HB 1021 — 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.

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
 1   Amending Title 16 (Counties) of the Pennsylvania Consolidated
 2      Statutes, in grounds and buildings, repealing provisions
 3      relating to room or building for juvenile offenders awaiting
 4      trial and providing for rooms or buildings for juveniles; and
 5      repealing provisions relating to special provisions for
 6      temporary county buildings and for rooms in county buildings
 7      in counties of the second class A.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 16137 of Title 16 of the Pennsylvania
11   Consolidated Statutes is repealed:
12   [§ 16137.   Room or building for juvenile offenders awaiting
13               trial.
14      The county commissioners of the third, fourth, fifth, sixth,
15   seventh and eighth class shall provide, furnish and heat within
16   the county a separate room or rooms or a suitable building to be
17   used exclusively for the confinement of any and all alleged or
18   adjudicated delinquent children or dependent children as defined
19   in 42 Pa.C.S. § 6302 (relating to definitions) who may be in
20   custody awaiting trial or hearing in the courts of the county,
 1   and provide for the maintenance and care of the children while
 2   in custody.]
 3      Section 2.        Title 16 is amended by adding a section to read:
 4   § 16137.1.     Rooms or buildings for juveniles.
 5      (a)   Requirement.--The county commissioners of a county shall
 6   provide, furnish and heat within the county a separate room or
 7   rooms or a suitable building to be used exclusively for the
 8   confinement, detention, reception, maintenance and care of
 9   juveniles.
10      (b)   Board of managers.--
11            (1)   A board of managers shall manage each room or
12      building under this section. The board of managers shall
13      consist of:
14                  (i)    Three county commissioners or the county
15            executive of the county in which the room or building is
16            located.
17                  (ii)    The county controller of the county in which
18            the room or building is located, if the county has
19            established the office of county controller.
20                  (iii)    Six private citizens, who:
21                         (A)   May not be officers or employees of the
22                  county in which the room or building is located.
23                         (B)   Represent a cross section of citizens with
24                  relevant expertise in juvenile development, juvenile
25                  detention, mental health disorders and substance use
26                  disorders.
27                         (C)   Shall be appointed as follows:
28                               (I)   Three of the private citizens shall be
29                         appointed by the president judge of the court of
30                         common pleas in the county in which the room or

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 1                   building is located.
 2                       (II)   Three of the private citizens shall be
 3                   appointed by the chairperson of the board of
 4                   county commissioners in the county in which the
 5                   room or building is located.
 6          (2)   A public official specified under paragraph (1)(i)
 7    or (ii) may appoint a designee to attend any meeting of the
 8    board of managers. The designee shall have the right to vote
 9    at the meeting.
10          (3)   The members of a board of managers existing in the
11    county on the effective date of this paragraph shall remain
12    as members of the board until the expiration of the terms to
13    which the members of the board were appointed. Annually
14    thereafter, the members of the board and their successors
15    shall be appointed for a term of three years.
16          (4)   Each vacancy occurring in the membership of a board
17    of managers shall be filled for the unexpired term in the
18    same manner as the original appointment.
19          (5)   The members of a board of managers shall serve
20    without compensation.
21    (c)   Superintendent and staff members.--
22          (1)   A board of managers may appoint a superintendent and
23    additional staff members as may be necessary.
24          (2)   The county in which the board of managers is located
25    shall pay the salaries of the superintendent and additional
26    staff members.
27          (3)   The salary board of the county in which the board of
28    managers is located shall fix the number and compensation of
29    the staff members of the board of managers.
30    (d)   Department of Human Services.--The Department of Human

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 1   Services shall adopt or promulgate rules or regulations as
 2   necessary and appropriate regarding the composition of boards of
 3   managers.
 4      (e)   Expenses and payments.--
 5            (1)   The county commissioners or the county executive of
 6      a county shall make an annual appropriation to each board of
 7      managers in the county for the payment of the expenses of
 8      administering the room or building.
 9            (2)   The expenses incurred in the performance of duties
10      by a board of managers must be itemized and presented with
11      vouchers to the county commissioners or the county executive
12      for payment.
13            (3)   Each board of managers shall make a semiannual
14      expense report to the county commissioners or the county
15      executive.
16            (4)   All expenses in connection with the management and
17      administration of a room or building by a board of managers
18      shall be paid by the county in the manner provided by law for
19      the payment of county obligations.
20      (f)   Reports.--
21            (1)   On or before November 1 of each year, each board of
22      managers shall report to the county commissioners or the
23      county executive the amount of money required for the
24      maintenance of the room or building served by the board of
25      managers.
26            (2)   (i)    On or before November 1 of each year, each room
27            or building under this section shall report to its board
28            of managers information on facility operations required
29            by the Department of Human Services.
30                  (ii)   At a minimum, each report under this paragraph

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 1            must include information on the following:
 2                    (A)   The use of physical restraints and seclusion
 3                at the room or building.
 4                    (B)   Each instance of overcrowding.
 5                    (C)   A description of the educational programs
 6                and access to education at the room or building.
 7      (g)   Visits and reporting.--On or before November 1 of each
 8   year, each board of managers shall conduct regular announced and
 9   unannounced visits to the room or building and shall report its
10   findings regarding the facilities to the Department of Human
11   Services.
12      (h)   Appropriation and bond issues.--The county commissioners
13   or the county executive may appropriate money from public money
14   or issue bonds in the manner provided by law for the purpose of
15   purchasing lands or erecting, constructing and equipping a room
16   or building for the purposes specified under this section.
17      (i)   Applicability.--This section applies to counties of the
18   first, second, second class A, third, fourth, fifth, sixth,
19   seventh and eighth classes and counties that have adopted a home
20   rule charter, which have been authorized by the Department of
21   Human Services to manage and administer rooms or buildings for
22   the confinement, detention, reception, maintenance and care of
23   juveniles.
24      (j)   Definitions.--As used in this section, the following
25   words and phrases shall have the meanings given to them in this
26   subsection unless the context clearly indicates otherwise:
27      "Delinquent child."    As defined in 42 Pa.C.S. § 6302
28   (relating to definitions).
29      "Dependent child."    As defined in 42 Pa.C.S. § 6302.
30      "Juvenile."   An alleged or adjudicated delinquent child or

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 1   dependent child who is in custody and awaiting judicial
 2   investigation or trial or hearing in a court of the county in
 3   accordance with the laws of this Commonwealth.
 4        Section 3.   Subchapter E.1 of Chapter 161 of Title 16 is
 5   repealed:
 6                              [SUBCHAPTER E.1
 7            SPECIAL PROVISIONS FOR TEMPORARY COUNTY BUILDINGS
 8                     AND FOR ROOMS IN COUNTY BUILDINGS
 9                     IN COUNTIES OF THE SECOND CLASS A
10   Sec.
11   16139.1. Scope of subchapter.
12   16139.2. Room or building for juvenile offenders awaiting trial.
13   16139.3. Management of houses for detention of juveniles and
14                appointment of board and ex officio members.
15   16139.4. Appointment and compensation of employees.
16   16139.5. Annual report and expenses.
17   16139.6. Appropriation and bond issues.
18   § 16139.1.   Scope of subchapter.
19        This subchapter shall apply to counties of the second class
20   A.
21   § 16139.2.   Room or building for juvenile offenders awaiting
22                trial.
23        The county commissioners shall provide, furnish and heat
24   within the county a separate room or rooms or a suitable
25   building to be used exclusively for the confinement of alleged
26   or adjudicated delinquent children or dependent children as
27   defined in 42 Pa.C.S. § 6302 (relating to definitions) who are
28   in custody awaiting trial or hearing in the courts of the
29   county, and provide for the maintenance and care of the children
30   while in custody.

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 1   § 16139.3.     Management of houses for detention of juveniles and
 2                  appointment of board and ex officio members.
 3      (a)   Board of managers.--The management of houses for the
 4   detention and reception of juveniles awaiting trial, hearing or
 5   judicial investigation under the laws of this Commonwealth shall
 6   be in a board of managers consisting of the following members:
 7            (1)   Three county commissioners.
 8            (2)   The county controller.
 9            (3)   Six private citizens to be appointed as follows:
10                  (i)    Three to be appointed by the president judge of
11            the court of common pleas.
12                  (ii)   Three to be appointed by the chairperson of the
13            county commissioners.
14      (b)   Designees.--The county commissioners and the controller
15   may appoint individuals to act as designees for the purpose of
16   attending meetings of the board, and the designees shall have
17   the right to vote at the meetings.
18      (c)   Private citizen members.--The private citizen members of
19   the board may not be officers or employees of the county.
20      (d)   Existing boards of managers.--The members of the board
21   of managers existing in the county shall remain as members of
22   the board or boards of managers created in this subchapter until
23   the expiration of the terms to which the members were appointed.
24   Annually thereafter, the members or successors shall be
25   appointed for a term of three years.
26      (e)   Vacancies.--Vacancies occurring in the membership of the
27   board shall be filled for the unexpired term by the chairperson
28   of the county commissioners or the president judge of the court
29   of common pleas, depending upon who originally appointed the
30   board member.

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 1      (f)   Compensation.--The members of the board shall serve
 2   without compensation.
 3   § 16139.4.   Appointment and compensation of employees.
 4      The board of managers may appoint a superintendent and
 5   additional staff members as may be necessary, whose salaries
 6   shall be paid by the county. The number and compensation of the
 7   employees shall be fixed by the salary board of the county.
 8   § 16139.5.   Annual report and expenses.
 9      On or before November 1, the board of managers shall annually
10   report to the county commissioners the amount of money required
11   for the maintenance of the house or houses of detention. The
12   county commissioners shall make an annual appropriation to the
13   board of managers for the payment of the expenses of
14   administering the house of detention. Expenses incurred in the
15   performance of duties by the board of managers shall be itemized
16   and presented with vouchers to the county commissioners for
17   payment, and a semiannual expense report shall be made to the
18   county commissioners. All expenses in connection with the
19   management and administration of the house of detention shall be
20   paid by the county in the manner provided by law for the payment
21   of county obligations.
22   § 16139.6.   Appropriation and bond issues.
23      The county commissioners shall have power and authority for
24   the purpose of housing juveniles to appropriate money from
25   public money or to issue bonds in the manner provided by law for
26   the purchase of lands or erecting, constructing and equipping a
27   building or buildings.]
28      Section 4.   This act shall take effect in 60 days.




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