[Adopted 6-8-1998 by Ord.
No. 98-2]
It is the purpose and scope of this part to aid in compensating
victims for harm directly caused by an offender; to decrease the cost
of insurance in order to minimize taxes to the residents of the Borough
of Sharpsburg; to minimize losses sustained by the Borough and its
employees through insurance payments of any kind which occur as a
direct result of criminal conduct inflicted upon its employees by
criminal offenders; and to obtain restitution for losses sustained
by the Borough and its employees as the direct result of criminal
conduct resulting in personal injury or injury to property of the
employees and/or the Borough in the performance of their duties.
As used in this part, the following words and phrases shall
have the meanings given to them in this section:
The Borough of Sharpsburg.
Any offense punishable under Title 18 or Title 75 of the
Pennsylvania Consolidated Statutes or by a Magisterial District Judge.
Any person duly employed by the Borough of Sharpsburg, which
would include a police officer who is, by law, vested with the power
to arrest when acting within the scope of his or her employment.
Loss of real or personal property, including negotiable instruments,
or decrease in value, directly resulting from the crime.
Any person who has been adjudged guilty of any crime.
Actual bodily harm, including pregnancy, directly resulting
from the crime.
Any real or personal property, including currency and negotiable
instruments, of the victim.
The return of the property of the victim or payments in cash
or the equivalent thereof pursuant to an order of court.
Includes, but shall not be limited to, medical expenses,
whether covered by the Borough's insurance company or not, the amount
of compensation paid to an employee by the Borough or the Borough's
insurance company and any other payment, in any form, as a direct
result of the offender's crime.
Any person, except an offender, who suffered injuries to
his/her person or property as a direct result of the crime. The term
includes the Borough of Sharpsburg, any employee of the Borough of
Sharpsburg, the Crime Victims Compensation Fund, if compensation has
been paid by the Crime Victims Compensation Fund to the victim, 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 any crime wherein a Borough employee suffered personal
injury or injury to property directly resulting from the crime, the
offender shall make restitution to the victim, Borough or any insurance
company in the amount of the value of the loss sustained by the victim,
Borough or insurance company, as ordered by the sentencing court.
1.
When a Borough employee who has suffered personal injury or property
loss receives notice from the District Attorney's office of a pending
trial for the offender, such employee shall request the Borough Secretary
to provide to the employee the monetary value of the loss sustained
by the Borough and the Borough's insurance carrier. The Borough Secretary
shall provide said information upon the request of the employee.
2.
If the offender is convicted of a crime which resulted in personal
injury or property loss to the Borough employee, the employee shall
inform the District Attorney's office, prior to sentencing, of the
loss sustained by the employee, 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).
3.
Restitution, when ordered by a judge, shall be made by the offender
to the probation section of the county in which she/he was convicted
according to the order of the court or, when ordered by a Magisterial
District Judge, shall be made to the Magisterial District Judge. The
probation section and the Magisterial District Judge shall maintain
records of the restitution order and its satisfaction and shall forward
to the employee, the Borough or the Borough's insurance carrier the
property or payments made pursuant to the restitution order.
No judgment or order of restitution shall prevent the owner
of the property or the victim, Borough, or insurance company who sustained
personal injury or property loss, 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 the criminal
judgment or this part.
