[Ord. 348, 3/18/1998, § 1; as amended by Ord. 431,
8/20/2008]
This Part is adopted to establish the right to obtain restitution
of workers' compensation paid to Township employees as a result of
criminal activity from the criminal offender 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, to minimize losses sustained by the Township
through workers' compensation payments which occur as a direct result
of criminal conduct inflicted upon its Township employees by criminal
offenders, and to obtain restitution for losses sustained by the Township
and/or Township employees as the direct result of criminal conduct
resulting in personal injury to Township employees in the performance
of their official duties.
[Ord. 348, 3/18/1998, § 2; as amended by Ord. 431,
8/20/2008]
Any offense punishable under 18 Pa.C.S.A. or 75 Pa.C.S.A.
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 Pa.C.S.A. or 75 Pa.C.S.A.
Actual bodily harm directly resulting from crime.
The return of property of the victim or payments in cash
or the equivalent thereof pursuant to an order of a court.
Any Township employee who suffered injuries to his person
or property as a direct result of the crime. The term "victim" specifically
includes the Township and any insurance company that has compensated
the victim for loss under an insurance contract.
The Township of Richland.
[Ord. 348, 3/18/1998, § 3; as amended by Ord. 431,
8/20/2008]
When required as a condition of probation or parole, offenders
convicted of a crime wherein a Township 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 Township or an insurance company, as ordered by
the sentencing court.
[Ord. 348, 3/18/1998, § 4; as amended by Ord. 431,
8/20/2008]
1.
Request for Information of Loss. When a Township employee who has
suffered personal injury receives notification from the District Attorney's
office of a pending trial for the offender, the victim who suffered
personal injury shall request the Township Secretary to provide to
the victim the monetary value of the loss sustained by the Township
and the Township's insurance carrier.
2.
Reporting. If the offender is convicted of a crime which resulted
in person injury to the Township employee, the victim 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).
3.
Preservation of Private Remedies. No judgment or order or restitution
shall debar the Township 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 Part.
[Ord. 348, 3/18/1998, § 5; as amended by Ord. 431,
8/20/2008]
1.
Notification of Value of Township Loss. Upon request from a Township
employee who has suffered personal injury directly resulting from
a crime, the Township Secretary shall provide to the requesting victim
the monetary value of the loss sustained by the Township and the Township's
insurance carrier.
2.
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
employee during absence from duty caused by the offender and the amount
of compensation paid to the victim not reimbursed by the insurance
carrier of the Township, as a direct result of the offender's crime.
