SENATE AMENDED

 

PRIOR PRINTER'S NOS. 1178, 1710

PRINTER'S NO.  4060

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

135

Session of

2011

  

  

INTRODUCED BY SABATINA, CALTAGIRONE, CARROLL, P. COSTA, CRUZ, FABRIZIO, HARHAI, JOSEPHS, W. KELLER, KORTZ, MURPHY, MURT, MYERS, M. O'BRIEN, PAYTON, PRESTON, READSHAW, K. SMITH, WATERS AND DAVIDSON, MARCH 17, 2011

  

  

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 24, 2012   

  

  

  

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

further providing for definitions, for the Pennsylvania

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7

Commission on Crime and Delinquency, for powers and duties of

8

the commission, for duties of the commission relative to

9

criminal statistics, for duties of public agencies and

10

officers in reporting criminal statistics, for the Juvenile

11

Justice and Delinquency Prevention Committee, for powers and

12

duties of the Juvenile Justice and Delinquency Prevention

13

Committee, for Targeted Community Revitalization and Crime

14

Prevention Advisory Committee and for powers and duties of

15

Targeted Community Revitalization and Crime Prevention

16

Advisory Committee; and providing for justice reinvestment

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17

grants.

18

The General Assembly of the Commonwealth of Pennsylvania

19

hereby enacts as follows:

20

Section 1.  Section 2(b), (c), (c.1), (d) and (l) of the act

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21

of November 22, 1978 (P.L.1166, No.274), referred to as the

22

Pennsylvania Commission on Crime and Delinquency Law, amended

23

December 17, 1981 (P.L.429, No.134) and June 22, 2001 (P.L.396,

 


1

No.30), are amended and the section is amended by adding a

2

subsection to read:

3

Section 1.  Section 1 of the act of November 22, 1978

<--

4

(P.L.1166, No.274), referred to as the Pennsylvania Commission

5

on Crime and Delinquency Law, amended April 30, 1986 (P.L.125,

6

No.38) and December 6, 2002 (P.L.1180, No.146), is amended to

7

read:

8

Section 1.  Definitions.

9

The following words and phrases when used in this act shall

10

have, unless the context clearly indicates otherwise, the

11

meanings given to them in this section:

12

"Commission."  The Pennsylvania Commission on Crime and

13

Delinquency.

14

"Fund."  The Justice Reinvestment Fund established under

15

section 8.1(a).

16

"Innovative policing."  The term shall include all of the

17

following:

18

(1)  Activities to obtain accreditation of municipal

19

police departments.

20

(2)  Online training of law enforcement officers.

21

(3)  County and regional law enforcement data-sharing

22

initiatives.

23

(4)  Strategies to combat crime and gang activity,

24

including intervention, enforcement, technology, analytical

25

capacity and community policing.

26

"Mid-minimum offender."  An offender who at the time of

27

sentencing has at least one but not more than two years

28

remaining to be served to reach the offender's minimum sentence,

29

including any applicable recidivism risk reduction incentive

30

minimum sentence imposed.

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1

"Offender diversion."  Evidence-based strategies to reduce

2

the number of short-minimum and mid-minimum offenders committed

3

to the Department of Corrections.

4

"Private citizen."  An individual who is not an elected or

5

appointed official in a branch of government of the United

6

States, the Commonwealth or a political subdivision.

7

"Short-minimum offender."  An offender who at the time of

8

sentencing has less than one year remaining to be served to

9

reach the offender's minimum sentence, including any applicable

10

recidivism risk reduction incentive minimum sentence imposed.

11

"Targeted community."  A city, township or municipality

12

currently receiving funding from the Pennsylvania Commission on

13

Crime and Delinquency to provide support to law enforcement and

14

community partnerships to develop comprehensive, targeted crime

15

prevention efforts and a planning process for the revitalization

16

of high-crime and distressed communities; a city, township or

17

municipality designated by the commission to receive such

18

funding; or a city, township or municipality eligible to seek

19

such funding from the commission under criteria developed by the

20

Targeted Community Revitalization and Crime Prevention Advisory

21

Committee.

22

Section 1.1.  Section 2(b), (c), (c.1), (d), (e), (l) and (m)

23

of the act, amended December 17, 1981 (P.L.429, No.134), April

24

30, 1986 (P.L.125, No.38) and June 22, 2001 (P.L.396, No.30),

25

are amended to read:

26

Section 2.  Pennsylvania Commission on Crime and Delinquency.

27

* * *

28

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

29

following members:

30

(1)  The Attorney General.

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1

(2)  [The Chief Justice of the Supreme Court of

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2

Pennsylvania] A justice of the Supreme Court of Pennsylvania

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3

or a judge of the Superior Court of Pennsylvania.

4

(3)  The Court Administrator of Pennsylvania.

5

(4)  A judge of a court of common pleas, appointed under

<--

6

subsection (c).

7

(5)  Commissioner of State Police.

8

(6)  The majority chairmen of the House and Senate

9

[Majority] Appropriations Committees.

10

(7)  The chairman of the Juvenile Justice and Delinquency

11

Prevention Committee.

12

(8)  Four members of the General Assembly, of whom one

13

shall be designated by, and serve at the pleasure of the

14

President pro tempore of the Senate, one by the Minority

15

Leader of the Senate, one by the Speaker of the House of

16

Representatives and one by the Minority Leader of the House

17

of Representatives.

18

(9)  Seven members appointed by the Governor, one

19

representative of local law enforcement agencies, one

20

representative of local correctional facilities, one

21

representative of local elected officials, one district

22

attorney representative, one representative of county

23

sheriffs, one representative of a local victims' service

24

agency and one representative of county commissioners.

25

[(10)  Seven private citizens appointed by the Governor,

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26

at least two of which serve on the Juvenile Justice and

27

Delinquency Prevention Committee.]

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28

(11)  Secretary of Corrections.

29

(12)  The Victim Advocate.

30

(13)  Secretary of Public Welfare.

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1

(14)  Secretary of Education.

2

(15)  Secretary of Health.

3

(16)  Chairman of the Board of Probation and Parole.

4

(17)  Executive Director of the Juvenile Court Judges'

5

Commission.

6

(17.1)  Executive Director of the Pennsylvania Commission

7

on Sentencing.

8

(17.2)  Secretary of Drug and Alcohol Programs.

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9

(18)  Such additional members appointed by the Governor

10

as are necessary to implement programs authorized by State

11

and Federal law.

12

(c)  Judicial [appointment] appointments.--

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13

(1)  The judge of a court of common pleas shall be

14

appointed by the Governor from a list of no less than three

15

nominees for each position submitted by the Chief Justice.

16

(2)  If the Chief Justice cannot or does not choose to

17

serve, an Associate Justice of the Supreme Court of

18

Pennsylvania shall be appointed by the Governor from a list

19

of no less than three nominees submitted by the Chief

20

Justice.

21

(3)  If the Court Administrator cannot or does not choose

22

to serve, another appropriate judicial administrative officer

23

of the State shall be appointed by the Governor from a list

24

of no less than three nominees submitted by the Chief

25

Justice.

26

(c)  Judicial [appointment] appointments.--[The judge of a

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27

court of common pleas shall be appointed by the Governor from a

28

list of no less than three nominees for each position submitted

29

by the Chief Justice. If the Chief Justice cannot or does not

30

choose to serve, an Associate Justice of the Supreme Court of

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1

Pennsylvania shall be appointed by the Governor from a list of

2

no less than three nominees submitted by the Chief Justice. If

3

the Court Administrator cannot or does not choose to serve,

4

another appropriate judicial administrative officer of the State

5

shall be appointed by the Governor from a list of no less than

6

three nominees submitted by the Chief Justice.]

7

(1)  The judge of a court of common pleas shall be

8

appointed by the Chief Justice.

9

(2)  The Chief Justice shall appoint a justice of the

10

Supreme Court of Pennsylvania or a judge of the Superior

11

Court of Pennsylvania.

12

(3)  If the Court Administrator cannot serve, the Chief

13

Justice shall appoint another appropriate judicial

14

administrative officer of the State.

15

[(c.1)  Appropriations chairmen alternates.--The chairman of

16

the House Majority Appropriations Committee and the chairman of

17

the Senate Majority Appropriations Committee may authorize, in

18

writing, a named member of the committee to serve in his stead

19

on the commission.]

20

(c.2)  Delegates.--The Attorney General, Chief Justice, judge

<--

21

of a court of common pleas and any member of the Cabinet or the

22

General Assembly who is a member of the commission may delegate

23

one of their employees to represent the member at meetings of

24

the commission, who may lawfully vote and otherwise act on

25

behalf of the member. The delegation must be in writing and

26

delivered to the chairman prior to the start of the meeting.

27

(d)  Term of office.--[Except for the Attorney General, the

28

Chief Justice, Court Administrator of Pennsylvania courts and

29

Commissioner of the Pennsylvania State Police, Commissioner of

30

Correction, the chairmen of the House and Senate Majority

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1

Appropriations Committees and the four other members of the

2

General Assembly, members]

3

(1)  Members appointed under subsection (b)(9), (10) and

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4

(18) shall serve for a four-year term, and may be appointed

5

for no more than one additional consecutive term. The terms

6

of those members who serve by virtue of the public office

7

they hold shall be concurrent with their service in the

8

office from which they derive their membership.

9

(2)  The term of the chairman of the Juvenile [Advisory] 

10

Justice and Delinquency Prevention Committee shall be

11

concurrent with his service as chairman of that committee.

12

(e)  Vacancies.--Should any member cease to be an officer or

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13

employee of the agency he is appointed to represent [or cease to

14

be a private citizen], his membership on the commission shall

15

terminate immediately and a new member shall be appointed in the

16

same manner as his predecessor to fill the unexpired portion of

17

a term. Other vacancies occurring, except those by the

18

expiration of a term, shall be filled for the balance of the

19

unexpired term in the same manner as the original appointment.

20

* * *

21

[(l)  Advisory committees.--The commission may establish such

22

advisory committees, in addition to those provided for in this

23

act, as it deems advisable but only the commission may set

24

policy or take other official action. Members of advisory

25

committees shall serve without compensation but may be

26

reimbursed for necessary travel and other expenses in accordance

27

with applicable law and regulations.]

28

(m)  Meetings.--All meetings of the commission and of its

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29

advisory committees, at which formal action is taken, shall

30

conform to [the act of July 19, 1974 (P.L.486, No.175), referred

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1

to as the Public Agency Open Meeting Law] 65 Pa.C.S. Ch. 7

2

(relating to open meetings).

3

* * *

4

Section 2.  Section 3 of the act is amended by adding a

5

paragraph to read:

6

Section 3.  Powers and duties of the commission.

7

The commission shall have the power and its duty shall be:

8

* * *

9

(18)  To establish advisory committees, in addition to

10

those provided for under this act, as it deems advisable,

11

except that only the commission may set policy or take other

12

official action. Members of advisory committees shall serve

13

without compensation but may be reimbursed for necessary

14

travel and other expenses in accordance with applicable law

15

and regulations.

16

Section 3.  Sections 4(8), (9) and (10) and 5 of the act are

17

amended to read:

18

Section 4.  Duties of the commission relative to criminal

19

statistics.

20

The commission shall have the power and its duty shall be:

21

* * *

22

(8)  [The commission, at the request of any of the

23

following, may] To assist or advise in a statistical and

24

research capacity [the Bureau of Correction] as requested by

25

the Department of Corrections, the Pennsylvania Board of

26

Probation and Parole, the Pennsylvania State Police, the

27

Juvenile Court Judges' Commission and the [State] Court

28

Administrator.

29

(9)  [It shall be the duty of the commission to] To give

30

adequate interpretation of such statistics and so to present

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1

the information that it may be of value in guiding the

2

policies of the commission and of those in charge of the

3

apprehension, prosecution and treatment of the criminals and

4

delinquents, or concerned with the present state of crime and

5

delinquency. The report shall include also statistics which

6

are comparable with national uniform criminal statistics

7

published by Federal bureaus or departments heretofore

8

mentioned.

9

(10)  [The commission shall take advantage of] To seek

10

and utilize all available Federal funds and establish new

11

programs as well as undertake a continuous analysis of future

12

data needs.

13

Section 5.  Duties of public agencies and officers in reporting

14

criminal statistics.

15

It shall be the duty of every [constable, chief of police,

16

county police force, sheriff, coroner, district attorney, chief

17

probation officer and of the Bureau of Correction in the

18

Department of Justice, the Pennsylvania Board of Probation and

19

Parole, the Pennsylvania State Police, the State Court

20

Administrator, the Juvenile Court Judges' Commission, the

21

Department of Public Welfare, State Fire Marshal, Pennsylvania

22

Liquor Control Board, the Philadelphia Municipal and Traffic

23

Courts, justices of the peace, county prison wardens, and every

24

other person or agency dealing with crimes or criminals or with

25

delinquency or delinquents] Commonwealth agency and every person

26

in charge of the apprehension, prosecution and treatment of the

27

criminals and delinquents, when requested by the commission:

28

(1)  To install and maintain records and recording

29

systems needed for the correct reporting of statistical data

30

required by the commission.

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1

(2)  To report statistical data to the commission at such

2

times and in such manner as the commission prescribes.

3

(3)  To give to the staff of the commission access to

4

statistical data for the purpose of carrying out the duties

5

of the commission relative to criminal statistics.

6

Section 4.  Section 6(a) of the act, amended June 22, 2001

7

(P.L.396, No.30), is amended and the section is amended by

8

adding subsections to read:

9

Section 6.  Juvenile Justice and Delinquency Prevention

10

Committee. 

11

(a)  Establishment [and membership].--There is hereby

12

established the Juvenile Justice and Delinquency Prevention

13

Committee within the commission.

14

(a.1)  Composition.--The members of the committee shall be

15

appointed by the Governor and shall include:

16

(1)  The Executive Director of the Juvenile Court Judges'

17

Commission.

18

(2)  [representation] Representatives of units of local

19

government, law enforcement and juvenile justice agency

20

probation personnel, juvenile court judges, [the Executive

21

Director of the Juvenile Court Judges' Commission,] public

22

and private agencies and organizations concerned with

23

delinquency prevention or treatment and services to

24

delinquency prevention or treatment and services to dependent

25

children, community-based prevention in-treatment programs,

26

organizations concerned with the quality of juvenile justice

27

or that utilize volunteers to work with delinquent or

28

dependent children, businesses employing youth, youth workers

29

involved with alternative youth programs, persons with

30

special experience and competence in addressing the problem

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1

of school violence and vandalism and the problem of learning

2

disabilities and representatives of public agencies concerned

3

with special education.

4

(a.2)  Term.--Members shall serve for a four-year term, and

5

may be appointed for no more than one additional consecutive

6

term.

7

* * *

8

(f)  Powers and duties.--The Juvenile Justice and Delinquency

9

Prevention Committee shall have the power, and its duty shall

10

be:

11

(1)  To serve in an advisory capacity to the commission

12

through the committee's participation in the development of

13

that part of the commission's comprehensive plan relating to

14

juvenile justice and delinquency prevention.

15

(2)  To perform those functions related to the direct

16

approval and disbursement of financial assistance in an

17

advisory capacity only, but the advisory committee shall have

18

the opportunity to review and comment on such applications

19

within 30 days after receipt of the application from the

20

commission.

21

(3)  To advise the commission on the definition,

22

development and correlation of programs and projects and the

23

establishment of priorities for juvenile justice and

24

delinquency prevention.

25

(4)  To develop standards, methods and procedures for

26

evaluating and monitoring services for delinquent and

27

dependent children.

28

(5)  Upon request, to provide assistance and advice to

29

the commission on any other matters relating to juvenile

30

justice and delinquency prevention.

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1

(6)  To submit to the Governor and the General Assembly

2

such reports as may be required by Federal law.

3

(7)  To advise the commission in defining and

4

collaborating with all State agencies on planning and

5

programming related to juvenile delinquency prevention and

6

the reduction and prevention of violence by and against

7

children.

8

(8)  To advise and assist the commission in designing and

9

promoting comprehensive research-based initiatives to assist

10

communities and community-based organizations in reducing

11

risk to and promoting the positive development of children

12

and in preventing juvenile delinquency and youth violence.

13

(g)  Staff support.--Staff support shall be made available to

14

the committee by the executive director in order to adequately

15

perform the duties provided for under this section.

16

Section 5.  Section 7 of the act, amended June 22, 2001

17

(P.L.396, No.30), is repealed:

18

[Section 7.  Powers and duties of the Juvenile Justice and

19

Delinquency Prevention Committee.

20

The Juvenile Justice and Delinquency Prevention Committee

21

shall have the power, and its duty shall be:

22

(1)  Serve in an advisory capacity to the commission

23

through the committee's participation in the development of

24

that part of the commission's comprehensive plan relating to

25

juvenile justice and delinquency prevention.

26

(2)  Those functions related to the direct approval and

27

disbursement of financial assistance shall be in an advisory

28

capacity only, but the advisory committee shall have the

29

opportunity to review and comment on such applications within

30

30 days after receipt of the application from the commission.

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1

(3)  To advise the commission on the definition,

2

development and correlation of programs and projects and the

3

establishment of priorities for juvenile justice and

4

delinquency prevention.

5

(4)  To develop standards, methods and procedures for

6

evaluating and monitoring services for delinquent and

7

dependent children.

8

(5)  Upon request provide whatever assistance and advice

9

to the commission on any other matters relating to juvenile

10

justice and delinquency prevention.

11

(6)  Staff support shall be made available to the

12

Juvenile Justice and Delinquency Prevention Committee by the

13

executive director in order to adequately perform the duties

14

provided for in this section.

15

(7)  Submit to the Governor and the General Assembly such

16

reports as may be required by Federal Law.

17

(8)  To advise the commission in defining and

18

collaborating with all State agencies on planning and

19

programming related to juvenile delinquency prevention and

20

the reduction and prevention of violence by and against

21

children.

22

(9)  To advise and assist the commission in designing and

23

promoting comprehensive research-based initiatives to assist

24

communities and community-based organizations in reducing

25

risk to and promoting the positive development of children

26

and in preventing juvenile delinquency and youth violence.]

27

Section 6.  Section 7.1(b)(16) of the act, added December 6,

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28

2002 (P.L.1180, No.146), is amended and the section is amended

29

by adding subsections to read:

30

Section 7.1.  Targeted Community Revitalization and Crime

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1

Prevention Advisory Committee.

2

* * *

3

(b)  Composition.--The committee shall consist of the

4

following members or their designees:

5

* * *

6

(16)  [Eight members who are located in or serve a

7

targeted community, appointed by the Governor, one] One 

8

district attorney representative, one representative of

9

county commissioners, one representative of community and

10

economic development agencies, one representative of crime

11

prevention agencies, one representative of a community-based

12

organization, one representative of a faith-based

13

organization, one nonsupervisory local law enforcement

14

officer representative and one nonsupervisory Pennsylvania

15

State Police representative, each of whom shall be appointed

16

by the Governor and shall reside in or serve a targeted

17

community.

18

* * *

19

(g)  Powers and duties.--The Targeted Community

20

Revitalization and Crime Prevention Advisory Committee shall

21

have the power and its duty shall be to:

22

(1)  Advise the commission through the committee's

23

participation in the development of that part of the

24

commission's comprehensive plan relating to targeted crime

25

prevention efforts and the revitalization of targeted

26

communities.

27

(2)  Advise the commission on those functions related to

28

the direct approval and disbursement of financial assistance.

29

The committee shall have the opportunity to review and

30

comment on applications after their receipt from the

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1

commission.

2

(3)  Advise the commission on the definition, development

3

and correlation of programs and projects and the

4

establishment of priorities for supporting law enforcement

5

and community partnerships developing comprehensive, targeted

6

crime prevention efforts and a planning process for the

7

revitalization of high-crime and distressed communities.

8

(4)  Develop standards, methods and procedures for

9

evaluating and monitoring services and programs for crime

10

prevention efforts and the revitalization of targeted

11

communities.

12

(5)  Provide assistance and advice requested by the

13

commission on any other matters relating to the crime

14

prevention efforts and the revitalization of targeted

15

communities.

16

(6)  Submit to the Governor and the General Assembly

17

reports as may be required by Federal and State law.

18

(h)  Staff support.--Staff support shall be made available to

19

the committee by the executive director of the commission in

20

order for the committee to adequately perform the duties

21

provided for under this section.

22

Section 7.  Section 7.2 of the act, added December 6, 2002

23

(P.L.1180, No.146), is repealed:

24

Section 6.  Sections 7.1 and 7.2 of the act, added December

<--

25

6, 2002 (P.L.1180, No.146), are repealed:

26

[Section 7.1.  Targeted Community Revitalization and Crime

27

Prevention Advisory Committee.

28

(a)  Establishment.--There is hereby established the Targeted

29

Community Revitalization and Crime Prevention Advisory Committee

30

within the commission.

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1

(b)  Composition.--The committee shall consist of the

2

following members or their designees:

3

(1)  The Secretary of Public Welfare.

4

(2)  The Secretary of Community and Economic Development.

5

(3)  The Secretary of Health.

6

(4)  The Secretary of Education.

7

(5)  The Secretary of Labor and Industry.

8

(6)  The Secretary of Conservation and Natural Resources.

9

(7)  The Executive Director of the Pennsylvania Housing

10

Finance Agency.

11

(8)  The Executive Director of the Pennsylvania

12

Commission on Crime and Delinquency.

13

(9)  The Executive Director of the Governor's Advisory

14

Commission on Latino Affairs.

15

(10)  The Executive Director of the Governor's Advisory

16

Commission on African American Affairs.

17

(11)  The Executive Director of the Juvenile Court

18

Judges' Commission.

19

(12)  The Director of the Governor's Office of Policy

20

Development.

21

(13)  The Commissioner of the Pennsylvania State Police.

22

(14)  The chairman of the Pennsylvania Board of Probation

23

and Parole.

24

(15)  Four members of the General Assembly, one of whom

25

shall be designated by and serve at the pleasure of the

26

President pro tempore of the Senate, one of whom shall be

27

designated by and serve at the pleasure of the Minority

28

Leader of the Senate, one of whom shall be designated by and

29

serve at the pleasure of the Speaker of the House of

30

Representatives and one of whom shall be designated by and

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1

serve at the pleasure of the Minority Leader of the House of

2

Representatives. The members designated must have a targeted

3

community in their legislative districts.

4

(16)  Eight members who are located in or serve a

5

targeted community, appointed by the Governor, one district

6

attorney representative, one representative of county

7

commissioners, one representative of community and economic

8

development agencies, one representative of crime prevention

9

agencies, one representative of a community-based

10

organization, one representative of a faith-based

11

organization, one nonsupervisory local law enforcement

12

officer representative and one nonsupervisory Pennsylvania

13

State Police representative.

14

(17)  Five private citizens appointed by the Governor,

15

all of whom reside in a targeted community.

16

(18)  Such additional members appointed by the Governor,

17

all of whom shall have experience and involvement in

18

community revitalization and crime prevention efforts.

19

(c)  Number and qualifications.--The committee shall consist

20

of no more than 33 members, all of whom shall have had training

21

or experience in law enforcement, social services, community

22

revitalization or economic development.

23

(d)  Conditions of appointment.--The committee and its

24

members are subject to the same limitations and conditions

25

imposed upon the commission as prescribed in section 2(d), (e),

26

(h), (m) and (n).

27

(e)  Quorum.--A majority of the members shall constitute a

28

quorum, and a vote of the majority of the members present shall

29

be sufficient for all actions.

30

(f)  Chairman.--The Governor shall appoint a chairman from

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1

among the members of the committee who shall serve at the

2

pleasure of the Governor. A vice chairman shall be designated by

3

the chairman and preside at meetings in the absence of the

4

chairman. The committee shall meet at the call of the chairman

5

but not less than four times a year.

6

[Section 7.2.  Powers and duties of Targeted Community

<--

7

Revitalization and Crime Prevention Advisory

8

Committee.

9

(a)  Powers and duties.--The Targeted Community

10

Revitalization and Crime Prevention Advisory Committee shall

11

have the power and its duty shall be to:

12

(1)  Serve in an advisory capacity to the commission

13

through the committee's participation in the development of

14

that part of the commission's comprehensive plan relating to

15

targeted crime prevention efforts and the revitalization of

16

targeted communities.

17

(2)  Serve in an advisory capacity to the commission on

18

those functions related to the direct approval and

19

disbursement of financial assistance. The committee shall

20

have the opportunity to review and comment on applications

21

after their receipt from the commission.

22

(3)  Advise the commission on the definition, development

23

and correlation of programs and projects and the

24

establishment of priorities for supporting law enforcement

25

and community partnerships developing comprehensive, targeted

26

crime prevention efforts and a planning process for the

27

revitalization of high-crime and distressed communities.

28

(4)  Develop standards, methods and procedures for

29

evaluating and monitoring services and programs for crime

30

prevention efforts and the revitalization of targeted

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1

communities.

2

(5)  Provide assistance and advice requested by the

3

commission on any other matters relating to the crime

4

prevention efforts and the revitalization of targeted

5

communities.

6

(6)  Submit to the Governor and the General Assembly

7

reports as may be required by Federal and State law.

8

(b)  Staff support.--Staff support shall be made available to

9

the committee by the executive director of the commission in

10

order for the committee to adequately perform the duties

11

provided for in this section.]

12

Section 7.  The act is amended by adding a section to read:

<--

13

Section 8.1.  Justice reinvestment grants.

14

(a)  Justice Reinvestment Fund.--The Justice Reinvestment

15

Fund is established within the State Treasury to support

16

programs and activities to improve the delivery of criminal

17

justice services within this Commonwealth.

18

(b)  Savings assessment.--For fiscal years 2013-2014 through

19

2017-2018, the Office of the Budget shall develop a formula to

20

calculate the amount of savings to the Department of Corrections

21

in the prior fiscal year. The calculation may include all of the

22

following:

23

(1)  The reduction in prison population because of the

24

diversion to counties of mid-minimum and short-minimum

25

offenders.

26

(2)  The elimination of prerelease programs and the

27

improved efficiencies in the parole system, directly

28

resulting from the act of July 5, 2012 (P.L.1050, No.122),

29

entitled "An act amending Titles 18 (Crimes and Offenses), 42

30

(Judiciary and Judicial Procedure) and 61 (Prisons and

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1

Parole) of the Pennsylvania Consolidated Statutes, in

2

burglary and other criminal intrusion, further providing for

3

the offense of burglary; in other offenses, further providing

4

for drug trafficking sentencing and penalties; in

5

Pennsylvania Commission on Sentencing, further providing for

6

powers and duties and for publication of guidelines; in

7

sentencing, further providing for sentences for second and

8

subsequent offenses; in sentencing, providing for sentencing

9

for certain paroled offenders; in sentencing, further

10

providing for sentencing generally, for disposition under

11

guilty but mentally ill, for partial confinement, for total

12

confinement and for proceedings and location; in sentencing,

13

providing for court-imposed sanctions for offenders violating

14

probation; in county intermediate punishment, further

15

providing for definitions and for programs; in correctional

16

institutions administration, further providing for drug

17

distribution definitions; in inmate confinement visitation,

18

further providing for Gubernatorial visitors, for official

19

visitors and for rights of official visitors; in inmate

20

confinement prerelease plans, further providing for

21

establishment of prerelease centers, for prerelease plan for

22

inmates, for regulations and for compensation of inmates; in

23

inmate confinement motivational boot camps, further providing

24

for definitions and for selection of inmate participants; in

25

inmate confinement State intermediate punishment, further

26

providing for definitions and for referral to State

27

intermediate punishment program; in inmate confinement

28

recidivism risk reduction incentive, further providing for

29

definitions; in inmate confinement community corrections

30

facilities, further providing for definitions; in inmate

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1

confinement, providing for safe community reentry and for

2

community corrections centers and community corrections

3

facilities; in probation and parole administration, further

4

providing for certain offenders residing in group-based

5

homes, for administrative powers over parolees, for general

6

court criteria for parole, for parole power, for parole

7

violation and for parole procedure; in probation and parole

8

administration, providing for early parole subject to Federal

9

order; making a related repeal; and abrogating regulations."

10

(c)  Deposit.--

11

(1)  In fiscal year 2013-2014, 75% of the amounts

12

determined to be savings under subsection (b) are hereby

13

appropriated to the fund.

14

(2)  In fiscal year 2014-2015, the amounts determined to

15

be savings under subsection (b) are hereby appropriated to

16

the fund in an amount not to exceed $21,000,000.

17

(d)  Distributions.--For fiscal years 2013-2014 and

18

2014-2015, the money in the fund shall be transferred as

19

follows:

20

(1)  The sum of $1,000,000 shall be distributed to the

21

commission. At least 25% of the money under this paragraph

22

shall be used for a Statewide automated victim information

23

and notification system, 25% shall be used for victim service

24

automated data collection and reporting projects and the

25

balance of the money under this paragraph shall be used for

26

programs for victims of juvenile offenders.

27

(2)  The sum of $400,000 shall be distributed to the

28

Pennsylvania Commission on Sentencing to establish models for

29

risk assessment under 42 Pa.C.S. § 2154.7 (relating to

30

adoption of risk assessment instrument).

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1

(3)  Following distribution under paragraphs (1) and (2),

2

the remaining money in the fund shall be distributed as

3

follows:

4

(i)  Forty-three percent to the commission to provide

5

grants for innovative policing.

6

(ii)  Twenty-one percent to the department to

7

implement contracts with counties for offender diversion

8

for mid-minimum offenders and short-minimum offenders.

9

(iii)  Twenty-six percent to the commission for

10

grants, in consultation with the Pennsylvania Board of

11

Probation and Parole, for county probation improvement,

12

to include the reduction of offenders on probation who

13

violate the terms of their supervision.

14

(iv)  Six percent to the board for costs related to

15

streamlining the State parole process.

16

(v)  Four percent to the department to support the

17

coordinated implementation by the board and the

18

department of the program under 61 Pa.C.S. Ch. 49

19

(relating to safe community reentry), including the

20

outreach to and use of community organizations and other

21

nonprofit and for-profit entities.

22

(e)  Appropriation.--Beginning in fiscal year 2013-2014, if

23

county participation in the program under subsection (d)(3)(ii)

24

exceeds the amount authorized, the General Assembly may

25

appropriate additional money to the fund for offender diversion

26

for mid-minimum offenders and short-minimum offenders.

27

(f)  Additional distributions.--For fiscal years 2015-2016

28

through 2017-2018, 25% of the amount determined to be savings

29

under subsection (b) shall be deposited in the fund and

30

appropriated by the General Assembly for activities related to

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1

sentencing, victim services, contracts for offender diversion,

2

innovative policing, community reentry programs or probation and

3

county parole improvement.

4

(g)  Restriction.--Grants awarded under this section shall be

5

annual grants and shall be used to supplement and not supplant

6

existing funding, including funding provided by county

7

governments and grant-in-aid under 61 Pa.C.S. § 6133(c)(relating

8

to probation services).

9

(h)  Criteria.--The commission, in consultation with the

10

board, shall adopt criteria for the award of grants by the

11

commission under this subsection.

12

(i)  Expiration.--This section shall expire July 15, 2018.

13

Section 8.  This act shall take effect in 60 days.

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