34 U.S.C. § 10401 — Program authorized

Page 118 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10401 (B) to develop or expand crime prevention efforts for students; (C) to educate likely school-age victims in crime prevention and safety; (D) to develop or expand community jus- tice initiatives for students; (E) to train students in conflict resolution, restorative justice, and crime awareness; (F) to assist in the identification of phys- ical changes in the environment that may reduce crime in or around the school; and (G) to assist in developing school policy that addresses crime and to recommend pro- cedural changes. (5) ‘‘commercial sex act’’ has the meaning given the term in section 7102 of title 22. (6) ‘‘minor’’ means an individual who has not attained the age of 18 years. (7) ‘‘severe form of trafficking in persons’’ has the meaning given the term in section 7102 of title 22. (Pub. L. 90–351, title I, § 1709, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813; amended Pub. L. 105–302, § 1(2), Oct. 27, 1998, 112 Stat. 2841; Pub. L. 114–22, title VI, § 601(2), May 29, 2015, 129 Stat. 259.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (3), is Pub. L. 92–203, § 2, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. CODIFICATION Section was formerly classified to section 3796dd–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2015—Pub. L. 114–22 added pars. (5) to (7). 1998—Pub. L. 105–302 designated first three undesig- nated paragraphs as pars. (1) to (3), respectively, and added par. (4). SUBCHAPTER XVII—JUVENILE ACCOUNTABILITY BLOCK GRANTS Editorial Notes CODIFICATION Part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968, comprising this subchapter, was originally added to Pub. L. 90–351, title I, by Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1819, and amended by Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681. Part R is shown herein, however, as having been added by Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1859, without reference to those intervening amendments because of the extensive revi- sion of Part R by Pub. L. 107–273. § 10401. Program authorized (a) In general The Attorney General is authorized to provide grants to States, for use by States and units of local government, and in certain cases directly to specially qualified units. (b) Authorized activities Amounts paid to a State or a unit of local gov- ernment under this subchapter shall be used by the State or unit of local government for the purpose of strengthening the juvenile justice system, which includes— (1) developing, implementing, and admin- istering graduated sanctions for juvenile of- fenders; (2) building, expanding, renovating, or oper- ating temporary or permanent juvenile correc- tion, detention, or community corrections fa- cilities; (3) hiring juvenile court judges, probation of- ficers, and court-appointed defenders and spe- cial advocates, and funding pretrial services (including mental health screening and assess- ment) for juvenile offenders, to promote the effective and expeditious administration of the juvenile justice system; (4) hiring additional prosecutors, so that more cases involving violent juvenile offend- ers can be prosecuted and case backlogs re- duced; (5) providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively and for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders; (6) establishing and maintaining training programs for law enforcement and other court personnel with respect to preventing and con- trolling juvenile crime; (7) establishing juvenile gun courts for the prosecution and adjudication of juvenile fire- arms offenders; (8) establishing drug court programs for ju- venile offenders that provide continuing judi- cial supervision over juvenile offenders with substance abuse problems and the integrated administration of other sanctions and services for such offenders; (9) establishing and maintaining a system of juvenile records designed to promote public safety; (10) establishing and maintaining inter- agency information-sharing programs that en- able the juvenile and criminal justice systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treat- ment of juveniles who repeatedly commit seri- ous delinquent or criminal acts; (11) establishing and maintaining account- ability-based programs designed to reduce re- cidivism among juveniles who are referred by law enforcement personnel or agencies; (12) establishing and maintaining programs to conduct risk and need assessments of juve- nile offenders that facilitate the effective early intervention and the provision of com- prehensive services, including mental health screening and treatment and substance abuse testing and treatment to such offenders; (13) establishing and maintaining account- ability-based programs that are designed to enhance school safety, which programs may include research-based bullying, cyberbullying, and gang prevention programs; (14) establishing and maintaining restorative justice programs; (15) establishing and maintaining programs to enable juvenile courts and juvenile proba- Page 119 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10403 1 See References in Text note below. tion officers to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism; (16) hiring detention and corrections per- sonnel, and establishing and maintaining training programs for such personnel to im- prove facility practices and programming; or (17) establishing, improving, and coordi- nating pre-release and post-release systems and programs to facilitate the successful re- entry of juvenile offenders from State or local custody in the community. (c) Definition In this section the term ‘‘restorative justice program’’ means a program that emphasizes the moral accountability of an offender toward the victim and the affected community and may in- clude community reparations boards, restitu- tion (in the form of monetary payment or serv- ice to the victim or, where no victim can be identified, service to the affected community), and mediation between victim and offender. (Pub. L. 90–351, title I, § 1801, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1859; amended Pub. L. 109–162, title XI, §§ 1165, 1186, Jan. 5, 2006, 119 Stat. 3121, 3127.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1801 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1819; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(34), (f)(26)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–426, 2681–433, authorized grants for the purpose of developing alternative methods of punish- ment for young offenders, prior to the general amend- ment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. Another prior section 1801 of Pub. L. 90–351 was re- numbered section 2601 and is classified to section 10541 of this title. AMENDMENTS 2006—Subsec. (b)(13). Pub. L. 109–162, § 1186, amended par. (13) generally. Prior to amendment, par. (13) read as follows: ‘‘establishing and maintaining account- ability-based programs that are designed to enhance school safety;’’. Subsec. (b)(17). Pub. L. 109–162, § 1165, added par. (17). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–273, div. C, title II, § 12102(b), Nov. 2, 2002, 116 Stat. 1869, provided that: ‘‘The amendments made by subsection (a) [enacting this subchapter] shall take effect on the first day of the first fiscal year that be- gins after the date of enactment of this Act [Nov. 2, 2002].’’ § 10402. Tribal grant program authorized (a) In general From the amount reserved under section 1810(b),1 the Attorney General shall make grants to Indian tribes for programs to strengthen trib- al juvenile justice systems and to hold tribal youth accountable. (b) Eligibility Indian tribes, as defined by section 5130 of title 25, or a consortia of such tribes, shall submit to the Attorney General an application in such form and containing such information as the At- torney General may require. Only tribes that carry out tribal juvenile justice functions shall be eligible to receive a grant under this section. (c) Awards The Attorney General shall award grants under this section on a competitive basis. (d) Guidelines The Attorney General shall issue guidelines establishing application, use, and award criteria and processes consistent with the purposes and requirements of this Act. (Pub. L. 90–351, title I, § 1801A, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1861.) Editorial Notes REFERENCES IN TEXT Section 1810(b), referred to in subsec. (a), is section 1810(b) of title I of Pub. L. 90–351, as added by Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1868, which was classified to section 3796ee–10 of Title 42, The Public Health and Welfare, and was omitted from the Code as obsolete. This Act, referred to in subsec. (d), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete clas- sification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 3796ee–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10403. Grant eligibility (a) State eligibility To be eligible to receive a grant under this subchapter, a State shall submit to the Attor- ney General an application at such time, in such form, and containing such assurances and infor- mation as the Attorney General may require by guidelines, including— (1) information about— (A) the activities proposed to be carried out with such grant; and (B) the criteria by which the State pro- poses to assess the effectiveness of such ac- tivities on achieving the purposes of this subchapter, including the extent to which evidence-based approaches are utilized; and (2) assurances that the State and any unit of local government to which the State provides funding under section 10404(b) of this title, has in effect (or shall have in effect, not later than 1 year after the date that the State submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the State submits such applica- tion) policies and programs, that provide for a