Somerset County

VICTIM Assistance Guide

Rights and Services Available to Victims of

Juvenile & Adult Criminal Offenses in Somerset County

TABLE OF CONTENTS

PAGE

Introduction.........................................Below Victim’s Responsibility ..................................1 Pennsylvania’s Victim Bill of Rights ...................1 Agencies & Service Providers...........................2 Pennsylvania Crime Victim’s Compensation ......... 3 PA SAVIN (PA Automated Victim Notification Service).... 3 Map of Court related offices & parking locations .... Back cover

GENERAL INFORMATION

Victims Rights in the Juvenile Justice System .........4 Juvenile Justice System ..................................5 Flow Chart of the Juvenile Justice System .............6 Terminology of Juvenile Justice System ................7

INFORMATION FOR VICTIMS OF JUVENILE OFFENSES

Flow Chart of the Criminal Justice System .............8 Terminology of Adult Criminal System .................9

INFORMATION FOR VICTIMS OF ADULT CRIMINAL OFFENSES

INTRODUCTION The Victim Assistance Guide was designed to ensure that victims are informed of their rights and of the social services available to them. This guide will enable victims to become more knowledgeable to the laws relating to the prosecution of criminal court and juvenile court cases and the availability of additional assistance/services, if requested.

All victims will be treated with dignity and respect, and will be afforded, consistent with the law, the ability to choose their level of participation in the juvenile court system.

VICTIM’S RESPONSIBILITY In order for you to receive information and/or notice on matters concerning your case, you must provide a valid address and telephone number to the requesting agency. You are also responsible for providing timely notice of any changes to that information. The information you provide is confidential and may not be disclosed to anyone other than a representative of a law enforcement agency, prosecutor’s office or corrections agency without your written prior consent. The victim’s responsibility reverts to the parent or legal guardian for child victims and to a surviving family member in case of homicide.

PENNSYLVANIA’S VICTIM BILL OF RIGHTS

As a victim of crime in Pennsylvania you have the following rights:

• To be notified of certain significant actions and proceedings pertaining to your case, including, in personal injury crimes, the arrest of the suspect and escape from police custody;

• To be accompanied at all public criminal proceedings by a family member, a victim advocate, or another person;

• In cases of personal injury crimes, burglary, or driving under the influence involving bodily injury, to submit prior comment to the prosecutor’s office on the potential reduction or dropping of any charge or changing of a plea;

• To offer prior comment or to submit a written impact statement for the judge’s consideration at sentencing;

• To recover your losses, to the extent possible, through restitution, compensation through the Crime Victim’s Compensation program and the return of property which was seized as evidence when it is no longer needed by the prosecutor;

• In personal injury crimes where the offender is sentenced to a state prison, to provide prior comment on and to receive notice of release decisions, and to be immediately notified if the offender escapes;

• To receive immediate notice of the release of the offender on bail from a local correctional facility when the offender either violates a protection from abuse order or commits a personal injury crime against a victim protected by the order;

• To receive notice when an offender is committed to a mental health facility from a state prison and of the discharge, transfer or escape of the offender from the mental health facility; and

• To have assistance in the preparation, submission, and status of the financial assistance claims to the Crime Victim’s Compensation.

AGENCIES & SERVICES PROVIDERS

Information on Victim’s Rights/Services and legal advocacy in the Criminal Justice System and Community.

Victim/Witness Assistance

VICTIM SERVICES, INC 1-800-755-1983 PROBATION DEPARTMENT 814-445-1678 814-445-1600 DISTRICT ATTORNEY 814-445-1456 1-866-977-2717

Legal Advocacy, Counseling, Shelter, and other Assistance. WOMEN’S HELP CENTER 814-536-5361 1-800-999-7409 SOMERSET HOTLINE 814-443-2824

Domestic Violence

Counseling, Advocacy, Support Groups, and Other Services for Adult and Child Sexual Assault Victims.

Sexual Assault

CHILDLINE 1-800-932-0313 CHILDREN & YOUTH SERVICES 814-445-1661

Counseling, Information and Referral Services for Abused and Neglected Children.

Counseling, Shelter and Protective Services for Victims Elder Abuse

Age 60 and Over. AREA AGENCY ON AGING 814-443-2681 1-800-992-4464

Counseling, Advocacy and Services for Victims of Drunk Drunk Driving

Driving VICTIM SERVICES, INC. 1-800-755-1983 MADD HOTLINE 1-800-438-MADD

Counseling, Services and Advocacy for the Surviving Family of Homicide and Suicide, and for Robbery, Aggravated Assault, and Burglary Victims.

Other Victims of Violence

VICTIM SERVICES, INC. 1-800-755-1983

EMERGENCY Dial 9-1-1 For Additional Resources Dial 2-1-1 Pennsylvania State Police 814-445-4104 Office of Victim Advocate 1-800-322-4472

VICTIM SERVICES, INC. 1-800-755-1983 COUNSELING & TREATMENT CENTER 814-445-1661

Child Abuse

CRIME VICTIM’S COMPENSATION

Pa. Commission on Crime & Delinquency Office of Victim’s Services

Victim’s Compensation Assistance Program PO Box 1167

Harrisburg, PA 17101

Compensation may pay for:

Compensation will not pay

• LOSS OF PROPERTY

for:

• PAIN & SUFFERING • AUTO RELATED INJURIES (Unless inflicted in a DUI

Crash or by a vehicle used as a weapon)

• COUNSELING • FUNERAL EXPENSES • LOSS OF EARNING OR SUPPORT • MEDICAL EXPENSES • RELOCATION EXPENSES • CRIME SCENE CLEANUP • STOLEN SOCIAL SECURITY PENSION

Victim’s Compensation Assistance Program 1-800-233-2339

or Victim Services, Inc.

Crime Victim Compensation Coordinator 1-800-755-1983

PA SAVIN

To register, call 1-866-972-7284 Website:

: Pennsylvania’s Automated Victim Notification Service

PA SAVIN is Pennsylvania’s automated victim notification system. As a victim of crime, this service provides you with free, confidential notification regarding an offender’s release, transfer or escape. The PA SAVIN service includes offenders under the supervision of

www.pacrimevictims.state.pa.us

For more information or to file a claim call:

county jails, state prisons and the state Board of Probation and Parole.

VICTIM’S RIGHTS IN THE JUVENILE JUSTICE SYSTEM

Victims of offenders processed in the Juvenile Justice System must be afforded the following rights supported by the Victim’s of Juvenile Offenders Program.

After a crime is reported, the case is referred to the Juvenile Probation Intake Department. The victim is notified whether the offender is detained or released after arrest, and whether a petition alleging delinquency was filed. If the offender is detained, certain hearings will be held. The victim has a right to be accompanied by a family member, victim advocate, or other person providing support at all juvenile proceedings.

The victim has the right to submit prior comment to the prosecutor’s office or Juvenile Probation Department on the potential reduction of any charge(s), or possible diversion of any case, including Informal Adjustment or Consent Decree.

The victim has the right to offer prior comment on the disposition of an offender to include the submission of a written and oral victim impact statement. The written statement shall be included in any Social History submitted to the Court. A victim advocate may offer assistance in submitting a statement. The victim may also present oral testimony to the Court prior to the disposition of a case.

If an offender is placed in a Juvenile Facility, the victim has a right to receive prior notice of the date of the release of the offender, including a temporary leave from the facility. In addition, the victim will be notified of any escape of the offender from a Juvenile Placement Facility and notice of re-arrest of the offender.

The victim has the right to be notified of the details of the final disposition of the offender. All efforts will be made to restore the victim’s loss through restitution, compensation, and the return of property/evidence after disposition of the case. The victim shall be notified when the offender is released from supervision and the Court’s jurisdiction.

JUVENILE JUSTICE SYSTEM

In the past, the Juvenile Justice System was focused mostly on the offender. The State represented the victim who usually had a passive role. A new approach called Balanced and Restorative Justice became law in 1995. This law changed the Juvenile Act to “provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.” Offenders must follow the conditions of probation and participate in activities to learn new skills. The offender must also come to understand the impact of their crime on you, the victim.

To achieve this, we ask you to describe your loss, which may include financial restitution. The offender must also come to understand how the crime has affected your life. You will receive notices of proceedings and have opportunities to comment as decisions are being made in your case. The Victim Impact Statement, for example, is used by the Court to help determine how the juvenile will be held accountable for repairing the harm done to you.

Please take the time to review Victim’s Rights in the Juvenile Justice System.

If you have any questions, please call our Victim Liaison, at 814-445-1678 or (814) 445-1600.

FOR MORE INFORMATION ON VICTIM RIGHTS & SERVICES IN

PENNSYLVANIA www.pacrimevictims.org

Juvenile Justice System (FLOW SHEET)

TERMINOLOGY USED IN JUVENILE JUSTICE SYSTEM

Finding of Fact Hearing - A hearing where the Judge decides if an illegal act was committed and how the case can best be handled. If the juvenile admits to the charge, then testimony from the victim and other witnesses may not be necessary.

Contested Hearing -This hearing occurs if the juvenile is denying the charges in which case it is absolutely necessary that the victim and/or other witnesses be subpoenaed to testify.

Complaint Withdrawn - If the charges cannot be proven, then the juvenile is released from the jurisdiction of the Court. If the charges are proven, then an Adjudication/Disposition hearing is scheduled.

Social History -A background investigation of a juvenile including the victim impact statement and restitution information, presented to the Court before the Adjudication/Disposition hearing.

Adjudication/Disposition Hearing - can be divided into two parts. The Adjudication hearing is when the Court determines that the juvenile is delinquent and committed the crime. The Disposition is when the judge determines how the juvenile will be repairing the damage that has been caused to you, as well as the community and what competency development activities that the juvenile will be required to complete.

Probation - most common disposition imposed by the Court. The juvenile is supervised by a probation officer that insures compliance with all court ordered conditions.

Possible Diversions from Court Warn, Counsel, Close - No further action taken. Informal Adjustment -The case is held open for 3-6 months depending on the successful completion of certain conditions. Consent Decree

In Informal Adjustments and Consent Decrees, if the juvenile successfully completes conditions, he/she will be released from the jurisdiction of the Court. Failure to complete the conditions may result in charges being referred to the Court for further disposition.

-The juvenile’s case is held open for 6-12 months pending the successful completion of conditions.

Criminal Justice System (FLOW SHEET)

TERMINOLOGY USED IN ADULT CRIMINAL CASES

Preliminary Hearing -A hearing held at the District Magistrate’s Office to determine if there is enough evidence for the case to be bound over to Court.

Bail/Bond - Security, usually a sum of money, exchanged for the release of an arrested person, as a guarantee of that person’s appearance at trial.

Arraignment -A court proceeding for the accused to hear and receive a copy of the charges against him/her, in the presence of a judge.

ARD-Accelerated Rehabilitative Disposition -A program designed for first time offenders whereby the person is placed on unsupervised probation for a period of time, and required to complete certain conditions. If successfully completed, charges may be dismissed or expunged.

Pre-Sentence Investigation – A background investigation of an offender including victim input and/or the Victim Claim Form and the offender’s prior record, prepared for the Court before the offender is sentenced.

Probation -A period of supervision of an offender where he/she must report to a Probation Officer and complete certain Court Ordered conditions.

Parole - Release from incarceration where the offender must comply with conditions set by the Court or Paroling Authority and a Probation/Parole Officer supervises him/her.

State Intermediate Punishment (SIP) An alternative to a state sentence which targets drug dependent offenders and is supervised by the Department of Corrections for a flat two (2) year team.

Work Release - Release from incarceration on a daily basis for work, while serving a sentence in the County Jail.

Intermediate Punishment/Electronic Monitoring -A sentence in lieu of incarceration where the defendant serves his sentence confined in his home and monitored electronically.

East Patriot St.

East Main St.

East Union St.

East Fairview St.

East Catherine St.

PNCBANK

E-1

E-2E-3

North

Center

Ave

A B

CD

Parking Map LegendA - Union St. Offi ce Bldg. Career Link Southwestern PA Legal Services, Inc.

B - Somerset County Courthouse

C - Somerset County Employee Parking

D - Somerset County Jail

E1 - Domestic Relations

E2 - Children & Youth Services

E3 - Adult & Juvenile Probation

- Parking Meters

- Parking Lot

X - Free Parking

- Handicapped Parking