HB 1385 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for definitions and for disposition of delinquent child.

PRIOR PRINTER'S NO.

1890 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2592 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

WILLIAMS, STEELE, SHUSTERMAN, GREEN, WARREN, WAXMAN, RIVERA, HANBIDGE, BURGOS,BURGOS McANDREW, BOYD AND DOUGHERTY,McANDREW, JUNE 9, 2025 ASREFERRED REPORTEDTO FROM COMMITTEE ON JUDICIARY, HOUSEJUNE OF10, REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 2025 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the furtherPennsylvania providingConsolidated forStatutes, definitionsin andjuvenile formatters, disposition of delinquent child.

for definitions and for disposition of The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The definitions of "child," "delinquent act" and <-- "delinquent child" "CHILD" AND "DELINQUENT ACT" in section 6302 <-- of Title 42 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a definition to read:

61 20250HB1385PN2592 - 2 - (relating to protection from abuse).

The term does not 20250HB1385PN1890 - 2 - include a summary offense or the failure of a child to comply with a lawful sentence imposed for a summary offense.

[or the failure of a child to comply with a lawful sentence imposed for a summary offense, in which event notice of the fact shall be certified to the court.]court. <-- (2) The term shall not include:

(2) The term shall not include:

§ 2901 20250HB1385PN2592 - 3 - (relating to kidnapping).

20250HB1385PN1890 - 3 - (H) Voluntary manslaughter.

[(iv)(iv) Summary offenses.

<-- (v) A crime committed by a child who has been found guilty in a criminal proceeding for other than a summary offense.] 20250HB1385PN2592 - 4 - "Delinquent child." Any of the following:

<--20250HB1385PN1890 - 4 - (1) A child [ten] 13 years of age or older whom the court has found to have committed a delinquent act and for whom it is established is in need of treatment, supervision or rehabilitation.

(2) A material loss that entitled a person to receive compensation from the Crime Victim Services and Compensation 20250HB1385PN2592 - 5 - Fund.

20250HB1385PN1890 - 5 - * * * Section 2.

Section 6352(a) and (c) of Title 42, amended <-- October 16, 2024 (P.L.1003, No.107), are IS amended and the <-- section is amended by adding subsections to read:

<-- (i) For a misdemeanor, a term of probation may not exceed 12 months per petition or course of conduct.

(ii) For a felony, a term of probation may not 20250HB1385PN2592 - 6 - exceed 18 months per petition or course of conduct.

A 20250HB1385PN1890 - 6 - term of probation may be extended up to an additional three months to complete an evidence-based program or court-approved program.

(3) [Committing] In accordance with subsection (a.1), <-- committing the child to an institution, youth development center, camp, or other facility for delinquent children operated under the direction or supervision of the court or other public authority and approved by the Department of [Public Welfare] Human Services.

(4) [If] In accordance with subsection (a.1), if the <-- child is [12] 13 years of age or older, committing the child <-- to an institution operated by the Department of [Public Welfare] Human Services.

20250HB1385PN2592 - 7 - Disbursements from the fund shall be made, subject to the 20250HB1385PN1890 - 7 - written guidelines and the limitations of this chapter, at the discretion of the president judge and used to reimburse crime victims for financial losses resulting from delinquent acts.

(6) An order of the terms of probation may include [anan <-- appropriate fine considering the nature of the act committed or]or restitution not in excess of actual damages caused by the <-- child and subject to the requirements under subsection (c.1), 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.

The order of the court shall be limited in duration consistent with the limitations 20250HB1385PN2592 - 8 - in section 6353 (relating to limitation on and change in 20250HB1385PN1890 - 8 - place of commitment and disposition review hearing) and in the former act of May 13, 1915 (P.L.286, No.177), known as the Child Labor Law.

(7) EXCEPT AS DESCRIBED UNDER PARAGRAPHS (5) AND (6) AND <-- IN ACCORDANCE WITH SUBSECTION (C.1), THE COURT MAY NOT ORDER ANY OTHER PAYMENT OF MONEY BY THE CHILD OR THE CHILD'S PARENTS OR GUARDIANS, INCLUDING FINES, COSTS, FEES OR RESTITUTION.

(a.1) Removal from home.-- <-- (1) A child may not be removed from the child's home as disposition for an adjudication of delinquency under subsection (a), unless the court determines that at least one of the following applies:

In determining whether the child poses a 20250HB1385PN2592 - 9 - significant risk to the safety of a victim, the court shall consider all of the following:

20250HB1385PN1890 - 9 - (C) Mitigating evidence on behalf of the child.

(1) A technical violation of the terms and conditions of an order of probation, which shall not include any of the 20250HB1385PN2592 - 10 - following:

20250HB1385PN1890 - 10 - (iii) Repeated violations of probation for an offense involving the threat to or use or possession of a deadly weapon or the intentional infliction of serious bodily injury to a victim, (2) Lack of outpatient treatment options in the community absent a recommendation to do so through an independent assessment that determines drug, alcohol or mental health services are medically necessary.

(i) An extension is necessary to complete an evidence-based program or a program rated by a standardized tool as effective for reducing recidivism, 20250HB1385PN2592 - 11 - consistent with the child's assessed criminogenic needs, that is already underway and that cannot be completed in the community.

(ii) A child adjudicated for murder or a sexual offense designated as a felony of the first degree if committed by an adult poses a threat to the safety of the 20250HB1385PN1890 - 11 - community or a victim in consideration of subsection (a.1)(1).

At a minimum, the court shall review 20250HB1385PN2592 - 12 - all of the following:

20250HB1385PN1890 - 12 - (C) Related information as to whether the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability.

(4) Nothing in this subsection is intended to alter or 20250HB1385PN2592 - 13 - limit related rights under Federal or State law or to limit consideration of matters in any aspect of the dependency or delinquency systems.

* * * (c) Required statement of reasons.--Prior to entering an order of disposition under subsection (a), the court shall state 20250HB1385PN1890 - 13 - its disposition and the reasons for its disposition on the record in open court, together with the goals, terms and conditions of that disposition.

33 (relating to education of individuals with 20250HB1385PN2592 - 14 - disabilities) at an out-of-home placement, the out-of-home placement shall be deemed an inappropriate placement for the child, and the child shall not be mandated to that placement.

* * * <-- (c.1) Restitution.-- (1) Restitution shall be ordered after a finding that the requested restitution constitutes a material loss and is 20250HB1385PN1890 - 14 - owed to the actual victim and a hearing is held on the child's ability to pay.