PRINTER'S NO. 641
No. 55 Session of 1995
INTRODUCED BY STURLA, SCHULER, KUKOVICH, E. Z. TAYLOR,
GIGLIOTTI, DALEY, CALTAGIRONE, MELIO, BISHOP, LAUGHLIN,
VAN HORNE, PISTELLA, TRELLO, YOUNGBLOOD, BELFANTI, MICHLOVIC,
L. I. COHEN, STABACK, ITKIN, ROONEY, STEELMAN, BROWNE,
CIVERA, CAPPABIANCA, CURRY, WOZNIAK AND STETLER,
FEBRUARY 7, 1995
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 1995
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 authorizing a crime prevention and local law enforcement
7 program; providing for financial assistance to law
8 enforcement agencies; and establishing the Crime Prevention
9 and Local Law Enforcement Fund.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The preamble of the act of November 22, 1978
13 (P.L.1166, No.274), referred to as the Pennsylvania Commission
14 on Crime and Delinquency Law, is amended to read:
15 The General Assembly finds and declares that:
16 (a) crime and delinquency are essentially State and local
17 problems;
18 (b) crime and delinquency are complex social phenomena
19 requiring the attention and efforts of the criminal justice
1 system, State and local governments, and private citizens alike;
2 (c) the establishment of appropriate goals, objectives and
3 standards for the reduction of crime and delinquency and for the
4 administration of justice must be a priority concern;
5 (d) the functions of the criminal justice system must be
6 coordinated more efficiently and effectively;
7 (e) the full and effective use of resources affecting State
8 and local criminal justice systems requires the complete
9 cooperation of State and local government agencies; [and]
10 (f) training, research, evaluation, technical assistance and
11 public education activities must be encouraged and focused on
12 the improvement of the criminal justice system and the
13 generation of new methods for the prevention and reduction of
14 crime and delinquency[.];
15 (g) the efforts of law enforcement to combat the incidence
16 of crime are enhanced substantially when communities take steps
17 to reduce the opportunity for crime through:
18 (1) effective police leadership in crime prevention
19 planning;
20 (2) increased manpower levels and policing initiatives;
21 (3) enhanced equipment to maximize the effectiveness and
22 presence of police in the field; and
23 (4) the responsible organization of community resources;
24 and
25 (h) it is in the public interest for the Commonwealth to
26 establish a local crime prevention and law enforcement program
27 to provide financial assistance to law enforcement agencies to
28 develop and maintain community crime prevention initiatives and
29 increase the effectiveness of local law enforcement agencies.
30 Section 2. Section 1 of the act, amended April 30, 1986
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1 (P.L.125, No.38), is amended to read:
2 Section 1. Definitions.
3 The following words and phrases when used in this act shall
4 have, unless the context clearly indicates otherwise, the
5 meanings given to them in this section:
6 "Commission." The Pennsylvania Commission on Crime and
7 Delinquency.
8 "Crime prevention." The elimination or reduction of the
9 opportunity for criminal activity.
10 "Governing body." The council in cities, boroughs and
11 incorporated towns, the board of commissioners in townships of
12 the first class, the board of supervisors in townships of the
13 second class, the legislative policymaking body in counties and
14 home rule municipalities or other general purpose units of
15 government which may be created by the General Assembly,
16 including councils of government organized pursuant to the act
17 of July 12, 1972 (P.L.762, No.180), referred to as the
18 Intergovernmental Cooperation Law.
19 "Law enforcement." Such actions taken and equipment used by
20 officers of local law enforcement agencies which enable such
21 officers to better perform their law enforcement duties and to
22 make arrests in connection with the enforcement of criminal laws
23 of the Commonwealth.
24 "Local law enforcement agency." A law enforcement agency
25 created by a municipality pursuant to statute.
26 "Municipality." Every city, borough, county, incorporated
27 town, township and home rule municipality or other general
28 purpose unit of government which may be created by the General
29 Assembly, including councils of government organized pursuant to
30 the act of July 12, 1972 (P.L.762, No.180), referred to as the
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1 Intergovernmental Cooperation Law.
2 "Private citizen." An individual who is not an elected or
3 appointed official in a branch of government of the United
4 States, the Commonwealth or a political subdivision.
5 Section 3. The act is amended by adding sections to read:
6 Section 3.1. Duties of the commission relative to local crime
7 prevention and law enforcement.
8 The commission shall have the power and its duty shall be:
9 (1) To develop strategies to help implement crime
10 prevention and law enforcement programs at the local level.
11 (2) To review plans to ensure the coordination of the
12 delivery of local crime prevention and law enforcement
13 services provided through this program.
14 (3) To develop, coordinate and administer local crime
15 prevention and law enforcement programs for the funding of
16 local law enforcement agency personnel and equipment in the
17 field of crime prevention and law enforcement.
18 (4) To provide financial assistance to local law
19 enforcement agencies in developing and implementing crime
20 prevention programs.
21 (5) To promote the appropriate levels of manpower and
22 equipment of local law enforcement agencies to ensure maximum
23 efficiency and effectiveness.
24 (6) To promote the involvement of community
25 organizations in the development and implementation of crime
26 prevention programs.
27 (7) To submit, on a biennial basis, a report to the
28 Governor and the General Assembly concerning the status of
29 crime prevention and law enforcement programs throughout this
30 Commonwealth.
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1 Section 3.2. Crime prevention and law enforcement financial
2 assistance.
3 (a) Applications.--The commission shall solicit and receive
4 applications from local law enforcement agencies for financial
5 assistance to implement crime prevention and law enforcement
6 programs and allocate State funds to applicants in accordance
7 with the provisions of applicable statutes and regulations.
8 (b) Assurances and plan.--An application for financial
9 assistance under the provisions of this section shall contain
10 assurances that the applicant will submit semiannual reports on
11 the progress of its crime prevention and law enforcement
12 activities and will comply with those requirements that the
13 commission may reasonably adopt. The application shall also
14 include a crime prevention and law enforcement plan containing,
15 at a minimum, all of the following elements:
16 (1) A project plan which includes a goal statement,
17 specific project objectives, a project budget statement, a
18 description of the quantity and type of resource materials
19 needed and a project evaluation methodology.
20 (2) A description of the types of crime prevention and
21 law enforcement activities proposed to be conducted by the
22 applicant.
23 (3) A specification of the nature and extent of the
24 direct participation of community organizations in the
25 proposed activities, if applicable.
26 (4) A description of the nature and extent of
27 participation by persons representing the business community
28 in the proposed activities and a specification of those
29 proposed activities which are intended to have an impact upon
30 crimes affecting the local business community, if applicable.
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1 (5) A specific identification of the nature and types of
2 crimes upon which the proposed activities are intended to
3 impact and the level of impact the activities are projected
4 to achieve.
5 (6) A description of the geographic area within which
6 the proposed activities will be primarily conducted.
7 (7) The identification of and a rationale for the
8 purpose or purposes cited under subsection (c) for which the
9 project funds will be used.
10 (c) Use of project funds.--The commission may offer
11 financial assistance to municipalities for the following crime
12 prevention and local law enforcement purposes:
13 (1) The establishment of community policing programs for
14 municipalities which do not have such programs, or additional
15 assistance for municipalities which have already established
16 community policing programs.
17 (2) Upgrading or addition of equipment, materials or
18 technologies which would not otherwise be purchased or
19 replaced through routine equipment replacement and
20 depreciation, and would benefit the agency in deterring
21 criminal activities other than traffic violations.
22 (3) Hiring an additional law enforcement officer or
23 officers, provided the municipality can show with reasonable
24 certainty that such additional number of officer or officers
25 will be retained following the termination of program funds.
26 (4) Measures to deter criminal gang activity which may
27 include:
28 (i) Community organizations which implement programs
29 to deter criminal gang activity. The commission shall
30 give preference to programs which engage community
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1 organizations in identifying and prioritizing delinquency
2 risk factors operating in their communities which include
3 a comprehensive plan to reduce the impact of these risk
4 factors on children. Criminal gang deterrence programs
5 may include:
6 (A) Aftercare and monitoring to ensure that
7 former criminal gang members are able to integrate
8 into society.
9 (B) Rehabilitative and education support
10 services.
11 (ii) District attorneys to be used for the formation
12 of special prosecution units, grand jury investigations
13 and other strategies to deter criminal gang activity.
14 (5) Any other crime prevention measures proposed by the
15 local law enforcement agency which the commission deems
16 appropriate.
17 (d) Approval of application.--The commission may not approve
18 an application for financial assistance under this section
19 unless the application has been duly authorized and approved in
20 writing by the governing body of the municipality served by a
21 local law enforcement agency applicant. In addition, no
22 application for financial assistance may be approved for the
23 purpose of funding routine maintenance and replacement of
24 equipment or services by the municipality.
25 (e) Allocation of funds.--
26 (1) The commission shall make available not less than
27 95% of the State funds available annually for the
28 administration of this section for financial assistance to
29 local law enforcement agencies for the support of municipal,
30 county or regional crime prevention projects. The funds shall
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1 be used to pay the individual project's cost. The remaining
2 5% of State funds available annually shall be retained by the
3 commission in order to administer the program. No one project
4 would be eligible to receive more than five years of funding.
5 Project funds shall be allocated in the following manner:
6 (i) One hundred percent of the approved project's
7 total annual cost in the first year; 80% in the second
8 year; 60% in the third year; 40% in the fourth year; and
9 20% in the fifth year of a five-year plan.
10 (ii) One hundred percent of the approved project's
11 total annual cost in the first year; 75% in the second
12 year; 50% in the third year; and 25% in the fourth year
13 of a four-year period.
14 (iii) One hundred percent of the approved project's
15 total annual cost in the first year; 66% in the second
16 year; and 33% in the third year of a three-year plan.
17 (iv) One hundred percent of the approved project's
18 total annual cost in the first year; and 50% in the
19 second year of a two-year plan.
20 (2) Notwithstanding subparagraphs (i) through (iv),
21 project funds for law enforcement equipment may be funded in
22 one year or over several years as necessary.
23 (3) The remaining portion of a project's funding shall
24 come from local resources. Individual municipalities of
25 groups of municipalities acting in concert may apply for
26 funding to support regional crime prevention plans in those
27 municipal corporations with forfeit fines, recognizances and
28 other forfeitures imposed for vehicle offenses resulting from
29 local police actions under 42 Pa.C.S. § 3573 (relating to
30 municipal corporation portion of fines, etc.)
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1 (f) Limits on project funding.--In determining the amount of
2 financial assistance to be awarded for projects, the commission
3 shall ensure broad-based participation by the greatest possible
4 number of municipalities Statewide. Under no circumstances shall
5 any municipality receive more than 10% of the total Statewide
6 program funds available for a particular local project or
7 projects under this section during any State fiscal year. Any
8 municipality receiving funds from a prior project grant awarded
9 in a prior year may receive funding for a new project, provided,
10 the combined funding for projects in one year may not exceed 10%
11 of the total Statewide program funds available for projects
12 under this section during any given fiscal year.
13 (g) Commission use of funds.--The commission shall retain
14 any funds which have not been awarded for crime prevention and
15 local law enforcement projects during any given fiscal year and
16 use such funds solely for project awards during the subsequent
17 fiscal year or fiscal years.
18 Section 3.3. Establishment of fund.
19 (a) Fund.--There is hereby established within the State
20 Treasury a nonlapsing revolving account to be known as the Crime
21 Prevention and Local Law Enforcement Fund. The fund shall be
22 administered by the Pennsylvania Commission on Crime and
23 Delinquency for the purpose of providing financial assistance to
24 local law enforcement agencies for crime prevention and local
25 law enforcement projects set forth under section 3.2.
26 (b) Deposits into fund.--Twenty-five percent of the portion
27 of moneys made payable to the Commonwealth under 42 Pa.C.S. §§
28 3571 (relating to Commonwealth portion of fines, etc.) and 3573
29 (relating to municipal corporation portion of fines, etc.) shall
30 deposited into the Crime Prevention and Local Law Enforcement
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1 Fund created under subsection (a) to be used for the purposes of
2 this act.
3 Section 4. This act shall take effect in 120 days.
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