THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EACHUS, BOBACK, BOYLE, CARROLL, D. COSTA, DALLY, GOODMAN, JOHNSON, McCALL, MELIO, MUNDY, MURPHY, PASHINSKI, PAYTON, SIPTROTH, WALKO, WANSACZ, YUDICHAK, BRIGGS AND WATERS, JUNE 10, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 25, 2009   

AN ACT

Establishing a joint legislative, executive and judicial

commission on juvenile justice.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Interbranch

Commission on Juvenile Justice Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  Recent events involving the actions of several

judges individuals in Luzerne County with respect to juvenile

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delinquency proceedings require a noncriminal investigation

and review of the operations of the juvenile justice system

in that county.

(2)  These events may have violated the principles in the

Pennsylvania Constitution and State law and have eroded the

trust and confidence in Luzerne County's juvenile justice

system.

(3)  Therefore, the legislative, judicial and executive

branches of State government shall undertake a joint 

noncriminal investigation and review to:

(i)  ascertain how the Luzerne County juvenile

justice system failed;

(ii)  restore public confidence in the administration

of justice; and

(iii)  prevent similar events from occurring.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The Interbranch Commission on Juvenile Justice

established in section 4.

"Public employee."  The term shall have the same meaning as

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given to it in 65 Pa.C.S. § 1102 (relating to definitions).

"Public official."  The term shall have the same meaning

given to it in 65 Pa.C.S. § 1102 (relating to definitions).

Section 4.  Commission.

(a)  Establishment.--The Interbranch Commission on Juvenile

Justice is established.

(b)  Membership.--The commission shall consist of the

following members, appointed within 15 25 days of the effective

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date of this section:

(1)  Four members appointed by the Chief Justice of the

Supreme Court of Pennsylvania. One of the members must have

served on the Juvenile Court Judges' Commission.

(2)  Four members knowledgeable and experienced in

juvenile law or providing services to juveniles who are not

members of the General Assembly. One member shall be

appointed by each of the following:

(i)  The President pro tempore of the Senate.

(ii)  The Minority Leader of the Senate.

(iii)  The Speaker of the House of Representatives.

(iv)  The Minority Leader of the House of

Representatives.

(3)  Three members appointed by the Governor. One member

under this paragraph must be a member of the general public.

One member under this paragraph must be a member of the

Coalition of Pennsylvania Crime Victim Organizations who is

directly involved in providing services to victims associated

with juvenile crime in a county.

(c)  Chairperson.--The Chief Justice shall select the

chairperson of the commission.

(d)  Quorum and voting.--

(1)  The physical presence of six members constitutes a

quorum.

(2)  Action of the commission must be authorized or

ratified by majority vote of participating members members of

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the commission.

(e)  Participation.--A member not physically present may

participate by teleconference or video conference.

(f)  Meetings.--The following shall apply:

(1)  The commission shall meet at least once a month.

Additional meetings may be called by the chairperson as

necessary. The chairperson shall schedule a meeting upon

written request of four members of the commission.

(2)  The first meeting shall be convened within 45 days

of the effective date of this section.

(3)  The commission shall hold public hearings as

necessary to obtain the information required to conduct the

investigation and review under section 5.

(g)  Expenses.--Members shall not receive compensation but

shall be reimbursed for expenses incurred in service of the

commission.

(h)  Support.--

(1)  The Administrative Office of Pennsylvania Courts

shall provide administrative services to the commission.

(2)  Upon request, the Pennsylvania Commission on Crime

and Delinquency and the Joint State Government Commission

shall provide administrative assistance to the commission.

(3)  The Juvenile Court Judges' Commission may provide

analyses, reports and recommendations to the commission.

Section 5.  Functions of commission.

(a)  Powers.--The commission has the following powers:

(1)  To investigate and analyze the events, practices,

processes, procedures and other authority in Luzerne County

involving judges, attorneys, county officials public

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officials, public employees, probation and parole officers

and providers of juvenile services.

(2)  To review the procedures, practices and rules

relating to the appointment of counsel to represent juvenile

offenders and the exercise of the right to counsel in Luzerne

County.

(3)  To review the exercise of authority and abuse of

power with regard to the disposition and placement of

juveniles in Luzerne County.

(4)  To review procedures used in responding to judicial

and attorney conduct and to make recommendations as necessary

with respect to both disciplinary systems.

(5)  To review the oversight of juvenile detention

facilities and investigate the utilization of facilities in

Luzerne County.

(6)  To hold public hearings for the taking of testimony

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and the requesting of documents. The commission shall have

the power to issue subpoenas under the hand and seal of its

chair commanding any person to appear before it and answer

questions touching matters properly being inquired into by

the commission, and to produce any books, papers, records,

documents and data and information produced and stored by any

electronic data processing system as the commission deems

necessary. The subpoenas may be served upon any person and

shall have the force and effect of subpoenas issued out of

the courts of this Commonwealth. Any person who willfully

neglects or refuses to testify before the commission or to

produce any books, papers, records, documents or data and

information produced and stored by any electronic data

processing system shall be subject to the penalties provided

by the laws of this Commonwealth in such case. The

chairperson of the commission shall have the power to

administer oaths and affirmations to witnesses appearing

before the commission. The commission may also cause the

deposition of witnesses either residing within or without

this Commonwealth to be taken in the manner prescribed by law

for taking depositions in civil actions.

(b)  Duties.--The commission has the following duties:

(1)  To accept and review written comments from

individuals and organizations.

(2)  To make, by May 31, 2010, recommendations to the

Governor, the Supreme Court, the Senate and the House of

Representatives based on the investigation of issues under

subsection (a). This paragraph includes recommendations:

(i)  To improve the juvenile justice system.

(ii)  To prevent the reoccurrence of events similar

to those identified in section 2.

(iii)  To change to State statutes and State and

local practices, rules, policies and procedures.

(3)  To make reports as follows:

(i)  The commission may file status reports and

updates with the Governor, the Supreme Court, the Senate

and the House of Representatives as it deems appropriate.

(ii)  The commission shall issue a final report by

May 31, 2010.

(iii)  A report under this paragraph must be adopted

at a public meeting.

(iv)  A report under this paragraph shall be a public

record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

Section 19.  Expiration.

This act shall expire June 30, 2010.

Section 20.  Effective date.

This act shall take effect immediately.