PRINTER'S NO. 58
No. 69 Session of 1991
INTRODUCED BY KUKOVICH, COHEN, CALTAGIRONE, COWELL, PISTELLA,
GEIST, LESCOVITZ, NAILOR, HAYDEN, GODSHALL, TRELLO, BELFANTI,
VAN HORNE, LANGTRY, LEVDANSKY, CLARK, E. Z. TAYLOR, FOX,
STEIGHNER, ANGSTADT, PHILLIPS, ITKIN, M. N. WRIGHT, PESCI,
MAIALE, McGEEHAN, G. SNYDER, HUGHES, JOHNSON, SCRIMENTI,
FARGO, CARLSON, RICHARDSON, MIHALICH, HERMAN, JOSEPHS,
HALUSKA, STISH, MAYERNIK, PRESTON, MICHLOVIC, MELIO, ROBINSON
AND STURLA, JANUARY 15, 1991
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 15, 1991
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; and providing for
7 technical and financial assistance to law enforcement
8 agencies.
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
1 system, State and local governments, and private citizens alike;
2 (c) the establishment of appropriate goals, objectives and
3 standards for the reduction of crime and delinquency and for the
4 administration of justice must be a priority concern;
5 (d) the functions of the criminal justice system must be
6 coordinated more efficiently and effectively;
7 (e) the full and effective use of resources affecting State
8 and local criminal justice systems requires the complete
9 cooperation of State and local government agencies; [and]
10 (f) training, research, evaluation, technical assistance and
11 public education activities must be encouraged and focused on
12 the improvement of the criminal justice system and the
13 generation of new methods for the prevention and reduction of
14 crime and delinquency[.];
15 (g) the efforts of law enforcement to combat the incidence
16 of crime are enhanced substantially when communities take steps
17 to reduce the opportunity for crime through effective police
18 leadership in crime prevention planning, public education and
19 the responsible organization of community resources; and
20 (h) it is in the public interest for the Commonwealth to
21 establish a central crime prevention program to provide
22 leadership and technical and financial assistance to law
23 enforcement agencies to develop and maintain community crime
24 prevention initiatives.
25 Section 2. Section 1 of the act, amended April 30, 1986
26 (P.L.125, No.38), is amended to read:
27 Section 1. Definitions.
28 The following words and phrases when used in this act shall
29 have, unless the context clearly indicates otherwise, the
30 meanings given to them in this section:
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1 "Citizens advisory committee." A group of not less than ten
2 private citizens from a municipality whose duty shall be to
3 assist the servicing law enforcement agency in developing its
4 crime prevention program.
5 "Commission." The Pennsylvania Commission on Crime and
6 Delinquency.
7 "Crime prevention." The elimination or reduction of the
8 opportunity for criminal activity through the initiatives of
9 agencies of State and local government undertaken in cooperation
10 with members of the public.
11 "Governing body." The council in cities, boroughs and
12 incorporated towns, the board of commissioners in townships of
13 the first class, the board of supervisors in townships of the
14 second class, the legislative policymaking body in counties and
15 home rule municipalities or other general purpose units of
16 government which may be created by the General Assembly,
17 including councils of government organized pursuant to the act
18 of July 12, 1972 (P.L.762, No.180), referred to as the
19 Intergovernmental Cooperation Law.
20 "Local law enforcement agency." A law enforcement agency
21 created by a municipality pursuant to statute.
22 "Municipality." Every city, borough, county, incorporated
23 town, township and home rule municipality or other general
24 purpose unit of government which may be created by the General
25 Assembly, including councils of government organized pursuant to
26 the act of July 12, 1972 (P.L.762, No.180), referred to as the
27 Intergovernmental Cooperation Law.
28 "Private citizen." An individual who is not an elected or
29 appointed official in a branch of government of the United
30 States, the Commonwealth or a political subdivision.
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1 "State law enforcement agency." The Pennsylvania State
2 Police.
3 Section 3. The act is amended by adding sections to read:
4 Section 3.1. Duties of the commission relative to crime
5 prevention.
6 The commission shall have the power and its duty shall be:
7 (1) To develop Statewide strategies to implement crime
8 prevention programs at the State and local level.
9 (2) To review State agency plans to ensure the
10 coordination of the delivery of crime prevention services.
11 (3) To develop, coordinate and administer crime
12 prevention-related training programs for State and local law
13 enforcement agency personnel on current issues and techniques
14 in the field of crime prevention.
15 (4) To provide leadership and on-site technical
16 assistance services to State agencies and local law
17 enforcement agencies in developing and implementing crime
18 prevention programs.
19 (5) To assure the design, development and availability
20 of crime prevention materials.
21 (6) To promote the involvement of community
22 organizations in the development and implementation of crime
23 prevention programs.
24 (7) To submit, on a biennial basis, a report to the
25 Governor and the General Assembly concerning the status of
26 crime prevention programs throughout the State.
27 Section 3.2. Crime prevention financial assistance.
28 (a) Applications.--The commission shall solicit and receive
29 applications from local law enforcement agencies for financial
30 assistance to implement crime prevention programs and allocate
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1 State funds to such applicants in accordance with the provisions
2 of applicable statutes and regulations.
3 (b) Pennsylvania State Police applications.--The
4 Pennsylvania State Police may apply for and receive financial
5 assistance under the provisions of this section for crime
6 prevention programs implemented in those areas of the
7 Commonwealth for which the Pennsylvania State Police serves as
8 the principal law enforcement agency.
9 (c) Assurances and plan.--An application for financial
10 assistance under the provisions of this section shall contain
11 assurances that the applicant will submit semiannual reports on
12 the progress of its crime prevention activities and will comply
13 with such other requirements that the commission may reasonably
14 adopt. The application shall also include a crime prevention
15 services plan containing, as a minimum, all of the following
16 elements:
17 (1) A project plan which includes a goal statement,
18 specific project objectives, a project budget statement, a
19 description of the quantity and type of resource materials
20 needed and a project evaluation methodology.
21 (2) A description of the types of crime prevention
22 activities proposed to be conducted by the applicant and a
23 specification of the nature and extent of the direct
24 participation of community organizations in the proposed
25 activities.
26 (3) A description of the nature and extent of
27 participation by persons representing the business community
28 in the proposed activities and a specification of those
29 proposed activities which are intended to have an impact upon
30 crimes affecting the local business community.
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1 (4) A specific identification of the nature and types of
2 crimes upon which the proposed activities are intended to
3 impact and the level of impact the activities are projected
4 to achieve.
5 (5) A description of the geographic area within which
6 the proposed activities will be primarily conducted.
7 (d) Approval of application.--The commission may not approve
8 an application for financial assistance under this section
9 unless:
10 (1) the application has been duly authorized and
11 approved in writing by the governing body of the municipality
12 served by a local law enforcement agency applicant or by the
13 Commissioner of the Pennsylvania State Police in the case of
14 a State law enforcement agency application; and
15 (2) the application has been reviewed and commented upon
16 by an advisory committee composed of not less than ten
17 residents of the municipality to be served under the
18 application. The advisory committee referred to in this
19 paragraph shall be appointed by the governing body of the
20 municipality served by a local law enforcement agency
21 applicant or by the Commanding Officer of the Pennsylvania
22 State Police installation for the jurisdiction to be served
23 in the case of a State law enforcement agency application and
24 shall be fairly representative of the interests of residents
25 and business in the municipality.
26 (e) Allocation of funds.--The commission shall make
27 available not less than 80% of the State funds appropriated
28 annually for the administration of this section for financial
29 assistance to State and local enforcement agencies for the
30 support of municipal, county or regional crime prevention
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1 projects. The funds shall be used to pay 50% of an individual
2 project's cost, provided such projects are operated under the
3 guidance of a law enforcement officer or other governmental
4 employee, who has successfully completed those courses of
5 instruction required by the commission. No one project would be
6 eligible to receive more than three years of funding. The
7 remaining 50% of a project's funding must come from local
8 resources, except that the commission may lower this requirement
9 where the crime prevention program is part of a local economic
10 development initiative and a lower match is deemed necessary for
11 project implementation. Individual counties or groups of
12 counties acting in concert may apply for funding to support
13 countywide or regional crime prevention plans.
14 (f) Commission use of funds.--The commission may retain the
15 balance of the State funds appropriated annually for the
16 operation of a centralized crime prevention program and
17 administration of the financial assistance requirements
18 contained in this section.
19 (g) Grant administration.--Grants of financial assistance
20 made under this section shall be subject to the provisions of
21 section 3(4) and (5).
22 Section 4. This act shall take effect July 1, 1991.
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