§10403 Grant Eligibility

Summary

States must apply to the Attorney General for a grant and give a plan that says what they will do with the money and how they will measure success, including use of evidence-based methods. The application must also promise that the State and any local government getting funds from the State under section 10404(b) will have laws or policies in place, or will put them in place within 1 year, that create a system of graduated sanctions (see below). Local governments seeking subgrants must give the State a similar plan and the same promise to have graduated sanctions in place within 1 year. A specially qualified unit getting funds under section 10404(e) gives required information to the Attorney General. States and local governments must ask the State’s top court chief and, when appropriate, the local chief judge for advice on their plans. A graduated sanctions system must at least: impose consequences for each delinquent offense, increase consequences for later or more serious offenses, allow flexibility to tailor responses to the juvenile, and consider public safety and victims. A State or local unit may have a discretionary system (not required for every court) and still get grants if it shows it encourages courts to use such a system. Courts that do not use or do not apply graduated sanctions in all cases must explain annually why, and local units and States must collect and send those reports up to the State or the Attorney General. Discretionary means not required for every court. Sanctions means real, proportional consequences (for example, counseling, restitution, community service, fines, probation, or confinement).