan for the juvenile, including a determination of whether a safe, appropriate, and permanent living arrangement has been secured for the juvenile and whether enrollment in health care, behavioral health care, educational, vocational, training, family support, public assistance and legal services, as appropriate, has been arranged for the juvenile; provide that the agency of the State receiving funds under this Act collaborate with the State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) to develop and implement a plan to ensure that, in order to support educational progress— the student records of adjudicated juveniles, including electronic records if available, are transferred in a timely manner from the educational program in the juvenile detention or secure treatment facility to the educational or training program into which the juveniles will enroll; the credits of adjudicated juveniles are transferred; and adjudicated juveniles receive full or partial credit toward high school graduation for secondary school coursework satisfactorily completed before and during the period of time during which the juveniles are held in custody, regardless of the local educational agency or entity from which the credits were earned; and provide a description of the use by the State of funds for reentry and aftercare services for juveniles released from the juvenile justice system. ; in subsection (c)— in the matter preceding paragraph (1)— by striking applicable requirements of paragraphs (11), (12), (13), and
(22)of subsection
(a)and inserting core requirements ; and by striking beginning after September 30, 2001, then ; in paragraph (1)— by striking the subsequent fiscal year and inserting that fiscal year ; and by striking , and at the end and inserting a semicolon; in paragraph (2)(B)(ii)— by inserting , administrative, after appropriate executive ; and by striking the period at the end and inserting , as specified in section 222(c); and ; and by adding at the end the following: the State shall submit to the Administrator a report detailing the reasons for noncompliance with the core requirements, including the plan of the State to regain full compliance, and the State shall make publicly available such report, not later than 30 days after the date on which the Administrator approves the report, by posting the report on a publicly available website. ; in subsection (d)— by striking section 222(d) and inserting section 222(e) ; by striking described in paragraphs (11), (12), (13), and
(22)of subsection
(a)and inserting described in the core requirements ; and by striking the requirements under paragraphs (11), (12), (13), and
(22)of subsection
(a)and inserting the core requirements ; in subsection (f)(2)— by striking subparagraph (A); and by redesignating subparagraphs
(B)through
(E)and subparagraphs
(A)through (D); and by adding at the end the following: Not later than 60 days after the date of receipt of information indicating that a State may be out of compliance with any of the core requirements, the Administrator shall determine whether the State is in compliance with the core requirements. The Administrator shall— issue an annual public report— describing any determination described in paragraph
(1)made during the previous year, including a summary of the information on which the determination is based and the actions to be taken by the Administrator (including a description of any reduction imposed under subsection (c)); and for any such determination that a State is out of compliance with any of the core requirements, describing the basis for the determination; and make the report described in subparagraph
(A)available on a publicly available website. .