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                                                       PRINTER'S NO. 243

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 201 Session of 2007


        INTRODUCED BY KASUNIC, GREENLEAF, STOUT, BOSCOLA, STACK,
           FONTANA, KITCHEN, RHOADES AND WAUGH, MARCH 7, 2007

        REFERRED TO JUDICIARY, MARCH 7, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, authorizing disposition
     3     of delinquent children to motivational boot camps.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6352 of Title 42 of the Pennsylvania
     7  Consolidated Statutes, amended November 30, 2004 (P.L.1703,
     8  No.217), is amended to read:
     9  § 6352.  Disposition of delinquent child.
    10     (a)  General rule.--If the child is found to be a delinquent
    11  child the court may make any of the following orders of
    12  disposition determined to be consistent with the protection of
    13  the public interest and best suited to the child's treatment,
    14  supervision, rehabilitation and welfare, which disposition
    15  shall, as appropriate to the individual circumstances of the
    16  child's case, provide balanced attention to the protection of
    17  the community, the imposition of accountability for offenses
    18  committed and the development of competencies to enable the

     1  child to become a responsible and productive member of the
     2  community:
     3         (1)  Any order authorized by section 6351 (relating to
     4     disposition of dependent child).
     5         (2)  Placing the child on probation under supervision of
     6     the probation officer of the court or the court of another
     7     state as provided in section 6363 (relating to ordering
     8     foreign supervision), under conditions and limitations the
     9     court prescribes.
    10         (3)  Committing the child to an institution, youth
    11     development center, camp, motivational boot camp or other
    12     facility for delinquent children operated under the direction
    13     or supervision of the court or other public authority and
    14     approved by the Department of Public Welfare.
    15         (4)  If the child is 12 years of age or older, committing
    16     the child to an institution or motivational boot camp
    17     operated by the Department of Public Welfare.
    18         (5)  Ordering payment by the child of reasonable amounts
    19     of money as fines, costs, fees or restitution as deemed
    20     appropriate as part of the plan of rehabilitation considering
    21     the nature of the acts committed and the earning capacity of
    22     the child, including a contribution to a restitution fund.
    23     The president judge of the court of common pleas shall
    24     establish a restitution fund for the deposit of all
    25     contributions to the restitution fund which are received or
    26     collected. The president judge of the court of common pleas
    27     shall promulgate written guidelines for the administration of
    28     the fund. Disbursements from the fund shall be made, subject
    29     to the written guidelines and the limitations of this
    30     chapter, at the discretion of the president judge and used to
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     1     reimburse crime victims for financial losses resulting from
     2     delinquent acts. For an order made under this subsection, the
     3     court shall retain jurisdiction until there has been full
     4     compliance with the order or until the delinquent child
     5     attains 21 years of age. Any restitution order which remains
     6     unpaid at the time the child attains 21 years of age shall
     7     continue to be collectible under section 9728 (relating to
     8     collection of restitution, reparation, fees, costs, fines and
     9     penalties).
    10         (6)  An order of the terms of probation may include an
    11     appropriate fine considering the nature of the act committed
    12     or restitution not in excess of actual damages caused by the
    13     child which shall be paid from the earnings of the child
    14     received through participation in a constructive program of
    15     service or education acceptable to the victim and the court
    16     whereby, during the course of such service, the child shall
    17     be paid not less than the minimum wage of this Commonwealth.
    18     In ordering such service, the court shall take into
    19     consideration the age, physical and mental capacity of the
    20     child and the service shall be designed to impress upon the
    21     child a sense of responsibility for the injuries caused to
    22     the person or property of another. The order of the court
    23     shall be limited in duration consistent with the limitations
    24     in section 6353 (relating to limitation on and change in
    25     place of commitment) and in the act of May 13, 1915 (P.L.286,
    26     No.177), known as the Child Labor Law. The court order shall
    27     specify the nature of the work, the number of hours to be
    28     spent performing the assigned tasks, and shall further
    29     specify that as part of a plan of treatment and
    30     rehabilitation that up to 75% of the earnings of the child be
    20070S0201B0243                  - 3 -     

     1     used for restitution in order to provide positive
     2     reinforcement for the work performed.
     3  In selecting from the alternatives set forth in this section,
     4  the court shall follow the general principle that the
     5  disposition imposed should provide the means through which the
     6  provisions of this chapter are executed and enforced consistent
     7  with section 6301(b) (relating to purposes) and when confinement
     8  is necessary, the court shall impose the minimum amount of
     9  confinement that is consistent with the protection of the public
    10  and the rehabilitation needs of the child.
    11     (b)  Limitation on place of commitment.--A child shall not be
    12  committed or transferred to a penal institution or other
    13  facility used primarily for the execution of sentences of adults
    14  convicted of a crime.
    15     Section 2.  This act shall take effect in 60 days.










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