Sec. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
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## SEC. 20201 CERTAIN PUNISHMENT FOR YOUNG OFFENDERS ###
(a)In General Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 10003(a), is amended— ####
(1)by redesignating part R as part S; ####
(2)by redesignating section 1801 as section 1901; and ####
(3)by inserting after part Q the following new part: > > ### “PART R CERTAIN PUNISHMENT FOR YOUNG OFFENDERS > > > ## “SEC. 1801 GRANT AUTHORIZATION > > > ### “(a) In General > > The Attorney General may make grants under this part to States, for the use by States and units of local government, for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation. > > > ### “(b) Alternative Methods > > The alternative methods of punishment referred to in subsection
(a)should ensure certain punishment for young offenders and promote reduced recidivism, crime prevention, and assistance to victims, particularly for young offenders who can be punished more effectively in an environment other than a traditional correctional facility, including— > > > #### “(1) > > alternative sanctions that create accountability and certain punishment for young offenders; > > > #### “(2) > > restitution programs for young offenders; > > > #### “(3) > > innovative projects, such as projects consisting of education and job training activities for incarcerated young offenders, modeled, to the extent practicable, after activities carried out under part B of title IV of the Job Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et seq.) and projects that provide family counseling; > > > #### “(4) > > correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; > > > #### “(5) > > community service programs that provide work service placement for young offenders at non-profit, private organizations and community organizations; > > > #### “(6) > > innovative methods that address the problems of young offenders convicted of serious substance abuse (including alcohol abuse) and gang-related offenses; and > > > #### “(7) > > adequate and appropriate after care programs for young offenders, such as substance abuse treatment, education programs, vocational training, job placement counseling, family counseling and other support programs upon release. > > > ## “SEC. 1802 STATE APPLICATIONS > > > ### “(a) In General > > > #### “(1) Submission of application > > To request a grant under this part, the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. > > > #### “(2) Assurances > > An application under paragraph
(1)shall include assurances that Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part. > > > ### “(b) State Office > > The office designated under section 507— > > > #### “(1) > > shall prepare the application as required under subsection (a); and > > > #### “(2) > > shall administer grant funds received under this part, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. > > > ## “SEC. 1803 REVIEW OF STATE APPLICATIONS > > > ### “(a) In General > > The Attorney General shall make a grant under section 1801(a) to carry out the projects described in the application submitted by such applicant under section 1802 upon determining that— > > > #### “(1) > > the application is consistent with the requirements of this part; and > > > #### “(2) > > before the approval of the application, the Attorney General has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this part. > > > ### “(b) Approval > > Each application submitted under section 1802 shall be considered approved, in whole or in part, by the Attorney General not later than 45 days after first received unless the Attorney General informs the applicant of specific reasons for disapproval. > > > ### “(c) Restriction > > Grant funds received under this part shall not be used for land acquisition or construction projects, other than alternative facilities described in section 1801(b). > > > ### “(d) Disapproval Notice and Reconsideration > > The Attorney General shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. > > > ## “SEC. 1804 LOCAL APPLICATIONS > > > ### “(a) In General > > > #### “(1) Submission of application > > To request funds under this part from a State, the chief executive of a unit of local government shall submit an application to the office designated under section 1802(b). > > > #### “(2) Approval > > An application under paragraph
(1)shall be considered to have been approved, in whole or in part, by the State not later than 45 days after such application is first received unless the State informs the applicant in writing of specific reasons for disapproval. > > > #### “(3) Disapproval > > The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration. > > > #### “(4) Effect of approval > > If an application under subsection
(a)is approved, the unit of local government is eligible to receive funds under this part. > > > ### “(b) Distribution to Units of Local Government > > A State that receives funds under section 1801 in a fiscal year shall make such funds available to units of local government with an application that has been submitted and approved by the State within 45 days after the Attorney General has approved the application submitted by the State and has made funds available to the State. The Attorney General may waive the 45-day requirement in this section upon a finding that the State is unable to satisfy such requirement under State statutes. > > > ## “SEC. 1805 ALLOCATION AND DISTRIBUTION OF FUNDS > > > ### “(a) State Distribution > > Of the total amount appropriated under this part in any fiscal year— > > > #### “(1) > > 0.4 percent shall be allocated to each of the participating States; and > > > #### “(2) > > of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the number of young offenders of such State bears to the number of young offenders in all the participating States. > > > ### “(b) Local Distribution > > > #### “(1) In general > > A State that receives funds under this part in a fiscal year shall distribute to units of local government in such State for the purposes specified under section 1801 that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for correctional programs in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for correctional programs in such preceding fiscal year. > > > #### “(2) Undistributed funds > > Any funds not distributed to units of local government under paragraph
(1)shall be available for expenditure by such State for purposes specified under section 1801. > > > #### “(3) Unused funds > > If the Attorney General determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for such fiscal year will not be used by such State or that a State is not eligible to receive funds under section 1801, the Attorney General shall award such funds to units of local government in such State giving priority to the units of local government that the Attorney General considers to have the greatest need. > > > ### “(c) General Requirement > > Notwithstanding subsections
(a)and (b), not less than two-thirds of funds received by a State under this part shall be distributed to units of local government unless the State applies for and receives a waiver from the Attorney General. > > > ### “(d) Federal Share > > The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 1802(a) for the fiscal year for which the projects receive assistance under this part. > > > ### “(e) Consideration > > Notwithstanding subsections
(a)and (b), in awarding grants under this part, the Attorney General shall consider as a factor whether a State has in effect throughout such State a law or policy that requires that a juvenile who is in possession of a firearm or other weapon on school property or convicted of a crime involving the use of a firearm or weapon on school property— > > > #### “(1) > > be suspended from school for a reasonable period of time; and > > > #### “(2) > > lose driving license privileges for a reasonable period of time. > > > ### “(f) Definition > > For purposes of this part, ‘juvenile’ means a person 18 years of age or younger. > > > ## “SEC. 1806 EVALUATION > > > ### “(a) In General > > > #### “(1) Submission to the director > > Each State and unit of local government that receives a grant under this part shall submit to the Attorney General an evaluation not later than March 1 of each year in accordance with guidelines issued by the Attorney General. Such evaluation shall include an appraisal by representatives of the community of the programs funded by the grant. > > > #### “(2) Waiver > > The Attorney General may waive the requirement specified in paragraph
(1)if the Attorney General determines that such evaluation is not warranted in the case of the State or unit of local government involved. > > > ### “(b) Distribution > > The Attorney General shall make available to the public on a timely basis evaluations received under subsection (a). > > > ### “(c) Administrative Costs > > A State or unit of local government may use not more than 5 percent of funds it receives under this part to develop an evaluation program under this section.” > . ###
(b)Technical Amendment The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 10003(a), is amended by striking the matter relating to part R and inserting the following:" “Part R—Certain Punishments for Young Offenders “Sec. 1801. Grant authorization. “Sec. 1802. State applications. “Sec. 1803. Review of State applications. “Sec. 1804. Local applications. “Sec. 1805. Allocation and distribution of funds. “Sec. 1806. Evaluation. “Part S—Transition—Effective Date—Repealer “Sec. 1901. Continuation of rules, authorities, and proceedings.” ". ###
(c)Definition Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended— ####
(1)by adding a semicolon at the end of paragraph (21); ####
(2)by striking “and” at the end of paragraph (22); ####
(3)by striking the period at the end of paragraph
(23)and inserting a semicolon; and ####
(4)by adding after paragraph
(23)the following: > > #### “(24) > > the term ‘**young offender**’ means a non-violent first-time offender or a non-violent offender with a minor criminal record who is 22 years of age or younger (including juveniles).” > . ###
(d)Authorization of Appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 10003(c), is amended— ####
(1)in paragraph
(3)by striking “and Q” and inserting “Q, or R”; and ####
(2)by adding at the end the following new paragraph: > > #### “(16) > > There are authorized to be appropriated to carry out projects under part R— > > > ##### “(A) > > $20,000,000 for fiscal year 1996; > > > ##### “(B) > > $25,000,000 for fiscal year 1997; > > > ##### “(C) > > $30,000,000 for fiscal year 1998; > > > ##### “(D) > > $35,000,000 for fiscal year 1999; and > > > ##### “(E) > > $40,000,000 for fiscal year 2000.” > . ## Subtitle C Alien Incarceration
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- 29 USC 1691
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