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FAQ

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A Guide to Jail/Prison Process FAQ
The offender in the criminal case in which I was a victim was sentenced to serve time in a state prison. I am still afraid of him and heard that he may get out and go to a community treatment center. How can I find out if this is true?

"​First, you will want to contact the Office of the Victim Advocate to make sure you are registered to receive this type of notification. If you are registered, this information will automatically be provided to you by letter prior to any decisions being made about his early release. You will also have the opportunity to tell why you are afraid of him. Your information will be considered by the Department of Corrections before a decision concerning early release is made. When you call, this office will check the status of the offender and can let you know if he is being considered for any type of early release program. Second, if you are not registered, you may do so by calling the Office of the Victim Advocate. Or you may also want to talk to an advocate at your localVictim Service Program who can help you register withPA SAVIN. Or you can call 1-866-972-7284 and register yourself. You will then be notified by telephone, at the number you provide, when that offender is released. Please note that if you register with PA SAVIN you will be notified of releases but you will not be notified concerning the opportunity to offer prior comment. That service is only provided to you when you register with the Office of the Victim Advocate."

The person who assaulted me received a state sentence; however, they were permitted to serve their sentence in the county jail. Where can I go to find out when that person is going to be released? 

"​Although the offender is serving his sentence in a county jail his release is still determined by the state office of the Board of Probation and Parole. You will want to contact theOffice of the Victim Advocate to make sure you are registered to receive this type of notification. If you are registered, you will be notified by letter when the offender is going to be considered for parole. You will also have the opportunity to offer prior comment on the release of the offender. The Office of the Victim Advocate will notify you when a decision is made concerning release. If you are not registered, you may do so by calling the Office of the Victim Advocate. And you will also want to talk to an advocate at your localVictim Service Program who can help you register withPA SAVIN. Or you can call 1-866-972-7284 and register yourself. You will then be notified by telephone, at the number you provide, when that offender is released. Please note that if you register with PA SAVIN you will be notified of releases but you will not be notified concerning the opportunity to offer prior comment. That service is only provided to you when you register with the Office of the Victim Advocate."

 

Additional Statutory Rights FAQ
The offender in the criminal case in which I was the victim was sentenced to serve 4 to 8 years state time but I heard that sometimes the Department of Corrections will ask the court to resentence an offender. Is that possible?
"Yes, there is a program called State Intermediate Punishment (SIP) that is a two year sentence. The Department of Corrections (DOC) may request the court to resentence an eligible offender to the SIP Program; however, you will have the opportunity to submit a victim impact statement to tell the court how you feel about the resentencing. You will need to talk to the victim/witness coordinatorVictim Service Program in the district attorney’s office about receiving that notification and assistance with completing a victim impact statement. If the offender has already been sentenced you will need to contact theOffice of the Victim Advocate to register for notification and provide input into any pre-released parole review of the offender."    

 
Adjudication Hearing FAQ  
What is an adjudication hearing?

​This is like a trial in adult court. The judge hears testimony and evidence is provided. There is no jury in a juvenile proceeding.

What is the difference between adjudication and being found guilty?

​Juvenile court does not find a juvenile defendant 'guilty' but the judge 'adjudicates' the juvenile 'delinquent'. Adult criminals are found guilty, which carries with it punishment. Juveniles are not punished for being adjudicated delinquent; they are provided 'treatment'. This is based on the principal that we must nurture and help our children to become productive citizens.

 
Advocacy FAQ
Do I have to pay for the services of an advocate?

No. The services provided by an advocate are free.

How can I find an advocate in my county to help me?

Advocates can be located at Victim Service Programs in your county. Please click on find a local victim service program and click on the county where you want to find an advocate.

I was a victim of rape but did not report the crime to the police; can an advocate still help me?

Yes, even if you did not report the crime, the advocate can talk to you about services you may be eligible for, such as free counseling.


Appeals FAQ

How will I know if the offender filed an appeal in the criminal case in which I am a victim?

You will only receive this notification if you request it. You will want to talk to the victim/witness coordinator in the district attorney’s office to let them know you want to be notified if any appeals are filed.


Available Services FAQ  

How will I know what my rights are as a victim of crime?

​Law enforcement may have already given you a brochure that has basic information about the Rights for victims of crime and available services. Listed in that brochure are the names, addresses and telephone numbers of theVictim Service Programs in your county that you can contact for assistance. Or, if you return to theAdult criminal justice flow chartyou will see an “R” listed beside each step in the criminal justice system where you as a victim of crime have a specific right.

How can I get help in filing a victim’s compensation claim?

​There are several ways you can get help in filing a compensation claim. Law enforcement may have already given you a brochure that contains a list ofVictim Service Programs. You may contact one of them for assistance. Or you can click on victim service programs and locate a program in your county or you can contact the Victims Compensation Assistance Program directly toll-free at 800-233-2339 for assistance.

I am a Pennsylvania resident but I was a victim of crime in another state, will I be provided these rights?

​No. These specific rights are provided to people who were victims of crime in Pennsylvania. Each state provides rights to people who were victimized by crime. For assistance, you may want to call your localVictim Service Program for help in locating a victim service program in the state in which you were a victim.


Available Services Rights FAQ  

How will I know what my rights are as a victim of crime?

​Law enforcement may have already given you a brochure that has basic information about the Rights for victims of crime and available services. Listed in that brochure are the names, addresses and telephone numbers of thevictim service program in your county that you can contact for assistance. Or, if you return to thejuvenile justice flow chart you will see an “R” listed beside each step in the juvenile justice system where you as a victim of crime have a specific right.

I am a Pennsylvania resident but I was a victim of crime in another state, will I be provided these rights?

​No. These specific rights are provided to people who were victims of crime in Pennsylvania. Each state provides rights to people who were victimized by crime. For assistance, you may want to call your local victim service program for help in locating avictim service program in the state in which you were a victim.

Do I have to pay for the services I receive from the victim service program or the district attorney’s office?

​No. The services provided by a county victim services program and the district attorney’s office are free.

How will the police contact me to tell me if the juvenile was caught?

​You will need to provide a valid address and telephone number to the police or any agency responsible for providing information and notice to you. You will also need to provide timely notice of any changes to your address or telephone number.

I need to complete the restitution form for the court so the judge can order restitution in the case in which I was a victim. How can I prove how much my stolen property is worth?

​You may be able to provide receipts or estimates of value from stores or the Internet but you may want to talk to an advocate at your local victim service program.

The police recovered some of my property which was taken in a burglary. How long will the police hold my recovered property?

​The police will need to hold the property until all court actions are completed. The district attorney assigned to each case will decide when the property is no longer needed or if photographs are all that is needed. You may want to talk to an advocate at your localvictim service program that can assist you with this.

How can I get help in filing a victim’s compensation claim?

​There are several ways you can get help in filing a compensation claim. Law enforcement may have already given you a brochure that contains a list of victim service programs. You may contact one of them for assistance. Or you can click onvictim service program and locate a program in your county or you can contact the Victims Compensation Assistance Program directly toll-free at 800-233-2339 for assistance.


Boot Camp FAQ  

I was just informed that the inmate in the case in which I was a victim may get to participate in a motivational boot camp. What is boot camp?

"​Inmates in boot camp are under a rigid six-month disciplinary training program that, if successfully completed, results in their immediate release on parole to a 30-day stay at a community corrections center. Inmates must meet specific criteria for boot camp and receive a recommendation from the sentencing judge at the time of sentencing or the Department of Corrections to be accepted in boot camp. For more information about boot camp, please contact theOffice of the Victim Advocate. You will need to be registered with the Office of the Victim Advocate to receive notification about the inmate’s participation in boot camp."

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Consent Decree FAQ

What is a consent decree?

​A consent decree for the juvenile is offered by the district attorney after the petition is filed, it is probation generally lasting no more than six months but can be expanded for up to another six months by the court if they have good reasons.      

Will I get a chance, as a crime victim, to comment on a consent decree?

​Yes, if you are a victim of a personal injury crime or burglary. Some counties allow comments by any crime victim prior to a consent decree. You may want to ask your local juvenile victim service program staff.

 
Counseling Therapy FAQ

Since the crime, I think I need counseling but do not have health insurance. What can I do?

​You may be eligible through the Victims Compensation Assistance Program for financial assistance to help with the cost of counseling. You may also be able to obtain free counseling from a victim service program in your area. Please click on find a local victim service program to find assistance in your area.

 
County Jail FAQ

It is almost time for the person who assaulted me to be released from the county jail, how can I find out when he is going to be released?

​​You may want to contact theVictim Service Program within the district attorney’s office. The victim/witness coordinator from that office can help you register withPA SAVIN. Or you can call toll-free at 1-866-972-7284 and register. You will then be notified by telephone, at the number you provide, when that offender is released.  

The person who assaulted me received a state sentence; however, they were permitted to serve their sentence in the county jail. Where can I go to find out when that person is going to be released

"​Although the offender is serving his sentence in a county jail his release is still determined by the state office of the Board of Probation and Parole. You will want to contact theOffice of the Victim Advocate to register to receive this type of notification. Once you register you will be notified by letter when the offender is going to be considered for parole. You will also have the opportunity to offer prior comment on the release of the offender. The Office of the Victim Advocate will notify you when a decision is made concerning release. And you may want to contact theVictim Service Program within the district attorney’s office. The victim/witness coordinator from that office can help you register withPA SAVIN. Or you can call 1-866-972-7284 and register yourself. You will then be notified by telephone, at the number you provide, when that offender is released. Please note that if you register with PA SAVIN you will be notified of releases but you will not be notified concerning the opportunity to offer prior comment on the release of the offender. That service is only provided to you when you register with theOffice of the Victim Advocate."  

The person who assaulted me is serving time in the county jail, how will I know if he escapes?

​​​You can register with PA SAVIN to be notified if the offender escapes by contacting the victim service program within the district attorney’s office. The victim/witness coordinator from that office can help you register. The offender will not know you are registered with this service. You may not want to depend solely on this service for your protection. If you feel you are at risk, takesafety precautions and contact your local Victim Service Program.


Determination of Juvenile Court Jurisdiction FAQ

Who decides if the juvenile court has jurisdiction and how do they make that decision?

​The district attorney or the juvenile probation officer makes that decision. The general rule is that the juvenile offender must be less than 18 years old at the time of the offense and the crime must be a misdemeanor or felony. Some serious crimes may result in adult charges for juveniles 14 years of age or older.


Dispositional Hearing FAQ

Do I have to submit a victim impact statement or restitution claim form?

​​No. It is entirely up to you as the victim to decide how involved you want to be in the process. You may want to talk to an advocate at your localvictim service program that can provide you with additional information to help you make your decision.    

What is a personal injury crime victim? It seems to be part of a lot of crime victim’s rights.

​A individual would be considered a ‘personal injury crime victim’ if they were a victim of one of the following crimes: assault, sexual assault, arson and related offenses, robbery, kidnapping, victim witness intimidation, the violation of a protection from abuse order, some driving under the influence offenses, homicide by vehicle or homicide by watercraft while under the influence, as well as hit and run crashes resulting in injury.

  

Diversion FAQ

What is the difference between police diversion and court diversion?

​​​Police diversion happens before an allegation of delinquency is filed. Court diversion happens after the allegation and sometimes after the petition are filed.      

What happens if the juvenile does not perform the requirements of diversion that have been set?

​The juvenile’s case will be put back into the juvenile court docket to be handled.