[Adopted 1-13-1998 by Ord. No. 1752]
From and after the effective date of this article, the following
provisions shall be in full force and effect in the Township of Shaler.
This article shall be known as the "Township of Shaler Restitution
of Workers' Compensation Paid to Police Officers Ordinance."
This article 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 in order to minimize taxes to the residents of the Township
of Shaler, to minimize losses sustained by the Township 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 Township 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.
[1]
Editor's Note: The preamble of this article listed the
following purposes for its enactment:
A. 18 Pa.C.S.A. § 1106 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. 18 Pa.C.S.A. § 1106 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 Board of Commissioners of Shaler Township desires to
decrease the cost of workers' compensation insurance in order to minimize
taxes for the residents of the Township.
E. The Board of Commissioners intends to minimize losses sustained
by the Township 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 Township desires to obtain restitution of losses sustained
by the Township 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.
A.
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.
B.
Words used in the singular shall include the plural, and the plural
the singular.
C.
Words used in the present tense shall include the future tense.
D.
The word "shall" is always mandatory and not discretionary.
E.
The word "may" is permissive.
F.
This article shall be liberally construed 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:
Any offense punishable under Title 18 Pennsylvania Consolidated
Statutes or Title 75 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 Pennsylvania Consolidated Statutes or Title 75 Pennsylvania
Consolidated Statutes.
Actual bodily harm directly resulting from the crime.
Any person duly employed by the Township of Shaler 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 a 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 Township of Shaler and any insurance company
that has compensated the victim for loss under an insurance contract.
The Township of Shaler.
The Manager of the Township of Shaler.
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
Township or an insurance company, as ordered by the sentencing court.
A.
Request for information of loss. When a Township 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 Township Manager to
provide to the officer 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, the police officer
shall inform the Assistant District Attorney 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 debar the Township 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 Township loss. Upon request from a Township
police officer who has suffered personal injury directly resulting
from a crime, the Township Manager shall provide to the requesting
officer the monetary value of the loss sustained by the Township and
the Township's 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 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 Township as a direct result of the
offender's crime.
