PRINTER'S NO. 977
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
860
Session of
2015
INTRODUCED BY GREENLEAF, YUDICHAK, EICHELBERGER, ARGALL AND
HUGHES, MAY 29, 2015
REFERRED TO JUDICIARY, MAY 29, 2015
AN ACT
Amending the act of November 24, 1998 (P.L.882, No.111),
entitled "An act providing for victims' rights; imposing
penalties; establishing remedies; establishing the Office of
Victim Advocate, the Bureau of Victims' Services, the
Victims' Services Advisory Committee, the State Offender
Supervision Fund and other funds; and making repeals," in
preliminary provisions, further providing for definitions; in
crime victims, further providing for responsibilities of
department, local correctional facilities and board; in
administration, further providing for office; and, in
financial matters, further providing for costs for offender
supervision programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "board," "department" and
"victim advocate" in section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act, amended June
28, 2002 (P.L.496, No.85), are amended to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Board." The Pennsylvania [Board of Probation and] Parole
Board.
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"Department." The Department of Corrections and
Rehabilitation of the Commonwealth.
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"Victim advocate." The victim advocate in the Office of
Victim Advocate within the [Pennsylvania Board of Probation and
Parole] department.
Section 2. Sections 214(a), (b) and (f), 301(a) and (c) and
1102 of the act are amended to read:
Section 214. Responsibilities of department, local correctional
facilities and board.
(a) Forms.--The [department and the] board shall develop
standardized forms regarding victim notification. The form shall
include the address where the form is to be sent. The department
shall develop a [standardized] standard form which may be used
by local correctional facilities. In the case of counties with
victim-witness coordinators, the local correctional facility
shall perform its responsibilities under this section in
cooperation with the county's victim-witness coordinator.
(b) Notice.--If the [department and board have] board has
received notice of a victim's desire to have input under section
201(7), the appropriate agency shall notify the victim
sufficiently in advance of a pending release decision to extend
an opportunity for prior comment. The local correctional
facility's notice to the victim under section 201(9) shall occur
immediately.
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(f) Records.--Records maintained by the department, the
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local correctional facility [and], the board and the office
pertaining to victims shall be kept separate. Current address,
telephone number and any other personal information of the
victim and family members shall be deemed confidential.
* * *
Section 301. Office.
(a) Establishment.--There is established within the [board]
department the Office of Victim Advocate to represent the
interests of crime victims before the board or department. The
office shall operate under the direction of the victim advocate
as provided in this section.
* * *
(c) Service and employees.--The victim advocate shall
operate from [the central office of the board] office space
provided by the department with such clerical, technical and
professional staff as may be [available within the budget of the
board] furnished by the department. [The compensation of
employees of the office shall be set by the Executive Board.]
Section 1102. Costs for offender supervision programs.
(a) County fund.--The county treasurer of each county shall
establish and administer a county offender supervision fund
consisting of the fees collected under this section. The county
treasurer shall disperse money from this fund only at the
discretion of the president judge of the court of common pleas.
The money in this fund shall be used to pay the salaries and
employee benefits of all probation and parole personnel employed
by the county probation and parole department and the
operational expenses of that department. Money from this fund
shall be used to supplement Federal, State or county
appropriations for the county adult probation and parole
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department. The president judge shall by August 31 provide the
[board] department with an annual statement which fully reflects
all collections deposited into and expenditures from the
offender supervision fund for the preceding fiscal year. The
[board] department shall promulgate regulations to provide for
the permanent administration of this program.
(b) State fund.--There is established a State Offender
Supervision Fund to be administered by the [board] department
and comprised of the supervision fees collected by the [board]
department under this section. The money in this fund shall be
used to supplement the Federal or State funds appropriated for
the improvement of adult probation services.
(c) Court.--The court shall impose as a condition of
supervision a monthly supervision fee of at least $25 on any
offender placed on probation, parole, accelerated rehabilitative
disposition, probation without verdict or intermediate
punishment unless the court finds that the fee should be
reduced, waived or deferred based on the offender's present
inability to pay. Of the fee collected, 50% shall be deposited
into the County Offender Supervision Fund established in each
county pursuant to this section, and the remaining 50% shall be
deposited into the State Offender Supervision Fund established
pursuant to this section.
(d) Board.--The board or the department shall impose as a
condition of supervision a monthly supervision fee of at least
$25 on any offender under the [board's] department's supervision
unless the board finds that such fee should be reduced, waived
or deferred based on the offender's present inability to pay.
All fees collected shall be deposited into the State Offender
Supervision Fund established under subsection (b).
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(e) Continuation.--
(1) For offenders under supervision of a county
probation department or the board as of [August 14, 1991] the
day prior to the effective date of this section or under the
supervision of the department, the fee shall automatically
become a part of the supervision conditions as if the court
or board had imposed it unless the court or board makes a
finding that the offender is presently unable to pay.
(2) The court or board may make a finding that the
offender is unable to pay based on any of the following
factors:
(i) The offender has diligently attempted but has
been unable to obtain employment that provides the
offender sufficient income to make such payments.
(ii) The offender is a student in a school, a
college, a university or a course of vocational or
technical training designed to fit the student for
gainful employment.
(iii) The offender has an employment handicap as
determined by an examination acceptable to or ordered by
the court or board.
(iv) The offender's age prevents employment.
(v) The offender is responsible for the support of
dependents, and the payment of the assessment constitutes
an undue hardship on the offender.
(vi) Other extenuating circumstances as determined
by the court or board.
Section 3. This act shall take effect in one year.
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