Regular Session 2019-2020 Senate Bill 0969 P.N. 1939

PRIOR PRINTER'S NO. 1463

PRINTER'S NO. 1939

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

969

Session of

2020

INTRODUCED BY BROWNE, MARTIN, YAW, KILLION, MENSCH AND YUDICHAK,

JANUARY 24, 2020

AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 8, 2020

AN ACT

Amending the act of November 24, 1998 (P.L.882, No.111),

entitled "An act providing for victims' rights; imposing

penalties; establishing remedies; establishing the Office of

Victim Advocate, the Bureau of Victims' Services, the

Victims' Services Advisory Committee, the State Offender

Supervision Fund and other funds; and making repeals," in

preliminary provisions, further providing for definitions; in

crime victims, further providing for responsibilities of

department, local correctional facilities and board; in

administration, further providing for office and for powers

and duties of victim advocate and providing for

confidentiality of records; and, in financial matters,

further providing for costs for offender supervision

programs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "board" and "victim advocate"

in section 103 of the act of November 24, 1998 (P.L.882,

No.111), known as the Crime Victims Act, are amended to read:

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Board." The Pennsylvania [Board of Probation and] Parole

Board.

* * *

"Victim advocate." The victim advocate in the Office of

Victim Advocate within the [Pennsylvania Board of Probation and

Parole] department.

Section 2. Sections 214(a), (b) and (f), 301 and 302 of the

act are amended to read:

Section 214. Responsibilities of department, local correctional

facilities and board.

(a) Forms.--The [department and the] board shall develop

standardized forms regarding victim notification. The form shall

include the address where the form is to be sent. The department

shall develop a [standardized] standard form which may be used

by local correctional facilities. In the case of counties with

victim-witness coordinators, the local correctional facility

shall perform its responsibilities under this section in

cooperation with the county's victim-witness coordinator.

(b) Notice.--If the [department and board have] Office of

Victim Advocate has received notice of a victim's desire to have

input under section 201(7), the appropriate agency shall notify

the victim sufficiently in advance of a pending release decision

to extend an opportunity for prior comment. The local

correctional facility's notice to the victim under section

201(9) shall occur immediately.

* * *

(f) Records.--Records maintained by the department, the

local correctional facility [and], the board and the office

pertaining to victims shall be kept separate. Current address,

telephone number and any other personal information of the

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victim and family members shall be deemed confidential.

* * *

Section 301. Office.

(a) Establishment.--There is established within the [board]

department the Office of Victim Advocate to represent the

interests of crime victims before the board or department. The

office shall operate under the direction of the victim advocate

as provided in this section. The office shall function

independently of the department regarding all of the office's

decision-making functions, as well as any other powers and

duties specified in law.

(b) Appointment.--The victim advocate must be an individual

who by reason of training and experience is qualified to

represent the interests of individual crime victims before the

board. 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. The victim advocate shall hold office for a term of

six years and until a successor shall have been duly appointed

and qualified but in no event more than 90 days beyond the

expiration of the appointed term. 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 that position within 90 days of

the date of expiration even if the victim advocate continues in

office. To be eligible to be appointed by the Governor as victim

advocate, an individual must have at least six years of

professional experience in victim advocacy, social work or

related areas, including one year in a supervisory or

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administrative capacity, and [a bachelor's degree. Any

equivalent combination of experience and training shall be

acceptable] BE A MEMBER OF THE BAR OF THIS COMMONWEALTH.

Compensation shall be set by the Executive Board as defined by

the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

operate from [the central office of the board] office space

provided by the department with such clerical, technical and

professional staff as may be available within the budget of the

[board] department. The compensation of employees of the office

shall be set by the Executive Board. Legal counsel for the

office shall be appointed in accordance with the act of October

15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys

Act.

Section 302. 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 board, department 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 set forth in sections

501(c) and 502 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 502.

(5) [To act as a liaison with the victim notification

program director in the department to] To coordinate victim

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notification and services for the department and the board.

The victim advocate is authorized to address the interests of

all victims before the board, department or hearing examiner

concerning any issues determined appropriate by the victim

advocate.

Section 3. The act is amended by adding a section to read:

Section 303. Confidentiality of records.

(a) General rule.-- Except as provided under this section,

each report, record or other information in the possession of or

maintained by the office, including the home addresses of

employees of the office, shall:

(1) Be confidential and privileged.

(2) Not be subject to subpoena or discovery.

(3) Not be subject to the provisions of the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law.

(4) Be used for no purpose other than to advocate for

the interests of crime victims.

(5) Except as otherwise provided by law or under this

section, not be introduced into evidence in a judicial or

administrative proceeding.

(b) Disclosure restricted.--Except as otherwise provided by

law, a person who has had access to a report, record or any

other information protected under this section may not 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 victim advocate.

preclude or limit introduction of the contents of a report,

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record or other information in an investigation, prosecution or

judicial proceeding enforcing section 1303 or in communicating

with the prosecutor's office regarding restitution.

(d) Financial records.--A financial record, as defined in

the Right-to-Know Law, which is from or relates to the office

shall be subject to the Right-to-Know Law.

Section 4. Section 1102 of the act is amended to read:

Section 1102. Costs for offender supervision programs.

(a) County fund.--The county treasurer of each county shall

establish and administer a county offender supervision fund

consisting of the fees collected under this section. The county

treasurer shall disperse money from this fund only at the

discretion of the president judge of the court of common pleas.

The money in this fund shall be used to pay the salaries and

employee benefits of all probation and parole personnel employed

by the county probation and parole department and the

operational expenses of that department. Money from this fund

shall be used to supplement Federal, State or county

appropriations for the county adult probation and parole

department. The president judge shall by August 31 provide the

[board] department with an annual statement which fully reflects

all collections deposited into and expenditures from the

offender supervision fund for the preceding fiscal year. The

[board] department shall promulgate regulations to provide for

the permanent administration of this program.

(b) State fund.--There is established a State Offender

Supervision Fund to be administered by the [board] department

and comprised of the supervision fees collected by the [board]

department under this section. The money in this fund shall be

used to supplement the Federal or State funds appropriated for

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the improvement of adult probation services.

supervision a monthly supervision fee of at least $25 on any

offender placed on probation, parole, accelerated rehabilitative

disposition, probation without verdict or intermediate

punishment unless the court finds that the fee should be

reduced, waived or deferred based on the offender's present

inability to pay. Of the fee collected, 50% shall be deposited

into the County Offender Supervision Fund established in each

county pursuant to this section, and the remaining 50% shall be

deposited into the State Offender Supervision Fund established

pursuant to this section.

(d) Board.--The board or the department shall impose as a

condition of supervision a monthly supervision fee of at least

$25 on any offender under the [board's] department's supervision

unless the board finds that such fee should be reduced, waived

or deferred based on the offender's present inability to pay.

All fees collected shall be deposited into the State Offender

Supervision Fund established under subsection (b).

(e) Continuation.--

(1) For offenders under supervision of a county

probation department or the board as of [August 14, 1991] the

day prior to the effective date of this section or under the

supervision of the department, the fee shall automatically

become a part of the supervision conditions as if the court

or board had imposed it unless the court or board makes a

finding that the offender is presently unable to pay.

(2) The court or board may make a finding that the

offender is unable to pay based on any of the following

factors:

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(i) The offender has diligently attempted but has

been unable to obtain employment that provides the

offender sufficient income to make such payments.

(ii) The offender is a student in a school, a

college, a university or a course of vocational or

technical training designed to fit the student for

gainful employment.

(iii) The offender has an employment handicap as

determined by an examination acceptable to or ordered by

the court or board.

(iv) The offender's age prevents employment.

(v) The offender is responsible for the support of

dependents, and the payment of the assessment constitutes

an undue hardship on the offender.

(vi) Other extenuating circumstances as determined

by the court or board.

Section 5. This act shall take effect immediately.

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