PRINTER'S NO. 2757
No. 2183 Session of 1995
INTRODUCED BY KUKOVICH, CURRY, MANDERINO, TANGRETTI, ITKIN,
BELARDI, JOSEPHS, E. Z. TAYLOR, STEELMAN, STABACK, WALKO,
RUDY, MELIO, CAPPABIANCA, STURLA, SHANER, ROONEY AND TRELLO,
NOVEMBER 1, 1995
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 1, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 purposes of the Juvenile Act and for the definition of
4 "delinquent act"; adding definitions for "extended
5 jurisdiction juvenile offender" and "extended jurisdiction
6 juvenile prison"; and providing for extended jurisdiction
7 juvenile offenders.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 6301 of Title 42 of the Pennsylvania
11 Consolidated Statutes is amended to read:
12 § 6301. Short title and purposes of chapter.
13 (a) Short title.--This chapter shall be known and may be
14 cited as the ["]Juvenile Act.["]
15 (b) Purposes.--This chapter shall be interpreted and
16 construed as to effectuate the following purposes:
17 (1) To preserve the unity of the family whenever
18 possible and to provide for the care, protection, and
19 wholesome mental and physical development of children coming
1 within the provisions of this chapter.
2 (2) Consistent with the protection of the public
3 interest, to [remove from] provide for children committing
4 delinquent acts [the consequences of criminal behavior, and
5 to substitute therefor a program] programs of supervision,
6 care and rehabilitation which provide a balanced attention to
7 the protection of the community, the imposition of
8 accountability for offenses committed and the development of
9 competencies to enable children to become responsible and
10 productive members of the community.
11 (3) To achieve the foregoing purposes in a family
12 environment whenever possible, separating the child from
13 parents only when necessary for his welfare or in the
14 interests of public safety.
15 (4) To provide means through which the provisions of
16 this chapter are executed and enforced and in which the
17 parties are assured a fair hearing and their constitutional
18 and other legal rights recognized and enforced.
19 Section 2. The definition of "delinquent act" in section
20 6302 of Title 42, amended March 15, 1995 (1st Sp.Sess., P.L. ,
21 No.6), is amended and the section is amended by adding
22 definitions to read:
23 § 6302. Definitions.
24 The following words and phrases when used in this section
25 shall have, unless the context clearly indicates otherwise, the
26 meanings given to them in this section:
27 * * *
28 "Delinquent act."
29 (1) The term means an act designated a crime under the
30 law of this Commonwealth, or of another state if the act
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1 occurred in that state, or under Federal law, or under local
2 ordinances.
3 (2) The term shall not include:
4 (i) The crime of murder.
5 (ii) Summary offenses, unless the child fails to
6 comply with a lawful sentence imposed thereunder, in
7 which event notice of such fact shall be certified to the
8 court.
9 (iii) A crime committed by a child who has been
10 found guilty in a criminal proceeding for other than a
11 summary offense.
12 (iv) Any felony committed while in placement in an
13 extended jurisdiction juvenile prison or on post-release
14 supervision from such a facility.
15 * * *
16 "Extended jurisdiction juvenile offender."
17 (1) A child who committed any of the following offenses,
18 was 15 years of age or older at the time of the offense and
19 used a deadly weapon as defined under 18 Pa.C.S. § 2301
20 (relating to definitions) in the commission of the offense
21 which if committed by an adult would be classified as:
22 (i) Rape as defined in 18 Pa.C.S. § 3121 (relating
23 to rape).
24 (ii) Involuntary deviate sexual intercourse as
25 defined in 18 Pa.C.S. § 3123 (relating to involuntary
26 deviate sexual intercourse).
27 (iii) Aggravated assault as defined in 18 Pa.C.S. §
28 2702(a)(1) or (2) (relating to aggravated assault).
29 (iv) Robbery as defined in 18 Pa.C.S. §
30 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
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1 (v) Robbery of motor vehicle as defined in 18
2 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
3 (vi) Aggravated indecent assault as defined in 18
4 Pa.C.S. § 3125 (relating to aggravated indecent assault).
5 (vii) Kidnapping as defined in 18 Pa.C.S. § 2901
6 (relating to kidnapping).
7 (viii) Voluntary manslaughter.
8 (ix) An attempt, conspiracy or solicitation to
9 commit murder or any of these crimes, as provided in 18
10 Pa.C.S. §§ 901 (relating to criminal attempt), 902
11 (relating to criminal solicitation) and 903 (relating to
12 criminal conspiracy).
13 (2) A child who has been previously adjudicated
14 delinquent for conduct which would be a felony if committed
15 by an adult, was 15 years of age or older and committed any
16 of the following offenses:
17 (i) Rape as defined in 18 Pa.C.S. § 3121.
18 (ii) Involuntary deviate sexual intercourse as
19 defined in 18 Pa.C.S. § 3123.
20 (iii) Robbery as defined in 18 Pa.C.S. §
21 3701(a)(1)(i), (ii) or (iii).
22 (iv) Robbery of motor vehicle as defined in 18
23 Pa.C.S. § 3702.
24 (v) Aggravated indecent assault as defined in 18
25 Pa.C.S. § 3125.
26 (vi) Kidnapping as defined in 18 Pa.C.S. § 2901.
27 (vii) Voluntary manslaughter.
28 (viii) An attempt, conspiracy or solicitation to
29 commit murder or any of these crimes, as provided in 18
30 Pa.C.S. §§ 901, 902 and 903.
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1 A child determined by the court to be an extended jurisdiction
2 juvenile offender may remain under the jurisdiction of the
3 juvenile court until age 24 pursuant to the conditions of
4 section 6352.1 (relating to disposition of extended jurisdiction
5 juveniles).
6 "Extended jurisdiction juvenile prison." A prison
7 constructed and operated by the Department of Corrections solely
8 for the incarceration of extended jurisdiction juvenile
9 offenders.
10 * * *
11 Section 3. Section 6306 of Title 42 is amended to read:
12 § 6306. Costs and expenses of care of child.
13 [The] (a) General rule.--Except as provided in subsection
14 (b), the costs and expenses of the care of the child shall be
15 paid as provided by sections 704.1 and 704.2 of the act of June
16 13, 1967 (P.L.31, No.21), known as the ["]Public Welfare
17 Code.["]
18 (b) Costs for extended jurisdiction.--All costs associated
19 with placement of children in an extended jurisdiction juvenile
20 prison shall be borne by the Commonwealth.
21 Section 4. Section 6308(b) of Title 42, amended March 15,
22 1995 (1st Sp.Sess., P.L. , No.6), is amended to read:
23 § 6308. Law enforcement records.
24 * * *
25 (b) Public availability.--
26 (1) The contents of law enforcement records and files
27 concerning a child shall not be disclosed to the public
28 except if the child is 14 or more years of age at the time of
29 the alleged conduct and if any of the following apply:
30 (i) The child has been adjudicated delinquent by a
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1 court as a result of an act or acts which include the
2 elements of rape, kidnapping, murder, robbery, arson,
3 burglary, violation of section 13(a)(30) of the act of
4 April 14, 1972 (P.L.233, No.64), known as The Controlled
5 Substance, Drug, Device and Cosmetic Act, or other act
6 involving the use of or threat of serious bodily harm.
7 (ii) A petition alleging delinquency has been filed
8 by a law enforcement agency alleging that the child has
9 committed an act or acts which include the elements of
10 rape, kidnapping, murder, robbery, arson, burglary,
11 violation of section 13(a)(30) of The Controlled
12 Substance, Drug, Device and Cosmetic Act, or other act
13 involving the use of or threat of serious bodily harm and
14 the child previously has been adjudicated delinquent by a
15 court as a result of an act or acts which included the
16 elements of one of such crimes.
17 (iii) The child is an extended jurisdiction juvenile
18 offender.
19 (2) If the conduct of the child meets the requirements
20 for disclosure as set forth in paragraph (1), then the court
21 or law enforcement agency, as the case may be, shall disclose
22 the name, age and address of the child, the offenses charged
23 and the disposition of the case. The master or judge who
24 adjudicates a child delinquent shall specify the particular
25 offenses and counts thereof which the child is found to have
26 committed and such information shall be inserted on any law
27 enforcement records or files disclosed to the public as
28 provided for in this section.
29 * * *
30 Section 5. Sections 6322 and 6334 of Title 42 are amended to
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1 read:
2 § 6322. Transfer from criminal proceedings.
3 (a) General rule.--Except as provided in 75 Pa.C.S. § 6303
4 (relating to rights and liabilities of minors) or in the event
5 the child is charged with murder or has been found guilty in a
6 criminal proceeding, if it appears to the court in a criminal
7 proceeding that the defendant is a child, this chapter shall
8 immediately become applicable, and the court shall forthwith
9 halt further criminal proceedings, and, where appropriate,
10 transfer the case to the division or a judge of the court
11 assigned to conduct juvenile hearings, together with a copy of
12 the accusatory pleading and other papers, documents, and
13 transcripts of testimony relating to the case. If it appears to
14 the court in a criminal proceeding charging murder or other
15 offense under the provisions of paragraph (2) of the definition
16 of "delinquent act" in section 6302 (relating to definitions),
17 that the defendant is a child, the case may similarly be
18 transferred and the provisions of this chapter applied. In
19 determining whether to transfer a case charging murder, the
20 court shall apply the criteria in section 6355(a)(4)(iii)(A)
21 (relating to transfer to criminal proceedings). However, the
22 child shall be required to show the court that the child is
23 amenable to treatment, supervision or rehabilitation as a
24 juvenile by meeting the criteria listed in section
25 6355(a)(4)(iii)(A). If the court orders the case to be
26 transferred to the division or a judge of the court assigned to
27 conduct juvenile hearings, the defendant shall be taken
28 forthwith to the probation officer or to a place of detention
29 designated by the court or released to the custody of his
30 parent, guardian, custodian, or other person legally responsible
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1 for him, to be brought before the court at a time to be
2 designated. The accusatory pleading may serve in lieu of a
3 petition otherwise required by this chapter, unless the court
4 directs the filing of a petition.
5 (b) Transfer of convicted criminal cases.--If in a criminal
6 proceeding charging murder the child is convicted of a crime
7 less than murder, the case may be transferred for disposition to
8 the division or a judge of the court assigned to conduct
9 juvenile hearings. If, in a criminal proceeding resulting from a
10 transfer under section 6355(a), the child is convicted of a
11 lesser charge which is classified as a misdemeanor, the case may
12 be transferred for disposition to the division or a judge of the
13 court assigned to conduct juvenile hearings.
14 § 6334. Petition.
15 (a) General rule.--A petition, which shall be verified and
16 may be on information and belief, may be brought by any person
17 including a law enforcement officer. It shall set forth plainly:
18 (1) The facts which bring the child within the
19 jurisdiction of the court and this chapter, with a statement
20 that it is in the best interest of the child and the public
21 that the proceeding be brought and, if delinquency is
22 alleged, that the child is in need of treatment, supervision
23 or rehabilitation.
24 (2) The name, age, and residence address, if any, of the
25 child on whose behalf the petition is brought.
26 (3) The names and residence addresses, if known to the
27 petitioner, of the parents, guardian, or custodian of the
28 child and of the spouse, if any, of the child. If none of his
29 parents, guardian, or custodian resides or can be found
30 within this Commonwealth, or if their respective places of
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1 residence address are unknown, the name of any known adult
2 relative residing within the county, or if there be none, the
3 known adult relative residing nearest to the location of the
4 court.
5 (4) If the child is in custody and, if so, the place of
6 his detention and the time he was taken into custody.
7 (b) Extended jurisdiction juvenile petition--If a child is
8 alleged to be delinquent and is alleged to have committed any of
9 the offenses enumerated under the definition of "extended
10 jurisdiction juvenile offender" in section 6302 (relating to
11 definitions), a district attorney shall file a petition for
12 extended jurisdiction juvenile status at the same time of the
13 filing of the delinquency petition.
14 Section 6. Sections 6340 and 6341 of Title 42 are amended by
15 adding subsections to read:
16 § 6340. Consent decree.
17 * * *
18 (b.1) Terms and conditions.--Consistent with the protection
19 of the public interest, the terms and conditions of a consent
20 decree shall, as appropriate to the circumstance of each case,
21 include provisions which provide balanced attention to the
22 protection of the community, accountability for offenses
23 committed and the development of competencies to enable the
24 child to become a responsible and productive member of the
25 community.
26 * * *
27 § 6341. Adjudication.
28 * * *
29 (b.1) Adjudication of extended jurisdiction juveniles.--If
30 the petition alleges that the child has committed acts pursuant
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1 to the definition of "extended jurisdiction juvenile offender"
2 as defined in section 6302 (relating to definitions), and the
3 court finds proof beyond a reasonable doubt that the child
4 committed the acts alleged, the child shall be determined to be
5 an extended jurisdiction juvenile offender.
6 * * *
7 Section 7. Section 6352 of Title 42 is amended to read:
8 § 6352. Disposition of delinquent child.
9 (a) General rule.--If the child is found to be a delinquent
10 child, the court may make any of the following orders of
11 disposition determined to be consistent with the protection of
12 the public interest and best suited to [his] the child's
13 treatment, supervision, rehabilitation[,] and welfare, which
14 disposition shall, as appropriate to the individual
15 circumstances of the child's case, provide balanced attention to
16 the protection of the community, the imposition of
17 accountability for offenses committed and the development of
18 competencies to enable the child to become a responsible and
19 productive member of the community:
20 (1) Any order authorized by section 6351 (relating to
21 disposition of dependent child).
22 (2) Placing the child on probation under supervision of
23 the probation officer of the court or the court of another
24 state as provided in section 6363 (relating to ordering
25 foreign supervision), under conditions and limitations the
26 court prescribes.
27 (3) Committing the child to an institution, youth
28 development center, camp, or other facility for delinquent
29 children operated under the direction or supervision of the
30 court or other public authority and approved by the
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1 Department of Public Welfare.
2 (4) If the child is 12 years of age or older, committing
3 the child to an institution operated by the Department of
4 Public Welfare.
5 (5) Ordering payment by the child of reasonable amounts
6 of money as fines, costs or restitution as deemed appropriate
7 as part of the plan of rehabilitation considering the nature
8 of the acts committed and the earning capacity of the child.
9 (6) An order of the terms of probation may include an
10 appropriate fine considering the nature of the act committed
11 or restitution not in excess of actual damages caused by the
12 child which shall be paid from the earnings of the child
13 received through participation in a constructive program of
14 service or education acceptable to the victim and the court
15 whereby, during the course of such service, the child shall
16 be paid not less than the minimum wage of this Commonwealth.
17 In ordering such service, the court shall take into
18 consideration the age, physical and mental capacity of the
19 child and the service shall be designed to impress upon the
20 child a sense of responsibility for the injuries caused to
21 the person or property of another. The order of the court
22 shall be limited in duration consistent with the limitations
23 in section 6353 (relating to limitation on and change in
24 place of commitment) and in the act of May 13, 1915 (P.L.286,
25 No.177), known as the ["]Child Labor Law.["] The court order
26 shall specify the nature of the work, the number of hours to
27 be spent performing the assigned tasks, and shall further
28 specify that as part of a plan of treatment and
29 rehabilitation that up to 75% of the earnings of the child be
30 used for restitution in order to provide positive
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1 reinforcement for the work performed.
2 (7) Designating the child an extended jurisdiction
3 juvenile and committing the child to a facility as enumerated
4 in paragraphs (3) and (4).
5 (8) Committing the child to a prison for extended
6 jurisdiction juvenile offenders.
7 In selecting from the alternatives set forth in this section,
8 the court shall follow the general principle that the
9 disposition imposed should provide the means through which the
10 provisions of this chapter are executed and enforced consistent
11 with section 6301(b) (relating to purposes) and when confinement
12 is necessary, the court shall impose the minimum amount of
13 confinement that is consistent with the protection of the public
14 and the rehabilitation needs of the child.
15 (b) Limitation on place of commitment.--A child shall not be
16 committed or transferred to a penal institution or other
17 facility used primarily for the execution of sentences of adults
18 convicted of a crime.
19 Section 8. Title 42 is amended by adding a section to read:
20 § 6352.1. Disposition of extended jurisdiction juveniles.
21 (a) General rule.--If the court determines that a child is
22 an extended jurisdiction juvenile offender under section
23 6341(b.1) (relating to adjudication), it shall:
24 (1) impose one or more juvenile dispositions under
25 section 6352(3) and (4) (relating to disposition of
26 delinquent child) and impose a commitment to the extended
27 jurisdiction juvenile prison, the execution of which shall be
28 stayed on the condition that the offender not violate the
29 provisions of the disposition order and not commit a new
30 offense; or
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1 (2) impose a commitment directly to the extended
2 jurisdiction juvenile prison.
3 (b) Execution of suspended commitment to an extended
4 jurisdiction juvenile prison.--When it appears that an extended
5 jurisdiction juvenile offender has violated the conditions of
6 the stayed sentence, or is alleged to have committed a new
7 offense, the court shall without notice revoke the stay and
8 probation and direct that the offender be taken into immediate
9 custody. The court shall notify the offender in writing of the
10 reasons alleged to exist for revocation of the stayed sentence.
11 If the offender challenges the reasons, the court shall hold a
12 hearing on the issue at which the offender is entitled to be
13 heard and represented by counsel. After the hearing, if the
14 court finds that reasons exist to revoke the stay of execution
15 of sentence, the court shall order placement in the extended
16 jurisdiction juvenile prison.
17 (c) Placement in extended jurisdiction juvenile prison.--In
18 all cases placement in the extended jurisdiction juvenile prison
19 shall be for a minimum of 18 months at which time a review shall
20 be conducted by the court to determine whether continued
21 placement is required. An extended jurisdiction juvenile
22 offender may remain committed to such facility until attaining
23 24 years of age.
24 Section 9. Sections 6353 and 6354 of Title 42 are amended to
25 read:
26 § 6353. Limitation on and change in place of commitment.
27 (a) General rule.--No child shall initially be committed to
28 an institution for a period longer than four years or a period
29 longer than he could have been sentenced by the court if he had
30 been convicted of the same offense as an adult, whichever is
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1 less. The initial commitment may be extended for a similar
2 period of time, or modified, if the court finds after hearing
3 that the extension or modification will effectuate the original
4 purpose for which the order was entered. The child shall have
5 notice of the extension or modification hearing and shall be
6 given an opportunity to be heard. The committing court shall
7 review each commitment every six months and shall hold a
8 disposition review hearing at least every nine months.
9 (b) Transfer to other institution.--After placement of the
10 child, and if his progress with the institution warrants it, the
11 institution may seek to transfer the child to a less secure
12 facility, including a group home or foster boarding home. The
13 institution shall give the committing court written notice of
14 all requests for transfer and shall give the attorney for the
15 Commonwealth written notice of a request for transfer from a
16 secure facility to another facility. If the court, or in the
17 case of a request to transfer from a secure facility, the
18 attorney for the Commonwealth, does not object to the request
19 for transfer within ten days after the receipt of such notice,
20 the transfer may be effectuated. If the court, or in the case of
21 a request to transfer from a secure facility, the attorney for
22 the Commonwealth, objects to the transfer, the court shall hold
23 a hearing within 20 days after objecting to the transfer for the
24 purpose of reviewing the commitment order. The institution shall
25 be notified of the scheduled hearing, at which hearing evidence
26 may be presented by any interested party on the issue of the
27 propriety of the transfer. If the institution seeks to transfer
28 to a more secure facility the child shall have a full hearing
29 before the committing court. At the hearing, the court may
30 reaffirm or modify its commitment order.
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1 (c) Notice of available facilities and services.--
2 Immediately after the Commonwealth adopts its budget, the
3 Department of Public Welfare shall notify the courts and the
4 General Assembly, for each Department of Public Welfare region,
5 of the available:
6 (1) Secure beds for the serious juvenile offenders.
7 (2) General residential beds for the adjudicated
8 delinquent child.
9 (3) The community-based programs for the adjudicated
10 delinquent child.
11 (c.1) Notification of space availability.--Immediately after
12 the Commonwealth adopts its budget, the Department of
13 Corrections shall notify the courts and the General Assembly of
14 the available space in the extended jurisdiction juvenile
15 prison.
16 (d) Overpopulation.--If the population at a particular
17 institution or program exceeds 110% of capacity, the
18 [department] departments shall notify the courts and the General
19 Assembly that intake to that institution or program is
20 temporarily closed and shall make available equivalent services
21 to children in equivalent facilities.
22 § 6354. Effect of adjudication.
23 (a) General rule.--An order of disposition or other
24 adjudication in a proceeding under this chapter is not a
25 conviction of crime and does not impose any civil disability
26 ordinarily resulting from a conviction or operate to disqualify
27 the child in any civil service application or appointment.
28 (b) Effect in subsequent judicial matters.--The disposition
29 of a child under this chapter may not be used against him in any
30 proceeding in any court other than at a subsequent juvenile
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1 hearing, whether before or after reaching majority, except:
2 (1) in dispositional proceedings after conviction of a
3 felony for the purposes of [a presentence investigation and
4 report] sentencing; or
5 (2) if relevant, where he has put his reputation or
6 character in issue in a civil matter.
7 Section 10. This act shall take effect in 60 days.
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