PRINTER'S NO. 2084
No. 1706 Session of 1989
INTRODUCED BY HAGARTY, PICCOLA, CALTAGIRONE, MOEHLMANN, BORTNER,
McVERRY, McHALE, WOGAN, MAIALE, HECKLER, NOYE, VEON, ITKIN,
GIGLIOTTI, MERRY, D. W. SNYDER, GODSHALL, GEIST, JOHNSON,
TRICH, DEMPSEY, FARGO, WAMBACH, REBER, NAHILL, KUKOVICH,
E. Z. TAYLOR, KENNEY, CORRIGAN, SAURMAN, HOWLETT, DeLUCA,
PHILLIPS, CIVERA, RAYMOND, BUNT, BUSH, J. H. CLARK, FARMER,
S. H. SMITH, LEE AND FLICK, JUNE 19, 1989
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 1989
AN ACT
1 Establishing a program of financial assistance to counties for
2 the incarceration of certain offenders; providing for
3 administration by the Pennsylvania Commission on Crime and
4 Delinquency; providing for an audit of funds disbursed
5 pursuant to such program; and making an appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the DUI County
10 Implementation Assistance Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Average daily population." The cumulative daily inmate
16 population count as of midnight, divided by the number of days
17 in the fiscal year.
1 "Commission." The Pennsylvania Commission on Crime and
2 Delinquency.
3 "DUI offender." Any individual convicted of and incarcerated
4 for violation of 75 Pa.C.S. § 3731 (relating to driving under
5 influence of alcohol or controlled substance).
6 "Fiscal year." The period beginning July 1 and ending June
7 30.
8 Section 3. Establishment of program.
9 There is hereby established a program of financial subsidies
10 to counties to assist them in meeting the expenses of
11 incarcerating DUI offenders.
12 Section 4. Administration of program.
13 The commission shall have the following powers and duties:
14 (1) To compile, on a fiscal year basis, statistical data
15 indicating the average daily population of DUI offenders in
16 each county jail.
17 (2) To disburse such funds as the General Assembly may
18 appropriate for this subsidy program. The commission shall
19 devise a distribution formula based on the following:
20 (i) The total amount appropriated for the fiscal
21 year.
22 (ii) The total average daily population of DUI
23 offenders in all counties measured over the preceding
24 fiscal year.
25 (iii) The average daily population of DUI offenders
26 in each county measured over the preceding fiscal year.
27 (3) To make such other rules and regulations and perform
28 other duties as may be reasonably necessary or appropriate to
29 administer this program.
30 (4) To make an annual report to the Governor and to the
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1 General Assembly on the distribution of program funds and to
2 recommend an amount to be appropriated for the next fiscal
3 year which would provide a subsidy of approximately $7,500
4 times the average daily population of DUI offenders in each
5 county jail.
6 Section 5. Audit.
7 The Auditor General shall conduct an audit of the expenditure
8 of funds received by counties under this program as he may deem
9 necessary or advisable, from time to time, but no less often
10 than once every three years.
11 Section 6. Appropriation.
12 The sum of $2,111,000 is hereby appropriated to the
13 Pennsylvania Commission on Crime and Delinquency for the fiscal
14 year July 1, 1989, to June 30, 1990, to carry out the provisions
15 of this act.
16 Section 7. Effective date.
17 This act shall take effect July 1, 1989.
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