PRIOR PRINTER'S NO. 1178

PRINTER'S NO.  1710

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

135

Session of

2011

  

  

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

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2011   

  

  

  

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 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:

 


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

- 2 -

 


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

- 3 -

 


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

- 4 -

 


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

- 5 -

 


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:

- 6 -

 


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

- 7 -

 


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.

- 8 -

 


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

- 9 -

 


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,

- 10 -

 


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

- 11 -

 


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

- 12 -

 


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

- 13 -

 


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.

- 14 -