Sec. 863. Assistance for Indian tribes relating to juvenile crime
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The Indian Law Enforcement Reform Act ( 25 U.S.C. 2801 et seq.) is amended by adding at the end the following: Not later than 1 year after the date of enactment of this section, the Secretary shall coordinate with the Secretary of Health and Human Services, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention within the Department of Justice (referred to in this section as the Administrator )— to assist Indian tribal governments in addressing juvenile offenses and crime through technical assistance, research, training, evaluation, and the dissemination of information on effective, evidence-based, and promising programs and practices for combating juvenile delinquency; to conduct consultation, not less frequently than biannually, with Indian tribes regarding— strengthening the government-to-government relationship between the Federal Government and Indian tribes relating to juvenile justice issues; improving juvenile delinquency programs, services, and activities affecting Indian youth and Indian tribes; improving coordination among Federal departments and agencies to reduce juvenile offenses, delinquency, and recidivism; the means by which traditional or cultural tribal programs may serve or be developed as promising or evidence-based programs; a process and means of submitting to the Attorney General and the Secretary an analysis and evaluation of the effectiveness of the programs and activities carried out for juvenile justice systems in which Indian youth are involved, including a survey of tribal needs; and any other matters relating to improving juvenile justice for Indian youth; to develop a means for collecting data on the number of offenses committed by Indian youth in Federal, State, and tribal jurisdictions, including information regarding— the offenses (including status offenses), charges, disposition, and case outcomes for each Indian youth; whether the Indian youth was held in pre-adjudication detention; whether the Indian youth was removed from home, and for which offenses; whether the Indian youth was at any point placed in secure confinement; and an assessment of the degree to which the notice of removal for status offenses was provided under section 102(a) of the Act of November 8, 1978 ( Public Law 95–608 ); to develop a process for informing Indian tribal governments when a juvenile member of that Indian tribe comes in contact with the juvenile justice system of the Federal, State, or other unit of local government and for facilitating intervention by, the provision of services by, or coordination with, such Indian tribe for any Indian juvenile member of that Indian tribe or other local Indian tribes; to facilitate the incorporation of tribal cultural or traditional practices designed to reduce delinquency among Indian youth into Federal, State, or other unit of local government juvenile justice systems or programs; to develop or incorporate in existing programs partnerships among State educational agencies, local educational agencies, and Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); and to conduct research and evaluate— the number of Indian juveniles who, prior to placement in the juvenile justice system, were under the care or custody of a State or tribal child welfare system and the number of Indian juveniles who are unable to return to their family after completing their disposition in the juvenile justice system and who remain wards of the State or Indian tribe; the extent to which State and tribal juvenile justice systems and child welfare systems are coordinating systems and treatment for the juveniles referred to in subparagraph (A); the types of post-placement services used; the frequency of case plan reviews for juveniles referred to in subparagraph
(A)and the extent to which these case plans identify and address permanency and placement barriers and treatment plans; services, treatment, and aftercare placement of Indian juveniles who were under the care of the State or tribal child protection system before their placement in the juvenile justice system; the frequency, seriousness, and incidence of drug use by Indian youth in schools and tribal communities; in consultation and coordination with Indian tribes— the structure and needs of tribal juvenile justice systems; the characteristics and outcomes for youth in tribal juvenile systems; and recommendations for improving tribal juvenile justice systems; and educational program offerings for incarcerated Indian juveniles, the educational attainment of incarcerated Indian juveniles, and potential links to recidivism among previously incarcerated Indian juveniles and delayed educational opportunities while incarcerated. Not later than 1 year after the date of enactment of this section, the Attorney General and the Administrator shall issue a tribal consultation policy for the Office of Juvenile Justice and Delinquency Prevention to govern the consultation by the Office to be conducted under subsection (a). Not later than 3 years after the date of enactment of the Tribal Law and Order Reauthorization and Amendments Act of 2019 , the Administrator shall implement the improvements, processes, and other activities under paragraphs (3), (4), (5), and
(6)of subsection (a). Not later than 3 years after the date of enactment of the Tribal Law and Order Reauthorization and Amendments Act of 2019 , the Administrator shall submit to the Committee on the Judiciary and the Committee on Indian Affairs of the Senate and the Committee on Education and Labor of the House of Representatives a report that summarizes the results of the consultation activities described in subsection (a)(2) and consultation policy described in subsection (b), recommendations, if any, for ensuring the implementation of paragraphs (3), (4), (5), and
(6)of subsection (a), and any recommendations of the Coordinating Council on Juvenile Justice and Delinquency Prevention regarding improving resource and service delivery to Indian tribal communities. .
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- Pub. L. 95-608
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Sec. 863
Assistance for Indian tribes relating to juvenile crime
Pub. L.Pub. L. 95-608
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