CRIME VICTIMS RIGHT OF ACCESS

The Criminal History Record Information Act (“CHRIA”), 18 Pa.C.S. Ch. 91, generally prohibits the dissemination of criminal investigative information to non-criminal justice agencies. However, Subchapter F.1 Crime Victims’ Right of Access (CVRA), provides a limited exception for crime victims, defendants in a civil action in which the crime victim is a party, and their legal representatives. Pursuant to this exception, access to criminal investigative information may be granted to these parties for use in an existing civil action or in contemplation of a potential civil action.

PROCEDURES:

All requests for information pursuant to Crime Victims’ Right of Access (CVRA) must be submitted using the Bushkill Township Police Department CVRA Request Form (Attachment).

The Bushkill Township Police Department will not accept a subpoena as a CVRA request. 18 Pa.C.S. § 9158.2(f). A request submitted under the Right-to-Know Law (RTKL) is not equivalent to a CVRA request. 

Any request for criminal investigative information submitted on a RTKL Form will not be considered a CVRA request and will be reviewed in accordance with the RTKL, 65 P.S. § 67.101-67.3104.

Failure to utilize the CVRA Request Form and comply with all submission instructions may result in a denial of the request.

All requests must include an unsworn statement by the requesting party and/or the requesting party’s legal representative that meets the requirements of 18 Pa.C.S. § 9158.2(b).

Information obtained can only be used in connection with an actual or potential civil action relating to that criminal history investigative information. Misuse of the information to harass, intimidate or threaten another shall constitute a second-degree misdemeanor. § 9158.5(d)

CVSA Requests may be submitted:

In person: Monday – Friday 07:30 a.m. – 3:00 p.m.:

Bushkill Township Police Department 1114 Bushkill Center Road Nazareth, PA 18064 

USPS Mail:

Bushkill Township Police Department 1114 Bushkill Center Road Nazareth, PA 18064 - Attn: CVRA Request 

E-mail to: police@bushkilltownship.com

REVIEW, RESPONSE, DENIALS:

The Bushkill Township Police Department will review each request and notify the requester in writing whether the request is granted or denied within sixty (60) days of receipt of the request, or by the requested date for dissemination, whichever is later.

The Bushkill Township Police Department will deny a request, in whole or in part, where disclosure, absent reasonable redaction, would violate 18 Pa.C.S. § 9158.3, including when dissemination would:

1. Endanger a person or public safety.
2. Adversely affects an investigation or ongoing prosecution, or
3. Reveals the identity of confidential informants or disclose investigative techniques or procedures.

A denial on any of the above grounds is not subject to judicial review. 18 Pa. C.S. § 9158.4(d).

A request will be denied where the requested criminal history investigative information is not:

1. Directly related to a civil action pending in a court of this Commonwealth; or
2. Material and necessary to the investigation or preparation of a civil action in this Commonwealth.
3. Additionally, dissemination will be denied where it would identify a third-party victim of child abuse, domestic violence, or sexual abuse, unless the Police Department determines that reasonable redaction will sufficiently prevent identification of the victim.

A requesting party may appeal a denial on these grounds. A petition for judicial review must be filed within forty-five (45) days of service of the denial in the Court of Common Pleas in the judicial district where the agency is located. 18 Pa. C.S. § 9158.4.

Absent extenuating circumstances, all requests for information related to a pending investigation or prosecution will be denied.

The Bushkill Township Police Department will not provide any non-discoverable or privileged information, including:

1. Grand jury investigative materials.
2. Medical, mental health or treatment information.
3. Materials protected by the attorney-client privilege or attorney work product doctrine.
4. Records protected under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
5. Records governed by 42 Pa.C.S. Ch. 67A (relating to recordings by law enforcement officers).
6. Information that is otherwise prohibited or protected from disclosure or dissemination by Federal or State law.

The following personal identification information pertaining to an individual other than the requesting party shall be exempt from dissemination:

1. A person’s Social Security number.
2. A person’s driver’s license number.
3. Personal financial information.
4. A person’s home, cellular, or personal telephone number(s).
5. A person’s email address, employee number, or any other confidential personal identification number.

The Bushkill Township Police Department will not provide notes of testimony, criminal convictions, or other public records. These are judicial records, and any such request must be directed to the 509 Records Manager for the Northampton County Court of Common Pleas.

FEES:

Pursuant to 18 Pa. C.S. § 9158.2(d), the Bushkill Township Police Department will impose reasonable fees for costs incurred to comply with requests for information.

A non-refundable standard processing fee of $250.00 shall be assessed for all granted requests. This fee must be paid in full prior to the commencement of any work.

Associated fees: