| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1178, 1710 | PRINTER'S NO. 4060 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SABATINA, CALTAGIRONE, CARROLL, P. COSTA, CRUZ, FABRIZIO, HARHAI, JOSEPHS, W. KELLER, KORTZ, MURPHY, MURT, MYERS, M. O'BRIEN, PAYTON, PRESTON, READSHAW, K. SMITH, WATERS AND DAVIDSON, MARCH 17, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 24, 2012 |
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| AN ACT |
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1 | Amending the act of November 22, 1978 (P.L.1166, No.274), |
2 | entitled "An act establishing the Pennsylvania Commission on |
3 | Crime and Delinquency, providing for its powers and duties |
4 | establishing several advisory committees within the |
5 | commission and providing for their powers and duties," |
6 | further providing for definitions, for the Pennsylvania | <-- |
7 | Commission on Crime and Delinquency, for powers and duties of |
8 | the commission, for duties of the commission relative to |
9 | criminal statistics, for duties of public agencies and |
10 | officers in reporting criminal statistics, for the Juvenile |
11 | Justice and Delinquency Prevention Committee, for powers and |
12 | duties of the Juvenile Justice and Delinquency Prevention |
13 | Committee, for Targeted Community Revitalization and Crime |
14 | Prevention Advisory Committee and for powers and duties of |
15 | Targeted Community Revitalization and Crime Prevention |
16 | Advisory Committee; and providing for justice reinvestment | <-- |
17 | grants. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 2(b), (c), (c.1), (d) and (l) of the act | <-- |
21 | of November 22, 1978 (P.L.1166, No.274), referred to as the |
22 | Pennsylvania Commission on Crime and Delinquency Law, amended |
23 | December 17, 1981 (P.L.429, No.134) and June 22, 2001 (P.L.396, |
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1 | No.30), are amended and the section is amended by adding a |
2 | subsection to read: |
3 | Section 1. Section 1 of the act of November 22, 1978 | <-- |
4 | (P.L.1166, No.274), referred to as the Pennsylvania Commission |
5 | on Crime and Delinquency Law, amended April 30, 1986 (P.L.125, |
6 | No.38) and December 6, 2002 (P.L.1180, No.146), is amended to |
7 | read: |
8 | Section 1. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have, unless the context clearly indicates otherwise, the |
11 | meanings given to them in this section: |
12 | "Commission." The Pennsylvania Commission on Crime and |
13 | Delinquency. |
14 | "Fund." The Justice Reinvestment Fund established under |
15 | section 8.1(a). |
16 | "Innovative policing." The term shall include all of the |
17 | following: |
18 | (1) Activities to obtain accreditation of municipal |
19 | police departments. |
20 | (2) Online training of law enforcement officers. |
21 | (3) County and regional law enforcement data-sharing |
22 | initiatives. |
23 | (4) Strategies to combat crime and gang activity, |
24 | including intervention, enforcement, technology, analytical |
25 | capacity and community policing. |
26 | "Mid-minimum offender." An offender who at the time of |
27 | sentencing has at least one but not more than two years |
28 | remaining to be served to reach the offender's minimum sentence, |
29 | including any applicable recidivism risk reduction incentive |
30 | minimum sentence imposed. |
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1 | "Offender diversion." Evidence-based strategies to reduce |
2 | the number of short-minimum and mid-minimum offenders committed |
3 | to the Department of Corrections. |
4 | "Private citizen." An individual who is not an elected or |
5 | appointed official in a branch of government of the United |
6 | States, the Commonwealth or a political subdivision. |
7 | "Short-minimum offender." An offender who at the time of |
8 | sentencing has less than one year remaining to be served to |
9 | reach the offender's minimum sentence, including any applicable |
10 | recidivism risk reduction incentive minimum sentence imposed. |
11 | "Targeted community." A city, township or municipality |
12 | currently receiving funding from the Pennsylvania Commission on |
13 | Crime and Delinquency to provide support to law enforcement and |
14 | community partnerships to develop comprehensive, targeted crime |
15 | prevention efforts and a planning process for the revitalization |
16 | of high-crime and distressed communities; a city, township or |
17 | municipality designated by the commission to receive such |
18 | funding; or a city, township or municipality eligible to seek |
19 | such funding from the commission under criteria developed by the |
20 | Targeted Community Revitalization and Crime Prevention Advisory |
21 | Committee. |
22 | Section 1.1. Section 2(b), (c), (c.1), (d), (e), (l) and (m) |
23 | of the act, amended December 17, 1981 (P.L.429, No.134), April |
24 | 30, 1986 (P.L.125, No.38) and June 22, 2001 (P.L.396, No.30), |
25 | are amended to read: |
26 | Section 2. Pennsylvania Commission on Crime and Delinquency. |
27 | * * * |
28 | (b) Composition.--The commission shall consist of the |
29 | following members: |
30 | (1) The Attorney General. |
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1 | (2) [The Chief Justice of the Supreme Court of | <-- |
2 | Pennsylvania] A justice of the Supreme Court of Pennsylvania | <-- |
3 | or a judge of the Superior Court of Pennsylvania. |
4 | (3) The Court Administrator of Pennsylvania. |
5 | (4) A judge of a court of common pleas, appointed under | <-- |
6 | subsection (c). |
7 | (5) Commissioner of State Police. |
8 | (6) The majority chairmen of the House and Senate |
9 | [Majority] Appropriations Committees. |
10 | (7) The chairman of the Juvenile Justice and Delinquency |
11 | Prevention Committee. |
12 | (8) Four members of the General Assembly, of whom one |
13 | shall be designated by, and serve at the pleasure of the |
14 | President pro tempore of the Senate, one by the Minority |
15 | Leader of the Senate, one by the Speaker of the House of |
16 | Representatives and one by the Minority Leader of the House |
17 | of Representatives. |
18 | (9) Seven members appointed by the Governor, one |
19 | representative of local law enforcement agencies, one |
20 | representative of local correctional facilities, one |
21 | representative of local elected officials, one district |
22 | attorney representative, one representative of county |
23 | sheriffs, one representative of a local victims' service |
24 | agency and one representative of county commissioners. |
25 | [(10) Seven private citizens appointed by the Governor, | <-- |
26 | at least two of which serve on the Juvenile Justice and |
27 | Delinquency Prevention Committee.] | <-- |
28 | (11) Secretary of Corrections. |
29 | (12) The Victim Advocate. |
30 | (13) Secretary of Public Welfare. |
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1 | (14) Secretary of Education. |
2 | (15) Secretary of Health. |
3 | (16) Chairman of the Board of Probation and Parole. |
4 | (17) Executive Director of the Juvenile Court Judges' |
5 | Commission. |
6 | (17.1) Executive Director of the Pennsylvania Commission |
7 | on Sentencing. |
8 | (17.2) Secretary of Drug and Alcohol Programs. | <-- |
9 | (18) Such additional members appointed by the Governor |
10 | as are necessary to implement programs authorized by State |
11 | and Federal law. |
12 | (c) Judicial [appointment] appointments.-- | <-- |
13 | (1) The judge of a court of common pleas shall be |
14 | appointed by the Governor from a list of no less than three |
15 | nominees for each position submitted by the Chief Justice. |
16 | (2) If the Chief Justice cannot or does not choose to |
17 | serve, an Associate Justice of the Supreme Court of |
18 | Pennsylvania shall be appointed by the Governor from a list |
19 | of no less than three nominees submitted by the Chief |
20 | Justice. |
21 | (3) If the Court Administrator cannot or does not choose |
22 | to serve, another appropriate judicial administrative officer |
23 | of the State shall be appointed by the Governor from a list |
24 | of no less than three nominees submitted by the Chief |
25 | Justice. |
26 | (c) Judicial [appointment] appointments.--[The judge of a | <-- |
27 | court of common pleas shall be appointed by the Governor from a |
28 | list of no less than three nominees for each position submitted |
29 | by the Chief Justice. If the Chief Justice cannot or does not |
30 | choose to serve, an Associate Justice of the Supreme Court of |
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1 | Pennsylvania shall be appointed by the Governor from a list of |
2 | no less than three nominees submitted by the Chief Justice. If |
3 | the Court Administrator cannot or does not choose to serve, |
4 | another appropriate judicial administrative officer of the State |
5 | shall be appointed by the Governor from a list of no less than |
6 | three nominees submitted by the Chief Justice.] |
7 | (1) The judge of a court of common pleas shall be |
8 | appointed by the Chief Justice. |
9 | (2) The Chief Justice shall appoint a justice of the |
10 | Supreme Court of Pennsylvania or a judge of the Superior |
11 | Court of Pennsylvania. |
12 | (3) If the Court Administrator cannot serve, the Chief |
13 | Justice shall appoint another appropriate judicial |
14 | administrative officer of the State. |
15 | [(c.1) Appropriations chairmen alternates.--The chairman of |
16 | the House Majority Appropriations Committee and the chairman of |
17 | the Senate Majority Appropriations Committee may authorize, in |
18 | writing, a named member of the committee to serve in his stead |
19 | on the commission.] |
20 | (c.2) Delegates.--The Attorney General, Chief Justice, judge | <-- |
21 | of a court of common pleas and any member of the Cabinet or the |
22 | General Assembly who is a member of the commission may delegate |
23 | one of their employees to represent the member at meetings of |
24 | the commission, who may lawfully vote and otherwise act on |
25 | behalf of the member. The delegation must be in writing and |
26 | delivered to the chairman prior to the start of the meeting. |
27 | (d) Term of office.--[Except for the Attorney General, the |
28 | Chief Justice, Court Administrator of Pennsylvania courts and |
29 | Commissioner of the Pennsylvania State Police, Commissioner of |
30 | Correction, the chairmen of the House and Senate Majority |
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1 | Appropriations Committees and the four other members of the |
2 | General Assembly, members] |
3 | (1) Members appointed under subsection (b)(9), (10) and | <-- |
4 | (18) shall serve for a four-year term, and may be appointed |
5 | for no more than one additional consecutive term. The terms |
6 | of those members who serve by virtue of the public office |
7 | they hold shall be concurrent with their service in the |
8 | office from which they derive their membership. |
9 | (2) The term of the chairman of the Juvenile [Advisory] |
10 | Justice and Delinquency Prevention Committee shall be |
11 | concurrent with his service as chairman of that committee. |
12 | (e) Vacancies.--Should any member cease to be an officer or | <-- |
13 | employee of the agency he is appointed to represent [or cease to |
14 | be a private citizen], his membership on the commission shall |
15 | terminate immediately and a new member shall be appointed in the |
16 | same manner as his predecessor to fill the unexpired portion of |
17 | a term. Other vacancies occurring, except those by the |
18 | expiration of a term, shall be filled for the balance of the |
19 | unexpired term in the same manner as the original appointment. |
20 | * * * |
21 | [(l) Advisory committees.--The commission may establish such |
22 | advisory committees, in addition to those provided for in this |
23 | act, as it deems advisable but only the commission may set |
24 | policy or take other official action. Members of advisory |
25 | committees shall serve without compensation but may be |
26 | reimbursed for necessary travel and other expenses in accordance |
27 | with applicable law and regulations.] |
28 | (m) Meetings.--All meetings of the commission and of its | <-- |
29 | advisory committees, at which formal action is taken, shall |
30 | conform to [the act of July 19, 1974 (P.L.486, No.175), referred |
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1 | to as the Public Agency Open Meeting Law] 65 Pa.C.S. Ch. 7 |
2 | (relating to open meetings). |
3 | * * * |
4 | Section 2. Section 3 of the act is amended by adding a |
5 | paragraph to read: |
6 | Section 3. Powers and duties of the commission. |
7 | The commission shall have the power and its duty shall be: |
8 | * * * |
9 | (18) To establish advisory committees, in addition to |
10 | those provided for under this act, as it deems advisable, |
11 | except that only the commission may set policy or take other |
12 | official action. Members of advisory committees shall serve |
13 | without compensation but may be reimbursed for necessary |
14 | travel and other expenses in accordance with applicable law |
15 | and regulations. |
16 | Section 3. Sections 4(8), (9) and (10) and 5 of the act are |
17 | amended to read: |
18 | Section 4. Duties of the commission relative to criminal |
19 | statistics. |
20 | The commission shall have the power and its duty shall be: |
21 | * * * |
22 | (8) [The commission, at the request of any of the |
23 | following, may] To assist or advise in a statistical and |
24 | research capacity [the Bureau of Correction] as requested by |
25 | the Department of Corrections, the Pennsylvania Board of |
26 | Probation and Parole, the Pennsylvania State Police, the |
27 | Juvenile Court Judges' Commission and the [State] Court |
28 | Administrator. |
29 | (9) [It shall be the duty of the commission to] To give |
30 | adequate interpretation of such statistics and so to present |
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1 | the information that it may be of value in guiding the |
2 | policies of the commission and of those in charge of the |
3 | apprehension, prosecution and treatment of the criminals and |
4 | delinquents, or concerned with the present state of crime and |
5 | delinquency. The report shall include also statistics which |
6 | are comparable with national uniform criminal statistics |
7 | published by Federal bureaus or departments heretofore |
8 | mentioned. |
9 | (10) [The commission shall take advantage of] To seek |
10 | and utilize all available Federal funds and establish new |
11 | programs as well as undertake a continuous analysis of future |
12 | data needs. |
13 | Section 5. Duties of public agencies and officers in reporting |
14 | criminal statistics. |
15 | It shall be the duty of every [constable, chief of police, |
16 | county police force, sheriff, coroner, district attorney, chief |
17 | probation officer and of the Bureau of Correction in the |
18 | Department of Justice, the Pennsylvania Board of Probation and |
19 | Parole, the Pennsylvania State Police, the State Court |
20 | Administrator, the Juvenile Court Judges' Commission, the |
21 | Department of Public Welfare, State Fire Marshal, Pennsylvania |
22 | Liquor Control Board, the Philadelphia Municipal and Traffic |
23 | Courts, justices of the peace, county prison wardens, and every |
24 | other person or agency dealing with crimes or criminals or with |
25 | delinquency or delinquents] Commonwealth agency and every person |
26 | in charge of the apprehension, prosecution and treatment of the |
27 | criminals and delinquents, when requested by the commission: |
28 | (1) To install and maintain records and recording |
29 | systems needed for the correct reporting of statistical data |
30 | required by the commission. |
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1 | (2) To report statistical data to the commission at such |
2 | times and in such manner as the commission prescribes. |
3 | (3) To give to the staff of the commission access to |
4 | statistical data for the purpose of carrying out the duties |
5 | of the commission relative to criminal statistics. |
6 | Section 4. Section 6(a) of the act, amended June 22, 2001 |
7 | (P.L.396, No.30), is amended and the section is amended by |
8 | adding subsections to read: |
9 | Section 6. Juvenile Justice and Delinquency Prevention |
10 | Committee. |
11 | (a) Establishment [and membership].--There is hereby |
12 | established the Juvenile Justice and Delinquency Prevention |
13 | Committee within the commission. |
14 | (a.1) Composition.--The members of the committee shall be |
15 | appointed by the Governor and shall include: |
16 | (1) The Executive Director of the Juvenile Court Judges' |
17 | Commission. |
18 | (2) [representation] Representatives of units of local |
19 | government, law enforcement and juvenile justice agency |
20 | probation personnel, juvenile court judges, [the Executive |
21 | Director of the Juvenile Court Judges' Commission,] public |
22 | and private agencies and organizations concerned with |
23 | delinquency prevention or treatment and services to |
24 | delinquency prevention or treatment and services to dependent |
25 | children, community-based prevention in-treatment programs, |
26 | organizations concerned with the quality of juvenile justice |
27 | or that utilize volunteers to work with delinquent or |
28 | dependent children, businesses employing youth, youth workers |
29 | involved with alternative youth programs, persons with |
30 | special experience and competence in addressing the problem |
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1 | of school violence and vandalism and the problem of learning |
2 | disabilities and representatives of public agencies concerned |
3 | with special education. |
4 | (a.2) Term.--Members shall serve for a four-year term, and |
5 | may be appointed for no more than one additional consecutive |
6 | term. |
7 | * * * |
8 | (f) Powers and duties.--The Juvenile Justice and Delinquency |
9 | Prevention Committee shall have the power, and its duty shall |
10 | be: |
11 | (1) To serve in an advisory capacity to the commission |
12 | through the committee's participation in the development of |
13 | that part of the commission's comprehensive plan relating to |
14 | juvenile justice and delinquency prevention. |
15 | (2) To perform those functions related to the direct |
16 | approval and disbursement of financial assistance in an |
17 | advisory capacity only, but the advisory committee shall have |
18 | the opportunity to review and comment on such applications |
19 | within 30 days after receipt of the application from the |
20 | commission. |
21 | (3) To advise the commission on the definition, |
22 | development and correlation of programs and projects and the |
23 | establishment of priorities for juvenile justice and |
24 | delinquency prevention. |
25 | (4) To develop standards, methods and procedures for |
26 | evaluating and monitoring services for delinquent and |
27 | dependent children. |
28 | (5) Upon request, to provide assistance and advice to |
29 | the commission on any other matters relating to juvenile |
30 | justice and delinquency prevention. |
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1 | (6) To submit to the Governor and the General Assembly |
2 | such reports as may be required by Federal law. |
3 | (7) To advise the commission in defining and |
4 | collaborating with all State agencies on planning and |
5 | programming related to juvenile delinquency prevention and |
6 | the reduction and prevention of violence by and against |
7 | children. |
8 | (8) To advise and assist the commission in designing and |
9 | promoting comprehensive research-based initiatives to assist |
10 | communities and community-based organizations in reducing |
11 | risk to and promoting the positive development of children |
12 | and in preventing juvenile delinquency and youth violence. |
13 | (g) Staff support.--Staff support shall be made available to |
14 | the committee by the executive director in order to adequately |
15 | perform the duties provided for under this section. |
16 | Section 5. Section 7 of the act, amended June 22, 2001 |
17 | (P.L.396, No.30), is repealed: |
18 | [Section 7. Powers and duties of the Juvenile Justice and |
19 | Delinquency Prevention Committee. |
20 | The Juvenile Justice and Delinquency Prevention Committee |
21 | shall have the power, and its duty shall be: |
22 | (1) Serve in an advisory capacity to the commission |
23 | through the committee's participation in the development of |
24 | that part of the commission's comprehensive plan relating to |
25 | juvenile justice and delinquency prevention. |
26 | (2) Those functions related to the direct approval and |
27 | disbursement of financial assistance shall be in an advisory |
28 | capacity only, but the advisory committee shall have the |
29 | opportunity to review and comment on such applications within |
30 | 30 days after receipt of the application from the commission. |
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1 | (3) To advise the commission on the definition, |
2 | development and correlation of programs and projects and the |
3 | establishment of priorities for juvenile justice and |
4 | delinquency prevention. |
5 | (4) To develop standards, methods and procedures for |
6 | evaluating and monitoring services for delinquent and |
7 | dependent children. |
8 | (5) Upon request provide whatever assistance and advice |
9 | to the commission on any other matters relating to juvenile |
10 | justice and delinquency prevention. |
11 | (6) Staff support shall be made available to the |
12 | Juvenile Justice and Delinquency Prevention Committee by the |
13 | executive director in order to adequately perform the duties |
14 | provided for in this section. |
15 | (7) Submit to the Governor and the General Assembly such |
16 | reports as may be required by Federal Law. |
17 | (8) To advise the commission in defining and |
18 | collaborating with all State agencies on planning and |
19 | programming related to juvenile delinquency prevention and |
20 | the reduction and prevention of violence by and against |
21 | children. |
22 | (9) To advise and assist the commission in designing and |
23 | promoting comprehensive research-based initiatives to assist |
24 | communities and community-based organizations in reducing |
25 | risk to and promoting the positive development of children |
26 | and in preventing juvenile delinquency and youth violence.] |
27 | Section 6. Section 7.1(b)(16) of the act, added December 6, | <-- |
28 | 2002 (P.L.1180, No.146), is amended and the section is amended |
29 | by adding subsections to read: |
30 | Section 7.1. Targeted Community Revitalization and Crime |
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1 | Prevention Advisory Committee. |
2 | * * * |
3 | (b) Composition.--The committee shall consist of the |
4 | following members or their designees: |
5 | * * * |
6 | (16) [Eight members who are located in or serve a |
7 | targeted community, appointed by the Governor, one] One |
8 | district attorney representative, one representative of |
9 | county commissioners, one representative of community and |
10 | economic development agencies, one representative of crime |
11 | prevention agencies, one representative of a community-based |
12 | organization, one representative of a faith-based |
13 | organization, one nonsupervisory local law enforcement |
14 | officer representative and one nonsupervisory Pennsylvania |
15 | State Police representative, each of whom shall be appointed |
16 | by the Governor and shall reside in or serve a targeted |
17 | community. |
18 | * * * |
19 | (g) Powers and duties.--The Targeted Community |
20 | Revitalization and Crime Prevention Advisory Committee shall |
21 | have the power and its duty shall be to: |
22 | (1) Advise the commission through the committee's |
23 | participation in the development of that part of the |
24 | commission's comprehensive plan relating to targeted crime |
25 | prevention efforts and the revitalization of targeted |
26 | communities. |
27 | (2) Advise the commission on those functions related to |
28 | the direct approval and disbursement of financial assistance. |
29 | The committee shall have the opportunity to review and |
30 | comment on applications after their receipt from the |
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1 | commission. |
2 | (3) Advise the commission on the definition, development |
3 | and correlation of programs and projects and the |
4 | establishment of priorities for supporting law enforcement |
5 | and community partnerships developing comprehensive, targeted |
6 | crime prevention efforts and a planning process for the |
7 | revitalization of high-crime and distressed communities. |
8 | (4) Develop standards, methods and procedures for |
9 | evaluating and monitoring services and programs for crime |
10 | prevention efforts and the revitalization of targeted |
11 | communities. |
12 | (5) Provide assistance and advice requested by the |
13 | commission on any other matters relating to the crime |
14 | prevention efforts and the revitalization of targeted |
15 | communities. |
16 | (6) Submit to the Governor and the General Assembly |
17 | reports as may be required by Federal and State law. |
18 | (h) Staff support.--Staff support shall be made available to |
19 | the committee by the executive director of the commission in |
20 | order for the committee to adequately perform the duties |
21 | provided for under this section. |
22 | Section 7. Section 7.2 of the act, added December 6, 2002 |
23 | (P.L.1180, No.146), is repealed: |
24 | Section 6. Sections 7.1 and 7.2 of the act, added December | <-- |
25 | 6, 2002 (P.L.1180, No.146), are repealed: |
26 | [Section 7.1. Targeted Community Revitalization and Crime |
27 | Prevention Advisory Committee. |
28 | (a) Establishment.--There is hereby established the Targeted |
29 | Community Revitalization and Crime Prevention Advisory Committee |
30 | within the commission. |
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1 | (b) Composition.--The committee shall consist of the |
2 | following members or their designees: |
3 | (1) The Secretary of Public Welfare. |
4 | (2) The Secretary of Community and Economic Development. |
5 | (3) The Secretary of Health. |
6 | (4) The Secretary of Education. |
7 | (5) The Secretary of Labor and Industry. |
8 | (6) The Secretary of Conservation and Natural Resources. |
9 | (7) The Executive Director of the Pennsylvania Housing |
10 | Finance Agency. |
11 | (8) The Executive Director of the Pennsylvania |
12 | Commission on Crime and Delinquency. |
13 | (9) The Executive Director of the Governor's Advisory |
14 | Commission on Latino Affairs. |
15 | (10) The Executive Director of the Governor's Advisory |
16 | Commission on African American Affairs. |
17 | (11) The Executive Director of the Juvenile Court |
18 | Judges' Commission. |
19 | (12) The Director of the Governor's Office of Policy |
20 | Development. |
21 | (13) The Commissioner of the Pennsylvania State Police. |
22 | (14) The chairman of the Pennsylvania Board of Probation |
23 | and Parole. |
24 | (15) Four members of the General Assembly, one of whom |
25 | shall be designated by and serve at the pleasure of the |
26 | President pro tempore of the Senate, one of whom shall be |
27 | designated by and serve at the pleasure of the Minority |
28 | Leader of the Senate, one of whom shall be designated by and |
29 | serve at the pleasure of the Speaker of the House of |
30 | Representatives and one of whom shall be designated by and |
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1 | serve at the pleasure of the Minority Leader of the House of |
2 | Representatives. The members designated must have a targeted |
3 | community in their legislative districts. |
4 | (16) Eight members who are located in or serve a |
5 | targeted community, appointed by the Governor, one district |
6 | attorney representative, one representative of county |
7 | commissioners, one representative of community and economic |
8 | development agencies, one representative of crime prevention |
9 | agencies, one representative of a community-based |
10 | organization, one representative of a faith-based |
11 | organization, one nonsupervisory local law enforcement |
12 | officer representative and one nonsupervisory Pennsylvania |
13 | State Police representative. |
14 | (17) Five private citizens appointed by the Governor, |
15 | all of whom reside in a targeted community. |
16 | (18) Such additional members appointed by the Governor, |
17 | all of whom shall have experience and involvement in |
18 | community revitalization and crime prevention efforts. |
19 | (c) Number and qualifications.--The committee shall consist |
20 | of no more than 33 members, all of whom shall have had training |
21 | or experience in law enforcement, social services, community |
22 | revitalization or economic development. |
23 | (d) Conditions of appointment.--The committee and its |
24 | members are subject to the same limitations and conditions |
25 | imposed upon the commission as prescribed in section 2(d), (e), |
26 | (h), (m) and (n). |
27 | (e) Quorum.--A majority of the members shall constitute a |
28 | quorum, and a vote of the majority of the members present shall |
29 | be sufficient for all actions. |
30 | (f) Chairman.--The Governor shall appoint a chairman from |
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1 | among the members of the committee who shall serve at the |
2 | pleasure of the Governor. A vice chairman shall be designated by |
3 | the chairman and preside at meetings in the absence of the |
4 | chairman. The committee shall meet at the call of the chairman |
5 | but not less than four times a year. |
6 | [Section 7.2. Powers and duties of Targeted Community | <-- |
7 | Revitalization and Crime Prevention Advisory |
8 | Committee. |
9 | (a) Powers and duties.--The Targeted Community |
10 | Revitalization and Crime Prevention Advisory Committee shall |
11 | have the power and its duty shall be to: |
12 | (1) Serve in an advisory capacity to the commission |
13 | through the committee's participation in the development of |
14 | that part of the commission's comprehensive plan relating to |
15 | targeted crime prevention efforts and the revitalization of |
16 | targeted communities. |
17 | (2) Serve in an advisory capacity to the commission on |
18 | those functions related to the direct approval and |
19 | disbursement of financial assistance. The committee shall |
20 | have the opportunity to review and comment on applications |
21 | after their receipt from the commission. |
22 | (3) Advise the commission on the definition, development |
23 | and correlation of programs and projects and the |
24 | establishment of priorities for supporting law enforcement |
25 | and community partnerships developing comprehensive, targeted |
26 | crime prevention efforts and a planning process for the |
27 | revitalization of high-crime and distressed communities. |
28 | (4) Develop standards, methods and procedures for |
29 | evaluating and monitoring services and programs for crime |
30 | prevention efforts and the revitalization of targeted |
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1 | communities. |
2 | (5) Provide assistance and advice requested by the |
3 | commission on any other matters relating to the crime |
4 | prevention efforts and the revitalization of targeted |
5 | communities. |
6 | (6) Submit to the Governor and the General Assembly |
7 | reports as may be required by Federal and State law. |
8 | (b) Staff support.--Staff support shall be made available to |
9 | the committee by the executive director of the commission in |
10 | order for the committee to adequately perform the duties |
11 | provided for in this section.] |
12 | Section 7. The act is amended by adding a section to read: | <-- |
13 | Section 8.1. Justice reinvestment grants. |
14 | (a) Justice Reinvestment Fund.--The Justice Reinvestment |
15 | Fund is established within the State Treasury to support |
16 | programs and activities to improve the delivery of criminal |
17 | justice services within this Commonwealth. |
18 | (b) Savings assessment.--For fiscal years 2013-2014 through |
19 | 2017-2018, the Office of the Budget shall develop a formula to |
20 | calculate the amount of savings to the Department of Corrections |
21 | in the prior fiscal year. The calculation may include all of the |
22 | following: |
23 | (1) The reduction in prison population because of the |
24 | diversion to counties of mid-minimum and short-minimum |
25 | offenders. |
26 | (2) The elimination of prerelease programs and the |
27 | improved efficiencies in the parole system, directly |
28 | resulting from the act of July 5, 2012 (P.L.1050, No.122), |
29 | entitled "An act amending Titles 18 (Crimes and Offenses), 42 |
30 | (Judiciary and Judicial Procedure) and 61 (Prisons and |
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1 | Parole) of the Pennsylvania Consolidated Statutes, in |
2 | burglary and other criminal intrusion, further providing for |
3 | the offense of burglary; in other offenses, further providing |
4 | for drug trafficking sentencing and penalties; in |
5 | Pennsylvania Commission on Sentencing, further providing for |
6 | powers and duties and for publication of guidelines; in |
7 | sentencing, further providing for sentences for second and |
8 | subsequent offenses; in sentencing, providing for sentencing |
9 | for certain paroled offenders; in sentencing, further |
10 | providing for sentencing generally, for disposition under |
11 | guilty but mentally ill, for partial confinement, for total |
12 | confinement and for proceedings and location; in sentencing, |
13 | providing for court-imposed sanctions for offenders violating |
14 | probation; in county intermediate punishment, further |
15 | providing for definitions and for programs; in correctional |
16 | institutions administration, further providing for drug |
17 | distribution definitions; in inmate confinement visitation, |
18 | further providing for Gubernatorial visitors, for official |
19 | visitors and for rights of official visitors; in inmate |
20 | confinement prerelease plans, further providing for |
21 | establishment of prerelease centers, for prerelease plan for |
22 | inmates, for regulations and for compensation of inmates; in |
23 | inmate confinement motivational boot camps, further providing |
24 | for definitions and for selection of inmate participants; in |
25 | inmate confinement State intermediate punishment, further |
26 | providing for definitions and for referral to State |
27 | intermediate punishment program; in inmate confinement |
28 | recidivism risk reduction incentive, further providing for |
29 | definitions; in inmate confinement community corrections |
30 | facilities, further providing for definitions; in inmate |
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1 | confinement, providing for safe community reentry and for |
2 | community corrections centers and community corrections |
3 | facilities; in probation and parole administration, further |
4 | providing for certain offenders residing in group-based |
5 | homes, for administrative powers over parolees, for general |
6 | court criteria for parole, for parole power, for parole |
7 | violation and for parole procedure; in probation and parole |
8 | administration, providing for early parole subject to Federal |
9 | order; making a related repeal; and abrogating regulations." |
10 | (c) Deposit.-- |
11 | (1) In fiscal year 2013-2014, 75% of the amounts |
12 | determined to be savings under subsection (b) are hereby |
13 | appropriated to the fund. |
14 | (2) In fiscal year 2014-2015, the amounts determined to |
15 | be savings under subsection (b) are hereby appropriated to |
16 | the fund in an amount not to exceed $21,000,000. |
17 | (d) Distributions.--For fiscal years 2013-2014 and |
18 | 2014-2015, the money in the fund shall be transferred as |
19 | follows: |
20 | (1) The sum of $1,000,000 shall be distributed to the |
21 | commission. At least 25% of the money under this paragraph |
22 | shall be used for a Statewide automated victim information |
23 | and notification system, 25% shall be used for victim service |
24 | automated data collection and reporting projects and the |
25 | balance of the money under this paragraph shall be used for |
26 | programs for victims of juvenile offenders. |
27 | (2) The sum of $400,000 shall be distributed to the |
28 | Pennsylvania Commission on Sentencing to establish models for |
29 | risk assessment under 42 Pa.C.S. § 2154.7 (relating to |
30 | adoption of risk assessment instrument). |
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1 | (3) Following distribution under paragraphs (1) and (2), |
2 | the remaining money in the fund shall be distributed as |
3 | follows: |
4 | (i) Forty-three percent to the commission to provide |
5 | grants for innovative policing. |
6 | (ii) Twenty-one percent to the department to |
7 | implement contracts with counties for offender diversion |
8 | for mid-minimum offenders and short-minimum offenders. |
9 | (iii) Twenty-six percent to the commission for |
10 | grants, in consultation with the Pennsylvania Board of |
11 | Probation and Parole, for county probation improvement, |
12 | to include the reduction of offenders on probation who |
13 | violate the terms of their supervision. |
14 | (iv) Six percent to the board for costs related to |
15 | streamlining the State parole process. |
16 | (v) Four percent to the department to support the |
17 | coordinated implementation by the board and the |
18 | department of the program under 61 Pa.C.S. Ch. 49 |
19 | (relating to safe community reentry), including the |
20 | outreach to and use of community organizations and other |
21 | nonprofit and for-profit entities. |
22 | (e) Appropriation.--Beginning in fiscal year 2013-2014, if |
23 | county participation in the program under subsection (d)(3)(ii) |
24 | exceeds the amount authorized, the General Assembly may |
25 | appropriate additional money to the fund for offender diversion |
26 | for mid-minimum offenders and short-minimum offenders. |
27 | (f) Additional distributions.--For fiscal years 2015-2016 |
28 | through 2017-2018, 25% of the amount determined to be savings |
29 | under subsection (b) shall be deposited in the fund and |
30 | appropriated by the General Assembly for activities related to |
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1 | sentencing, victim services, contracts for offender diversion, |
2 | innovative policing, community reentry programs or probation and |
3 | county parole improvement. |
4 | (g) Restriction.--Grants awarded under this section shall be |
5 | annual grants and shall be used to supplement and not supplant |
6 | existing funding, including funding provided by county |
7 | governments and grant-in-aid under 61 Pa.C.S. § 6133(c)(relating |
8 | to probation services). |
9 | (h) Criteria.--The commission, in consultation with the |
10 | board, shall adopt criteria for the award of grants by the |
11 | commission under this subsection. |
12 | (i) Expiration.--This section shall expire July 15, 2018. |
13 | Section 8. This act shall take effect in 60 days. |
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