[House Report 111-688]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-688
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
YOUTH PROMISE ACT
_______
December 16, 2010.--Ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1064]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1064) to provide for evidence-based and promising
practices related to juvenile delinquency and criminal street
gang activity prevention and intervention to help build
individual, family, and community strength and resiliency to
ensure that youth lead productive, safe, healthy, gang-free,
and law-abiding lives, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 23
Background and Need for the Legislation.......................... 24
Hearings......................................................... 35
Committee Consideration.......................................... 35
Committee Votes.................................................. 35
Committee Oversight Findings..................................... 37
New Budget Authority and Tax Expenditures........................ 37
Congressional Budget Office Cost Estimate........................ 37
Performance Goals and Objectives................................. 39
Constitutional Authority Statement............................... 39
Advisory on Earmarks............................................. 39
Section-by-Section Analysis...................................... 39
Changes in Existing Law Made by the Bill, as Reported............ 45
Dissenting Views................................................. 50
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Prison Reduction through
Opportunities, Mentoring, Intervention, Support, and Education Act'' or
the ``Youth PROMISE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE
INFORMATION AND EFFORTS
Sec. 101. PROMISE Advisory Panel.
Sec. 102. Geographic assessment of resource allocation.
TITLE II--PROMISE GRANTS
Sec. 200. Purposes.
Subtitle A--PROMISE Assessment and Planning Grants
Sec. 201. PROMISE Assessment and Planning grants authorized.
Sec. 202. PROMISE Coordinating Councils.
Sec. 203. Needs and strengths assessment.
Sec. 204. PROMISE Plan components.
Sec. 205. Authorization of appropriations.
Subtitle B--PROMISE Implementation Grants
Sec. 211. PROMISE Implementation grants authorized.
Sec. 212. PROMISE Implementation grant application requirements.
Sec. 213. Grant award guidelines.
Sec. 214. Reports.
Sec. 215. Authorization of appropriations.
Subtitle C--General PROMISE Grant Provisions
Sec. 221. Non-supplanting clause.
Sec. 222. Grant application review panel.
Sec. 223. Evaluation of PROMISE grant programs.
TITLE III--PROMISE RESEARCH CENTERS
Sec. 301. Establishment of the National Research Center for Proven
Juvenile Justice Practices.
Sec. 302. Grants for Regional Research Proven Practices Partnerships.
TITLE IV--YOUTH-ORIENTED POLICING SERVICES
Sec. 401. Purpose.
Sec. 402. Definitions.
Sec. 403. Grants to State, local, and tribal law enforcement agencies
to hire and train youth-oriented policing officers.
Sec. 404. Establishment of Center for Youth-oriented Policing.
Sec. 405. Authorization of appropriations.
TITLE V--ENHANCED FEDERAL SUPPORT OF LOCAL LAW ENFORCEMENT
Subtitle A--Comprehensive Gang Prevention and Relief
Sec. 501. Short title.
Sec. 502. Designation as a comprehensive gang prevention and relief
area.
Sec. 503. Interagency Gang Prevention Task Force.
Sec. 504. Authorization of appropriations.
Subtitle B--Community and Police Collaboration
Sec. 511. Gang prevention grants.
Subtitle C--City Youth Violence Recovery
Sec. 521. Grants to prevent or alleviate the effects of youth violence.
TITLE VI--PRECAUTION ACT
Sec. 601. Short title.
Sec. 602. Purposes.
Sec. 603. Definitions.
Sec. 604. National Commission on Public Safety Through Crime and
Delinquency Prevention.
Sec. 605. Innovative crime and delinquency prevention and intervention
strategy grants.
TITLE VII--ADDITIONAL IMPROVEMENTS TO JUVENILE JUSTICE
Sec. 701. Youth Victim and Witness Assistance Program.
``Sec. 31707. Authorization of appropriations.
Sec. 702. Expansion and reauthorization of the Mentoring Initiative for
system-involved youth.
Sec. 703. Study on adolescent development and sentences in the Federal
system.
Sec. 704. Partnerships with professional athletic leagues.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention.
(2) Community.--The term ``community'' means a unit of
local government or an Indian Tribe, or part of such a unit or
Tribe, as determined by such a unit or Tribe for the purpose of
applying for a grant under this Act.
(3) Designated geographic area.--The term ``designated
geographic area'' means a 5-digit postal ZIP Code assigned to a
geographic area by the United States Postal Service.
(4) Evidence-based.--The term ``evidence-based'', when used
with respect to a practice relating to juvenile delinquency and
criminal street gang activity prevention and intervention,
means a practice (including a service, program, or strategy)
that has statistically significant juvenile delinquency and
criminal street gang activity reduction outcomes when evaluated
by--
(A) an experimental trial, in which participants
are randomly assigned to participate in the practice
that is the subject of the trial; or
(B) a quasi-experimental trial, in which the
outcomes for participants are compared with outcomes
for a control group that is made up of individuals who
are similar to such participants.
(5) Intervention.--The term ``intervention'' means the
provision of programs and services that are supported by
research, are evidence-based or promising practices, and are
provided to youth who are involved in, or who are identified by
evidence-based risk assessment methods as being at high risk of
continued involvement in, juvenile delinquency or criminal
street gangs, as a result of indications that demonstrate
involvement with problems such as truancy, substance abuse,
mental health treatment needs, or siblings who have had
involvement with juvenile or criminal justice systems.
(6) Juvenile delinquency and criminal street gang activity
prevention.--The term ``juvenile delinquency and criminal
street gang activity prevention'' means the provision of
programs and resources to children and families who have not
yet had substantial contact with criminal justice or juvenile
justice systems, that--
(A) are designed to reduce potential juvenile
delinquency and criminal street gang activity risks;
and
(B) are evidence-based or promising educational,
health, mental health, school-based, community-based,
faith-based, parenting, job training, social
opportunities and experiences, or other programs, for
youth and their families, that have been demonstrated
to be effective in reducing juvenile delinquency and
criminal street gang activity risks.
(7) Promising.--The term ``promising'', when used with
respect to a practice relating to juvenile delinquency and
criminal street gang activity prevention and intervention,
means a practice that is not evidence-based, but--
(A) that has outcomes from an evaluation that
demonstrate that such practice reduces juvenile
delinquency and criminal street gang activity; and
(B) about which a study is being conducted to
determine if such practice is evidence-based.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, the Northern
Mariana Islands, and any other territories or possessions of
the United States.
(9) Youth.--The term ``youth'' means--
(A) an individual who is 18 years of age or
younger; or
(B) in any State in which the maximum age at which
the juvenile justice system of such State has
jurisdiction over individuals exceeds 18 years of age,
an individual who is such maximum age or younger.
TITLE I--FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE
INFORMATION AND EFFORTS
SEC. 101. PROMISE ADVISORY PANEL.
(a) Organization of State Advisory Group Member Representatives.--
Section 223(f) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633(f)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Organization of state advisory group member
representatives.--The Administrator shall provide technical and
financial assistance to a nonpartisan, nonprofit organization
that is described in section 501(c)(3) of the Internal Revenue
Code of 1986, to assist such organization in carrying out the
functions specified in paragraph (2). To receive such
assistance, an organization shall--
``(A) be governed by individuals who--
``(i) have been appointed by a chief
executive of a State to serve as a State
advisory group member under subsection (a)(3);
and
``(ii) are elected to serve as a governing
officer of such organization by a majority of
the Chairs (or Chair-designees) of all such
State advisory groups;
``(B) include member representatives from a
majority of such State advisory groups, who shall be
representative of regionally and demographically
diverse States and jurisdictions; and
``(C) annually seek appointments by the chief
executive of each State of one State advisory group
member and one alternate State advisory group member
from each such State to implement the advisory
functions specified in subparagraphs (D) and (E) of
paragraph (2), including serving on the PROMISE
Advisory Panel, and make a record of any such
appointments available to the public.''; and
(2) in paragraph (2), by amending subparagraph (D) to read
as follows:
``(D) advising the Administrator with respect to
particular functions or aspects of the work of the
Office, and appointing a representative, diverse group
of members of such organization under paragraph (1) to
serve as an advisory panel of State juvenile justice
advisors (referred to as the `PROMISE Advisory Panel')
to carry out the functions specified in subsection (g);
and''.
(b) PROMISE Advisory Panel.--Section 223 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is further
amended by adding at the end the following new subsection:
``(g) PROMISE Advisory Panel.--
``(1) Functions.--The PROMISE Advisory Panel required under
subsection (f)(2)(D) shall--
``(A) assess successful evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention carried out by PROMISE Coordinating
Councils under such Act;
``(B) provide the Administrator with a list of
individuals who have experience in administering or
evaluating practices that serve youth involved in, or
at risk of involvement in, juvenile delinquency and
criminal street gang activity, from which the
Administrator shall select individuals who shall--
``(i) provide to the Administrator peer
reviews of applications submitted by units of
local government and Indian tribes pursuant to
title II of such Act, to ensure that such
applications demonstrate a clear plan to--
``(I) serve youth as part of an
entire family unit; and
``(II) coordinate the delivery of
service to youth among agencies; and
``(ii) advise the Administrator with
respect to the award and allocation of PROMISE
Planning grants to local and tribal governments
that develop PROMISE Coordinating Councils, and
of PROMISE Implementation grants to such
PROMISE Coordinating Councils, pursuant to
title II of such Act;
``(C) develop performance standards to be used to
evaluate programs and activities carried out with
grants under title II of the Youth PROMISE Act,
including the evaluation of changes achieved as a
result of such programs and activities related to
decreases in juvenile delinquency and criminal street
gang activity, including--
``(i) prevention of involvement by at-risk
youth in juvenile delinquency or criminal
street gang activity;
``(ii) diversion of youth with a high risk
of continuing involvement in juvenile
delinquency or criminal street gang activity;
and
``(iii) financial savings from deferred or
eliminated costs, or other benefits, as a
result of such programs and activities, and the
reinvestment by the unit or Tribe of any such
savings; and
``(D) provide the Center for Youth-oriented
Policing with a list of individuals the Panel
recommends for membership on the Youth-oriented
Policing Services Advisory Board, pursuant to section
403(c) of the Youth PROMISE Act.
``(2) Annual report.--Not later than 18 months after the
date of the enactment of the Youth PROMISE Act, and annually
thereafter, the PROMISE Advisory Panel shall prepare a report
containing the findings and determinations under paragraph
(1)(A) and shall submit such report to Congress, the President,
the Attorney General, and the chief executive and chief law
enforcement officer of each State, unit of local government,
and Indian Tribe.''.
(c) Authorization of Appropriations.--Section 299(a)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5671(a)(1)) is amended to read as follows:
``(1) There are authorized to be appropriated to carry out
this title--
``(A) $6,800,000 for fiscal year 2010;
``(B) $7,800,000 for fiscal year 2011;
``(C) $8,800,000 for fiscal year 2012;
``(D) $11,000,000 for fiscal year 2013; and
``(E) $13,600,000 for fiscal year 2014.''.
SEC. 102. GEOGRAPHIC ASSESSMENT OF RESOURCE ALLOCATION.
(a) Grant for Collection of Data To Determine Need.--Subject to the
availability of appropriations, the Administrator shall award a grant,
on a competitive basis, to an organization to--
(1) collect and analyze data related to the existing
juvenile delinquency and criminal street gang activity
prevention and intervention needs and resources in each
designated geographic area;
(2) use the data collected and analyzed under paragraph (1)
to compile a list of designated geographic areas that are in
need of resources to carry out juvenile delinquency and
criminal street gang activity prevention and intervention;
(3) use the data collected and analyzed under paragraph (1)
to rank such areas in descending order by the amount of need
for resources to carry out juvenile delinquency and criminal
street gang activity prevention and intervention, ranking the
area with the greatest need for such resources highest; and
(4) periodically update the list under paragraph (2) and
the rankings under paragraph (3) as the Administrator
determines to be appropriate.
(b) Data Sources.--In compiling such list and determining such
rankings, the organization shall collect and analyze data relating to
juvenile delinquency and criminal street gang activity prevention and
intervention--
(1) using the geographic information system and web-based
mapping application known as the Socioeconomic Mapping and
Resource Topography (SMART) system;
(2) from the Department of Health and Human Services, the
Department of Labor, the Department of Housing and Urban
Development, and the Department of Education; and
(3) from the annual KIDS Count Data Book and other data
made available by the KIDS Count initiative of the Annie E.
Casey Foundation.
(c) Use of Data by the Administrator.--The list and rankings
required by this section shall be provided to the Administrator to be
used to provide funds under this Act in the most strategic and
effective manner to ensure that resources and services are provided to
youth in the communities with the greatest need for such resources and
services.
(d) Limitation on Use of Collected Data.--The information collected
and analyzed under this section may not be used for any purpose other
than to carry out the purposes of this Act. Such information may not be
used for any purpose related to the investigation or prosecution of any
person, or for profiling of individuals based on race, ethnicity,
socio-economic status, or any other characteristic.
(e) Authorization and Limitation of Appropriations.--Of the amount
appropriated for fiscal year 2010 to carry out this section and
subtitle A of title II of this Act (as authorized under section 205),
not more than one percent of such amount, or $1,000,000, whichever is
less, shall be available to carry out this section.
TITLE II--PROMISE GRANTS
SEC. 200. PURPOSES.
The purposes of the grant programs established under this title are
to--
(1) enable local and tribal communities to assess the unmet
needs of youth who are involved in, or are at risk of
involvement in, juvenile delinquency or criminal street gangs;
(2) develop plans appropriate for a community to address
those unmet needs with juvenile delinquency and gang prevention
and intervention practices; and
(3) implement and evaluate such plans in a manner
consistent with this Act.
Subtitle A--PROMISE Assessment and Planning Grants
SEC. 201. PROMISE ASSESSMENT AND PLANNING GRANTS AUTHORIZED.
(a) Grants Authorized.--The Administrator is authorized to award
grants to units of local government and Indian Tribes to assist PROMISE
Coordinating Councils with planning and assessing evidence-based and
promising practices relating to juvenile delinquency and criminal
street gang activity prevention and intervention, especially for youth
who are involved in, or who are at risk of involvement in, juvenile
delinquency and criminal street gang activity. Such PROMISE
Coordinating Councils shall--
(1) conduct an objective needs and strengths assessment in
accordance with section 203; and
(2) develop a PROMISE Plan in accordance with section 204,
based on the assessment conducted in accordance with section
203.
(b) Grant Duration, Amount, and Allocation.--
(1) Duration.--A grant awarded under this section shall be
for a period not to exceed one year.
(2) Maximum grant amount.--A grant awarded under this
section shall not exceed $300,000.
(c) Allocation.--
(1) Minimum allocation.--Subject to the availability of
appropriations, the Administrator shall ensure that the total
funds allocated under this section to units of local
governments and Indian tribes in a State shall not be less than
$1,000,000.
(2) Ratable reduction.--If the amount made available for
grants under this section for any fiscal year is less than the
amount required to provide the minimum allocation of funds
under paragraph (1) to units of local government and Indian
tribes in each State, then the amount of such minimum
allocation shall be ratably reduced.
SEC. 202. PROMISE COORDINATING COUNCILS.
To be eligible to receive a grant under this subtitle, a unit of
local government or an Indian Tribe shall establish a PROMISE
Coordinating Council for each community of such unit or Tribe,
respectively, for which such unit or Tribe is applying for a grant
under this subtitle. Each such community shall include one or more
designated geographic areas identified on the list required under
section 102(a)(2). The members of such a PROMISE Coordinating Council
shall be representatives of public and private sector entities and
individuals that--
(1) shall include, to the extent possible, at least one
representative from each of the following:
(A) the local chief executive's office;
(B) a local educational agency;
(C) a local health agency or provider;
(D) a local mental health agency or provider,
unless the representative under subparagraph (C) also
meets the requirements of this subparagraph;
(E) a local public housing agency;
(F) a local law enforcement agency;
(G) a local child welfare agency;
(H) a local juvenile court;
(I) a local juvenile prosecutor's office;
(J) a private juvenile residential care entity;
(K) a local juvenile public defender's office;
(L) a State juvenile correctional entity;
(M) a local business community representative; and
(N) a local faith-based community representative;
(2) shall include two representatives from each of the
following:
(A) parents who have minor children, and who have
an interest in the local juvenile or criminal justice
systems;
(B) youth between the ages of 15 and 24 who reside
in the jurisdiction of the unit or Tribe; and
(C) members from nonprofit community-based
organizations that provide effective delinquency
prevention and intervention to youth in the
jurisdiction of the unit or Tribe; and
(3) may include other members, as the unit or Tribe
determines to be appropriate.
SEC. 203. NEEDS AND STRENGTHS ASSESSMENT.
(a) Assessment.--Each PROMISE Coordinating Council receiving funds
from a unit of local government or Indian tribe under this subtitle
shall conduct an objective strengths and needs assessment of the
resources of the community for which such PROMISE Coordinating Council
was established, to identify the unmet needs of youth in the community
with respect to evidence-based and promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention. The PROMISE Coordinating Council shall consult with a
research partner receiving a grant under section 302 for assistance
with such assessment. Such assessment shall include, with respect to
the community for which such PROMISE Coordinating Council was
established--
(1) the number of youth who are at-risk of involvement in
juvenile delinquency or street gang activity;
(2) the number of youth who are involved in juvenile
delinquency or criminal street gang activity, including the
number of such youth who are at high-risk of continued
involvement;
(3) youth unemployment rates during the summer;
(4) the number of individuals on public financial
assistance (including a breakdown of the numbers of men, women,
and children on such assistance), the estimated number of youth
who are chronically truant, and the number of youth who have
dropped out of school in the previous year; and
(5) for the year before such assessment, the estimated
total amount expended (by the community and other entities) for
the incarceration of offenders who were convicted or
adjudicated delinquent for an offense that was committed in
such community, including amounts expended for the
incarceration of offenders in prisons, jails, and juvenile
facilities that are located in the United States but are not
located in such community;
(6) a comparison of the amount under paragraph (5) with an
estimation of the amount that would be expended for the
incarceration of offenders described in such paragraph if the
number of offenders described in such paragraph was equal to
the national average incarceration rate per 100,000 population;
and
(7) a description of evidence-based and promising practices
related to juvenile delinquency and criminal street gang
activity prevention available for youth in the community,
including school-based programs, after school programs
(particularly programs that have activities available for youth
between 3:00 and 6:00 in the afternoon), weekend activities and
programs, youth mentoring programs, faith and community-based
programs, summer activities, and summer jobs, if any; and
(8) a description of evidence-based and promising
intervention practices available for youth in the community.
(b) Limitation on Use of Assessment Information.--Information
gathered pursuant to this section may be used for the sole purpose of
developing a PROMISE Plan in accordance with this subtitle.
SEC. 204. PROMISE PLAN COMPONENTS.
(a) In General.--Each PROMISE Coordinating Council receiving funds
from a unit of local government or Indian tribe under this subtitle
shall develop a PROMISE Plan to provide for the coordination of, and,
as appropriate, to support the delivery of, evidence-based and
promising practices related to juvenile delinquency and criminal street
gang activity prevention and intervention to youth and families who
reside in the community for which such PROMISE Coordinating Council was
established. Such a PROMISE Plan shall--
(1) include the strategy by which the PROMISE Coordinating
Council plans to prioritize and allocate resources and services
toward the unmet needs of youth in the community, consistent
with the needs and available resources of communities with the
greatest need for assistance, as determined pursuant to section
102;
(2) include a combination of evidence-based and promising
prevention and intervention practices that are responsive to
the needs of the community;
(3) take into account the cultural and linguistic needs of
the community; and
(4) use approaches that have been shown to be effective at
reducing the rates of juvenile delinquency and criminal street
gang activity in communities.
(b) Mandatory Components.--Each PROMISE Plan shall--
(1) include a plan to connect youth identified in
paragraphs (1) and (2) of section 203(a) to evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention;
(2) identify the amount or percentage of local funds that
are available to the PROMISE Coordinating Council to carry out
the PROMISE Plan;
(3) provide strategies to improve indigent defense delivery
systems, with particular attention given to groups of children
who are disproportionately represented in the State delinquency
system and Federal criminal justice system, as compared to the
representation of such groups in the general population of the
State;
(4) provide for training (which complies with the American
Bar Association Juvenile Justice Standards for the
representation and care of youth in the juvenile justice
system) of prosecutors, defenders, probation officers, judges
and other court personnel related to issues concerning the
developmental needs, challenges, and potential of youth in the
juvenile justice system, (including training related to
adolescent development and mental health issues, and the
expected impact of evidence-based practices and cost reduction
strategies);
(5) ensure that the number of youth involved in the
juvenile delinquency and criminal justice systems does not
increase as a result of the activities undertaken with the
funds provided under this subtitle;
(6) describe the coordinated strategy that will be used by
the PROMISE Coordinating Council to provide at-risk youth with
evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention;
(7) propose the performance evaluation process to be used
to carry out section 211(d), which shall include performance
measures to assess efforts to address the unmet needs of youth
in the community with evidence-based and promising practices
related to juvenile delinquency and criminal street gang
activity prevention and intervention; and
(8) identify the research partner the PROMISE Coordinating
Council will use to obtain information on evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention, and
for the evaluation under section 211(d) of the results of the
activities carried out with funds under this subtitle.
(c) Voluntary Components.--In addition to the components under
subsection (b), a PROMISE Plan may include evidence-based or promising
practices related to juvenile delinquency and criminal street gang
activity prevention and intervention in the following categories:
(1) Early childhood development services (such as pre-natal
and neo-natal health services), early childhood prevention,
voluntary home visiting programs, nurse-family partnership
programs, parenting and healthy relationship skills training,
child abuse prevention programs, Early Head Start, and Head
Start.
(2) Child protection and safety services (such as foster
care and adoption assistance programs), family stabilization
programs, child welfare services, and family violence
intervention programs.
(3) Youth and adolescent development services, including
job training and apprenticeship programs, job placement and
retention training, education and after school programs (such
as school programs with shared governance by students,
teachers, and parents, and activities for youth between the
hours of 3:00 and 6:00 in the afternoon), mentoring programs,
conflict resolution skills training, sports, arts, life skills,
employment and recreation programs, summer jobs, and summer
recreation programs, and alternative school resources for youth
who have dropped out of school or demonstrate chronic truancy.
(4) Heath and mental health services, including cognitive
behavioral therapy, play therapy, and peer mentoring and
counseling.
(5) Substance abuse counseling and treatment services,
including harm-reduction strategies.
(6) Emergency, transitional, and permanent housing
assistance (such as safe shelter and housing for runaway and
homeless youth).
(7) Targeted gang prevention, intervention, and exit
services such as tattoo removal, successful models of anti-gang
crime outreach programs (such as ``street worker'' programs),
and other criminal street gang truce or peacemaking activities.
(8) Training and education programs for pregnant teens and
teen parents.
(9) Alternatives to detention and confinement programs
(such as mandated participation in community service,
restitution, counseling, and intensive individual and family
therapeutic approaches).
(10) Pre-release, post-release, and reentry services to
assist detained and incarcerated youth with transitioning back
into and reentering the community.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Subject to the limitation under section 102(e), there are
authorized to be appropriated for fiscal year 2010, $300,000,000 to
carry out this subtitle and section 102.
Subtitle B--PROMISE Implementation Grants
SEC. 211. PROMISE IMPLEMENTATION GRANTS AUTHORIZED.
(a) PROMISE Implementation Grants Authorized.--The Administrator of
the Office of Juvenile Justice and Delinquency Prevention is authorized
to award grants to units of local government and Indian Tribes to
assist PROMISE Coordinating Councils with implementing PROMISE Plans
(developed pursuant to subtitle A).
(b) Grant Duration and Amount.--
(1) Duration.--A grant awarded under this section shall be
for a four-year period.
(2) Maximum grant amount.--A grant awarded under this
section shall not be for more than $10,000,000 per year for
each year of the grant period.
(c) Non-Federal Funds Required.--For each fiscal year during the
four-year grant period for a grant under this subtitle, each unit of
local government or Indian Tribe receiving such a grant for a PROMISE
Coordinating Council shall provide, from non-Federal funds, in cash or
in kind, 25 percent of the costs of the activities carried out with
such grant.
(d) Evaluation.--Of any funds provided to a unit of local
government or an Indian Tribe for a grant under this subtitle, not more
than $100,000 shall be used to provide a contract to a competitively
selected organization to assess the progress of the unit or Tribe in
addressing the unmet needs of youth in the community, in accordance
with the performance measures under section 204(b)(7).
SEC. 212. PROMISE IMPLEMENTATION GRANT APPLICATION REQUIREMENTS.
(a) Application Required.--To be eligible to receive a PROMISE
Implementation grant under this subtitle, a unit of local government or
Indian Tribe that received a PROMISE Assessment and Planning grant
under subtitle A shall submit an application to the Administrator of
the Office of Juvenile Justice and Delinquency Prevention not later
than one year after the date such unit of local government or Indian
Tribe was awarded such grant under subtitle A, in such manner, and
accompanied by such information, as the Administrator, after
consultation with the organization under section 223(f)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(f)(1)), may require.
(b) Contents of Application.--Each application submitted under
subsection (a) shall--
(1) identify potential savings from criminal justice costs,
public assistance costs, and other costs avoided by utilizing
evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention;
(2) document--
(A) investment in evidence-based and promising
practices related to juvenile delinquency and criminal
street gang activity prevention and intervention to be
provided by the unit of local government or Indian
Tribe;
(B) the activities to be undertaken with the grants
funds;
(C) any expected efficiencies in the juvenile
justice or other local systems to be attained as a
result of implementation of the programs funded by the
grant; and
(D) outcomes from such activities, in terms of the
expected numbers related to reduced criminal activity;
(3) describe how savings sustained from investment in
prevention and intervention practices will be reinvested in the
continuing implementation of the PROMISE Plan; and
(4) provide an assurance that the local fiscal contribution
with respect to evidence-based and promising practices related
to juvenile delinquency and criminal street gang activity
prevention and intervention in the community for which the
PROMISE Coordinating Council was established for each year of
the grant period will not be less than the local fiscal
contribution with respect to such practices in the community
for the year preceding the first year of the grant period.
SEC. 213. GRANT AWARD GUIDELINES.
(a) Selection and Distribution.--Grants awarded under this subtitle
shall be awarded on a competitive basis. The Administrator shall--
(1) take such steps as may be necessary to ensure that
grants are awarded to units of local governments and Indian
Tribes in areas with the highest concentrations of youth who
are--
(A) at-risk of involvement in juvenile delinquency
or criminal street gang activity; and
(B) involved in juvenile delinquency or street gang
activity and who are at high-risk of continued
involvement; and
(2) give consideration to the need for grants to be awarded
to units of local governments and Indian Tribes in each region
of the United States, and among urban, suburban, and rural
areas.
(b) Extension of Grant Award.--The Administrator may extend the
grant period under section 211(b)(1) for a PROMISE Implementation grant
to a unit of local government or an Indian Tribe, in accordance with
regulations issued by the Administrator.
(c) Renewal of Grant Award.--Subject to the availability of
appropriations, the Administrator may renew a PROMISE Implementation
grant to a unit of local government or an Indian Tribe to provide such
unit or Tribe with additional funds to continue implementation of a
PROMISE Plan. Such a renewal--
(1) shall be initiated by an application for renewal from a
unit of local government or an Indian Tribe;
(2) shall be carried out in accordance with regulations
issued by the Administrator; and
(3) shall not be granted unless the Administrator
determines such a renewal to be appropriate based on the
results of the evaluation conducted under section 223(a) with
respect to the community of such unit of Tribe for which a
PROMISE Coordinating Council was established, and for which
such unit or Tribe is applying for renewal.
SEC. 214. REPORTS.
Not later than one year after the end of the grant period for which
a unit of local government or an Indian Tribe receives a PROMISE
Implementation grant, and annually thereafter for as long as such unit
or Tribe continues to receive Federal funding for a PROMISE
Coordinating Council, such unit or Tribe shall report to the
Administrator regarding the use of Federal funds to implement the
PROMISE Plan developed under subtitle A.
SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
such sums as may be necessary for each of the fiscal years 2011 through
2014.
Subtitle C--General PROMISE Grant Provisions
SEC. 221. NON-SUPPLANTING CLAUSE.
A unit of local government or Indian Tribe receiving a grant under
this title shall use such grant only to supplement, and not supplant,
the amount of funds that, in the absence of such grant, would be
available to address the needs of youth in the community with respect
to evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention.
SEC. 222. GRANT APPLICATION REVIEW PANEL.
The Administrator of the Office of Juvenile Justice and Delinquency
Prevention, in conjunction with the PROMISE Advisory Panel, shall
establish and utilize a transparent, reliable, and valid system for
evaluating applications for PROMISE Assessment and Planning grants and
for PROMISE Implementation grants, and shall determine which applicants
meet the criteria for funding, based primarily on a determination of
greatest need (in accordance with section 102), with due consideration
to other enumerated factors and the indicated ability of the applicant
to successfully implement the program described in the application.
SEC. 223. EVALUATION OF PROMISE GRANT PROGRAMS.
(a) Evaluation Required.--Subject to the availability of
appropriations under this title, the Administrator shall, in
consultation with the organization under section 223(f)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(f)(1)), provide for an evaluation of the programs and activities
carried out with grants under this title. In carrying out this section,
the Administrator shall--
(1) award grants to institutions of higher education
(including institutions that are eligible to receive funds
under part J of title IV of the Higher Education Act of 1965
(as amended by Public Law 110-84)) to facilitate the evaluation
process and measurement of achieved outcomes;
(2) identify evidence-based and promising practices used by
Promise Coordinating Councils under PROMISE Implementation
grants that have proven to be effective in preventing
involvement in, or diverting further involvement in, juvenile
delinquency or criminal street gang activity; and
(3) ensure--
(A) that such evaluation is based on the
performance standards that are developed by the PROMISE
Advisory Panel in accordance with section 223(g) of the
Juvenile Justice and Delinquency Prevention Act of 1974
(as added by section 101(b) of this Act);
(B) the development of longitudinal and clinical
trial evaluation and performance measurements with
regard to the evidence-based and promising practices
funded under this title; and
(C) the dissemination of the practices identified
in paragraph (2) to the National Research Center for
Proven Juvenile Justice Practices (established under
section 301), units of local government, and Indian
Tribes to promote the use of such practices by such
units and Tribes to prevent involvement in, or to
divert further involvement in, juvenile delinquency or
criminal street gang activity.
(b) Results to the National Research Center for Proven Juvenile
Justice Practices.--The Administrator shall provide the results of the
evaluation under subsection (a) to the National Research Center for
Proven Juvenile Justice Practices established under section 301.
TITLE III--PROMISE RESEARCH CENTERS
SEC. 301. ESTABLISHMENT OF THE NATIONAL RESEARCH CENTER FOR PROVEN
JUVENILE JUSTICE PRACTICES.
(a) Center Established.--Subject to the availability of
appropriations, the Administrator shall award a grant to a nonprofit
organization with a national reputation for expertise in operating or
evaluating effective, evidence-based practices related to juvenile
delinquency and criminal street gang activity prevention or
intervention to develop a National Research Center for Proven Juvenile
Justice Practices. Such Center shall--
(1) collaborate with institutions of higher education as
regional partners to create a best practices juvenile justice
information-sharing network to support the programs and
activities carried out with grants under title II of this Act;
(2) collect, and disseminate to PROMISE Coordinating
Councils, research and other information about evidence-based
and promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention to
inform the efforts of PROMISE Coordinating Councils and
regional research partners and to support the programs and
activities carried out with grants under title II of this Act;
(3) increase the public's knowledge and understanding of
effective juvenile justice practices to prevent crime and
delinquency and reduce recidivism; and
(4) develop, manage, and regularly update an Internet
website to disseminate proven practices for successful juvenile
delinquency prevention and intervention.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2010 through 2014.
SEC. 302. GRANTS FOR REGIONAL RESEARCH PROVEN PRACTICES PARTNERSHIPS.
(a) Grant Program Authorized.--The Administrator shall, subject to
the availability of appropriations, establish a grant program to award
grants to institutions of higher education to serve as regional
research partners with PROMISE Coordinating Councils that are located
in the same geographic region as an institution, in collaboration with
the National Research Center for Proven Juvenile Justice Practices
authorized under section 301. Regional research partners shall provide
research support to such PROMISE Coordinating Councils, including--
(1) assistance with preparing PROMISE grant applications
under title II, including collection of baseline data for such
applications;
(2) assistance with the needs and strengths assessments
conducted under section 203; and
(3) provision of support services to PROMISE grant
recipients for data collection and analysis to assess progress
under the PROMISE grant.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of the
fiscal years 2010 through 2012.
TITLE IV--YOUTH-ORIENTED POLICING SERVICES
SEC. 401. PURPOSE.
The purpose of this title is to prevent involvement by youth in,
and to divert youth from further involvement in, juvenile delinquency
and criminal street gang activity by providing funding for youth-
oriented community-based law enforcement, through coordination with
PROMISE Coordinating Councils and other community-based organizations,
to carry out evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention that are aimed at reducing--
(1) the number of youth who are victims of crime;
(2) the number of youth who lack proper education and
community-based resources, training, and support;
(3) self-destructive behaviors in youth;
(4) juvenile delinquency;
(5) criminal street gang activity; and
(6) the ``stop snitching'' culture pervasive among youth.
SEC. 402. DEFINITIONS.
In this title:
(1) Youth-oriented policing service.--The term ``youth-
oriented policing service'' means a strategic effort by a
State, local, or tribal law enforcement agency to--
(A) provide evidence-based and promising practices
related to juvenile delinquency and criminal street
gang activity prevention and intervention; and
(B) use strategies based on the SARA model, in
collaboration with community-based public and private
organizations, to reduce--
(i) the number of youth who are victims of
crime; and
(ii) the risks of juvenile delinquency and
criminal street gang activity.
(2) SARA model.--The term ``SARA model'' means a problem-
solving technique used to organize approaches to recurring
problems, which requires action with respect to a problem that
includes scanning, analysis, response, and assessment.
SEC. 403. GRANTS TO STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT AGENCIES
TO HIRE AND TRAIN YOUTH-ORIENTED POLICING OFFICERS.
(a) Hiring Grants Authorized.--Subject to the availability of
appropriations, the Director of the Office of Community Oriented
Policing Services shall award grants to State, local, and tribal law
enforcement agencies--
(1) to hire law enforcement officers as youth-oriented
police to work collaboratively with PROMISE Coordinating
Councils, other community-based organizations, and youth at
high risk of becoming involved in delinquent activities to
reduce such risks through specialized training related to--
(A) youth development;
(B) investigation of offenses committed by youth;
and
(C) the effectiveness of evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention, as compared to the effectiveness of
traditional law enforcement approaches, when dealing
with youth; and
(2) for training and capacity-building of law enforcement
agencies related to youth-oriented policing practices and
efforts, including--
(A) carrying out youth-oriented community-based
policing activities including systematic needs and
strengths assessment, coordination, technology
deployment, technical assistance, and problem solving
techniques (such as strategies based on the SARA
model); and
(B) working with PROMISE Coordinating Councils to
develop effective initiatives and practices that
promote healthy youth development and prevent
involvement by youth in, or divert further youth
involvement in, juvenile delinquency and criminal
street gang activity.
(b) Duration.--A grant awarded to a law enforcement agency under
this section shall be for a 4-year period.
(c) Maximum Grant Amount.--A grant awarded to a law enforcement
agency under this section shall not exceed $2,000,000.
(d) Priority.--In awarding grants under this section, the Director
of the Office of Community Oriented Policing Services shall give
priority to law enforcement agencies that serve designated geographic
areas that are ranked highest in the rankings of such areas determined
under section 102, and shall consider whether a law enforcement agency
serves a community for which a PROMISE Coordinating Council was
established.
SEC. 404. ESTABLISHMENT OF CENTER FOR YOUTH-ORIENTED POLICING.
(a) Grant To Establish Center for Youth-oriented Policing.--Subject
to the availability of appropriations, the Director of the Office of
Community Oriented Policing Services shall award a grant, on a
competitive basis, to an eligible organization to establish a Center
for Youth-oriented Policing to--
(1) develop a model youth-oriented policing services
training program to train representatives from State, regional,
and local law enforcement training academies to provide youth-
oriented policing services training to law enforcement
officers, which shall--
(A) be based on evidence-based and promising
practices related to juvenile delinquency and criminal
street gang activity prevention and intervention; and
(B) include training related to specialized police
services for preventing youth at who are involved in,
or who are at high risk of becoming involved in,
juvenile delinquency or criminal street gang activity;
(2) support the adoption of new technologies related to--
(A) the prioritization of risks related to juvenile
delinquency and criminal street gang activity;
(B) the safety of juveniles in custody; and
(C) the prevention of gun violence;
(3) develop, compile, and disseminate to youth-oriented
police information about evidence-based and promising practices
that are best practices for Youth-oriented Policing Services
for preventing and reducing involvement of youth in juvenile
delinquency and criminal street gang activity; and
(4) develop, compile, and disseminate to youth-oriented
police--
(A) information about the ``stop snitching''
culture pervasive in many communities in the United
States; and
(B) tactics to counter such culture.
(b) Eligible Organization.--In this section, the term ``eligible
organization'' means a nonprofit organization that has demonstrated--
(1) experience in providing training, advice, and support
to law enforcement agencies;
(2) commitment to helping youth avoid delinquency, crime,
and involvement with the juvenile and criminal justice systems;
(3) experience in providing law-abiding alternative life
styles to youth who are participating in delinquency and
criminal street gang activity, or who are involved with the
juvenile or criminal justice systems; and
(4) ability and commitment to work in partnership with
community-based organizations that provide services to reduce
juvenile delinquency and criminal street gang activity.
(c) YOPS Advisory Board.--
(1) Board established.--The Center for Youth-oriented
Policing established pursuant to subsection (a) shall establish
a Youth-oriented Policing Services Advisory Board to develop an
annual work plan for the Center (in accordance with the
conditions and requirements of the grant provided under this
section). Such Board shall meet at least once each calendar
quarter to consider reports of the Center's activities
(including progress made toward accomplishing such work plan),
and to approve continuation of or amendment to such work plan.
(2) Membership.--The membership of the Youth-oriented
Policing Services Advisory Board shall--
(A) be composed of--
(i) an appointee of the chief executive of
the Center for Youth-oriented Policing, who
shall serve in an ex-officio capacity;
(ii) an appointee of the PROMISE Advisory
Panel established pursuant to section 223(g) of
the Juvenile Justice and Delinquency Prevention
Act of 1974 (as added by section 101(b) of this
Act), who shall serve in an ex-officio
capacity; and
(iii) individuals who are selected by the
Center for Youth-oriented Policing from a list
of recommended individuals provided by the
PROMISE Advisory Panel in accordance with such
section 223(g), as follows:
(I) 8 law enforcement officers from
international, national, State, and
local law enforcement organizations;
(II) 4 juvenile justice
administrators (including judges),
including 2 administrators from the
State level and 2 administrators from
the local level;
(III) 4 representatives of
community-based organizations that
advocate for juveniles, one each from a
national, State, local, and tribal
organization; and
(IV) 4 individuals who research
juvenile crime prevention issues; and
(B) to the greatest extent possible, have a
demographic composition that represents the demographic
composition of the population of the United States.
(3) Term of membership.--Members of the Youth-oriented
Policing Services Advisory Board shall serve for 3-year
staggered terms.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$100,000,000 for each of the fiscal years 2010 through 2014, to be made
available as follows:
(1) Such sums as may be necessary in each such fiscal year
to carry out the activities of the Center for Youth-oriented
Policing established pursuant to section 404, except that such
sums shall not exceed $5,000,000 or 10 percent of the total
amount appropriated to carry out this title, whichever is less.
(2) Of the funds remaining for each such fiscal year after
sums are made available for under paragraph (1)--
(A) 80 percent shall be available to award grants
to carry out the activities in section 403(a)(1); and
(B) 20 percent shall be available to award grants
to carry out the activities in section 403(a)(2).
TITLE V--ENHANCED FEDERAL SUPPORT OF LOCAL LAW ENFORCEMENT
Subtitle A--Comprehensive Gang Prevention and Relief
SEC. 501. SHORT TITLE.
This subtitle may be cited as ``Mynisha's Law''.
SEC. 502. DESIGNATION AS A COMPREHENSIVE GANG PREVENTION AND RELIEF
AREA.
(a) In General.--Units of local government and Indian Tribes with a
PROMISE Coordinating Council (established in accordance with subtitle A
of title II of this Act) may submit an application to the Administrator
for designation as a Comprehensive Gang Prevention and Relief Area in
accordance with this section.
(b) Criteria.--
(1) In general.--The Administrator shall establish criteria
for reviewing applications submitted under subsection (a) and
for evaluating and selecting areas for designation as
Comprehensive Gang Prevention and Relief Areas.
(2) Considerations.--In establishing criteria under
subsection (a) and evaluating an application for designation as
a Comprehensive Gang Prevention and Relief Area, the
Administrator shall consider--
(A) the current and predicted levels of gang crime
activity in the area, based on the information
collected and analyzed under section 102;
(B) the extent to which violent crime in the area
appears to be related to criminal gang activity;
(C) the extent to which the area is implementing a
PROMISE Plan, or is otherwise already engaged in local
or regional collaboration regarding, and coordination
of, gang prevention activities; and
(D) such other criteria as the Administrator
determines to be appropriate.
SEC. 503. INTERAGENCY GANG PREVENTION TASK FORCE.
(a) In General.--In order to coordinate Federal assistance to
Comprehensive Gang Prevention and Relief Areas, the Administrator shall
establish an Interagency Gang Prevention Task Force (in this subtitle
referred to as the ``Task Force''), consisting of a representative
from--
(1) the Department of Justice;
(2) the Department of Education;
(3) the Department of Labor;
(4) the Department of Health and Human Services; and
(5) the Department of Housing and Urban Development.
(b) Coordination.--For each Comprehensive Gang Prevention and
Relief Area designated by the Administrator under section 502, the Task
Force shall--
(1) coordinate the activities of the Federal Government to
create a comprehensive gang prevention response, focusing on
youth through early childhood intervention, at-risk youth
intervention, literacy, employment, community policing, and
comprehensive community-based programs such as Weed and Seed,
Operation Cease Fire, and Homeboy Industries; and
(2) coordinate such comprehensive gang prevention response
with local and regional gang prevention efforts, including
PROMISE Coordinating Councils and PROMISE Plans (where such
Plans are established).
(c) Programs.--The Task Force shall prioritize the needs of
Comprehensive Gang Prevention and Relief Areas for funding under--
(1) the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.);
(2) the Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6381 et seq.);
(3) the Healthy Start Initiative under section 330H of the
Public Health Services Act (42 U.S.C. 254c-8);
(4) the Head Start Act (42 U.S.C. 9831 et seq.);
(5) the 21st Century Community Learning Centers program
under part B of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7171 et seq.);
(6) the Job Corps program under subtitle C of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
(7) the community development block grant program under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.);
(8) the Gang Resistance Education and Training projects
under subtitle X of title III of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13921);
(9) any program administered by the Office of Community
Oriented Policing Services;
(10) the Juvenile Accountability Block Grant program under
part R of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee et seq.);
(11) the Edward Byrne Memorial Justice Assistance Grant
Program under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.); and
(12) any other program that the Task Force determines to be
appropriate.
(d) Reporting Requirements.--
(1) In general.--Not later than February 1 of each year,
the Task Force shall submit to Congress and the Administrator a
report on the funding needs and programmatic outcomes for each
area designated as a Comprehensive Gang Prevention and Relief
Area.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) an evidence-based analysis of the best
practices and outcomes among the areas designated as
Comprehensive Gang Prevention and Relief Areas; and
(B) an analysis of the adequacy of Federal funding
to meet the needs of each area designated as a
Comprehensive Gang Prevention and Relief Area and, if
the Task Force identifies any programmatic shortfalls
in addressing gang prevention, a request for new
funding or reprogramming of existing funds to meet such
shortfalls.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subtitle, including any
needs identified by the Task Force as necessary to carry out this
subtitle.
Subtitle B--Community and Police Collaboration
SEC. 511. GANG PREVENTION GRANTS.
(a) Authority To Make Grants.--The Office of Community Oriented
Policing Services of the Department of Justice may make grants, in
accordance with such rules and regulations as the Director may
prescribe, to units of local government and Indian Tribes with a
PROMISE Coordinating Council (established in accordance with subtitle A
of title II of this Act) to enable such PROMISE Coordinating Council to
develop community-based programs that provide crime prevention,
research, and intervention services that are designed to prevent
violence and gang involvement by youthful offenders and at-risk youth.
(b) Use of Grant Amounts.--A grant under this section may be used
(including through subgrants) for--
(1) preventing initial gang recruitment and involvement
among younger teenagers;
(2) preventing violence and gang involvement through
nonviolent and constructive activities, such as community
service programs, development of nonviolent conflict resolution
skills, restorative justice programs, employment and legal
assistance, family counseling, and other safe, community-based
alternatives for crime-involved or high-risk youth;
(3) developing in-school and after-school gang safety,
control, education, and resistance procedures and programs;
(4) identifying (and disaggregating by race, ethnicity, and
gender, where applicable) and addressing early childhood risk
factors for violence and gang involvement, including parent
training and childhood skills development;
(5) identifying (and disaggregating by race, ethnicity, and
gender, where applicable) and fostering protective factors that
buffer children and adolescents from violence, crime, and gang
involvement;
(6) developing and identifying investigative programs
designed to deter gang recruitment, involvement, and activities
through effective intelligence gathering;
(7) developing programs and youth centers for first-time,
non-violent offenders facing alternative penalties, such as
mandated participation in community service, restitution,
mentoring, counseling, job training, and education and
prevention programs;
(8) implementing multidisciplinary approaches to combat
youth violence and gang involvement through coordinated
programs operated by law enforcement and other public, private,
and faith-based community organizations for prevention and
intervention (including street outreach programs and other
peacemaking activities) or coordinated law enforcement
activities (including crime mapping strategies that enhance
focused crime prevention, intervention, and reintegration
strategies for offender reentry); or
(9) identifying at-risk and high-risk students through home
visits organized through joint collaborations between law
enforcement, faith-based organizations, schools, health and
mental health providers, other community based organizations,
and social workers.
(c) Maximum Grant.--The amount of a grant under this section may
not exceed $1,000,000.
(d) Annual Report.--Each recipient of a grant under this section
shall submit to the Director, for each year in which funds from a grant
received under this section are expended, a report containing--
(1) a summary of the activities carried out with grant
funds during that year;
(2) an assessment of the effectiveness of the crime
prevention, research, and intervention activities of the
recipient, based on data collected by the grant recipient;
(3) a strategic plan for the year following the year
described in paragraph (1);
(4) evidence of consultation and cooperation with local,
State, or Federal law enforcement or, if the grant recipient is
a government entity, evidence of consultation with an
organization engaged in any activity described in subsection
(b); and
(5) such other information as the Director may require.
(e) Definition.--In this section, the term ``units of local
government'' includes sheriffs' departments, police departments, and
local prosecutor offices.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $35,000,000 for each of the
fiscal years 2010 through 2014.
Subtitle C--City Youth Violence Recovery
SEC. 521. GRANTS TO PREVENT OR ALLEVIATE THE EFFECTS OF YOUTH VIOLENCE.
(a) Grants.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may award grants to eligible
entities to prevent or alleviate the effects of youth violence in
eligible urban communities by providing violence-prevention education,
mentoring, counseling, and mental health services to children and
adolescents in such communities.
(b) Priority.--In awarding grants under this section, the Attorney
General shall give priority to applicants that agree to use the grant
in one or more eligible urban communities that lack the monetary or
other resources to address youth violence.
(c) Limitation.--The Attorney General may not make a grant to an
eligible entity under this section unless the entity agrees to use not
more than 15 percent of the funds provided through the grant for
violence-prevention education.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means a partnership
between a State mental health authority and one or more local
public or private providers, such as a local agency, State
agency, educational institution, or nonprofit or for-profit
organization.
(2) The term ``eligible urban community'' means an urban
community with a high or increasing incidence of youth
violence.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2010 through 2014.
TITLE VI--PRECAUTION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Prevention Resources for
Eliminating Criminal Activity Using Tailored Interventions in Our
Neighborhoods Act of 2009'', or the ``PRECAUTION Act of 2009''.
SEC. 602. PURPOSES.
The purposes of this title are to--
(1) establish a commitment on the part of the Federal
Government to provide leadership on effective and culturally-
appropriate crime prevention and intervention strategies,
including strategies that are responsive to gender-specific
needs;
(2) further the integration of crime prevention and
intervention strategies into traditional law enforcement
practices of State and local law enforcement offices around the
country;
(3) develop a plain-language, implementation-focused
assessment of those current crime and delinquency prevention
and intervention strategies that are supported by rigorous
evidence;
(4) provide additional resources to the National Institute
of Justice to administer research and development grants for
promising crime prevention and intervention strategies;
(5) develop recommendations for Federal priorities for
crime and delinquency prevention and intervention research,
development, and funding that may augment important Federal
grant programs, including the Edward Byrne Memorial Justice
Assistance Grant Program under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), grant programs administered by the Office
of Community Oriented Policing Services of the Department of
Justice, grant programs administered by the Office of Safe and
Drug-Free Schools of the Department of Education, and other
similar programs; and
(6) reduce the costs that rising violent crime imposes on
interstate commerce.
SEC. 603. DEFINITIONS.
In this title, the following definitions shall apply:
(1) Commission.--The term ``Commission'' means the National
Commission on Public Safety Through Crime Prevention
established under section 604(a).
(2) Rigorous evidence.--The term ``rigorous evidence''
means evidence generated by scientifically valid forms of
outcome evaluation, particularly randomized trials (where
practicable).
(3) Subcategory.--The term ``subcategory'' means 1 of the
following categories:
(A) Family and community settings (including public
health-based strategies).
(B) Law enforcement settings (including probation-
based strategies).
(C) School settings (including anti-gang and
general anti-violence strategies).
(4) Top-tier.--The term ``top-tier'' means any strategy
supported by rigorous evidence of the sizable, sustained
benefits to participants in the strategy or to society.
SEC. 604. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME AND
DELINQUENCY PREVENTION.
(a) Establishment.--There is established a commission to be known
as the National Commission on Public Safety Through Crime and
Delinquency Prevention.
(b) Members.--
(1) In general.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the
House of Representatives, unless the Speaker is of the
same party as the President, in which case 1 shall be
appointed by the Speaker of the House of
Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of
the House of Representatives (in addition to any
appointment made under subparagraph (B));
(D) 2 shall be appointed by the majority leader of
the Senate, unless the majority leader is of the same
party as the President, in which case 1 shall be
appointed by the majority leader of the Senate and 1
shall be appointed by the minority leader of the
Senate; and
(E) 1 member appointed by the minority leader of
the Senate (in addition to any appointment made under
subparagraph (D)).
(2) Persons eligible.--
(A) In general.--Each member of the Commission
shall be an individual who has knowledge or expertise
in matters to be studied by the Commission.
(B) Required representatives.--At least--
(i) 2 members of the Commission shall be
social scientists with experience implementing
or interpreting rigorous, outcome-based trials;
(ii) 2 members of the Commission shall be
law enforcement practitioners; and
(iii) 2 members of the Commission shall be
youth delinquency prevention or intervention
practitioners.
(3) Consultation required.--The President, the Speaker of
the House of Representatives, the minority leader of the House
of Representatives, and the majority leader and minority leader
of the Senate shall consult prior to the appointment of the
members of the Commission to achieve, to the maximum extent
possible, fair and equitable representation of various points
of view with respect to the matters to be studied by the
Commission.
(4) Term.--Each member shall be appointed for the life of
the Commission.
(5) Time for initial appointments.--The appointment of the
members shall be made not later than 60 days after the date of
enactment of this Act.
(6) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made, and
shall be made not later than 60 days after the date on which
the vacancy occurred.
(c) Operation.--
(1) Chairperson.--At the initial meeting of the Commission,
the members of the Commission shall elect a chairperson from
among its voting members, by a vote of \2/3\ of the members of
the Commission. The chairperson shall retain this position for
the life of the Commission. If the chairperson leaves the
Commission, a new chairperson shall be selected, by a vote of
\2/3\ of the members of the Commission.
(2) Meetings.--The Commission shall meet at the call of the
chairperson. The initial meeting of the Commission shall take
place not later than 30 days after the date on which all the
members of the Commission have been appointed.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, and the
Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission.
(4) Rules.--The Commission may establish by majority vote
any other rules for the conduct of Commission business, if such
rules are not inconsistent with this title or other applicable
law.
(d) Public Hearings.--
(1) In general.--The Commission shall hold public hearings.
The Commission may hold such hearings, sit and act at such
times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its
duties under this section.
(2) Focus of hearings.--The Commission shall hold at least
3 separate public hearings, each of which shall focus on 1 of
the subcategories.
(3) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
The per diem and mileage allowances for witnesses shall be paid
from funds appropriated to the Commission.
(e) Comprehensive Study of Evidence-based Crime and Delinquency
Prevention and Intervention Strategies.--
(1) In general.--The Commission shall carry out a
comprehensive study of the effectiveness of crime and
delinquency prevention and intervention strategies, organized
around the 3 subcategories.
(2) Matters included.--The study under paragraph (1) shall
include--
(A) a review of research on the general
effectiveness of incorporating crime and delinquency
prevention and intervention strategies into an overall
law enforcement plan;
(B) an evaluation of how to more effectively
communicate the wealth of social science research to
practitioners;
(C) a review of evidence regarding the
effectiveness of specific crime prevention and
intervention strategies, focusing on those strategies
supported by rigorous evidence;
(D) an identification of--
(i) promising areas for further research
and development; and
(ii) other areas representing gaps in the
body of knowledge that would benefit from
additional research and development;
(E) an assessment of the best practices for
implementing prevention and intervention strategies;
(F) an assessment of the best practices for
gathering rigorous evidence regarding the
implementation of intervention and prevention
strategies; and
(G) an assessment of those top-tier strategies best
suited for duplication efforts in a range of settings
across the country.
(3) Initial report on top-tier crime and delinquency
prevention and intervention strategies.--
(A) Distribution.--Not later than 18 months after
the date on which all members of the Commission have
been appointed, the Commission shall submit a public
report on the study carried out under this subsection
to--
(i) the President;
(ii) Congress;
(iii) the Attorney General;
(iv) the Chief Federal Public Defender of
each district;
(v) the chief executive of each State;
(vi) the Director of the Administrative
Office of the Courts of each State;
(vii) the Director of the Administrative
Office of the United States Courts; and
(viii) the attorney general of each State.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) the findings and conclusions of the
Commission;
(ii) a summary of the top-tier strategies,
including--
(I) a review of the rigorous
evidence supporting the designation of
each strategy as top-tier;
(II) a brief outline of the keys to
successful implementation for each
strategy; and
(III) a list of references and
other information on where further
information on each strategy can be
found;
(iii) recommended protocols for
implementing crime and delinquency prevention
and intervention strategies generally;
(iv) recommended protocols for evaluating
the effectiveness of crime and delinquency
prevention and intervention strategies; and
(v) a summary of the materials relied upon
by the Commission in preparation of the report.
(C) Consultation with outside authorities.--In
developing the recommended protocols for implementation
and rigorous evaluation of top-tier crime and
delinquency prevention and intervention strategies
under this paragraph, the Commission shall consult with
the Committee on Law and Justice at the National
Academy of Science and with national associations
representing the law enforcement, social science, and
juvenile justice professions, including the National
Sheriffs' Association, the Police Executive Research
Forum, the International Association of Chiefs of
Police, the Consortium of Social Science Associations,
and the American Society of Criminology.
(f) Recommendations Regarding Dissemination of the Innovative Crime
and Delinquency Prevention and Intervention Strategy Grants.--
(1) Submission.--
(A) In general.--Not later than 30 days after the
date of the final hearing under subsection (d) relating
to a subcategory, the Commission shall provide the
Director of the National Institute of Justice with
recommendations on qualifying considerations relating
to that subcategory for selecting grant recipients
under section 605.
(B) Deadline.--Not later than 13 months after the
date on which all members of the Commission have been
appointed, the Commission shall provide all
recommendations required under this subsection.
(2) Matters included.--The recommendations provided under
paragraph (1) shall include recommendations relating to--
(A) the types of strategies for the applicable
subcategory that would best benefit from additional
research and development;
(B) any geographic or demographic targets;
(C) the types of partnerships with other public or
private entities that might be pertinent and
prioritized; and
(D) any classes of crime and delinquency prevention
and intervention strategies that should not be given
priority because of a pre-existing base of knowledge
that would benefit less from additional research and
development.
(g) Final Report on the Results of the Innovative Crime and
Delinquency Prevention and Intervention Strategy Grants.--
(1) In general.--Following the close of the 3-year
implementation period for each grant recipient under section
605, the Commission shall collect the results of the study of
the effectiveness of that grant under section 605(b)(3) and
shall submit a public report to the President, the Attorney
General, Congress, the chief executive of each State, and the
attorney general of each State describing each strategy funded
under section 605 and its results. This report shall be
submitted not later than 5 years after the date of the
selection of the chairperson of the Commission.
(2) Collection of information and evidence regarding grant
recipients.--The Commission's collection of information and
evidence regarding each grant recipient under section 605 shall
be carried out by--
(A) ongoing communications with the National
Institute of Justice;
(B) a review of the data generated by the study
monitoring the effectiveness of the strategy; and
(C) other means as necessary.
(3) Matters included.--The report submitted under paragraph
(1) shall include a review of each strategy carried out with a
grant under section 605, detailing--
(A) the type of crime or delinquency prevention or
intervention strategy;
(B) where the activities under the strategy were
carried out, including geographic and demographic
targets;
(C) any partnerships with public or private
entities through the course of the grant period;
(D) the type and design of the effectiveness study
conducted under section 605(b)(3) for that strategy;
(E) the results of the effectiveness study
conducted under section 605(b)(3) for that strategy;
(F) lessons learned regarding implementation of
that strategy or of the effectiveness study conducted
under section 605(b)(3), including recommendations
regarding which types of environments might best be
suited for successful replication; and
(G) recommendations regarding the need for further
research and development of the strategy.
(h) Personnel Matters.--
(1) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service for the Commission.
(2) Compensation of members.--Members of the Commission
shall serve without compensation.
(3) Staff.--
(A) In general.--The chairperson of the Commission
may, without regard to the civil service laws, rules,
and regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(B) Compensation.--The chairperson of the
Commission may fix the compensation of the executive
director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under
section 5316 of such title.
(4) Detail of federal employees.--With the affirmative vote
of \2/3\ of the members of the Commission, any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status, benefits, or
privileges.
(i) Contracts for Research.--
(1) National institute of justice.--With a \2/3\
affirmative vote of the members of the Commission, the
Commission may select nongovernmental researchers and experts
to assist the Commission in carrying out its duties under this
title. The National Institute of Justice may contract with the
researchers and experts selected by the Commission to provide
funding in exchange for their services.
(2) Other organizations.--Nothing in this subsection shall
be construed to limit the ability of the Commission to enter
into contracts with other entities or organizations for
research necessary to carry out the duties of the Commission
under this section.
(j) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to carry out this section.
(k) Termination.--The Commission shall terminate on the date that
is 30 days after the date on which the Commission submits the last
report required by this section.
SEC. 605. INNOVATIVE CRIME AND DELINQUENCY PREVENTION AND INTERVENTION
STRATEGY GRANTS.
(a) Grants Authorized.--The Director of the National Institute of
Justice may make grants to public and private entities to fund the
implementation and evaluation of innovative crime or delinquency
prevention or intervention strategies. The purpose of grants under this
section shall be to provide funds for all expenses related to the
implementation of such a strategy and to conduct a rigorous study on
the effectiveness of that strategy.
(b) Grant Distribution.--
(1) Period.--A grant under this section shall be made for a
period of not more than 3 years.
(2) Amount.--The amount of each grant under this section--
(A) shall be sufficient to ensure that rigorous
evaluations may be performed; and
(B) shall not exceed $2,000,000.
(3) Evaluation set-aside.--
(A) In general.--A grantee shall use not less than
$300,000 and not more than $700,000 of the funds from a
grant under this section for a rigorous study of the
effectiveness of the strategy during the 3-year period
of the grant for that strategy, including outcome
measures disaggregated by race, ethnicity, and gender.
(B) Methodology of study.--Each study conducted
under subparagraph (A) shall use an evaluator and a
study design approved by the National Institute of
Justice. Approval of such an evaluator and study design
shall be required before a grant is awarded to an
entity under this section.
(4) Date of award.--Not later than 6 months after the date
of receiving recommendations relating to a subcategory from the
Commission under section 604(f), the Director of the National
Institute of Justice shall award all grants under this section
relating to that subcategory.
(5) Type of grants.--One-third of the grants made under
this section shall be made in each subcategory. In distributing
grants, the recommendations of the Commission under section
604(f) shall be considered.
(6) Authorization of appropriations.--There are authorized
to be appropriated $18,000,000 to carry out this subsection.
(c) Applications.--A public or private entity desiring a grant
under this section shall submit an application at such time, in such
manner, and accompanied by such information as the Director of the
National Institute of Justice may reasonably require.
TITLE VII--ADDITIONAL IMPROVEMENTS TO JUVENILE JUSTICE
SEC. 701. YOUTH VICTIM AND WITNESS ASSISTANCE PROGRAM.
(a) In General.--Section 31702(5) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13862(5)) is amended by
inserting ``, including juvenile witness and victim protection
programs,'' after ``victim protection programs''.
(b) Authorization of Appropriations.--Section 31707 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is
amended to read as follows:
``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $5,000,000 for each of
the fiscal years 2010 through 2014 to carry out this subtitle.''.
SEC. 702. EXPANSION AND REAUTHORIZATION OF THE MENTORING INITIATIVE FOR
SYSTEM-INVOLVED YOUTH.
(a) Expansion.--Section 261(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by
adding at the end the following: ``Within 6 months of the date of
enactment of the Youth PROMISE Act, the Administrator shall expand the
number of sites receiving such grants from 4 to 12.''.
(b) Authorization of Program.--Section 299(c) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(c)) is
amended--
(1) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(2) by adding at the end the following:
``(2) Authorization of appropriations for mentoring
initiative.--There are authorized to be appropriated to carry
out the Mentoring Initiative for System-Involved Youth Program
under part E $4,800,000 for each of fiscal years 2010 through
2014.''.
SEC. 703. STUDY ON ADOLESCENT DEVELOPMENT AND SENTENCES IN THE FEDERAL
SYSTEM.
(a) In General.--The United States Sentencing Commission shall
conduct a study to examine the appropriateness of sentences for minors
in the Federal system.
(b) Contents.--The study conducted under subsection (a) shall--
(1) incorporate the most recent research and expertise in
the field of adolescent brain development and culpability;
(2) evaluate the toll of juvenile crime, particularly
violent juvenile crime, on communities;
(3) consider the appropriateness of life sentences without
possibility for parole for minor offenders in the Federal
system; and
(4) evaluate issues of recidivism by juveniles who are
released from prison or detention after serving determinate
sentences.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the United States Sentencing Commission shall submit to
Congress a report regarding the study conducted under subsection (a),
which shall--
(1) include the findings of the Commission;
(2) describe significant cases reviewed as part of the
study; and
(3) make recommendations, if any.
(d) Revision of Guidelines.--If determined appropriate by the
United States Sentencing Commission after completing the study under
subsection (a), the Commission may, pursuant to its authority under
section 994 of title 28, United States Code, establish or revise
guidelines and policy statements, as warranted, relating to the
sentencing of minors.
SEC. 704. PARTNERSHIPS WITH PROFESSIONAL ATHLETIC LEAGUES.
(a) In General.--The Attorney General may establish a program to
provide for a youth initiative to end youth violence and other youth
crime in collaboration with professional sports leagues and players in
the United States, which may include the National Football League,
National Basketball Association, Major League Baseball, Major League
Soccer, and other professional sports organizations.
(b) Study.--
(1) In general.--To the extent that the program under
subsection (a) is established, not later than 1 year after the
date of the enactment of this Act, the Attorney General shall
conduct a study of the potential for reducing youth violence
and other youth crime through collaborations with professional
sports organizations and players in the United States, such as
the National Football League, National Basketball Association,
Major League Baseball, and Major League Soccer.
(2) Contents.--The study conducted under paragraph (1)
shall--
(A) identify and describe all efforts undertaken by
professional sports organizations and players in the
United States to reduce youth crime; and
(B) include a description of the progress of these
efforts in achieving the goal of reducing youth
violence and other youth crime.
(c) Report.--In the case a study is conducted under subsection (b),
not later than 1 year after the date of the enactment of this Act, the
Attorney General shall submit to Congress a report on such study, which
shall--
(1) include the findings of the Attorney General;
(2) describe significant programs reviewed as part of the
study; and
(3) make recommendations, if any.
Purpose and Summary
H.R. 1064, the Youth Prison Reduction through Opportunity,
Mentoring, Intervention, Support and Education Act (``Youth
PROMISE Act'') is designed to prevent youth violence,
delinquency, and street gang crime, and to redirect youth
already involved in the juvenile or criminal justice systems
toward law-abiding and productive lives.
H.R. 1064 will provide Federal support for evidence-based
and promising programs\1\ that work to prevent the involvement
of at-risk youth in juvenile delinquency or criminal street
gang activity, and that provide positive alternatives for youth
who have become involved in juvenile delinquency or criminal
street gang activity. Rejecting ``one size fits all''
approaches that funnel more youth into the juvenile and
criminal justice systems, the Youth PROMISE Act supports
evidence-based and promising local community efforts to prevent
youth from entering the justice system in the first place.
---------------------------------------------------------------------------
\1\The terms ``evidence-based'' and ``promising'' are widely used
in the research relating to crime prevention and intervention
strategies. Both terms are defined in the bill. In general, an
evidence-based strategy or practice has shown statistically significant
juvenile delinquency and criminal street gang activity reduction
outcomes based on experimental trial, in which participants are
randomly chosen, or quasi-experimental trial, in which participants are
compared to a control group. A promising strategy is one that is not
yet evidence-based, but that has been demonstrated to reduce juvenile
delinquency and criminal street gang activity, and for which a study is
being conducted to determine if it is evidence-based.
---------------------------------------------------------------------------
Under the Youth PROMISE Act, communities facing the
greatest youth gang and crime challenges come together and form
a local PROMISE Coordinating Council. This council consists of
stakeholders within the juvenile and criminal justice systems,
including law enforcement leaders and practitioners, educators
and representatives from the school system, community-based and
social service organizations, faith-based organizations, health
and mental health providers, court services, prosecutors and
public defenders, and housing officials. Once formed, the
council is charged with developing a comprehensive plan for
implementing evidence-based and promising prevention and
intervention strategies. These strategies are geared toward
young people who are at risk of becoming involved in, or who
are already involved in, gangs or the criminal justice system,
and operate to redirect youth toward productive and law-abiding
alternatives.
The Youth PROMISE Act also promotes effective law
enforcement techniques through Youth Oriented Policing Services
(``YOPS''). YOPS provides training, hiring and support for
officers to implement strategic and age-appropriate community-
based activities that are designed to minimize youth crime and
victimization and reduce the long-term involvement of youth in
the juvenile and criminal justice systems. The Act also
provides for thorough evaluation and analysis of the reductions
in incarceration and criminal justice costs and other financial
savings resulting from the investment in prevention and
intervention.\2\
---------------------------------------------------------------------------
\2\Extensive background information relating to the bill is
available at
http://www.bobbyscott.house.gov/ypa.
---------------------------------------------------------------------------
Background and Need for the Legislation
The problems of youth violence and gang crime have taken a
toll on communities throughout the country. The impact is
particularly felt by residents of our most distressed and
impoverished communities. Such crime forces families to live in
fear, and destroys the lives of many young people.
National experts in a variety of fields have called on
Congress to adopt legislation to prevent and address the issues
of gangs and youth violence. Extensive research on youth
violence, child development, and education reveals that
evidence-based and promising education and community-based
prevention and intervention strategies can prevent and curtail
youth crime, and redirect young people away from gang
involvement toward productive participation in society.\3\
---------------------------------------------------------------------------
\3\See generally, the Annie E. Casey Foundation, A Road Map for
Juvenile Justice Reform (cataloguing research and best practices of
``what works'' in juvenile justice reform):
http://www.aecf.org//media/PublicationFiles/
AEC180essay_booklet_MECH.pdf.
---------------------------------------------------------------------------
Experts around the country have argued that to prevent and
reduce violent crime, policymakers must support community-based
strategies that can reach all young people, especially those
who are disconnected from school, work, and family, and those
who are from distressed and impoverished neighborhoods.\4\
These researchers and experts have developed a substantial body
of knowledge that further establishes that such strategies can
prevent violence and crime in a cost-effective manner.\5\
---------------------------------------------------------------------------
\4\See, e.g., New Evidence on the Monetary Value of Saving a High
Risk Youth, Mark A. Cohen, Vanderbilt University and University of York
(U.K.) and Alex R. Piquero, John Jay College of Criminal Justice & City
University of New York Graduate Center, December 2007.
\5\Id.
---------------------------------------------------------------------------
BACKGROUND
Despite the wealth of research on the effectiveness of
evidence-based and promising prevention and intervention
strategies in preventing and reducing crime, for decades we
have moved away from prevention techniques as too many elected
officials simply supported ``tough on crime'' punitive policies
that translated into expanded police and prosecutorial power.
This punitive approach generally yields more arrests, more
trials, and more incarceration, but without reducing crime
commensurately.\6\
---------------------------------------------------------------------------
\6\See Charles Hamilton Houston Institute for Race and Justice, No
More Children Left Behind Bars, available at: http://
chhi.podconsulting.com/assets/documents/publications/NO MORE CHILDREN
LEFT BEHIND.pdf (concluding ``Incarceration is a spectacularly
unsuccessful treatment.'').
---------------------------------------------------------------------------
Furthermore, notwithstanding the political appeal of such
``tough on crime'' policies, research demonstrates that
choosing enforcement over prevention produces flawed and costly
policies that often inflict incalculable harm on the very
communities the policies are intended to protect.\7\
---------------------------------------------------------------------------
\7\Id.
---------------------------------------------------------------------------
Today in the United States, far too many of our poorer,
urban communities have staggeringly low high school graduation
rates, especially for male students of color. At the same time,
our nation records the highest incarceration rate in the world.
There are now 2.3 million people behind bars in the United
States.\8\ Incarceration rates are even higher from poor
communities and communities of color.\9\ The Children's Defense
Fund estimates that one in every three Black males born in 2001
will end up incarcerated at some point in his lifetime, without
appropriate intervention. The problem is so severe, the
Children's Defense Fund has launched an entire campaign to
fight what it refers to as the problem of the ``Cradle to
Prison Pipeline.''\10\
---------------------------------------------------------------------------
\8\US Department of Justice, Bureau of Justice Statistics, 2009.
See also One in 100: Behind Bars in America, Pew Center on the States,
2008, available at http://www.pewcenteronthestates.org/uploadedFiles/
8015PCTS_Prison08_FINA L_2-1-1_FORWEB.
pdf.
\9\Id.
\10\See generally http://www.childrensdefense.org/helping-americas-
children/cradle-to-prison-pipeline-campaign/.
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The social and economic costs to the nation of such high
incarceration rates are overwhelming.\11\ According to some
estimates, we spend 55 billion dollars annually on
incarceration in the United States.\12\ In contrast, preventing
young people from joining gangs in the first place is projected
to save millions of dollars that are currently spent to arrest,
convict, and imprison them as lawbreakers later.
---------------------------------------------------------------------------
\11\See Pew Center on the States, http://
www.pewcenteronthestates.org/uploadedFiles/
PSPP_1in31_report_FINAL_WEB_3-26-09.pdf.
\12\Pew Center on the States, One in 100: Behind Bars in America
2008, http://www.pewcenteronthestates.org/uploadedFiles/
8015PCTS_Prison08_FINAL_2-1-1_FORWEB.
pdf.
---------------------------------------------------------------------------
The overly-punitive criminal justice approach in this
country has contributed to widening racial and ethnic
disparities in our juvenile and criminal justice systems. It is
stunningly expensive, and it doesn't work. Significant evidence
demonstrates that more incarceration will not solve the
problem.\13\ Indeed, law enforcement officials around the
country emphasize that we ``cannot arrest our way out of the
problem'' of youth gang crime.\14\ Law enforcement experts have
also indicated that there are sufficient Federal sanctions to
prosecute gang crime and exact severe penalties; the Racketeer
Influenced and Corrupt Organizations Act (RICO) is a prime
example.\15\ Rather than calling for additional or duplicative
sanctions, law enforcement officers have urged Congress to
provide support for programs in local communities to prevent
problems from occurring in the first place.
---------------------------------------------------------------------------
\13\See note 18, infra.
\14\Willam J. Bratton, Chief of the Los Angeles Police Department,
emphasized this point on June 11, 2009 in his testimony before the
Senate Judiciary Committee, Subcommittee on Crime and Drugs, hearing
``Exploring the National Criminal Justice Commission Act of 2009.''
\15\In Boyle v. United States, 556 U.S. 18 (2009), the United
States Supreme Court adopted a more expansive interpretation of the
scope of the Racketeer Influenced and Corrupt Organizations Act, making
it easier to apply RICO to informal ``Association-in-Fact
Enterprises.'' The Court held that prosecutors and civil plaintiffs can
use the statute to pursue an ``association-in-fact enterprise'' without
needing proof that it has a structure separate from that inherent in
the pattern of racketeering activity in which it engaged.
---------------------------------------------------------------------------
On February 15, 2007, in a hearing before the House
Judiciary Committee's Subcommittee on Crime, Terrorism and
Homeland Security, ``Making Communities Safer: Youth Violence
and Gang Interventions that Work,'' Paul Logli, then Chairman
of the National District Attorneys Association, testified
regarding how he and other prosecutors endeavor to make
charging decisions and sentencing recommendations taking into
account the accused's potential to turn his or her life around:
What helps us make those decisions is if we have
available to us programs . . . that give us
alternatives, that show us that this person can be put
in that anti-truancy program, if we can work with that
family to get that person to go to school and to learn
how to read and write, and how to develop job skills so
that they can get a job. The most important thing for
many of these people is to have a job so they can
support a family and make their mortgage payments.
But if we don't have programs that can bring them
there, then my job is much tougher. . . . I don't need
any more laws. I've got all the criminal laws I need in
the State of Illinois. I don't need any more sanctions.
The sentences are plenty tough. I have got all the
discretion I need.
What I need is . . . programs on the street that have
staying power and that have credibility and that will
work with people, that I can refer people to. Because
what I do have is the hammer. I have the coercion that
might just make that person stick to a program, whether
you call it pulling levers or anything else. We make
that decision, whether they're worth working with or it
is just time to warehouse them. And that is a real loss
to society.\16\
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\16\Making Communities Safer: Youth Violence and Gang Interventions
That Work: Hearing Before the Subcomm. on Crime, Terrorism, and
Homeland Security of the H. Comm. on the Judiciary, 110th Cong. 81
(2007).
The U.S. Department of Justice's National Criminal Justice
Reference Service has also found incarceration does little to
disrupt the violent activities of gang-affiliated inmates.
Research reveals that prisons and detention centers can in fact
strengthen gang affiliations and become a breeding ground for
potential gang activity.\17\ Insofar as youth in the community
form gangs for protection and family-like relationships,
incarcerated youth have an even greater need for protection.
---------------------------------------------------------------------------
\17\See Judith Greene and Kevin Pranis, Gang Wars: The Failure of
Enforcement Tactics and the Need for Effective Public Safety
Strategies, Justice Policy Institute 2007
http://www.justicepolicy.org/content-hmID=1811&smID=1581&ssmID=22.htm.
---------------------------------------------------------------------------
Despite the overwhelming evidence that incarceration is
counterproductive, the continued implementation of punitive
criminal justice policies in this country has increased
incarceration rates, disproportionately impacting poor youth
and youth of color. Moreover, these policies exacerbate the
problem of gang-related crime, funnel into the justice system a
disproportionate number of youth who have a cognizable mental
health and/or substance abuse disorder, and make communities
less safe.\18\
---------------------------------------------------------------------------
\18\See generally, Charles Hamilton Houston Institute for Race and
Justice, No More Children Left Behind Bars, http://
chhi.podconsulting.com/assets/documents/publications/NO MORE CHILDREN
LEFT BEHIND.pdf. A number of other organizations have commissioned or
conducted related research reaching similar conclusions, including the
American Psychological Association, the Washington State Institute for
Public Policy, the Social Development Research Group of Seattle,
Washington, the Justice Policy Institute, the National Council on Crime
and Delinquency, and the Department of Justice, Office of Juvenile
Justice and Delinquency Prevention.
---------------------------------------------------------------------------
Evidence shows that it is entirely feasible to move
children away from a ``cradle to prison pipeline'' and onto a
positive and productive life trajectory.\19\ Extensive research
indicates that a continuum of evidenced-based and promising
prevention programs for youth identified as being at risk of
involvement in delinquent behavior, as well as intervention for
those already involved, will greatly reduce crime and decrease
criminal justice and social welfare expenditures.\20\ Experts
also note these programs are most effective for at-risk youth
when provided in the context of a coordinated, collaborative
local strategy involving law enforcement and other local public
and private entities.
---------------------------------------------------------------------------
\19\See Smart on Crime: Recommendations for the Next Administration
and Congress, Juvenile Justice Reforms Chapter, available at http://
2009transition.org/criminaljustice/index.php?
option=com_content&view=article&id=24&Itemid=21.
\20\Id.
---------------------------------------------------------------------------
EFFECTUATING THE RECOMMENDATIONS OF CRIMINAL JUSTICE AND LAW
ENFORCEMENT EXPERTS
H.R. 1064 is consistent with the recommendations of
juvenile and criminal justice and law enforcement experts from
around the country.
On June 21 and 22, 2007, Representative Robert C. ``Bobby''
Scott (D-VA), Chairman of the Subcommittee on Crime, Terrorism
and Homeland Security, hosted a National Crime Policy Summit to
examine the causes of and solutions to violent crime in the
United States. More than 50 crime policy makers, researchers,
practitioners, analysts, and law enforcement officials from
across the political spectrum gathered to discuss evidence-
based and other promising strategies to prevent and reduce gang
violence and crime.
These experts agreed that a sustained investment in
prevention and intervention is essential to addressing the
problems of youth violence and criminal street gangs, and
constitutes smart crime policy.\21\ Research reveals that given
a strong support structure, and effective prevention and
intervention services, most young people ``age out'' or desist
from delinquency and crime when they reach adulthood. For
example, a report of the U.S. Department of Justice indicates
that ``gang-membership tends to be short-lived, even among
high-risk youth . . . with very few youth remaining gang
members throughout their adolescent years.''\22\
---------------------------------------------------------------------------
\21\See Smart on Crime: Recommendations for the Next Administration
and Congress, Juvenile Justice Reforms Chapter, available at http://
2009transition.org/criminaljustice/index.php?
option=com_content&view=article&id=24&Itemid=21.
\22\Juvenile Offenders and Victims: 2006 National Report, Office of
Juvenile Justice and Delinquency Prevention Statistical Briefing Book,
Department of Justice.
---------------------------------------------------------------------------
According to top scholars in a variety of fields, including
economics, educational psychology, and public health, public
dollars spent on effective prevention and education programs
are far more effective in stemming violence, curtailing crime
and delinquency, and discouraging gang affiliation than
broadening prosecutorial powers or stiffening criminal
penalties for young people accused of crimes.\23\ Public
opinion polling studies also reveal that taxpayers
overwhelmingly favor investing in prevention, education, and
rehabilitation programs rather than paying for ever-more
prosecution and incarceration of youthful offenders.\24\
---------------------------------------------------------------------------
\23\In recent years, a wide range of organizations have
commissioned or conducted research in this area and reached similar
conclusions. These organizations include the American Psychological
Association, the Washington State Institute for Public Policy, the
Social Development Research Group of Seattle, Washington, the National
Council on Crime and Delinquency, the Justice Policy Institute, and the
Department of Justice, Office of Juvenile Justice and Delinquency
Prevention. For more information, see http://chhi.podconsulting.com/
assets/documents/publications/NO MORE CHILDREN LEFT BEHIND.pdf.
\24\See Models for Change, Systems Reform In Juvenile Justice,
Rehabilitation Versus Incarceration of Juvenile Offenders: Public
Preferences in Four Models for Change States, available at: http://
modelsforchange.net/pdfs/WillingnesstoPayFINAL.pdf; see also National
Juvenile Justice Network, Polling on Public Attitudes About the
Treatment of Young Offenders, available at http://
www.pendulumfoundation.com/Polling%20on%20Public%20Attitudes.pdf.
---------------------------------------------------------------------------
Following the summit, and guided by the recommendations of
the wide array of experts who testified, Representative Scott
introduced the Youth PROMISE Act in the 110th Congress. He
reintroduced the bipartisan bill in the 111th Congress with
Representative Michael N. Castle (R-DE).
NATIONAL SUPPORT FOR THE YOUTH PROMISE ACT
A national coalition of more than 250 local, State, and
national entities, including juvenile and criminal justice
organizations, law enforcement organizations, education groups
and school districts, community-based organizations, faith-
based organizations, cities and city councils around the
country, local, State and national elected officials, the U.S.
Conference of Mayors, the National Association of Counties, and
the National Association of Juvenile and Family Court Judges
have all endorsed the Youth PROMISE Act and have urged Congress
to pass it.
The following cities and States have passed formal resolutions
in support of the Youth PROMISE Act:
City of Los Angeles, CA
City of Pasadena, CA
City of San Francisco, CA
New Hampshire House of Representatives
City of East Cleveland, OH
City of Philadelphia, PA
City of Pittsburgh, PA
Santa Fe County, NM
City of New York, NY
City of Hampton, VA
City of Newport News, VA
City of Norfolk, VA
City of Portsmouth, VA
City of Richmond, VA
The following international, national, State and local
organizations have formally endorsed the Youth PROMISE Act:
International Organizations
Citizens United for the Rehabilitation of Errants (CURE),
International
Continental Societies, Incorporated
Covenant House International
Human Rights Watch
International Community Corrections Association
Penal Reform International
World Vision
National Organizations
Afterschool Alliance
Alliance for Children and Families
American Academy of Child and Adolescent Psychiatry (AACAP)
American Bar Association
American Civil Liberties Union (ACLU)
American Correctional Association
American Council of Chief Defenders
American Federation of School Administrators, AFL-CIO
American Federation of Teachers (AFT)
American Friends Service Committee (AFSC)
American Jewish Congress
American Probation and Parole Association
American Psychological Association
Asian American Justice Center
ASPIRA, Inc.
Bazelon Center for Mental Health Law
Boy Scouts of America
Boys and Girls Clubs of America
Campaign for Youth Justice
Catholic Charities USA
Center for Children's Law and Policy
Charles Hamilton Houston Institute for Race and Justice
Child Welfare League of America
Children's Defense Fund
Coalition for Juvenile Justice
Coalition on Human Needs
Correctional Education Association
Council for Educators of At-Risk and Delinquent Youth
Council for Opportunity in Education
Council of Juvenile Correctional Administrators (CJCA)
Family Justice
Federal CURE
First Five Years Fund
Girls Inc.
Immigrant Justice Network
Institute for Community Peace
Justice Policy Institute
Juvenile Justice Trainers Association
Leadership Conference on Civil Rights
League of Young Voters
Legal Action Center
Lutheran Immigration and Refugee Service
Mennonite Central Committee Washington Office
Mental Health America
Mexican American Legal Defense & Educational Fund (MALDEF)
National Advocacy Center of the Sisters of the Good Shepherd
National African-American Drug Policy Coalition, Inc.
National Alliance of Black School Educators
National Alliance to End Homelessness
National Alliance for Faith and Justice
National Association for the Advancement of Colored People
(NAACP)
National Association of Blacks in Criminal Justice
National Association of Counties (NACo)
National Association of Criminal Defense Lawyers
National Association of Juvenile Correctional Agencies
National Association of Secondary School Principals
National Black Caucus of Local Elected Officials (NBC-LEO)
National Black Police Association
National Center for Youth Law
National Consortium of TASC (Treatment Accountability for Safer
Communities) Programs
National Council for Community Behavioral Health
National Council of La Raza
National Council on Crime and Delinquency
National Council on Educating Black Children
National Council of Juvenile and Family Court Judges (NCJFCJ)
National Council for Urban (Gang) Peace, Justice and
Empowerment
National Education Association
National Federation of Families for Children's Mental Health
National Head Start Association
National Hire Network
National Immigration Project of the National Lawyers Guild
National Juvenile Defender Center
National Juvenile Detention Association
National Juvenile Justice Network
National Network for Youth
National Organization of Black Law Enforcement (NOBLE)
National Organization of Concerned Black Men, Inc.
National Partnership for Juvenile Services
National Parent Teacher Association (PTA)
National Trust for the Development of African-American Men
National Urban League
National Women's Law Center
Open Society Policy Center
The Peace Alliance
Presbyterian Church (USA), Washington Office
Prison Legal News
Prisons Foundation
Southeast Asia Resource Action Center
Southern Poverty Law Center
Students for Sensible Drug Policy
The Academy of Criminal Justice Sciences, Law and Policy
Section
The Rebecca Project for Human Rights
The School Social Work Association of America
The Sentencing Project
The Student Peace Alliance
Therapeutic Communities of America (TCA)
Time Dollar Youth Court
TimeBanks USA
Unitarian Universalist Association of Congregations
United Church of Christ, Justice and Witness Ministries
United Methodist Church, General Board of Church and Society
United Neighborhood Centers of America
U.S. Conference of Mayors
U.S. Dream Academy
U.S. Psychiatric Rehabilitation Association (USPRA)
VOICES for America's Children
W. Haywood Burns Institute
Washington Office on Latin America
Youth Law Center
Youth Matter America
State and Local Organizations
ACLU of Illinois
ACLU of North Carolina
ACLU of Ohio
Action for Children North Carolina
Advocates for Children and Youth (MD)
Alabama Youth Justice Coalition
Alston Wilkes Society (SC)
Alturas Mas Altas (CA)
Archdiocese of Los Angeles, Office of Restorative Justice
(CA)
Asian Law Caucus (CA)
ATTIC Correctional Services, Inc. (WI)
Barrios Unidos--Santa Cruz Chapter (CA)
Barrios Unidos--Virginia Chapter
CASA of Maryland, Inc.
Center for Community Alternatives (NY)
Central American Legal Assistance (NY)
Chicago Area Project (IL)
Children's Action Alliance (AZ)
Children's Campaign, Inc. (FL)
Citizens for Juvenile Justice (MA)
City of New York Department of Juvenile Justice
Columbia Heights Shaw Family Collaborative (DC)
Connecticut Juvenile Justice Alliance
Contra Costa County Public Defender's Office (CA)
Correctional Association of New York
Council for Children's Rights (NC)
DC Alliance of Youth Advocates
DC NAACP Youth Council
Delaware Center for Justice
Equal Justice Initiative (AL)
Everychild Foundation (CA)
Facilitating Leadership in Youth (FLY) (DC)
Faith Communities for Families and Children (CA)
Families & Allies of Virginia's Youth
Families & Friends of Louisiana's Incarcerated Children
Families Moving Forward (CT)
Florida Public Defender Association, Inc.
Florida Public Defender, Fourth Judicial Circuit
Florida Families for Fair Sentences
Franklin County Public Defender (OH)
Fusion Partnerships, Inc. (MD)
Hispanic Urban Minority Alcoholism and Drug Abuse Outreach
Program (OH)
Homies Unidos (CA)
H.O.P.E., Inc (KS)
Identity, Inc. (MD)
The Institute for the Study and Practice of Nonviolence (RI)
John Howard Association of Illinois
JustChildren (VA)
Justice for DC Youth
Juvenile Court Judges of California
Juvenile Justice Center of Suffolk University Law School (NY)
Juvenile Justice Coalition (OH)
Juvenile Justice Initiative of Illinois
Juvenile Justice Project of Louisiana
Kansas CURE
Keeping Our Kids Safe: The Newport News Violence Prevention
Network (VA)
L.A. Unified School District (CA)
L.A. Youth Justice Coalition (CA)
Latin American Youth Center (DC)
Leaders in Community Alternatives, Inc. (CA)
Life Pieces to Masterpieces, Inc. (DC)
Law Office of Anthony J. Keber (MA)
Maryland CURE
Maryland Department of Juvenile Services
Maryland Juvenile Justice Coalition
Maryland Office of the Public Defender
Mental Health Association in Pennsylvania
Michigan Council on Crime and Delinquency
Mid-Atlantic Juvenile Defender Center, Juvenile Law and
Policy Clinic, University of Richmond School of Law
(VA)
Midwest Juvenile Defender Center (IL)
Minnesota Juvenile Justice Coalition
Mississippi CURE
Mississippi Youth Justice Project
New Hampshire Association of Criminal Defense Lawyers
New Jersey Association on Correction
New Mexico Council on Crime and Delinquency
New Mexico Criminal Defense Lawyers Association
Pacific Juvenile Defender Center (CA)
Parents Who Care Coalition (SD)
Parents, Youth, Children and Family Training Institute (AL)
Partnership for Safety and Justice (OR)
Peace in the Hood (OH)
Puerto Rico Association of Criminal Defense Lawyers
Public Justice Center (MD)
PTA of Illinois
Quad A For KIDS/A Rochester Area Community Foundation
Initiative (NY)
Southern Juvenile Defender Center (AL)
Texas Criminal Justice Coalition
The Center for Community Development, Inc. (VA)
The Fortune Society (NY)
The Law Offices of Public Defender Bennett H. Brummer
(Miami-Dade Public Defender's Office) (FL)
The Pendulum Foundation (CO)
The Poor People's Alliance, Connecticut Chapter
San Francisco Youth Commission (CA)
The S.T.O.P. Family Investment Center at Oakmont North (VA)
Southern Juvenile Defender Center (AL)
Southern Poverty Law Center (AL)
Tennessee Commission on Children and Youth
UNC Juvenile Justice Clinic, University of North Carolina at
Chapel Hill School of Law
United Church of Christ, Justice and Witness Ministries (OH)
United in Peace, Inc. (IL)
Utah Commission on Criminal Justice and Juvenile Justice
Virginia Coalition for Juvenile Justice
Virginia Commonwealth University School of Education
Virginia Commonwealth University Center for School-Community
Collaboration
Virginia CURE
VOICES for Alabama's Children
VOICES for Children in Nebraska
VOICES for Ohio's Children
Washington Association of Criminal Defense Lawyers
Washington Defender Association
Washington Defender Association's Immigration Project
Youth Advocate Programs, Inc. (PA)
Youth Advocacy Project of the Committee for Public Counsel
Services (MA)
Young America Works Public Charter School (DC)
Prominent Elected Officials, Celebrities, and Academics Who
Have Endorsed the Youth PROMISE Act:
Casey Affleck, Actor and film director (CA)
Leroy D. Baca, Sheriff, County of Los Angeles (CA)
Jason Bateman, television and film actor (CA)
Carol Oughton Biondi, California Department of Corrections
and Rehabilitation, Corrections Standards Authority,
Board Member, Child Advocate, Juvenile Justice Expert,
Commissioner, Los Angeles County Commission for
Children and Families Los Angeles (CA)
Father Greg Boyle, S.J., Executive Director of Homeboy
Industries (CA)
Jim Brown, NFL Hall of Famer (CA)
Scott Budnick, Film Producer, Warner Bros, Youth Advocate,
Board Member, Los Angeles Conservation Corps (CA)
Tony Cardenas, Councilmember, Los Angeles City Council (CA)
Jacqueline Caster, Founder and President, Everychild
Foundation (CA)
Erika Christensen, Actress (CA)
Baron Davis, NBA player (CA)
Rob Dyrdek, professional skateboarder, actor, entrepreneur
(CA)
Kathy Eldon, television presenter, magazine editor,
journalist, television and film producer
Flea, musician (CA)
Tom Hayden, social and political activist and politician (CA)
Benjamin Jealous, President and Chief Executive Officer,
NAACP (CA)
Anthony Kiedis, vocalist, lyricist (CA)
Joaquin Phoenix, actor, director, producer, social activist
(CA)
Rain Phoenix, actress, musician, and singer (CA)
Liv Tyler, actress and model (CA)
Cash Warren, film producer (CA)
Robin Wright, Actress (CA)
The Honorable Toni Harp, Connecticut State Senator
The Honorable Kelvin Roldan, Connecticut State Representative
Marian Wright Edelman, Children's Defense Fund (DC)
Wade Henderson, President, Leadership Conference on Civil and
Human Rights (DC)
Jolanta Juszkiewicz, Ph.D., American University (DC)
Hilary O. Shelton, NAACP, Washington Bureau Director (DC)
Troy Vincent, NFL Vice President of Player Development (DC)
Aaron Kupchik, Ph.D., University of Delaware
Judge Glenda Hatchett (GA)
Donna M. Bishop, Northeastern University (MA)
Charles J. Ogletree, Harvard Law School, Jesse Climenko
Professor of Law and Vice Dean for the Clinical
Programs, and Founding and Executive Director of the
Charles Hamilton Houston Institute for Race and Justice
(MA)
Susan J. Carstens, Psy.D., L.P. Juvenile Specialist, Crystal
Police Dept. (MN)
The Honorable Alice L. Bordsen, North Carolina State
Representative
Cory A. Booker, Mayor, Newark, NJ
Michael R. Bloomberg, Mayor, New York City
Maggie Gyllenhaal, Actress (NY)
Star Jones, lawyer and television personality (NY)
Russell Wendell Simmons, Chairman, Rush Communications (NY)
Tony Roshan Samara, George Mason University (VA)
Earle Williams, Psy.D., Hampton University (VA)
Additional Activities and Support for the Youth PROMISE Act
A national coalition developed in support of the Youth
PROMISE Act, and held regular meetings over the course
of 3 years to promote the legislation.
Film producer Cash Warren, Baron Davis and actress Jessica
Alba joined Representatives Scott and Castle on May 6,
2009 at the Capitol Visitors Center for a film
screening, discussion of the need for youth violence
prevention legislation and support for the Youth
PROMISE Act. The next day, on May 7, 2009, advocates
from across the country came together to promote the
Youth PROMISE Act at a national summit and Youth
PROMISE Act day on Capitol Hill.
The Peace Alliance, an alliance of organizers and advocates
throughout the United States, adopted the Youth PROMISE
Act as a top priority for its legislative agenda,
organizing Hill briefings, field hearings, mobilizing
celebrity support, and working with Ben and Jerry's to
develop a national campaign in support of the Youth
PROMISE Act. More about the Peace Alliance's efforts is
available on the Campaign website at: http://
www.youthpromiseaction.org/
Prominent entertainment, sports and political figures came
together to urge support for passage of the Youth
PROMISE Act in a ``viral video,'' available at: http://
www.youtube.com/watch?v=wh3c6ZpGrio
Supporters of the Youth PROMISE Act and stars from the viral
video debuted the video and spoke in support of the
Youth PROMISE Act at the Capitol Visitors Center in
Washington, D.C. on May 26, 2010.
Hearings
The Subcommittee on Crime, Terrorism, and Homeland Security
held a hearing on July 15, 2009, on H.R. 1064. Testimony was
received from Marian Wright Edelman, President and Founder,
Children's Defense Fund; Deborah Prothrow-Stith, MD,
Consultant, Spencer Stuart; Leroy D. Baca, Sherriff, Los
Angeles County; David B. Muhlhausen, Ph.D., Senior Policy
Analyst, Center for Date Analysis, The Heritage Foundation; and
Tracy Velazquez, Executive Director, Justice Policy Institute.
Committee Consideration
On October 29, 2009, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill
H.R. 1064 favorably reported, by voice vote, a quorum being
present. On December 16, 2009, the full Committee met in open
session and ordered the bill H.R. 1064 favorably reported with
an amendment, by a rollcall vote of 17 to 14, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 1064:
1. Motion to table an appeal of the Chair's ruling that an
amendment offered by Mr. Forbes to add enhanced criminal
penalties to the bill was non-germane. Agreed to 16 to 14.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee................................................. X
Ms. Waters......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Pierluisi................................................... X
Mr. Quigley..................................................... X
Ms. Chu.........................................................
Mr. Gutierrez...................................................
Ms. Baldwin..................................................... X
Mr. Gonzalez....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Ms. Sanchez..................................................... X
Ms. Wasserman Schultz........................................... X
Mr. Maffei...................................................... X
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Lungren..................................................... X
Mr. Issa........................................................ X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan......................................................
Mr. Poe......................................................... X
Mr. Chaffetz.................................................... X
Mr. Rooney...................................................... X
Mr. Harper...................................................... X
-----------------------------------------------
Total....................................................... 16 14
----------------------------------------------------------------------------------------------------------------
2. Motion to report H.R. 1064 favorably, as amended. Passed
17 to 14.
ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee................................................. X
Ms. Waters......................................................
Mr. Delahunt.................................................... X
Mr. Wexler......................................................
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Pierluisi................................................... X
Mr. Quigley..................................................... X
Ms. Chu......................................................... X
Mr. Gutierrez...................................................
Ms. Baldwin..................................................... X
Mr. Gonzalez....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Ms. Sanchez..................................................... X
Ms. Wasserman Schultz........................................... X
Mr. Maffei......................................................
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte...................................................
Mr. Lungren..................................................... X
Mr. Issa........................................................ X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
Mr. Poe......................................................... X
Mr. Chaffetz.................................................... X
Mr. Rooney...................................................... X
Mr. Harper...................................................... X
-----------------------------------------------
Total....................................................... 17 14
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority or tax expenditures or
revenues contained in the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1064, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 26, 2010.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1064, the ``Youth
Prison Reduction through Opportunities, Mentoring,
Intervention, Support, and Education Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf, Director.
Enclosure.
H.R. 1064--Youth Prison Reduction through Opportunities, Mentoring,
Intervention, Support, and Education Act.
SUMMARY
H.R. 1064 would authorize the appropriation of $886 million
over the 2010-2014 period, mostly for the Department of Justice
(DOJ) to make grants to State, local, and tribal governments
for programs to reduce juvenile delinquency and improve the
juvenile justice system. In addition, CBO estimates that the
bill would authorize the appropriation of $300 million annually
over the 2010-2014 period for DOJ to make Youth Prison
Reduction through Opportunities, Mentoring, Intervention,
Support, and Education (PROMISE) grants to local and tribal
governments to implement initiatives to reduce juvenile crime.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 1064 would cost about $1.9
billion over the 2010-2015 period and another $500 million in
subsequent years. Enacting the bill would not affect direct
spending or revenues.
This bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 1064 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2010-2010
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
PROMISE Grants
Estimated Authorization Level 300 300 300 300 300 0 1,500
Estimated Outlays 45 171 240 195 255 264 1,170
Other Programs
Authorization Level 205 168 169 171 173 0 886
Estimated Outlays 20 75 115 146 175 155 686
Total Changes
Estimated Authorization Level 505 468 469 471 473 0 2,386
Estimated Outlays 65 246 355 341 430 419 1,856
----------------------------------------------------------------------------------------------------------------
BASIS OF ESTIMATE
H.R. 1064 would authorize the appropriation of $300 million
in 2010 for grants to local and tribal governments for
planning, assessing, and developing initiatives to reduce
juvenile crime (PROMISE assessment and planning grants). In
addition, the bill would authorize the appropriation of such
sums as necessary for each year over the 2011-2014 period for
DOJ grants to local and tribal governments to implement the
initiatives (PROMISE implementation grants). CBO estimates that
the implementation grants would require annual funding equal to
the amount provided by the bill to plan the initiatives--$300
million per year over the 2011-2014 period.
In addition, H.R. 1064 would authorize the appropriation of
specific amounts totaling $886 million over the 2010-2014
period, mostly for DOJ to make grants to State, local, and
tribal governments for programs to reduce juvenile delinquency
and improve the juvenile justice system.
For this estimate, CBO assumes that H.R. 1064 will be
enacted during fiscal year 2010. We assume that the authorized
and estimated amounts will be appropriated near the start of
each fiscal year (except 2010) and that spending will follow
the historical spending patterns for those activities. We
assume that supplemental appropriations for 2010 would be
enacted.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
This bill contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. Those governments would benefit
from the authorization of appropriations in this bill for
grants and technical assistance. Any costs to those governments
would be incurred voluntarily as conditions of Federal
assistance.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz; Impact on State, Local, and
Tribal Governments: Melissa Merrell; Impact on the Private
Sector: Samuel Wice.
ESTIMATE APPROVED BY:
Theresa Gullo, Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1064 will prevent and intervene in juvenile delinquency and
youth gang violence by providing resources for evidence-based
and promising programs to help youth lead productive, safe,
healthy, gang-free, and law-abiding lives.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 1 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1064 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9 of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Youth Prison Reduction through
Opportunities, Mentoring, Intervention, Support, and Education
Act'' or ``Youth PROMISE Act.''
Sec. 2. Table of Contents. Section 2 sets forth the table
of contents for the bill. Sec. 3. Definitions. Section 3 of the
bill defines nine key terms in the bill. Section 3(1) defines
``Administrator'' as the Administrator of the Office of
Juvenile Justice and Delinquency Prevention (OJJDP). Section
3(2) defines the term ``community'' for the purpose of applying
for a grant under the Act. Section 3(3) defines ``designated
geographic area'' in a manner consistent with the United States
Postal Service. Section 3(4) defines ``evidence-based'' in a
manner consistent with use of the term by the Department of
Justice and research experts in the field of juvenile and
criminal justice. Section 3(5) defines ``intervention'' in a
manner consistent with use of the term by the Department of
Justice and experts in the fields of juvenile and criminal
justice. Section 3(6) defines ``juvenile delinquency and
criminal street gang activity prevention'' to clarify these
goals under the Act. Section 3(7) defines ``promising'' in a
manner consistent with use of the term by the Department of
Justice and experts in the fields of juvenile and criminal
justice. Section 3(8) defines ``State'' to include all States,
the District of Columbia, the Commonwealth of Puerto Rico, and
all islands, territories or possessions of the United States.
Section 3(9) defines ``youth'' to include all individuals 18
years of age or younger, and all individuals subject to the
jurisdiction of the juvenile justice system in any State.
Title I. Federal Coordination of Local and Tribal Juvenile Justice
Information and Efforts.
Sec. 101. Promise Advisory Panel. Section 101 of the bill
amends section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 to create a Federal PROMISE Advisory
Panel. The Panel is charged with assessing successful evidence-
based and promising practices related to juvenile delinquency
and criminal street gang activity. The Panel is to assist the
OJJDP in selecting PROMISE community grantees. The Panel will
also develop standards for the evaluation of juvenile
delinquency and criminal street gang activity prevention and
intervention approaches carried out under the PROMISE Act.
Eighteen months after the Youth PROMISE Act is enacted, and
annually thereafter, the Panel is to submit a report of its
findings regarding successful evidence-based and promising
practices and approaches related to juvenile delinquency and
criminal street gang activity prevention and intervention to
Congress.
Sec. 102. Geographic Assessment of Resource Allocation.
Section 102 of the bill provides for specific data collection
in each designated geographic area to assess the needs and
existing resources for juvenile delinquency and criminal street
gang activity prevention and intervention. This data will
inform the strategic geographic allocation of resources
provided under the Act to the areas with the greatest need for
assistance.
Title II. PROMISE Grants.
Sec. 200. Section 200 outlines the purposes of the PROMISE
grant programs established under Title II of the Act.
Subtitle A. PROMISE Assessment and Planning Grants.
Sec. 201. PROMISE Assessment and Planning Grants
Authorized. Section 201 establishes grants to local and tribal
communities to assist the PROMISE Coordinating Council in
assessing the needs and strengths of juvenile delinquency and
criminal street gang activity prevention and intervention
resources in the community. Based on that assessment, the
PROMISE Coordinating Councils then develop plans, which include
a comprehensive array of evidence-based and promising
prevention and intervention programs. Each planning grant
awarded under this section has a maximum 1-year duration, and a
$300,000 maximum amount.
Sec. 202. PROMISE Coordinating Councils. Section 202
establishes the eligibility requirements for the PROMISE
Coordinating Councils. This section also outlines the
membership composition of the Councils.
Sec. 203. Needs and Strengths Assessment. Section 203
describes the strengths and needs assessment of the community
resources, which the PROMISE Coordinating Councils will
conduct. This section also sets parameters for use of the
information collected under this assessment: the information
may be used for the sole purpose of developing a PROMISE plan
in accordance with this subtitle of the Act.
Sec. 204. PROMISE Plan Components. Section 204 describes
the PROMISE Plans that the PROMISE Coordinating Councils
develop under the Act. The Plans are responsive to the needs
and strengths of the community; they reflect the community's
linguistic and cultural needs; and they employ approaches that
have been proven effective in preventing and reducing
involvement in juvenile delinquency, youth violence and
criminal street gang activity. The Plans also identify the
availability of local funds for program implementation; provide
strategies to improve the delivery of indigent defense,
especially for groups of youth who are disproportionately
represented in the juvenile and criminal justice systems; and
provide training for attorneys and members of the legal system
who interact with youth in the juvenile justice system. The
Plan must ensure that the number of youth in the juvenile and
criminal justice systems does not increase as a result of the
activities undertaken with the funds provided under this
subtitle. This section also outlines several voluntary
components of the PROMISE Plans.
Sec. 205. Authorization of Appropriations. Section 205
establishes the authorization for this subtitle and for section
102 of the bill.
Subtitle B. PROMISE Implementation Grants.
Sec. 211. PROMISE Implementation Grants Authorized. Section
211 establishes grants, which the Administrator of the Office
of Juvenile Justice and Delinquency Prevention will award to
units of local government and Indian Tribes to assist the
PROMISE Coordination Councils with the implementation of the
PROMISE Plans. Each grant awarded under this section has a
maximum 4-year duration, and a $10,000,000 maximum amount. This
section also requires the contribution of non-Federal funds to
implement the activities and programs supported by the grant.
Sec. 212. PROMISE Implementation Grant Application
Requirements. This section outlines the required contents for
the implementation grant applications. The implementation plans
must describe the activities the grants funds will support, and
the anticipated outcomes of the investment in such activities.
The plans also must identify potential criminal justice and
related cost savings that will be obtained from the prevention
of juvenile delinquency and criminal street gang activity.
After identifying the savings to be obtained, the plans must
describe the reinvestment of those savings in the PROMISE
Plan's ongoing implementation.
Sec. 213. Grant Award Guidelines. This section describes
the selection and distribution of grant awards under this
subtitle. This section charges the Administrator with ensuring
that grants are awarded to the areas of greatest need. This
section also outlines the possibility of a PROMISE
implementation grant award extension, and a grant award
renewal.
Sec. 214. Reports. Section 214 requires implementation
grant recipients to report to the Administration on an annual
basis about the funds used to implement the PROMISE plan.
Sec. 215. Authorization of Appropriations. Section 215
authorizes the appropriation of such sums as may be necessary
to carry out this subtitle.
Subtitle C. General PROMISE Grant Provisions.
Sec. 221. Non-Supplanting Clause. Section 221 requires that
a grant recipient under this title may only use the grant to
supplement, and not supplant, the amount of funds available to
support youth in the community with respect to juvenile
delinquency and criminal street gang activity prevention and
intervention.
Sec. 222. Grant Application Review Panel. Section 222
provides for a national evaluation of PROMISE plan programs and
activities.
Title III. PROMISE Research Centers.
Sec. 301. Establishment of the National Research Center for
Proven Juvenile Justice Practices. Section 301 establishes a
National Research Center for Proven Juvenile Justice Practices.
This Center will collect and disseminate information to PROMISE
Coordinating Councils and the public on current research and
other information about evidence-based and promising practices
related to juvenile delinquency and criminal street gang
activity.
Sec. 302. Grants for Regional Research Proven Practices
Partnership. Section 302 provides for regional academic
research partners to assist the PROMISE Coordinating Councils
in developing their assessments and plans.
Title IV. Youth-Oriented Policing Services.
Sec. 401. Purpose. This section establishes the purpose of
Youth-Oriented Policing Services. The purpose is to provide
funding for youth-oriented community-based law enforcement to
coordinate with PROMISE Coordinating Councils and other
community-based organizations to prevent and intervene in the
involvement of youth in juvenile delinquency and criminal
street gang activity.
Sec. 402. Definitions. Section 402 defines ``youth-oriented
policing service.'' This section also defines ``SARA model,''
which is a problem-solving technique used in youth- oriented
policing services.
Sec. 403. Grants to State, Local, and Tribal Law
Enforcement Agencies to Hire and Train Youth-Oriented Policing
Officers. Section 403 provides that the Director of the Office
of Community Oriented Policing Services shall award grants for
the hiring and training of Youth Oriented Policing officers to
help prevent and address juvenile delinquency and criminal
street gang activity. A grant awarded under this section has a
4-year duration, and shall not exceed $2,000,000.
Sec. 404. Establishment of a Center for Youth-Oriented
Policing. Section 404 establishes a Center for Youth Oriented
Policing, which will be responsible for identification,
development and dissemination of information related to
strategic policing practices and technologies to law
enforcement agencies related to youth.
Sec. 405. Authorization of Appropriations. Section 405
authorizes appropriations to carry out this title.
Title V. Enhanced Federal Support of Local Law Enforcement.
Subtitle A. Comprehensive Gang Prevention and Relief.\25\
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\25\This subtitle incorporates legislation introduced by Senator
Barbara Boxer, S. 208.
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Sec. 501. Short Title. Section 501 sets out this subtitle
as ``Mynisha's Law.''
Sec. 502. Designation as a Comprehensive Gang Prevention
and Relief Area. This section provides for the application by
units of local government and Indian Tribes with a PROMISE
Coordinating Council for designation as a Comprehensive Gang
Prevention and Relief Area.
Sec. 503. Interagency Gang Prevention Task Force. Section
503 provides for Federal coordination and collaboration through
an interagency task force, including representatives from the
Departments of Justice, Education, Labor, Health and Human
Services, Housing and Urban Development. This task force is
charged with identifying and coordinating access to Federal
gang prevention resources, and low-income affordable housing.
Sec. 504. Authorization of Appropriations. This section
authorizes appropriation of such sums as may be necessary to
carry out the purposes of this subtitle.
Subtitle B. Community and Police Collaboration.
Sec. 511. Gang Prevention Grants. Section 511 authorizes
the Office of Community Oriented Policing Services to award
grants to local and tribal governments with a PROMISE
Coordinating Council to develop community-based programs that
provide crime prevention, research, and intervention services
designed for gang members and at-risk youth. A grant under this
section may not exceed $1,000,000. Grant recipients under this
section shall report to the Director of the Office of Community
Oriented Policing Services on an annual basis. This section
also authorizes the appropriations for grants under this
section.
Subtitle C. City Youth Violence Recovery.\26\
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\26\This subtitle incorporates legislation introduced by Rep. John
Larson in the 110th Congress, H.R. 854.
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Sec. 521. Grants to Prevent or Alleviate the Effects of
Youth Violence. This section authorizes the Attorney General,
in consultation with the Secretary of Health and Human
Services, to award grants to facilitate partnerships between
State mental health authorities and local public or private
entities to prevent or alleviate the effects of youth violence
in urban communities. Grants under this section provide
violence-prevention education, mentoring, counseling, and
mental health services to children and adolescents. This
section also authorizes appropriations to carry out the
section.
Title VI. PRECAUTION ACT.\27\
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\27\This title incorporates legislation introduced by Senator Russ
Feingold, S. 3160.
---------------------------------------------------------------------------
Sec. 601. Short Title. Section 601 establishes this title
of the bill as the ``Prevention Resources for Eliminating
Criminal Activity Using Tailored Interventions in Our
Neighborhoods Act of 2009,'' or the ``PRECAUTION Act of 2009.''
Sec. 602. Purposes. Section 602 describes the purposes of
the PRECAUTION Act, including the promotion of effective and
culturally appropriate Federal, State and local crime
prevention and intervention strategies, the assessment of such
strategies, the provision of resources to promote such
strategies, and the reduction of the costs that rising violent
crime imposes on interstate commerce.
Sec. 603. Definitions. Section 603 defines the terms
``Commission,'' ``rigorous evidence,'' and ``subcategory'' for
the purpose of title VI.
Sec. 604. National Commission on Public Safety through
Crime and Delinquency Prevention. Section 604 creates a
national commission on crime prevention and intervention
strategies to coordinate the data and research on crime
prevention and intervention; identify programs that are ready
for replication around the country; and, provide guidance to
state and local law enforcement about the implementation of
crime prevention and intervention strategies. The commission is
charged with identifying promising areas of crime prevention
and intervention programming that could benefit from further
research and development.
Sec. 605. Innovative Crime and Delinquency Prevention and
Intervention Strategy Grants. Section 605 provides that the
Director of the National Institute of Justice may award grants
to public and private entities to fund the implementation and
evaluation of innovative crime or delinquency prevention or
intervention strategies. A grant under this section has a
maximum 3-year duration, and shall not exceed $2,000,000.
Section 605 also authorizes appropriations to carry out this
subsection.
Title VII. Additional Improvements to Juvenile Justice.
Sec. 701. Youth Victim Witness Assistance Program. Section
701 increases Federal support for witness and victim protection
programs by providing an additional authorization of $5,000,000
to be appropriated for juvenile victim and witness protection
programs.
Sec. 702. Expansion and Reauthorization of the Mentoring
Initiative for System- Involved Youth. Section 702 provides for
an expansion of the Federal mentoring initiative for system-
involved youth under the Juvenile Justice and Delinquency
Prevention Act.
Sec. 703. Study on Adolescent Development and Sentences in
the Federal System. Section 703 requires the United States
Sentencing Commission to conduct a study on adolescent brain
development and culpability; recidivism of juveniles who are
released from prison or detention; and, the appropriateness of
sentences of life without parole for minor offenders in the
Federal system.\28\
---------------------------------------------------------------------------
\28\H.R. 1064 was introduced and ordered to be reported before the
United States Supreme Court decided Graham v. Florida, 560 U.S. 15
(2010), in which the Court held that it is unconstitutional to sentence
juvenile offenders to life imprisonment without parole for non-homicide
offenses. The Court has yet to rule on the constitutionality of life
without parole sentences for juveniles for homicide offenses.
---------------------------------------------------------------------------
Sec. 704. Partnerships with Professional Athletic Leagues.
Section 704 provides that the Attorney General may establish a
program in collaboration with national professional sports
leagues and players to address youth violence and crime. This
section also provides that if such a program is established,
the Attorney General shall conduct a study within 1 year of
enactment of the Act of the potential for reducing youth
violence and crime through such collaborations with
professional sports organizations and players.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
* * * * * * *
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
* * * * * * *
Part B--Federal Assistance for State and Local Programs
* * * * * * *
STATE PLANS
Sec. 223. (a) * * *
* * * * * * *
(f) Technical Assistance.--
[(1) In general.--The Administrator shall provide
technical and financial assistance to an eligible
organization composed of member representatives of the
State advisory groups appointed under subsection (a)(3)
to assist such organization to carry out the functions
specified in paragraph (2).]
(1) Organization of state advisory group member
representatives.--The Administrator shall provide
technical and financial assistance to a nonpartisan,
nonprofit organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986, to
assist such organization in carrying out the functions
specified in paragraph (2). To receive such assistance,
an organization shall--
(A) be governed by individuals who--
(i) have been appointed by a chief
executive of a State to serve as a
State advisory group member under
subsection (a)(3); and
(ii) are elected to serve as a
governing officer of such organization
by a majority of the Chairs (or Chair-
designees) of all such State advisory
groups;
(B) include member representatives from a
majority of such State advisory groups, who
shall be representative of regionally and
demographically diverse States and
jurisdictions; and
(C) annually seek appointments by the chief
executive of each State of one State advisory
group member and one alternate State advisory
group member from each such State to implement
the advisory functions specified in
subparagraphs (D) and (E) of paragraph (2),
including serving on the PROMISE Advisory
Panel, and make a record of any such
appointments available to the public.
(2) Assistance.--To be eligible to receive such
assistance, such organization shall agree to carry out
activities that include--
(A) * * *
* * * * * * *
[(D) advising the Administrator with
respect to particular functions or aspects of
the work of the Office; and]
(D) advising the Administrator with respect
to particular functions or aspects of the work
of the Office, and appointing a representative,
diverse group of members of such organization
under paragraph (1) to serve as an advisory
panel of State juvenile justice advisors
(referred to as the ``PROMISE Advisory Panel'')
to carry out the functions specified in
subsection (g); and
* * * * * * *
(g) PROMISE Advisory Panel.--
(1) Functions.--The PROMISE Advisory Panel required
under subsection (f)(2)(D) shall--
(A) assess successful evidence-based and
promising practices related to juvenile
delinquency and criminal street gang activity
prevention and intervention carried out by
PROMISE Coordinating Councils under such Act;
(B) provide the Administrator with a list
of individuals who have experience in
administering or evaluating practices that
serve youth involved in, or at risk of
involvement in, juvenile delinquency and
criminal street gang activity, from which the
Administrator shall select individuals who
shall--
(i) provide to the Administrator
peer reviews of applications submitted
by units of local government and Indian
tribes pursuant to title II of such
Act, to ensure that such applications
demonstrate a clear plan to--
(I) serve youth as part of
an entire family unit; and
(II) coordinate the
delivery of service to youth
among agencies; and
(ii) advise the Administrator with
respect to the award and allocation of
PROMISE Planning grants to local and
tribal governments that develop PROMISE
Coordinating Councils, and of PROMISE
Implementation grants to such PROMISE
Coordinating Councils, pursuant to
title II of such Act;
(C) develop performance standards to be
used to evaluate programs and activities
carried out with grants under title II of the
Youth PROMISE Act, including the evaluation of
changes achieved as a result of such programs
and activities related to decreases in juvenile
delinquency and criminal street gang activity,
including--
(i) prevention of involvement by
at-risk youth in juvenile delinquency
or criminal street gang activity;
(ii) diversion of youth with a high
risk of continuing involvement in
juvenile delinquency or criminal street
gang activity; and
(iii) financial savings from
deferred or eliminated costs, or other
benefits, as a result of such programs
and activities, and the reinvestment by
the unit or Tribe of any such savings;
and
(D) provide the Center for Youth-oriented
Policing with a list of individuals the Panel
recommends for membership on the Youth-oriented
Policing Services Advisory Board, pursuant to
section 403(c) of the Youth PROMISE Act.
(2) Annual report.--Not later than 18 months after
the date of the enactment of the Youth PROMISE Act, and
annually thereafter, the PROMISE Advisory Panel shall
prepare a report containing the findings and
determinations under paragraph (1)(A) and shall submit
such report to Congress, the President, the Attorney
General, and the chief executive and chief law
enforcement officer of each State, unit of local
government, and Indian Tribe.
* * * * * * *
PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
SEC. 261. GRANTS AND PROJECTS.
(a) Authority To Make Grants.--The Administrator may make
grants to and contracts with States, units of general local
government, Indian tribal governments, public and private
agencies, organizations, and individuals, or combinations
thereof, to carry out projects for the development, testing,
and demonstration of promising initiatives and programs for the
prevention, control, or reduction of juvenile delinquency. The
Administrator shall ensure that, to the extent reasonable and
practicable, such grants are made to achieve an equitable
geographical distribution of such projects throughout the
United States. Within 6 months of the date of enactment of the
Youth PROMISE Act, the Administrator shall expand the number of
sites receiving such grants from 4 to 12.
* * * * * * *
Part F--General and Administrative Provisions
AUTHORIZATION OF APPROPRIATIONS
Sec. 299. (a) Authorization of Appropriations for Title II
(Excluding Parts C and E).--[(1) There are authorized to be
appropriated to carry out this title such sums as may be
appropriate for fiscal years 2003, 2004, 2005, 2006, and 2007.]
(1) There are authorized to be appropriated to
carry out this title--
(A) $6,800,000 for fiscal year 2010;
(B) $7,800,000 for fiscal year 2011;
(C) $8,800,000 for fiscal year 2012;
(D) $11,000,000 for fiscal year 2013; and
(E) $13,600,000 for fiscal year 2014.
* * * * * * *
(c) Authorization of Appropriations for Part E.--[There are
authorized]
(1) In general.--There are authorized to be
appropriated to carry out part E, and authorized to
remain available until expended, such sums as may be
necessary for fiscal years 2003, 2004, 2005, 2006, and
2007.
(2) Authorization of appropriations for mentoring
initiative.--There are authorized to be appropriated to
carry out the Mentoring Initiative for System-Involved
Youth Program under part E $4,800,000 for each of
fiscal years 2010 through 2014.
* * * * * * *
----------
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
* * * * * * *
TITLE III--CRIME PREVENTION
* * * * * * *
Subtitle Q--Community-Based Justice Grants for Prosecutors
* * * * * * *
SEC. 31702. USE OF FUNDS.
Grants made by the Attorney General under this section
shall be used--
(1) * * *
* * * * * * *
(5) by a State, unit of local government, or Indian
tribe to create and expand witness and victim
protection programs, including juvenile witness and
victim protection programs, to prevent threats,
intimidation, and retaliation against victims of, and
witnesses to, violent crimes.
* * * * * * *
[SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $20,000,000 for
each of the fiscal years 2008 through 2012 to carry out this
subtitle.]
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for each
of the fiscal years 2010 through 2014 to carry out this
subtitle.
* * * * * * *
Dissenting Views
We oppose H.R. 1064, which creates a series of redundant
and burdensome grant programs, offices, boards, and studies to
address youth crime and gang prevention and authorizes over
$1.23 billion in new spending.
While we agree with the majority that evidence-based,
effective crime prevention programs play a critical role in
deterring our youth from participating in gangs, prevention
alone is not the answer to quelling the escalating gang
violence in America. We must also equip the nation's law
enforcement officers and prosecutors with the ability to
suppress gang violence and gang recruitment.
The Youth PROMISE Act (``Youth Prison Reduction through
Opportunities, Mentoring, Intervention, Support, and Education
Act'') seeks to ``provide for evidence-based and promising
practices related to juvenile delinquency and criminal street
gang activity prevention and intervention.'' H.R. 1064 purports
to do so primarily through the creation of (1) PROMISE
Assessment Grants, and later, (2) PROMISE Implementation
grants, to state/local/tribal government. Both grants would be
funded through the grant authority of the Department of
Justice's Office of Juvenile Justice and Delinquency Prevention
(OJJDP) after coordination with newly-created State Advisory
Groups, a PROMISE Advisory Panel to OJJDP comprised of members
of the State Advisory Road, and local PROMISE Coordinating
Councils (PCCs).
The OJJDP PROMISE Advisory Panel is then charged with,
among other things, assessing successful prevention and
intervention practices carried out by PCCs and developing
standards to be used in evaluating the programs. Pursuant to
H.R. 1064, OJJDP's Administrator may award a grant on a
competitive basis, up to $1,000,000, to collect and analyze
data related to existing juvenile delinquency and criminal
street gang activity intervention and prevention programs, use
the data to compile a list of designated geographic areas that
are in need of resources on juvenile delinquency and criminal
street gang activity, and rank those designated in descending
order by the amount of need for resources for such
intervention.
H.R. 1064 proposes to authorize one-year PROMISE Assessment
grants of up to $300,000, predicated on the creation of a PCC
that would conduct localized needs and strengths assessment
that would be mandated to look at, among the number of at-risk
youth, the number of youth involved in juvenile delinquency
and/or street gangs, summer youth unemployment, an estimate of
those on public welfare in the area, an estimate of the total
costs for incarceration of inmates in the local area including
a comparison to other areas nationwide, and a description of
promising intervention and prevention practices in use or
proposed for the area. The bill proposes to authorize
$300,000,000 for PROMISE Assessment grants for FY 2010.
The bill further authorizes four-year PROMISE
Implementation grants of up to $10 million for any local
government unit, predicated on prior receipt of a Youth PROMISE
Assessment grant and an application that documents the intended
use of the grant and any estimated efficiencies in criminal
justice spending and estimated reduction in crime based on the
intervention and prevention program(s) supported by the grant.
H.R. 1064 does not provide an authorized amount for the
implementation grants, but rather includes ``such sums as may
be necessary'' language for the grants. The 2007 version of the
Youth PROMISE Act introduced by Chairman Scott authorized $2
billion to be appropriated for implementation grants from 2010-
13.
The bill also creates a National Research Center for Proven
Juvenile Justice Programs to collect, analyze, and disseminate
intervention and prevention best practices to and from PROMISE
Coordinating Council. The bill further authorizes for
appropriation $100 million in grants to state/local/tribal law
enforcement governments to hire ``Youth Oriented Police''
(YOPS), trained through the creation of a national Center for
Youth Oriented Policing. Grant authority for YOPS would be
modeled after and administered by DOJ's COPS administrator. In
addition, the bill seeks to create a National Commission on
Public Safety through Crime and Delinquency Prevention to
conduct a study and issue a report on the effectiveness of
crime and delinquency prevention and intervention strategies.
H.R. 1064 PROPOSES A REDUNDANT AND COSTLY
APPROACH TO PREVENTION
Unfortunately, H.R. 1064 goes far beyond simply authorizing
Federal assistance for community prevention programs. The bill
proposes to implement broad-sweeping, nationalized programs to
address youth crime and gang prevention. H.R. 1064 creates 11
new grant programs, a multitude of new layers of bureaucracy,
and over a dozen new reports, studies, evaluations, and
assessments. All of this comes with a price tag of over 1 and a
quarter BILLION dollars,\1\ with much of the funding targeted
towards studying, analyzing, and assessing prevention
techniques and less for funding actual youth crime prevention
programs.
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\1\The bill specifically authorizes $1,230,750,000 in new spending
while authorizing two provisions for ``such sums'' as may be necessary,
thus pushing the total authorization above one and a quarter billion
dollars.
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H.R. 1064 also legislates its one-size-fits all approach in
a vacuum. The bill approaches youth crime and gang prevention
as if no such program on this subject exists. On the contrary,
dozens of local government and non-profit programs across the
country are reaching children every day. Yet, under the Youth
PROMISE Act, the local government programs will have to be set
aside or scrapped and replaced with the Youth PROMISE programs
in order to receive any of the bulk of the authorized funding.
And non-profit, community-based programs are all but left
out of this legislation. Of the 11 new grants created by this
bill, only one--the Innovative Crime and Delinquency Prevention
and Intervention Strategy Grant--can be awarded to private
organizations. Likewise, a number of these grants fund studies
by NGOs and educational institutions rather than putting money
in the hands of community programs that are currently helping
young people avoid a life of crime and gang involvement.
Section 102--new grant program to assess ``designated
geographic areas'' in need of funding.
Section 201--new grant program for PROMISE assessment
and planning.
Section 211--new grant program for PROMISE
implementation.
Section 223--new grant program for evaluation of
PROMISE grants by institutions of higher education.
Section 301--new grant program for a nonprofit NGO to
establish the National Research Center for Proven
Juvenile Justice Practices.
Section 302--new grant program for institutions of
higher education to serve as regional research partners
with PROMISE Coordinating Councils.
Section 403--new grant program for the hiring and
training of Youth Oriented Policing Officers.
Section 404--new grant program for a NGO to establish a
Center for Youth-Oriented Policing.
Section 511--new grant program to award PCC communities
with gang prevention grants.
Section 522--new grant program to ``eligible entities''
to prevent and alleviate the effects of youth violence.
Section 605--new grant program for public and private
entities to implement and evaluate innovative crime or
delinquency prevention and intervention strategies.
Section 701--expands the use of existing community-
based justice grants for prosecutors.
Section 702--expands the breadth of the Mentoring
Initiative for System-Involved Youth grants.
Federal grant programs targeted specifically at youth crime
and gang prevention also currently exist. The Justice
Department's Office of Juvenile Justice and Delinquency
Prevention (OJJDP) operates the Gang Reduction Program, the
Gang Free Schools and Communities Program, and the Tribal Youth
Program, all of which are demonstrating success.
For instance, the OJJDP Youth Gang Prevention Initiative,
which includes a Gang Reduction Program (GRP), is ``designed to
reduce gang activity in target neighborhoods by incorporating
research-based interventions that contribute to juvenile
delinquency and gang activity.'' Much like Youth PROMISE
purports to, the GRP is funding pilot sites in communities with
significant program investment, strong indicators of citizen
involvement, and high rates of crime and gang activity and
integrating Federal, state, and local resources into state-of-
the-art practices in prevention, intervention and
suppression.\2\
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\2\Gang Reduction Program, Office of Juvenile Justice and
Delinquency Prevention, U.S. Department of Justice, available at http:/
/www.ojjdp.ncjrs.gov/programs/antigang/index.html.
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H.R. 1064 creates multiple new layers of bureaucracy within
local, tribal and Federal Government and establishes a host of
centers, facilities, and partnerships both in and outside
government, leading to a myriad of overlapping and duplicative
functions.
Section 101--replaces the existing Federal Advisory
Committee on Juvenile Justice with a PROMISE Advisory
Panel within the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) of the Justice
Department.
Section 202--requires all units of local governments or
Indian tribes to establish PROMISE Coordinating
Councils (PCC) comprised of 20 members from a broad
cross-section of health care, government, juvenile, and
community groups in order to be eligible for a PROMISE
assessment and planning grant.
Section 211--requires each unit of local government or
Indian tribe with a PCC to award a competitive contract
to an organization (presumably a NGO) that will
``assess the progress'' of the government or tribe in
addressing the unmet needs of youth in the community.
Section 222--requires the OJJDP Administrator to
establish and utilize a transparent, reliable, and
valid system for evaluating applications for PROMISE
grants.
Section 301--establishes a National Research Center for
Proven Juvenile Justice Practices via a grant to a NGO.
Section 302--designates institutions of higher
education to serve as regional research partners with
PCCs.
Section 404--establishes a Center for Youth-Oriented
Policing via a grant to a NGO. The Center will also
include a YOPS Advisory Board comprised of 22 members.
Section 504--establishes an Interagency Gang Prevention
Task Force to include representatives from DOJ, DOED,
DOL, HHS, and HUD.
Section 522--requires the creation of an eligible
entity, defined as a ``partnership between a State
mental health authority and one or more local public or
private providers'' to receive the new grant created
under this section.
Section 604--establishes a National Commission on
Public Safety through Crime and Delinquency Prevention.
Section 605--requires the NIJ to designate a full-time
employee to oversee the grants under this section. Also
requires the grant recipient to utilize an
``evaluator'' approved by the NIJ employee for the
``rigorous'' study required by this section.
The requirements on units of local government or Indian
tribes to even become eligible for the PROMISE assessment
grants are likely cost-prohibitive for most communities, which
seek out Federal assistance because they don't have the funds
to operate these programs.
H.R. 1064 directs multiple studies, assessments, plans,
reports, and evaluations of evidence-based programs to deter
juveniles from crime and gangs. This begs the question: Do
evidence-based programs to prevent youth from engaging in crime
or joining a gang currently exist? If so, why should we expend
millions in taxpayer dollars to study what we already know? And
can we realistically expect a program proven to work in one
community to enjoy the same success nationwide?
Section 101--requires the newly created PROMISE
Advisory Panel within OJJDP to annually report to
Congress, the President, and Attorney General, as well
as to the chief executive officer and chief law
enforcement officer of each State, unit of local
government, and Indian tribe.
Section 102--requires a NGO to compile a list of
``designated geographic areas'' that are in need of
resources and provide such list to the OJJDP
Administrator.
Section 203--requires each PCC to perform an
``objective strengths and needs assessment'' of the
resources of the community. Presumably such assessment
must be provided to the OJJDP Administrator to
demonstrate compliance with the grant requirements.
Section 204--requires each PCC to develop a PROMISE
Plan to coordinate and deliver evidence-based and
promising practices for prevention. This section also
requires each PCC to partner with an institution of
higher education that will provide to the PCC
information on evidence-based and promising practices.
Section 211--requires each PCC to award a contract to a
NGO to assess the progress of the PCC in implementing
its PROMISE Plan.
Section 214--requires each PCC to submit an annual
report to the OJJDP Administrator on implementation of
PROMISE grants.
Section 223--requires the OJJDP Administrator to
evaluate the PROMISE programs and report the results of
its evaluation to the National Research Center for
Proven Juvenile Justice Practices.
Section 301--requires the National Research Center to
create a best practices juvenile justice information-
sharing network to disseminate research to PCCs.
Section 404--requires the Center for Youth-Oriented
Policing to develop and disseminate a model youth-
oriented policing services training program.
Section 505--requires the Interagency Gang Prevention
Task Force to submit an annual report to Congress.
Section 604--requires the National Commission on Public
Safety through Crime and Delinquency Prevention to
study the effectiveness of crime and delinquency
prevention and intervention strategies and submit and
initial and final report to Congress.
Section 605--requires each grant recipient under this
section to conduct a ``rigorous study of the
effectiveness of the strategy during the 3-year period
of the grant for that strategy.''
Section 703--directs the U.S. Sentencing Commission to
study the appropriateness of sentences for minors in
the Federal system.
H.R. 1064 IS DEVOID OF ANY ENFORCEMENT MEASURES
Preventing America's youth from engaging in crime and
participating in gangs is a critical component to stemming
crime and violence in our communities and breaking the cycle of
violence and lawlessness by our children and teens. But
prevention is not the only component. If we are serious about
dismantling dangerous gangs in our country, we must also have
tough enforcement of our laws to suppress the violence brought
upon our communities at the hands of criminal street gangs.
The Justice Department's 2009 National Gang Threat
Assessment\3\ demonstrates the need for tough enforcement.
According to the Assessment, ``approximately 1 million gang
members belonging to more than 20,000 gangs were criminally
active within all 50 states and the District of Columbia as of
September 2008.''\4\
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\3\National Gang Threat Assessment 2009, National Drug Intelligence
Center, U.S. Department of Justice, Jan. 2009, available at http://
www.justice.gov/ndic/pubs32/32146/index.htm.
\4\Id.
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Criminal gangs are responsible for roughly 80 percent of
the crime in many cities and towns across the country,
including alien smuggling, armed robbery, assault, auto theft,
drug trafficking, extortion, fraud, home invasions, identity
theft, murder, and weapons trafficking.
``Gang members are the primary retail-level distributors of
most illicit drugs. They also are increasingly distributing
wholesale-level quantities of marijuana and cocaine in most
urban and suburban communities. Some gangs traffic illicit
drugs at the regional and national levels; several are capable
of competing with U.S.-based Mexican DTOs.''\5\
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\5\Id.
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The landscape of suppression and enforcement has changed.
Gangs are no longer limited to urban areas. Many rural
communities are experiencing a spike in gang activity and gang-
related crime and many rural law enforcement agencies lack the
resources and training to effectively respond to the influx of
gangs into their communities.
Gangs actively recruit new members in our middle and high
schools. ``Gang activity at schools is rising, in part, because
gangs are using middle schools and high schools as venues for
recruitment and drug distribution. Law enforcement agencies in
several jurisdictions in eastern states report that gangs are
directing teenage members who had dropped out of school to
reenroll, primarily to recruit new members and sell drugs.''\6\
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\6\Id.
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And gang investigators from across the country agree. The
National Alliance of Gang Investigators Association opposes the
Youth PROMISE Act because it fails to address gang suppression,
creates redundant centers and agencies, and fails to implement
juvenile justice and education programs that will effectively
reduce gang proliferation.
Unfortunately, the majority rejected an amendment offered
by Mr. Forbes to include strong gang enforcement provisions in
the bill. The amendment revised the existing Federal criminal
statute (18 U.S.C. Sec. 521) to prohibit gang crimes that are
committed to further the activities of a criminal street gang.
It more clearly describes the elements and penalties for the
Federal gang offense and provides important definitions for
``criminal street gang'' and ``gang crime.'' This language is
similar to provisions included in legislation sponsored by the
gentleman from California, Mr. Schiff and Senator Feinstein.
CONCLUSION
The suppression and dismantling of violent gangs cannot be
solved simply through prevention. It requires a coordinated
approach that includes strong enforcement. This legislation
fails to acknowledge this, instead relying upon youth crime
prevention to quell violent gang activity.
Moreover, this bill seeks to fund these prevention efforts
through a veritable hodgepodge of research, government
bureaucracies, and new spending. Considering the dire state of
our economy and an estimated $12 trillion national debt, we
believe it is irresponsible for Congress to approve over a
billion dollars in new Federal programs for an issue that is
first and foremost the purview of the states. At the very
least, Congress should especially avoid creating new programs
that authorize over a billion dollars in new Federal spending.
We urge our colleagues to oppose this legislation.
Lamar Smith.
F. James Sensenbrenner, Jr.
Howard Coble.
Elton Gallegly.
Bob Goodlatte.
Daniel E. Lungren.
Darrell E. Issa.
J. Randy Forbes.
Steve King.
Trent Franks.
Louie Gohmert.
Jim Jordan.
Ted Poe.
Jason Chaffetz.
Tom Rooney.
Gregg Harper.