Pennsylvania § 6140 - Victim statements, testimony and participation in hearing.

§ 6140. Victim statements, testimony and participation in hearing.

(a) Duty of district attorney to provide notice.--

(1) The victim of the offense for which an offender is sentenced shall be notified by the district attorney immediately following sentencing, in cases where the defendant has been sentenced to a term of imprisonment, that the victim and family member shall have the opportunity to present a statement for the parole report to be considered at the parole hearing or to testify to the board expressing his opinion concerning the release of the offender.

(2) The district attorney shall provide notice to a member of the immediate family of the victim if the victim:

(i) is a juvenile;

(ii) is incapable of testifying; or

(iii) died as a result of the offender's conduct.

(b) Notice of intent to submit statement.--In order to submit a statement under subsection (a), a victim and family member must notify the board through the Office of Victim Advocate of the victim's and family member's intention to do so and provide and keep current an appropriate mailing address with the Office of Victim Advocate.

(c) Contents of parole statement.--The parole statement may include discussion concerning:

(1) The continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim.

(2) The extent of any loss of earnings or ability to work suffered by the victim.

(3) The continuing effect of the crime upon the victim's family.

(d) Notice to persons who previously contacted the Office of Victim Advocate.--

(1) At the time public notice is given that an offender is being considered for parole pursuant to this section, the Office of Victim Advocate shall also notify any victim or nearest relative who has previously contacted the Office of Victim Advocate of the opportunity to provide a statement for inclusion in the parole report or to present testimony for inclusion at the parole hearing.

(2) The Office of Victim Advocate shall notify the victim and family member identified under paragraph (1) at that person's last known mailing address. The notification required by this section shall be given by the Office of Victim Advocate in the case of a parole to be granted pursuant to section 6139 (relating to parole procedure) or by the court in the case of a parole to be granted pursuant to section 6172 (relating to probation services).

(e) Notice of intent to present testimony.--The victim and family member shall notify the Office of Victim Advocate which shall notify within 30 days from the date of the notice of his intent to present testimony at the parole hearing. This time period may be waived by the Office of Victim Advocate for good cause.

(f) Referral to hearing examiner.--If the victim and family member submits a written statement to the board through the Office of Victim Advocate subsequent to notice, the statement shall be made a part of the board's file on the offender, and the offender's case shall be referred to a hearing examiner designated to conduct parole release hearings.

(g) Assignment to hearing examiner.--If the victim and family member informs the board through the Office of Victim Advocate subsequent to notice being provided that they intend to testify, the chairperson shall assign the offender's case to a hearing examiner for the purpose of receiving the person's testimony.

(h) Hearing procedure.--

(1) The assigned hearing examiner shall conduct a hearing within 30 days from the date the board received notification of the intent to offer testimony.

(2) The hearing shall be conducted at a time and place and on a date determined by the chairperson or designee. Notice of the time, place and date of the hearing shall be provided by the Office of Victim Advocate to the victim and family member, in writing, and shall be provided at least ten days prior to the hearing date.

(3) The hearing shall be recorded by an electronic recording device.

(4) The hearing examiner shall prepare a written statement within a reasonable time prior to the hearing date. A copy of the statement shall be forwarded to the person offering testimony. A copy of the report shall be made a part of the board's file on the offender.

(5) Upon completion of the written statement, the offender's case shall be referred to a hearing examiner designated to conduct parole release hearings.

(6) (i) The hearing scheduled pursuant to this section shall be conducted, when possible, prior to a parole release hearing and prior to the board rendering a decision.

(ii) Nothing in this section shall be construed to preclude the board from conducting a timely parole release hearing.

(7) After submission of the statement, the board shall within a reasonable time:

(i) Evaluate the information provided.

(ii) Determine whether the decision shall be affirmed or modified.

(iii) Determine whether a rescission hearing shall be conducted.

(iv) Notify the offender in writing of its decision.

(8) Notwithstanding any other provision of law, any and all statements or testimony of the victim and family member submitted to the board or the Office of Victim Advocate pertaining to:

(i) the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim;

(ii) the extent of any loss of earnings or ability to work suffered by the victim; and

(iii) the continuing effect of the crime upon the victim's family:

(A) Shall be deemed confidential and privileged.

(B) Shall not be subject to subpoena or discovery.

(C) Shall not be introduced into evidence in any judicial or administrative proceeding.

(D) Shall not be released to the offender.

(9) All records maintained by the board or the Office of Victim Advocate pertaining to victims shall be kept separate. Current address, telephone numbers and any other personal information of the victim and family members shall be deemed confidential.

(10) Notwithstanding any other provision of law, no person who has had access to a report, record or any other information under this section shall disclose the content of the report, record or other information or testify in a judicial or administrative proceeding without the written consent of the victim.

(11) A victim and the family member who has submitted a written statement for the parole report or testified at a hearing pursuant to this section shall be notified by the board through the Office of Victim Advocate of the final decision rendered in the offender's case.

(12) If the final decision is to not release the offender and if, subsequent to that decision, additional parole release hearings are conducted for that same offender, then the victim and family member who has submitted a written statement for the parole report or who has testified at a hearing pursuant to this section shall be notified by the board through the Office of Victim Advocate at the last known address if and when additional parole hearings are scheduled by the board.

(i) Victim and family member.--The term "victim and family member" shall be interpreted and applied to include all victims and family members and shall not be interpreted or applied to exclude any victim, victim's representative or family member who wishes to submit a statement, testify or otherwise participate under this section.

(Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

Cross References. Section 6140 is referred to in sections 6134.1, 6135, 6139, 6173 of this title.