VICTIM/WITNESS ASSISTANCE GUIDE RIGHTS AND SERVICES AVAILABLE TO VICTIMS OF CRIME IN PENNSYLVANIA NOTES INCIDENT INVESTIGATION INFORMATION

Similar documents
CITY OF TITUSVILLE POLICE DEPARTMENT 1100 John Glenn Boulevard Titusville, Florida (321)

A Victim s Guide to the Criminal Justice System

Charlotte County Sheriff s Office

1 in 3. Understanding Victims Rights in South Carolina. South Carolina Facts 8/19/2015

ALABAMA VICTIMS RIGHTS LAWS1

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

IDAHO VICTIMS RIGHTS LAWS¹

RIGHTS OF CRIME VICTIMS in CONNECTICUT

MISSOURI VICTIMS RIGHTS LAWS¹

Juvenile Scripts SCRIPT FOR DETENTION HEARING...2 SCRIPT FOR AN ADJUDICATION HEARING IN WHICH THE RESPONDENT PLEADS TRUE...7

A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 4.14

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

LEGAL RIGHTS CRIME VICTIMS IN OREGON FOR. Hardy Myers Attorney General Department of Justice. State of Oregon

PUBLIC LAW NO H. B. NO , HS1, SD1 AN ACT

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

Victims Rights and Support Act 2013 No 37

CERTIFICATION PROCEEDING

STATUTORY COMPILATION PRESENCE OF VICTIM ADVOCATE IN SEXUAL ASSAULT EXAM CURRENT AS OF MARCH 2011

Office of Budget and Management

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY

Senate Bill No. 361 Senators Cannizzaro, Segerblom, Manendo, Ratti, Farley; Atkinson, Cancela, Denis, Ford, Parks, Spearman and Woodhouse

Number August 31, 2017 IMMEDIATE POLICY CHANGE GJ-14, VICTIMS BILL OF RIGHTS DO-1, INTAKE PROCESS

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

Dear Prospective Applicant:

NC General Statutes - Chapter 15A Article 46 1

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

MINNESOTA. Chapter Title: DOMESTIC ABUSE Section: 518B.01. As used in this section, the following terms shall have the meanings given them:

POLICY AND PROGRAM REPORT

Superior Court of Washington For Pierce County

Municipal Police Officers' Training Academy Application

Colorado Legislative Council Staff

TABLE OF CONTENTS. SOUTHERN UTE INDIAN TRIBAL CODE Title 28 EXPUNGEMENT CODE

The Rights of Crime Victims in Colorado. The Role and Responsibilities of a Law Enforcement Agency

To obtain additional copies of this document, or to ask how to contact Victim Services in your area, contact:

A Victim s Guide to Understanding the Criminal Justice System

A VICTIM S GUIDE to the D.C. CRIMINAL JUSTICE SYSTEM

ALLEGAN COUNTY PROSECUTING ATTORNEY

OFFICE OF THE ATTORNEY GENERAL CRIME VICTIM SERVICES DIVISION APPLICATION FOR TEXAS CRIME VICTIMS COMPENSATION

An Assistance Program For Crime Victims and Their Families. National Domestic Violence Hotline (800) (SAFE)

ALLEGAN COUNTY PROSECUTING ATTORNEY

VICTIM &WITNESS ASSISTANCE GUIDE

Bedford County Local Rules

The Rights of Crime Victims in New York State

The Criminal Justice System: From Charges to Sentencing

STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT 42 Pa.C.S et seq.

KITSAP COUNTY DISTRICT COURT, STATE OF WASHINGTON

The Family Court Process for Children Charged with Criminal and Status Offenses

ELDERLY PERSONS AND PERSONS WITH DISABILITIES ABUSE PREVENTION ACT INSTRUCTIONS AND FORMS FOR OBTAINING A RESTRAINING ORDER PACKET E1

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Crimes (Sentencing Procedure) Act 1999 No 92

G.S. 15A Page 1

Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information

FEDERAL STATUTES. 10 USC 921 Article Larceny and wrongful appropriation

285 LAWS OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES, CODIFIED

SECTION 1 LAW ENFORCEMENT EMERGENCY SERVICES AND

Important Definitions

ARD/DUI EXPUNGEMENT ACT 122 AND 151

Policy 5.11 ARREST PROCEDURES

Supreme Court of Virginia CHART OF ALLOWANCES

Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation

CHAPTER Committee Substitute for Senate Bill No. 1282

Urbana Police Department. Policy Manual

Application for the Northampton County Treatment Continuum Alternative to Prison (TCAP)

No AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

HB3010 Enrolled LRB RLC b

Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining

DBHS Practice Protocol Rights of victims of assault in behavioral health facilities

Transition to the Criminal Injuries Compensation Act of This chapter may be cited as the "Criminal Injuries Compensation Act.

Proposed Amendments to Pa.Rs.Crim.P. 403, 407, 408, 412, 413, 422, 423, 430, 454, 455, and 456 INTRODUCTION

HOUSE BILL No December 14, 2005, Introduced by Rep. Condino and referred to the Committee on Judiciary.

DELAWARE COUNTY YOUNG OFFENDER PROGRAM APPLICATION DELAWARE COUNTY COURTHOUSE MEDIA, PENNSYLVANIA 19063

TO: All Article 19-A Motor Carriers and Certified Examiners. SUBJECT: Chapter 189 of the Laws of New Disqualification for School Bus Drivers

VICTIM &WITNESS ASSISTANCE GUIDE

STATE OF NEW JERSEY. SENATE, No SENATE LAW AND PUBLIC SAFETY COMMITTEE STATEMENT TO. with committee amendments DATED: MARCH 12, 2015

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.

Indicate the answer choice that best completes the statement or answers the question.

House Substitute for SENATE BILL No. 101

Chapter 13 Court Response to Intimate Partner Violence. Dr. Babcock

PETITION FOR CONTEMPT OF A CUSTODY ORDER

Victims Rights Education Project Victims Rights Handbook

PART A. Instituting Proceedings

Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION

77th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 2549

CRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS. February 2017

WYOMING VICTIMS RIGHTS LAWS¹

CSO CERTIFICATION. Legal Liabilities: Relevant Citations. Texas Department of Criminal Justice Community Justice Assistance Division

CHAPTER 30 FAMILY VIOLENCE

A message from Sheriff Scotty Rhoden:

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

Assisting Victims of Crime

General District Courts

No An act relating to jurisdiction of delinquency proceedings. (H.751) It is hereby enacted by the General Assembly of the State of Vermont:

Title 204. Judicial System General Provisions Part VIII Criminal Sentencing Chapter 303. Sentencing Guidelines

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

As Introduced. 132nd General Assembly Regular Session S. B. No

WHITE EARTH NATION DOMESTIC VIOLENCE CODE TITLE 18 CHAPTER ONE PURPOSE, JURISDICTION AND DEFINITIONS

NC General Statutes - Chapter 15A Article 81B 1

The Canadian Victims Bill of Rights Information for Victim Services

Transcription:

NOTES VICTIM/WITNESS ASSISTANCE GUIDE RIGHTS AND SERVICES AVAILABLE TO VICTIMS OF CRIME IN PENNSYLVANIA INCIDENT INVESTIGATION INFORMATION Incident No. Date: Nature of Incident: Investigator: Badge No. Station: Telephone No. Should you obtain any information which would aid or relate to an investigation, if you have been intimidated or threatened as a result of an investigation, or if you have any questions, please contact the station at the telephone number above

INTRODUCTION NOTES The Victim/Witness Assistance Guide was designed to ensure that victim/witnesses are informed of their rights and of social services available to them. The Pennsylvania State Police recognizes the importance of treating victims/witnesses with fairness, compassion, and dignity. This guide will enable victims to become more knowledgeable to the laws relating to domestic violence. It also makes reference to the crimes relating to intimidation and retaliation; the procedures relating to prosecution in criminal court cases; and the availability of additional assistance/services, if required, as it pertains to victims/witnesses. Successful prosecution of a criminal court case is primarily reliant upon the cooperation of the victim/witness. Success of the judicial system is largely dependent upon maintaining a rapport between law enforcement authorities and the concerned citizens of Pennsylvania. VICTIM S RESPONSIBILITY In order for you to receive information and/or notice on matters concerning your case, you must provide a valid address and telephone number to the requesting agency. You are also responsible for providing timely notice of any changes in that information. The information you provide is confidential and may not be disclosed to any person other than a representative of a law enforcement agency, prosecutor s office, or corrections agency without your written prior consent. The victim s responsibility falls to the parent or legal guardian for child victims and to a surviving family member in the case of a homicide.

VICTIM/WITNESS ASSISTANCE PROGRAMS Victim/Witness Assistance Programs exist in nearly every Pennsylvania County. These programs are generally housed with and come under the direction of the District Attorney s Office. The Victim/Witness Assistance Programs endeavor to provide extended victim and witness assistance. The extent of assistance may vary between programs. Available services could include assistance with: Obtaining related social services. Crime victim compensation. Crime victim restitution. Crime victim advocacy. Crime victim impact statements. Court orientation and preparation. Input to disposition and release decisions. Notification of case status. Notification of offender release or escape (available through PA-SAVIN ). Return of property used as evidence. Intimidation protection. Accompaniment to proceedings. For more information about the services available though your local Victim/Witness Assistance Program, please call the number listed under Victim/Witness Assistance. For more information on PA-SAVIN, visit the website www.pacrimevictim.state.pa.us and click on PA-SAVIN, or call the Office of the Victim Advocate at 1-00-322-4472. VICTIM/WITNESS SERVICES INDIANA COUNTY POLICE AGENCIES Blairsville Borough PD 724-459-7555 Cherry Tree Borough PD 814-743-5356 Clymer Borough PD 724-254-0714 Homer City PD 724-479-9190 Indiana Borough PD 724-349-2121 IUP Police Dept 724-357-0200 Saltsburg Borough PD 724-639-9413 Sheriff 724-465-3930 Indiana County Jail 724-471-7500 Indiana PSP 724-357-1960 Greensburg PSP 724-832-3288 Kittanning PSP 724-543-2011 Punxsutawney PSP 814-938-0510 Punxsutawney LCE 814-938-0565 Ebensburg PSP 814-471-6500 Social service organizations which provide extended assistance to victims and witnesses exist in nearly every county. If these services exist in your area, the telephone number may be obtained from the blue or yellow pages of your telephone directory. Agencies That Can Assist You are also listed on the next page.

AGENCIES THAT CAN ASSIST YOU Victim/Witness Assistance Information on victims rights and services in the criminal justice system and community; DISTRICT ATTORNEY S OFFICE 724-465-3835 Domestic Violence Legal advocacy, counseling, shelter and other assistance; ALICE PAUL HOUSE 724-349-4444 800-435-7249 Sexual Assault Counseling, advocacy and services for adult and child sexual assault victims; ALICE PAUL HOUSE 724-349-4444 800-435-7249 CHILDREN & YOUTH 724-465-3895 800-932-0313 Drunk Driving Counseling, advocacy and services for victims of drunk drivers OPEN DOOR 724-465-2605 Child Abuse Counseling, information and referral service for abused and neglected children; CHILDREN & YOUTH 724-465-3895 800-932-0313 Elder Abuse Counseling, shelter and protective services for victims age 60 and over; AGING SERVICES 800-422-8016 DOMESTIC VOLENCE VICTIMS If you are a victim of domestic violence, you have the right to go to Court and file a petition requesting a Protection From Abuse Order which could include the following: An Order restraining the abuser from further acts of abuse; An Order directing the abuser to leave your household; An Order preventing the abuser from entering your residence, school, business, or place of employment; An Order awarding you or the other parent temporary custody of, or temporary visitation with, your child or children; An Order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so; An Order directing the abuser to refrain from stalking or harassing you or other designated persons. If you are a victim of domestic violence, sexual assault, or stalking, you may be eligible to enroll in the Address Confidentiality Program (ACP). To apply or learn more about the program, contact a representative from the Domestic Violence or Sexual Assault Programs listed on page 5, or the Office of the Victim Advocate at 1-800-563-6399.

FILING A CLAIM FORM DOES NOT MEAN A CLAIM WILL BE PAID. Pursuant to Title 18, Crimes Code, Section 11.212, the notification and accompanying Victims Compensation Program Claim Form provides for the following: If you have sustained injury as a direct result of a crime, including drunk driving, or are legally dependent for support upon a person who has sustained physical injury or death as a direct result of a crime or, in the event of a death caused by a crime you have legally assumed or voluntarily paid the medical or burial expenses incurred as a direct result thereof, or if you have sustained a loss of a primary source of income, you may qualify for indemnification by the Commonwealth of Pennsylvania for the out-of-pocket wages, other out-of-pocket losses and medical or burial expenses which you have incurred as a result of the crime. Claims must be filed with the Bureau of Victims Services for the Commonwealth of Pennsylvania. For further information regarding this program, please contact: PENNSYLVANIA COMMISSION ON CRIM AND DELINQUENCY BUREAU OF VICTIMS SERVICES, VICTIMS COMPENSATION DIVISION Harristown Building #2, Lobby Level 333 Market Street Harrisburg, Pennsylvania 17101 Toll Free in PA 1/800-233-2339 www.pacrimevictims.state.pa.us OR The local Victim/Witness Agencies provided in the guide. CRIME VICTIMS COMPENSATION You may be eligible for compensation if you or a family member are the innocent victim of a crime in Pennsylvania, or are hurt trying to prevent a crime or trying to apprehend a suspected criminal. TO BE ELIGIBLE, THE FOLLOWING CONDITIONS APPLY: 1. The crime must be reported to the authorities within 72 hours of its occurrence, unless good cause is shown. 2. The victim must be willing to cooperate with law enforcement agencies and the Courts. 3. The claim must be filed within one year from the date of the crime or the death of a victim. The filing time may be extended to two years from such date, provided that good cause is shown. In cases of child abuse, filing may be extended to five years after the crime was committed, provided the victim was under 18 years of age at the time of occurrence and if the offender is a parent, a paramour of a parent, or any individual residing in the household, or someone charged with the welfare of the child, e.g., babysitter. 4. The victim did not provoke the incident and was not engaged in illegal activity. 5. The minimum loss requirements are met. Important: The statute provides that, absent certain extenuating circumstances, a claimant has one year from the date of the crime to file a claim with the Bureau of Victims Services.

COMPENSATION MIGHT PAY FOR CASH LOSS OF BENEFITS If Social Security, pension/retirement, disability, veteran s retirement, or court-ordered child/spousal support is the main source of income the loss occurs through robbery or fraud, you may be compensated for your loss. COUNSELING In cases of murder, payment is extended to surviving spouse, children, parents or siblings who, at the time of the crime incident, lived in the same house with the deceased victim. In other crimes, compensation for counseling covers only the victim. FUNERAL EXPENSES If you paid or are liable to pay the funeral bill for a deceased victim you may be compensated for your loss, within certain limits. LOSS OF EARNING OR SUPPORT If deprived of earnings as a result of injuries received in a crime incident, you may be paid for such loss provided all requirements are met. If deprived of support due to the death of a victim as a result of a crime incident, you may be eligible for compensation. MEDICAL EXPENSES Uninsured medical or other non- reimbursable expenses related to the injury (include some transportation costs, home health care, medication, and eyeglasses, canes, prosthetic devices necessary as a result of a crime). COMPENSATION WILL NOT PAY FOR Pain and suffering, Stolen or damaged property, Auto related injuries, unless inflicted in a DUI crash or by a vehicle used as a weapon. If under age 60 If over age 60 - MINIMUM LOSS REQUIREMENTS A minimum of $100 total qualifying out-ofpocket expenses. No minimum out-of-pocket loss required. MAXIMIUM AWARDS $20,000 Loss of support in case of death $15,000 Loss of earnings $ 2,000 Funeral and interment (some additional funeral expenses may be considered). $35,000 Total award allowed. An emergency award up to $1,000. For information concerning special emergency circumstances, please contact the Pennsylvania Commission on Crime and Delinquency at the address or toll-free number provided on page 6. CLAIM FORMS To obtain additional claim forms: Write or telephone the Pennsylvania Commission on Crime and Delinquency, Bureau of Victims Services, Victims Compensation Division. Visit the website at www.pacrimvictims.state.pa.us and click on Financial Help. Stop at your nearest Pennsylvania State Police installation to obtain a claim form.

DEFINITIONS CRIME Any act which is a crime under Title 18, Crimes Code, The Controlled Substance, Drug, Device & Cosmetic Act, DUI by motor vehicle or watercraft, or federal law. INJURY Any 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 such crime. Compensation for medical damages shall be limited to expenses incurred for necessary psychological or physiatric services. INTERVENOR A person who goes to the aid of another and suffers physical or mental injury or death as a direct result of a crime or to lawfully apprehend a person reasonably suspected of having committed such crime, or to aid the victim of such crime. VICTIM An innocent person against whom a crime has been committed and who, as a direct result thereof, suffers physical or mental injury, death, or loss of earnings as defined. As a victim of crime in Pennsylvania you have the following rights: To receive basic information concerning the services to assist you; To be notified of certain significant actions and proceedings pertaining to your case, including, in personal injury crimes, the arrest of the suspect and escape from police custody; To be accompanied at all public criminal proceedings by a family member, a victim advocate, or another person; In cases of personal injury crimes, burglary or driving under the influence involving bodily injury, to submit prior comment to the prosecutor s office on the potential reduction or dropping of any charge or changing of a plea; To offer prior comment to or submit a written victim impact statement for the judge s consideration at sentencing; To recover your losses, to the extent possible, through restitution, compensation through the crime victim s compensation program and the return of property which was seized as evidence when it is no longer needed by the prosecutor; In personal injury crimes where the offender is sentenced to a state prison, to provide prior comment on and to receive notice of release decisions, and to be immediately notified if the offender escapes; To receive immediate notice of the release of the offender on bail from a local correctional facility when the offender ether violates a protection from abuse order or commits a personal injury crime against a victim protected by the order; To receive notice when an offender is committed to a mental health facility from a state prison and of the discharge, transfer, or escape of the offender from the mental health facility; and To have assistance in the preparation of, submission of, and follow-up on the financial assistance claims to the Crime Victim s Compensation Board.

SUMMARY OF CRIMINAL PROCEDURES When a crime is reported, a police investigation is initiated. If the suspect us under 18 years of age, the case will be processed through the juvenile system. If the suspect is 18 years of age or older and is not arrested, the police investigation may eventually be terminated. When a Complaint is filed and an arrest occurs, the suspect is now referred to as the Defendant. A preliminary hearing is scheduled and held before a District Justice, during which time the victim/witness will be required to testify. The Defendant s guilt is not determined at the preliminary hearing. The District Judge decides to dismiss the case for insufficient evidence/testimony or other legal reasons; or rules that sufficient evidence/testimony has been presented, and binds the case over to Common Pleas Court. At the Common Pleas Court, a trial date is set. If the Defendant pleads guilty, then the Defendant is sentenced and may be ordered to pay restitution. Sentencing imposed may be fine, probation or incarceration. If the Defendant pleads not guilty, then a trial by Judge or jury is selected. Evidence/testimony will be presented again during the trial. The victim/witness may be required to testify. If the verdict is not guilty, the case is dismissed. If the verdict is guilty, then there may be a post-verdict motion. The Defendant is sentenced and may be ordered to pay restitution. Sentencing imposed may be fines, probation and/or incarceration. The Defendant may also be offered Accelerated Rehabilitative Disposition (ARD). When ARD is offered, innocence or guilt is not determined; however, a probationary period is established and the Defendant may be ordered to pay restitution. Once a final disposition has been made in a criminal court case, police involvement is terminated. For a further orientation to criminal procedures, please contact the Victim/Witness Assistance Program.