PRINTER'S NO. 664
No. 622 Session of 1989
INTRODUCED BY PECORA, JUBELIRER, LEMMOND, LOEPER, FISHER, ROCKS,
HELFRICK, GREENWOOD, BRIGHTBILL, HESS, WENGER, HOLL, WILT,
HOPPER, TILGHMAN, BELL, MADIGAN, SHAFFER, ARMSTRONG,
SALVATORE, PETERSON, RHOADES, SHUMAKER, PUNT, BAKER, CORMAN,
PORTERFIELD, SCANLON, LINCOLN, LEWIS, FATTAH, STOUT,
AFFLERBACH, REIBMAN AND MELLOW, FEBRUARY 28, 1989
REFERRED TO JUDICIARY, FEBRUARY 28, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for drug
3 treatment and rehabilitation for certain persons involved in
4 drug-related offenses.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6352(a) of Title 42 of the Pennsylvania
8 Consolidated Statutes 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 best suited to his treatment, supervision,
13 rehabilitation, and welfare:
14 (1) Any order authorized by section 6351 (relating to
15 disposition of dependent child).
16 (2) Placing the child on probation under supervision of
17 the probation officer of the court or the court of another
1 state as provided in section 6363 (relating to ordering
2 foreign supervision), under conditions and limitations the
3 court prescribes.
4 (3) Committing the child to an institution, youth
5 development center, camp, or other facility for delinquent
6 children operated under the direction or supervision of the
7 court or other public authority and approved by the
8 Department of Public Welfare.
9 (4) If the child is 12 years of age or older, committing
10 the child to an institution operated by the Department of
11 Public Welfare.
12 (4.1) If the child is 14 years of age or older and the
13 act which creates the need for disposition as a delinquent is
14 a violation of the act of April 14, 1972 (P.L.233, No.64),
15 known as The Controlled Substance, Drug, Device and Cosmetic
16 Act, or a drug-related crime, and the child is found to be
17 drug dependent or a drug trafficker, commitment for a minimum
18 of six months' basic training to a special drug treatment and
19 rehabilitation facility operated by the Department of
20 Corrections. Commitment under this paragraph shall only be
21 available to a child who:
22 (i) voluntarily consents to the commitment; and
23 (ii) has no mental or physical limitations which
24 would preclude participation in the highly structured
25 program of the facility.
26 (5) Ordering payment by the child of reasonable amounts
27 of money as fines, costs or restitution as deemed appropriate
28 as part of the plan of rehabilitation considering the nature
29 of the acts committed and the earning capacity of the child.
30 (6) An order of the terms of probation may include an
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1 appropriate fine considering the nature of the act committed
2 or restitution not in excess of actual damages caused by the
3 child which shall be paid from the earnings of the child
4 received through participation in a constructive program of
5 service or education acceptable to the victim and the court
6 whereby, during the course of such service, the child shall
7 be paid not less than the minimum wage of this Commonwealth.
8 In ordering such service, the court shall take into
9 consideration the age, physical and mental capacity of the
10 child and the service shall be designed to impress upon the
11 child a sense of responsibility for the injuries caused to
12 the person or property of another. The order of the court
13 shall be limited in duration consistent with the limitations
14 in section 6353 (relating to limitation on and change in
15 place of commitment) and in the act of May 13, 1915 (P.L.286,
16 No.177), known as the ["]Child Labor Law.["] The court order
17 shall specify the nature of the work, the number of hours to
18 be spent performing the assigned tasks, and shall further
19 specify that as part of a plan of treatment and
20 rehabilitation that up to 75% of the earnings of the child be
21 used for restitution in order to provide positive
22 reinforcement for the work performed.
23 In selecting from the alternatives set forth in this section,
24 the court shall follow the general principle that the
25 disposition imposed should provide the means through which the
26 provisions of this chapter are executed and enforced consistent
27 with section 6301(b) (relating to purposes) and when confinement
28 is necessary, the court shall impose the minimum amount of
29 confinement that is consistent with the protection of the public
30 and the rehabilitation needs of the child.
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1 * * *
2 Section 2. Section 9721(a) of Title 42 is amended by adding
3 a paragraph to read:
4 § 9721. Sentencing generally.
5 (a) General rule.--In determining the sentence to be imposed
6 the court shall, except where a mandatory minimum sentence is
7 otherwise provided by law, consider and select one or more of
8 the following alternatives, and may impose them consecutively or
9 concurrently:
10 * * *
11 (6) When the sentence which could be imposed is for a
12 violation of the act of April 14, 1972 (P.L.233, No.64),
13 known as The Controlled Substance, Drug, Device and Cosmetic
14 Act, or a drug-related crime by a person who is 21 years of
15 age or younger and who is found to be drug dependent or a
16 drug trafficker, commitment for a minimum of six months'
17 basic training to a special drug treatment and rehabilitation
18 facility operated by the Department of Corrections.
19 Commitment under this paragraph shall only be available to a
20 person who:
21 (i) voluntarily consents to the commitment; and
22 (ii) has no mental or physical limitations which
23 would preclude participation in the highly structured
24 program of the facility.
25 * * *
26 Section 3. This act shall take effect in 60 days.
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