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PRINTER'S NO. 1070
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
939
Session of
2019
INTRODUCED BY McCLINTON, SCHLOSSBERG, RABB, FIEDLER, LEE,
T. DAVIS, HILL-EVANS, KIRKLAND, ISAACSON, ULLMAN, McNEILL,
DEASY, SCHWEYER, FRANKEL, TOOHIL, BURGOS, SOLOMON, BULLOCK,
CALTAGIRONE, KINSEY, SAPPEY, DAVIDSON, WEBSTER AND STURLA,
MARCH 25, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
providing for confinement in juvenile treatment facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6329. Confinement in juvenile treatment facilities.
(a) Confinement.--The following apply:
(1) A staff member from the Bureau of Juvenile Justice
Services of the Department of Human Services, the Bureau of
Human Services Licensing of the Department of Human Services,
a facility operated primarily for the detention of children
who have been adjudicated delinquent or any other secure
facility may not subject a juvenile to room confinement for
the purposes of discipline, punishment, retaliation,
coercion, convenience or any other reason as a result of any
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of the following:
(i) An adjudication of delinquency or disposition of
the juvenile.
(ii) Detention of the juvenile prior to the
adjudication of delinquency or disposition of the
juvenile.
(2) Paragraph (1) shall not apply if room confinement is
used as a temporary response to the juvenile's behavior which
poses a serious and immediate risk of physical harm to the
juvenile or any other individual.
(b) Techniques.--Before a juvenile is placed in room
confinement under subsection (a)(2), a staff member shall
attempt to use less restrictive techniques, including, but not
limited to, the following:
(1) conversing with the juvenile for the purpose of
deescalating the serious and immediate risk of physical harm
to the juvenile or any other individual; and
(2) permitting a qualified mental health professional to
converse with the juvenile for the purpose of deescalating
the serious and immediate risk of physical harm to the
juvenile or any other individual.
(c) Explanation.--If less restrictive techniques under
subsection (b) fail to deescalate the serious and immediate risk
of physical harm to the juvenile or any other individual , prior
to placing the juvenile in room confinement under subsection (a)
(2), a staff member shall inform the juvenile of all of the
following:
(1) The reasons why the juvenile will be placed in room
confinement.
(2) The juvenile will be released from room confinement
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immediately when the juvenile's behavior conforms to
subsection (d)(1) or not later than after the expiration of
the time period specified under subsection (d)(2), whichever
is applicable.
(d) Confinement period.--If a juvenile is placed in room
confinement under subsection (a)(2), the juvenile shall be
released:
(1) upon a staff member determining that the juvenile
does not pose a serious and immediate risk of physical harm
to the juvenile or any other individual; or
(2) if the juvenile does not control his or her
behavior, not later than:
(i) three hours after being placed in room
confinement in the case of a juvenile who poses a serious
and immediate risk of physical harm to others; or
(ii) thirty minutes after being placed in room
confinement in the case of a juvenile who poses a serious
and immediate risk of physical harm only to himself or
herself.
(e) Transfers.--If the time period under subsection (d)(2)
has expired and the juvenile continues to pose a serious and
immediate risk of physical harm to the juvenile or any other
individual, the juvenile shall be transferred to another
juvenile facility or internal location where services can be
provided to the juvenile without relying on room confinement.
(f) Consecutive periods.- -A juvenile may not be subject to
consecutive periods of room confinement.
(g) Definitions.--As used in this section, the term "room
confinement" means t he involuntary placement of a juvenile alone
in a cell, room or other area.
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Section 2. This act shall take effect in 60 days.
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