Juvenile Justice Funding Tends January 5, 2021 Although juvenile justice has always been administered by the states, the federal government has played a role in this area through the administration of grant programs. Congress has influenced Emily J. Hanson juvenile justice by authorizing and funding grant programs administered by the Department of Justice's (DOJ' Analyst in Social Policy Justice’s (DOJ’s) Office of Juvenile Justice and Delinquency Prevention (OJJDP).

Kristin Finklea The Juvenile Justice and Delinquency Prevention Act (JJDPA ; ; P.L. 93-415), enacted in 1974, Specialist in Domestic was the first comprehensive juvenile justice legislation passed by Congress. The JJDPA Security authorized a series of grant programs designed to support state juvenile justice systems and prevent juvenile delinquency. Since its enactment, the JJDPA has undergone several key amendments, including a significant reorganization in 2002 (by the 21^st21st Century Department of Justice Appropriations Authorization Act; P.L. 107-273). ). Its grant programs were most recently amended and reauthorized by the Juvenile Justice Reform Act of 2018 (P.L. 115-385).

). Funding for programs authorized by the JJDPA, as well as for other non -JJDPA grant programs that are administered by OJJDP, is provided through the Juvenile Justice Programs account in the annual Commerce, Justice, Science, and Related Related Agencies appropriations act. After the restructuring of juvenile justice grant programs in 2002, total funding for these programs began to decline. This decline generally continued through FY2007, after which funding for these programs started to increase. For FY2010, Congress provided $424 million for juvenile justice programs—the largest appropriation since FY2003. Juvenile justice funding then generally declined again from FY2010 through FY2017. After appropriating a low of $247 million for juvenile justice programs in FY2017, Congress increased funding for FY2018, FY2019, and FY2020juvenile justice funding annually from FY2018 through FY2021. The Consolidated Appropriations Act, 2020 (2021(P.L. 116-93), 260), provided $320346 million for juvenile justice programs for FY2020FY2021—the largest appropriation since the $424 million in FY2010.

T Congressional Research Service link to page 4 link to page 4 link to page 5 link to page 5 link to page 5 link to page 6 link to page 6 link to page 7 link to page 6 link to page 9 link to page 12 Juvenile Justice Funding Tends Contents Juvenile Justice Legislation and Grant Programs .................................................................. 1 State Formula Grant Program ...................................................................................... 1 Title V Incentive Youth Promise Grants for Local Delinquency Prevention ......................... 2 Victims of Child Abuse Act Grants ............................................................................... 2 Juvenile Mentoring Program ....................................................................................... 2 Juvenile Accountability Block Grants ........................................................................... 3 Juvenile Justice Appropriations ......................................................................................... 3 Historical Appropriations by Program ........................................................................... 4 Figures Figure 1. Total Juvenile Justice Programs Appropriations, FY2002-FY2021............................. 3 Tables Table 1. Juvenile Justice Appropriations by Program, FY2012-FY2021 ................................... 6 Contacts Author Information ......................................................................................................... 9 Congressional Research Service link to page 9 Juvenile Justice Funding Tends he federal government has no juvenile justice system of its own. Rather, juvenile justice is administered by the states. The federal government, though, seeks to influence states'’ T juvenile justice systems through the administration of grant programs and the provision of funds.¹

funds.1 This report provides a brief overview of funding for the juvenile justice-related grant programs administered by the Department of Justice'’s (DOJ'’s) Office of Juvenile Justice and Delinquency Prevention (OJJDP).

Juvenile Justice Legislation and Grant Programs

A number of federallyfederal y funded juvenile justice grant programs are authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA, P.L. 93-415). Since its enactment, the JJDPA has been revised by several key amendments, including a significant reorganization in 2002 (by the 21^st21st Century Department of Justice Appropriations Authorization Act; P.L. 107-273). Its grant programs were most recently amended and reauthorized by the Juvenile Justice Reform Act of 2018 (P.L. 115-385).

). The JJDPA as originallyoriginal y enacted had three main components: (1) it established OJJDP to coordinate and administer federal juvenile justice efforts; (2) it created grant programs to assist states with their juvenile justice systems; and (3) it promulgated core mandates to which states must adhere in order to be eligible for certain grant funding. Although the JJDPA has been amended several times over the past 40 years, it continues to feature these three components.

The JJDPA has been the primary channel through which the federal government has provided juvenile juvenile justice funding to states. However, other programs also administered by OJJDP have contributed to overall overal federal juvenile justice funding.

The following section outlines various juvenile justice grant programs, including those authorized by the JJDPA. Grants noted in this section have been congressionallycongressional y authorized at some point in time and have received an appropriation at least once since FY2011FY2012. Congress has also provided appropriations for programs that it has not authorized; these programs are not discussed in this section, but they are included inin Table 1, which outlines funding for juvenile justice programs since FY2011.

since FY2012. State Formula Grant Program

The JJDPA authorizes OJJDP to make formula grants to states for the planning, establishment, operation, coordination, and evaluation of projects that develop more effective juvenile delinquency programs and improve juvenile justice systems.²2 Funds are allocated annuallyal ocated annual y based on each state'’s proportion of people under the age of 18. States must adhere to certain core mandates to receive their funding.³3 The Juvenile Justice Reform Act of 2018 (P.L. 115-385) ) amended and reauthorized this program through FY2023.

Title V Incentive Youth Promise Grants for Local Delinquency Prevention

1 For more information on the legislative history of juvenile justice and details on the grant programs outlined in this report, refer to CRS Report RL33947, Juvenile Justice: Legislative History and Current Legislative Issues. 2 34 U.S.C. §11131. 3 T here are four core mandates with which—unless for specified exceptions—states must generally comply: states must keep status offenders (such as truants) out of secure detention or correctional facilities; states cannot detain or confine juveniles in facilities in which they would have contact with adult inmates; juveniles cannot be detained or confined in any jail or lockup for adults; and states must show that they are working to address racial and ethnic disparities within Congressional Research Service 1 Juvenile Justice Funding Tends Title V Incentive Youth Promise Grants for Local Delinquency Prevention The JJDPA authorizes OJJDP to make grants to states, which are then transmitted through subgrants to units of local government (or nonprofits in partnership with units of local government) for delinquency prevention programs for juveniles who have come into contact with, or are at risk to come into contact with, the juvenile justice system.⁴4 The Juvenile Justice Reform Act of 2018 (P.L. 115-385) amended and reauthorized this program through FY2023. The JJDPA also authorizes OJJDP to make grants to eligible Indian tribes to support delinquency prevention programs for at-risk youth or those who have come into contact with the juvenile justice system. TraditionallyTraditional y, Congress dedicates amounts from the total appropriation for the Title V program for specific programs and purposes areas (e.g., the Tribal Youth program or preventing gang violence).

Victims of Child Abuse Act Grants

The Subtitle A of the Victims of Child Abuse Act of 1990 authorizes support for regional and local Children’s Advocacy Centers (CACs), including state chapters, and for related training and technical assistance. Subtitle C of that act authorizes training of judicial personnel to improve handling of child abuse and neglect proceedings Victims of Child Abuse Act of 1990 (Title II of the Crime Control Act of 1990, P.L. 101-647). OJJDP is authorized to fund various grants related to each of these activities.5 The CAC program was most recently reauthorized (through FY2023) via the Victims of Child Abuse Act Reauthorization Act of 2018 (P.L. 115-424). The training for judicial personnel101-647) authorizes OJJDP to fund technical assistance, training, and administrative reforms for state juvenile and family courts to improve the way they handle cases of child abuse and neglect.⁵ This program was most recently reauthorized in the Violence Against Women Act Reauthorization Act of 2013 (P.L. 113-4). Its authorization of appropriations expired in FY2018, but it has continued to receive funding.

funding. Juvenile Mentoring Program

The Juvenile Mentoring Program was authorized by the Incentive Grants for Local Delinquency Prevention Programs Act (P.L. 102-586). Grants under this program are awarded to local educational agencies (in partnership with public or private agencies) to establish and support mentoring programs to reduce delinquent behavior, improve scholastic performance, and reduce school dropouts.⁶6 The program has continued to receive appropriations even though its authorization was repealed (P.L. 107-273).

). their juvenile justice systems. 4 34 U.S.C. §11313. 5 For Subtitle A, see 34 U.S.C. §§20301-20307; for Subtitle C, see 34 U.S.C. §§20331-20334; Subtitle B of the Victims of Child Abuse Act (34 U.S.C §§ 20321-20324) authorizes funding related to Court Appointed Special Advocates (CASAs), including technical assistance. T his funding is appropriated under the State and Local Law Enforcement account but is nonetheless administered by OJJDP. For more information on Victims of Child Abuse Act programs, see CRS Report R43458, Child Welfare: An Overview of Federal Program s and Their Current Funding . 6 For more information on the Juvenile Mentoring Program and youth mentoring, see CRS Report RL34306, Vulnerable Youth: Federal Mentoring Program s and Issues. Congressional Research Service 2 link to page 6 Juvenile Justice Funding Tends Juvenile Accountability Block Grants Congress initial y Juvenile Accountability Block Grants

Congress initially established the Juvenile Accountability Block Grant (JABG) program by appropriating funding for it in the FY1998 Department of Justice Appropriations Act (P.L. 105-119119). Congress subsequently authorized the JABG program through P.L. 107-273.⁷.7 Although the authorization for the JABG program is not a part of the JJDPA, it nevertheless is administered by OJJDP. The JABG program authorizes the Attorney General to make grants to states and units of local government to strengthen their juvenile justice systems, including holding juveniles accountable for their actions.⁸8 Authorization for this program expired in FY2009, but Congress continued to provide appropriations through FY2013.

Juvenile Justice Appropriations

Congress appropriates funding for programs authorized by the JJDPA as well wel as for other non-JJDPA grant programs through the Juvenile Justice Programs account in the annual Commerce, Justice, Science, and Related Agencies Appropriations Act. Figure 1 shows total appropriations for juvenile justice programs from FY2002 through FY2020.

FY2021. Figure 1. Total Juvenile Justice Programs Appropriations, FY2002-FY2020 (dollars in millions)

FY2021 (dol ars in mil ions) Sources: FY2002 enacted taken from H.Rept. 107-278. FY2003 enacted taken from H.Rept. 108-10. FY2004 enacted taken from H.Rept. 108-401. FY2005 enacted taken from H.Rept. 108-792. FY2006 enacted taken from H.Rept. 109-272. FY2007 appropriation is based on FY2006 enacted minus a 1.28% rescission, as per P.L. 110-5. . FY2008 enacted taken from P.L. 110-161. FY2009 enacted taken from P.L. 111-8. FY2010 enacted taken from P.L. 111-117. FY2011 enacted based on a CRS analysis of the text of P.L. 112-10. FY2012 enacted taken from P.L. 112-55. FY2013 amount provided by the U.S. Department of Justice. FY2014 enacted taken from P.L. 113-76. . FY2015 enacted taken from P.L. 113-235. FY2016 enacted taken from P.L. 114-113. FY2017 enacted taken from . FY2017 enacted taken from 7 T he Juvenile Accountability Block Grant (JABG) program was codified within the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. §10401). 8 T he one core mandate of the JABG program is that states must begin to implement a system of graduated sanctions to be eligible for funding. Congressional Research Service 3 link to page 9 Juvenile Justice Funding Tends P.L. 115-31. FY2018 enacted taken from P.L. 115-141. FY2019 enacted taken from P.L. 116-6. FY2020 enacted taken from P.L. 116-93. FY2021 enacted taken from P.L. 116-260. 116-93. Notes: Numbers are rounded. Amounts are in nominal dollars. dol ars. The amounts include all rescissions al rescissions of current year budget authority. The FY2013 funding level also reflects sequestration pursuant to the Budget Control Act of 2011 (P.L. 112-25). JJDPA =  = Juvenile Justice and Delinquency Prevention Act (P.L. 93-415).

Overall ). Overal funding for juvenile justice programs, which had typicallytypical y been above $500 million, mil ion, peaked at $565 million mil ion in FY2002. From FY2002 to FY2007, however, overall funding fell by overal funding fel by 38% to $348 millionmil ion. The majority of this reduction came from cuts to the JABG program. Appropriations for JABG fell fel from a high of $250 million mil ion in FY2002 to $49 million mil ion in FY2007. From FY2007 to FY2010, total funding for juvenile justice programs increased by almost 22% to $424 mil ion, $424 million, with funding for JJDPA programs increasing by 27% to $331 millionmil ion over this same period. This was the largest juvenile justice appropriation since FY2003.

Funding for juvenile justice programs again began to decline in FY2011, and that decline generallygeneral y continued through FY2017. From FY2010 to FY2017, total funding for juvenile justice programs decreased by nearly 42%, from $424 millionmil ion to $247 million. mil ion. Contributing to this drop, Congress eliminated funding for the Challenge GrantsChal enge Grants9 in FY2011 and for the JABG program in FY2014. During this time period, however, Congress also started appropriating funding for programs that had not previously been funded under the Juvenile Justice Programs account (including funding for missing and exploited children programs, child abuse training programs for judicial personnel and practitioners, and grants and technical assistance in support of a National Forum on Youth Violence Prevention).

After appropriating a low of $247 million mil ion for juvenile justice programs in FY2017, Congress increased juvenile funding annual y from FY2018 through FY2021increased funding in FY2018, FY2019, and FY2020. Congress increased funding for juvenile justice programs to nearly $283 millionmil ion for FY2018, and it included funds for a new Opioid Affected Youth Initiative. Congress again increased juvenile justice program funding to $287 mil ion $287 million in FY2019, and it set aside money for an initiative serving children exposed to violence.10 Congress then increased funding for juvenile justice programs to $320 mil ion for FY2020 and included a new set-aside from the Title V Incentive Grants for Local Delinquency Prevention for grants to prevent trafficking of girls. Congress most recently appropriated $346 mil ion for juvenile justice programs for FY2021—the largest appropriation since the $424 mil ion in FY2010. violence.⁹ Congress most recently appropriated $320 million for juvenile justice programs for FY2020—the largest appropriation since the $424 million in FY2010. Historically, Congress has set aside funding from the Title V grant for selected purposes (see Table 1). For FY2020, policymakers added a set-aside for grants to prevent trafficking of girls.

Historical Appropriations by Program

Historical Appropriations by Program Table 1 provides a breakdown of funding for the Juvenile Justice Programs account by program for the 10-year period from FY2011 to FY2020.

FY2012 to FY2021. Appropriations for specific programs in the Juvenile Justice Programs account can vary from year to year. For example, starting in FY2012, Congress moved funding for missing and exploited children programs from the Justice Assistance account to the Juvenile Justice Programs account. In addition, Congress sometimes provides funding for programs as a specific line item in the Juvenile Justice Programs account, but in other years funding for those programs is provided as a set-aside from another program in the account. For example, the Community Based Violence Prevention Initiative and the Competitive Grants Focusing on Girls in the Juvenile Justice System 9 T he Challenge Grants program authorized OJJDP to make discretionary grants to state, local, and tribal governments and private entities to carry out programs to develop, test, or demonstrate promising new initiatives that may prevent, control, or reduce juvenile delinquency. T he program last received appropriations in FY2010. 10 Funding for this purpose was previously provided under the State and Local Law Enforcement Assistance Account from FY2012–FY2016. Congressional Research Service 4 Juvenile Justice Funding Tends Program have received line item appropriations in some fiscal years and have been funded by set-asides from the Title V Incentive Grants Program in other years. By contrast, some programs, when funded, have consistently been funded through set-asides from the Title V program (e.g., the tribal youth program and grants focused on girls in the juvenile justice system). Congressional Research Service 5 link to page 10 Table 1. Juvenile Justice Appropriations by Program, FY2012-FY2021 (dol ars in mil ions) Program FY2012 FY2013a FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 State Formula Grants 40 41 56 55 58 55 60 60 63 67 Emergency Planning— — — (1) (1) (1) (1) (1) (1) (1) (1) Juvenile Detention Facilities Juvenile Mentoring Program Grant 78 84 89 90 90 80 94 95 97 100 Title V Incentive Grants for Local 20 19 15 15 18 15 28 25 42 49 Delinquency Prevention Community Gang Prevention (5) (5) (3) (3) (5) (4) (4) — — — Tribal Youth Program (10) (9) (5) (5) (10) — (5) (5) (5) (10) Enforcing Underage Drinking Laws (5) (5) (3) — — — — — — — Juvenile Justice and Education — — (5) — — — — — — — Col aboration Assistance Community-Based Violence — — — (6) — (8) (8) — — — Prevention Initiative National Forum on Youth Violence — — — (1) — — — — — — Prevention Children of Incarcerated Parents — — — — (1) (1) (1) (1) (1) (1) Web Portal Competitive Grants Focusing on — — — — (2) (2) (2) (2) (2) (3) Girls in the Juvenile Justice System Opioid Affected Youth Initiative — — — — — — (8) (9) (10) (10) Children Exposed to Violence — — — — — — — (8) (8) (8) Initiative Prevention when funded, have consistently been funded through set-asides from the Title V program (e.g., tribal youth and gang prevention grants).