42 U.S.C. § 5603 : US Code - Section 5603: Definitions

Search 42 U.S.C. § 5603 : US Code - Section 5603: Definitions

For purposes of this chapter -
(1) the term "community based" facility, program, or service
means a small, open group home or other suitable place located
near the juvenile's home or family and programs of community
supervision and service which maintain community and consumer
participation in the planning operation, and evaluation of their
programs which may include, but are not limited to, medical,
educational, vocational, social, and psychological guidance,
training, special education, counseling, alcoholism treatment,
drug treatment, and other rehabilitative services;
(2) the term "Federal juvenile delinquency program" means any
juvenile delinquency program which is conducted, directly, or
indirectly, or is assisted by any Federal department or agency,
including any program funded under this chapter;
(3) the term "juvenile delinquency program" means any program
or activity related to juvenile delinquency prevention, control,
diversion, treatment, rehabilitation, planning, education,
training, and research, including drug and alcohol abuse
programs; the improvement of the juvenile justice system; and any
program or activity designed to reduce known risk factors for
juvenile delinquent behavior, provides (!1) activities that build
on protective factors for, and develop competencies in, juveniles
to prevent, and reduce the rate of, delinquent juvenile behavior;
(4)(A) the term "Bureau of Justice Assistance" means the bureau
established by section 3741 of this title;
(B) the term "Office of Justice Programs" means the office
established by section 3711 of this title;
(C) the term "National Institute of Justice" means the
institute established by section 3722(a) of this title; and
(D) the term "Bureau of Justice Statistics" means the bureau
established by section 3732(a) of this title;
(5) the term "Administrator" means the agency head designated
by section 5611(b) of this title;
(6) the term "law enforcement and criminal justice" means any
activity pertaining to crime prevention, control, or reduction or
the enforcement of the criminal law, including, but not limited
to police efforts to prevent, control, or reduce crime or to
apprehend criminals, activities of courts having criminal
jurisdiction and related agencies (including prosecutorial and
defender services), activities of corrections, probation, or
parole authorities, and programs relating to the prevention,
control, or reduction of juvenile delinquency or narcotic
addiction;
(7) the term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands;
(8) the term "unit of local government" means -
(A) any city, county, township, town, borough, parish,
village, or other general purpose political subdivision of a
State;
(B) any law enforcement district or judicial enforcement
district that -
(i) is established under applicable State law; and
(ii) has the authority to, in a manner independent of other
State entities, establish a budget and raise revenues;
(C) an Indian Tribe that performs law enforcement functions,
as determined by the Secretary of the Interior; or
(D) for the purposes of assistance eligibility, any agency of
the government of the District of Columbia or the Federal
Government that performs law enforcement functions in and for -

(i) the District of Columbia; or
(ii) any Trust Territory of the United States;
(9) the term "combination" as applied to States or units of
local government means any grouping or joining together of such
States or units for the purpose of preparing, developing, or
implementing a juvenile justice and delinquency prevention plan;
(10) the term "construction" means acquisition, expansion,
remodeling, and alteration of existing buildings, and initial
equipment of any such buildings, or any combination of such
activities (including architects' fees but not the cost of
acquisition of land for buildings);
(11) the term "public agency" means any State, unit of local
government, combination of such States or units, or any
department, agency, or instrumentality of any of the foregoing;
(12) the term "secure detention facility" means any public or
private residential facility which -
(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in such facility; and
(B) is used for the temporary placement of any juvenile who
is accused of having committed an offense or of any other
individual accused of having committed a criminal offense;
(13) the term "secure correctional facility" means any public
or private residential facility which -
(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in such facility; and
(B) is used for the placement, after adjudication and
disposition, of any juvenile who has been adjudicated as having
committed an offense or any other individual convicted of a
criminal offense;
(14) the term "serious crime" means criminal homicide, forcible
rape or other sex offenses punishable as a felony, mayhem,
kidnapping, aggravated assault, drug trafficking, robbery,
larceny or theft punishable as a felony, motor vehicle theft,
burglary or breaking and entering, extortion accompanied by
threats of violence, and arson punishable as a felony;
(15) the term "treatment" includes but is not limited to
medical, educational, special education, social, psychological,
and vocational services, corrective and preventive guidance and
training, and other rehabilitative services designed to protect
the public, including services designed to benefit addicts and
other users by eliminating their dependence on alcohol or other
addictive or nonaddictive drugs or by controlling their
dependence and susceptibility to addiction or use;
(16) the term "valid court order" means a court order given by
a juvenile court judge to a juvenile -
(A) who was brought before the court and made subject to such
order; and
(B) who received, before the issuance of such order, the full
due process rights guaranteed to such juvenile by the
Constitution of the United States;
(17) the term "Council" means the Coordinating Council on
Juvenile Justice and Delinquency Prevention established in
section 5616(a)(1) of this title;
(18) the term "Indian tribe" means -
(A) a federally recognized Indian tribe; or
(B) an Alaskan Native organization;
(19) the term "comprehensive and coordinated system of
services" means a system that -
(A) ensures that services and funding for the prevention and
treatment of juvenile delinquency are consistent with policy
goals of preserving families and providing appropriate services
in the least restrictive environment so as to simultaneously
protect juveniles and maintain public safety;
(B) identifies, and intervenes early for the benefit of,
young children who are at risk of developing emotional or
behavioral problems because of physical or mental stress or
abuse, and for the benefit of their families;
(C) increases interagency collaboration and family
involvement in the prevention and treatment of juvenile
delinquency; and
(D) encourages private and public partnerships in the
delivery of services for the prevention and treatment of
juvenile delinquency;
(20) the term "gender-specific services" means services
designed to address needs unique to the gender of the individual
to whom such services are provided;
(21) the term "home-based alternative services" means services
provided to a juvenile in the home of the juvenile as an
alternative to incarcerating the juvenile, and includes home
detention;
(22) the term "jail or lockup for adults" means a locked
facility that is used by a State, unit of local government, or
any law enforcement authority to detain or confine adults -
(A) pending the filing of a charge of violating a criminal
law;
(B) awaiting trial on a criminal charge; or
(C) convicted of violating a criminal law;
(23) the term "nonprofit organization" means an organization
described in section 501(c)(3) of title 26 that is exempt from
taxation under section 501(a) of title 26;
(24) the term "graduated sanctions" means an accountability-
based, graduated series of sanctions (including incentives,
treatment, and services) applicable to juveniles within the
juvenile justice system to hold such juveniles accountable for
their actions and to protect communities from the effects of
juvenile delinquency by providing appropriate sanctions for every
act for which a juvenile is adjudicated delinquent, by inducing
their law-abiding behavior, and by preventing their subsequent
involvement with the juvenile justice system;
(25) the term "contact" means the degree of interaction allowed
between juvenile offenders in a secure custody status and
incarcerated adults under section 31.303(d)(1)(i) of title 28,
Code of Federal Regulations, as in effect on December 10, 1996;
(26) the term "adult inmate" means an individual who -
(A) has reached the age of full criminal responsibility under
applicable State law; and
(B) has been arrested and is in custody for or awaiting trial
on a criminal charge, or is convicted of a criminal offense;
(27) the term "violent crime" means -
(A) murder or nonnegligent manslaughter, forcible rape, or
robbery, or
(B) aggravated assault committed with the use of a firearm;
(28) the term "collocated facilities" means facilities that are
located in the same building, or are part of a related complex of
buildings located on the same grounds; and
(29) the term "related complex of buildings" means 2 or more
buildings that share -
(A) physical features, such as walls and fences, or services
beyond mechanical services (heating, air conditioning, water
and sewer); or
(B) the specialized services that are allowable under section
31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal
Regulations, as in effect on December 10, 1996.