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| PRIOR PRINTER'S NO. 2078 | PRINTER'S NO. 2245 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EACHUS, BOBACK, BOYLE, CARROLL, D. COSTA, DALLY, GOODMAN, JOHNSON, McCALL, MELIO, MUNDY, MURPHY, PASHINSKI, PAYTON, SIPTROTH, WALKO, WANSACZ, YUDICHAK AND BRIGGS, JUNE 10, 2009 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 2009 |
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| AN ACT |
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1 | Establishing a joint legislative, executive and judicial |
2 | commission on juvenile justice. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Interbranch |
7 | Commission on Juvenile Justice Act. |
8 | Section 2. Declaration of policy. |
9 | The General Assembly finds and declares as follows: |
10 | (1) Recent events involving the actions of several |
11 | judges in Luzerne County with respect to juvenile delinquency |
12 | proceedings require an a noncriminal investigation and review | <-- |
13 | of the operations of the juvenile justice system in that |
14 | county. |
15 | (2) These events may have violated the principles in the |
16 | Pennsylvania Constitution and State law and have eroded the |
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1 | trust and confidence in Luzerne County's juvenile justice |
2 | system. |
3 | (3) Therefore, the legislative, judicial and executive |
4 | branches of State government shall undertake a joint |
5 | noncriminal investigation and review to: | <-- |
6 | (i) ascertain how the Luzerne County juvenile |
7 | justice system failed; |
8 | (ii) restore public confidence in the administration |
9 | of justice; and |
10 | (iii) prevent similar events from occurring. |
11 | Section 3. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Commission." The Interbranch Commission on Juvenile Justice |
16 | established in section 4. |
17 | Section 4. Commission. |
18 | (a) Establishment.--The Interbranch Commission on Juvenile |
19 | Justice is established. |
20 | (b) Membership.--The commission shall consist of the |
21 | following members, appointed within 15 days of the effective |
22 | date of this section: |
23 | (1) Four members appointed by the Chief Justice of the |
24 | Supreme Court of Pennsylvania. One of the members must have |
25 | served on the Juvenile Court Judges' Commission. |
26 | (2) Four members knowledgeable and experienced in |
27 | juvenile law or providing services to juveniles who are not |
28 | members of the General Assembly. One member shall be |
29 | appointed by each of the following: |
30 | (i) The President pro tempore of the Senate. |
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1 | (ii) The Minority Leader of the Senate. |
2 | (iii) The Speaker of the House of Representatives. |
3 | (iv) The Minority Leader of the House of |
4 | Representatives. |
5 | (3) Three members appointed by the Governor. One member |
6 | under this paragraph must be a member of the general public. |
7 | One member under this paragraph must be a member of the |
8 | Coalition of Pennsylvania Crime Victim Organizations who is |
9 | directly involved in providing services to victims associated |
10 | with juvenile crime in a county. |
11 | (c) Chairperson.--The chief justice Chief Justice shall | <-- |
12 | select the chairperson of the commission. |
13 | (d) Quorum and voting.-- |
14 | (1) The physical presence of six members constitutes a |
15 | quorum. |
16 | (2) Action of the commission must be authorized or |
17 | ratified by majority vote of participating members. |
18 | (e) Participation.--A member not physically present may |
19 | participate by teleconference or video conference. |
20 | (f) Meetings.--The following shall apply: |
21 | (1) The commission shall meet at least once a month. |
22 | Additional meetings may be called by the chairperson as |
23 | necessary. The chairperson shall schedule a meeting upon |
24 | written request of four members of the commission. |
25 | (2) The first meeting shall be convened within 45 days |
26 | of the effective date of this section. |
27 | (3) The commission shall hold public hearings as |
28 | necessary to obtain the information required to conduct the |
29 | investigation and review under section 5. |
30 | (g) Expenses.--Members shall not receive compensation but |
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1 | shall be reimbursed for expenses incurred in service of the |
2 | commission. |
3 | (h) Support.-- |
4 | (1) The Administrative Office of Pennsylvania Courts |
5 | shall provide administrative services to the commission. |
6 | (2) Upon request, the Pennsylvania Commission on Crime |
7 | and Delinquency and the Joint State Government Commission |
8 | shall provide administrative assistance to the commission. |
9 | (3) The Juvenile Court Judges' Commission may provide |
10 | analyses, reports and recommendations to the commission. |
11 | Section 5. Functions of commission. |
12 | (a) Powers.--The commission has the following powers: |
13 | (1) To investigate and analyze the events, practices, |
14 | processes, procedures and other authority in Luzerne County |
15 | involving judges, attorneys, county officials, probation and |
16 | parole officers and providers of juvenile services. |
17 | (2) To review the procedures, practices and rules |
18 | relating to the appointment of counsel to represent juvenile |
19 | offenders and the exercise of the right to counsel in Luzerne |
20 | County. |
21 | (3) To review the exercise of authority and abuse of |
22 | power with regard to the disposition and placement of |
23 | juveniles in Luzerne County. |
24 | (4) To review procedures used in responding to judicial |
25 | and attorney conduct and to make recommendations as necessary |
26 | with respect to both disciplinary systems. |
27 | (5) To review the oversight of juvenile detention |
28 | facilities and investigate the utilization of facilities in |
29 | Luzerne County. |
30 | (b) Duties.--The commission has the following duties: |
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1 | (1) To accept and review written comments from |
2 | individuals and organizations. |
3 | (2) To make, by May 31, 2010, recommendations to the |
4 | Governor, the Supreme Court, the Senate and the House of |
5 | Representatives based on the investigation of issues under |
6 | subsection (a). This paragraph includes recommendations: |
7 | (i) To improve the juvenile justice system. |
8 | (ii) To prevent the reoccurrence of events similar |
9 | to those identified in section 2. |
10 | (iii) To change to State statutes and State and |
11 | local practices, rules, policies and procedures. |
12 | (3) To make reports as follows: |
13 | (i) The commission may file status reports and |
14 | updates with the Governor, the Supreme Court, the Senate |
15 | and the House of Representatives as it deems appropriate. |
16 | (ii) The commission shall issue a final report by |
17 | May 31, 2010. |
18 | (iii) A report under under this paragraph must be | <-- |
19 | adopted at a public meeting. |
20 | (iv) A report under this paragraph shall be a public |
21 | record under the act of February 14, 2008 (P.L.6, No.3), |
22 | known as the Right-to-Know Law. |
23 | Section 19. Expiration. |
24 | This act shall expire June 30, 2010. |
25 | Section 20. Effective date. |
26 | This act shall take effect immediately. |
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