PRIOR PRINTER'S NOS. 356, 1626 PRINTER'S NO. 1679
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 24, 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.--A governing body may establish a
27 community reparative disposition program, which program shall be
28 administered in a manner prescribed and approved by the
29 community reparative disposition board of the county and in
30 accordance with guidelines promulgated by the commission
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1 relating to the program. Once established, a community
2 reparative disposition board may be dissolved at any time, at
3 the discretion of the governing body.
4 (b) Purposes.--The purposes of the program shall be:
5 (1) To provide a mechanism for the victims of crime and
6 the community to receive restitution from offenders.
7 (2) To educate offenders about the impact their crimes
8 have made on victims and the community.
9 (3) To provide a means, including rehabilitation, by
10 which offenders may become law-abiding, productive citizens
11 in the future.
12 (4) To provide offenders with an incentive to engage in
13 reparative activities as an alternative to prosecution for
14 the criminal offenses committed by them.
15 (c) Program guidelines.--The commission shall promulgate
16 guidelines relating to:
17 (1) The operation of community reparative disposition
18 boards.
19 (2) The composition of panels within the boards.
20 (3) The types of reparative and rehabilitative
21 activities deemed acceptable for community reparative
22 disposition programs.
23 (4) The criteria to be used by the boards in the
24 development of reparative activities for offenders.
25 Section 4. Community reparative disposition boards.
26 (a) Composition.--In order to conduct business, each
27 community reparative disposition board shall be composed of at
28 least ten members who shall be citizens of the county. Members
29 of the board shall serve for a term of two years and the board
30 shall consist of the following:
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1 (1) The president judge of the court of common pleas or
2 that person's designee.
3 (2) The chairman of the county commissioners or that
4 person's designee; in counties of the first class, the mayor
5 or that person's designee; or an individual serving as a
6 county chief executive as designated by a county home rule
7 charter or optional plan form of government or that person's
8 designee.
9 (3) The district attorney or that person's designee.
10 (4) A victim's service representative or representative
11 of a victim's service organization, selected by the district
12 attorney.
13 (5) The single county authority for alcohol and drugs or
14 that person's designee.
15 (6) A representative selected by the chiefs of police in
16 the county.
17 (7) A representative of a faith-based community,
18 selected by the governing body.
19 (8) A representative of the business community, selected
20 by the governing body.
21 (9) A public defender or assistant public defender.
22 (10) The county mental health/mental retardation
23 administrator or that person's designee.
24 (b) Duties.--The board shall perform the following duties:
25 (1) Select persons for participation on panels.
26 (2) Define the categories of cases appropriate for
27 referral of offenders to the panel.
28 (3) Establish and implement appropriate training of
29 panels.
30 (4) Oversee the activities of the panels.
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1 (5) Report on activities of the board and panels to the
2 commission.
3 (6) PROVIDE PROCEDURES FOR PROMPT DISPOSITION OF <--
4 OFFENDERS WHO FAIL TO SATISFACTORILY COMPLETE THE PROGRAM.
5 (c) Panels.--The panels selected by the board shall conduct
6 meetings with offenders and victims for the purpose of
7 negotiating and entering into written agreements. The panels
8 shall:
9 (1) Report to the board regarding the conditions of
10 agreements or reparative activities entered into with
11 offenders who seek participation in the program.
12 (2) Supervise offenders' compliance with the conditions
13 of the program.
14 (3) Certify, at the request of the offender, whether the
15 offender has satisfactorily completed the conditions of the
16 program.
17 Section 5. Referral of offenders.
18 (a) Procedures.--The board shall establish procedures for
19 the referral of offenders by the charging authority to a panel,
20 which procedures shall contain the following provisions:
21 (1) Referrals shall be made as early as practicable
22 after the arrest.
23 (2) A referral shall be contingent upon the offender's
24 admission that he committed the offense.
25 (b) Use of offender information or statements.--No
26 admission, information or statements provided by an offender or
27 the offender's attorney to the attorney for the Commonwealth
28 relating to consideration for participation in the program shall
29 be admissible against the offender for any purpose in any
30 criminal proceeding, except in a prosecution based on the
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1 falsity of such information or statements.
2 (c) Continuance of proceedings.--Any court proceedings
3 relating to the offense shall be continued pending completion or
4 breach of the agreement between the panel and the offender.
5 Section 6. Meeting of panels.
6 (a) General rule.--After referral of an offender to a panel,
7 the panel shall conduct a meeting between the panel, the
8 offender and the victim, if available. At the meeting, the panel
9 shall attempt to enter into a written agreement of reparative
10 activities with the offender.
11 (b) Written statement by victim.--The victim may, at his
12 option, provide a written statement to the panel in lieu of
13 appearing at the panel hearing or meeting.
14 (c) Panel report to board and court.--
15 (1) After the meeting is concluded, the panel shall
16 report to the board, the court, the charging authority and
17 the victim whether an agreement of reparative activities has
18 been reached with the offender and the provisions of the
19 agreement, if any.
20 (2) Where an agreement has not been reached, the case
21 shall proceed as if no referral had been made to the panel.
22 (d) Understanding of offender.--In the course of developing
23 the agreement, the panel shall determine whether the offender
24 understands the following:
25 (1) Acceptance into and satisfactory completion of the
26 program provides the offender an opportunity to dismiss the
27 pending charges.
28 (2) Should the offender fail to complete the program
29 satisfactorily, the offender may be prosecuted for the
30 offense charged as provided by law.
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1 (3) The offender must agree that if accepted into the
2 program, the offender waives, in writing:
3 (i) The appropriate statute of limitations for the
4 offense charged.
5 (ii) The offender's right to the speedy filing of
6 charges and to a speedy trial under any applicable
7 Federal or State constitutional provision, statute or
8 rule of court during the period of participation in the
9 program.
10 (e) Use of offender information or statements.--No
11 admission, information or statements provided by an offender to
12 the panel shall be admissible against the offender for any
13 purpose in any criminal proceeding, except in a prosecution
14 based on the falsity of such information or statements.
15 (f) No appeal.--No appeal shall be taken from any panel
16 decision.
17 Section 7. Breach of conditions by offender.
18 If the panel, in its discretion, determines that the offender
19 has not completed the conditions, the panel shall declare the
20 agreement breached. The panel shall notify in writing the
21 charging authority, the board, the court and the victim of the
22 breach. IF THE OFFENDER FAILS TO SATISFACTORILY COMPLETE THE <--
23 PROGRAM, THE CHARGING AUTHORITY AND COURT SHALL ENSURE PROMPT
24 DISPOSITION OF CHARGES PENDING AGAINST THE OFFENDER.
25 Section 8. Conditions of program participation.
26 (a) General rule.--It shall be a condition of program
27 participation that the offender shall not be arrested for, nor
28 commit, any crime. The conditions of participation in the
29 program shall also consist of:
30 (1) Reparative activities mandated by the panel, after
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1 input from the victim, if available, and the offender.
2 (2) The imposition of costs and a reasonable charge
3 relating to the expense of administering the program.
4 (3) Such other conditions as may be imposed with respect
5 to probation after conviction of a criminal offense,
6 including, but not limited to, restitution.
7 (4) Such other terms and conditions as agreed to by the
8 panel and the offender.
9 (5) Referral to assessment for drug and alcohol, mental
10 health, vocational or other rehabilitative services, as
11 deemed appropriate by the panel.
12 (6) Any other conditions as required by law.
13 (b) Duration of participation.--An offender shall be
14 required to participate in the program for a period of not more
15 than one year.
16 Section 9. Dismissal of charges for completion of program.
17 When an offender satisfactorily completes the conditions of
18 the program, the panel shall notify in writing the charging
19 authority, the board, the court and the victim. The court shall
20 dismiss any charges relating to the underlying offense.
21 Section 10. Expungement.
22 (a) General rule.--Except as provided in subsection (b),
23 when a court orders the dismissal of charges under section 9,
24 the court may also order the expungement of the offender's
25 arrest record relating to the dismissed charges, upon motion of
26 the offender.
27 (b) Objection by the Commonwealth.--The Commonwealth may
28 file any objection to an expungement under subsection (a). A
29 copy of the objections under this section shall be served on the
30 offender, the offender's attorney and the victim.
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1 (c) Hearing on objections.--The court shall conduct a
2 hearing on the objections and shall permit the offender and the
3 victim an opportunity to be heard.
4 Section 11. Duties of commission.
5 In addition to any other duties imposed under this act the
6 commission shall:
7 (1) Develop models and promulgate guidelines to assist
8 community reparative boards in the establishment of community
9 reparative disposition programs.
10 (2) Provide technical assistance and funding for the
11 establishment and operation of community reparative
12 disposition programs.
13 (3) Monitor the effect of the community reparative
14 disposition programs on recidivist rates.
15 (4) Monitor the effect of the community reparative
16 disposition programs' court expenditures.
17 (5) Establish a curriculum and training program to
18 support the establishment and operation of community
19 reparative disposition programs.
20 Section 12. Effective date.
21 This act shall take effect July 1, 2001, or immediately,
22 whichever is later.
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