Juvenile Justice and Delinquency Prevention Act of 1974

Summary

Juvenile Justice and Delinquency Prevention Act - Title I: Findings and Declaration of Purpose - Sets forth the purposes of this Act. Title II: Amendments to Federal Juvenile Delinquency Act - Provides that under the Federal Juvenile Delinquency Act: (1) juveniles otherwise eligible to be treated as juveniles in Federal courts shall be tried in State courts unless: (a) the State court does not have jurisdiction; or (b) the State courts do not have adequate rehabilitation and treatment services; (2) adult criminal prosecutions of juveniles age 16 and older alleged to have committed a felonious act may be commenced only if a Federal judge finds, after a hearing, that there are no reasonable prospects for rehabilitating the juvenile before he reached the age of majority; (3) juveniles shall be accorded the constitutional protections against self incrimination, unreasonable searches and seizures, and cruel and unusual punishment; (4) no juvenile may be detained or confined in any institution in which adults are incarcerated; (5) juveniles must be advised of their rights and taken before a committing magistrate immediately upon arrest; (6) no juvenile may be detained prior to adjudication of delinquency unless the magistrate determines, after hearing, that such detention is required to secure the juvenile's timely appearance in court or to protect the safety of others; and (7) juveniles must be advised of their rights to counsel, and if they do not obtain counsel, the court must appoint counsel for them. Title III: National Office of Juvenile Justice and Delinquency Prevention - Establishes a new National Office of Juvenile Justice and Delinquency Prevention in the Executive Office or the President, administered by a Director and three Assistant Directors. Authorizes the Director to employ personnel, hire consultants, and request the detailing of personnel from other Federal agencies. Authorizes the Director to accept voluntary services in carrying out the provisions of the Act. States that the Director shall provide overall planning and policy and establish objectives and priorities for all Federal juvenile delinquency programs and activities relating to prevention, diversion, training, treatment, rehabilitation, evaluation, research, and programs to improve the juvenile justice system in the United States. Provides that the Director shall develop and submit to the President and the Congress prior to March 1 in each year an analysis and evaluation of juvenile delinquency programs conducted and assisted by Federal departments and agencies and a comprehensive plan for Federal programs in such field. Sets forth additional functions and responsibilities of the Director. Authorizes to be appropriated to the President $15,000,000 for fiscal year 1973, $20,000,000 for fiscal year 1974, $25,000,000 for fiscal year 1975, and $30,000,000 for fiscal year 1976 to carry out the purposes of this title. Title IV: Federal Assistance for State and Local Programs - Authorizes appropriations of $50,000,000, for fiscal year 1973; $100,000,000 for fiscal year 1974; 150,000,000 for fiscal year 1975; and $200,000,000 for fiscal year 1976 to assist the States in planning, establishing, operating, coordinating, and evaluating projects for the development of more effective education, training, prevention, diversion, treatment, and rehabilitation programs to deal with juvenile delinquency and programs to improve the juvenile system. Provides that funds under this part are to be allocated equitably among the States on the basis of the relative population of people under age 18, financial need, and need for more effective juvenile delinquency programs as defined in this Act. Provides that no allotment to any State, except the Virgin Islands, American Samoa, Guam and the Trust Territory of the Pacific Island, shall be less than $200,000. Authorizes the Director to reallocate unused or surplus funds to other States as he deems advisable. Authorizes the Director to make grants to State agencies to develop and implement comprehensive State plans for juvenile delinquency programs and services. Sets forth requirements which such plans must meet. Authorizes the Director to make grants and to enter into contracts with public or private agencies, institutions, and individuals to develop and implement new approaches: to foster new or expanded juvenile delinquency programs and activities; and to develop diversion programs and programs to improve the juvenile justice system. Authorizes to be appropriated $50,000,000 for fiscal year 1973; $100,000,000 for fiscal year 1974; $150,000,000 for fiscal year 1975; and $200,000,000 for fiscal year 1976 to carry out these special prevention and treatment programs. Title V: National Institute for Juvenile Justice - Establishes a National Institute for Juvenile Justice within the National Institute for Juvenile Justice and Delinquency Prevention under the supervision of an Administrator appointed by the Director. Authorizes the Institute to encourage and assist public and private agencies, courts, institutions, and individuals involved in developing and implementing delinquency programs. Provides that the Institute will serve as an information clearinghouse. States that research will be conducted both by Institute personnel and through grants and contracts, by public or nonprofit private agencies, institutions, and individuals. Requires the Administrator to report annually on research activities, including an review of research results and an assessment of their applicability to operating programs. Authorizes the Institute to devise and conduct training programs throughtout the country for persons working in the juvenile justices system, such as policemen, judges, probation officers, corrections personnel, and paraprofessional workers. Provides that the Institute will develop technical training teams to aid in the development of on-going State and local training programs for professional and paraprofessional personnel who work directly with young people to prevent and treat juvenile delinquency. Establishes an Advisory Council to advise and consult with the Director of the National Office and the Administrator of the Institute on the policy and operations of the Institute. Provides the the Council shall consist of 20 members, including Federal officials and representatives of groups specifically working in the area of juvenile delinquency and provides that members of the Council shall be appointed by the President for terms of four years. Authorizes appropriation of $50,000,000 for fiscal year 1973; $100,000,000 for fiscal year 1974; $150,000,000 for fiscal year 1975; and $200,000,000 for fiscal year 1976 for the work of the Institute.

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Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 8 September 1974

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• Public Law

  summary · EN · 7 September 1974

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• Introduced in Senate

  summary · EN · 8 February 1973

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