1Amending Titles 18 (Crimes and Offenses), 22 (Detectives and
2Private Police), 23 (Domestic Relations), 42 (Judiciary and
3Judicial Procedure), 44 (Law and Justice) and 61 (Prisons and
4Parole) of the Pennsylvania Consolidated Statutes, in
5preliminary provisions, providing for short title of title;
6codifying provisions relating to the Pennsylvania Commission
7on Crime and Delinquency, to sheriffs and to crimes victims;
8and making editorial changes and related repeals.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Sections 4957(d), 7508.1(e), 9401 and 9402 of
12Title 18 of the Pennsylvania Consolidated Statutes are amended
13to read:

14§ 4957. Protection of employment of crime victims, family
15members of victims and witnesses.

16* * *

17(d) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection:

20"Family." This term shall have the same meaning as in

1section 103 of the act of November 24, 1998 (P.L.882, No.111),
2known as the Crime Victims Act.

3"Victim." This term shall have the same meaning as "direct
4victim" in [section 103 of the act of November 24, 1998
5(P.L.882, No.111), known as the Crime Victims Act] 44 Pa.C.S. § 
68103 (relating to definitions).

7§ 7508.1. Substance Abuse Education and Demand Reduction Fund.

8* * *

9(e) Application.--All costs provided for in this section
10shall be in addition to and not in lieu of any fine authorized
11by law or required to be imposed under [the act of November 24,
121998 (P.L.882, No.111), known as the Crime Victims Act] 44 
13Pa.C.S. Pt. V (relating to victim services), or any other law.
14Nothing in this section shall be construed to affect, suspend or
15diminish any other criminal sanction, penalty or property
16forfeiture permitted by law.

17* * *

18§ 9401. Definitions.

19The following words and phrases when used in this chapter
20shall have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22["Crime Victims Act." The act of November 24, 1998 (P.L.882,
23No.111), known as the Crime Victims Act.]

24"Office of Victim Advocate." The Office of Victim Advocate
25established under [section 302 of the act of November 24, 1998
26(P.L.882, No.111), known as the Crimes Victims Act] 44 Pa.C.S. § 
277501 (relating to Office of Victim Advocate).

28§ 9402. Office of Victim Advocate.

29The Office of Victim Advocate has the power and duty to
30represent and advocate for the interests of individual crime

1victims in accordance with [section 302 of the Crime Victims
2Act] 44 Pa.C.S. Ch. 75 (relating to victim advocate), and
3advocate for the interests of crime victims generally, including
4the victims of crimes committed by juveniles.

5Section 2. Section 3711 of Title 22 is amended to read:

6§ 3711. Limitation on possession of firearms.

7No individual appointed as a humane society police officer
8shall carry, possess or use a firearm in the performance of that
9individual's duties unless that individual holds a current and
10valid certification in the use and handling of firearms pursuant
11to at least one of the following:

12(1) 44 Pa.C.S. Ch. 73 Subch. C (relating to deputy
13sheriffs' education and training).

14(1.1) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
15police education and training).

16(2) The act of October 10, 1974 (P.L.705, No.235), known
17as the Lethal Weapons Training Act.

18[(3) The act of February 9, 1984 (P.L.3, No.2), known as
19the Deputy Sheriffs' Education and Training Act.]

20(4) Any other firearms program that has been determined
21by the Commissioner of the Pennsylvania State Police to be of
22sufficient scope and duration as to provide the participant
23with basic training in the use and handling of firearms.

24Section 3. Section 6702 of Title 23 is amended to read:

25§ 6702. Definitions.

26The following words and phrases when used in this chapter
27shall have the meanings given to them in this section unless the
28context clearly indicates otherwise:

29"Actual address." A residential address, school address or
30work address of an individual.

1"Law enforcement agency." A police department of a city,
2borough, incorporated town or township, the Pennsylvania State
3Police, district attorneys' offices and the Office of Attorney
4General.

5"Office of Victim Advocate." The office established under
6[section 301 of the act of November 24, 1998 (P.L.882, No.111),
7known as the Crime Victims Act,] 44 Pa.C.S. § 7501 (relating to 
8Office of Victim Advocate) that is responsible for the address
9confidentiality program pursuant to this chapter.

10"Program participant." A person certified by the Office of
11Victim Advocate as eligible to participate in the address
12confidentiality program established by this chapter.

13"Substitute address." The official address of the Office of
14Victim Advocate or a confidential address designated by the
15Office of Victim Advocate.

16"Victim of domestic violence." A person who is a victim as
17defined by section 6102 (relating to definitions).

18"Victim of sexual assault." A victim of an offense
19enumerated in 18 Pa.C.S. §§ 3121 (relating to rape), 4302
20(relating to incest), 6312 (relating to sexual abuse of
21children), 6318 (relating to unlawful contact with minor) and
226320 (relating to sexual exploitation of children).

23"Victim of stalking." A victim of an offense enumerated in
2418 Pa.C.S. § 2709.1 (relating to stalking).

25Section 4. Sections 2152(a.1), 4402, 9777(c) and 9799.26(b)
26of Title 42 are amended to read:

27§ 2152. Composition of commission.

28* * *

29(a.1) Ex officio members.--The Secretary of Corrections, the
30victim advocate appointed under [section 301 of the act of

1November 24, 1998 (P.L.882, No.111), known as the Crime Victims
2Act] 44 Pa.C.S. § 7502 (relating to victim advocate), and the
3chairman of the board, during their tenure in their respective
4positions, shall serve as ex officio nonvoting members of the
5commission.

6* * *

7§ 4402. Definitions.

8The following words and phrases when used in this chapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Administrative proceeding." Any proceeding other than a
12judicial proceeding, the outcome of which is required to be
13based on a record or documentation prescribed by law or in which
14law or regulation is particularized in application to
15individuals. The term includes an appeal as defined in 2 Pa.C.S.
16§ 101 (relating to definitions).

17"Certified interpreter." A person who:

18(1) is readily able to interpret; and

19(2) is certified by the Court Administrator in
20accordance with either Subchapter B (relating to court
21interpreters for persons with limited English proficiency) or
22Subchapter C (relating to court interpreters for persons who
23are deaf).

24"Court Administrator." The Court Administrator of
25Pennsylvania.

26"Deaf." An impairment of hearing or speech which creates an
27inability to understand or communicate the spoken English
28language.

29"Direct victim." A direct victim as defined in [section 103
30of the act of November 24, 1998 (P.L.882, No.111), known as the

1Crime Victims Act] 44 Pa.C.S. § 8103 (relating to definitions).

2"Immediate family member." A spouse, parent or child.

3"Interpret." Either one of the following:

4(1) For purposes of Subchapter B (relating to court
5interpreters for persons with limited English proficiency),
6to convey spoken and written English into the language of the
7person with limited English proficiency and to convey oral
8and written statements by the person with limited English
9proficiency into spoken English.

10(2) For purposes of Subchapter C (relating to court
11interpreters for persons who are deaf), to convey spoken
12English in a manner understood by the person who is deaf
13through, but not limited to, American Sign Language and
14transliteration or the use of computer-aided real-time
15captioning (CART) or similar procedure, and to convey the
16communications made by the person who is deaf into spoken
17English.

18"Interpreter." Includes both a certified interpreter and an
19otherwise qualified interpreter.

20"Judicial proceeding." An action, appeal or proceeding in
21any court of this Commonwealth.

22"Limited ability to speak or understand English." The
23ability to speak exclusively or primarily a language other than
24English and the inability to sufficiently speak or understand
25English.

26"Otherwise qualified interpreter." A person who:

27(1) For purposes of Subchapter B (relating to court
28interpreters for persons with limited English proficiency):

29(i) is readily able to interpret; and

30(ii) has read, understands and agrees to abide by

1the code of professional conduct for court interpreters
2for persons with limited English proficiency as
3established by the Court Administrator in accordance with
4Subchapter B.

5(2) For purposes of Subchapter C (relating to court
6interpreters for persons who are deaf):

7(i) is readily able to interpret;

8(ii) is certified by the National Association of the
9Deaf, the Registry of Interpreters for the Deaf or
10similar registry; and

11(iii) has read, understands and agrees to abide by
12the code of professional conduct for court interpreters
13for persons who are deaf as established by the Court
14Administrator in accordance with Subchapter C.

15"Person who is deaf." A principal party in interest or a
16witness who is deaf.

17"Person with limited English proficiency." A principal party
18in interest or a witness, who has limited ability to speak or
19understand English.

20"Presiding judicial officer." Includes a judicial officer as
21defined in section 102 (relating to definitions).

22"Principal party in interest." A person involved in a
23judicial proceeding who is a named party, defendant or direct
24victim in a criminal proceeding or proceeding, pursuant to
25Chapter 63 (relating to juvenile matters), will be bound by the
26decision or action or is foreclosed from pursuing that person's
27rights by the decision or action which may be taken in the
28judicial proceeding.

29"Transliteration." To convey spoken or written English in an
30English-based sign system and the process of conveying an

1English-based sign system in spoken or written English.

2"Witness." A person who testifies in a judicial proceeding.

3§ 9777. Transfer of inmates in need of medical treatment.

4* * *

5(c) Service.--Any petition filed under this section shall be
6served on each agency representing the Commonwealth at each
7proceeding which resulted in an order by which the inmate is
8committed or detained and to the correctional institution or
9institution responsible for housing the inmate. Each party shall
10have an opportunity to object and be heard as to the petition
11for alternative placement, the circumstances of placement, the
12conditions of return or any other relevant issue. The court
13shall ensure that any crime victim entitled to notification
14under [section 201(7) or (8) of the act of November 24, 1998
15(P.L.882, No.111), known as the Crime Victims Act] 44 Pa.C.S. § 
168201(7) or (8) (relating to rights), has been given notice and
17the opportunity to be heard on the petition. All parties served
18or notified under this subsection shall receive a copy of the
19final order adjudicating the petition.

20* * *

21§ 9799.26. Victim notification.

22* * *

23(b) Individual not determined to be sexually violent
24predator or sexually violent delinquent child.--If an individual
25is not determined to be a sexually violent predator or a
26sexually violent delinquent child, the victim shall be notified
27in accordance with [section 201 of the act of November 24, 1998
28(P.L.882, No.111), known as the Crime Victims Act] 44 Pa.C.S. § 
298201 (relating to rights).

30* * *

1Section 5. Part I of Title 44 is amended to read:

2PART I

3PRELIMINARY PROVISIONS

4[(Reserved)]

5Chapter

61. General Provisions

7CHAPTER 1

8GENERAL PROVISIONS

9Sec.

10101. Short title of title.

11§ 101. Short title of title.

12This title shall be known and may be cited as the Law and
13Justice Code.

14Section 6. Part III heading of Title 44 is amended to read:

15PART III

16[INCARCERATION] ADMINISTRATION OF LAW AND JUSTICE

17Section 7. Title 44 is amended by adding a chapter to read:

18CHAPTER 31

19PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY

20Sec.

213101. Definitions.

223102. Pennsylvania Commission on Crime and Delinquency.

233103. Powers and duties of commission.

243104. Duties of commission relative to criminal statistics.

253105. Duties of public agencies and officers in reporting
26criminal statistics.

273106. Juvenile Justice and Delinquency Prevention Committee.

283107. (Reserved).

293108. Justice reinvestment grants.

303109. Cooperation by other departments.

1§ 3101. Definitions.

2The following words and phrases when used in this chapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Commission." The Pennsylvania Commission on Crime and
6Delinquency.

7"Fund." The Justice Reinvestment Fund established under
8section 3108 (relating to justice reinvestment grants).

9"Innovative policing." The term shall include all of the
10following:

11(1) Activities to obtain accreditation of municipal
12police departments.

13(2) Online training of law enforcement officers.

14(3) County and regional law enforcement data-sharing
15initiatives.

16(4) Strategies to combat crime and gang activity,
17including intervention, enforcement, technology, analytical
18capacity and community policing.

19"Mid-minimum offender." An offender who at the time of
20sentencing has at least one but not more than two years
21remaining to be served to reach the offender's minimum sentence,
22including any applicable recidivism risk reduction incentive
23minimum sentence imposed.

24"Offender diversion." Evidence-based strategies to reduce
25the number of short-minimum and mid-minimum offenders committed
26to the Department of Corrections.

27"Private citizen." An individual who is not an elected or
28appointed official in a branch of government of the United
29States, the Commonwealth or a political subdivision.

30"Short-minimum offender." An offender who at the time of

1sentencing has less than one year remaining to be served to
2reach the offender's minimum sentence, including any applicable
3recidivism risk reduction incentive minimum sentence imposed.

4§ 3102. Pennsylvania Commission on Crime and Delinquency.

5(a) Establishment.--The Pennsylvania Commission on Crime and
6Delinquency is established as an administrative commission in
7the Governor's Office.

8(b) Composition.--The commission shall consist of the
9following members:

10(1) The Attorney General.

11(2) A justice of the Supreme Court of Pennsylvania or a 
12judge of the Superior Court of Pennsylvania.

13(3) The Court Administrator of Pennsylvania.

14(4) A judge of a court of common pleas.

15(5) The Commissioner of Pennsylvania State Police.

16(6) The chairman of the Appropriations Committee of the
17Senate and the chairman of the Appropriations Committee of
18the House of Representatives.

19(7) The chairman of the Juvenile Justice and Delinquency
20Prevention Committee.

21(8) Four members of the General Assembly, of whom one
22shall be designated by, and serve at the pleasure of, the
23President pro tempore of the Senate, one by the Minority
24Leader of the Senate, one by the Speaker of the House of
25Representatives and one by the Minority Leader of the House
26of Representatives.

27(9) Seven members appointed by the Governor, one
28representative of local law enforcement agencies, one
29representative of local correctional facilities, one
30representative of local elected officials, one district

1attorney representative, one representative of county
2sheriffs, one representative of a local victims' service
3agency and one representative of county commissioners.

4(10) The Secretary of Corrections.

5(11) The Victim Advocate.

6(12) The Secretary of Public Welfare.

7(13) The Secretary of Education.

8(14) The Secretary of Health.

9(15) The Chairman of the Pennsylvania Board of Probation
10and Parole.

11(16) The Executive Director of the Juvenile Court
12Judges' Commission.

13(17) The Executive Director of the Pennsylvania
14Commission on Sentencing.

15(18) The Secretary of Drug and Alcohol Programs.

16(19) The chairmen of the advisory committees established
17in the commission.

18(20) Such additional members appointed by the Governor
19as are necessary to implement programs authorized by Federal
20and State law.

21(c) Judicial appointments.--

22(1) The member required to be a judge of a court of
23common pleas shall be appointed by the Chief Justice.

24(2) The member required to be a justice of the Supreme
25Court of Pennsylvania or a judge of the Superior Court of
26Pennsylvania shall be appointed by the Chief Justice.

27(3) If the Court Administrator cannot serve as a member,
28the Chief Justice shall appoint another appropriate judicial
29administrative officer of the State to serve as that member.

30(d) Term of office.--

1(1) Members appointed under subsection (b)(9) and (20)
2shall serve for a four-year term and may be appointed for no
3more than one additional consecutive term. The terms of those
4members who serve by virtue of the public office they hold
5shall be concurrent with their service in the office from
6which they derive their membership.

7(2) The term of the chairman of the Juvenile Justice and
8Delinquency Prevention Committee shall be concurrent with the
9person's service as chairman of that committee.

10(e) Vacancies.--Should any member cease to be an officer or
11employee of the agency that the person is appointed to
12represent, the person's membership on the commission shall
13terminate immediately and a new member shall be appointed in the
14same manner as the person's predecessor to fill the unexpired
15portion of a term. Other vacancies occurring, except those by
16the expiration of a term, shall be filled for the balance of the
17unexpired term in the same manner as the original appointment.

18(f) Chairman.--The chairman shall be chosen by the Governor
19and shall serve at the pleasure of the Governor. A vice chairman
20shall be designated by the chairman and shall preside at
21meetings in the absence of the chairman.

22(g) Quorum.--A majority of the members shall constitute a
23quorum and a vote of the majority of the members present shall
24be sufficient for all actions.

25(h) Termination of appointment.--Three consecutive unexcused
26absences from regular meetings, except for temporary illness, or
27failure to attend at least 50% of the regularly called meetings
28in any calendar year shall be considered cause for termination
29of appointment.

30(i) Compensation and expenses.--Members who are not

1Commonwealth officers or State, county or municipal employees
2shall be paid $75 a day for attendance at any official meeting.
3Reasonable expenses incurred by members shall be allowed and
4paid upon the presentation of itemized vouchers for the
5expenses.

6(j) Executive director.--An executive director shall be
7appointed by the Governor after consultation with the members of
8the commission. The executive director shall be paid such
9compensation as the Executive Board may determine.

10(k) Employees.--The executive director may employ such
11personnel and contract for such consulting services as may be
12necessary and authorized to carry out the purposes of this
13chapter. Staff of the commission, other than the executive
14director, shall be employed in accordance with and subject to 
15the provisions of the act of August 5, 1941 (P.L.752, No.286), 
16known as the Civil Service Act.

17(l) (Reserved).

18(m) Meetings.--All meetings of the commission and of its
19advisory committees, at which formal action is taken, shall
20conform to 65 Pa.C.S. Ch. 7 (relating to open meetings).

21(n) Records.--The commission and any advisory committee
22established for the purposes of this chapter shall provide for
23public access to all records relating to its functions under
24this chapter, except such records as are required to be kept
25confidential by any provision of Federal or State law.

26(o) State Criminal Justice Council.--The commission is
27designated as the State Criminal Justice Council for the
28purposes of the Omnibus Crime Control and Safe Streets Act of
291968 (Public Law 90-351, 82 Stat. 197) and the Juvenile Justice
30and Delinquency Prevention Act of 1974 (Public Law 93-415, 88

1Stat. 1109).

2§ 3103. Powers and duties of commission.

3The commission shall have the power and its duty shall be:

4(1) To prepare and at least once every two years update
5a comprehensive juvenile justice plan on behalf of the
6Commonwealth based on an analysis of the Commonwealth's needs
7and problems, including juvenile delinquency prevention.

8(2) To apply for, contract for, receive, allocate,
9disburse and account for funds, grants-in-aid, grants of
10services and property, real and personal, particularly those
11funds made available under the Juvenile Justice and
12Delinquency Prevention Act of 1974 (Public Law 93-415, 88
13Stat. 1109).

14(3) To receive applications for financial assistance
15from State agencies, units of general local government and
16combinations thereof, private nonprofit organizations and
17other proper applicants, and to disburse available Federal
18and State funds to such applicants in accordance with the
19provisions of applicable statutes and regulations and in
20conformity with the comprehensive plan.

21(4) To establish such fund accounting, auditing,
22monitoring and evaluation procedures as may be necessary to
23assure fiscal control, proper management and disbursement of
24grant funds, including the requirements of supporting records
25being submitted to the disbursing agency by persons requiring
26reimbursement, and to establish such procedures as may be
27necessary to assure compliance with nondiscrimination
28requirements.

29(5) To audit the records of recipients of financial
30assistance and of their contractors and, for the purpose of

1such audits, to have access to all pertinent records required
2to be kept by recipients of financial assistance and by their
3contractors. The commission shall have the power to subpoena
4witnesses and records in the execution of its auditing
5responsibilities and, upon certification to it of failure to
6obey any such subpoena, the Pennsylvania Supreme Court is
7empowered after hearing to enter, when proper, an
8adjudication of contempt and such other order as the
9circumstances require.

10(6) To monitor and evaluate program effectiveness,
11funded in whole or in part by the Commonwealth through the
12commission aimed at reducing or preventing crime and
13delinquency and improving the administration of justice as
14deemed appropriate.

15(6.1) To define and collaborate with all State agencies
16on planning and programming related to juvenile delinquency
17prevention and the reduction and prevention of violence by
18and against children.

19(6.2) To design and promote comprehensive research-based
20initiatives to assist communities and community-based
21organizations in reducing risk to and promoting the positive
22development of children and in preventing juvenile
23delinquency and youth violence.

24(7) To define, develop and coordinate programs and
25projects and establish priorities for crime prevention and
26for improvement in law enforcement, criminal justice and
27juvenile justice throughout this Commonwealth.

28(8) (Reserved).

29(9) To cooperate with and render technical assistance to
30the General Assembly or a standing committee of the General

1Assembly, State agencies, units of general local government
2and public and private agencies relating to the improvement
3of the criminal and juvenile justice system, including the
4implementation of special conferences or workshops relating
5to special issues or professional improvement of criminal
6justice organizations.

7(10) To establish, and the chairman of the commission to
8appoint, such subcommittees as it deems proper.

9(11) To submit an annual report to the Governor and the
10General Assembly concerning its work during the preceding
11fiscal year. Other studies, evaluations and reports may be
12submitted to the Governor or the General Assembly as deemed
13appropriate.

14(12) To promulgate such rules and regulations as the
15commission deems necessary for the proper administration of
16this chapter.

17(13) To promote coordination in the development and
18implementation of programs to improve criminal justice and
19juvenile justice services throughout the Commonwealth.

20(14) To advise and assist the executive and legislative
21branches of State government, upon their request, in
22developing policies, plans, programs and budgets for
23improving the coordination, administration and effectiveness
24of the criminal and juvenile justice systems.

25(15) To prepare special reports and studies of criminal
26justice issues upon the request of the Governor or the
27General Assembly or a standing committee of the General
28Assembly.

29(16) To design and to coordinate the development and to
30oversee the implementation of an information system to record

1transactions and to analyze trends within the Commonwealth's
2criminal justice system.

3(17) (Reserved).

4(18) To establish advisory committees, in addition to
5those provided for under this chapter, as it deems advisable,
6except that only the commission may set policy or take other
7official action. Members of advisory committees shall serve
8without compensation but may be reimbursed for necessary
9travel and other expenses in accordance with applicable law
10and regulations.

11(19) To establish within the commission, a safe school
12advocate for the school district of the first class under
13section 1311-A of the act of March 10, 1949 (P.L.30, No.14),
14known as the Public School Code of 1949.

15§ 3104. Duties of commission relative to criminal statistics.

16The commission shall have the power and its duty shall be:

17(1) To obtain statistical data necessary from all
18persons and agencies listed in section 3105 (relating to
19duties of public agencies and officers in reporting criminal
20statistics) and from any other appropriate source.

21(2) (Reserved).

22(3) To request the form and content of records which
23must be kept by such persons and agencies in order to ensure
24the correct reporting of statistical data to the commission.

25(4) To instruct such persons and agencies in the
26collection and use of such statistical data and in the
27reporting of statistical data to the commission.

28(5) To process, tabulate, analyze and interpret the
29statistical data obtained from such persons and agencies to
30evaluate the effectiveness of grant awards.

1(6) To supply, at their request, to Federal bureaus or
2departments engaged in the collection of national criminal
3statistics data they need from this Commonwealth.

4(7) (Reserved).

5(8) To assist or advise in a statistical and research
6capacity as requested by the Department of Corrections, the
7Pennsylvania Board of Probation and Parole, the Pennsylvania
8State Police, the Juvenile Court Judges' Commission and the
9Court Administrator.

10(9) To give adequate interpretation of such statistics
11and so to present the information that it may be of value in
12guiding the policies of the commission and of those in charge
13of the apprehension, prosecution and treatment of the
14criminals and delinquents or concerned with the present state
15of crime and delinquency. The report shall include statistics
16which are comparable with national uniform criminal
17statistics published by Federal bureaus or departments
18heretofore mentioned.

19(10) To seek and utilize all available Federal funds and
20establish new programs as well as undertake a continuous
21analysis of future data needs.

22§ 3105. Duties of public agencies and officers in reporting
23criminal statistics.

24Each Commonwealth agency and person in charge of the
25apprehension, prosecution and treatment of the criminals and
26delinquents, when requested by the commission, shall:

27(1) Install and maintain records and recording systems
28needed for the correct reporting of statistical data required
29by the commission.

30(2) Report statistical data to the commission at such

1times and in such manner as the commission prescribes.

2(3) Give to the staff of the commission access to
3statistical data for the purpose of carrying out the duties
4of the commission relative to criminal statistics.

5§ 3106. Juvenile Justice and Delinquency Prevention Committee.

6(a) Establishment.--The Juvenile Justice and Delinquency
7Prevention Committee is established within the commission.

8(a.1) Composition.--The members of the committee shall be
9appointed by the Governor and shall include:

10(1) The Executive Director of the Juvenile Court Judges'
11Commission.

12(2) Representatives of units of local government, law
13enforcement and juvenile justice agency probation personnel,
14juvenile court judges, public and private agencies and
15organizations concerned with delinquency prevention or
16treatment and services to delinquency prevention or treatment
17and services to dependent children, community-based
18prevention in-treatment programs, organizations concerned
19with the quality of juvenile justice or that utilize
20volunteers to work with delinquent or dependent children,
21businesses employing youth, youth workers involved with
22alternative youth programs, persons with special experience
23and competence in addressing the problem of school violence
24and vandalism and the problem of learning disabilities and
25representatives of public agencies concerned with special
26education.

27(a.2) Term.--Members shall serve a four-year term and may be
28appointed for no more than one additional consecutive term.

29(b) Number and qualifications.--

30(1) The committee shall consist of no less than 15

1members or more than 33 members, all of whom shall have had
2training or experience in juvenile justice.

3(2) A majority of the members shall not be full-time
4employees of the Federal, State or local governments.

5(3) At least one-fifth of the membership shall be less
6than 24 years of age at the time of appointment. At least
7three of those members of the committee shall have been or
8are currently under the jurisdiction of the juvenile justice
9system.

10(c) Conditions of appointment.--The committee and its
11members are subject to the same limitations and conditions
12imposed upon the commission as prescribed in section 3102(d),
13(e), (h), (i), (m) and (n) (relating to Pennsylvania Commission
14on Crime and Delinquency).

15(d) Quorum.--A majority of the members shall constitute a
16quorum, and a vote of the majority of the members present shall
17be sufficient for all actions.

18(e) Chairman.--

19(1) The Governor shall appoint a chairman from among the
20members of the committee who shall serve at the pleasure of
21the Governor.

22(2) A vice chairman shall be designated by the chairman
23and preside at meetings in the absence of the chairman.

24(3) The committee shall meet at the call of the
25chairman, but not less than four times a year.

26(f) Powers and duties.--The Juvenile Justice and Delinquency
27Prevention Committee shall:

28(1) Serve in an advisory capacity to the commission
29through the committee's participation in the development of
30that part of the commission's comprehensive plan relating to

1juvenile justice and delinquency prevention.

2(2) Perform those functions related to the direct
3approval and disbursement of financial assistance in an
4advisory capacity only, but the advisory committee shall have
5the opportunity to review and comment on such applications
6within 30 days after receipt of the application from the
7commission.

8(3) Advise the commission on the definition, development
9and correlation of programs and projects and the
10establishment of priorities for juvenile justice and
11delinquency prevention.

12(4) Develop standards, methods and procedures for
13evaluating and monitoring services for delinquent and
14dependent children.

15(5) Upon request, provide assistance and advice to the
16commission on any other matters relating to juvenile justice
17and delinquency prevention.

18(6) Submit to the Governor and the General Assembly such
19reports as may be required by Federal law.

20(7) Advise the commission in defining and collaborating
21with all State agencies on planning and programming related
22to juvenile delinquency prevention and the reduction and
23prevention of violence by and against children.

24(8) Advise and assist the commission in designing and
25promoting comprehensive research-based initiatives to assist
26communities and community-based organizations in reducing
27risk to and promoting the positive development of children
28and in preventing juvenile delinquency and youth violence.

29(g) Staff support.--Staff support shall be made available to
30the committee by the executive director in order to adequately

1perform the duties provided for under this section.

2§ 3107. (Reserved).

3§ 3108. Justice reinvestment grants.

4(a) Justice Reinvestment Fund.--The Justice Reinvestment
5Fund is established within the State Treasury to support
6programs and activities to improve the delivery of criminal
7justice services within this Commonwealth.

8(b) Savings assessment.--For fiscal years 2013-2014 through
92017-2018, the Office of the Budget shall develop a formula to
10calculate the amount of savings to the Department of Corrections
11in the prior fiscal year. The calculation may include all of the
12following:

13(1) The reduction in prison population because of the
14diversion to counties of mid-minimum and short-minimum
15offenders.

16(2) The elimination of prerelease programs and the
17improved efficiencies in the parole system directly resulting
18from the act of July 5, 2012 (P.L.1050, No.122), entitled "An
19act amending Titles 18 (Crimes and Offenses), 42 (Judiciary
20and Judicial Procedure) and 61 (Prisons and Parole) of the
21Pennsylvania Consolidated Statutes, in burglary and other
22criminal intrusion, further providing for the offense of
23burglary; in other offenses, further providing for drug
24trafficking sentencing and penalties; in Pennsylvania
25Commission on Sentencing, further providing for powers and
26duties and for publication of guidelines; in sentencing,
27further providing for sentences for second and subsequent
28offenses; in sentencing, providing for sentencing for certain
29paroled offenders; in sentencing, further providing for
30sentencing generally, for disposition under guilty but

1mentally ill, for partial confinement, for total confinement
2and for proceedings and location; in sentencing, providing
3for court-imposed sanctions for offenders violating
4probation; in county intermediate punishment, further
5providing for definitions and for programs; in correctional
6institutions administration, further providing for drug
7distribution definitions; in inmate confinement visitation,
8further providing for Gubernatorial visitors, for official
9visitors and for rights of official visitors; in inmate
10confinement prerelease plans, further providing for
11establishment of prerelease centers, for prerelease plan for
12inmates, for regulations and for compensation of inmates; in
13inmate confinement motivational boot camps, further providing
14for definitions and for selection of inmate participants; in
15inmate confinement State intermediate punishment, further
16providing for definitions and for referral to State
17intermediate punishment program; in inmate confinement
18recidivism risk reduction incentive, further providing for
19definitions; in inmate confinement community corrections
20facilities, further providing for definitions; in inmate
21confinement, providing for safe community reentry and for
22community corrections centers and community corrections
23facilities; in probation and parole administration, further
24providing for certain offenders residing in group-based
25homes, for administrative powers over parolees, for general
26court criteria for parole, for parole power, for parole
27violation and for parole procedure; in probation and parole
28administration, providing for early parole subject to Federal
29order; making a related repeal; and abrogating regulations."

30(c) Deposit.--

1(1) In fiscal year 2013-2014, 75% of the amounts
2determined to be savings under subsection (b) are hereby
3appropriated to the fund.

4(2) In fiscal year 2014-2015, the amounts determined to
5be savings under subsection (b) are hereby appropriated to
6the fund in an amount not to exceed $21,000,000.

7(d) Distributions.--For fiscal years 2013-2014 and 2014-
82015, the money in the fund shall be transferred as follows:

9(1) The sum of $1,000,000 shall be distributed to the
10commission. At least 25% of the money under this paragraph
11shall be used for a Statewide automated victim information
12and notification system, 25% shall be used for victim service
13automated data collection and reporting projects and the
14balance of the money under this paragraph shall be used for
15programs for victims of juvenile offenders.

16(2) The sum of $400,000 shall be distributed to the
17Pennsylvania Commission on Sentencing to establish models for
18risk assessment under 42 Pa.C.S. § 2154.7 (relating to
19adoption of risk assessment instrument).

20(3) Following distribution under paragraphs (1) and (2),
21the remaining money in the fund shall be distributed as
22follows:

23(i) Forty-three percent to the commission to provide
24grants for innovative policing.

25(ii) Twenty-one percent to the Department of
26Corrections to implement contracts with counties for
27offender diversion for mid-minimum offenders and short-
28minimum offenders.

29(iii) Twenty-six percent to the commission for
30grants, in consultation with the Pennsylvania Board of

1Probation and Parole, for county probation improvement,
2to include the reduction of offenders on probation who
3violate the terms of their supervision.

4(iv) Six percent to the board for costs related to
5streamlining the State parole process.

6(v) Four percent to the department to support the
7coordinated implementation by the board and the
8department of the program under 61 Pa.C.S. Ch. 49
9(relating to safe community reentry), including the
10outreach to and use of community organizations and other
11nonprofit and for-profit entities.

12(e) Appropriation.--Beginning in fiscal year 2013-2014, if
13county participation in the program under subsection (d)(3)(ii)
14exceeds the amount authorized, the General Assembly may
15appropriate additional money to the fund for offender diversion
16for mid-minimum offenders and short-minimum offenders.

17(f) Additional distributions.--For fiscal years 2015-2016
18through 2017-2018, 25% of the amount determined to be savings
19under subsection (b) shall be deposited in the fund and
20appropriated by the General Assembly for activities related to
21sentencing, victim services, contracts for offender diversion,
22innovative policing, community reentry programs or probation and
23county parole improvement.

24(g) Restriction.--Grants awarded under this section shall be
25annual grants and shall be used to supplement and not supplant
26existing funding, including funding provided by county
27governments and grant-in-aid under 61 Pa.C.S. § 6133(c)
28(relating to probation services).

29(h) Criteria.--The commission, in consultation with the
30board, shall adopt criteria for the award of grants by the

1commission under this section.

2(i) Expiration.--This section shall expire July 15, 2018.

3§ 3109. Cooperation by other departments.

4The various administrative departments, boards and
5commissions shall cooperate so far as practicable with the
6commission in the performance of its duties under this chapter,
7except as provided in sections 3104 (relating to duties of
8commission relative to criminal statistics) and 3105 (relating
9to duties of public agencies and officers in reporting criminal
10statistics).

11Section 8. Part IV heading of Title 44 is amended to read:

12PART IV

13OTHER OFFICERS AND

14OFFICIALS

15Section 9. Title 44 is amended by adding chapters to read:

16CHAPTER 73

17SHERIFFS AND DEPUTY SHERIFFS

18Subchapter

19A. General Provisions (Reserved)

20B. (Reserved)

21C. Deputy Sheriffs' Education and Training

22SUBCHAPTER A

23GENERAL PROVISIONS

24(RESERVED)

25SUBCHAPTER B

26(RESERVED)

27SUBCHAPTER C

28DEPUTY SHERIFFS' EDUCATION AND TRAINING

29Sec.

307321. Scope of subchapter.

17322. Definitions.

27323. The Deputy Sheriffs' Education and Training Board.

37324. Powers and duties of the board.

47325. Training program.

57326. Continuing education.

67327. Training requirement.

77328. Deputy Sheriffs' Education and Training Account.

87329. Reimbursement to counties.

9§ 7321. Scope of subchapter.

10This subchapter provides for deputy sheriffs' education and
11training.

12§ 7322. Definitions.

13The following words and phrases when used in this subchapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Account." The Deputy Sheriffs' Education and Training
17Account.

18"Board." The Deputy Sheriffs' Education and Training Board.

19"Commission." The Pennsylvania Commission on Crime and
20Delinquency.

21§ 7323. The Deputy Sheriffs' Education and Training Board.

22(a) Establishment.--The Deputy Sheriffs' Education and
23Training Board is established within the commission.

24(b) Composition.--The board shall be composed of the
25following members:

26(1) The Attorney General.

27(2) Two judges of the courts of common pleas from
28different counties.

29(3) Two sheriffs or chief deputies from different
30counties with a minimum of six years' experience as a sheriff

1or chief deputy.

2(4) Three individuals from different counties with a
3minimum of eight years' experience each as a deputy sheriff.
4One of the three shall be currently employed in the capacity
5of deputy sheriff with the rank of sergeant or deputy
6sheriff.

7(5) One educator qualified in the field of curriculum
8design.

9(6) One county commissioner.

10(c) Appointments and terms.--All members of the board, other
11than the Attorney General, who shall be a permanent member,
12shall be appointed by the Governor for a period of three years.
13Any member of the board shall cease to be a member of said board
14immediately upon termination of service in the position by which
15that person was eligible for membership or appointed as a member
16of the board.

17(d) Vacancies.--A member appointed to fill a vacancy created
18by any reason other than expiration of a term shall be appointed
19for the unexpired term of the member whom he is to succeed in
20the same manner as the original appointment.

21(e) Expenses.--The members of the board shall serve without
22compensation but shall be reimbursed the necessary and actual
23expenses incurred in attending the meetings of the board and in
24the performance of their duties under this subchapter.

25(f) Removal.--Members of the board, other than the Attorney
26General, may be removed by the Governor for good cause upon
27written notice from the Governor specifically stating the cause
28for removal.

29(g) Chairman.--The members of the board shall elect a
30chairman from among the members to serve for a period of one

1year. A chairman may be elected to serve successive terms.

2(h) Meetings and quorum.--The board shall meet at least four
3times each year. Special meetings may be called by the chairman
4of the board or upon written request of three members. A quorum
5shall consist of five members.

6§ 7324. Powers and duties of the board.

7The board, with the review and approval of the commission,
8shall:

9(1) Establish, implement and administer the Deputy
10Sheriffs' Education and Training Program according to the
11minimum requirements set forth in this subchapter.

12(2) Establish, implement and administer requirements for
13the minimum courses of study and training for deputy
14sheriffs.

15(3) Establish, implement and administer requirements for
16courses of study and in-service training for deputy sheriffs
17appointed prior to August 9, 1984.

18(4) Establish, implement and administer requirements for
19a continuing education program for all deputy sheriffs
20concerning subjects the board may deem necessary and
21appropriate for the continued education and training of
22deputy sheriffs.

23(5) Approve or revoke the approval of any school which
24may be utilized to comply with the educational and training
25requirements of this subchapter.

26(6) Establish the minimum qualifications for instructors
27and certify instructors.

28(7) Consult and cooperate with universities, colleges,
29law schools, community colleges and institutes for the
30development of specialized courses for deputy sheriffs.

1(8) Promote the most efficient and economical program
2for deputy sheriffs' training by utilizing existing
3facilities, programs and qualified State and local personnel.

4(9) Certify deputy sheriffs who have satisfactorily
5completed the basic education and training requirements of
6this act and issue appropriate certificates to them.

7(10) Make rules and regulations and perform other duties
8as may be reasonably necessary or appropriate to administer
9the education and training program for deputy sheriffs.

10(11) Make an annual report to the Governor and to the
11General Assembly concerning:

12(i) The administration of the Deputy Sheriffs'
13Education and Training Program.

14(ii) The activities of the board.

15(iii) The costs of the program.

16§ 7325. Training program.

17The Deputy Sheriffs' Education and Training Program shall
18include appropriate training for not less than 160 hours which
19content and hours of instruction shall be determined by the
20board, subject to the review and approval of the commission.

21§ 7326. Continuing education.

22The board, with the review and approval of the commission,
23shall establish a continuing education program for all deputy
24sheriffs, which shall include not less than 20 hours of
25continuing education every two years, concerning subjects the
26board may deem necessary and appropriate for the continued
27education and training of deputy sheriffs.

28§ 7327. Training requirement.

29(a) Diploma.--No person shall be employed or appointed as a
30deputy sheriff unless the person is a high school graduate or

1has received a secondary school diploma on the basis of general
2education development (GED).

3(b) Prior education, training or experience.--The board,
4with the review and approval of the commission, may reduce the
5hours of education and training required in section 7325
6(relating to training program) for those deputy sheriffs
7required to receive education and training who, because of prior
8education, training or experience, have acquired knowledge or
9skill equivalent to that provided by the program.

10(c) Time period.--Any new deputy hired by the sheriff after
11July 1, 1985, shall have one year in which to complete his or
12her training.

13(d) Continuing education.--Any full-time or part-time deputy
14sheriff who fails to meet and fails to be certified as having
15met the requirements for continuing education established by the
16board, with the review and approval of the commission, shall be
17ineligible to receive any salary, compensation or other
18consideration or thing of value for the performance of his
19duties as a deputy sheriff.

20(e) Penalty.--Any official of any county who orders,
21authorizes or pays a salary or compensation or other
22consideration or thing of value to any person in violation of
23this section commits a summary offense and shall, upon
24conviction, be sentenced to pay a maximum fine of $500 or to
25imprisonment for a term not to exceed 30 days.

26§ 7328. Deputy Sheriffs' Education and Training Account.

27(a) Establishment.--The Deputy Sheriffs' Education and
28Training Account is established as a special restricted receipts
29account within the General Fund for the purpose of financing
30training program expenses, the costs of administering the

1program, reimbursements to counties and all other costs
2associated with the activities of the board and the
3implementation of this chapter.

4(b) Surcharge.--A surcharge shall be assessed on each fee
5collected by the sheriff of every county upon acceptance for
6each service required for any complaint, summons, writ or other
7legal paper required to be served or posted by the sheriff. The
8amount of the surcharge shall be $10.

9(b.1) Surcharge in counties of first and second class.--

10(1) In counties of the first and second class, a
11surcharge shall be collected by the prothonotary of that
12county for each defendant named in a document filed to
13commence an action under Pa.R.C.P. No.1007, except when
14service is made by a competent adult in the actions listed in
15Pa.R.C.P. Nos.400(b) and 400.1(c).

16(2) One dollar of the surcharge shall be retained by the
17prothonotary to cover administrative costs incurred by
18collecting the surcharge and to support any technology and
19automation improvements or upgrades for the prothonotary, and
20the balance shall be transmitted semiannually to the State
21Treasurer for deposit into the account. The amount of the
22surcharge shall be $11.

23(c) Disposition of moneys collected.--The moneys collected
24under subsection (b) shall be forwarded semiannually by the
25sheriff of an individual county to the State Treasurer for
26deposit into the account. All moneys received by the State
27Treasurer in excess of the amount necessary to cover the costs
28and expenses of the training program shall be transferred from
29the special restricted receipts account to the General Fund of
30the Commonwealth on an annual basis with such reserve maintained

1as will be adequate to assure the continued operation of the
2Deputy Sheriffs' Education and Training Program.

3(d) Disbursements.--Disbursements from the account shall be
4made by the commission.

5(e) Audit.--The Auditor General shall conduct an audit of
6the account as the Auditor General may deem necessary or
7advisable from time to time but no less often than once every
8three years.

9§ 7329. Reimbursement to counties.

10Each county shall pay the ordinary and necessary living and
11travel expenses and the regular salary of its deputy sheriffs
12while attending approved schools. The commission shall provide
13for reimbursement to each county of 100% of the regular salaries
14of its deputy sheriffs and 100% of the ordinary and necessary
15living and travel expenses incurred by its deputy sheriffs while
16attending certified deputy sheriffs' basic training or
17continuing education schools if the county adheres to the
18training standards required by this chapter and established by
19the board with the review and approval of the commission. The
20commission shall provide for 100% of the tuition incurred by
21deputy sheriffs while attending certified deputy sheriffs' basic
22training or continuing education schools.

23CHAPTER 75

24VICTIM ADVOCATE

25Sec.

267501. Office of Victim Advocate.

277502. Victim advocate.

287503. Powers and duties of victim advocate.

297511. Preparole notification to victim.

307512. Petitions to deny parole upon expiration of minimum

1sentence.

2§ 7501. Office of Victim Advocate.

3(a) Establishment.--The Office of Victim Advocate is
4established within the Pennsylvania Board of Probation and
5Parole to represent the interests of crime victims before the
6board or Department of Corrections. The office shall operate
7under the direction of the victim advocate as provided in this
8chapter.

9(b) Service and employees.--The victim advocate shall
10operate from the central office of the board with such clerical,
11technical and professional staff as may be available within the
12budget of the board. The compensation of employees of the office
13shall be set by the Executive Board.

14§ 7502. Victim advocate.

15(a) Appointment.--The victim advocate shall be appointed by
16the Governor, by and with the consent of a majority of all of
17the members of the Senate.

18(b) Qualifications.--The victim advocate must be an
19individual who:

20(1) By reason of training and experience is qualified to
21represent the interests of individual crime victims before
22the Pennsylvania Board of Probation and Parole.

23(2) Has at least six years of professional experience in
24victim advocacy, social work or related areas, including one
25year in a supervisory or administrative capacity, and a
26bachelor's degree. Any equivalent combination of experience
27and training shall be acceptable.

28(c) Term of office.--

29(1) The victim advocate shall hold office for a term of
30six years and until a successor shall have been duly

1appointed and qualified but in no event more than 90 days
2beyond the expiration of the appointed term.

3(2) A vacancy occurring for any reason shall be filled
4in the manner provided by section 8 of Article IV of the
5Constitution of Pennsylvania for the remainder of the term.
6Whenever the victim advocate's term expires, that position
7shall be immediately deemed a vacancy, and the Governor shall
8nominate a person to fill that position within 90 days of the
9date of expiration even if the victim advocate continues in
10office.

11(d) Compensation.--Compensation shall be set by the
12Executive Board as defined by the act of April 9, 1929 (P.L.177,
13No.175), known as The Administrative Code of 1929.

14§ 7503. Powers and duties of victim advocate.

15The victim advocate has the following powers and duties:

16(1) To represent the interests of individual crime
17victims before the Pennsylvania Board of Probation and
18Parole, Department of Corrections or hearing examiner.

19(2) To supervise the victim notification duties
20presently conducted by the board.

21(3) To assist in and coordinate the preparation of
22testimony by the crime victims as provided in sections
237511(c) (relating to preparole notification to victim) and
247512 (relating to petitions to deny parole upon expiration of
25minimum sentence) or the submission of oral, written or
26videotaped comments by crime victims prior to a release
27decision.

28(4) To represent the interests of a crime victim under
29section 7512.

30(5) To act as a liaison with the victim notification

1program director in the department to coordinate victim
2notification and services for the department and the board.
3The victim advocate may address the interests of all victims
4before the board, department or hearing examiner concerning
5any issues determined appropriate by the victim advocate.

6§ 7511. Preparole notification to victim.

7(a) Persons to be notified.--No later than 90 days prior to
8the parole date of an offender, the victim advocate shall notify
9the victim of the offense for which the offender was sentenced,
10the parent or legal guardian of a victim who is a minor or a
11member of the family if the victim is incapable of communicating
12or has died and shall provide the appropriate person with an
13opportunity to submit a preparole statement expressing concerns
14or recommendations regarding the parole or parole supervision of
15the offender.

16(b) Enrollment.--A victim or member of the family shall
17notify the victim advocate of the victim's or family member's
18intent to submit a preparole statement regarding the parole or
19parole supervision of the offender. The notice shall include a
20mailing address or change of address notification.

21(c) Procedure.--

22(1) The victim advocate shall notify the person at the
23person's last known mailing address.

24(2) The person shall submit the oral, written or
25videotaped preparole statement to the victim advocate within
2630 days of the date of notice.

27(3) The preparole statement shall be considered by the
28Pennsylvania Board of Probation and Parole during preparation
29of the parole plan.

30§ 7512. Petitions to deny parole upon expiration of minimum

1sentence.

2(a) Petition.--Upon the request of a victim who has notified
3the board in writing of the victim's desire to have input and
4make comment prior to a parole release decision, the victim
5advocate shall petition the Pennsylvania Board of Probation and
6Parole:

7(1) as to the special conditions of release which may be
8imposed; or

9(2) that the offender should not be paroled based upon
10the statement that the victim submitted under section 7511
11(relating to preparole notification to victim).

12(b) Appearance.--

13(1) The victim or the victim's representative shall be
14permitted to appear in person and provide testimony before
15the panel or the majority of those Pennsylvania Board of
16Probation and Parole members charged with making the parole
17release decision or, in the alternative, the victim's or
18victim's representative's testimony may be presented by
19electronic means as provided by the board.

20(2) The testimony of a victim or victim's representative
21shall be confidential. Records maintained by the Department
22of Corrections and the board pertaining to victims shall be
23kept separate from other records, and these victim records,
24including current address, telephone number and any other
25personal information of the victim and family members, shall
26be deemed confidential.

27(c) Action.--The Pennsylvania Board of Probation and Parole,
28upon petition and after an interview, may do any of the
29following:

30(1) Order that special conditions of parole be placed

1upon the offender or the offender not be paroled based upon
2the continuing effect of the crime on the victim.

3(2) Order that the offender not be paroled if the board
4finds that:

5(i) the offender would pose a risk or danger to the
6victim or the family of the victim, if the offender were
7released on parole; or

8(ii) the interests of the Commonwealth would
9otherwise be injured.

10(d) Notice.--The Pennsylvania Board of Probation and Parole
11shall notify the victim of its decision prior to a release of
12the offender.

13(e) District attorney.--Notwithstanding any other statutory
14provision, the office of the district attorney of the sentencing
15county may notify a crime victim of a pending release decision
16and act on the victim's behalf or on its own initiative to
17submit comments and represent the interests of a crime victim
18before the Pennsylvania Board of Probation and Parole prior to a
19release decision.

20Section 10. Title 44 is amended by adding a part to read:

21PART V

22VICTIM SERVICES

23Chapter

2481. Preliminary Provisions

2582. Crime Victims

2683. Administration

2785. (Reserved)

2887. Compensation

2989. Services

3091. Financial Matters

193. Enforcement

295. Miscellaneous Provisions

3CHAPTER 81

4PRELIMINARY PROVISIONS

5Sec.

68101. Short title of part.

78102. Legislative intent.

88103. Definitions.

9§ 8101. Short title of part.

10This part shall be known and may be cited as the Crime
11Victims Act.

12§ 8102. Legislative intent.

13The General Assembly finds and declares as follows:

14(1) In recognition of the civic and moral duty of
15victims of crime to fully and voluntarily cooperate with law
16enforcement and prosecutorial agencies and in further
17recognition of the continuing importance of victim
18cooperation to State and local law enforcement efforts and
19the general effectiveness and well-being of the criminal
20justice system of this Commonwealth, all victims of crime are
21to be treated with dignity, respect, courtesy and
22sensitivity.

23(2) The rights extended to victims of crime in Chapter
2482 (relating to crime victims) are to be honored and
25protected by law enforcement agencies, prosecutors and judges
26in a manner no less vigorous than the protections afforded
27criminal defendants.

28§ 8103. Definitions.

29The following words and phrases when used in this part shall
30have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Adult." Any of the following:

3(1) An individual charged with a crime who is 18 years
4of age or older.

5(2) An individual who is subject to criminal court
6jurisdiction following the transfer of a case to criminal
7proceedings.

8(3) An individual who is subject to criminal court
9jurisdiction after having been charged with a crime excluded
10from paragraph (2)(i), (ii), (iii) or (v) of the definition
11of "delinquent act" under 42 Pa.C.S. § 6302 (relating to
12definitions).

13"Board." The Pennsylvania Board of Probation and Parole.

14"Chief administrator." As defined in 61 Pa.C.S. § 102
15(relating to definitions).

16"Claimant." The person filing a claim under Chapter 87
17(relating to compensation).

18"Commission." The Pennsylvania Commission on Crime and
19Delinquency.

20"Committee." The Victims' Services Advisory Committee
21established in section 8321 (relating to Victims' Services
22Advisory committee).

23"Correctional institution." As defined in 61 Pa.C.S. § 102
24(relating to definitions).

25"County correctional institution." As defined in 61 Pa.C.S.
26§ 102 (relating to definitions). The term does not include a
27facility used for the detention or confinement of juveniles.

28"Crime." An act which was committed:

29(1) In this Commonwealth by a person, including a
30juvenile, without regard to legal exemption or defense which

1would constitute a crime under the following:

2(i) The act of April 14, 1972 (P.L.233, No.64),
3known as The Controlled Substance, Drug, Device and
4Cosmetic Act.

5(ii) Any provision of:

618 Pa.C.S. (relating to crimes and offenses).

730 Pa.C.S. § 5502 (relating to operating
8watercraft under influence of alcohol or controlled
9substance).

1030 Pa.C.S. § 5502.1 (relating to homicide by
11watercraft while operating under influence).

12The former 75 Pa.C.S. § 3731 (relating to driving
13under influence of alcohol or controlled substance).

1475 Pa.C.S. § 3732 (relating to homicide by
15vehicle).

1675 Pa.C.S. § 3735 (relating to homicide by
17vehicle while driving under influence).

1875 Pa.C.S. § 3735.1 (relating to aggravated
19assault by vehicle while driving under the
20influence).

2175 Pa.C.S. § 3742 (relating to accidents
22involving death or personal injury).

2375 Pa.C.S. Ch. 38 (relating to driving after
24imbibing alcohol or utilizing drugs).

25(iii) The laws of the United States.

26(2) Against a resident of this Commonwealth which would
27be a crime under paragraph (1) but for its occurrence in a
28location other than this Commonwealth.

29(3) Against a resident of this Commonwealth which is an
30act of international terrorism.

1"Department." The Department of Corrections of the
2Commonwealth.

3"Direct victim." An individual against whom a crime has been
4committed or attempted and who as a direct result of the
5criminal act or attempt suffers physical or mental injury, death
6or the loss of earnings under this part. The term shall not
7include the alleged offender. The term includes a resident of
8this Commonwealth against whom an act has been committed or
9attempted which otherwise would constitute a crime as defined in
10this part but for its occurrence in a location other than this
11Commonwealth and for which the individual would otherwise be
12compensated by the crime victim compensation program of the
13location where the act occurred but for the ineligibility of
14such program under the provisions of the Victims of Crime Act of
151984 (Public Law 98-473, 42 U.S.C. § 10601 et seq.).

16"Dispositional proceeding." A proceeding which occurs in
17open common pleas court which potentially could dispose of the
18case. The term includes Accelerated Rehabilitative Disposition,
19pleas, trial and sentence.

20"Diversionary program." A program which is used to divert a
21defendant to an alternative form of disposition under the
22Pennsylvania Rules of Criminal Procedure or statutory authority.
23The term includes dispositions authorized by Rules 160, 176 and
24314 of the Pennsylvania Rules of Criminal Procedure and sections
2517 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
26as The Controlled Substance, Drug, Device and Cosmetic Act.

27"Family." When used in reference to an individual:

28(1) anyone related to that individual within the third
29degree of consanguinity or affinity;

30(2) anyone maintaining a common-law relationship with

1the individual; or

2(3) anyone residing in the same household with the
3individual.

4"Injury." Includes physical or mental damages incurred as a
5direct result of a crime and aggravation of existing injuries if
6additional losses can be attributed to the direct result of a
7crime.

8"International terrorism." Activities which meet all of the
9following:

10(1) Involve violent acts or acts dangerous to human life
11that are a violation of the criminal laws of the United
12States or of any state or that would be a criminal violation
13if committed within the jurisdiction of the United States or
14of any state.

15(2) Appear to be intended:

16(i) to intimidate or coerce a civilian population;

17(ii) to influence the policy of a government by
18intimidation or coercion; or

19(iii) to affect the conduct of a government by
20assassination or kidnapping.

21(3) Occur primarily outside of the territorial
22jurisdiction of the United States or transcend national
23boundaries in terms of the means by which they are
24accomplished, the persons they appear intended to intimidate
25or coerce or the locale in which their perpetrators operate
26or seek asylum.

27"Intervenor." An individual who goes to the aid of another
28and suffers physical or mental injury or death as a direct
29result of acting not recklessly to prevent the commission of a
30crime, to lawfully apprehend a person reasonably suspected of

1having committed such crime or to aid the victim of such crime.

2"Juvenile." An individual who is alleged or has been
3determined to be a "delinquent child" as defined in 42 Pa.C.S. §
46302 (relating to definitions).

5"Law enforcement agency." The Pennsylvania State Police and
6a local law enforcement agency.

7"Local law enforcement agency." A police department of a
8city, borough, incorporated town or township.

9"Loss of earnings." Includes the loss of the cash equivalent
10of one month's worth of Social Security, railroad retirement,
11pension plan, retirement plan, disability, veteran's retirement,
12court-ordered child support or court-ordered spousal support
13payments if the payments are the primary source of a victim's
14income and the victim is deprived of money as a direct result of
15a crime.

16"Office." The Office of Victim Advocate established in
17section 7503 (relating to powers and duties of victim advocate).

18"Office of Victims' Services." The Office of Victims'
19Services in the Pennsylvania Commission on Crime and
20Delinquency.

21"Out-of-pocket loss." Any of the following losses which
22shall be reimbursed at a rate set by the Office of Victims'
23Services:

24(1) Expenses for unreimbursed and unreimbursable
25expenses or indebtedness incurred for medical care,
26nonmedical remedial care and treatment as approved by the
27Office of Victims' Services or other services.

28(2) Expenses for counseling, prosthetic devices,
29wheelchairs, canes, walkers, hearing aids, eyeglasses or
30other corrective lenses or dental devices reasonably

1necessary as a result of the crime upon which a claim is
2based and for which the claimant either has paid or is
3liable.

4(3) Expenses related to the reasonable and necessary
5costs of cleaning a crime scene of a private residence.
6"Cleaning" means to remove or attempt to remove stains or
7blood caused by a crime or other dirt or debris caused by the
8processing of a crime scene.

9(4) Expenses resulting from the temporary or permanent
10relocation of a direct victim and individuals residing in the
11household of the direct victim due to the incident forming
12the basis of the victim's claim when there is an immediate
13need to protect the safety and health of the victim and
14individuals residing in the household, as verified by a
15medical provider, human services provider or law enforcement.

16(5) Expenses for physical examinations and materials
17used to obtain evidence.

18(6) Other reasonable expenses which are deemed necessary
19as a direct result of the criminal incident.

20Except as otherwise provided, the term does not include property
21damage or pain and suffering.

22"Personal injury crime." An act, attempt or threat to commit
23an act which would constitute a misdemeanor or felony under the
24following:

2518 Pa.C.S. Ch. 25 (relating to criminal homicide).

2618 Pa.C.S. Ch. 27 (relating to assault).

2718 Pa.C.S. Ch. 29 (relating to kidnapping).

2818 Pa.C.S. Ch. 31 (relating to sexual offenses).

2918 Pa.C.S. § 3301 (relating to arson and related
30offenses).

118 Pa.C.S. Ch. 37 (relating to robbery).

218 Pa.C.S. Ch. 49 Subch. B (relating to victim and
3witness intimidation).

430 Pa.C.S. § 5502.1 (relating to homicide by watercraft
5while operating under influence).

6The former 75 Pa.C.S. § 3731 (relating to driving under
7influence of alcohol or controlled substance) in cases
8involving bodily injury.

975 Pa.C.S. § 3732 (relating to homicide by vehicle).

1075 Pa.C.S. § 3735 (relating to homicide by vehicle while
11driving under influence).

1275 Pa.C.S. § 3735.1 (relating to aggravated assault by
13vehicle while driving under the influence).

1475 Pa.C.S. § 3742 (relating to accidents involving death
15or personal injury).

1675 Pa.C.S. Ch. 38 (relating to driving after imbibing
17alcohol or utilizing drugs) in cases involving bodily injury.

18The term includes violations of any protective order issued as a
19result of an act related to domestic violence.

20"Preadjudication disposition." Any of the following:

21(1) Disposition of an adult without a trial. This
22paragraph includes accelerated rehabilitative disposition.

23(2) Disposition of a juvenile prior to an adjudication
24of delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile
25matters), including informal adjustment as set forth in 42
26Pa.C.S. § 6323 (relating to informal adjustment), and consent
27decree as set forth in 42 Pa.C.S. § 6340 (relating to consent
28decree).

29"Prosecutor's office." The Office of Attorney General or the
30office of a district attorney of a county.

1"State correctional institution." As defined in 61 Pa.C.S. §
2102 (relating to definitions).

3"Victim." The term means the following:

4(1) A direct victim.

5(2) A parent or legal guardian of a child who is a
6direct victim, except when the parent or legal guardian of
7the child is the alleged offender.

8(3) A minor child who is a material witness to any of
9the following crimes and offenses under 18 Pa.C.S. (relating
10to crimes and offenses) committed or attempted against a
11member of the child's family:

12Chapter 25 (relating to criminal homicide).

13Section 2702 (relating to aggravated assault).

14Section 3121 (relating to rape).

15(4) A family member of a homicide victim, including
16stepbrothers or stepsisters, stepchildren, stepparents or a
17fiance, one of whom is to be identified to receive
18communication as provided for in this part, except where the
19family member is the alleged offender.

20"Victim advocate." The victim advocate in the Office of
21Victim Advocate within the Pennsylvania Board of Probation and
22Parole.

23CHAPTER 82

24CRIME VICTIMS

25Subchapter

26A. Bill of Rights

27B. Responsibilities

28SUBCHAPTER A

29BILL OF RIGHTS

30Sec.

18201. Rights.

2§ 8201. Rights.

3Victims of crime have the following rights:

4(1) To receive basic information concerning the services
5available for victims of crime.

6(2) To be notified of certain significant actions and
7proceedings within the criminal and juvenile justice systems
8pertaining to their case. This paragraph includes all of the
9following:

10(i) Access to information regarding whether the
11juvenile was detained or released following arrest and
12whether a petition alleging delinquency has been filed.

13(ii) Immediate notification of a juvenile's
14preadjudication escape from a detention center or shelter
15facility and of the juvenile's subsequent apprehension.

16(iii) Access to information regarding the grant or
17denial of bail to an adult.

18(iv) Immediate notification of an adult offender's
19pretrial escape from a local correctional facility and of
20the offender's subsequent apprehension.

21(3) To be accompanied at all criminal and all juvenile
22proceedings in accordance with 42 Pa.C.S. § 6336 (relating to
23conduct of hearings) by a family member, a victim advocate or
24other person providing assistance or support.

25(4) In cases involving a personal injury crime or
26burglary, to submit prior comment to the prosecutor's office
27or juvenile probation office, as appropriate to the
28circumstances of the case, on the potential reduction or
29dropping of any charge or changing of a plea in a criminal or
30delinquency proceeding, or, diversion of any case, including

1an informal adjustment or consent decree.

2(5) To have opportunity to offer prior comment on the
3sentencing of a defendant or the disposition of a delinquent
4child, to include the submission of a written and oral victim
5impact statement detailing the physical, psychological and
6economic effects of the crime on the victim and the victim's
7family. The written statement shall be included in any
8predisposition or presentence report submitted to the court.
9Victim-impact statements shall be considered by a court when
10determining the disposition of a juvenile or sentence of an
11adult.

12(5.1) To have notice and to provide prior comment on a
13judicial recommendation that the defendant participate in a
14motivational boot camp under 61 Pa.C.S. Ch. 39 (relating to
15motivational boot camp).

16(5.2) Upon request of the victim of a personal injury
17crime, to have the opportunity to submit written comment or
18present oral testimony at a disposition review hearing, which
19comment or testimony shall be considered by the court when
20reviewing the disposition of the juvenile.

21(6) To be restored, to the extent possible, to the
22precrime economic status through the provision of
23restitution, compensation and the expeditious return of
24property which is seized as evidence in the case when in the
25judgment of the prosecutor the evidence is no longer needed
26for prosecution of the case.

27(7) In personal injury crimes where the adult is
28sentenced to a State correctional institution, to be:

29(i) given the opportunity to provide prior comment
30on and to receive State postsentencing release decisions,

1including work release, furlough, parole, pardon or
2community treatment center placement;

3(ii) provided immediate notice of an escape of the
4adult and of subsequent apprehension; and

5(iii) given the opportunity to receive notice of and
6to provide prior comment on a recommendation sought by
7the Department of Corrections that the offender
8participate in a motivational boot camp under 61 Pa.C.S.
9Ch. 39.

10(8) In personal injury crimes where the adult is
11sentenced to a local correctional institution, to:

12(i) receive notice of the date of the release of the
13adult, including work release, furlough, parole, release
14from a boot camp or community treatment center placement;
15and

16(ii) be provided with immediate notice of an escape
17of the adult and of subsequent apprehension.

18(8.1) If, upon the request of the victim of a personal
19injury crime committed by a juvenile, the juvenile is ordered
20to residential placement, a shelter facility or a detention
21center, to:

22(i) Receive prior notice of the date of the release
23of the juvenile, including temporary leave or home pass.

24(ii) Be provided with:

25(A) immediate notice of an escape of the
26juvenile, including failure to return from temporary
27leave or home pass; and

28(B) immediate notice of reapprehension of the
29juvenile.

30(iii) Be provided with notice of transfer of a

1juvenile who has been adjudicated delinquent from a
2placement facility that is contrary to a previous court
3order or placement plan approved at a disposition review
4hearing and to have the opportunity to express a written
5objection prior to the release or transfer of the
6juvenile.

7(9) If the adult is subject to an order under 23 Pa.C.S.
8Ch. 61 (relating to protection from abuse) and is committed
9to a county correctional institution for a violation of the
10order or for a personal injury crime against a victim
11protected by the order, to receive immediate notice of the
12release of the adult on bail.

13(10) To receive notice if an adult is committed to a
14mental health institution from a State correctional
15institution and notice of the discharge, transfer or escape
16of the adult from the mental health institution.

17(11) To have assistance in the preparation of,
18submission of and follow-up on financial assistance claims to
19the Office of Victims' Services.

20(12) To be notified of the details of the final
21disposition of the case of a juvenile consistent with 42
22Pa.C.S. § 6336(f) (relating to conduct of hearings).

23(13) Upon the request of the victim of a personal injury
24crime, to be notified of the termination of the court's
25jurisdiction.

26SUBCHAPTER B

27RESPONSIBILITIES

28Sec.

298211. Responsibilities of victims of crime under basic bill of
30rights.

18212. Responsibilities of State and local law enforcement
2agencies.

38213. Responsibilities of prosecutor's office.

48214. Responsibilities of department, county correctional
5institutions and board.

68215. Responsibilities of Department of Public Welfare and
7mental health institutions under basic bill of
8rights.

98216. Responsibilities of juvenile probation office.

10§ 8211. Responsibilities of victims of crime under basic bill
11of rights.

12A victim shall provide a valid address and telephone number
13and any other required information to all agencies responsible
14for providing information and notice to the victim. The victim
15shall provide timely notice of any changes in the status of the
16information. The information provided shall not be disclosed to
17any person other than a law enforcement agency, corrections
18agency or prosecutor's office without the prior written consent
19of the victim.

20§ 8212. Responsibilities of State and local law enforcement
21agencies.

22(a) Training.--A law enforcement agency shall ensure that
23all of its officers and employees are familiar with crime
24victims' compensation as provided for in Chapter 87 (relating to
25compensation). Instruction concerning crime victims'
26compensation shall be made a part of the training curriculum for
27all trainee officers.

28(b) Notice.--

29(1) Law enforcement agencies shall within 48 hours of
30reporting give notice to the direct victim or, if

1appropriate, a member of the direct victim's family of the
2availability of crime victims' compensation. The notice
3required under this subsection shall be in writing and in a
4manner and form developed by the Office of Victims' Services.

5(2) Law enforcement agencies shall provide basic
6information on the rights and services available for crime
7victims. The information shall be in writing and shall be
8provided to the victim within 24 hours of the law enforcement
9agency's first contact with the victim in a manner and form
10to be developed by the Office of Victims' Services.

11(c) Application.--The written notification provided for in
12subsection (b)(1) shall be accompanied by one copy of the
13application form for crime victims' compensation. Application
14forms shall be supplied by the Office of Victims' Services to
15law enforcement agencies. A record of the date of notification
16shall be maintained by the law enforcement agency. The Office of
17Victims' Services shall maintain a mailing list of all local law
18enforcement agencies and provide law enforcement agencies with
19forms by which they can order additional claim forms. The Office
20of Victims' Services shall also provide updates to law
21enforcement agencies on changes which affect their
22responsibilities under this part.

23(d) Forms.--The form developed by the Office of Victims'
24Services shall be attached to the police report and shall
25include a victim checkoff signifying that the information has
26been provided to the crime victim.

27(e) Notice in personal injury crimes.--

28(1) In a personal injury crime, the law enforcement
29agency shall make reasonable efforts to notify the victim of
30the arrest of the suspect and of the filing or forwarding of

1a complaint relating to the crime as soon as possible. Unless
2the victim cannot be located, notice of the arrest shall be
3provided not more than 24 hours after the preliminary
4arraignment. In a case alleging delinquency, notice of the
5filing or forwarding of a complaint shall be provided not
6more than 24 hours after the complaint has been filed or
7forwarded to the juvenile probation office or district
8attorney.

9(2) In a personal injury crime, a law enforcement
10agency, sheriff, deputy sheriff or constable shall notify the
11victim of an inmate's escape from the custody of the law
12enforcement agency, sheriff, deputy sheriff or constable.

13(f) Return of property.--The appropriate law enforcement
14agency shall return to the victim property seized as evidence if
15the prosecutor's office determines that the evidence is no
16longer needed for prosecution.

17§ 8213. Responsibilities of prosecutor's office.

18(a) Forms.--The prosecutor's office shall provide the victim
19of a personal injury crime with all forms developed under
20sections 8214 (relating to responsibilities of department,
21county correctional institutions and board) and 8215 (relating
22to responsibilities of Department of Public Welfare and mental
23health institutions under basic bill of rights).

24(b) Pleading.--In a personal injury crime or burglary, the
25prosecutor's office shall provide notice of and offer the
26opportunity to submit prior comment on the potential reduction
27or dropping of any charge or changing of a plea, a diversion of
28any case, including informal adjustment and consent decree,
29unless the notice is provided by the juvenile probation office.

30(c) Sentencing.--The prosecutor's office shall provide

1notice of the opportunity to offer prior comment on the
2sentencing of an adult and disposition of a juvenile. The prior
3comment includes the submission of oral and written victim
4impact statements. The prosecutor's office shall assist a victim
5who requests assistance to prepare this comment.

6(d) Release.--In a personal injury crime, the prosecutor's
7office shall provide notice of the opportunity to submit input
8into State correctional release decisions, to receive notice of
9any release of an adult from a correctional institution and to
10receive notice of the commitment to a mental health institution
11from a correctional institution.

12(e) Disposition.--In a personal injury crime, if the
13prosecutor's office has advance notice of dispositional
14proceeding, the prosecutor shall make reasonable efforts to
15notify a victim of the time and place of the proceeding.

16(f) Notice.--The prosecutor's office shall provide all of
17the following to the victim:

18(1) Upon request of the victim, notice of the
19disposition and sentence of an adult, including sentence
20modifications.

21(2) Upon request in a personal injury crime, reasonable
22attempts to notify the victim as soon as possible when the
23adult is released from incarceration at sentencing.

24(3) If the prosecutor's office is prosecuting a personal
25injury crime, notice prior to the entry of a consent decree.

26(4) Prior notice of delinquency adjudication hearings
27unless such hearings are scheduled by the juvenile probation
28office.

29(5) Notification of hearings related to the transfer of
30a juvenile to and from criminal proceedings.

1(6) Upon request in a personal injury crime, notice of
2the filing, hearing or disposition of appeals.

3(7) Notice of the details of the final disposition of
4the case consistent with 42 Pa.C.S. § 6336(f) (relating to
5conduct of hearings) unless provided by the juvenile
6probation office.

7(g) Assistance.--The prosecutor's office shall provide
8assistance to the victim in all of the following:

9(1) Preparation of statements under section 8201(5)
10(relating to rights).

11(2) Preparation of, submission of and follow-up on
12financial assistance claims filed with the Office of Victims'
13Services.

14(h) Return of property.--The prosecutor's office shall
15return to the victim any property seized as evidence if the
16prosecutor's office determines that the evidence is no longer
17needed for prosecution.

18§ 8214. Responsibilities of department, county correctional
19institutions and board.

20(a) Forms.--The department and the board shall develop
21standardized forms regarding victim notification. The form shall
22include the address where the form is to be sent. The department
23shall develop a standardized form which may be used by county
24correctional institutions. In the case of a county with victim-
25witness coordinators, the county correctional institution shall
26perform its responsibilities under this section in cooperation
27with the county's victim-witness coordinator.

28(b) Notice.--If the department and board have received
29notice of a victim's desire to have input under section 8201(7)
30(relating to rights), the appropriate agency shall notify the

1victim sufficiently in advance of a pending release decision to
2extend an opportunity for prior comment. The county correctional
3institution's notice to the victim under section 8201(9) shall
4occur immediately.

5(c) Comment.--The victim's prior comment may be oral or
6written and shall be considered by the department or the board
7as to the advisability of release and any conditions of release
8which may be imposed.

9(d) Escape notification.--If the department or county
10correctional institution has received notice of a victim's
11desire to receive notification regarding escape of the offender
12as provided for in section 8201(8), the chief administrator
13shall immediately notify the victim of the escape.

14(e) Mental health.--If the department or county correctional
15institution has received notice of a victim's desire to receive
16notification as provided for in section 8201(10), the chief
17administrator shall notify the victim of the commitment of the
18offender to a mental health institution and the location of the
19facility within 24 hours of the commitment.

20(f) Records.--Records maintained by the department, the
21county correctional institution and the board pertaining to
22victims shall be kept separate. Current address, telephone
23number and any other personal information of the victim and
24family members shall be deemed confidential.

25(g) Release of offender.--The department, the county
26correctional institution or the board shall notify the victim of
27the final decision rendered, the date of any release and
28relevant conditions imposed prior to the release of the
29offender.

30§ 8215. Responsibilities of Department of Public Welfare and

1mental health institutions under basic bill of
2rights.

3(a) Forms.--The Department of Public Welfare shall develop
4standardized forms, which shall include the address where the
5completed form is to be sent, for the receipt of notice from a
6victim concerning the victim's interest in discharge decisions
7and notification of an escape. Sufficient copies of the forms
8shall be provided to the office of the district attorney for
9distribution to victims upon court-ordered commitment of the
10offender to a mental health institution in the State system.

11(b) Designated staff.--If the Department of Public Welfare
12has received notice of a victim's desire to receive notification
13as provided for in section 8201(10) (relating to rights)
14regarding release, placement or escape of the offender, the
15Department of Public Welfare shall designate the appropriate
16official to notify the victim of the discharge of the offender
17from the mental health institution and the facility to which the
18offender was discharged within 24 hours of the discharge. The
19Department of Public Welfare or the designated official shall
20immediately notify the victim of an escape of the offender from
21the mental health institution.

22§ 8216. Responsibilities of juvenile probation office.

23(a) Notice.--The juvenile probation office shall provide the
24following to a victim:

25(1) Prior notice of a delinquency adjudication hearing
26unless the hearing has been scheduled by the prosecutor's
27office.

28(2) Notification of a disposition hearing.

29(3) Notice of a juvenile's preadjudication escape from a
30detention center or shelter facility and of the juvenile's

1subsequent apprehension.

2(4) Upon request, notice of whether the juvenile
3probation office has detained or released the juvenile
4following arrest and whether a delinquency petition has been
5filed.

6(5) Notice of the details of the final disposition of
7the case consistent with 42 Pa.C.S. § 6336(f) (relating to
8conduct of hearings) unless provided by the prosecutor's
9office.

10(b) Additional notice in cases involving a personal injury
11crime or burglary.--In a case involving a personal injury crime
12or burglary, the juvenile probation office shall provide notice
13and the opportunity to provide prior comment on the potential
14reduction or dropping of a charge or diversion of a case,
15including informal adjustment and consent decree, unless such
16notice and opportunity is provided by the prosecutor's office.
17Upon request, the victim shall also receive notification of a
18review of disposition hearing.

19(c) Dispositions.--The juvenile probation office shall:

20(1) Offer the victim the opportunity to provide a
21written victim impact statement to be considered in the
22disposition of a case and included as part of any
23predisposition report submitted to the court.

24(2) Notify the victim of the right to provide an oral
25victim impact statement at the time of disposition in the
26case of a juvenile who has been adjudicated delinquent.

27(d) Postdisposition notice.--Upon the request of the victim
28of a personal injury crime, the juvenile probation office shall:

29(1) Provide prior notice to the victim when a juvenile
30who has been adjudicated delinquent and ordered into

1residential placement or official detention will be granted
2temporary leave or home pass or release.

3(2) Notify the victim of a proposed release or transfer
4of an adjudicated delinquent from placement that is contrary
5to a previous court order or placement plan approved at a
6disposition review hearing and shall extend the victim the
7opportunity to provide a written objection prior to the
8release or transfer of the juvenile from placement.

9(3) Notify the victim immediately of a juvenile's escape
10from official detention or failure to return from temporary
11leave or home pass and of the juvenile's subsequent
12apprehension.

13(4) Notify the victim of the termination of the juvenile
14court jurisdiction.

15(5) Provide the opportunity to submit written comment
16and oral testimony at a disposition review hearing.

17CHAPTER 83

18ADMINISTRATION

19Subchapter

20A. (Reserved)

21B. Office of Victims' Services

22C. Committee

23SUBCHAPTER A

24(RESERVED)

25SUBCHAPTER B

26OFFICE OF VICTIMS' SERVICES

27Sec.

288311. Office of Victims' Services.

298312. Powers and duties of Office of Victims' Services.

30§ 8311. Office of Victims' Services.

1(a) Establishment.--The Office of Victims' Services is
2established within the commission. The Office of Victims'
3Services shall administer Chapter 87 (relating to compensation).
4The Office of Victims' Services shall also dispose of all claims
5for compensation filed under Chapter 87.

6(b) Director.--A director of the Office of Victims' Services
7shall be appointed by the chairman of the commission. The
8director shall be paid compensation as the executive board may
9determine.

10(c) Staff.--The director of the Office of Victims' Services
11may employ personnel and contract for services as necessary and
12authorized to carry out the purposes of the Office of Victims'
13Services.

14§ 8312. Powers and duties of Office of Victims' Services.

15The Office of Victims' Services, subject to approval of the
16commission, shall:

17(1) Establish and maintain a principal office in or near
18Harrisburg and such other offices within this Commonwealth as
19it may deem necessary.

20(2) Appoint counsel, clerks, claims verifiers, hearing
21officers and other employees and agents as it may deem
22necessary, to fix its compensation within the limits provided
23by law and to prescribe its duties.

24(3) Adopt, promulgate, amend and rescind suitable rules
25and regulations to carry out the provisions and purposes of
26Chapter 87 (relating to compensation). These regulations
27shall provide for the approval of attorney fees for
28representation before the Office of Victims' Services, a
29hearing examiner or before Commonwealth Court upon judicial
30review under section 8705 (relating to judicial review).

1Awards of the attorney fees shall be in addition to awards
2made to direct victims. Awards of attorney fees shall in no
3case exceed 15% of the award to the direct victim or victims.
4It shall be unlawful for an attorney to contract for or
5receive any sum larger than the amount allowed. Regulations
6under this paragraph shall include policies, procedures and
7standards of review regarding claims for compensation;
8approval or denial of claims, including contributory conduct
9by direct victims; verification of information and documents;
10prioritization of review; and all other matters related to
11the processing.

12(4) Request and review from law enforcement agencies and
13from any other State or municipal department, agency or
14public authority assistance and data as will enable the
15Office of Victims' Services to carry out its powers and
16duties.

17(5) Determine all claims for awards filed with the
18Office of Victims' Services under Chapter 87 and to
19reinvestigate or reopen cases as the Office of Victims'
20Services deems necessary.

21(6) Direct medical examinations of direct victims.

22(7) Appoint hearing officers authorized to administer
23oaths or affirmations, examine any person under oath or
24affirmation and issue subpoenas requiring attendance of
25witnesses, testimony of witnesses and production of evidence.
26Except where a claim is determined to be frivolous, a
27claimant shall receive reimbursement at a rate to be
28determined by the Office of Victims' Services for attending
29hearings, regardless of the disposition of the claim.

30(8) Take or cause to be taken affidavits or depositions

1in or outside of this Commonwealth.

2(9) Render each year to the Governor and to the General
3Assembly a written report of its activities.

4(10) Arrange with the heads of other Commonwealth
5agencies for the performance of any of its functions under
6this act with or without reimbursement and, with the approval
7of the Governor, delegate and authorize the redelegation of
8any of its powers under this part.

9(11) Establish a program to assure extensive and
10continuing publicity of information regarding the
11compensation provisions under Chapter 87. This information
12shall include the right to file a claim, the scope of
13coverage and procedures to be utilized incident to the claim.

14(12) Administer the funds under section 9101(b)
15(relating to costs) for the payment of claims filed under
16Chapter 87 and for all reasonable and necessary
17administrative expenses.

18(13) Establish compensation limits and reimbursement
19rates for the purpose of carrying out the provisions of
20Chapter 87. The Office of Victims' Services shall publish a
21schedule of these compensation limits and reimbursement rates
22in the Pennsylvania Bulletin, provided that the Office of
23Victims' Services shall, within two years of such
24publication, promulgate a regulation stating the schedule of
25compensation limits and reimbursement.

26SUBCHAPTER C

27COMMITTEE

28Sec.

298321. Victims' Services Advisory Committee.

308322. Powers and duties of committee.

1§ 8321. Victims' Services Advisory Committee.

2(a) Establishment.--The Victims' Services Advisory Committee
3is established within the commission.

4(b) Membership.--The committee shall consist of the
5following members:

6(1) The Secretary of Aging or a designee.

7(2) The Secretary of Corrections or a designee.

8(3) The Secretary of Public Welfare or a designee.

9(4) The Commissioner of Pennsylvania State Police.

10(5) The victim advocate.

11(6) A district attorney appointed by the Governor.

12(7) Nine individuals appointed by the Governor. Members
13under this paragraph must represent direct victims, Statewide
14victims' coalitions, prosecution-based victim/witness
15programs and other victim service or victim advocacy
16organizations, the courts, members of local government and
17other victims' organizations or organizations involved in the
18coordination or delivery of services to direct victims. At
19least one of the Governor's appointees must be a
20representative of a victims' services agency working directly
21with children.

22(c) Terms.--A member under subsection (b)(1) through (5)
23shall serve ex officio. A member under subsection (b)(6) or (7)
24shall serve for a four-year term and may be appointed for no
25more than one additional consecutive term.

26(d) Restrictions.--The committee and its members are subject
27to the same limitations and conditions imposed upon the
28commission as prescribed in section 3102 (relating to
29Pennsylvania Commission on Crime and Delinquency).

30(e) Quorum.--A majority of the members shall constitute a

1quorum. A vote of the majority of the members present shall be
2sufficient for all actions.

3(f) Chair.--The Governor shall appoint a chairperson from
4among the members of the committee. The chairperson shall serve
5at the pleasure of the Governor. A vice chairperson shall be
6designated by the chairperson and preside at meetings in the
7absence of the chairperson.

8(g) Meeting.--The committee shall meet at the call of the
9chair but no fewer than four times a year.

10§ 8322. Powers and duties of committee.

11The committee shall:

12(1) Serve in an advisory capacity to the commission,
13including the Office of Victims' Services, through the
14committee's participation in the development of that part of
15the commission's plan relating to direct victims' services
16and compensation.

17(2) Advise the commission on the development of direct
18services for minor children who are material witnesses to any
19of the following crimes and offenses under 18 Pa.C.S.
20(relating to crimes and offenses) committed or attempted
21against a member of the child's family:

22Chapter 25 (relating to criminal homicide).

23Section 2702 (relating to aggravated assault).

24Section 3121 (relating to rape).

25(3) Perform those functions related to the direct
26approval and disbursement of financial assistance in an
27advisory capacity only. The committee shall have the
28opportunity to review and comment on applications other than
29applications for claims for compensation under sections 8702
30(relating to filing of claims for compensation) and 8706

1(relating to emergency awards) within 30 days after receipt
2of the application from the commission.

3(4) Advise the commission on the definition, development
4and correlation of programs and projects and the
5establishment of priorities for direct victims' services and
6compensation.

7(5) Develop standards, methods and procedures for
8evaluating and monitoring direct victims' services.

9(6) Upon request, provide assistance and advice to the
10commission on any other matters relating to direct victims'
11services and compensation.

12(7) Receive staff support from the commission and the
13Office of Victims' Services in order to adequately perform
14the duties provided for in this section.

15CHAPTER 85

16(RESERVED)

17CHAPTER 87

18COMPENSATION

19Sec.

208701. Persons eligible for compensation.

218702. Filing of claims for compensation.

228703. Minimum allowable claim.

238704. Determination of claims.

248705. Judicial review.

258706. Emergency awards.

268707. Awards.

278708. Manner of payment.

288709. Confidentiality of records.

298710. Responsibilities of employers, service providers and
30insurance companies.

1§ 8701. Persons eligible for compensation.

2(a) General rule.--Except as otherwise provided in this
3part, the following persons shall be eligible for compensation:

4(1) A direct victim.

5(2) An intervenor.

6(3) A surviving spouse, parent or child of a deceased
7direct victim or intervenor.

8(4) Any other individual dependent for principal support
9upon a deceased direct victim or intervenor.

10(5) Any person who assumes the obligation or who pays
11for a crime scene cleanup, funeral or burial expenses
12incurred as a direct result of a crime.

13(b) Exception.--

14(1) A person who is criminally responsible for the crime
15upon which a claim is based or an accomplice of the person
16shall not be eligible to receive compensation with respect to
17the claim.

18(2) A member of the family of the individual who
19committed the crime shall not be eligible if the offender is
20living in the same household as the direct victim and will
21substantially benefit from the award.

22(3) The Attorney General may at any time sue the
23offender or the direct victim, or both, to recover the award
24if the offender benefits from the award.

25§ 8702. Filing of claims for compensation.

26(a) General rule.--Except as otherwise provided in this
27part, a claim for compensation may be filed by an individual
28eligible for compensation as provided in section 8701 (relating
29to persons eligible for compensation) or as follows:

30(1) If the individual is a minor, the claim may be filed

1by a parent or guardian. If the parent or guardian of a minor
2who is eligible for compensation is unavailable or fails to
3assume financial responsibility for the minor's care, a
4person who assumes financial responsibility for services
5eligible for compensation and who is not a provider of
6services or an insurance company may file a claim on behalf
7of the minor and may receive compensation for eligible
8services provided to the minor.

9(2) If the individual is mentally incompetent, the claim
10may be filed by a guardian or legal representative. If the
11guardian or legal representative of a mentally incompetent
12individual who is eligible for compensation is unavailable or
13fails to assume financial responsibility for the individual's
14care, a person who assumes financial responsibility for
15services eligible for compensation and who is not a provider
16of services or an insurance company may file a claim on
17behalf of the individual and may receive compensation for
18eligible services provided to the individual.

19(b) Time.--

20(1) Except as set forth in paragraph (2), a claim must
21be filed not later than two years after the discovery of the
22occurrence of the crime upon which the claim is based or not
23later than two years after the death of the direct victim or
24intervenor as a result of the crime or the discovery and
25identification of the body of a murder victim.

26(2) Exceptions shall be as follows:

27(i) If a direct victim is under 18 years of age at
28the time of the occurrence of the crime and the alleged
29offender is the direct victim's parent or a person
30responsible for the direct victim's welfare, an

1individual residing in the same home as the direct victim
2or a paramour of the direct victim's parent, all of the
3following shall apply:

4(A) The limitation period under this subsection
5is tolled until the direct victim reaches 21 years of
6age.

7(B) The limitation period shall run until the
8later of:

9(I) the end of the limitation period for the
10offense as set forth in 42 Pa.C.S. Ch. 55 Subch.
11C (relating to criminal proceedings); or

12(II) the end of the limitation period under
13paragraph (1).

14(ii) If a direct victim is under 18 years of age at
15the time of the occurrence of the crime and the direct
16victim is seeking reimbursement for counseling services
17only, all of the following shall apply:

18(A) The limitation period under this subsection
19is tolled until the direct victim reaches 21 years of
20age.

21(B) The limitation period shall run until the
22later of:

23(I) the end of the limitation period for the
24offense as set forth in 42 Pa.C.S. Ch. 55 Subch.
25C; or

26(II) the end of the limitation period under
27paragraph (1).

28(b.1) Returned claims.--

29(1) If a claim has been filed but subsequently returned
30to the claimant for correction or for additional verification

1or information, the date the claim was first received by the
2Office of Victims' Services shall be the permanent filing
3date for purposes of subsection (b).

4(2) The correction or additional verification or
5information must be filed within a period of time established
6by the Office of Victims' Services.

7(c) Manner.--Claims must be filed with the Office of
8Victims' Services in person, by mail or by any electronic means
9authorized by the Office of Victims' Services.

10§ 8703. Minimum allowable claim.

11(a) General rule.--Except as provided in subsection (b), no
12award shall be made on a claim unless the claimant has incurred
13an aggregate minimum out-of-pocket loss, loss of earnings or
14loss of support of $100.

15(b) Exception.--Subsection (a) shall not apply if the direct
16victim was 60 years of age or older at the time the crime
17occurred.

18§ 8704. Determination of claims.

19(a) Processing.--The Office of Victims' Services shall
20establish functional procedures for the intake, verification and
21processing of claims.

22(b) Review.--

23(1) The Office of Victims' Services shall review the
24claim and all supporting documents and investigate the
25validity of the claim. The investigation shall include an
26examination of police, court and official records and reports
27concerning the crime and an examination of medical and
28hospital reports relating to the injury upon which the claim
29is based. The Office of Victims' Services may not request or
30review counseling notes of mental health service providers.

1The Office of Victims' Services shall request an assessment
2from the mental health service provider as to the extent the
3service provided is needed as a direct result of the crime.

4(2) Claims shall be investigated and determined,
5regardless of whether the alleged criminal has been
6apprehended, prosecuted or adjudicated for the crime in
7question.

8(c) Determination.--

9(1) The Office of Victims' Services shall determine
10whether to grant an award, increase or decrease an award or
11deny the claim based on the supporting documents, the report
12of the investigation and staff recommendations.

13(2) If the Office of Victims' Services is unable to
14determine whether or not a claim is justified based upon the
15supporting documents, it may direct a hearing before a
16hearing examiner designated by the commission. At the
17hearing, any relevant evidence not legally privileged shall
18be admissible.

19(d) Notice.--The Office of Victims' Services shall promptly
20notify the claimant of its final decision.

21(e) Records.--The Office of Victims' Services shall maintain
22complete records and histories on all claims filed, supplemental
23awards paid to claimants, claims status and third-party
24entitlements and recoveries.

25§ 8705. Judicial review.

26Within 30 days after receipt of a copy of the report
27containing a final decision of the Office of Victims' Services,
28the claimant may appeal the final decision of the Office of
29Victims' Services in the manner provided for appeals from
30administrative agencies as provided in 2 Pa.C.S. Ch. 7 Subch. A

1(relating to judicial review of Commonwealth agency action).

2§ 8706. Emergency awards.

3(a) Authorization.--Notwithstanding the provisions of
4sections 8704 (relating to determination of claims) and 8707
5(relating to awards), if it appears to the Office of Victims'
6Services that the claim is one with respect to which an award
7probably will be made and that undue hardship will result to the
8claimant if immediate payment is not made, the Office of
9Victims' Services may make an emergency award to the claimant
10pending a final decision in the case. The following shall apply:

11(1) The total amount of the emergency award shall not
12exceed $1,500 per claim or at a rate set by the Office of
13Victims' Services.

14(2) The amount of the emergency award shall be deducted
15from any final award made to the claimant.

16(3) The excess of the amount of the emergency award over
17the amount of the final award or the full amount of the
18emergency award, if no final award is made, shall be repaid
19by the claimant to the Office of Victims' Services.

20(b) Reconsideration.--The Office of Victims' Services may
21reconsider an emergency award at any time prior to the final
22decision in the case and increase previous orders for emergency
23compensation up to the overall limit of $1,500 per claim or at a
24rate set by the Office of Victims' Services.

25(c) Compilation.--The Office of Victims' Services shall
26compute the total number and amount of emergency awards given in
27each fiscal year for inclusion in the annual report.

28§ 8707. Awards.

29(a) Requirements.--No award shall be made unless it is
30determined by a preponderance of the evidence that:

1(1) A crime was committed.

2(2) The person injured or killed was a direct victim or
3intervenor.

4(3) The crime was promptly reported to the proper
5authorities. In no case may an award be made if the record
6shows that the report was made more than 72 hours after the
7occurrence of the crime unless:

8(i) the victim is under 18 years of age at the time
9of the occurrence of the crime and the alleged offender
10is the victim's parent or a person responsible for the
11victim's welfare, an individual residing in the same home
12as the victim or a paramour of the victim's parent; or

13(ii) the Office of Victims' Services finds the delay
14to have been justified, consistent with regulations of
15the Office of Victims' Services.

16(4) The direct victim, intervenor or claimant has fully
17cooperated with all law enforcement agencies and the Office
18of Victims' Services, unless the Office of Victims' Services
19finds the noncompliance to have been justified consistent
20with the Office of Victims' Services regulations.

21(a.1) Protection from abuse.--A claimant who satisfies the
22eligibility requirements of subsection (a)(1), (2) and (4) may
23satisfy the eligibility requirement under subsection (a)(3) for
24reporting a crime to the proper authorities by commencing an
25action brought in accordance with 23 Pa.C.S. Ch. 61 (relating to
26protection from abuse) and as provided for in the Pennsylvania
27Rules of Civil Procedure. In no case may an award be made if the
28record shows that the petition was:

29(1) Withdrawn, unless the Office of Victims' Services
30finds the withdrawal to have been justified, consistent with

1the Office of Victims' Services regulations.

2(2) Filed more than 72 hours after the occurrence of the
3criminal conduct leading to the commencement of the action,
4unless:

5(i) the victim is under 18 years of age at the time
6of the occurrence of the criminal conduct and the alleged
7offender is the victim's parent or a person responsible
8for the victim's welfare, an individual residing in the
9same home as the victim or a paramour of the victim's
10parent; or

11(ii) the Office of Victims' Services finds the delay
12to have been justified, consistent with regulations of
13the Office of Victims' Services.

14(b) Amount.--

15(1) Any award made under this chapter shall be in an
16amount not exceeding out-of-pocket loss, together with loss
17of past, present or future earnings or support resulting from
18the injury. In no case shall the total amount of an award
19exceed $35,000 except for payment of the following:

20(i) counseling, the maximum amount of which shall be
21in accordance with paragraph (4.1);

22(ii) forensic rape examination and medications
23directly related to the sexual assault or rape, the
24amount of which shall not exceed $1,000; or

25(iii) reasonable and necessary costs of cleaning the
26crime scene of a private residence, the amount of which
27shall not exceed $500.

28(2) An award made for loss of earnings or support shall,
29unless reduced pursuant to other provisions of this chapter,
30be in an amount equal to the actual loss sustained. The

1following shall apply:

2(i) No such award shall exceed the average weekly
3wage for all persons covered by the act of December 5,
41936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
5Unemployment Compensation Law, in this Commonwealth as
6determined annually by the Department of Labor and
7Industry for each week of lost earnings or support.

8(ii) Except as set forth in subparagraph (iii), the
9aggregate award for the loss shall not exceed $15,000.

10(iii) In the case of death of a direct victim or
11intervenor, the aggregate award shall not exceed $20,000.

12(3) If an order of restitution has been entered on
13behalf of the direct victim, those amounts actually collected
14shall be applied first to property losses incidental to the
15crime and secondly to personal injury losses as provided in
16subsection (f).

17(4) An award for counseling performed by or under the
18supervision of a psychiatrist, psychologist, licensed
19professional counselor or licensed social worker and subject
20to the provisions of paragraph (4.1) may be made to:

21(i) a direct victim;

22(ii) an individual responsible for the direct
23victim's welfare;

24(iii) an individual who is physically present at the
25crime scene and witnesses a violent crime;

26(iv) in the case of a homicide, an individual who
27discovers the body;

28(v) anyone related to the direct victim within the
29second degree of consanguinity or affinity;

30(vi) anyone maintaining a common-law relationship

1with the direct victim;

2(vii) anyone residing in the same household with the
3direct victim; or

4(viii) anyone engaged to be married to the direct
5victim.

6(4.1) In the case of an award made pursuant to paragraph
7(4), the following shall apply:

8(i) The amount of an award under paragraph (4)(i)
9shall not exceed $5,000 where the direct victim is an
10adult and shall not exceed $10,000 where the direct
11victim is a minor.

12(ii) The amount of an award under paragraph (4)(ii),
13(v), (vi), (vii) or (viii) shall not exceed $2,500,
14except in the case of a homicide, where the amount of the
15award shall not exceed $5,000.

16(iii) The amount of an award under paragraph (4)
17(iii) or (iv) shall not exceed $1,500.

18(5) An award for the reasonable and necessary costs for
19the replacement of prosthetic devices, wheelchairs, canes,
20walkers, hearing aids, eyeglasses or other corrective lenses,
21dental devices or prescription medications damaged or stolen
22as a result of the crime shall be at a rate set by the Office
23of Victims' Services. Expenses for prosthetic devices,
24wheelchairs, canes, walkers, hearing aids, eyeglasses or
25other corrective lenses, dental devices or prescription
26medications needed as a result of the crime shall be counted
27against the $35,000 award limitation.

28(c) Public assistance.--Provisions of awards made pursuant
29to a statute compensating or benefiting a direct victim or
30claimant shall in no way affect the claimant's or direct

1victim's eligibility under public assistance or any other
2Federal or Commonwealth social benefit or assistance program.

3(d) Apportionment.--If there are two or more individuals
4entitled to an award as a result of the death of a direct victim
5or intervenor, the award shall be apportioned among the
6claimants.

7(e) Reduction.--Except as otherwise provided in this part,
8an award made under this chapter shall be reduced by the amount
9of any payments received or to be received by the claimant as a
10result of the injury:

11(1) from or on behalf of the individual who committed
12the crime;

13(2) under any insurance or health and welfare programs,
14including those mandated by law;

15(3) under any contract of insurance in which the
16claimant is the beneficiary;

17(4) from public funds;

18(5) as an emergency award under section 8706 (relating
19to emergency awards);

20(6) under any pension program, including those providing
21for disability or survivor's benefits; or

22(7) under a settlement or award made by or on behalf of
23a party alleged to be responsible in whole or in part for the
24injury, without regard to the party's criminal culpability.

25(f) Direct victim responsibility.--

26(1) Except as set forth in paragraphs (2) and (3), in
27determining the amount of an award, the Office of Victims'
28Services shall determine whether the direct victim or
29intervenor, because of conduct, contributed to the infliction
30of the injury. The Office of Victims' Services shall reduce

1the amount or deny the claim altogether in accordance with
2the determination.

3(2) If the crime involved is rape or sexual assault, the
4conduct of the direct victim shall not be considered. If the
5crime involved is related to domestic violence, the conduct
6of the direct victim shall not be considered unless the
7direct victim was the primary aggressor.

8(3) If the crime involved is a homicide, the conduct of
9the direct victim shall not be considered for claims by
10eligible claimants for counseling.

11(g) Intervenor responsibility.--In determining the amount of
12an award to an intervenor, the Office of Victims' Services may
13consider whether the intervenor, because of conduct, contributed
14to the infliction of the injury. The Office of Victims' Services
15shall reduce the amount or deny the claim altogether in
16accordance with the determination.

17(h) Forensic rape investigation.--

18(1) A hospital or other licensed health care provider
19may submit a claim for reimbursement for the cost of a
20forensic rape examination if the cost is not covered by
21insurance or the victim requests that the insurance carrier
22not be billed. Upon filing of a claim, the Office of Victims'
23Services shall promptly notify the prosecutor of the county
24where the crime is alleged to have occurred. The
25reimbursement, where applicable, shall be at a rate set by
26the Office of Victims' Services.

27(2) The cost of a forensic rape examination and the cost
28of medications prescribed to the direct victim shall not be
29charged to the victim.

30(3) A sexual assault or rape victim need not be an

1applicant for any other compensation under this chapter.

2§ 8708. Manner of payment.

3(a) Lump sum.--

4(1) The award shall be paid in a lump sum, except that,
5in the case of death or protracted disability, the award may
6provide for periodic payments.

7(2) No award made under this chapter shall be subject to
8execution or attachment other than for expenses resulting
9from the injury which is the basis for the claim.

10(3) All awards shall be paid by or under the authority
11of the State Treasurer.

12(4) An award shall not be considered as compensation
13taxable as income under Article III of the act of March 4,
141971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

15(5) The Office of Victims' Services shall reconsider at
16least annually every award being paid in installments.

17(6) The Office of Victims' Services may reconsider a
18claim at any time and modify or rescind previous orders for
19compensation based upon a change in financial circumstances
20of a direct victim or one or more surviving dependents.

21(b) Medical expenses.--

22(1) Medical expenses, except as otherwise provided,
23shall be paid to a hospital or other licensed health care
24provider on behalf of the victim at a rate set by the Office
25of Victims' Services.

26(2) If the Office of Victims' Services accepts a claim,
27the hospital or other licensed health care provider shall
28accept such payment as payment in full and may not attempt to
29collect from the victim any amount exceeding the amount of
30reimbursement made by the Office of Victims' Services.

1§ 8709. Confidentiality of records.

2(a) General rule.--All reports, records or other information
3obtained or produced by the Office of Victims' Services during
4the processing or investigation of a claim shall be confidential
5and privileged, shall not be subject to subpoena or discovery,
6shall be used for no purpose other than the processing of a
7claim and, except as otherwise provided by law or as provided in
8this section, shall not be introduced into evidence in any
9judicial or administrative proceeding.

10(b) Disclosure restricted.--Except as otherwise provided by
11law, no person who has had access to a report, record or any
12other information under this subsection shall disclose the
13content of the report, record or other information or testify in
14a judicial or administrative proceeding without the written
15consent of the direct victim or intervenor or, if the direct
16victim or intervenor is deceased, the claimant.

17(c) Construction.--This section shall not be construed to
18preclude or limit introduction of the contents of a report,
19record or other information in an appeal hearing before the
20Office of Victims' Services or in an investigation, prosecution
21or judicial proceeding enforcing section 9303 (relating to
22penalty) or in communicating with the prosecutor's office
23regarding restitution.

24§ 8710. Responsibilities of employers, service providers and
25insurance companies.

26(a) Response.--Employers, insurance companies or providers
27of services to direct victims, intervenors or claimants,
28including, but not limited to, doctors, hospitals and
29counselors, shall respond in writing to the request by the
30Office of Victims' Services for confirmation or other

1information under this chapter within 30 days of receipt of the
2request by the Office of Victims' Services.

3(b) Penalty.--Any person who fails to respond to a request
4under subsection (a) shall be subject to a penalty of not more
5than $50 per day, up to and including the date of compliance.

6(c) Enforcement.--The office of the district attorney of the
7county in which the crime occurred and the Office of Victims'
8Services shall be charged with enforcement of this section and
9the collection of penalties, which may be given to local victim
10service agencies or used for the enforcement and collection of
11penalties under this section.

12CHAPTER 89

13SERVICES

14Sec.

158901. Eligibility of victims.

168902. Establishment of basic services for victims of crime.

178903. Grant program for services.

18§ 8901. Eligibility of victims.

19A victim has the rights and is eligible for the services
20under sections 8201 (relating to rights) and 8902 (relating to
21establishment of basic services for victims of crime) only if
22the victim reported the crime to law enforcement authorities
23without unreasonable delay after its occurrence or discovery,
24unless the victim had a reasonable excuse not to do so.

25§ 8902. Establishment of basic services for victims of crime.

26The commission shall provide technical assistance to and make
27grants to district attorneys, other criminal justice agencies or
28victim service agencies which provide crime victims with the
29following services:

30(1) Notification services, including all of the

1following:

2(i) Information concerning financial assistance and
3other social services available as a result of being a
4victim of crime.

5(ii) Notification that a court proceeding to which
6they have been subpoenaed will not go on as scheduled, in
7order to save the victim an unnecessary trip to court.

8(iii) Notification of the final disposition of the
9case.

10(2) Protection services, including all of the following:

11(i) Protection from harm and threats of harm arising
12out of cooperation with law enforcement and prosecution
13efforts.

14(ii) A secure waiting area during court proceedings
15which does not require them to be in close proximity to
16defendants and families and friends of defendants.

17(3) Procedures for the expedited return by law
18enforcement officials of personal property of victims which
19is held for prosecutorial purposes.

20(4) Services related to the rights of victims under
21Chapter 82 (relating to crime victims).

22(5) Other services as defined by the commission.

23§ 8903. Grant program for services.

24(a) Authority.--The commission may make grants to district
25attorneys and other criminal justice agencies for the provision
26of the services under section 8902 (relating to establishment of
27basic services for victims of crime).

28(b) Regulations.--The commission shall promulgate
29regulations necessary to ensure the cost-effective delivery of
30victim services or victim and witness services consistent with

1section 8902.

2(c) Participation.--In determining grant awards, the
3commission shall promote broad-based participation by a maximum
4number of criminal justice agencies Statewide.

5(d) Data.--An agency that makes application for awards under
6this section shall provide data in support of the request as the
7commission requires. An agency that receives an award shall
8provide the commission with reports as the commission determines
9necessary to assess the agency's progress in the development of
10victim services.

11(e) Report.--The commission shall submit an annual report to
12the General Assembly on the progress of services provided for in
13section 8902. The report shall include:

14(1) The number of participating agencies and population
15served.

16(2) The extent of services provided.

17(3) Any impediments to the progress of the program.

18(4) Recommendations for reform.

19(f) Allocation.--In the allocation of funds for services
20under section 8902, the commission shall consider the extent to
21which crime victims' compensation claims assistance is made
22available.

23CHAPTER 91

24FINANCIAL MATTERS

25Sec.

269101. Costs.

279102. Costs for offender supervision programs.

28§ 9101. Costs.

29(a) Imposition.--

30(1) A person who pleads guilty or nolo contendere or who

1is convicted of a crime shall, in addition to costs imposed
2under 42 Pa.C.S. § 3571(c) (relating to Commonwealth portion
3of fines, etc.), pay costs of at least $60 and may be
4sentenced to pay additional costs in an amount up to the
5statutory maximum monetary penalty for the offense committed.

6(2) A person placed in a diversionary program shall pay
7costs of at least $60 in addition to costs imposed pursuant
8to 42 Pa.C.S. § 3571(c).

9(3) A juvenile shall pay costs of at least $25 if any of
10the following apply to the case:

11(i) There is a consent decree.

12(ii) There is an adjudication of delinquency.

13(b) Disposition.--

14(1) The Crime Victim's Compensation Fund is established
15as a special nonlapsing fund in the State Treasury. The fund
16shall be used by the Office of Victims' Services for payment
17to claimants and technical assistance. Thirty-five dollars of
18the costs imposed under subsection (a)(1) and (2) plus 30% of
19the costs imposed under subsection (a)(1) which exceed $60
20shall be paid into the fund. All costs imposed under
21subsection (a)(3) shall be paid into the fund.

22(2) The Victim Witness Services Fund is established as a
23special nonlapsing fund in the State Treasury. The fund shall
24be used by the commission for victim-witness services and
25technical assistance in nonvictim compensation-related areas
26in accordance with this section. Twenty-five dollars of the
27costs imposed under subsection (a)(1) and (2) plus 70% of the
28costs imposed under subsection (a)(1) and (2) which exceed
29$60 shall be paid into the fund.

30(c) Payment.--This cost shall be imposed notwithstanding any

1statutory provision to the contrary.

2(d) Mandamus.--The district attorney, the Office of Victims'
3Services, the commission or any victim shall have standing to
4seek a mandamus order requiring the county to collect the costs
5imposed by this section.

6(e) Court order.--No court order shall be necessary in order
7for the defendant to incur liability for costs under this
8section. Costs under this section must be paid in order for the
9defendant to be eligible for probation, parole or accelerated
10rehabilitative disposition.

11§ 9102. Costs for offender supervision programs.

12(a) County fund.--

13(1) The county treasurer of each county shall establish
14and administer a county offender supervision fund consisting
15of the fees collected under this section. The county
16treasurer shall disperse money from the fund only at the
17discretion of the president judge of the court of common
18pleas.

19(2) The money in the fund shall be used to:

20(i) Pay the salaries and employee benefits of all
21probation and parole personnel employed by the county
22probation and parole department and the operational
23expenses of that department.

24(ii) Supplement Federal, State or county
25appropriations for the county adult probation and parole
26department.

27(3) The president judge shall by August 31 provide the
28board with an annual statement which fully reflects all
29collections deposited into and expenditures from the fund for
30the preceding fiscal year.

1(4) The board shall promulgate regulations to provide
2for the permanent administration of this program.

3(b) State fund.--

4(1) The State Offender Supervision Fund is established
5in the State Treasury, and shall be administered by the board
6and comprised of the supervision fees collected by the board
7under this section.

8(2) The money in the fund shall be used to supplement
9the Federal or State funds appropriated for the improvement
10of adult probation services.

11(c) Court.--

12(1) The court shall impose as a condition of supervision
13a monthly supervision fee of at least $25 on any offender
14placed on probation, parole, accelerated rehabilitative
15disposition, probation without verdict or intermediate
16punishment, unless the court finds that the fee should be
17reduced, waived or deferred based on the offender's present
18inability to pay.

19(2) Of the fee collected, 50% shall be deposited into
20the county offender supervision fund established in each
21county in subsection (a), and the remaining 50% shall be
22deposited into the State Offender Supervision Fund
23established in subsection (b).

24(d) Board.--

25(1) The board shall impose as a condition of supervision
26a monthly supervision fee of at least $25 on any offender
27under the board's supervision, unless the board finds that
28the fee should be reduced, waived or deferred based on the
29offender's present inability to pay.

30(2) All fees collected shall be deposited into the State

1Offender Supervision Fund established in subsection (b).

2(e) Continuation.--

3(1) For offenders under supervision of a county
4probation department or the board as of August 14, 1991, the
5fee shall automatically become a part of the supervision
6conditions as if the court or board had imposed it, unless
7the court or board makes a finding that the offender is
8presently unable to pay.

9(2) The court or board may make a finding that the
10offender is unable to pay based on any of the following
11factors:

12(i) The offender has diligently attempted but has
13been unable to obtain employment that provides the
14offender sufficient income to make such payments.

15(ii) The offender is a student in a school, a
16college, a university or a course of vocational or
17technical training designed to fit the student for
18gainful employment.

19(iii) The offender has an employment handicap as
20determined by an examination acceptable to or ordered by
21the court or board.

22(iv) The offender's age prevents employment.

23(v) The offender is responsible for the support of
24dependents, and the payment of the assessment constitutes
25an undue hardship on the offender.

26(vi) Other extenuating circumstances as determined
27by the court or board.

28CHAPTER 93

29ENFORCEMENT

30Sec.

19301. Subrogation.

29302. Restitution.

39303. Penalty.

4§ 9301. Subrogation.

5(a) General rule.--

6(1) Payment of an award made under Chapter 87 (relating
7to compensation) shall subrogate the Commonwealth, to the
8extent of the payment, to any right of action against any
9person accruing to the claimant, the direct victim or the
10intervenor to recover losses resulting from the crime with
11respect to which the award is made.

12(2) In such a case, the Commonwealth shall be entitled
13to bring an action against the person causing or otherwise
14liable for the personal injuries or death for which the
15payment was made.

16(3) Money recovered under this section shall be
17deposited in the Crime Victim's Compensation Fund established
18in section 9101(b)(1) (relating to costs).

19(b) Excess.--

20(1) If an amount greater than that paid under Chapter 87
21is recovered and collected in such an action, the
22Commonwealth shall pay the balance to the claimant.

23(2) The Attorney General shall enforce any subrogation.

24(3) A claimant who fails to notify the Office of
25Victims' Services of the receipt of funds from any other
26claim or award arising out of the crime shall forfeit and pay
27to the Commonwealth an amount equal to all awards paid by the
28Office of Victims' Services to the claimant or on the
29claimant's behalf.

30§ 9302. Restitution.

1To the extent that restitution is ordered either prior to or
2subsequent to the making of an award by the Office of Victims'
3Services, the restitution shall be paid to the Commonwealth to
4the extent of the award by the Office of Victims' Services.

5§ 9303. Penalty.

6An individual who asserts a false claim under Chapter 87
7(relating to compensation) commits a misdemeanor of the third
8degree and shall, upon conviction, forfeit any benefit and
9reimburse and repay the Commonwealth for payments received or
10paid on the individual's behalf under Chapter 87.

11CHAPTER 95

12MISCELLANEOUS PROVISIONS

13Sec.

149501. Effect on legal actions.

15§ 9501. Effect on legal actions.

16Nothing in Chapters 75 (relating to victim advocate), 82
17(relating to crime victims), 83 (relating to administration),
18and 89 (relating to services) creates a cause of action or
19defense in favor of any person arising out of the failure to
20comply with any of these chapters.

21Section 11. Sections 4104(e)(5) and (j), 4301, 4503,
226134.1(d) and 6308(c) of Title 61 are amended to read:

23§ 4104. Referral to State intermediate punishment program.

24* * *

25(e) Resentencing.--The department may make a written request
26to the sentencing court that an offender who is otherwise
27eligible but has not been referred for evaluation or originally
28sentenced to State intermediate punishment be sentenced to State
29intermediate punishment. The court may resentence the offender
30to State intermediate punishment if all of the following apply:

1* * *

2(5) The court has otherwise complied with all other
3requirements for the imposition of sentence including victim
4notification under [the act of November 24, 1998 (P.L.882,
5No. 111), known as the Crime Victims Act] 44 Pa.C.S. Pt. V 
6(relating to victim services).

7* * *

8(j) Definitions.--As used in this section, the term 
9"personal injury crime" shall be defined as in [section 103 of 
10the act of November 24, 1998 (P.L.882, No.111), known as the 
11Crime Victims Act] 44 Pa.C.S. § 8103 (relating to definitions).

12§ 4301. Definitions.

13The following words and phrases when used in this chapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Victim." The term shall have the same meaning given to it 
17in [section 103 of the act of November 24, 1998 (P.L.882, 
18No.111), known as the Crime Victims Act] 44 Pa.C.S. § 8103 
19(relating to definitions).

20"Victim advocate." The victim advocate within the 
21Pennsylvania Board of Probation and Parole.

22§ 4503. Definitions.

23The following words and phrases when used in this chapter
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Court." The trial judge exercising sentencing jurisdiction
27over an eligible offender under this chapter or the president
28judge or the president judge's designee if the original trial
29judge is no longer serving as a judge of the sentencing court.

30"Defendant." An individual charged with a criminal offense.

1"Eligible offender." A defendant or inmate convicted of a
2criminal offense who will be committed to the custody of the
3department and who meets all of the following eligibility
4requirements:

5(1) Does not demonstrate a history of present or past
6violent behavior.

7(2) Has not been subject to a sentence the calculation
8of which includes an enhancement for the use of a deadly
9weapon as defined under law or the sentencing guidelines
10promulgated by the Pennsylvania Commission on Sentencing or
11the attorney for the Commonwealth has not demonstrated that
12the defendant has been found guilty of or was convicted of an
13offense involving a deadly weapon or offense under 18 Pa.C.S.
14Ch. 61 (relating to firearms and other dangerous articles) or
15the equivalent offense under the laws of the United States or
16one of its territories or possessions, another state, the
17District of Columbia, the Commonwealth of Puerto Rico or a
18foreign nation.

19(3) Has not been found guilty of or previously convicted 
20of or adjudicated delinquent for or an attempt or conspiracy 
21to commit a personal injury crime as defined under [section 
22103 of the act of November 24, 1998 (P.L.882, No.111), known 
23as the Crime Victims Act] 44 Pa.C.S. § 8103 (relating to 
24definitions), except for an offense under 18 Pa.C.S. § 2701 
25(relating to simple assault) when the offense is a 
26misdemeanor of the third degree, or an equivalent offense 
27under the laws of the United States or one of its territories 
28or possessions, another state, the District of Columbia, the 
29Commonwealth of Puerto Rico or a foreign nation.

30(4) Has not been found guilty or previously convicted or

1adjudicated delinquent for violating any of the following
2provisions or an equivalent offense under the laws of the
3United States or one of its territories or possessions,
4another state, the District of Columbia, the Commonwealth of
5Puerto Rico or a foreign nation:

618 Pa.C.S. § 4302(a) (relating to incest).

718 Pa.C.S. § 5901 (relating to open lewdness).

818 Pa.C.S. Ch. 76 Subch. C (relating to Internet
9child pornography).

10Received a criminal sentence pursuant to 42 Pa.C.S. §
119712.1 (relating to sentences for certain drug offenses
12committed with firearms).

13Any offense for which registration is required under
1442 Pa.C.S. Ch. 97 Subch. H (relating to registration of
15sexual offenders).

16(5) Is not awaiting trial or sentencing for additional
17criminal charges, if a conviction or sentence on the
18additional charges would cause the defendant to become
19ineligible under this definition.

20(6) Has not been found guilty or previously convicted of
21violating section 13(a)(14), (30) or (37) of the act of April
2214, 1972 (P.L.233, No.64), known as The Controlled Substance,
23Drug, Device and Cosmetic Act, where the sentence was imposed
24pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii),
25(4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking
26sentencing and penalties).

27"Program plan." An individualized plan recommended by the
28department that contains approved treatment and other approved
29programs designed to reduce recidivism risk of a specific
30inmate.

1§ 6134.1. General criteria for parole by court.

2* * *

3(d) Definitions.--As used in this section, the following
4words and phrases shall have the meanings given to them in this
5subsection:

6"Personal injury crime." The term shall have the meaning set
7forth in [section 103 of the act of November 24, 1998 (P.L.882,
8No.111), known as the Crime Victims Act] 44 Pa.C.S. § 8103 
9(relating to definitions).

10"Victim." The term shall mean, in addition to the meaning 
11set forth in [section 103 of the act of November 24, 1998 
12(P.L.882, No.111), known as the Crime Victims Act] 44 Pa.C.S. § 
138103 (relating to definitions), a member of the victim's family 
14if the victim is incapable of communicating or has died.

15§ 6308. County Probation Officers' Firearm Education and
16Training Fund.

17* * *

18(c) Other moneys to be used.--In addition to payment of 
19training expenses as prescribed under subsection (b), training 
20expenses may also be paid out of the county offender supervision 
21fund under [section 1102 of the act of November 24, 1998 
22(P.L.882, No.111), known as the Crime Victims Act,] 44 Pa.C.S. § 
239102 (relating to costs for offender supervision programs) or 
24any other county fund.

25* * *

26Section 12. The addition of 44 Pa.C.S. Ch. 31 is a
27continuation of the act of November 22, 1978 (P.L.1166, No.274),
28referred to as the Pennsylvania Commission on Crime and
29Delinquency Law. The following apply:

30(1) Except as otherwise provided in 44 Pa.C.S. Ch. 31,

1all activities initiated under the Pennsylvania Commission on
2Crime and Delinquency Law shall continue and remain in full
3force and effect and may be completed under 44 Pa.C.S. Ch.
431. Resolutions, orders, regulations, rules and decisions
5which were made under the Pennsylvania Commission on Crime
6and Delinquency Law and which are in effect on the effective
7date of this section shall remain in full force and effect
8until revoked, vacated or modified under 44 Pa.C.S. Ch. 31.
9Contracts, obligations and agreements entered into under the
10Pennsylvania Commission on Crime and Delinquency Law are not
11affected nor impaired by the repeal of the Pennsylvania
12Commission on Crime and Delinquency Law.

13(2) Except as set forth in paragraphs (3) and (4), any
14difference in language between 44 Pa.C.S. Ch. 31 and the
15Pennsylvania Commission on Crime and Delinquency Law is
16intended only to conform to the style of the Pennsylvania
17Consolidated Statutes and is not intended to change or affect
18the legislative intent, judicial construction or
19administrative interpretation and implementation of the
20Pennsylvania Commission on Crime and Delinquency Law.

21(3) Paragraph (2) does not apply to 44 Pa.C.S. § 3102(b)
22(19).

23(4) The following provisions of the Pennsylvania
24Commission on Crime and Delinquency Law are obsolete and
25excluded from the addition of 44 Pa.C.S. Ch. 31:

26(i) The definition of "targeted community" in
27section 1 of the act.

28(ii) Sections 3(6.3), (8) and (17), 4(2) and (7), 8,
2910 and 11 of the act.

30(5) A reference in any other act or regulation to the

1Pennsylvania Commission on Crime and Delinquency Law shall be
2deemed to be a reference to 44 Pa.C.S. Ch. 31.

3Section 13. The addition of 44 Pa.C.S. Ch. 73 Subch. C is a
4continuation of the act of February 9, 1984 (P.L.3, No.2), known
5as the Deputy Sheriffs' Education and Training Act. The
6following apply:

7(1) Except as otherwise provided in 44 Pa.C.S. Ch. 73
8Subch. C, all activities initiated under the Deputy Sheriffs'
9Education and Training Act shall continue and remain in full
10force and effect and may be completed under 44 Pa.C.S. Ch. 73
11Subch. C. Resolutions, orders, regulations, rules and
12decisions which were made under the Deputy Sheriffs'
13Education and Training Act and which are in effect on the
14effective date of this section shall remain in full force and
15effect until revoked, vacated or modified under 44 Pa.C.S.
16Ch. 73 Subch. C. Contracts, obligations and agreements
17entered into under the Deputy Sheriffs' Education and
18Training Act are not affected nor impaired by the repeal of
19the Deputy Sheriffs' Education and Training Act.

20(2) Except as set forth in paragraph (3), any difference
21in language between 44 Pa.C.S. Ch. 73 Subch. C and the Deputy
22Sheriffs' Education and Training Act is intended only to
23conform to the style of the Pennsylvania Consolidated
24Statutes and is not intended to change or affect the
25legislative intent, judicial construction or administrative
26interpretation and implementation of the Deputy Sheriffs'
27Education and Training Act.

28(3) The following provisions of the Deputy Sheriffs'
29Education and Training Act are obsolete and excluded from the
30addition of 44 Pa.C.S. Ch. 73 Subch. C:

1(i) The exception for appointments upon the
2effective date of the act as contained in the first
3sentence of section 3(c) and the first sentence of
4subsection (h) of the act.

5(ii) Section 7(a) and the first sentence of
6subsection (c) of the act.

7(iii) Section 8(b)(1) and (2) and (b.1)(1) and (2)
8of the act.

9(4) A reference in any other act or regulation to the
10Deputy Sheriffs' Education and Training Act shall be deemed
11to be a reference to 44 Pa.C.S. Ch. 73 Subch. C.

12Section 14. The addition of 44 Pa.C.S. Chapter 75 and Part V
13is a continuation of the act of November 24, 1998 (P.L.882,
14No.111), known as the Crime Victims Act. The following apply:

15(1) Except as otherwise provided in 44 Pa.C.S. Ch. 75
16and Part V, all activities initiated under the Crime Victims
17Act shall continue and remain in full force and effect and
18may be completed under 44 Pa.C.S. Ch. 75 and Part V, as
19applicable. Resolutions, orders, regulations, rules and
20decisions which were made under the Crime Victims Act and
21which are in effect on the effective date of this section
22shall remain in full force and effect until revoked, vacated
23or modified under 44 Pa.C.S. Ch. 75 and Part V, as
24applicable. Contracts, obligations and agreements entered
25into under the Crime Victims Act are not affected nor
26impaired by the repeal of the Crime Victims Act.

27(2) Any difference in language between 44 Pa.C.S. Ch. 75
28and Part V and the Crime Victims Act is intended only to
29conform to the style of the Pennsylvania Consolidated
30Statutes and is not intended to change or affect the

1legislative intent, judicial construction or administrative
2interpretation and implementation of the Crime Victims Act.

3(3) A reference in any other act or regulation to the
4Crime Victims Act shall be deemed to be a reference to 44
5Pa.C.S. Ch. 75 and Part V, as applicable.

6Section 15. Repeals are as follows:

7(1) The General Assembly finds that the repeals under
8paragraph (2) are necessary to effectuate this act.

9(2) The following acts and parts of acts are repealed to
10the extent specified:

11(i) The act of November 22, 1978 (P.L.1166, No.274),
12referred to as the Pennsylvania Commission on Crime and
13Delinquency Law, is repealed.

14(ii) The act of February 9, 1984 (P.L.3, No.2),
15known as the Deputy Sheriffs' Education and Training Act,
16is repealed.

17(iii) The act of November 24, 1998 (P.L.882,
18No.111), known as the Crime Victims Act, is repealed.

19(iv) The act of December 21, 1998 (P.L.1187,
20No.152), known as the Senior Citizen Advisory Committee
21Act, is repealed.

22Section 16. This act shall take effect in 60 days.

23

24

25

26

27

28

29

30

1SOURCE NOTES

2The source notes for this act are as follows:

3  4Repealed 5Act	Section	Unofficial Citation	Superseding Provision of Title 44 (unless otherwise noted)
6None	n/a	n/a	101 (new)
71978, November 22 8(P.L.1166,No.274) 9  10	1	71 P.S. § 1190.21	3101 (def. of "targeted community" repealed as obsolete)
111978, November 22 12(P.L.1166,No.274)	2	71 P.S. § 1190.22	3102 ((b)(19) is new)
131978, November 22 14(P.L.1166,No.274) 15  16  17	3	71 P.S. § 1190.23	3103 para. (6.3), (8) and (17) repealed as obsolete; para. (19) is new)
181978, November 22 19(P.L.1166,No.274) 20  21	4	71 P.S. § 1190.24	3104 (para. (2) and (7) repealed as obsolete)
221978, November 22 23(P.L.1166,No.274)	5	71 P.S. § 1190.25	3105
241978, November 22 25(P.L.1166,No.274)	6	71 P.S. § 1190.26	3106
261978, November 22 27(P.L.1166,No.274) 28  29	7	Repealed 2012, October 25 (P.L.1607, No.196)	3107 (reserved)
301978, November 22 20130SB1341PN1970 -99-     1(P.L.1166,No.274) 2  3	7.1	Repealed 2012, October 25 (P.L.1607, No.196)	None
41978, November 22 5(P.L.1166,No.274) 6  7	7.2	Repealed 2012, October 25 (P.L.1607, No.196)	None
81978, November 22 9(P.L.1166,No.274)	8	71 P.S. § 1190.28	Repealed as obsolete
101978, November 22 11(P.L.1166,No.274)	8.1	71 P.S. § 1190.28a	3108
121978, November 22 13(P.L.1166,No.274)	9	71 P.S. § 1190.29	3109
141978, November 22 15(P.L.1166,No.274)	10	71 P.S. § 1190.30	Repealed as obsolete
161978, November 22 17(P.L.1166,No.274)	11	71 P.S. § 1190.31	Repealed as obsolete
181978, November 22 19(P.L.1166,No.274) 20  21	12	Repealed 1982, December 16 (P.L.1355, No.310)	None
221978, November 22 23(P.L.1166,No.274)	13	71 P.S. § 1190.33	Repealed as obsolete
241978, November 22 25(P.L.1166,No.274) 26	14	n/a (Effective date)	Repealed as obsolete
271984, February 9 28(P.L.3, No.2)	1	71 P.S. § 2101	7321
291984, February 9 30(P.L.3, No.2)	2	71 P.S. § 2102	7322
20130SB1341PN1970 -100-
11984, February 9 2(P.L.3, No.2) 3  4  5	3	71 P.S. § 2103	7323 (part of subsection (c), (g) and (h) repealed as obsolete)
61984, February 9 7(P.L.3, No.2)	4	71 P.S. § 2104	7324
81984, February 9 9(P.L.3, No.2)	5	71 P.S. § 2105	7325
101984, February 9 11(P.L.3, No.2)	6	71 P.S. § 2106	7326
121984, February 9 13(P.L.3, No.2) 14  15	7	71 P.S. § 2107	7327 (subsection (a) and (c) first sentence repealed as obsolete)
161984, February 9 17(P.L.3, No.2) 18  19  20	8	71 P.S. § 2108	7328 (part of subsections (b) and (b.1) repealed as obsolete)
211984, February 9 22(P.L.3, No.2)	9	71 P.S. § 2109	7329
231984, February 9 24(P.L.3, No.2) 25	10	n/a (Effective date)	Repealed as obsolete
261998, November 24 27(P.L.882, No.111)	101	18 P.S. § 11.101	8101
281998, November 24 29(P.L.882, No.111)	102	18 P.S. § 11.102	8102
301998, November 24 20130SB1341PN1970 -101-     1(P.L.882, No.111) 2  3  4  5  6	103	18 P.S. § 11.103	8103 (several definitions are new; def. of "local correctional institution" repealed as obsolete)
71998, November 24 8(P.L.882, No.111)	201	18 P.S. § 11.201	8201
91998, November 24 10(P.L.882, No.111)	201	18 P.S. § 11.201	8201
111998, November 24 12(P.L.882, No.111)	211	18 P.S. § 11.211	8211
131998, November 24 14(P.L.882, No.111)	212	18 P.S. § 11.212	8212
151998, November 24 16(P.L.882, No.111)	213	18 P.S. § 11.213	8213
171998, November 24 18(P.L.882, No.111)	214	18 P.S. § 11.214	8214
191998, November 24 20(P.L.882, No.111)	215	18 P.S. § 11.215	8215
211998, November 24 22(P.L.882, No.111)	216	18 P.S. § 11.216	8216
231998, November 24 24(P.L.882, No.111) 25	301 (a) (c)	18 P.S. § 11.301 (a) and (c)	7501(a) and (b)
261998, November 24 27(P.L.882, No.111)	301 (b)	18 P.S. § 11.301(b)	7502
281998, November 24 29(P.L.882, No.111)	302	18 P.S. § 11.302 n/a	7503 Chapter 83
30n/a 20130SB1341PN1970 -102-     1			Subchapter A (Reserved)
21998, November 24 3(P.L.882, No.111)	311	18 P.S. § 11.311	8311
41998, November 24 5(P.L.882, No.111)	312	18 P.S. § 11.312	8312
61998, November 24 7(P.L.882, No.111)	321	18 P.S. § 11.321	8321
81998, November 24 9(P.L.882, No.111)	322	18 P.S. § 11.322	8322
101998, November 24 11(P.L.882, No.111)	501	18 P.S. § 11.501	7511
121998, November 24 13(P.L.882, No.111)	502	18 P.S. § 11.502	7512
141998, November 24 15(P.L.882, No.111)	701	18 P.S. § 11.701	8701
161998, November 24 17(P.L.882, No.111) 18  19	702	18 P.S. § 11.702	8702((b)(2)(i) and (ii) replace (b)(2) (ii) and (ii.1))
20n/a 21		n/a	Chapter 85 (Reserved)
221998, November 24 23(P.L.882, No.111)	703	18 P.S. § 11.703	8703
241998, November 24 25(P.L.882, No.111)	704	18 P.S. § 11.704	8704
261998, November 24 27(P.L.882, No.111)	705	18 P.S. § 11.705	8705
281998, November 24 29(P.L.882, No.111)	706	18 P.S. § 11.706	8706
301998, November 24 20130SB1341PN1970 -103-     1(P.L.882, No.111)	707	18 P.S. § 11.707	8707
21998, November 24 3(P.L.882, No.111)	708	18 P.S. § 11.708	8708
41998, November 24 5(P.L.882, No.111)	709	18 P.S. § 11.709	8709
61998, November 24 7(P.L.882, No.111)	710	18 P.S. § 11.710	8710
81998, November 24 9(P.L.882, No.111)	901	18 P.S. § 11.901	8901
101998, November 24 11(P.L.882, No.111)	902	18 P.S. § 11.902	8902
121998, November 24 13(P.L.882, No.111) 14  15	903	18 P.S. § 11.903	8903 (part of subsection (f) repealed as obsolete)
161998, November 24 17(P.L.882, No.111)	1101	18 P.S. § 11.1101	9101
181998, November 24 19(P.L.882, No.111)	1102	18 P.S. § 11.1102	9102
201998, November 24 21(P.L.882, No.111)	1301	18 P.S. § 11.1301	9301
221998, November 24 23(P.L.882, No.111)	1302	18 P.S. § 11.1302	9302
241998, November 24 25(P.L.882, No.111)	1303	18 P.S. § 11.1303	9303
261998, November 24 27(P.L.882, No.111)	5101	18 P.S. § 11.5101	9501
281998, November 24 29(P.L.882, No.111)	5102	18 P.S. § 11.5102	9502
301998, November 24 20130SB1341PN1970 -104-     1(P.L.882, No.111) 2	5103	n/a (Repeals)	Repealed as obsolete
31998, November 24 4(P.L.882, No.111) 5	5104	n/a (Effective date)	Repealed as obsolete