INTERBRANCH COMMISSION ON JUVENILE JUSTICE ACT - ENACTMENT — 2009 Pa. Act 32 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NOS. 2078, 2245PRINTER'S NO. 2294
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1648Session of2009
INTRODUCED BY EACHUS, BOBACK, BOYLE, CARROLL, D. COSTA, DALLY, GOODMAN, JOHNSON, McCALL, MELIO, MUNDY, MURPHY, PASHINSKI, PAYTON, SIPTROTH, WALKO, WANSACZ, YUDICHAK, BRIGGS AND WATERS, JUNE 10, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 25, 2009
AN ACT
Establishing a joint legislative, executive and judicial
commission on juvenile justice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Interbranch
Commission on Juvenile Justice Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Recent events involving the actions of several
11 judges individuals in Luzerne County with respect to juvenile <--
delinquency proceedings require a noncriminal investigation
and review of the operations of the juvenile justice system
in that county.
(2) These events may have violated the principles in the
Pennsylvania Constitution and State law and have eroded the
trust and confidence in Luzerne County's juvenile justice
system.
(3) Therefore, the legislative, judicial and executive
branches of State government shall undertake a joint
noncriminal investigation and review to:
(i) ascertain how the Luzerne County juvenile
justice system failed;
(ii) restore public confidence in the administration
of justice; and
(iii) prevent similar events from occurring.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Interbranch Commission on Juvenile Justice
established in section 4.
17 "Public employee." The term shall have the same meaning as <--
given to it in 65 Pa.C.S. § 1102 (relating to definitions).
"Public official." The term shall have the same meaning
given to it in 65 Pa.C.S. § 1102 (relating to definitions).
Section 4. Commission.
(a) Establishment.--The Interbranch Commission on Juvenile
Justice is established.
(b) Membership.--The commission shall consist of the
25 following members, appointed within 15 25 days of the effective <--
date of this section:
(1) Four members appointed by the Chief Justice of the
Supreme Court of Pennsylvania. One of the members must have
served on the Juvenile Court Judges' Commission.
(2) Four members knowledgeable and experienced in
juvenile law or providing services to juveniles who are not
members of the General Assembly. One member shall be
appointed by each of the following:
(i) The President pro tempore of the Senate.
(ii) The Minority Leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The Minority Leader of the House of
Representatives.
(3) Three members appointed by the Governor. One member
under this paragraph must be a member of the general public.
One member under this paragraph must be a member of the
Coalition of Pennsylvania Crime Victim Organizations who is
directly involved in providing services to victims associated
with juvenile crime in a county.
(c) Chairperson.--The Chief Justice shall select the
chairperson of the commission.
(d) Quorum and voting.--
(1) The physical presence of six members constitutes a
quorum.
(2) Action of the commission must be authorized or
21 ratified by majority vote of participating members members of <--
the commission.
(e) Participation.--A member not physically present may
participate by teleconference or video conference.
(f) Meetings.--The following shall apply:
(1) The commission shall meet at least once a month.
Additional meetings may be called by the chairperson as
necessary. The chairperson shall schedule a meeting upon
written request of four members of the commission.
(2) The first meeting shall be convened within 45 days
of the effective date of this section.
(3) The commission shall hold public hearings as
necessary to obtain the information required to conduct the
investigation and review under section 5.
(g) Expenses.--Members shall not receive compensation but
shall be reimbursed for expenses incurred in service of the
commission.
(h) Support.--
(1) The Administrative Office of Pennsylvania Courts
shall provide administrative services to the commission.
(2) Upon request, the Pennsylvania Commission on Crime
and Delinquency and the Joint State Government Commission
shall provide administrative assistance to the commission.
(3) The Juvenile Court Judges' Commission may provide
analyses, reports and recommendations to the commission.
Section 5. Functions of commission.
(a) Powers.--The commission has the following powers:
(1) To investigate and analyze the events, practices,
processes, procedures and other authority in Luzerne County
20 involving judges, attorneys, county officials public <--
officials, public employees, probation and parole officers
and providers of juvenile services.
(2) To review the procedures, practices and rules
relating to the appointment of counsel to represent juvenile
offenders and the exercise of the right to counsel in Luzerne
County.
(3) To review the exercise of authority and abuse of
power with regard to the disposition and placement of
juveniles in Luzerne County.
(4) To review procedures used in responding to judicial
and attorney conduct and to make recommendations as necessary
with respect to both disciplinary systems.
(5) To review the oversight of juvenile detention
facilities and investigate the utilization of facilities in
Luzerne County.
6 (6) To hold public hearings for the taking of testimony <--
and the requesting of documents. The commission shall have
the power to issue subpoenas under the hand and seal of its
chair commanding any person to appear before it and answer
questions touching matters properly being inquired into by
the commission, and to produce any books, papers, records,
documents and data and information produced and stored by any
electronic data processing system as the commission deems
necessary. The subpoenas may be served upon any person and
shall have the force and effect of subpoenas issued out of
the courts of this Commonwealth. Any person who willfully
neglects or refuses to testify before the commission or to
produce any books, papers, records, documents or data and
information produced and stored by any electronic data
processing system shall be subject to the penalties provided
by the laws of this Commonwealth in such case. The
chairperson of the commission shall have the power to
administer oaths and affirmations to witnesses appearing
before the commission. The commission may also cause the
deposition of witnesses either residing within or without
this Commonwealth to be taken in the manner prescribed by law
for taking depositions in civil actions.
(b) Duties.--The commission has the following duties:
(1) To accept and review written comments from
individuals and organizations.
(2) To make, by May 31, 2010, recommendations to the
Governor, the Supreme Court, the Senate and the House of
Representatives based on the investigation of issues under
subsection (a). This paragraph includes recommendations:
(i) To improve the juvenile justice system.
(ii) To prevent the reoccurrence of events similar
to those identified in section 2.
(iii) To change to State statutes and State and
local practices, rules, policies and procedures.
(3) To make reports as follows:
(i) The commission may file status reports and
updates with the Governor, the Supreme Court, the Senate
and the House of Representatives as it deems appropriate.
(ii) The commission shall issue a final report by
May 31, 2010.
(iii) A report under this paragraph must be adopted
at a public meeting.
(iv) A report under this paragraph shall be a public
record under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
Section 19. Expiration.
This act shall expire June 30, 2010.
Section 20. Effective date.
This act shall take effect immediately.