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| PRIOR PRINTER'S NO. 1178 | PRINTER'S NO. 1710 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SABATINA, CALTAGIRONE, CARROLL, P. COSTA, CRUZ, FABRIZIO, HARHAI, JOSEPHS, W. KELLER, KORTZ, MURPHY, MURT, MYERS, M. O'BRIEN, PAYTON, PRESTON, READSHAW, K. SMITH, WATERS AND DAVIDSON, MARCH 17, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2011 |
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| AN ACT |
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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 the Pennsylvania Commission on Crime |
7 | and Delinquency, for powers and duties of the commission, for |
8 | duties of the commission relative to criminal statistics, for |
9 | duties of public agencies and officers in reporting criminal |
10 | statistics, for the Juvenile Justice and Delinquency |
11 | Prevention Committee, for powers and duties of the Juvenile |
12 | Justice and Delinquency Prevention Committee, for Targeted |
13 | Community Revitalization and Crime Prevention Advisory |
14 | Committee and for powers and duties of Targeted Community |
15 | Revitalization and Crime Prevention Advisory Committee. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 2(b), (c), (c.1), (d) and (l) of the act |
19 | of November 22, 1978 (P.L.1166, No.274), referred to as the |
20 | Pennsylvania Commission on Crime and Delinquency Law, amended |
21 | December 17, 1981 (P.L.429, No.134) and June 22, 2001 (P.L.396, |
22 | No.30), are amended and the section is amended by adding a |
23 | subsection to read: |
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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 the Supreme Court of |
7 | Pennsylvania. |
8 | (3) The Court Administrator of Pennsylvania. |
9 | (4) A judge of a court of common pleas, appointed under |
10 | subsection (c). |
11 | (5) Commissioner of State Police. |
12 | (6) The majority chairmen of the House and Senate |
13 | [Majority] Appropriations Committees. |
14 | (7) The chairman of the Juvenile Justice and Delinquency |
15 | Prevention 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) Seven members appointed by the Governor, one |
23 | representative of local law enforcement agencies, one |
24 | representative of local correctional facilities, one |
25 | representative of local elected officials, one district |
26 | attorney representative, one representative of county |
27 | sheriffs, one representative of a local victims' service |
28 | agency and one representative of county commissioners. |
29 | (10) Seven private citizens appointed by the Governor, |
30 | at least two of which serve on the Juvenile Justice and |
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1 | Delinquency Prevention Committee. |
2 | (11) Secretary of Corrections. |
3 | (12) The Victim Advocate. |
4 | (13) Secretary of Public Welfare. |
5 | (14) Secretary of Education. |
6 | (15) Secretary of Health. |
7 | (16) Chairman of the Board of Probation and Parole. |
8 | (17) Executive Director of the Juvenile Court Judges' |
9 | Commission. |
10 | (17.1) Executive Director of the Pennsylvania Commission |
11 | on Sentencing. |
12 | (18) Such additional members appointed by the Governor |
13 | as are necessary to implement programs authorized by State |
14 | and Federal law. |
15 | (c) Judicial [appointment] appointments.-- |
16 | (1) The judge of a court of common pleas shall be |
17 | appointed by the Governor from a list of no less than three |
18 | nominees for each position submitted by the Chief Justice. |
19 | (2) If the Chief Justice cannot or does not choose to |
20 | serve, an Associate Justice of the Supreme Court of |
21 | Pennsylvania shall be appointed by the Governor from a list |
22 | of no less than three nominees submitted by the Chief |
23 | Justice. |
24 | (3) If the Court Administrator cannot or does not choose |
25 | to serve, another appropriate judicial administrative officer |
26 | of the State shall be appointed by the Governor from a list |
27 | of no less than three nominees submitted by the Chief |
28 | Justice. |
29 | [(c.1) Appropriations chairmen alternates.--The chairman of |
30 | the House Majority Appropriations Committee and the chairman of |
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1 | the Senate Majority Appropriations Committee may authorize, in |
2 | writing, a named member of the committee to serve in his stead |
3 | on the commission.] |
4 | (c.2) Delegates.--The Attorney General, Chief Justice, judge |
5 | of a court of common pleas and any member of the Cabinet or the |
6 | General Assembly who is a member of the commission may delegate |
7 | one of their employees to represent the member at meetings of |
8 | the commission, who may lawfully vote and otherwise act on |
9 | behalf of the member. The delegation may only be made for up to | <-- |
10 | two regularly scheduled commission meetings per year and must be |
11 | in writing and delivered to the chairman prior to the start of |
12 | the meeting. |
13 | (d) Term of office.--[Except for the Attorney General, the |
14 | Chief Justice, Court Administrator of Pennsylvania courts and |
15 | Commissioner of the Pennsylvania State Police, Commissioner of |
16 | Correction, the chairmen of the House and Senate Majority |
17 | Appropriations Committees and the four other members of the |
18 | General Assembly, members] |
19 | (1) Members appointed under subsection (b)(9), (10) and |
20 | (18) shall serve for a four-year term, and may be appointed |
21 | for no more than one additional consecutive term. The terms |
22 | of those members who serve by virtue of the public office |
23 | they hold shall be concurrent with their service in the |
24 | office from which they derive their membership. |
25 | (2) The term of the chairman of the Juvenile [Advisory] |
26 | Justice and Delinquency Prevention Committee shall be |
27 | concurrent with his service as chairman of that committee. |
28 | * * * |
29 | [(l) Advisory committees.--The commission may establish such |
30 | advisory committees, in addition to those provided for in this |
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1 | act, as it deems advisable but only the commission may set |
2 | policy or take other official action. Members of advisory |
3 | committees shall serve without compensation but may be |
4 | reimbursed for necessary travel and other expenses in accordance |
5 | with applicable law and regulations.] |
6 | * * * |
7 | Section 2. Section 3 of the act is amended by adding a |
8 | paragraph to read: |
9 | Section 3. Powers and duties of the commission. |
10 | The commission shall have the power and its duty shall be: |
11 | * * * |
12 | (18) To establish advisory committees, in addition to |
13 | those provided for under this act, as it deems advisable, |
14 | except that only the commission may set policy or take other |
15 | official action. Members of advisory committees shall serve |
16 | without compensation but may be reimbursed for necessary |
17 | travel and other expenses in accordance with applicable law |
18 | and regulations. |
19 | Section 3. Sections 4(8), (9) and (10) and 5 of the act are |
20 | amended to read: |
21 | Section 4. Duties of the commission relative to criminal |
22 | statistics. |
23 | The commission shall have the power and its duty shall be: |
24 | * * * |
25 | (8) [The commission, at the request of any of the |
26 | following, may] To assist or advise in a statistical and |
27 | research capacity [the Bureau of Correction] as requested by |
28 | the Department of Corrections, the Pennsylvania Board of |
29 | Probation and Parole, the Pennsylvania State Police, the |
30 | Juvenile Court Judges' Commission and the [State] Court |
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1 | Administrator. |
2 | (9) [It shall be the duty of the commission to] To give |
3 | adequate interpretation of such statistics and so to present |
4 | the information that it may be of value in guiding the |
5 | policies of the commission and of those in charge of the |
6 | apprehension, prosecution and treatment of the criminals and |
7 | delinquents, or concerned with the present state of crime and |
8 | delinquency. The report shall include also statistics which |
9 | are comparable with national uniform criminal statistics |
10 | published by Federal bureaus or departments heretofore |
11 | mentioned. |
12 | (10) [The commission shall take advantage of] To seek |
13 | and utilize all available Federal funds and establish new |
14 | programs as well as undertake a continuous analysis of future |
15 | data needs. |
16 | Section 5. Duties of public agencies and officers in reporting |
17 | criminal statistics. |
18 | It shall be the duty of every [constable, chief of police, |
19 | county police force, sheriff, coroner, district attorney, chief |
20 | probation officer and of the Bureau of Correction in the |
21 | Department of Justice, the Pennsylvania Board of Probation and |
22 | Parole, the Pennsylvania State Police, the State Court |
23 | Administrator, the Juvenile Court Judges' Commission, the |
24 | Department of Public Welfare, State Fire Marshal, Pennsylvania |
25 | Liquor Control Board, the Philadelphia Municipal and Traffic |
26 | Courts, justices of the peace, county prison wardens, and every |
27 | other person or agency dealing with crimes or criminals or with |
28 | delinquency or delinquents] Commonwealth agency and every person |
29 | in charge of the apprehension, prosecution and treatment of the |
30 | criminals and delinquents, when requested by the commission: |
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1 | (1) To install and maintain records and recording |
2 | systems needed for the correct reporting of statistical data |
3 | required by the commission. |
4 | (2) To report statistical data to the commission at such |
5 | times and in such manner as the commission prescribes. |
6 | (3) To give to the staff of the commission access to |
7 | statistical data for the purpose of carrying out the duties |
8 | of the commission relative to criminal statistics. |
9 | Section 4. Section 6(a) of the act, amended June 22, 2001 |
10 | (P.L.396, No.30), is amended and the section is amended by |
11 | adding subsections to read: |
12 | Section 6. Juvenile Justice and Delinquency Prevention |
13 | Committee. |
14 | (a) Establishment [and membership].--There is hereby |
15 | established the Juvenile Justice and Delinquency Prevention |
16 | Committee within the commission. |
17 | (a.1) Composition.--The members of the committee shall be |
18 | appointed by the Governor and shall include: |
19 | (1) The Executive Director of the Juvenile Court Judges' |
20 | Commission. |
21 | (2) [representation] Representatives of units of local |
22 | government, law enforcement and juvenile justice agency |
23 | probation personnel, juvenile court judges, [the Executive |
24 | Director of the Juvenile Court Judges' Commission,] public |
25 | and private agencies and organizations concerned with |
26 | delinquency prevention or treatment and services to |
27 | delinquency prevention or treatment and services to dependent |
28 | children, community-based prevention in-treatment programs, |
29 | organizations concerned with the quality of juvenile justice |
30 | or that utilize volunteers to work with delinquent or |
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1 | dependent children, businesses employing youth, youth workers |
2 | involved with alternative youth programs, persons with |
3 | special experience and competence in addressing the problem |
4 | of school violence and vandalism and the problem of learning |
5 | disabilities and representatives of public agencies concerned |
6 | with special education. |
7 | (a.2) Term.--Members shall serve for a four-year term, and |
8 | may be appointed for no more than one additional consecutive |
9 | term. |
10 | * * * |
11 | (f) Powers and duties.--The Juvenile Justice and Delinquency |
12 | Prevention Committee shall have the power, and its duty shall |
13 | be: |
14 | (1) To serve in an advisory capacity to the commission |
15 | through the committee's participation in the development of |
16 | that part of the commission's comprehensive plan relating to |
17 | juvenile justice and delinquency prevention. |
18 | (2) To perform those functions related to the direct |
19 | approval and disbursement of financial assistance in an |
20 | advisory capacity only, but the advisory committee shall have |
21 | the opportunity to review and comment on such applications |
22 | within 30 days after receipt of the application from the |
23 | commission. |
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 |
27 | delinquency prevention. |
28 | (4) To develop standards, methods and procedures for |
29 | evaluating and monitoring services for delinquent and |
30 | dependent children. |
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1 | (5) Upon request, to provide assistance and advice to |
2 | the commission on any other matters relating to juvenile |
3 | justice and delinquency prevention. |
4 | (6) To submit to the Governor and the General Assembly |
5 | such reports as may be required by Federal law. |
6 | (7) To advise the commission in defining and |
7 | collaborating with all State agencies on planning and |
8 | programming related to juvenile delinquency prevention and |
9 | the reduction and prevention of violence by and against |
10 | children. |
11 | (8) To advise and assist the commission in designing and |
12 | promoting comprehensive research-based initiatives to assist |
13 | communities and community-based organizations in reducing |
14 | risk to and promoting the positive development of children |
15 | and in preventing juvenile delinquency and youth violence. |
16 | (g) Staff support.--Staff support shall be made available to |
17 | the committee by the executive director in order to adequately |
18 | perform the duties provided for under this section. |
19 | Section 5. Section 7 of the act, amended June 22, 2001 |
20 | (P.L.396, No.30), is repealed: |
21 | [Section 7. Powers and duties of the Juvenile Justice and |
22 | Delinquency Prevention Committee. |
23 | The Juvenile Justice and Delinquency Prevention Committee |
24 | shall have the power, and its duty shall be: |
25 | (1) Serve in an advisory capacity to the commission |
26 | through the committee's participation in the development of |
27 | that part of the commission's comprehensive plan relating to |
28 | juvenile justice and delinquency prevention. |
29 | (2) Those functions related to the direct approval and |
30 | disbursement of financial assistance shall be in an advisory |
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1 | capacity only, but the advisory committee shall have the |
2 | opportunity to review and comment on such applications within |
3 | 30 days after receipt of the application from the commission. |
4 | (3) To advise the commission on the definition, |
5 | development and correlation of programs and projects and the |
6 | establishment of priorities for juvenile justice and |
7 | delinquency prevention. |
8 | (4) To develop standards, methods and procedures for |
9 | evaluating and monitoring services for delinquent and |
10 | dependent children. |
11 | (5) Upon request provide whatever assistance and advice |
12 | to the commission on any other matters relating to juvenile |
13 | justice and delinquency prevention. |
14 | (6) Staff support shall be made available to the |
15 | Juvenile Justice and Delinquency Prevention Committee by the |
16 | executive director in order to adequately perform the duties |
17 | provided for in this section. |
18 | (7) Submit to the Governor and the General Assembly such |
19 | reports as may be required by Federal Law. |
20 | (8) To advise the commission in defining and |
21 | collaborating with all State agencies on planning and |
22 | programming related to juvenile delinquency prevention and |
23 | the reduction and prevention of violence by and against |
24 | children. |
25 | (9) To advise and assist the commission in designing and |
26 | promoting comprehensive research-based initiatives to assist |
27 | communities and community-based organizations in reducing |
28 | risk to and promoting the positive development of children |
29 | and in preventing juvenile delinquency and youth violence.] |
30 | Section 6. Section 7.1(b)(16) of the act, added December 6, |
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1 | 2002 (P.L.1180, No.146), is amended and the section is amended |
2 | by adding subsections to read: |
3 | Section 7.1. Targeted Community Revitalization and Crime |
4 | Prevention Advisory Committee. |
5 | * * * |
6 | (b) Composition.--The committee shall consist of the |
7 | following members or their designees: |
8 | * * * |
9 | (16) [Eight members who are located in or serve a |
10 | targeted community, appointed by the Governor, one] One |
11 | district attorney representative, one representative of |
12 | county commissioners, one representative of community and |
13 | economic development agencies, one representative of crime |
14 | prevention agencies, one representative of a community-based |
15 | organization, one representative of a faith-based |
16 | organization, one nonsupervisory local law enforcement |
17 | officer representative and one nonsupervisory Pennsylvania |
18 | State Police representative, each of whom shall be appointed |
19 | by the Governor and shall reside in or serve a targeted |
20 | community. |
21 | * * * |
22 | (g) Powers and duties.--The Targeted Community |
23 | Revitalization and Crime Prevention Advisory Committee shall |
24 | have the power and its duty shall be to: |
25 | (1) Advise the commission through the committee's |
26 | participation in the development of that part of the |
27 | commission's comprehensive plan relating to targeted crime |
28 | prevention efforts and the revitalization of targeted |
29 | communities. |
30 | (2) Advise the commission on those functions related to |
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1 | the direct approval and disbursement of financial assistance. |
2 | The committee shall have the opportunity to review and |
3 | comment on applications after their receipt from the |
4 | commission. |
5 | (3) Advise the commission on the definition, development |
6 | and correlation of programs and projects and the |
7 | establishment of priorities for supporting law enforcement |
8 | and community partnerships developing comprehensive, targeted |
9 | crime prevention efforts and a planning process for the |
10 | revitalization of high-crime and distressed communities. |
11 | (4) Develop standards, methods and procedures for |
12 | evaluating and monitoring services and programs for crime |
13 | prevention efforts and the revitalization of targeted |
14 | communities. |
15 | (5) Provide assistance and advice requested by the |
16 | commission on any other matters relating to the crime |
17 | prevention efforts and the revitalization of targeted |
18 | communities. |
19 | (6) Submit to the Governor and the General Assembly |
20 | reports as may be required by Federal and State law. |
21 | (h) Staff support.--Staff support shall be made available to |
22 | the committee by the executive director of the commission in |
23 | order for the committee to adequately perform the duties |
24 | provided for under this section. |
25 | Section 7. Section 7.2 of the act, added December 6, 2002 |
26 | (P.L.1180, No.146), is repealed: |
27 | [Section 7.2. Powers and duties of Targeted Community |
28 | Revitalization and Crime Prevention Advisory |
29 | Committee. |
30 | (a) Powers and duties.--The Targeted Community |
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1 | Revitalization and Crime Prevention Advisory Committee shall |
2 | have the power and its duty shall be to: |
3 | (1) Serve in an advisory capacity to the commission |
4 | through the committee's participation in the development of |
5 | that part of the commission's comprehensive plan relating to |
6 | targeted crime prevention efforts and the revitalization of |
7 | targeted communities. |
8 | (2) Serve in an advisory capacity to the commission on |
9 | those functions related to the direct approval and |
10 | disbursement of financial assistance. The committee shall |
11 | have the opportunity to review and comment on applications |
12 | after their receipt from the commission. |
13 | (3) Advise the commission on the definition, development |
14 | and correlation of programs and projects and the |
15 | establishment of priorities for supporting law enforcement |
16 | and community partnerships developing comprehensive, targeted |
17 | crime prevention efforts and a planning process for the |
18 | revitalization of high-crime and distressed communities. |
19 | (4) Develop standards, methods and procedures for |
20 | evaluating and monitoring services and programs for crime |
21 | prevention efforts and the revitalization of targeted |
22 | communities. |
23 | (5) Provide assistance and advice requested by the |
24 | commission on any other matters relating to the crime |
25 | prevention efforts and the revitalization of targeted |
26 | communities. |
27 | (6) Submit to the Governor and the General Assembly |
28 | reports as may be required by Federal and State law. |
29 | (b) Staff support.--Staff support shall be made available to |
30 | the committee by the executive director of the commission in |
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1 | order for the committee to adequately perform the duties |
2 | provided for in this section.] |
3 | Section 8. This act shall take effect in 60 days. |
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