This chapter shall be known as the "Township of North Franklin
Restitution Ordinance."
This chapter 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, 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.
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:
CRIME
Any offense punishable under Title 18 Pa.C.S.A. or Title
75 Pa.C.S.A.
EMPLOYEE
Any person duly employed by the Township of North Franklin,
while acting in the scope of the person's employment.
OFFENDER
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.
POLICE OFFICER
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.
PROPERTY DAMAGE
Actual damage to personalty or property directly resulting
from the crime.
RESTITUTION
The return of property of the victim or payments in cash
or the equivalent thereof pursuant to an order of court.
TOWNSHIP
The Township of North Franklin.
VICTIM
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.