PRIOR PRINTER'S NO. 1014
PRINTER'S NO. 2104
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
80
Session of
2023
INTRODUCED BY KAZEEM, DELLOSO, BOROWSKI, CURRY, MADDEN, WAXMAN,
FLEMING, PARKER, CEPEDA-FREYTIZ, TAKAC, HILL-EVANS, FIEDLER,
SANCHEZ, GUENST, HANBIDGE, KHAN, SHUSTERMAN, N. NELSON,
HOWARD, CIRESI, D. WILLIAMS, FREEMAN, GREEN, OTTEN AND
KRAJEWSKI, APRIL 24, 2023
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2023
A RESOLUTION
Directing the Joint State Government Commission to conduct a
study and issue a report on the best practices and
recommendations for the operation of juvenile detention
centers within this Commonwealth.
WHEREAS, A grand jury investigated abuse allegations at the
now closed Delaware County Juvenile Detention Center (DCJDC) and
found that the DCJDC "existed like a prison intent on
punishment, not reform, and allowed a dangerous, unprofessional
culture to pervade"; and
WHEREAS, The grand jury found that an extreme lack of
available activities led to residents spending "most of their
time in their rooms doing nothing"; and
WHEREAS, The grand jury found, based on witness testimony,
that although education should have been provided, "staff would
not always bring the juveniles to the classroom as required" and
"the school work was...frequently below the juveniles' actual
grade level"; and
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WHEREAS, The grand jury found that the facility frequently
cursed at and bullied residents; and
WHEREAS, The grand jury found that the facility failed to
intervene in fights between residents and to deescalate episodes
effectively; and
WHEREAS, The grand jury heard testimony of sexually
inappropriate conduct by male detention staff, including making
sexually inappropriate comments to female residents and making
sexually inappropriate advances toward female staff members; and
WHEREAS, The grand jury found that "there has been no
comprehensive examination of best practices for operating secure
juvenile detention facilities," but "so long as there is a need
for such facilities to operate, there is a need to establish
standards for how they should operate consistently with the goal
of rehabilitation"; and
WHEREAS, The grand jury recommended that the General Assembly
make use of the Joint State Government Commission's research
ability to develop policies and practices; therefore be it
RESOLVED, That the House of Representatives direct the Joint
State Government Commission to conduct a study and issue a
report on the best practices and recommendations for the
operation of juvenile detention centers within this
Commonwealth, including:
(1) The implementation of total video surveillance of
the facility, excluding bedrooms and bathrooms, by a video
surveillance system with the capacity to store footage for a
minimum of 90 days and a requirement that a supervisor review
and preserve video footage whenever a physical restraint is
used by staff on a juvenile AND THE PROCEDURES NECESSARY TO
ENSURE THAT THE FOOTAGE IS USED TO ENSURE JUVENILE SAFETY AND
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NOT TO INCRIMINATE JUVENILES.
(2) Expanding the list of required training categories
beyond the requirements of the 3800-series regulations,
including training on deescalation techniques, handling
children with trauma and mental health issues and respecting
the specific rights of children in detention as specified in
the 3800-series regulations.
(3) Requiring that such training be conducted in person
and allow detention staff to practice techniques prior to
supervising children.
(4) Creating additional minimum qualifications for
management and staff, which may include raising the minimum
age of detention staffers.
(5) INCENTIVIZING EMPLOYMENT FOR PEOPLE WITH LIVED
EXPERIENCE WHOSE BACKGROUNDS ARE REFLECTIVE OF THE
DEMOGRAPHICS OF THE JUVENILES IN THE FACILITY AND FOR
JUVENILES IN THE FACILITY WITH MULTIDISCIPLINARY BACKGROUNDS.
(5) (6) Restricting the use of overtime, including
limiting the number of hours a detention officer or
supervisor can work either consecutively or in a 24-hour to
48-hour period, WITH ATTENTION TO HOW STAFFING LEVELS WILL
IMPACT THE USE OF ISOLATION AND SOLITARY CONFINEMENT OR OTHER
HARMFUL PRACTICES.
(6) (7) Reviewing any options that may be available to
ensure a living wage that can attract and retain qualified
candidates.
(7) (8) Adding programming requirements for juveniles,
including standards on how juveniles should be educated in
ways that support age-appropriate educational
activities, WITH CONSIDERATION ON HOW BEST TO SUPPORT
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EDUCATION AND OTHER PROGRAMMING OUTSIDE OF THE FACILITY.
(8) (9) Adopting policies to ensure the rights of
juveniles and staff to file incident reports and grievances
without retaliation, including a policy to POLICIES TO ENSURE
THAT GRIEVANCES ARE ACCESSIBLE TO ENGLISH LANGUAGE LEARNERS
AND INDIVIDUALS WITH DISABILITIES, TO internally track
ChildLine reports, facility-specific incident reports and
grievances filed against employees, whether by juveniles or
other employees., TO COLLECT AND ANALYZE DATA ON THE
DEMOGRAPHICS OF JUVENILES WHO FILED GRIEVANCES AGAINST
EMPLOYEES BASED ON SUBSTANTIATED REPORTS AND TO ASSESS THE
GRIEVANCES ON THE BASIS OF RACE, ABUSE, ORIENTATION, GENDER
BIAS OR DISCRIMINATION, SEXUAL VIOLENCE AND ASSAULT.
(10) IDENTIFYING JUVENILES WHO CAN BE SERVED IN THEIR
HOMES AND COMMUNITIES AND METHODS TO SUPPORT THEIR RELEASE TO
THOSE SETTINGS.
(11) IDENTIFYING POLICIES THAT CONTRIBUTE TO
OVERCROWDING IN THE FACILITY, INCLUDING THE USE OF DETENTION
FOR JUVENILES WITH ELECTRONIC MONITORING VIOLATIONS, THE USE
OF DETENTION FOR JUVENILES WITH TECHNICAL PROBATION
VIOLATIONS AND REDUCED AVAILABILITY OF POST-DISPOSITION
PLACEMENT AS A RESULT OF JUVENILES NOT BEING CREDITED FOR
TIME SERVED IN DETENTION;
AND BE IT FURTHER
RESOLVED, THAT THE HOUSE OF REPRESENTATIVES DIRECT THE JOINT
STATE GOVERNMENT COMMISSION TO ESTABLISH AN ADVISORY COMMITTEE
OF NO LESS THAN 13 MEMBERS TO CONSULT WITH THE JOINT STATE
GOVERNMENT COMMISSION IN CONDUCTING THE STUDY, INCLUDING
REPRESENTATIVES OF THE JUDICIARY, DISTRICT ATTORNEYS, LAW
ENFORCEMENT OFFICIALS, PUBLIC ORGANIZATIONS INVOLVED IN JUVENILE
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JUSTICE REHABILITATION, REPRESENTATIVES OF COUNTY CHILDREN AND
YOUTH AGENCIES AND JUVENILE JUSTICE AGENCIES AND ANY OTHER
SIMILAR ORGANIZATIONS AS DETERMINED BY THE JOINT STATE
GOVERNMENT COMMISSION.
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