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| PRIOR PRINTER'S NOS. 2078, 2245 | PRINTER'S NO. 2294 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EACHUS, BOBACK, BOYLE, CARROLL, D. COSTA, DALLY, GOODMAN, JOHNSON, McCALL, MELIO, MUNDY, MURPHY, PASHINSKI, PAYTON, SIPTROTH, WALKO, WANSACZ, YUDICHAK, BRIGGS AND WATERS, JUNE 10, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 25, 2009 |
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| AN ACT |
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1 | Establishing a joint legislative, executive and judicial |
2 | commission on juvenile justice. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Interbranch |
7 | Commission on Juvenile Justice Act. |
8 | Section 2. Declaration of policy. |
9 | The General Assembly finds and declares as follows: |
10 | (1) Recent events involving the actions of several |
11 | judges individuals in Luzerne County with respect to juvenile | <-- |
12 | delinquency proceedings require a noncriminal investigation |
13 | and review of the operations of the juvenile justice system |
14 | in that county. |
15 | (2) These events may have violated the principles in the |
16 | Pennsylvania Constitution and State law and have eroded the |
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1 | trust and confidence in Luzerne County's juvenile justice |
2 | system. |
3 | (3) Therefore, the legislative, judicial and executive |
4 | branches of State government shall undertake a joint |
5 | noncriminal investigation and review to: |
6 | (i) ascertain how the Luzerne County juvenile |
7 | justice system failed; |
8 | (ii) restore public confidence in the administration |
9 | of justice; and |
10 | (iii) prevent similar events from occurring. |
11 | Section 3. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Commission." The Interbranch Commission on Juvenile Justice |
16 | established in section 4. |
17 | "Public employee." The term shall have the same meaning as | <-- |
18 | given to it in 65 Pa.C.S. § 1102 (relating to definitions). |
19 | "Public official." The term shall have the same meaning |
20 | given to it in 65 Pa.C.S. § 1102 (relating to definitions). |
21 | Section 4. Commission. |
22 | (a) Establishment.--The Interbranch Commission on Juvenile |
23 | Justice is established. |
24 | (b) Membership.--The commission shall consist of the |
25 | following members, appointed within 15 25 days of the effective | <-- |
26 | date of this section: |
27 | (1) Four members appointed by the Chief Justice of the |
28 | Supreme Court of Pennsylvania. One of the members must have |
29 | served on the Juvenile Court Judges' Commission. |
30 | (2) Four members knowledgeable and experienced in |
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1 | juvenile law or providing services to juveniles who are not |
2 | members of the General Assembly. One member shall be |
3 | appointed by each of the following: |
4 | (i) The President pro tempore of the Senate. |
5 | (ii) The Minority Leader of the Senate. |
6 | (iii) The Speaker of the House of Representatives. |
7 | (iv) The Minority Leader of the House of |
8 | Representatives. |
9 | (3) Three members appointed by the Governor. One member |
10 | under this paragraph must be a member of the general public. |
11 | One member under this paragraph must be a member of the |
12 | Coalition of Pennsylvania Crime Victim Organizations who is |
13 | directly involved in providing services to victims associated |
14 | with juvenile crime in a county. |
15 | (c) Chairperson.--The Chief Justice shall select the |
16 | chairperson of the commission. |
17 | (d) Quorum and voting.-- |
18 | (1) The physical presence of six members constitutes a |
19 | quorum. |
20 | (2) Action of the commission must be authorized or |
21 | ratified by majority vote of participating members members of | <-- |
22 | the commission. |
23 | (e) Participation.--A member not physically present may |
24 | participate by teleconference or video conference. |
25 | (f) Meetings.--The following shall apply: |
26 | (1) The commission shall meet at least once a month. |
27 | Additional meetings may be called by the chairperson as |
28 | necessary. The chairperson shall schedule a meeting upon |
29 | written request of four members of the commission. |
30 | (2) The first meeting shall be convened within 45 days |
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1 | of the effective date of this section. |
2 | (3) The commission shall hold public hearings as |
3 | necessary to obtain the information required to conduct the |
4 | investigation and review under section 5. |
5 | (g) Expenses.--Members shall not receive compensation but |
6 | shall be reimbursed for expenses incurred in service of the |
7 | commission. |
8 | (h) Support.-- |
9 | (1) The Administrative Office of Pennsylvania Courts |
10 | shall provide administrative services to the commission. |
11 | (2) Upon request, the Pennsylvania Commission on Crime |
12 | and Delinquency and the Joint State Government Commission |
13 | shall provide administrative assistance to the commission. |
14 | (3) The Juvenile Court Judges' Commission may provide |
15 | analyses, reports and recommendations to the commission. |
16 | Section 5. Functions of commission. |
17 | (a) Powers.--The commission has the following powers: |
18 | (1) To investigate and analyze the events, practices, |
19 | processes, procedures and other authority in Luzerne County |
20 | involving judges, attorneys, county officials public | <-- |
21 | officials, public employees, probation and parole officers |
22 | and providers of juvenile services. |
23 | (2) To review the procedures, practices and rules |
24 | relating to the appointment of counsel to represent juvenile |
25 | offenders and the exercise of the right to counsel in Luzerne |
26 | County. |
27 | (3) To review the exercise of authority and abuse of |
28 | power with regard to the disposition and placement of |
29 | juveniles in Luzerne County. |
30 | (4) To review procedures used in responding to judicial |
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1 | and attorney conduct and to make recommendations as necessary |
2 | with respect to both disciplinary systems. |
3 | (5) To review the oversight of juvenile detention |
4 | facilities and investigate the utilization of facilities in |
5 | Luzerne County. |
6 | (6) To hold public hearings for the taking of testimony | <-- |
7 | and the requesting of documents. The commission shall have |
8 | the power to issue subpoenas under the hand and seal of its |
9 | chair commanding any person to appear before it and answer |
10 | questions touching matters properly being inquired into by |
11 | the commission, and to produce any books, papers, records, |
12 | documents and data and information produced and stored by any |
13 | electronic data processing system as the commission deems |
14 | necessary. The subpoenas may be served upon any person and |
15 | shall have the force and effect of subpoenas issued out of |
16 | the courts of this Commonwealth. Any person who willfully |
17 | neglects or refuses to testify before the commission or to |
18 | produce any books, papers, records, documents or data and |
19 | information produced and stored by any electronic data |
20 | processing system shall be subject to the penalties provided |
21 | by the laws of this Commonwealth in such case. The |
22 | chairperson of the commission shall have the power to |
23 | administer oaths and affirmations to witnesses appearing |
24 | before the commission. The commission may also cause the |
25 | deposition of witnesses either residing within or without |
26 | this Commonwealth to be taken in the manner prescribed by law |
27 | for taking depositions in civil actions. |
28 | (b) Duties.--The commission has the following duties: |
29 | (1) To accept and review written comments from |
30 | individuals and organizations. |
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1 | (2) To make, by May 31, 2010, recommendations to the |
2 | Governor, the Supreme Court, the Senate and the House of |
3 | Representatives based on the investigation of issues under |
4 | subsection (a). This paragraph includes recommendations: |
5 | (i) To improve the juvenile justice system. |
6 | (ii) To prevent the reoccurrence of events similar |
7 | to those identified in section 2. |
8 | (iii) To change to State statutes and State and |
9 | local practices, rules, policies and procedures. |
10 | (3) To make reports as follows: |
11 | (i) The commission may file status reports and |
12 | updates with the Governor, the Supreme Court, the Senate |
13 | and the House of Representatives as it deems appropriate. |
14 | (ii) The commission shall issue a final report by |
15 | May 31, 2010. |
16 | (iii) A report under this paragraph must be adopted |
17 | at a public meeting. |
18 | (iv) A report under this paragraph shall be a public |
19 | record under the act of February 14, 2008 (P.L.6, No.3), |
20 | known as the Right-to-Know Law. |
21 | Section 19. Expiration. |
22 | This act shall expire June 30, 2010. |
23 | Section 20. Effective date. |
24 | This act shall take effect immediately. |
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