Opinion

Commonwealth v. Figueroa

  • 456 Pa. Super. 620
  • 691 A.2d 487
  • 1997 Pa. Super. LEXIS 583
Court
Superior Court of Pennsylvania
Filed
Mar 18, 1997
Status
Published
Author
Saylor
On the bench
Tamilia, Saylor, Olszewski
Cited by
20 cases

no restitution to Department of Corrections to compensate for indirect expenses for medical treatment of victim of attack

How later courts described this case

  • no restitution to Department of Corrections to compensate for indirect expenses for medical treatment of victim of attack
  • imposition of restitution is within sound discretion of the sentencing court and must be supported by the record
  • imposition of restitution is left to trial court's discretion, but must be supported by the record

Written by the judges who cited it.

The opinion

SAYLOR, Judge,

concurring.

I join in the decision to vacate the order of restitution because I conclude, as does Judge Tamilia, that the sums *628 expended by the Department of Corrections for the victim’s medical care did not constitute “reimbursement [provided by a government agency] to the victim as a result of the defendant’s criminal conduct” within the meaning of the restitution statute as recently amended (effective July 3, 1995). Accordingly, such sums are not recoverable as restitution in a criminal proceeding.

Although not applicable to this case, the recently enacted Prison Medical Services Act (effective May 16, 1996), cited in the dissent, appears to provide that an inmate may be required' to pay a fee to the Department of Corrections for medical services provided because of injuries which he inflicts on a fellow inmate.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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