Page:United States Statutes at Large Volume 102 Part 3.djvu/118

 102 STAT. 2202

State and local governments.

PUBLIC LAW 100-459—OCT. 1, 1988

outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 206 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. SEC. 208. (a) Notwithstanding subsections (c) and (d) of section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633), failure to achieve compliance with the requirements of subsection (a)(14) of such section within the five-year time limitation specified in such subsection (a)(14) shall terminate any State's eligibility for funding for fiscal year 1989 under subpart I of part B of title II of such Act unless the Administrator of the Office of Juvenile Justice and Delinquency Prevention— (1) determines, in the discretion of the Administrator, that such State has— (A)(i) removed not less than 75 percent of juveniles from jails and lockups for adults; or (ii) achieved substantial compliance with such subsection (a)(14); and (B) made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance within a reasonable time, not to exceed three additional years; or (2) waives the termination of the State's eligibility on the condition that the State agrees to expend all of the funds to be received under such subpart for such fiscal year by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222) of such Act, only to achieve compliance with such subsection (a)(14). (b) Except as provided in subsection (a) of this section, failure to achieve compliance with the requirements of subsection (a)(14) of section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) after December 8, 1985, shall terminate any State's eligibility for funding for fiscal year 1989 under subpart I of part B of title II of such Act unless the Administrator waives the termination of the State's eligibility on the condition that the State agrees to expend all of the funds to be received for such fiscal year under such subpart by the State (excluding funds required to be expended to comply with subsections (c) and (d) of section 222) of such Act, only to achieve compliance with section 223(a)(14) of such Act. (c) For purposes of subsection (a)(l)(A)(ii) of this section, a State may demonstrate that it is in substantial compliance with section 223(a)(14) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14)) by showing that it has— (1) removed all juvenile status offenders and nonoffenders from jails and lockups for adults; (2) made meaningful progress in removing other juveniles from jails and lockups for adults; (3) diligently carried out the State's plan to comply with such secton 223(a)(14); and (4) historically expended, and continues to expend, to comply with such section 223(a)(14) an appropriate and significant share of the funds received by the State under subpart I of part B of title II of such Act. (d) Authorities contained in this section shall remain in effect until the termination date of this Act or until the effective date of

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