PRIOR PRINTER'S NO. 992
PRINTER'S NO. 2102
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
972
Session of
2023
INTRODUCED BY KAZEEM, DELLOSO, BOROWSKI, CURRY, MADDEN, ROZZI,
WAXMAN, PARKER, CEPEDA-FREYTIZ, HILL-EVANS, FIEDLER, SANCHEZ,
GUENST, HANBIDGE, KHAN, SHUSTERMAN, N. NELSON, WARREN,
HOWARD, D. WILLIAMS, FREEMAN, GREEN, OTTEN AND KRAJEWSKI,
APRIL 24, 2023
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2023
AN ACT
Amending the act of August 9, 1955 (P.L.323, No.130), entitled
"An act relating to counties of the first, second class A,
third, fourth, fifth, sixth, seventh and eighth classes;
amending, revising, consolidating and changing the laws
relating thereto; relating to imposition of excise taxes by
counties, including authorizing imposition of an excise tax
on the rental of motor vehicles by counties of the first
class; and providing for regional renaissance initiatives,"
further providing for title of the act; in preliminary
provisions, further providing for applicability; in grounds
and buildings, further providing for scope of subdivision,
for room or building for juvenile offenders waiting trial,
for management of houses for detention of juveniles and
appointment of board and ex officio members, for annual
report and expenses and for appropriation and bond issues;
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of August 9, 1955 (P.L.323,
No.130), known as The County Code, is amended to read:
AN ACT
Relating to counties of the first, second, second class A,
third, fourth, fifth, sixth, seventh and eighth classes and
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counties which have adopted a home rule charter; amending,
revising, consolidating and changing the laws relating
thereto; relating to imposition of excise taxes by counties,
including authorizing imposition of an excise tax on the
rental of motor vehicles by counties of the first class; and
providing for regional renaissance initiatives.
Section 2. Section 102(a) of the act is amended to read:
Section 102. Applicability.--(a) Except incidentally, as in
sections 108, 201, 210, 211, 401 and 1401 or as provided in
section 1770.12, [Article XII-B and Article] Articles XII-B, XXX
and XXIII, this act does not apply to counties of the first or
second classes.
* * *
Section 3. Subdivision (e.1) heading of Article XXIII of the
act is amended to read:
(e.1) Special Provisions for Temporary County Buildings
and for Rooms in County Buildings [in Counties of the
Second Class A]
Section 4. Sections 2339.1, 2339.2, 2339.3, 2339.5 and
2339.6 of the act are amended to read:
Section 2339.1. Scope of subdivision.
This subdivision shall apply to counties of the first,
second, second class A[.], third, fourth, fifth, sixth, seventh
and eighth classes and counties which have adopted a home rule
charter . , WHICH HAVE BEEN AUTHORIZED BY THE DEPARTMENT OF HUMAN
SERVICES TO MANAGE AND ADMINISTER HOUSES FOR THE DETENTION AND
RECEPTION OF JUVENILES.
Section 2339.2. Room or building for juvenile offenders waiting
trial.
The commissioners or the county executive shall provide,
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furnish and heat within the county a separate room or rooms or a
suitable building to be used exclusively for the confinement of
alleged or adjudicated delinquent children or dependent children
as defined in 42 Pa.C.S. ยง 6302 (relating to definitions) who
are in custody awaiting trial or hearing in the courts of the
county and provide for the maintenance and care of the children
while in custody.
Section 2339.3. Management of houses for detention of juveniles
and appointment of board and ex officio members.
The management of houses for the detention and reception of
juveniles awaiting trial, hearing or judicial investigation
under the laws of this Commonwealth shall be in a board of
managers consisting of a cross section of citizens with relevant
expertise in juvenile development, juvenile detention and mental
health and substance use disorders, three county commissioners
or the county executive, the county controller and six private
citizens, three to be appointed by the president judge of the
court of common pleas and three to be appointed by the
chairperson of the board of county commissioners. The
commissioners or the county executive and the controller may
appoint persons to act as their designees for the purpose of
attending meetings of the board, and the designees shall have
the right to vote at the meetings. The private citizen members
of the board shall not be officers or employees of the county.
The members of the board or boards of managers existing in the
county shall remain as members of the board or boards of
managers created in this subdivision until the expiration of the
terms to which they were respectively appointed. Annually
thereafter, the members or their successors shall be appointed
for a term of three years. Vacancies occurring in the membership
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of the board shall be filled for the unexpired term by the
chairperson of the board of county commissioners the county
executive or the president judge of the court of common pleas,
depending upon who originally appointed the board member. The
members of the board shall serve without compensation. The
Department of Human Services shall promulgate rules and
regulations as necessary and appropriate regarding the
composition of the boards of managers.
Section 2339.5. Annual report and expenses.
The board of managers shall annually report to the county
commissioners or the county executive, on or before the first
day of November, the amount of money required for the
maintenance of the house or houses of detention. The county
commissioners or the county executive shall make an annual
appropriation to the board of managers for the payment of the
expenses of administering the house or houses of detention.
Expenses incurred in the performance of duties by the board of
managers shall be itemized and presented with vouchers to the
county commissioners or the county executive for payment, and a
semiannual expense report shall be made to the county
commissioners or the county executive. All expenses in
connection with the management and administration of the house
of detention shall be paid by the county in the manner provided
by law for the payment of county obligations. The house or
houses of detention shall annually report to the board of
managers, on or before the first day of November, information on
facility operations required by the Department of Human
Services. At a minimum, the report shall include information on
the use of physical restraints and seclusion . , INSTANCES OF
OVERCROWDING AND A DESCRIPTION OF THE EDUCATIONAL PROGRAMS AND
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ACCESS TO EDUCATION AT THE HOUSE OR HOUSES OF DETENTION. The
board of managers shall conduct regular announced and
unannounced visits to house or houses of detention facilities
and annually report the board's findings to the Department of
Human Services, on or before the first day of November.
Section 2339.6. Appropriation and bond issues.
The county commissioners or the county executive shall have
power and authority, for the purpose of housing juveniles, to
appropriate money from the public funds or to issue bonds in the
manner provided by law for the purchase of lands or erecting,
constructing and equipping a building or buildings.
Section 5. This act shall take effect in 60 days.
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