Pennsylvania HB 2510: An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, providing for regional response health collaboration and for emergency COVID-19 response; and, in additional special funds and restricted accounts, providing for return of COVID response transfers.

Bill Text

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 priva