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PRINTER'S NO. 1708
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1261
Session of
2022
INTRODUCED BY ARGALL, STREET, COLLETT, KANE, SANTARSIERO,
CAPPELLETTI, COSTA, MENSCH AND BARTOLOTTA, JUNE 3, 2022
REFERRED TO AGING AND YOUTH, JUNE 3, 2022
AN ACT
Amending the act of November 22, 1978 (P.L.1166, No.274),
entitled "An act establishing the Pennsylvania Commission on
Crime and Delinquency, providing for its powers and duties
establishing several advisory committees within the
commission and providing for their powers and duties,"
further providing for definitions and for powers and duties
of the Pennsylvania Commission on Crime and Delinquency;
providing for racial impact statement for juvenile matters
laws; further providing for Juvenile Justice and Delinquency
Prevention Committee; providing for Statewide Youth and
Family Advisory Committee; and establishing the Juvenile
Nonresidential Evidence-Based Practices Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of November 22, 1978
(P.L.1166, No.274), referred to as the Pennsylvania Commission
on Crime and Delinquency Law, is amended by adding a definition
to read:
Section 1. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
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"Legislation." Any of the following that substantively
amends a provision of 42 Pa.C.S. Ch. 63 (relating to juvenile
matters) or that may affect the juvenile justice system
population:
(1) A bill, joint resolution or concurrent resolution.
(2) An amendment to any of the items under paragraph
(1).
* * *
Section 2. Section 3 of the act is amended by adding
paragraphs to read:
Section 3. Powers and duties of the commission.
The commission shall have the power and its duty shall be:
* * *
(17.1) To prepare a racial impact statement under
section 3.1.
* * *
(19) To provide persons under 21 years of age currently
in the juvenile justice system who are serving on the
Juvenile Justice and Delinquency Prevention Committee or the
Statewide Youth and Family Advisory Committee with a letter
of completion or participation to be sent to their county
juvenile probation officer or county court to be considered
in their case.
(20) To administer funds appropriated by the General
Assembly based on savings due to reduced spending on
placements for children adjudicated delinquent under 42
Pa.C.S. Ch. 63 (relating to juvenile matters), as enumerated
under section 8.2.
Section 3. The act is amended by adding a section to read:
Section 3.1. Racial impact statement for juvenile matters laws.
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(a) Duties.--If legislation is introduced, the commission
shall complete a racial impact statement upon request of a
member of either house of the General Assembly.
(b) Requirements.--The racial impact statement shall
determine the impact, if any, that the legislation may have on
the racial and ethnic composition of the juvenile justice system
population. The racial impact statement shall be impartial,
simple and understandable and shall be submitted to the General
Assembly in a timely manner.
(c) Prohibition.--Legislation for which a racial impact
statement has been requested under subsection (a) may not be
given second consideration by the house of the General Assembly
whose member introduced the legislation until the racial impact
statement is submitted by the commission for consideration.
(d) Contents.--For racial and ethnic groups for which data
are available, the racial impact statement shall include the
following:
(1) An estimate of how the legislation would change the
racial and ethnic composition of the juvenile justice system
population, including how the legislation would impact racial
disparities in the juvenile justice system.
(2) A statement of the methodologies and assumptions
used in preparing the estimate.
Section 4. Section 6(a.1) and (f) of the act are amended by
adding paragraphs and the section is amended by adding a
subsection to read:
Section 6. Juvenile Justice and Delinquency Prevention
Committee.
* * *
(a.1) Composition.--The members of the committee shall be
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appointed by the Governor and shall include:
* * *
(3) A member of the Statewide Youth and Family Advisory
Committee who is under 21 years of age at the time of the
appointment.
(4) A member of the Statewide Youth and Family Advisory
Committee representing family members of children in the
juvenile justice system.
(5) A member of the Senate who is appointed by the
President pro tempore.
(6) A member of the Senate who is appointed by the
Minority Leader of the Senate.
(7) A member of the House of Representatives who is
appointed by the Speaker of the House of Representatives.
(8) A member of the House of Representatives who is
appointed by the Minority Leader of the House of
Representatives.
(9) A representative from the Office of the Governor.
(10) Other relevant stakeholders as determined by the
executive director.
* * *
(f) Powers and duties.--The Juvenile Justice and Delinquency
Prevention Committee shall have the power, and its duty shall
be:
* * *
(9) To issue an annual report on the implementation of
juvenile justice reforms that shall include:
(i) Data from every county in the Commonwealth
related to performance measures of system outcomes,
including all of the following:
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(A) Referral, diversion and disposition data
Statewide and by county, including the source of the
referrals, the share of written allegation diverted
from court, information on the offense, prior history
of delinquency and criminogenic risk levels for
children committed and the reasons provided by the
court for committing children.
(B) Data related to the technical violations of
supervision that are not a new offense, including the
share of children removed from home for a technical
violation and the number of children for whom the
court extends supervision due to a technical
violation.
(C) Data on the length of time children spend in
the juvenile justice system, including the total time
spent under court jurisdiction, on community
supervision and in each out-of-home placement.
(D) Data related to assessing disparities at key
stages of the juvenile justice system, including the
stages described under clauses (A), (B) and (C), by
age, gender, race, ethnicity, disability and other
demographics.
(E) Any other performance measures related to
implementation of evidence-based practices and
programs in this Commonwealth.
(ii) Recommendations when further juvenile justice
reforms are needed based on performance measurement data.
* * *
(h) Compensation.--Each member of the committee who is under
21 years of age shall receive compensation for participation on
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the committee. The amount of the compensation shall be
determined by a majority vote of the members of the committee.
Section 5. The act is amended by adding sections to read:
Section 6.3. Statewide Youth and Family Advisory Committee.
(a) Establishment.--The Statewide Youth and Family Advisory
Committee is established within the commission.
(b) Composition.--The executive director under section 2
shall be responsible for appointing members to the Statewide
Youth and Family Advisory Committee. The committee shall consist
primarily of young people with current or former involvement in
the juvenile justice system and their family members, including
at least two members under 21 years of age at the time of the
members' appointments, at least two members representing the
family members of children in the juvenile justice system and no
more than three members representing professionals who work with
children in the juvenile justice system.
(c) Powers and duties.--The Statewide Youth and Family
Advisory Committee shall:
(1) Review and provide recommendations for counties' use
of alternatives to out-of-home placement for delinquent
children.
(2) Review and provide recommendations for counties' use
of alternatives to court referral.
(3) Review and provide recommendations for payments to
counties for services to delinquent children.
(4) Develop a yearly report detailing the information
under paragraphs (1), (2) and (3) to provide guidance for
county-level advisory groups and other organizations
concerned with the quality of juvenile justice.
(5) Recommend members to be appointed by the Governor to
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serve on the Juvenile Justice and Delinquency Prevention
Committee under section 6.
Section 8.2. Juvenile Nonresidential Evidence-Based Practices
Fund.
(a) Establishment.--The Juvenile Nonresidential Evidence-
Based Practices Fund is established in the State Treasury.
(b) Calculation and sources.--
(1) The following shall apply:
(i) Prior to the end of fiscal year 2022-2023, the
commission shall submit to the chair and minority chair
of the Judiciary Committee of the Senate, the chair and
minority chair of the Judiciary Committee of the House of
Representatives and the State Treasurer a calculation of
State funds saved due to reductions in the population of
children sent to out-of-home placement for delinquency
adjudications between fiscal year 2020-2021 and fiscal
year 2021-2022.
(ii) Beginning in fiscal year 2023-2024, and each
fiscal year thereafter, the commission shall annually
submit to the chair and minority chair of the Judiciary
Committee of the Senate, the chair and minority chair of
the Judiciary Committee of the House of Representatives
and the State Treasurer a calculation of State funds
saved due to reductions in the population of children
sent to out-of-home placement for delinquency
adjudications between the prior fiscal year and fiscal
year 2021-2022.
(iii) Each calculation submitted under this
paragraph shall be transmitted to the Legislative
Reference Bureau for publication in the Pennsylvania
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Bulletin.
(2) The sources of the fund are as follows:
(i) A transfer of the total State funds saved due to
reductions in the population of children sent to out-of-
home placement for delinquency adjudications between
fiscal year 2020-2021 and fiscal year 2021-2022 , which
shall be made by the State Treasurer as soon as
practicable following the effective date of this section.
(ii) Beginning with fiscal year 2023-2024 and each
fiscal year thereafter, the total State funds saved due
to reductions in the population of children sent to out-
of-home placement for delinquency adjudications between
the immediately prior fiscal year and fiscal year 2021-
2022.
(iii) Appropriations.
(iv) Money from any other source.
(v) Return on the money in the Juvenile
Nonresidential Evidence-Based Practices Fund .
(c) Nonlapse.--The money in the Juvenile Nonresidential
Evidence-Based Practices Fund is continuously appropriated into
the Juvenile Nonresidential Evidence-Based Practices Fund. The
appropriation shall not lapse at the end of any fiscal year.
(d) Use.--The Juvenile Nonresidential Evidence-Based
Practices Fund shall be administered by the commission as
follows:
(1) The commission may not use any money in the Juvenile
Nonresidential Evidence-Based Practices Fund to cover
administrative costs of the commission.
(2) The money in the Juvenile Nonresidential Evidence-
Based Practices Fund shall be used to expand nonresidential
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alternatives to detention or placement for persons under 21
years of age alleged or adjudicated delinquent, including:
(i) Increased grant-in-aid to better incentivize
county probation compliance with Juvenile Court Judges'
Commission standards and to ensure monitoring of system
data to measure performance metrics.
(ii) Diversion services, including for services as
part of diversion, informal adjustment and consent
decrees.
(iii) Nonresidential and evidence-based alternatives
to out-of-home placement for persons under 21 years of
age adjudicated delinquent.
(iv) Regionalized State contracts to ensure that
children in every county may access evidence-based
nonresidential programs to reduce recidivism.
(v) Expansion of nonresidential services to address
young people's needs that are not otherwise supported by
other funding streams.
(vi) Disbursals to a restitution fund established by
the court of common pleas under 42 Pa.C.S. ยง 6352(a)(5)
(relating to disposition of delinquent child) to assist
victims of crime in accordance with that section.
(e) Administration.--
(1) The commission shall set eligibility criteria for
counties to apply for funding from the Juvenile
Nonresidential Evidence-Based Practices Fund.
(2) Any service that is initially funded by the
commission shall be eligible for reimbursement through the
Department of Human Services needs-based budgeting process
under section 709.1 of the act of June 13, 1967 (P.L.31,
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No.21), known as the "Human Services Code."
Section 6. This act shall take effect in 60 days.
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