[HISTORY: Adopted by the Board of Supervisors of the Township
of North Franklin 3-17-1998 by Ord. No. 2-1998 (Ch. 1, Part 9, of the 1988 Code
of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Township of North Franklin
Restitution Ordinance."
This chapter is adopted for the above-stated purposes[1] and to aid in compensating victims for harm directly caused
by an offender, to decrease the cost of workers' compensation
insurance, property insurance and heart and lung benefits, in order
to minimize taxes to the residents of the Township of North Franklin
and to minimize losses sustained by the Township, its police officers
and other employees through workers' compensation and/or heart
and lung benefit payments, as well as damage to Township property,
which occur as a direct result of criminal conduct inflicted upon
or witnessed by its police officers or employees by criminal offenders,
and to obtain restitution for losses sustained by the Township, its
police officers and employees as the direct result of criminal conduct
resulting in personal injury to police officers and other Township
employees in the performance of the officers' official duties
and/or damage to Township property.
[1]
Editor's Note: Refers to the introductory material of Ord.
No. 2-1998, a copy of which is on file in the Township offices.
In the construction of this chapter, 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 chapter shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Any offense punishable under Title 18 Pa.C.S.A. or Title
75 Pa.C.S.A.
Any person duly employed by the Township of North Franklin,
while acting in the scope of the person's employment.
Any person, except a victim, who criminally causes personal
injury to the person or property of another as a result of a crime
and who is adjudged guilty of an offense punishable under Title 18,
Pa.C.S.A. or Title 75 Pa.C.S.A.
Actual bodily harm directly resulting from the crime.
Any person duly employed by the Township of North Franklin
who is by law given the power to arrest, while acting within the scope
of the person's employment.
Actual damage to personalty or property directly resulting
from the crime.
The return of property of the victim or payments in cash
or the equivalent thereof pursuant to an order of court.
The Township of North Franklin.
The Chief of Police of the Township of North Franklin.
The Secretary of the Township of North Franklin.
Any person, except an offender, who suffered injuries to
his person or property as the direct result of a crime. The term "victim"
specifically includes the Township of North Franklin 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 or Township employee
suffered personal injury and/or witnessed damage to the property of
North Franklin Township directly resulting from the crime, shall make
restitution in the amount of the value of the loss sustained by the
victim, the Township or an insurance company, as ordered by the sentencing
court.
A.
Request for information of loss. When a Township police officer or
Township employee who has suffered personal injury and/or has witnessed
damage to the property of North Franklin Township receives notification
from the District Attorney's office of a pending trial for the
offender, the officer shall request the Township Chief of Police,
while the other employees shall request the Township Secretary, to
provide to the officer and/or employee the monetary value of the loss
sustained by the Township and the Township's insurance carrier.
B.
Reporting. If the offender is convicted of a crime which resulted
in personal injury to the Township police officer, Township employee
and/or damage to the property of North Franklin Township, the police
officer shall inform the District Attorney or his office, prior to
sentencing, of the loss sustained by the victim, the Township and
the Township's insurance carrier so that restitution may be ordered
by the court pursuant to 18 Pa.C.S.A. § 1106(c). Likewise,
the Township employee, through the Township Chief of Police, shall
inform the District Attorney or his office, prior to sentencing, of
the loss sustained by the victim, the Township and the Township'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 bar the Township, police officer or Township employee who sustained
personal injury from 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 chapter.
A.
Notification of value of Township loss. Upon request from a Township
police officer who has suffered personal injury and/or witnessed damage
to property of the Township directly resulting from a crime, the Township
Chief of Police shall provide to the requesting officer the monetary
value of the loss sustained by the Township and the Township's
insurance carrier, as well as the name and address of the insurance
carrier, and a breakdown of amounts paid by the Township and the insurance
carrier. Upon request from a Township employee who has suffered personal
injury and/or witnessed damage to property of the Township directly
resulting from a crime, the Township Secretary shall provide to the
requesting employee the monetary value of the loss sustained by the
Township and the Township's insurance carrier, as well as the
name and address of the insurance carrier, and a breakdown of amounts
paid by the Township and the insurance carrier.
B.
Value of loss. Value of Township loss shall include, but not be limited
to, medical expenses, amount of medical expenses not covered by the
Township insurance carrier, amount of compensation received by the
police officer and/or employee during absence from Township employment
caused by the offender, the amount of compensation paid to the police
officer or employee not reimbursed by the insurance carrier of the
Township, to include heart and lung benefits under 53 P.S. § 637
paid to police officers, repair and other bills for property damage
and bills for property damage not reimbursed by the insurance carrier
of the Township as a direct result of the offender's crime.
C.
Notice of employee of upcoming sentencing. In the case of personal
injury suffered by a Township employee other than a police officer,
or in the case of damage to Township property witnessed by a Township
employee other than a police officer, it shall be the duty of the
Township Chief of Police to keep the Township employee informed of
the prosecution of the offender and report to the District Attorney,
or his office, the loss sustained by the victim.
