[HISTORY: Adopted by the Council of the Borough of Baden as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 29.
[Adopted 10-21-1998 by Ord. No. 847]
This article shall be known as the "Borough of Baden 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 Borough of Baden; to minimize
losses sustained by the Borough 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 Borough 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 above-stated purposes were included in the
preamble to this ordinance and read as follows:
"WHEREAS, the Act of June 18, 1976, P.L. 394, No. 86, § 1,
18 Pa.C.S.A. § 1106, of the Crimes Code of Pennsylvania, 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; and
WHEREAS, 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; and
WHEREAS, the Act of May 3, 1995, P.L. 999, No. 12 (Spec. Session No.
1), § 1, 10 Pa.C.S.A. § 1106, of the Crimes Code of Pennsylvania,
requires that mandatory restitution shall be ordered to the victim, the Crime
Victims' 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; and
WHEREAS, the Council of the Borough of Baden desires to decrease the
cost of workers' compensation insurance in order to minimize taxes to
the residents of the Borough of Baden; and
WHEREAS, it is the intent of the Borough Council to minimize losses
sustained by the Borough 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
WHEREAS, the Borough desires to obtain restitution for losses sustained
by the Borough 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."
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.
As used in this article, the following terms shall have the meanings
indicated:
The Borough of Baden.
The Secretary of the Borough of Baden.
Any offense punishable under 18 Pennsylvania Consolidated Statutes
or 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 18 Pennsylvania Consolidated
Statutes or 75 Pennsylvania Consolidated Statutes.
Any person duly employed by the Borough of Baden 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 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 Borough of Baden 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 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 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 Borough Secretary to provide to
the officer the monetary value of the loss sustained by the Borough and the
Borough's insurance carrier.
B.
Reporting. If the offender is convicted of a crime which
resulted in personal injury to the Borough police officer, the police officer
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 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 Borough loss. Upon request from
a Borough police officer who has suffered personal injury directly resulting
from a crime, the Borough Secretary shall provide to the requesting officer
the monetary value of the loss sustained by the Borough and the Borough's
insurance carrier.
B.
Value of loss. The value of the 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 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 Borough, as a direct result of the offender's crime, which shall
include benefits payable under the Heart and Lung Act (Act of June 28, 1935,
P.L. 477, No. 193).
