Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 11.213 - Responsibilities of prosecutor's office(a) Forms.--The prosecutor's office shall provide the victim of a personal injury rights crime with all forms developed pursuant to sections 214 and 215 with the exception of cases brought by the Attorney General, whereupon the Victim Advocate shall provide all necessary forms.(b) Pleading.--In a personal injury rights crime or burglary, the prosecutor's office shall provide notice of and offer the opportunity to submit prior comment on the potential reduction or dropping of any charge or changing of a plea, a diversion of any case, including informal adjustment and consent decree, unless such notice is provided by the juvenile probation office. (c) Sentencing.--The prosecutor's office shall provide notice of the opportunity to offer prior comment on the sentencing of an adult and disposition of a juvenile. This prior comment includes the submission of oral and written victim impact statements. The prosecutor's office shall assist a victim who requests assistance to prepare this comment.(d)Release.-- The following shall apply:(1) In a personal injury rights crime, the prosecutor's office shall provide the victim advocate with victim information on all personal injury cases when the offender is sentenced to an institution operated by the department so the victim advocate may provide notice to the victim of:(i) The opportunity to submit input into State correctional release decisions;(ii) Any release of an adult offender from a State correctional institution; and(iii) The commitment of the offender to a mental health institution from a State correctional institution.(2) In a personal injury rights crime, the prosecutor's office shall provide notice of any release of an adult from a local correctional institution and provide notice of the commitment to a mental health institution from a local correctional institution.(3) Except as otherwise provided by law, in no case may the Victim Advocate waive the confidentiality of a victim.(e) Disposition.--In a personal injury rights crime, if the prosecutor's office has advance notice of dispositional proceeding, the prosecutor shall make reasonable efforts to notify a victim of the time and place of the proceeding.(f) Notice.--The prosecutor's office shall provide all of the following to the victim:(1) Upon request of the victim, notice of the disposition and sentence of an adult, including sentence modifications.(2) Upon request in a personal injury rights crime, reasonable attempts to notify the victim as soon as possible when the adult is released from incarceration at sentencing.(3) If the prosecutor's office is prosecuting a personal injury rights crime, notice prior to the entry of a consent decree.(4) Prior notice of delinquency adjudication hearings unless such hearings are scheduled by the juvenile probation office.(5) Notification of hearings related to the transfer of a juvenile to and from criminal proceedings.(6) Upon request in a personal injury rights crime, notice of the filing, hearing or disposition of appeals.(7) Notice of the details of the final disposition of their case consistent with 42 Pa.C.S. § 6336(f) (relating to conduct of hearings) unless provided by the juvenile probation office.(g) Assistance.--The prosecutor's office shall provide assistance to the victim in all of the following:(1) Preparation of statements under section 201(5).(2) Preparation of, submission of and follow-up on financial assistance claims filed with the Office of Victims' Services.(3) Notification to the victim advocate on behalf of the victim for personal injury rights crimes if the offender is sentenced to a state correctional institution. (h) Return of property.--The prosecutor's office shall return to the victim any property seized as evidence if the prosecutor's office determines that the evidence is no longer needed for prosecution.Amended by P.L. TBD 2022 No. 77, § 3, eff. 4/7/2023.1998, Nov. 24, P.L. 882, No. 111, § 213, imd. effective. Amended 2000, Oct. 30, P.L. 641, No. 86, § 4, effective in 60 days.