Juvenile Justice Legislation: Overview and the Legislative Debate

Publication Date: September 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDP Act, P.L. 93-415), as amended, expired in 1996. The Act established the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the grant programs it administers. Since 1996, Congress has considered several measures to reauthorize the JJDP Act as well as address more comprehensive juvenile justice legislative proposals. These measures tended to favor a "get tough" approach to violent youth offenses, due in part to data from the early 1990s reflecting a high level of juvenile violent crime. Among the "get tough" alternatives that previous Congresses have considered as a means to control this problem was the Juvenile Accountability Incentive Block Grants (JAIBG) program, emphasizing accountability-based reforms. The House passed the Consequences for Juvenile Offenders Act of 2001, H.R. 863, in 2001. H.R. 863, similar to H.R. 1501 as introduced in the previous Congress, would replace the JAIBG Program with the Juvenile Accountability Block Grants (JABG).

Congress has considered other legislation to reauthorize the JJDP Act. In 2002, the conference report to accompany H.R. 2215, 21st Century Department of Justice Appropriations Authorization Act of 2002 (H.Rept. 107-685), was agreed to; it reauthorizes juvenile justice assistance programs. The conference committee agreed to incorporate provisions from H.R. 1900 and H.R. 863 passed in the House. The House passed H.R. 1900, as amended, in 2001; the bill (H.Rept. 107-203) would reauthorize the JJDP Act and make significant changes to the grant programs under Title II and V. The JJDP Act has not been reauthorized, but FY2001 Justice appropriations provided funding for JJDP Act grant programs ($279.8 million) and for the JAIBG program ($249.5 million). The JAIBG program is authorized in annual appropriations. H.R. 863 makes adjustments regarding JAIBG; the bill passed the House in 2001. The President signed the bill, which included the incorporation of H.R. 1900 and H.R. 863, into law in 2002 (P.L. 107-273).

In previous Congress, there were proposals considered to reauthorize juvenile justice programs. The 106th Congress considered H.R. 1501, H.R. 1150, and S. 254; collectively, these bills would have reauthorized the Act, added new penalties, and proposed or reauthorized non-JJDP Act juvenile crime control programs. In 1999, the House passed, amended, H.R. 1501, a measure reauthorizing the JAIBG program, established in FY1998. (H.R. 1150, a JJDP Act reauthorization bill, was approved by the House as an amendment to H.R. 1501.) In 1999, the Senate passed H.R. 1501, amended to include only the language of S. 254, reauthorizing both the JJDP Act and the JAIBG program. The bill died in conference. Comprehensive juvenile justice legislation considered in the 106th Congress retained an emphasis on punishment, though these measures appeared to place somewhat less emphasis on "get tough" remedies than bills considered in previous congresses. To "get tough" programs were added new crime prevention programs, designed in some cases to replace many of the JJDP Act programs. Discussion on proposals related to juvenile justice issues is expected to reoccur in Congress. This report provides an overview of the continuing debate. For additional information, see CRS Report RS20576, Juvenile Justice: Legislative Activity and Funding Trends for Selected Programs.