Victims Rights from other Pennsylvania Laws:
Victims in the Courtroom
Victims have the right to be present at trials, including murder trials, and the right not to be excluded from the trial if the victim will be providing input at sentencing.
Victims as Witnesses to Offender Execution
Up to four victims have the right to be present at the execution of an offender in their case, providing the victim has registered with and been selected by the Victim Advocate, Office of the Victim Advocate. (PA Act 80-1998)
PA Board of Pardons
If registered with the Office of the Victim Advocate, a victim has the right to be provided by the Board of Pardons the opportunity to offer prior oral or written comment on any application which has been granted a hearing by the board pertaining to their case. The Board of Pardons shall also provide notice of the date, time and place of any hearing pertaining to their case. (71 P.S. 299)
Victims of Domestic Violence
Law enforcement agencies shall provide victims of domestic violence (23 Pa. C.S. 6105)
- oral and written notice of the availability of safe shelter and of domestic violence services in the community, including the hotline number of domestic violence services.
- Written notice that they have the right to file a petition with the court to request an order for protection from domestic abuse. The court may order the abuser to:
- stop any further acts of abuse
- leave the victim's household
- stay away from the victim's home, school or place of employment
- pay support to the victim and any minor child that the abuser owes a duty of support, and
- the court may give temporary custody or temporary visitation of minor children.
Law enforcement agencies must also provide victims of domestic violence who are protected by a protection from abuse order
- Notification of the arrest of the defendant for violation of that order as soon as possible. As long as the protected person can be located, the notice shall be provided not more than 24 hours after preliminary arraignment.
Also in cases of domestic violence
- the person asking for a protection from abuse order cannot be charged any fees or costs by the court. (61016(b))
- the court must provide forms and clerical assistance in English and Spanish to help write and file the petition for a protection from abuse order with the court if the person is not represented by a lawyer
- the court shall provide oral and written information, in English and Spanish, about where the person asking for protection can get help at the local domestic violence program, the local legal services office and the county bar association's lawyer referral service (6106(h))
Restitution
Where a victim suffered personal injury from a crime or property was stolen or unlawfully obtained or value decreased, the offender shall be sentenced to make full restitution in addition to other punishment ordered by the court. (18 Pa C.S.A. 1106)
Offender Sentencing
If a prosecutor at sentencing wishes to request the court to waive the eligibility requirements for a defendant for the Recidivism Risk Reduction Incentive Program (RRRI), the victim must be notified and be given an opportunity to provide prior comment to the court on this request. The RRRI Program provides an earlier alternative minimum sentence as an incentive for offenders who complete programs while incarcerated aimed at reducing their likelihood of committing crimes in the future.
State Intermediate Punishment Resentencing
If the Pennsylvania Department of Corrections requests that the court reconsider an inmate’s sentence, and re-sentence that inmate to the State Intermediate Punishment Program, the victim has a right to be notified and to submit an impact statement to the court prior to the court’s decision. The victim must be notified of the outcome of the court’s decision.
County Work Release
If a defendant’s sentence includes the possibility of work release, upon their request, victims have the right to be notified when that defendant files a petition for work release, and must be given an opportunity to be heard on that petition. The victim must be notified of the outcome of the decision to grant or deny the work release.
Medical Release of an Offender
Whenever a petition is filed for the medical release of a seriously or terminally ill inmate from state prison or county jail, victims of personal injury crimes committed by that inmate must be notified and given an opportunity to be heard by the court on the petition. The victims must be notified of the outcome of the court’s decision to grant or deny the petition.
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