PRINTER'S NO. 159
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
169
Session of
2023
INTRODUCED BY BAKER, SANTARSIERO, LAUGHLIN, COSTA, HAYWOOD,
ROTHMAN, SCHWANK, COLLETT, KANE, DILLON, TARTAGLIONE,
COMITTA, CAPPELLETTI AND KEARNEY, JANUARY 30, 2023
REFERRED TO JUDICIARY, JANUARY 30, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for limitation on and change in place of
commitment; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6352(a)(6) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6352. Disposition of delinquent child.
(a) General rule.--If the child is found to be a delinquent
child the court may make any of the following orders of
disposition determined to be consistent with the protection of
the public interest and best suited to the child's treatment,
supervision, rehabilitation and welfare, which disposition
shall, as appropriate to the individual circumstances of the
child's case, provide balanced attention to the protection of
the community, the imposition of accountability for offenses
committed and the development of competencies to enable the
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child to become a responsible and productive member of the
community:
* * *
(6) An order of the terms of probation may include an
appropriate fine considering the nature of the act committed
or restitution not in excess of actual damages caused by the
child which shall be paid from the earnings of the child
received through participation in a constructive program of
service or education acceptable to the victim and the court
whereby, during the course of such service, the child shall
be paid not less than the minimum wage of this Commonwealth.
In ordering such service, the court shall take into
consideration the age, physical and mental capacity of the
child and the service shall be designed to impress upon the
child a sense of responsibility for the injuries caused to
the person or property of another. The order of the court
shall be limited in duration consistent with the limitations
in section 6353 (relating to limitation on and change in
place of commitment and disposition review hearing) and in
the act of May 13, 1915 (P.L.286, No.177), known as the Child
Labor Law. The court order shall specify the nature of the
work, the number of hours to be spent performing the assigned
tasks, and shall further specify that as part of a plan of
treatment and rehabilitation that up to 75% of the earnings
of the child be used for restitution in order to provide
positive reinforcement for the work performed.
* * *
Section 2. Section 6353 heading and (a) of Title 42 are
amended and the section is amended by adding a subsection to
read:
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§ 6353. Limitation on and change in place of commitment and
disposition review hearing.
(a) General rule.--No child shall initially be committed to
an institution for a period longer than four years or a period
longer than he could have been sentenced by the court if he had
been convicted of the same offense as an adult, whichever is
less. The initial commitment may be extended for a similar
period of time, or modified, if the court finds after hearing
that the extension or modification will effectuate the original
purpose for which the order was entered. The child shall have
notice of the extension or modification hearing and shall be
given an opportunity to be heard. [The committing court shall
review each commitment every six months and shall hold a
disposition review hearing at least every nine months.]
(a.1) Disposition review hearings.--
(1) The court shall hold a disposition review hearing at
least every three months in accordance with the Pennsylvania
Rules of Juvenile Court Procedure for the purpose of ensuring
that each child committed to out-of-home placement under
section 6352 (relating to disposition of delinquent child) is
receiving necessary services and treatment and that the terms
and conditions of the disposition ordered under section 6352
are being met.
(2) At a disposition review hearing under paragraph (1),
the court shall, at a minimum, determine:
(i) whether the child is receiving the necessary
services or treatment contemplated by the court's
disposition;
(ii) whether the child continues to pose a threat to
the community;
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(iii) whether additional services or treatment are
needed;
(iv) whether the child should continue in placement
or be released from placement under aftercare
supervision; and
(v) the date of the next disposition review hearing.
(3) At the conclusion of a disposition review hearing
under paragraph (1), and prior to entering an order, the
court shall state the determinations required under paragraph
(2), along with the reason for each determination, on the
record in open court.
* * *
Section 3. Sections 6358(e) and 9728(c) of Title 42 are
amended to read:
§ 6358. Assessment of delinquent children by the State Sexual
Offenders Assessment Board.
* * *
(e) Dispositional review hearing.--Where the board has
concluded that the child is in need of involuntary treatment
pursuant to the provisions of Chapter 64 (relating to court-
ordered involuntary treatment of certain sexually violent
persons), the court shall conduct a hearing at which the county
solicitor or a designee, the probation officer and the child's
attorney are present. The court shall consider the assessment,
treatment information and any other relevant information
regarding the delinquent child at the dispositional review
hearing pursuant to section 6353 (relating to limitation on and
change in place of commitment and disposition review hearing),
which shall be held no later than 180 days before the 21st
birthday of the child. Where the submission of the report was
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delayed pursuant to subsection (c), the dispositional review
hearing shall be held no later than 90 days before the 21st
birthday of the child.
* * *
§ 9728. Collection of restitution, reparation, fees, costs,
fines and penalties.
* * *
(c) Period of time.--Notwithstanding section 6353 (relating
to limitation on and change in place of commitment and
disposition review hearing) or 18 Pa.C.S. § 1106(c)(2) (relating
to restitution for injuries to person or property), the period
of time during which such judgments shall have full effect may
exceed the maximum term of imprisonment to which the offender
could have been sentenced for the crimes of which he was
convicted or the maximum term of confinement to which the
offender was committed.
* * *
Section 4. This act shall take effect in 180 days.
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