
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5603]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 5603. Definitions

    For purposes of this chapter--
        (1) the term ``community based'' facility, program, or service 
    means a small, open group home or other suitable place located near 
    the juvenile's home or family and programs of community supervision 
    and service which maintain community and consumer participation in 
    the planning operation, and evaluation of their programs which may 
    include, but are not limited to, medical, educational, vocational, 
    social, and psychological guidance, training, special education, 
    counseling, alcoholism treatment, drug treatment, and other 
    rehabilitative services;
        (2) the term ``Federal juvenile delinquency program'' means any 
    juvenile delinquency program which is conducted, directly, or 
    indirectly, or is assisted by any Federal department or agency, 
    including any program funded under this chapter;
        (3) the term ``juvenile delinquency program'' means any program 
    or activity related to juvenile delinquency prevention, control, 
    diversion, treatment, rehabilitation, planning, education, training, 
    and research, including drug and alcohol abuse programs; the 
    improvement of the juvenile justice system; and any program or 
    activity to help prevent juvenile delinquency;
        (4)(A) the term ``Bureau of Justice Assistance'' means the 
    bureau established by section 3741 of this title;
        (B) the term ``Office of Justice Programs'' means the office 
    established by section 3711 of this title;
        (C) the term ``National Institute of Justice'' means the 
    institute established by section 3722(a) of this title; and
        (D) the term ``Bureau of Justice Statistics'' means the bureau 
    established by section 3732(a) of this title;
        (5) the term ``Administrator'' means the agency head designated 
    by section 5611(b) of this title;
        (6) the term ``law enforcement and criminal justice'' means any 
    activity pertaining to crime prevention, control, or reduction or 
    the enforcement of the criminal law, including, but not limited to 
    police efforts to prevent, control, or reduce crime or to apprehend 
    criminals, activities of courts having criminal jurisdiction and 
    related agencies (including prosecutorial and defender services), 
    activities of corrections, probation, or parole authorities, and 
    programs relating to the prevention, control, or reduction of 
    juvenile delinquency or narcotic addiction;
        (7) the term ``State'' means any State of the United States, the 
    District of Columbia, the Commonwealth of Puerto Rico, the Trust 
    Territory of the Pacific Islands, the Virgin Islands, Guam, American 
    Samoa, and the Commonwealth of the Northern Mariana Islands;
        (8) the term ``unit of local government'' means--
            (A) any city, county, township, town, borough, parish, 
        village, or other general purpose political subdivision of a 
        State;
            (B) any law enforcement district or judicial enforcement 
        district that--
                (i) is established under applicable State law; and
                (ii) has the authority to, in a manner independent of 
            other State entities, establish a budget and raise revenues;

            (C) an Indian Tribe that performs law enforcement functions, 
        as determined by the Secretary of the Interior; or
            (D) for the purposes of assistance eligibility, any agency 
        of the government of the District of Columbia or the Federal 
        Government that performs law enforcement functions in and for--
                (i) the District of Columbia; or
                (ii) any Trust Territory of the United States;

        (9) the term ``combination'' as applied to States or units of 
    local government means any grouping or joining together of such 
    States or units for the purpose of preparing, developing, or 
    implementing a juvenile justice and delinquency prevention plan;
        (10) the term ``construction'' means acquisition, expansion, 
    remodeling, and alteration of existing buildings, and initial 
    equipment of any such buildings, or any combination of such 
    activities (including architects' fees but not the cost of 
    acquisition of land for buildings);
        (11) the term ``public agency'' means any State, unit of local 
    government, combination of such States or units, or any department, 
    agency, or instrumentality of any of the foregoing;
        (12) the term ``secure detention facility'' means any public or 
    private residential facility which--
            (A) includes construction fixtures designed to physically 
        restrict the movements and activities of juveniles or other 
        individuals held in lawful custody in such facility; and
            (B) is used for the temporary placement of any juvenile who 
        is accused of having committed an offense, of any nonoffender, 
        or of any other individual accused of having committed a 
        criminal offense;

        (13) the term ``secure correctional facility'' means any public 
    or private residential facility which--
            (A) includes construction fixtures designed to physically 
        restrict the movements and activities of juveniles or other 
        individuals held in lawful custody in such facility; and
            (B) is used for the placement, after adjudication and 
        disposition, of any juvenile who has been adjudicated as having 
        committed an offense, any nonoffender, or any other individual 
        convicted of a criminal offense;

        (14) the term ``serious crime'' means criminal homicide, 
    forcible rape or other sex offenses punishable as a felony, mayhem, 
    kidnapping, aggravated assault, robbery, larceny or theft punishable 
    as a felony, motor vehicle theft, burglary or breaking and entering, 
    extortion accompanied by threats of violence, and arson punishable 
    as a felony;
        (15) the term ``treatment'' includes but is not limited to 
    medical, educational, special education, social, psychological, and 
    vocational services, corrective and preventive guidance and 
    training, and other rehabilitative services designed to protect the 
    public, including services designed to benefit addicts and other 
    users by eliminating their dependence on alcohol or other addictive 
    or nonaddictive drugs or by controlling their dependence and 
    susceptibility to addiction or use;
        (16) the term ``valid court order'' means a court order given by 
    a juvenile court judge to a juvenile--
            (A) who was brought before the court and made subject to 
        such order;
            (B) who received, before the issuance of such order, the 
        full due process rights guaranteed to such juvenile by the 
        Constitution of the United States;
            (C) with respect to whom an appropriate public agency (other 
        than a court or law enforcement agency), before the issuance of 
        such order--
                (i) reviewed the behavior of such juvenile and the 
            circumstances under which such juvenile was brought before 
            the court and made subject to such order;
                (ii) determined the reasons for the behavior that caused 
            such juvenile to be brought before the court and made 
            subject to such order;
                (iii) determined that all dispositions (including 
            treatment), other than placement in a secure detention 
            facility or a secure correctional facility, have been 
            exhausted or are clearly inappropriate; and
                (iv) submitted to the court a written report stating the 
            results of the review conducted under clause (i) and the 
            determinations made under clauses (ii) and (iii);

        (17) the term ``Council'' means the Coordinating Council on 
    Juvenile Justice and Delinquency Prevention established in section 
    5616(a)(1) of this title;
        (18) the term ``Indian tribe'' means--
            (A) a federally recognized Indian tribe; or
            (B) an Alaskan Native organization;

        (19) the term ``comprehensive and coordinated system of 
    services'' means a system that--
            (A) ensures that services and funding for the prevention and 
        treatment of juvenile delinquency are consistent with policy 
        goals of preserving families and providing appropriate services 
        in the least restrictive environment so as to simultaneously 
        protect juveniles and maintain public safety;
            (B) identifies, and intervenes early for the benefit of, 
        young children who are at risk of developing emotional or 
        behavioral problems because of physical or mental stress or 
        abuse, and for the benefit of their families;
            (C) increases interagency collaboration and family 
        involvement in the prevention and treatment of juvenile 
        delinquency; and
            (D) encourages private and public partnerships in the 
        delivery of services for the prevention and treatment of 
        juvenile delinquency;

        (20) the term ``gender-specific services'' means services 
    designed to address needs unique to the gender of the individual to 
    whom such services are provided;
        (21) the term ``home-based alternative services'' means services 
    provided to a juvenile in the home of the juvenile as an alternative 
    to incarcerating the juvenile, and includes home detention;
        (22) the term ``jail or lockup for adults'' means a locked 
    facility that is used by a State, unit of local government, or any 
    law enforcement authority to detain or confine adults--
            (i) pending the filing of a charge of violating a criminal 
        law;
            (ii) awaiting trial on a criminal charge; or
            (iii) convicted of violating a criminal law; and

        (23) the term ``nonprofit organization'' means an organization 
    described in section 501(c)(3) of title 26 that is exempt from 
    taxation under section 501(a) of title 26.

(Pub. L. 93-415, title I, Sec. 103, Sept. 7, 1974, 88 Stat. 1111; Pub. 
L. 95-115, Sec. 2, Oct. 3, 1977, 91 Stat. 1048; Pub. L. 96-509, Secs. 5, 
19(a), Dec. 8, 1980, 94 Stat. 2751, 2762; Pub. L. 98-473, title II, 
Sec. 613, Oct. 12, 1984, 98 Stat. 2108; Pub. L. 100-690, title VII, 
Secs. 7251(a), 7252(b)(1), Nov. 18, 1988, 102 Stat. 4435, 4436; Pub. L. 
102-586, Sec. 1(c), Nov. 4, 1992, 106 Stat. 4983; Pub. L. 105-277, div. 
A, Sec. 101(b) [title I, Sec. 129(a)(1)], Oct. 21, 1998, 112 Stat. 2681-
50, 2681-75.)


                               Amendments

    1998--Par. (8). Pub. L. 105-277, Sec. 101(b) [title I, 
Sec. 129(a)(1)(A)], added par. (8) and struck out former par. (8) which 
read as follows: ``the term `unit of general local government' means any 
city, county, township, town, borough, parish, village, or other general 
purpose political subdivision of a State, an Indian tribe which performs 
law enforcement functions as determined by the Secretary of the 
Interior, or, for the purpose of assistance eligibility, any agency of 
the District of Columbia government performing law enforcement functions 
in and for the District of Columbia and funds appropriated by the 
Congress for the activities of such agency may be used to provide the 
non-Federal share of the cost of programs or projects funded under this 
subchapter;''.
    Par. (9). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 129(a)(1)(B)], 
substituted ``units of local government'' for ``units of general local 
government''.
    1992--Par. (16). Pub. L. 102-586, Sec. 1(c)(1), amended par. (16) 
generally. Prior to amendment, par. (16) read as follows: ``the term 
`valid court order' means a court order given by a juvenile court judge 
to a juvenile who has been brought before the court and made subject to 
a court order. The use of the word `valid' permits the incarceration of 
juveniles for violation of a valid court order only if they received 
their full due process rights as guaranteed by the Constitution of the 
United States;''.
    Pars. (19) to (23). Pub. L. 102-586, Sec. 1(c)(2)-(4), added pars. 
(19) to (23).
    1988--Par. (5). Pub. L. 100-690, Sec. 7252(b)(1), substituted 
``section 5611(b)'' for ``section 5611(c)''.
    Pars. (17), (18). Pub. L. 100-690, Sec. 7251(a), added pars. (17) 
and (18).
    1984--Par. (3). Pub. L. 98-473, Sec. 613(1), struck out ``for 
neglected, abandoned, or dependent youth and other youth'' before ``to 
help'' and inserted ``juvenile'' after ``prevent''.
    Par. (4)(A). Pub. L. 98-473, Sec. 613(2), substituted `` `Bureau of 
Justice Assistance' means the bureau established by section 3741 of this 
title'' for `` `Office of Justice Assistance, Research, and Statistics' 
means the office established by section 3781(a) of this title''.
    Par. (4)(B). Pub. L. 98-473, Sec. 613(2), substituted `` `Office of 
Justice Programs' means the office established by section 3711 of this 
title'' for `` `Law Enforcement Assistance Administration' means the 
administration established by section 3711 of this title''.
    Par. (6). Pub. L. 98-473, Sec. 613(3), substituted ``services),'' 
for ``services,'' before ``activities of''.
    Par. (14). Pub. L. 98-473, Sec. 613(4)(A), inserted ``or other sex 
offenses punishable as a felony''.
    Par. (16). Pub. L. 98-473, Sec. 613(4)(B)-(6), added par. (16).
    1980--Par. (1). Pub. L. 96-509, Sec. 5(a), inserted reference to 
special education.
    Par. (4). Pub. L. 96-509, Sec. 5(b), designated existing provisions 
as subpar. (B) and added subpars. (A), (C), and (D).
    Par. (5). Pub. L. 96-509, Sec. 19(a), substituted ``section 5611(c) 
of this title'' for ``section 3711(c) of this title''.
    Par. (7). Pub. L. 96-509, Sec. 5(c), substituted ``the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands'' for ``and any territory or possession of the United 
States''.
    Par. (9). Pub. L. 96-509, Sec. 5(d), substituted ``juvenile justice 
and delinquency prevention'' for ``law enforcement''.
    Par. (12). Pub. L. 96-509, Sec. 5(e), substituted definition of 
``secure detention facility'' for definition of ``correctional 
institution or facility''.
    Pars. (13), (14). Pub. L. 96-509, Sec. 5(f), added pars. (13) and 
(14). Former par. (13) redesignated (15).
    Par. (15). Pub. L. 96-509, Sec. 5(f), (g), redesignated former par. 
(13) as (15), inserted reference to special education, and substituted 
``protect the public, including services designed to benefit addicts and 
other users by eliminating their dependence on alcohol or other 
addictive or nonaddictive drugs or by controlling their dependence and 
susceptibility to addiction or use'' for ``protect the public and 
benefit the addict or other user by eliminating his dependence on 
addicting or other drugs or by controlling his dependence, and his 
susceptibility to addiction or use''.
    1977--Par. (3). Pub. L. 95-115 substituted ``to help prevent 
delinquency'' for ``who are in danger of becoming delinquent''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section 
7296(a) of Pub. L. 100-690, set out as a note under section 5601 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 
670(a) of Pub. L. 98-473, set out as a note under section 5601 of this 
title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section 
263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a note 
under section 5601 of this title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 3791, 5633, 11851, 13791 of 
this title.
