PRINTER'S NO. 269
No. 268 Session of 1999
INTRODUCED BY KUKOVICH, BELL, WAGNER, COSTA, STAPLETON, MUSTO,
KASUNIC, MELLOW, O'PAKE, SCHWARTZ AND STOUT, FEBRUARY 1, 1999
REFERRED TO JUDICIARY, FEBRUARY 1, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further defining
3 "delinquent act"; adding definitions for "extended
4 jurisdiction juvenile offender" and "extended jurisdiction
5 juvenile prison"; and providing for extended jurisdiction
6 juvenile offenders.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "delinquent act" in section
10 6302 of Title 42 of the Pennsylvania Consolidated Statutes is
11 amended and the section is amended by adding definitions to
12 read:
13 § 6302. Definitions.
14 The following words and phrases when used in this chapter
15 shall have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section:
17 * * *
18 "Delinquent act."
19 (1) The term means an act designated a crime under the
20 law of this Commonwealth, or of another state if the act
1 occurred in that state, or under Federal law, or under local
2 ordinances or an act which constitutes indirect criminal
3 contempt under 23 Pa.C.S. Ch. 61 (relating to protection from
4 abuse).
5 (2) The term shall not include:
6 (i) The crime of murder.
7 (ii) Any of the following prohibited conduct where
8 the child was 15 years of age or older at the time of the
9 alleged conduct and a deadly weapon as defined in 18
10 Pa.C.S. § 2301 (relating to definitions) was used during
11 the commission of the offense which, if committed by an
12 adult, would be classified as:
13 (A) Rape as defined in 18 Pa.C.S. § 3121
14 (relating to rape).
15 (B) Involuntary deviate sexual intercourse as
16 defined in 18 Pa.C.S. § 3123 (relating to involuntary
17 deviate sexual intercourse).
18 (C) Aggravated assault as defined in 18 Pa.C.S.
19 § 2702(a)(1) or (2) (relating to aggravated assault).
20 (D) Robbery as defined in 18 Pa.C.S. §
21 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
22 (E) Robbery of motor vehicle as defined in 18
23 Pa.C.S. § 3702 (relating to robbery of motor
24 vehicle).
25 (F) Aggravated indecent assault as defined in 18
26 Pa.C.S. § 3125 (relating to aggravated indecent
27 assault).
28 (G) Kidnapping as defined in 18 Pa.C.S. § 2901
29 (relating to kidnapping).
30 (H) Voluntary manslaughter.
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1 (I) An attempt, conspiracy or solicitation to
2 commit murder or any of these crimes as provided in
3 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
4 (relating to criminal solicitation) and 903 (relating
5 to criminal conspiracy).
6 (iii) Any of the following prohibited conduct where
7 the child was 15 years of age or older at the time of the
8 alleged conduct and has been previously adjudicated
9 delinquent of any of the following prohibited conduct
10 which, if committed by an adult, would be classified as:
11 (A) Rape as defined in 18 Pa.C.S. § 3121.
12 (B) Involuntary deviate sexual intercourse as
13 defined in 18 Pa.C.S. § 3123.
14 (C) Robbery as defined in 18 Pa.C.S. §
15 3701(a)(1)(i), (ii) or (iii).
16 (D) Robbery of motor vehicle as defined in 18
17 Pa.C.S. § 3702.
18 (E) Aggravated indecent assault as defined in 18
19 Pa.C.S. § 3125.
20 (F) Kidnapping as defined in 18 Pa.C.S. § 2901.
21 (G) Voluntary manslaughter.
22 (H) An attempt, conspiracy or solicitation to
23 commit murder or any of these crimes as provided in
24 18 Pa.C.S. §§ 901, 902 and 903.
25 (iv) Summary offenses, unless the child fails to
26 comply with a lawful sentence imposed thereunder, in
27 which event notice of such fact shall be certified to the
28 court.
29 (v) A crime committed by a child who has been found
30 guilty in a criminal proceeding for other than a summary
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1 offense.
2 (vi) Any felony committed while in placement in an
3 extended jurisdiction juvenile prison or on post-release
4 supervision from such a facility.
5 * * *
6 "Extended jurisdiction juvenile offender."
7 (1) A child who committed any of the following offenses,
8 who was 15 years of age or older at the time of the offense
9 and who used a deadly weapon as defined under 18 Pa.C.S. §
10 2301 (relating to definitions) in the commission of the
11 offense which if committed by an adult would be classified
12 as:
13 (i) Rape as defined in 18 Pa.C.S. § 3121 (relating
14 to rape).
15 (ii) Involuntary deviate sexual intercourse as
16 defined in 18 Pa.C.S. § 3123 (relating to involuntary
17 deviate sexual intercourse).
18 (iii) Aggravated assault as defined in 18 Pa.C.S. §
19 2702(a)(1) or (2) (relating to aggravated assault).
20 (iv) Robbery as defined in 18 Pa.C.S. §
21 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
22 (v) Robbery of motor vehicle as defined in 18
23 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
24 (vi) Aggravated indecent assault as defined in 18
25 Pa.C.S. § 3125 (relating to aggravated indecent assault).
26 (vii) Kidnapping as defined in 18 Pa.C.S. § 2901
27 (relating to kidnapping).
28 (viii) Voluntary manslaughter.
29 (ix) An attempt, conspiracy or solicitation to
30 commit murder or any of these crimes, as provided in 18
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1 Pa.C.S. §§ 901 (relating to criminal attempt), 902
2 (relating to criminal solicitation) and 903 (relating to
3 criminal conspiracy).
4 (2) A child who has been previously adjudicated
5 delinquent for conduct which would be a felony if committed
6 by an adult, who was 15 years of age or older at the time of
7 the adjudication and who committed any of the following
8 offenses:
9 (i) Rape as defined in 18 Pa.C.S. § 3121.
10 (ii) Involuntary deviate sexual intercourse as
11 defined in 18 Pa.C.S. § 3123.
12 (iii) Robbery as defined in 18 Pa.C.S. §
13 3701(a)(1)(i), (ii) or (iii).
14 (iv) Robbery of motor vehicle as defined in 18
15 Pa.C.S. § 3702.
16 (v) Aggravated indecent assault as defined in 18
17 Pa.C.S. § 3125.
18 (vi) Kidnapping as defined in 18 Pa.C.S. § 2901.
19 (vii) Voluntary manslaughter.
20 (viii) An attempt, conspiracy or solicitation to
21 commit murder or any of these crimes, as provided in 18
22 Pa.C.S. §§ 901, 902 and 903.
23 A child determined by the court to be an extended jurisdiction
24 juvenile offender may remain under the jurisdiction of the
25 juvenile court until age 24 pursuant to the conditions of
26 section 6352.2 (relating to disposition of extended jurisdiction
27 juveniles).
28 "Extended jurisdiction juvenile prison." A prison
29 constructed and operated by the Department of Corrections solely
30 for the incarceration of extended jurisdiction juvenile
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1 offenders.
2 * * *
3 Section 2. Sections 6306 and 6308(b) of Title 42 are amended
4 to read:
5 § 6306. Costs and expenses of care of child.
6 [The] (a) General rule.--Except as provided in subsection
7 (b), the costs and expenses of the care of the child shall be
8 paid as provided by sections 704.1 and 704.2 of the act of June
9 13, 1967 (P.L.31, No.21), known as the ["]Public Welfare
10 Code.["]
11 (b) Costs for extended jurisdiction.--All costs associated
12 with placement of a child in an extended jurisdiction juvenile
13 prison shall be borne by the Commonwealth.
14 § 6308. Law enforcement records.
15 * * *
16 (b) Public availability.--
17 (1) The contents of law enforcement records and files
18 concerning a child shall not be disclosed to the public
19 except if the child is 14 or more years of age at the time of
20 the alleged conduct and if any of the following apply:
21 (i) The child has been adjudicated delinquent by a
22 court as a result of an act or acts which include the
23 elements of rape, kidnapping, murder, robbery, arson,
24 burglary, violation of section 13(a)(30) of the act of
25 April 14, 1972 (P.L.233, No.64), known as The Controlled
26 Substance, Drug, Device and Cosmetic Act, or other act
27 involving the use of or threat of serious bodily harm.
28 (ii) A petition alleging delinquency has been filed
29 by a law enforcement agency alleging that the child has
30 committed an act or acts which include the elements of
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1 rape, kidnapping, murder, robbery, arson, burglary,
2 violation of section 13(a)(30) of The Controlled
3 Substance, Drug, Device and Cosmetic Act, or other act
4 involving the use of or threat of serious bodily harm and
5 the child previously has been adjudicated delinquent by a
6 court as a result of an act or acts which included the
7 elements of one of such crimes.
8 (iii) The child is an extended jurisdiction juvenile
9 offender.
10 (2) If the conduct of the child meets the requirements
11 for disclosure as set forth in paragraph (1), then the court
12 or law enforcement agency, as the case may be, shall disclose
13 the name, age and address of the child, the offenses charged
14 and the disposition of the case. The master or judge who
15 adjudicates a child delinquent shall specify the particular
16 offenses and counts thereof which the child is found to have
17 committed and such information shall be inserted on any law
18 enforcement records or files disclosed to the public as
19 provided for in this section.
20 * * *
21 Section 3. Section 6334 of Title 42, amended December 15,
22 1998 (P.L. , No.126), is amended to read:
23 § 6334. Petition.
24 (a) Contents of petition.--A petition, which shall be
25 verified and may be on information and belief, may be brought by
26 any person including a law enforcement officer. It shall set
27 forth plainly:
28 (1) The facts which bring the child within the
29 jurisdiction of the court and this chapter, with a statement
30 that it is in the best interest of the child and the public
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1 that the proceeding be brought and, if delinquency is
2 alleged, that the child is in need of treatment, supervision
3 or rehabilitation.
4 (2) The name, age, and residence address, if any, of the
5 child on whose behalf the petition is brought.
6 (3) The names and residence addresses, if known to the
7 petitioner, of the parents, guardian, or custodian of the
8 child and of the spouse, if any, of the child. If none of his
9 parents, guardian, or custodian resides or can be found
10 within this Commonwealth, or if their respective places of
11 residence address are unknown, the name of any known adult
12 relative residing within the county, or if there be none, the
13 known adult relative residing nearest to the location of the
14 court.
15 (4) If the child is in custody and, if so, the place of
16 his detention and the time he was taken into custody.
17 (b) Aggravated circumstances.--
18 (1) An allegation that aggravated circumstances exist
19 may be brought:
20 (i) in a petition for dependency with regard to a
21 child who is alleged to be a dependent child; or
22 (ii) in a petition for a permanency hearing with
23 regard to a child who has been determined to be a
24 dependent child.
25 (2) The existence of aggravated circumstances may be
26 alleged by the county agency or the child's attorney. If the
27 county agency reasonably believes that aggravated
28 circumstances exist, it shall file the appropriate petition
29 as soon as possible, but no later than 21 days from the
30 determination by the county agency that aggravated
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1 circumstances exist.
2 (3) A petition for dependency or a permanency hearing
3 that alleges aggravated circumstances shall include a
4 statement of the facts the county agency or the child's
5 attorney intends to prove to support the allegation. A
6 criminal conviction shall not be required to allege the
7 existence of aggravated physical neglect or physical abuse
8 resulting in serious bodily injury or sexual violence
9 committed by the parent.
10 (c) Extended jurisdiction juvenile petition.--If a child is
11 alleged to be delinquent and is alleged to have committed any of
12 the offenses enumerated under the definition of "extended
13 jurisdiction juvenile offender" in section 6302 (relating to
14 definitions), a district attorney shall file a petition for
15 extended jurisdiction juvenile status at the same time as the
16 filing as the delinquency petition.
17 Section 4. Section 6341 of Title 42 is amended by adding a
18 subsection to read:
19 § 6341. Adjudication.
20 * * *
21 (b.2) Adjudication of extended jurisdiction juveniles.--If
22 the petition alleges that the child has committed acts pursuant
23 to the definition of "extended jurisdiction juvenile offender"
24 in section 6302 (relating to definitions), and the court finds
25 proof beyond a reasonable doubt that the child committed the
26 acts alleged, the child shall be determined to be an extended
27 jurisdiction juvenile offender.
28 * * *
29 Section 5. Section 6352 of Title 42 is amended to read:
30 § 6352. Disposition of delinquent child.
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1 (a) General rule.--If the child is found to be a delinquent
2 child, the court may make any of the following orders of
3 disposition determined to be consistent with the protection of
4 the public interest and best suited to the child's treatment,
5 supervision, rehabilitation and welfare, which disposition
6 shall, as appropriate to the individual circumstances of the
7 child's case, provide balanced attention to the protection of
8 the community, the imposition of accountability for offenses
9 committed and the development of competencies to enable the
10 child to become a responsible and productive member of the
11 community:
12 (1) Any order authorized by section 6351 (relating to
13 disposition of dependent child).
14 (2) Placing the child on probation under supervision of
15 the probation officer of the court or the court of another
16 state as provided in section 6363 (relating to ordering
17 foreign supervision), under conditions and limitations the
18 court prescribes.
19 (3) Committing the child to an institution, youth
20 development center, camp, or other facility for delinquent
21 children operated under the direction or supervision of the
22 court or other public authority and approved by the
23 Department of Public Welfare.
24 (4) If the child is 12 years of age or older, committing
25 the child to an institution operated by the Department of
26 Public Welfare.
27 (5) Ordering payment by the child of reasonable amounts
28 of money as fines, costs or restitution as deemed appropriate
29 as part of the plan of rehabilitation considering the nature
30 of the acts committed and the earning capacity of the child.
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1 (6) An order of the terms of probation may include an
2 appropriate fine considering the nature of the act committed
3 or restitution not in excess of actual damages caused by the
4 child which shall be paid from the earnings of the child
5 received through participation in a constructive program of
6 service or education acceptable to the victim and the court
7 whereby, during the course of such service, the child shall
8 be paid not less than the minimum wage of this Commonwealth.
9 In ordering such service, the court shall take into
10 consideration the age, physical and mental capacity of the
11 child and the service shall be designed to impress upon the
12 child a sense of responsibility for the injuries caused to
13 the person or property of another. The order of the court
14 shall be limited in duration consistent with the limitations
15 in section 6353 (relating to limitation on and change in
16 place of commitment) and in the act of May 13, 1915 (P.L.286,
17 No.177), known as the Child Labor Law. The court order shall
18 specify the nature of the work, the number of hours to be
19 spent performing the assigned tasks, and shall further
20 specify that as part of a plan of treatment and
21 rehabilitation that up to 75% of the earnings of the child be
22 used for restitution in order to provide positive
23 reinforcement for the work performed.
24 (7) Designating the child an extended jurisdiction
25 juvenile and committing the child to a facility as enumerated
26 in paragraphs (3) and (4).
27 (8) Committing the child to a prison for extended
28 jurisdiction juvenile offenders.
29 In selecting from the alternatives set forth in this section,
30 the court shall follow the general principle that the
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1 disposition imposed should provide the means through which the
2 provisions of this chapter are executed and enforced consistent
3 with section 6301(b) (relating to purposes) and when confinement
4 is necessary, the court shall impose the minimum amount of
5 confinement that is consistent with the protection of the public
6 and the rehabilitation needs of the child.
7 (b) Limitation on place of commitment.--A child shall not be
8 committed or transferred to a penal institution or other
9 facility used primarily for the execution of sentences of adults
10 convicted of a crime.
11 Section 6. Title 42 is amended by adding a section to read:
12 § 6352.2. Disposition of extended jurisdiction juveniles.
13 (a) General rule.--If the court determines that a child is
14 an extended jurisdiction juvenile offender under section
15 6341(b.2) (relating to adjudication), it shall:
16 (1) impose one or more juvenile dispositions under
17 section 6352(3) and (4) (relating to disposition of
18 delinquent child) and impose a commitment to the extended
19 jurisdiction juvenile prison, the execution of which shall be
20 stayed on the condition that the offender not violate the
21 provisions of the disposition order and not commit a new
22 offense; or
23 (2) impose a commitment directly to the extended
24 jurisdiction juvenile prison.
25 (b) Execution of suspended commitment to an extended
26 jurisdiction juvenile prison.--
27 (1) If it appears that an extended jurisdiction juvenile
28 offender has violated the conditions of the stayed sentence
29 or it is alleged that the offender has committed a new
30 offense, the court shall without notice revoke the stay and
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1 probation and direct that the offender be taken into
2 immediate custody. The court shall notify the offender in
3 writing of the reasons alleged to exist for revocation of the
4 stayed sentence.
5 (2) If the offender challenges the reasons, the court
6 shall hold a hearing on the issue at which the offender is
7 entitled to be heard and represented by counsel. After the
8 hearing, if the court finds that reasons exist to revoke the
9 stay of execution of sentence, the court shall order
10 placement in the extended jurisdiction juvenile prison.
11 (c) Placement in extended jurisdiction juvenile prison.--In
12 all cases placement in the extended jurisdiction juvenile prison
13 shall be for a minimum of 18 months at which time a review shall
14 be conducted by the court to determine whether continued
15 placement is required. An extended jurisdiction juvenile
16 offender may remain committed to such facility until attaining
17 24 years of age.
18 Section 7. Sections 6353 and 6354 of Title 42 are amended to
19 read:
20 § 6353. Limitation on and change in place of commitment.
21 (a) General rule.--No child shall initially be committed to
22 an institution for a period longer than four years or a period
23 longer than he could have been sentenced by the court if he had
24 been convicted of the same offense as an adult, whichever is
25 less. The initial commitment may be extended for a similar
26 period of time, or modified, if the court finds after hearing
27 that the extension or modification will effectuate the original
28 purpose for which the order was entered. The child shall have
29 notice of the extension or modification hearing and shall be
30 given an opportunity to be heard. The committing court shall
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1 review each commitment every six months and shall hold a
2 disposition review hearing at least every nine months.
3 (b) Transfer to other institution.--After placement of the
4 child, and if his progress with the institution warrants it, the
5 institution may seek to transfer the child to a less secure
6 facility, including a group home or foster boarding home. The
7 institution shall give the committing court written notice of
8 all requests for transfer and shall give the attorney for the
9 Commonwealth written notice of a request for transfer from a
10 secure facility to another facility. If the court, or in the
11 case of a request to transfer from a secure facility, the
12 attorney for the Commonwealth, does not object to the request
13 for transfer within ten days after the receipt of such notice,
14 the transfer may be effectuated. If the court, or in the case of
15 a request to transfer from a secure facility, the attorney for
16 the Commonwealth, objects to the transfer, the court shall hold
17 a hearing within 20 days after objecting to the transfer for the
18 purpose of reviewing the commitment order. The institution shall
19 be notified of the scheduled hearing, at which hearing evidence
20 may be presented by any interested party on the issue of the
21 propriety of the transfer. If the institution seeks to transfer
22 to a more secure facility the child shall have a full hearing
23 before the committing court. At the hearing, the court may
24 reaffirm or modify its commitment order.
25 (c) Notice of available facilities and services.--
26 Immediately after the Commonwealth adopts its budget, the
27 Department of Public Welfare shall notify the courts and the
28 General Assembly, for each Department of Public Welfare region,
29 of the available:
30 (1) Secure beds for the serious juvenile offenders.
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1 (2) General residential beds for the adjudicated
2 delinquent child.
3 (3) The community-based programs for the adjudicated
4 delinquent child.
5 (c.1) Notification of space availability.--Immediately after
6 the Commonwealth adopts its budget, the Department of
7 Corrections shall notify the courts and the General Assembly of
8 the available space in the extended jurisdiction juvenile
9 prison.
10 (d) Overpopulation.--If the population at a particular
11 institution or program exceeds 110% of capacity, the
12 [department] Department of Public Welfare and the Department of
13 Corrections shall jointly notify the courts and the General
14 Assembly that intake to that institution or program is
15 temporarily closed and shall make available equivalent services
16 to children in equivalent facilities.
17 § 6354. Effect of adjudication.
18 (a) General rule.--An order of disposition or other
19 adjudication in a proceeding under this chapter is not a
20 conviction of crime and does not impose any civil disability
21 ordinarily resulting from a conviction or operate to disqualify
22 the child in any civil service application or appointment.
23 (b) Effect in subsequent judicial matters.--The disposition
24 of a child under this chapter may only be used against him:
25 (1) in dispositional proceedings after conviction for
26 the purposes of [a presentence investigation and report if
27 the child was adjudicated delinquent] sentencing;
28 (2) in a subsequent juvenile hearing, whether before or
29 after reaching majority;
30 (3) if relevant, where he has put his reputation or
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1 character in issue in a civil matter; or
2 (4) in a criminal proceeding, if the child was
3 adjudicated delinquent for an offense, the evidence of which
4 would be admissible if committed by an adult.
5 Section 8. This act shall take effect in 60 days.
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