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§ 1792-A. Special Juvenile Victim Compensation Fund

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 1, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article XVII-a. Special Funds
Subarticle J. Special Provisions Relating to Victims of Crime
Effective: July 1, 2010
72 P.S. § 1792-A
§ 1792-A. Special Juvenile Victim Compensation Fund
Currentness
(a) Establishment.--There is established in the State Treasury a special fund to be known as the Special Juvenile Victim Compensation Fund.
(b) Sources.--The sources of the fund are as follows:
(1) A transfer of $500,000 from the Crime Victim's Compensation Fund established under section 1101(b)(1) of the Crime Victims Act.1 As soon as practicable following the effective date of this section, the State Treasurer shall make the transfer.
(2) Appropriations.
(3) Money from any other source.
(4) Return on the money in the fund.
(c) Nonlapse.--The money in the Special Juvenile Victim Compensation Fund is continuously appropriated into the Special Juvenile Victim Compensation Fund. This appropriation shall not lapse at the end of any fiscal year.
(d) Use.--The Special Juvenile Victim Compensation Fund shall be administered by the commission as follows:
(1) The commission may not use any money for administrative costs.
(2) The money shall be used solely to provide compensation to victims of juvenile crime in a county of the third class. A victim shall be entitled to receive compensation from the fund if all of the following conditions apply:
(i) A juvenile delinquency petition was filed in the county which alleged that the victim was a victim of a crime committed by a juvenile.
(ii) The juvenile delinquency petition was disposed of prior to May 31, 2008, by the entry of a consent decree or an adjudication of delinquency entered by a court of common pleas in the county.
(iii) After December 31, 2008, the consent decree or adjudication of delinquency previously entered was vacated by order of the Supreme Court.
(iv) Following the vacating of the consent decree or adjudication of delinquency, the Supreme Court or a special master appointed by the Supreme Court issued a written determination stating:
(A) that the victim suffered monetary loss, expense or damage as a result of the alleged crime;
(B) that the court of common pleas in the county had previously entered an order directing that the victim was entitled to restitution or compensation for the victim's loss, expense or damage which was vacated prior to the victim's receiving payment in full;
(C) that the victim 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 the county under the circumstances described in subparagraphs (i), (ii) and (iii); and
(D) the amount of compensation award to be paid to the victim for pain and suffering which shall equal 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.
(v) Notwithstanding any provision of this subarticle to the contrary, the following shall apply regarding the calculation of the amount of restitution and compensation previously paid to the victim under subparagraph (iv)(D):
(A) The Supreme Court or special master appointed by the Supreme Court shall request, and the commission shall disclose, information concerning applications for an award of compensation and compensation award payments previously made by the commission to the victim in connection with the crime charged in the juvenile delinquency petition referred to in subparagraph (i).
(B) The Supreme Court or special master appointed by the Supreme Court shall include any monetary loss, expense or damage that the Supreme Court or special master determines has been or will be paid to or on behalf of the victim by any of the following:
(I) insurance, or health or welfare programs, including those mandated by law;
(II) under a contract of insurance where the victim is the beneficiary;
(III) under any pension program, including those providing for disability or survivor's benefits, or from any other public funds; or
(IV) under a settlement or award made by or on behalf of a party alleged to be responsible, in whole or in part, for the injury, without regard to the party's criminal liability.
(C) The Supreme Court or special master appointed by the Supreme Court may require as a condition of receiving an award under this section that a victim disclose to the court or special master the amount of restitution and compensation previously received in connection with the crime charged in the juvenile delinquency petition referred to in subparagraph (i).
(vi) Promptly following issuance of the last written determination described in subparagraph (iv), the Supreme Court or special master appointed by the Supreme Court shall notify the commission that all written determinations have been issued.
(e) Administration.--
(1) The commission shall make a lump sum payment to each victim for which a determination has been issued under subsection (d)(2)(iv). The payment shall be in the amount specified in the determination.
(2) If money in the Special Juvenile Victim Compensation Fund is not sufficient to make all of the payments required under this subsection, the payments shall be reduced for each victim on a pro rata basis.
(3) The commission shall, no more than 45 days following notification from the Supreme Court or special master that all written determinations under subsection (d)(2)(iv) have been issued, submit requests to the State Treasurer that a lump sum payment be made to each victim in the amount set forth in the written determination pertaining to the victim.
(f) Tax consequences.--A payment made under subsection (e) shall not be considered a class of income under section 303 of the act of March 4, 1971 (P.L. 6, No. 2),2 known as the Tax Reform Code of 1971.
(g) Right of subrogation and return of certain payments.--The following shall apply:
(1) The Commonwealth shall be subrogated to the payment of an award made under this section, to the extent of the payment, to any right of action against any person to recover losses resulting from the crime charged in the juvenile delinquency petition referred to in subsection (d)(2)(i).
(2) A victim receiving an award under this section shall notify the commission of any payments received from any source, other than the commission, that relate to the crime charged in the juvenile delinquency petition referred to in subsection (d)(2)(i) and which are received on or after the date of the Supreme Court's or special master's written determination. The victim shall promptly return to the commission an amount equal to such payments for deposit into the Crime Victim's Compensation Fund.
(h) Expiration.--A victim's ability to receive a written determination for a compensation award under this subarticle shall expire on the earlier of the following:
(1) The expenditure of all money in the Special Juvenile Victim Compensation Fund.
(2) June 30, 2011. Money remaining in the fund on June 30, 2011, that has not been encumbered or committed to pay awards under written determinations issued prior to June 30, 2011, shall be transferred to the Crime Victim's Compensation Fund.

Credits

1929, April 9, P.L. 343, No. 176, art. XVII-A, § 1792-A, added 2010, July 6, P.L. 279, No. 46, § 2.6, retroactive effective July 1, 2010.

Footnotes

1
18 P.S. § 11.1101.
2
72 P.S. § 7303.
72 P.S. § 1792-A, PA ST 72 P.S. § 1792-A
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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