PRINTER'S NO. 2715
No. 2182 Session of 1993
INTRODUCED BY FEE, STABACK, HALUSKA, FARMER, JAROLIN, GRUITZA,
TIGUE, SEMMEL, GAMBLE, MIHALICH, HASAY, GEIST, COLAIZZO,
TRICH, CAWLEY, GERLACH, COLAFELLA, LAUGHLIN, TRELLO, MELIO,
LEDERER AND COY, NOVEMBER 22, 1993
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 22, 1993
AN ACT
1 Providing for the establishment of a Youthful Offender System
2 within the Department of Corrections as an alternative
3 sentencing option for certain delinquent juveniles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Youthful
8 Offender Alternative Sentencing Act.
9 Section 2. Legislative intent.
10 It is the intent of the General Assembly that the Youthful
11 Offender System shall benefit the State by providing as a
12 sentencing alternative for certain youthful offenders a
13 controlled and regimented environment that affirms dignity of
14 self and others, promotes the value of work and self-discipline
15 and develops useful skills and abilities through enriched
16 programming.
17 Section 3. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 "Secretary." The Secretary of Corrections of the
7 Commonwealth.
8 "System." The Youthful Offender System established by the
9 Department of Corrections in section 4.
10 "Youthful offender." A dangerous juvenile offender as
11 defined in 42 Pa.C.S. § 6302 (relating to definitions).
12 Section 4. Youthful Offender System.
13 (a) Establishment.--The department shall develop and
14 implement a Youthful Offender System for offenders. The system
15 shall be under the direction and control of the secretary.
16 (b) System components.--The system shall be based on all of
17 the following criteria:
18 (1) The system should provide for teaching youthful
19 offenders self-discipline by providing clear consequences for
20 inappropriate behavior.
21 (2) The system should include a daily regimen that
22 involves youthful offenders in physical training, self-
23 discipline exercises, educational and work programs and
24 meaningful interaction with a component for a tiered system
25 for swift and strict discipline for noncompliance.
26 (3) The system should use staff models and mentors to
27 promote within a youthful offender the development of
28 socially accepted attitudes and behaviors.
29 (4) The system should provide offenders with instruction
30 on problem-solving skills and should incorporate methods to
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1 reinforce the use of cognitive behavior strategies that
2 change youthful offenders' orientation toward criminal
3 thinking and behavior.
4 (5) The system should promote among youthful offenders
5 the creation and development of new group cultures which
6 result in the application of positive peer influence which
7 promotes behavioral change.
8 (6) The system should provide youthful offenders the
9 opportunity to gradually reenter the community while
10 demonstrating the capacity for self-discipline and the
11 attainment of respect for the community.
12 (c) Staff.--The secretary shall have final approval on the
13 hiring and transferring of staff for the system. In staffing the
14 system, the secretary shall select persons who are trained in
15 the treatment of juveniles or will be trained in the treatment
16 of juveniles prior to working with such juveniles, are trained
17 to act as role models and mentors and are best equipped to
18 enable the system to meet the purposes of this act. The
19 secretary shall make a recommendation to the Secretary of
20 Administration regarding the classification of positions with
21 the system, taking into account the level of education and
22 training required for such positions.
23 (d) Parole supervision.--The system shall provide for parole
24 supervision which shall consist of highly structured
25 surveillance and monitoring and educational and treatment
26 programs.
27 Section 5. Transfers.
28 (a) Transfer.--The department shall implement a procedure
29 for the transfer of a youthful offender to another facility for
30 vocational or training services or when a youthful offender in
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1 the system poses a danger to himself or others and has attained
2 18 years of age.
3 (b) Return to court.--The department shall implement a
4 procedure for returning youthful offenders who cannot
5 successfully complete the sentence to the system to the
6 sentencing court for disposition.
7 Section 6. Departmental duties.
8 (a) Rules and regulations.--The department shall promulgate
9 rules and regulations for the system.
10 (b) Numbers.--The number of youthful offenders in any
11 program element under the system shall be determined by the
12 department within available appropriations.
13 (c) Contracts.--The department may contract with any private
14 or public entity for the provision of services and facilities
15 under the system.
16 (d) Report.--On or before January 1, 1996, the department
17 shall submit a report to the Governor and the General Assembly
18 concerning the system that includes, but is not limited to, the
19 following:
20 (1) The specific content and structure of the programs
21 for youthful offenders in the system, including staffing
22 ratios for each program, a description of the daily routine
23 of youthful offenders that includes the amount of youthful
24 offenders' time that is allocated to each program and an
25 explanation of how the programs are related.
26 (2) The process used for transition to parole
27 supervision, whether youthful offenders may be returned to
28 their original environmental for the parole period, the
29 specific means of parole supervision and the specific
30 educational and treatment programs provided to youthful
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1 offenders during their parole period.
2 (3) The procedure for transferring a youthful offender
3 to another facility for vocational or training services or
4 when a youthful offender poses a danger to himself or others
5 and identification of the facilities used for such purposes.
6 (4) The specific criteria and procedures for determining
7 successful completion of the programs in the system, for
8 determining whether a youthful offender cannot successfully
9 complete the sentence and for revocation of parole.
10 Section 7. Records of district attorney.
11 Each district attorney shall maintain records regarding
12 juveniles who are sentenced to the system. The records shall
13 indicate which juveniles have been charged as adults or are
14 sentenced to the system and the offenses committed by such
15 juveniles.
16 Section 8. Effective date.
17 This act shall take effect in 60 days.
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