| |
| PRIOR PRINTER'S NO. 1141 | PRINTER'S NO. 1228 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY BAKER, PILEGGI, WASHINGTON, ERICKSON, GORDNER, ALLOWAY, MUSTO, KITCHEN, FERLO, O'PAKE, FONTANA, FARNESE, WARD, EARLL AND BROWNE, JUNE 9, 2009 |
| |
| |
| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 29, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Establishing a joint legislative, executive and judicial |
2 | commission on juvenile justice. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Interbranch |
7 | Commission on Juvenile Justice Act. |
8 | Section 2. Declaration of policy. |
9 | The General Assembly finds and declares as follows: |
10 | (1) Recent events involving the actions of several |
11 | judges in Luzerne County with respect to juvenile delinquency |
12 | proceedings require an investigation and review of the |
13 | operations of the juvenile justice system in that county. |
14 | (2) These events may have violated the principles in the |
15 | Pennsylvania Constitution and State law and have eroded the |
16 | trust and confidence in Luzerne County's juvenile justice |
17 | system. |
|
1 | (3) Therefore, the legislative, judicial and executive |
2 | branches of State government shall undertake a joint |
3 | investigation and review to: |
4 | (i) ascertain how the Luzerne County juvenile |
5 | justice system failed; |
6 | (ii) restore public confidence in the administration |
7 | of justice; and |
8 | (iii) prevent similar events from occurring. |
9 | Section 3. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Commission." The Interbranch Commission on Juvenile Justice |
14 | established in section 4. |
15 | Section 4. Commission. |
16 | (a) Establishment.--The Interbranch Commission on Juvenile |
17 | Justice is established. |
18 | (b) Membership.--The commission shall consist of the |
19 | following members, appointed within 15 25 days of the effective | <-- |
20 | date of this section: |
21 | (1) Four members appointed by the Chief Justice of the |
22 | Supreme Court of Pennsylvania. One of the members must have |
23 | served on the Juvenile Court Judges' Commission. |
24 | (2) Four members knowledgeable and experienced in |
25 | juvenile law or providing services to juveniles who are not |
26 | members of the General Assembly. One member shall be |
27 | appointed by each of the following: |
28 | (i) The President pro tempore of the Senate. |
29 | (ii) The Minority Leader of the Senate. |
30 | (iii) The Speaker of the House of Representatives. |
|
1 | (iv) The Minority Leader of the House of |
2 | Representatives. |
3 | (3) Three members appointed by the Governor. One member |
4 | under this paragraph must be a member of the general public. |
5 | One member under this paragraph must be a member of the |
6 | Coalition of Pennsylvania Crime Victim Organizations who is |
7 | directly involved in providing services to victims associated |
8 | with juvenile crime in a county. |
9 | (c) Chairperson.--The chief justice Chief Justice shall | <-- |
10 | select the chairperson of the commission. |
11 | (d) Quorum and voting.-- |
12 | (1) The physical presence of six members constitutes a |
13 | quorum. |
14 | (2) Action of the commission must be authorized or |
15 | ratified by majority vote of participating members. |
16 | (e) Participation.--A member not physically present may |
17 | participate by teleconference or video conference. |
18 | (f) Meetings.--The following shall apply: |
19 | (1) The commission shall meet at least once a month. |
20 | Additional meetings may be called by the chairperson as |
21 | necessary. The chairperson shall schedule a meeting upon |
22 | written request of four members of the commission. |
23 | (2) The first meeting shall be convened within 45 days |
24 | of the effective date of this section. |
25 | (3) The commission shall hold public hearings as |
26 | necessary to obtain the information required to conduct the |
27 | investigation and review under section 5. |
28 | (g) Expenses.--Members shall not receive compensation but |
29 | shall be reimbursed for expenses incurred in service of the |
30 | commission. |
|
1 | (h) Support.-- |
2 | (1) The Administrative Office of Pennsylvania Courts |
3 | shall provide administrative services to the commission. |
4 | (2) Upon request, the Pennsylvania Commission on Crime |
5 | and Delinquency and the Joint State Government Commission |
6 | shall provide administrative assistance to the commission. |
7 | (3) The Juvenile Court Judges' Commission may provide |
8 | analyses, reports and recommendations to the commission. |
9 | Section 5. Functions of commission. |
10 | (a) Powers.--The commission has the following powers: |
11 | (1) To investigate and analyze the events, practices, |
12 | processes, procedures and other authority in Luzerne County |
13 | involving judges, attorneys, county officials, probation and |
14 | parole officers and providers of juvenile services. |
15 | (2) To review the procedures, practices and rules |
16 | relating to the appointment of counsel to represent juvenile |
17 | offenders and the exercise of the right to counsel in Luzerne |
18 | County. |
19 | (3) To review the exercise of authority and abuse of |
20 | power with regard to the disposition and placement of |
21 | juveniles in Luzerne County. |
22 | (4) To review procedures used in responding to judicial |
23 | and attorney conduct and to make recommendations as necessary |
24 | with respect to both disciplinary systems. |
25 | (5) To review the oversight of juvenile detention |
26 | facilities and investigate the utilization of facilities in |
27 | Luzerne County. |
28 | (b) Duties.--The commission has the following duties: |
29 | (1) To accept and review written comments from |
30 | individuals and organizations. |
|
1 | (2) To make, by May 31, 2010, recommendations to the |
2 | Governor, the Supreme Court, the Senate and the House of |
3 | Representatives based on the investigation of issues under |
4 | subsection (a). This paragraph includes recommendations: |
5 | (i) To improve the juvenile justice system. |
6 | (ii) To prevent the reoccurrence of events similar |
7 | to those identified in section 2. |
8 | (iii) To change to State statutes and State and |
9 | local practices, rules, policies and procedures. |
10 | (3) To make reports as follows: |
11 | (i) The commission may file status reports and |
12 | updates with the Governor, the Supreme Court, the Senate |
13 | and the House of Representatives as it deems appropriate. |
14 | (ii) The commission shall issue a final report by |
15 | May 31, 2010. |
16 | (iii) A report under under this paragraph must be |
17 | adopted at a public meeting. |
18 | (iv) A report under this paragraph shall be a public |
19 | record under the act of February 14, 2008 (P.L.6, No.3), |
20 | known as the Right-to-Know Law. |
21 | Section 19. Expiration. |
22 | This act shall expire June 30, 2010. |
23 | Section 20. Effective date. |
24 | This act shall take effect immediately. |
|