VICTIM RESTITUTION

WHEREAS victims of crimes against property or persons should be compensated by the perpetrator. Exodus 21:18-22:15; Leviticus 24:18-21a; Deuteronomy 19:21

WHEREAS people who commit crimes against persons should "pay for the loss of the victim's time and shall have the victim thoroughly healed." Exodus 21:19

WHEREAS people who commit crimes against property should "make full restitution.” Exodus 22:1b

WHEREAS the victim's compensation should not be based on vengeance against the criminal, but on restitution for the victim. Deuteronomy 32:35.

WHEREAS restitution awarded in criminal proceedings tends to be for payment of “special damages,” such as property damage, lost wages, and medical bills, as directed in the Covenant and Deuteronomic Codes, cited above.

WHEREAS the compensation of “general damages,” such as pain, suffering, and mental anguish tends to be determined through civil litigation and tort.

WHEREAS 18 Pennsylvania Consolidated Statutes currently provides:

“1106 Restitution for injuries to person or property.

(a) General Rule.-Upon conviction for any crime wherein property has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime, or wherein the victim suffered personal injury directly resulting from the crime, the offender may be sentenced to make restitution in addition to the punishment prescribed therefore.”

WHEREAS the language of the statute leaves restitution entirely to the discretion of each judge.

WHEREAS the Commonwealth of Pennsylvania does not provide for victims to participate in sentences or plea-bargains, which is one of the primary reasons why victim restitution is so frequently overlooked.

WHEREAS, because victims rights, and restitution, are frequently not part of sentences or plea bargains, Pennsylvania ranks 46^th among the 50 States in restitution awards.

WHEREAS victims who are not compensated through restitution are compelled to resort to civil litigation to recover whatever compensation for both special and general damages as might be available. This implies that the victim must incur attorneys' fees and other costs in addition to the special damages they have already suffered. These attorneys fees and other costs should e borne by the offender as part of the victim=s compensation.

WHEREAS victims who are not compensated through restitution, and cannot afford litigation, must turn to the tax driven Crime Victims’ Compensation Fund, which seldom has the resources to make the needed compensation.

WHEREAS the failure of the Commonwealth to account for victims' rights and restitution with the criminal process causes protracted litigation in violation of Matthew 5:38, Matthew 18:15-17, and 1 Corinthians 6:1-8.

III

WHEREAS Provision 69F of The Book of Discipline of the United Methodist Church, 1996, "rejects all misuse of" courts such as the perpetration of litigation, and "urges the creation of genuinely new systems for the care and support of the victims of crime".

WHEREAS in 1984 the United Methodist Church adopted its position on restitution and criminal justice:

"The primary purpose of a sentence for a crime is ...restitution of the victim...

“Therefore we assert that:

“4. Sentences to restitution ... provide economical, rational, and humane systems of justice for non-dangerous offenders and provide justice for the victim”. “Criminal Justice,” 1996 the Book of Resolutions of the United Methodist Church, p. 524.

WHEREAS 18 CPSA 1106 could be brought into accord with the intent of the law, the scripture and the Discipline if it were amended to read:

(a) General Rule.-Upon conviction for any crime wherein property has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime, or wherein the victim suffered personal injury directly resulting from the crime, the offender should be sentenced to make restitution in addition to the punishment prescribed therefore. The presiding judge shall state in the sentencing order the reasons for awarding or withholding restitution.

WHEREAS such an amendment would encourage the award of restitution to the victim while still allowing for judicial discretion.

RESOLUTIONS

THEREFORE BE IT RESOLVED that the Western Pennsylvania Conference of the United Methodist Church calls upon the General Assembly of the Commonwealth of Pennsylvania to enact general legislation which empowers victims to fully and openly participate in the sentencing and plea bargaining process.

THEREFORE BE IT RESOLVED that the Western Pennsylvania Conference of the United Methodist Church calls upon the General Assembly of the Commonwealth of Pennsylvania to amend 18 CPSA 1106 as shown above, to encourage restitution -- at least for special damages -- as part of every sentence or plea bargain.

THEREFORE BE IT RESOLVED that the Western Pennsylvania Conference of the United Methodist Church calls upon the Commonwealth of Pennsylvania to enact general legislation which requires the civil courts to include costs and attorney’s fees as part of any judgment for general damages from a criminal action.

VICTIM REPRESENTATION

WHEREAS the United Methodist Church adopted a resolution regarding the Victims of Crime in 1988. The Book of Resolutions of the United Methodist Church, 1996, p. 579/580.

WHEREAS that Resolution provided that:

"There is no doubt that many (victims of crime) feel frustrated because often there seems to be no provision for them to be heard, or their injuries redressed, and they are not notified of the court procedures.

"This is an area where the Church has an opportunity to minister.

"Therefore, we call upon the members of the United Methodist Church to minister to the victims of crime and to be advocates for them, and we call upon the General Conference:

1. To direct the General Board of Church and Society to work for the recognition of the needs of victims of crimes and survivors to certain rights;

3. To recognize that the constitutional rights of the accused must be provided. Victims of crime or their lawful representative, including the next of kin of homicide victims, are entitled to be kept informed during criminal proceedings, to be present at the trial, and to be heard at the sentencing hearing as well as an impact statement at the time of the parole consideration;

6. To urge all members of The United Methodist Church to initiate presence, prayers, and support for victims and survivors as well as strategies to bring about necessary changes in the current criminal justice system."

WHEREAS 42 CPSA 9711. Sentencing procedure for murder of the first degree, (a) and (b), provides that:

"In the sentencing hearing, evidence of the victim and the impact that the death of the victim has had on the family of the victim is admissible."

WHEREAS similar language does not appear in Pennsylvania=s other sentencing statutes.

WHEREAS "It is incumbent on the sentencing court, before it enters an order of restitution, to consider on record amount of loss suffered by victim, fact that such loss was caused by conduct of the defendant, that amount awarded does not exceed defendant's ability to pay, and type of payment that will best serve needs of victim and capabilities of defendant." Commonwealth v. Woods 446 A.2d 948, Super. (1982).

WHEREAS although such a record is required, present Pennsylvania law does not provide that "Victims of crime or their lawful representative, including the next of kin of homicide victims, be kept informed during criminal proceedings, to be present at the trial, and to be heard at the sentencing hearing as well as an impact statement at the time of the parole consideration.”

WHEREAS one of the primary reasons why victim restitution is so frequently overlooked is that the Commonwealth of Pennsylvania does not provide for victims to participate in sentences or plea bargains.

III

WHEREAS victims who are not compensated through restitution are compelled to resort to civil litigation to recover whatever compensation might be available for both special and general damages. This implies that the victim must incur attorneys' fees and other costs in addition to the special damages they have already suffered. These attorneys’ fees and other costs should be borne by the offender as part of the victim’s compensation.

WHEREAS the victim’s attorney fees and other costs are not allowed as part of restitution because there is no enabling statute. Commonwealth v. Angelo 18 D.&C.3d 795 (1981), Commonwealth v. Shady 14 D.&C.3d 767 (1980).

WHEREAS the failure of the Commonwealth to account for victims' rights and restitution with the criminal process causes protracted litigation in contradiction of Matthew 5:38, Matthew 18:15-17, and 1 Corinthians 6:1-8.

WHEREAS 18 CPSA 1106. Restitution for injuries to persons or property and 42 CPSA 9721. Sentencing generally should be amended to read:

“The victim shall be duly notified of the date, time and place of the sentencing hearing. The victim shall have the right to present evidence and testimony at that hearing regarding the impact that the crime has had on him and his family. He shall have the right to be represented by counsel at such hearing, and the attorney fees and other costs of such hearing shall be considered as part of the restitution award.”

THEREFORE BE IT RESOLVED that the Bishop, and General Board of Church and Society, should contact every member of the General Assembly of the Commonwealth of Pennsylvania and urge them to enact legislation which would:

1) require that victims be allowed to participate in sentencing hearings or plea bargains, in every Offenses Involving Danger to the Person or Offenses Against Property;

2) require that victims be allowed to present information regarding their damages;

3) provide that victims have the right to be represented by counsel during plea bargains and sentencing hearings, and that the attorney fees and other costs be considered as part of the restitution award.

VICTIM RESTITUTION AND PARTICIPATION passed the Western Pennsylvania Conference of the United Methodist Church on June 13, 1998. The Pennsylvania General Assembly amended 18 CPSA 1106 to require restitution, and this was signed into law on August 28, 1998.

VICTIM RESTITUTION

THANK YOU

WHEREAS in June, 1998, the Western Pennsylvania Conference of the United Methodist Church passed a resolution urging the General Assembly of the Commonwealth of Pennsylvania to adopt legislation requiring restitution for victims of crimes.

WHEREAS gaining restitution from the offender to the victim requires the offender to take greater responsibility for the offence and loss, encourages reconciliation between the offender and the victim, makes crime enforcement more scriptuarally sound, and provides economical, rational, and humane systems of justice for non‑dangerous offenders and provide justice for the victim.

WHEREAS on February 11, 1997 Representatives Caltagirone, DeLuca, Staback, Lucyk, Geist, Clark, Daley, Rooney, Pesci, Battisto, Tigue, Van Horne, Herman, McCall, Laughlin, Trello, Mihalich, Boscola and Preston introduced House Bill 413 into the 1997 Session of the General Assembly of the Commonwealth of Pennsylvania. This Bill corrected 18 CPSA 1106 to require that "the offender must be sentenced to make restitution".

WHEREAS Governor Ridge signed HB 413 into law on August 25, 1998.

THEREFORE BE IT RESOLVED that the Western Pennsylvania Conference of the United Methodist Church commends the authors and sponsors of the House Bill 413 for bringing the statutes of the Commonwealth of Pennsylvania into closer accord with the scriptural standards, and further commends Governor Ridge for enacting such legislation.

THEREFORE BE IT FURTHER RESOLVED that the United Methodist Witness in Pennsylvania is tasked to develop appropriate correspondence for the Bishop of the Western Pennsylvania Conference to sign and deliver to Governor Ridge and the General Assembly of the Commonwealth in celebration of their work on this issue.

Roger L. Thomas, and Baldwin Community United Methodist Church

INITIATIVES AND REFERENDUMS

WHEREAS we are directed by the word and example of Christ to participate in the government. Examples are shown in Matthew 22:21, Mark 12:17, and John 18:4-8.

WHEREAS Romans 13:1-7, shows that the government is instituted, and intended, to be God's servant for the public good.

WHEREAS according to 1 Peter 2:11-17, we are to live as free people, within human institutions, as servants of God.

WHEREAS the 1996 Book of Discipline of the United Methodist Church, at section 68B, provides that:

"The strength of the political system depends upon the full and willing participation of its citizens."

WHEREAS according to p. 2 of the Pennsylvania Department of Community Affairs’ Referendum Handbook, the General Assembly of the Commonwealth of Pennsylvania "may by law provide for any type of statewide referendum."

WHEREAS Article IX, provision 14 of the Pennsylvania Constitution provides a model for initiatives and referendums:

“Initiative” means the filing with the applicable election officials at least ninety days prior to the next primary or general election of a petition containing a proposal for referendum signed by electors comprising five percent of the number of electors voting for the office of Governor in the last gubernatorial general election in each municipality or area affected. The applicable election official shall place the proposal on the ballot in a manner fairly representing the content of the petition for decision by referendum at said election. Initiative on a similar question shall not be submitted more than once in five years.

“Referendum” means approval of a question placed on the ballot, by initiative or otherwise, by a majority vote of the electors voting thereon.

WHEREAS the Commonwealth has never passed a general initiative or referendum statute, but only authorizes them in very specific circumstances.

WHEREAS the Third Class City Code, 81 Consolidated Pennsylvania Statutes Annotated 36030 et seq, provides a process by which cities such as Pittsburgh and Philadelphia can allow their citizens to speak on issues. The process involves about seven steps, and requires about three months:

1) 100 voters must ask the city clerk to prepare a petition.

2) The clerk has 10 days to draft the petition and publish a notice in the papers.

3) 20% of the city’s voters must then go to the clerk’s office and sign the petition, under oath, within 15 days.

4) The clerk then has 10 days to verify every signature from the record of registered voters.

5) The City Council then has 20 days to debate the proposal.

6) If the City Council does not pass the resolution, it is turned over to the County Board of Elections to be included on the ballot at the next election.

7) If the majority of the voters support the proposal it becomes law for at least two years.

8) The City Council may submit a referendum to repeal the proposal at any time.

WHEREAS in addition to this complex procedure, there is a long list of exclusions which cannot be submitted to the public at all.

WHEREAS under Pennsylvania law, citizens of smaller communities have no right of initiative or referendum at all.

WHEREAS Pennsylvania is one of only six states which do not provide for public initiatives or referendums.

WHEREAS the standard initiative law in the American States provides that if 10% of the voters petition for an initiative or referendum, the issue is placed on the next election ballot as written in the petition.

WHEREAS the standard referendum law in the American States provides that the legislature may submit a proposal to the voters by a majority vote of the legislature.

WHEREAS the argument against the right of initiative and referendum is that "If you don't trust your government, elect people you do trust and change the laws the way you want them."

WHEREAS when the Commonwealth of Pennsylvania was founded, less than 30% of the population was literate, and travel to the capital could require a full week.

WHEREAS according to p. 4 of the Referendum Handbook, lacking such a general referendum statute, "the judicial attitudes toward initiative and referendum has been generally chilly."

WHEREAS an example of this “generally chilly” judicial attitude is found in Williams v. Rowe, 383 A.2d 881 (1971) which holds that citizens in representative democracy delegate their rights of participation to their representatives.

WHEREAS to encourage “the full and willing participation of citizens" according to the Discipline, the Western Pennsylvania Conference of the United Methodist Church should encourage the enactment of a general initiative and referendum statute, as part of the Election Code at 25 CPSA 2600 et seq., which is generally consistent with Article IX of the Constitution. This enabling statute should:

1) Require the filing of a petition containing a proposal for referendum

2) with the applicable election officials

3) at least ninety days prior to the next primary or general election

4) which proposal has been signed by electors comprising five percent of the number of electors voting for the office of Governor in the last gubernatorial general election

5) in each area affected.

6) The applicable election official should place the proposal on the ballot

7) in a manner fairly representing the content of the petition

8) for decision by referendum at said election.

9) Initiative on a similar question should not be submitted more than once in five years.

THEREFORE BE IT RESOLVED that the Western Pennsylvania Conference of the United Methodist Church calls upon the Commonwealth of Pennsylvania to enact general legislation which empowers its citizens to fully and willingly participate in their government through initiative and referendum. Such statute should be generally consistent with Article IX of the Constitution.

III

VICTIM RESTITUTION

THANK YOU

INITIATIVES AND REFERENDUMS

STATE INITIATIVES AND REFERENDUMS passed the Western Pennsylvania Conference of the United Methodist Church on June 13, 1998.