Bill Text: PA SB950 | 2011-2012 | Regular Session | Introduced


Bill Title: Establishing a motivational boot camp system for juveniles; imposing powers and duties on the Department of Public Welfare and the Department of Health; and providing for a performance audit.

Sponsorship: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2011-04-08 - Referred to JUDICIARY [SB950 Detail]

Download: Pennsylvania-2011-SB950-Introduced.html

  

 

    

PRINTER'S NO.  1022

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

950

Session of

2011

  

  

INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, BROWNE, FARNESE, FONTANA, KITCHEN, SOLOBAY, STACK, WASHINGTON, D. WHITE AND WOZNIAK, APRIL 8, 2011

  

  

REFERRED TO JUDICIARY, APRIL 8, 2011  

  

  

  

AN ACT

  

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Establishing a motivational boot camp system for juveniles;

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imposing powers and duties on the Department of Public

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Welfare and the Department of Health; and providing for a

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performance audit.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Juvenile

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Motivational Boot Camp Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Department."  The Department of Public Welfare of the

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Commonwealth.

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"Juvenile."  A first-time or second-time juvenile offender

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who has not in the past demonstrated violent behavior and who

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does not presently demonstrate violent behavior.

 


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"Secretary."  The Secretary of Public Welfare of the

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Commonwealth.

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"System."  The motivational boot camp system for juveniles

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established under section 3.

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Section 3.  System.

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(a)  Establishment.--The department shall develop and

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implement a motivational boot camp system for juveniles

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committed to the system by the court pursuant to 42 Pa.C.S. §

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6352 (relating to disposition of delinquent child).

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(b)  Criteria.--The system shall be based on all of the

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following criteria:

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(1)  The system shall include a highly structured routine

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of discipline; a dress code; physical exercise; manual labor

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assignments; substance abuse education, treatment and

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rehabilitation; academic and vocational education; training

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in decision making; and personal development and prerelease

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counseling.

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(2)  The substance abuse education, treatment and

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rehabilitation programs shall be licensed by the Office of

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Drug and Alcohol Programs in the Department of Health.

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(3)  Participants must be medically and psychologically

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fit to participate in the motivational boot camp.

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Participants must remain medically and psychologically fit

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throughout participation in the system.

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(4)  If a participant in the system becomes unmanageable

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or is determined to be medically or psychologically unfit to

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continue the system, the department shall return the

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participant to the court for further disposition.

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(5)  The system shall use staff models and mentors to

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promote within a participant the development of socially

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accepted attitudes and behaviors.

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(6)  The system shall provide participants the

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opportunity to gradually reenter the community while

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demonstrating the capacity for self-discipline and the

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attainment of respect for the community.

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(7)  Upon the participant's completion of the system, the

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department shall submit a report to the court that describes

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the participant's performance. If the participant's

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performance has been satisfactory, the court may issue an

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order modifying the disposition imposed and place the

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participant on probation.

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(c)  Staff.--The secretary shall have final approval on the

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hiring and transferring of staff for the system. In staffing the

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system, the department shall select persons who are trained in

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the treatment of juveniles or will be trained in the treatment

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of juveniles prior to working with such juveniles, are trained

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to act as role models and mentors and are best equipped to

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enable the system to meet the purposes of this act. The

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secretary shall make a recommendation to the Secretary of

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Administration regarding the classification of positions with

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the system, taking into account the level of education and

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training required for such positions.

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(d)  Probation supervision.--The system shall provide for

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probation supervision which shall consist of highly structured

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surveillance and monitoring and educational and treatment

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programs. The system shall also provide for community service by

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juveniles while on probation. This subsection shall be

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implemented and administered jointly by the department and the

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county juvenile probation office.

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Section 4.  Departmental duties.

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(a)  Rules and regulations.--The department shall promulgate

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rules and regulations for the system.

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(b)  Numbers.--The number of juveniles under the system shall

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be determined by the department within available appropriations.

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(c)  Report.--Beginning with the first full calendar year,

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and annually thereafter, the secretary shall submit a report to

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the Governor and the General Assembly concerning the system that

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includes, but is not limited to, the following:

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(1)  The specific content and structure of the programs

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for juveniles in the system, including staffing ratios for

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each program, a description of the daily routine of juveniles

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that includes the amount of juveniles' time that is allocated

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to each program and an explanation of how the programs are

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related.

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(2)  The process used for transition to probation

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supervision, whether juveniles may be returned to their

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original environment for the probation period, the specific

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means of probation supervision and the specific educational

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and treatment programs provided to juveniles during their

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probation period.

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(3)  The procedure for transferring a juvenile to another

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facility for vocational or training services or when a

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juvenile poses a danger to himself or others and

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identification of the facilities used for such purposes.

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(4)  The specific criteria and procedures for determining

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successful completion of the programs in the system, for

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determining whether a juvenile cannot successfully complete

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the sentence and for revocation of probation.

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Section 5.  Program site.

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The department shall operate or, through a contract, arrange

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for the operation of the program established under this act.

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Section 6.  Performance audit.

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The Legislative Budget and Finance Committee shall submit to

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the General Assembly and the secretary a performance audit

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within two years of the effective date of this act.

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Section 7.  Placement of motivational boot camp.

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The Secretary of Corrections shall cooperate with the

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secretary in the placement of the motivational boot camps. The

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camps may be placed next to similar existing camps. Although the

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camps shall be separate, agreements may be made to share some of

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the facilities.

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Section 8.  Effective date.

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This act shall take effect in 60 days.

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