THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY JOHNSON, WATERS, PAYTON, MIRABITO, MANN, PASHINSKI, JOSEPHS, FRANKEL, V. BROWN, YOUNGBLOOD, WAGNER, MYERS AND McGEEHAN, FEBRUARY 17, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2011  

AN ACT

Establishing the Pennsylvania Criminal Justice Commission as a

subcommission under the Commission on Crime and Delinquency

to review the Commonwealth's entire criminal justice system

within an 18-month period, to propose concrete, wide-ranging

reforms designed to responsibly reduce the overall

incarceration rate, to improve State and local responses to

international and domestic gang violence, to restructure our

approach to drug policy, to improve the treatment of mental

illness, to improve prison administration and to establish a

system for reintegrating ex-offenders. 

TABLE OF CONTENTS

Section 1.  Short title.

Section 2.  Findings.

Section 3.  Legislative intent.

Section 4.  Definitions.

Section 5.  Establishment.

Section 6.  Purpose.

Section 7.  Review and findings.

Section 8.  Duties.

Section 9.  Membership.

Section 10.  Administration.

Section 11.  Funding.

Section 12.  Termination.

Section 20.  Effective Date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Pennsylvania

Criminal Justice Commission Act.

Section 2.  Findings.

The General Assembly finds and declares as follows:

(1)  In comparison to bordering states, Pennsylvania's

violent offenses rate is more than the rates for New Jersey,

Ohio and West Virginia.

(2)  Pennsylvania's 2006 reported murder rate of 5.8 per

100,000 persons was greater than both the national rate of

5.7 and the northeastern regional rate of 4.5. Of counties

reporting murders in 2006, rates ranged from 0.7 in

Schuylkill County to 28.0 in Philadelphia County.

(3)  Minorities make up a disproportionate share of

prison populations. Incarceration for drug crimes has had a

lopsided impact on minority communities. Black males have 32%

chance of serving time in prison at some point in their

lives, Hispanic males have a 17% chance and white males have

a 6% chance.

(4)  The State prison population during 2006 totaled

44,450 offenders. This was a 5% increase from 2005. However,

the 2006 population figure is nearly twice that of the prison

population in 1990.

(5)  Existing practices can incarcerate people who do not

belong in prison and distract from locking up more serious,

violent offenders who are a threat to our community.

(6)  A total of 52,432 violent offenses were reported in

Pennsylvania during 2006. This is a 4% increase over the

number reported in 2005. A longer trend shows reported

violent offenses increased 6% over ten years, since 1996 and

9% since 2000.

(7)  In the past, reentry programs have undermined public

safety, making it extremely difficult for some ex-offenders

to become full, contributing members of society, while

releasing repeat offenders.

(8)  The national and northeast regional rates have

increased over the past several years. While New Jersey's and

West Virginia's rates have decreased, Pennsylvania's and its

other contiguous states' rates have increased in terms of

violent offense arrests.

(9)  Those addicted to and abusive of illicit drugs are

an estimated 10% to 20% of the drug-using population but

account for an estimated half of all illicit drug

consumption. Treating addiction will significantly help

decrease demand.

(10)  Prisons and jails nationwide have become holding

facilities for the mentally ill. An estimated 350,000 men and

women are in prisons and jails with serious mental disorders

and are 12 times more likely to be in prisons than in mental

health hospitals. Prisoners are two to four times more likely

to be schizophrenic, depressed, bipolar or suffering from

posttraumatic stress disorder. Approximately 73% of mentally

ill inmates suffer from a substance abuse disorder.

(11)  Prisons have become public health risks. The number

of State prisoners with HIV is 2.5 times greater than the

general population. The number of State prisoners with

hepatitis C is nine times that of the general population.

(12)  Prison administration is uneven, lacking clear,

affirmative standards of training and performance, varying

greatly from institution to institution, locality to locality

and among Federal, State and local jurisdictions.

(13)  According to a 2007 Bureau of Justice Statistics

survey, an estimated 64.5% of all Federal and State inmates

experienced one or more incidents of sexual victimization

involving other inmates or staff.

Section 3.  Legislative intent.

It is the intent of the General Assembly to establish the

Pennsylvania Criminal Justice Commission. The commission will:

(1)  Refocus incarceration policies to reduce the overall

incarceration rate while preserving public safety, cost

effectiveness and societal fairness.

(2)  Decrease prison violence.

(3)  Improve prison administration, including competence

and career enhancement of administrators.

(4)  Establish meaningful reentry programs for ex-

offenders.

(5)  Reform our State's drug policies.

(6)  Improve treatment of the mentally ill in the prison

system.

(7)  Reform any other aspect of the system the commission

determines necessary.

Section 4.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The Pennsylvania Criminal Justice Commission.

"PCCD."  The Pennsylvania Commission on Crime and

Delinquency.

Section 5.  Establishment.

There is established a commission to be known as the

Pennsylvania Criminal Justice Commission.

Section 6.  Purpose.

The commission shall undertake a comprehensive review of the

criminal justice system, make findings related to current State

criminal justice policies and practices and make reform

recommendations for the Governor and General Assembly to improve

public safety, cost effectiveness, overall prison administration

and fairness in the implementation of Pennsylvania's criminal

justice system.

Section 7.  Review and findings.

(a)  Review.--The commission shall review all areas of State

criminal justice costs, practices and polices.

(b)  Specific findings.--In conducting the review, the

commission shall make findings as it deems appropriate,

including:

(1)  the statistical areas of increase in the

Commonwealth's incarceration rate compared to historical

standards of incarceration in Pennsylvania and the reasons

for this increase;

(2)  a comparison of incarceration policies, including

juvenile incarceration policies with other states, outlining

the different standards applied for types of crime, length of

sentences, standards of prison administration, quality of

reentry programs for ex-offenders and recidivism rates;

(3)  an examination of prison administration policies,

including the availability and quality of pre-employment

training programs and the availability of meaningful career

progression within the profession;

(4)  the costs of current incarceration policies,

including the relevant costs of law enforcement, the

proportion of that cost associated with gangs and drug

enforcement, the costs of constructing and administering

prison facilities, the costs of postincarceration supervision

and reentry programs and the cost of lost economic

opportunities associated with the stigma of incarceration;

(5)  an examination of the impact of gang activities in

Pennsylvania, and outlining the impact of these activities in

terms of violence, intimidation and all areas of criminal

activity;

(6)  an examination of the drug policy and its impact on

incarceration, crime and violence, sentencing and reentry

programs, including an analysis of the general availability

of drugs in our communities, the impact and effectiveness of

current policies on reducing that availability and on the

incidence of crime and, in the case of criminal offenders,

the availability of drug treatment programs before, during

and after incarceration;

(7)  an examination of the legal and administrative

changes in policies regarding those who suffer from mental

illness, including mandatory and voluntary commitment to

institutional care, the effectiveness and availability of

alternative methods of treatment, the impact of these policy

changes on incarceration and the availability of government-

sponsored or government-assisted programs to address mental

illness; and

(8)  any other area that the commission, in its judgment,

believes to be relevant to a full understanding of the

present criminal justice system in this Commonwealth.

Section 8.  Duties.

(a)  Recommendations.--After conducting a review of the

Pennsylvania criminal justice system and making findings as

required under section 7, the commission shall make

recommendations for changes in policies and laws designed to:

(1)  refocus incarceration policies to reduce the overall

incarceration rate while preserving public safety, cost

effectiveness and societal fairness;

(2)  decrease prison violence, with particular reference

to protecting those incarcerated from physical abuse;

(3)  improve prison administration;

(4)  institute the use of policies and practices proven

effective throughout the spectrum of criminal behavior;

(5)  establish a system for the reintegration of ex-

offenders that provides them with productive skills and

opportunities;

(6)  restructure the approach to criminalization of and

incarceration as a result of the possession or use of illegal

drugs, decreasing the demand for illicit drugs and improving

the treatment for addiction;

(7)  improve and streamline the treatment of mental

illness, both in our society and in the criminal justice

system;

(8)  improve local responses to criminal activity and

violence carried out by gangs, cartels and syndicates,

particularly in relation to drug smuggling and distribution;

and

(9)  improve and reform any other aspect of the

Pennsylvania criminal justice system the commission

determines is required.

(b)  Consultations.--The commission shall:

(1)  consult with government and nongovernment leaders,

including State and local law enforcement officials; and

(2)  include in its final report required under

subsection (c) summaries of the input and recommendations

based on the recommendations required under subsection (a).

(c)  Report.--

(1)  Not later than 18 months after the selection of the

chair and the executive director of the commission under the

PCCD, the commission shall prepare and submit a final report

that contains a detailed statement of findings, conclusions

and recommendations of the commission to the Governor and the

General Assembly.

(2)  The report submitted under this subsection shall be

made available to the public.

Section 9.  Membership.

(a)  Composition.--The commission shall be composed of the

following members:

(1)  One member appointed by the Governor, who shall

serve as chairman of the commission.

(2)  Two members appointed by the Majority Leader of the

Senate, in consultation with the chairman of the Judiciary

Committee of the Senate.

(3)  Two members appointed by the Minority Leader of the

Senate, in consultation with the minority chairman of the

Judiciary Committee of the Senate.

(4)  Two members appointed by the Speaker of the House of

Representatives, in consultation with the chairman of the

Judiciary Committee of the House of Representatives.

(5)  Two members appointed by the Minority Leader of the

House of Representatives, in consultation with the minority

chairman of the Judiciary Committee of the House of

Representatives.

(b)  Membership.--

(1)  The individuals appointed from private life as

members of the commission shall be individuals who are

nationally recognized for expertise, knowledge or experience

in relevant areas such as:

(i)  law enforcement;

(ii)  criminal justice;

(iii)  national security;

(iv)  prison administration;

(v)  prisoner reentry;

(vi)  public health, including drug addiction and

mental health;

(vii)  victims' rights; and

(viii)  social services.

(2)  An individual shall not be appointed as a member of

the commission if the individual possesses any personal or

financial interest in the discharge of any of the duties of

the commission.

(3)  Members shall be appointed for the life of the

commission.

(c)  Appointment and initial meeting.--

(1)  Members of the commission shall be appointed not

later than 45 days after the effective date of this section.

(2)  The commission shall hold its initial meeting 60

days after the effective date of this section.

(d)  Meetings, quorum and vacancies.--

(1)  The commission shall meet at the call of the chair

or a majority of its members.

(2)  Five members of the commission, including at least

one member chosen by the Minority Leader of the Senate and

Minority leader of the House of Representatives, shall

constitute a quorum for purposes of conducting business,

except that two members of the commission shall constitute a

quorum for purposes of receiving testimony.

(3)  Any vacancy in the commission shall not affect its

powers, but shall be filled in the same manner in which the

original appointment was made. If vacancies in the commission

occur on any day after 45 days after the effective date of

this section, a quorum shall consist of a majority of the

members of the commission as of that day, if at least one

commission member chosen by a member of the Republican Party

and a member of the Democratic Party are present.

(e)  Action of commission.--

(1)  The commission:

(i)  shall act by resolution agreed to by a majority

of the members of the commission voting and present; and

(ii)  may establish panels composed of less than the

full membership of the commission for purposes of

carrying out the duties of the commission under this act,

which panels shall be subject to the review and control

of the commission. Any findings and determinations made

by a panel shall not be considered the findings and

determinations of the commission unless approved by the

commission.

(2)  Any member, agent or staff of the commission may, if

authorized by the chair of the commission, take any action

which the commission is authorized to take under this act.

Section 10.  Administration.

(a)  Travel expenses.--Members shall receive travel expenses,

including a per diem, while away from their homes or regular

places of business in performance of services for the

commission.

(b)  Staff.--The following staff shall be present on the

commission and shall be paid by the PCCD. Stipends will be

determined by the PCCD in consultation with the commission:

(1)  The commission shall have a staff headed by an

executive director.

(2)  With the approval of the commission and PCCD, the

executive director may appoint personnel as the executive

director determines to be appropriate.

(3)  With the approval of the commission, the executive

director may procure temporary and intermittent services.

(4)  Upon the request of the commission, the head of any

State agency may detail, without reimbursement, any of the

personnel of the agency to the commission to assist in

carrying out the duties of the commission. Any details shall

not interrupt or otherwise affect the civil service status or

privileges of the State employee.

(5)  The commission shall have reasonable access to

materials, resources, statistical data and other information

the commission determines to be necessary to carry out its

duties from the Legislative Reference Bureau, the Department

of State and other agencies of the executive and legislative

branches of the State government. The chair of the commission

shall make requests for access in writing when necessary.

(c)  Obtaining official data.--The commission may secure

directly from any agency of the Commonwealth information

necessary to enable it to carry out this act. Upon the request

of the chair of the commission, the head of that department or

agency shall furnish that information to the commission.

Section 11.  Funding.

(a)  In general.--The PCCD shall provide funding to the

commission.

(b)  Availability.--Any sums appropriated under the

subsection (a) shall remain available, without fiscal year

limitation, until expended.

Section 12.  Termination.

The commission shall terminate 60 days after it submits its

report to the General Assembly.

Section 20.  Effective date.

This act shall take effect in 60 days.