Trial Engrossment of Amendment A01207 to Senate Bill 0523 P.N. 0550, Regular Session 2017-2018

A01207

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

523

Session of

2017

INTRODUCED BY GREENLEAF, ARGALL, RESCHENTHALER, MENSCH,

YUDICHAK, FOLMER AND BROWNE, MARCH 16, 2017

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 21, 2017

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," "department" "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.

* * *

"Department." The Department of [Corrections] Criminal

Justice of the Commonwealth.

* * *

"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] board 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.

* * *

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(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

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, a criminal justice

agency 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

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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

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

combination of experience and training shall be acceptable.

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] furnished by the 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.

(d) Procedure for removal.--

(1) The victim advocate may be removed for cause by the

Governor, by and with the advice and consent of a majority of

the members of the Senate.

(2) During a recess of the Senate, the Governor may

suspend the victim advocate for cause, and before suspension,

the Governor shall furnish to the victim advocate a statement

in writing of the reasons for the proposed suspension. The

suspension shall operate and be effective only until the

adjournment of the next session of the Senate following the

suspension.

Section 302. Powers and duties of victim advocate.

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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 coordinate victim

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.--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

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the interests of crime victims.

(5) Except as provided by law or under this section, not

be introduced into evidence in a judicial or administrative

proceeding.

(b) Disclosure restricted.--Except as provided by law, a

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

information 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,

record or other information in an investigation, prosecution or

judicial proceeding enforcing section 1303 or in communicating

with the prosecutor's office regarding restitution.

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

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[board] department with an annual statement which fully reflects

all collections deposited into and expenditures from the

offender supervision fund for the preceding fiscal year. The

[board] department shall promulgate regulations to provide for

the permanent administration of this program.

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

Supervision Fund to be administered by the [board] department

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

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

used to supplement the Federal or State funds appropriated for

the improvement of adult probation services.

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.--

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(1) For offenders under supervision of a county

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

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

supervision of the department, the fee shall automatically

become a part of the supervision conditions as if the court

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

finding that the offender is presently unable to pay.

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

offender is unable to pay based on any of the following

factors:

(i) The offender has diligently attempted but has

been unable to obtain employment that provides the

offender sufficient income to make such payments.

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

college, a university or a course of vocational or

technical training designed to fit the student for

gainful employment.

(iii) The offender has an employment handicap as

determined by an examination acceptable to or ordered by

the court or board.

(iv) The offender's age prevents employment.

(v) The offender is responsible for the support of

dependents, and the payment of the assessment constitutes

an undue hardship on the offender.

(vi) Other extenuating circumstances as determined

by the court or board.

Section 5. This act shall take effect in one year.

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