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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, BROWNE, FARNESE, FONTANA, KITCHEN, SOLOBAY, STACK, WASHINGTON, D. WHITE AND WOZNIAK, APRIL 8, 2011 |
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| REFERRED TO JUDICIARY, APRIL 8, 2011 |
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| AN ACT |
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1 | Establishing a motivational boot camp system for juveniles; |
2 | imposing powers and duties on the Department of Public |
3 | Welfare and the Department of Health; and providing for a |
4 | performance audit. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the Juvenile |
9 | Motivational Boot Camp Act. |
10 | Section 2. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Department." The Department of Public Welfare of the |
15 | Commonwealth. |
16 | "Juvenile." A first-time or second-time juvenile offender |
17 | who has not in the past demonstrated violent behavior and who |
18 | does not presently demonstrate violent behavior. |
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1 | "Secretary." The Secretary of Public Welfare of the |
2 | Commonwealth. |
3 | "System." The motivational boot camp system for juveniles |
4 | established under section 3. |
5 | Section 3. System. |
6 | (a) Establishment.--The department shall develop and |
7 | implement a motivational boot camp system for juveniles |
8 | committed to the system by the court pursuant to 42 Pa.C.S. § |
9 | 6352 (relating to disposition of delinquent child). |
10 | (b) Criteria.--The system shall be based on all of the |
11 | following criteria: |
12 | (1) The system shall include a highly structured routine |
13 | of discipline; a dress code; physical exercise; manual labor |
14 | assignments; substance abuse education, treatment and |
15 | rehabilitation; academic and vocational education; training |
16 | in decision making; and personal development and prerelease |
17 | counseling. |
18 | (2) The substance abuse education, treatment and |
19 | rehabilitation programs shall be licensed by the Office of |
20 | Drug and Alcohol Programs in the Department of Health. |
21 | (3) Participants must be medically and psychologically |
22 | fit to participate in the motivational boot camp. |
23 | Participants must remain medically and psychologically fit |
24 | throughout participation in the system. |
25 | (4) If a participant in the system becomes unmanageable |
26 | or is determined to be medically or psychologically unfit to |
27 | continue the system, the department shall return the |
28 | participant to the court for further disposition. |
29 | (5) The system shall use staff models and mentors to |
30 | promote within a participant the development of socially |
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1 | accepted attitudes and behaviors. |
2 | (6) The system shall provide participants the |
3 | opportunity to gradually reenter the community while |
4 | demonstrating the capacity for self-discipline and the |
5 | attainment of respect for the community. |
6 | (7) Upon the participant's completion of the system, the |
7 | department shall submit a report to the court that describes |
8 | the participant's performance. If the participant's |
9 | performance has been satisfactory, the court may issue an |
10 | order modifying the disposition imposed and place the |
11 | participant on probation. |
12 | (c) Staff.--The secretary shall have final approval on the |
13 | hiring and transferring of staff for the system. In staffing the |
14 | system, the department shall select persons who are trained in |
15 | the treatment of juveniles or will be trained in the treatment |
16 | of juveniles prior to working with such juveniles, are trained |
17 | to act as role models and mentors and are best equipped to |
18 | enable the system to meet the purposes of this act. The |
19 | secretary shall make a recommendation to the Secretary of |
20 | Administration regarding the classification of positions with |
21 | the system, taking into account the level of education and |
22 | training required for such positions. |
23 | (d) Probation supervision.--The system shall provide for |
24 | probation supervision which shall consist of highly structured |
25 | surveillance and monitoring and educational and treatment |
26 | programs. The system shall also provide for community service by |
27 | juveniles while on probation. This subsection shall be |
28 | implemented and administered jointly by the department and the |
29 | county juvenile probation office. |
30 | Section 4. Departmental duties. |
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1 | (a) Rules and regulations.--The department shall promulgate |
2 | rules and regulations for the system. |
3 | (b) Numbers.--The number of juveniles under the system shall |
4 | be determined by the department within available appropriations. |
5 | (c) Report.--Beginning with the first full calendar year, |
6 | and annually thereafter, the secretary shall submit a report to |
7 | the Governor and the General Assembly concerning the system that |
8 | includes, but is not limited to, the following: |
9 | (1) The specific content and structure of the programs |
10 | for juveniles in the system, including staffing ratios for |
11 | each program, a description of the daily routine of juveniles |
12 | that includes the amount of juveniles' time that is allocated |
13 | to each program and an explanation of how the programs are |
14 | related. |
15 | (2) The process used for transition to probation |
16 | supervision, whether juveniles may be returned to their |
17 | original environment for the probation period, the specific |
18 | means of probation supervision and the specific educational |
19 | and treatment programs provided to juveniles during their |
20 | probation period. |
21 | (3) The procedure for transferring a juvenile to another |
22 | facility for vocational or training services or when a |
23 | juvenile poses a danger to himself or others and |
24 | identification of the facilities used for such purposes. |
25 | (4) The specific criteria and procedures for determining |
26 | successful completion of the programs in the system, for |
27 | determining whether a juvenile cannot successfully complete |
28 | the sentence and for revocation of probation. |
29 | Section 5. Program site. |
30 | The department shall operate or, through a contract, arrange |
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1 | for the operation of the program established under this act. |
2 | Section 6. Performance audit. |
3 | The Legislative Budget and Finance Committee shall submit to |
4 | the General Assembly and the secretary a performance audit |
5 | within two years of the effective date of this act. |
6 | Section 7. Placement of motivational boot camp. |
7 | The Secretary of Corrections shall cooperate with the |
8 | secretary in the placement of the motivational boot camps. The |
9 | camps may be placed next to similar existing camps. Although the |
10 | camps shall be separate, agreements may be made to share some of |
11 | the facilities. |
12 | Section 8. Effective date. |
13 | This act shall take effect in 60 days. |
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