PRIOR PRINTER'S NOS. 268, 2341, 2454 PRINTER'S NO. 2565
No. 251 Session of 1985
INTRODUCED BY O'DONNELL, SEVENTY, J. L. WRIGHT, HALUSKA,
PETRARCA, BATTISTO, AFFLERBACH, DeWEESE, COHEN, KOSINSKI,
HAGARTY, TRELLO, DeLUCA, DALEY, VAN HORNE, SHOWERS,
E. Z. TAYLOR, RYBAK, SIRIANNI, D. R. WRIGHT, MICOZZIE,
HERMAN, WOGAN, NAHILL, BLAUM, PUNT, JOSEPHS, PISTELLA,
SCHEETZ, SAURMAN, ANGSTADT, DAWIDA, OLIVER, FREEMAN,
COLAFELLA, LINTON, BURD, BELARDI, STABACK, FOX AND PRESSMANN,
FEBRUARY 6, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 26, 1985
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 child abuse; FURTHER PROVIDING FOR THE <--
7 MEMBERSHIP OF THE JUVENILE ADVISORY COMMITTEE; imposing
8 further duties upon the commission and the advisory
9 committee; establishing the Child Abuse Fund and providing
10 for its use; and providing for the collection of certain
11 fees.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 1, 3(1), (2) and (6) and 7(1) and (3) <--
15 AND 3(1), (2), (6) AND (7) of the act of November 22, 1978 <--
16 (P.L.1166, No.274), referred to as the Pennsylvania Commission
17 on Crime and Delinquency Law, are amended to read:
18 Section 1. Definitions.
19 The following words and phrases when used in this act shall
1 have, unless the context clearly indicates otherwise, the
2 meanings given to them in this section:
3 "Commission." The Pennsylvania Commission on Crime and
4 Delinquency.
5 "Fund." The Child Abuse Fund.
6 Section 3. Powers and duties of the commission.
7 The commission shall have the power and its duty shall be:
8 (1) To prepare and periodically update a comprehensive
9 juvenile and criminal justice plan on behalf of the
10 Commonwealth based on an analysis of the Commonwealth's
11 criminal justice needs and problems, including juvenile
12 justice and delinquency prevention. Every two years the
13 commission shall develop a State plan for the distribution of
14 money in the fund.
15 (2) To apply for, contract for, receive, allocate,
16 disburse and account for funds, grants-in-aid, grants of
17 services and property, real and personal, particularly those
18 funds made available pursuant to the Omnibus Crime Control
19 and Safe Streets Act of 1968 (Public Law 90-351), as amended,
20 and the Juvenile Justice and Delinquency Prevention Act of
21 1974 (Public Law 93-415), as amended, Title IV of Public Law
22 98-473 (98 Stat. 2195), and sums collected under section 8.1
23 of this act.
24 * * *
25 (6) To monitor and evaluate program effectiveness,
26 funded in whole or in part by the Commonwealth through the
27 commission aimed at reducing or preventing crime and
28 delinquency, child abuse, and improving the administration of
29 justice as deemed appropriate.
30 (7) TO DEFINE, DEVELOP AND CORRELATE PROGRAMS AND <--
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1 PROJECTS AND ESTABLISH PRIORITIES FOR CRIME PREVENTION AND
2 FOR IMPROVEMENT IN LAW ENFORCEMENT AND CRIMINAL JUSTICE,
3 INCLUDING JUVENILE JUSTICE AND DELINQUENCY PREVENTION, AND
4 CHILD ABUSE PREVENTION THROUGHOUT THE COMMONWEALTH.
5 * * *
6 SECTION 2. SECTION 6(A) AND (B) OF THE ACT, AMENDED DECEMBER <--
7 17, 1981 (P.L.429, NO.134), ARE AMENDED TO READ:
8 SECTION 6. JUVENILE ADVISORY COMMITTEE.
9 (A) ESTABLISHMENT AND MEMBERSHIP.--THERE IS HEREBY
10 ESTABLISHED THE JUVENILE ADVISORY COMMITTEE WITHIN THE
11 COMMISSION. THE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY
12 THE GOVERNOR AND SHALL INCLUDE REPRESENTATION OF UNITS OF LOCAL
13 GOVERNMENT, LAW ENFORCEMENT AND JUVENILE JUSTICE AGENCY
14 PROBATION PERSONNEL, JUVENILE COURT JUDGES, PUBLIC AND PRIVATE
15 AGENCIES AND ORGANIZATIONS CONCERNED WITH DELINQUENCY PREVENTION
16 OR TREATMENT AND SERVICES TO DELINQUENCY PREVENTION OR TREATMENT
17 AND SERVICES TO DEPENDENT CHILDREN, COMMUNITY-BASED PREVENTION
18 IN-TREATMENT PROGRAMS, ORGANIZATIONS CONCERNED WITH THE QUALITY
19 OF JUVENILE JUSTICE OR THAT UTILIZE VOLUNTEERS TO WORK WITH
20 DELINQUENT OR DEPENDENT CHILDREN, BUSINESSES EMPLOYING YOUTH,
21 YOUTH WORKERS INVOLVED WITH ALTERNATIVE YOUTH PROGRAMS, PERSONS
22 WITH SPECIAL EXPERIENCE AND COMPETENCE IN ADDRESSING THE PROBLEM
23 OF SCHOOL VIOLENCE AND VANDALISM AND THE PROBLEM OF LEARNING
24 DISABILITIES [AND], REPRESENTATIVES OF PUBLIC AGENCIES CONCERNED
25 WITH SPECIAL EDUCATION, PROFESSIONAL PROVIDERS OF CHILD ABUSE
26 PREVENTION PROGRAMS, A REPRESENTATIVE OF THE STATE OFFICE OF
27 CHILDREN, YOUTH AND FAMILIES AND A REPRESENTATIVE OF A COUNTY
28 OFFICE OF CHILDREN AND YOUTH SERVICES. MEMBERS SHALL SERVE FOR A
29 FOUR-YEAR TERM, AND MAY BE APPOINTED FOR NO MORE THAN ONE
30 ADDITIONAL CONSECUTIVE TERM.
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1 (B) NUMBER AND QUALIFICATIONS.--THE COMMITTEE SHALL CONSIST
2 OF NO LESS THAN 15 MEMBERS OR MORE THAN 33 MEMBERS, ALL OF WHOM
3 SHALL HAVE HAD TRAINING OR EXPERIENCE IN JUVENILE JUSTICE OR
4 CHILD ABUSE PREVENTION. A MAJORITY OF THE MEMBERS SHALL NOT BE
5 FULL-TIME EMPLOYEES OF THE FEDERAL, STATE OR LOCAL GOVERNMENTS.
6 AT LEAST ONE-FIFTH OF THE MEMBERSHIP SHALL BE UNDER THE AGE OF
7 24 AT THE TIME OF APPOINTMENT. AT LEAST THREE OF THOSE MEMBERS
8 OF THE COMMITTEE UNDER 24 YEARS OF AGE AT THE TIME OF
9 APPOINTMENT SHALL HAVE BEEN OR ARE CURRENTLY UNDER THE
10 JURISDICTION OF THE JUVENILE JUSTICE SYSTEM.
11 * * *
12 SECTION 3. SECTION 7(1), (3) AND (5) OF THE ACT ARE AMENDED
13 TO READ:
14 Section 7. Powers and duties of the Juvenile Advisory
15 Committee.
16 The Juvenile Advisory Committee shall have the power, and its
17 duty shall be:
18 (1) Serve in an advisory capacity to the commission
19 through the committee's participation in the development of
20 that part of the commission's comprehensive plan relating to
21 juvenile justice and child abuse PREVENTION and delinquency <--
22 prevention.
23 * * *
24 (3) To advise the commission on the definition,
25 development and correlation of programs and projects and the
26 establishment of priorities for juvenile justice and child
27 abuse PREVENTION and delinquency prevention. <--
28 * * *
29 (5) UPON REQUEST PROVIDE WHATEVER ASSISTANCE AND ADVICE <--
30 TO THE COMMISSION ON ANY OTHER MATTERS RELATING TO JUVENILE
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1 JUSTICE AND CHILD ABUSE PREVENTION AND DELINQUENCY
2 PREVENTION.
3 * * *
4 Section 2 4. The act is amended by adding sections to read: <--
5 Section 8.1. Child Abuse Fund.
6 (a) Establishment and appropriation.--There is hereby
7 established a special restricted receipts account in the State
8 Treasury to be known as the Child Abuse Fund. All moneys in the
9 fund are hereby appropriated to the commission on a continuing
10 basis.
11 (b) Collection.--
12 (1) In addition to any other costs or fees imposed by
13 statute or rule of court, the clerk of orphans' court shall,
14 prior to issuing a marriage license or declaration, collect
15 the sum of $5.
16 (2) In addition to any other costs or fees imposed by
17 statute or rule of court, the prothonotary or the equivalent
18 in home rule counties shall, upon the filing of a divorce or
19 annulment complaint, collect the sum of $10.
20 (3) The amounts so collected under this subsection shall
21 be paid to the Department of Revenue for deposit in the fund.
22 Section 8.2. Distribution.
23 (a) Programs.--Moneys in the fund shall be distributed by
24 the commission to develop and implement new and innovative
25 programs for the prevention, reduction and elimination of child
26 abuse AND CHILD ABDUCTIONS BY A NONPARENT, including, but not <--
27 limited to:
28 (1) Programs and service to children and their families
29 designed to prevent, reduce or eliminate child abuse AND <--
30 CHILD ABDUCTIONS BY A NONPARENT.
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1 (2) Instructional, educational and training programs
2 which disseminate information and techniques on the
3 prevention and recognition of child abuse AND THE PREVENTION <--
4 OF CHILD ABDUCTIONS BY A NONPARENT.
5 (3) The study and evaluation of the causes and effects
6 of child abuse, the effectiveness of programs and services
7 designed to prevent or assist the victims of child abuse and
8 to plan and coordinate the delivery of necessary child abuse
9 services.
10 (b) Audit.--The Auditor General shall conduct an audit of
11 the account as necessary or advisable but no less than once
12 every three years.
13 (c) Costs.--All costs incurred by the commission pursuant to <--
14 this act shall be paid for from the Child Abuse Fund.
15 (C) ADMINISTRATIVE COSTS.--ALL ADMINISTRATIVE COSTS INCURRED <--
16 BY THE COMMISSION FOR THE ADMINISTRATION OF THE PROGRAMS UNDER
17 SUBSECTION (A) SHALL BE PAID SOLELY FROM THE CHILD ABUSE FUND.
18 UNDER NO CIRCUMSTANCES SHALL THESE ADMINISTRATIVE COSTS IN EACH
19 FISCAL YEAR EXCEED 5% OF THE TOTAL FUNDS TO BE DEPOSITED IN EACH
20 FISCAL YEAR INTO THE CHILD ABUSE FUND.
21 Section 8.3. Restrictions.
22 (a) Time period limited.--No political subdivision, <--
23 nonprofit organization or any other agency or individual shall
24 receive money from the fund for a specific program, service or
25 study for a period exceeding two years.
26 (A) APPROVAL BY COUNTY CHILDREN AND YOUTH AGENCIES.--ALL <--
27 PROGRAMS RECEIVING GRANTS SHALL BE APPROVED BY THE RESPECTIVE
28 COUNTY CHILDREN AND YOUTH AGENCY. SAID AGENCIES SHALL MAKE
29 ANNUAL REPORTS TO THE COMMISSION ON THE EFFECTIVENESS OF THE
30 PROGRAMS RECEIVING GRANTS.
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1 (b) Matching funds.--Political subdivisions, or other
2 organizations, agencies or individuals shall for the first year
3 match with money, 10% of the amount received from the fund.
4 Units of government or other organizations, agencies or
5 individuals shall in the second year match with money, 25% of
6 the amount received from the fund.
7 (c) Local government.--No more than 25% of the money from <--
8 the fund shall be allocated to political subdivisions.
9 (d) (C) Supplantation prohibited.--Funding for existing or <--
10 ongoing services or programs of local or State agencies shall
11 not be replaced by funds made available under this act.
12 Section 3 5. One year from the effective date of this act, <--
13 the commission shall promulgate the initial State plan for the
14 distribution of moneys in the Child Abuse Fund, as provided in
15 section 3(1) of the act.
16 Section 4 6. This act shall take effect in 60 days. <--
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