PRINTER'S NO. 356
No. 339 Session of 2001
INTRODUCED BY BIRMELIN, JOSEPHS, ARGALL, ARMSTRONG, BASTIAN,
BELFANTI, BENNINGHOFF, CALTAGIRONE, CAWLEY, CLARK, CLYMER,
L. I. COHEN, M. COHEN, DALEY, DALLY, EGOLF, FAIRCHILD, FEESE,
FRANKEL, GEIST, GEORGE, HENNESSEY, LAUGHLIN, LEH, LYNCH,
MANDERINO, METCALFE, R. MILLER, MUNDY, ORIE, PETRARCA,
PISTELLA, ROHRER, SAYLOR, SCRIMENTI, SHANER, SOLOBAY,
STABACK, STEELMAN, STURLA, E. Z. TAYLOR, YEWCIC AND
YOUNGBLOOD, JANUARY 31, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2001
AN ACT
1 Establishing community reparative disposition programs for
2 offenders and community reparative disposition boards; and
3 providing for the powers and duties of the Pennsylvania
4 Commission on Crime and Delinquency and for expungement of
5 criminal arrest records in certain circumstances.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Community
10 Reparative Disposition Program Act.
11 Section 2. 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 "Board." The community reparative disposition board of a
16 county established under this act and administered by the court
1 of common pleas of the county.
2 "Commission." The Pennsylvania Commission on Crime and
3 Delinquency.
4 "Offender." A person charged with the commission of a
5 criminal offense in this Commonwealth and graded as a
6 misdemeanor of third degree or a summary offense who has never
7 been convicted of a felony or a misdemeanor. The term does not
8 include a person charged with a violation of a protection from
9 abuse order entered pursuant to 23 Pa.C.S. (relating to domestic
10 relations).
11 "Panel." A community reparative panel which shall consist of
12 at least three members selected by the community reparative
13 disposition board.
14 "Program." A community reparative disposition program
15 implemented in accordance with this act.
16 "Reparative activity." An act to be performed by an
17 offender, the objective of which is to repair the harm caused to
18 a victim or the community by the offender or to rehabilitate the
19 offender.
20 Section 3. Community reparative disposition program.
21 (a) Establishment.--The county commissioners of each county
22 may establish a community reparative disposition program, which
23 program shall be administered in a manner prescribed and
24 approved by the community reparative disposition board of the
25 county and in accordance with guidelines promulgated by the
26 commission relating to the program. Once established, a
27 community reparative disposition board may be dissolved at any
28 time, at the discretion of the county commissioners.
29 (b) Purposes.--The purposes of the program shall be:
30 (1) To provide a mechanism for the victims of crime and
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1 the community to receive restitution from offenders.
2 (2) To educate offenders about the impact their crimes
3 have made on victims and the community.
4 (3) To provide a means, including rehabilitation, by
5 which offenders may become law-abiding, productive citizens
6 in the future.
7 (4) To provide offenders with an incentive to engage in
8 reparative activities as an alternative to prosecution for
9 the criminal offenses committed by them.
10 (c) Program guidelines.--The commission shall promulgate
11 guidelines relating to:
12 (1) The operation of community reparative disposition
13 boards.
14 (2) The composition of panels within the boards.
15 (3) The types of reparative and rehabilitative
16 activities deemed acceptable for community reparative
17 disposition programs.
18 (4) The criteria to be used by the boards in the
19 development of reparative activities for offenders.
20 Section 4. Community reparative disposition boards.
21 (a) Composition.--In order to conduct business, each
22 community reparative disposition board shall be composed of at
23 least ten members who shall be citizens of the county. Members
24 of the board shall serve for a term of two years and the board
25 shall consist of the following:
26 (1) The president judge of the court of common pleas or
27 that person's designee.
28 (2) The chairman of the county commissioners or that
29 person's designee; or in counties of the first class, the
30 mayor or that person's designee.
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1 (3) The district attorney or that person's designee.
2 (4) A victim's service representative or representative
3 of a victim's service organization, selected by the district
4 attorney.
5 (5) The single county authority for alcohol and drugs or
6 that person's designee.
7 (6) A representative selected by the chiefs of police in
8 the county.
9 (7) A representative of a faith-based community,
10 selected by the county commissioners or, in counties of the
11 first class, the mayor.
12 (8) A representative of the business community, selected
13 by the county commissioners or, in counties of the first
14 class, the mayor.
15 (9) A public defender or assistant public defender.
16 (10) The county mental health/mental retardation
17 administrator or that person's designee.
18 (b) Duties.--The board shall perform the following duties:
19 (1) Select persons for participation on panels.
20 (2) Define the categories of cases appropriate for
21 referral of offenders to the panel.
22 (3) Establish and implement appropriate training of
23 panels.
24 (4) Oversee the activities of the panels.
25 (5) Report on activities of the board and panels to the
26 commission.
27 (c) Panels.--The panels selected by the board shall conduct
28 meetings with offenders and victims for the purpose of
29 negotiating and entering into written agreements. The panels
30 shall:
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1 (1) Report to the board regarding the conditions of
2 agreements or reparative activities entered into with
3 offenders who seek participation in the program.
4 (2) Supervise offenders' compliance with the conditions
5 of the program.
6 (3) Certify, at the request of the offender, whether the
7 offender has satisfactorily completed the conditions of the
8 program.
9 Section 5. Referral of offenders.
10 (a) Procedures.--The board shall establish procedures for
11 the referral of offenders by the charging authority to a panel,
12 which procedures shall contain the following provisions:
13 (1) Referrals shall be made as early as practicable
14 after the arrest.
15 (2) A referral shall be contingent upon the offender's
16 admission that he committed the offense.
17 (b) Use of offender information or statements.--No
18 admission, information or statements provided by an offender or
19 the offender's attorney to the attorney for the Commonwealth
20 relating to consideration for participation in the program shall
21 be admissible against the offender for any purpose in any
22 criminal proceeding, except in a prosecution based on the
23 falsity of such information or statements.
24 (c) Continuance of proceedings.--Any court proceedings
25 relating to the offense shall be continued pending completion or
26 breach of the agreement between the panel and the offender.
27 Section 6. Meeting of panels.
28 (a) General rule.--After referral of an offender to a panel,
29 the panel shall conduct a meeting between the panel, the
30 offender and the victim, if available. At the meeting, the panel
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1 shall attempt to enter into a written agreement of reparative
2 activities with the offender.
3 (b) Written statement by victim.--The victim may, at his
4 option, provide a written statement to the panel in lieu of
5 appearing at the panel hearing or meeting.
6 (c) Panel report to board and court.--
7 (1) After the meeting is concluded, the panel shall
8 report to the board, the court, the charging authority and
9 the victim whether an agreement of reparative activities has
10 been reached with the offender and the provisions of the
11 agreement, if any.
12 (2) Where an agreement has not been reached, the case
13 shall proceed as if no referral had been made to the panel.
14 (d) Understanding of offender.--In the course of developing
15 the agreement, the panel shall determine whether the offender
16 understands the following:
17 (1) Acceptance into and satisfactory completion of the
18 program provides the offender an opportunity to dismiss the
19 pending charges.
20 (2) Should the offender fail to complete the program
21 satisfactorily, the offender may be prosecuted for the
22 offense charged as provided by law.
23 (3) The offender must agree that if accepted into the
24 program, the offender waives, in writing:
25 (i) The appropriate statute of limitations for the
26 offense charged.
27 (ii) The offender's right to the speedy filing of
28 charges and to a speedy trial under any applicable
29 Federal or State constitutional provision, statute or
30 rule of court during the period of participation in the
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1 program.
2 (e) Use of offender information or statements.--No
3 admission, information or statements provided by an offender to
4 the panel shall be admissible against the offender for any
5 purpose in any criminal proceeding, except in a prosecution
6 based on the falsity of such information or statements.
7 (f) No appeal.--No appeal shall be taken from any panel
8 decision.
9 Section 7. Breach of conditions by offender.
10 If the panel, in its discretion, determines that the offender
11 has not completed the conditions, the panel shall declare the
12 agreement breached. The panel shall notify in writing the
13 charging authority, the board, the court and the victim of the
14 breach.
15 Section 8. Conditions of program participation.
16 (a) General rule.--It shall be a condition of program
17 participation that the offender shall not be arrested for, nor
18 commit, any crime. The conditions of participation in the
19 program shall also consist of:
20 (1) Reparative activities mandated by the panel, after
21 input from the victim, if available, and the offender.
22 (2) The imposition of costs and a reasonable charge
23 relating to the expense of administering the program.
24 (3) Such other conditions as may be imposed with respect
25 to probation after conviction of a criminal offense,
26 including, but not limited to, restitution.
27 (4) Such other terms and conditions as agreed to by the
28 panel and the offender.
29 (5) Referral to assessment for drug and alcohol, mental
30 health, vocational or other rehabilitative services, as
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1 deemed appropriate by the panel.
2 (6) Any other conditions as required by law.
3 (b) Duration of participation.--An offender shall be
4 required to participate in the program for a period of not more
5 than one year.
6 Section 9. Dismissal of charges for completion of program.
7 When an offender satisfactorily completes the conditions of
8 the program, the panel shall notify in writing the charging
9 authority, the board, the court and the victim. The court shall
10 dismiss any charges relating to the underlying offense.
11 Section 10. Expungement.
12 (a) General rule.--Except as provided in subsection (b),
13 when a court orders the dismissal of charges under section 9,
14 the court may also order the expungement of the offender's
15 arrest record relating to the dismissed charges, upon motion of
16 the offender.
17 (b) Objection by the Commonwealth.-- The Commonwealth may
18 file any objection to an expungement under subsection (a). A
19 copy of the objections under this section shall be served on the
20 offender, the offender's attorney and the victim.
21 (c) Hearing on objections.--The court shall conduct a
22 hearing on the objections and shall permit the offender and the
23 victim an opportunity to be heard.
24 Section 11. Duties of commission.
25 In addition to any other duties imposed under this act the
26 commission shall:
27 (1) Develop models and promulgate guidelines to assist
28 community reparative boards in the establishment of community
29 reparative disposition programs.
30 (2) Provide technical assistance and funding for the
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1 establishment and operation of community reparative
2 disposition programs.
3 (3) Monitor the effect of the community reparative
4 disposition programs on recidivist rates.
5 (4) Monitor the effect of the community reparative
6 disposition programs' court expenditures.
7 (5) Establish a curriculum and training program to
8 support the establishment and operation of community
9 reparative disposition programs.
10 Section 12. Effective date.
11 This act shall take effect July 1, 2001, or immediately,
12 whichever is later.
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