of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
(5) Has been found guilty, previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation:
(i) 18 Pa.C.S. § 4302(a) (relating to incest).
(ii) 18 Pa.C.S. § 5901 (relating to open lewdness).
(iii) 18 Pa.C.S. Ch. 76 Subch. C (relating to
Internet child pornography).
(iv) Any offense for which registration is required
under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders).
(v) Any offense for which registration is required
under 42 Pa.C.S. Ch. 97 Subch. I (relating to continued
registration of sexual offenders).
(6) Received a criminal sentence under 42 Pa.C.S. §
9712.1 (relating to sentences for certain drug offenses
committed with firearms) or has been found guilty, previously
convicted or adjudicated delinquent for violating an
equivalent offense under the laws of the United States or one
of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
(7) Is awaiting trial or sentencing for additional
criminal charges, if a conviction or sentence on the
additional charges would cause the offender to become
ineligible under this subsection.
(c) Failure to participate.--If treatment is determined
clinically appropriate by an eligible provider, an offender's
failure to participate in a recommended treatment plan as
determined by the court-ordered assessment may be considered by
the court to be a probation or parole violation and treated as
such under appropriate State or local court rules.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Drug-related offense." Except for the offenses listed under
subsection (b), a criminal offense which the court determines
was motivated by the offender's consumption of or addiction to
alcohol or a controlled substance, counterfeit, designer drug,
drug, immediate precursor or marihuana, as those terms are
defined in the act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act.
"Eligible provider." An organization or entity capable of:
(1) assessing an offender to determine if the offender
is a candidate to whom medication that prevents a relapse to
drug and alcohol dependence should be administered;
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