An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for release or delivery to court and for place of detention.

PRINTER'S NO. 3397
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2510
Session of
2026
INTRODUCED BY HANBIDGE, KINKEAD, McNEILL, WAXMAN, SANCHEZ,
TIBURCIO, MAYES, KHAN, HILL-EVANS, OTTEN, SHUSTERMAN,
BOROWSKI, HOHENSTEIN, CEPEDA-FREYTIZ, KENYATTA, BOYD, INGLIS,
CONKLIN AND CIRESI, MAY 12, 2026
REFERRED TO COMMITTEE ON JUDICIARY, MAY 13, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for release or delivery to court and for
place of detention.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6326(b), (c), (d) and (e) and 6327 of
Title 42 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 6326. Release or delivery to court.
* * *
(b) Detention in police lockup generally prohibited.--
[Unless a child taken into custody is alleged to have committed
a crime or summary offense or to be in violation of conditions
of probation or other supervision following an adjudication of
delinquency, the] Except as provided in subsection (c), no child
may [not] be detained in a municipal police lockup or cell or
otherwise held [securely] within a law enforcement facility or
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structure which houses an adult lockup. [A child shall be deemed
to be held securely only when physically detained or confined in
a locked room or cell or when secured to a cuffing rail or other
stationary object within the facility.]
(c) Detention in police lockup under certain
circumstances.--A child alleged to have committed a crime or
summary offense or to be in violation of conditions of probation
or other supervision following an adjudication of delinquency
may be held [securely] in a municipal police lockup or other
facility which houses an adult lockup only under the following
conditions:
(1) the [secure] holding shall only be for the purpose
of identification, investigation, processing, releasing or
transferring the child to a parent, guardian, other
custodian, or juvenile court or county children and youth
official, or to a shelter care or juvenile detention center;
(2) the [secure] holding shall be limited to the minimum
time necessary to complete the procedures listed in paragraph
(1), but in no case may such holding exceed six hours; and
(3) if so held, a child must be separated by sight and
sound from incarcerated adult offenders and must be under the
continuous visual supervision of law enforcement officials or
facility staff.
[(d) Conditions of detention.--Notwithstanding other
provisions of law, a child held in nonsecure custody in a
building or facility which houses an adult lockup may be so held
only under the following conditions:
(1) the area where the child is held is an unlocked
multipurpose area which is not designated or used as a secure
detention area or is not part of a secure detention area; or,
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if the area is a secure booking or similar area, it is used
only for processing purposes;
(2) the child is not physically secured to a cuffing
rail or other stationary object during the period of custody
in the facility;
(3) the area is limited to providing nonsecure custody
only long enough for the purposes of identification,
investigation, processing or release to parents or for
arranging transfer to another agency or appropriate facility;
and
(4) the child must be under continuous visual
supervision by a law enforcement officer or other facility
staff during the period of nonsecure custody.]
(e) Reports regarding children held in custody.--Law
enforcement agencies shall provide information and reports
regarding children held [in secure and nonsecure custody] under
[subsections] subsection (c) [and (d)] as requested by the
Pennsylvania Commission on Crime and Delinquency.
* * *
§ 6327. Place of detention.
(a) General rule.--A child alleged to be delinquent [may be
detained only in:], or who has been charged with an act under
paragraph (2)(i), (ii) or (iii) of the definition of "delinquent
act" in section 6302 (relating to definitions) may be detained
subject to preadjudicatory or pretrial detention only if,
following a hearing and the presentation of competent evidence,
a judge determines that there is no lesser restrictive
alternative that is consistent with the purposes of this act.
Except as provided in subsection (a.2), if there is no lesser
restrictive alternative, a child may only be detained in:
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(1) A licensed foster home or a home approved by the
court.
(2) A facility operated by a licensed child welfare
agency or one approved by the court.
(3) A detention home, camp, center or other facility for
delinquent children which is under the direction or
supervision of the court or other public authority or private
agency, and is approved by the Department of [Public Welfare]
Human Services.
(4) Any other suitable place or facility, designated or
operated by the court and approved by the Department of
[Public Welfare] Human Services.
Under no circumstances shall a child be detained in any facility
[with adults, or] where the child is apt to be abused by other
children.
(a.1) Right to bail.--
(1) A child who has been charged with an act specified
under paragraph (2)(i), (ii) or (iii) of the definition of
"delinquent act" in section 6302 for whom a judge determines,
consistent with subsection (a), that pretrial detention is
the least restrictive alternative, shall be granted an
immediate bail hearing consistent with the provisions of
Chapter 57 (relating to bonds and recognizances) and the
general rules of criminal procedure.
(2) Following a hearing consistent with paragraph (1),
any imposition of monetary conditions shall be justified in
writing or on the record by the bail authority who shall:
(i) In terms of the release criteria enumerated in
the rules of criminal procedure, state the reasons why
conditions other than release on recognizance has been
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set.
(ii) State the facts that support a determination
that the child has the ability to pay the monetary
condition ordered.
(3) Any child for whom a monetary condition of bail has
been imposed shall be granted an immediate and reasonable
opportunity to post bail.
(a.2) Pretrial detention.--A child who has been charged with
an act specified under paragraph (2)(i), (ii) or (iii) of the
definition of "delinquent act" in section 6302 for whom a judge
determines, consistent with subsection (a), that pretrial
detention is the least restrictive alternative and who has not
been released on bail shall not be incarcerated in a jail or
other facility for the detention of adult offenders unless a
judge finds by clear and convincing evidence, following a
hearing and the presentation of competent evidence, that the
child presents a danger to the physical health or safety of
other children in detention, which risk cannot be safely
mitigated in the detention setting.
(b) Report by correctional officer of receipt of child.--The
official in charge of a jail or other facility for the detention
of adult offenders or persons charged with crime shall inform
the court immediately if a person who is or appears to be under
the age of 18 years is received at the facility and shall bring
him before the court upon request or deliver him to a detention
or shelter care facility designated by the court.
(c) Detention in jail prohibited.--It is unlawful for any
person in charge of or employed by a jail knowingly to receive
for detention or to detain in the jail any person whom he has or
should have reason to believe is a child unless, in a criminal
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proceeding, the child has been [charged with or has been found
guilty] convicted of an act set forth in paragraph (2)(i), (ii),
(iii) or (v) of the definition of "delinquent act" in section
6302 [(relating to definitions)] and a sentence of total
confinement has been imposed by the court.
[(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "delinquent act"
in section 6302, who has not been released on bail and who
may seek or is seeking transfer to juvenile proceedings under
section 6322 (relating to transfer from criminal proceedings)
may be detained in a secure detention facility approved by
the Department of Public Welfare for the detention of alleged
and adjudicated delinquent children if the attorney for the
Commonwealth has consented to and the court has ordered the
detention.
(2) Secure detention ordered under this subsection shall
not affect a child's eligibility for or ability to post bail.
(3) For a child held in secure detention under this
subsection, the court shall order the immediate transfer of
the child to the county jail if any of the following apply:
(i) The court determines that the child is no longer
seeking transfer under section 6322.
(ii) The court denies the motion filed under section
6322.
(iii) The child attains 18 years of age. This
subparagraph does not apply if:
(A) the court has granted the motion filed under
section 6322; or
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(B) the child is otherwise under order of
commitment to the secure detention facility pursuant
to the jurisdiction of the court in a delinquency
matter.
(d) Transfer of child subject to criminal proceedings.--If a
case is transferred for criminal prosecution the child may be
transferred to the appropriate officer or detention facility in
accordance with the law governing the detention of persons
charged with crime. The court in making the transfer may order
continued detention as a juvenile pending trial if the child is
unable to provide bail.]
(e) Detention of dependent child.--A child alleged to be
dependent may be detained or placed only in a Department of
[Public Welfare] Human Services approved shelter care facility
as stated in subsection (a)(1), (2) and (4), and shall not be
detained in a jail or other facility intended or used for the
detention of adults charged with criminal offenses, but may be
detained in the same shelter care facilities with alleged or
adjudicated delinquent children.
(f) Development of approved shelter care programs.--The
Department of [Public Welfare] Human Services shall develop or
assist in the development in each county of this Commonwealth
approved programs for the provision of shelter care for children
needing these services who have been taken into custody under
section 6324 (relating to taking into custody) and for children
referred to or under the jurisdiction of the court.
Section 2. This act shall take effect in 60 days.
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