Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
Subchapter C. FUND-SPECIFIC GRANT POLICIES
The Office of the Governor, Criminal Justice Division (CJD), adopts
the amendment of Subchapter C §3.203 with changes to the proposed text
as published in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1551). The acronym "JJDPA" in the proposed
text of subsection (b) of this section was changed to "Juvenile Justice and
Delinquency Prevention Act of 2002" to provide the full name of the federal
act.
The Office of the Governor, Criminal Justice Division (CJD), adopts the
amendment of Subchapter C §3.1205 without changes to the proposed text
as published in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1551).
The amendment to subsection (b) of §3.203 updates the language of
this subsection to reflect the current federal legislation, rules and guidelines
applicable to the Juvenile Justice and Delinquency Prevention Act Fund.
The amendment to subsection (a) of §3.1205 clarifies that applicants
for state discretionary set-aside grants are eligible for funding only under
the specific program purpose areas selected by the Governor’s Juvenile
Justice Advisory Board in accordance with the federal legislation, rules and
guidelines applicable to the Juvenile Accountability Block Grant Program.
No comments were received regarding adoption of the amendments.
2.
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND
1 TAC §3.203
The amendment of this rule is adopted under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD to award and administer state and federal grant programs,
and to assist the Governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.203.Project Requirements.
(a)
Projects must meet the requirements of §3.53 of this
chapter.
(b)
Grant funds can support projects to prevent juvenile delinquency
including:
(1)
Aftercare/Reentry. Programs to prepare targeted juvenile
offenders to successfully return to their communities after serving a period
of secure confinement in a training school, juvenile correctional facility,
or other secure institution. Aftercare programs focus on preparing juvenile
offenders for release and providing a continuum of supervision and services
after release.
(2)
Alternatives to Detention. Alternative services provided
to a juvenile offender in the community as an alternative to confinement.
(3)
Child Abuse and Neglect Programs. Programs that provide
treatment to juvenile offenders who are victims of child abuse or neglect
and to their families to reduce the likelihood that such juvenile offenders
will commit subsequent violations of law.
(4)
Children of Incarcerated Parents. Services designed to
prevent delinquency or treat delinquent juveniles who are the children of
incarcerated parents.
(5)
Community Assessment Centers (CACs). Centers that lead
to more integrated and effective cross-system services for juveniles and their
families. CACs are designed to positively affect the lives of youth and divert
them from a path of serious, violent, and chronic delinquency. Using a collaborative
approach, CACs serve the community in a timely, cost-efficient, and comprehensive
manner.
(6)
Court Services. Programs designed to encourage courts to
develop and implement a continuum of pre- and post-adjudication restraints
that bridge the gap between traditional probation and confinement in a correctional
setting. Services include expanded use of probation, mediation, restitution,
community service, treatment, home detention, intensive supervision, electronic
monitoring, translation services and similar programs, and secure, community-based
treatment facilities linked to other support services.
(7)
Delinquency Prevention. Programs or other initiatives designed
to reduce the incidence of delinquent acts and directed to the general youth
population thought to be at risk of becoming delinquent. This category includes
what is commonly referred to as "primary prevention" (e.g., parent education,
peer counseling). This program area excludes programs targeted at youth already
adjudicated delinquent and those programs designed specifically to prevent
gang-related or substance abuse activities undertaken as part of program areas
described in paragraphs (10) and (28) of this subsection.
(8)
Disproportionate Minority Contact. Programs or other initiatives
designed primarily to address the disproportionate number of juvenile members
of minority groups who come into contact with the juvenile justice system,
pursuant to §223(a)(22) of the Juvenile Justice and Delinquency Prevention
Act of 2002.
(9)
Diversion. Programs to divert juveniles from entering the
juvenile justice system.
(10)
Gangs. Programs or other initiatives designed primarily
to address issues related to juvenile gang activity. This program area includes
prevention and intervention efforts directed at reducing gang-related activities.
(11)
Gender-Specific Services. Services designed to address
the needs of female offenders in the juvenile justice system.
(12)
Graduated Sanctions. A system of sanctions that escalate
in intensity with each subsequent, more serious delinquent offense.
(13)
Gun Programs. Programs (excluding programs to purchase
from juveniles) designed to reduce the unlawful acquisition and illegal use
of guns by juveniles.
(14)
Hate Crimes. Programs designed to prevent and reduce hate
crimes committed by juveniles.
(15)
Jail Removal. Programs or other initiatives designed to
eliminate or prevent the placement of juveniles in adult jails and lockups,
as defined in §223(a)(13) of the Juvenile Justice and Delinquency Prevention
Act of 2002.
(16)
Job Training. Programs to enhance the employability of
juveniles or prepare them for future employment. Such programs may include
job readiness training, apprenticeships, and job referrals.
(17)
Juvenile Justice System Improvement. Programs or other
initiatives designed to examine issues or improve practices, policies, or
procedures on a system-wide basis (e.g., examining problems affecting decisions
from arrest to disposition and detention to corrections).
(18)
Mental Health Services. Services include, but are not
limited to, the development and/or enhancement of diagnostic, treatment, and
prevention instruments; psychological and psychiatric evaluations; counseling
services; and/or family support services.
(19)
Mentoring. Programs designed to develop and sustain a
one-to-one supportive relationship between a responsible adult age 18 or older
(mentor) and an at-risk juvenile (mentee) that takes place on a regular basis.
(20)
American Indian Programs. Programs designed to address
juvenile justice and delinquency prevention issues for American Indians and
Alaska Natives.
(21)
Probation. Programs to permit juvenile offenders to remain
in their communities under conditions that the juvenile court prescribes.
(22)
Restitution/Community Service. Programs to hold juveniles
accountable for their offenses by requiring community service or repayment
to the victim.
(23)
Rural Area Juvenile Programs. Prevention, intervention,
and treatment services in an area located outside a metropolitan statistical
area as designated by the U.S. Bureau of the Census.
(24)
School Programs. Education programs and/or related services
designed to prevent truancy, suspension, and expulsion. School safety programs
may include support for school resource officers and law-related education.
(25)
Separation of Juveniles From Adult Inmates. Programs that
ensure that juveniles will not be detained or confined in any institutions
where they may come into contact with adult inmates, pursuant to §223(a)(12)
of the Juvenile Justice and Delinquency Prevention Act of 2002.
(26)
Serious Crime. Programs or other initiatives designed
to address serious and violent criminal-type behavior by youth. This program
area includes intervention, treatment, and reintegration of serious and violent
juvenile offenders.
(27)
Sex Offender Programs. Programs to support the assessment,
treatment, rehabilitation, supervision, and accountability of juvenile sex
offenders.
(28)
Substance Abuse. Programs or other initiatives designed
to address the use and abuse of illegal and other prescription and nonprescription
drugs and the use and abuse of alcohol. Programs include control, prevention,
and treatment.
(29)
Youth Advocacy. Projects designed to develop and implement
advocacy activities focused on improving services for and protecting the rights
of youth affected by the juvenile justice system.
(30)
Youth Courts. Youth courts (also known as teen courts)
are juvenile justice programs in which peers play an active role in the disposition
of the juvenile offender. Most youth courts are used as a sentencing option
for first-time offenders charged with misdemeanor or nonviolent offenses who
acknowledge their guilt. The youth court serves as an alternative to the traditional
juvenile court.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 20, 2005.
TRD-200501650
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: May 10, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 463-1919
12.
JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM