
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5653]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
                        Part C--National Programs
 
   subpart i--national institute for juvenile justice and delinquency 
                               prevention
 
Sec. 5653. Research, demonstration, and evaluation functions of 
        Institute
        
    (a) The Administrator, acting through the National Institute for 
Juvenile Justice and Delinquency Prevention, is authorized to--
        (1) conduct, encourage, and coordinate research and evaluation 
    into any aspect of juvenile delinquency, particularly with regard to 
    new programs and methods which seek to strengthen and preserve 
    families or which show promise of making a contribution toward the 
    prevention and treatment of juvenile delinquency;
        (2) encourage the development of demonstration projects in new, 
    innovative techniques and methods to prevent and treat juvenile 
    delinquency;
        (3) establish or expand 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 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;

        (4) Encourage \1\ the development of programs which, in addition 
    to helping youth take responsibility for their behavior, take into 
    consideration life experiences which may have contributed to their 
    delinquency when developing intervention and treatment programs;
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    \1\ So in original. Probably should not be capitalized.
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        (5) \2\ encourage the development and establishment of programs 
    to enhance the States' ability to identify chronic serious and 
    violent juvenile offenders who commit crimes such as rape, murder, 
    firearms offenses, gang-related crimes, violent felonies, and 
    serious drug offenses;
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    \2\ So in original. Two pars. (5) have been enacted.
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        (5) \2\ provide for the evaluation of all juvenile delinquency 
    programs assisted under this subchapter in order to determine the 
    results and the effectiveness of such programs;
        (6) provide for the evaluation of any other Federal, State, or 
    local juvenile delinquency program;
        (7) prepare, in cooperation with educational institutions, with 
    Federal, State, and local agencies, and with appropriate individuals 
    and private agencies, such studies as it considers to be necessary 
    with respect to the prevention and treatment of juvenile delinquency 
    and the improvement of the juvenile justice system, including--
            (A) recommendations designed to promote effective prevention 
        and treatment, particularly by strengthening and maintaining the 
        family unit;
            (B) assessments regarding the role of family violence, 
        sexual abuse or exploitation, media violence, the improper 
        handling of youth placed in one State by another State, the 
        effectiveness of family-centered treatment programs, special 
        education, remedial education, and recreation, and the extent to 
        which youth in the juvenile system are treated differently on 
        the basis of sex, race, or family income and the ramifications 
        of such treatment;
            (C) examinations of the treatment of juveniles processed in 
        the criminal justice system; and
            (D) recommendations as to effective means for detering \3\ 
        involvement in illegal activities or promoting involvement in 
        lawful activities (including the productive use of discretionary 
        time through organized recreational \4\ on the part of gangs 
        whose membership is substantially composed of juveniles;
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    \3\ So in original. Probably should be ``deterring''.
    \4\ So in original. Probably should be ``recreational activities)''.

        (8) disseminate the results of such evaluations and research and 
    demonstration activities particularly to persons actively working in 
    the field of juvenile delinquency;
        (9) disseminate pertinent data and studies to individuals, 
    agencies, and organizations concerned with the prevention and 
    treatment of juvenile delinquency;
        (10) develop and support model State legislation consistent with 
    the mandates of this subchapter and the standards developed by the 
    National Advisory Committee for Juvenile Justice and Delinquency 
    Prevention before October 12, 1984;
        (11) support research relating to reducing the excessive 
    proportion of juveniles detained or confined in secure detention 
    facilities, secure correctional facilities, jails, and lockups who 
    are members of minority groups; and \5\
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    \5\ So in original. The word ``and'' probably should not appear.
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        (12) support independent and collaborative research, research 
    training, and consultation on social, psychological, educational, 
    economic, and legal issues affecting children and families;
        (13) support research related to achieving a better 
    understanding of the commission of hate crimes by juveniles and 
    designed to identify educational programs best suited to prevent and 
    reduce the incidence of hate crimes committed by juveniles; and
        (14) routinely collect, analyze, compile, publish, and 
    disseminate uniform national statistics concerning--
            (A) all aspects of juveniles as victims and offenders;
            (B) the processing and treatment, in the juvenile justice 
        system, of juveniles who are status offenders, delinquent, 
        neglected, or abused; and
            (C) the processing and treatment of such juveniles who are 
        treated as adults for purposes of the criminal justice system.

    (b) The Administrator shall make available to the public--
        (1) the results of evaluations and research and demonstration 
    activities referred to in subsection (a)(8) of this section; and
        (2) the data and studies referred to in subsection (a)(9) of 
    this section;

that the Administrator is authorized to disseminate under subsection (a) 
of this section.

(Pub. L. 93-415, title II, Sec. 243, Sept. 7, 1974, 88 Stat. 1126; Pub. 
L. 95-115, Secs. 3(a)(3)(B), 5(b), Oct. 3, 1977, 91 Stat. 1048, 1057; 
Pub. L. 98-473, title II, Sec. 632, Oct. 12, 1984, 98 Stat. 2118; Pub. 
L. 100-690, title VII, Sec. 7261, Nov. 18, 1988, 102 Stat. 4442; Pub. L. 
102-586, Sec. 2(g)(3), Nov. 4, 1992, 106 Stat. 4995.)


                               Amendments

    1992--Pub. L. 102-586, Sec. 2(g)(3)(A), designated existing 
provisions as subsec. (a).
    Subsec. (a)(1). Pub. L. 102-586, Sec. 2(g)(3)(B), substituted 
``preserve families'' for ``maintain the family unit''.
    Subsec. (a)(3), (4). Pub. L. 102-586, Sec. 2(g)(3)(D), added pars. 
(3) and (4). Former pars. (3) and (4) redesignated (5) and (6), 
respectively.
    Subsec. (a)(5). Pub. L. 102-586, Sec. 2(g)(3)(D), added par. (5) 
relating to enhancement of States' ability to identify chronic serious 
and violent juvenile offenders who commit crimes.
    Pub. L. 102-586, Sec. 2(g)(3)(C), redesignated par. (3), relating to 
evaluation of juvenile delinquency programs, as (5). Former par. (5) 
redesignated (7).
    Subsec. (a)(6). Pub. L. 102-586, Sec. 2(g)(3)(C), redesignated par. 
(4) as (6). Former par. (6) redesignated (8).
    Subsec. (a)(7). Pub. L. 102-586, Sec. 2(g)(3)(C), (E), redesignated 
par. (5) as (7) and in subpar. (D) inserted ``(including the productive 
use of discretionary time through organized recreational''. Former par. 
(7) redesignated (9).
    Subsec. (a)(8) to (11). Pub. L. 102-586, Sec. 2(g)(3)(C), 
redesignated pars. (6) to (9) as (8) to (11), respectively.
    Subsec. (a)(12) to (14). Pub. L. 102-586, Sec. 2(g)(3)(F)-(H), added 
pars. (12) to (14).
    Subsec. (b). Pub. L. 102-586, Sec. 2(g)(3)(H), added subsec. (b).
    1988--Pub. L. 100-690, Sec. 7261(1), substituted ``Administrator, 
acting through the National Institute for Juvenile Justice and 
Delinquency Prevention,'' for ``National Institute for Juvenile Justice 
and Delinquency Prevention''.
    Par. (4). Pub. L. 100-690, Sec. 7261(2), struck out ``, upon the 
request of the Deputy Administrator'' after ``program''.
    Par. (5). Pub. L. 100-690, Sec. 7261(3), substituted in introductory 
provisions ``the improvement of the juvenile justice system'' for 
``related matters'', struck out ``and'' at end of subpar. (A), 
substituted ``effectiveness of family-centered treatment programs'' for 
``possible ameliorating roles of familial relationships'' in subpar. 
(B), and substituted semicolon for period in subpar. (D).
    Pars. (8), (9). Pub. L. 100-690, Sec. 7261(4)-(6), added pars. (8) 
and (9).
    1984--Par. (1). Pub. L. 98-473, Sec. 632(1), inserted ``which seek 
to strengthen and maintain the family unit or''.
    Par. (4). Pub. L. 98-473, Sec. 632(2), substituted ``Deputy'' for 
``Associate''.
    Par. (5). Pub. L. 98-473, Sec. 632(3), amended par. (5) generally. 
Prior to amendment, par. (5) read as follows: ``prepare, in cooperation 
with educational institutions, Federal, State, and local agencies, and 
appropriate individuals and private agencies, such studies as it 
considers to be necessary with respect to the prevention and treatment 
of juvenile delinquency and related matters, including recommendations 
designed to promote effective prevention and treatment, such as 
assessments regarding the role of family violence, sexual abuse or 
exploitation and media violence in delinquency, the improper handling of 
youth placed in one State by another State, the possible ameliorating 
roles of recreation and the arts, and the extent to which youth in the 
juvenile system are treated differently on the basis of sex and the 
ramifications of such practices;''.
    Par. (7). Pub. L. 98-473, Sec. 632(4), struck out ``(including a 
periodic journal)'' before ``to individuals''.
    1977--Par. (4). Pub. L. 95-115, Sec. 3(a)(3)(B), inserted 
``Associate'' before ``Administrator''.
    Par. (5). Pub. L. 95-115, Sec. 5(b), inserted provisions relating to 
assessments regarding the role of family violence, etc.


                    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.


                   Model Juvenile Handgun Legislation

    Pub. L. 103-322, title XI, Sec. 110201(e), Sept. 13, 1994, 108 Stat. 
2012, provided that: ``The Attorney General, acting through the Director 
of the National Institute for Juvenile Justice and Delinquency 
Prevention, shall--
        ``(1) evaluate existing and proposed juvenile handgun 
    legislation in each State;
        ``(2) develop model juvenile handgun legislation that is 
    constitutional and enforceable;
        ``(3) prepare and disseminate to State authorities the findings 
    made as the result of the evaluation; and
        ``(4) report to Congress by December 31, 1995, findings and 
    recommendations concerning the need or appropriateness of further 
    action by the Federal Government.''
