Page:United States Statutes at Large Volume 116 Part 3.djvu/270

 116 STAT. 1862 PUBLIC LAW 107-273—NOV. 2, 2002 " (1) SUBGRANT ELIGIBILITY. —To be eligible to receive a subgrant, a unit of local government, other than a specially qualified unit, shall provide to the State— "(A) information about— "(i) the activities proposed to be carried out with such subgrant; and "(ii) the criteria by which the unit proposes to assess the effectiveness of such activities on achieving the purposes of this part; and "(B) such assurances as the State shall require, that, to the maximum extent applicable, the unit of local government has in effect (or shall have in effect, not later than 1 year after the date that the unit submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the unit submits such application) policies and programs, that provide for a system of graduated sanctions described in subsection (d). "(2) SPECIAL RULE. —The requirements of paragraph (1) shall apply to a specially qualified unit that receives funds from the Attorney General under section 1803(e), except that information that is otherwise required to be submitted to the State shall be submitted to the Attorney General. "(c) ROLE OF COURTS.—In the development of the grant application, the States and units of local governments shall take into consideration the needs of the judicial branch in strengthening the juvenile justice system and specifically seek the advice of the chief of the highest court of the State and where appropriate, the chief judge of the local court, with respect to the application. "(d) GRADUATED SANCTIONS.— ^A system of graduated sanctions, which may be discretionary as provided in subsection (e), shall ensure, at a minimum, that— "(1) sanctions are imposed on a juvenile offender for each delinquent offense; "(2) sanctions escalate in intensity with each subsequent, more serious delinquent offense; "(3) there is sufficient flexibility to allow for individualized sanctions and services suited to the individual juvenile offender; and "(4) appropriate consideration is given to public safety and victims of crime. " (e) DISCRETIONARY USE OF SANCTIONS.— "(1) VOLUNTARY PARTICIPATION.—^A State or unit of local government may be eligible to receive a grant under this part if— "(A) its system of graduated sanctions is discretionary; and "(B) it demonstrates that it has promoted the use of a system of graduated sanctions by taking steps to encourage implementation of such a system by juvenile courts. " (2) REPORTING REQUIREMENT IF GRADUATED SANCTIONS NOT USED. — "(A) JUVENILE COURTS.— A State or unit of local government in which the imposition of graduated sanctions is discretionary shall require each juvenile court within its jurisdiction— "(i) which has not implemented a system of graduated sanctions, to submit an annual report that

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