PRINTER'S NO. 3008

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2393 Session of 1993


        INTRODUCED BY STRITTMATTER, STURLA, SCHULER, ARMSTRONG, TRUE,
           BARLEY, HERSHEY, SCHEETZ, PITTS, FAIRCHILD, DEMPSEY, DeLUCA,
           COY, KENNEY, SEMMEL, FARMER, CESSAR, BUXTON, CARONE,
           PHILLIPS, VANCE, HENNESSEY, BUNT, GEIST, TOMLINSON, SURRA,
           FREEMAN, BELFANTI, KING, VEON, BATTISTO, SAYLOR, CLARK,
           PLATTS, SAURMAN, DRUCE, DALEY, NICKOL, MERRY, GORDNER,
           HUTCHINSON, ROONEY, FAJT, HARLEY, GERLACH AND RAYMOND,
           DECEMBER 15, 1993

        REFERRED TO COMMITTEE ON AGING AND YOUTH, DECEMBER 15, 1993

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for the
     3     disposition of delinquent children.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6352(a) of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a paragraph to read:
     8  § 6352.  Disposition of delinquent child.
     9     (a)  General rule.--If the child is found to be a delinquent
    10  child the court may make any of the following orders of
    11  disposition best suited to his treatment, supervision,
    12  rehabilitation, and welfare:
    13         * * *
    14         (7)  If a child has been determined by the court to be a
    15     dangerous juvenile offender, commit the child to a specially


     1     designated institution or facility operated or approved by
     2     the Department of Public Welfare for long-term placement
     3     unless the court determines for good cause shown that the
     4     commitment would not be consistent with the protection of the
     5     public and the rehabilitation needs of the offender. Where
     6     the court determines that commitment of a dangerous juvenile
     7     offender under this paragraph would not be consistent with
     8     the protection of the public and the rehabilitation needs of
     9     the offender and the reasons for the finding are entered on
    10     the record, the court may make any order of commitment
    11     permitted under this section. A dangerous juvenile offender
    12     committed to an institution or other facility under this
    13     paragraph shall initially be committed for a period of time
    14     up to the maximum sentence to which he would have been
    15     sentenced by the court had he been convicted of the same
    16     offense as an adult or until he attains 21 years of age,
    17     whichever is less. However, the initial commitment may be
    18     extended or modified in accordance with section 6353
    19     (relating to limitation on and change in place of commitment)
    20     as long as no offender over 21 years of age is committed or
    21     remains under the jurisdiction of the court. The costs and
    22     expenses related to the commitment and maintenance of
    23     dangerous juvenile offenders in the specially designated
    24     institutions or facilities operated or approved by the
    25     Department of Public Welfare shall be borne by the
    26     Commonwealth. The department shall develop and operate or
    27     regulate the development and operation of institutions and
    28     facilities as necessary to receive and maintain all dangerous
    29     juvenile offenders committed under this paragraph.
    30     * * *
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     1     Section 2.  This act shall take effect in 60 days.




















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