
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(4)[142]]
[CITE: 42USC5633]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
         Part B--Federal Assistance for State and Local Programs
 
Sec. 5633. State plans


(a) Requirements

    In order to receive formula grants under this part, a State shall 
submit a plan for carrying out its purposes applicable to a 3-year 
period. Such plan shall be amended annually to include new programs and 
challenge activities subsequent to State participation in part E of this 
subchapter. The State shall submit annual performance reports to the 
Administrator which shall describe progress in implementing programs 
contained in the original plan, and shall describe the status of 
compliance with State plan requirements. In accordance with regulations 
which the Administrator shall prescribe, such plan shall--
        (1) designate the State agency described in section 5671(c)(1) 
    of this title as the sole agency for supervising the preparation and 
    administration of the plan;
        (2) contain satisfactory evidence that the State agency 
    designated in accordance with paragraph (1) has or will have 
    authority, by legislation if necessary, to implement such plan in 
    conformity with this part;
        (3) provide for an advisory group, which--
            (A) shall consist of not less than 15 and not more than 33 
        members appointed by the chief executive officer of the State--
                (i) which members have training, experience, or special 
            knowledge concerning the prevention and treatment of 
            juvenile delinquency or the administration of juvenile 
            justice;
                (ii) which members include--
                    (I) at least 1 locally elected official representing 
                general purpose local government;
                    (II) representatives of law enforcement and juvenile 
                justice agencies, including juvenile and family court 
                judges, prosecutors, counsel for children and youth, and 
                probation workers;
                    (III) representatives of public agencies concerned 
                with delinquency prevention or treatment, such as 
                welfare, social services, mental health, education, 
                special education, recreation, and youth services;
                    (IV) representatives of private nonprofit 
                organizations, including persons with a special focus on 
                preserving and strengthening families, parent groups and 
                parent self-help groups, youth development, delinquency 
                prevention and treatment, neglected or dependent 
                children, the quality of juvenile justice, education, 
                and social services for children;
                    (V) volunteers who work with delinquents or 
                potential delinquents;
                    (VI) youth workers involved with programs that are 
                alternatives to incarceration, including programs 
                providing organized recreation activities;
                    (VII) persons with special experience and competence 
                in addressing problems related to school violence and 
                vandalism and alternatives to suspension and expulsion; 
                and
                    (VIII) persons with special experience and 
                competence in addressing problems related to learning 
                disabilities, emotional difficulties, child abuse and 
                neglect, and youth violence;

                (iii) a majority of which members (including the 
            chairperson) shall not be full-time employees of the 
            Federal, State, or local government;
                (iv) at least one-fifth of which members shall be under 
            the age of 24 at the time of appointment; and
                (v) at least 3 members who have been or are currently 
            under the jurisdiction of the juvenile justice system;

            (B) shall participate in the development and review of the 
        State's juvenile justice plan prior to submission to the 
        supervisory board for final action;
            (C) shall be afforded the opportunity to review and comment, 
        not later than 30 days after their submission to the advisory 
        group, on all juvenile justice and delinquency prevention grant 
        applications submitted to the State agency designated under 
        paragraph (1);
            (D) shall, consistent with this subchapter--
                (i) advise the State agency designated under paragraph 
            (1) and its supervisory board;
                (ii) submit to the chief executive officer and the 
            legislature of the State at least annually recommendations 
            regarding State compliance with the requirements of 
            paragraphs (12), (13), and (14) and with progress relating 
            to challenge activities carried out pursuant to part E of 
            this subchapter; and
                (iii) contact and seek regular input from juveniles 
            currently under the jurisdiction of the juvenile justice 
            system; and

            (E) may, consistent with this subchapter--
                (i) advise on State supervisory board and local criminal 
            justice advisory board composition; \1\
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``and''.
---------------------------------------------------------------------------
                (ii) review progress and accomplishments of projects 
            funded under the State plan.

        (4) provide for the active consultation with and participation 
    of units of local government or combinations thereof in the 
    development of a State plan which adequately takes into account the 
    needs and requests of units of local government, except that nothing 
    in the plan requirements, or any regulations promulgated to carry 
    out such requirements, shall be construed to prohibit or impede the 
    State from making grants to, or entering into contracts with, local 
    private agencies or the advisory group;
        (5) unless the provisions of this paragraph are waived at the 
    discretion of the Administrator for any State in which the services 
    for delinquent or other youth are organized primarily on a statewide 
    basis, provide that at least 66\2/3\ per centum of funds received by 
    the State under section 5632 of this title, other than funds made 
    available to the State advisory group under section 5632(d) of this 
    title, shall be expended--
            (A) through programs of units of local government or 
        combinations thereof, to the extent such programs are consistent 
        with the State plan;
            (B) through programs of local private agencies, to the 
        extent such programs are consistent with the State plan, except 
        that direct funding of any local private agency by a State shall 
        be permitted only if such agency requests such funding after it 
        has applied for and been denied funding by any unit of local 
        government or combination thereof; and
            (C) to provide funds for programs of Indian tribes that 
        perform law enforcement functions (as determined by the 
        Secretary of the Interior) and that agree to attempt to comply 
        with the requirements specified in paragraphs (12)(A), (13), and 
        (14), applicable to the detention and confinement of juveniles, 
        an amount that bears the same ratio to the aggregate amount to 
        be expended through programs referred to in subparagraphs (A) 
        and (B) as the population under 18 years of age in the 
        geographical areas in which such tribes perform such functions 
        bears to the State population under 18 years of age,\2\
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should be a semicolon.

        (6) provide that the chief executive officer of the unit of 
    local government shall assign responsibility for the preparation and 
    administration of the local government's part of a State plan, or 
    for the supervision of the preparation and administration of the 
    local government's part of the State plan, to that agency within the 
    local government's structure or to a regional planning agency 
    (hereinafter in this part referred to as the ``local agency'') which 
    can most effectively carry out the purposes of this part and shall 
    provide for supervision of the programs funded under this part by 
    that local agency;
        (7) provide for an equitable distribution of the assistance 
    received under section 5632 of this title within the State;
        (8)(A) provide for (i) an analysis of juvenile crime problems 
    (including the joining of gangs that commit crimes) and juvenile 
    justice and delinquency prevention needs (including educational 
    needs) within the relevant jurisdiction (including any geographical 
    area in which an Indian tribe performs law enforcement functions), a 
    description of the services to be provided, and a description of 
    performance goals and priorities, including a specific statement of 
    the manner in which programs are expected to meet the identified 
    juvenile crime problems (including the joining of gangs that commit 
    crimes) and juvenile justice and delinquency prevention needs 
    (including educational needs) of the jurisdiction; (ii) an 
    indication of the manner in which the programs relate to other 
    similar State or local programs which are intended to address the 
    same or similar problems; and (iii) a plan for the concentration of 
    State efforts which shall coordinate all State juvenile delinquency 
    programs with respect to overall policy and development of 
    objectives and priorities for all State juvenile delinquency 
    programs and activities, including provision for regular meetings of 
    State officials with responsibility in the area of juvenile justice 
    and delinquency prevention;
        (B) contain--
            (i) an analysis of gender-specific services for the 
        prevention and treatment of juvenile delinquency, including the 
        types of such services available and the need for such services 
        for females; and
            (ii) a plan for providing needed gender-specific services 
        for the prevention and treatment of juvenile delinquency;

        (C) contain--
            (i) an analysis of services for the prevention and treatment 
        of juvenile delinquency in rural areas, including the need for 
        such services, the types of such services available in rural 
        areas, and geographically unique barriers to providing such 
        services; and
            (ii) a plan for providing needed services for the prevention 
        and treatment of juvenile delinquency in rural areas; and

        (D) contain--
            (i) an analysis of mental health services available to 
        juveniles in the juvenile justice system (including an 
        assessment of the appropriateness of the particular placements 
        of juveniles in order to receive such services) and of barriers 
        to access to such services; and
            (ii) a plan for providing needed mental health services to 
        juveniles in the juvenile justice system;

        (9) provide for the active consultation with and participation 
    of private agencies in the development and execution of the State 
    plan; and provide for coordination and maximum utilization of 
    existing juvenile delinquency programs and other related programs, 
    such as education, special education, recreation, health, and 
    welfare within the State;
        (10) provide that not less than 75 percent of the funds 
    available to the State under section 5632 of this title, other than 
    funds made available to the State advisory group under section 
    5632(d) of this title, whether expended directly by the State, by 
    the unit of local government, or by a combination thereof, or 
    through grants and contracts with public or private nonprofit 
    agencies, shall be used for--
            (A) community-based alternatives (including home-based 
        alternatives) to incarceration and institutionalization, 
        specifically--
                (i) for youth who can remain at home with assistance: 
            home probation and programs providing professional 
            supervised group activities or individualized mentoring 
            relationships with adults that involve the family and 
            provide counseling and other supportive services;
                (ii) for youth who need temporary placement: crisis 
            intervention, shelter, and after-care; and
                (iii) for youth who need residential placement: a 
            continuum of foster care or group home alternatives that 
            provide access to a comprehensive array of services;

            (B) community-based programs and services to work with--
                (i) parents and other family members to strengthen 
            families, including parent self-help groups, so that 
            juveniles may be retained in their homes;
                (ii) juveniles during their incarceration, and with 
            their families, to ensure the safe return of such juveniles 
            to their homes and to strengthen the families; and
                (iii) parents with limited English-speaking ability, 
            particularly in areas where there is a large population of 
            families with limited-English speaking ability;

            (C) comprehensive juvenile justice and delinquency 
        prevention programs that meet the needs of youth through the 
        collaboration of the many local systems before which a youth may 
        appear, including schools, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies, and private nonprofit agencies 
        offering youth services;
            (D) projects designed to develop and implement programs 
        stressing advocacy activities aimed at improving services for 
        and protecting the rights of youth affected by the juvenile 
        justice system;
            (E) educational programs or supportive services for 
        delinquent or other juveniles, provided equitably regardless of 
        sex, race, or family income, designed to--
                (i) encourage juveniles to remain in elementary and 
            secondary schools or in alternative learning situations, 
            including--
                    (I) education in settings that promote experiential, 
                individualized learning and exploration of academic and 
                career options;
                    (II) assistance in making the transition to the 
                world of work and self-sufficiency;
                    (III) alternatives to suspension and expulsion; and
                    (IV) programs to counsel delinquent juveniles and 
                other juveniles regarding the opportunities that 
                education provides; and

                (ii) enhance coordination with the local schools that 
            such juveniles would otherwise attend, to ensure that--
                    (I) the instruction that juveniles receive outside 
                school is closely aligned with the instruction provided 
                in school; and
                    (II) information regarding any learning problems 
                identified in such alternative learning situations are 
                communicated to the schools;

            (F) expanded use of home probation and recruitment and 
        training of home probation officers, other professional and 
        paraprofessional personnel, and volunteers to work effectively 
        to allow youth to remain at home with their families as an 
        alternative to incarceration or institutionalization;
            (G) youth-initiated outreach programs designed to assist 
        youth (including youth with limited proficiency in English) who 
        otherwise would not be reached by traditional youth assistance 
        programs;
            (H) programs designed to develop and implement projects 
        relating to juvenile delinquency and learning disabilities, 
        including on-the-job training programs to assist community 
        services, law enforcement, and juvenile justice personnel to 
        more effectively recognize and provide for learning disabled and 
        other handicapped youth;
            (I) projects designed both to deter involvement in illegal 
        activities and to promote involvement in lawful activities on 
        the part of gangs whose membership is substantially composed of 
        youth;
            (J) programs and projects designed to provide for the 
        treatment of youths' dependence on or abuse of alcohol or other 
        addictive or nonaddictive drugs;
            (K) law-related education programs (and projects) for 
        delinquent and at-risk youth designed to prevent juvenile 
        delinquency;
            (L) programs for positive youth development that assist 
        delinquent and other at-risk youth in obtaining--
                (i) a sense of safety and structure;
                (ii) a sense of belonging and membership;
                (iii) a sense of self-worth and social contribution;
                (iv) a sense of independence and control over one's 
            life;
                (v) a sense of closeness in interpersonal relationships; 
            and
                (vi) a sense of competence and mastery including health 
            and physical competence, personal and social competence, 
            cognitive and creative competence, vocational competence, 
            and citizenship competence, including ethics and 
            participation;

            (M) programs that, in recognition of varying degrees of the 
        seriousness of delinquent behavior and the corresponding 
        gradations in the responses of the juvenile justice system in 
        response to that behavior, are designed to--
                (i) encourage courts to develop and implement a 
            continuum of post-adjudication restraints that bridge the 
            gap between traditional probation and confinement in a 
            correctional setting (including expanded use of probation, 
            mediation, restitution, community service, treatment, home 
            detention, intensive supervision, electronic monitoring, 
            boot camps and similar programs, and secure community-based 
            treatment facilities linked to other support services such 
            as health, mental health, education (remedial and special), 
            job training, and recreation); and
                (ii) assist in the provision by the provision \3\ by the 
            Administrator of information and technical assistance, 
            including technology transfer, to States in the design and 
            utilization of risk assessment mechanisms to aid juvenile 
            justice personnel in determining appropriate sanctions for 
            delinquent behavior;
---------------------------------------------------------------------------
    \3\ So in original. The words ``by the provision'' probably should 
not appear.

            (N) programs designed to prevent and reduce hate crimes 
        committed by juveniles, including educational programs and 
        sentencing programs designed specifically for juveniles who 
        commit hate crimes and that provide alternatives to 
        incarceration; and
            (O) programs (including referral to literacy programs and 
        social service programs) to assist families with limited 
        English-speaking ability that include delinquent juveniles to 
        overcome language and cultural barriers that may prevent the 
        complete treatment of such juveniles and the preservation of 
        their families.

        (11) provide for the development of an adequate research, 
    training, and evaluation capacity within the State;
        (12)(A) provide within three years after submission of the 
    initial plan that juveniles who are charged with or who have 
    committed offenses that would not be criminal if committed by an 
    adult or offenses (other than an offense that constitutes a 
    violation of a valid court order or a violation of section 922(x) of 
    title 18 or a similar State law), or alien juveniles in custody, or 
    such nonoffenders as dependent or neglected children, shall not be 
    placed in secure detention facilities or secure correctional 
    facilities; and
        (B) provide that the State shall submit annual reports to the 
    Administrator containing a review of the progress made by the State 
    to achieve the deinstitutionalization of juveniles described in 
    subparagraph (A) and a review of the progress made by the State to 
    provide that such juveniles, if placed in facilities, are placed in 
    facilities which (i) are the least restrictive alternatives 
    appropriate to the needs of the child and the community; (ii) are in 
    reasonable proximity to the family and the home communities of such 
    juveniles; and (iii) provide the services described in section 
    5603(1) of this title;
        (13) provide that juveniles alleged to be or found to be 
    delinquent and youths within the purview of paragraph (12) shall not 
    be detained or confined in any institution in which they have 
    contact with adult persons incarcerated because they have been 
    convicted of a crime or are awaiting trial on criminal charges or 
    with the part-time or full-time security staff (including 
    management) or direct-care staff of a jail or lockup for adults;
        (14) provide that no juvenile shall be detained or confined in 
    any jail or lockup for adults, except that the Administrator shall, 
    through 1997, promulgate regulations which make exceptions with 
    regard to the detention of juveniles accused of nonstatus offenses 
    who are awaiting an initial court appearance pursuant to an 
    enforceable State law requiring such appearances within twenty-four 
    hours after being taken into custody (excluding weekends and 
    holidays) provided that such exceptions are limited to areas that 
    are in compliance with paragraph (13) and--
            (A)(i) are outside a Standard Metropolitan Statistical Area; 
        and
            (ii) have no existing acceptable alternative placement 
        available;
            (B) are located where conditions of distance to be traveled 
        or the lack of highway, road, or other ground transportation do 
        not allow for court appearances within 24 hours, so that a brief 
        (not to exceed 48 hours) delay is excusable; or
            (C) are located where conditions of safety exist (such as 
        severely adverse, life-threatening weather conditions that do 
        not allow for reasonably safe travel), in which case the time 
        for an appearance may be delayed until 24 hours after the time 
        that such conditions allow for reasonably safe travel;

        (15) provide for an adequate system of monitoring jails, 
    detention facilities, correctional facilities, and non-secure 
    facilities to insure that the requirements of paragraph (12)(A), 
    paragraph (13), and paragraph (14) are met, and for annual reporting 
    of the results of such monitoring to the Administrator, except that 
    such reporting requirements shall not apply in the case of a State 
    which is in compliance with the other requirements of this 
    paragraph, which is in compliance with the requirements in paragraph 
    (12)(A) and paragraph (13), and which has enacted legislation which 
    conforms to such requirements and which contains, in the opinion of 
    the Administrator, sufficient enforcement mechanisms to ensure that 
    such legislation will be administered effectively;
        (16) provide assurance that youth in the juvenile justice system 
    are treated equitably on the basis of gender, race, family income, 
    and mentally, emotionally, or physically handicapping conditions;
        (17) provide assurance that consideration will be given to and 
    that assistance will be available for approaches designed to 
    strengthen the families of delinquent and other youth to prevent 
    juvenile delinquency (which approaches should include the 
    involvement of grandparents or other extended family members when 
    possible and appropriate and the provision of family counseling 
    during the incarceration of juvenile family members and coordination 
    of family services when appropriate and feasible);
        (18) provide for procedures to be established for protecting the 
    rights of recipients of services and for assuring appropriate 
    privacy with regard to records relating to such services provided to 
    any individual under the State plan;
        (19) provide that fair and equitable arrangements shall be made 
    to protect the interests of employees affected by assistance under 
    this chapter and shall provide for the terms and conditions of such 
    protective arrangements established pursuant to this section, and 
    such protective arrangements shall, to the maximum extent feasible, 
    include, without being limited to, such provisions as may be 
    necessary for--
            (A) the preservation of rights, privileges, and benefits 
        (including continuation of pension rights and benefits) under 
        existing collective-bargaining agreements or otherwise;
            (B) the continuation of collective-bargaining rights;
            (C) the protection of individual employees against a 
        worsening of their positions with respect to their employment;
            (D) assurances of employment to employees of any State or 
        political subdivision thereof who will be affected by any 
        program funded in whole or in part under provisions of this 
        chapter; and
            (E) training or retraining programs;

        (20) provide for such fiscal control and fund accounting 
    procedures necessary to assure prudent use, proper disbursement, and 
    accurate accounting of funds received under this subchapter;
        (21) provide reasonable assurance that Federal funds made 
    available under this part for any period will be so used as to 
    supplement and increase (but not supplant) the level of the State, 
    local, and other non-Federal funds that would in the absence of such 
    Federal funds be made available for the programs described in this 
    part, and will in no event replace such State, local, and other non-
    Federal funds;
        (22) provide that the State agency designated under paragraph 
    (1) will from time to time, but not less often than annually, review 
    its plan and submit to the Administrator an analysis and evaluation 
    of the effectiveness of the programs and activities carried out 
    under the plan, and any modifications in the plan, including the 
    survey of State and local needs, which it considers necessary;
        (23) address efforts to reduce the proportion of juveniles 
    detained or confined in secure detention facilities, secure 
    correctional facilities, jails, and lockups who are members of 
    minority groups if such proportion exceeds the proportion such 
    groups represent in the general population;
        (24) contain such other terms and conditions as the 
    Administrator may reasonably prescribe to assure the effectiveness 
    of the programs assisted under this subchapter; and
        (25) provide an assurance that if the State receives under 
    section 5632 of this title for any fiscal year an amount that 
    exceeds 105 percent of the amount the State received under such 
    section for fiscal year 1992, all of such excess shall be expended 
    through or for programs that are part of a comprehensive and 
    coordinated community system of services.

(b) Approval by State agency

    The State agency designated under subsection (a)(1) of this section, 
after receiving and considering the advice and recommendations of the 
advisory group referred to in subsection (a) of this section, shall 
approve the State plan and any modification thereof prior to submission 
to the Administrator.

(c) Approval by Administrator; compliance with statutory requirements

    (1) Subject to paragraph (2), the Administrator shall approve any 
State plan and any modification thereof that meets the requirements of 
this section.
    (2) Failure to achieve compliance with the subsection (a)(12)(A) 
requirement within the 3-year time limitation shall terminate any 
State's eligibility for funding under this part for a fiscal year 
beginning before January 1, 1993, unless the Administrator determines 
that the State is in substantial compliance with the requirement, 
through achievement of deinstitutionalization of not less than 75 
percent of such juveniles or through removal of 100 percent of such 
juveniles from secure correctional facilities, and has made, through 
appropriate executive or legislative action, an unequivocal commitment 
to achieving full compliance within a reasonable time not exceeding 2 
additional years.
    (3) If a State fails to comply with the requirements of subsection 
(a),\4\ (12)(A), (13), (14), or (23) of this section in any fiscal year 
beginning after January 1, 1993--
---------------------------------------------------------------------------
    \4\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------
        (A) subject to subparagraph (B), the amount allotted under 
    section 5632 of this title to the State for that fiscal year shall 
    be reduced by 25 percent for each such paragraph with respect to 
    which noncompliance occurs; and
        (B) the State shall be ineligible to receive any allotment under 
    that section for such fiscal year unless--
            (i) the State agrees to expend all the remaining funds the 
        State receives under this part (excluding funds required to be 
        expended to comply with section 5632(c) and (d) of this title 
        and with subsection (a)(5)(C) of this section) for that fiscal 
        year only to achieve compliance with any such paragraph with 
        respect to which the State is in noncompliance; or
            (ii) the Administrator determines, in the discretion of the 
        Administrator, that the State--
                (I) has achieved substantial compliance with each such 
            paragraph with respect to which the State was not in 
            compliance; and
                (II) has made, through appropriate executive or 
            legislative action, an unequivocal commitment to achieving 
            full compliance within a reasonable time.

(d) Nonsubmission or nonqualification of plan; expenditure of allotted 
        funds; availability of reallocated funds

    In the event that any State chooses not to submit a plan, fails to 
submit a plan, or submits a plan or any modification thereof, which the 
Administrator, after reasonable notice and opportunity for hearing, in 
accordance with sections 3783, 3784, and 3785 of this title, determines 
does not meet the requirements of this section, the Administrator shall 
endeavor to make that State's allotment under the provisions of section 
5632(a) of this title, excluding funds the Administrator shall make 
available to satisfy the requirement specified in section 5632(d) of 
this title, available to local public and private nonprofit agencies 
within such State for use in carrying out activities of the kinds 
described in subsection (a)(12)(A), (13), (14) and (23) of this section. 
The Administrator shall make funds which remain available after 
disbursements are made by the Administrator under the preceding 
sentence, and any other unobligated funds, available on an equitable 
basis and to those States that have achieved full compliance with the 
requirements under subsection (a)(12)(A), (13), (14) and (23) of this 
section.

(Pub. L. 93-415, title II, Sec. 223, Sept. 7, 1974, 88 Stat. 1119; Pub. 
L. 94-503, title I, Sec. 130(b), Oct. 15, 1976, 90 Stat. 2425; Pub. L. 
95-115, Secs. 3(a)(3)(B), 4(c)(1)-(15), Oct. 3, 1977, 91 Stat. 1048, 
1051-1054; Pub. L. 96-509, Secs. 11, 19(g), Dec. 8, 1980, 94 Stat. 2755, 
2764; Pub. L. 98-473, title II, Sec. 626, Oct. 12, 1984, 98 Stat. 2111; 
Pub. L. 100-690, title VII, Secs. 7258, 7263(b)(1), Nov. 18, 1988, 102 
Stat. 4439, 4447; Pub. L. 102-586, Sec. 2(f)(3)(A), Nov. 4, 1992, 106 
Stat. 4987; Pub. L. 103-322, title XI, Sec. 110201(d), Sept. 13, 1994, 
108 Stat. 2012; Pub. L. 104-294, title VI, Sec. 604(b)(28), Oct. 11, 
1996, 110 Stat. 3508; Pub. L. 105-277, div. A, Sec. 101(b) [title I, 
Sec. 129(a)(2)(C)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-76.)

                       References in Text

    This chapter, referred to in subsec. (a)(19), was in the original 
``this Act'', meaning Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109, as 
amended, which enacted this chapter, sections 3772 to 3774 and 3821 of 
this title, and sections 4351 to 4353 and 5038 to 5042 of Title 18, 
Crimes and Criminal Procedure, amended sections 3701, 3723, 3733, 3768, 
3811 to 3814, 3882, and 3883 to 3888 of this title, section 5108 of 
Title 5, Government Organization and Employees, and sections 5031 to 
5037 of Title 18, and repealed section 3889 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 5601 of this title and Tables.


                               Amendments

    1998--Subsec. (a)(4). Pub. L. 105-277, Sec. 101(b) [title I, 
Sec. 129(a)(2)(C)(i)], substituted ``units of local government'' for 
``units of general local government'' after ``participation of'' and 
``units of local government'' for ``local governments'' after ``requests 
of''.
    Subsec. (a)(5). Pub. L. 105-277, Sec. 101(b) [title I, 
Sec. 129(a)(2)(C)(ii)], substituted ``units of local government'' for 
``units of general local government'' in subpar. (A) and ``unit of local 
government'' for ``unit of general local government'' in subpar. (B).
    Subsec. (a)(6). Pub. L. 105-277, Sec. 101(b) [title I, 
Sec. 129(a)(2)(C)(iii)], substituted ``unit of local government'' for 
``unit of general local government''.
    Subsec. (a)(10). Pub. L. 105-277, Sec. 101(b) [title I, 
Sec. 129(a)(2)(C)(iv)], substituted ``unit of local government'' for 
``unit of general local government'' in introductory provisions.
    1996--Subsec. (a)(12)(A). Pub. L. 104-294 substituted ``similar 
State law)'' for ``similar State law).''
    1994--Subsec. (a)(12)(A). Pub. L. 103-322 substituted ``(other than 
an offense that constitutes a violation of a valid court order or a 
violation of section 922(x) of title 18 or a similar State law).'' for 
``which do not constitute violations of valid court orders''.
    1992--Subsec. (a). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(I), 
substituted ``programs and challenge activities subsequent to State 
participation in part E of this subchapter. The State'' for ``programs, 
and the State'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(II), made 
technical amendment to reference to section 5671 of this title to 
reflect renumbering of corresponding section of original act.
    Subsec. (a)(3). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(III), amended 
par. (3) generally, revising and restating as subpars. (A) to (E) 
provisions formerly appearing in text containing unindented subpars. (A) 
to (F).
    Subsec. (a)(8). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(IV), designated 
existing provisions as subpar. (A), redesignated former cls. (A) to (C) 
as (i) to (iii), respectively, inserted ``(including educational 
needs)'' after ``delinquency prevention needs'' in two places in cl. 
(i), and added subpars. (B) to (D).
    Subsec. (a)(9). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(V), inserted 
``recreation,'' after ``special education,''.
    Subsec. (a)(10). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(VI), amended 
par. (10) generally, revising and restating as introductory provisions 
and subpars. (A) to (O) provisions of former introductory provisions and 
subpars. (A) to (L).
    Subsec. (a)(12)(A). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(VII), 
inserted ``or alien juveniles in custody,'' after ``court orders,''.
    Subsec. (a)(13). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(VIII), struck 
out ``regular'' before ``contact with'' and inserted ``or with the part-
time or full-time security staff (including management) or direct-care 
staff of a jail or lockup for adults''.
    Subsec. (a)(14). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(IX)(bb), (cc), 
in introductory provisions substituted ``1997'' for ``1993'' and ``areas 
that are in compliance with paragraph (13) and'' for ``areas which'', 
added subpars. (A) to (C), and struck out former subpars. (A) to (C) 
which read as follows:
    ``(A) are outside a Standard Metropolitan Statistical Area,
    ``(B) have no existing acceptable alternative placement available, 
and
    ``(C) are in compliance with the provisions of paragraph (13);''.
    Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(IX)(aa), which directed the 
amendment of par. (14) by striking out ``; beginning after the five-year 
period following December 8, 1980,'' was executed by striking out ``, 
beginning after the five-year period following December 8, 1980,'' after 
``provide that'' to reflect the probable intent of Congress.
    Subsec. (a)(16). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(X), amended 
par. (16) generally. Prior to amendment, par. (16) read as follows: 
``provide assurance that assistance will be available on an equitable 
basis to deal with disadvantaged youth including, but not limited to, 
females, minority youth, and mentally retarded and emotionally or 
physically handicapped youth;''.
    Subsec. (a)(17). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(XI), 
substituted ``the families'' for ``and maintain the family units'' and 
``delinquency (which'' for ``delinquency. Such'' and inserted before 
semicolon ``and the provision of family counseling during the 
incarceration of juvenile family members and coordination of family 
services when appropriate and feasible)''.
    Subsec. (a)(25). Pub. L. 102-586, Sec. 2(f)(3)(A)(i)(XII)-(XIV), 
added par. (25).
    Subsec. (c). Pub. L. 102-586, Sec. 2(f)(3)(A)(ii), amended subsec. 
(c) generally, revising and restating as pars. (1) to (3) provisions of 
former pars. (1) to (4).
    Subsec. (d). Pub. L. 102-586, Sec. 2(f)(3)(A)(iii), inserted ``, 
excluding funds the Administrator shall make available to satisfy the 
requirement specified in section 5632(d) of this title,'' and 
substituted ``activities of the kinds described in subsection 
(a)(12)(A), (13), (14) and (23) of this section'' for ``the purposes of 
subsection (a)(12)(A) of this section, subsection (a)(13) of this 
section, or subsection (a)(14) of this section'' and ``subsection 
(a)(12)(A), (13), (14) and (23) of this section'' for ``subsection 
(a)(12)(A) of this section and subsection (a)(13) of this section''.
    1988--Subsec. (a)(1). Pub. L. 100-690, Sec. 6263(b)(1), made 
technical amendment to reference to section 5671 of this title to 
reflect renumbering of corresponding section of original act.
    Subsec. (a)(5). Pub. L. 100-690, Sec. 7258(a)(1), substituted in 
introductory provisions ``shall be expended'' for ``shall be expended 
through'', in subpar. (A) substituted ``through programs'' for 
``programs'' and struck out ``and'' at end, in subpar. (B) substituted 
``through programs'' for ``programs'' and inserted ``and'' after 
semicolon, and added subpar. (C).
    Subsec. (a)(8)(A). Pub. L. 100-690, Sec. 7258(a)(2), substituted 
``relevant jurisdiction (including any geographical area in which an 
Indian tribe performs law enforcement functions)'' for ``relevant 
jurisdiction'' and ``juvenile crime problems (including the joining of 
gangs that commit crimes)'' for ``juvenile crime problems'' in two 
places.
    Subsec. (a)(14). Pub. L. 100-690, Sec. 7258(b), substituted ``1993'' 
for ``1989'', substituted a semicolon for the period at end of subpar. 
(iii), and redesignated subpars. (i) to (iii) as subpars. (A) to (C), 
respectively.
    Subsec. (a)(23), (24). Pub. L. 100-690, Sec. 7258(c), added par. 
(23) and redesignated former par. (23) as (24).
    Subsec. (c)(1). Pub. L. 100-690, Sec. 7258(d)(1)-(3), designated 
existing provisions as par. (1), substituted ``part'' for ``subpart'', 
and struck out last sentence which read as follows: ``Failure to achieve 
compliance with the requirements of subsection (a)(14) of this section, 
within the 5-year time limitation shall terminate any State's 
eligibility for funding under this subpart, unless the Administrator 
determines that (1) the State is in substantial compliance with such 
requirements through the achievement of not less than 75 percent removal 
of juveniles from jails and lockups for adults; and (2) the State has 
made, through appropriate executive or legislative action, an 
unequivocal commitment to achieving full compliance within a reasonable 
time, not to exceed 3 additional years.''
    Subsec. (c)(2) to (4). Pub. L. 100-690, Sec. 7258(d)(4), added pars. 
(2) to (4).
    1984--Subsec. (a). Pub. L. 98-473, Sec. 626(a)(9), (10), struck out 
provision after numbered paragraphs which read as follows: ``such plan 
may at the discretion of the Associate Administrator be incorporated 
into the plan specified in section 3743 of this title. Such plan shall 
be modified by the State, as soon as practicable after December 8, 1980, 
in order to comply with the requirements of paragraph (14).''
    Subsec. (a)(1). Pub. L. 98-473, Sec. 626(a)(1), substituted ``agency 
described in section 5671(c)(1) of this title'' for ``criminal justice 
council established by the State under section 3742(b)(1) of this 
title''.
    Subsec. (a)(2). Pub. L. 98-473, Sec. 626(a)(2), struck out 
``(hereafter referred to in this part as the `State criminal justice 
council')'' before ``has or will have authority''.
    Subsec. (a)(3)(C). Pub. L. 98-473, Sec. 626(a)(3)(A), in amending 
subpar. (C) generally, designated provisions following ``representatives 
of private organizations'' as cl. (i) and inserted ``, including those 
with a special focus on maintaining and strengthening the family unit'', 
designated provisions following ``which utilize'' as cl. (ii) and 
inserted ``representatives of organizations which'', added cl. (iii), 
designated provisions following ``business groups as cl. (iv), 
designated the remainder of subpar. (C) as cl. (v) and substituted 
``family, school violence and vandalism, and learning disabilities,'' 
for ``school violence and vandalism and the problem of learning 
disabilities; and organizations which represent employees affected by 
this chapter,''.
    Subsec. (a)(3)(F). Pub. L. 98-473, Sec. 626(a)(3)(B)(i), substituted 
``agency designated under paragraph (1)'' for ``criminal justice 
council'' in three places.
    Subsec. (a)(3)(F)(ii). Pub. L. 98-473, Sec. 626(a)(3)(B)(ii), 
substituted ``paragraphs (12), (13), and (14)'' for ``paragraph (12)(A) 
and paragraph (13)''.
    Subsec. (a)(3)(F)(iv). Pub. L. 98-473, Sec. 626(a)(3)(B)(iii), 
substituted ``paragraphs (12), (13), and (14)'' for ``paragraph (12)(A) 
and paragraph (13)'' and struck out ``in advising on the State's 
maintenance of effort under section 3793a of this title,'' before ``and 
in review''.
    Subsec. (a)(9). Pub. L. 98-473, Sec. 626(a)(4), inserted ``special 
education,''.
    Subsec. (a)(10). Pub. L. 98-473, Sec. 626(a)(5)(A), in provisions 
preceding subpar. (A), substituted ``programs for juveniles, including 
those processed in the criminal justice system,'' for ``programs for 
juveniles'' and ``provide for effective rehabilitation, and facilitate 
the coordination of services between the juvenile justice and criminal 
justice systems'' for ``and provide for effective rehabilitation''.
    Subsec. (a)(10)(E). Pub. L. 98-473, Sec. 626(a)(5)(B), inserted ``, 
including programs to counsel delinquent youth and other youth regarding 
the opportunities which education provides''.
    Subsec. (a)(10)(F). Pub. L. 98-473, Sec. 626(a)(5)(C), inserted 
``and their families''.
    Subsec. (a)(10)(H)(iii). Pub. L. 98-473, Sec. 626(a)(5)(D)(i), 
substituted ``National Advisory Committee for Juvenile Justice and 
Delinquency Prevention made before October 12, 1984, standards for the 
improvement of juvenile justice within the State;'' for ``Advisory 
Committee, standards for the improvement of juvenile justice within the 
State; or''.
    Subsec. (a)(10)(H)(v). Pub. L. 98-473, Sec. 626(a)(5)(D)(ii), (iii), 
added cl. (v).
    Subsec. (a)(10)(I). Pub. L. 98-473, Sec. 626(a)(5)(E), struck out 
``and'' at end.
    Subsec. (a)(10)(J). Pub. L. 98-473, Sec. 626(a)(5)(F), struck out 
``juvenile gangs and their members'' and inserted ``gangs whose 
membership is substantially composed of juveniles''.
    Subsec. (a)(10)(K), (L). Pub. L. 98-473, Sec. 626(a)(5)(G), added 
subpars. (K) and (L).
    Subsec. (a)(14). Pub. L. 98-473, Sec. 626(a)(6), in amending par. 
(14) generally, inserted ``, through 1989,'' after ``shall'' and 
substituted provisions relating to exceptions for former provisions 
which related to the special needs of areas characterized by low 
population density with respect to the detention of juveniles and 
exceptions for temporary detention in adult facilities of juveniles 
accused of serious crimes against persons.
    Subsec. (a)(17), (18). Pub. L. 98-473, Sec. 626(a)(11), (12), added 
par. (17) and redesignated former par. (17) as (18). Former par. (18) 
redesignated (19).
    Subsec. (a)(19). Pub. L. 98-473, Sec. 626(a)(11), redesignated par. 
(18) as (19). Former par. (19) redesignated (20).
    Pub. L. 98-473, Sec. 626(a)(7), in provisions preceding (A), 
substituted ``shall be'' for ``are'' after ``arrangements'' and 
substituted ``chapter and shall provide for the terms and conditions of 
such protective arrangements established pursuant to this section, and 
such'' for ``chapter. Such'', inserted ``and'' at end of subpar. (D), 
substituted a semicolon for the period at end of subpar. (E), and struck 
out last sentence, which read as follows: ``The State plan shall provide 
for the terms and conditions of the protection arrangements established 
pursuant to this section;''.
    Subsec. (a)(20), (21). Pub. L. 98-473, Sec. 626(a)(11), redesignated 
pars. (19) and (20) as (20) and (21), respectively. Former par. (21) 
redesignated (22).
    Subsec. (a)(22). Pub. L. 98-473, Sec. 626(a)(11), redesignated par. 
(21) as (22). Former par. (22) redesignated (23).
    Pub. L. 98-473, Sec. 626(a)(8), substituted ``agency designated 
under paragraph (1)'' for ``criminal justice council''.
    Subsec. (a)(23). Pub. L. 98-473, Sec. 626(a)(11), redesignated par. 
(22) as (23).
    Subsec. (b). Pub. L. 98-473, Sec. 626(b), substituted ``agency 
designated under subsection (a)(1) of this section'' for ``criminal 
justice council designated pursuant to section 5633(a) of this title'' 
and ``subsection (a) of this section'' for ``section 5633(a) of this 
title''.
    Subsec. (c). Pub. L. 98-473, Sec. 626(c), substituted ``3'' for 
``2'' before ``additional years''.
    Subsec. (d). Pub. L. 98-473, Sec. 626(d), made a conforming 
amendment to the reference to sections 3783, 3784, and 3785 of this 
title to reflect the renumbering of the corresponding sections of the 
original act.
    1980--Subsec. (a). Pub. L. 96-509, Sec. 11(a)(1), in provisions 
preceding par. (1), provided for 3-year, rather than annual, plans and 
annually submitted performance reports which describe the progress in 
implementing programs contained in the original plan and the status of 
compliance with State plan requirements.
    Pub. L. 96-509, Secs. 11(a)(15)(B), 19(g)(11), in provisions 
following par. (22), substituted reference to section 3743 of this title 
for reference to section 3733(a) of this title and inserted provision 
that plans be modified by States as soon as possible after Dec. 8, 1980, 
in order to comply with the requirements of par. (14).
    Subsec. (a)(1). Pub. L. 96-509, Sec. 19(g)(1), substituted ``State 
criminal justice council established by the State under section 
3742(b)(1) of this title'' for ``State planning agency established by 
the State under section 3723 of this title''.
    Subsec. (a)(2). Pub. L. 96-509, Sec. 19(g)(2), substituted 
``criminal justice council'' for ``planning agency''.
    Subsec. (a)(3)(A). Pub. L. 96-509, Secs. 11(a)(2), 19(g)(3), 
provided that State advisory groups shall consist of between 15 and 33 
members rather than between 21 and 33 members and substituted ``juvenile 
delinquency'' for ``a juvenile delinquency''.
    Subsec. (a)(3)(B). Pub. L. 96-509, Sec. 11(a)(3), provided that 
locally elected officials be included on State advisory groups and made 
clear that special education departments be included along with other 
public agencies for representation on State advisory groups.
    Subsec. (a)(3)(E). Pub. L. 96-509, Sec. 11(a)(4), provided that one-
fifth of the members of State advisory groups be under 24 years of age 
at the time of their appointment, rather than one-third under 26 years 
of age.
    Subsec. (a)(3)(F). Pub. L. 96-509, Secs. 11(a)(5), (6), 19(g)(4), 
substituted in cl. (i) ``criminal justice council'' for ``planning 
agency'', in cl. (ii) provision that the State advisory groups submit 
recommendations to the Governor and the legislature at least annually 
regarding matters related to its functions for provision that the State 
advisory groups advise the Governor and the legislature on matters 
related to its functions as requested, in cl. (iii) ``criminal justice 
council'' for ``planning agency other than those subject to review by 
the State's judicial planning committee established pursuant to section 
3723(c) of this title'', in cl. (iv) ``criminal justice council and 
local criminal justice advisory'' for ``planning agency and regional 
planning unit supervisory'' and ``section 3793a of this title'' for 
``sections 3768(b) and 5671(b) of this title'', and added cl. (v).
    Subsec. (a)(8). Pub. L. 96-509, Sec. 11(a)(7), provided that State 
juvenile justice plan requirements conform to State criminal justice 
application requirements and required a State concentration of effort to 
coordinate State juvenile delinquency programs and policy.
    Subsec. (a)(10). Pub. L. 96-509, Sec. 11(a)(8)(A)-(C), in provisions 
preceding subpar. (A), clarified that the advanced techniques described 
in this paragraph are to be used to provide community-based alternatives 
to ``secure'' juvenile detention and correctional facilities and that 
advanced techniques can be used for the purpose of providing programs 
for juveniles who have committed serious crimes, particularly programs 
designed to improve sentencing procedures, provide resources necessary 
for informed dispositions, and provide for effective rehabilitation.
    Subsec. (a)(10)(A). Pub. L. 96-509, Sec. 11(a)(9), inserted 
provisions for inclusion of education and special education programs 
among community-based programs and services.
    Subsec. (a)(10)(E). Pub. L. 96-509, Sec. 11(a)(10), clarified that 
educational programs included as advanced techniques should be designed 
to encourage delinquent and other youth to remain in school.
    Subsec. (a)(10)(H). Pub. L. 96-509, Sec. 11(a)(11), provided that 
statewide programs through the use of subsidies or other financial 
incentives to units of local government be designed to (1) remove 
juveniles from jails and lock-ups for adults, (2) replicate juvenile 
programs designed as exemplary by the National Institute of Justice, (3) 
establish and adopt standards for the improvement of juvenile justice 
within the State, or, (4) increase the use of nonsecure, community-based 
facilities and discourage the use of secure incarceration and detention.
    Subsec. (a)(10)(I). Pub. L. 96-509, Sec. 11(a)(12), revised subpar. 
(I) to provide that advanced technique programs designed to develop and 
implement projects relating to juvenile delinquency and learning 
disabilities include on-the-job training programs to assist law 
enforcement and juvenile justice personnel to more effectively recognize 
and provide for learning disabled and other handicapped juveniles.
    Subsec. (a)(10)(J). Pub. L. 96-509, Sec. 11(a)(8)(D), added subpar. 
(J).
    Subsec. (a)(11). Pub. L. 96-509, Sec. 19(g)(5), substituted 
``provide'' for ``provides''.
    Subsec. (a)(12)(A). Pub. L. 96-509, Sec. 11(a)(13), clarified that 
juveniles who are charged with or who have committed offenses that would 
not be criminal if committed by an adult shall not be placed in secure 
detention facilities or secure correctional facilities rather than 
simply, as formerly, juvenile detention or correctional facilities.
    Subsec. (a)(12)(B). Pub. L. 96-509, Sec. 19(g)(6), substituted 
``Administrator'' for ``Associate Administrator''.
    Subsec. (a)(14). Pub. L. 96-509, Sec. 11(a)(15)(A), added par. (14). 
Former par. (14) redesignated (15).
    Subsec. (a)(15). Pub. L. 96-509, Secs. 11(a)(14), (15)(A), 19(g)(7), 
redesignated former par. (14) as (15) and in par. (15) as so 
redesignated, provided that the annual reporting requirements of the 
results of the monitoring required by this section can be waived for 
States which have complied with the requirements of par. (12)(A), par. 
(13), and par. (14), and which have enacted legislation, conforming to 
those requirements, which contains, in the opinion of the Administrator, 
sufficient enforcement mechanisms to ensure that such legislation will 
be administered effectively and substituted ``to the Administrator'' for 
``to the Associate Administrator''. Former par. (15) redesignated (16).
    Subsec. (a)(16), (17). Pub. L. 96-509, Sec. 11(a)(15)(A), 
redesignated former pars. (15) and (16) as (16) and (17), respectively. 
Former par. (17) redesignated (18).
    Subsec. (a)(18). Pub. L. 96-509, Secs. 11(a)(15)(A), 19(g)(8), 
redesignated former par. (17) as (18) and, in subpar. (A) of par. (18) 
as so redesignated, substituted ``preservation of rights'' for 
``preservation or rights''. Former par. (18) redesignated (19).
    Subsec. (a)(19), (20). Pub. L. 96-509, Sec. 11(a)(15)(A), 
redesignated former pars. (18) and (19) as (19) and (20), respectively.
    Subsec. (a)(21). Pub. L. 96-509, Secs. 11(a)(15)(A), 19(g)(9), 
redesignated former par. (20) as (21) and substituted ``State criminal 
justice council will from time to time, but not less often than 
annually, review its plan and submit to the Administrator'' for ``State 
planning agency will from time to time, but not less often than 
annually, review its plan and submit to the Associate Administrator''. 
Former par. (21) redesignated (22).
    Subsec. (a)(22). Pub. L. 96-509, Secs. 11(a)(15)(A), 19(g)(10), 
redesignated former par. (21) as (22) and substituted ``Administrator'' 
for ``Associate Administrator''.
    Subsec. (b). Pub. L. 96-509, Sec. 19(g)(12), substituted ``criminal 
justice council'' for ``planning agency''.
    Subsec. (c). Pub. L. 96-509, Sec. 11(b), made conforming amendment, 
redefined ``substantial compliance'' with regard to subsection 
(a)(12)(A) of this section to include either 75 percent 
deinstitutionalization of juveniles who are charged with or who have 
committed offenses that would not be criminal if committed by an adult, 
or such nonoffenders as dependent or neglected children or the removal 
of 100 percent of such juveniles from secure correctional facilities, 
and inserted provision at end defining substantial compliance with 
regard to subsec. (a)(14) of this section.
    Subsec. (d). Pub. L. 96-509, Secs. 11(c), 19(g)(13), substituted 
reference to sections 3783, 3784, and 3785 of this title for reference 
to sections 3757, 3758, and 3759 of this title and provided that 
redistributed allotments be used for the purposes of subsections 
(a)(12)(A), (a)(13) or (a)(14) of this section, and further provided 
that the Administrator shall make such reallocated funds available on an 
equitable basis to States that have achieved full compliance with the 
requirements under subsecs. (a)(12)(A) and (a)(13) of this section.
    1977--Subsec. (a)(3). Pub. L. 95-115, Sec. 4(c)(1), in introductory 
text substituted provisions relating to functions under subpar. (F) and 
participation in the development and review of the plan, for provisions 
relating to advisement of the State planning agency and its supervisory 
board, in subpar. (C) inserted provision relating to representatives 
from business groups and businesses, and in subpar. (E) inserted 
requirement for at least three of the members to be or have been under 
the jurisdiction of the juvenile justice system, and added subpar. (F).
    Subsec. (a)(4). Pub. L. 95-115. Sec. 4(c)(2), inserted provisions 
relating to grants or contracts with local private agencies or the 
advisory group, and substituted ``units of general local government or 
combinations thereof in'' for ``local governments in''.
    Subsec. (a)(5). Pub. L. 95-115, Sec. 4(c)(3), substituted provisions 
relating to requirements respecting expenditure of funds through 
programs of units of general local government or combinations thereof 
and programs of local private agencies, for provisions relating to 
requirements respecting expenditure of funds through programs of local 
government.
    Subsec. (a)(6). Pub. L. 95-115, Sec. 4(c)(4), inserted provision 
relating to regional planning agency and ``unit of general'' before 
``local government''.
    Subsec. (a)(8). Pub. L. 95-115, Sec. 4(c)(5), inserted provisions 
relating to programs and projects developed under the study.
    Subsec. (a)(10). Pub. L. 95-115, Sec. 4(c)(6)(A)(i), (B), inserted 
provisions relating to availability of funds to the State advisory group 
and provisions expanding authorized use of funds to include 
encouragement of diversity of alternatives within the juvenile justice 
system and adoption of juvenile justice standards, and substituted 
reference to unit of general local government or combination of such 
unit with the State, for reference to local government.
    Subsec. (a)(10)(A). Pub. L. 95-115, Sec. 4(c)(6)(A)(ii), inserted 
``twenty-four hour intake screening, volunteer and crisis home programs, 
day treatment, and home probation,'' after ``health services,''.
    Subsec. (a)(10)(C). Pub. L. 95-115, Sec. 4(c)(6)(A)(iii), 
substituted ``other youth to help prevent delinquency'' for ``youth in 
danger of becoming delinquent''.
    Subsec. (a)(10)(D). Pub. L. 95-115, Sec. 4(c)(6)(A)(iv), substituted 
provisions relating to programs stressing advocacy activities, for 
provisions relating to programs of drug and alcohol abuse education and 
prevention and programs for treatment and rehabilitation of drug 
addicted youth and drug dependent youth as defined in section 201(q) of 
this title.
    Subsec. (a)(10)(G). Pub. L. 95-115, Sec. 4(c)(6)(A)(v), inserted 
``traditional youth'' after ``reached by''.
    Subsec. (a)(10)(H). Pub. L. 95-115, Sec. 4(c)(6)(A)(vi), substituted 
``are'' for ``that may include but are not limited to programs''.
    Subsec. (a)(10)(I). Pub. L. 95-115, Sec. 4(c)(6)(A)(vii), added 
subpar. (I).
    Subsec. (a)(12). Pub. L. 95-115, Sec. 4(c)(7), redesignated existing 
provisions as subpar. (A), substituted provisions relating to detention 
requirements respecting programs within three years after submission of 
the initial plan, for provisions relating to detention requirements 
respecting programs within two years after submission of the plan, and 
added subpar. (B).
    Subsec. (a)(13). Pub. L. 95-115, Sec. 4(c)(8), inserted ``and youths 
within the purview of paragraph (12)'' after ``delinquent''.
    Subsec. (a)(14). Pub. L. 95-115, Secs. 3(a)(3)(B), 4(c)(9), inserted 
``(A)'' after ``(12)'' and ``Associate'' before ``Administrator'' and 
substituted ``facilities, correctional facilities, and non-secure 
facilities'' for ``facilities, and correctional facilities''.
    Subsec. (a)(15). Pub. L. 95-115, Sec. 4(c)(10), struck out ``all'' 
before ``disadvantaged''.
    Subsec. (a)(19). Pub. L. 95-115, Sec. 4(c)(11), struck out ``, to 
the extent feasible and practical'' before ``the level''.
    Subsec. (a)(20), (21). Pub. L. 95-115, Sec. 3(a)(3)(B), inserted 
``Associate'' before ``Administrator'' wherever appearing.
    Subsec. (b). Pub. L. 95-115, Sec. 4(c)(12), substituted provisions 
relating to advice and recommendations for provisions relating to 
consultations.
    Subsec. (c). Pub. L. 95-115, Sec. 4(c)(13), inserted provisions 
relating to failure to achieve compliance with the requirements of 
subsec. (a)(12)(A) within the three-year time limitation.
    Subsec. (d). Pub. L. 95-115, Sec. 4(c)(14), inserted provision 
relating to the State choosing not to submit a plan and provision 
relating to reallocation of funds by the Administrator.
    Subsec. (e). Pub. L. 95-115, Sec. 4(c)(15), struck out subsec. (e) 
which related to reallotment of funds in a State where the State plan 
fails to meet the requirements of this section as a result of oversight 
or neglect.
    1976--Subsec. (a). Pub. L. 94-503 substituted ``(15), and (17)'' for 
``and (15)'' in provisions preceding par. (1).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 
604(d) of Pub. L. 104-294, set out as a note under section 13 of Title 
18, Crimes and Criminal Procedure.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective Oct. 1, 1988, but amendment 
by section 7258(a) of Pub. L. 100-690 not applicable to a State with 
respect to a fiscal year beginning before Nov. 18, 1988, if the State 
plan is approved before such date by the Administrator for such fiscal 
year, see section 7296(a), (b)(1) 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.
    Section 4(c)(3)(B) of Pub. L. 95-115 provided in part that the 
amendment of subsec. (a)(5) of this section, which substituted 
``5632(d)'' for ``5632(e)'', by section 4(c)(3)(B) of Pub. L. 95-115 is 
effective Oct. 1, 1978.
    Section 4(c)(6)(B) of Pub. L. 95-115 provided in part that the 
amendment of subsec. (a)(10) of this section, which substituted 
``5632(d)'' for ``5632(e)'', by section 4(c)(6)(B) of Pub. L. 95-115 is 
effective Oct. 1, 1978.


                            Savings Provision

    Section 2(f)(3)(B) of Pub. L. 102-586 provided that: 
``Notwithstanding the amendment made by subparagraph (A)(ii) [amending 
this section], section 223(c)(3) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633(c)(3)), as in effect on the day 
prior to the date of enactment of this Act [Nov. 4, 1992], shall remain 
in effect to the extent that it provides the Administrator authority to 
grant a waiver with respect to a fiscal year prior to a fiscal year 
beginning before January 1, 1993.'' On the day prior to Nov. 4, 1992, 
subsec. (c)(3) of this section read as follows: ``Except as provided in 
paragraph (2), failure to achieve compliance with the requirements of 
subsection (a)(14) of this section after December 8, 1985, shall 
terminate any State's eligibility for funding under this part unless the 
Administrator waives the termination of the State's eligibility on the 
condition that the State agrees to expend all of the funds to be 
received under this part by the State (excluding funds required to be 
expended to comply with subsections (c) and (d) of section 5632 of this 
title and with subsection (a)(5)(C) of this section), only to achieve 
compliance with subsection (a)(14) of this section.''


                   Termination of Advisory Committees

    Advisory committees established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a committee established by 
the President or an officer of the Federal Government, such committee is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a committee established by the Congress, its 
duration is otherwise provided for by law. See section 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.


  Costs and Implications of Removal of Juveniles From Adults in Jails; 
                           Report to Congress

    Section 17 of Pub. L. 96-509 provided that the Administrator of the 
Office of Juvenile Justice and Delinquency Prevention, not later than 18 
months after Dec. 8, 1980, submit a report to the Congress relating to 
the cost and implications of any requirement added to the Juvenile 
Justice and Delinquency Prevention Act of 1974 which would mandate the 
removal of juveniles from adults in all jails and lockups, such report 
to include an estimate of the costs likely to be incurred by the States, 
an analysis of the experience of States which required the removal of 
juveniles from adults in all jails and lockups, an analysis of possible 
adverse ramifications which might result from such requirement of 
removal, and recommendations for such legislative or administrative 
action as the Administrator considers appropriate.

                  Section Referred to in Other Sections

    This section is referred to in sections 5614, 5616, 5617, 5631, 
5632, 5651, 5662, 5665a, 5671, 5674, 5675, 5782 of this title.
