HB 2510 — 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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in juvenile matters,
 3      further providing for release or delivery to court and for
 4      place of detention.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Sections 6326(b), (c), (d) and (e) and 6327 of
 8   Title 42 of the Pennsylvania Consolidated Statutes are amended
 9   to read:
10   § 6326.    Release or delivery to court.
11      * * *
12      (b)     Detention in police lockup generally prohibited.--
13   [Unless a child taken into custody is alleged to have committed
14   a crime or summary offense or to be in violation of conditions
15   of probation or other supervision following an adjudication of
16   delinquency, the] Except as provided in subsection (c), no child
17   may [not] be detained in a municipal police lockup or cell or
18   otherwise held [securely] within a law enforcement facility or
 1   structure which houses an adult lockup. [A child shall be deemed
 2   to be held securely only when physically detained or confined in
 3   a locked room or cell or when secured to a cuffing rail or other
 4   stationary object within the facility.]
 5      (c)    Detention in police lockup under certain
 6   circumstances.--A child alleged to have committed a crime or
 7   summary offense or to be in violation of conditions of probation
 8   or other supervision following an adjudication of delinquency
 9   may be held [securely] in a municipal police lockup or other
10   facility which houses an adult lockup only under the following
11   conditions:
12             (1)   the [secure] holding shall only be for the purpose
13      of identification, investigation, processing, releasing or
14      transferring the child to a parent, guardian, other
15      custodian, or juvenile court or county children and youth
16      official, or to a shelter care or juvenile detention center;
17             (2)   the [secure] holding shall be limited to the minimum
18      time necessary to complete the procedures listed in paragraph
19      (1), but in no case may such holding exceed six hours; and
20             (3)   if so held, a child must be separated by sight and
21      sound from incarcerated adult offenders and must be under the
22      continuous visual supervision of law enforcement officials or
23      facility staff.
24      [(d)    Conditions of detention.--Notwithstanding other
25   provisions of law, a child held in nonsecure custody in a
26   building or facility which houses an adult lockup may be so held
27   only under the following conditions:
28             (1)   the area where the child is held is an unlocked
29      multipurpose area which is not designated or used as a secure
30      detention area or is not part of a secure detention area; or,

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 1      if the area is a secure booking or similar area, it is used
 2      only for processing purposes;
 3             (2)   the child is not physically secured to a cuffing
 4      rail or other stationary object during the period of custody
 5      in the facility;
 6             (3)   the area is limited to providing nonsecure custody
 7      only long enough for the purposes of identification,
 8      investigation, processing or release to parents or for
 9      arranging transfer to another agency or appropriate facility;
10      and
11             (4)   the child must be under continuous visual
12      supervision by a law enforcement officer or other facility
13      staff during the period of nonsecure custody.]
14      (e)    Reports regarding children held in custody.--Law
15   enforcement agencies shall provide information and reports
16   regarding children held [in secure and nonsecure custody] under
17   [subsections] subsection (c) [and (d)] as requested by the
18   Pennsylvania Commission on Crime and Delinquency.
19      * * *
20   § 6327.    Place of detention.
21      (a)    General rule.--A child alleged to be delinquent [may be
22   detained only in:], or who has been charged with an act under
23   paragraph (2)(i), (ii) or (iii) of the definition of "delinquent
24   act" in section 6302 (relating to definitions) may be detained
25   subject to preadjudicatory or pretrial detention only if,
26   following a hearing and the presentation of competent evidence,
27   a judge determines that there is no lesser restrictive
28   alternative that is consistent with the purposes of this act.
29   Except as provided in subsection (a.2), if there is no lesser
30   restrictive alternative, a child may only be detained in:

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 1          (1)    A licensed foster home or a home approved by the
 2      court.
 3          (2)    A facility operated by a licensed child welfare
 4      agency or one approved by the court.
 5          (3)    A detention home, camp, center or other facility for
 6      delinquent children which is under the direction or
 7      supervision of the court or other public authority or private
 8      agency, and is approved by the Department of [Public Welfare]
 9      Human Services.
10          (4)    Any other suitable place or facility, designated or
11      operated by the court and approved by the Department of
12      [Public Welfare] Human Services.
13   Under no circumstances shall a child be detained in any facility
14   [with adults, or] where the child is apt to be abused by other
15   children.
16      (a.1)    Right to bail.--
17          (1)    A child who has been charged with an act specified
18      under paragraph (2)(i), (ii) or (iii) of the definition of
19      "delinquent act" in section 6302 for whom a judge determines,
20      consistent with subsection (a), that pretrial detention is
21      the least restrictive alternative, shall be granted an
22      immediate bail hearing consistent with the provisions of
23      Chapter 57 (relating to bonds and recognizances) and the
24      general rules of criminal procedure.
25          (2)    Following a hearing consistent with paragraph (1),
26      any imposition of monetary conditions shall be justified in
27      writing or on the record by the bail authority who shall:
28                (i)   In terms of the release criteria enumerated in
29          the rules of criminal procedure, state the reasons why
30          conditions other than release on recognizance has been

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 1            set.
 2                   (ii)   State the facts that support a determination
 3            that the child has the ability to pay the monetary
 4            condition ordered.
 5            (3)    Any child for whom a monetary condition of bail has
 6      been imposed shall be granted an immediate and reasonable
 7      opportunity to post bail.
 8      (a.2)   Pretrial detention.--A child who has been charged with
 9   an act specified under paragraph (2)(i), (ii) or (iii) of the
10   definition of "delinquent act" in section 6302 for whom a judge
11   determines, consistent with subsection (a), that pretrial
12   detention is the least restrictive alternative and who has not
13   been released on bail shall not be incarcerated in a jail or
14   other facility for the detention of adult offenders unless a
15   judge finds by clear and convincing evidence, following a
16   hearing and the presentation of competent evidence, that the
17   child presents a danger to the physical health or safety of
18   other children in detention, which risk cannot be safely
19   mitigated in the detention setting.
20      (b)   Report by correctional officer of receipt of child.--The
21   official in charge of a jail or other facility for the detention
22   of adult offenders or persons charged with crime shall inform
23   the court immediately if a person who is or appears to be under
24   the age of 18 years is received at the facility and shall bring
25   him before the court upon request or deliver him to a detention
26   or shelter care facility designated by the court.
27      (c)   Detention in jail prohibited.--It is unlawful for any
28   person in charge of or employed by a jail knowingly to receive
29   for detention or to detain in the jail any person whom he has or
30   should have reason to believe is a child unless, in a criminal

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 1   proceeding, the child has been [charged with or has been found
 2   guilty] convicted of an act set forth in paragraph (2)(i), (ii),
 3   (iii) or (v) of the definition of "delinquent act" in section
 4   6302 [(relating to definitions)] and a sentence of total
 5   confinement has been imposed by the court.
 6      [(c.1)    Detention of child.--
 7          (1)    A child who is subject to criminal proceedings
 8      having been charged with an act set forth under paragraph
 9      (2)(i), (ii) or (iii) of the definition of "delinquent act"
10      in section 6302, who has not been released on bail and who
11      may seek or is seeking transfer to juvenile proceedings under
12      section 6322 (relating to transfer from criminal proceedings)
13      may be detained in a secure detention facility approved by
14      the Department of Public Welfare for the detention of alleged
15      and adjudicated delinquent children if the attorney for the
16      Commonwealth has consented to and the court has ordered the
17      detention.
18          (2)    Secure detention ordered under this subsection shall
19      not affect a child's eligibility for or ability to post bail.
20          (3)    For a child held in secure detention under this
21      subsection, the court shall order the immediate transfer of
22      the child to the county jail if any of the following apply:
23                (i)    The court determines that the child is no longer
24          seeking transfer under section 6322.
25                (ii)    The court denies the motion filed under section
26          6322.
27                (iii)    The child attains 18 years of age. This
28          subparagraph does not apply if:
29                       (A)   the court has granted the motion filed under
30                section 6322; or

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 1                   (B)   the child is otherwise under order of
 2               commitment to the secure detention facility pursuant
 3               to the jurisdiction of the court in a delinquency
 4               matter.
 5      (d)   Transfer of child subject to criminal proceedings.--If a
 6   case is transferred for criminal prosecution the child may be
 7   transferred to the appropriate officer or detention facility in
 8   accordance with the law governing the detention of persons
 9   charged with crime. The court in making the transfer may order
10   continued detention as a juvenile pending trial if the child is
11   unable to provide bail.]
12      (e)   Detention of dependent child.--A child alleged to be
13   dependent may be detained or placed only in a Department of
14   [Public Welfare] Human Services approved shelter care facility
15   as stated in subsection (a)(1), (2) and (4), and shall not be
16   detained in a jail or other facility intended or used for the
17   detention of adults charged with criminal offenses, but may be
18   detained in the same shelter care facilities with alleged or
19   adjudicated delinquent children.
20      (f)   Development of approved shelter care programs.--The
21   Department of [Public Welfare] Human Services shall develop or
22   assist in the development in each county of this Commonwealth
23   approved programs for the provision of shelter care for children
24   needing these services who have been taken into custody under
25   section 6324 (relating to taking into custody) and for children
26   referred to or under the jurisdiction of the court.
27      Section 2.   This act shall take effect in 60 days.




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