PRINTER'S NO. 740
No. 701 Session of 1997
INTRODUCED BY KUKOVICH, GREENLEAF, BELAN, BODACK, WAGNER,
AFFLERBACH, SCHWARTZ, O'PAKE, COSTA, STAPLETON, WILLIAMS,
MUSTO, STOUT, RHOADES AND KITCHEN, MARCH 13, 1997
REFERRED TO JUDICIARY, MARCH 13, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 purposes of the Juvenile Act and for the definition of
4 "delinquent act"; adding definitions for "extended
5 jurisdiction juvenile offender" and "extended jurisdiction
6 juvenile prison"; and providing for extended jurisdiction
7 juvenile offenders.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 6301 of Title 42 of the Pennsylvania
11 Consolidated Statutes is amended to read:
12 § 6301. Short title and purposes of chapter.
13 (a) Short title.--This chapter shall be known and may be
14 cited as the ["]Juvenile Act.["]
15 (b) Purposes.--This chapter shall be interpreted and
16 construed as to effectuate the following purposes:
17 (1) To preserve the unity of the family whenever
18 possible and to provide for the care, protection, and
19 wholesome mental and physical development of children coming
20 within the provisions of this chapter.
1 (2) Consistent with the protection of the public
2 interest, to provide for children committing delinquent acts
3 programs of supervision, care and rehabilitation which
4 provide balanced attention to the protection of the
5 community, the imposition of accountability for offenses
6 committed and the development of competencies to enable
7 children to become responsible and productive members of the
8 community.
9 (3) To achieve the foregoing purposes in a family
10 environment whenever possible, separating the child from
11 parents only when necessary for his welfare or in the
12 interests of public safety.
13 (4) To provide means through which the provisions of
14 this chapter are executed and enforced and in which the
15 parties are assured a fair hearing and their constitutional
16 and other legal rights recognized and enforced.
17 Section 2. The definition of "delinquent act" in section
18 6302 of Title 42 is amended and the section is amended by adding
19 definitions to read:
20 § 6302. Definitions.
21 The following words and phrases when used in this section
22 shall have, unless the context clearly indicates otherwise, the
23 meanings given to them in this section:
24 * * *
25 "Delinquent act."
26 (1) The term means an act designated a crime under the
27 law of this Commonwealth, or of another state if the act
28 occurred in that state, or under Federal law, or under local
29 ordinances.
30 (2) The term shall not include:
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1 (i) The crime of murder.
2 (ii) Any of the following prohibited conduct where
3 the child was 15 years of age or older at the time of the
4 alleged conduct and a deadly weapon as defined in 18
5 Pa.C.S. § 2301 (relating to definitions) was used during
6 the commission of the offense which, if committed by an
7 adult, would be classified as:
8 (A) Rape as defined in 18 Pa.C.S. § 3121
9 (relating to rape).
10 (B) Involuntary deviate sexual intercourse as
11 defined in 18 Pa.C.S. § 3123 (relating to involuntary
12 deviate sexual intercourse).
13 (C) Aggravated assault as defined in 18 Pa.C.S.
14 § 2702(a)(1) or (2) (relating to aggravated assault).
15 (D) Robbery as defined in 18 Pa.C.S. §
16 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
17 (E) Robbery of motor vehicle as defined in 18
18 Pa.C.S. § 3702 (relating to robbery of motor
19 vehicle).
20 (F) Aggravated indecent assault as defined in 18
21 Pa.C.S. § 3125 (relating to aggravated indecent
22 assault).
23 (G) Kidnapping as defined in 18 Pa.C.S. § 2901
24 (relating to kidnapping).
25 (H) Voluntary manslaughter.
26 (I) An attempt, conspiracy or solicitation to
27 commit murder or any of these crimes as provided in
28 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
29 (relating to criminal solicitation) and 903 (relating
30 to criminal conspiracy).
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1 (iii) Any of the following prohibited conduct where
2 the child was 15 years of age or older at the time of the
3 alleged conduct and has been previously adjudicated
4 delinquent of any of the following prohibited conduct
5 which, if committed by an adult, would be classified as:
6 (A) Rape as defined in 18 Pa.C.S. § 3121.
7 (B) Involuntary deviate sexual intercourse as
8 defined in 18 Pa.C.S. § 3123.
9 (C) Robbery as defined in 18 Pa.C.S. §
10 3701(a)(1)(i), (ii) or (iii).
11 (D) Robbery of motor vehicle as defined in 18
12 Pa.C.S. § 3702.
13 (E) Aggravated indecent assault as defined in 18
14 Pa.C.S. § 3125.
15 (F) Kidnapping as defined in 18 Pa.C.S. § 2901.
16 (G) Voluntary manslaughter.
17 (H) An attempt, conspiracy or solicitation to
18 commit murder or any of these crimes as provided in
19 18 Pa.C.S. §§ 901, 902 and 903.
20 (iv) Summary offenses, unless the child fails to
21 comply with a lawful sentence imposed thereunder, in
22 which event notice of such fact shall be certified to the
23 court.
24 (v) A crime committed by a child who has been found
25 guilty in a criminal proceeding for other than a summary
26 offense.
27 (vi) Any felony committed while in placement in an
28 extended jurisdiction juvenile prison or on post-release
29 supervision from such a facility.
30 * * *
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1 "Extended jurisdiction juvenile offender."
2 (1) A child who committed any of the following offenses,
3 was 15 years of age or older at the time of the offense and
4 used a deadly weapon as defined under 18 Pa.C.S. § 2301
5 (relating to definitions) in the commission of the offense
6 which if committed by an adult would be classified as:
7 (i) Rape as defined in 18 Pa.C.S. § 3121 (relating
8 to rape).
9 (ii) Involuntary deviate sexual intercourse as
10 defined in 18 Pa.C.S. § 3123 (relating to involuntary
11 deviate sexual intercourse).
12 (iii) Aggravated assault as defined in 18 Pa.C.S. §
13 2702(a)(1) or (2) (relating to aggravated assault).
14 (iv) Robbery as defined in 18 Pa.C.S. §
15 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
16 (v) Robbery of motor vehicle as defined in 18
17 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
18 (vi) Aggravated indecent assault as defined in 18
19 Pa.C.S. § 3125 (relating to aggravated indecent assault).
20 (vii) Kidnapping as defined in 18 Pa.C.S. § 2901
21 (relating to kidnapping).
22 (viii) Voluntary manslaughter.
23 (ix) An attempt, conspiracy or solicitation to
24 commit murder or any of these crimes, as provided in 18
25 Pa.C.S. §§ 901 (relating to criminal attempt), 902
26 (relating to criminal solicitation) and 903 (relating to
27 criminal conspiracy).
28 (2) A child who has been previously adjudicated
29 delinquent for conduct which would be a felony if committed
30 by an adult, was 15 years of age or older and committed any
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1 of the following offenses:
2 (i) Rape as defined in 18 Pa.C.S. § 3121.
3 (ii) Involuntary deviate sexual intercourse as
4 defined in 18 Pa.C.S. § 3123.
5 (iii) Robbery as defined in 18 Pa.C.S. §
6 3701(a)(1)(i), (ii) or (iii).
7 (iv) Robbery of motor vehicle as defined in 18
8 Pa.C.S. § 3702.
9 (v) Aggravated indecent assault as defined in 18
10 Pa.C.S. § 3125.
11 (vi) Kidnapping as defined in 18 Pa.C.S. § 2901.
12 (vii) Voluntary manslaughter.
13 (viii) An attempt, conspiracy or solicitation to
14 commit murder or any of these crimes, as provided in 18
15 Pa.C.S. §§ 901, 902 and 903.
16 A child determined by the court to be an extended jurisdiction
17 juvenile offender may remain under the jurisdiction of the
18 juvenile court until age 24 pursuant to the conditions of
19 section 6352.1 (relating to disposition of extended jurisdiction
20 juveniles).
21 "Extended jurisdiction juvenile prison." A prison
22 constructed and operated by the Department of Corrections solely
23 for the incarceration of extended jurisdiction juvenile
24 offenders.
25 * * *
26 Section 3. Sections 6306, 6308(b) and 6334 of Title 42 are
27 amended to read:
28 § 6306. Costs and expenses of care of child.
29 [The] (a) General rule.--Except as provided in subsection
30 (b), the costs and expenses of the care of the child shall be
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1 paid as provided by sections 704.1 and 704.2 of the act of June
2 13, 1967 (P.L.31, No.21), known as the ["]Public Welfare
3 Code.["]
4 (b) Costs for extended jurisdiction.--All costs associated
5 with placement of children in an extended jurisdiction juvenile
6 prison shall be borne by the Commonwealth.
7 § 6308. Law enforcement records.
8 * * *
9 (b) Public availability.--
10 (1) The contents of law enforcement records and files
11 concerning a child shall not be disclosed to the public
12 except if the child is 14 or more years of age at the time of
13 the alleged conduct and if any of the following apply:
14 (i) The child has been adjudicated delinquent by a
15 court as a result of an act or acts which include the
16 elements of rape, kidnapping, murder, robbery, arson,
17 burglary, violation of section 13(a)(30) of the act of
18 April 14, 1972 (P.L.233, No.64), known as The Controlled
19 Substance, Drug, Device and Cosmetic Act, or other act
20 involving the use of or threat of serious bodily harm.
21 (ii) A petition alleging delinquency has been filed
22 by a law enforcement agency alleging that the child has
23 committed an act or acts which include the elements of
24 rape, kidnapping, murder, robbery, arson, burglary,
25 violation of section 13(a)(30) of The Controlled
26 Substance, Drug, Device and Cosmetic Act, or other act
27 involving the use of or threat of serious bodily harm and
28 the child previously has been adjudicated delinquent by a
29 court as a result of an act or acts which included the
30 elements of one of such crimes.
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1 (iii) The child is an extended jurisdiction juvenile
2 offender.
3 (2) If the conduct of the child meets the requirements
4 for disclosure as set forth in paragraph (1), then the court
5 or law enforcement agency, as the case may be, shall disclose
6 the name, age and address of the child, the offenses charged
7 and the disposition of the case. The master or judge who
8 adjudicates a child delinquent shall specify the particular
9 offenses and counts thereof which the child is found to have
10 committed and such information shall be inserted on any law
11 enforcement records or files disclosed to the public as
12 provided for in this section.
13 * * *
14 § 6334. Petition.
15 (a) General rule.--A petition, which shall be verified and
16 may be on information and belief, may be brought by any person
17 including a law enforcement officer. It shall set forth plainly:
18 (1) The facts which bring the child within the
19 jurisdiction of the court and this chapter, with a statement
20 that it is in the best interest of the child and the public
21 that the proceeding be brought and, if delinquency is
22 alleged, that the child is in need of treatment, supervision
23 or rehabilitation.
24 (2) The name, age, and residence address, if any, of the
25 child on whose behalf the petition is brought.
26 (3) The names and residence addresses, if known to the
27 petitioner, of the parents, guardian, or custodian of the
28 child and of the spouse, if any, of the child. If none of his
29 parents, guardian, or custodian resides or can be found
30 within this Commonwealth, or if their respective places of
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1 residence address are unknown, the name of any known adult
2 relative residing within the county, or if there be none, the
3 known adult relative residing nearest to the location of the
4 court.
5 (4) If the child is in custody and, if so, the place of
6 his detention and the time he was taken into custody.
7 (b) Extended jurisdiction juvenile petition.--If a child is
8 alleged to be delinquent and is alleged to have committed any of
9 the offenses enumerated under the definition of "extended
10 jurisdiction juvenile offender" in section 6302 (relating to
11 definitions), a district attorney shall file a petition for
12 extended jurisdiction juvenile status at the same time as the
13 filing as the delinquency petition.
14 Section 4. Section 6341 of Title 42 is amended by adding a
15 subsection to read:
16 § 6341. Adjudication.
17 * * *
18 (b.2) Adjudication of extended jurisdiction juveniles.--If
19 the petition alleges that the child has committed acts pursuant
20 to the definition of "extended jurisdiction juvenile offender"
21 in section 6302 (relating to definitions), and the court finds
22 proof beyond a reasonable doubt that the child committed the
23 acts alleged, the child shall be determined to be an extended
24 jurisdiction juvenile offender.
25 * * *
26 Section 5. Section 6352 of Title 42 is amended to read:
27 § 6352. Disposition of delinquent child.
28 (a) General rule.--If the child is found to be a delinquent
29 child, the court may make any of the following orders of
30 disposition determined to be consistent with the protection of
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1 the public interest and best suited to the child's treatment,
2 supervision, rehabilitation and welfare, which disposition
3 shall, as appropriate to the individual circumstances of the
4 child's case, provide balanced attention to the protection of
5 the community, the imposition of accountability for offenses
6 committed and the development of competencies to enable the
7 child to become a responsible and productive member of the
8 community:
9 (1) Any order authorized by section 6351 (relating to
10 disposition of dependent child).
11 (2) Placing the child on probation under supervision of
12 the probation officer of the court or the court of another
13 state as provided in section 6363 (relating to ordering
14 foreign supervision), under conditions and limitations the
15 court prescribes.
16 (3) Committing the child to an institution, youth
17 development center, camp, or other facility for delinquent
18 children operated under the direction or supervision of the
19 court or other public authority and approved by the
20 Department of Public Welfare.
21 (4) If the child is 12 years of age or older, committing
22 the child to an institution operated by the Department of
23 Public Welfare.
24 (5) Ordering payment by the child of reasonable amounts
25 of money as fines, costs or restitution as deemed appropriate
26 as part of the plan of rehabilitation considering the nature
27 of the acts committed and the earning capacity of the child.
28 (6) An order of the terms of probation may include an
29 appropriate fine considering the nature of the act committed
30 or restitution not in excess of actual damages caused by the
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1 child which shall be paid from the earnings of the child
2 received through participation in a constructive program of
3 service or education acceptable to the victim and the court
4 whereby, during the course of such service, the child shall
5 be paid not less than the minimum wage of this Commonwealth.
6 In ordering such service, the court shall take into
7 consideration the age, physical and mental capacity of the
8 child and the service shall be designed to impress upon the
9 child a sense of responsibility for the injuries caused to
10 the person or property of another. The order of the court
11 shall be limited in duration consistent with the limitations
12 in section 6353 (relating to limitation on and change in
13 place of commitment) and in the act of May 13, 1915 (P.L.286,
14 No.177), known as the Child Labor Law. The court order shall
15 specify the nature of the work, the number of hours to be
16 spent performing the assigned tasks, and shall further
17 specify that as part of a plan of treatment and
18 rehabilitation that up to 75% of the earnings of the child be
19 used for restitution in order to provide positive
20 reinforcement for the work performed.
21 (7) Designating the child an extended jurisdiction
22 juvenile and committing the child to a facility as enumerated
23 in paragraphs (3) and (4).
24 (8) Committing the child to a prison for extended
25 jurisdiction juvenile offenders.
26 In selecting from the alternatives set forth in this section,
27 the court shall follow the general principle that the
28 disposition imposed should provide the means through which the
29 provisions of this chapter are executed and enforced consistent
30 with section 6301(b) (relating to purposes) and when confinement
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1 is necessary, the court shall impose the minimum amount of
2 confinement that is consistent with the protection of the public
3 and the rehabilitation needs of the child.
4 (b) Limitation on place of commitment.--A child shall not be
5 committed or transferred to a penal institution or other
6 facility used primarily for the execution of sentences of adults
7 convicted of a crime.
8 Section 6. Title 42 is amended by adding a section to read:
9 § 6352.1. Disposition of extended jurisdiction juveniles.
10 (a) General rule.--If the court determines that a child is
11 an extended jurisdiction juvenile offender under section
12 6341(b.2) (relating to adjudication), it shall:
13 (1) impose one or more juvenile dispositions under
14 section 6352(3) and (4) (relating to disposition of
15 delinquent child) and impose a commitment to the extended
16 jurisdiction juvenile prison, the execution of which shall be
17 stayed on the condition that the offender not violate the
18 provisions of the disposition order and not commit a new
19 offense; or
20 (2) impose a commitment directly to the extended
21 jurisdiction juvenile prison.
22 (b) Execution of suspended commitment to an extended
23 jurisdiction juvenile prison.--When it appears that an extended
24 jurisdiction juvenile offender has violated the conditions of
25 the stayed sentence, or is alleged to have committed a new
26 offense, the court shall without notice revoke the stay and
27 probation and direct that the offender be taken into immediate
28 custody. The court shall notify the offender in writing of the
29 reasons alleged to exist for revocation of the stayed sentence.
30 If the offender challenges the reasons, the court shall hold a
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1 hearing on the issue at which the offender is entitled to be
2 heard and represented by counsel. After the hearing, if the
3 court finds that reasons exist to revoke the stay of execution
4 of sentence, the court shall order placement in the extended
5 jurisdiction juvenile prison.
6 (c) Placement in extended jurisdiction juvenile prison.--In
7 all cases placement in the extended jurisdiction juvenile prison
8 shall be for a minimum of 18 months at which time a review shall
9 be conducted by the court to determine whether continued
10 placement is required. An extended jurisdiction juvenile
11 offender may remain committed to such facility until attaining
12 24 years of age.
13 Section 7. Sections 6353 and 6354 of Title 42 are amended to
14 read:
15 § 6353. Limitation on and change in place of commitment.
16 (a) General rule.--No child shall initially be committed to
17 an institution for a period longer than four years or a period
18 longer than he could have been sentenced by the court if he had
19 been convicted of the same offense as an adult, whichever is
20 less. The initial commitment may be extended for a similar
21 period of time, or modified, if the court finds after hearing
22 that the extension or modification will effectuate the original
23 purpose for which the order was entered. The child shall have
24 notice of the extension or modification hearing and shall be
25 given an opportunity to be heard. The committing court shall
26 review each commitment every six months and shall hold a
27 disposition review hearing at least every nine months.
28 (b) Transfer to other institution.--After placement of the
29 child, and if his progress with the institution warrants it, the
30 institution may seek to transfer the child to a less secure
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1 facility, including a group home or foster boarding home. The
2 institution shall give the committing court written notice of
3 all requests for transfer and shall give the attorney for the
4 Commonwealth written notice of a request for transfer from a
5 secure facility to another facility. If the court, or in the
6 case of a request to transfer from a secure facility, the
7 attorney for the Commonwealth, does not object to the request
8 for transfer within ten days after the receipt of such notice,
9 the transfer may be effectuated. If the court, or in the case of
10 a request to transfer from a secure facility, the attorney for
11 the Commonwealth, objects to the transfer, the court shall hold
12 a hearing within 20 days after objecting to the transfer for the
13 purpose of reviewing the commitment order. The institution shall
14 be notified of the scheduled hearing, at which hearing evidence
15 may be presented by any interested party on the issue of the
16 propriety of the transfer. If the institution seeks to transfer
17 to a more secure facility the child shall have a full hearing
18 before the committing court. At the hearing, the court may
19 reaffirm or modify its commitment order.
20 (c) Notice of available facilities and services.--
21 Immediately after the Commonwealth adopts its budget, the
22 Department of Public Welfare shall notify the courts and the
23 General Assembly, for each Department of Public Welfare region,
24 of the available:
25 (1) Secure beds for the serious juvenile offenders.
26 (2) General residential beds for the adjudicated
27 delinquent child.
28 (3) The community-based programs for the adjudicated
29 delinquent child.
30 (c.1) Notification of space availability.--Immediately after
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1 the Commonwealth adopts its budget, the Department of
2 Corrections shall notify the courts and the General Assembly of
3 the available space in the extended jurisdiction juvenile
4 prison.
5 (d) Overpopulation.--If the population at a particular
6 institution or program exceeds 110% of capacity, the
7 [department] departments shall notify the courts and the General
8 Assembly that intake to that institution or program is
9 temporarily closed and shall make available equivalent services
10 to children in equivalent facilities.
11 § 6354. Effect of adjudication.
12 (a) General rule.--An order of disposition or other
13 adjudication in a proceeding under this chapter is not a
14 conviction of crime and does not impose any civil disability
15 ordinarily resulting from a conviction or operate to disqualify
16 the child in any civil service application or appointment.
17 (b) Effect in subsequent judicial matters.--The disposition
18 of a child under this chapter may only be used against him:
19 (1) in dispositional proceedings after conviction for
20 the purposes of [a presentence investigation and report if
21 the child was adjudicated delinquent] sentencing;
22 (2) in a subsequent juvenile hearing, whether before or
23 after reaching majority;
24 (3) if relevant, where he has put his reputation or
25 character in issue in a civil matter; or
26 (4) in a criminal proceeding, if the child was
27 adjudicated delinquent for an offense, the evidence of which
28 would be admissible if committed by an adult.
29 Section 8. This act shall take effect in 60 days.
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