Bill Text: PA SB631 | 2009-2010 | Regular Session | Introduced

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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.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2009-03-19 - Referred to JUDICIARY [SB631 Detail]

Download: Pennsylvania-2009-SB631-Introduced.html

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PRINTER'S NO. 686
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 631 Session of2009
INTRODUCED BY KASUNIC, BOSCOLA, FARNESE, FONTANA, GREENLEAF, KITCHEN, LOGAN, STACK, STOUT AND WASHINGTON, MARCH 19, 2009
REFERRED TO JUDICIARY, MARCH 19, 2009
AN ACT
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.
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 Juvenile
Motivational Boot Camp Act.
Section 2. 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:
"Department." The Department of Public Welfare of the
Commonwealth.
"Juvenile." A first-time or second-time juvenile offender
who has not in the past demonstrated violent behavior and who
does not presently demonstrate violent behavior.
"Secretary." The Secretary of Public Welfare of the
Commonwealth.
"System." The motivational boot camp system for juveniles
established under section 3.
Section 3. System.
(a) Establishment.--The department shall develop and
implement a motivational boot camp system for juveniles
committed to the system by the court pursuant to 42 Pa.C.S. §
6352 (relating to disposition of delinquent child).
(b) Criteria.--The system shall be based on all of the
following criteria:
(1) The system shall include a highly structured routine
of discipline; a dress code; physical exercise; manual labor
assignments; substance abuse education, treatment and
rehabilitation; academic and vocational education; training
in decision making; and personal development and prerelease
counseling.
(2) The substance abuse education, treatment and
rehabilitation programs shall be licensed by the Office of
Drug and Alcohol Programs in the Department of Health.
(3) Participants must be medically and psychologically
fit to participate in the motivational boot camp.
Participants must remain medically and psychologically fit
throughout participation in the system.
(4) If a participant in the system becomes unmanageable
or is determined to be medically or psychologically unfit to
continue the system, the department shall return the
participant to the court for further disposition.
(5) The system shall use staff models and mentors to
promote within a participant the development of socially
accepted attitudes and behaviors.
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(6) The system shall provide participants the
opportunity to gradually reenter the community while
demonstrating the capacity for self-discipline and the
attainment of respect for the community.
(7) Upon the participant's completion of the system, the
department shall submit a report to the court that describes
the participant's performance. If the participant's
performance has been satisfactory, the court may issue an
order modifying the disposition imposed and place the
participant on probation.
(c) Staff.--The secretary shall have final approval on the
hiring and transferring of staff for the system. In staffing the
system, the department shall select persons who are trained in
the treatment of juveniles or will be trained in the treatment
of juveniles prior to working with such juveniles, are trained
to act as role models and mentors and are best equipped to
enable the system to meet the purposes of this act. The
secretary shall make a recommendation to the Secretary of
Administration regarding the classification of positions with
the system, taking into account the level of education and
training required for such positions.
(d) Probation supervision.--The system shall provide for
probation supervision which shall consist of highly structured
surveillance and monitoring and educational and treatment
programs. The system shall also provide for community service by
juveniles while on probation. This subsection shall be
implemented and administered jointly by the department and the
county juvenile probation office.
Section 4. Departmental duties.
(a) Rules and regulations.--The department shall promulgate
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rules and regulations for the system.
(b) Numbers.--The number of juveniles under the system shall
be determined by the department within available appropriations.
(c) Report.--Beginning with the first full calendar year,
and annually thereafter, the secretary shall submit a report to
the Governor and the General Assembly concerning the system that
includes, but is not limited to, the following:
(1) The specific content and structure of the programs
for juveniles in the system, including staffing ratios for
each program, a description of the daily routine of juveniles
that includes the amount of juveniles' time that is allocated
to each program and an explanation of how the programs are
related.
(2) The process used for transition to probation
supervision, whether juveniles may be returned to their
original environment for the probation period, the specific
means of probation supervision and the specific educational
and treatment programs provided to juveniles during their
probation period.
(3) The procedure for transferring a juvenile to another
facility for vocational or training services or when a
juvenile poses a danger to himself or others and
identification of the facilities used for such purposes.
(4) The specific criteria and procedures for determining
successful completion of the programs in the system, for
determining whether a juvenile cannot successfully complete
the sentence and for revocation of probation.
Section 5. Program site.
The department shall operate or, through a contract, arrange
for the operation of the program established under this act.
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Section 6. Performance audit.
The Legislative Budget and Finance Committee shall submit to
the General Assembly and the secretary a performance audit
within two years of the effective date of this act.
Section 7. Placement of motivational boot camp.
The Secretary of Corrections shall cooperate with the
secretary in the placement of the motivational boot camps. The
camps may be placed next to similar existing camps. Although the
camps shall be separate, agreements may be made to share some of
the facilities.
Section 8. Effective date.
This act shall take effect in 60 days.
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