PRIOR PRINTER'S NO. 356 PRINTER'S NO. 1626
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, YOUNGBLOOD,
WASHINGTON, BROWNE AND THOMAS, JANUARY 31, 2001
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 23, 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 "GOVERNING BODY." THE BOARD OF COMMISSIONERS IN COUNTIES <--
5 OTHER THAN COUNTIES OF THE FIRST CLASS, THE MAYOR IN A COUNTY OF
6 THE FIRST CLASS OR AN INDIVIDUAL SERVING AS A COUNTY CHIEF
7 EXECUTIVE AS DESIGNATED BY A COUNTY HOME RULE CHARTER OR
8 OPTIONAL PLAN FORM OF GOVERNMENT.
9 "Offender." A person charged with the commission of a
10 criminal offense in this Commonwealth and graded as a
11 misdemeanor of third degree or a summary offense who has never
12 been convicted of a felony or a misdemeanor. The term does not
13 include a person charged with a violation of a protection from
14 abuse order entered pursuant to 23 Pa.C.S. (relating to domestic
15 relations).
16 "Panel." A community reparative panel which shall consist of
17 at least three members selected by the community reparative
18 disposition board.
19 "Program." A community reparative disposition program
20 implemented in accordance with this act.
21 "Reparative activity." An act to be performed by an
22 offender, the objective of which is to repair the harm caused to
23 a victim or the community by the offender or to rehabilitate the
24 offender.
25 Section 3. Community reparative disposition program.
26 (a) Establishment.--The county commissioners of each county <--
27 A GOVERNING BODY may establish a community reparative <--
28 disposition program, which program shall be administered in a
29 manner prescribed and approved by the community reparative
30 disposition board of the county and in accordance with
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1 guidelines promulgated by the commission relating to the
2 program. Once established, a community reparative disposition
3 board may be dissolved at any time, at the discretion of the
4 county commissioners GOVERNING BODY. <--
5 (b) Purposes.--The purposes of the program shall be:
6 (1) To provide a mechanism for the victims of crime and
7 the community to receive restitution from offenders.
8 (2) To educate offenders about the impact their crimes
9 have made on victims and the community.
10 (3) To provide a means, including rehabilitation, by
11 which offenders may become law-abiding, productive citizens
12 in the future.
13 (4) To provide offenders with an incentive to engage in
14 reparative activities as an alternative to prosecution for
15 the criminal offenses committed by them.
16 (c) Program guidelines.--The commission shall promulgate
17 guidelines relating to:
18 (1) The operation of community reparative disposition
19 boards.
20 (2) The composition of panels within the boards.
21 (3) The types of reparative and rehabilitative
22 activities deemed acceptable for community reparative
23 disposition programs.
24 (4) The criteria to be used by the boards in the
25 development of reparative activities for offenders.
26 Section 4. Community reparative disposition boards.
27 (a) Composition.--In order to conduct business, each
28 community reparative disposition board shall be composed of at
29 least ten members who shall be citizens of the county. Members
30 of the board shall serve for a term of two years and the board
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1 shall consist of the following:
2 (1) The president judge of the court of common pleas or
3 that person's designee.
4 (2) The chairman of the county commissioners or that
5 person's designee; or in counties of the first class, the <--
6 mayor or that person's designee; OR AN INDIVIDUAL SERVING AS <--
7 A COUNTY CHIEF EXECUTIVE AS DESIGNATED BY A COUNTY HOME RULE
8 CHARTER OR OPTIONAL PLAN FORM OF GOVERNMENT OR THAT PERSON'S
9 DESIGNEE.
10 (3) The district attorney or that person's designee.
11 (4) A victim's service representative or representative
12 of a victim's service organization, selected by the district
13 attorney.
14 (5) The single county authority for alcohol and drugs or
15 that person's designee.
16 (6) A representative selected by the chiefs of police in
17 the county.
18 (7) A representative of a faith-based community,
19 selected by the county commissioners or, in counties of the <--
20 first class, the mayor. GOVERNING BODY. <--
21 (8) A representative of the business community, selected
22 by the county commissioners or, in counties of the first <--
23 class, the mayor. GOVERNING BODY. <--
24 (9) A public defender or assistant public defender.
25 (10) The county mental health/mental retardation
26 administrator or that person's designee.
27 (b) Duties.--The board shall perform the following duties:
28 (1) Select persons for participation on panels.
29 (2) Define the categories of cases appropriate for
30 referral of offenders to the panel.
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1 (3) Establish and implement appropriate training of
2 panels.
3 (4) Oversee the activities of the panels.
4 (5) Report on activities of the board and panels to the
5 commission.
6 (c) Panels.--The panels selected by the board shall conduct
7 meetings with offenders and victims for the purpose of
8 negotiating and entering into written agreements. The panels
9 shall:
10 (1) Report to the board regarding the conditions of
11 agreements or reparative activities entered into with
12 offenders who seek participation in the program.
13 (2) Supervise offenders' compliance with the conditions
14 of the program.
15 (3) Certify, at the request of the offender, whether the
16 offender has satisfactorily completed the conditions of the
17 program.
18 Section 5. Referral of offenders.
19 (a) Procedures.--The board shall establish procedures for
20 the referral of offenders by the charging authority to a panel,
21 which procedures shall contain the following provisions:
22 (1) Referrals shall be made as early as practicable
23 after the arrest.
24 (2) A referral shall be contingent upon the offender's
25 admission that he committed the offense.
26 (b) Use of offender information or statements.--No
27 admission, information or statements provided by an offender or
28 the offender's attorney to the attorney for the Commonwealth
29 relating to consideration for participation in the program shall
30 be admissible against the offender for any purpose in any
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1 criminal proceeding, except in a prosecution based on the
2 falsity of such information or statements.
3 (c) Continuance of proceedings.--Any court proceedings
4 relating to the offense shall be continued pending completion or
5 breach of the agreement between the panel and the offender.
6 Section 6. Meeting of panels.
7 (a) General rule.--After referral of an offender to a panel,
8 the panel shall conduct a meeting between the panel, the
9 offender and the victim, if available. At the meeting, the panel
10 shall attempt to enter into a written agreement of reparative
11 activities with the offender.
12 (b) Written statement by victim.--The victim may, at his
13 option, provide a written statement to the panel in lieu of
14 appearing at the panel hearing or meeting.
15 (c) Panel report to board and court.--
16 (1) After the meeting is concluded, the panel shall
17 report to the board, the court, the charging authority and
18 the victim whether an agreement of reparative activities has
19 been reached with the offender and the provisions of the
20 agreement, if any.
21 (2) Where an agreement has not been reached, the case
22 shall proceed as if no referral had been made to the panel.
23 (d) Understanding of offender.--In the course of developing
24 the agreement, the panel shall determine whether the offender
25 understands the following:
26 (1) Acceptance into and satisfactory completion of the
27 program provides the offender an opportunity to dismiss the
28 pending charges.
29 (2) Should the offender fail to complete the program
30 satisfactorily, the offender may be prosecuted for the
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1 offense charged as provided by law.
2 (3) The offender must agree that if accepted into the
3 program, the offender waives, in writing:
4 (i) The appropriate statute of limitations for the
5 offense charged.
6 (ii) The offender's right to the speedy filing of
7 charges and to a speedy trial under any applicable
8 Federal or State constitutional provision, statute or
9 rule of court during the period of participation in the
10 program.
11 (e) Use of offender information or statements.--No
12 admission, information or statements provided by an offender to
13 the panel shall be admissible against the offender for any
14 purpose in any criminal proceeding, except in a prosecution
15 based on the falsity of such information or statements.
16 (f) No appeal.--No appeal shall be taken from any panel
17 decision.
18 Section 7. Breach of conditions by offender.
19 If the panel, in its discretion, determines that the offender
20 has not completed the conditions, the panel shall declare the
21 agreement breached. The panel shall notify in writing the
22 charging authority, the board, the court and the victim of the
23 breach.
24 Section 8. Conditions of program participation.
25 (a) General rule.--It shall be a condition of program
26 participation that the offender shall not be arrested for, nor
27 commit, any crime. The conditions of participation in the
28 program shall also consist of:
29 (1) Reparative activities mandated by the panel, after
30 input from the victim, if available, and the offender.
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1 (2) The imposition of costs and a reasonable charge
2 relating to the expense of administering the program.
3 (3) Such other conditions as may be imposed with respect
4 to probation after conviction of a criminal offense,
5 including, but not limited to, restitution.
6 (4) Such other terms and conditions as agreed to by the
7 panel and the offender.
8 (5) Referral to assessment for drug and alcohol, mental
9 health, vocational or other rehabilitative services, as
10 deemed appropriate by the panel.
11 (6) Any other conditions as required by law.
12 (b) Duration of participation.--An offender shall be
13 required to participate in the program for a period of not more
14 than one year.
15 Section 9. Dismissal of charges for completion of program.
16 When an offender satisfactorily completes the conditions of
17 the program, the panel shall notify in writing the charging
18 authority, the board, the court and the victim. The court shall
19 dismiss any charges relating to the underlying offense.
20 Section 10. Expungement.
21 (a) General rule.--Except as provided in subsection (b),
22 when a court orders the dismissal of charges under section 9,
23 the court may also order the expungement of the offender's
24 arrest record relating to the dismissed charges, upon motion of
25 the offender.
26 (b) Objection by the Commonwealth.-- The Commonwealth may
27 file any objection to an expungement under subsection (a). A
28 copy of the objections under this section shall be served on the
29 offender, the offender's attorney and the victim.
30 (c) Hearing on objections.--The court shall conduct a
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1 hearing on the objections and shall permit the offender and the
2 victim an opportunity to be heard.
3 Section 11. Duties of commission.
4 In addition to any other duties imposed under this act the
5 commission shall:
6 (1) Develop models and promulgate guidelines to assist
7 community reparative boards in the establishment of community
8 reparative disposition programs.
9 (2) Provide technical assistance and funding for the
10 establishment and operation of community reparative
11 disposition programs.
12 (3) Monitor the effect of the community reparative
13 disposition programs on recidivist rates.
14 (4) Monitor the effect of the community reparative
15 disposition programs' court expenditures.
16 (5) Establish a curriculum and training program to
17 support the establishment and operation of community
18 reparative disposition programs.
19 Section 12. Effective date.
20 This act shall take effect July 1, 2001, or immediately,
21 whichever is later.
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