PRINTER'S NO. 1460
No. 1192 Session of 1997
INTRODUCED BY EARLL, LOEPER, BELL, BRIGHTBILL, GERLACH, HART, AFFLERBACH, BODACK, KASUNIC, KUKOVICH, PICCOLA, PUNT, RHOADES, ROBBINS, SALVATORE, SLOCUM, STAPLETON, STOUT, THOMPSON, TOMLINSON, WILLIAMS AND WOZNIAK, NOVEMBER 17, 1997
REFERRED TO JUDICIARY, NOVEMBER 17, 1997
AN ACT 1 Providing for victims' rights; imposing penalties; establishing 2 remedies; establishing the Office of Victim Advocate, the 3 Bureau of Victims' Services, the Victims' Services Advisory 4 Committee, the State Offender Supervision Fund and other 5 funds; and making repeals. 6 TABLE OF CONTENTS 7 Chapter 1. Preliminary Provisions 8 Section 101. Short title. 9 Section 102. Legislative intent. 10 Section 103. Definitions. 11 Chapter 2. Crime Victims 12 Subchapter A. Bill of Rights 13 Section 201. Rights. 14 Subchapter B. Responsibilities 15 Section 211. Responsibilities of victims of crime under basic 16 bill of rights. 17 Section 212. Responsibilities of State and local law 18 enforcement agencies.
1 Section 213. Responsibilities of prosecutor's office. 2 Section 214. Responsibilities of department, local correctional 3 facilities and board. 4 Section 215. Responsibilities of Department of Public Welfare 5 and mental health institutions under basic bill 6 of rights. 7 Chapter 3. Administration 8 Subchapter A. Victim Advocate 9 Section 301. Office. 10 Section 302. Powers and duties of victim advocate. 11 Subchapter B. Bureau of Victims' Services 12 Section 311. Bureau. 13 Section 312. Powers and duties of bureau. 14 Subchapter C. Committee 15 Section 321. Committee. 16 Section 322. Powers and duties of committee. 17 Chapter 5. Parole Advocacy 18 Section 501. Preparole notification to victim. 19 Section 502. Petitions to deny parole upon expiration of 20 minimum sentence. 21 Chapter 7. Compensation 22 Section 701. Persons eligible for compensation. 23 Section 702. Filing of claims for compensation. 24 Section 703. Minimum allowable claim. 25 Section 704. Determination of claims. 26 Section 705. Judicial review. 27 Section 706. Emergency awards. 28 Section 707. Awards. 29 Section 708. Manner of payment. 30 Section 709. Confidentiality of records. 19970S1192B1460 - 2 -
1 Section 710. Responsibilities of service providers and 2 insurance companies. 3 Chapter 9. Services 4 Section 901. Eligibility of victims. 5 Section 902. Establishment of basic services for victims of 6 crime. 7 Section 903. Grant program for services. 8 Chapter 11. Financial Matters 9 Section 1101. Costs. 10 Section 1102. Costs for offender supervision programs. 11 Chapter 13. Enforcement 12 Section 1301. Subrogation. 13 Section 1302. Restitution. 14 Section 1303. Penalty. 15 Chapter 51. Miscellaneous Provisions 16 Section 5101. Effect on legal actions. 17 Section 5102. Continuation of existing law. 18 Section 5103. Repeals. 19 Section 5104. Effective date. 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 CHAPTER 1 23 PRELIMINARY PROVISIONS 24 Section 101. Short title. 25 This act shall be known and may be cited as the Crime Victims 26 Act. 27 Section 102. Legislative intent. 28 The General Assembly finds and declares as follows: 29 (1) In recognition of the civic and moral duty of 30 victims of crime to fully and voluntarily cooperate with law 19970S1192B1460 - 3 -
1 enforcement and prosecutorial agencies and in further 2 recognition of the continuing importance of victim 3 cooperation to State and local law enforcement efforts and 4 the general effectiveness and well-being of the criminal 5 justice system of this Commonwealth, all victims of crime are 6 to be treated with dignity, respect, courtesy and 7 sensitivity. 8 (2) The rights extended to victims of crime in Chapter 2 9 are to be honored and protected by law enforcement agencies, 10 prosecutors and judges in a manner no less vigorous than the 11 protections afforded criminal defendants. 12 Section 103. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Board." The Pennsylvania Board of Probation and Parole. 17 "Bureau." The Bureau of Victims' Services in the 18 Pennsylvania Commission on Crime and Delinquency. 19 "Claimant." The person filing a claim under Chapter 7. 20 "Commission." The Pennsylvania Commission on Crime and 21 Delinquency. 22 "Committee." The Victims' Services Advisory Committee 23 established in section 321. 24 "Crime." An act, including an act resulting in injury 25 intentionally inflicted through the use of a motor vehicle, 26 which was committed: 27 (1) In this Commonwealth by a person, without regard to 28 legal exemption or defense which would constitute a crime 29 under: 30 (i) the act of April 14, 1972 (P.L.233, No.64), 19970S1192B1460 - 4 -
1 known as The Controlled Substance, Drug, Device and 2 Cosmetic Act; 3 (ii) 18 Pa.C.S. (relating to crimes and offenses), 4 30 Pa.C.S. § 5502 (relating to operating watercraft under 5 influence of alcohol or controlled substance) or 5502.1 6 (relating to homicide by watercraft while operating under 7 influence) and 75 Pa.C.S. § 3731 (relating to driving 8 under influence of alcohol or controlled substance) or 9 3735 (relating to homicide by vehicle while driving under 10 influence); or 11 (iii) the laws of the United States. 12 (2) Against a resident of this Commonwealth which would 13 be a crime under paragraph (1) but for its occurrence in a 14 state other than this Commonwealth. 15 (3) Against a resident of this Commonwealth which is an 16 act of international terrorism. 17 "Department." The Department of Corrections of the 18 Commonwealth. 19 "Direct victim." An individual against whom a crime has been 20 committed, and who, as a direct result of the crime, suffers 21 physical or mental injury, death or the loss of earnings under 22 this act. The term shall not include the alleged offender. The 23 term includes: a resident of this Commonwealth against whom an 24 act has been committed which otherwise would constitute a crime 25 as defined in this act but for its occurrence in a state other 26 than this Commonwealth and for which the person would otherwise 27 be compensated by the crime victim compensation program of the 28 state where the act occurred but for the ineligibility of such 29 program under the provisions of the Victims of Crime Act of 1984 30 (Public Law 98-473, 42 U.S.C. § 10601 et seq.). 19970S1192B1460 - 5 -
1 "Dispositional proceeding." A proceeding which occurs in 2 open common pleas court which potentially could dispose of the 3 case. The term includes Accelerated Rehabilitative Disposition, 4 pleas, trial and sentence. 5 "Diversionary program." A program which is used to divert 6 the defendant to an alternative form of disposition under the 7 Pennsylvania Rules of Criminal Procedure or statutory authority. 8 The term includes dispositions authorized by Rules 160, 176 and 9 314 of the Pennsylvania Rules of Criminal Procedure and sections 10 17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known 11 as The Controlled Substance, Drug, Device and Cosmetic Act. 12 "Family." When used in reference to an individual: 13 (1) anyone related to that individual within the third 14 degree of consanguinity or affinity; 15 (2) anyone maintaining a common-law relationship with 16 that individual; or 17 (3) anyone residing in the same household with that 18 individual. 19 "Injury." Includes physical or mental damages incurred as a 20 direct result of the crime and aggravation of existing injuries 21 if additional losses can be attributed to the direct result of 22 the crime. Compensation for mental damages is limited to 23 expenses incurred for psychological or psychiatric services 24 which became necessary as a direct result of the crime. 25 "International terrorism." Activities which meet all of the 26 following: 27 (1) Involve violent acts or acts dangerous to human life 28 that are a violation of the criminal laws of the United 29 States or of any state, or that would be a criminal violation 30 if committed within the jurisdiction of the United States or 19970S1192B1460 - 6 -
1 of any state. 2 (2) Appear to be intended: 3 (i) to intimidate or coerce a civilian population; 4 (ii) to influence the policy of a government by 5 intimidation or coercion; or 6 (iii) to affect the conduct of a government by 7 assassination or kidnapping. 8 (3) Occur primarily outside of the territorial 9 jurisdiction of the United States, or transcend national 10 boundaries in terms of the means by which they are 11 accomplished, the persons they appear intended to intimidate 12 or coerce or the locale in which their perpetrators operate 13 or seek asylum. 14 "Intervenor." An individual who goes to the aid of another 15 and suffers physical or mental injury or death as a direct 16 result of acting not recklessly to prevent the commission of a 17 crime, to lawfully apprehend a person reasonably suspected of 18 having committed such crime, or to aid the victim of such crime. 19 "Law enforcement agency." The Pennsylvania State Police and 20 a local law enforcement agency. 21 "Local correctional facility." A jail, prison or detention 22 facility operated by a county or jointly by more than one county 23 and used for the confinement of individuals for safe custody. 24 The term does not include any facility used for the detention or 25 confinement of juveniles. 26 "Local law enforcement agency." A police department of a 27 city, borough, incorporated town or township. 28 "Loss of earnings." Includes the loss of the cash equivalent 29 of one month's worth of Social Security, railroad retirement, 30 pension plan, retirement plan, disability, veteran's retirement, 19970S1192B1460 - 7 -
1 court-ordered child support or court-ordered spousal support 2 payment, if the payment is the primary source of the victim's 3 income and the victim is deprived of the money as a direct 4 result of a crime. 5 "Office." The Office of Victim Advocate established in 6 section 302. 7 "Out-of-pocket loss." The unreimbursed and unreimbursable 8 expenses or indebtedness incurred for medical care, nonmedical 9 remedial care and treatment rendered in accordance with a 10 religious method of healing as approved by the board, or other 11 services. The term includes psychological counseling, prosthetic 12 devices, eyeglasses or other corrective lenses and dental 13 devices, reasonably necessary as a result of the injury upon 14 which the claim is based and for which the claimant either has 15 paid or is liable. The term includes expenses for physical 16 examinations and materials used to obtain evidence. The term 17 does not include property damage or pain and suffering. 18 "Personal injury crime." An act, attempt or threat to commit 19 an act which would constitute a misdemeanor or felony under the 20 following: 21 18 Pa.C.S. Ch. 25 (relating to criminal homicide). 22 18 Pa.C.S. Ch. 27 (relating to assault). 23 18 Pa.C.S. Ch. 29 (relating to kidnapping). 24 18 Pa.C.S. Ch. 31 (relating to sexual offenses). 25 18 Pa.C.S. § 3301 (relating to arson and related 26 offenses). 27 18 Pa.C.S. Ch. 37 (relating to robbery). 28 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and 29 witness intimidation). 30 75 Pa.C.S. § 3735 (relating to homicide by vehicle while 19970S1192B1460 - 8 -
1 driving under influence). 2 The term includes violations of any protective order issued as a 3 result of an act related to domestic violence. 4 "Prosecutor's office." The Office of Attorney General or the 5 office of a district attorney of a county. 6 "Victim." The term means the following: 7 (1) An individual against whom a crime is being or has 8 been perpetrated or attempted under this act. 9 (2) A parent or legal guardian of a child so victimized, 10 except when the parent or legal guardian of the child is the 11 alleged offender. 12 (3) A family member of a homicide victim, including 13 stepbrothers or stepsisters, stepchildren, stepparents or a 14 fiance, one of whom is to be identified to receive 15 communication as provided for in this act, except where the 16 family member is the alleged offender. 17 "Victim advocate." The victim advocate in the Office of 18 Victim Advocate within the Pennsylvania Board of Probation and 19 Parole. 20 CHAPTER 2 21 CRIME VICTIMS 22 SUBCHAPTER A 23 BILL OF RIGHTS 24 Section 201. Rights. 25 Victims of crime have the following rights: 26 (1) To receive basic information concerning the services 27 available for victims of crime. 28 (2) To be notified of certain significant actions and 29 proceedings within the criminal justice system pertaining to 30 their case. 19970S1192B1460 - 9 -
1 (3) To be accompanied at all public criminal proceedings 2 by a family member, a victim advocate or another person. 3 (4) In cases involving personal injury crimes, burglary 4 or violations of 75 Pa.C.S. § 3731 (relating to driving under 5 influence of alcohol or controlled substance) which involve 6 bodily injury, to submit prior comment to the prosecutor's 7 office on the potential reduction or dropping of any charge 8 or changing of a plea. 9 (5) To have opportunity to offer prior comment on the 10 sentencing of a defendant, to include the submission of a 11 written victim impact statement detailing the physical, 12 psychological and economic effects of the crime on the victim 13 and the victim's family and to have such comment considered 14 by the judge when determining the defendant's sentence. 15 (6) To be restored, to the extent possible, to the 16 precrime economic status through the provision of 17 restitution; compensation; and the expeditious return of 18 property which is seized as evidence in the case when, in the 19 judgment of the prosecutor, the evidence is no longer needed 20 for prosecution of the case. 21 (7) In personal injury crimes where the offender is 22 sentenced to a State correctional facility, to be: 23 (i) given the opportunity to provide prior comment 24 on and to receive State postsentencing release decisions, 25 including work release, furlough, parole, pardon or 26 community treatment center placement; and 27 (ii) provided immediate notice of an escape of the 28 offender. 29 (8) In personal injury crimes where the offender is 30 sentenced to a local correctional facility, to: 19970S1192B1460 - 10 -
1 (i) receive notice of the date of the release of the 2 offender, including work release, furlough, parole or 3 community treatment center placement; and 4 (ii) be provided with immediate notice of an escape 5 of the offender. 6 (9) If the offender is subject to an order under 23 7 Pa.C.S. Ch. 61 (relating to protection from abuse) and is 8 committed to a local correctional facility for a violation of 9 the order or for a personal injury crime against a victim 10 protected by the order, to receive immediate notice of the 11 release of the offender on bail. 12 (10) To receive notice if an offender is committed to a 13 mental health facility from a State correctional institution 14 and notice of the discharge, transfer or escape of the 15 offender from the mental health facility. 16 (11) To have assistance in the preparation of, 17 submission of and follow-up on financial assistance claims to 18 the bureau. 19 SUBCHAPTER B 20 RESPONSIBILITIES 21 Section 211. Responsibilities of victims of crime under basic 22 bill of rights. 23 A victim shall provide a valid address and telephone number 24 and any other required information to all agencies responsible 25 for providing information and notice to the victim. The victim 26 shall be responsible for providing timely notice of any changes 27 in the status of the information. The information provided shall 28 not be disclosed to any person other than a law enforcement 29 agency, corrections agency or prosecutor's office without the 30 prior written consent of the victim. 19970S1192B1460 - 11 -
1 Section 212. Responsibilities of State and local law 2 enforcement agencies. 3 (a) Training.--A law enforcement agency shall insure that 4 all of its officers and employees are familiar with crime 5 victims' compensation as provided for in Chapter 7. Instruction 6 concerning crime victims' compensation shall be made a part of 7 the training curriculum for all trainee officers. 8 (b) Notice.--Law enforcement agencies shall, within 48 hours 9 of reporting, give notice to the direct victim or, if 10 appropriate, a member of the direct victim's family of the 11 availability of crime victims' compensation. The notice required 12 under this subsection shall be in writing and shall include the 13 following paragraph: 14 If you have sustained injury as a direct result of a 15 crime, including drunk driving, or are legally dependent 16 for support upon a person who has sustained physical 17 injury or death as a direct result of a crime, or, in the 18 event of a death caused by a crime, you have legally 19 assumed or voluntarily paid the medical or burial 20 expenses incurred as a direct result thereof, or if you 21 have sustained a loss of a primary source of income, you 22 may qualify for indemnification by the Commonwealth of 23 Pennsylvania for the out-of-pocket wages, other out-of- 24 pocket losses, and medical or burial expenses which you 25 have incurred as a result of the crime. Claims must be 26 filed with the Bureau of Victims' Services for the 27 Commonwealth of Pennsylvania. For further information 28 regarding this program, please contact: 29 (Name, business address and telephone 30 number of the local law enforcement 19970S1192B1460 - 12 -
1 agency) 2 or 3 Bureau of Victims' Services 4 (at the address of the bureau as 5 published from time to time in 6 the Pennsylvania Bulletin) 7 Harrisburg, Pennsylvania 8 Important: The statute provides that, absent certain 9 extenuating circumstances, a claimant has one year from 10 the date of the crime to file a claim with the Bureau of 11 Victims' Services. 12 (c) Application.--The written notification provided for in 13 subsection (b) shall be accompanied by one copy of the 14 application form for crime victims' compensation. Application 15 forms shall be supplied by the bureau to law enforcement 16 agencies. A record of the date of notification shall be 17 maintained by the law enforcement agency. The bureau shall 18 maintain a mailing list of all local law enforcement agencies 19 and provide law enforcement agencies with forms by which they 20 can order additional claim forms. The bureau shall also provide 21 updates to law enforcement agencies on changes which affect 22 their responsibilities under this act. 23 (d) Information.--Law enforcement agencies are responsible 24 for providing basic information on services available for crime 25 victims. The information shall be in writing and shall be 26 provided to the victim within 24 hours of the law enforcement 27 agency's first contact with the victim in a form to be developed 28 by the commission. 29 (e) Forms.--The form developed by the commission shall be 30 attached to the police report and shall include a victim 19970S1192B1460 - 13 -
1 checkoff signifying that the information has been provided to 2 the crime victim. 3 (f) Notice.-- 4 (1) In personal injury crimes, the law enforcement 5 agency shall make reasonable efforts to notify the victim of 6 the arrest of the suspect as soon as possible. Unless the 7 victim cannot be located, notice of the arrest shall be 8 provided not more than 24 hours after the preliminary 9 arraignment. 10 (2) In personal injury crimes, a law enforcement agency, 11 sheriff, deputy sheriff or constable shall notify the victim 12 of an inmate's escape from the custody of the law enforcement 13 agency, sheriff, deputy sheriff or constable. 14 Section 213. Responsibilities of prosecutor's office. 15 (a) Forms.--The prosecutor's office shall provide the victim 16 of a personal injury crime with all forms developed pursuant to 17 sections 214 and 215. 18 (b) Pleading.--In a personal injury crime, burglary or 19 violation of 75 Pa.C.S. § 3731 (relating to driving under 20 influence of alcohol or controlled substance), the prosecutor's 21 office shall provide notice of the opportunity to submit prior 22 comment on the potential reduction or dropping of any charge or 23 changing of a plea if the victim so requests. 24 (c) Sentencing.--The prosecutor's office shall provide 25 notice of the opportunity to offer prior comment on the 26 sentencing of a defendant. This prior comment includes the 27 submission of a written victim-impact statement. The 28 prosecutor's office shall assist a victim who requests 29 assistance to prepare this comment. 30 (d) Release.--In a personal injury crime, the prosecutor's 19970S1192B1460 - 14 -
1 office shall provide notice of the opportunity to submit input 2 into State correctional release decisions, to receive notice of 3 any release of an offender from a State or local correctional 4 facility and to receive notice of the commitment to a mental 5 health institution from a State or local correctional 6 institution. 7 (e) Disposition.--In a personal injury crime, if the 8 prosecutor's office has advance notice of dispositional 9 proceeding, the prosecutor shall make reasonable efforts to 10 notify a victim who has requested notice of the time and place 11 of the proceeding. 12 (f) Notice.--If the victim has so requested, the 13 prosecutor's office shall provide notice of the disposition and 14 sentence of the defendant, including any sentence modifications. 15 In a personal injury crime, if the victim has so requested, the 16 prosecutor's office shall make reasonable efforts to notify the 17 victim as soon as possible when the defendant is released from 18 incarceration at sentencing. 19 (g) Assistance.--The prosecutor's office shall provide 20 assistance to the victim in the preparation of, submission of 21 and follow-up on financial assistance claims filed with the 22 bureau. 23 Section 214. Responsibilities of department, local correctional 24 facilities and board. 25 (a) Forms.--The department and the board shall develop 26 standardized forms regarding victim notification. The form shall 27 include the address where the form is to be sent. The department 28 shall develop a standardized form which may be used by local 29 correctional facilities. In the case of counties with victim- 30 witness coordinators, the local correctional facility shall 19970S1192B1460 - 15 -
1 perform its responsibilities under this section in cooperation 2 with the county's victim/witness coordinator. 3 (b) Notice.--If the department and board have received 4 notice of a victim's desire to have input under section 201(7), 5 the appropriate agency shall notify the victim sufficiently in 6 advance of a pending release decision to extend an opportunity 7 for prior comment. The local correctional facility's notice to 8 the victim under section 201(9) shall occur immediately. 9 (c) Comment.--The victim's prior comment may be oral or 10 written and shall be considered by the department or the board 11 as to the advisability of release and any conditions of release 12 which may be imposed. 13 (d) Escape notification.--If the department or local 14 correctional facility has received notice of a victim's desire 15 to receive notification regarding escape of the offender as 16 provided for in section 201(8), the superintendent of the State 17 correctional institution or warden of a local correctional 18 facility shall immediately notify the victim of the escape. 19 (e) Mental health.--If the department or local correctional 20 facility has received notice of a victim's desire to receive 21 notification as provided for in section 201(10), the 22 superintendent of the State correctional institution or warden 23 of a local correctional facility shall notify the victim of the 24 commitment of the offender to a mental health facility and the 25 location of the facility within 24 hours of the commitment. 26 (f) Records.--Records maintained by the department, the 27 local correctional facility and the board pertaining to victims 28 shall be kept separate. Current address, telephone number and 29 any other personal information of the victim and family members 30 shall be deemed confidential. 19970S1192B1460 - 16 -
1 (g) Release of offender.--The department, the local 2 correctional facility or the board shall notify the victim of 3 the final decision rendered, the date of any release and 4 relevant conditions imposed prior to the release of the 5 offender. 6 Section 215. Responsibilities of Department of Public Welfare 7 and mental health institutions under basic bill 8 of rights. 9 (a) Forms.--The Department of Public Welfare shall develop 10 standardized forms, which shall include the address where the 11 completed form is to be sent, for the receipt of notice from the 12 victim concerning the victim's interest in discharge decisions 13 and notification of an escape. Sufficient copies of the forms 14 shall be provided to the office of the district attorney for 15 distribution to victims upon court-ordered commitment of the 16 offender to a mental health institution in the State system. 17 (b) Designated staff.--If the Department of Public Welfare 18 has received notice of a victim's desire to receive notification 19 as provided for in section 201(10) regarding release, placement 20 or escape of the offender, the Department of Public Welfare 21 shall designate the appropriate official to notify the victim of 22 the discharge of the offender from the mental health institution 23 and the facility to which the offender was discharged within 24 24 hours of the discharge. The Department of Public Welfare or the 25 designated official shall immediately notify the victim of an 26 escape of the offender from the mental health institution. 27 CHAPTER 3 28 ADMINISTRATION 29 SUBCHAPTER A 30 VICTIM ADVOCATE 19970S1192B1460 - 17 -
1 Section 301. Office. 2 (a) Establishment.--There is established within the board 3 the Office of Victim Advocate to represent the interests of 4 crime victims before the board or department. The office shall 5 operate under the direction of the victim advocate as provided 6 in this section. 7 (b) Appointment.--The victim advocate must be an individual 8 who, by reason of training and experience, is qualified to 9 represent the interests of individual crime victims before the 10 board. The victim advocate shall be appointed by the Governor, 11 by and with the consent of a majority of all of the members of 12 the Senate. The victim advocate shall hold office for a term of 13 six years and until a successor shall have been duly appointed 14 and qualified, but in no event more than 90 days beyond the 15 expiration of the appointed term. A vacancy occurring for any 16 reason shall be filled in the manner provided by section 8 of 17 Article IV of the Constitution of Pennsylvania for the remainder 18 of the term. Whenever the victim advocate's term expires, that 19 position shall be immediately deemed a vacancy, and the Governor 20 shall nominate a person to fill that position within 90 days of 21 the date of expiration, even if the victim advocate continues in 22 office. To be eligible to be appointed by the Governor as victim 23 advocate, an individual must have at least six years of 24 professional experience in victim advocacy, social work or 25 related areas, including one year in a supervisory or 26 administrative capacity, and a bachelor's degree. Any equivalent 27 combination of experience and training shall be acceptable. 28 Compensation shall be set by the Executive Board as defined by 29 the act of April 9, 1929 (P.L.177, No.175), known as The 30 Administrative Code of 1929. 19970S1192B1460 - 18 -
1 (c) Service and employees.--The victim advocate shall 2 operate from the central office of the board with such clerical, 3 technical and professional staff as may be available within the 4 budget of the board. The compensation of employees of the office 5 shall be set by the Executive Board. 6 Section 302. Powers and duties of victim advocate. 7 The victim advocate has the following powers and duties: 8 (1) To represent the interests of individual crime 9 victims before the board, department or hearing examiner. 10 (2) To supervise the victim notification duties 11 presently conducted by the board. 12 (3) To assist in and coordinate the preparation of oral 13 testimony by the crime victims or the submission of written 14 comments by crime victims prior to a release decision. 15 (4) To represent the interests of a crime victim under 16 section 502. 17 (5) To act as a liaison with the victim notification 18 program director in the department to coordinate victim 19 notification and services for the department and the board. 20 The victim advocate is authorized to address the interests of 21 all victims before the board, department or hearing examiner 22 concerning any issues determined appropriate by the victim 23 advocate. 24 SUBCHAPTER B 25 BUREAU OF VICTIMS' SERVICES 26 Section 311. Bureau. 27 (a) Establishment.--There is established within the 28 commission the Bureau of Victims' Services. The bureau shall be 29 responsible for administering Chapter 7. The bureau shall also 30 be responsible for the disposition of all claims for direct 19970S1192B1460 - 19 -
1 victim compensation filed under Chapter 7. 2 (b) Director.--A director of the bureau shall be appointed 3 by the chairman of the commission. The director shall be paid 4 compensation as the executive board may determine. 5 (c) Staff.--The director of the bureau may employ personnel 6 and contract for services as necessary and authorized to carry 7 out the purposes of the bureau. 8 Section 312. Powers and duties of bureau. 9 The bureau, subject to approval of the commission, has the 10 following powers and duties: 11 (1) To establish and maintain a principal office in or 12 near Harrisburg and such other offices within this 13 Commonwealth as it may deem necessary. 14 (2) To appoint counsel, clerks, claims verifiers, 15 hearing officers and other employees and agents as it may 16 deem necessary; to fix their compensation within the limits 17 provided by law; and to prescribe their duties. 18 (3) To promulgate regulations to carry out the 19 provisions and purposes of Chapter 7. These regulations shall 20 provide for the approval of attorney fees for representation 21 before the bureau, a hearing examiner or before the 22 Commonwealth Court upon judicial review under section 705. 23 Awards of the attorney fees shall be in addition to awards 24 made to direct victims. Awards of attorney fees shall in no 25 case exceed 15% of the award to the direct victim or victims. 26 It shall be unlawful for an attorney to contract for or 27 receive any sum larger than the amount allowed. Regulations 28 under this paragraph shall include policies, procedures and 29 standards of review regarding claims for compensation; 30 approval or denial of claims, including contributory conduct 19970S1192B1460 - 20 -
1 by direct victims; verification of information and documents; 2 prioritization of review; and all other matters related to 3 the processing. 4 (4) To request and review from law enforcement agencies 5 and from any other state or municipal department, agency or 6 public authority assistance and data as will enable the 7 bureau to carry out its powers and duties. 8 (5) To determine all claims for awards filed with the 9 bureau under Chapter 7 and to reinvestigate or reopen cases 10 as the bureau deems necessary. 11 (6) To direct medical examinations of direct victims. 12 (7) To appoint hearing officers authorized to administer 13 oaths or affirmations, to examine any person under oath or 14 affirmation and to issue subpoenas requiring attendance of 15 witnesses, testimony of witnesses and production of evidence. 16 Except where a claim is determined to be frivolous, the 17 bureau shall reimburse claimants for attending hearings, 18 regardless of the disposition of the claim, at the rate of 19 20¢ per mile and at the rate of $20 for each day of hearing. 20 (8) To take or cause to be taken affidavits or 21 depositions in or outside of this Commonwealth. 22 (9) To render each year to the Governor and to the 23 General Assembly a written report of its activities. In every 24 third annual report, the bureau, upon investigation and 25 study, shall include its findings and recommendations with 26 respect to the limits on compensation, whether or not an 27 increase is being requested. The annual report shall include 28 a summary of an audit by the Auditor General or an 29 independent accounting firm of a statistically valid sample 30 of the amounts paid to direct victims so as to avoid 19970S1192B1460 - 21 -
1 duplications, other possible errors or fraud. The bureau 2 shall formalize agreements with the Auditor General for the 3 provision of the annual audit. 4 (10) To arrange with the heads of other Commonwealth 5 agencies for the performance of any of its functions under 6 this act with or without reimbursement and, with the approval 7 of the Governor, to delegate and authorize the redelegation 8 of any of its powers under this act. 9 (11) To establish a program to assure extensive and 10 continuing publicity of information regarding the 11 compensation provisions under Chapter 7. This information 12 shall include the right to file a claim, the scope of 13 coverage and procedures to be utilized incident thereto. 14 (12) To administer the funds under section 1101(b), for 15 the payment of claims filed under Chapter 7 and for all 16 reasonable and necessary administrative expenses. 17 SUBCHAPTER C 18 COMMITTEE 19 Section 321. Committee. 20 (a) Establishment.--There is established the Victims' 21 Services Advisory Committee within the commission. 22 (b) Membership.--The committee shall consist of 15 members: 23 (1) The Secretary of Aging or a designee. 24 (2) The Secretary of Corrections or a designee. 25 (3) The Secretary of Public Welfare or a designee. 26 (4) The Commissioner of the Pennsylvania State Police. 27 (5) The victim advocate. 28 (6) A district attorney appointed by the Governor. 29 (7) Nine individuals appointed by the Governor. 30 Members under this paragraph must represent direct victims, 19970S1192B1460 - 22 -
1 Statewide victims' coalitions, prosecution-based 2 victim/witness programs and other victim service or victim 3 advocacy organizations, the courts, members of local 4 government and other victims' organizations or organizations 5 involved in the coordination or delivery of services to 6 direct victims. 7 (c) Terms.--A member under subsection (b)(1) through (5) 8 shall serve ex officio. A member under subsection (b)(6) or (7) 9 shall serve for a four-year term and may be appointed for no 10 more than one additional consecutive term. 11 (d) Restrictions.--The committee and its members are subject 12 to the same limitations and conditions imposed upon the 13 commission as prescribed in section 2 of the act of November 22, 14 1978 (P.L.1166, No.274), referred to as the Pennsylvania 15 Commission on Crime and Delinquency Law. 16 (e) Quorum.--A majority of the members shall constitute a 17 quorum. A vote of the majority of the members present shall be 18 sufficient for all actions. 19 (f) Chair.--The Governor shall appoint a chairperson from 20 among the members of the committee. The chairperson shall serve 21 at the pleasure of the Governor. A vice chairperson shall be 22 designated by the chairperson and preside at meetings in the 23 absence of the chairperson. 24 (g) Meeting.--The committee shall meet at the call of the 25 chair but no fewer than four times a year. 26 Section 322. Powers and duties of committee. 27 The committee has the following powers and duties: 28 (1) To serve in an advisory capacity to the commission, 29 including the bureau, through the committee's participation 30 in the development of that part of the commission's plan 19970S1192B1460 - 23 -
1 relating to direct victims' services and compensation. 2 (2) To perform those functions related to the direct 3 approval and disbursement of financial assistance in an 4 advisory capacity only. The committee shall have the 5 opportunity to review and comment on applications other than 6 applications for claims for compensation pursuant to sections 7 702 and 706 within 30 days after receipt of the application 8 from the commission. 9 (3) To advise the commission on the definition, 10 development and correlation of programs and projects and the 11 establishment of priorities for direct victims' services and 12 compensation. 13 (4) To develop standards, methods and procedures for 14 evaluating and monitoring direct victims' services. 15 (5) Upon request, to provide assistance and advice to 16 the commission on any other matters relating to direct 17 victims' services and compensation. 18 (6) To receive staff support from the commission and the 19 bureau in order to adequately perform the duties provided for 20 in this section. 21 CHAPTER 5 22 PAROLE ADVOCACY 23 Section 501. Preparole notification to victim. 24 (a) Persons to be notified.--No later than 90 days prior to 25 the parole date of an offender, the victim advocate shall notify 26 the victim of the offense for which the offender was sentenced, 27 the parent or legal guardian of a victim who is a minor or a 28 member of the family if the victim is incapable of communicating 29 or has died and shall provide the appropriate person with an 30 opportunity to submit a preparole statement expressing concerns 19970S1192B1460 - 24 -
1 or recommendations regarding the parole or parole supervision of 2 the offender. 3 (b) Enrollment.--A victim or member of the family is 4 responsible for notifying the victim advocate of the victim's or 5 family member's intent to submit a preparole statement regarding 6 the parole or parole supervision of the offender. The notice 7 shall include a mailing address or change of address 8 notification. 9 (c) Procedure.--The victim advocate shall notify the person 10 at the person's last known mailing address. The person shall 11 submit the preparole statement to the victim advocate within 30 12 days of the date of notice. The preparole statement shall be 13 considered by the board during preparation of the parole plan. 14 Section 502. Petitions to deny parole upon expiration of 15 minimum sentence. 16 (a) Petition.--Upon the request of a victim who has notified 17 the board in writing of the victim's desire to have input and 18 make comment prior to a parole release decision, the victim 19 advocate shall either petition the board as to the special 20 conditions of release which may be imposed or that the offender 21 not be paroled based upon the statement that the victim 22 submitted under section 501. 23 (b) Appearance.--The victim or the victim's representative 24 shall be permitted to appear in person before the board or 25 hearing examiner. The testimony of a victim before the board 26 shall be confidential. Records maintained by the department and 27 the board pertaining to victims shall be kept separate. Current 28 address, telephone number and any other personal information of 29 the victim and family members shall be deemed confidential. 30 (c) Action.--The board, upon petition and after an 19970S1192B1460 - 25 -
1 interview, may do any of the following: 2 (1) Order that special conditions of parole be placed 3 upon the offender or the offender not be paroled based upon 4 the continuing effect of the crime on the victim. 5 (2) Order that the offender not be paroled if the board 6 finds that: 7 (i) the offender would pose a risk or danger to the 8 victim or the family of the victim if the offender were 9 released on parole; or 10 (ii) the interests of the Commonwealth would 11 otherwise be injured. 12 (d) Notice.--The board shall notify the victim of its 13 decision prior to a release of the offender. 14 (e) District attorney.--Notwithstanding any other statutory 15 provision, the office of the district attorney of the sentencing 16 county may notify a crime victim of a pending release decision 17 and act on the victim's behalf or on its own initiative to 18 submit comments and represent the interests of a crime victim 19 before the board prior to a release decision. 20 CHAPTER 7 21 COMPENSATION 22 Section 701. Persons eligible for compensation. 23 (a) General rule.--Except as provided in subsection (b), the 24 following persons shall be eligible for compensation: 25 (1) A direct victim. 26 (2) An intervenor. 27 (3) A surviving spouse, parent or child of a deceased 28 direct victim or intervenor. 29 (4) Any other individual dependent for principal support 30 upon a deceased direct victim or intervenor. 19970S1192B1460 - 26 -
1 (5) Any individual related to the direct victim who 2 assumes the obligation or who pays the funeral or burial 3 expense incurred as a direct result of the crime or, if no 4 relative assumes the obligation, the person who makes the 5 payment. 6 (b) Exception.--A person who is criminally responsible for 7 the crime upon which a claim is based or an accomplice of the 8 person shall not be eligible to receive compensation with 9 respect to the claim. A member of the family of the individual 10 who committed the crime shall not be eligible if the offender is 11 living in the same household as the direct victim and will 12 substantially benefit from the award. The Attorney General may, 13 at any time, sue the offender or the direct victim, or both, to 14 recover the award if the offender benefits from the award. 15 (c) Family.--If a crime results in death, the spouse, 16 children, parents or siblings of the direct victim who resided 17 within the same household as the direct victim shall be eligible 18 for compensation for the cost of psychological counseling and 19 other reasonable out-of-pocket losses which are deemed necessary 20 as a direct result of the criminal incident. 21 Section 702. Filing of claims for compensation. 22 (a) General rule.--A claim for compensation may be filed by 23 an individual eligible for compensation, as provided in section 24 701. If the individual is a minor, the claim may be filed by a 25 parent or guardian. If the individual is mentally incompetent, 26 the claim may be filed by a guardian or legal representative. 27 (b) Time.-- 28 (1) Except as set forth in paragraph (2), a claim must 29 be filed not later than one year after the occurrence of the 30 crime upon which the claim is based or not later than one 19970S1192B1460 - 27 -
1 year after the death of the direct victim or intervenor. 2 (2) Extensions shall be as follows: 3 (i) For good cause, the bureau may extend the time 4 for filing for a period of not more than two years after 5 the occurrence. 6 (ii) If a direct victim is under 18 years of age at 7 the time of the occurrence of the crime and the alleged 8 offender is the direct victim's parent or a person 9 responsible for the direct victim's welfare, an 10 individual residing in the same home as the direct victim 11 or a paramour of the direct victim's parent, the bureau 12 may, for good cause, extend the time for filing for a 13 period of not more than five years after the occurrence. 14 (iii) If a claim has been filed but subsequently 15 returned to the claimant for correction or for additional 16 verification or information, the date the claim was first 17 received by the bureau shall be the permanent filing date 18 for purposes of this subsection. The correction or 19 additional verification or information must be filed 20 within six months of the date of return. 21 (c) Manner.--Claims must be filed in the office of the 22 bureau or by mail. 23 (d) Notice.--Upon filing of a claim, the bureau shall 24 promptly notify the district attorney of the county where the 25 crime is alleged to have occurred. If, within ten days after 26 notification, the district attorney advises the bureau that a 27 criminal prosecution is pending upon the same alleged crime and 28 requests that action by the bureau be deferred, the bureau shall 29 defer all proceedings under this chapter until a trial verdict 30 has been rendered and shall so notify the district attorney and 19970S1192B1460 - 28 -
1 claimant. When a trial verdict has been rendered, the district 2 attorney shall promptly notify the bureau. Nothing in this 3 section shall limit the authority of the bureau to grant 4 emergency awards under section 706. 5 Section 703. Minimum allowable claim. 6 (a) General rule.--Except as set forth in subsection (b), no 7 award shall be made on a claim unless the claimant has incurred 8 a minimum out-of-pocket loss of $100 or has lost at least two 9 continuous weeks' earnings or support. 10 (b) Exception.--Subsection (a) shall not apply if the direct 11 victim was 60 years of age or older at the time the crime 12 occurred. 13 Section 704. Determination of claims. 14 (a) Processing.--The bureau shall establish functional 15 procedures for the intake, verification and processing of 16 claims. 17 (b) Review.-- 18 (1) The bureau shall review the claim and all supporting 19 documents and investigate the validity of the claim. The 20 investigation shall include an examination of police, court 21 and official records and reports concerning the crime and an 22 examination of medical and hospital reports relating to the 23 injury upon which the claim is based. The bureau may not 24 request or review counseling notes of mental health service 25 providers. The bureau shall request an assessment from the 26 mental health service provider as to the extent the service 27 provided is needed as a direct result of the crime. 28 (2) Claims shall be investigated and determined, 29 regardless of whether the alleged criminal has been 30 apprehended, prosecuted or adjudicated for the crime in 19970S1192B1460 - 29 -
1 question. 2 (c) Determination.--The bureau shall determine whether to 3 grant an award, increase or decrease an award or deny the claim 4 based on the supporting documents, the report of the 5 investigation and staff recommendations. If the bureau is unable 6 to determine if a claim is justified based upon the supporting 7 documents, it may direct a hearing before a hearing examiner 8 designated by the commission. At the hearing, any relevant 9 evidence not legally privileged shall be admissible. 10 (d) Notice.--The bureau shall promptly notify the claimant 11 and the State Treasurer of the final decision of the bureau. 12 (e) Records.--The bureau shall maintain complete records and 13 histories on all claims filed, supplemental awards paid to 14 claimants, claims status and third-party entitlements and 15 recoveries. 16 Section 705. Judicial review. 17 Within 30 days after receipt of a copy of the report 18 containing a final decision of the bureau, the claimant or the 19 Attorney General may appeal the final decision of the bureau in 20 the manner provided for appeals from administrative agencies as 21 provided in 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial 22 review of Commonwealth agency action). 23 Section 706. Emergency awards. 24 (a) Authorization.--Notwithstanding the provisions of 25 sections 704 and 707, if it appears to the bureau that the claim 26 is one with respect to which an award probably will be made and 27 that undue hardship will result to the claimant if immediate 28 payment is not made, the bureau may make an emergency award to 29 the claimant pending a final decision in the case. The following 30 shall apply: 19970S1192B1460 - 30 -
1 (1) The total amount of the emergency award shall not 2 exceed $1,000 per claim. 3 (2) The amount of the emergency award shall be deducted 4 from any final award made to the claimant. 5 (3) The excess of the amount of the emergency award over 6 the amount of the final award, or the full amount of the 7 emergency award if no final award is made, shall be repaid by 8 the claimant to the bureau. 9 (b) Reconsideration.--The bureau may reconsider an emergency 10 award at any time prior to the final decision in the case and 11 increase previous orders for emergency compensation up to the 12 overall limit of $1,000 per claim. 13 (c) Compilation.--The bureau shall compute the total number 14 and amount of emergency awards given in each fiscal year for 15 inclusion in the annual report. 16 Section 707. Awards. 17 (a) Requirements.--No award shall be made unless it is 18 determined by a preponderance of the evidence that: 19 (1) A crime was committed. 20 (2) The person injured or killed was a direct victim or 21 intervenor. 22 (3) The crime was promptly reported to the proper 23 authorities. In no case may an award be made if the record 24 shows that the report was made more than 72 hours after the 25 occurrence of the crime unless the bureau finds the delay to 26 have been justified, consistent with bureau regulations. The 27 bureau, upon finding that any claimant, direct victim or 28 intervenor has not fully cooperated with all law enforcement 29 agencies, may deny or withdraw any award, as the case may be. 30 (b) Amount.-- 19970S1192B1460 - 31 -
1 (1) Any award made under this chapter shall be in an 2 amount not exceeding out-of-pocket loss, together with loss 3 of past, present or future earnings or support resulting from 4 such injury. In no case shall the total amount of an award 5 exceed $35,000. 6 (2) An award made for loss of earnings or support shall, 7 unless reduced pursuant to other provisions of this chapter, 8 be in an amount equal to the actual loss sustained. The 9 following shall apply: 10 (i) No such award shall exceed the average weekly 11 wage for all persons covered by the act of December 5, 12 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the 13 Unemployment Compensation Law, in this Commonwealth, as 14 determined annually by the Department of Labor and 15 Industry for each week of lost earnings or support. 16 (ii) Except as set forth in subparagraph (iii), the 17 aggregate award for the loss shall not exceed $15,000. 18 (iii) In the case of death of a direct victim or 19 intervenor, the aggregate award shall not exceed $20,000. 20 (3) If an order of restitution has been entered on 21 behalf of the direct victim, those amounts actually collected 22 shall be applied first to property losses incident to the 23 crime and secondly to personal injury losses as set forth in 24 subsection (f). 25 (c) Public assistance.--Provisions of awards made pursuant 26 to a statute compensating or benefiting a direct victim or 27 claimant shall in no way affect the claimant's or direct 28 victim's eligibility under public assistance or any other 29 Federal or Commonwealth social benefit or assistance program. 30 (d) Apportionment.--If there are two or more persons 19970S1192B1460 - 32 -
1 entitled to an award as a result of the death of a direct victim 2 or intervenor, the award shall be apportioned among the 3 claimants. 4 (e) Reduction.--Except for payments or proceeds that are 5 specifically denominated as compensation for dismemberment or 6 loss of an eye, an award made under this chapter shall be 7 reduced by the amount of any payments received or to be received 8 by the claimant as a result of the injury: 9 (1) from or on behalf of the person who committed the 10 crime; 11 (2) under any insurance or health and welfare programs 12 including those mandated by law; 13 (3) under any contract of insurance wherein the claimant 14 is the beneficiary; 15 (4) from public funds; 16 (5) as an emergency award under section 706; or 17 (6) under any pension program, including those providing 18 for disability or survivor's benefits. 19 (f) Direct victim responsibility.-- 20 (1) Except as set forth in paragraph (2) in determining 21 the amount of an award, the bureau shall determine whether 22 the direct victim or intervenor, because of conduct, 23 contributed to the infliction of the injury. The bureau shall 24 reduce the amount or deny the claim altogether in accordance 25 with the determination. 26 (2) If the crime involved is rape or sexual assault, the 27 conduct of the direct victim shall not be considered. If the 28 crime involved is related to domestic violence, the conduct 29 of the direct victim shall not be considered unless the 30 direct victim was the primary aggressor. 19970S1192B1460 - 33 -
1 (g) Intervenor responsibility.--In determining the amount of 2 an award to an intervenor, the bureau may consider whether the 3 intervenor, because of conduct, contributed to the infliction of 4 the injury. The bureau shall reduce the amount or deny the claim 5 altogether in accordance with the determination. 6 (h) Forensic rape investigation.--A hospital or other 7 licensed health care provider may submit a claim for 8 reimbursement for the cost of a forensic rape examination if the 9 cost is not covered by insurance, upon approval by the district 10 attorney with jurisdiction of the rape or sexual assault 11 investigation and prosecution. In no event shall the bureau pay 12 an amount to exceed $500 for a forensic rape examination nor 13 $100 for medications directly related to the sexual assault or 14 rape. A sexual assault or rape victim need not be an applicant 15 for any other compensation under this chapter. 16 Section 708. Manner of payment. 17 The award shall be paid in a lump sum, except that in the 18 case of death or protracted disability, the award may provide 19 for periodic payments. No award made under this chapter shall be 20 subject to execution or attachment other than for expenses 21 resulting from the injury which is the basis for the claim. All 22 awards shall be paid by the State Treasurer. An award shall not 23 be considered as compensation taxable as income under Article 24 III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax 25 Reform Code of 1971. The bureau shall reconsider, at least 26 annually, every award being paid in installments. The bureau may 27 reconsider a claim at any time and modify or rescind previous 28 orders for compensation based upon a change in financial 29 circumstances of a direct victim or one or more surviving 30 dependents. 19970S1192B1460 - 34 -
1 Section 709. Confidentiality of records. 2 The record of a proceeding before the bureau or a hearing 3 examiner shall be a public record; however, a record or report 4 obtained by the bureau or a hearing examiner, the 5 confidentiality of which is protected by any other law or 6 regulation, shall remain confidential subject to that law or 7 regulation. 8 Section 710. Responsibilities of service providers and 9 insurance companies. 10 (a) Response.--Providers of services to direct victims, 11 including doctors, hospitals, counselors and insurance companies 12 providing or liable for reimbursement to direct victims or any 13 other claimants, shall respond in writing to the bureau's 14 request for confirmation or other information under this chapter 15 within 30 days of receipt of the bureau's request. 16 (b) Penalty.--Any provider of services or insurance company 17 who fails to respond within 30 days of receipt of the request 18 shall be subject to a civil penalty of not more than $50 per 19 day, up to and including the date of compliance. 20 (c) Enforcement.--The office of the district attorney of the 21 county in which the crime occurred and the Attorney General 22 shall be charged with enforcement of this section. 23 CHAPTER 9 24 SERVICES 25 Section 901. Eligibility of victims. 26 A victim has the rights and is eligible for the services 27 under sections 201 and 902 only if the victim reported the crime 28 to law enforcement authorities without unreasonable delay after 29 its occurrence or discovery, unless the victim had a reasonable 30 excuse not to do so. 19970S1192B1460 - 35 -
1 Section 902. Establishment of basic services for victims of 2 crime. 3 The commission shall provide technical assistance to and make 4 grants to district attorneys and other criminal justice agencies 5 which provide crime victims with the following services: 6 (1) Notification services, including all of the 7 following: 8 (i) Information concerning financial assistance and 9 other social services available as a result of being a 10 victim of crime. 11 (ii) Notification that a court proceeding to which 12 they have been subpoenaed will not go on as scheduled, in 13 order to save the victim an unnecessary trip to court. 14 (iii) Notification of the final disposition of the 15 case. 16 (2) Protection services, including all of the following: 17 (i) Protection from harm and threats of harm arising 18 out of cooperation with law enforcement and prosecution 19 efforts. 20 (ii) A secure waiting area during court proceedings 21 which does not require them to be in close proximity to 22 defendants and families and friends of defendants. 23 (3) Procedures for the expedited return by law 24 enforcement officials of personal property of victims which 25 is held for prosecutorial purposes. 26 (4) Services related to the rights of victims under 27 Chapter 2. 28 (5) Other services as defined by the commission. 29 Section 903. Grant program for services. 30 (a) Authority.--The commission has the authority to make 19970S1192B1460 - 36 -
1 grants to district attorneys and other criminal justice agencies 2 for the provision of the services under section 902. 3 (b) Regulations.--The commission shall promulgate 4 regulations necessary to ensure the cost-effective delivery of 5 victim services or victim and witness services consistent with 6 section 902. 7 (c) Participation.--In determining grant awards, the 8 commission shall promote broad-based participation by a maximum 9 number of criminal justice agencies Statewide. 10 (d) Data.--An agency which makes application for awards 11 under this section shall provide data in support of the request 12 as the commission requires. An agency which receives an award 13 shall provide the commission with reports as the commission 14 determines necessary to assess the agency's progress in the 15 development of victim services. 16 (e) Report.--The commission shall submit an annual report to 17 the General Assembly on the progress of services provided for in 18 section 902. The report shall include: 19 (1) The number of participating agencies and population 20 served. 21 (2) The extent of services provided. 22 (3) Any impediments to the progress of the program. 23 (4) Recommendations for reform. 24 (f) Allocation.--In the allocation of funds for services 25 under section 902, the commission shall consider the revenue 26 collected by potential grant recipients under the penalty 27 assessments authorized in section 1203 of the act of June 13, 28 1967 (P.L.31, No.21), known as the Public Welfare Code, 29 pertaining to domestic violence and rape crisis services and the 30 extent to which crime victims' compensation claims assistance is 19970S1192B1460 - 37 -
1 made available. 2 CHAPTER 11 3 FINANCIAL MATTERS 4 Section 1101. Costs. 5 (a) Imposition.-- 6 (1) A person who pleads guilty or nolo contendere or who 7 is convicted of a crime shall, in addition to costs imposed 8 under 42 Pa.C.S. § 3571(c) (relating to Commonwealth portion 9 of fines, etc.), pay costs of at least $30 and may be 10 sentenced to pay additional costs in an amount up to the 11 statutory maximum monetary penalty for the offense committed. 12 (2) A person placed in a diversionary program shall pay 13 costs of at least $30 in addition to costs imposed pursuant 14 to 42 Pa.C.S. § 3571(c). 15 (b) Disposition.-- 16 (1) There is established a special nonlapsing fund, 17 known as the Crime Victim's Compensation Fund. This fund 18 shall be used by the bureau for payment to direct victims and 19 technical assistance. Fifteen dollars of the costs imposed 20 under subsection (a) plus 30% of the costs imposed under 21 subsection (a)(1) which exceed $30 shall be paid into this 22 fund. 23 (2) There is established a special nonlapsing fund, 24 known as the Victim Witness Services Fund. This fund shall be 25 used by the commission for victim-witness services and 26 technical assistance in nonvictim compensation-related areas 27 in accordance with this section. Fifteen dollars of the costs 28 imposed under subsection (a) plus 70% of the costs imposed 29 under subsection (a)(1) which exceed $30 shall be paid into 30 this fund. 19970S1192B1460 - 38 -
1 (c) Payment.--This cost shall be imposed notwithstanding any 2 statutory provision to the contrary. 3 (d) Mandamus.--The district attorney, the bureau, the 4 commission or any direct victim shall have standing to seek a 5 mandamus order requiring the county to collect the costs imposed 6 by this section. 7 (e) Court order.--No court order shall be necessary in order 8 for the defendant to incur liability for costs under this 9 section. Costs under this section must be paid in order for the 10 defendant to be eligible for probation, parole or accelerated 11 rehabilitative disposition. 12 Section 1102. Costs for offender supervision programs. 13 (a) County fund.--The county treasurer of each county shall 14 establish and administer a county offender supervision fund 15 consisting of the fees collected under this section. The county 16 treasurer shall disperse money from this fund only at the 17 discretion of the president judge of the court of common pleas. 18 The money in this fund shall be used to pay the salaries and 19 employee benefits of all probation and parole personnel employed 20 by the county probation and parole department and the 21 operational expenses of that department. Money from this fund 22 shall be used to supplement Federal, State or county 23 appropriations for the county adult probation and parole 24 department. The president judge shall, by August 31, provide the 25 board with an annual statement which fully reflects all 26 collections deposited into and expenditures from the offender 27 supervision fund for the preceding fiscal year. The board shall 28 promulgate regulations to provide for the permanent 29 administration of this program. 30 (b) State fund.--There is established a State Offender 19970S1192B1460 - 39 -
1 Supervision Fund to be administered by the board and comprised 2 of the supervision fees collected by the board under this 3 section. The money in this fund shall be used to supplement the 4 Federal or State funds appropriated for the improvement of adult 5 probation services. 6 (c) Court.--The court shall impose, as a condition of 7 supervision, a monthly supervision fee of at least $25 on any 8 offender placed on probation, parole, accelerated rehabilitative 9 disposition, probation without verdict or intermediate 10 punishment unless the court finds that the fee should be 11 reduced, waived or deferred based on the offender's present 12 inability to pay. Of the fee collected, 50% shall be deposited 13 into the County Offender Supervision Fund established in each 14 county pursuant to this section and the remaining 50% shall be 15 deposited into the State Offender Supervision Fund established 16 pursuant to this section. 17 (d) Board.--The board shall impose, as a condition of 18 supervision, a monthly supervision fee of at least $25 on any 19 offender under the board's supervision unless the board finds 20 that such fee should be reduced, waived or deferred based on the 21 offender's present inability to pay. All fees collected shall be 22 deposited into the State Offender Supervision Fund, established 23 under subsection (b). 24 (e) Continuation.-- 25 (1) For offenders under supervision of a county 26 probation department or the board, as of August 14, 1991, the 27 fee shall automatically become a part of the supervision 28 conditions as if the court or board had imposed it unless the 29 court or board makes a finding that the offender is presently 30 unable to pay. 19970S1192B1460 - 40 -
1 (2) The court or board may make a finding that the 2 offender is unable to pay based on any of the following 3 factors: 4 (i) The offender has diligently attempted but has 5 been unable to obtain employment that provides the 6 offender sufficient income to make such payments. 7 (ii) The offender is a student in a school, a 8 college, a university or a course of vocational or 9 technical training designed to fit the student for 10 gainful employment. 11 (iii) The offender has an employment handicap, as 12 determined by an examination acceptable to or ordered by 13 the court or board. 14 (iv) The offender's age prevents employment. 15 (v) The offender is responsible for the support of 16 dependents, and the payment of the assessment constitutes 17 an undue hardship on the offender. 18 (vi) Other extenuating circumstances as determined 19 by the court or board. 20 CHAPTER 13 21 ENFORCEMENT 22 Section 1301. Subrogation. 23 (a) General rule.--Payment of an award made under Chapter 7 24 shall subrogate the Commonwealth, to the extent of the payment, 25 to any right of action against any person accruing to the 26 claimant, the direct victim or the intervenor to recover losses 27 resulting from the crime with respect to which the award is 28 made. In such a case, the Commonwealth shall be entitled to 29 bring an action against the person causing or otherwise liable 30 for the personal injuries or death for which the payment was 19970S1192B1460 - 41 -
1 made. Money recovered under this section shall be deposited in 2 the Crime Victim's Compensation Fund, established in section 3 1101(b)(1). 4 (b) Excess.--If an amount greater than that paid under 5 Chapter 7 is recovered and collected in such an action, the 6 Commonwealth shall pay the balance to the claimant. The Attorney 7 General shall enforce any subrogation. A claimant who fails to 8 notify the bureau of the receipt of funds from any other claim 9 or award arising out of the crime shall forfeit and pay to the 10 Commonwealth an amount equal to all awards paid by the bureau to 11 the claimant or on the claimant's behalf. 12 Section 1302. Restitution. 13 To the extent that restitution is ordered, either prior to or 14 subsequent to the making of an award by the bureau, the 15 restitution shall be paid to the Commonwealth to the extent of 16 the award by the bureau. 17 Section 1303. Penalty. 18 An individual who asserts a false claim under Chapter 7 19 commits a misdemeanor of the third degree and shall, upon 20 conviction, forfeit any benefit and reimburse and repay the 21 Commonwealth for payments received or paid on the individual's 22 behalf under Chapter 7. 23 CHAPTER 51 24 MISCELLANEOUS PROVISIONS 25 Section 5101. Effect on legal actions. 26 Nothing in Chapters 2, 3, 5 and 9 creates a cause of action 27 or defense in favor of any person arising out of the failure to 28 comply with any of these chapters. 29 Section 5102. Continuation of existing law. 30 This act is a codification of the statutory provisions 19970S1192B1460 - 42 -
1 repealed in section 5103 and, except where clearly different 2 from current law, shall be deemed to be a continuation of prior 3 law. Funds, programs, regulations and Commonwealth agencies 4 governed by the repealed provisions shall be deemed continued by 5 this act. 6 Section 5103. Repeals. 7 The following acts and parts of acts are repealed: 8 Sections 477 through 477.17, 477.19 through 477.22 and 9 479 through 479.11 of the act of April 9, 1929 (P.L.177, 10 No.175), known as The Administrative Code of 1929. 11 Act of March 21, 1995 (1st Sp.Sess., P.L.980, No.8), 12 known as the Victim Advocate Law. 13 Section 5104. Effective date. 14 This act shall take effect immediately. J27L44DGS/19970S1192B1460 - 43 -