Opinion
No. 347 JUDICIAL ADMINISTRATION DOCKET.
June 29, 2011.
(Related to No. 81 MM 2008).
DETERMINATION NO. 3 OF THE SPECIAL MASTER
AND NOW, this 29th day of June, 2011, pursuant to the authority granted by the Supreme Court of Pennsylvania in its October 21, 2010 Order in the above-captioned matter (a copy of which is attached hereto as "Exhibit A"), the undersigned Special Master hereby issues this Determination in accordance with the provisions of 72 P.S. § 1792-A, which established the Special Juvenile Victim Compensation Fund.
In 2010, legislation was enacted in Pennsylvania establishing the Special Juvenile Victim Compensation Fund (hereinafter "the Fund"). See 72 P.S. § 1792-A. The money in the Fund is to be used "solely to provide compensation to victims of juvenile crime in a county of the third class" under certain conditions. 72 P.S. § 1792-A(d)(2).
Attached hereto and labeled "Exhibit B" is a list of four (4) victims of juvenile crime in Luzerne County. Luzerne County is a county of the third class.
I hereby make the following findings:
1. Juvenile delinquency petitions were filed in Luzerne County which alleged that each of the victims listed on Exhibit B hereto was a victim of a crime committed by a juvenile.
2. Each of the juvenile delinquency petitions referenced in Finding No. 1 was disposed of prior to May 31, 2008, by the entry of a consent decree or an adjudication of delinquency entered by the Court of Common Pleas of Luzerne County.
3. After December 31, 2008, each consent decree or adjudication of delinquency referenced in Finding No. 2 was vacated by order of the Supreme Court.
I also make the following determinations:
1. Each victim listed on Exhibit B hereto suffered monetary loss, expense or damage as a result of the alleged crime.
2. The Court of Common Pleas of Luzerne County had previously entered orders directing that each victim listed on Exhibit B hereto was entitled to restitution or compensation for the victim's loss, expense or damage, which orders were vacated prior to the victims receiving payment in full.
3. Each victim listed on Exhibit B hereto is entitled to receive a compensation award for pain and suffering endured in connection with the victim's contact with the juvenile justice system in Luzerne County under the circumstances described in Finding Nos. 1, 2, and 3 above.
4. The amount of the compensation award to be paid to each victim listed on Exhibit B hereto for pain and suffering is set forth on Exhibit B following each victim's name. The amount of the compensation award for each victim is equal to the amount of restitution the victim would have been entitled to had the consent decree or adjudication of delinquency previously entered not been vacated, less any restitution and compensation previously paid to the victim in connection with the alleged crime.
5. The amount of restitution and compensation previously paid to each victim listed on Exhibit B has been calculated pursuant to the provisions set forth in 72 P.S. § 1792-A(d)(2)(v), including taking into account any compensation payments previously made to each victim by the Victims Compensation Assistance Program and/or the Pennsylvania Commission on Crime and Delinquency.
Based upon the above findings and determinations, this Determination No. 3 is being transmitted forthwith to the Pennsylvania Commission on Crime and Delinquency so that the appropriate payments to the victims listed herein can be made pursuant to 72 P.S. § 1792-A(e). Exhibit A
ORDER
AND NOW, this 21st day of October, 2010, it appearing that the General Assembly has enacted legislation establishing a "special fund to be known as the Special Juvenile Victim Compensation Fund," see 72 P.S. § 1792-A et seq.; and
Whereas, the Supreme Court of Pennsylvania issued a Per Curiam Order dated February 11, 2009, appointing the Honorable Arthur E. Grim, Senior Judge of Berks County, as the Special Master to act on behalf of this Court in the matter of In Re: J.V.R.; H.T., a Minor Through Her Mother, L.T.; on Behalf of Themselves and Similarly Situated Youths, 81 MM 2008;
In furtherance of this Court's February 11, 2009 Order, and the establishment of the special fund, it is hereby ORDERED that Special Master Arthur E. Grim is authorized to proceed to implement the Special Juvenile Victim Compensation Fund as specifically set forth at 72 P.S. § 1792-A(d)(2)(v)(A)-(C) and § 1792-A(d)(2)(vi). Exhibit B
Luzerne County. Completed Restitution Applications Second Supplemental List — through Tuesday, June 28, 2011
Victim Compensation Award
— Vasquez, Denise $170.00 — Wildoner, Edward #1 (def. D.L.C.) $0.00 — Wildoner, Edward #2 (def. S.P.) $100.00 — Wildoner, Edward #3 (def. G.P.) $100.00 — END —