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                                                      PRINTER'S NO. 1460

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.











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