Bill Text: PA SB632 | 2009-2010 | Regular Session | Introduced

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Bill Title: Authorizing disposition of delinquent children to motivational boot camps.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2009-03-19 - Referred to JUDICIARY [SB632 Detail]

Download: Pennsylvania-2009-SB632-Introduced.html

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PRINTER'S NO. 687
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 632 Session of2009
INTRODUCED BY KASUNIC, BOSCOLA, FARNESE, FONTANA, KITCHEN, LOGAN, STACK, STOUT, WASHINGTON AND WAUGH, MARCH 19, 2009
REFERRED TO JUDICIARY, MARCH 19, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, authorizing disposition
of delinquent children to motivational boot camps.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6352 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6352. Disposition of delinquent child.
(a) General rule.--If the child is found to be a delinquent
child the court may make any of the following orders of
disposition determined to be consistent with the protection of
the public interest and best suited to the child's treatment,
supervision, rehabilitation and welfare, which disposition
shall, as appropriate to the individual circumstances of the
child's case, provide balanced attention to the protection of
the community, the imposition of accountability for offenses
committed and the development of competencies to enable the
child to become a responsible and productive member of the
community:
(1) Any order authorized by section 6351 (relating to
disposition of dependent child).
(2) Placing the child on probation under supervision of
the probation officer of the court or the court of another
state as provided in section 6363 (relating to ordering
foreign supervision), under conditions and limitations the
court prescribes.
(3) Committing the child to an institution, youth
development center, camp, motivational boot camp or other
facility for delinquent children operated under the direction
or supervision of the court or other public authority and
approved by the Department of Public Welfare.
(4) If the child is 12 years of age or older, committing
the child to an institution or motivational boot camp
operated by the Department of Public Welfare.
(5) Ordering payment by the child of reasonable amounts
of money as fines, costs, fees or restitution as deemed
appropriate as part of the plan of rehabilitation considering
the nature of the acts committed and the earning capacity of
the child, including a contribution to a restitution fund.
The president judge of the court of common pleas shall
establish a restitution fund for the deposit of all
contributions to the restitution fund which are received or
collected. The president judge of the court of common pleas
shall promulgate written guidelines for the administration of
the fund. Disbursements from the fund shall be made, subject
to the written guidelines and the limitations of this
chapter, at the discretion of the president judge and used to
reimburse crime victims for financial losses resulting from
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delinquent acts. For an order made under this subsection, the
court shall retain jurisdiction until there has been full
compliance with the order or until the delinquent child
attains 21 years of age. Any restitution order which remains
unpaid at the time the child attains 21 years of age shall
continue to be collectible under section 9728 (relating to
collection of restitution, reparation, fees, costs, fines and
penalties).
(6) An order of the terms of probation may include an
appropriate fine considering the nature of the act committed
or restitution not in excess of actual damages caused by the
child which shall be paid from the earnings of the child
received through participation in a constructive program of
service or education acceptable to the victim and the court
whereby, during the course of such service, the child shall
be paid not less than the minimum wage of this Commonwealth.
In ordering such service, the court shall take into
consideration the age, physical and mental capacity of the
child and the service shall be designed to impress upon the
child a sense of responsibility for the injuries caused to
the person or property of another. The order of the court
shall be limited in duration consistent with the limitations
in section 6353 (relating to limitation on and change in
place of commitment) and in the act of May 13, 1915 (P.L.286,
No.177), known as the Child Labor Law. The court order shall
specify the nature of the work, the number of hours to be
spent performing the assigned tasks, and shall further
specify that as part of a plan of treatment and
rehabilitation that up to 75% of the earnings of the child be
used for restitution in order to provide positive
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reinforcement for the work performed.
In selecting from the alternatives set forth in this section,
the court shall follow the general principle that the
disposition imposed should provide the means through which the
provisions of this chapter are executed and enforced consistent
with section 6301(b) (relating to purposes) and when confinement
is necessary, the court shall impose the minimum amount of
confinement that is consistent with the protection of the public
and the rehabilitation needs of the child.
(b) Limitation on place of commitment.--A child shall not be
committed or transferred to a penal institution or other
facility used primarily for the execution of sentences of adults
convicted of a crime.
Section 2. This act shall take effect in 60 days.
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