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PRINTER'S NO. 2435
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1492
Session of
2019
INTRODUCED BY COX, GILLEN, GROVE, HELM AND MILLARD,
SEPTEMBER 12, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 12, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses), 22 (Detectives and
Private Police), 23 (Domestic Relations), 42 (Judiciary and
Judicial Procedure), 44 (Law and Justice) and 61 (Prisons and
Parole) of the Pennsylvania Consolidated Statutes, in general
provisions, providing for short title of title; codifying
provisions relating to the Pennsylvania Commission on Crime
and Delinquency, to sheriffs and to crimes victims; and
making editorial changes and related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4957(d), 7508.1(e), 9401 and 9402 of
Title 18 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 4957. Protection of employment of crime victims, family
members of victims and witnesses.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Family." This term shall have the same meaning as in
section 103 of the act of November 24, 1998 (P.L.882, No.111),
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known as the Crime Victims Act.
"Victim." This term shall have the same meaning as "direct
victim" in [section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act] 44 Pa.C.S. §
8103 (relating to definitions).
§ 7508.1. Substance Abuse Education and Demand Reduction Fund.
* * *
(e) Application.--All costs provided for in this section
shall be in addition to and not in lieu of any fine authorized
by law or required to be imposed under [the act of November 24,
1998 (P.L.882, No.111), known as the Crime Victims Act] 44
Pa.C.S. Pt. V (relating to victim services), or any other law.
Nothing in this section shall be construed to affect, suspend or
diminish any other criminal sanction, penalty or property
forfeiture permitted by law.
* * *
§ 9401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
["Crime Victims Act." The act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act.]
"Office of Victim Advocate." The Office of Victim Advocate
established under [section 302 of the act of November 24, 1998
(P.L.882, No.111), known as the Crimes Victims Act] 44 Pa.C.S. §
7501 (relating to Office of Victim Advocate).
§ 9402. Office of Victim Advocate.
The Office of Victim Advocate has the power and duty to
represent and advocate for the interests of individual crime
victims in accordance with [section 302 of the Crime Victims
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Act] 44 Pa.C.S. Ch. 75 (relating to victim advocate), and
advocate for the interests of crime victims generally, including
the victims of crimes committed by juveniles.
Section 2. Section 3711 of Title 22 is amended to read:
§ 3711. Limitation on possession of firearms.
No individual appointed as a humane society police officer
shall carry, possess or use a firearm in the performance of that
individual's duties unless that individual holds a current and
valid certification in the use and handling of firearms pursuant
to at least one of the following:
(1) 44 Pa.C.S. Ch. 73 Subch. C (relating to sheriff and
deputy sheriff education and training).
(1.1) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
police education and training).
(2) The act of October 10, 1974 (P.L.705, No.235), known
as the Lethal Weapons Training Act.
[(3) The act of February 9, 1984 (P.L.3, No.2), known as
the Deputy Sheriffs' Education and Training Act.]
(4) Any other firearms program that has been determined
by the Commissioner of the Pennsylvania State Police to be of
sufficient scope and duration as to provide the participant
with basic training in the use and handling of firearms.
Section 3. Section 6702 of Title 23 is amended to read:
§ 6702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Actual address." A residential address, school address or
work address of an individual.
"Law enforcement agency." A police department of a city,
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borough, incorporated town or township, the Pennsylvania State
Police, district attorneys' offices and the Office of Attorney
General.
"Office of Victim Advocate." The office established under
[section 301 of the act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act,] 44 Pa.C.S. § 7501 (relating to
Office of Victim Advocate) that is responsible for the address
confidentiality program pursuant to this chapter.
"Program participant." A person certified by the Office of
Victim Advocate as eligible to participate in the address
confidentiality program established by this chapter.
"Substitute address." The official address of the Office of
Victim Advocate or a confidential address designated by the
Office of Victim Advocate.
"Victim of domestic violence." A person who is a victim as
defined by section 6102 (relating to definitions).
"Victim of sexual assault." A victim of an offense
enumerated in 18 Pa.C.S. §§ 3121 (relating to rape), 4302
(relating to incest), 6312 (relating to sexual abuse of
children), 6318 (relating to unlawful contact with minor) and
6320 (relating to sexual exploitation of children).
"Victim of stalking." A victim of an offense enumerated in
18 Pa.C.S. § 2709.1 (relating to stalking).
Section 4. Sections 2152(a.1), 4402, 9777(c) and 9799.26(b)
of Title 42 are amended to read:
§ 2152. Composition of commission.
* * *
(a.1) Ex officio members.--The Secretary of Corrections, the
victim advocate appointed under [section 301 of the act of
November 24, 1998 (P.L.882, No.111), known as the Crime Victims
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Act] 44 Pa.C.S. § 7502 (relating to victim advocate), and the
chairman of the board, during their tenure in their respective
positions, shall serve as ex officio nonvoting members of the
commission.
* * *
§ 4402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative proceeding." Any proceeding other than a
judicial proceeding, the outcome of which is required to be
based on a record or documentation prescribed by law or in which
law or regulation is particularized in application to
individuals. The term includes an appeal as defined in 2 Pa.C.S.
§ 101 (relating to definitions).
"Certified interpreter." A person who:
(1) is readily able to interpret; and
(2) is certified by the Court Administrator in
accordance with either Subchapter B (relating to court
interpreters for persons with limited English proficiency) or
Subchapter C (relating to court interpreters for persons who
are deaf).
"Court Administrator." The Court Administrator of
Pennsylvania.
"Deaf." An impairment of hearing or speech which creates an
inability to understand or communicate the spoken English
language.
"Direct victim." A direct victim as defined in [section 103
of the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act] 44 Pa.C.S. § 8103 (relating to definitions).
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"Immediate family member." A spouse, parent or child.
"Interpret." Either one of the following:
(1) For purposes of Subchapter B (relating to court
interpreters for persons with limited English proficiency),
to convey spoken and written English into the language of the
person with limited English proficiency and to convey oral
and written statements by the person with limited English
proficiency into spoken English.
(2) For purposes of Subchapter C (relating to court
interpreters for persons who are deaf), to convey spoken
English in a manner understood by the person who is deaf
through, but not limited to, American Sign Language and
transliteration or the use of computer-aided real-time
captioning (CART) or similar procedure, and to convey the
communications made by the person who is deaf into spoken
English.
"Interpreter." Includes both a certified interpreter and an
otherwise qualified interpreter.
"Judicial proceeding." An action, appeal or proceeding in
any court of this Commonwealth.
"Limited ability to speak or understand English." The
ability to speak exclusively or primarily a language other than
English and the inability to sufficiently speak or understand
English.
"Otherwise qualified interpreter." A person who:
(1) For purposes of Subchapter B (relating to court
interpreters for persons with limited English proficiency):
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by
the code of professional conduct for court interpreters
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for persons with limited English proficiency as
established by the Court Administrator in accordance with
Subchapter B.
(2) For purposes of Subchapter C (relating to court
interpreters for persons who are deaf):
(i) is readily able to interpret;
(ii) is certified by the National Association of the
Deaf, the Registry of Interpreters for the Deaf or
similar registry; and
(iii) has read, understands and agrees to abide by
the code of professional conduct for court interpreters
for persons who are deaf as established by the Court
Administrator in accordance with Subchapter C.
"Person who is deaf." A principal party in interest or a
witness who is deaf.
"Person with limited English proficiency." A principal party
in interest or a witness, who has limited ability to speak or
understand English.
"Presiding judicial officer." Includes a judicial officer as
defined in section 102 (relating to definitions).
"Principal party in interest." A person involved in a
judicial proceeding who is a named party, defendant or direct
victim in a criminal proceeding or proceeding, pursuant to
Chapter 63 (relating to juvenile matters), will be bound by the
decision or action or is foreclosed from pursuing that person's
rights by the decision or action which may be taken in the
judicial proceeding.
"Transliteration." To convey spoken or written English in an
English-based sign system and the process of conveying an
English-based sign system in spoken or written English.
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"Witness." A person who testifies in a judicial proceeding.
§ 9777. Transfer of inmates in need of medical treatment.
* * *
(c) Service.--Any petition filed under this section shall be
served on each agency representing the Commonwealth at each
proceeding which resulted in an order by which the inmate is
committed or detained and to the correctional institution or
institution responsible for housing the inmate. Each party shall
have an opportunity to object and be heard as to the petition
for alternative placement, the circumstances of placement, the
conditions of return or any other relevant issue. The court
shall ensure that any crime victim entitled to notification
under [section 201(7) or (8) of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act] 44 Pa.C.S. §
8201(7) or (8) (relating to rights), has been given notice and
the opportunity to be heard on the petition. All parties served
or notified under this subsection shall receive a copy of the
final order adjudicating the petition.
* * *
§ 9799.26. Victim notification.
* * *
(b) Individual not determined to be sexually violent
predator or sexually violent delinquent child.--If an individual
is not determined to be a sexually violent predator or a
sexually violent delinquent child, the victim shall be notified
in accordance with [section 201 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act] 44 Pa.C.S. §
8201 (relating to rights).
* * *
Section 5. Title 44 is amended by adding a chapter to read:
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Chapter
1. General Provisions
CHAPTER 1
GENERAL PROVISIONS
Sec.
101. Short title of title.
§ 101. Short title of title.
This title shall be known and may be cited as the Law and
Justice Code.
Section 6. Part III heading of Title 44 is amended to read:
PART III
[INCARCERATION] ADMINISTRATION OF LAW AND JUSTICE
Section 7. Title 44 is amended by adding a chapter to read:
CHAPTER 31
PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY
Sec.
3101. Definitions.
3102. Pennsylvania Commission on Crime and Delinquency.
3103. Powers and duties of commission.
3104. Duties of commission relative to criminal statistics.
3105. Duties of public agencies and officers in reporting
criminal statistics.
3106. Juvenile Justice and Delinquency Prevention Committee.
3107. (Reserved).
3108. Justice reinvestment grants.
3109. Cooperation by other departments.
§ 3101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Fund." The Justice Reinvestment Fund established under
section 3108 (relating to justice reinvestment grants).
"Innovative policing." The term shall include all of the
following:
(1) Activities to obtain accreditation of municipal
police departments.
(2) Online training of law enforcement officers.
(3) County and regional law enforcement data-sharing
initiatives.
(4) Strategies to combat crime and gang activity,
including intervention, enforcement, technology, analytical
capacity and community policing.
"Mid-minimum offender." An offender who at the time of
sentencing has at least one but not more than two years
remaining to be served to reach the offender's minimum sentence,
including any applicable recidivism risk reduction incentive
minimum sentence imposed.
"Offender diversion." Evidence-based strategies to reduce
the number of short-minimum and mid-minimum offenders committed
to the Department of Corrections.
"Short-minimum offender." An offender who at the time of
sentencing has less than one year remaining to be served to
reach the offender's minimum sentence, including any applicable
recidivism risk reduction incentive minimum sentence imposed.
§ 3102. Pennsylvania Commission on Crime and Delinquency.
(a) Establishment.--The Pennsylvania Commission on Crime and
Delinquency is established as an administrative commission in
the Governor's Office.
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(b) Composition.--The commission shall consist of the
following members:
(1) The Attorney General.
(2) A justice of the Supreme Court of Pennsylvania or a
judge of the Superior Court of Pennsylvania .
(3) The Court Administrator of Pennsylvania.
(4) A judge of a court of common pleas.
(5) The Commissioner of Pennsylvania State Police.
(6) The chairman of the Appropriations Committee of the
Senate and the chairman of the Appropriations Committee of
the House of Representatives or their designees.
(7) The chairman of the Juvenile Justice and Delinquency
Prevention Committee.
(8) Four members of the General Assembly or their
designees, of whom one shall be designated by, and serve at
the pleasure of, the President pro tempore of the Senate, one
by the Minority Leader of the Senate, one by the Speaker of
the House of Representatives and one by the Minority Leader
of the House of Representatives.
(9) Seven members appointed by the Governor, one
representative of local law enforcement agencies, one
representative of local correctional facilities, one
representative of local elected officials, one district
attorney representative, one representative of county
sheriffs, one representative of a local victims' service
agency and one representative of county commissioners.
(10) The Secretary of Corrections.
(11) The Victim Advocate.
(12) The Secretary of Human Services.
(13) The Secretary of Education.
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(14) The Secretary of Health.
(15) The Chairman of the Pennsylvania Board of Probation
and Parole.
(16) The Executive Director of the Juvenile Court
Judges' Commission.
(17) The Executive Director of the Pennsylvania
Commission on Sentencing.
(18) The Secretary of Drug and Alcohol Programs.
(19) The chairmen of the advisory committees established
in the commission.
(20) Additional members appointed by the Governor as
necessary to implement programs authorized by Federal and
State law.
(c) Judicial appointments.--
(1) The member required to be a judge of a court of
common pleas shall be appointed by the Chief Justice.
(2) The member required to be a justice of the Supreme
Court of Pennsylvania or a judge of the Superior Court of
Pennsylvania shall be appointed by the Chief Justice.
(3) If the Court Administrator cannot serve as a member,
the Chief Justice shall appoint another appropriate judicial
administrative officer of the State to serve as that member.
(d) Term of office.--
(1) Members appointed under subsection (b)(9) and (20)
shall serve for a four-year term and may be appointed for no
more than one additional consecutive term. The terms of those
members who serve by virtue of the public office they hold
shall be concurrent with their service in the office from
which they derive their membership.
(2) The term of the chairman of the Juvenile Justice and
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Delinquency Prevention Committee shall be concurrent with the
person's service as chairman of that committee.
(e) Vacancies.--Should any member cease to be an officer or
employee of the agency that the person is appointed to
represent, the person's membership on the commission shall
terminate immediately and a new member shall be appointed in the
same manner as the person's predecessor to fill the unexpired
portion of a term. Other vacancies occurring, except those by
the expiration of a term, shall be filled for the balance of the
unexpired term in the same manner as the original appointment.
(f) Chairman.--The chairman shall be chosen by the Governor
and shall serve at the pleasure of the Governor. A vice chairman
shall be designated by the chairman and shall preside at
meetings in the absence of the chairman.
(g) Quorum.--A majority of the members shall constitute a
quorum and a vote of the majority of the members present shall
be sufficient for all actions.
(h) Termination of appointment.--Three consecutive unexcused
absences from regular meetings, except for temporary illness, or
failure to attend at least 50% of the regularly called meetings
in any calendar year shall be considered cause for termination
of appointment.
(i) Compensation and expenses.--Members who are not
Commonwealth officers or State, county or municipal employees
shall be paid $75 a day for attendance at any official meeting.
Reasonable expenses incurred by members shall be allowed and
paid upon the presentation of itemized vouchers for the
expenses.
(j) Executive director.--An executive director shall be
appointed by the Governor after consultation with the members of
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the commission. The executive director shall be paid
compensation as the Executive Board may determine.
(k) Employees.--The executive director may employ personnel
and contract for consulting services as may be necessary and
authorized to carry out the purposes of this chapter. Staff of
the commission, other than the executive director, shall be
employed in ac cordance with and subject to the provisions of the
act of August 5, 1941 (P.L.752, No.286), k nown as the Civil
Service Act.
(l) (Reserved).
(m) Meetings.--All meetings of the commission and of its
advisory committees, at which formal action is taken, shall
conform to 65 Pa.C.S. Ch. 7 (relating to open meetings).
(n) Records.--The commission and any advisory committee
established for the purposes of this chapter shall provide for
public access to all records relating to its functions under
this chapter, except records as are required to be kept
confidential by any provision of Federal or State law.
(o) State Criminal Justice Council.--The commission is
designated as the State Criminal Justice Council for the
purposes of the Omnibus Crime Control and Safe Streets Act of
1968 (Public Law 90-351, 82 Stat. 197) and the Juvenile Justice
and Delinquency Prevention Act of 1974 (Public Law 93-415, 88
Stat. 1109).
§ 3103. Powers and duties of commission.
The commission shall have the power and its duty shall be:
(1) To prepare and at least once every two years update
a comprehensive juvenile justice plan on behalf of the
Commonwealth based on an analysis of the Commonwealth's needs
and problems, including juvenile delinquency prevention.
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(2) To apply for, contract for, receive, allocate,
disburse and account for funds, grants-in-aid, grants of
services and property, real and personal, particularly those
funds made available under the Juvenile Justice and
Delinquency Prevention Act of 1974 (Public Law 93-415, 88
Stat. 1109).
(3) To receive applications for financial assistance
from State agencies, units of general local government and
combinations thereof, private nonprofit organizations and
other proper applicants, and to disburse available Federal
and State funds to applicants in accordance with the
provisions of applicable statutes and regulations and in
conformity with the comprehensive plan.
(4) To establish fund accounting, auditing, monitoring
and evaluation procedures as necessary to assure fiscal
control, proper management and disbursement of grant funds,
including the requirements of supporting records being
submitted to the disbursing agency by persons requiring
reimbursement, and to establish procedures as may be
necessary to assure compliance with nondiscrimination
requirements.
(5) To audit the records of recipients of financial
assistance and of their contractors and, for the purpose of
the audits, to have access to all pertinent records required
to be kept by recipients of financial assistance and by their
contractors. The commission shall have the power to subpoena
witnesses and records in the execution of its auditing
responsibilities and, upon certification to it of failure to
obey any such subpoena, the Pennsylvania Supreme Court is
empowered after hearing to enter, when proper, an
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adjudication of contempt and other order as the circumstances
require.
(6) To monitor and evaluate program effectiveness,
funded in whole or in part by the Commonwealth through the
commission aimed at reducing or preventing crime and
delinquency and improving the administration of justice as
deemed appropriate.
(6.1) To define and collaborate with all State agencies
on planning and programming related to juvenile delinquency
prevention and the reduction and prevention of violence by
and against children.
(6.2) To design and promote comprehensive research-based
initiatives to assist communities and community-based
organizations in reducing risk to and promoting the positive
development of children and in preventing juvenile
delinquency and youth violence.
(7) To define, develop and coordinate programs and
projects and establish priorities for crime prevention and
for improvement in law enforcement, criminal justice and
juvenile justice throughout this Commonwealth.
(8) (Reserved).
(9) To cooperate with and render technical assistance to
the General Assembly or a standing committee of the General
Assembly, State agencies, units of general local government
and public and private agencies relating to the improvement
of the criminal and juvenile justice system, including the
implementation of special conferences or workshops relating
to special issues or professional improvement of criminal
justice organizations.
(10) To establish, and the chairman of the commission to
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appoint, subcommittees as it deems proper.
(11) To submit an annual report to the Governor and the
General Assembly concerning the commission's work during the
preceding fiscal year. Other studies, evaluations and reports
may be submitted to the Governor or the General Assembly as
deemed appropriate.
(12) To promulgate rules and regulations as the
commission deems necessary for the proper administration of
this chapter.
(13) To promote coordination in the development and
implementation of programs to improve criminal justice and
juvenile justice services throughout the Commonwealth.
(14) To advise and assist the executive and legislative
branches of State government, upon their request, in
developing policies, plans, programs and budgets for
improving the coordination, administration and effectiveness
of the criminal and juvenile justice systems.
(15) To prepare special reports and studies of criminal
justice issues upon the request of the Governor or the
General Assembly or a standing committee of the General
Assembly.
(16) To design and to coordinate the development and to
oversee the implementation of an information system to record
transactions and to analyze trends within the Commonwealth's
criminal justice system.
(17) (Reserved).
(18) To establish advisory committees, in addition to
those provided for under this chapter, as it deems advisable,
except that only the commission may set policy or take other
official action. Members of advisory committees shall serve
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without compensation but may be reimbursed for necessary
travel and other expenses in accordance with applicable law
and regulations.
(19) To establish within the commission, a safe school
advocate for the school district of the first class under
section 1310-A of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949.
§ 3104. Duties of commission relative to criminal statistics.
The commission shall have the power and its duty shall be:
(1) To obtain statistical data necessary from all
persons and agencies listed in section 3105 (relating to
duties of public agencies and officers in reporting criminal
statistics) and from any other appropriate source.
(2) (Reserved).
(3) To request the form and content of records which
must be kept by persons and agencies in order to ensure the
correct reporting of statistical data to the commission.
(4) To instruct persons and agencies in the collection
and use of statistical data and in the reporting of
statistical data to the commission.
(5) To process, tabulate, analyze and interpret the
statistical data obtained from persons and agencies to
evaluate the effectiveness of grant awards.
(6) To supply, at their request, to Federal bureaus or
departments engaged in the collection of national criminal
statistics data they need from this Commonwealth.
(7) (Reserved).
(8) To assist or advise in a statistical and research
capacity as requested by the Department of Corrections, the
Pennsylvania Board of Probation and Parole, the Pennsylvania
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State Police, the Juvenile Court Judges' Commission and the
Court Administrator.
(9) To give adequate interpretation of statistics and so
to present the information that may be of value in guiding
the policies of the commission and of those in charge of the
apprehension, prosecution and treatment of the criminals and
delinquents or concerned with the present state of crime and
delinquency. The report shall include statistics which are
comparable with national uniform criminal statistics
published by Federal bureaus or departments heretofore
mentioned.
(10) To seek and utilize all available Federal funds and
establish new programs as well as undertake a continuous
analysis of future data needs.
§ 3105. Duties of public agencies and officers in reporting
criminal statistics.
Each Commonwealth agency and person in charge of the
apprehension, prosecution and treatment of criminals and
delinquents, when requested by the commission, shall:
(1) Install and maintain records and recording systems
needed for the correct reporting of statistical data required
by the commission.
(2) Report statistical data to the commission at times
and in the manner prescribed by the commission.
(3) Give to the staff of the commission access to
statistical data for the purpose of carrying out the duties
of the commission relative to criminal statistics.
§ 3106. Juvenile Justice and Delinquency Prevention Committee.
(a) Establishment.--The Juvenile Justice and Delinquency
Prevention Committee is established within the commission.
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(a.1) Composition.--The members of the committee shall be
appointed by the Governor and shall include:
(1) The Executive Director of the Juvenile Court Judges'
Commission.
(2) Representatives of units of local government, law
enforcement and juvenile justice agency probation personnel,
juvenile court judges, public and private agencies and
organizations concerned with delinquency prevention or
treatment and services to delinquency prevention or treatment
and services to dependent children, community-based
prevention in-treatment programs, organizations concerned
with the quality of juvenile justice or that utilize
volunteers to work with delinquent or dependent children,
businesses employing youth, youth workers involved with
alternative youth programs, persons with special experience
and competence in addressing the problem of school violence
and vandalism and the problem of learning disabilities and
representatives of public agencies concerned with special
education.
(a.2) Term.--Members shall serve a four-year term and may be
appointed for no more than one additional consecutive term.
(b) Number and qualifications.--
(1) The committee shall consist of no less than 15
members or no more than 33 members, all of whom shall have
had training or experience in juvenile justice.
(2) A majority of the members shall not be full-time
employees of Federal, State or local governments.
(3) At least one-fifth of the membership shall be less
than 24 years of age at the time of appointment. At least
three of those members of the committee shall have been or
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are currently under the jurisdiction of the juvenile justice
system.
(c) Conditions of appointment.--The committee and its
members are subject to the same limitations and conditions
imposed upon the commission as prescribed in section 3102(d),
(e), (h), (i), (m) and (n) (relating to Pennsylvania Commission
on Crime and Delinquency).
(d) Quorum.--A majority of the members shall constitute a
quorum, and a vote of the majority of the members present shall
be sufficient for all actions.
(e) Chairman.--
(1) The Governor shall appoint a chairman from among the
members of the committee who shall serve at the pleasure of
the Governor.
(2) A vice chairman shall be designated by the chairman
and preside at meetings in the absence of the chairman.
(3) The committee shall meet at the call of the
chairman, but not less than four times a year.
(f) Powers and duties.--The Juvenile Justice and Delinquency
Prevention Committee shall:
(1) Serve in an advisory capacity to the commission
through the committee's participation in the development of
that part of the commission's comprehensive plan relating to
juvenile justice and delinquency prevention.
(2) Perform those functions related to the direct
approval and disbursement of financial assistance in an
advisory capacity only, but the advisory committee shall have
the opportunity to review and comment on the applications
within 30 days after receipt of the application from the
commission.
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(3) Advise the commission on the definition, development
and correlation of programs and projects and the
establishment of priorities for juvenile justice and
delinquency prevention.
(4) Develop standards, methods and procedures for
evaluating and monitoring services for delinquent and
dependent children.
(5) Upon request, provide assistance and advice to the
commission on any other matters relating to juvenile justice
and delinquency prevention.
(6) Submit to the Governor and the General Assembly
reports as may be required by Federal law.
(7) Advise the commission in defining and collaborating
with all State agencies on planning and programming related
to juvenile delinquency prevention and the reduction and
prevention of violence by and against children.
(8) Advise and assist the commission in designing and
promoting comprehensive research-based initiatives to assist
communities and community-based organizations in reducing
risk to and promoting the positive development of children
and preventing juvenile delinquency and youth violence.
(g) Staff support.--Staff support shall be made available to
the committee by the executive director in order to adequately
perform the duties provided for under this section.
§ 3107. (Reserved).
§ 3108. Justice reinvestment grants.
(a) Justice Reinvestment Fund.--The Justice Reinvestment
Fund is established within the State Treasury to support
programs and activities to improve the delivery of criminal
justice services within this Commonwealth.
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(b) Savings assessment.--For fiscal years 2013-2014 through
2017-2018, the Office of the Budget shall develop a formula to
calculate the amount of savings to the Department of Corrections
in the prior fiscal year. The calculation may include all of the
following:
(1) The reduction in prison population because of the
diversion to counties of mid-minimum offenders and short-
minimum offenders.
(2) The elimination of prerelease programs and the
improved efficiencies in the parole system directly resulting
from the act of July 5, 2012 (P.L.1050, No.122), entitled "An
act amending Titles 18 (Crimes and Offenses), 42 (Judiciary
and Judicial Procedure) and 61 (Prisons and Parole) of the
Pennsylvania Consolidated Statutes, in burglary and other
criminal intrusion, further providing for the offense of
burglary; in other offenses, further providing for drug
trafficking sentencing and penalties; in Pennsylvania
Commission on Sentencing, further providing for powers and
duties and for publication of guidelines; in sentencing,
further providing for sentences for second and subsequent
offenses; in sentencing, providing for sentencing for certain
paroled offenders; in sentencing, further providing for
sentencing generally, for disposition under guilty but
mentally ill, for partial confinement, for total confinement
and for proceedings and location; in sentencing, providing
for court-imposed sanctions for offenders violating
probation; in county intermediate punishment, further
providing for definitions and for programs; in correctional
institutions administration, further providing for drug
distribution definitions; in inmate confinement visitation,
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further providing for Gubernatorial visitors, for official
visitors and for rights of official visitors; in inmate
confinement prerelease plans, further providing for
establishment of prerelease centers, for prerelease plan for
inmates, for regulations and for compensation of inmates; in
inmate confinement motivational boot camps, further providing
for definitions and for selection of inmate participants; in
inmate confinement State intermediate punishment, further
providing for definitions and for referral to State
intermediate punishment program; in inmate confinement
recidivism risk reduction incentive, further providing for
definitions; in inmate confinement community corrections
facilities, further providing for definitions; in inmate
confinement, providing for safe community reentry and for
community corrections centers and community corrections
facilities; in probation and parole administration, further
providing for certain offenders residing in group-based
homes, for administrative powers over parolees, for general
court criteria for parole, for parole power, for parole
violation and for parole procedure; in probation and parole
administration, providing for early parole subject to Federal
order; making a related repeal; and abrogating regulations."
(c) Deposit.--
(1) In fiscal year 2013-2014, 75% of the amounts
determined to be savings under subsection (b) are hereby
appropriated to the fund.
(2) In fiscal year 2014-2015, the amounts determined to
be savings under subsection (b) are hereby appropriated to
the fund in an amount not to exceed $21,000,000.
(d) Distributions.--For fiscal years 2013-2014 and 2014-
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2015, the money in the fund shall be transferred as follows:
(1) The sum of $1,000,000 shall be distributed to the
commission. At least 25% of the money under this paragraph
shall be used for a Statewide automated victim information
and notification system, 25% shall be used for victim service
automated data collection and reporting projects and the
balance of the money under this paragraph shall be used for
programs for victims of juvenile offenders.
(2) The sum of $400,000 shall be distributed to the
Pennsylvania Commission on Sentencing to establish models for
risk assessment under 42 Pa.C.S. § 2154.7 (relating to
adoption of risk assessment instrument).
(3) Following distribution under paragraphs (1) and (2),
the remaining money in the fund shall be distributed as
follows:
(i) Forty-three percent to the commission to provide
grants for innovative policing.
(ii) Twenty-one percent to the Department of
Corrections to implement contracts with counties for
offender diversion for mid-minimum offenders and short-
minimum offenders.
(iii) Twenty-six percent to the commission for
grants, in consultation with the Pennsylvania Board of
Probation and Parole, for county probation improvement,
to include the reduction of offenders on probation who
violate the terms of their supervision.
(iv) Six percent to the board for costs related to
streamlining the State parole process.
(v) Four percent to the department to support the
coordinated implementation by the board and the
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department of the program under 61 Pa.C.S. Ch. 49
(relating to safe community reentry), including the
outreach to and use of community organizations and other
nonprofit and for-profit entities.
(e) Appropriation.--Beginning in fiscal year 2013-2014, if
county participation in the program under subsection (d)(3)(ii)
exceeds the amount authorized, the General Assembly may
appropriate additional money to the fund for offender diversion
for mid-minimum offenders and short-minimum offenders.
(f) Additional distributions.--For fiscal years 2015-2016
through 2017-2018, 25% of the amount determined to be savings
under subsection (b) shall be deposited in the fund and
appropriated by the General Assembly for activities related to
sentencing, victim services, contracts for offender diversion,
innovative policing, community reentry programs or probation and
county parole improvement.
(g) Restriction.--Grants awarded under this section shall be
annual grants and shall be used to supplement and not supplant
existing funding, including funding provided by county
governments and grant-in-aid under 61 Pa.C.S. § 6133(c)
(relating to probation services).
(h) Criteria.--The commission, in consultation with the
board, shall adopt criteria for the award of grants by the
commission under this section.
(i) Expiration.--This section shall expire July 15, 2018.
§ 3109. Cooperation by other departments.
The various administrative departments, boards and
commissions shall cooperate so far as practicable with the
commission in the performance of its duties under this chapter,
except as provided in sections 3104 (relating to duties of
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commission relative to criminal statistics) and 3105 (relating
to duties of public agencies and officers in reporting criminal
statistics).
Section 8. Part IV heading of Title 44 is amended to read:
PART IV
OTHER OFFICERS AND
OFFICIALS
Section 9. Title 44 is amended by adding chapters to read:
CHAPTER 73
SHERIFFS AND DEPUTY SHERIFFS
Subchapter
A. General Provisions (Reserved)
B. (Reserved)
C. Sheriff and Deputy Sheriff Education and Training
SUBCHAPTER A
GENERAL PROVISIONS
(Reserved)
SUBCHAPTER B
(Reserved)
SUBCHAPTER C
SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING
Sec.
7321. Scope of subchapter.
7322. Definitions.
7323. The Sheriff and Deputy Sheriff Education and Training
Board.
7324. Powers and duties of board.
7325. Training program.
7326. Continuing education.
7327. Sheriff training requirement.
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7328. Deputy sheriff training requirement.
7329. Revocation of certification.
7330. Sheriff and Deputy Sheriff Education and Training
Account.
7331. Reimbursement to counties.
§ 7321. Scope of subchapter.
This subchapter provides for sheriff and deputy sheriff
education and training.
§ 7322. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Sheriff and Deputy Sheriff Education and
Training Account.
"Board." The Sheriff and Deputy Sheriff Education and
Training Board.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
§ 7323. The Sheriff and Deputy Sheriff Education and Training
Board.
(a) Establishment.--The Sheriff and Deputy Sheriff Education
and Training Board is established within the commission.
(b) Composition.--The board shall be composed of the
following members:
(1) The Attorney General.
(2) Two judges of the courts of common pleas from
different counties.
(3) Two sheriffs from different counties with a minimum
of six years' experience as a sheriff or chief deputy.
(4) Three individuals from different counties with a
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minimum of eight years' experience each as a deputy sheriff.
One of the three shall be currently employed in the capacity
of deputy sheriff with the rank of sergeant or deputy
sheriff.
(5) One educator qualified in the field of curriculum
design.
(6) One county commissioner.
(c) Appointments and terms.--All members of the board, other
than the Attorney General, who shall be a permanent member,
shall be appointed by the Governor for a period of three years.
Any member of the board shall cease to be a member of the board
immediately upon termination of service in the position by which
that person was eligible for membership or appointed as a member
of the board.
(d) Vacancies.--A member appointed to fill a vacancy created
by any reason other than expiration of a term shall be appointed
for the unexpired term of the member who the appointee succeeds
in the same manner as the original appointment.
(e) Expenses.--The members of the board shall serve without
compensation but shall be reimbursed the necessary and actual
expenses incurred in attending the meetings of the board and in
the performance of their duties under this subchapter.
(f) Removal.--Members of the board, other than the Attorney
General, may be removed by the Governor for good cause upon
written notice from the Governor specifically stating the cause
for removal.
(g) Chair.--The members of the board shall elect a chair
from among the members to serve for a period of one year. A
chair may be elected to serve successive terms.
(h) Meetings and quorum.--The board shall meet at least four
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times each year. Special meetings may be called by the chair of
the board or upon written request of three members. A quorum
shall consist of five members.
§ 7324. Powers and duties of board.
The board, with the review and approval of the commission,
shall:
(1) Establish, implement and administer the Sheriff and
Deputy Sheriff Education and Training Program according to
the minimum requirements specified in this subchapter.
(2) Establish, implement and administer requirements for
the minimum courses of study and training for sheriffs and
deputy sheriffs.
(3) Establish, implement and administer requirements for
courses of study and in-service training for sheriffs holding
office and deputy sheriffs appointed prior to August 9, 1984.
(4) Establish, implement and administer requirements for
a continuing education program for all sheriffs and deputy
sheriffs concerning subjects the board may deem necessary and
appropriate for the continued education and training of
sheriffs and deputy sheriffs.
(5) Approve or revoke the approval of any school which
may be utilized to comply with the educational and training
requirements of this subchapter.
(6) Establish the minimum qualifications for instructors
and certify instructors.
(7) Consult and cooperate with universities, colleges,
law schools, community colleges and institutes for the
development of specialized courses for sheriffs and deputy
sheriffs.
(8) Promote the most efficient and economical program
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for sheriff and deputy sheriff training by utilizing existing
facilities, programs and qualified State and local personnel.
(9) Certify sheriffs and deputy sheriffs who have
satisfactorily completed the basic education and training
requirements of this subchapter and issue appropriate
certificates to them.
(10) Revoke the certification of sheriffs and deputy
sheriffs in accordance with section 7329 (relating to
revocation of certification).
(11) Reinstate previously revoked certifications of
sheriffs and deputy sheriffs where the board finds that the
circumstances which led to the revocation of certification
are no longer an impediment to certification.
(12) Make rules and regulations and perform other duties
as may be reasonably necessary or appropriate to administer
this subchapter.
(13) Make an annual report to the Governor and to the
General Assembly concerning:
(i) The administration of the Sheriff and Deputy
Sheriff Education and Training Program.
(ii) The activities of the board.
(iii) The costs of the program.
§ 7325. Training program.
The Sheriff and Deputy Sheriff Education and Training Program
shall include appropriate training for not less than 160 hours
which content and hours of instruction shall be determined by
the board, subject to the review and approval of the commission.
§ 7326. Continuing education.
The board, with the review and approval of the commission,
shall establish a continuing education program for all sheriffs
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and deputy sheriffs, which shall include not less than 20 hours
of continuing education every two years, concerning subjects the
board may deem necessary and appropriate for the continued
education and training of sheriffs and deputy sheriffs.
§ 7327. Sheriff training requirement.
(a) Certification required.--
(1) It shall be the duty of any sheriff elected after
the effective date of this section and not holding
certification as either a deputy sheriff or sheriff on the
first Monday in January next following the election, during
the sheriff's term of office:
(i) To obtain the education and training as provided
in section 7325 (relating to training program), subject
to any reduction in hours as provided in subsection (c).
(ii) To meet the requirements for continuing
education after certification.
(iii) To obtain reinstatement of a previously
revoked certification, if applicable.
(2) In the case of a county which has adopted a home
rule charter which provides for the appointment of the
sheriff, a sheriff appointed after the effective date of this
section shall obtain certification under this section within
18 months of appointment.
(b) Continuing education.--Every sheriff shall, while in
office, meet the requirements for continuing education
established by the board, with the review and approval of the
commission.
(c) Prior education, training or experience.--The board,
with the review and approval of the commission, shall have the
authority and the discretion to reduce the hours of education
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and training required in section 7325 for sheriffs required to
receive education and training who, because of prior education,
training or experience, have acquired knowledge or skill
equivalent to that provided by the program.
(d) Sheriffs in office.--Any sheriff holding office on the
effective date of this section shall be deemed to have satisfied
the requirements for training under section 7325 and shall
receive certification from the board. From the date of the
certification under this subsection, sheriffs shall be subject
to continuing education as provided in subsection (b).
(e) Ineligibility.--Any sheriff failing to receive and
maintain certification as provided in this section shall be
ineligible to be on the ballot for the office of sheriff for any
term subsequent to that under subsection (a).
(f) Vacancies.--
(1) Any person appointed to fill a vacancy in the office
of sheriff shall be certified or, in the alternative, obtain
and maintain certification during the term for which the
person is appointed under subsection (a). Any person
appointed to fill a vacancy in the office of sheriff who does
not fulfill the requirements of subsection (a) shall be
ineligible for subsequent election as provided under
subsection (e).
(2) No person appointed to fill a vacancy in the office
of sheriff where the balance of the unexpired term is less
than one year shall be subject to the requirements of
paragraph (1). However, a person who is elected to a term as
sheriff immediately following the person's previously
appointed term of less than one year is subject to the
requirements under subsection (a).
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(g) Purpose and legislative intent.--It is the public policy
of this Commonwealth that:
(1) Sheriffs receive and maintain education and training
equivalent to that required by law of deputy sheriffs in
order to preserve the safety of county facilities, employees
and residents.
(2) A newly elected sheriff should have an opportunity
to satisfy the requirements of this chapter during the
sheriff's first term, notwithstanding past training and
experience.
§ 7328. Deputy sheriff training requirement.
(a) Diploma.--No person shall be employed or appointed as a
deputy sheriff unless the person is a high school graduate or
has received a secondary school diploma on the basis of general
education development (GED).
(b) Prior education, training or experience.--The board,
with the review and approval of the commission, may reduce the
hours of education and training required in section 7325
(relating to training program) for deputy sheriffs required to
receive education and training who, because of prior education,
training or experience, have acquired knowledge or skill
equivalent to that provided by the program.
(c) Time period.--Any new deputy hired by the sheriff shall
have one year in which to complete training.
(d) Continuing education.--Any full-time or part-time deputy
sheriff who fails to meet and fails to be certified as having
met the requirements for continuing education established by the
board, with the review and approval of the commission, shall be
ineligible to receive any salary, compensation or other
consideration or thing of value for the performance of duties as
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a deputy sheriff.
(e) Penalty.--Any official of any county who orders,
authorizes or pays a salary or compensation or other
consideration or thing of value to any person in violation of
this section commits a summary offense and shall, upon
conviction, be sentenced to pay a maximum fine of $500 or to
imprisonment for a term not to exceed 30 days.
§ 7329. Revocation of certification.
(a) Revocation of deputy sheriff certification.--The board
shall revoke the certification of any deputy sheriff for one or
more of the following:
(1) Conviction for a felony or misdemeanor of the first
or second degree.
(2) Where the board determines the person was dismissed
for cause from employment as a deputy sheriff.
(3) Where the board determines the person is physically
or psychologically unfit to perform the duties of the office.
(4) Where the board determines the person has committed
misconduct which makes the person unfit to perform the duties
of the office, including:
(i) Submission to the board of a document that the
deputy knows contains false information, including
fraudulent application.
(ii) Cheating on board examinations or skill tests.
(b) Revocation of sheriff certification.--The board shall
revoke the certification of a sheriff only after the sheriff is
removed from office. Nothing in this chapter shall be
interpreted as providing grounds for removal of a sheriff from
office, except as provided under Article VI of the Constitution
of Pennsylvania.
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(c) Notification by sheriff.--In the case of a deputy
sheriff, it shall be the responsibility of the sheriff to notify
the board within 15 days of the occurrence of an event described
under subsection (a).
(d) Notification by county commissioners.--In the case of a
sheriff, it shall be the responsibility of the county
commissioners to notify the board within 15 days of a sheriff's
removal from office.
(e) Regulations.--The board shall establish, with the
approval of the commission, regulations providing for the
following:
(1) Notice of a revocation and the right of sheriffs and
deputy sheriffs to request a hearing.
(2) Standards and guidelines for application for
recertification following revocation.
§ 7330. Sheriff and Deputy Sheriff Education and Training
Account.
(a) Establishment.--The Sheriff and Deputy Sheriff Education
and Training Account is established as a special restricted
receipts account within the General Fund for the purpose of
financing training program expenses, the costs of administering
the program, reimbursements to counties and all other costs
associated with the activities of the board and the
implementation of this chapter.
(b) Surcharge.--A surcharge shall be assessed on each fee
collected by the sheriff of every county upon acceptance for
each service required for any complaint, summons, writ or other
legal paper required to be served or posted by the sheriff. The
amount of the surcharge shall be $10.
(b.1) Surcharge in counties of first and second class.--
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(1) In counties of the first and second class, a
surcharge shall be collected by the prothonotary of that
county for each defendant named in a document filed to
commence an action under Pa.R.C.P. No.1007, except when
service is made by a competent adult in the actions listed in
Pa.R.C.P. No. 400(b).
(2) One dollar of the surcharge shall be retained by the
prothonotary to cover administrative costs incurred by
collecting the surcharge and to support any technology and
automation improvements or upgrades for the prothonotary, and
the balance shall be transmitted semiannually to the State
Treasurer for deposit into the account. The amount of the
surcharge shall be $11.
(c) Disposition of money collected.--The moneys collected
under subsection (b) shall be forwarded semiannually by the
sheriff of an individual county to the State Treasurer for
deposit into the account and used exclusively to cover the costs
and expenses of the Sheriff and Deputy Sheriff Education and
Training Program.
(d) Disbursements.--Disbursements from the account shall be
made by the commission.
(e) Audit.--The Auditor General shall conduct an audit of
the account as the Auditor General may deem necessary or
advisable from time to time but no less often than once every
three years.
§ 7331. Reimbursement to counties.
Each county shall pay the ordinary and necessary living and
travel expenses and the regular salary of the county's sheriff
and deputy sheriffs while attending approved schools. The
commission shall provide for reimbursement to each county of
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100% of the regular salaries of the county's sheriff and deputy
sheriffs and 100% of the ordinary and necessary living and
travel expenses incurred by the county's sheriff and deputy
sheriffs while attending certified sheriff and deputy sheriff
basic training or continuing education schools if the county
adheres to the training standards required under this subchapter
and established by the board with the review and approval of the
commission. The commission shall provide for 100% of the tuition
incurred by the sheriff and deputy sheriffs while attending
certified sheriff and deputy sheriff basic training or
continuing education schools.
CHAPTER 75
VICTIM ADVOCATE
Sec.
7501. Office of Victim Advocate.
7502. Victim advocate.
7503. Powers and duties of victim advocate.
7504. Preparole notification to victim.
7505. Petition to deny parole upon expiration of minimum
sentence.
§ 7501. Office of Victim Advocate.
(a) Establishment.--The Office of Victim Advocate is
established within the Pennsylvania Board of Probation and
Parole to represent the interests of crime victims before the
board or Department of Corrections. The office shall operate
under the direction of the victim advocate as provided under
this chapter.
(b) Service and employees.--The victim advocate shall
operate from the central office of the board with clerical,
technical and professional staff as may be available within the
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budget of the board. The compensation of employees of the office
of the board shall be set by the Executive Board.
§ 7502. Victim advocate.
(a) Appointment.--The victim advocate shall be appointed by
the Governor, by and with the consent of a majority of all of
the members of the Senate.
(b) Qualifications.--The victim advocate must be an
individual who:
(1) By reason of training and experience is qualified to
represent the interests of individual crime victims before
the Pennsylvania Board of Probation and Parole.
(2) Has at least six years of professional experience in
victim advocacy, social work or related areas, including one
year in a supervisory or administrative capacity, and a
bachelor's degree. Any equivalent combination of experience
and training shall be acceptable.
(c) Term of office.--
(1) The victim advocate shall hold office for a term of
six years and until a successor shall have been duly
appointed and qualified but no more than 90 days beyond the
expiration of the appointed term.
(2) A vacancy occurring for any reason shall be filled
in the manner provided by section 8 of Article IV of the
Constitution of Pennsylvania for the remainder of the term.
Whenever the victim advocate's term expires, that position
shall be immediately deemed a vacancy, and the Governor shall
nominate a person to fill the position within 90 days of the
date of expiration even if the victim advocate continues in
office.
(d) Compensation.--Compensation shall be set by the
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Executive Board as defined by the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
§ 7503. Powers and duties of victim advocate.
The victim advocate has the following powers and duties:
(1) To represent the interests of individual crime
victims before the Pennsylvania Board of Probation and
Parole, Department of Corrections or hearing examiner.
(2) To supervise the victim notification duties
presently conducted by the board.
(3) To assist in and coordinate the preparation of
testimony by the crime victims as provided under sections
7504(c) (relating to preparole notification to victim) and
7505 (relating to petition to deny parole upon expiration of
minimum sentence) or the submission of oral, written or
videotaped comments by crime victims prior to a release
decision.
(4) To represent the interests of a crime victim under
section 7505.
(5) To act as a liaison with the victim notification
program director in the department to coordinate victim
notification and services for the department and the board.
The victim advocate may address the interests of all victims
before the board, department or hearing examiner concerning
any issues determined appropriate by the victim advocate.
§ 7504. Preparole notification to victim.
(a) Persons to be notified.--No later than 90 days prior to
the parole date of an offender, the victim advocate shall notify
the victim of the offense for which the offender was sentenced,
the parent or legal guardian of a victim who is a minor or a
member of the family if the victim is incapable of communicating
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or has died and shall provide the appropriate person with an
opportunity to submit a preparole statement expressing concerns
or recommendations regarding the parole or parole supervision of
the offender.
(b) Enrollment.--A victim or member of the family shall
notify the victim advocate of the victim's or family member's
intent to submit a preparole statement regarding the parole or
parole supervision of the offender. The notice shall include a
mailing address or change of address notification.
(c) Procedure.--
(1) The victim advocate shall notify the person at the
person's last known mailing address.
(2) The person shall submit the oral, written or
videotaped preparole statement to the victim advocate within
30 days of the date of notice.
(3) The preparole statement shall be considered by the
Pennsylvania Board of Probation and Parole during preparation
of the parole plan.
§ 7505. Petition to deny parole upon expiration of minimum
sentence.
(a) Petition.--Upon the request of a victim who has notified
the board in writing of the victim's desire to have input and
make comment prior to a parole release decision, the victim
advocate shall petition the Pennsylvania Board of Probation and
Parole:
(1) as to the special conditions of release which may be
imposed; or
(2) that the offender should not be paroled based upon
the statement that the victim submitted under section 7504
(relating to preparole notification to victim).
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(b) Appearance.--
(1) The victim or the victim's representative shall be
permitted to appear in person and provide testimony before
the panel or the majority of the Pennsylvania Board of
Probation and Parole members charged with making the parole
release decision or, in the alternative, the victim's or
victim's representative's testimony may be presented by
electronic means as provided by the board.
(2) The testimony of a victim or victim's representative
shall be confidential. Records maintained by the Department
of Corrections and the board pertaining to victims shall be
kept separate from other records, and these victim records,
including current address, telephone number and any other
personal information of the victim and family members, shall
be deemed confidential.
(c) Action.--The Pennsylvania Board of Probation and Parole,
upon petition and after an interview, may do any of the
following:
(1) Order that special conditions of parole be placed
upon the offender or the offender not be paroled based upon
the continuing effect of the crime on the victim.
(2) Order that the offender not be paroled if the board
finds that:
(i) the offender would pose a risk or danger to the
victim or the family of the victim, if the offender were
released on parole; or
(ii) the interests of the Commonwealth would
otherwise be injured.
(d) Notice.--The Pennsylvania Board of Probation and Parole
shall notify the victim of its decision prior to a release of
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the offender.
(e) District attorney.--Notwithstanding any other statutory
provision, the office of the district attorney of the sentencing
county may notify a crime victim of a pending release decision
and act on the victim's behalf or on its own initiative to
submit comments and represent the interests of a crime victim
before the Pennsylvania Board of Probation and Parole prior to a
release decision.
Section 10. Title 44 is amended by adding a part to read:
PART V
VICTIM SERVICES
Chapter
81. Preliminary Provisions
82. Crime Victims
83. Administration
85. (Reserved)
87. Compensation
89. Services
91. Financial Matters
93. Enforcement
95. Miscellaneous Provisions
CHAPTER 81
PRELIMINARY PROVISIONS
Sec.
8101. Scope of part.
8102. Legislative intent.
8103. Definitions.
§ 8101. Scope of part.
This part relates to crime victims.
§ 8102. Legislative intent.
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The General Assembly finds and declares as follows:
(1) In recognition of the civic and moral duty of
victims of crime to fully and voluntarily cooperate with law
enforcement and prosecutorial agencies and in further
recognition of the continuing importance of victim
cooperation to State and local law enforcement efforts and
the general effectiveness and well-being of the criminal
justice system of this Commonwealth, all victims of crime are
to be treated with dignity, respect, courtesy and
sensitivity.
(2) The rights extended to victims of crime in Chapter
82 (relating to crime victims) are to be honored and
protected by law enforcement agencies, prosecutors and judges
in a manner no less vigorous than the protections afforded
criminal defendants.
§ 8103. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult." Any of the following:
(1) An individual charged with a crime who is 18 years
of age or older.
(2) An individual who is subject to criminal court
jurisdiction following the transfer of a case to criminal
proceedings.
(3) An individual who is subject to criminal court
jurisdiction after having been charged with a crime excluded
from paragraph (2)(i), (ii), (iii) or (v) of the definition
of "delinquent act" under 42 Pa.C.S. § 6302 (relating to
definitions).
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"Board." The Pennsylvania Board of Probation and Parole.
"Chief administrator." As defined in 61 Pa.C.S. § 102
(relating to definitions).
"Claimant." The person filing a claim under Chapter 87
(relating to compensation).
"Cleaning." To remove or attempt to remove stains or blood
caused by a crime or other dirt or debris caused by the
processing of a crime scene.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Committee." The Victims' Services Advisory Committee
established in section 8321 (relating to Victims' Services
Advisory Committee).
"Correctional institution." As defined in 61 Pa.C.S. § 102
(relating to definitions).
"County correctional institution." As defined in 61 Pa.C.S.
§ 102 (relating to definitions). The term does not include a
facility used for the detention or confinement of juveniles.
"Crime." An act which was committed:
(1) In this Commonwealth by a person, including a
juvenile, without regard to legal exemption or defense which
would constitute a crime under the following:
(i) The act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(ii) Any provision of:
18 Pa.C.S. (relating to crimes and offenses).
30 Pa.C.S. § 5502 (relating to operating
watercraft under influence of alcohol or controlled
substance).
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30 Pa.C.S. § 5502.1 (relating to homicide by
watercraft while operating under influence).
The former 75 Pa.C.S. § 3731 (relating to driving
under influence of alcohol or controlled substance).
75 Pa.C.S. § 3732 (relating to homicide by
vehicle).
75 Pa.C.S. § 3735 (relating to homicide by
vehicle while driving under influence).
75 Pa.C.S. § 3735.1 (relating to aggravated
assault by vehicle while driving under the
influence).
75 Pa.C.S. § 3742 (relating to accidents
involving death or personal injury).
75 Pa.C.S. Ch. 38 (relating to driving after
imbibing alcohol or utilizing drugs).
(iii) The laws of the United States.
(2) Against a resident of this Commonwealth which would
be a crime under paragraph (1) but for its occurrence in a
location other than this Commonwealth.
(3) Against a resident of this Commonwealth which is an
act of international terrorism.
"Department." The Department of Corrections of the
Commonwealth.
"Direct victim." An individual against whom a crime has been
committed or attempted and who as a direct result of the
criminal act or attempt suffers physical or mental injury, death
or the loss of earnings under this part. The term shall not
include the alleged offender. The term includes a resident of
this Commonwealth against whom an act has been committed or
attempted which otherwise would constitute a crime as defined in
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this part but for its occurrence in a location other than this
Commonwealth and for which the individual would otherwise be
compensated by the crime victim compensation program of the
location where the act occurred but for the ineligibility of the
program under the provisions of the Victims of Crime Act of 1984
(Public Law 98-473, 42 U.S.C. § 10601 et seq.).
"Dispositional proceeding." A proceeding which occurs in
open common pleas court which potentially could dispose of the
case. The term includes Accelerated Rehabilitative Disposition,
pleas, trial and sentence.
"Diversionary program." A program which is used to divert a
defendant to an alternative form of disposition under the
Pennsylvania Rules of Criminal Procedure or statutory authority.
The term includes dispositions authorized by Rules 160, 176 and
314 of the Pennsylvania Rules of Criminal Procedure and sections
17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act.
"Family." When used in reference to an individual:
(1) anyone related to that individual within the third
degree of consanguinity or affinity;
(2) anyone maintaining a common-law relationship with
the individual; or
(3) anyone residing in the same household with the
individual.
"Injury." Includes physical or mental damages incurred as a
direct result of a crime and aggravation of existing injuries if
additional losses can be attributed to the direct result of a
crime.
"International terrorism." Activities which meet all of the
following:
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(1) Involve violent acts or acts dangerous to human life
that are a violation of the criminal laws of the United
States or of any state or that would be a criminal violation
if committed within the jurisdiction of the United States or
of any state.
(2) Appear to be intended:
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by
assassination or kidnapping.
(3) Occur primarily outside of the territorial
jurisdiction of the United States or transcend national
boundaries in terms of the means by which they are
accomplished, the persons they appear intended to intimidate
or coerce or the locale in which their perpetrators operate
or seek asylum.
"Intervenor." An individual who goes to the aid of another
and suffers physical or mental injury or death as a direct
result of acting not recklessly to prevent the commission of a
crime, lawfully apprehend a person reasonably suspected of
having committed the crime or aid the victim of the crime.
"Juvenile." An individual who is alleged or has been
determined to be a "delinquent child" as defined in 42 Pa.C.S. §
6302 (relating to definitions).
"Law enforcement agency." The Pennsylvania State Police or a
local law enforcement agency.
"Local law enforcement agency." A police department of a
city, borough, incorporated town or township.
"Loss of earnings." Includes the loss of the cash equivalent
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of one month's worth of Social Security, railroad retirement,
pension plan, retirement plan, disability, veteran's retirement,
court-ordered child support or court-ordered spousal support
payments if the payments are the primary source of a victim's
income and the victim is deprived of money as a direct result of
a crime.
"Office." The Office of Victim Advocate established in
section 7503 (relating to powers and duties of victim advocate).
"Office of Victims' Services." The Office of Victims'
Services in the Pennsylvania Commission on Crime and
Delinquency.
"Out-of-pocket loss." Any of the following losses which
shall be reimbursed at a rate set by the Office of Victims'
Services:
(1) Expenses for unreimbursed and unreimbursable
expenses or indebtedness incurred for medical care,
nonmedical remedial care and treatment as approved by the
Office of Victims' Services or other services.
(2) Expenses for counseling, prosthetic devices,
wheelchairs, canes, walkers, hearing aids, eyeglasses or
other corrective lenses or dental devices reasonably
necessary as a result of the crime upon which a claim is
based and for which the claimant either has paid or is
liable.
(3) Expenses related to the reasonable and necessary
costs of cleaning a crime scene of a private residence.
(4) Expenses resulting from the temporary or permanent
relocation of a direct victim and individuals residing in the
household of the direct victim due to the incident forming
the basis of the victim's claim when there is an immediate
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need to protect the safety and health of the victim and
individuals residing in the household, as verified by a
medical provider, human services provider or law enforcement.
(5) Expenses for physical examinations and materials
used to obtain evidence.
(6) Other reasonable expenses which are deemed necessary
as a direct result of the criminal incident.
Except as otherwise provided, the term does not include property
damage or pain and suffering.
"Personal injury crime." An act, attempt or threat to commit
an act which would constitute a misdemeanor or felony under the
following:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. Ch. 27 (relating to assault).
18 Pa.C.S. Ch. 29 (relating to kidnapping).
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
18 Pa.C.S. Ch. 37 (relating to robbery).
18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
witness intimidation).
30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
while operating under influence).
The former 75 Pa.C.S. § 3731 (relating to driving under
influence of alcohol or controlled substance) in cases
involving bodily injury.
75 Pa.C.S. § 3732 (relating to homicide by vehicle).
75 Pa.C.S. § 3735 (relating to homicide by vehicle while
driving under influence).
75 Pa.C.S. § 3735.1 (relating to aggravated assault by
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vehicle while driving under the influence).
75 Pa.C.S. § 3742 (relating to accidents involving death
or personal injury).
75 Pa.C.S. Ch. 38 (relating to driving after imbibing
alcohol or utilizing drugs) in cases involving bodily injury.
The term includes violations of any protective order issued as a
result of an act related to domestic violence.
"Prosecutor's office." The Office of Attorney General or the
office of a district attorney of a county.
"State correctional institution." As defined in 61 Pa.C.S. §
102 (relating to definitions).
"Victim." The term means the following:
(1) A direct victim.
(2) A parent or legal guardian of a child who is a
direct victim, except when the parent or legal guardian of
the child is the alleged offender.
(3) A minor child who is a material witness to any of
the following crimes and offenses under 18 Pa.C.S. (relating
to crimes and offenses) committed or attempted against a
member of the child's family:
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 3121 (relating to rape).
(4) A family member of a homicide victim, including
stepbrothers or stepsisters, stepchildren, stepparents or a
fiance, one of whom is to be identified to receive
communication as provided for in this part, except where the
family member is the alleged offender.
"Victim advocate." The victim advocate in the Office of
Victim Advocate within the Pennsylvania Board of Probation and
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Parole.
CHAPTER 82
CRIME VICTIMS
Subchapter
A. Bill of Rights
B. Responsibilities
SUBCHAPTER A
BILL OF RIGHTS
Sec.
8201. Rights.
§ 8201. Rights.
Victims of crime have the following rights:
(1) To receive basic information concerning the services
available for victims of crime.
(2) To be notified of certain significant actions and
proceedings within the criminal and juvenile justice systems
pertaining to their case. This paragraph includes all of the
following:
(i) Access to information regarding whether the
juvenile was detained or released following arrest and
whether a petition alleging delinquency has been filed.
(ii) Immediate notification of a juvenile's
preadjudication escape from a detention center or shelter
facility and the juvenile's subsequent apprehension.
(iii) Access to information regarding the grant or
denial of bail to an adult.
(iv) Immediate notification of an adult offender's
pretrial escape from a local correctional facility and of
the offender's subsequent apprehension.
(3) To be accompanied at all criminal and all juvenile
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proceedings in accordance with 42 Pa.C.S. § 6336 (relating to
conduct of hearings) by a family member, a victim advocate or
other person providing assistance or support.
(4) In cases involving a personal injury crime or
burglary, to submit prior comment to the prosecutor's office
or juvenile probation office, as appropriate to the
circumstances of the case, on the potential reduction or
dropping of any charge or changing of a plea in a criminal or
delinquency proceeding, or, diversion of any case, including
an informal adjustment or consent decree.
(5) To have opportunity to offer prior comment on the
sentencing of a defendant or the disposition of a delinquent
child, to include the submission of a written and oral victim
impact statement detailing the physical, psychological and
economic effects of the crime on the victim and the victim's
family. The written statement shall be included in any
predisposition or presentence report submitted to the court.
Victim-impact statements shall be considered by a court when
determining the disposition of a juvenile or sentence of an
adult.
(5.1) To have notice and to provide prior comment on a
judicial recommendation that the defendant participate in a
motivational boot camp under 61 Pa.C.S. Ch. 39 (relating to
motivational boot camp).
(5.2) Upon request of the victim of a personal injury
crime, to have the opportunity to submit written comment or
present oral testimony at a disposition review hearing, which
comment or testimony shall be considered by the court when
reviewing the disposition of the juvenile.
(6) To be restored, to the extent possible, to the
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precrime economic status through the provision of
restitution, compensation and the expeditious return of
property which is seized as evidence in the case, when in the
judgment of the prosecutor, the evidence is no longer needed
for prosecution of the case.
(7) In personal injury crimes where the adult is
sentenced to a State correctional institution, to be:
(i) given the opportunity to provide prior comment
on and to receive State postsentencing release decisions,
including work release, furlough, parole, pardon or
community treatment center placement;
(ii) provided immediate notice of an escape of the
adult and of subsequent apprehension; and
(iii) given the opportunity to receive notice of and
to provide prior comment on a recommendation sought by
the Department of Corrections that the offender
participate in a motivational boot camp under 61 Pa.C.S.
Ch. 39.
(8) In personal injury crimes where the adult is
sentenced to a local correctional institution, to:
(i) receive notice of the date of the release of the
adult, including work release, furlough, parole, release
from a boot camp or community treatment center placement;
and
(ii) be provided with immediate notice of an escape
of the adult and of subsequent apprehension.
(8.1) If, upon the request of the victim of a personal
injury crime committed by a juvenile, the juvenile is ordered
to residential placement, a shelter facility or a detention
center, to:
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(i) Receive prior notice of the date of the release
of the juvenile, including temporary leave or home pass.
(ii) Be provided with:
(A) immediate notice of an escape of the
juvenile, including failure to return from temporary
leave or home pass; and
(B) immediate notice of reapprehension of the
juvenile.
(iii) Be provided with notice of transfer of a
juvenile who has been adjudicated delinquent from a
placement facility that is contrary to a previous court
order or placement plan approved at a disposition review
hearing and to have the opportunity to express a written
objection prior to the release or transfer of the
juvenile.
(9) If the adult is subject to an order under 23 Pa.C.S.
Ch. 61 (relating to protection from abuse) and is committed
to a county correctional institution for a violation of the
order or for a personal injury crime against a victim
protected by the order, to receive immediate notice of the
release of the adult on bail.
(10) To receive notice if an adult is committed to a
mental health institution from a State correctional
institution and notice of the discharge, transfer or escape
of the adult from the mental health institution.
(11) To have assistance in the preparation of,
submission of and follow-up on financial assistance claims to
the Office of Victims' Services.
(12) To be notified of the details of the final
disposition of the case of a juvenile consistent with 42
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Pa.C.S. § 6336(f).
(13) Upon the request of the victim of a personal injury
crime, to be notified of the termination of the court's
jurisdiction.
SUBCHAPTER B
RESPONSIBILITIES
Sec.
8211. Responsibilities of victims of crime under basic bill of
rights.
8212. Responsibilities of State and local law enforcement
agencies.
8213. Responsibilities of prosecutor's office.
8214. Responsibilities of department, county correctional
institutions and board.
8215. Responsibilities of Department of Human Services and
mental health institutions under basic bill of
rights.
8216. Responsibilities of juvenile probation office.
§ 8211. Responsibilities of victims of crime under basic bill
of rights.
A victim shall provide a valid address and telephone number
and any other required information to all agencies responsible
for providing information and notice to the victim. The victim
shall provide timely notice of any changes in the status of the
information. The information provided shall not be disclosed to
any person other than a law enforcement agency, corrections
agency or prosecutor's office without the prior written consent
of the victim.
§ 8212. Responsibilities of State and local law enforcement
agencies.
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(a) Training.--A law enforcement agency shall ensure that
all of its officers and employees are familiar with crime
victims' compensation as provided for in Chapter 87 (relating to
compensation). Instruction concerning crime victims'
compensation shall be made a part of the training curriculum for
all trainee officers.
(b) Notice.--
(1) Law enforcement agencies shall within 48 hours of
reporting give notice to the direct victim or, if
appropriate, a member of the direct victim's family of the
availability of crime victims' compensation. The notice
required under this subsection shall be in writing and in a
manner and form developed by the Office of Victims' Services.
(2) Law enforcement agencies shall provide basic
information on the rights and services available for crime
victims. The information shall be in writing and shall be
provided to the victim within 24 hours of the law enforcement
agency's first contact with the victim in a manner and form
to be developed by the Office of Victims' Services.
(c) Application.--The written notification provided for in
subsection (b)(1) shall be accompanied by one copy of the
application form for crime victims' compensation. Application
forms shall be supplied by the Office of Victims' Services to
law enforcement agencies. A record of the date of notification
shall be maintained by the law enforcement agency. The Office of
Victims' Services shall maintain a mailing list of all local law
enforcement agencies and provide law enforcement agencies with
forms by which they can order additional claim forms. The Office
of Victims' Services shall also provide updates to law
enforcement agencies on changes which affect their
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responsibilities under this part.
(d) Forms.--The form developed by the Office of Victims'
Services shall be attached to the police report and shall
include a victim checkoff signifying that the information has
been provided to the crime victim.
(e) Notice in personal injury crimes.--
(1) In a personal injury crime, the law enforcement
agency shall make reasonable efforts to notify the victim of
the arrest of the suspect and of the filing or forwarding of
a complaint relating to the crime as soon as possible. Unless
the victim cannot be located, notice of the arrest shall be
provided not more than 24 hours after the preliminary
arraignment. In a case alleging delinquency, notice of the
filing or forwarding of a complaint shall be provided not
more than 24 hours after the complaint has been filed or
forwarded to the juvenile probation office or district
attorney.
(2) In a personal injury crime, a law enforcement
agency, sheriff, deputy sheriff or constable shall notify the
victim of an inmate's escape from the custody of the law
enforcement agency, sheriff, deputy sheriff or constable.
(f) Return of property.--The appropriate law enforcement
agency shall return to the victim property seized as evidence if
the prosecutor's office determines that the evidence is no
longer needed for prosecution.
§ 8213. Responsibilities of prosecutor's office.
(a) Forms.--The prosecutor's office shall provide the victim
of a personal injury crime with all forms developed under
sections 8214 (relating to responsibilities of department,
county correctional institutions and board) and 8215 (relating
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to responsibilities of Department of Human Services and mental
health institutions under basic bill of rights).
(b) Pleading.--In a personal injury crime or burglary, the
prosecutor's office shall provide notice of and offer the
opportunity to submit prior comment on the potential reduction
or dropping of any charge or changing of a plea, a diversion of
any case, including informal adjustment and consent decree,
unless the notice is provided by the juvenile probation office.
(c) Sentencing.--The prosecutor's office shall provide
notice of the opportunity to offer prior comment on the
sentencing of an adult and disposition of a juvenile. The prior
comment includes the submission of oral and written victim
impact statements. The prosecutor's office shall assist a victim
who requests assistance to prepare this comment.
(d) Release.--In a personal injury crime, the prosecutor's
office shall provide notice of the opportunity to submit input
into State correctional release decisions, to receive notice of
any release of an adult from a correctional institution and to
receive notice of the commitment to a mental health institution
from a correctional institution.
(e) Disposition.--In a personal injury crime, if the
prosecutor's office has advance notice of dispositional
proceeding, the prosecutor shall make reasonable efforts to
notify a victim of the time and place of the proceeding.
(f) Notice.--The prosecutor's office shall provide all of
the following to the victim:
(1) Upon request of the victim, notice of the
disposition and sentence of an adult, including sentence
modifications.
(2) Upon request in a personal injury crime, reasonable
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attempts to notify the victim as soon as possible when the
adult is released from incarceration at sentencing.
(3) If the prosecutor's office is prosecuting a personal
injury crime, notice prior to the entry of a consent decree.
(4) Prior notice of delinquency adjudication hearings
unless the hearings are scheduled by the juvenile probation
office.
(5) Notification of hearings related to the transfer of
a juvenile to and from criminal proceedings.
(6) Upon request in a personal injury crime, notice of
the filing, hearing or disposition of appeals.
(7) Notice of the details of the final disposition of
the case consistent with 42 Pa.C.S. § 6336(f) (relating to
conduct of hearings) unless provided by the juvenile
probation office.
(g) Assistance.--The prosecutor's office shall provide
assistance to the victim in all of the following:
(1) Preparation of statements under section 8201(5)
(relating to rights).
(2) Preparation of, submission of and follow-up on
financial assistance claims filed with the Office of Victims'
Services.
(h) Return of property.--The prosecutor's office shall
return to the victim any property seized as evidence if the
prosecutor's office determines that the evidence is no longer
needed for prosecution.
§ 8214. Responsibilities of department, county correctional
institutions and board.
(a) Forms.--The department and the board shall develop
standardized forms regarding victim notification. The form shall
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include the address where the form is to be sent. The department
shall develop a standardized form which may be used by county
correctional institutions. In the case of a county with victim-
witness coordinators, the county correctional institution shall
perform its responsibilities under this section in cooperation
with the county's victim-witness coordinator.
(b) Notice.--If the department and board have received
notice of a victim's desire to have input under section 8201(7)
(relating to rights), the appropriate agency shall notify the
victim sufficiently in advance of a pending release decision to
extend an opportunity for prior comment. The county correctional
institution's notice to the victim under section 8201(9) shall
occur immediately.
(c) Comment.--The victim's prior comment may be oral or
written and shall be considered by the department or the board
as to the advisability of release and any conditions of release
which may be imposed.
(d) Escape notification.--If the department or county
correctional institution has received notice of a victim's
desire to receive notification regarding escape of the offender
as provided for in section 8201(8), the chief administrator
shall immediately notify the victim of the escape.
(e) Mental health.--If the department or county correctional
institution has received notice of a victim's desire to receive
notification as provided for in section 8201(10), the chief
administrator shall notify the victim of the commitment of the
offender to a mental health institution and the location of the
facility within 24 hours of the commitment.
(f) Records.--Records maintained by the department, the
county correctional institution and the board pertaining to
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victims shall be kept separate. Current address, telephone
number and any other personal information of the victim and
family members shall be deemed confidential.
(g) Release of offender.--The department, the county
correctional institution or the board shall notify the victim of
the final decision rendered, the date of any release and
relevant conditions imposed prior to the release of the
offender.
§ 8215. Responsibilities of Department of Human Services and
mental health institutions under basic bill of
rights.
(a) Forms.--The Department of Human Services shall develop
standardized forms, which shall include the address where the
completed form is to be sent, for the receipt of notice from a
victim concerning the victim's interest in a discharge decision
and notification of an escape. Sufficient copies of the forms
shall be provided to the office of the district attorney for
distribution to victims upon court-ordered commitment of the
offender to a mental health institution in the State system.
(b) Designated staff.--If the Department of Human Services
has received notice of a victim's desire to receive notification
as provided under section 8201(10) (relating to rights)
regarding release, placement or escape of the offender, the
Department of Human Services shall designate the appropriate
official to notify the victim of the discharge of the offender
from the mental health institution and the facility to which the
offender was discharged within 24 hours of the discharge. The
Department of Human Services or the designated official shall
immediately notify the victim of an escape of the offender from
the mental health institution.
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§ 8216. Responsibilities of juvenile probation office.
(a) Notice.--The juvenile probation office shall provide the
following to a victim:
(1) Prior notice of a delinquency adjudication hearing
unless the hearing has been scheduled by the prosecutor's
office.
(2) Notification of a disposition hearing.
(3) Notice of a juvenile's preadjudication escape from a
detention center or shelter facility and the juvenile's
subsequent apprehension.
(4) Upon request, notice of whether the juvenile
probation office has detained or released the juvenile
following arrest and whether a delinquency petition has been
filed.
(5) Notice of the details of the final disposition of
the case consistent with 42 Pa.C.S. § 6336(f) (relating to
conduct of hearings) unless provided by the prosecutor's
office.
(b) Additional notice in cases involving a personal injury
crime or burglary.--In a case involving a personal injury crime
or burglary, the juvenile probation office shall provide notice
and the opportunity to provide prior comment on the potential
reduction or dropping of a charge or diversion of a case,
including informal adjustment and consent decree, unless the
notice and opportunity is provided by the prosecutor's office.
Upon request, the victim shall also receive notification of a
review of disposition hearing.
(c) Dispositions.--The juvenile probation office shall:
(1) Offer the victim the opportunity to provide a
written victim impact statement to be considered in the
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disposition of a case and included as part of any
predisposition report submitted to the court.
(2) Notify the victim of the right to provide an oral
victim impact statement at the time of disposition in the
case of a juvenile who has been adjudicated delinquent.
(d) Postdisposition notice.--Upon the request of the victim
of a personal injury crime, the juvenile probation office shall:
(1) Provide prior notice to the victim when a juvenile
who has been adjudicated delinquent and ordered into
residential placement or official detention will be granted
temporary leave, home pass or release.
(2) Notify the victim of a proposed release or transfer
of an adjudicated delinquent from placement that is contrary
to a previous court order or placement plan approved at a
disposition review hearing and shall extend the victim the
opportunity to provide a written objection prior to the
release or transfer of the juvenile from placement.
(3) Notify the victim immediately of a juvenile's escape
from official detention or failure to return from temporary
leave or home pass and of the juvenile's subsequent
apprehension.
(4) Notify the victim of the termination of the juvenile
court jurisdiction.
(5) Provide the opportunity to submit written comment
and oral testimony at a disposition review hearing.
CHAPTER 83
ADMINISTRATION
Subchapter
A. (Reserved)
B. Office of Victims' Services
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C. Committee
SUBCHAPTER A
(Reserved)
SUBCHAPTER B
OFFICE OF VICTIMS' SERVICES
Sec.
8311. Office of Victims' Services.
8312. Powers and duties of Office of Victims' Services.
§ 8311. Office of Victims' Services.
(a) Establishment.--The Office of Victims' Services is
established within the commission. The Office of Victims'
Services shall administer Chapter 87 (relating to compensation).
The Office of Victims' Services shall also dispose of all claims
for compensation filed under Chapter 87.
(b) Director.--A director of the Office of Victims' Services
shall be appointed by the chairman of the commission. The
director shall be paid compensation as the executive board may
determine.
(c) Staff.--The director of the Office of Victims' Services
may employ personnel and contract for services as necessary and
authorized to carry out the purposes of the Office of Victims'
Services.
§ 8312. Powers and duties of Office of Victims' Services.
The Office of Victims' Services, subject to approval of the
commission, shall:
(1) Establish and maintain a principal office in or near
Harrisburg and other offices within this Commonwealth as it
may deem necessary.
(2) Appoint counsel, clerks, claims verifiers, hearing
officers and other employees and agents as it may deem
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necessary, and fix their compensation within the limits
provided by law and prescribe their duties.
(3) Adopt, promulgate, amend and rescind suitable rules
and regulations to carry out the provisions and purposes of
Chapter 87 (relating to compensation). These regulations
shall provide for the approval of attorney fees for
representation before the Office of Victims' Services, a
hearing examiner or before Commonwealth Court upon judicial
review under section 8705 (relating to judicial review).
Awards of the attorney fees shall be in addition to awards
made to direct victims. Awards of attorney fees shall in no
case exceed 15% of the award to the direct victim or victims.
It shall be unlawful for an attorney to contract for or
receive any sum larger than the amount allowed. Regulations
under this paragraph shall include policies, procedures and
standards of review regarding claims for compensation;
approval or denial of claims, including contributory conduct
by direct victims; verification of information and documents;
prioritization of review; and all other matters related to
the processing.
(4) Request and review from law enforcement agencies and
from any other State or municipal department, agency or
public authority assistance and data as will enable the
Office of Victims' Services to carry out its powers and
duties.
(5) Determine all claims for awards filed with the
Office of Victims' Services under Chapter 87 and to
reinvestigate or reopen cases as the Office of Victims'
Services deems necessary.
(6) Direct medical examinations of direct victims.
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(7) Appoint hearing officers authorized to administer
oaths or affirmations, examine any person under oath or
affirmation and issue subpoenas requiring attendance of
witnesses, testimony of witnesses and production of evidence.
Except where a claim is determined to be frivolous, a
claimant shall receive reimbursement at a rate to be
determined by the Office of Victims' Services for attending
hearings, regardless of the disposition of the claim.
(8) Take or cause to be taken affidavits or depositions
in or outside of this Commonwealth.
(9) Render each year to the Governor and General
Assembly a written report of its activities.
(10) Arrange with the heads of other Commonwealth
agencies for the performance of any of its functions under
this chapter with or without reimbursement and, with the
approval of the Governor, delegate and authorize the
redelegation of any of its powers under this part.
(11) Establish a program to assure extensive and
continuing publicity of information regarding the
compensation provisions under Chapter 87. This information
shall include the right to file a claim, the scope of
coverage and procedures to be utilized incident to the claim.
(12) Administer the funds under section 9101(b)
(relating to costs) for the payment of claims filed under
Chapter 87 and for all reasonable and necessary
administrative expenses.
(13) Establish compensation limits and reimbursement
rates for the purpose of carrying out the provisions of
Chapter 87. The Office of Victims' Services shall transmit
notice of a schedule of the compensation limits and
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reimbursement rates to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin, provided that the
Office of Victims' Services shall, within two years of
publication, promulgate a regulation stating the schedule of
compensation limits and reimbursement.
SUBCHAPTER C
COMMITTEE
Sec.
8321. Victims' Services Advisory Committee.
8322. Powers and duties of committee.
§ 8321. Victims' Services Advisory Committee.
(a) Establishment.--The Victims' Services Advisory Committee
is established within the commission.
(b) Membership.--The committee shall consist of the
following members:
(1) The Secretary of Aging or a designee.
(2) The Secretary of Corrections or a designee.
(3) The Secretary of Human Services or a designee.
(4) The Commissioner of Pennsylvania State Police.
(5) The victim advocate.
(6) A district attorney appointed by the Governor.
(7) Nine individuals appointed by the Governor. Members
under this paragraph must represent direct victims, Statewide
victims' coalitions, prosecution-based victim/witness
programs and other victim service or victim advocacy
organizations, the courts, members of local government and
other victims' organizations or organizations involved in the
coordination or delivery of services to direct victims. At
least one of the Governor's appointees must be a
representative of a victims' services agency working directly
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with children.
(c) Terms.--A member under subsection (b)(1) through (5)
shall serve ex officio. A member under subsection (b)(6) or (7)
shall serve for a four-year term and may be appointed for no
more than one additional consecutive term.
(d) Restrictions.--The committee and its members are subject
to the same limitations and conditions imposed upon the
commission as prescribed in section 3102 (relating to
Pennsylvania Commission on Crime and Delinquency).
(e) Quorum.--A majority of the members shall constitute a
quorum. A vote of the majority of the members present shall be
sufficient for all actions.
(f) Chair.--The Governor shall appoint a chairperson from
among the members of the committee. The chairperson shall serve
at the pleasure of the Governor. A vice chairperson shall be
designated by the chairperson and preside at meetings in the
absence of the chairperson.
(g) Meeting.--The committee shall meet at the call of the
chair but no fewer than four times a year.
§ 8322. Powers and duties of committee.
The committee shall:
(1) Serve in an advisory capacity to the commission,
including the Office of Victims' Services, through the
committee's participation in the development of that part of
the commission's plan relating to direct victims' services
and compensation.
(2) Advise the commission on the development of direct
services for minor children who are material witnesses to any
of the following crimes and offenses under 18 Pa.C.S.
(relating to crimes and offenses) committed or attempted
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against a member of the child's family:
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 3121 (relating to rape).
(3) Perform those functions related to the direct
approval and disbursement of financial assistance in an
advisory capacity only. The committee shall have the
opportunity to review and comment on applications other than
applications for claims for compensation under sections 8702
(relating to filing of claims for compensation) and 8706
(relating to emergency awards) within 30 days after receipt
of the application from the commission.
(4) Advise the commission on the definition, development
and correlation of programs and projects and the
establishment of priorities for direct victims' services and
compensation.
(5) Develop standards, methods and procedures for
evaluating and monitoring direct victims' services.
(6) Upon request, provide assistance and advice to the
commission on any other matters relating to direct victims'
services and compensation.
(7) Receive staff support from the commission and the
Office of Victims' Services in order to adequately perform
the duties provided under this section.
CHAPTER 85
(Reserved)
CHAPTER 87
COMPENSATION
Sec.
8701. Persons eligible for compensation.
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8702. Filing of claims for compensation.
8703. Minimum allowable claim.
8704. Determination of claims.
8705. Judicial review.
8706. Emergency awards.
8707. Awards.
8708. Manner of payment.
8709. Confidentiality of records.
8710. Responsibilities of employers, service providers and
insurance companies.
§ 8701. Persons eligible for compensation.
(a) General rule.--Except as otherwise provided in this
part, the following persons shall be eligible for compensation:
(1) A direct victim.
(2) An intervenor.
(3) A surviving spouse, parent or child of a deceased
direct victim or intervenor.
(4) Another individual dependent for principal support
upon a deceased direct victim or intervenor.
(5) A person who assumes the obligation or pays for a
crime scene cleanup, funeral or burial expenses incurred as a
direct result of a crime.
(b) Exception.--
(1) A person or an accomplice of the person who is
criminally responsible for the crime upon which a claim is
based shall not be eligible to receive compensation with
respect to the claim.
(2) A member of the family of the individual who
committed the crime shall not be eligible for compensation if
the offender is living in the same household as the direct
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victim and will substantially benefit from the award.
(3) The Attorney General may at any time sue the
offender or the direct victim, or both, to recover the award
if the offender benefits from the award.
§ 8702. Filing of claims for compensation.
(a) General rule.--Except as otherwise provided in this
part, a claim for compensation may be filed by an individual
eligible for compensation as provided in section 8701 (relating
to persons eligible for compensation) or as follows:
(1) If the individual is a minor, the claim may be filed
by a parent or guardian. If the parent or guardian of a minor
who is eligible for compensation is unavailable or fails to
assume financial responsibility for the minor's care, a
person who assumes financial responsibility for services
eligible for compensation and who is not a provider of
services or an insurance company may file a claim on behalf
of the minor and may receive compensation for eligible
services provided to the minor.
(2) If the individual is mentally incompetent, the claim
may be filed by a guardian or legal representative. If the
guardian or legal representative of a mentally incompetent
individual who is eligible for compensation is unavailable or
fails to assume financial responsibility for the individual's
care, a person who assumes financial responsibility for
services eligible for compensation and who is not a provider
of services or an insurance company may file a claim on
behalf of the individual and may receive compensation for
eligible services provided to the individual.
(b) Time.--
(1) Except as specified in paragraph (2), a claim must
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be filed not later than two years after the discovery of the
occurrence of the crime upon which the claim is based or not
later than two years after the death of the direct victim or
intervenor as a result of the crime or the discovery and
identification of the body of a murder victim.
(2) Exceptions shall be as follows:
(i) If a direct victim is under 18 years of age at
the time of the occurrence of the crime and the alleged
offender is the direct victim's parent or a person
responsible for the direct victim's welfare, an
individual residing in the same home as the direct victim
or a paramour of the direct victim's parent, all of the
following shall apply:
(A) The limitation period under this subsection
is tolled until the direct victim reaches 21 years of
age.
(B) The limitation period shall run until the
later of:
(I) the end of the limitation period for the
offense specified in 42 Pa.C.S. Ch. 55 Subch. C
(relating to criminal proceedings); or
(II) the end of the limitation period under
paragraph (1).
(ii) If a direct victim is under 18 years of age at
the time of the occurrence of the crime and the direct
victim is seeking reimbursement for counseling services
only, all of the following shall apply:
(A) The limitation period under this subsection
is tolled until the direct victim reaches 21 years of
age.
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(B) The limitation period shall run until the
later of:
(I) the end of the limitation period for the
offense specified in 42 Pa.C.S. Ch. 55 Subch. C;
or
(II) the end of the limitation period under
paragraph (1).
(b.1) Returned claims.--
(1) If a claim has been filed but subsequently returned
to the claimant for correction or for additional verification
or information, the date the claim was first received by the
Office of Victims' Services shall be the permanent filing
date for purposes of subsection (b).
(2) The correction or additional verification or
information must be filed within a period of time established
by the Office of Victims' Services.
(c) Manner.--Claims must be filed with the Office of
Victims' Services in person, by mail or by any electronic means
authorized by the Office of Victims' Services.
§ 8703. Minimum allowable claim.
(a) General rule.--Except as provided in subsection (b), no
award shall be made on a claim unless the claimant has incurred
an aggregate minimum out-of-pocket loss, loss of earnings or
loss of support of $100.
(b) Exception.--Subsection (a) shall not apply if the direct
victim was 60 years of age or older at the time the crime
occurred.
§ 8704. Determination of claims.
(a) Processing.--The Office of Victims' Services shall
establish functional procedures for the intake, verification and
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processing of claims.
(b) Review.--
(1) The Office of Victims' Services shall review the
claim and all supporting documents and investigate the
validity of the claim. The investigation shall include an
examination of police, court and official records and reports
concerning the crime, and an examination of medical and
hospital reports relating to the injury upon which the claim
is based. The Office of Victims' Services may not request or
review counseling notes of mental health service providers.
The Office of Victims' Services shall request an assessment
from the mental health service provider as to the extent the
service provided is needed as a direct result of the crime.
(2) Claims shall be investigated and determined,
regardless of whether the alleged criminal has been
apprehended, prosecuted or adjudicated for the crime in
question.
(c) Determination.--
(1) The Office of Victims' Services shall determine
whether to grant an award, increase or decrease an award or
deny the claim based on the supporting documents, the report
of the investigation and staff recommendations.
(2) If the Office of Victims' Services is unable to
determine whether or not a claim is justified based upon the
supporting documents, it may direct a hearing before a
hearing examiner designated by the commission. At the
hearing, any relevant evidence not legally privileged shall
be admissible.
(d) Notice.--The Office of Victims' Services shall promptly
notify the claimant of its final decision.
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(e) Records.--The Office of Victims' Services shall maintain
complete records and histories on all claims filed, supplemental
awards paid to claimants, claims status and third-party
entitlements and recoveries.
§ 8705. Judicial review.
Within 30 days after receipt of a copy of the report
containing a final decision of the Office of Victims' Services,
the claimant may appeal the final decision of the Office of
Victims' Services in the manner provided for appeals from
administrative agencies as provided under 2 Pa.C.S. Ch. 7 Subch.
A (relating to judicial review of Commonwealth agency action).
§ 8706. Emergency awards.
(a) Authorization.--Notwithstanding the provisions of
sections 8704 (relating to determination of claims) and 8707
(relating to awards), if it appears to the Office of Victims'
Services that the claim is one with respect to which an award
probably will be made and that undue hardship will result to the
claimant if immediate payment is not made, the Office of
Victims' Services may make an emergency award to the claimant
pending a final decision in the case. The following shall apply:
(1) The total amount of the emergency award shall not
exceed $1,500 per claim or at a rate set by the Office of
Victims' Services.
(2) The amount of the emergency award shall be deducted
from any final award made to the claimant.
(3) The excess of the amount of the emergency award over
the amount of the final award or the full amount of the
emergency award, if no final award is made, shall be repaid
by the claimant to the Office of Victims' Services.
(b) Reconsideration.--The Office of Victims' Services may
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reconsider an emergency award at any time prior to the final
decision in the case and increase previous orders for emergency
compensation up to the overall limit of $1,500 per claim or at a
rate set by the Office of Victims' Services.
(c) Compilation.--The Office of Victims' Services shall
compute the total number and amount of emergency awards given in
each fiscal year for inclusion in the annual report.
§ 8707. Awards.
(a) Requirements.--No award shall be made unless it is
determined by a preponderance of the evidence that:
(1) A crime was committed.
(2) The person injured or killed was a direct victim or
intervenor.
(3) The crime was promptly reported to the proper
authorities. In no case may an award be made if the record
shows that the report was made more than 72 hours after the
occurrence of the crime unless:
(i) the victim is under 18 years of age at the time
of the occurrence of the crime and the alleged offender
is the victim's parent or a person responsible for the
victim's welfare, an individual residing in the same home
as the victim or a paramour of the victim's parent; or
(ii) the Office of Victims' Services finds the delay
to have been justified, consistent with regulations of
the Office of Victims' Services.
(4) The direct victim, intervenor or claimant has fully
cooperated with all law enforcement agencies and the Office
of Victims' Services, unless the Office of Victims' Services
finds the noncompliance to have been justified consistent
with the Office of Victims' Services regulations.
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(a.1) Protection from abuse.--A claimant who satisfies the
eligibility requirements of subsection (a)(1), (2) and (4) may
satisfy the eligibility requirement under subsection (a)(3) for
reporting a crime to the proper authorities by commencing an
action brought in accordance with 23 Pa.C.S. Ch. 61 (relating to
protection from abuse) and as provided for in the Pennsylvania
Rules of Civil Procedure. In no case may an award be made if the
record shows that the petition was:
(1) Withdrawn, unless the Office of Victims' Services
finds the withdrawal to have been justified, consistent with
the Office of Victims' Services regulations.
(2) Filed more than 72 hours after the occurrence of the
criminal conduct leading to the commencement of the action,
unless:
(i) the victim is under 18 years of age at the time
of the occurrence of the criminal conduct and the alleged
offender is the victim's parent or a person responsible
for the victim's welfare, an individual residing in the
same home as the victim or a paramour of the victim's
parent; or
(ii) the Office of Victims' Services finds the delay
to have been justified, consistent with regulations of
the Office of Victims' Services.
(b) Amount.--
(1) Any award made under this chapter shall be in an
amount not exceeding out-of-pocket loss, together with loss
of past, present or future earnings or support resulting from
the injury. In no case shall the total amount of an award
exceed $35,000 except for payment of the following:
(i) counseling, the maximum amount of which shall be
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in accordance with paragraph (4.1);
(ii) forensic rape examination and medications
directly related to the sexual assault or rape, the
amount of which shall not exceed $1,000; or
(iii) reasonable and necessary costs of cleaning the
crime scene of a private residence, the amount of which
shall not exceed $500.
(2) An award made for loss of earnings or support shall,
unless reduced pursuant to other provisions of this chapter,
be in an amount equal to the actual loss sustained. The
following shall apply:
(i) No award shall exceed the average weekly wage
for all persons covered by the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law, in this Commonwealth as
determined annually by the Department of Labor and
Industry for each week of lost earnings or support.
(ii) Except as specified in subparagraph (iii), the
aggregate award for the loss shall not exceed $15,000.
(iii) In the case of death of a direct victim or
intervenor, the aggregate award shall not exceed $20,000.
(3) If an order of restitution has been entered on
behalf of the direct victim, those amounts actually collected
shall be applied first to property losses incidental to the
crime and secondly to personal injury losses as provided
under subsection (f).
(4) An award for counseling performed by or under the
supervision of a psychiatrist, psychologist, licensed
professional counselor or licensed social worker and subject
to the provisions of paragraph (4.1) may be made to:
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(i) a direct victim;
(ii) an individual responsible for the direct
victim's welfare;
(iii) an individual who is physically present at the
crime scene and witnesses a violent crime;
(iv) in the case of a homicide, an individual who
discovers the body;
(v) anyone related to the direct victim within the
second degree of consanguinity or affinity;
(vi) anyone maintaining a common-law relationship
with the direct victim;
(vii) anyone residing in the same household with the
direct victim; or
(viii) anyone engaged to be married to the direct
victim.
(4.1) In the case of an award made under paragraph (4),
the following shall apply:
(i) The amount of an award under paragraph (4)(i)
shall not exceed $5,000 where the direct victim is an
adult and shall not exceed $10,000 where the direct
victim is a minor.
(ii) The amount of an award under paragraph (4)(ii),
(v), (vi), (vii) or (viii) shall not exceed $2,500,
except in the case of a homicide, where the amount of the
award shall not exceed $5,000.
(iii) The amount of an award under paragraph (4)
(iii) or (iv) shall not exceed $1,500.
(5) An award for the reasonable and necessary costs for
the replacement of prosthetic devices, wheelchairs, canes,
walkers, hearing aids, eyeglasses or other corrective lenses,
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dental devices or prescription medications damaged or stolen
as a result of the crime shall be at a rate set by the Office
of Victims' Services. Expenses for prosthetic devices,
wheelchairs, canes, walkers, hearing aids, eyeglasses or
other corrective lenses, dental devices or prescription
medications needed as a result of the crime shall be counted
against the $35,000 award limitation.
(c) Public assistance.--Provisions of awards made pursuant
to a statute compensating or benefiting a direct victim or
claimant shall in no way affect the claimant's or direct
victim's eligibility for public assistance or any other Federal
or Commonwealth social benefit or assistance program.
(d) Apportionment.--If there are two or more individuals
entitled to an award as a result of the death of a direct victim
or intervenor, the award shall be apportioned among the
claimants.
(e) Reduction.--Except as otherwise provided in this part,
an award made under this chapter shall be reduced by the amount
of any payments received or to be received by the claimant as a
result of the injury:
(1) from or on behalf of the individual who committed
the crime;
(2) under any insurance or health and welfare programs,
including those mandated by law;
(3) under any contract of insurance in which the
claimant is the beneficiary;
(4) from public funds;
(5) as an emergency award under section 8706 (relating
to emergency awards);
(6) under any pension program, including those providing
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for disability or survivor's benefits; or
(7) under a settlement or award made by or on behalf of
a party alleged to be responsible in whole or in part for the
injury, without regard to the party's criminal culpability.
(f) Direct victim responsibility.--
(1) Except as specified in paragraphs (2) and (3), in
determining the amount of an award, the Office of Victims'
Services shall determine whether the direct victim or
intervenor, because of conduct, contributed to the infliction
of the injury. The Office of Victims' Services shall reduce
the amount or deny the claim altogether in accordance with
the determination.
(2) If the crime involved is rape or sexual assault, the
conduct of the direct victim shall not be considered. If the
crime involved is related to domestic violence, the conduct
of the direct victim shall not be considered unless the
direct victim was the primary aggressor.
(3) If the crime involved is a homicide, the conduct of
the direct victim shall not be considered for claims by
eligible claimants for counseling.
(g) Intervenor responsibility.--In determining the amount of
an award to an intervenor, the Office of Victims' Services may
consider whether the intervenor, because of conduct, contributed
to the infliction of the injury. The Office of Victims' Services
shall reduce the amount or deny the claim altogether in
accordance with the determination.
(h) Forensic rape investigation.--
(1) A hospital or other licensed health care provider
may submit a claim for reimbursement for the cost of a
forensic rape examination if the cost is not covered by
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insurance or the victim requests that the insurance carrier
not be billed. Upon filing of a claim, the Office of Victims'
Services shall promptly notify the prosecutor of the county
where the crime is alleged to have occurred. The
reimbursement, where applicable, shall be at a rate set by
the Office of Victims' Services.
(2) The cost of a forensic rape examination and the cost
of medications prescribed to the direct victim shall not be
charged to the victim.
(3) A sexual assault or rape victim need not be an
applicant for any other compensation under this chapter.
§ 8708. Manner of payment.
(a) Lump sum.--
(1) The award shall be paid in a lump sum, except that,
in the case of death or protracted disability, the award may
provide for periodic payments.
(2) No award made under this chapter shall be subject to
execution or attachment other than for expenses resulting
from the injury which is the basis for the claim.
(3) All awards shall be paid by or under the authority
of the State Treasurer.
(4) An award shall not be considered as compensation
taxable as income under Article III of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
(5) The Office of Victims' Services shall reconsider at
least annually every award being paid in installments.
(6) The Office of Victims' Services may reconsider a
claim at any time and modify or rescind previous orders for
compensation based upon a change in financial circumstances
of a direct victim or one or more surviving dependents.
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(b) Medical expenses.--
(1) Medical expenses, except as otherwise provided,
shall be paid to a hospital or other licensed health care
provider on behalf of the victim at a rate set by the Office
of Victims' Services.
(2) If the Office of Victims' Services accepts a claim,
the hospital or other licensed health care provider shall
accept payment as payment in full and may not attempt to
collect from the victim any amount exceeding the amount of
reimbursement made by the Office of Victims' Services.
§ 8709. Confidentiality of records.
(a) General rule.--All reports, records or other information
obtained or produced by the Office of Victims' Services during
the processing or investigation of a claim shall be confidential
and privileged, shall not be subject to subpoena or discovery,
shall be used for no purpose other than the processing of a
claim and, except as otherwise provided by law or as provided in
this section, shall not be introduced into evidence in any
judicial or administrative proceeding.
(b) Disclosure restricted.--Except as otherwise provided by
law, no person who has had access to a report, record or any
other information under this subsection shall disclose the
content of the report, record or other information or testify in
a judicial or administrative proceeding without the written
consent of the direct victim or intervenor or, if the direct
victim or intervenor is deceased, the claimant.
(c) Construction.--This section shall not be construed to
preclude or limit introduction of the contents of a report,
record or other information in an appeal hearing before the
Office of Victims' Services or in an investigation, prosecution
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or judicial proceeding enforcing section 9303 (relating to
penalty) or in communicating with the prosecutor's office
regarding restitution.
§ 8710. Responsibilities of employers, service providers and
insurance companies.
(a) Response.--Employers, insurance companies or providers
of services to direct victims, intervenors or claimants,
including, but not limited to, doctors, hospitals and
counselors, shall respond in writing to the request by the
Office of Victims' Services for confirmation or other
information under this chapter within 30 days of receipt of the
request by the Office of Victims' Services.
(b) Penalty.--Any person who fails to respond to a request
under subsection (a) shall be subject to a penalty of not more
than $50 per day, up to and including the date of compliance.
(c) Enforcement.--The office of the district attorney of the
county in which the crime occurred and the Office of Victims'
Services shall be charged with enforcement of this section and
the collection of penalties, which may be given to local victim
service agencies or used for the enforcement and collection of
penalties under this section.
CHAPTER 89
SERVICES
Sec.
8901. Eligibility of victims.
8902. Establishment of basic services for victims of crime.
8903. Grant program for services.
§ 8901. Eligibility of victims.
A victim has the rights and is eligible for the services
under sections 8201 (relating to rights) and 8902 (relating to
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establishment of basic services for victims of crime) only if
the victim reported the crime to law enforcement authorities
without unreasonable delay after its occurrence or discovery,
unless the victim had a reasonable excuse not to do so.
§ 8902. Establishment of basic services for victims of crime.
The commission shall provide technical assistance to and make
grants to district attorneys, other criminal justice agencies or
victim service agencies which provide crime victims with the
following services:
(1) Notification services, including all of the
following:
(i) Information concerning financial assistance and
other social services available as a result of being a
victim of crime.
(ii) Notification that a court proceeding to which
they have been subpoenaed will not be held as scheduled,
in order to save the victim an unnecessary trip to court.
(iii) Notification of the final disposition of the
case.
(2) Protection services, including all of the following:
(i) Protection from harm and threats of harm arising
out of cooperation with law enforcement and prosecution
efforts.
(ii) A secure waiting area during court proceedings
which does not require them to be in close proximity to
defendants and families and friends of defendants.
(3) Procedures for the expedited return by law
enforcement officials of personal property of victims which
is held for prosecutorial purposes.
(4) Services related to the rights of victims under
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Chapter 82 (relating to crime victims).
(5) Other services as defined by the commission.
§ 8903. Grant program for services.
(a) Authority.--The commission may make grants to district
attorneys and other criminal justice agencies for the provision
of the services under section 8902 (relating to establishment of
basic services for victims of crime).
(b) Regulations.--The commission shall promulgate
regulations necessary to ensure the cost-effective delivery of
victim services or victim and witness services consistent with
section 8902.
(c) Participation.--In determining grant awards, the
commission shall promote broad-based participation by a maximum
number of criminal justice agencies Statewide.
(d) Data.--A criminal justice agency that makes application
for awards under this section shall provide data in support of
the request as the commission requires. An agency that receives
an award shall provide the commission with reports as the
commission determines necessary to assess the agency's progress
in the development of victim services.
(e) Report.--The commission shall submit an annual report to
the General Assembly on the progress of services provided for in
section 8902. The report shall include:
(1) The number of participating agencies and population
served.
(2) The extent of services provided.
(3) Any impediments to the progress of the program.
(4) Recommendations for reform.
(f) Allocation.--In the allocation of funds for services
under section 8902, the commission shall consider the extent to
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which crime victims' compensation claims assistance is made
available.
CHAPTER 91
FINANCIAL MATTERS
Sec.
9101. Costs.
9102. Costs for offender supervision programs.
§ 9101. Costs.
(a) Imposition.--
(1) A person who pleads guilty or nolo contendere or who
is convicted of a crime shall, in addition to costs imposed
under 42 Pa.C.S. § 3571(c) (relating to Commonwealth portion
of fines, etc.), pay costs of at least $60 and may be
sentenced to pay additional costs in an amount up to the
statutory maximum monetary penalty for the offense committed.
(2) A person placed in a diversionary program shall pay
costs of at least $60 in addition to costs imposed pursuant
to 42 Pa.C.S. § 3571(c).
(3) A juvenile shall pay costs of at least $25 if any of
the following apply to the case:
(i) There is a consent decree.
(ii) There is an adjudication of delinquency.
(b) Disposition.--
(1) The Crime Victim's Compensation Fund is established
as a special nonlapsing fund in the State Treasury. The fund
shall be used by the Office of Victims' Services for payment
to claimants and technical assistance. Thirty-five dollars of
the costs imposed under subsection (a)(1) and (2) plus 30% of
the costs imposed under subsection (a)(1) which exceed $60
shall be paid into the fund. All costs imposed under
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subsection (a)(3) shall be paid into the fund.
(2) The Victim Witness Services Fund is established as a
special nonlapsing fund in the State Treasury. The fund shall
be used by the commission for victim-witness services and
technical assistance in nonvictim compensation-related areas
in accordance with this section. Twenty-five dollars of the
costs imposed under subsection (a)(1) and (2) plus 70% of the
costs imposed under subsection (a)(1) and (2) which exceed
$60 shall be paid into the fund.
(c) Payment.--This cost shall be imposed notwithstanding any
statutory provision to the contrary.
(d) Mandamus.--The district attorney, the Office of Victims'
Services, the commission or any victim shall have standing to
seek a mandamus order requiring the county to collect the costs
imposed by this section.
(e) Court order.--No court order shall be necessary in order
for the defendant to incur liability for costs under this
section. Costs under this section must be paid in order for the
defendant to be eligible for probation, parole or accelerated
rehabilitative disposition.
§ 9102. Costs for offender supervision programs.
(a) County fund.--
(1) 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 the fund only at the
discretion of the president judge of the court of common
pleas.
(2) The money in the fund shall be used to:
(i) Pay the salaries and employee benefits of all
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probation and parole personnel employed by the county
probation and parole department and the operational
expenses of that department.
(ii) Supplement Federal, State or county
appropriations for the county adult probation and parole
department.
(3) The president judge shall by August 31 provide the
board with an annual statement which fully reflects all
collections deposited into and expenditures from the fund for
the preceding fiscal year.
(4) The board shall promulgate regulations to provide
for the permanent administration of this program.
(b) State fund.--
(1) The State Offender Supervision Fund is established
in the State Treasury, and shall be administered by the board
and comprised of the supervision fees collected by the board
under this section.
(2) The money in the fund shall be used to supplement
the Federal or State funds appropriated for the improvement
of adult probation services.
(c) Court.--
(1) 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.
(2) Of the fee collected, 50% shall be deposited into
the county offender supervision fund established in each
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county in subsection (a), and the remaining 50% shall be
deposited into the State Offender Supervision Fund
established in subsection (b).
(d) Board.--
(1) The board shall impose as a condition of supervision
a monthly supervision fee of at least $25 on any offender
under the board's supervision, unless the board finds that
the fee should be reduced, waived or deferred based on the
offender's present inability to pay.
(2) All fees collected shall be deposited into the State
Offender Supervision Fund established in subsection (b).
(e) Continuation.--
(1) For offenders under supervision of a county
probation department or the board as of August 14, 1991, 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 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
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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.
CHAPTER 93
ENFORCEMENT
Sec.
9301. Subrogation.
9302. Restitution.
9303. Penalty.
§ 9301. Subrogation.
(a) General rule.--
(1) Payment of an award made under Chapter 87 (relating
to compensation) shall subrogate the Commonwealth, to the
extent of the payment, to any right of action against any
person accruing to the claimant, the direct victim or the
intervenor to recover losses resulting from the crime with
respect to which the award is made.
(2) The Commonwealth shall be entitled to bring an
action against the person causing or otherwise liable for the
personal injuries or death for which the payment was made.
(3) Money recovered under this section shall be
deposited in the Crime Victim's Compensation Fund established
in section 9101(b)(1) (relating to costs).
(b) Excess.--
(1) If an amount greater than that paid under Chapter 87
is recovered and collected in the action, the Commonwealth
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shall pay the balance to the claimant.
(2) The Attorney General shall enforce any subrogation.
(3) A claimant who fails to notify the Office of
Victims' Services of the receipt of funds from any other
claim or award arising out of the crime shall forfeit and pay
to the Commonwealth an amount equal to all awards paid by the
Office of Victims' Services to the claimant or on the
claimant's behalf.
§ 9302. Restitution.
To the extent that restitution is ordered either prior to or
subsequent to the making of an award by the Office of Victims'
Services, the restitution shall be paid to the Commonwealth to
the extent of the award by the Office of Victims' Services.
§ 9303. Penalty.
An individual who asserts a false claim under Chapter 87
(relating to compensation) commits a misdemeanor of the third
degree and shall, upon conviction, forfeit any benefit and
reimburse and repay the Commonwealth for payments received or
paid on the individual's behalf under Chapter 87.
CHAPTER 95
MISCELLANEOUS PROVISIONS
Sec.
9501. Effect on legal actions.
§ 9501. Effect on legal actions.
Nothing in Chapters 75 (relating to victim advocate), 82
(relating to crime victims), 83 (relating to administration),
and 89 (relating to services) creates a cause of action or
defense in favor of any person arising out of the failure to
comply with any of these chapters.
Section 11. Sections 4104(e)(5) and (j), 4301, 4503,
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6134.1(d) and 6308(c) of Title 61 are amended to read:
§ 4104. Referral to State intermediate punishment program.
* * *
(e) Resentencing.--The department may make a written request
to the sentencing court that an offender who is otherwise
eligible but has not been referred for evaluation or originally
sentenced to State intermediate punishment be sentenced to State
intermediate punishment. The court may resentence the offender
to State intermediate punishment if all of the following apply:
* * *
(5) The court has otherwise complied with all other
requirements for the imposition of sentence including victim
notification under [the act of November 24, 1998 (P.L.882,
No. 111), known as the Crime Victims Act] 44 Pa.C.S. Pt. V
(relating to victim services).
* * *
(j) Definitions.--As used in this section, the term
"personal injury crime" shall be defined as in [section 103 of
the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act] 44 Pa.C.S. § 8103 (relating to definitions).
§ 4301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Victim." The term shall have the same meaning given to it
in [section 103 of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act] 44 Pa.C.S. § 8103
(relating to definitions).
"Victim advocate." The victim advocate within the
Pennsylvania Board of Probation and Parole.
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§ 4503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." The trial judge exercising sentencing jurisdiction
over an eligible offender under this chapter or the president
judge or the president judge's designee if the original trial
judge is no longer serving as a judge of the sentencing court.
"Defendant." An individual charged with a criminal offense.
"Eligible offender." A defendant or inmate convicted of a
criminal offense who will be committed to the custody of the
department and who meets all of the following eligibility
requirements:
(1) Does not demonstrate a history of present or past
violent behavior.
(2) Has not been subject to a sentence the calculation
of which includes an enhancement for the use of a deadly
weapon as defined under law or the sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing or
the attorney for the Commonwealth has not demonstrated that
the defendant has been found guilty of or was convicted of an
offense involving a deadly weapon or offense under 18 Pa.C.S.
Ch. 61 (relating to firearms and other dangerous articles) or
the equivalent offense under the laws of the United States or
one of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
(3) Has not been found guilty of or previously convicted
of or adjudicated delinquent for or an attempt or conspiracy
to commit a personal injury crime as defined under [section
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103 of the act of November 24, 1998 (P.L.882, No.111), known
as the Crime Victims Act] 44 Pa.C.S. § 8103 (relating to
definitions), except for an offense under 18 Pa.C.S. § 2701
(relating to simple assault) when the offense is a
misdemeanor of the third degree, or an equivalent offense
under the laws of the United States or one of its territories
or possessions, another state, the District of Columbia, the
Commonwealth of Puerto Rico or a foreign nation.
(4) Has not been found guilty or previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet
child pornography).
Received a criminal sentence pursuant to 42 Pa.C.S. §
9712.1 (relating to sentences for certain drug offenses
committed with firearms).
Any offense for which registration is required under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
(5) Is not awaiting trial or sentencing for additional
criminal charges, if a conviction or sentence on the
additional charges would cause the defendant to become
ineligible under this definition.
(6) Has not been found guilty or previously convicted of
violating section 13(a)(14), (30) or (37) of the act of April
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14, 1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, where the sentence was imposed
pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii),
(4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking
sentencing and penalties).
"Program plan." An individualized plan recommended by the
department that contains approved treatment and other approved
programs designed to reduce recidivism risk of a specific
inmate.
§ 6134.1. General criteria for parole by court.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Personal injury crime." The term shall have the meaning
[set forth in section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act] specified in
44 Pa.C.S. § 8103 (relating to definitions).
"Victim." The term shall mean, in addition to the meaning
[set forth in section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act] specified in
44 Pa.C.S. § 8103 (relating to definitions), a member of the
victim's family if the victim is incapable of communicating or
has died.
§ 6308. County Probation Officers' Firearm Education and
Training Fund.
* * *
(c) Other moneys to be used.--In addition to payment of
training expenses as prescribed under subsection (b), training
expenses may also be paid out of the county offender supervision
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fund under [section 1102 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act,] 44 Pa.C.S. §
9102 (relating to costs for offender supervision programs) or
any other county fund.
* * *
Section 12. The addition of 44 Pa.C.S. Ch. 31 is a
continuation of the act of November 22, 1978 (P.L.1166, No.274),
referred to as the Pennsylvania Commission on Crime and
Delinquency Law. The following apply:
(1) Except as otherwise provided in 44 Pa.C.S. Ch. 31,
all activities initiated under the Pennsylvania Commission on
Crime and Delinquency Law shall continue and remain in full
force and effect and may be completed under 44 Pa.C.S. Ch.
31. Resolutions, orders, regulations, rules and decisions
which were made under the Pennsylvania Commission on Crime
and Delinquency Law and which are in effect on the effective
date of this section shall remain in full force and effect
until revoked, vacated or modified under 44 Pa.C.S. Ch. 31.
Contracts, obligations and agreements entered into under the
Pennsylvania Commission on Crime and Delinquency Law are not
affected nor impaired by the repeal of the Pennsylvania
Commission on Crime and Delinquency Law.
(2) Except as specified in paragraphs (3) and (4), any
difference in language between 44 Pa.C.S. Ch. 31 and the
Pennsylvania Commission on Crime and Delinquency Law is
intended only to conform to the style of the Pennsylvania
Consolidated Statutes and is not intended to change or affect
the legislative intent, judicial construction or
administrative interpretation and implementation of the
Pennsylvania Commission on Crime and Delinquency Law.
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(3) Paragraph (2) does not apply to 44 Pa.C.S. § 3102(b)
(6), (8) and (19).
(4) The following provisions of the Pennsylvania
Commission on Crime and Delinquency Law are obsolete and
excluded from the addition of 44 Pa.C.S. Ch. 31:
(i) The definition of "targeted community" in
section 1 of the act.
(ii) Sections 3(6.3), (8) and (17), 4(2) and (7), 8,
10 and 11 of the act.
(5) A reference in any other act or regulation to the
Pennsylvania Commission on Crime and Delinquency Law shall be
deemed to be a reference to 44 Pa.C.S. Ch. 31.
Section 13. The addition of 44 Pa.C.S. Ch. 73 Subch. C is a
continuation of the act of February 9, 1984 (P.L.3, No.2), known
as the Sheriff and Deputy Sheriff Education and Training Act.
The following apply:
(1) Except as otherwise provided in 44 Pa.C.S. Ch. 73
Subch. C, all activities initiated under the Sheriff and
Deputy Sheriff Education and Training Act shall continue and
remain in full force and effect and may be completed under 44
Pa.C.S. Ch. 73 Subch. C. Resolutions, orders, regulations,
rules and decisions which were made under the Sheriff and
Deputy Sheriff Education and Training Act and which are in
effect on the effective date of this section shall remain in
full force and effect until revoked, vacated or modified
under 44 Pa.C.S. Ch. 73 Subch. C. Contracts, obligations and
agreements entered into under the Sheriff and Deputy Sheriff
Education and Training Act are not affected nor impaired by
the repeal of the Sheriff and Deputy Sheriff Education and
Training Act.
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(2) Except as specified in paragraph (3), any difference
in language between 44 Pa.C.S. Ch. 73 Subch. C and the
Sheriff and Deputy Sheriff Education and Training Act is
intended only to conform to the style of the Pennsylvania
Consolidated Statutes and is not intended to change or affect
the legislative intent, judicial construction or
administrative interpretation and implementation of the
Sheriff and Deputy Sheriff Education and Training Act.
(3) The following provisions of the Sheriff and Deputy
Sheriff Education and Training Act are obsolete and excluded
from the addition of 44 Pa.C.S. Ch. 73 Subch. C:
(i) The exception for appointments upon the
effective date of the act under the first sentence of
section 3(c) and the first sentence of subsection (h) of
the act.
(ii) Section 7(a) under the first sentence of
subsection (c) of the act.
(iii) Section 8(b)(1) and (2) and (b.1)(1) and (2)
of the act.
(4) A reference in any other act or regulation to the
Sheriff and Deputy Sheriff Education and Training Act shall
be deemed to be a reference to 44 Pa.C.S. Ch. 73 Subch. C.
Section 14. The addition of 44 Pa.C.S. Chapter 75 and Part V
is a continuation of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act. The following apply:
(1) Except as otherwise provided in 44 Pa.C.S. Ch. 75
and Part V, all activities initiated under the Crime Victims
Act shall continue and remain in full force and effect and
may be completed under 44 Pa.C.S. Ch. 75 and Part V, as
applicable. Resolutions, orders, regulations, rules and
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decisions which were made under the Crime Victims Act and
which are in effect on the effective date of this section
shall remain in full force and effect until revoked, vacated
or modified under 44 Pa.C.S. Ch. 75 and Part V, as
applicable. Contracts, obligations and agreements entered
into under the Crime Victims Act are not affected nor
impaired by the repeal of the Crime Victims Act.
(2) Any difference in language between 44 Pa.C.S. Ch. 75
and Part V and the Crime Victims Act is intended only to
conform to the style of the Pennsylvania Consolidated
Statutes and is not intended to change or affect the
legislative intent, judicial construction or administrative
interpretation and implementation of the Crime Victims Act.
(3) A reference in any other act or regulation to the
Crime Victims Act shall be deemed to be a reference to 44
Pa.C.S. Ch. 75 and Part V, as applicable.
Section 15. Repeals are as follows:
(1) The General Assembly finds that the repeals under
paragraph (2) are necessary to effectuate this act.
(2) The following acts and parts of acts are repealed to
the extent specified:
(i) The act of November 22, 1978 (P.L.1166, No.274),
referred to as the Pennsylvania Commission on Crime and
Delinquency Law, is repealed.
(ii) The act of February 9, 1984 (P.L.3, No.2),
known as the Sheriff and Deputy Sheriff Education and
Training Act, is repealed.
(iii) The act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act, is repealed.
(iv) The act of December 21, 1998 (P.L.1187,
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No.152), known as the Senior Citizen Advisory Committee
Act, is repealed.
Section 16. This act shall take effect in 60 days.
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