Proposed bill could allow electronic monitoring for PFA defendants
A proposed bill would provide additional protection to victims of domestic abuse, according to a local senator who co-sponsored the legislation.
Senate Bill 196, reintroduced on Nov. 15, would give judges an option to require defendants in protection-from-abuse order cases to wear an ankle monitor when issuing a final PFA. The judge could order electronic monitoring if he or she determines the defendant poses “a substantial risk” of violating the PFA or committing a crime against the victim, the legislation said.
“It’s not a requirement, but it’s a tool they can use if the judge senses that the defendant could violate a PFA,” said state Sen. Camera Bartolotta, R-Carroll Township. “It gives judges another tool.”
The Pennsylvania Coalition Against Domestic Violence gave input into the proposed legislation.
“Domestic violence continues to plague our communities,” the December 2016 memorandum said. “Last year, the 60 community centers providing services throughout the Commonwealth assisted more than 89,000 victims of domestic violence.”
In 2016, 13 people were killed as a result of domestic violence in Greene, Fayette, Washington and Westmoreland counties, according to a report from the state coalition.
The bill was reintroduced by state Sen. Vincent J. Hughes, D-Philadelphia.
Judges would use factors such as the defendant’s proximity to the victim to determine if electronic monitoring should be ordered, according to Bartolotta.
She has been active in domestic abuse legislation, most notably with Senate Bill 449, also known as Tierne’s Law, that would ensure judges have risk-assessment tools available to determine bail in domestic violence cases.
“This is just another step down that same path,” she said. “Tierne’s Law goes a little bit further.”
The bill was named for Tierne Ewing, the West Finley Township woman who was killed in August by her estranged husband after he was granted bail in a domestic violence case.
The Lethality Assessment Program, first used in Maryland, reduced the number of fatal domestic abuse cases by 34 percent in its first five years, according to the PCADV.
“Our goal here is to protect victims of violence and domestic abuse, and to be sure that judges are using their best judgement to protect the victim,” she said.
That bill passed the Senate Judiciary Committee in May.
“We elect judges for a reason, and judges should be allowed to use their discretion,” she said.