Help For Victims & Witnesses

Pennsylvania’s Crime Victims’ Rights: 18 P.S. § 11.201

Victims of crime have the following rights:

1. To receive basic information concerning the services available for victims of crime.

2. To be notified of certain significant actions and proceedings within the criminal and juvenile justice systems pertaining to their case. This paragraph includes all of the following:

i. Access to information regarding whether the juvenile was detained or released following arrest and whether a petition alleging delinquency has been filed.

ii. Immediate notification of a juvenile’s pre-adjudication escape from a detention center or shelter facility and of the juvenile’s subsequent apprehension.

iii. Access to information regarding the grant or denial of bail to an adult.

iv. Immediate notification of an adult offender’s pretrial escape from a local correctional facility and of the offender’s subsequent apprehension.

3. To be accompanied at all criminal and all juvenile proceedings in accordance with 42 Pa.C.S. § 6336 (relating to conduct of hearings) by a family member, a victim advocate or other person providing assistance or support.

4. In cases involving a personal injury crime or burglary, to submit prior comment to the prosecutor’s office or juvenile probation office, as appropriate to the circumstances of the case, on the potential reduction or dropping of any charge or changing of a plea in a criminal or delinquency proceeding, or, diversion of any case, including an informal adjustment or consent decree.

5. To have the opportunity to offer prior comment on the sentencing of a defendant or the disposition of a delinquent child, to include the submission of a written and oral victim impact statement detailing the physical, psychological and economic effects of the crime on the victim and the victim’s family. The written statement shall be included in any predisposition or presentence report submitted to the court. Victim-impact statements shall be considered by a court when determining the disposition of a juvenile or sentence of an adult.

5.1. To have notice and to provide prior comment on a judicial recommendation that the defendant participate in a motivational boot camp pursuant to the act of December 19, 1990 (P.L. 1391, No. 215), known as the Motivational Boot Camp Act.

5.2. Upon request of the victim of a personal injury crime, to have the opportunity to submit written comment or present oral testimony at a disposition review hearing, which comment or testimony shall be considered by the court when reviewing the disposition of the juvenile.

6. To be restored, to the extent possible, to the pre-crime economic status through the provision of restitution, compensation and the expeditious return of property which is seized as evidence in the case when in the judgment of the prosecutor the evidence is no longer needed for prosecution of the case.

7. In personal injury crimes where the adult is sentenced to a state correctional facility, to be:

i. given the opportunity to provide prior comment on and to receive state post-sentencing release decisions, including work release, furlough, parole, pardon or community treatment center placement;

ii. provided immediate notice of an escape of the adult and of subsequent apprehension; and

iii. given the opportunity to receive notice of and to provide prior comment on a recommendation sought by the Department of Corrections that the offender participate in a motivational boot camp pursuant to the Motivational Boot Camp Act.

8. In personal injury crimes where the adult is sentenced to a local correctional facility, to:

i. receive notice of the date of the release of the adult, including work release, furlough, parole, release from a boot camp or community treatment center placement; and

ii. be provided with immediate notice of an escape of the adult and of subsequent apprehension.

8.1. If, upon the request of the victim of a personal injury crime committed by a juvenile, the juvenile is ordered to residential placement, a shelter facility or a detention center, to:

i. Receive prior notice of the date of the release of the juvenile, including temporary leave or home pass.

ii. Be provided with:

A. immediate notice of an escape of the juvenile, including failure to return from temporary leave or home pass; and

B. immediate notice of re-apprehension of the juvenile.

iii. Be provided with notice of the transfer of a juvenile who has been adjudicated delinquent from a placement facility that is contrary to a previous court order or placement plan approved at a disposition review hearing and to have the opportunity to express a written objection prior to the release or transfer of the juvenile.

9. If the adult is subject to an order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) and is committed to a local correctional facility for a violation of the order or for a personal injury crime against a victim protected by the order, to receive immediate notice of the release of the adult on bail.

10. To receive notice if an adult is committed to a mental health facility from a state correctional institution and notice of the discharge, transfer or escape of the adult from the mental health facility.

11. To have assistance in the preparation of, submission of and follow-up on financial assistance claims to the bureau.

12. To be notified of the details of the final disposition of the case of a juvenile consistent with 42 Pa.C.S. § 6336(f) (relating to conduct of hearings).

13. Upon the request of the victim of a personal injury crime, to be notified of the termination of the courts’ jurisdiction.

Remember, in case of an emergency or if you’ve been assaulted, contact 911 or your local police department.

A Protection from Abuse Order (PFA) may be appropriate if you have been abused. A PFA may be sought against any of the following individuals:

• Spouse or ex-spouse (including common-law marriages)
• Current or former sexual/intimate partner
• Blood relatives

For the purposes of seeking a PFA, abuse is defined as any of the following:

• Attempting to, intentionally or recklessly causing bodily injury, rape, spousal sexual assault or nonconsensual intercourse with or without a deadly weapon
• Placing another, by physical threat, in fear of imminent serious bodily injury
• False imprisonment
• Physically or sexually abusing minor children
• Stalking a person and placing that person in reasonable fear of bodily injury

Please note: The Protection from Abuse Act does not cover emotional, verbal or mental abuse.

An individual seeking a PFA should:

• Contact Women In Need, Mid-Penn Legal Services, Franklin County Legal Services or a similar agency and ask to speak to someone about their current situation.
• The agency will refer you to someone who can help you with the process who will schedule a meeting with you to complete the necessary paperwork.
• After the petition is complete, the legal documents are sent to the courthouse to be signed by a judge.
• If the judge signs the order, this will act as a temporary order.
• This temporary order, along with other legal documents, is served by the Franklin County Sheriff’s Department on the abuser. Once this is done, the temporary order is enforceable.
• A final hearing will be scheduled to determine if the order will be in effect and how long it will remain effective.

The PFA may:

• Order the abuser to stop abusing, harassing, stalking or threatening you and/or your children.
• Evict the abuser from the home.
• Order the abuser to have no contact.
• Prohibit the abuser from coming to the residence.
• Prohibit the abuser from having weapons.
• Award temporary custody and visitation rights.
• Order the abuser to pay temporary financial support.
• Reimburse the individual for financial losses (medical bills, lost wages, etc.).
• Keep the victim’s address confidential.

If the abuser violates the PFA:

• You should call the police immediately.
• A violation will result in a proceeding called an Indirect Criminal Contempt Hearing (ICC), in which the abuser would be called before a judge to answer the allegations made against him or her.
• You will need to be present at the violation hearing.
• A violation may result in a fine up to $1,000 or imprisonment of up to 6 months, or both.
• PFAs can be modified and extended at the hearing.