PRINTER'S NO. 416
No. 403 Session of 1999
INTRODUCED BY EVANS, BEBKO-JONES, BELARDI, BROWNE, BUNT,
CAPPABIANCA, CARN, M. COHEN, CURRY, DeWEESE, GEORGE, GRUITZA,
HARHAI, JAMES, JOSEPHS, LAUGHLIN, MANDERINO, MELIO, MYERS,
PESCI, PRESTON, RAMOS, ROBINSON, SAINATO, STABACK, STEELMAN,
STURLA, J. TAYLOR, THOMAS, TRELLO, TRICH, VAN HORNE, WALKO,
WOJNAROSKI AND YOUNGBLOOD, FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 1999
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 authorizing a crime prevention program; and providing for the
7 duties of the commission and for technical and financial
8 assistance to law enforcement agencies.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The preamble of the act of November 22, 1978
12 (P.L.1166, No.274), referred to as the Pennsylvania Commission
13 on Crime and Delinquency Law, is amended to read:
14 The General Assembly finds and declares that:
15 (a) crime and delinquency are essentially State and local
16 problems;
17 (b) crime and delinquency are complex social phenomena
18 requiring the attention and efforts of the criminal justice
19 system, State and local governments, and private citizens alike;
1 (c) the establishment of appropriate goals, objectives and
2 standards for the reduction of crime and delinquency and for the
3 administration of justice must be a priority concern;
4 (d) the functions of the criminal justice system must be
5 coordinated more efficiently and effectively;
6 (e) the full and effective use of resources affecting State
7 and local criminal justice systems requires the complete
8 cooperation of State and local government agencies; [and]
9 (f) training, research, evaluation, technical assistance and
10 public education activities must be encouraged and focused on
11 the improvement of the criminal justice system and the
12 generation of new methods for the prevention and reduction of
13 crime and delinquency[.];
14 (g) the efforts of law enforcement to combat the incidence
15 of crime are enhanced substantially when communities take steps
16 to reduce the opportunity for crime through effective police
17 leadership in crime prevention planning, public education and
18 the responsible organization of community resources; and
19 (h) it is in the public interest for the Commonwealth to
20 establish a central crime prevention program to provide
21 leadership and technical and financial assistance to law
22 enforcement agencies to develop and maintain community crime
23 prevention initiatives.
24 Section 2. Section 1 of the act, amended April 30, 1986
25 (P.L.125, No.38), is amended to read:
26 Section 1. Definitions.
27 The following words and phrases when used in this act shall
28 have, unless the context clearly indicates otherwise, the
29 meanings given to them in this section:
30 "Citizens advisory committee." A group of not less than ten
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1 private citizens from a municipality whose duty is to assist the
2 servicing law enforcement agency in developing its crime
3 prevention program.
4 "Commission." The Pennsylvania Commission on Crime and
5 Delinquency.
6 "Crime prevention." The elimination or reduction of the
7 opportunity for criminal activity through the initiatives of
8 agencies of State and local government undertaken in cooperation
9 with members of the public.
10 "Governing body." The council in a city, borough or
11 incorporated town, the board of commissioners in a township of
12 the first class, the board of supervisors in a township of the
13 second class, the legislative policymaking body in a county or
14 home rule municipality or other general purpose unit of
15 government that may be created by the General Assembly,
16 including the council of a government organized pursuant to 53
17 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
18 cooperation).
19 "Local law enforcement agency." A law enforcement agency
20 created by a municipality pursuant to statute.
21 "Municipality." A city, borough, county, incorporated town,
22 township and home rule municipality or other general purpose
23 unit of government which may be created by the General Assembly,
24 including the council of a government organized pursuant to 53
25 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
26 cooperation).
27 "Private citizen." An individual who is not an elected or
28 appointed official in a branch of government of the United
29 States, the Commonwealth or a political subdivision.
30 "State law enforcement agency." The Pennsylvania State
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1 Police.
2 Section 3. Section 2(b) of the act, amended April 30, 1986
3 (P.L.125, No.38), is amended to read:
4 Section 2. Pennsylvania Commission on Crime and Delinquency.
5 * * *
6 (b) Composition.--The commission shall consist of the
7 following members:
8 (1) The Attorney General.
9 (2) The Chief Justice of Pennsylvania.
10 (3) The Court Administrator of Pennsylvania.
11 (4) A judge of a court of common pleas.
12 (5) Commissioner of State Police.
13 (6) The chairmen of the House and Senate Majority
14 Appropriations Committees.
15 (7) The chairman of the Juvenile Advisory Committee.
16 (8) Four members of the General Assembly, of whom one
17 shall be designated by, and serve at the pleasure of the
18 President pro tempore of the Senate, one by the Minority
19 Leader of the Senate, one by the Speaker of the House of
20 Representatives and one by the Minority Leader of the House
21 of Representatives.
22 (9) Four members appointed by the Governor, one
23 representative of local law enforcement agencies, one
24 representative of adult correctional rehabilitative agencies,
25 one representative of local elected officials and one
26 district attorney representative.
27 (10) Seven private citizens appointed by the Governor,
28 at least two of which serve on the Juvenile Advisory
29 Committee.
30 (11) Secretary of Corrections.
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1 (11.1) The Victim Advocate.
2 (12) Such additional members appointed by the Governor
3 as are necessary to implement programs authorized by State
4 and Federal law.
5 * * *
6 Section 4. The act is amended by adding sections to read:
7 Section 3.1. Duties of commission relative to certain
8 incarceration legislation.
9 (a) Analysis required.--The commission shall have the power
10 and its duty shall be to prepare and present to the Governor and
11 the General Assembly an analysis of any bill introduced in the
12 General Assembly that would have an impact on prison or jail
13 systems, as well as on State and local probation and parole
14 populations and programs. The analysis shall be factual and, if
15 possible, provide a reliable estimate of both the immediate cost
16 and effect of the bill and, if determinable or reasonably
17 forseeable, the long-range fiscal cost and effect of the bill.
18 (b) Time period for preparing analysis.--The commission
19 shall prepare the analysis at the written request of the
20 Chairman or Minority Chairman of the Senate Judiciary Committee,
21 the Chairman or Minority Chairman of the Judiciary Committee of
22 the House of Representatives, the Speaker of the House of
23 Representatives or the Majority Leader or Minority Leader of the
24 House of Representatives within 45 days of the request.
25 (c) Effect of request.--The request shall have no effect
26 whatsoever upon the method, manner or ability of the General
27 Assembly to consider any bill.
28 (d) Supplements authorized.--The commission may supplement
29 an analysis prepared and presented under this section with
30 additional information at any time.
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1 Section 3.2. Duties of commission relative to crime prevention.
2 The commission shall have the power and its duty shall be:
3 (1) To develop Statewide strategies to implement crime
4 prevention programs at the State and local level.
5 (2) To review State agency plans to ensure the
6 coordination of the delivery of crime prevention services.
7 (3) To develop, coordinate and administer crime
8 prevention-related training programs for State and local law
9 enforcement agency personnel on current issues and techniques
10 in the field of crime prevention.
11 (4) To provide leadership and on-site technical
12 assistance services to State agencies and local law
13 enforcement agencies in developing and implementing crime
14 prevention programs.
15 (5) To assure the design, development and availability
16 of crime prevention materials.
17 (6) To promote the involvement of community
18 organizations in the development and implementation of crime
19 prevention programs.
20 (7) To submit, on a biennial basis, a report to the
21 Governor and the General Assembly concerning the status of
22 crime prevention programs throughout this Commonwealth.
23 Section 3.3. Crime prevention financial assistance.
24 (a) Applications.--The commission shall solicit and receive
25 applications from local law enforcement agencies for financial
26 assistance to implement crime prevention programs and allocate
27 State funds to applicants in accordance with the provisions of
28 applicable statutes and regulations.
29 (b) Pennsylvania State Police applications.--The
30 Pennsylvania State Police may apply for and receive financial
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1 assistance under the provisions of this section for crime
2 prevention programs implemented in those areas of the
3 Commonwealth for which the Pennsylvania State Police serves as
4 the principal law enforcement agency.
5 (c) Assurances and plan.--An application for financial
6 assistance under this section shall contain an assurance that
7 the applicant will submit semiannual reports on the progress of
8 its crime prevention activities and will comply with those
9 requirements that the commission may reasonably adopt. The
10 application shall also include a crime prevention services plan
11 containing, as a minimum, all of the following elements:
12 (1) A project plan which includes a goal statement,
13 specific project objectives, a project budget statement, a
14 description of the quantity and type of resource materials
15 needed and a project evaluation methodology.
16 (2) A description of the types of crime prevention
17 activities proposed to be conducted by the applicant and a
18 specification of the nature and extent of the direct
19 participation of community organizations in the proposed
20 activities.
21 (3) A description of the nature and extent of
22 participation by persons representing the business community
23 in the proposed activities and a specification of those
24 proposed activities which are intended to have an impact upon
25 crimes affecting the local business community.
26 (4) A specific identification of the nature and types of
27 crimes upon which the proposed activities are intended to
28 impact and the level of impact the activities are projected
29 to achieve.
30 (5) A description of the geographic area within which
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1 the proposed activities will be primarily conducted.
2 (d) Approval of application.--The commission may not approve
3 an application for financial assistance under this section
4 unless:
5 (1) the application has been duly authorized and
6 approved in writing by the governing body of the municipality
7 served by a local law enforcement agency applicant or by the
8 Commissioner of the Pennsylvania State Police in the case of
9 a State law enforcement agency application; and
10 (2) the application has been reviewed and commented upon
11 by an advisory committee composed of not less than ten
12 residents of the municipality to be served under the
13 application. The advisory committee referred to in this
14 paragraph must be appointed by the governing body of the
15 municipality served by a local law enforcement agency
16 applicant or by the Commanding Officer of the Pennsylvania
17 State Police installation for the jurisdiction to be served
18 in the case of a State law enforcement agency application and
19 must be fairly representative of the interests of residents
20 and business in the municipality.
21 (e) Allocation of funds.--
22 (1) The commission shall make available not less than
23 80% of the State funds appropriated annually for the
24 administration of this section for financial assistance to
25 State and local enforcement agencies for the support of
26 municipal, county or regional crime prevention projects.
27 (2) The funds shall be used to pay 50% of an individual
28 project's cost, provided the projects are operated under the
29 guidance of a law enforcement officer or other governmental
30 employee, who has successfully completed those courses of
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1 instruction required by the commission.
2 (3) No one project shall be eligible to receive more
3 than three years of funding.
4 (4) The remaining 50% of a project's funding shall come
5 from local resources, except that the commission may lower
6 this requirement where the crime prevention program is part
7 of a local economic development initiative and a lower match
8 is deemed necessary for project implementation. The 50% match
9 requirement of this paragraph shall be waived completely for
10 a municipality determined to be distressed under the act of
11 July 10, 1987 (P.L.246, No.47), known as the "Municipalities
12 Financial Recovery Act."
13 (5) Individual counties or groups of counties acting in
14 concert may apply for funding to support countywide or
15 regional crime prevention plans.
16 (f) Commission use of funds.--The commission may retain the
17 balance of the State funds appropriated annually for the
18 operation of a centralized crime prevention program and
19 administration of the financial assistance requirements
20 contained in this section.
21 (g) Grant administration.--Grants of financial assistance
22 made under this section shall be subject to the provisions of
23 section 3(4) and (5).
24 Section 5. This act shall take effect immediately.
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