2011 from 2010 Change 2010 from 2009 Change
Number of victims served 6,015 -15% 7,084 21%
Court Accompaniment 2,689 -15% 3,154 29%
Case Status to Victims 6,427 -1% 6,480 27%
Supportive counseling 5,397 -5% 5,685 52%
Spoke to victims regarding issues of intimidation 253 7% 237 38%
Prior Comment 4,148 60% 2,598 25%
Paperwork sent to Victims 3,658 -15% 4,320 24%
Prelims Attended with victims 1,520 -26% 2,057 51%
Source: Victim/Witness Unit, York County District Attorney’s Office In 2011, a total of 65,509 services were provided to victims.
Coordinators attend preliminary hearings whenever possible to provide services to crime victims. The initial contact with a victim usually occurs when the Victim/Witness Coordinator
York County Criminal Justice Trends Report
2010
| The Court System 51 screens the case following formal arraignment. Victims are sent a packet of paperwork that includes information on the victim's rights, an impact statement form, a restitution form, a victim response form, and when applicable, a Crime Victim Compensation application and/or an ARD opinion form. Coordinators are responsible for contacting victims with information on when to appear for a criminal trial. Disposition letters with sentencing information are sent to all crime victims. Additionally, coordinators provide information to victims regarding post sentence appeals filed by a defendant.
The Statewide Automated Victim Information and Notification System (SAVIN) is available to anyone who wants to know when an inmate is released from a county or State prison.
Registrations are anonymous and can be done on line or by phone. The web site to register is
www.vinelink.com or toll free at 1-866-847-1298.
In 2011, the following was true of victims who were contacted by the District Attorney’s Office: • 16% of all victim cases are related to domestic violence.
• 52% percent of all assault victims are related to domestic violence. • 23% of all sexual assault cases are related to domestic violence. • 17% of all victims are the result of DUI or other vehicular crime. • 36% of all victims are the result of misdemeanor crimes.
• 37% of all victims are the result of major crimes. • 3% of all victims are the result of child abuse crimes. Accelerated Rehabilitative Disposition (ARD)
Accelerated Rehabilitative Disposition (ARD) is a type of intermediate punishment provided for by the Pennsylvania Code. The primary purpose of ARD is the rehabilitation of the offender, with a secondary goal being the prompt disposition of charges, allowing for the elimination of costly and time-consuming trials and other court proceedings. Generally, those eligible for ARD are first time offenders with relatively minor charges that would benefit from treatment and rehabilitation over punishment [Chapter 3 PA Code]. If a person entering ARD successfully completes the program, their record is expunged.
The District Attorney has the responsibility for determining the cases recommended for entry into the ARD program, in effect operating as a “gatekeeper.” In York County, the District Attorney has established an application based on a point system to determine eligibility for the program. Individuals with any of 23 serious charges are barred outright, and other offenders are permitted based on consideration of past offenses, endangerment or harm done to others, other pending charges, and the opinions of the victim(s), police officer, and prosecutor
York County Criminal Justice Trends Report
2010
52 The Court System |
Source: York County District Attorney’s Office
First time DUI offenders often accept ARD, when eligible. ARD is a potential disposition in many DUI cases, excluding those where the individual has one or more prior DUIs in the last ten years; where the DUI resulted in an accident that caused death or serious bodily injury to another; or where a minor under the age of 14 was present in the vehicle at the time of offense.
Private Criminal Complaints
The District Attorney’s Office is designated by the State Rules of Criminal Procedure as the office to which private criminal complaints are submitted, prior to consideration by a Magisterial District Justice. Private criminal complaints occur when a private citizen, rather than a police officer, wishes to file criminal charges against an individual.
Before a private criminal complaint is accepted, the complainant must verify they have reported the alleged crime to the police of local jurisdiction. Private criminal complaints are investigated by County Detectives, who verify facts, collect documentation, complete an investigative report, and submit the complaint to an Assistant District Attorney for review.
The assigned Assistant District Attorney decides whether the complaint is to be approved, denied, or referred to police for prosecution. Approved
complaints proceed through the appropriate Magisterial District Justice’s office and charges are
1253 1116 704 604 0 500 1,000 1,500 2,000 2,500 2010 2011
Fig. 27: Offenders in the ARD Program, 2010 - 2011
non-DUI DUI
1,957 Total 1,720 Total
64% 65%
Table 29: Private Criminal Complaints, 2010 - 2011
2010 2011
% Change from Prior Year Number of complaints 121 137 13% Source: York County District Attorney’s Office
York County Criminal Justice Trends Report
2010
| The Court System 53 filed. Denied complaints were found to have insufficient evidence to substantiate the claim, and referred complaints are sent to the local police jurisdiction for further investigation. Bad check complaints are a type of private criminal complaint. These complaints follow the same procedure as for other types of private criminal complaints, except that local police do not need to be notified prior to filing of the complaint. These complaints are often addressed through the Bad Check Restitution Program.
Bad Check Restitution Program
Millions of dollars are lost every year by merchants as a result of bad checks, the costs of which are then passed on to consumers to offset losses, and result in increased taxes to cover the additional costs for law enforcement and prosecution. In an effort to combat this problem, the District Attorney’s Office has established the Bad Check Restitution Program to assist local merchants with bad check losses. The primary goal of the program is to obtain full restitution for the victim without adding to the financial burden of the criminal justice system. In addition to paying restitution, first time bad check offenders are given the opportunity to avoid criminal prosecution by attending a mandatory intervention class.
Bad check reports are simple to file and follow-up action is prompt. Upon recovery, 100% of the face value of the check is returned to the victim. There is no minimum dollar restriction. Bad check offenders must complete an educational class at their own expense, and the program operates at no cost to the County or the taxpayers.
The successful operation of the District Attorney’s Office reflects significantly on the financial bottom line for York County. Removing dangerous individuals from the streets contributes to a safer and robust community. Addressing non-violent offenders through alternative programs such as drug and DUI Courts or ARD not only saves the County cost of incarceration but also allows low-level offenders the opportunity to make amends while learning from their mistake. Pursuit of convicted persons for restitution and court costs insures the community is made whole and contributes to the success of other county departments, thereby reducing the need for taxes.