PRINTER'S NO. 1586
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1418
Session of
2023
INTRODUCED BY SHUSTERMAN, KAZEEM, MADDEN, HILL-EVANS, HOWARD,
WARREN, SANCHEZ, SCOTT, SAPPEY, CEPEDA-FREYTIZ, WAXMAN,
STEELE, HOHENSTEIN, KINSEY AND SMITH-WADE-EL, JUNE 14, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2023
AN ACT
Amending the act of November 22, 1978 (P.L.1166, No.274),
entitled "An act establishing the Pennsylvania Commission on
Crime and Delinquency, providing for its powers and duties
establishing several advisory committees within the
commission and providing for their powers and duties,"
further providing for definitions and for powers and duties
of the commission; providing for racial impact statement for
juvenile matters laws; further providing for Juvenile Justice
and Delinquency Prevention Committee; and establishing the
Youth Advisory Board and the Juvenile Nonresidential
Evidence-based Practices Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of November 22, 1978
(P.L.1166, No.274), referred to as the Pennsylvania Commission
on Crime and Delinquency Law, is amended by adding a definition
to read:
Section 1. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
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"Legislation." Any of the following that substantively
amends a provision of 42 Pa.C.S. Ch. 63 (relating to juvenile
matters) or that may affect the juvenile justice system
population:
(1) A bill, joint resolution or concurrent resolution.
(2) An amendment to an item specified in paragraph (1).
* * *
Section 2. Section 3 of the act is amended by adding
paragraphs to read:
Section 3. Powers and duties of the commission.
The commission shall have the power and its duty shall be:
* * *
(17.1) To prepare a racial impact statement under
section 3.1.
* * *
(19) To provide persons under 21 years of age currently
in the juvenile justice system who are serving or have served
on the Juvenile Justice and Delinquency Prevention Committee
or the Youth Advisory Board with a letter of completion or
participation to be sent to their county juvenile probation
officer or county court to be considered in their case.
(20) To administer funds appropriated by the General
Assembly based on savings due to reduced spending on
placements for children adjudicated delinquent under 42
Pa.C.S. Ch. 63 (relating to juvenile matters), as enumerated
under section 8.2.
Section 3. The act is amended by adding a section to read:
Section 3.1. Racial impact statement for juvenile matters laws.
(a) Duties.--If legislation is introduced in the Senate or
House of Representatives that may impact the juvenile justice
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system, the commission shall complete a racial impact statement
upon request of a member of the Senate or House of
Representatives.
(b) Requirements.--The racial impact statement shall
determine the impact, if any, that the legislation may have on
the racial and ethnic composition of the juvenile justice system
population. The racial impact statement shall be impartial,
simple and understandable and shall be submitted to the General
Assembly in a timely manner.
(c) Prohibition.--Legislation for which a racial impact
statement has been requested under subsection (a) may not be
given second consideration by the house in which the legislation
was introduced until the racial impact statement is submitted by
the commission for consideration.
(d) Contents.--For racial and ethnic groups for which data
are available, the racial impact statement shall include the
following:
(1) An estimate of how the legislation would change the
racial and ethnic composition of the juvenile justice system
population, including how the legislation would impact racial
disparities in the juvenile justice system.
(2) A statement of the methodologies and assumptions
used in preparing the estimate.
Section 4. Section 6(a.1) and (f) of the act are amended by
adding paragraphs and the section is amended by adding a
subsection to read:
Section 6. Juvenile Justice and Delinquency Prevention
Committee.
* * *
(a.1) Composition.--The members of the committee shall be
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appointed by the Governor and shall include:
* * *
(3) A member of the Youth Advisory Board who is under 21
years of age at the time of the appointment.
(4) A member of the Youth Advisory Board who represents
family members of children in the juvenile justice system.
(5) A member of the Senate who is appointed by the
President pro tempore.
(6) A member of the Senate who is appointed by the
Minority Leader of the Senate.
(7) A member of the House of Representatives who is
appointed by the Speaker of the House of Representatives.
(8) A member of the House of Representatives who is
appointed by the Minority Leader of the House of
Representatives.
(9) A representative from the Office of the Governor.
(10) Other relevant stakeholders as determined by the
executive director.
* * *
(f) Powers and duties.--The Juvenile Justice and Delinquency
Prevention Committee shall have the power, and its duty shall
be:
* * *
(9) In coordination with the Juvenile Court Judges'
Commission, to issue an annual report on the implementation
of juvenile justice reforms. The report shall include:
(i) Data from every county in this Commonwealth
related to performance measures of system outcomes,
including all of the following:
(A) Statewide and county referral, diversion and
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disposition data, including the source of the
referrals, the share of written allegations diverted
from court and the type of disposition imposed.
Diversion and disposition data shall include
information on the offense, prior history of
delinquency and any risk assessment conducted,
including whether diversion and disposition decisions
adhered to or departed from risk assessment
recommendations.
(B) Statewide and county detention data,
including the number of children detained by county,
the reason for detention, the offense associated with
the detention and information on any risk assessment
conducted, including whether detention decisions
adhered to or departed from risk assessment
recommendations.
(C) Statewide and county data related to
probation supervision, including the incidence of
technical violations of supervision that are not a
new offense, including the share of children removed
from home for a technical violation and the number of
children for whom courts extend supervision due to a
technical violation.
(D) Statewide and county data on the length of
time children spend in the juvenile justice system,
including the total time spent under court
jurisdiction, in detention, on community supervision
and in each out-of-home placement.
(E) Statewide and county data on the number of
children arrested and prosecuted as adults, including
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offense and sentence information, the number of
children incarcerated in adult facilities pretrial,
and the number of children decertified after being
arrested as adults. For decertified children, data
should also include the length of time between arrest
and decertification and the length of time
incarcerated in an adult jail or prison before
decertification.
(F) Statewide and county data on youth dually
involved in both the juvenile and dependency systems,
including length of time in both systems, reason for
dependency petition, type of dependency placement
under juvenile court jurisdiction, placement type
after release from juvenile system and data on
outcomes.
(G) Data related to assessing disparities at key
stages of the juvenile justice system, including all
data in the stages described under clauses (A), (B),
(C), (D), (E) and (F), reported by age, gender, race,
ethnicity, disability and other demographics.
(H) Other performance measures related to
implementation of evidence-based practices and
programs in this Commonwealth.
(ii) Recommendations when further juvenile justice
reforms are needed based on performance measurement data.
* * *
(h) Compensation.--Each member of the committee who is under
21 years of age shall receive compensation for participation on
the committee. The amount of the compensation shall be
determined by a majority vote of the members of the committee.
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Section 5. The act is amended by adding sections to read:
Section 6.3. Youth Advisory Board.
(a) Establishment.--The Youth Advisory Board is established
within the commission.
(b) Composition.--The executive director under section 2
shall be responsible for appointing members to the Youth
Advisory Board. The majority of the board shall consist of
people who have current or former involvement in the juvenile
justice system and family members of people who have current or
former involvement in the juvenile justice system. The board
shall include:
(1) At least two members under 21 years of age at the
time of the members' appointments.
(2) At least two members representing the family members
of children currently involved in the juvenile justice
system.
(3) No more than three members representing
professionals who work with children involved in the juvenile
justice system.
(c) Powers and duties.--The Youth Advisory Board shall:
(1) Review and provide recommendations for counties' use
of alternatives to out-of-home placement for delinquent
children.
(2) Review and provide recommendations for counties' use
of alternatives to court referral.
(3) Review and provide recommendations for payments to
counties for services to delinquent children.
(4) Develop a yearly report detailing the information
under paragraphs (1), (2) and (3) to provide guidance for
county-level advisory groups and other organizations
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concerned with the quality of juvenile justice.
(5) Recommend members to be appointed by the Governor to
serve on the Juvenile Justice and Delinquency Prevention
Committee under section 6.
Section 8.2. Juvenile Nonresidential Evidence-based Practices
Fund.
(a) Establishment.--The Juvenile Nonresidential Evidence-
based Practices Fund is established in the State Treasury.
(b) Calculation and sources.--
(1) Prior to the end of fiscal year 2023-2024, the
commission shall submit to the chair and minority chair of
the Judiciary Committee of the Senate, the chair and minority
chair of the Judiciary Committee of the House of
Representatives and the State Treasurer a calculation of
State funds saved due to reductions in the population of
children sent to out-of-home placement for delinquency
adjudications between fiscal year 2021-2022 and fiscal year
2022-2023.
(2) Beginning in fiscal year 2024-2025, and each fiscal
year thereafter, the commission shall annually submit to the
chair and minority chair of the Judiciary Committee of the
Senate, the chair and minority chair of the Judiciary
Committee of the House of Representatives and the State
Treasurer a calculation of State funds saved due to
reductions in the population of children sent to out-of-home
placement for delinquency adjudications between the prior
fiscal year and fiscal year 2022-2023.
(3) Each calculation submitted under this subsection
shall be transmitted to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
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Bulletin.
(c) Funding sources.--The sources of the fund are as
follows:
(1) A transfer of the total State funds saved due to
reductions in the population of children sent to out-of- home
placement for delinquency adjudications between fiscal year
2021-2022 and fiscal year 2022-2023, which shall be made by
the State Treasurer as soon as practicable following the
effective date of this section.
(2) Beginning with fiscal year 2024-2025 and each fiscal
year thereafter, the total State funds saved due to
reductions in the population of children sent to out- of-home
placement for delinquency adjudications between the
immediately prior fiscal year and fiscal year 2022- 2023.
(3) Appropriations made by the General Assembly.
(4) Money from any other source.
(5) Interest earned on the money in the fund.
(d) Nonlapse.--The money in the fund is appropriated on a
continuing basis to the commission for the purposes specified in
this section.
(e) Use.--The fund shall be used as follows:
(1) The commission may not use any money in the fund to
cover administrative costs of the commission.
(2) The money in the fund shall be used to expand
nonresidential alternatives to detention or placement for
persons under 21 years of age who are alleged or adjudicated
delinquent, including:
(i) Increased grant-in-aid to better incentivize
county probation compliance with Juvenile Court Judges'
Commission standards and to ensure monitoring of system
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data to measure performance metrics.
(ii) Diversion services, including for services as
part of diversion, informal adjustment and consent
decrees.
(iii) Nonresidential and evidence-based alternatives
to out-of-home placement for persons under 21 years of
age who have been adjudicated delinquent.
(iv) Regionalized State contracts to ensure that
children in every county may access evidence-based
nonresidential programs to reduce recidivism.
(v) Expansion of nonresidential services to address
young people's needs that are not otherwise supported by
other funding streams.
(vi) Disbursals to a restitution fund established by
the court of common pleas under 42 Pa.C.S. ยง 6352(a)(5)
(relating to disposition of delinquent child) to assist
victims of crime in accordance with that section.
(f) Administration.--
(1) The commission shall set eligibility criteria for
counties to apply for funding from the fund.
(2) Any service that is initially funded by the
commission shall be eligible for reimbursement through the
Department of Human Services needs-based budgeting process
under section 709.1 of the act of June 13, 1967 (P.L.31,
No.21), known as the "Human Services Code."
(g) Definition.--As used in this section, the term "fund"
means the Juvenile Nonresidential Evidence-based Practices Fund.
Section 6. This act shall take effect in 60 days.
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