(a) Establishment.--There is established within the department the Office of Victim Advocate to represent the interests of crime victims before the board or department. The office shall operate under the direction of the Victim Advocate as provided in this section. The office shall function independently of the department regarding all of the office's decision-making functions, including other powers and duties specified in law. (b) Appointment.-- The victim advocate must be an individual who by reason of training and experience, is qualified to represent the interests of individual crime victims before the board. The victim advocate shall be appointed by the Governor, by and with the consent of a majority of all of the members of the Senate. The victim advocate shall hold office for a term of six years and until a successor shall have been duly appointed and qualified but in no event more than 90 days beyond the expiration of the appointed term. A vacancy occurring for any reason shall be filled in the manner provided by section 8 of Article IV of the Constitution of Pennsylvania for the remainder of the term. Whenever the victim advocate's term expires, that position shall be immediately deemed a vacancy, and the Governor shall nominate a person to fill that position within 90 days of the date of expiration even if the victim advocate continues in office. To be eligible to be appointed by the Governor as victim advocate, an individual must have at least six years of professional experience in victim advocacy, social work or related areas, including one year in a supervisory or administrative capacity, and a bachelor's degree. Any equivalent combination of experience and training shall be acceptable. Compensation shall be set by the Executive Board as defined by the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.(c) Service and employees.--(1) The Victim Advocate shall operate from office space provided by the department with such clerical, technical and professional staff as may be available within the budget of the department. The compensation of employees of the office shall be set by the executive board. Legal counsel for the office shall be appointed in accordance with the act of October 15, 1980 ( P.L. 950, No.164), known as the Commonwealth Attorneys Act.(2) The home address of an employee of the office shall not be considered a public record under the act of February 14, 2008 ( P.L. 6, No.3), known as the Right-To-Know Law. Financial records and aggregated data, of and relating to the office, as defined in the Right-To-Know Law, shall remain subject to the Right-To-Know Law, provided that no record or data identifying an individual victim may be released.(d)Disclosure and confidentiality.-- (1) Each record pertaining to the victim in the possession of or maintained by the office, including information regarding a victim's current contact information and any other information or record relating to the victim, shall be private, confidential and privileged and the property of the office and shall not be subject to access under the Right-To-Know Law. A record of the office may not be subject to subpoena or discovery, introduced into evidence in a judicial or administrative proceeding or released to the inmate, parolee or probationer.(2) Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, an employee of the office may not be competent nor permitted to testify or to otherwise disclose confidential communications made to or by the employee of the office. The privilege shall terminate upon the death of the victim. Neither the employee of the office nor the victim shall waive the privilege of confidential communications by reporting facts of physical or sexual assault under 23 Pa.C.S. Ch. 63 (relating to child protective services), a Federal or State mandatory reporting statute or a local mandatory reporting ordinance.Amended by P.L. TBD 2022 No. 77, § 5, eff. 4/7/2023.1998, Nov. 24, P.L. 882, No. 111, § 301, imd. effective.