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PRINTER'S NO. 1101
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1021
Session of
2025
INTRODUCED BY KAZEEM, SANCHEZ, GIRAL, HILL-EVANS, CEPEDA-
FREYTIZ, HANBIDGE, FLEMING, DALEY, CIRESI, OTTEN, GREEN AND
CURRY, MARCH 24, 2025
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 24, 2025
AN ACT
Amending Title 16 (Counties) of the Pennsylvania Consolidated
Statutes, in grounds and buildings, repealing provisions
relating to room or building for juvenile offenders awaiting
trial and providing for rooms or buildings for juveniles; and
repealing provisions relating to special provisions for
temporary county buildings and for rooms in county buildings
in counties of the second class A.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 16137 of Title 16 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 16137. Room or building for juvenile offenders awaiting
trial.
The county commissioners of the third, fourth, fifth, sixth,
seventh and eighth class shall provide, furnish and heat within
the county a separate room or rooms or a suitable building to be
used exclusively for the confinement of any and all alleged or
adjudicated delinquent children or dependent children as defined
in 42 Pa.C.S. § 6302 (relating to definitions) who may be in
custody awaiting trial or hearing in the courts of the county,
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and provide for the maintenance and care of the children while
in custody.]
Section 2. Title 16 is amended by adding a section to read:
§ 16137.1. Rooms or buildings for juveniles.
(a) Requirement.-- The county commissioners of a county shall
provide, furnish and heat within the county a separate room or
rooms or a suitable building to be used exclusively for the
confinement, detention, reception, maintenance and care of
juveniles.
(b) Board of managers.--
(1) A board of managers shall manage each room or
building under this section. The board of managers shall
consist of:
(i) Three county commissioners or the county
executive of the county in which the room or building is
located.
(ii) The county controller of the county in which
the room or building is located, if the county has
established the office of county controller.
(iii) Six private citizens, who:
(A) May not be officers or employees of the
county in which the room or building is located.
(B) Represent a cross section of citizens with
relevant expertise in juvenile development, juvenile
detention, mental health disorders and substance use
disorders.
(C) Shall be appointed as follows:
(I) Three of the private citizens shall be
appointed by the president judge of the court of
common pleas in the county in which the room or
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building is located.
(II) Three of the private citizens shall be
appointed by the chairperson of the board of
county commissioners in the county in which the
room or building is located.
(2) A public official specified under paragraph (1)(i)
or (ii) may appoint a designee to attend any meeting of the
board of managers. The designee shall have the right to vote
at the meeting.
(3) The members of a board of managers existing in the
county on the effective date of this paragraph shall remain
as members of the board until the expiration of the terms to
which the members of the board were appointed. Annually
thereafter, the members of the board and their successors
shall be appointed for a term of three years.
(4) Each vacancy occurring in the membership of a board
of managers shall be filled for the unexpired term in the
same manner as the original appointment.
(5) The members of a board of managers shall serve
without compensation.
(c) Superintendent and staff members.--
(1) A board of managers may appoint a superintendent and
additional staff members as may be necessary.
(2) The county in which the board of managers is located
shall pay the salaries of the superintendent and additional
staff members.
(3) The salary board of the county in which the board of
managers is located shall fix th e number and compensation of
the staff members of the board of managers.
(d) Department of Human Services.--The Department of Human
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Services shall adopt or promulgate rules or regulations as
necessary and appropriate regarding the composition of boards of
managers.
(e) Expenses and payments.--
(1) The county commissioners or the county executive of
a county shall make an annual appropriation to each board of
managers in the county for the payment of the expenses of
administering the room or building.
(2) The expenses incurred in the performance of duties
by a board of managers must be itemized and presented with
vouchers to the county commissioners or the county executive
for payment.
(3) Each board of managers shall make a semiannual
expense report to the county commissioners or the county
executive.
(4) All expenses in connection with the management and
administration of a room or building by a board of managers
shall be paid by the county in the manner provided by law for
the payment of county obligations.
(f) Reports.--
(1) On or before November 1 of each year, each board of
managers shall report to the county commissioners or the
county executive the amount of money required for the
maintenance of the room or building served by the board of
managers.
(2) (i) On or before November 1 of each year, each room
or building under this section shall report to its board
of managers information on facility operations required
by the Department of Human Services.
(ii) At a minimum, each report under this paragraph
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must include information on the following:
(A) The use of physical restraints and seclusion
at the room or building.
(B) Each instance of overcrowding.
(C) A description of the educational programs
and access to education at the room or building.
(g) Visits and reporting.--On or before November 1 of each
year, each board of managers shall conduct regular announced and
unannounced visits to the room or building and shall report its
findings regarding the facilities to the Department of Human
Services.
(h) Appropriation and bond issues.-- The county commissioners
or the county executive may appropriate money from public money
or issue bonds in the manner provided by law for the purpose of
purchasing lands or erecting, constructing and equipping a room
or building for the purposes specified under this section.
(i) Applicability .--This section applies to counties of the
first, second, second class A, third, fourth, fifth, sixth,
seventh and eighth classes and counties that have adopted a home
rule charter, which have been authorized by the Department of
Human Services to manage and administer rooms or buildings for
the confinement, detention, reception, maintenance and care of
juveniles .
(j) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Delinquent child." As defined in 42 Pa.C.S. § 6302
(relating to definitions).
"Dependent child." As defined in 42 Pa.C.S. § 6302.
"Juvenile." An alleged or adjudicated delinquent child or
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dependent child who is in custody and awaiting judicial
investigation or trial or hearing in a court of the county in
accordance with the laws of this Commonwealth.
Section 3. Subchapter E.1 of Chapter 161 of Title 16 is
repealed:
[SUBCHAPTER E.1
SPECIAL PROVISIONS FOR TEMPORARY COUNTY BUILDINGS
AND FOR ROOMS IN COUNTY BUILDINGS
IN COUNTIES OF THE SECOND CLASS A
Sec.
16139.1. Scope of subchapter.
16139.2. Room or building for juvenile offenders awaiting trial.
16139.3. Management of houses for detention of juveniles and
appointment of board and ex officio members.
16139.4. Appointment and compensation of employees.
16139.5. Annual report and expenses.
16139.6. Appropriation and bond issues.
§ 16139.1. Scope of subchapter.
This subchapter shall apply to counties of the second class
A.
§ 16139.2. Room or building for juvenile offenders awaiting
trial.
The county commissioners shall provide, furnish and heat
within the county a separate room or rooms or a suitable
building to be used exclusively for the confinement of alleged
or adjudicated delinquent children or dependent children as
defined in 42 Pa.C.S. § 6302 (relating to definitions) who are
in custody awaiting trial or hearing in the courts of the
county, and provide for the maintenance and care of the children
while in custody.
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§ 16139.3. Management of houses for detention of juveniles and
appointment of board and ex officio members.
(a) Board of managers.--The management of houses for the
detention and reception of juveniles awaiting trial, hearing or
judicial investigation under the laws of this Commonwealth shall
be in a board of managers consisting of the following members:
(1) Three county commissioners.
(2) The county controller.
(3) Six private citizens to be appointed as follows:
(i) Three to be appointed by the president judge of
the court of common pleas.
(ii) Three to be appointed by the chairperson of the
county commissioners.
(b) Designees.--The county commissioners and the controller
may appoint individuals to act as designees for the purpose of
attending meetings of the board, and the designees shall have
the right to vote at the meetings.
(c) Private citizen members.--The private citizen members of
the board may not be officers or employees of the county.
(d) Existing boards of managers.--The members of the board
of managers existing in the county shall remain as members of
the board or boards of managers created in this subchapter until
the expiration of the terms to which the members were appointed.
Annually thereafter, the members or successors shall be
appointed for a term of three years.
(e) Vacancies.--Vacancies occurring in the membership of the
board shall be filled for the unexpired term by the chairperson
of the county commissioners or the president judge of the court
of common pleas, depending upon who originally appointed the
board member.
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(f) Compensation.--The members of the board shall serve
without compensation.
§ 16139.4. Appointment and compensation of employees.
The board of managers may appoint a superintendent and
additional staff members as may be necessary, whose salaries
shall be paid by the county. The number and compensation of the
employees shall be fixed by the salary board of the county.
§ 16139.5. Annual report and expenses.
On or before November 1, the board of managers shall annually
report to the county commissioners the amount of money required
for the maintenance of the house or houses of detention. The
county commissioners shall make an annual appropriation to the
board of managers for the payment of the expenses of
administering the house of detention. Expenses incurred in the
performance of duties by the board of managers shall be itemized
and presented with vouchers to the county commissioners for
payment, and a semiannual expense report shall be made to the
county commissioners. All expenses in connection with the
management and administration of the house of detention shall be
paid by the county in the manner provided by law for the payment
of county obligations.
§ 16139.6. Appropriation and bond issues.
The county commissioners shall have power and authority for
the purpose of housing juveniles to appropriate money from
public money or to issue bonds in the manner provided by law for
the purchase of lands or erecting, constructing and equipping a
building or buildings.]
Section 4. This act shall take effect in 60 days.
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