[Adopted 10-21-1998 by Ord. No. 847]
This article shall be known as the "Borough of Baden Restitution of
Workers' Compensation Paid to Police Officers Ordinance."
This article is adopted for the above-stated purposes and to aid in compensating victims for harm directly caused by
an offender; to decrease the cost of workers' compensation insurance
in order to minimize taxes to the residents of the Borough of Baden; to minimize
losses sustained by the Borough and its police officers through workers'
compensation payments which occur as a direct result of criminal conduct inflicted
upon its police officers by criminal offenders; and to obtain restitution
for losses sustained by the Borough and its police officers as the direct
result of criminal conduct resulting in personal injury to police officers
in the performance of their official duties.
In the construction of this article, the rules and definitions contained
in this section shall be observed and applied, except when the context clearly
indicates otherwise:
A. Words used in the singular shall include the plural,
and the plural the singular.
B. Words used in the present tense shall include the future
tense.
C. The word "shall" is always mandatory and not discretionary.
D. The word "may" is permissive.
E. This article shall be liberally construed to accomplish
its purpose to protect the public's health, safety and welfare.
As used in this article, the following terms shall have the meanings
indicated:
CRIME
Any offense punishable under 18 Pennsylvania Consolidated Statutes
or 75 Pennsylvania Consolidated Statutes.
OFFENDER
Any person, except a victim, who criminally causes personal injury
to the person or property of another as a direct result of a crime and who
is adjudged guilty of an offense punishable under 18 Pennsylvania Consolidated
Statutes or 75 Pennsylvania Consolidated Statutes.
POLICE OFFICER
Any person duly employed by the Borough of Baden who is by law given
the power to arrest when acting within the scope of the person's employment.
RESTITUTION
The return of property of the victim or payments in cash or the equivalent
thereof pursuant to an order of court.
VICTIM
Any person, except an offender, who suffered injuries to his person
or property as a direct result of the crime. The term "victim" specifically
includes the Borough of Baden and any insurance company that has compensated
the victim for loss under an insurance contract.
When required as a condition of probation or parole, offenders convicted
of a crime wherein a police officer suffered injury to property or personal
injury directly resulting from the crime shall make restitution in the amount
of the value of the loss sustained by the victim, the Borough or an insurance
company, as ordered by the sentencing court.