Pennsylvania Act 2024-107 — JUDICIAL CODE (42 PA.C.S.) - LIMITATION ON AND CHANGE IN PLACE OF COMMITMENT AND MAKING EDITORIAL CHANGES

Act text

Session of 2024

No. 2024-107

SB 169

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for limitation on and change in place of commitment; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 6352(a)(6) 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:

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(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 disposition review hearing ) 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 reinforcement for the work performed.

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Section 2. Section 6353 heading and (a) of Title 42 are amended and the section is amended by adding a subsection to read:

§ 6353. Limitation on and change in place of commitment and disposition review hearing .

(a) General rule.--No child shall initially be committed to an institution for a period longer than four years or a period longer than he could have been sentenced by the court if he had been convicted of the same offense as an adult, whichever is less. The initial commitment may be extended for a similar period of time, or modified, if the court finds after hearing that the extension or modification will effectuate the original purpose for which the order was entered. The child shall have notice of the extension or modification hearing and shall be given an opportunity to be heard. [The committing court shall review each commitment every six months and shall hold a disposition review hearing at least every nine months.]

(a.1) Disposition review hearings.--

(1) The court shall hold a disposition review hearing at least every three months in accordance with the Pennsylvania Rules of Juvenile Court Procedure for the purpose of ensuring that each child committed to out-of-home placement under section 6352 (relating to disposition of delinquent child) is receiving necessary services and treatment and that the terms and conditions of the disposition ordered under section 6352 are being met.

(2) At a disposition review hearing under paragraph (1), the court shall, at a minimum, determine:

(i) whether the child is receiving the necessary services or treatment contemplated by the court's disposition;

(ii) whether the child continues to pose a threat to the community;

(iii) whether additional services or treatment are needed;

(iv) whether the child should continue in placement or be released from placement under aftercare supervision; and

(v) the date of the next disposition review hearing.

(3) At the conclusion of a disposition review hearing under paragraph (1), and prior to entering an order, the court shall state the determinations required under paragraph (2), along with the reason for each determination, on the record in open court.

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Section 3. Sections 6358(e) and 9728(c) of Title 42 are amended to read:

§ 6358. Assessment of delinquent children by the State Sexual Offenders Assessment Board.

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(e) Dispositional review hearing.--Where the board has concluded that the child is in need of involuntary treatment pursuant to the provisions of Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons), the court shall conduct a hearing at which the county solicitor or a designee, the probation officer and the child's attorney are present. The court shall consider the assessment, treatment information and any other relevant information regarding the delinquent child at the dispositional review hearing pursuant to section 6353 (relating to limitation on and change in place of commitment and disposition review hearing ), which shall be held no later than 180 days before the 21st birthday of the child. Where the submission of the report was delayed pursuant to subsection (c), the dispositional review hearing shall be held no later than 90 days before the 21st birthday of the child.

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§ 9728. Collection of restitution, reparation, fees, costs, fines and penalties.

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(c) Period of time.--Notwithstanding section 6353 (relating to limitation on and change in place of commitment and disposition review hearing ) or 18 Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to person or property), the period of time during which such judgments shall have full effect may exceed the maximum term of imprisonment to which the offender could have been sentenced for the crimes of which he was convicted or the maximum term of confinement to which the offender was committed.

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Section 4. This act shall take effect in 180 days.

APPROVED--The 16th day of October, A.D. 2024.

JOSH SHAPIRO