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        PRIOR PRINTER'S NOS. 1202, 1680              PRINTER'S NO.  1869

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1048 Session of 2001


        INTRODUCED BY MACKERETH, R. MILLER, ALLEN, ARGALL, BARD, BARLEY,
           BENNINGHOFF, BIRMELIN, BUNT, CAPPELLI, CLARK, L. I. COHEN,
           DALEY, DeWEESE, FEESE, FLEAGLE, FLICK, FRANKEL, FREEMAN,
           GABIG, GRUCELA, HARHAI, HARHART, HARPER, HENNESSEY, PERZEL,
           HERMAN, JAMES, KENNEY, LYNCH, MAITLAND, MAJOR, MANDERINO,
           McNAUGHTON, MUNDY, NAILOR, NICKOL, ORIE, PICKETT, PISTELLA,
           RAYMOND, READSHAW, ROSS, SAYLOR, SCHULER, B. SMITH,
           S. H. SMITH, STRITTMATTER, STURLA, E. Z. TAYLOR, J. TAYLOR,
           THOMAS, TRELLO, TULLI, VANCE, WALKO, WATSON, WILT, WOGAN,
           YOUNGBLOOD, MANN, S. MILLER, C. WILLIAMS, DiGIROLAMO, MYERS,
           COLAFELLA, COLEMAN AND STETLER, MARCH 19, 2001

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 7, 2001

                                     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 composition of the Pennsylvania
     7     Commission on Crime and Delinquency and for powers and duties
     8     of the commission; changing the name of the Juvenile Advisory
     9     Committee; providing for the powers and duties of the
    10     Juvenile Justice and Delinquency Prevention Committee; and
    11     further providing for the membership of the Juvenile Justice
    12     and Delinquency Prevention Committee.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 2(b) 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, amended December 15, 1999
    18  (P.L.922, No.60), is amended to read:

     1  Section 2.  Pennsylvania Commission on Crime and Delinquency.
     2     * * *
     3     (b)  Composition.--The commission shall consist of the
     4  following members:
     5         (1)  The Attorney General.
     6         (2)  The Chief Justice of Pennsylvania.
     7         (3)  The Court Administrator of Pennsylvania.
     8         (4)  A judge of a court of common pleas.
     9         (5)  Commissioner of State Police.
    10         (6)  The chairmen of the House and Senate Majority
    11     Appropriations Committees.
    12         (7)  The chairman of the Juvenile [Advisory] JUSTICE AND   <--
    13     DELINQUENCY PREVENTION Committee.
    14         (8)  Four members of the General Assembly, of whom one
    15     shall be designated by, and serve at the pleasure of the
    16     President pro tempore of the Senate, one by the Minority
    17     Leader of the Senate, one by the Speaker of the House of
    18     Representatives and one by the Minority Leader of the House
    19     of Representatives.
    20         (9)  [Four] Seven SIX members appointed by the Governor,   <--
    21     one representative of local law enforcement agencies, one
    22     representative of [adult correctional rehabilitative
    23     agencies] local correctional facilities, one representative
    24     of local elected officials [and], one district attorney
    25     representative, one representative of county sheriffs AND one  <--
    26     representative of a local victims' service agency and one      <--
    27     representative of county commissioners.
    28         (10)  Seven private citizens appointed by the Governor,
    29     at least two of which serve on the Juvenile [Advisory]
    30     Justice and Delinquency Prevention Committee.
    20010H1048B1869                  - 2 -

     1         (11)  Secretary of Corrections.
     2         (12)  The Victim Advocate.
     3         (13)  Secretary of Public Welfare.
     4         (14)  Secretary of Education.
     5         (15)  Secretary of Health.
     6         (16)  Chairman of the Board of Probation and Parole.
     7         (17)  Executive Director of the Juvenile Court Judges'
     8     Commission.
     9         [(13)] (18)  Such additional members appointed by the
    10     Governor as are necessary to implement programs authorized by
    11     State and Federal law.
    12     * * *
    13     Section 2.  Section 3(7) of the act is amended and the
    14  section is amended by adding paragraphs to read:
    15  Section 3.  Powers and duties of the commission.
    16     The commission shall have the power and its duty shall be:
    17         * * *
    18         (6.1)  To define and collaborate with all State agencies
    19     on planning and programming related to juvenile delinquency
    20     prevention and the REDUCTION AND prevention of violence by     <--
    21     and against children.
    22         (6.2)  To design and promote comprehensive research-based
    23     initiatives to assist communities and community-based
    24     organizations in reducing risk to and promoting the positive
    25     development of children and in preventing juvenile
    26     delinquency and youth violence.
    27         (6.3)  To provide support to law enforcement and
    28     community partnerships whose mission includes comprehensive,
    29     targeted crime prevention efforts and a planning process for
    30     the revitalization of high-crime and distressed communities.
    20010H1048B1869                  - 3 -

     1         (7)  To define, develop and [correlate] coordinate
     2     programs and projects and establish priorities for crime
     3     prevention and for improvement in law enforcement [and],
     4     criminal justice[, including] and juvenile justice [and
     5     delinquency prevention,] throughout [the] this Commonwealth.
     6         * * *
     7     Section 3.  Sections 6 heading and (a) and 7 of the act,
     8  amended or added December 17, 1981 (P.L.429, No.134), are
     9  amended to read:
    10  Section 6.  Juvenile [Advisory] Justice and Delinquency
    11                 Prevention Committee.
    12     (a)  Establishment and membership.--There is hereby
    13  established the Juvenile [Advisory] Justice and Delinquency
    14  Prevention Committee within the commission. The members of the
    15  committee shall be appointed by the Governor and shall include
    16  representation of units of local government, law enforcement and
    17  juvenile justice agency probation personnel, juvenile court
    18  judges, the Executive Director of the Juvenile Court Judges'
    19  Commission, public and private agencies and organizations
    20  concerned with delinquency prevention or treatment and services
    21  to delinquency prevention or treatment and services to dependent
    22  children, community-based prevention in-treatment programs,
    23  organizations concerned with the quality of juvenile justice or
    24  that utilize volunteers to work with delinquent or dependent
    25  children, businesses employing youth, youth workers involved
    26  with alternative youth programs, persons with special experience
    27  and competence in addressing the problem of school violence and
    28  vandalism and the problem of learning disabilities and
    29  representatives of public agencies concerned with special
    30  education. Members shall serve for a four-year term, and may be
    20010H1048B1869                  - 4 -

     1  appointed for no more than one additional consecutive term.
     2     * * *
     3  Section 7.  Powers and duties of the Juvenile [Advisory] Justice
     4             and Delinquency Prevention Committee.
     5     The Juvenile [Advisory] Justice and Delinquency Prevention
     6  Committee shall have the power, and its duty shall be:
     7         (1)  Serve in an advisory capacity to the commission
     8     through the committee's participation in the development of
     9     that part of the commission's comprehensive plan relating to
    10     juvenile justice and delinquency prevention.
    11         (2)  Those functions related to the direct approval and
    12     disbursement of financial assistance shall be in an advisory
    13     capacity only, but the advisory committee shall have the
    14     opportunity to review and comment on such applications within
    15     30 days after receipt of the application from the commission.
    16         (3)  To advise the commission on the definition,
    17     development and correlation of programs and projects and the
    18     establishment of priorities for juvenile justice and
    19     delinquency prevention.
    20         (4)  To develop standards, methods and procedures for
    21     evaluating and monitoring services for delinquent and
    22     dependent children.
    23         (5)  Upon request provide whatever assistance and advice
    24     to the commission on any other matters relating to juvenile
    25     justice and delinquency prevention.
    26         (6)  Staff support shall be made available to the
    27     Juvenile [Advisory] Justice and Delinquency Prevention
    28     Committee by the executive director in order to adequately
    29     perform the duties provided for in this section.
    30         (7)  Submit to the Governor and the General Assembly such
    20010H1048B1869                  - 5 -

     1     reports as may be required by Federal Law.
     2         (8)  To advise the commission in defining and
     3     collaborating with all State agencies on planning and
     4     programming related to juvenile delinquency prevention and
     5     the REDUCTION AND prevention of violence by and against        <--
     6     children.
     7         (9)  To advise and assist the commission in designing and
     8     promoting comprehensive research-based initiatives to assist
     9     communities and community-based organizations in reducing
    10     risk to and promoting the positive development of children
    11     and in preventing juvenile delinquency and youth violence.
    12     Section 4.  This act shall take effect in 60 days.












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