PRINTER'S NO. 1695
No. 1390 Session of 1985
INTRODUCED BY GRUPPO, SEMMEL, ARGALL, PUNT, D. W. SNYDER, BOOK
AND McVERRY, JUNE 10, 1985
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 1985
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 consent decrees in the case of children alleged to be
4 delinquent.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6340(a) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended and the section is amended by
9 adding a subsection to read:
10 § 6340. Consent decree.
11 (a) General rule.--At any time after the filing of a
12 petition and before the entry of an adjudication order, the
13 court may, on motion of the district attorney or of counsel for
14 the child, suspend the proceedings, and continue the child under
15 supervision in his own home, under terms and conditions
16 negotiated with the probation services and agreed to by all
17 parties affected. The order of the court continuing the child
18 under supervision shall be known as a consent decree. Where
1 supervision is ordered under a consent decree in the case of a
2 child alleged to be delinquent on the basis of a violation of
3 section 13(a)(31) of the act of April 14, 1972 (P.L.233, No.64),
4 known as The Controlled Substance, Drug, Device and Cosmetic
5 Act, or for nonpayment of a fine imposed by the minor judiciary
6 for a violation of 18 Pa.C.S. § 6308 (relating to purchase,
7 consumption, possession or transportation of intoxicating
8 beverages) or 75 Pa.C.S. § 3715 (relating to restriction on
9 alcoholic beverages), the terms and conditions of the consent
10 decree shall include the successful completion of a court-
11 approved alcohol or drug or alcohol and drug education and
12 counseling program, a provision of which program shall include
13 payment by the person of costs and a reasonable charge for the
14 administration of the program.
15 * * *
16 (f) Definition.--As used in this section the term "court-
17 approved alcohol or drug or alcohol and drug education and
18 counseling program" means a drug and alcohol program which meets
19 the following minimum requirements:
20 (1) Is no less than 15 hours in duration.
21 (2) Limits group size to 12 participants.
22 (3) Requires attendance at all sessions.
23 (4) Has received approval from the court of common pleas
24 of the judicial district in which the office of the district
25 justice is located.
26 Section 2. This act shall take effect in 60 days.
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