[HISTORY: Adopted by the Mayor and Council of the Borough of Blawnox as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-1998 by Ord. No. 507]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Blawnox.
CRIME
Any offense punishable under 18 Pennsylvania Consolidated Statutes or 75 Pennsylvania Consolidated Statutes.
EMPLOYEE
Any person duly employed by the Borough of Blawnox which would include a police officer who is by law vested with the power to arrest when acting within the scope of their employment.
INJURY TO PROPERTY
Loss of real or personal property, including negotiable instruments, or decrease in value, directly resulting from the crime.
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.
PERSONAL INJURY
Actual bodily harm directly resulting from the crime.
PROPERTY
Any real or personal property, including currency and negotiable instruments, of the victim.
RESTITUTION
The return of property of the victim or payments in cash or the equivalent thereof pursuant to an order of a court.
VALUE OF LOSS
Shall include, but 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.
VICTIM
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 Blawnox, any employee of the Borough of Blawnox, the Crime Victim's Compensation Fund, if compensation has been paid by the Crime Victim's Compensation Fund to the victim, and any insurance company that has compensated the victim for loss under an insurance contract.
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.
When required as a condition of probation or parole, offenders convicted of a crime, wherein a Borough employee 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 employee 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Reporting. If the offender is convicted of a crime which resulted in personal injury to the Borough employee, the employee 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 judgment or order of restitution shall debar the Borough or any employee 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Notification of value of Borough loss. Upon request from a Borough employee who has suffered personal injury directly resulting from a crime, the Borough Manager shall provide to the requesting employee 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 employee 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.
The provisions of this article are severable, and, if any of its provisions or any part of any provisions shall be held unconstitutional or otherwise held to be invalid, the decision of the court shall not affect or impair any of the remaining provisions. It is hereby declared to be the intent of the Borough Council that this article would have been enacted had such unconstitutional provisions or parts thereof not been included herein.