PRIOR PRINTER'S NO. 664 PRINTER'S NO. 1236
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, MELLOW, JONES AND REGOLI,
FEBRUARY 28, 1989
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 13, 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
1 the probation officer of the court or the court of another
2 state as provided in section 6363 (relating to ordering
3 foreign supervision), under conditions and limitations the
4 court prescribes.
5 (3) Committing the child to an institution, youth
6 development center, camp, or other facility for delinquent
7 children operated under the direction or supervision of the
8 court or other public authority and approved by the
9 Department of Public Welfare.
10 (4) If the child is 12 years of age or older, committing
11 the child to an institution operated by the Department of
12 Public Welfare.
13 (4.1) If the child is 14 years of age or older and the
14 act which creates the need for disposition as a delinquent is
15 a violation of the act of April 14, 1972 (P.L.233, No.64),
16 known as The Controlled Substance, Drug, Device and Cosmetic
17 Act, or a drug-related crime, and the child is found to be
18 drug dependent or a drug trafficker, commitment for a minimum
19 of six months' basic training to a special drug AND ALCOHOL <--
20 treatment and rehabilitation facility operated by the
21 Department of Corrections WITH PROGRAMS LICENSED BY THE <--
22 OFFICE OF DRUG AND ALCOHOL PROGRAMS IN THE DEPARTMENT OF
23 HEALTH. Commitment under this paragraph shall only be
24 available to a child who:
25 (i) voluntarily consents to the commitment; and
26 (ii) has no mental or physical limitations which
27 would preclude participation in the highly structured
28 program of the facility.
29 AS USED IN THIS PARAGRAPH, "DRUG TRAFFICKER" SHALL MEAN A <--
30 CHILD FOUND TO BE IN VIOLATION OF SECTION 13(A)(30) OF THE
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1 ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
2 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
3 (5) Ordering payment by the child of reasonable amounts
4 of money as fines, costs or restitution as deemed appropriate
5 as part of the plan of rehabilitation considering the nature
6 of the acts committed and the earning capacity of the child.
7 (6) An order of the terms of probation may include an
8 appropriate fine considering the nature of the act committed
9 or restitution not in excess of actual damages caused by the
10 child which shall be paid from the earnings of the child
11 received through participation in a constructive program of
12 service or education acceptable to the victim and the court
13 whereby, during the course of such service, the child shall
14 be paid not less than the minimum wage of this Commonwealth.
15 In ordering such service, the court shall take into
16 consideration the age, physical and mental capacity of the
17 child and the service shall be designed to impress upon the
18 child a sense of responsibility for the injuries caused to
19 the person or property of another. The order of the court
20 shall be limited in duration consistent with the limitations
21 in section 6353 (relating to limitation on and change in
22 place of commitment) and in the act of May 13, 1915 (P.L.286,
23 No.177), known as the ["]Child Labor Law.["] The court order
24 shall specify the nature of the work, the number of hours to
25 be spent performing the assigned tasks, and shall further
26 specify that as part of a plan of treatment and
27 rehabilitation that up to 75% of the earnings of the child be
28 used for restitution in order to provide positive
29 reinforcement for the work performed.
30 In selecting from the alternatives set forth in this section,
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1 the court shall follow the general principle that the
2 disposition imposed should provide the means through which the
3 provisions of this chapter are executed and enforced consistent
4 with section 6301(b) (relating to purposes) and when confinement
5 is necessary, the court shall impose the minimum amount of
6 confinement that is consistent with the protection of the public
7 and the rehabilitation needs of the child.
8 * * *
9 Section 2. Section 9721(a) of Title 42 is amended by adding
10 a paragraph to read:
11 § 9721. Sentencing generally.
12 (a) General rule.--In determining the sentence to be imposed
13 the court shall, except where a mandatory minimum sentence is
14 otherwise provided by law, consider and select one or more of
15 the following alternatives, and may impose them consecutively or
16 concurrently:
17 * * *
18 (6) When the sentence which could be imposed is for a
19 violation of the act of April 14, 1972 (P.L.233, No.64),
20 known as The Controlled Substance, Drug, Device and Cosmetic
21 Act, or a drug-related crime by a person who is 21 years of
22 age or younger and who is found to be drug dependent or a
23 drug trafficker, commitment for a minimum of six months'
24 basic training to a special drug treatment and rehabilitation
25 facility operated by the Department of Corrections WITH <--
26 PROGRAMS LICENSED BY THE OFFICE OF DRUG AND ALCOHOL PROGRAMS
27 IN THE DEPARTMENT OF HEALTH. Commitment under this paragraph
28 shall only be available to a person who:
29 (i) voluntarily consents to the commitment; and
30 (ii) has no mental or physical limitations which
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1 would preclude participation in the highly structured
2 program of the facility.
3 AS USED IN THIS PARAGRAPH, THE TERM "DRUG TRAFFICKER" SHALL <--
4 MEAN A PERSON FOUND TO BE IN VIOLATION OF SECTION 13(A)(30)
5 OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
6 * * *
7 Section 3. This act shall take effect in 60 days.
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