
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: 42USC5665]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
                        Part C--National Programs
 
     subpart ii--special emphasis prevention and treatment programs
 
Sec. 5665. Authority to make grants and contracts


(a) Purposes of grants and contracts

    Except as provided in subsection (f) of this section, the 
Administrator shall, by making grants to and entering into contracts 
with public and private nonprofit agencies, organizations, institutions, 
and individuals \1\ provide for each of the following during each fiscal 
year:
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    \1\ So in original. Probably should be followed by a comma.
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        (1) Establishing or maintaining community-based alternatives 
    (including home-based treatment programs) to traditional forms of 
    institutionalization of juvenile offenders.
        (2) Establishing or implementing effective means of diverting 
    juveniles from the traditional juvenile justice and correctional 
    system, including restitution and reconciliation projects which test 
    and validate selected arbitration models, such as neighborhood 
    courts or panels, and increase victim satisfaction while providing 
    alternatives to incarceration for detained or adjudicated 
    delinquents.
        (3) Establishing or supporting advocacy programs and services 
    that encourage the improvement of due process available to juveniles 
    in the juvenile justice system and the quality of legal 
    representation for such juveniles.
        (4) Establishing or supporting programs stressing advocacy 
    activities aimed at improving services to juveniles affected by the 
    juvenile justice system, including services that provide for the 
    appointment of special advocates by courts for such juveniles.
        (5) Developing or supporting model programs (including self-help 
    programs for parents) to strengthen and maintain the family unit in 
    order to prevent or treat juvenile delinquency, including programs 
    that work with families during the incarceration of juvenile family 
    members and which take into consideration the special needs of 
    families with limited-English speaking ability.
        (6) Establishing or implementing special emphasis prevention and 
    treatment programs relating to juveniles who commit serious crimes 
    (including such crimes committed in schools), including programs 
    designed to deter involvement in illegal activities or to promote 
    involvement in lawful activities on the part of gangs whose 
    membership is substantially composed of juveniles.
        (7) Developing or implementing further a coordinated, national 
    law-related education program of--
            (A) delinquency prevention in elementary and secondary 
        schools, and other local sites;
            (B) training for persons responsible for the implementation 
        of law-related education programs; and
            (C) disseminating information regarding model, innovative, 
        law-related education programs to juvenile delinquency programs, 
        including those that are community based, and to law enforcement 
        and criminal justice agencies for activities related to 
        juveniles,

    that targets juveniles who have had contact with the juvenile 
    justice system or who are likely to have contact with the system.
        (8) Addressing 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.
        (9) Establishing or supporting programs designed to prevent and 
    to reduce the incidence of hate crimes by juveniles, including--
            (A) model educational programs that are designed to reduce 
        the incidence of hate crimes by means such as--
                (i) addressing the specific prejudicial attitude of each 
            offender;
                (ii) developing an awareness in the offender of the 
            effect of the hate crime on the victim; and
                (iii) educating the offender about the importance of 
            tolerance in our society; and

            (B) sentencing programs that are designed specifically for 
        juveniles who commit hate crimes and that provide alternatives 
        to incarceration.

(b) Development and implementation of new approaches, techniques, and 
        methods

    Except as provided in subsection (f) of this section, the 
Administrator is authorized, by making grants to and entering into 
contracts with public and private nonprofit agencies, organizations, 
institutions, and individuals, to develop and implement new approaches, 
techniques, and methods designed to--
        (1) improve the capability of public and private agencies and 
    organizations to provide services for delinquents and other 
    juveniles to help prevent juvenile delinquency;
        (2) develop and implement, in coordination with the Secretary of 
    Education, model programs and methods to keep students in elementary 
    and secondary schools, to assist in identifying learning 
    difficulties (including learning disabilities), to prevent 
    unwarranted and arbitrary suspensions and expulsions, and to 
    encourage new approaches and techniques with respect to the 
    prevention of school violence and vandalism;
        (3) develop, implement, and support, in conjunction with the 
    Secretary of Labor, other public and private agencies, 
    organizations, business, and industry, programs for the employment 
    of juveniles;
        (4) develop and support programs designed to encourage and 
    assist State legislatures to consider and establish policies 
    consistent with this subchapter, both by amending State laws, if 
    necessary, and devoting greater resources to effectuate such 
    policies;
        (5) develop and implement programs relating to juvenile 
    delinquency and learning disabilities, including on-the-job training 
    programs to assist law enforcement personnel \2\ community service 
    personnel, and juvenile justice personnel to more effectively 
    recognize and provide for learning-disabled and other handicapped 
    juveniles;
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    \2\ So in original. Probably should be followed by a comma.
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        (6) develop statewide programs through the use of subsidies or 
    other financial incentives designed to--
            (A) remove juveniles from jails and lockups for adults;
            (B) replicate juvenile programs designated as exemplary by 
        the National Institute of Justice; or
            (C) establish and adopt, based upon the recommendations of 
        the National Advisory Committee for Juvenile Justice and 
        Delinquency Prevention made before October 12, 1984, standards 
        for the improvement of juvenile justice within each State 
        involved; and

        (7) develop and implement model programs, relating to the 
    special education needs of delinquent and other juveniles, which 
    develop locally coordinated policies and programs among education, 
    juvenile justice, and social service agencies.

(c) Private nonprofit agencies, organizations, and institutions with 
        experience in dealing with juveniles

    Not less than 30 percent of the funds available for grants and 
contracts under this section shall be available for grants to and 
contracts with private nonprofit agencies, organizations, and 
institutions which have experience in dealing with juveniles.

(d) Female, minority, and disadvantaged juveniles

    Assistance provided under this section shall be available on an 
equitable basis to deal with female, minority, and disadvantaged 
juveniles, including juveniles who are mentally, emotionally, or 
physically handicapped.

(e) Special needs and problems of juvenile delinquency in certain areas

    Not less than 5 percent of the funds available for grants and 
contracts under this section shall be available for grants and contracts 
designed to address the special needs and problems of juvenile 
delinquency in the Virgin Islands of the United States, Guam, American 
Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth 
of the Northern Mariana Islands.

(f) Grants or contracts to Department of Justice

    The Administrator shall not make a grant or a contract under 
subsection (a) or (b) of this section to the Department of Justice or to 
any administrative unit or other entity that is part of the Department 
of Justice.

(Pub. L. 93-415, title II, Sec. 261, as added Pub. L. 100-690, title 
VII, Sec. 7263(a)(2)(F), Nov. 18, 1988, 102 Stat. 4443; amended Pub. L. 
102-586, Sec. 2(g)(7), Nov. 4, 1992, 106 Stat. 5000.)


                            Prior Provisions

    A prior section 261 of Pub. L. 93-415 was renumbered section 299 and 
is classified to section 5671 of this title.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-586, Sec. 2(g)(7)(A)(i), substituted 
``Except as provided in subsection (f) of this section, the'' for 
``The'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 102-586, Sec. 2(g)(7)(A)(ii), inserted 
``(including home-based treatment programs)'' after ``programs''.
    Subsec. (a)(3). Pub. L. 102-586, Sec. 2(g)(7)(A)(iii), amended par. 
(3) generally. Prior to amendment, par. (3) read as follows: 
``Establishing or supporting programs stressing advocacy activities 
aimed at improving services to juveniles impacted by the juvenile 
justice system, including services which encourage the improvement of 
due process available to juveniles in the juvenile justice system, which 
improve the quality of legal representation of such juveniles, and which 
provide for the appointment of special advocates by courts for such 
juveniles.''
    Subsec. (a)(4). Pub. L. 102-586, Sec. 2(g)(7)(A)(v), added par. (4). 
Former par. (4) redesignated (5).
    Subsec. (a)(5). Pub. L. 102-586, Sec. 2(g)(7)(A)(vi), which directed 
amendment of par. (4), as redesignated by section 2(g)(7)(A)(iv) of Pub. 
L. 102-586, by inserting ``(including self-help programs for parents)'' 
after ``programs'' and by inserting ``, including programs that work 
with families during the incarceration of juvenile family members and 
which take into consideration the special needs of families with 
limited-English speaking ability'' before period at end, was executed by 
making the insertions in par. (5) to reflect the probable intent of 
Congress, because par. (4) was redesignated as par. (5) by section 
2(g)(7)(A)(iv) and no par. was redesignated as par. (4) by Pub. L. 102-
586. See below.
    Pub. L. 102-586, Sec. 2(g)(7)(A)(iv), redesignated par. (4) as (5). 
Former par. (5) redesignated (6).
    Subsec. (a)(6). Pub. L. 102-586, Sec. 2(g)(7)(A)(iv), redesignated 
par. (5) as (6). Former par. (6) redesignated (7).
    Subsec. (a)(7). Pub. L. 102-586, Sec. 2(g)(7)(A)(iv), (vii), 
redesignated par. (6) as (7), substituted comma for period at end of 
subpar. (C), and inserted at end ``, that targets juveniles who have had 
contact with the juvenile justice system or who are likely to have 
contact with the system.''. Former par. (7) redesignated (8).
    Subsec. (a)(8). Pub. L. 102-586, Sec. 2(g)(7)(A)(iv), redesignated 
par. (7) as (8).
    Subsec. (a)(9). Pub. L. 102-586, Sec. 2(g)(7)(A)(viii), added par. 
(9).
    Subsec. (b). Pub. L. 102-586, Sec. 2(g)(7)(C)(i), substituted 
``Except as provided in subsection (f) of this section, the'' for 
``The'' in introductory provisions.
    Subsec. (b)(2). Pub. L. 102-586, Sec. 2(g)(7)(C)(ii), inserted ``to 
assist in identifying learning difficulties (including learning 
disabilities),'' after ``schools,''.
    Subsec. (b)(5). Pub. L. 102-586, Sec. 2(g)(7)(B), which directed 
insertion of ``community service personnel,'' after ``law enforcement 
personnel,'', was executed by making insertion after ``law enforcement 
personnel'' to reflect the probable intent of Congress because there was 
no comma following ``law enforcement personnel''.
    Subsec. (f). Pub. L. 102-586, Sec. 2(g)(7)(D), added subsec. (f).


                             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.

          Termination of Trust Territory of the Pacific Islands

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

                  Section Referred to in Other Sections

    This section is referred to in sections 5651, 5671, 5674, 5675 of 
this title.
