
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: 42USC5662]

 
                 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. 5662. Special studies and reports


(a) Pursuant to 1988 amendments

    (1) Not later than 1 year after November 18, 1988, the Administrator 
shall begin to conduct a study with respect to the juvenile justice 
system--
        (A) to review--
            (i) conditions in detention and correctional facilities for 
        juveniles; and
            (ii) the extent to which such facilities meet recognized 
        national professional standards; and

        (B) to make recommendations to improve conditions in such 
    facilities.

    (2)(A) Not later than 1 year after November 18, 1988, the 
Administrator shall begin to conduct a study to determine--
        (i) how juveniles who are American Indians and Alaskan Natives 
    and who are accused of committing offenses on and near Indian 
    reservations and Alaskan Native villages, respectively, are treated 
    under the systems of justice administered by Indian tribes and 
    Alaskan Native organizations, respectively, that perform law 
    enforcement functions;
        (ii) the amount of financial resources (including financial 
    assistance provided by governmental entities) available to Indian 
    tribes and Alaskan Native organizations that perform law enforcement 
    functions, to support community-based alternatives to incarcerating 
    juveniles; and
        (iii) the extent to which such tribes and organizations comply 
    with the requirements specified in paragraphs (12)(A), (13), and 
    (14) of section 5633(a) of this title, applicable to the detention 
    and confinement of juveniles.

    (B)(i) for \1\ purposes of section 450e(b) of title 25, any 
contract, subcontract, grant, or subgrant made under paragraph (1) shall 
be deemed to be a contract, subcontract, grant, or subgrant made for the 
benefit of Indians.
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    \1\ So in original. Probably should be capitalized.
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    (ii) for \1\ purposes of section 450e(b) of title 25 and 
subparagraph (A) of this paragraph, references to Indians and Indian 
organizations shall be deemed to include Alaskan Natives and Alaskan 
Native organizations, respectively.
    (3) Not later than 3 years after November 18, 1988, the 
Administrator shall submit a report to the chairman of the Committee on 
Education and Labor of the House of Representatives and the chairman of 
the Committee on the Judiciary of the Senate containing a description, 
and a summary of the results, of the study conducted under paragraph (1) 
or (2), as the case may be.

(b) Pursuant to 1992 amendments

    (1) Not later than 1 year after November 4, 1992, the Comptroller 
General shall--
        (A) conduct a study with respect to juveniles waived to adult 
    court that reviews--
            (i) the frequency and extent to which juveniles have been 
        transferred, certified, or waived to criminal court for 
        prosecution during the 5-year period ending December 1992;
            (ii) conditions of confinement in adult detention and 
        correctional facilities for juveniles waived to adult court; and
            (iii) sentencing patterns, comparing juveniles waived to 
        adult court with juveniles who have committed similar offenses 
        but have not been waived; and

        (B) submit to the Committee on Education and Labor of the House 
    of Representatives and the Committee on the Judiciary of the Senate 
    a report (including a compilation of State waiver statutes) on the 
    findings made in the study and recommendations to improve conditions 
    for juveniles waived to adult court.

    (2) Not later than 1 year after November 4, 1992, the Comptroller 
General shall--
        (A) conduct a study with respect to admissions of juveniles for 
    behavior disorders to private psychiatric hospitals, and to other 
    residential and nonresidential programs that serve juveniles 
    admitted for behavior disorders, that reviews--
            (i) the frequency with which juveniles have been admitted to 
        such hospitals and programs during the 5-year period ending 
        December 1992; and
            (ii) conditions of confinement, the average length of stay, 
        and methods of payment for the residential care of such 
        juveniles; and

        (B) submit to the Committee on Education and Labor of the House 
    of Representatives and the Committee on the Judiciary of the Senate 
    a report on the findings made in the study and recommendations to 
    improve procedural protections and conditions for juveniles with 
    behavior disorders admitted to such hospitals and programs.

    (3) Not later than 1 year after November 4, 1992, the Comptroller 
General shall--
        (A) conduct a study of gender bias within State juvenile justice 
    systems that reviews--
            (i) the frequency with which females have been detained for 
        status offenses (such as frequently running away, truancy, and 
        sexual activity), as compared with the frequency with which 
        males have been detained for such offenses during the 5-year 
        period ending December 1992; and
            (ii) the appropriateness of the placement and conditions of 
        confinement for females; and

        (B) submit to the Committee on Education and Labor of the House 
    of Representatives and the Committee on the Judiciary of the Senate 
    a report on the findings made in the study and recommendations to 
    combat gender bias in juvenile justice and provide appropriate 
    services for females who enter the juvenile justice system.

    (4) Not later than 1 year after November 4, 1992, the Comptroller 
General shall--
        (A) conduct a study of the Native American pass-through grant 
    program authorized under section 5633(a)(5)(C) of this title that 
    reviews the cost-effectiveness of the funding formula utilized; and
        (B) submit to the Committee on Education and Labor of the House 
    of Representatives and the Committee on the Judiciary of the Senate 
    a report on the findings made in the study and recommendations to 
    improve the Native American pass-through grant program.

    (5) Not later than 1 year after November 4, 1992, the Comptroller 
General shall--
        (A) conduct a study of access to counsel in juvenile court 
    proceedings that reviews--
            (i) the frequency with which and the extent to which 
        juveniles in juvenile court proceedings either have waived 
        counsel or have obtained access to counsel during the 5-year 
        period ending December 1992; and
            (ii) a comparison of access to and the quality of counsel 
        afforded juveniles charged in adult court proceedings with those 
        of juveniles charged in juvenile court proceedings; and

        (B) submit to Committee on Education and Labor of the House of 
    Representatives and the Committee on the Judiciary of the Senate a 
    report on the findings made in the study and recommendations to 
    improve access to counsel for juveniles in juvenile court 
    proceedings.

    (6)(A) Not later than 180 days after November 4, 1992, the 
Administrator shall begin to conduct a study and continue any pending 
study of the incidence of violence committed by or against juveniles in 
urban and rural areas in the United States.
    (B) The urban areas shall include--
        (i) the District of Columbia;
        (ii) Los Angeles, California;
        (iii) Milwaukee, Wisconsin;
        (iv) Denver, Colorado;
        (v) Pittsburgh, Pennsylvania;
        (vi) Rochester, New York; and
        (vii) such other cities as the Administrator determines to be 
    appropriate.

    (C) At least one rural area shall be included.
    (D) With respect to each urban and rural area included in the study, 
the objectives of the study shall be--
        (i) to identify characteristics and patterns of behavior of 
    juveniles who are at risk of becoming violent or victims of 
    homicide;
        (ii) to identify factors particularly indigenous to such area 
    that contribute to violence committed by or against juveniles;
        (iii) to determine the accessibility of firearms, and the use of 
    firearms by or against juveniles;
        (iv) to determine the conditions that cause any increase in 
    violence committed by or against juveniles;
        (v) to identify existing and new diversion, prevention, and 
    control programs to ameliorate such conditions;
        (vi) to improve current systems to prevent and control violence 
    by or against juveniles; and
        (vii) to develop a plan to assist State and local governments to 
    establish viable ways to reduce homicide committed by or against 
    juveniles.

    (E) Not later than 3 years after November 4, 1992, the Administrator 
shall submit a report to the Committee on Education and Labor of the 
House of Representatives and the Committee on the Judiciary of the 
Senate detailing the results of the study addressing each objective 
specified in subparagraph (D).
    (7)(A) Not later than 1 year after November 4, 1992, the 
Administrator shall--
        (i) conduct a study described in subparagraph (B); and
        (ii) submit to the chairman of the Committee on Education and 
    Labor of the House of Representatives and the chairman of the 
    Committee on the Judiciary of the Senate the results of the study.

    (B) The study required by subparagraph (A) shall assess--
        (i) the characteristics of juveniles who commit hate crimes, 
    including a profile of such juveniles based on--
            (I) the motives for committing hate crimes;
            (II) the age, sex, race, ethnicity, education level, 
        locality, and family income of such juveniles; and
            (III) whether such juveniles are familiar with publications 
        or organized groups that encourage the commission of hate 
        crimes;

        (ii) the characteristics of hate crimes committed by juveniles, 
    including--
            (I) the types of hate crimes committed;
            (II) the frequency with which institutions and natural 
        persons, separately determined, were the targets of such crimes;
            (III) the number of persons who participated with juveniles 
        in committing such crimes;
            (IV) the types of law enforcement investigations conducted 
        with respect to such crimes;
            (V) the law enforcement proceedings commenced against 
        juveniles for committing hate crimes; and
            (VI) the penalties imposed on such juveniles as a result of 
        such proceedings; and

        (iii) the characteristics of the victims of hate crimes 
    committed by juveniles, including--
            (I) the age, sex, race, ethnicity, locality of the victims 
        and their familiarity with the offender; and
            (II) the motivation behind the attack.

(Pub. L. 93-415, title II, Sec. 248, as added Pub. L. 100-690, title 
VII, Sec. 7264, Nov. 18, 1988, 102 Stat. 4447; amended Pub. L. 102-586, 
Sec. 2(g)(6), Nov. 4, 1992, 106 Stat. 4997.)


                            Prior Provisions

    A prior section 248 of Pub. L. 93-415 was renumbered section 246 and 
is classified to section 5660 of this title.
    Another prior section 248 of Pub. L. 93-415 was classified to 
section 5658 of this title prior to repeal by Pub. L. 95-115, 
Sec. 5(e)(1), Oct. 3, 1977, 91 Stat. 1057.
    Another prior section 248 of Pub. L. 93-415 was renumbered section 
245 and is classified to section 5659 of this title.


                               Amendments

    1992--Pub. L. 102-586 designated existing provisions as subsec. (a) 
and inserted heading, redesignated former subsec. (a) as subsec. (a)(1), 
redesignated former subsec. (a)(1) and its subpars. (A) and (B) as 
subsec. (a)(1)(A) and cls. (i) and (ii), respectively, redesignated 
former subsec. (a)(2) as subsec. (a)(1)(B), redesignated subsec. (b)(1) 
and its subpars. (A) to (C) as subsec. (a)(2)(A) and cls. (i) to (iii), 
respectively, redesignated subsec. (b)(2) and its subpars. (A) and (B) 
as subsec. (a)(2)(B) and cls. (i) and (ii), respectively, redesignated 
subsec. (c) as subsec. (a)(3) and substituted ``paragraph (1) or (2)'' 
for ``subsection (a) or (b) of this section'', and added subsec. (b). 
Pub. L. 102-586, Sec. 2(g)(6)(J), which directed substitution of 
``(B)(i) for purposes'' for ``(2)(A) for purposes'', was executed, as 
indicated previously, by making the substitution for ``(2)(A) For 
purposes'' to reflect the intent of Congress to redesignate subsec. 
(b)(2)(A) as subsec. (a)(2)(B)(i).

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                             Effective Date

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