[HISTORY: Adopted by the Borough Council of the Borough of
Millvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-14-1998 by Ord. No. 2091]
A.
The Act
of June 18, 1976, P.L. 394, No. 86, § 1, 18 Pa.C.S.A. § 1106,
of the Crimes Code of Pennsylvania mandates that offenders convicted
of criminal conduct wherein victims suffer personal injury directly
resulting from the crime may be sentenced to make restitution in addition
to the punishment prescribed therefor.
B.
Restitution
should be encouraged as both an aid in assisting an offender's rehabilitation
and as an aid in compensating a victim for harm directly caused by
an offender.
C.
The Act
of May 3, 1995, P.L. 999, No. 12 (Spec. Session No. 1), § 1,
18 Pa.C.S.A. § 1106, of the Crimes Code of Pennsylvania
requires that mandatory restitution shall be ordered to the victim,
the Crime Victim's Compensation Board, any other governmental agency
which has provided reimbursement to the victim as a result of the
offender's criminal conduct, and any insurance company which has provided
reimbursement to the victim as a result of the offender's criminal
conduct.
D.
The Borough
Council of the Borough of Millvale desires to decrease the cost of
workers' compensation insurance in order to minimize taxes to the
residents of the Borough of Millvale.
E.
It is the
intent of the Borough Council 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.
F.
The Borough
desires 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 its police officers in the performance of their
official duties.
This article shall be known as the "Borough of Millvale Restitution
of Workers' Compensation Paid to Police Officers Ordinance."
This article is adopted for the above-stated purpose 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 Millvale, 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 plural, and the plural,
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 constructed 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:
The Borough of Millvale.
The Manager of the Borough of Millvale.
Any offense punishable under Title 18 or 75 of the Pennsylvania
Consolidated Statutes
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
Title 18 or 75 of the Pennsylvania Consolidated Statutes.
Actual bodily harm directly resulting from the crime.
Any person duly employed by the Borough of Millvale who is
by law given the power to arrest when acting within the scope of the
person's employment.
The return of property of the victim or payments in cash
or the equivalent thereof pursuant to an order of court.
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 Millvale 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.
A.
Request for information of loss. When a Borough police officer who
has suffered personal injury receives notification from the District
Attorney's Office of a pending trial for the offender, the officer
who suffered personal injury shall request the Borough Manager to
provide to the officer the monetary value of the loss sustained by
the Borough and the Borough's insurance carrier.
B.
Reporting. If the offender is convicted of a crime which resulted
in personal injury to the Borough police officer, the police officer
shall inform the Assistant District Attorney prior to sentencing of
the loss sustained by the victim, the Borough, and the Borough's
insurance carrier so that restitution may be ordered by the court
pursuant to 18 Pa.C.S.A. § 1106(c).
C.
Preservation of private remedies. No judgement or order of restitution
shall debar the Borough or any police officer who sustained personal
injury, by appropriate action, to recover from the offender as otherwise
provided by law, provided that any civil award shall be reduced by
the amount paid under this article.
A.
Notification of value of Borough loss. Upon request from a Borough
police officer who has suffered personal injury directly resulting
from a crime, the Borough Manager shall provide to the requesting
officer the monetary value of the loss sustained by the Borough and
the Borough's insurance carrier.
B.
Value of loss. Value of Borough loss shall include but not be limited
to: medical expenses, amount of medical expenses not covered by the
Borough insurance carrier, amount of compensation received by the
police officer during absence from duty caused by the offender and
the amount of compensation paid to the police officer not reimbursed
by the insurance carrier of the Borough as a direct result of the
offender's crime.
[Adopted 3-13-2001 by Ord. No. 2181]
It is resolved by the Borough of Millvale that its officers
and employees are directed to execute any and all documents necessary
to provide the inclusion of the Mayor and members of Borough Council
under said policies of insurance covering life, health, hospitalization,
medical and surgical service and/or accident insurance as provided
for Borough employees.
