PRINTER'S NO. 356

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 312 Session of 1983


        INTRODUCED BY HOEFFEL AND PICCOLA, MARCH 14, 1983

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 1983

                                     AN ACT

     1  Amending the act of November 22, 1978 (P.L.1166, No.274),
     2     entitled "An act establishing the Pennsylvania Commission on
     3     Crime and Delinquency, providing for its powers and duties
     4     establishing several advisory committees within the
     5     commission and providing for their powers and duties,"
     6     authorizing a crime prevention program; providing for
     7     technical and financial assistance to law enforcement
     8     agencies; and making an appropriation.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The preamble of the act of November 22, 1978
    12  (P.L.1166, No.274), referred to as the Pennsylvania Commission
    13  on Crime and Delinquency Law, is amended to read:
    14     The General Assembly finds and declares that:
    15     (a)  crime and delinquency are essentially State and local
    16  problems;
    17     (b)  crime and delinquency are complex social phenomena
    18  requiring the attention and efforts of the criminal justice
    19  system, State and local governments, and private citizens alike;
    20     (c)  the establishment of appropriate goals, objectives and


     1  standards for the reduction of crime and delinquency and for the
     2  administration of justice must be a priority concern;
     3     (d)  the functions of the criminal justice system must be
     4  coordinated more efficiently and effectively;
     5     (e)  the full and effective use of resources affecting State
     6  and local criminal justice systems requires the complete
     7  cooperation of State and local government agencies; [and]
     8     (f)  training, research, evaluation, technical assistance and
     9  public education activities must be encouraged and focused on
    10  the improvement of the criminal justice system and the
    11  generation of new methods for the prevention and reduction of
    12  crime and delinquency[.];
    13     (g)  the efforts of police to combat the incidence of crime
    14  are enhanced substantially when communities take steps to reduce
    15  the opportunity for crime through effective police leadership in
    16  crime prevention planning, public education and the responsible
    17  organization of community resources; and
    18     (h)  it is in the public interest for the Commonwealth to
    19  establish a central crime prevention program to provide
    20  leadership and technical and financial assistance to police
    21  agencies to develop and maintain community crime prevention
    22  initiatives.
    23     Section 2.  Section 1 of the act is amended by adding
    24  definitions to read:
    25  Section 1.  Definitions.
    26     The following words and phrases when used in this act shall
    27  have, unless the context clearly indicates otherwise, the
    28  meanings given to them in this section:
    29     * * *
    30     "Crime prevention."  The elimination or reduction of the
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     1  opportunity for criminal activity through the initiatives of
     2  agencies of local and State government undertaken in cooperation
     3  with members of the public.
     4     "Local law enforcement agency."  A police department created
     5  by a municipality pursuant to statute.
     6     "State law enforcement agency."  The Pennsylvania State
     7  Police.
     8     Section 3.  The act is amended by adding sections to read:
     9  Section 3.1.  Duties of the commission relative to crime
    10                 prevention.
    11     The commission shall have the power and its duty shall be:
    12         (1)  To develop Statewide strategies to implement crime
    13     prevention programs at the State and local level.
    14         (2)  To review State agency plans to ensure the
    15     coordination of the delivery of crime prevention services.
    16         (3)  To develop, coordinate and administer basic and
    17     specialized crime prevention related training programs for
    18     State and local law enforcement agency personnel on current
    19     issues and techniques in the field of crime prevention.
    20         (4)  To provide leadership and on-site technical
    21     assistance services to State agencies and local law
    22     enforcement agencies in developing and implementing crime
    23     prevention programs.
    24         (5)  To design, develop and make available to State
    25     agencies and local law enforcement agencies the current
    26     literature, publications and basic tools appropriate for the
    27     effective implementation of crime prevention programs.
    28         (6)  To promote the involvement of community
    29     organizations in the development and implementation of crime
    30     prevention programs.
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     1         (7)  To submit, on a biennial basis, a report to the
     2     Governor and the General Assembly concerning the status of
     3     crime prevention programs throughout the State.
     4  Section 3.2.  Crime prevention financial assistance.
     5     (a)  Applications.--The commission shall solicit and receive
     6  applications from local law enforcement agencies for financial
     7  assistance to implement crime prevention programs and allocate
     8  State funds to such applicants in accordance with the provisions
     9  of applicable statutes and regulations.
    10     (b)  State Police applications.--The Pennsylvania State
    11  Police may apply for and receive financial assistance under the
    12  provisions of this section for the implementation of crime
    13  prevention programs in:
    14         (1)  an area of the Commonwealth for which the State
    15     Police serves as the principal law enforcement agency; or
    16         (2)  a municipality for which the chief of the local law
    17     enforcement agency has made a written request to the State
    18     Police to provide the principal coverage for crime prevention
    19     services.
    20     (c)  Assurances and plan.--An application for financial
    21  assistance under the provisions of this section shall contain
    22  assurances that the applicant will submit semi-annual reports on
    23  the progress of its crime prevention activities and will comply
    24  with such other requirements that the commission may reasonably
    25  adopt. The application shall also include a crime prevention
    26  services plan containing, as a minimum, all of the following
    27  elements:
    28         (1)  A description of the types of crime prevention
    29     activities proposed to be conducted by the applicant and a
    30     specification of the nature and extent of the direct
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     1     participation of community organizations in the proposed
     2     activities.
     3         (2)  A description of the nature and extent of
     4     participation by persons representing the business community
     5     in the proposed activities and a specification of those
     6     proposed activities which are intended to have an impact upon
     7     those crimes affecting the local business community.
     8         (3)  A specific identification of the nature and types of
     9     crimes upon which the proposed activities are intended to
    10     impact and the level of impact the activities are projected
    11     to achieve.
    12         (4)  A description of the geographic area within which
    13     the proposed activities will be primarily conducted.
    14     (d)  Approval of application.--The commission may not approve
    15  an application for financial assistance under this section
    16  unless:
    17         (1)  the application has been duly authorized and
    18     approved in writing by the chief executive officer of the
    19     municipality served by a local law enforcement agency
    20     applicant or by the Commissioner of the State Police in the
    21     case of a State law enforcement agency application; and
    22         (2)  the application has been reviewed and commented upon
    23     by an advisory committee composed of not less than ten
    24     residents of the municipality to be served under the
    25     application. The advisory committee referred to in this
    26     paragraph shall be appointed by the chief executive officer
    27     of the municipality served by a local law enforcement agency
    28     applicant or by the Commanding Officer of the State Police
    29     installation for the jurisdiction to be served in the case of
    30     a State law enforcement agency application and shall be
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     1     fairly representative of the interests of residents and
     2     business in the municipality.
     3     (e)  Allocation of funds.--The commission shall make
     4  available not less than 80% of the State funds appropriated
     5  annually for the administration of this section for financial
     6  assistance to State and local law enforcement agencies for the
     7  payment of up to 50% of the salaries of employees of such
     8  agencies, but not fringe benefits, overtime compensation or
     9  bonuses, for a period not to exceed two years, provided such
    10  employees:
    11         (1)  are assigned responsibility on a full-time basis for
    12     developing and implementing crime prevention programs as
    13     defined in this section in cooperation with community
    14     residents and businessmen; and
    15         (2)  have satisfactorily completed courses of instruction
    16     required by the commission and have been certified by the
    17     commission as crime prevention program specialists.
    18     (f)  Commission use of funds.--The commission may retain the
    19  balance of the State funds appropriated annually for the
    20  administration of this section for the following purposes:
    21         (1)  To pay the costs of the commission's crime
    22     prevention training programs.
    23         (2)  To underwrite the commission's procurement and
    24     distribution of crime prevention related training materials
    25     and technical equipment to State and local law enforcement
    26     agencies, but the commission may require each such agency to
    27     pay up to 50% of the cost of materials and equipment
    28     furnished to it at its request.
    29     (g)  Grant administration.--Grants of financial assistance
    30  made under this section shall be subject to the provisions of
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     1  section 3(4) and (5).
     2     Section 4.  The sum of $600,000, or as much thereof as may be
     3  necessary, is hereby specifically appropriated to the
     4  Pennsylvania Commission on Crime and Delinquency, for the fiscal
     5  year July 1, 1983 to June 30, 1984, to carry out the provisions
     6  of this act.
     7     Section 5.  This act shall take effect July 1, 1983.
















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