PRINTER'S NO. 2102
No. 1734 Session of 1995
INTRODUCED BY BAKER, LYNCH, BELARDI, CORRIGAN, L. I. COHEN,
BUNT, FLICK, DiGIROLAMO, STABACK, TRELLO, MERRY, CAWLEY,
CLARK, TRAVAGLIO, BUXTON, SAYLOR, BEBKO-JONES, EGOLF, FARGO,
SCHULER, GANNON, E. Z. TAYLOR, SATHER, BATTISTO, WOGAN AND
PISTELLA, JUNE 14, 1995
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 1995
AN ACT
1 Amending the act of March 21, 1995 (1st Sp.Sess., P.L. ,
2 No.8), entitled "An act creating the Office of Victim
3 Advocate," further providing for powers and duties of the
4 victim advocate, for procedures and for hearings.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 4, 5(c) and 6 of the act of March 21,
8 1995 (1st Sp.Sess., P.L. , No.8), known as the Victim
9 Advocate Law, are amended to read:
10 Section 4. Powers and duties of victim advocate.
11 In addition to any other authority conferred by this act or
12 any other law, the victim advocate is authorized, and it shall
13 be the victim advocate's duty, to represent the interests of
14 individual crime victims before the board, department or hearing
15 examiner. The victim advocate shall supervise the victim
16 notification duties presently conducted by the board. In
17 addition, the victim advocate shall assist in and coordinate the
1 preparation of [oral] testimony by the crime victims as set
2 forth in sections 5(c) and 6 or the submission of written or
3 videotaped comments by crime victims prior to a release decision
4 and shall represent the interests of a crime victim under
5 section 6. The victim advocate shall act as a liaison with the
6 victim notification program director in the department to
7 coordinate victim notification and services for the department
8 and the board. The victim advocate is authorized to address the
9 interests of all victims before the board, department or hearing
10 examiner, concerning any issues determined appropriate by the
11 victim advocate.
12 Section 5. Pre-parole notification to victim.
13 * * *
14 (c) Procedure.--The victim advocate shall notify the person
15 at the person's last known mailing address. The person shall
16 submit the written or videotaped statement to the victim
17 advocate within 30 days of the date of notice. The statement
18 shall be considered by the board during preparation of the
19 parole plan.
20 Section 6. Petitions to deny parole upon expiration of minimum
21 sentence.
22 Upon the request of the victim of a crime who has notified
23 the board in writing of the victim's desire to have input and
24 make comment prior to a parole release decision, the victim
25 advocate shall either petition the board as to the special
26 conditions of release which may be imposed or that the offender
27 not be paroled based upon the statement that the victim
28 submitted under section 5. The victim or the victim's
29 representative shall be permitted to appear in person before the
30 board or hearing examiner or, in the alternative, the victim's
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1 testimony may be presented by conference call. The testimony of
2 a victim before the board shall be confidential, all records
3 maintained by the department and the board pertaining to victims
4 shall be kept separate, and current address, telephone number
5 and any other personal information of the victim and family
6 members shall be deemed confidential. The board may, in its
7 discretion, upon petition and after an interview, order that
8 special conditions of parole be placed upon the offender or the
9 offender not be paroled based upon the continuing effect of the
10 crime on the victim, or may order that the offender not be
11 paroled if the board finds that the offender would pose a risk
12 or danger to the victim or the family of the victim if the
13 offender were released on parole or if the interests of the
14 Commonwealth would otherwise be injured. The board shall notify
15 the victim of its decision prior to a release of the offender.
16 Notwithstanding the provisions of this or any other act of the
17 General Assembly, the Office of the District Attorney of the
18 sentencing county may notify crime victims of any pending
19 release decision and act on such victim's behalf or on its own
20 initiative to submit comments and represent the interests of a
21 crime victim before the board prior to a release decision.
22 Section 2. This act shall take effect in 60 days.
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