VICTIM ADVOCATE LAW - REPEALED — 1995 Pa. Act 8 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 2, 57, 111 PRINTER'S NO. 112
INTRODUCED BY PICCOLA, BLAUM, M. COHEN, REBER, LYNCH, BOYES,
BROWN, BARD, MAITLAND, HABAY, M. N. WRIGHT, SEMMEL, PETTIT,
MAJOR, BAKER, ARGALL, PHILLIPS, MILLER, FARMER, LEH, HESS,
DEMPSEY, STISH, L. I. COHEN, PITTS, HUTCHINSON, FEESE,
DiGIROLAMO, B. SMITH, BARLEY, STEIL, SCHRODER, RUBLEY,
SATHER, HERSHEY, NAILOR, CIVERA, FAIRCHILD, MARSICO, SAYLOR,
D. W. SNYDER, BIRMELIN, MERRY, STERN, GRUPPO, HARHART,
ADOLPH, CLARK, E. Z. TAYLOR, DENT, REINARD, NYCE, ALLEN,
BUNT, KING, TRUE, FLEAGLE, PERZEL, ZUG, KELLER, BUTKOVITZ,
LEDERER, WOZNIAK, CHADWICK, GLADECK, FLICK, FARGO, RYAN,
DeLUCA, GIGLIOTTI, COY, GEORGE, PLATTS, COLAIZZO, SAINATO,
CURRY, TANGRETTI, GORDNER, BATTISTO, GAMBLE, SURRA, TRELLO,
COWELL, DeWEESE, BUXTON, TRAVAGLIO, WAUGH, MASLAND, GRUITZA,
GODSHALL, McGEEHAN, FAJT, STRITTMATTER, PETRARCA, LEVDANSKY,
BROWNE, WALKO, BOSCOLA AND BELFANTI, JANUARY 24, 1995
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MARCH 7, 1995
AN ACT
1 Creating the Office of Victim Advocate.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Victim
6 Advocate Law.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
1 "Board." The Pennsylvania Board of Probation and Parole.
2 "Department." The Department of Corrections of the
3 Commonwealth.
4 "FAMILY." THE TERM SHALL HAVE THE MEANING GIVEN TO IT IN <--
5 SECTION 479.1 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
6 KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
7 "Office." The Office of Victim Advocate within the
8 Pennsylvania Board of Probation and Parole.
9 "Victim." The term shall have the meaning given to it in
10 section 479.1 of the act of April 9, 1929 (P.L.177, No.175),
11 known as The Administrative Code of 1929.
12 "Victim advocate." The victim advocate in the Office of
13 Victim Advocate within the Pennsylvania Board of Probation and
14 Parole.
15 Section 3. Office of Victim Advocate.
16 (a) Establishment.--There is hereby established within the
17 board the Office of Victim Advocate to represent the interests
18 of crime victims before the board or department. The office
19 shall operate under the direction of the victim advocate as
20 provided in this section.
21 (b) Appointment.--The victim advocate shall be an individual
22 who, by reason of training and experience, is qualified to
23 represent the interests of individual crime victims before the
24 board. The victim advocate shall be appointed by the Governor,
25 by and with the advice and consent of a majority of all of the <--
26 members of the Senate, and shall hold office for a term of six
27 years, or AND until his A successor shall have been duly <--
28 appointed and qualified, but in no event more than 90 days
29 beyond the expiration of the appointed term. A vacancy occurring
30 by expiration of term, death, resignation, removal or for any
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1 other reasons shall be filled in the manner provided by section
2 8 of Article IV of the Constitution of Pennsylvania for the
3 remainder of the term. Whenever the victim advocate's term
4 expires, that position shall be immediately deemed a vacancy and
5 the Governor shall nominate a person to fill that position
6 within 90 days of the date of expiration, even if the victim
7 advocate continues to remain on the board IN OFFICE. To be <--
8 eligible to be appointed by the Governor as victim advocate, an
9 individual shall have at least six years of professional
10 experience in victim advocacy, social work or related areas,
11 including one year in a supervisory or administrative capacity,
12 and a bachelor's degree. Any equivalent combination of
13 experience and training shall be acceptable. Compensation shall
14 be set by the Executive Board of the Commonwealth as defined by
15 the act of April 9, 1929 (P.L.177, No.175), known as The
16 Administrative Code of 1929.
17 (c) Service and employees.--The victim advocate shall
18 operate from the central office of the board with such clerical,
19 technical and professional staff as may be available within the
20 budget of the board. The compensation of employees of the office
21 shall be set by the Executive Board.
22 Section 4. Powers and duties of victim advocate.
23 In addition to any other authority conferred by this act or
24 any other law, the victim advocate is authorized, and it shall
25 be the victim advocate's duty, to represent the interests of
26 individual crime victims before the board, department or hearing
27 examiner. The victim advocate shall supervise the victim
28 notification duties presently conducted by the board. In
29 addition, the victim advocate shall assist in and coordinate the
30 preparation of oral testimony by the crime victims or the
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1 submission of written comments by crime victims prior to a
2 release decision and shall represent the interests of a crime
3 victim under section 6. The victim advocate shall act as a
4 liaison with the victim notification program director in the
5 department to coordinate victim notification and services for
6 the department and the board. The victim advocate is authorized
7 to address the interests of all victims before the board,
8 department or hearing examiner, concerning any issues determined
9 appropriate by the victim advocate.
10 Section 5. Pre-parole notification to victim.
11 (a) Persons to be notified.--No later than 90 days prior to
12 the parole date of an offender, the victim advocate shall notify
13 the enrolled victim of the offense for which the offender was
14 sentenced, the parent or legal guardian of a victim who is a
15 minor or a member of the family, as defined in section 479.1 of <--
16 the act of April 9, 1929 (P.L.177, No.175), known as The
17 Administrative Code of 1929, where the victim is incapable of
18 communicating or has died, and provide the appropriate person
19 with an opportunity to submit a statement expressing concerns or
20 recommendations regarding the parole or parole supervision of
21 the offender.
22 (b) Enrollment in program.--Each victim or member of the
23 family shall be responsible for notifying the victim advocate of
24 the victim's or FAMILY member's intent to submit a statement <--
25 regarding the parole or parole supervision of the offender. The
26 notice shall include a mailing address or change of address
27 notification.
28 (c) Procedure.--The victim advocate shall notify the person
29 at his THE PERSON'S last known mailing address. The person shall <--
30 submit the statement to the victim advocate within 30 days of
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1 the date of notice. The statement shall be considered by the
2 board during preparation of the parole plan.
3 Section 6. Petitions to deny parole upon expiration of minimum
4 sentence.
5 Upon the request of the victim of a crime who has notified
6 the board in writing of the victim's desire to have input and
7 make comment prior to a parole release decision, the victim
8 advocate shall either petition the board as to the special
9 conditions of release which may be imposed or that the offender
10 not be paroled based upon the statement that the victim
11 submitted under section 5. The victim or the victim's
12 representative shall be permitted to appear in person before the
13 board or hearing examiner. The testimony of a victim before the
14 board shall be confidential, all records maintained by the
15 department and the board pertaining to victims shall be kept
16 separate, and current address, telephone number and any other
17 personal information of the victim and family members shall be
18 deemed confidential. The board may, in its discretion, upon
19 petition and after an interview, order that special conditions
20 of parole be placed upon the offender or the offender not be
21 paroled based upon the continuing effect of the crime on the
22 victim, or may order that the offender not be paroled if the
23 board finds that the offender would pose a risk or danger to the
24 victim or the family of the victim if the offender were released
25 on parole or if the interests of the Commonwealth would
26 otherwise be injured. The board shall notify the victim of its
27 decision prior to a release of the offender. Notwithstanding the
28 provisions of this or any other act of the General Assembly, the
29 Office of the District Attorney of the sentencing county may
30 notify crime victims of any pending release decision and act on
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1 such victim's behalf or on its own initiative to submit comments
2 and represent the interests of a crime victim before the board
3 prior to a release decision.
4 Section 7. Effective date.
5 This act shall take effect in 60 days.
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