PRINTER'S NO. 2238
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1413
Session of
2015
INTRODUCED BY BROWNE, NOVEMBER 30, 2016
REFERRED TO JUDICIARY, NOVEMBER 30, 2016
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, establishing the Commonwealth
Unbreakable Bonds Program within the Department of
Corrections; establishing the Commonwealth Unbreakable Bonds
Advisory Board and providing for its powers and duties; and
establishing the Commonwealth Unbreakable Bonds Trust Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 36
CUB PROGRAM
Sec.
3601. Scope of chapter.
3602. Declaration of policy.
3603. Definitions.
3604. Commonwealth Unbreakable Bonds Program.
3605. Powers and duties of department.
3606. Commonwealth Unbreakable Bonds Advisory Board.
3607. Report.
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3608. Commonwealth Unbreakable Bonds Trust Fund.
§ 3601 . Scope of chapter.
This chapter relates to the Commonwealth Unbreakable Bonds
(CUB) Program.
§ 3602. Declaration of policy.
The General Assembly finds and declares as follows:
(1) It is the purpose of this chapter to ensure that
children of incarcerated parents have the opportunity to
remain in communication with their parents and to receive
necessary assistance that aids in their future development
and growth.
(2) An estimated 181,000 children across this
Commonwealth are currently experiencing parental separation,
a stressful and traumatic form of victimization, due to their
parents' incarceration in a Federal, State or county
correctional institution.
(3) Children of incarcerated parents and their families
bear the economic and financial burdens associated with
parental incarceration, including material hardship, family
instability, lost income, multiple relocations and numerous
school transfers, all of which pose significant risks to a
child's healthy development.
(4) According to the Council of State Governments
Justice Center, this Commonwealth has the highest
incarceration rate among all states in the northeastern
United States, despite significant reductions in recent
years. Statistics for 2016, compiled by the department,
calculate this Commonwealth's prison population at nearly
53,000 inmates, with an average annual cost of $42,000 per
inmate.
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(5) Approximately one-half of children with an
incarcerated parent are under 10 years of age. Children with
an incarcerated parent suffer significant trauma due to
parental separation and endure the stigma of family disgrace.
Nonetheless, a child's bond with a caring and emotionally-
connected parent proves unbreakable despite the often
repeated disappointment and loss due to parental
incarceration. Fostering a strong and healthy relationship is
beneficial for both child and parent.
(6) The Department of Justice finds the population of
children of incarcerated parents has the highest risk for
future delinquency and potential adult incarceration.
(7) Access to proven outcome-based programs that serve
to maintain a parental relationship, strengthen families and
assist children in overcoming the devastating emotional
trauma and stigma of having an incarcerated parent is
essential to the immediate and long-term physical and
emotional health of children with incarcerated parents.
(8) Effective programming that includes emotional and
behavioral support, skill-building opportunities and a
targeted educational response is essential to breaking the
intergenerational cycle of incarceration and its related grip
of crime and poverty in our communities.
(9) Strengthening the unbreakable bond between a child
and a caring but incarcerated parent will preserve families,
improve the child's educational and health outcomes, reduce
recidivism, lower correctional costs, reinvigorate
communities and save taxpayer dollars at the Federal, State
and county levels.
(10) Recognition and furtherance of the Commonwealth
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Unbreakable Bonds Program is essential to the public health,
safety and welfare of this Commonwealth.
§ 3603. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advisory board." The Commonwealth Unbreakable Bonds
Advisory Board established under section 3606 (relating to
Commonwealth Unbreakable Bonds Advisory Board).
"Child." A child under 18 years of age who resides in this
Commonwealth.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Correctional institution." A Federal correctional
institution, a State correctional institution or a county
correctional institution.
"Federal correctional institution." A Federal adult
detention facility located in this Commonwealth, which provides
for the custody and control of federally sentenced offenders.
"Fund." The Commonwealth Unbreakable Bonds Trust Fund
established under section 3608 (relating to Commonwealth
Unbreakable Bonds Trust Fund).
"Incarcerated parent." A child's parent who has been or is
currently incarcerated in a correctional institution.
"Program." The Commonwealth Unbreakable Bonds Program
established under section 3604 (relating to Commonwealth
Unbreakable Bonds Program).
§ 3604. Commonwealth Unbreakable Bonds Program.
(a) Establishment.--There is established within the
department the Commonwealth Unbreakable Bonds Program, which may
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be referred to as the CUB Program. The program shall seek to
maintain and reinforce family connectivity as a key to reduced
childhood trauma for children of incarcerated parents.
(b) Support and services.--The following support and
services shall be made available for children of parents
incarcerated in a State or county correctional institution:
(1) Basic information about the postsentencing and
incarceration process.
(2) A visiting handbook and resource guide that are made
available in print and online and provide, to the extent
practicable and depending on the security level of the
institution, uniform correctional institution visitation
rules and times, a listing of programs and services offered
to inmates and options for family participation. The handbook
shall also include information regarding preparing a child to
visit an incarcerated parent.
(3) Access to visiting rooms at correctional
institutions that are child-centered, nonintimidating and
conducive to child and parental bonding.
(4) Assured parental communication between a child and
an incarcerated parent that may include videoconferencing
when feasible.
(5) Trained staff at a correctional institution who can
provide assistance and referrals to services for children and
their custodial parents or guardians, including access to
services through the 2-1-1 system.
(6) Coordination between a family, the correctional
institution and human service agencies that recognizes
ancillary family needs, including housing, food and other
supportive services.
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(c) Programming for children and their families.--A child of
an incarcerated parent shall have access to programs that
include:
(1) Adults who are trained to work with and mentor
children for the purpose of understanding their specific
needs and problems, increasing protective factors while
reducing risk factors and building skills that aid in
positive youth outcomes, including resiliency, awareness of
self, greater motivational efforts and improved social and
communication skills.
(2) Individual counseling and therapeutic services, as
necessary, that enable a child to overcome the emotional
trauma of having an incarcerated parent.
(3) Opportunities to participate in appropriate age-
based support groups that seek to promote mutual
understanding and respect, improved interaction and enhanced
communication, along with support group participation
opportunities for childrens' custodial parents or guardians.
(4) Family strengthening activities that recognize the
unique needs of children of incarcerated parents, including
parenting courses and parenting skill development for
custodial parents or guardians and incarcerated parents.
(5) Access to innovative strategies that empower
children and families.
(6) The availability of reunification services and
support that improve reintegration for the child and
custodial family as a means of reducing recidivism for the
incarcerated parent.
(d) Program eligibility.--The department, in consultation
with the commission and the advisory board, shall develop and
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implement eligibility criteria for the award of grants by the
department to qualified providers and organizations who can
deliver services as set forth in subsection (c). At a minimum,
all eligible programming for grants under this chapter shall be
outcome based and may include the use of mentors, specially
trained therapists, licensed social workers and counselors.
(e) Application for program grants.--The department shall
develop a grant application for eligible providers and
organizations no later than six months following the effective
date of this section. Eligible providers and organizations shall
submit a grant application in accordance with the guidelines and
requirements established by the department.
(f) Grant restrictions.--The following restrictions shall
apply to grants awarded under this section:
(1) Grants shall be awarded on an annual basis and may
extend over a three-year period of time.
(2) Grants shall be used to supplement and not supplant
existing funding for the types of programs described.
(g) Limitation on entitlement.--Nothing in this chapter
shall constitute an entitlement derived from the Commonwealth or
a claim on any funds of the Commonwealth.
§ 3605. Powers and duties of department.
The department shall have the following powers and duties:
(1) To administer the program in a manner which provides
expanded services and support to children of incarcerated
parents and their custodial families.
(2) To determine program priorities for the Commonwealth
in consultation with the advisory board and to foster
collaboration among State and county correctional
institutions in the delivery of services to children of
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incarcerated parents.
(3) To award grants and enter into contracts to
implement the program based on established priorities. The
department shall set specific goals with measurable
objectives to monitor the impact of the program, including
its resultant effect on improved youth outcomes, school
attendance and academic performance, reduced school
suspensions and expulsions and prevention of entry into the
criminal justice system of children of incarcerated parents.
(4) To coordinate, monitor and evaluate the program to
ensure compliance with priorities and goals and to ensure
optimal delivery of effective program services.
(5) To prepare and submit reports as set forth in
section 3607 (relating to report). The reports shall be made
available for public inspection and posted on the
department's publicly accessible Internet website.
§ 3606. Commonwealth Unbreakable Bonds Advisory Board.
(a) Composition.--The secretary shall form the Commonwealth
Unbreakable Bonds Advisory Board to provide advice and guidance
on the structure and ongoing operation of the program. The
secretary shall serve as the chairperson of the advisory board.
The advisory board shall consist of the following members:
(1) The secretary or a designee.
(2) The Secretary of Human Services or a designee.
(3) The chairman of the commission or a designee.
(4) The chairman of the Juvenile Court Judges'
Commission or a designee.
(5) The chairperson and minority chairperson of the
Judiciary Committee of the Senate and the chairperson and
minority chairperson of the Judiciary Committee of the House
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of Representatives or their designees.
(6) One representative of a county children and youth
office located in this Commonwealth.
(7) A physician representative of the Pennsylvania
Chapter of the American Academy of Pediatrics with expertise
in the developmental and emotional needs of children of
incarcerated parents.
(8) A Commonwealth school principal, vice principal or
guidance counselor familiar with student discipline and the
impact it can have on children of incarcerated parents.
(9) Two members of nonprofit organizations located in
this Commonwealth with expertise in the delivery of
programming and services to children of incarcerated parents.
(10) One individual who has custody of a child with an
incarcerated parent.
(11) One young adult child of a parent currently or
formerly incarcerated.
(b) Term of office.--Members of the advisory board shall
serve a term of four years and may be appointed for no more than
one additional consecutive term. The terms for those members who
serve by virtue of their public office shall run concurrently
with their service in office. Any vacancy that occurs shall be
filled for the balance of the unexpired term in the same manner
as originally designated for that appointment.
(c) Meetings and expenses.--The advisory board shall meet at
least twice a year, and the first meeting shall be held within
three months of the effective date of this section. All meetings
of the advisory board at which formal action is taken shall
conform to 65 Pa.C.S. Ch. 7 (relating to open meetings). Members
of the advisory board shall serve without compensation, but may
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be reimbursed for necessary travel and other expenses in
accordance with applicable law and regulations.
(d) Quorum.--A majority of the members of the advisory board
shall constitute a quorum, and a vote of a majority of the
members participating in a meeting shall be sufficient for all
actions.
(e) Duties.--The advisory board shall have the following
powers and duties:
(1) To serve in an advisory capacity to the department
in the establishment of the program, including the
development of a comprehensive plan and priorities related to
the delivery of services and support to children of
incarcerated parents and their families.
(2) To assist the department regarding the following:
(i) The use of outcome-based initiatives and
services.
(ii) The development of guidelines and criteria for
program grants.
(iii) The nature of provider qualifications.
(iv) The establishment of appropriate standards,
methods and procedures for evaluation and monitoring of
program grants and services.
(3) To advise the department with regard to planning and
programming under this chapter that involves collaboration
between State and county agencies.
(4) Upon request, to provide assistance and advice to
the department on any other matters related to the
implementation and operation of the program.
(f) Staff--The department shall provide staff support for
the advisory board to facilitate the performance of its duties
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under this chapter.
§ 3607. Report.
Three years following the effective date of this section, and
every two years thereafter, the department shall submit a report
to the chairperson and minority chairperson of the Judiciary
Committee of the Senate and the chairperson and minority
chairperson of the Judiciary Committee of the House of
Representatives regarding the implementation and results of the
program. The report shall include:
(1) Identification of program priorities as devised in
consultation with the advisory board.
(2) A listing by correctional institution of the time
line for implementation of the basic support and services
required under section 3604(b) (relating to Commonwealth
Unbreakable Bonds Program).
(3) A description of the type of services provided to
children and their custodial families through program grants.
(4) The number of applications filed for program grants
on an annual basis.
(5) The identification of program grant recipients and
the grant amount awarded to each recipient.
(6) The information and methodology used to provide
program grants and evaluate their results.
(7) An evaluation of the effectiveness of the program in
producing improved child outcomes and avoiding entry into the
criminal justice system.
(8) Recommendations for any changes to the program that
would improve the delivery of services and support to
children of incarcerated parents.
§ 3608. Commonwealth Unbreakable Bonds Trust Fund.
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(a) Establishment.--The Commonwealth Unbreakable Bonds Trust
Fund is established as a separate account in the State Treasury
to support programs and activities that address the needs of
children of incarcerated parents and their custodial families
under this chapter. The fund shall be administered by the
department. All interest earned from the investment or deposit
of money accumulated in the fund shall be deposited in the fund
for the same use.
(b) Funds.--All money deposited into the fund shall be held
in trust and shall not be considered general revenue of the
Commonwealth but shall be used only to effectuate the purposes
of this chapter as determined by the department.
(c) Deposit.--Commencing July 1, 2017, money derived from
surcharges on inmate telephone calls made at each State
correctional institution shall be deposited into the fund. The
total amount deposited shall not exceed $5,000,000 annually. The
department shall transfer payments to the fund within 30 days of
receipt.
(d) Expenditures.--Money in the fund shall be expended for
the purpose of implementing the program.
Section 2. This act shall take effect in 60 days.
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