PRINTER'S NO. 3903
No. 2721 Session of 1986
INTRODUCED BY BLACK, TELEK, ROBBINS, MARKOSEK, PETRARCA,
BATTISTO AND FARGO, JULY 1, 1986
REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 1986
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 community public service programs for certain offenders.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1520 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 1520. Community public service program.
9 (a) General rule.--A district justice may, upon hearing the
10 facts of a case, admit to the adjudication alternative
11 authorized by this section persons charged with summary offenses
12 or misdemeanors of the third degree within the jurisdiction of
13 the district justice. Where applicable, the defendant shall be
14 required to waive his rights to a speedy trial. The defendant
15 shall not be required to plead guilty to be accepted by the
16 district justice into the program.
17 (b) Public service programs.--A district justice may, in
18 lieu of making a disposition, authorize an offender to
1 participate in a program in which an agency or organization is
2 willing to assume supervision or placement responsibility for
3 such offenders. The program in general shall be approved by the
4 court of common pleas of that district and the district
5 attorney. This program may include work, counseling, public
6 service, job training, education or other appropriate community
7 service or self-improvement. The conditions of the program may
8 include the imposition of costs and restitution, the imposition
9 of a reasonable charge relating to the expense of administering
10 the program and any other conditions agreed to by the offender.
11 At the discretion of the district justice, a police department
12 or other agency or unit of a political subdivision may
13 participate in a public service program authorized by this
14 section if the agency or unit is authorized to do so by
15 ordinance or resolution of the governing body of the political
16 subdivision and if such participation is consistent with an
17 approved program.
18 (c) Completion of program.--The district justice shall
19 dismiss the charges and shall relieve the person of the
20 obligation to pay any fine or serve any sentence of
21 imprisonment, upon the successful completion of the program.
22 (d) Refusal to accept or complete program.--If the person
23 refuses to accept the conditions required by the district
24 justice or fails to complete the program without good cause or
25 violates any condition of the program without good cause, the
26 district justice shall proceed on the charges as provided by
27 law.
28 (e) Immunity.--A district justice and any political
29 subdivision (or any department, agency or unit thereof), public
30 service or charitable organization, and the employees of any of
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1 the foregoing, supervising or administering a public service
2 program under this section shall be immune from any civil action
3 for damages brought by, or on behalf of, a person admitted to
4 this program or his parents or guardian. Nothing in this section
5 shall be construed to limit or otherwise affect or preclude
6 liability resulting from gross negligence or intentional
7 misconduct. Reckless, willful or wanton misconduct constitutes
8 gross negligence.
9 (f) Definition.--As used in this section the term "district
10 justice" includes a judge of the Pittsburgh Magistrates Court.
11 Section 2. This act shall take effect immediately.
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