PRINTER'S NO. 664
No. 622 Session of 1989
INTRODUCED BY PECORA, JUBELIRER, LEMMOND, LOEPER, FISHER, ROCKS, HELFRICK, GREENWOOD, BRIGHTBILL, HESS, WENGER, HOLL, WILT, HOPPER, TILGHMAN, BELL, MADIGAN, SHAFFER, ARMSTRONG, SALVATORE, PETERSON, RHOADES, SHUMAKER, PUNT, BAKER, CORMAN, PORTERFIELD, SCANLON, LINCOLN, LEWIS, FATTAH, STOUT, AFFLERBACH, REIBMAN AND MELLOW, FEBRUARY 28, 1989
REFERRED TO JUDICIARY, FEBRUARY 28, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for drug
3 treatment and rehabilitation for certain persons involved in
4 drug-related offenses.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6352(a) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 6352. Disposition of delinquent child.
10 (a) General rule.--If the child is found to be a delinquent
11 child, the court may make any of the following orders of
12 disposition best suited to his treatment, supervision,
13 rehabilitation, and welfare:
14 (1) Any order authorized by section 6351 (relating to
15 disposition of dependent child).
16 (2) Placing the child on probation under supervision of
17 the probation officer of the court or the court of another
1 state as provided in section 6363 (relating to ordering 2 foreign supervision), under conditions and limitations the 3 court prescribes. 4 (3) Committing the child to an institution, youth 5 development center, camp, or other facility for delinquent 6 children operated under the direction or supervision of the 7 court or other public authority and approved by the 8 Department of Public Welfare. 9 (4) If the child is 12 years of age or older, committing 10 the child to an institution operated by the Department of 11 Public Welfare. 12 (4.1) If the child is 14 years of age or older and the 13 act which creates the need for disposition as a delinquent is 14 a violation of the act of April 14, 1972 (P.L.233, No.64), 15 known as The Controlled Substance, Drug, Device and Cosmetic 16 Act, or a drug-related crime, and the child is found to be 17 drug dependent or a drug trafficker, commitment for a minimum 18 of six months' basic training to a special drug treatment and 19 rehabilitation facility operated by the Department of 20 Corrections. Commitment under this paragraph shall only be 21 available to a child who: 22 (i) voluntarily consents to the commitment; and 23 (ii) has no mental or physical limitations which 24 would preclude participation in the highly structured 25 program of the facility. 26 (5) Ordering payment by the child of reasonable amounts 27 of money as fines, costs or restitution as deemed appropriate 28 as part of the plan of rehabilitation considering the nature 29 of the acts committed and the earning capacity of the child. 30 (6) An order of the terms of probation may include an 19890S0622B0664 - 2 -
1 appropriate fine considering the nature of the act committed 2 or restitution not in excess of actual damages caused by the 3 child which shall be paid from the earnings of the child 4 received through participation in a constructive program of 5 service or education acceptable to the victim and the court 6 whereby, during the course of such service, the child shall 7 be paid not less than the minimum wage of this Commonwealth. 8 In ordering such service, the court shall take into 9 consideration the age, physical and mental capacity of the 10 child and the service shall be designed to impress upon the 11 child a sense of responsibility for the injuries caused to 12 the person or property of another. The order of the court 13 shall be limited in duration consistent with the limitations 14 in section 6353 (relating to limitation on and change in 15 place of commitment) and in the act of May 13, 1915 (P.L.286, 16 No.177), known as the ["]Child Labor Law.["] The court order 17 shall specify the nature of the work, the number of hours to 18 be spent performing the assigned tasks, and shall further 19 specify that as part of a plan of treatment and 20 rehabilitation that up to 75% of the earnings of the child be 21 used for restitution in order to provide positive 22 reinforcement for the work performed. 23 In selecting from the alternatives set forth in this section, 24 the court shall follow the general principle that the 25 disposition imposed should provide the means through which the 26 provisions of this chapter are executed and enforced consistent 27 with section 6301(b) (relating to purposes) and when confinement 28 is necessary, the court shall impose the minimum amount of 29 confinement that is consistent with the protection of the public 30 and the rehabilitation needs of the child. 19890S0622B0664 - 3 -
1 * * * 2 Section 2. Section 9721(a) of Title 42 is amended by adding 3 a paragraph to read: 4 § 9721. Sentencing generally. 5 (a) General rule.--In determining the sentence to be imposed 6 the court shall, except where a mandatory minimum sentence is 7 otherwise provided by law, consider and select one or more of 8 the following alternatives, and may impose them consecutively or 9 concurrently: 10 * * * 11 (6) When the sentence which could be imposed is for a 12 violation of the act of April 14, 1972 (P.L.233, No.64), 13 known as The Controlled Substance, Drug, Device and Cosmetic 14 Act, or a drug-related crime by a person who is 21 years of 15 age or younger and who is found to be drug dependent or a 16 drug trafficker, commitment for a minimum of six months' 17 basic training to a special drug treatment and rehabilitation 18 facility operated by the Department of Corrections. 19 Commitment under this paragraph shall only be available to a 20 person who: 21 (i) voluntarily consents to the commitment; and 22 (ii) has no mental or physical limitations which 23 would preclude participation in the highly structured 24 program of the facility. 25 * * * 26 Section 3. This act shall take effect in 60 days. B16L42VDL/19890S0622B0664 - 4 -