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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, GREENLEAF AND RAFFERTY, JUNE 28, 2011 |
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| REFERRED TO JUDICIARY, JUNE 28, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses), 23 (Domestic |
2 | Relations), 42 (Judiciary and Judicial Procedure), 44 (Law |
3 | and Justice) and 61 (Prisons and Parole) of the Pennsylvania |
4 | Consolidated Statutes, extensively revising provisions |
5 | relating to registration of sexual offenders pursuant to |
6 | Federal mandate; and making editorial changes. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 3130(a) introductory paragraph and (1) |
10 | and (b), 3141 and 4915 of Title 18 of the Pennsylvania |
11 | Consolidated Statutes are amended to read: |
12 | § 3130. Conduct relating to sex offenders. |
13 | (a) Offense defined.--A person commits a felony of the third |
14 | degree if the person has reason to believe that a sex offender |
15 | is not complying with or has not complied with the requirements |
16 | of the sex offender's probation or parole, imposed by statute or |
17 | court order, or with the registration requirements of 42 Pa.C.S. |
18 | [§ 9795.2 (relating to registration procedures and |
19 | applicability)] Ch. 97 Subch. H (relating to registration of |
20 | sexual offenders), and the person, with the intent to assist the |
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1 | sex offender in eluding a law enforcement agent or agency that |
2 | is seeking to find the sex offender to question the sex offender |
3 | about, or to arrest the sex offender for, noncompliance with the |
4 | requirements of the sex offender's probation or parole or the |
5 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H: |
6 | (1) withholds information from or does not notify the |
7 | law enforcement agent or agency about the sex offender's |
8 | noncompliance with the requirements of parole, the |
9 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if |
10 | known, the sex offender's whereabouts; |
11 | * * * |
12 | (b) Definition.--As used in this section, the term "sex |
13 | offender" means a person who is required to register with the |
14 | Pennsylvania State Police pursuant to the provisions of 42 |
15 | Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H. |
16 | § 3141. General rule. |
17 | A person: |
18 | (1) convicted under section 3121 (relating to rape), |
19 | 3122.1 (relating to statutory sexual assault), 3123 (relating |
20 | to involuntary deviate sexual intercourse), 3124.1 (relating |
21 | to sexual assault), 3125 (relating to aggravated indecent |
22 | assault) or 3126 (relating to indecent assault); or |
23 | (2) required to register with the Pennsylvania State |
24 | Police under 42 Pa.C.S. [§ 9795.2 (relating to registration |
25 | procedures and applicability)] Ch. 97 Subch. H (relating to |
26 | registration of sexual offenders); |
27 | may be required to forfeit property rights in any property or |
28 | assets used to implement or facilitate commission of the crime |
29 | or crimes of which the person has been convicted. Such property |
30 | may include, but is not limited to, a computer or computers, |
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1 | telephone equipment, firearms, licit or illicit prescription |
2 | drugs or controlled substances, a motor vehicle or such other |
3 | property or assets as determined by the court of common pleas to |
4 | have facilitated the person's criminal misconduct. |
5 | § 4915. Failure to comply with registration of sexual offenders |
6 | requirements. |
7 | (a) Offense defined.--An individual who is subject to |
8 | registration under 42 Pa.C.S. [§ 9795.1(a) (relating to |
9 | registration) or an individual who is subject to registration |
10 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H |
11 | (relating to registration of sexual offenders) commits an |
12 | offense if he knowingly fails to: |
13 | (1) register with the Pennsylvania State Police or |
14 | report a change in registration information as required under |
15 | 42 Pa.C.S. [§ 9795.2 (relating to registration procedures and |
16 | applicability)] Ch. 97 Subch. H; |
17 | (2) verify his address or registration information or be |
18 | photographed as required under 42 Pa.C.S. [§ 9796 (relating |
19 | to verification of residence)] Ch. 97 Subch. H; or |
20 | (3) provide accurate information when registering [under |
21 | 42 Pa.C.S. § 9795.2], reporting a change in registration or |
22 | verifying an address or registration information as required |
23 | under 42 Pa.C.S. [§ 9796] Ch. 97 Subch. H. |
24 | (b) Grading for Class 1 and Class 2 sexual offenders [who |
25 | must register for ten years].-- |
26 | (2) Except as set forth in paragraph (3), [an individual] a |
27 | Class 1 sexual offender or Class 2 sexual offender subject to |
28 | registration under 42 Pa.C.S. [§ 9795.1(a)] Ch. 97 Subch. H who |
29 | commits a violation of subsection (a)(1) or (2) commits a felony |
30 | of the third degree. |
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1 | (3) [An individual] A Class 1 sexual offender or Class 2 |
2 | sexual offender subject to registration under 42 Pa.C.S. [§ |
3 | 9795.1(a)] Ch. 97 Subch. H who commits a violation of |
4 | subsection (a)(1) or (2) and who has previously been |
5 | convicted of an offense under subsection (a)(1) or (2) or a |
6 | similar offense commits a felony of the second degree. |
7 | (4) [An individual] A Class 1 sexual offender or Class 2 |
8 | sexual offender subject to registration under 42 Pa.C.S. [§ |
9 | 9795.1(a)] Ch. 97 Subch. H who violates subsection (a)(3) |
10 | commits a felony of the second degree. |
11 | (c) Grading for Class 3 sexual offenders and sexually |
12 | violent predators [and others with lifetime registration].-- |
13 | (2) Except as set forth in paragraph (3), [an |
14 | individual] a Class 3 sexual offender or sexually violent |
15 | predator subject to registration under 42 Pa.C.S. [§ |
16 | 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who commits a |
17 | violation of subsection (a)(1) or (2) commits a felony of the |
18 | second degree. |
19 | (3) [An individual] A Class 3 sexual offender or |
20 | sexually violent predator subject to registration under 42 |
21 | Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who |
22 | commits a violation of subsection (a)(1) or (2) and who has |
23 | previously been convicted of an offense under subsection (a) |
24 | (1) or (2) or a similar offense commits a felony of the first |
25 | degree. |
26 | (4) [An individual] A Class 3 sexual offender or |
27 | sexually violent predator subject to registration under 42 |
28 | Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who |
29 | violates subsection (a)(3) commits a felony of the first |
30 | degree. |
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1 | (d) Effect of notice.--Neither failure on the part of the |
2 | Pennsylvania State Police to send nor failure of a sexually |
3 | violent predator or offender to receive any notice or |
4 | information pursuant to 42 Pa.C.S. [§ 9796(a.1) or (b.1)] Ch. 97 |
5 | Subch. H shall be a defense to a prosecution commenced against |
6 | an individual arising from a violation of this section. The |
7 | provisions of 42 Pa.C.S. § [9796(a.1) and (b.1)] 9799.20 |
8 | (relating to verification of registration information) are not |
9 | an element of an offense under this section. |
10 | (e) Arrests for violation.-- |
11 | (1) A police officer shall have the same right of arrest |
12 | without a warrant as in a felony whenever the police officer |
13 | has probable cause to believe an individual has committed a |
14 | violation of this section regardless of whether the violation |
15 | occurred in the presence of the police officer. |
16 | (2) An individual arrested for a violation of this |
17 | section shall be afforded a preliminary arraignment by the |
18 | proper issuing authority without unnecessary delay. In no |
19 | case may the individual be released from custody without |
20 | first having appeared before the issuing authority. |
21 | (3) Prior to admitting an individual arrested for a |
22 | violation of this section to bail, the issuing authority |
23 | shall require all of the following: |
24 | (i) The individual must be fingerprinted and |
25 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
26 | Subch. H (relating to registration of sexual offenders). |
27 | (ii) The [individual must provide the Pennsylvania |
28 | State Police with all current or intended residences, all |
29 | information concerning current or intended employment, |
30 | including all employment locations, and all information |
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1 | concerning current or intended enrollment as a student.] |
2 | following apply: |
3 | (A) If an individual previously registered with |
4 | the Pennsylvania State Police, the individual shall |
5 | update registration information. |
6 | (B) If an individual did not previously register |
7 | with the Pennsylvania State Police, the individual |
8 | shall register under 42 Pa.C.S. Ch. 97 Subch. H. |
9 | (iii) Law enforcement must make reasonable attempts |
10 | to verify the information provided by the individual. |
11 | (f) [Definition] Definitions.--As used in this section, [the |
12 | term "a similar offense" means an offense similar to an offense |
13 | under either subsection (a)(1) or (2) under the laws of this |
14 | Commonwealth, the United States or one of its territories or |
15 | possessions, another state, the District of Columbia, the |
16 | Commonwealth of Puerto Rico or a foreign nation.] the following |
17 | words and phrases shall have the meanings given to them in this |
18 | subsection unless the context clearly indicates otherwise: |
19 | "Class 1 sexual offender." As defined in 42 Pa.C.S. § |
20 | 9799.12 (relating to definitions). The term includes a Class 1 |
21 | out-of-State offender. |
22 | "Class 2 sexual offender." As defined in 42 Pa.C.S. § |
23 | 9799.12 (relating to definitions). The term includes a Class 2 |
24 | out-of-State offender. |
25 | "Class 3 sexual offender." As defined in 42 Pa.C.S. § |
26 | 9799.12 (relating to definitions). The term includes a Class 3 |
27 | out-of-State offender. |
28 | "Out-of-State offender." As defined in 42 Pa.C.S. § 9799.12 |
29 | (relating to definitions). |
30 | "Sexually violent predator." As defined in 42 Pa.C.S. § |
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1 | 9799.12 (relating to definitions). |
2 | "Similar offense." An offense similar to an offense under |
3 | either subsection (a)(1) or (2) under the laws of the United |
4 | States or one of its territories or possessions, another state, |
5 | the District of Columbia, a federally recognized Indian tribe or |
6 | a foreign nation. |
7 | Section 2. Section 6707(2)(ii) of Title 23 is amended to |
8 | read: |
9 | § 6707. Agency use of designated address. |
10 | State and local government agencies shall accept the |
11 | substitute address designated on a valid program participation |
12 | card issued to the program participant by the Office of Victim |
13 | Advocate as the program participant's address except as follows: |
14 | * * * |
15 | (2) when the program participant is any of the |
16 | following: |
17 | * * * |
18 | (ii) a convicted sexual offender who has fulfilled |
19 | the offender's sentence but must register the offender's |
20 | community residence as required under 42 Pa.C.S. [§§ |
21 | 9795.1 (relating to registration) and 9795.2 (relating to |
22 | registration procedures and applicability)] Ch. 97 Subch. |
23 | H (relating to registration of sexual offenders) or any |
24 | similar registration requirement imposed by any other |
25 | jurisdiction. |
26 | Section 3. Sections 9718.1(a) introductory paragraph and |
27 | (b)(2), 9718.2(a) and 9718.3(a) of Title 42 are amended to read: |
28 | § 9718.1. Sexual offender treatment. |
29 | (a) General rule.--A person, including an offender |
30 | designated as a "sexually violent predator" as defined in |
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1 | section [9792] 9799.12 (relating to definitions), shall attend |
2 | and participate in a Department of Corrections program of |
3 | counseling or therapy designed for incarcerated sex offenders if |
4 | the person is incarcerated in a State institution for any of the |
5 | following provisions under 18 Pa.C.S. (relating to crimes and |
6 | offenses): |
7 | * * * |
8 | (b) Eligibility for parole.--For an offender required to |
9 | participate in the program under subsection (a), all of the |
10 | following apply: |
11 | * * * |
12 | (2) Notwithstanding paragraph (1)(iii), an offender who |
13 | is a sexually violent predator is subject to section [9799.4] |
14 | 9799.31 (relating to counseling of sexually violent |
15 | predators). |
16 | * * * |
17 | § 9718.2. Sentences for sex offenders. |
18 | (a) Mandatory sentence.-- |
19 | (1) Any person who is convicted in any court of this |
20 | Commonwealth of an offense [set forth in] subject to section |
21 | [9795.1(a) or (b)] 9799.13 (relating to registration) shall, |
22 | if at the time of the commission of the current offense the |
23 | person had previously been convicted of an offense [set forth |
24 | in] subject to section [9795.1(a) or (b)] 9799.13 or an |
25 | equivalent crime under the laws of this Commonwealth in |
26 | effect at the time of the commission of that offense or an |
27 | equivalent crime in another jurisdiction, be sentenced to a |
28 | minimum sentence of at least 25 years of total confinement, |
29 | notwithstanding any other provision of this title or other |
30 | statute to the contrary. Upon such conviction, the court |
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1 | shall give the person oral and written notice of the |
2 | penalties under paragraph (2) for a third conviction. Failure |
3 | to provide such notice shall not render the offender |
4 | ineligible to be sentenced under paragraph (2). |
5 | (2) Where the person had at the time of the commission |
6 | of the current offense previously been convicted in separate |
7 | criminal actions of two or more offenses [arising from |
8 | separate criminal transactions set forth in section 9795.1(a) |
9 | or (b)] subject to section 9799.13 or equivalent crimes under |
10 | the laws of this Commonwealth in effect at the time of the |
11 | commission of the offense or equivalent crimes in another |
12 | jurisdiction, the person shall be sentenced to a term of life |
13 | imprisonment, notwithstanding any other provision of this |
14 | title or other statute to the contrary. Proof that the |
15 | offender received notice of or otherwise knew or should have |
16 | known of the penalties under this paragraph shall not be |
17 | required. |
18 | * * * |
19 | § 9718.3. Sentence for failure to comply with registration of |
20 | sexual offenders. |
21 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
22 | follows: |
23 | (1) Sentencing upon conviction for a first offense shall |
24 | be as follows: |
25 | (i) Not less than two years for an individual who: |
26 | (A) was subject to: |
27 | (I) former section 9795.1(a) (relating to |
28 | registration); |
29 | (II) registration as a Class 1 sexual |
30 | offender or Class 2 sexual offender under Subch. |
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1 | H (relating to registration of sexual offenders); |
2 | or |
3 | (III) a similar provision from another |
4 | jurisdiction; and |
5 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
6 | (relating to failure to comply with registration of |
7 | sexual offenders requirements). |
8 | (ii) Not less than three years for an individual |
9 | who: |
10 | (A) was subject to: |
11 | (I) former section 9795.1(a) [(relating to |
12 | registration)]; |
13 | (II) registration as a Class 1 sexual |
14 | offender or Class 2 sexual offender under Subch. |
15 | H; or |
16 | (III) a similar provision from another |
17 | jurisdiction; and |
18 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
19 | (iii) Not less than three years for an individual |
20 | who: |
21 | (A) was subject to: |
22 | (I) former section 9795.1(b); |
23 | (II) registration as a Class 3 sexual |
24 | offender or sexually violent predator under |
25 | Subch. H; or |
26 | (III) a similar provision from another |
27 | jurisdiction; and |
28 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
29 | (iv) Not less than five years for an individual who: |
30 | (A) was subject to: |
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1 | (I) former section 9795.1(b); |
2 | (II) registration as a Class 3 sexual |
3 | offender or sexually violent predator under |
4 | Subch. H; or |
5 | (III) a similar provision from another |
6 | jurisdiction; and |
7 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
8 | (2) Sentencing upon conviction for a second or |
9 | subsequent offense shall be as follows: |
10 | (i) Not less than five years for an individual who: |
11 | (A) was subject to: |
12 | (I) former section 9795.1; |
13 | (II) registration under Subch. H; or |
14 | (III) a similar provision from another |
15 | jurisdiction; and |
16 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
17 | (ii) Not less than seven years for an individual |
18 | who: |
19 | (A) was subject to: |
20 | (I) section 9795.1; |
21 | (II) registration under Subch. H; or |
22 | (III) a similar provision from another |
23 | jurisdiction; and |
24 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
25 | * * * |
26 | Section 4. Sections 9791, 9792, 9795.1, 9795.2, 9795.3, |
27 | 9795.4, 9795.5, 9796, 9797, 9798, 9798.1, 9798.2, 9798.3, 9799, |
28 | 9799.1, 9799.2, 9799.3, 9799.4, 9799.7,. 9799.8 and 9799.9 of |
29 | Title 42 are repealed: |
30 | [§ 9791. Legislative findings and declaration of policy. |
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1 | (a) Legislative findings.--It is hereby determined and |
2 | declared as a matter of legislative finding: |
3 | (1) If the public is provided adequate notice and |
4 | information about sexually violent predators and certain |
5 | other offenders, the community can develop constructive plans |
6 | to prepare themselves and their children for the offender's |
7 | release. This allows communities to meet with law enforcement |
8 | to prepare and obtain information about the rights and |
9 | responsibilities of the community and to provide education |
10 | and counseling to their children. |
11 | (2) These sexually violent predators pose a high risk of |
12 | engaging in further offenses even after being released from |
13 | incarceration or commitments and that protection of the |
14 | public from this type of offender is a paramount governmental |
15 | interest. |
16 | (3) The penal and mental health components of our |
17 | justice system are largely hidden from public view and lack |
18 | of information from either may result in failure of both |
19 | systems to meet this paramount concern of public safety. |
20 | (4) Overly restrictive confidentiality and liability |
21 | laws governing the release of information about sexually |
22 | violent predators have reduced the willingness to release |
23 | information that could be appropriately released under the |
24 | public disclosure laws and have increased risks to public |
25 | safety. |
26 | (5) Persons found to have committed such an offense have |
27 | a reduced expectation of privacy because of the public's |
28 | interest in public safety and in the effective operation of |
29 | government. |
30 | (6) Release of information about sexually violent |
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1 | predators to public agencies and the general public will |
2 | further the governmental interests of public safety and |
3 | public scrutiny of the criminal and mental health systems so |
4 | long as the information released is rationally related to the |
5 | furtherance of those goals. |
6 | (b) Declaration of policy.--It is hereby declared to be the |
7 | intention of the General Assembly to protect the safety and |
8 | general welfare of the people of this Commonwealth by providing |
9 | for registration and community notification regarding sexually |
10 | violent predators who are about to be released from custody and |
11 | will live in or near their neighborhood. It is further declared |
12 | to be the policy of this Commonwealth to require the exchange of |
13 | relevant information about sexually violent predators among |
14 | public agencies and officials and to authorize the release of |
15 | necessary and relevant information about sexually violent |
16 | predators to members of the general public as a means of |
17 | assuring public protection and shall not be construed as |
18 | punitive. |
19 | § 9792. Definitions. |
20 | The following words and phrases when used in this subchapter |
21 | shall have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | "Active notification." Notification pursuant to section 9798 |
24 | (relating to other notification) or any process whereby law |
25 | enforcement, pursuant to the laws of the United States or one of |
26 | its territories or possessions, another state, the District of |
27 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
28 | notifies persons in the community in which the individual |
29 | resides, including any person identified in section 9798(b), of |
30 | the residence, employment or school location of the individual. |
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1 | "Approved registration site." A site in this Commonwealth |
2 | approved by the Pennsylvania State Police as required by section |
3 | 9799.1(2) (relating to duties of Pennsylvania State Police): |
4 | (1) at which individuals subject to this subchapter may |
5 | register, verify information or be fingerprinted or |
6 | photographed as required by this subchapter; |
7 | (2) which is capable of submitting fingerprints |
8 | utilizing the Integrated Automated Fingerprint Identification |
9 | System or in another manner and in such form as the |
10 | Pennsylvania State Police shall require; and |
11 | (3) which is capable of submitting photographs utilizing |
12 | the Commonwealth Photo Imaging Network or in another manner |
13 | and in such form as the Pennsylvania State Police shall |
14 | require. |
15 | "Board." The State Sexual Offenders Assessment Board. |
16 | "Common interest community." Includes a cooperative, a |
17 | condominium and a planned community where an individual by |
18 | virtue of an ownership interest in any portion of real estate is |
19 | or may become obligated by covenant, easement or agreement |
20 | imposed upon the owner's interest to pay any amount for real |
21 | property taxes, insurance, maintenance, repair, improvement, |
22 | management, administration or regulation of any part of the real |
23 | estate other than the portion or interest owned solely by the |
24 | individual. |
25 | "Commonwealth Photo Imaging Network." The computer network |
26 | administered by the Commonwealth and used to record and store |
27 | digital photographs of an individual's face and any scars, |
28 | marks, tattoos or other unique features of the individual. |
29 | "Employed." Includes a vocation or employment that is full- |
30 | time or part-time for a period of time exceeding 14 days or for |
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1 | an aggregate period of time exceeding 30 days during any |
2 | calendar year, whether financially compensated, volunteered, |
3 | pursuant to a contract or for the purpose of government or |
4 | educational benefit. |
5 | "Integrated Automated Fingerprint Identification System." |
6 | The national fingerprint and criminal history system maintained |
7 | by the Federal Bureau of Investigation providing automated |
8 | fingerprint search capabilities, latent searching capability, |
9 | electronic image storage and electronic exchange of fingerprints |
10 | and responses. |
11 | "Mental abnormality." A congenital or acquired condition of |
12 | a person that affects the emotional or volitional capacity of |
13 | the person in a manner that predisposes that person to the |
14 | commission of criminal sexual acts to a degree that makes the |
15 | person a menace to the health and safety of other persons. |
16 | "Minor." As used in section 9795.1 (relating to |
17 | registration), is any individual under the age of 18 unless the |
18 | age of the victim who is considered a minor is otherwise defined |
19 | in section 9795.1. |
20 | "Municipality." A city, borough, incorporated town or |
21 | township. |
22 | "Offender." An individual required to register under section |
23 | 9795.1(a), (b)(1) or (2) (relating to registration). |
24 | "Passive notification." Notification pursuant to section |
25 | 9798.1 (relating to information made available on the Internet) |
26 | or any process whereby persons, pursuant to the laws of the |
27 | United States or one of its territories or possessions, another |
28 | state, the District of Columbia, the Commonwealth of Puerto Rico |
29 | or a foreign nation, are able to access information pertaining |
30 | to an individual as a result of the individual having been |
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1 | convicted or sentenced by a court for an offense similar to an |
2 | offense listed in section 9795.1 (relating to registration). |
3 | "Penetration." Includes any penetration, however slight, of |
4 | the genitals or anus or mouth of another person with a part of |
5 | the person's body or a foreign object for any purpose other than |
6 | good faith medical, hygienic or law enforcement procedures. |
7 | "Predatory." An act directed at a stranger or at a person |
8 | with whom a relationship has been initiated, established, |
9 | maintained or promoted, in whole or in part, in order to |
10 | facilitate or support victimization. |
11 | "Residence." A location where an individual resides or is |
12 | domiciled or intends to be domiciled for 30 consecutive days or |
13 | more during a calendar year. |
14 | "Sexually violent offense." Any criminal offense specified |
15 | in section 9795.1 (relating to registration). |
16 | "Sexually violent predator." A person who has been convicted |
17 | of a sexually violent offense as set forth in section 9795.1 |
18 | (relating to registration) and who is determined to be a |
19 | sexually violent predator under section 9795.4 (relating to |
20 | assessments) due to a mental abnormality or personality disorder |
21 | that makes the person likely to engage in predatory sexually |
22 | violent offenses. The term includes an individual determined to |
23 | be a sexually violent predator where the determination occurred |
24 | in the United States or one of its territories or possessions, |
25 | another state, the District of Columbia, the Commonwealth of |
26 | Puerto Rico, a foreign nation or by court martial. |
27 | "Student." A person who is enrolled on a full-time or part- |
28 | time basis in any public or private educational institution, |
29 | including any secondary school, trade or professional |
30 | institution or institution of higher education. |
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1 | § 9795.1. Registration. |
2 | (a) Ten-year registration.--The following individuals shall |
3 | be required to register with the Pennsylvania State Police for a |
4 | period of ten years: |
5 | (1) Individuals convicted of any of the following |
6 | offenses: |
7 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
8 | victim is a minor. |
9 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
10 | motor vehicle or structure). |
11 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
12 | assault). |
13 | 18 Pa.C.S. § 3126 (relating to indecent assault) |
14 | where the offense is graded as a misdemeanor of the first |
15 | degree or higher. |
16 | 18 Pa.C.S. § 4302 (relating to incest) where the |
17 | victim is 12 years of age or older but under 18 years of |
18 | age. |
19 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
20 | related offenses) where the actor promotes the |
21 | prostitution of a minor. |
22 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
23 | obscene and other sexual materials and performances) |
24 | where the victim is a minor. |
25 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
26 | children). |
27 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
28 | minor). |
29 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
30 | children). |
|
1 | (2) Individuals convicted of an attempt, conspiracy or |
2 | solicitation to commit any of the offenses under paragraph |
3 | (1) or subsection (b)(2). |
4 | (3) Individuals currently residing in this Commonwealth |
5 | who have been convicted of offenses similar to the crimes |
6 | cited in paragraphs (1) and (2) under the laws of the United |
7 | States or one of its territories or possessions, another |
8 | state, the District of Columbia, the Commonwealth of Puerto |
9 | Rico or a foreign nation or under a former law of this |
10 | Commonwealth. |
11 | (b) Lifetime registration.--The following individuals shall |
12 | be subject to lifetime registration: |
13 | (1) An individual with two or more convictions of any of |
14 | the offenses set forth in subsection (a). |
15 | (2) Individuals convicted of any of the following |
16 | offenses: |
17 | 18 Pa.C.S. § 3121 (relating to rape). |
18 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
19 | sexual intercourse). |
20 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
21 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
22 | assault). |
23 | 18 Pa.C.S. § 4302 (relating to incest) when the |
24 | victim is under 12 years of age. |
25 | (3) Sexually violent predators. |
26 | (4) Individuals currently residing in this Commonwealth |
27 | who have been convicted of offenses similar to the crimes |
28 | cited in paragraph (2) under the laws of the United States or |
29 | one of its territories or possessions, another state, the |
30 | District of Columbia, the Commonwealth of Puerto Rico or a |
|
1 | foreign nation or under a former law of this Commonwealth. |
2 | (c) Natural disaster.--The occurrence of a natural disaster |
3 | or other event requiring evacuation of residences shall not |
4 | relieve an individual of the duty to register or any other duty |
5 | imposed by this chapter. |
6 | § 9795.2. Registration procedures and applicability. |
7 | (a) Registration.-- |
8 | (1) Offenders and sexually violent predators shall be |
9 | required to register with the Pennsylvania State Police upon |
10 | release from incarceration, upon parole from a State or |
11 | county correctional institution or upon the commencement of a |
12 | sentence of intermediate punishment or probation. For |
13 | purposes of registration, offenders and sexually violent |
14 | predators shall provide the Pennsylvania State Police with |
15 | all current or intended residences, all information |
16 | concerning current or intended employment and all information |
17 | concerning current or intended enrollment as a student. |
18 | (2) Offenders and sexually violent predators shall |
19 | inform the Pennsylvania State Police within 48 hours of: |
20 | (i) Any change of residence or establishment of an |
21 | additional residence or residences. |
22 | (ii) Any change of employer or employment location |
23 | for a period of time that will exceed 14 days or for an |
24 | aggregate period of time that will exceed 30 days during |
25 | any calendar year, or termination of employment. |
26 | (iii) Any change of institution or location at which |
27 | the person is enrolled as a student, or termination of |
28 | enrollment. |
29 | (iv) Becoming employed or enrolled as a student if |
30 | the person has not previously provided that information |
|
1 | to the Pennsylvania State Police. |
2 | (2.1) Registration with a new law enforcement agency |
3 | shall occur no later than 48 hours after establishing |
4 | residence in another state. |
5 | (3) The ten-year registration period required in section |
6 | 9795.1(a) (relating to registration) shall be tolled when an |
7 | offender is recommitted for a parole violation or sentenced |
8 | to an additional term of imprisonment. In such cases, the |
9 | Department of Corrections or county correctional facility |
10 | shall notify the Pennsylvania State Police of the admission |
11 | of the offender. |
12 | (4) This paragraph shall apply to all offenders and |
13 | sexually violent predators: |
14 | (i) Where the offender or sexually violent predator |
15 | was granted parole by the Pennsylvania Board of Probation |
16 | and Parole or the court or is sentenced to probation or |
17 | intermediate punishment, the board or county office of |
18 | probation and parole shall collect registration |
19 | information from the offender or sexually violent |
20 | predator and forward that registration information to the |
21 | Pennsylvania State Police. The Department of Corrections |
22 | or county correctional facility shall not release the |
23 | offender or sexually violent predator until it receives |
24 | verification from the Pennsylvania State Police that it |
25 | has received the registration information. Verification |
26 | by the Pennsylvania State Police may occur by electronic |
27 | means, including e-mail or facsimile transmission. Where |
28 | the offender or sexually violent predator is scheduled to |
29 | be released from a State correctional facility or county |
30 | correctional facility because of the expiration of the |
|
1 | maximum term of incarceration, the Department of |
2 | Corrections or county correctional facility shall collect |
3 | the information from the offender or sexually violent |
4 | predator no later than ten days prior to the maximum |
5 | expiration date. The registration information shall be |
6 | forwarded to the Pennsylvania State Police. |
7 | (ii) Where the offender or sexually violent predator |
8 | scheduled to be released from a State correctional |
9 | facility or county correctional facility due to the |
10 | maximum expiration date refuses to provide the |
11 | registration information, the Department of Corrections |
12 | or county correctional facility shall notify the |
13 | Pennsylvania State Police or police department with |
14 | jurisdiction over the facility of the failure to provide |
15 | registration information and of the expected date, time |
16 | and location of the release of the offender or sexually |
17 | violent predator. |
18 | (b) Individuals convicted or sentenced by a court or |
19 | adjudicated delinquent in jurisdictions outside this |
20 | Commonwealth or sentenced by court martial.-- |
21 | (4) An individual who resides, is employed or is a |
22 | student in this Commonwealth and who has been convicted of or |
23 | sentenced by a court or court martialed for a sexually |
24 | violent offense or a similar offense under the laws of the |
25 | United States or one of its territories or possessions, |
26 | another state, the District of Columbia, the Commonwealth of |
27 | Puerto Rico or a foreign nation, or who was required to |
28 | register under a sexual offender statute in the jurisdiction |
29 | where convicted, sentenced or court martialed, shall register |
30 | at an approved registration site within 48 hours of the |
|
1 | individual's arrival in this Commonwealth. The provisions of |
2 | this subchapter shall apply to the individual as follows: |
3 | (i) If the individual has been classified as a |
4 | sexually violent predator as defined in section 9792 |
5 | (relating to definitions) or determined under the laws of |
6 | the other jurisdiction or by reason of court martial to |
7 | be subject to active notification and lifetime |
8 | registration on the basis of a statutorily authorized |
9 | administrative or judicial decision or on the basis of a |
10 | statute or administrative rule requiring active |
11 | notification and lifetime registration based solely on |
12 | the offense for which the individual was convicted, |
13 | sentenced or court martialed, the individual shall, |
14 | notwithstanding section 9792, be considered a sexually |
15 | violent predator and subject to lifetime registration |
16 | pursuant to section 9795.1(b) (relating to registration). |
17 | The individual shall also be subject to the provisions of |
18 | this section and sections 9796 (relating to verification |
19 | of residence), 9798 (relating to other notification) and |
20 | 9798.1(c)(1) (relating to information made available on |
21 | the Internet), except that the individual shall not be |
22 | required to receive counseling unless required to do so |
23 | by the other jurisdiction or by reason of court martial. |
24 | (ii) Except as provided in subparagraphs (i) and |
25 | (iv), if the individual has been convicted or sentenced |
26 | by a court or court martialed for an offense listed in |
27 | section 9795.1(b) or an equivalent offense, the |
28 | individual shall, notwithstanding section 9792, be |
29 | considered an offender and be subject to lifetime |
30 | registration pursuant to 9795.1(b). The individual shall |
|
1 | also be subject to the provisions of this section and |
2 | sections 9796 and 9798.1(c)(2). |
3 | (iii) Except as provided in subparagraphs (i), (ii), |
4 | (iv) and (v), if the individual has been convicted or |
5 | sentenced by a court or court martialed for an offense |
6 | listed in section 9795.1(a) or an equivalent offense, the |
7 | individual shall be, notwithstanding section 9792, |
8 | considered an offender and subject to registration |
9 | pursuant to this subchapter. The individual shall also be |
10 | subject to the provisions of this section and sections |
11 | 9796 and 9798.1(c)(2). The individual shall be subject to |
12 | this subchapter for a period of ten years or for a period |
13 | of time equal to the time for which the individual was |
14 | required to register in the other jurisdiction or |
15 | required to register by reason of court martial, |
16 | whichever is greater, less any credit due to the |
17 | individual as a result of prior compliance with |
18 | registration requirements. |
19 | (iv) Except as provided in subparagraph (i) and |
20 | notwithstanding subparagraph (v), if the individual is |
21 | subject to active notification in the other jurisdiction |
22 | or subject to active notification by reason of court |
23 | martial, the individual shall, notwithstanding section |
24 | 9792, be considered an offender and subject to this |
25 | section and sections 9796, 9798 and 9798.1(c)(1). If the |
26 | individual was convicted of or sentenced in the other |
27 | jurisdiction or sentenced by court martial for an offense |
28 | listed in section 9795.1(b) or an equivalent offense, the |
29 | individual shall be subject to this subchapter for the |
30 | individual's lifetime. If the individual was convicted of |
|
1 | or sentenced in the other jurisdiction or sentenced by |
2 | court martial for an offense listed in section 9795.1(a) |
3 | or an equivalent offense, the individual shall be subject |
4 | to this subchapter for a period of ten years or for a |
5 | period of time equal to the time for which the individual |
6 | was required to register in the other jurisdiction or |
7 | required to register by reason of court martial, |
8 | whichever is greater, less any credit due to the |
9 | individual as a result of prior compliance with |
10 | registration requirements. Otherwise, the individual |
11 | shall be subject to this subchapter for a period of time |
12 | equal to the time for which the individual was required |
13 | to register in the other jurisdiction or required to |
14 | register by reason of court martial, less any credit due |
15 | to the individual as a result of prior compliance with |
16 | registration requirements. |
17 | (v) Except as provided in subparagraphs (i), (ii), |
18 | (iii) and (iv), if the individual is subject to passive |
19 | notification in the other jurisdiction or subject to |
20 | passive notification by reason of court martial, the |
21 | individual shall, notwithstanding section 9792, be |
22 | considered an offender and subject to this section and |
23 | sections 9796 and 9798.1(c)(2). The individual shall be |
24 | subject to this subchapter for a period of time equal to |
25 | the time for which the individual was required to |
26 | register in the other jurisdiction or required to |
27 | register by reason of court martial, less any credit due |
28 | to the individual as a result of prior compliance with |
29 | registration requirements. |
30 | (5) Notwithstanding the provisions of Chapter 63 |
|
1 | (relating to juvenile matters) and except as provided in |
2 | paragraph (4), an individual who resides, is employed or is a |
3 | student in this Commonwealth and who is required to register |
4 | as a sex offender under the laws of the United States or one |
5 | of its territories or possessions, another state, the |
6 | District of Columbia, the Commonwealth of Puerto Rico or a |
7 | foreign nation as a result of a juvenile adjudication shall |
8 | register at an approved registration site within 48 hours of |
9 | the individual's arrival in this Commonwealth. The provisions |
10 | of this subchapter shall apply to the individual as follows: |
11 | (i) If the individual has been classified as a |
12 | sexually violent predator as defined in section 9792 or |
13 | determined under the laws of the other jurisdiction to be |
14 | subject to active notification and lifetime registration |
15 | on the basis of a statutorily authorized administrative |
16 | or judicial decision or on the basis of a statute or |
17 | administrative rule requiring active notification and |
18 | lifetime registration based solely on the offense for |
19 | which the individual was adjudicated, the individual |
20 | shall, notwithstanding section 9792, be considered a |
21 | sexually violent predator and subject to lifetime |
22 | registration pursuant to section 9795.1(b). The |
23 | individual shall also be subject to the provisions of |
24 | this section and sections 9796 and 9798.1(c)(1), except |
25 | that the individual shall not be required to receive |
26 | counseling unless required to do so by the other |
27 | jurisdiction. |
28 | (ii) Except as provided in subparagraph (i), if the |
29 | individual is subject to active notification in the other |
30 | jurisdiction, the individual shall, notwithstanding |
|
1 | section 9792, be considered an offender and subject to |
2 | registration pursuant to this subchapter. The individual |
3 | shall also be subject to the provisions of this section |
4 | and sections 9796, 9798 and 9798.1(c)(1). The individual |
5 | shall be subject to this subchapter for a period of time |
6 | equal to the time for which the individual was required |
7 | to register in the other jurisdiction, less any credit |
8 | due to the individual as a result of prior compliance |
9 | with registration requirements. |
10 | (iii) Except as provided in subparagraphs (i) and |
11 | (ii), if the individual is subject to passive |
12 | notification in the other jurisdiction, the individual |
13 | shall, notwithstanding section 9792, be considered an |
14 | offender and be subject to this section and sections 9796 |
15 | and 9798.1(c)(2). The individual shall be subject to this |
16 | subchapter for a period of time equal to the time for |
17 | which the individual was required to register in the |
18 | other jurisdiction, less any credit due to the individual |
19 | as a result of prior registration compliance. |
20 | (c) Registration information to local police.-- |
21 | (1) The Pennsylvania State Police shall provide the |
22 | information obtained under this section and sections 9795.3 |
23 | (relating to sentencing court information) and 9796 (relating |
24 | to verification of residence) to the chief law enforcement |
25 | officers of the police departments of the municipalities in |
26 | which the individual will reside, be employed or enrolled as |
27 | a student. In addition, the Pennsylvania State Police shall |
28 | provide this officer with the address at which the individual |
29 | will reside, be employed or enrolled as a student following |
30 | his release from incarceration, parole or probation. |
|
1 | (2) The Pennsylvania State Police shall provide notice |
2 | to the chief law enforcement officers of the police |
3 | departments of the municipalities notified pursuant to |
4 | paragraph (1) when an individual fails to comply with the |
5 | registration requirements of this section or section 9796 and |
6 | request, as appropriate, that these police departments assist |
7 | in locating and apprehending the individual. |
8 | (3) The Pennsylvania State Police shall provide notice |
9 | to the chief law enforcement officers of the police |
10 | departments of the municipalities notified pursuant to |
11 | paragraph (1) when they are in receipt of information |
12 | indicating that the individual will no longer reside, be |
13 | employed or be enrolled as a student in the municipality. |
14 | (d) Penalty.--An individual subject to registration under |
15 | section 9795.1(a) or (b) who fails to register with the |
16 | Pennsylvania State Police as required by this section may be |
17 | subject to prosecution under 18 Pa.C.S. § 4915 (relating to |
18 | failure to comply with registration of sexual offenders |
19 | requirements). |
20 | (e) Registration sites.--An individual subject to section |
21 | 9795.1 shall register and submit to fingerprinting and |
22 | photographing as required by this subchapter at approved |
23 | registration sites. |
24 | § 9795.3. Sentencing court information. |
25 | The sentencing court shall inform offenders and sexually |
26 | violent predators at the time of sentencing of the provisions of |
27 | this subchapter. The court shall: |
28 | (1) Specifically inform the offender or sexually violent |
29 | predator of the duty to register and provide the information |
30 | required for each registration, including verification as |
|
1 | required in section 9796(a) (relating to verification of |
2 | residence). |
3 | (2) Specifically inform the offender or sexually violent |
4 | predator of the duty to inform the Pennsylvania State Police |
5 | within ten days if the offender or sexually violent predator |
6 | changes residence or establishes an additional residence or |
7 | residences, changes employer or employment location for a |
8 | period of time that will exceed 14 days or for an aggregate |
9 | period of time that will exceed 30 days during any calendar |
10 | year or terminates employment or changes institution or |
11 | location at which the person is enrolled as a student or |
12 | terminates enrollment. |
13 | (2.1) Specifically inform the offender or sexually |
14 | violent predator of the duty to inform the Pennsylvania State |
15 | Police within ten days of becoming employed or enrolled as a |
16 | student if the person has not previously provided that |
17 | information to the Pennsylvania State Police. |
18 | (3) Specifically inform the offender or sexually violent |
19 | predator of the duty to register with a new law enforcement |
20 | agency if the offender or sexually violent predator moves to |
21 | another state no later than ten days after establishing |
22 | residence in another state. |
23 | (4) Order the fingerprints and photograph of the |
24 | offender or sexually violent predator to be provided to the |
25 | Pennsylvania State Police upon sentencing. |
26 | (5) Specifically inform the offender or sexually violent |
27 | predator of the duty to register with the appropriate |
28 | authorities in any state in which the offender or sexually |
29 | violent predator is employed, carries on a vocation or is a |
30 | student if the state requires such registration. |
|
1 | (6) Require the offender or sexually violent predator to |
2 | read and sign a form stating that the duty to register under |
3 | this subchapter has been explained. Where the offender or |
4 | sexually violent predator is incapable of reading, the court |
5 | shall certify the duty to register was explained to the |
6 | offender or sexually violent predator and the offender or |
7 | sexually violent predator indicated an understanding of the |
8 | duty. |
9 | § 9795.4. Assessments. |
10 | (a) Order for assessment.--After conviction but before |
11 | sentencing, a court shall order an individual convicted of an |
12 | offense specified in section 9795.1 (relating to registration) |
13 | to be assessed by the board. The order for an assessment shall |
14 | be sent to the administrative officer of the board within ten |
15 | days of the date of conviction. |
16 | (b) Assessment.--Upon receipt from the court of an order for |
17 | an assessment, a member of the board as designated by the |
18 | administrative officer of the board shall conduct an assessment |
19 | of the individual to determine if the individual should be |
20 | classified as a sexually violent predator. The board shall |
21 | establish standards for evaluations and for evaluators |
22 | conducting the assessments. An assessment shall include, but not |
23 | be limited to, an examination of the following: |
24 | (1) Facts of the current offense, including: |
25 | (i) Whether the offense involved multiple victims. |
26 | (ii) Whether the individual exceeded the means |
27 | necessary to achieve the offense. |
28 | (iii) The nature of the sexual contact with the |
29 | victim. |
30 | (iv) Relationship of the individual to the victim. |
|
1 | (v) Age of the victim. |
2 | (vi) Whether the offense included a display of |
3 | unusual cruelty by the individual during the commission |
4 | of the crime. |
5 | (vii) The mental capacity of the victim. |
6 | (2) Prior offense history, including: |
7 | (i) The individual's prior criminal record. |
8 | (ii) Whether the individual completed any prior |
9 | sentences. |
10 | (iii) Whether the individual participated in |
11 | available programs for sexual offenders. |
12 | (3) Characteristics of the individual, including: |
13 | (i) Age of the individual. |
14 | (ii) Use of illegal drugs by the individual. |
15 | (iii) Any mental illness, mental disability or |
16 | mental abnormality. |
17 | (iv) Behavioral characteristics that contribute to |
18 | the individual's conduct. |
19 | (4) Factors that are supported in a sexual offender |
20 | assessment field as criteria reasonably related to the risk |
21 | of reoffense. |
22 | (c) Release of information.--All State, county and local |
23 | agencies, offices or entities in this Commonwealth, including |
24 | juvenile probation officers, shall cooperate by providing copies |
25 | of records and information as requested by the board in |
26 | connection with the court-ordered assessment and the assessment |
27 | requested by the Pennsylvania Board of Probation and Parole or |
28 | the assessment of a delinquent child under section 6358 |
29 | (relating to assessment of delinquent children by the State |
30 | Sexual Offenders Assessment Board). |
|
1 | (d) Submission of report by board.--The board shall have 90 |
2 | days from the date of conviction of the individual to submit a |
3 | written report containing its assessment to the district |
4 | attorney. |
5 | (d.1) Summary of offense.--The board shall prepare a |
6 | description of the offense or offenses which trigger the |
7 | application of this subchapter to include, but not be limited |
8 | to: |
9 | (1) A concise narrative of the offender's conduct. |
10 | (2) Whether the victim was a minor. |
11 | (3) The manner of weapon or physical force used or |
12 | threatened. |
13 | (4) If the offense involved unauthorized entry into a |
14 | room or vehicle occupied by the victim. |
15 | (5) If the offense was part of a course or pattern of |
16 | conduct involving multiple incidents or victims. |
17 | (6) Previous instances in which the offender was |
18 | determined guilty of an offense subject to this subchapter or |
19 | of a crime of violence as defined in section 9714(g) |
20 | (relating to sentences for second and subsequent offenses). |
21 | (e) Hearing.-- |
22 | (1) A hearing to determine whether the individual is a |
23 | sexually violent predator shall be scheduled upon the |
24 | praecipe filed by the district attorney. The district |
25 | attorney upon filing a praecipe shall serve a copy of same |
26 | upon defense counsel together with a copy of the report of |
27 | the board. |
28 | (2) The individual and district attorney shall be given |
29 | notice of the hearing and an opportunity to be heard, the |
30 | right to call witnesses, the right to call expert witnesses |
|
1 | and the right to cross-examine witnesses. In addition, the |
2 | individual shall have the right to counsel and to have a |
3 | lawyer appointed to represent him if he cannot afford one. If |
4 | the individual requests another expert assessment, the |
5 | individual shall provide a copy of the expert assessment to |
6 | the district attorney prior to the hearing. |
7 | (3) At the hearing prior to sentencing, the court shall |
8 | determine whether the Commonwealth has proved by clear and |
9 | convincing evidence that the individual is a sexually violent |
10 | predator. |
11 | (4) A copy of the order containing the determination of |
12 | the court shall be immediately submitted to the individual, |
13 | the district attorney, the Pennsylvania Board of Probation |
14 | and Parole, the Department of Corrections, the board and the |
15 | Pennsylvania State Police. |
16 | (f) Presentence investigation.--In all cases where the board |
17 | has performed an assessment pursuant to this section, copies of |
18 | the report shall be provided to the agency preparing the |
19 | presentence investigation. |
20 | (g) Parole assessment.--The Pennsylvania Board of Probation |
21 | and Parole may request of the board an assessment of an offender |
22 | or sexually violent predator be conducted and provide a report |
23 | to the Pennsylvania Board of Probation and Parole prior to |
24 | considering an offender or sexually violent predator for parole. |
25 | (h) Delinquent children.--Except where section 6358(b.1) |
26 | (relating to assessment of delinquent children by the State |
27 | Sexual Offenders Assessment Board) is applicable, the probation |
28 | officer shall notify the board 90 days prior to the 20th |
29 | birthday of the child of the status of the delinquent child who |
30 | is committed to an institution or other facility pursuant to |
|
1 | section 6352 (relating to disposition of delinquent child) after |
2 | having been found delinquent for an act of sexual violence which |
3 | if committed by an adult would be a violation of 18 Pa.C.S. § |
4 | 3121 (relating to rape), 3123 (relating to involuntary deviate |
5 | sexual intercourse), 3124.1 (relating to sexual assault), 3125 |
6 | (relating to aggravated indecent assault), 3126 (relating to |
7 | indecent assault) or 4302 (relating to incest), together with |
8 | the location of the facility where the child is committed. The |
9 | board shall conduct an assessment of the child, which shall |
10 | include the board's determination of whether or not the child is |
11 | in need of commitment due to a mental abnormality as defined in |
12 | section 6402 (relating to definitions) or a personality |
13 | disorder, either of which results in serious difficulty in |
14 | controlling sexually violent behavior, and provide a report to |
15 | the court within the time frames set forth in section 6358(c). |
16 | The probation officer shall assist the board in obtaining access |
17 | to the child and any records or information as requested by the |
18 | board in connection with the assessment. The assessment shall be |
19 | conducted pursuant to subsection (b). |
20 | (i) Other assessments.--Upon receipt from the court of an |
21 | order for an assessment under section 9795.5 (relating to |
22 | exemption from certain notification), a member of the board as |
23 | designated by the administrative officer of the board shall |
24 | conduct an assessment of the individual to determine if the |
25 | relief sought, if granted, is likely to pose a threat to the |
26 | safety of any other person. The board shall establish standards |
27 | for evaluations and for evaluators conducting these assessments. |
28 | § 9795.5. Exemption from certain notifications. |
29 | (a) Lifetime registrants not classified as sexually violent |
30 | predators.-- |
|
1 | (1) An individual required to register under section |
2 | 9795.1 (relating to registration) who is not a sexually |
3 | violent predator may petition the sentencing court to be |
4 | exempt from the application of section 9798.1 (relating to |
5 | information made available on the Internet) provided no less |
6 | than 20 years have passed since the individual has been |
7 | convicted in this or any other jurisdiction of any offense |
8 | punishable by imprisonment for more than one year, or the |
9 | individual's release from custody following the individual's |
10 | most recent conviction for any such offense, whichever is |
11 | later. |
12 | (2) Upon receipt of a petition filed under paragraph |
13 | (1), the sentencing court shall enter an order directing that |
14 | the petitioner be assessed by the board in accordance with |
15 | the provisions of section 9795.4(i) (relating to |
16 | assessments). The order for an assessment under this |
17 | subsection shall be sent to the administrative officer of the |
18 | board within ten days of its entry. No later than 90 days |
19 | following receipt of such an order, the board shall submit a |
20 | written report containing its assessment to the sentencing |
21 | court, the district attorney and the attorney for the |
22 | petitioner. |
23 | (3) Within 120 days of the filing of a petition under |
24 | paragraph (1), the sentencing court shall hold a hearing to |
25 | determine whether to exempt the petitioner from the |
26 | application of section 9798.1. The petitioner and the |
27 | district attorney shall be given notice of the hearing and an |
28 | opportunity to be heard, the right to call witnesses, the |
29 | right to call expert witnesses and the right to cross-examine |
30 | witnesses. The petitioner shall have the right to counsel and |
|
1 | to have a lawyer appointed to represent him if he cannot |
2 | afford one. |
3 | (4) The sentencing court shall exempt the petitioner |
4 | from application of section 9798.1 only upon finding by clear |
5 | and convincing evidence that exempting the petitioner from |
6 | the application of section 9798.1 is not likely to pose a |
7 | threat to the safety of any other person. |
8 | (b) Sexually violent predators.-- |
9 | (1) An individual required to register under section |
10 | 9795.1 who is a sexually violent predator may petition the |
11 | sentencing court for release from the application of section |
12 | 9798 (relating to other notification) provided no less than |
13 | 20 years have passed since the individual has been convicted |
14 | in this or any other jurisdiction of any offense punishable |
15 | by imprisonment for more than one year, or the individual's |
16 | release from custody following the individual's most recent |
17 | conviction for any such offense, whichever is later. |
18 | (2) Upon receipt of a petition under paragraph (1), the |
19 | sentencing court shall order the petitioner to be assessed by |
20 | the board in accordance with the provisions of section |
21 | 9795.4(i). The order for an assessment pursuant to this |
22 | subsection shall be sent to the administrative officer of the |
23 | board within ten days of its entry. No later than 90 days |
24 | following receipt of such an order, the board shall submit a |
25 | written report containing its assessment to the sentencing |
26 | court, the district attorney and the attorney for the |
27 | petitioner. |
28 | (3) Within 120 days of the filing of a petition under |
29 | paragraph (1), the sentencing court shall hold a hearing to |
30 | determine whether to exempt the petitioner from application |
|
1 | of section 9798. The petitioner and the district attorney |
2 | shall be given notice of the hearing and an opportunity to be |
3 | heard, the right to call witnesses, the right to call expert |
4 | witnesses and the right to cross-examine witnesses. The |
5 | petitioner shall have the right to counsel and to have a |
6 | lawyer appointed to represent him if he cannot afford one. |
7 | (4) The sentencing court shall exempt the petitioner |
8 | from application of section 9798 only upon clear and |
9 | convincing evidence that releasing the petitioner from |
10 | application of section 9798 is not likely to pose a threat to |
11 | the safety of any other person. |
12 | (c) Notice.--Any court granting relief to a petitioner under |
13 | this section shall notify the Pennsylvania State Police in |
14 | writing within ten days from the date such relief is granted. |
15 | (d) Right to appeal.--The petitioner and the Commonwealth |
16 | shall have the right to appellate review of the actions of the |
17 | sentencing court taken under this section. An appeal by the |
18 | Commonwealth shall stay the order of the sentencing court. |
19 | (e) Subsequent conviction for failing to comply.--If an |
20 | individual is exempt from the application of either section 9798 |
21 | or 9798.1 under this section and the individual is subsequently |
22 | convicted of an offense under 18 Pa.C.S. § 4915 (relating to |
23 | failure to comply with registration of sexual offenders |
24 | requirements), any relief granted under this section shall be |
25 | void, and the individual shall automatically and immediately |
26 | again be subject to all applicable provisions of this |
27 | subchapter, as previously determined by this subchapter. |
28 | § 9796. Verification of residence. |
29 | (a) Quarterly verification by sexually violent predators.-- |
30 | The Pennsylvania State Police shall verify the residence and |
|
1 | compliance with counseling as provided for in section 9799.4 |
2 | (relating to counseling of sexually violent predators) of |
3 | sexually violent predators every 90 days through the use of a |
4 | nonforwardable verification form to the last reported residence. |
5 | For the period of registration required by section 9795.1 |
6 | (relating to registration), a sexually violent predator shall |
7 | appear quarterly between January 5 and January 15, April 5 and |
8 | April 15, July 5 and July 15 and October 5 and October 15 of |
9 | each calendar year at an approved registration site to complete |
10 | a verification form and to be photographed. |
11 | (a.1) Facilitation of quarterly verification.--The |
12 | Pennsylvania State Police shall facilitate and administer the |
13 | verification process required by subsection (a) by: |
14 | (1) sending a notice by first class United States mail |
15 | to all registered sexually violent predators at their last |
16 | reported residence addresses. This notice shall be sent not |
17 | more than 30 days nor less than 15 days prior to each of the |
18 | quarterly verification periods set forth in subsection (a) |
19 | and shall remind sexually violent predators of their |
20 | quarterly verification requirement and provide them with a |
21 | list of approved registration sites; and |
22 | (2) providing verification and compliance forms as |
23 | necessary to each approved registration site not less than |
24 | ten days before each of the quarterly verification periods. |
25 | (b) Annual verification by offenders.--The Pennsylvania |
26 | State Police shall verify the residence of offenders. For the |
27 | period of registration required by section 9795.1, an offender |
28 | shall appear within ten days before each annual anniversary date |
29 | of the offender's initial registration under section 9795.1 at |
30 | an approved registration site to complete a verification form |
|
1 | and to be photographed. |
2 | (b.1) Facilitation of annual verification.--The Pennsylvania |
3 | State Police shall facilitate and administer the verification |
4 | process required by subsection (b) by: |
5 | (1) sending a notice by first class United States mail |
6 | to all registered offenders at their last reported residence |
7 | addresses. This notice shall be sent not more than 30 days |
8 | nor less than 15 days prior to each offender's annual |
9 | anniversary date and shall remind the offender of the annual |
10 | verification requirement and provide the offender with a list |
11 | of approved registration sites; and |
12 | (2) providing verification and compliance forms as |
13 | necessary to each approved registration site. |
14 | (c) Notification of law enforcement agencies of change of |
15 | residence.--A change of residence of an offender or sexually |
16 | violent predator required to register under this subchapter |
17 | reported to the Pennsylvania State Police shall be immediately |
18 | reported by the Pennsylvania State Police to the appropriate law |
19 | enforcement agency having jurisdiction of the offender's or the |
20 | sexually violent predator's new place of residence. The |
21 | Pennsylvania State Police shall, if the offender or sexually |
22 | violent predator changes residence to another state, notify the |
23 | law enforcement agency with which the offender or sexually |
24 | violent predator must register in the new state. |
25 | (d) Failure to provide verification.--Where an offender or |
26 | sexually violent predator fails to provide verification of |
27 | residence within the ten-day period as set forth in this |
28 | section, the Pennsylvania State Police shall immediately notify |
29 | the municipal police department of the offender's or the |
30 | sexually violent predator's last verified residence. The local |
|
1 | municipal police shall locate the offender or sexually violent |
2 | predator and arrest him for violating this section. The |
3 | Pennsylvania State Police shall assume responsibility for |
4 | locating the offender or sexually violent predator and arresting |
5 | him in jurisdictions where no municipal police jurisdiction |
6 | exists. The Pennsylvania State Police shall assist any municipal |
7 | police department requesting assistance with locating and |
8 | arresting an offender or sexually violent predator who fails to |
9 | verify his residence. |
10 | (e) Penalty.--An individual subject to registration under |
11 | section 9795.1(a) or (b) who fails to verify his residence or to |
12 | be photographed as required by this section may be subject to |
13 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
14 | comply with registration of sexual offenders requirements). |
15 | (f) Effect of notice.--Neither failure on the part of the |
16 | Pennsylvania State Police to send nor failure of a sexually |
17 | violent predator or offender to receive any notice or |
18 | information under subsection (a.1) or (b.1) shall relieve that |
19 | predator or offender from the requirements of this subchapter. |
20 | § 9797. Victim notification. |
21 | (a) Duty to inform victim.-- |
22 | (1) Where the individual is determined to be a sexually |
23 | violent predator by a court under section 9795.4 (relating to |
24 | assessments), the local municipal police department or the |
25 | Pennsylvania State Police where no municipal police |
26 | jurisdiction exists shall give written notice to the sexually |
27 | violent predator's victim when the sexually violent predator |
28 | registers initially and when he notifies the Pennsylvania |
29 | State Police of any change of residence. This notice shall be |
30 | given within 72 hours after the sexually violent predator |
|
1 | registers or notifies the Pennsylvania State Police of a |
2 | change of address. The notice shall contain the sexually |
3 | violent predator's name and the address or addresses where he |
4 | resides. |
5 | (2) A victim may terminate the duty to inform set forth |
6 | in paragraph (1) by providing the local municipal police |
7 | department or the Pennsylvania State Police where no local |
8 | municipal police department exists with a written statement |
9 | releasing that agency from the duty to comply with this |
10 | section as it pertains to that victim. |
11 | (b) Where an individual is not determined to be a sexually |
12 | violent predator.--Where an individual is not determined to be a |
13 | sexually violent predator by a court under section 9795.4, the |
14 | victim shall be notified in accordance with section 201 of the |
15 | act of November 24, 1998 (P.L.882, No.111), known as the Crime |
16 | Victims Act. |
17 | § 9798. Other notification. |
18 | (a) Notice by municipality's chief law enforcement |
19 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
20 | Ch. 91 (relating to criminal history record information), the |
21 | chief law enforcement officer of the full-time or part-time |
22 | police department of the municipality where a sexually violent |
23 | predator lives shall be responsible for providing written notice |
24 | as required under this section. |
25 | (1) The notice shall contain: |
26 | (i) The name of the convicted sexually violent |
27 | predator. |
28 | (ii) The address or addresses at which he resides. |
29 | (iii) The offense for which he was convicted, |
30 | sentenced by a court, adjudicated delinquent or |
|
1 | courtmartialed. |
2 | (iv) A statement that he has been determined by |
3 | court order to be a sexually violent predator, which |
4 | determination has or has not been terminated as of a date |
5 | certain. |
6 | (v) A photograph of the sexually violent predator, |
7 | if available. |
8 | (2) The notice shall not include any information that |
9 | might reveal the victim's name, identity and residence. |
10 | (b) To whom written notice is provided.--The chief law |
11 | enforcement officer shall provide written notice, under |
12 | subsection (a), to the following persons: |
13 | (1) Neighbors of the sexually violent predator. As used |
14 | in this paragraph, where the sexually violent predator lives |
15 | in a common interest community, the term "neighbor" includes |
16 | the unit owners' association and residents of the common |
17 | interest community. |
18 | (2) The director of the county children and youth |
19 | service agency of the county where the sexually violent |
20 | predator resides. |
21 | (3) The superintendent of each school district and the |
22 | equivalent official for private and parochial schools |
23 | enrolling students up through grade 12 in the municipality |
24 | where the sexually violent predator resides. |
25 | (3.1) The superintendent of each school district and the |
26 | equivalent official for each private and parochial school |
27 | located within a one-mile radius of where the sexually |
28 | violent predator resides. |
29 | (4) The licensee of each certified day care center and |
30 | licensed preschool program and owner/operator of each |
|
1 | registered family day care home in the municipality where the |
2 | sexually violent predator resides. |
3 | (5) The president of each college, university and |
4 | community college located within 1,000 feet of a sexually |
5 | violent predator's residence. |
6 | (c) Urgency of notification.--The municipal police |
7 | department's chief law enforcement officer shall provide notice |
8 | within the following time frames: |
9 | (1) To neighbors, notice shall be provided within five |
10 | days after information of the sexually violent predator's |
11 | release date and residence has been received by the chief law |
12 | enforcement officer. Notwithstanding the provisions of |
13 | subsections (a) and (b), verbal notification may be used if |
14 | written notification would delay meeting this time |
15 | requirement. |
16 | (2) To the persons specified in subsection (b)(2), (3), |
17 | (4) and (5), notice shall be provided within seven days after |
18 | the chief law enforcement officer receives information |
19 | regarding the sexually violent predator's release date and |
20 | residence. |
21 | (d) Public notice.--All information provided in accordance |
22 | with subsection (a) shall be available, upon request, to the |
23 | general public. The information may be provided by electronic |
24 | means. |
25 | (e) Interstate transfers.--The duties of police departments |
26 | under this section shall also apply to individuals who are |
27 | transferred to this Commonwealth pursuant to the Interstate |
28 | Compact for the Supervision of Adult Offenders or the Interstate |
29 | Compact for Juveniles. |
30 | § 9798.1. Information made available on the Internet. |
|
1 | (a) Legislative findings.--It is hereby declared to be the |
2 | finding of the General Assembly that public safety will be |
3 | enhanced by making information about sexually violent predators, |
4 | lifetime registrants and other sex offenders available to the |
5 | public through the Internet. Knowledge of whether a person is a |
6 | sexually violent predator, lifetime registrant or other sex |
7 | offender could be a significant factor in protecting oneself and |
8 | one's family members, or those in care of a group or community |
9 | organization, from recidivist acts by sexually violent |
10 | predators, lifetime registrants and other sex offenders. The |
11 | technology afforded by the Internet would make this information |
12 | readily accessible to parents and private entities, enabling |
13 | them to undertake appropriate remedial precautions to prevent or |
14 | avoid placing potential victims at risk. Public access to |
15 | information about sexually violent predators, lifetime |
16 | registrants and other sex offenders is intended solely as a |
17 | means of public protection and shall not be construed as |
18 | punitive. |
19 | (b) Internet posting of sexually violent predators, lifetime |
20 | registrants and other offenders.--The Commissioner of the |
21 | Pennsylvania State Police shall, in the manner and form directed |
22 | by the Governor: |
23 | (1) Develop and maintain a system for making the |
24 | information described in subsection (c) publicly available by |
25 | electronic means so that the public may, without limitation, |
26 | obtain access to the information via an Internet website to |
27 | view an individual record or the records of all sexually |
28 | violent predators, lifetime registrants and other offenders |
29 | who are registered with the Pennsylvania State Police. |
30 | (2) Ensure that the Internet website contains warnings |
|
1 | that any person who uses the information contained therein to |
2 | threaten, intimidate or harass another or who otherwise |
3 | misuses that information may be criminally prosecuted. |
4 | (3) Ensure that the Internet website contains an |
5 | explanation of its limitations, including statements advising |
6 | that a positive identification of a sexually violent |
7 | predator, lifetime registrant or other offender whose record |
8 | has been made available may be confirmed only by |
9 | fingerprints; that some information contained on the Internet |
10 | website may be outdated or inaccurate; and that the Internet |
11 | website is not a comprehensive listing of every person who |
12 | has ever committed a sex offense in Pennsylvania. |
13 | (4) Strive to ensure that: |
14 | (i) the information contained on the Internet |
15 | website is accurate; |
16 | (ii) the data therein is revised and updated as |
17 | appropriate in a timely and efficient manner; and |
18 | (iii) instructions are included on how to seek |
19 | correction of information which a person contends is |
20 | erroneous. |
21 | (5) Provide on the Internet website general information |
22 | designed to inform and educate the public about sex offenders |
23 | and sexually violent predators and the operation of this |
24 | subchapter as well as pertinent and appropriate information |
25 | concerning crime prevention and personal safety, with |
26 | appropriate links to other relevant Internet websites |
27 | operated by the Commonwealth of Pennsylvania. |
28 | (6) Identify when the victim is a minor with a special |
29 | designation. The identity of a victim of a sex offense shall |
30 | not be published or posted on the Internet website. |
|
1 | (c) Information permitted to be disclosed regarding |
2 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
3 | criminal history record information), the Internet website shall |
4 | contain the following information on each individual: |
5 | (1) For sexually violent predators, the following |
6 | information shall be posted on the Internet website: |
7 | (i) name and all known aliases; |
8 | (ii) year of birth; |
9 | (iii) the street address, municipality, county and |
10 | zip code of all residences, including, where applicable, |
11 | the name of the prison or other place of confinement; |
12 | (iv) the street address, municipality, county, zip |
13 | code and name of any institution or location at which the |
14 | person is enrolled as a student; |
15 | (v) the municipality, county and zip code of any |
16 | employment location; |
17 | (vi) a photograph of the offender, which shall be |
18 | updated not less than annually; |
19 | (vii) a physical description of the offender, |
20 | including sex, height, weight, eye color, hair color and |
21 | race; |
22 | (viii) any identifying marks, including scars, |
23 | birthmarks and tattoos; |
24 | (ix) the license plate number and description of any |
25 | vehicle owned or registered to the offender; |
26 | (x) whether the offender is currently compliant with |
27 | registration requirements; |
28 | (xi) whether the victim is a minor; |
29 | (xii) a description of the offense or offenses which |
30 | triggered the application of this subchapter; and |
|
1 | (xiii) the date of the offense and conviction, if |
2 | available. |
3 | (2) For all other lifetime registrants and offenders |
4 | subject to registration, the information set forth in |
5 | paragraph (1) shall be posted on the Internet website. |
6 | (d) Duration of Internet posting.-- |
7 | (1) The information listed in subsection (c) about a |
8 | sexually violent predator shall be made available on the |
9 | Internet for the lifetime of the sexually violent predator. |
10 | (2) The information listed in subsection (c) about an |
11 | offender who is subject to lifetime registration shall be |
12 | made available on the Internet for the lifetime of the |
13 | offender unless the offender is granted relief under section |
14 | 9795.5 (relating to exemption from certain notifications). |
15 | (3) The information listed in subsection (c) about any |
16 | other offender subject to registration shall be made |
17 | available on the Internet for the entire period during which |
18 | the offender is required to register, including any extension |
19 | of this period pursuant to 9795.2(a)(3) (relating to |
20 | registration procedures and applicability). |
21 | § 9798.2. Administration. |
22 | The Governor shall direct the Pennsylvania State Police, the |
23 | Pennsylvania Board of Probation and Parole, the State Sexual |
24 | Offenders Assessment Board, the Department of Corrections, the |
25 | Department of Transportation and any other agency of this |
26 | Commonwealth the Governor deems necessary to collaboratively |
27 | design, develop and implement an integrated and secure system of |
28 | communication, storage and retrieval of information to assure |
29 | the timely, accurate and efficient administration of this |
30 | subchapter. |
|
1 | § 9798.3. Global positioning system technology. |
2 | The Pennsylvania Board of Probation and Parole and county |
3 | probation authorities may impose supervision conditions that |
4 | include offender tracking through global positioning system |
5 | technology. |
6 | § 9799. Immunity for good faith conduct. |
7 | The following entities shall be immune from liability for |
8 | good faith conduct under this subchapter: |
9 | (1) The Pennsylvania State Police and local law |
10 | enforcement agencies and employees of law enforcement |
11 | agencies. |
12 | (2) District attorneys and their agents and employees. |
13 | (3) Superintendents, administrators, teachers, employees |
14 | and volunteers engaged in the supervision of children of any |
15 | public, private or parochial school. |
16 | (4) Directors and employees of county children and youth |
17 | agencies. |
18 | (5) Presidents or similar officers of universities and |
19 | colleges, including community colleges. |
20 | (6) The Pennsylvania Board of Probation and Parole and |
21 | its agents and employees. |
22 | (7) County probation and parole offices and their agents |
23 | and employees. |
24 | (8) Licensees of certified day care centers and |
25 | directors of licensed preschool programs and owners/operators |
26 | of registered family day care homes, and their agents and |
27 | employees. |
28 | (9) The Pennsylvania Department of Corrections and its |
29 | agents and employees. |
30 | (10) County correctional facilities and their agents and |
|
1 | employees. |
2 | (11) Members of the Sexual Offenders Assessment Board |
3 | and its agents and employees. |
4 | (12) The unit owners' association of a common interest |
5 | community and its agents and employees as it relates to |
6 | distributing information regarding sexually violent predators |
7 | obtained pursuant to section 9798(b)(1) (relating to other |
8 | notification). |
9 | § 9799.1. Duties of Pennsylvania State Police. |
10 | The Pennsylvania State Police shall: |
11 | (1) Create and maintain a State registry of offenders |
12 | and sexually violent predators. |
13 | (2) In consultation with the Department of Corrections, |
14 | the Office of Attorney General, the Pennsylvania Board of |
15 | Probation and Parole and the chairman and the minority |
16 | chairman of the Judiciary Committee of the Senate and the |
17 | chairman and the minority chairman of the Judiciary Committee |
18 | of the House of Representatives, promulgate guidelines |
19 | necessary for the general administration of this subchapter. |
20 | These guidelines shall establish procedures to allow an |
21 | individual subject to the requirements of sections 9795.1 |
22 | (relating to registration) and 9796 (relating to verification |
23 | of residence) to fulfill these requirements at approved |
24 | registration sites throughout this Commonwealth. The |
25 | Pennsylvania State Police shall publish a list of approved |
26 | registration sites in the Pennsylvania Bulletin and provide a |
27 | list of approved registration sites in any notices sent to |
28 | individuals required to register under section 9795.1. An |
29 | approved registration site shall be capable of submitting |
30 | fingerprints, photographs and any other information required |
|
1 | electronically to the Pennsylvania State Police. The |
2 | Pennsylvania State Police shall require that approved |
3 | registration sites submit fingerprints utilizing the |
4 | Integrated Automated Fingerprint Identification System or in |
5 | another manner and in such form as the Pennsylvania State |
6 | Police shall require. The Pennsylvania State Police shall |
7 | require that approved registration sites submit photographs |
8 | utilizing the Commonwealth Photo Imaging Network or in |
9 | another manner and in such form as the Pennsylvania State |
10 | Police shall require. Approved registration sites shall not |
11 | be limited to sites managed by the Pennsylvania State Police |
12 | and shall include sites managed by local law enforcement |
13 | agencies that meet the criteria for approved registration |
14 | sites set forth in this paragraph. |
15 | (3) Write regulations regarding neighbor notification of |
16 | the current residence of sexually violent predators. |
17 | (4) Notify, within five days of receiving the offender's |
18 | or the sexually violent predator's registration, the chief |
19 | law enforcement officers of the police departments having |
20 | primary jurisdiction of the municipalities in which an |
21 | offender or sexually violent predator resides, is employed or |
22 | enrolled as a student of the fact that the offender or |
23 | sexually violent predator has been registered with the |
24 | Pennsylvania State Police pursuant to sections 9795.2 |
25 | (relating to registration procedures and applicability) and |
26 | 9796 (relating to verification of residence). |
27 | (5) In consultation with the Department of Education and |
28 | the Pennsylvania Board of Probation and Parole, promulgate |
29 | guidelines directing licensed day-care centers, licensed |
30 | preschool programs, schools, universities and colleges, |
|
1 | including community colleges, on the proper use and |
2 | administration of information received under section 9798 |
3 | (relating to other notification). |
4 | (6) Immediately transfer the information received from |
5 | the Pennsylvania Board of Probation and Parole under section |
6 | 9799.2(2) and (3) (relating to duties of Pennsylvania Board |
7 | of Probation and Parole) and the fingerprints of a sexually |
8 | violent predator to the Federal Bureau of Investigation. |
9 | § 9799.2. Duties of Pennsylvania Board of Probation and Parole. |
10 | The Pennsylvania Board of Probation and Parole shall: |
11 | (1) Create a notification form which will inform State |
12 | and county prison and probation and parole personnel how to |
13 | inform offenders and sexually violent predators required to |
14 | register under this subchapter of their duty under the law. |
15 | (2) In cooperation with the Department of Corrections |
16 | and other Commonwealth agencies, obtain the following |
17 | information regarding offenders and sexually violent |
18 | predators: |
19 | (i) Name, including any aliases. |
20 | (ii) Identifying factors. |
21 | (iii) Anticipated future residence. |
22 | (iv) Offense history. |
23 | (v) Documentation of any treatment received for the |
24 | mental abnormality or personality disorder. |
25 | (vi) Photograph of the offender or sexually violent |
26 | predator. |
27 | (3) Immediately transmit the information in paragraph |
28 | (2) to the Pennsylvania State Police for immediate entry into |
29 | the State registry of offenders and sexually violent |
30 | predators and the criminal history record of the individual |
|
1 | as provided in 18 Pa.C.S. Ch. 91 (relating to criminal |
2 | history record information). |
3 | (4) Apply for Federal funding as provided in the Adam |
4 | Walsh Child Protection and Safety Act of 2006 (Public Law |
5 | 109-248, 120 Stat. 587) to support and enhance programming |
6 | using satellite global positioning system technology. |
7 | § 9799.3. Board. |
8 | (a) Composition.--The State Sexual Offenders Assessment |
9 | Board shall be composed of psychiatrists, psychologists and |
10 | criminal justice experts, each of whom is an expert in the field |
11 | of the behavior and treatment of sexual offenders. |
12 | (b) Appointment.--The Governor shall appoint the board |
13 | members. |
14 | (c) Term of office.--Members of the board shall serve four- |
15 | year terms. |
16 | (d) Compensation.--The members of the board shall be |
17 | compensated at a rate of $350 per assessment and receive |
18 | reimbursement for their actual and necessary expenses while |
19 | performing the business of the board. The chairman shall receive |
20 | $500 additional compensation per annum. |
21 | (e) Staff.--Support staff for the board shall be provided by |
22 | the Pennsylvania Board of Probation and Parole. |
23 | § 9799.4. Counseling of sexually violent predators. |
24 | For the period of registration required by section 9795.1(b) |
25 | (relating to registration), a sexually violent predator shall be |
26 | required to attend at least monthly counseling sessions in a |
27 | program approved by the board and be financially responsible for |
28 | all fees assessed from such counseling sessions. The board shall |
29 | monitor the compliance of the sexually violent predator. If the |
30 | sexually violent predator can prove to the satisfaction of the |
|
1 | court that the person cannot afford to pay for the counseling |
2 | sessions, that person shall still attend the counseling sessions |
3 | and the parole office shall pay the requisite fees. |
4 | § 9799.7. Exemption from notification for certain licensees and |
5 | their employees. |
6 | Nothing in this subchapter shall be construed as imposing a |
7 | duty upon a person licensed under the act of February 19, 1980 |
8 | (P.L.15, No.9), known as the Real Estate Licensing and |
9 | Registration Act, or an employee thereof to disclose any |
10 | information regarding: |
11 | (1) a sexually violent predator; or |
12 | (2) an individual who is transferred to this |
13 | Commonwealth pursuant to the Interstate Compact for the |
14 | Supervision of Adult Offenders or the Interstate Compact for |
15 | Juveniles. |
16 | § 9799.8. Annual performance audit. |
17 | (a) Duties of the Attorney General.--The Attorney General |
18 | shall: |
19 | (1) Conduct a performance audit annually to determine |
20 | compliance with the requirements of this subchapter and any |
21 | guidelines promulgated pursuant thereto. The audit shall, at |
22 | a minimum, include a review of the practices, procedures and |
23 | records of the Pennsylvania State Police, the Pennsylvania |
24 | Board of Probation and Parole, the Department of Corrections, |
25 | the State Sexual Offenders Assessment Board, the |
26 | Administrative Office of the Pennsylvania Courts and any |
27 | other State or local agency the Attorney General deems |
28 | necessary in order to conduct a thorough and accurate |
29 | performance audit. |
30 | (2) Prepare an annual report of its findings and any |
|
1 | action it recommends be taken by the Pennsylvania State |
2 | Police, the Pennsylvania Board of Probation and Parole, the |
3 | Department of Corrections, the State Sexual Offenders |
4 | Assessment Board, the Administrative Office of the |
5 | Pennsylvania Courts, other State or local agencies and the |
6 | General Assembly to ensure compliance with this subchapter. |
7 | The first report shall be released to the general public not |
8 | less than 18 months following the effective date of this |
9 | section. |
10 | (3) Provide a copy of its report to the Pennsylvania |
11 | State Police, the Pennsylvania Board of Probation and Parole, |
12 | the Department of Corrections, the State Sexual Offenders |
13 | Assessment Board, the Administrative Office of the |
14 | Pennsylvania Courts, State or local agencies referenced |
15 | therein, the chairman and the minority chairman of the |
16 | Judiciary Committee of the Senate and the chairman and the |
17 | minority chairman of the Judiciary Committee of the House of |
18 | Representatives no less than 30 days prior to its release to |
19 | the general public. |
20 | (b) Cooperation required.--Notwithstanding any other |
21 | provision of law to the contrary, the Pennsylvania State Police, |
22 | the Pennsylvania Board of Probation and Parole, the Department |
23 | of Corrections, the State Sexual Offenders Assessment Board, the |
24 | Administrative Office of the Pennsylvania Courts, the |
25 | Pennsylvania Commission on Sentencing and any other State or |
26 | local agency requested to do so shall fully cooperate with the |
27 | Attorney General and assist the office in satisfying the |
28 | requirements of this section. For purposes of this subsection, |
29 | full cooperation shall include, at a minimum, complete access to |
30 | unredacted records, files, reports and data systems. |
|
1 | § 9799.9. Photographs and fingerprinting. |
2 | An individual subject to section 9795.1 (relating to |
3 | registration) shall submit to fingerprinting and photographing |
4 | as required by this subchapter at approved registration sites. |
5 | Fingerprinting as required by this subchapter shall, at a |
6 | minimum, require submission of a full set of fingerprints. |
7 | Photographing as required by this subchapter shall, at a |
8 | minimum, require submission to photographs of the face and any |
9 | scars, marks, tattoos or other unique features of the |
10 | individual. Fingerprints and photographs obtained under this |
11 | subchapter may be maintained for use under this subchapter and |
12 | for general law enforcement purposes.] |
13 | Section 5. Title 42 is amended by adding sections to read: |
14 | § 9799.11. Legislative findings and declaration of policy. |
15 | (a) Legislative findings.--The General Assembly finds as |
16 | follows: |
17 | (1) If the public is provided adequate notice and |
18 | information about certain offenders, the community can |
19 | develop constructive plans to prepare themselves and their |
20 | children for the offender's presence in the community. This |
21 | allows communities to meet with law enforcement to prepare |
22 | and obtain information about the rights and responsibilities |
23 | of the community and to provide education and counseling to |
24 | their children. |
25 | (2) These offenders pose a high risk of engaging in |
26 | further offenses, and protection of the public from this type |
27 | of offender is a paramount governmental interest. |
28 | (3) The penal and mental health components of our |
29 | justice system are largely hidden from public view, and lack |
30 | of information from either may result in failure of both |
|
1 | systems to meet this paramount concern of public safety. |
2 | (4) Overly restrictive confidentiality and liability |
3 | laws governing the release of information about offenders |
4 | have reduced the willingness to release information that |
5 | could be appropriately released under the public disclosure |
6 | laws and have increased risks to public safety. |
7 | (5) Persons found to have committed the offenses have a |
8 | reduced expectation of privacy because of the public's |
9 | interest in public safety and in the effective operation of |
10 | government. |
11 | (6) Release of information about offenders to public |
12 | agencies and the general public will further the governmental |
13 | interests of public safety and public scrutiny of the |
14 | criminal and mental health systems so long as the information |
15 | released is rationally related to the furtherance of those |
16 | goals. |
17 | (7) Public safety will be enhanced by making information |
18 | regarding offenders and out-of-State offenders available to |
19 | the public through the Internet and other electronic means. |
20 | (8) Knowledge of whether a person is an offender or out- |
21 | of-State offender could be a significant factor in protecting |
22 | oneself and one's family members, or those in care of a group |
23 | or community organization, from recidivist acts by offenders. |
24 | (9) The technology afforded by the Internet and other |
25 | modern electronic communication methods would make this |
26 | information readily accessible to parents, minors and private |
27 | entities, enabling them to undertake appropriate remedial |
28 | precautions to prevent or avoid placing potential victims at |
29 | risk. |
30 | (b) Declaration of policy.--The General Assembly declares as |
|
1 | follows: |
2 | (1) It is the intention of the General Assembly to |
3 | protect the safety and general welfare of the people of this |
4 | Commonwealth by providing for registration and community |
5 | notification regarding offenders. |
6 | (2) It is the policy of the Commonwealth to require the |
7 | exchange of relevant information about offenders among public |
8 | agencies and officials and to authorize the release of |
9 | necessary and relevant information about offenders to members |
10 | of the general public as a means of assuring public |
11 | protection and shall not be construed as punitive. |
12 | § 9799.12. Definitions. |
13 | The following words and phrases when used in this subchapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Approved registration site." A site in this Commonwealth |
17 | approved by the Pennsylvania State Police: |
18 | (1) at which individuals subject to this subchapter may |
19 | register, update and verify information or be fingerprinted |
20 | and photographed as required by this subchapter; |
21 | (2) which is capable of submitting fingerprints |
22 | utilizing the Integrated Automated Fingerprint Identification |
23 | System or in another manner and in the form as the |
24 | Pennsylvania State Police shall require; and |
25 | (3) which is capable of submitting photographs in the |
26 | form as the Pennsylvania State Police shall require. |
27 | "Board." The State Sexual Offenders Assessment Board. |
28 | "Class 1 sexual offender." Any individual convicted of a |
29 | Class 1 sexual offense. |
30 | "Class 2 sexual offender." Any individual convicted of a |
|
1 | Class 2 sexual offense. |
2 | "Class 3 sexual offender." Any individual convicted of a |
3 | Class 3 sexual offense. |
4 | "Class 1 sexual offense." Any of the following offenses or |
5 | of attempt, solicitation or conspiracy to commit any of the |
6 | following offenses: |
7 | 18 Pa.C.S. § 2902 (relating to unlawful restraint) if the |
8 | victim is a minor and the perpetrator is not the victim's |
9 | parent. |
10 | 18 Pa.C.S. § 2903 (relating to false imprisonment) if the |
11 | victim is a minor and the perpetrator is not the victim's |
12 | parent. |
13 | 18 Pa.C.S. § 2904 (relating to interference with custody |
14 | of children) if the victim is a minor and the perpetrator is |
15 | not the victim's parent. |
16 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
17 | motor vehicle or structure). |
18 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
19 | assault) if the victim is not a minor. |
20 | 18 Pa.C.S. § 3126 (relating to indecent assault) if the |
21 | offense is graded a misdemeanor of the first degree or higher |
22 | and the punishment is less than one year. |
23 | 18 Pa.C.S. § 7507.1 (relating to invasion of privacy). |
24 | "Class 2 sexual offense." Any of the following offenses or |
25 | of attempt, solicitation or conspiracy to commit any of the |
26 | following offenses: |
27 | 18 Pa.C.S. § 3126 (relating to indecent assault) if the |
28 | offense is graded as a misdemeanor of the first degree or |
29 | higher and the punishment is one year or more or if the |
30 | individual was previously convicted of 18 Pa.C.S. § 3126. |
|
1 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
2 | related offenses) if the actor promoted the prostitution of a |
3 | minor. |
4 | 18 Pa.C.S.§ 5903(a)(3), (4), (5), or (6) (relating to |
5 | obscene and other sexual materials and performances) if the |
6 | victim is a minor. |
7 | 18 Pa.C.S. § 6312 (relating to sexual abuse of children). |
8 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
9 | minor). |
10 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
11 | children). |
12 | "Class 3 sexual offense." Any of the following offenses or |
13 | of attempt, solicitation or conspiracy to commit any of the |
14 | following offenses: |
15 | 18 Pa.C.S. § 2901 (relating to kidnapping) if the victim |
16 | is a minor. |
17 | 18 Pa.C.S. § 3121 (relating to rape). |
18 | 18 Pa.C.S. § 3122.1 (relating to statutory sexual |
19 | assault). |
20 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
21 | intercourse). |
22 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
23 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
24 | assault) if the victim is a minor. |
25 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
26 | assault). |
27 | 18 Pa.C.S. § 3126 (relating to indecent assault) if the |
28 | offense is graded as a misdemeanor of the first degree or |
29 | higher, the victim is less than 13 years of age, and the |
30 | punishment is one year or more. |
|
1 | 18 Pa.C.S. § 4302 (relating to incest) if the victim is |
2 | less than 13 years of age or the victim is 13 to 18 years of |
3 | age and the offender is at least four years older than the |
4 | victim. |
5 | "Common interest community." Includes a cooperative, a |
6 | condominium, and a planned community where an individual by |
7 | virtue of an ownership interest in any portion of real estate is |
8 | or may become obligated by covenant, easement or agreement |
9 | imposed upon the owner's interest to pay any amount for real |
10 | property taxes, insurance, maintenance, repair, improvement, |
11 | management, administration or regulation of any part of the real |
12 | estate other than the portion or interest owned solely by the |
13 | individual. |
14 | "Employed." Includes carrying on a vocation or employment |
15 | that is full time or part time for a period of time exceeding |
16 | four days during a seven-day period or for an aggregate period |
17 | of time exceeding 14 days during any calendar year, whether |
18 | financially compensated, volunteered, pursuant to a contract or |
19 | for the purpose of government or educational benefit. |
20 | "Habitual locale." The public place where a transient can be |
21 | habitually located, including locations an individual frequents, |
22 | or intends to frequent, during the day or night, including, but |
23 | not limited to, parks, buildings, and libraries. |
24 | "IAFIS." The Integrated Automated Fingerprint Identification |
25 | System. |
26 | "Integrated Automated Fingerprint Identification System." |
27 | The national fingerprint and criminal history system maintained |
28 | by the Federal Bureau of Investigation providing automated |
29 | fingerprint search capabilities, latent searching capability, |
30 | electronic image storage and electronic exchange of fingerprints |
|
1 | and responses. |
2 | "Mental abnormality." A congenital or acquired condition of |
3 | a person that affects the emotional or volitional capacity of |
4 | the person in a manner that predisposes that person to the |
5 | commission of criminal sexual acts to a degree that makes the |
6 | person a menace to the health and safety of other persons. |
7 | "Minor." Any individual less than 18 years of age. |
8 | "Municipality." A city, borough, incorporated town or |
9 | township. |
10 | "Offender." Any individual required to register under |
11 | section 9799.13 (relating to registration). |
12 | "Out-of-State offender." Any individual required to register |
13 | under section 9799.17 (relating to exemption from registration |
14 | and public notification for out-of-State offenders) due to a |
15 | conviction or adjudication of delinquency in another |
16 | jurisdiction or to a court-martial. |
17 | "Penetration." Includes any penetration, however slight, of |
18 | the genitals or anus or mouth of another person with a part of |
19 | the person's body or a foreign object for any purpose other than |
20 | good faith medical, hygienic or law enforcement procedures. |
21 | "Predatory." An act directed at a stranger or at a person |
22 | with whom a relationship has been initiated, established, |
23 | maintained or promoted, in whole or in part, in order to |
24 | facilitate or support victimization. |
25 | "Present." The location where an offender or out-of-State |
26 | offender resides, is habitually located, is employed, or is |
27 | enrolled as a student. |
28 | "Registration information." All of the following information |
29 | concerning the offender: |
30 | (1) Primary given name, including any aliases, |
|
1 | nicknames, ethnic or tribal names and any pseudonyms, |
2 | regardless of the context in which they are used. |
3 | (2) Valid and purported Social Security number. |
4 | (3) Actual and purported date of birth. |
5 | (4) Place of birth. |
6 | (5) Physical description, including sex, height, weight, |
7 | eye color, hair color, race and any scars, marks or tattoos. |
8 | (6) Fingerprints, taken and submitted to IAFIS. |
9 | (7) Palm prints taken and submitted to the Federal |
10 | Bureau of Investigation Central Database. |
11 | (8) DNA sample, taken and submitted to the State DNA |
12 | Data Base for entry into the Combined DNA Index System |
13 | (CODIS) in accordance with procedures established by the |
14 | Pennsylvania State Police. The collection of DNA at time of |
15 | collecting registration information or updating or verifying |
16 | registration information is not required if the registering |
17 | official or approved registration site can confirm that the |
18 | DNA collection and submission has already occurred. |
19 | (9) A digitized copy of a valid driver's license or |
20 | identification card issued to the offender. |
21 | (10) A digitized copy of the offender's passport and |
22 | immigration documents. |
23 | (11) A photograph of the offender's face and any scars, |
24 | marks, tattoos or other unique features of the individual. |
25 | (12) Any telephone numbers, including landline and cell |
26 | phone numbers, and any other designations used by the |
27 | offender for purposes of routing or self-identification in |
28 | telephonic communications. |
29 | (13) Any e-mail addresses, any instant message addresses |
30 | or identifiers, any designations or monikers used by the |
|
1 | offender for purposes or routing or self-identification in |
2 | Internet communications or postings. |
3 | (14) The address of each residence at which the offender |
4 | resides or will reside or, in the case of an offender who |
5 | does not have a residence, the offender's habitual locale. |
6 | (15) The location at which the offender receives |
7 | delivery of mail, including a post office box or general |
8 | delivery post office location. |
9 | (16) The name and address of any place where the |
10 | offender is employed or will be employed, including transient |
11 | or day labor employment. |
12 | (17) The name and address of any place where the |
13 | offender attends school or will attend school. |
14 | (18) The license plate number, registration number or |
15 | any other identifier of all vehicles, including land |
16 | vehicles, aircraft or watercraft owned or operated by the |
17 | offender, whether for work or personal use, including a |
18 | description of the vehicle and the permanent or frequent |
19 | location where the vehicle is kept. |
20 | (19) Information concerning all licensing, authorizing |
21 | the offender to engage in an occupation or carry out a trade |
22 | or business. |
23 | (20) The offenses requiring registration, including the |
24 | text of the provision of law defining the offense for which |
25 | the offender is registered. |
26 | (21) The dates of all arrests, convictions and |
27 | outstanding arrest warrants, as well as the status of the |
28 | offender's parole, probation, supervised release and |
29 | registration. |
30 | (22) The date or dates of incarceration and release from |
|
1 | incarceration. |
2 | (23) Forms signed by the offender acknowledging that he |
3 | or she was advised of his or her registration obligations. |
4 | The form and signature may be electronic. |
5 | "Registration start date." The date on which an offender or |
6 | out-of-State offender's registration information is approved and |
7 | entered into the State sexual offender registry by the |
8 | Pennsylvania State Police. |
9 | "Registry official." The person or entity responsible for |
10 | obtaining registration information as set forth in this |
11 | subchapter. |
12 | "Removal criteria." The offender or out-of-State offender |
13 | has: |
14 | (1) fully complied with all registration requirements |
15 | imposed by this subchapter; |
16 | (2) not been convicted of any sex offense after the date |
17 | of registration; |
18 | (3) not been convicted, after the date of registration, |
19 | of any offense for which imprisonment for more than one year |
20 | may be imposed; |
21 | (4) successfully completed any periods of supervised |
22 | release, probation or parole; and |
23 | (5) successfully completed any required treatment |
24 | program. |
25 | "Residence." The location of an individual's home or other |
26 | place where the individual habitually resides or intends to |
27 | reside for 30 cumulative days or more during a calendar year. |
28 | The term may include more than one location and be mobile or |
29 | transitory. |
30 | "Sexually violent offense." Any Class 1, Class 2 or Class 3 |
|
1 | sexual offense. |
2 | "Sexually violent predator." An individual who has been |
3 | convicted of an offense as set forth in section 9799.13 |
4 | (relating to registration) and who is determined to be a |
5 | sexually violent predator under section 9799.19 (relating to |
6 | assessments) due to a mental abnormality or personality disorder |
7 | that makes the person likely to engage in predatory sexually |
8 | violent offenses. The term includes: |
9 | (1) An individual determined to be a sexually violent |
10 | predator if the determination occurred in the United States |
11 | or one of its territories or possessions, another state, the |
12 | District of Columbia, a federally recognized Indian tribe, a |
13 | foreign nation or a military tribunal. |
14 | (2) An individual determined to be a sexually violent |
15 | delinquent child under Chapter 64 (relating to court-ordered |
16 | involuntary treatment of certain sexually violent persons), |
17 | regardless of whether the individual has been subsequently |
18 | discharged from involuntary treatment. |
19 | "State sexual offender registry." The Statewide registry of |
20 | offenders and out-of-State offenders maintained by the |
21 | Pennsylvania State Police. |
22 | "Student." A person who is enrolled on a full-time or part- |
23 | time basis in any public or private educational institution, |
24 | including any secondary school, trade or professional |
25 | institution or institution of higher education. |
26 | "Transient." An offender or out-of-State offender who does |
27 | not have a residence and is present in this Commonwealth. |
28 | § 9799.13. Registration. |
29 | The following individuals present in this Commonwealth shall |
30 | register with the Pennsylvania State Police for life, subject to |
|
1 | the provisions of section 9799.15 (relating to exemption from |
2 | registration and public notification for Pennsylvania offenders) |
3 | and 9799.17 (relating to exemption from registration and public |
4 | notification for out-of-State offenders): |
5 | (1) Individuals who, on or after the effective date of |
6 | this section, are convicted of a Class 1, Class 2 or Class 3 |
7 | sexual offense or a similar offense under the laws of the |
8 | United States or one of its territories or possessions, |
9 | another state, the District of Columbia, a federally |
10 | recognized Indian tribe or a foreign nation. |
11 | (2) Individuals who, on or after the effective date of |
12 | this section, are convicted of any Federal or military |
13 | offense enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and |
14 | (v) (relating to relevant definitions, including Amie Zyla |
15 | expansion of sex offender definition and expanded inclusion |
16 | of child predator) or who, on the effective date of this |
17 | section, are required to register under a sexual offender |
18 | statute in the jurisdiction where the individual was |
19 | convicted, sentenced, adjudicated delinquent or court |
20 | martialed. |
21 | (3) Individuals who, on or after the effective date of |
22 | this section, are incarcerated, serving a sentence of |
23 | intermediate punishment or under the supervision of the |
24 | Pennsylvania Board of Probation and Parole or any Federal or |
25 | county probation and parole office for a Class 1, Class 2 or |
26 | Class 3 offense or a similar offense under a former law of |
27 | this Commonwealth or the laws of the United States or one of |
28 | its territories or possessions, another state, the District |
29 | of Columbia, a federally recognized Indian tribe or a foreign |
30 | nation or for an offense enumerated in 42 U.S.C. § 16911(5) |
|
1 | (A)(iii), (iv) and (v). |
2 | (4) Individuals who, on or after the effective date of |
3 | this section, are convicted of or incarcerated, serving a |
4 | sentence of intermediate punishment or under the supervision |
5 | of the Pennsylvania Board of Probation and Parole or any |
6 | county probation and parole office for any offense punishable |
7 | by a maximum term of imprisonment exceeding one year, if the |
8 | individual was previously convicted at any time of a Class 1, |
9 | Class 2 or Class 3 sexual offense or a similar offense under |
10 | a former law of this Commonwealth or the laws of the United |
11 | States or one of its territories or possessions, another |
12 | state, the District of Columbia, a federally recognized |
13 | Indian tribe or a foreign nation or for an offense enumerated |
14 | in 42 U.S.C. § 16911(5)(A)(iii), (iv) and (v). |
15 | (5) Individuals who, on or after the effective date of |
16 | this section, are adjudicated delinquent following a |
17 | determination by the court that the individual has committed |
18 | any of the following offenses or similar offenses under the |
19 | laws of the United States or one of its territories or |
20 | possessions, another state, the District of Columbia, a |
21 | federally recognized Indian tribe or a foreign nation: |
22 | (i) 18 Pa.C.S. § 901 (relating to criminal attempt) |
23 | if the underlying offense is listed in subparagraph |
24 | (iii), (iv) or (v). |
25 | (ii) 18 Pa.C.S. § 903 (relating to criminal |
26 | conspiracy) if the underlying offense is listed in |
27 | subparagraph (iii), (iv) or (v). |
28 | (iii) 18 Pa.C.S. § 3121 (relating to rape). |
29 | (iv) 18 Pa.C.S. § 3123 (relating to involuntary |
30 | deviate sexual intercourse). |
|
1 | (v) 18 Pa.C.S. § 3125 (relating to aggravated |
2 | indecent assault). |
3 | (6) Individuals who, on or after the effective date of |
4 | this section, are under court-ordered placement in an |
5 | institution, youth development center, camp, institution |
6 | operated by the Department of Public Welfare or other |
7 | facility designed or operated for the benefit of delinquent |
8 | children, or are on probation or otherwise under the |
9 | supervision of the court, due to an adjudication of |
10 | delinquency following a determination by the court that the |
11 | individual has committed any of the following offenses or |
12 | similar offenses under the laws of the United States or one |
13 | of its territories or possessions, another state, the |
14 | District of Columbia, a federally recognized Indian tribe, or |
15 | a foreign nation: |
16 | (i) 18 Pa.C.S. § 901 if the underlying offense is |
17 | listed in subparagraph (iii), (iv) or (v). |
18 | (ii) 18 Pa.C.S. § 903 if the underlying offense is |
19 | listed in subparagraph (iii), (iv) or (v). |
20 | (iii) 18 Pa.C.S. § 3121. |
21 | (iv) 18 Pa.C.S. § 3123. |
22 | (v) 18 Pa.C.S. § 3125. |
23 | (7) Individuals who, on or after the effective date of |
24 | this section, are committed to or receiving involuntary |
25 | treatment in a facility under Chapter 64 (relating to court- |
26 | ordered involuntary treatment of certain sexually violent |
27 | persons). |
28 | (8) Individuals who, on the effective date of this |
29 | section, are registered in the State sexual offender registry |
30 | under this subchapter. |
|
1 | § 9799.14. Registration procedures for Pennsylvania offenders. |
2 | (a) Existing offenders.--An offender who, before the |
3 | effective date of this section, was convicted in this |
4 | Commonwealth of a Class 1, Class 2 or Class 3 sexual offense and |
5 | is required to register under section 9799.13 (relating to |
6 | registration) shall register with the Pennsylvania State Police |
7 | by providing registration information to the appropriate |
8 | registering official for inclusion in the State sexual offender |
9 | registry subject to the following: |
10 | (1) As follows: |
11 | (i) If the offender is incarcerated in a State |
12 | correctional facility or county correctional facility, |
13 | the correctional facility shall notify the Pennsylvania |
14 | State Police, not more than 30 days in advance of, but no |
15 | later than ten days prior to, the offender's release from |
16 | the correctional facility. |
17 | (ii) The correctional facility shall collect the |
18 | registration information from the offender and forward |
19 | the registration information to the Pennsylvania State |
20 | Police. |
21 | (iii) The correctional facility may not release the |
22 | offender from custody until the correctional facility |
23 | receives verification from the Pennsylvania State Police |
24 | that the Pennsylvania State Police has received the |
25 | registration information. Verification by the |
26 | Pennsylvania State Police may occur by electronic means. |
27 | (2) If the offender is serving a sentence of |
28 | intermediate punishment or is under the supervision of the |
29 | Board of Pennsylvania Probation and Parole or any county |
30 | probation and parole office, the probation and parole office |
|
1 | shall collect the registration information from the offender |
2 | and forward the registration information to the Pennsylvania |
3 | State Police. |
4 | (b) New offenders.--An offender who, on or after the |
5 | effective date of this section, is convicted in this |
6 | Commonwealth of a Class 1, Class 2 or Class 3 offense and is |
7 | required to register under section 9799.13 shall register with |
8 | the Pennsylvania State Police by providing the registration |
9 | information to the appropriate registering official for |
10 | inclusion in the State sexual offender registry subject to the |
11 | following: |
12 | (1) As follows: |
13 | (i) At the time of sentencing, the court shall |
14 | require the offender to immediately register under this |
15 | subchapter. |
16 | (ii) The county office of probation and parole shall |
17 | collect the registration information from the offender |
18 | and forward the registration information to the |
19 | Pennsylvania State Police. |
20 | (iii) The court may not release the offender from |
21 | custody until the court receives verification from the |
22 | Pennsylvania State Police that the Pennsylvania State |
23 | Police has received the registration information. |
24 | Verification by the Pennsylvania State Police may occur |
25 | by electronic means. |
26 | (2) As follows: |
27 | (i) If the offender is incarcerated in a State |
28 | correctional facility or county correctional facility, |
29 | the correctional facility shall notify the Pennsylvania |
30 | State Police, not more than 30 days in advance of, but no |
|
1 | later than ten days prior to, the offender's release from |
2 | the correctional facility. |
3 | (ii) The correctional facility shall ensure that |
4 | registration information for the offender has been |
5 | submitted to the Pennsylvania State Police. |
6 | (iii) If registration information has not been |
7 | submitted to the Pennsylvania State Police, the |
8 | correctional facility shall collect the registration |
9 | information from the offender and forward the |
10 | registration information to the Pennsylvania State |
11 | Police. |
12 | (iv) The correctional facility shall also report any |
13 | changes to the registration information on file with the |
14 | Pennsylvania State Police. |
15 | (v) The correctional facility may not release the |
16 | offender until the correctional facility receives |
17 | verification from the Pennsylvania State Police that the |
18 | Pennsylvania State Police has received all registration |
19 | information. Verification by the Pennsylvania State |
20 | Police may occur by electronic means. |
21 | (c) Other new offenders.--An offender who, on or after the |
22 | effective date of this section, is convicted of or incarcerated, |
23 | serving a sentence of intermediate punishment or is under the |
24 | supervision of the Pennsylvania Board of Probation and Parole or |
25 | any county probation and parole office for any offense |
26 | punishable by a maximum term of imprisonment exceeding one year |
27 | and is required to register under section 9799.13 due to a prior |
28 | conviction for a Class 1, Class 2, or Class 3 sexual offense, |
29 | shall register with the Pennsylvania State Police by providing |
30 | the registration information to the appropriate registering |
|
1 | official for inclusion in the State sexual offender registry |
2 | subject to the following: |
3 | (1) As follows: |
4 | (i) At the time of sentencing for an offense |
5 | punishable by a maximum term of imprisonment exceeding |
6 | one year, the court shall require the offender to |
7 | immediately register under this subchapter. |
8 | (ii) The county office of probation and parole shall |
9 | collect the registration information from the offender |
10 | and forward the registration information to the |
11 | Pennsylvania State Police. |
12 | (iii) The court may not release the offender from |
13 | custody until the court receives verification from the |
14 | Pennsylvania State Police that the Pennsylvania State |
15 | Police has received the registration information. |
16 | Verification by the Pennsylvania State Police may occur |
17 | by electronic means. |
18 | (2) As follows: |
19 | (i) If the offender is incarcerated in a State |
20 | correctional facility or county correctional facility, |
21 | the correctional facility shall notify the Pennsylvania |
22 | State Police, not more than 30 days in advance of, but no |
23 | later than ten days prior to, the offender's release from |
24 | the correctional facility. |
25 | (ii) The correctional facility shall ensure that |
26 | registration information for the offender has been |
27 | submitted to the Pennsylvania State Police. |
28 | (iii) If registration information has not been |
29 | submitted to the Pennsylvania State Police, the |
30 | correctional facility shall collect the registration |
|
1 | information from the offender and forward the |
2 | registration information to the Pennsylvania State |
3 | Police. |
4 | (iv) The correctional facility shall also report any |
5 | changes to the registration information on file with the |
6 | Pennsylvania State Police. |
7 | (v) The correctional facility may not release the |
8 | offender from custody until the correctional facility |
9 | receives verification from the Pennsylvania State Police |
10 | that the Pennsylvania State Police has received all |
11 | registration information. Verification by the |
12 | Pennsylvania State Police may occur by electronic means. |
13 | (3) If the offender is serving a sentence of |
14 | intermediate punishment or is under the supervision of the |
15 | Pennsylvania Board of Probation and Parole or any county |
16 | probation and parole office for an offense punishable by a |
17 | maximum term of imprisonment exceeding one year, the |
18 | probation and parole office shall collect the registration |
19 | information from the offender and forward the registration |
20 | information to the Pennsylvania State Police. |
21 | (d) Delinquency.-- |
22 | (1) This subsection applies to an offender who meets all |
23 | of the following requirements: |
24 | (i) Before the effective date of this section, was |
25 | adjudicated delinquent under section 6341(b) (relating to |
26 | adjudication) following a determination by the court that |
27 | the offender committed any of the following offenses: |
28 | (A) 18 Pa.C.S. § 901 (relating to criminal |
29 | attempt) if the underlying offense is listed in |
30 | clause (C), (D) or (E). |
|
1 | (B) 18 Pa.C.S. § 903 (relating to criminal |
2 | conspiracy) if the underlying offense is listed in |
3 | clause (C), (D) or (E). |
4 | (C) 18 Pa.C.S. § 3121 (relating to rape). |
5 | (D) 18 Pa.C.S. § 3123 (relating to involuntary |
6 | deviate sexual intercourse). |
7 | (ii) Is required to register under section 9799.13. |
8 | (2) An offender subject to paragraph (1) shall register |
9 | with the Pennsylvania State Police by providing registration |
10 | information to the appropriate registering official for |
11 | inclusion in the State sexual offender registry. The |
12 | following apply: |
13 | (i) At the time of disposition, the court shall |
14 | require the offender to immediately register under this |
15 | subchapter. The chief juvenile probation officer shall |
16 | ensure the collection of the registration information |
17 | from the offender and forward the registration |
18 | information to the Pennsylvania State Police. The court |
19 | shall not release the offender from its custody until it |
20 | receives verification from the Pennsylvania State Police |
21 | that it has received the registration information. |
22 | Verification by the Pennsylvania State Police may occur |
23 | by electronic means. |
24 | (ii) If the offender is under court-ordered |
25 | placement in any institution, youth development center, |
26 | camp, institution operated by the Department of Public |
27 | Welfare or other facility designed or operated for the |
28 | benefit of delinquent children, the facility shall notify |
29 | the Pennsylvania State Police, no more than 30 days in |
30 | advance of, but not later than ten days prior to, the |
|
1 | offender's release from the facility. The facility, with |
2 | the assistance of the chief juvenile probation officer, |
3 | shall ensure the collection of the registration |
4 | information from the offender and forward the |
5 | registration information to the Pennsylvania State |
6 | Police. The facility shall not release the offender until |
7 | it receives verification from the Pennsylvania State |
8 | Police that it has received the registration information. |
9 | Verification by the Pennsylvania State Police may occur |
10 | by electronic means. |
11 | (iii) If the offender is on probation or otherwise |
12 | under the supervision of the court, the chief juvenile |
13 | probation officer shall ensure collection of the |
14 | registration information from the offender and forward |
15 | the registration information to the Pennsylvania State |
16 | Police. |
17 | (e) Receiving involuntary treatment.-- |
18 | (1) This subsection applies to an offender who meets all |
19 | of the following requirements: |
20 | (i) On the effective date of this section, is |
21 | receiving involuntary treatment in a facility designated |
22 | by the department under Chapter 64 (relating to court- |
23 | ordered involuntary treatment of certain sexually violent |
24 | persons). |
25 | (ii) Is required to register under section 9799.13. |
26 | (2) An offender subject to paragraph (1) shall register |
27 | with the Pennsylvania State Police by providing registration |
28 | information to the appropriate registering official for |
29 | inclusion in the State sexual offender registry. The facility |
30 | shall notify the Pennsylvania State Police, no more than 30 |
|
1 | days in advance of, but not later than ten days prior to, the |
2 | offender's scheduled release from the facility. The facility |
3 | shall also notify the Pennsylvania State Police of the dates |
4 | of any review hearing or the filing of a petition for |
5 | discharge under section 6404 (relating to duration of |
6 | commitment and review) and any court orders resulting |
7 | therefrom. The facility, with the assistance of the chief |
8 | juvenile probation officer, shall ensure the collection of |
9 | the registration information from the offender and forward |
10 | the registration information to the Pennsylvania State |
11 | Police. Notwithstanding section 6404, the facility shall not |
12 | release the offender until it receives verification from the |
13 | Pennsylvania State Police that it has received the |
14 | registration information. Verification by the Pennsylvania |
15 | State Police may occur by electronic means. |
16 | (f) Subsequent commitment to involuntary treatment.-- |
17 | (1) This subsection applies to an offender who meets all |
18 | of the following requirements: |
19 | (i) On or after the effective date of this section, |
20 | is committed to involuntary treatment in a facility |
21 | designated by the Department of Public Welfare under |
22 | Chapter 64. |
23 | (ii) Is required to register under section 9799.13. |
24 | (2) An offender subject to paragraph (1) shall register |
25 | with the Pennsylvania State Police by providing registration |
26 | information to the appropriate registering official for |
27 | inclusion in the State sexual offender registry. The |
28 | following apply: |
29 | (i) At the time of the commitment, the court shall |
30 | require the offender to immediately register under this |
|
1 | subchapter. The chief juvenile probation officer shall |
2 | ensure the collection of the registration information |
3 | from the offender and forward the registration |
4 | information to the Pennsylvania State Police. |
5 | Verification by the Pennsylvania State Police may occur |
6 | by electronic means. |
7 | (ii) The facility shall notify the Pennsylvania |
8 | State Police, no more than 30 days in advance of, but not |
9 | later than ten days prior to, the offender's scheduled |
10 | release from the facility. The facility shall also notify |
11 | the Pennsylvania State Police of the dates of any review |
12 | hearing or the filing of a petition for discharge under |
13 | section 6404 and any court orders resulting from the |
14 | hearing. The facility shall ensure that registration |
15 | information has been submitted to the Pennsylvania State |
16 | Police. If the registration information has not been |
17 | submitted to the Pennsylvania State Police, the facility, |
18 | with the assistance of the chief juvenile probation |
19 | officer, shall ensure the collection of the registration |
20 | information from the offender and forward the |
21 | registration information to the Pennsylvania State |
22 | Police. The facility, with the assistance of the chief |
23 | juvenile probation officer, shall report changes to the |
24 | registration information on file with the Pennsylvania |
25 | State Police. Notwithstanding section 6404, the facility |
26 | shall not release the offender until it receives |
27 | verification from the Pennsylvania State Police that it |
28 | has received all registration information. Verification |
29 | by the Pennsylvania State Police may occur by electronic |
30 | means. |
|
1 | (g) Refusal to provide registration information.-- |
2 | (1) This subsection applies to an offender who is |
3 | scheduled: |
4 | (i) to be released from a: |
5 | (A) State correctional facility; |
6 | (B) county correctional facility; |
7 | (C) facility designed or operated for the |
8 | benefit of delinquent children; or |
9 | (D) facility designated by the department under |
10 | Chapter 64; or |
11 | (ii) to commence a sentence of probation, parole or |
12 | intermediate punishment. |
13 | (2) If an offender subject to paragraph (1) refuses to |
14 | provide registration information or report a change in |
15 | registration information, the facility or probation and |
16 | parole office shall notify the Pennsylvania State Police or |
17 | police department with primary jurisdiction of the location |
18 | of the offender. |
19 | (3) The Pennsylvania State Police or police department |
20 | with primary jurisdiction shall locate and arrest the |
21 | offender for a violation of 18 Pa.C.S. § 4915 (relating to |
22 | failure to comply with registration of sexual offenders |
23 | requirements). |
24 | (h) Appearance required for change of registration |
25 | information.-- |
26 | (1) An offender shall appear in person at an approved |
27 | registration site to complete a change of information form |
28 | within 72 hours of any change in registration information. |
29 | (2) When an offender has been reincarcerated or |
30 | recommitted to a facility referred to in subsection (g)(1) |
|
1 | (i), for any reason, the facility shall notify the |
2 | Pennsylvania State Police within 72 hours of intake. |
3 | (i) Appearance required after release.--An offender subject |
4 | to registration under section 9799.13 who has not submitted |
5 | registration information under the procedures in this section |
6 | shall appear in person at an approved registration site within |
7 | 72 hours of release from sentencing or release from |
8 | incarceration. |
9 | (j) Notice required prior to travel outside Commonwealth.-- |
10 | (1) An offender shall provide notice to the Pennsylvania |
11 | State Police at least ten days before traveling outside of |
12 | this Commonwealth and at least 21 days before traveling |
13 | outside of the United States. |
14 | (2) The offender shall specify the place at which the |
15 | offender will be located outside this Commonwealth and the |
16 | purposes of and the duration of the travel. |
17 | (k) Appearance required prior to temporary lodgings.--An |
18 | offender who resides or is habitually located in this |
19 | Commonwealth and who will travel from the offender's residence |
20 | or habitual locale to any location for at least seven days |
21 | shall, not less than ten days in advance of travel, appear at an |
22 | approved registration site and notify the Pennsylvania State |
23 | Police of the place at which the offender will be temporarily |
24 | lodged and the duration of the travel. |
25 | (l) Registration information to law enforcement.-- |
26 | (1) As follows: |
27 | (i) The Pennsylvania State Police shall provide the |
28 | information obtained under this section to the district |
29 | attorney of the county or counties in which the |
30 | individual will be present, the chief law enforcement |
|
1 | officers of the police departments of the municipalities |
2 | in which the individual will be present and the probation |
3 | or parole office where the individual will be present. |
4 | (ii) The Pennsylvania State Police shall notify the |
5 | sexual offender registry of any other jurisdiction with |
6 | which the individual is registered. |
7 | (2) As follows: |
8 | (i) The Pennsylvania State Police shall provide |
9 | notice to the chief law enforcement officers of the |
10 | police departments of the municipalities notified |
11 | pursuant to paragraph (1) when an individual fails to |
12 | comply with the registration requirements of this section |
13 | and request, as appropriate, that the police departments |
14 | assist in locating and apprehending the individual. |
15 | (ii) The Pennsylvania State Police shall notify the |
16 | United States Marshals Service of the individual's |
17 | failure to comply. |
18 | (3) The Pennsylvania State Police shall provide notice |
19 | to the chief law enforcement officers of the police |
20 | departments of the municipalities notified pursuant to |
21 | paragraph (1) when the Pennsylvania State Police are in |
22 | receipt of information indicating that the individual will no |
23 | longer be present in the municipality. |
24 | (4) As follows: |
25 | (i) If an offender or out-of-State offender informs |
26 | the Pennsylvania State Police of the offender's intent to |
27 | travel outside of or be temporarily lodged outside of |
28 | this Commonwealth, the Pennsylvania State Police shall, |
29 | within 72 hours of being notified, inform the |
30 | jurisdiction where the offender or out-of-State offender |
|
1 | intends to travel or be temporarily lodged. |
2 | (ii) When an offender or out-of-State offender |
3 | informs the Pennsylvania State Police of the offender's |
4 | intent to travel outside of or be temporarily lodged |
5 | outside of the United States, the Pennsylvania State |
6 | Police shall, within 72 hours of being notified, inform |
7 | the United States Marshals Service. |
8 | (m) Penalty.--An offender who fails to comply with the |
9 | requirements of this subchapter is subject to prosecution under |
10 | 18 Pa.C.S. § 4915. |
11 | § 9799.15. Exemption from registration and public notification |
12 | for Pennsylvania offenders. |
13 | (a) Class 1 sexual offenders.--A Class 1 sexual offender may |
14 | petition the court of common pleas where the offender was |
15 | convicted of a registrable offense to be exempt from |
16 | registration under section 9799.13 (relating to registration) |
17 | and public notification under section 9799.23 (relating to |
18 | information made available to the public), if: |
19 | (1) No less than 15 years have passed since the offender |
20 | was convicted of the registrable offense, excluding any time |
21 | that the offender was in custody or civilly committed. |
22 | (2) During the 15-year period, the offender met all of |
23 | the removal criteria. |
24 | (b) Class 2 sexual offenders.--A Class 2 sexual offender may |
25 | petition the court of common pleas where the offender was |
26 | convicted of a registrable offense to be exempt from |
27 | registration under section 9799.13 and public notification under |
28 | section 9799.23, if: |
29 | (1) No less than 25 years have passed since the offender |
30 | was convicted of the registrable offense, excluding any time |
|
1 | the offender was in custody or civilly committed. |
2 | (2) During the 25-year period, the offender met all of |
3 | the removal criteria. |
4 | (b.1) Noninvoluntarily committed offenders.--An offender who |
5 | is subject to registration due to an adjudication of delinquency |
6 | for a offense listed under section 9799.13, but who has never |
7 | been subject to a court-ordered involuntary commitment under 42 |
8 | Pa.C.S. Ch. 64 (relating to court-ordered involuntary treatment |
9 | of certain sexually violent persons), may petition the court of |
10 | common pleas where he or she was adjudicated delinquent to be |
11 | exempt from registration under section 9799.13 if: |
12 | (1) no fewer than 25 years have passed since the |
13 | individual was adjudicated delinquent on the basis of the |
14 | registrable offense, excluding any time the individual was in |
15 | custody or civilly committed; and |
16 | (2) during that 25-year period, the individual met all |
17 | the removal criteria. |
18 | (c) Hearing required.-- |
19 | (1) Within 120 days of the filing of a petition under |
20 | subsection (a) or (b), the court shall hold a hearing to |
21 | determine whether to exempt the offender from registration |
22 | and public notification, if applicable. |
23 | (2) The offender and the district attorney shall be |
24 | given notice of the hearing and an opportunity to be heard, |
25 | the right to call witnesses, the right to call expert |
26 | witnesses and the right to cross-examine witnesses. |
27 | (d) Exemption.--The court shall exempt the offender |
28 | identified in subsection (a) or (b) from registration and public |
29 | notification, if applicable, upon a finding that the offender |
30 | meets all of the removal criteria. |
|
1 | (e) Notice.--A court that grants relief to an offender under |
2 | this section shall notify the Pennsylvania State Police in |
3 | writing within ten days from the date relief is granted. |
4 | (f) Right to appeal.-- |
5 | (1) The offender and the district attorney shall have |
6 | the right to appellate review of the actions of the court |
7 | taken under this section. |
8 | (2) An appeal by the district attorney shall stay the |
9 | order of the sentencing court. |
10 | (g) Subsequent conviction.--Any relief granted under this |
11 | section shall be void and the offender shall automatically and |
12 | immediately again be subject to all applicable provisions of |
13 | this subchapter, if the offender is subsequently convicted of: |
14 | (1) an offense under 18 Pa.C.S. § 4915 (relating to |
15 | failure to comply with registration of sexual offenders |
16 | requirements); or |
17 | (2) an offense, in this or any other jurisdiction, that |
18 | is punishable by imprisonment for more than one year. |
19 | § 9799.16. Registration procedures for out-of-State offenders. |
20 | (a) General duties.-–An out-of-State offender who is |
21 | required to register under section 9799.13 (relating to |
22 | registration) shall: |
23 | (1) Appear in person at an approved registration site |
24 | within 72 hours of the offender's arrival in this |
25 | Commonwealth. |
26 | (2) Submit to fingerprinting and photographing. |
27 | (3) Provide the required registration information to an |
28 | appropriate official for inclusion in the State sexual |
29 | offender registry. |
30 | (b) Classification.-- |
|
1 | (1) The Pennsylvania State Police shall classify an out- |
2 | of-State offender as a Class 1, Class 2 or Class 3 sexual |
3 | offender or sexually violent predator based on the |
4 | equivalency of the offender's offenses to those specified in |
5 | this subchapter or upon the offender's classification in the |
6 | jurisdiction of conviction or court-martial, whichever is |
7 | greater. |
8 | (2) If an individual is registered solely due to the |
9 | individual's conviction for an offense specified in 42 U.S.C. |
10 | § 16911(5)(A)(iii) (relating to relevant definitions, |
11 | including Amie Zyla expansion of sex offender definition and |
12 | expanded inclusion of child predator) and the conviction does |
13 | not equate to a Class 1, Class 2 or Class 3 offense, the |
14 | offender shall be classified based upon the criteria |
15 | specified in 42 U.S.C. §16911. |
16 | (3) If an individual registered due to an adjudication |
17 | of delinquency for an offense equivalent to an offense listed |
18 | under section 9799.13, the offender shall be classified as a |
19 | juvenile offender and subject to the same provisions |
20 | applicable to Pennsylvania juvenile offenders under this |
21 | subchapter. |
22 | (c) Appearance required for change of registration |
23 | information.-- |
24 | (1) An out-of-State offender shall appear in person at |
25 | an approved registration site to complete a change of |
26 | information form within 72 hours of any change in |
27 | registration information. |
28 | (2) If an out-of-State offender has been |
29 | incarcerated or committed to a facility in this Commonwealth |
30 | for any reason, the State correctional facility, county |
|
1 | correctional facility, facility designed or operated for the |
2 | benefit of delinquent children or facility designated by the |
3 | Department of Public Welfare under 42 Pa.C.S. Ch. 64 |
4 | (relating to court-ordered involuntary treatment of certain |
5 | sexually violent persons) shall notify the Pennsylvania State |
6 | Police within 72 hours of intake. |
7 | (d) Notice required prior to travel outside Commonwealth.-- |
8 | (1) An out-of-State offender registered under this |
9 | subchapter shall provide notice to the Pennsylvania State |
10 | Police at least ten days before traveling outside of this |
11 | Commonwealth and at least 21 days before traveling outside of |
12 | the United States. |
13 | (2) The out-of-State offender shall specify the place at |
14 | which the out-of-State offender will be located outside this |
15 | Commonwealth and the purposes of and the duration of the |
16 | travel. |
17 | (e) Appearance required prior to temporary lodgings.--An |
18 | out-of-State offender who resides or is habitually located in |
19 | this Commonwealth who will be away from the offender's residence |
20 | or habitual locale at any location for at least seven days |
21 | shall, no less than five days in advance of travel, appear at an |
22 | approved registration site and notify the Pennsylvania State |
23 | Police of the place at which the offender will be temporarily |
24 | lodged and the duration of the travel. |
25 | (f) Duties for offenders in custody or under supervision.-- |
26 | Notwithstanding the provisions of this section, an out-of-State |
27 | offender and who is incarcerated in a Pennsylvania correctional |
28 | facility serving a sentence of intermediate punishment or |
29 | otherwise under the supervision of the Pennsylvania Board of |
30 | Probation and Parole or any county probation and parole office |
|
1 | shall register in accordance with the provisions of this |
2 | section. |
3 | (g) Registration information to law enforcement.-- |
4 | (1) (i) The Pennsylvania State Police shall provide the |
5 | information obtained under this section to the district |
6 | attorney of the county or counties in which the |
7 | individual will be present, the chief law enforcement |
8 | officers of the police departments of the municipalities |
9 | in which the individual will be present and the probation |
10 | or parole office where the individual will be present. |
11 | (ii) The Pennsylvania State Police shall notify the |
12 | sexual offender registry of any other jurisdiction with |
13 | which the individual is registered. |
14 | (2) (i) The Pennsylvania State Police shall provide |
15 | notice to the chief law enforcement officers of the |
16 | police departments of the municipalities notified |
17 | pursuant to paragraph (1) when an individual fails to |
18 | comply with the registration requirements of this section |
19 | and request, as appropriate, that the police departments |
20 | assist in locating and apprehending the individual. |
21 | (ii) The Pennsylvania State Police shall notify the |
22 | United States Marshals Service of the individual's |
23 | failure to comply. |
24 | (3) The Pennsylvania State Police shall provide notice |
25 | to the chief law enforcement officers of the police |
26 | departments of the municipalities notified pursuant to |
27 | paragraph (1) when the Pennsylvania State Police are in |
28 | receipt of information indicating that the individual will no |
29 | longer be present in the municipality. |
30 | (4) (i) If an out-of-State offender informs the |
|
1 | Pennsylvania State Police of the offender's intent to |
2 | travel outside of or be temporarily lodged outside of |
3 | this Commonwealth, the Pennsylvania State Police shall, |
4 | within 72 hours of being notified, inform the |
5 | jurisdiction where the offender or out-of-State offender |
6 | intends to travel or be temporarily lodged. |
7 | (ii) When an offender or out-of-State offender |
8 | informs the Pennsylvania State Police of the offender's |
9 | intent to travel outside of or be temporarily lodged |
10 | outside of the United States, the Pennsylvania State |
11 | Police shall, within 72 hours of being notified, inform |
12 | the United States Marshals Service. |
13 | (h) Penalty.--An out-of-State offender who fails to comply |
14 | with the requirements of this subchapter is subject to |
15 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
16 | comply with registration of sexual offenders requirements). |
17 | § 9799.17. Exemption from registration and public notification |
18 | for out-of-State offenders. |
19 | (a) Class 1 out-of-State offenders.--A Class 1 out-of-State |
20 | sexual offender may petition the court of common pleas in the |
21 | county where the offender resides or is habitually located to be |
22 | exempt from registration under section 9799.13 (relating to |
23 | registration) and public notification under section 9799.23 |
24 | (relating to information made available to the public) if: |
25 | (1) no fewer than 15 years have passed since the |
26 | offender was convicted of the registrable offense, excluding |
27 | any time that the offender was in custody or civilly |
28 | committed; and |
29 | (2) during that 15-year period, the offender met all the |
30 | removal criteria. |
|
1 | (b) Class 2 out-of-State offenders.--A Class 2 out-of-State |
2 | sexual offender may petition the court of common pleas in the |
3 | county where the offender resides or is habitually located to be |
4 | exempt from registration under section 9799.13 (relating to |
5 | registration) and public notification under section 9799.23 |
6 | (relating to information made available to the public) if: |
7 | (1) no fewer than 25 years have passed since the |
8 | offender was convicted of the registrable offense, excluding |
9 | any time the offender was in custody or civilly committed; |
10 | and |
11 | (2) during that 25-year period, the offender met all the |
12 | removal criteria. |
13 | (b.1) Noninvoluntarily committed out-of-State offenders.--An |
14 | offender who is subject to registration due to an adjudication |
15 | of delinquency for a offense equivalent to an offense listed |
16 | under section 9799.13, but who has never been subject to a |
17 | court-ordered involuntary commitment under 42 Pa.C.S. Ch. 64 |
18 | (relating to court-ordered involuntary treatment of certain |
19 | sexually violent persons) or equivalent statute in another |
20 | jurisdiction, may petition the court of common pleas where he or |
21 | she resides or is habitually located to be exempt from |
22 | registration under section 9799.13 if: |
23 | (1) no fewer than 25 years have passed since the |
24 | individual was adjudicated delinquent on the basis of the |
25 | registrable offense, excluding any time the individual was in |
26 | custody or civilly committed; and |
27 | (2) during that 25-year period, the individual met all |
28 | the removal criteria. |
29 | (c) Hearing.--Within 120 days of the filing of a petition |
30 | under subsection (a) or (b), the court shall hold a hearing to |
|
1 | determine whether to exempt the out-of-State offender from |
2 | registration and community notification, if applicable. The out- |
3 | of-State offender and the district attorney of the county in |
4 | which the out-of-State offender resides or is habitually located |
5 | shall be given notice of the hearing and an opportunity to be |
6 | heard, the right to call witnesses, the right to call expert |
7 | witnesses and the right to cross-examine witnesses. |
8 | (d) Exemption.--The court shall exempt the out-of-State |
9 | offender identified in subsection (a) or (b) from registration |
10 | and public notification, if applicable, upon a finding that the |
11 | offender meets all the removal criteria. |
12 | (e) Notice.--Any court granting relief to an out-of-State |
13 | offender under this section shall notify the Pennsylvania State |
14 | Police in writing within ten days from the date relief is |
15 | granted. |
16 | (f) Right to appeal.--The out-of-State offender and the |
17 | district attorney shall have the right to appellate review of |
18 | the actions of the sentencing court taken under this section. |
19 | An appeal by the district attorney shall stay the order of the |
20 | sentencing court. |
21 | (g) Subsequent conviction.--Any relief granted under this |
22 | section shall be void, and the out-of-State offender shall |
23 | automatically and immediately again be subject to all applicable |
24 | provisions of this subchapter if the offender is subsequently |
25 | convicted of: |
26 | (1) an offense under 18 Pa.C.S. § 4915 (relating to |
27 | failure to comply with registration of sexual offenders |
28 | requirements); or |
29 | (2) an offense, in this or any other jurisdiction, that |
30 | is punishable by imprisonment for more than one year. |
|
1 | (h) Employee or student registrant.--In the case of an out- |
2 | of-State offender who is registered with the Pennsylvania State |
3 | Police solely due to the offender being employed or going to |
4 | school in this Commonwealth, the out-of-State offender may |
5 | petition the court of common pleas where the offender is |
6 | employed or goes to school. The out-of-State offender must meet |
7 | all other requirements of this section. |
8 | § 9799.18. Sentencing court information. |
9 | (a) Notice to offenders.--At the time of sentencing or |
10 | juvenile disposition, the court shall inform offenders of the |
11 | provisions of this subchapter. The court shall: |
12 | (1) Specifically inform the offender of the duty to |
13 | register and require the offender to register immediately |
14 | following sentencing or disposition in accordance with this |
15 | subchapter. |
16 | (2) Specifically inform the offender of the duty to |
17 | verify the offender's registration in accordance with this |
18 | subchapter, and the duty to update the offender's |
19 | registration information with the Pennsylvania State Police |
20 | within 72 hours of any change in registration information. |
21 | (3) Specifically inform the offender of the duty to |
22 | notify the Pennsylvania State Police within 72 hours if the |
23 | offender intends to leave this Commonwealth or if the |
24 | offender intends to establish an additional residence, place |
25 | of employment or attend school in another jurisdiction. The |
26 | court shall also inform the offender of the duty to register |
27 | in the new jurisdiction with the relevant law enforcement |
28 | agency no later than 72 hours after arrival in that |
29 | jurisdiction. |
30 | (4) Specifically inform the offender of the duty to |
|
1 | register with the appropriate authorities in any state in |
2 | which the offender is employed, carries on a vocation or is a |
3 | student if the state requires registration. |
4 | (5) Require the offender to read and sign a form stating |
5 | that the duty to register under this subchapter has been |
6 | explained. If the offender is incapable of speaking, reading |
7 | or writing the English language, the court shall certify the |
8 | duty to register was explained to the offender, and the |
9 | offender indicated an understanding of the duty. |
10 | (6) Specifically classify the offender as a Class 1, |
11 | Class 2 or Class 3 sexual offender, sexually violent predator |
12 | or juvenile offender subject to this chapter. |
13 | (b) Supplemental notice.--Notice shall also be provided to |
14 | an individual a court is sentencing for a crime, if that crime |
15 | is punishable by a maximum term of imprisonment exceeding one |
16 | year and the individual was previously convicted at any time of |
17 | a Class 1, Class 2 or Class 3 sexual offense or a similar |
18 | offense under a former law of this Commonwealth or the laws of |
19 | the United States or one of its territories or possessions, |
20 | another state, the District of Columbia, a federally recognized |
21 | Indian tribe or a foreign nation or was convicted of an offense |
22 | specified in 42 U.S.C. § 16911(5)(A)(iii), (iv) and (v) |
23 | (relating to relevant definitions, including Amie Zyla expansion |
24 | of sex offender definition and expanded inclusion of child |
25 | predator). |
26 | (c) Mandatory registration.--All offenders must register in |
27 | accordance with this subchapter. |
28 | (1) A failure by a sentencing court to provide the |
29 | information required in this section, to correctly inform an |
30 | offender of the offender's obligations or to require an |
|
1 | offender to register shall not free an offender from the |
2 | registration requirements as stated in this subchapter. |
3 | (2) As registration pursuant to this subchapter is a |
4 | collateral civil consequence of an offender's conviction and |
5 | is not to be construed as punitive, no sentencing court shall |
6 | have the authority to exempt an offender from registration |
7 | pursuant to this subchapter or otherwise modify the terms of |
8 | an offender's registration, except as set forth in section |
9 | 9799.15 (relating to exemption from registration and public |
10 | notification for Pennsylvania offenders) and section 9799.17 |
11 | (relating to exemption from registration and public |
12 | notification for out-of-State offenders). |
13 | § 9799.19. Assessments. |
14 | (a) Order for assessment.--After conviction but before |
15 | sentencing, a court shall order an individual convicted of a |
16 | Class 1, Class 2 or Class 3 sexual offense to be assessed by the |
17 | board. The order for an assessment shall be sent to the |
18 | administrative officer of the board within ten days of the date |
19 | of conviction for a Class 1, Class 2 or Class 3 sexual offense. |
20 | (b) Assessment.--Upon receipt from the court of an order for |
21 | an assessment, a member of the board as designated by the |
22 | administrative officer of the board shall conduct an assessment |
23 | of the individual to determine if the individual should be |
24 | classified as a sexually violent predator. The board shall |
25 | establish standards for evaluations and for evaluators |
26 | conducting the assessments. An assessment shall include, but not |
27 | be limited to, an examination of the following: |
28 | (1) Facts of the current offense, including: |
29 | (i) Whether the offense involved multiple victims. |
30 | (ii) Whether the individual exceeded the means |
|
1 | necessary to achieve the offense. |
2 | (iii) The nature of the sexual contact with the |
3 | victim. |
4 | (iv) Relationship of the individual to the victim. |
5 | (v) Age of the victim. |
6 | (vi) Whether the offense included a display of |
7 | unusual cruelty by the individual during the commission |
8 | of the crime. |
9 | (vii) The mental capacity of the victim. |
10 | (2) Prior offense history, including: |
11 | (i) The individual's prior criminal record. |
12 | (ii) Whether the individual completed any prior |
13 | sentences. |
14 | (iii) Whether the individual participated in |
15 | available programs for sexual offenders. |
16 | (3) Characteristics of the individual, including: |
17 | (i) Age. |
18 | (ii) Use of illegal drugs. |
19 | (iii) Any mental illness, mental disability or |
20 | mental abnormality. |
21 | (iv) Behavioral characteristics that contribute to |
22 | the individual's conduct. |
23 | (4) Factors that are supported in a sexual offender |
24 | assessment field as criteria reasonably related to the risk |
25 | of re-offense. |
26 | (c) Release of information.--All State, county and local |
27 | agencies, offices and entities in this Commonwealth, including |
28 | juvenile probation officers, shall cooperate by providing copies |
29 | of records and information as requested by the board in |
30 | connection with the court-ordered assessment and the assessment |
|
1 | requested by the Pennsylvania Board of Probation and Parole or |
2 | the assessment of a delinquent child under section 6358 |
3 | (relating to assessment of delinquent children by the State |
4 | Sexual Offenders Assessment Board). |
5 | (d) Submission of report by board.--The board shall have 90 |
6 | days from the date of conviction of the individual to submit a |
7 | written report containing its assessment to the district |
8 | attorney. |
9 | (d.1) Summary of offense.--The board shall prepare a |
10 | description of the offense or offenses that trigger the |
11 | application of this subchapter to include, but not be limited |
12 | to: |
13 | (1) A concise narrative of the offender's conduct. |
14 | (2) Whether the victim was a minor. |
15 | (3) The manner of weapon or physical force used or |
16 | threatened. |
17 | (4) If the offense involved unauthorized entry into a |
18 | room or vehicle occupied by the victim. |
19 | (5) If the offense was part of a course or pattern of |
20 | conduct involving multiple incidents or victims. |
21 | (6) Previous instances in which the offender was |
22 | determined guilty of an offense subject to this subchapter or |
23 | of a crime of violence as defined in section 9714(g) |
24 | (relating to sentences for second and subsequent offenses). |
25 | (e) Hearing.-- |
26 | (1) A hearing to determine whether the individual is a |
27 | sexually violent predator shall be scheduled upon the |
28 | praecipe filed by the district attorney. The district |
29 | attorney upon filing a praecipe shall serve a copy of same |
30 | upon defense counsel together with a copy of the report of |
|
1 | the board. |
2 | (2) The individual and district attorney shall be given |
3 | notice of the hearing and an opportunity to be heard, the |
4 | right to call witnesses, the right to call expert witnesses |
5 | and the right to cross-examine witnesses. In addition, the |
6 | individual shall have the right to counsel and to have an |
7 | attorney appointed to represent the individual if the |
8 | individual cannot afford one. If the individual requests |
9 | another expert assessment, the individual shall provide a |
10 | copy of the expert assessment to the district attorney prior |
11 | to the hearing. |
12 | (3) At the hearing prior to sentencing the court shall |
13 | determine whether the Commonwealth has proved by clear and |
14 | convincing evidence that the individual is a sexually violent |
15 | predator. |
16 | (4) A copy of the order containing the determination of |
17 | the court shall be immediately submitted to the individual, |
18 | the district attorney, the Pennsylvania Board of Probation |
19 | and Parole, the Department of Corrections, the board and the |
20 | State sexual offender registry of the Pennsylvania State |
21 | Police. |
22 | (f) Presentence investigation.--If the board has performed |
23 | an assessment under this section, copies of the report shall be |
24 | provided to the agency preparing the presentence investigation. |
25 | (g) Parole assessment.--The Pennsylvania Board of Probation |
26 | and Parole may request of the board an assessment of an offender |
27 | be conducted and provide a report to the Pennsylvania Board of |
28 | Probation and Parole prior to considering an offender for |
29 | parole. |
30 | (h) Delinquent children.--Except if section 6358(b.1) is |
|
1 | applicable, the probation officer shall notify the board 90 days |
2 | prior to the 20th birthday of the child of the status of the |
3 | delinquent child who is committed to an institution or other |
4 | facility pursuant to section 6352 (relating to disposition of |
5 | delinquent child) after having been found delinquent for an act |
6 | of sexual violence that if committed by an adult would be a |
7 | violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 |
8 | (relating to involuntary deviate sexual intercourse), 3124.1 |
9 | (relating to sexual assault), 3125 (relating to aggravated |
10 | indecent assault), 3126 (relating to indecent assault) or 4302 |
11 | (relating to incest), together with the location of the facility |
12 | where the child is committed. The board shall conduct an |
13 | assessment of the child, which shall include the board's |
14 | determination of whether or not the child is in need of |
15 | commitment due to a mental abnormality as defined in section |
16 | 6402 (relating to definitions) or a personality disorder, either |
17 | of which results in serious difficulty in controlling sexually |
18 | violent behavior, and provide a report to the court within the |
19 | time frames set forth in section 6358(c). The probation officer |
20 | shall assist the board in obtaining access to the child and any |
21 | records or information as requested by the board in connection |
22 | with the assessment. The assessment shall be conducted under |
23 | subsection (b). |
24 | (i) Other assessments.--Upon receipt from the court of an |
25 | order for an assessment under section 9799.15 (relating to |
26 | exemption from registration and public notification for |
27 | Pennsylvania offenders) or section 9799.17 (relating to |
28 | exemption from registration and public notification for out-of- |
29 | State offenders), a member of the board as designated by the |
30 | administrative officer of the board shall conduct an assessment |
|
1 | of the individual to determine if the relief sought, if granted, |
2 | is likely to pose a threat to the safety of any other person. |
3 | The board shall establish standards for evaluations and for |
4 | evaluators conducting these assessments. |
5 | § 9799.20. Verification of registration information. |
6 | (a) Quarterly verification.--Sexually violent predators, |
7 | Class 3 sexual offenders, Class 3 out-of-State sexual offenders, |
8 | offenders subject to registration under section 9799.13 |
9 | (relating to registration) due to an adjudication of delinquency |
10 | for a qualifying offense or a civil commitment and all transient |
11 | offenders and transient out-of-State offenders shall verify |
12 | their registration information every 90 days after their |
13 | registration start date by reporting in person to an approved |
14 | registration site to verify the offender's registration |
15 | information and be photographed. If the offender or out-of-State |
16 | offender fails to report on or within ten days prior to the |
17 | offender's quarterly reporting date, the offender or out-of- |
18 | State offender will be in violation of this subsection. |
19 | (b) Facilitation of quarterly verification.--The |
20 | Pennsylvania State Police shall facilitate and administer the |
21 | verification process required under subsection (a) by doing all |
22 | of the following: |
23 | (1) Sending a nonforwardable verification notice by |
24 | first class United States mail to all individuals referenced |
25 | in subsection (a) at their last reported mailing location, |
26 | residence or habitual locale every 90 days. This notice shall |
27 | be sent not more than 30 days nor less than 15 days prior to |
28 | the offender or out-of-State offender's quarterly |
29 | verification period and shall remind the offender of the |
30 | offender's quarterly verification requirement and provide the |
|
1 | offender with a list of approved registration sites. |
2 | (2) Providing verification forms as necessary to each |
3 | approved registration site, the Department of Corrections, |
4 | county correctional facilities, the Pennsylvania Board of |
5 | Probation and Parole and county probation and parole |
6 | departments. |
7 | (c) Semiannual verification.--All Class 2 sexual offenders |
8 | and Class 2 out-of-State sexual offenders, except for transient |
9 | offenders subject to quarterly verification, shall verify their |
10 | registration information every 180 days after their registration |
11 | start date by reporting in person to an approved registration |
12 | site to verify the offender's registration information and to be |
13 | photographed. If the offender or out-of-State offender fails to |
14 | report on or within ten days prior to the offender's semiannual |
15 | reporting date, the offender or out-of-State offender will be in |
16 | violation of this subsection. |
17 | (d) Facilitation of semiannual verification.--The |
18 | Pennsylvania State Police shall facilitate and administer the |
19 | verification process required under subsection (c) by doing all |
20 | of the following: |
21 | (1) Sending a nonforwardable verification notice by |
22 | first class United States mail to all individuals referenced |
23 | in subsection (c) at their last reported mailing location, |
24 | residence or habitual locale every 180 days. This notice |
25 | shall be sent not more than 30 days nor less than 15 days |
26 | prior to the offender or out-of-State offender's semiannual |
27 | verification period and shall remind the offender of the |
28 | offender's semiannual verification requirement and provide |
29 | the offender with a list of approved registration sites. |
30 | (2) Providing verification forms as necessary to each |
|
1 | approved registration site, the Department of Corrections, |
2 | county correctional facilities, the Pennsylvania Board of |
3 | Probation and Parole and county probation and parole |
4 | departments. |
5 | (e) Annual verification.--All Class 1 offenders and Class 1 |
6 | out-of-State offenders, except for transient offenders subject |
7 | to quarterly verification, shall verify their registration |
8 | information annually following their registration start date by |
9 | reporting in person to an approved registration site to verify |
10 | the offender's registration information and to be photographed. |
11 | If the offender or out-of-State offender fails to report within |
12 | ten days before the offender's annual reporting date, the |
13 | offender or out-of-State offender will be in violation of this |
14 | subsection. |
15 | (f) Facilitation of annual verification.--The Pennsylvania |
16 | State Police shall facilitate and administer the verification |
17 | process required by subsection (e) by doing the following: |
18 | (1) Sending a nonforwardable verification notice by |
19 | first class United States mail to individuals referenced in |
20 | subsection (e) at their last reported mailing location, |
21 | residence or habitual locale. This notice shall be sent no |
22 | more than 30 days and no less than 15 days prior to the |
23 | offender or out-of-State offender's annual verification |
24 | period and shall remind the offender of the offender's annual |
25 | verification requirement and provide the offender with a list |
26 | of approved registration sites. |
27 | (2) Providing verification forms as necessary to each |
28 | approved registration site, the Department of Corrections, |
29 | county correctional facilities, the Pennsylvania Board of |
30 | Probation and Parole and county probation and parole |
|
1 | departments. |
2 | (g) Offenders on probation or parole.--If an offender or |
3 | out-of-State offender is under the supervision of the |
4 | Pennsylvania Board of Probation and Parole or a county or |
5 | juvenile probation or parole department, the offender or out-of- |
6 | State offender shall report in person to the parole or probation |
7 | office to verify the offender's registration information and to |
8 | be photographed. The Pennsylvania Board of Probation and Parole |
9 | and county and juvenile probation and parole departments shall |
10 | collect the verification information for all offenders and out- |
11 | of-State offenders under their supervision on a form prescribed |
12 | by the Pennsylvania State Police and photograph the offender and |
13 | out-of-State offender. The Pennsylvania Board of Probation and |
14 | Parole and county and juvenile probation and parole departments |
15 | shall immediately submit the registration information and |
16 | photographs to the Pennsylvania State Police. |
17 | (h) Imprisoned offenders.--If an offender or out-of-State |
18 | offender is incarcerated or committed in a State or county |
19 | correctional facility, facility designed or operated for the |
20 | benefit of delinquent children or facility designated by the |
21 | Department of Public Welfare under 42 Pa.C.S. Ch. 64 (relating |
22 | to court-ordered involuntary treatment of certain sexually |
23 | violent persons), the offender or out-of-State offender shall |
24 | report to the designated official at the facility to verify the |
25 | offender's registration information and be photographed. The |
26 | facilities shall ensure the collection of the verification |
27 | information for offenders and out-of-State offenders in their |
28 | custody on a form prescribed by the Pennsylvania State Police |
29 | and photograph the offenders and out-of-State offenders. The |
30 | facilities shall immediately submit the information and |
|
1 | photographs to the Pennsylvania State Police. |
2 | (i) Change of registration information.--The Pennsylvania |
3 | State Police shall report an offender's or out-of-State |
4 | offender's change of registration information to the appropriate |
5 | law enforcement agency having jurisdiction. If the offender or |
6 | out-of-State offender changes residence, habitual locale, place |
7 | of employment or place of enrollment as a student to another |
8 | jurisdiction, the Pennsylvania State Police shall notify the |
9 | appropriate law enforcement agency with which the offender or |
10 | out-of-State offender must register in the new jurisdiction. |
11 | (j) Failure to keep the registration current.--If an |
12 | offender or out-of-State offender fails to verify the offender's |
13 | registration information within the time periods as set forth in |
14 | this section, the Pennsylvania State Police shall notify the |
15 | municipal police department having jurisdiction of the |
16 | offender's or out-of-State offender's last reported residence, |
17 | habitual locale, employer or school and of the offender's or |
18 | out-of-State offender's failure to appear. The Pennsylvania |
19 | State Police shall also notify the United States Marshals |
20 | Service of the offender or out-of-State offender's failure to |
21 | appear. The municipal police shall locate the offender or out- |
22 | of-State offender and arrest the offender for violating this |
23 | section. If the municipal police are not able to locate the |
24 | offender or out-of-State offender, the municipal police shall |
25 | obtain an arrest warrant for the offender or out-of-State |
26 | offender and send a copy of the arrest warrant to the |
27 | Pennsylvania State Police. In jurisdictions where no municipal |
28 | police jurisdiction exists, the Pennsylvania State Police shall |
29 | assume responsibility for locating the offender or out-of-State |
30 | offender, obtaining an arrest warrant and arresting the offender |
|
1 | or out-of-State offender. Upon request, the Pennsylvania State |
2 | Police shall assist any municipal police department with |
3 | locating and arresting an offender or out-of-State offender who |
4 | fails to verify registration information. |
5 | (k) Penalty.--An offender or out-of-State offender who fails |
6 | to verify registration information or to be photographed as |
7 | required by this section may be subject to prosecution under 18 |
8 | Pa.C.S. § 4915 (relating to failure to comply with registration |
9 | of sexual offenders requirements). |
10 | (l) Effect of notice.--Failure to send or receive notice of |
11 | information under this section shall not relieve the offender or |
12 | out-of-State offender from the requirements of this subchapter. |
13 | § 9799.21. Victim notification. |
14 | (a) Duty to inform victim.-- |
15 | (1) If an offender is determined to be a sexually |
16 | violent predator, the municipal police department or the |
17 | Pennsylvania State Police, if no municipal police |
18 | jurisdiction exists, shall give written notice to the |
19 | sexually violent predator's victim when the sexually violent |
20 | predator registers initially and when he or she notifies the |
21 | Pennsylvania State Police of a change of residence, habitual |
22 | locale, employment or school. This notice shall be given |
23 | within 72 hours after the sexually violent predator registers |
24 | or notifies the Pennsylvania State Police of a change of |
25 | residence, habitual locale, employment or school. The notice |
26 | shall contain the sexually violent predator's name and the |
27 | address or addresses where the sexually violent predator |
28 | resides, has the sexually violent predator habitual locales, |
29 | employment or school. |
30 | (2) A victim may terminate the duty to inform set forth |
|
1 | in paragraph (1) by providing the local municipal police |
2 | department or the Pennsylvania State Police if no local |
3 | municipal police department exists with a written statement |
4 | releasing that agency from the duty to comply with this |
5 | section as it pertains to that victim. |
6 | (b) Individual not determined to be a sexually violent |
7 | predator.--If an individual is not determined to be a sexually |
8 | violent predator, the victim shall be notified in accordance |
9 | with section 201 of the act of November 24, 1998 (P.L. 882, No. |
10 | 111), known as the Crime Victims Act. |
11 | (c) Electronic notification option.—-Notwithstanding |
12 | subsections (a) and (b), the Pennsylvania State Police shall |
13 | develop and implement a system that allows victims and other |
14 | members of the public to receive electronic notification in lieu |
15 | of the notification in subsection (a) and (b) when a sexual |
16 | offender, out-of-State sexual offender or sexually violent |
17 | predator changes residence, habitual locale, employment or |
18 | school. |
19 | § 9799.22. Other notification. |
20 | (a) Notice.--Notwithstanding the provisions of 18 Pa.C.S. |
21 | Ch. 91 (relating to criminal history record information) and 42 |
22 | Pa.C.S. Ch. 63 (relating to juvenile matters), the chief law |
23 | enforcement officer of the police department of the municipality |
24 | where a sexually violent predator lives shall be responsible for |
25 | providing written notice as required under this section. |
26 | (1) The notice shall contain: |
27 | (i) The name of the sexually violent predator. |
28 | (ii) The address or addresses at which the sexually |
29 | violent predator resides. If the sexually violent |
30 | predator is a transient, written notice under this |
|
1 | subparagraph shall include the municipality and county |
2 | containing the transient's habitual locale. |
3 | (iii) The offense for which the sexually violent |
4 | predator was convicted, sentenced by a court, adjudicated |
5 | delinquent or court martialed. |
6 | (iv) A statement that the offender has been |
7 | determined to be a sexually violent predator, which |
8 | determination has or has not been terminated as of a date |
9 | certain. |
10 | (v) A photograph of the sexually violent predator. |
11 | (2) The notice shall not include any information that |
12 | might reveal the victim's name, identity and residence. |
13 | (b) Written notice recipients.--The chief law enforcement |
14 | officer shall provide written notice, under subsection (a), to |
15 | the following persons: |
16 | (1) Neighbors of the sexually violent predator. As used |
17 | in this paragraph, where the sexually violent predator lives |
18 | in a common interest community, the term "neighbor" includes |
19 | the unit owners' association and residents of the common |
20 | interest community. As used in this paragraph, where the |
21 | sexually violent predator is transient, the term "neighbor" |
22 | shall include the area of the offender's habitual locales, |
23 | and the chief law enforcement officer shall determine the |
24 | appropriate method for providing written notice. |
25 | (2) The director of the county children and youth |
26 | service agency of the county where the sexually violent |
27 | predator resides or, if the sexually violent predator is |
28 | transient, each county containing the sexually violent |
29 | predator's habitual locale. |
30 | (3) The superintendent of each school district and the |
|
1 | equivalent official for private and parochial schools |
2 | enrolling students up through 12th grade in the municipality |
3 | where the sexually violent predator resides or, if the |
4 | sexually violent predator is transient, each municipality |
5 | containing the sexually violent predator's habitual locale. |
6 | (4) The superintendent of each school district and the |
7 | equivalent official for each private and parochial school |
8 | located within a one-mile radius of where the sexually |
9 | violent predator resides or maintains a habitual locale. |
10 | (5) The licensee of each certified day-care center and |
11 | licensed preschool program and owner/operator of each |
12 | registered family day-care home in the municipality where the |
13 | sexually violent predator resides or, if the sexually violent |
14 | predator is transient, each municipality containing the |
15 | sexually violent predator's habitual locale. |
16 | (6) The president of each college, university and |
17 | community college located within 1,000 feet of a sexually |
18 | violent predator's residence or where the sexually violent |
19 | predator maintains a habitual locale. |
20 | (c) Notification time frames.--The municipal police |
21 | department's chief law enforcement officer shall provide notice |
22 | within the following time frames: |
23 | (1) To neighbors, notice shall be provided within five |
24 | days after information of the sexually violent predator's |
25 | release date and residence has been received by the chief law |
26 | enforcement officer. Notwithstanding the provisions of |
27 | subsections (a) and (b), verbal notification may be used if |
28 | written notification would delay meeting this time |
29 | requirement. |
30 | (2) To the persons specified in subsection (b)(2), (3), |
|
1 | (4), (5) and (6), notice shall be provided within seven days |
2 | after the chief law enforcement officer receives information |
3 | regarding the sexually violent predator's release date and |
4 | residence. |
5 | (d) Public notice.--Information provided in accordance with |
6 | subsection (a) shall be available to the general public upon |
7 | request. The information may be provided by electronic means. |
8 | (e) Interstate transfers.--The duties of police departments |
9 | under this section shall also apply to individuals who are |
10 | transferred to this Commonwealth under 61 Pa.C.S. Ch. 71 Subch. |
11 | B (relating to Interstate Compact for the Supervision of Adult |
12 | Offenders) or the act of July 2, 2004 (P.L.468, No.54), known as |
13 | the Interstate Compact for Juveniles Act. |
14 | § 9799.23. Information made available to the public. |
15 | (a) Internet website.--The Commissioner of the Pennsylvania |
16 | State Police shall do the following: |
17 | (1) Develop and maintain a system for making the |
18 | information described in subsection (b) publicly available by |
19 | electronic means so that the public may, without limitation, |
20 | obtain access to the information via an Internet website to |
21 | view an individual record or the records of offenders and |
22 | out-of-State offenders and registered with the Pennsylvania |
23 | State Police. |
24 | (2) Ensure the Internet website contains warnings that a |
25 | person who uses the information contained therein to |
26 | threaten, intimidate or harass another or who otherwise |
27 | misuses that information may be criminally prosecuted. |
28 | (3) Ensure the Internet website contains an explanation |
29 | of its limitations, including statements advising that: |
30 | (i) A positive identification of an offender or out- |
|
1 | of-State offender whose record has been made available |
2 | may be confirmed only by fingerprints. |
3 | (ii) Some information contained on the Internet |
4 | website may be outdated or inaccurate. |
5 | (iii) The Internet website is not a comprehensive |
6 | listing of every person who has ever committed a sex |
7 | offense in Pennsylvania. |
8 | (4) Strive to ensure the information contained on the |
9 | Internet website is accurate and that the data therein is |
10 | revised and updated within 72 hours of a change in |
11 | registration information. |
12 | (5) Provide on the Internet website general information |
13 | designed to inform and educate the public about sex offenders |
14 | and the operation of this subchapter as well as pertinent and |
15 | appropriate information concerning crime prevention and |
16 | personal safety, with appropriate links to other relevant |
17 | Internet websites operated by the Commonwealth. |
18 | (b) Required information.--Notwithstanding 18 Pa.C.S. Ch. 91 |
19 | (relating to criminal history record information) and 42 Pa.C.S. |
20 | Ch. 63 (relating to juvenile matters), the Internet website |
21 | shall contain the following information for individuals |
22 | registered with the Pennsylvania State Police: |
23 | (1) Name and aliases. |
24 | (2) Year of birth. |
25 | (3) Street address, city, county and zip code of |
26 | residences and intended residences. |
27 | (4) Street address, city, county and zip code of any |
28 | institution or location at which the person is enrolled as a |
29 | student. |
30 | (5) Street address, city, county and zip code of an |
|
1 | employment location. |
2 | (6) Photograph of the offender or out-of-State offender, |
3 | that shall be updated no less than every year. |
4 | (7) Physical description of the offender or out-of-State |
5 | offender. |
6 | (8) License plate number and a description of a vehicle |
7 | owned or operated by the offender or out-of-State offender. |
8 | (9) Text of the statutory provision defining the |
9 | criminal offense for which the offender or out-of-State |
10 | offender is registered. |
11 | (10) Date of the offense and conviction. |
12 | (11) Date the offender or out-of-State offender last |
13 | verified the offender's registration information. |
14 | (12) Compliance status. |
15 | (13) Abstract of criminal history record indicating |
16 | convictions for Class 1, Class 2 and Class 3 sexual offenses. |
17 | (14) Other information required by Federal law. |
18 | (c) (Reserved). |
19 | (d) Duration of posting.--The information listed in |
20 | subsection (b) shall be made available on the Internet unless |
21 | the offender or out-of-State offender is granted relief under |
22 | section 9799.15 (relating to exemption from registration and |
23 | public notification for Pennsylvania offenders) or section |
24 | 9799.17 (relating to exemption from registration and public |
25 | notification for out-of-State offenders). When an offender or |
26 | out-of-State offender is deceased or no longer present in this |
27 | Commonwealth, the posting shall remain on the website for a |
28 | period of 60 days along with a notice of the offender or out-of- |
29 | State offender's change in status and the date the posting will |
30 | be removed from the website. |
|
1 | (e) Duty of Pennsylvania State Police.--Notwithstanding 18 |
2 | Pa.C.S. Ch. 91, the Pennsylvania State Police shall develop and |
3 | implement a process that allows members of the public to receive |
4 | electronic notification when any registered offender is present |
5 | or no longer present within a zip code or geographic radius |
6 | specified by the requester. |
7 | (f) Chief law enforcement officer.--Notwithstanding any of |
8 | the provisions of 18 Pa.C.S. Ch. 91, the chief law enforcement |
9 | officer of the police department with primary jurisdiction over |
10 | the municipality where an offender or out-of-State offender is |
11 | present may disseminate all information in subsection (c) to the |
12 | public through any available means it deems necessary including, |
13 | but not limited to, newspaper, television, radio and community |
14 | meetings. This information shall be available, upon request, to |
15 | the general public. |
16 | (g) Exception.--Unless the offender or out-of-State offender |
17 | has been subject to a court-ordered involuntary commitment under |
18 | 42 Pa.C.S. Ch. 64 (relating to court-ordered involuntary |
19 | treatment of certain sexually violent persons) or equivalent |
20 | statute in another jurisdiction, offenders and out-of-State |
21 | offenders who are required to register under section 9799.13 |
22 | (relating to registration) because of an adjudication of |
23 | delinquency for a qualifying offense shall not be subject to |
24 | public notification under the requirements of this section. |
25 | § 9799.24. Administration. |
26 | The Governor shall direct the Pennsylvania State Police, the |
27 | Pennsylvania Board of Probation and Parole, the board, the |
28 | Department of Corrections, the Department of Transportation and |
29 | any other agency of the Commonwealth the Governor deems |
30 | necessary to collaboratively design, develop and implement an |
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1 | integrated and secure system of communication, storage and |
2 | retrieval of information to assure the timely, accurate and |
3 | efficient administration of this subchapter. |
4 | § 9799.25. Global positioning system technology. |
5 | The Pennsylvania Board of Probation and Parole and county and |
6 | juvenile probation authorities may impose supervision conditions |
7 | that include offender tracking through global positioning system |
8 | technology. |
9 | § 9799.26. Immunity for good faith conduct. |
10 | The following entities shall be immune from liability for |
11 | good faith conduct under this subchapter: |
12 | (1) Agents and employees of the Pennsylvania State |
13 | Police and local law enforcement agencies. |
14 | (2) District attorneys and their agents and employees. |
15 | (3) Superintendents, administrators, teachers, employees |
16 | and volunteers engaged in the supervision of children of any |
17 | public, private or parochial school. |
18 | (4) Directors and employees of county children and youth |
19 | agencies. |
20 | (5) Presidents or similar officers of universities and |
21 | colleges, including community colleges. |
22 | (6) The Pennsylvania Board of Probation and Parole and |
23 | its agents and employees. |
24 | (7) County probation and parole offices and their agents |
25 | and employees. |
26 | (8) Licensees of certified day-care centers and |
27 | directors of licensed preschool programs and owners and |
28 | operators of registered family day-care homes and their |
29 | agents and employees. |
30 | (9) The Department of Corrections and its agents and |
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1 | employees. |
2 | (10) County correctional facilities and their agents and |
3 | employees. |
4 | (11) The board and its agents and employees. |
5 | (12) Juvenile probation offices and their agents and |
6 | employees. |
7 | (13) The Department of Public Welfare and its agents and |
8 | employees. |
9 | (14) Institutions, youth development centers, camps or |
10 | other facilities designed or operated for the benefit of |
11 | delinquent children and their agents and employees. |
12 | § 9799.27. Pennsylvania State Police. |
13 | (a) Duties.--The Pennsylvania State Police have the |
14 | following duties: |
15 | (1) Create and maintain a State sexual offender |
16 | registry. |
17 | (2) Participate in the National Sex Offender Public |
18 | Registry maintained by the United States Department of |
19 | Justice, including the National Sex Offender Public Website. |
20 | (3) Promulgate guidelines necessary for the general |
21 | administration of this subchapter and for complying with |
22 | Federal law. |
23 | (4) Notify, within 72 hours of receiving and verifying |
24 | the offender's or out-of-State offender's registration, the |
25 | chief law enforcement officer of the police departments |
26 | having primary jurisdiction of the municipalities in which an |
27 | offender or out-of-State offender is present of the fact that |
28 | the offender or out-of-State offender has been registered |
29 | with the Pennsylvania State Police. |
30 | (5) In consultation with the Department of Education, |
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1 | promulgate guidelines directing licensed day-care centers, |
2 | licensed preschool programs, schools, universities and |
3 | colleges, including community colleges, on the proper use and |
4 | administration of information received under section 9799.22 |
5 | (relating to other notification). |
6 | (6) In consultation with the Department of Corrections |
7 | and the Pennsylvania Board of Probation and Parole, |
8 | promulgate guidelines directing State and county correctional |
9 | facilities and State and county probation and parole offices |
10 | on the completion of registration information, updating of |
11 | registration information and verification of registration |
12 | information for all offenders or out-of-State offenders in |
13 | their custody or under their supervision. |
14 | (7) In consultation with the Department of Public |
15 | Welfare and the Juvenile Court Judges Commission, promulgate |
16 | guidelines directing institutions, youth development centers, |
17 | camps or other facilities designed or operated for the |
18 | benefit of delinquent children on the completion of |
19 | registration information, updating of registration |
20 | information and verification of registration information for |
21 | all offenders or out-of-State offenders in their custody or |
22 | under their supervision. |
23 | (b) Powers.--The Pennsylvania State Police may certify and |
24 | send to an authorized user, by electronic transmission or |
25 | otherwise, certified copies of an offender's sex offender |
26 | registration file. Authorized users shall include State and |
27 | local police, district attorneys, agents and employees of the |
28 | Pennsylvania State Police and the Office of Attorney General and |
29 | other persons or entities determined by the Pennsylvania State |
30 | Police and listed by notice in the Pennsylvania Bulletin. In any |
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1 | proceeding before the courts or administrative bodies of this |
2 | Commonwealth, documents certified by the Pennsylvania State |
3 | Police under this section and offered into evidence by an |
4 | authorized user shall be admissible into evidence. |
5 | § 9799.28. Pennsylvania Board of Probation and Parole, county |
6 | probation and parole departments and juvenile |
7 | probation departments. |
8 | (a) Duties.--The Pennsylvania Board of Probation and Parole, |
9 | county probation and parole departments and juvenile probation |
10 | departments have the following duties: |
11 | (1) Obtain, verify and update an offender's or out-of- |
12 | State offender's registration information in accordance with |
13 | this subchapter. |
14 | (2) Immediately transmit the criminal history record of |
15 | the offender or out-of-State offender as provided in 18 |
16 | Pa.C.S. Ch. 91 (relating to criminal history record |
17 | information) along with the registration information to the |
18 | Pennsylvania State Police for immediate entry into the State |
19 | sexual offender registry. |
20 | (3) Require the offender or out-of-State offender to |
21 | report to the State or county parole and probation office or |
22 | juvenile probation office to complete a change of information |
23 | form within 72 hours of when an offender's or out-of-State |
24 | offender's registration information changes. This information |
25 | shall be immediately transmitted to the Pennsylvania State |
26 | Police. |
27 | (4) Require the offender or out-of-State offender to |
28 | report to the State or county parole and probation office or |
29 | juvenile probation office to verify the offender's |
30 | registration information. This information shall be |
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1 | immediately transmitted to the Pennsylvania State Police. |
2 | (5) On a form prescribed by the Pennsylvania State |
3 | Police, notify the Pennsylvania State Police each time an |
4 | offender or out-of-State offender is arrested or is |
5 | incarcerated. |
6 | (b) Supervision conditions.--The Pennsylvania Board of |
7 | Probation and Parole and county and juvenile probation |
8 | authorities may impose supervision conditions that include |
9 | offender or out-of-State offender tracking through global |
10 | positioning system technology. |
11 | § 9799.29. Department of Corrections, county correctional |
12 | facilities and facilities designed or operated for |
13 | the benefit of delinquent children. |
14 | The Department of Corrections, county correctional facilities |
15 | and facilities designed or operated for the benefit of |
16 | delinquent children have the following duties: |
17 | (1) Obtain, verify and update an offender's or out-of- |
18 | State offender's registration information in accordance with |
19 | this subchapter. |
20 | (2) Immediately transmit the criminal history record of |
21 | the offender or out-of-State offender as provided in 18 |
22 | Pa.C.S. Ch. 91 (relating to criminal history record |
23 | information) along with the registration information to the |
24 | Pennsylvania State Police for immediate entry into the State |
25 | sexual offender registry. |
26 | (3) On a form prescribed by the Pennsylvania State |
27 | Police, notify the Pennsylvania State Police each time an |
28 | offender or out-of-State offender is incarcerated in or |
29 | released from their respective facilities or transferred |
30 | between correctional facilities or residential reentry |
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1 | facilities. |
2 | (4) Assist offenders and out-of-State offenders |
3 | registering pursuant to this subchapter, as well as updating |
4 | and verifying registration information pursuant to this |
5 | subchapter. |
6 | § 9799.30. Board. |
7 | (a) Composition.--The board shall be composed of |
8 | psychiatrists, psychologists and criminal justice experts, each |
9 | of whom is an expert in the field of the behavior and treatment |
10 | of sexual offenders. |
11 | (b) Appointment.--The Governor shall appoint the board |
12 | members. |
13 | (c) Term of office.--Members of the board shall serve four- |
14 | year terms. |
15 | (d) Compensation.--The members of the board shall be |
16 | compensated at a rate of $350 per assessment and receive |
17 | reimbursement for their actual and necessary expenses while |
18 | performing the business of the board. The chairman shall receive |
19 | $500 additional compensation annually. |
20 | (e) Staff.--Support staff for the board shall be provided by |
21 | the Pennsylvania Board of Probation and Parole. |
22 | § 9799.31. Counseling of sexually violent predators. |
23 | A sexually violent predator shall be required to attend at |
24 | least monthly counseling sessions in a program approved by the |
25 | board and be financially responsible for all fees assessed from |
26 | the counseling sessions. The board shall monitor the compliance |
27 | of the sexually violent predator. If the sexually violent |
28 | predator can prove to the satisfaction of the court that the |
29 | sexually violent predator cannot afford to pay for the |
30 | counseling sessions, the offender shall nonetheless attend the |
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1 | counseling sessions, and the parole office shall pay the |
2 | requisite fees. |
3 | § 9799.32. Exemption from notification for certain licensees |
4 | and their employees. |
5 | Nothing in this subchapter shall be construed as imposing a |
6 | duty upon a person licensed under the act of February 19, 1980 |
7 | (P.L.15, No.9), known as the Real Estate Licensing and |
8 | Registration Act, or an employee of the person, to disclose any |
9 | information regarding an individual required to register with |
10 | the State sexual offender registry pursuant to this subchapter. |
11 | § 9799.33. Annual performance audit. |
12 | (a) Duties of the Attorney General.--The Attorney General |
13 | has the following duties: |
14 | (1) Conduct a performance audit annually to determine |
15 | compliance with the requirements of this subchapter and any |
16 | guidelines promulgated under this subchapter. The audit |
17 | shall, at a minimum, include a review of the practices, |
18 | procedures and records of the Pennsylvania State Police, the |
19 | Pennsylvania Board of Probation and Parole, the Department of |
20 | Corrections, the board, the Administrative Office of |
21 | Pennsylvania Courts and any other State or local agency the |
22 | Attorney General deems necessary in order to conduct a |
23 | thorough and accurate performance audit. |
24 | (2) Prepare an annual report of its findings and any |
25 | action it recommends be taken by the Pennsylvania State |
26 | Police, the Pennsylvania Board of Probation and Parole, the |
27 | Department of Corrections, the board, the Administrative |
28 | Office of Pennsylvania Courts, other State or local agencies |
29 | and the General Assembly to ensure compliance with this |
30 | subchapter. The first report shall be released to the general |
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1 | public no fewer than 18 months following the effective date |
2 | of this section. |
3 | (3) Provide a copy of its report to the Pennsylvania |
4 | State Police, the Pennsylvania Board of Probation and Parole, |
5 | the Department of Corrections, the board, the Administrative |
6 | Office of Pennsylvania Courts, State or local agencies |
7 | referenced in the report, the chairman and the minority |
8 | chairman of the Judiciary Committee of the Senate and the |
9 | chairman and the minority chairman of the Judiciary Committee |
10 | of the House of Representatives no fewer than 30 days prior |
11 | to its release to the general public. |
12 | (b) Cooperation required.--Notwithstanding any other |
13 | provision of law to the contrary, the Pennsylvania State Police, |
14 | the Pennsylvania Board of Probation and Parole, the Department |
15 | of Corrections, the board, the Administrative Office of |
16 | Pennsylvania Courts, the Pennsylvania Commission on Sentencing |
17 | and any other State or local agency requested to do so shall |
18 | fully cooperate with the Attorney General and assist the Office |
19 | of Attorney General in satisfying the requirements of this |
20 | section. For purposes of this subsection, full cooperation shall |
21 | include, at a minimum, complete access to unredacted records, |
22 | files, reports and data systems. |
23 | § 9799.34. Photographs and fingerprinting. |
24 | An individual subject to registration shall submit to |
25 | fingerprinting and photographing as required by this subchapter. |
26 | Fingerprinting as required by this subchapter shall, at a |
27 | minimum, require submission of a full set of fingerprints and |
28 | palm prints. Photographing as required by this subchapter shall, |
29 | at a minimum, require submission to photographs of the face and |
30 | any scars, marks, tattoos or other unique features of the |
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1 | individual. Fingerprints and photographs obtained under this |
2 | subchapter may be maintained for use under this subchapter and |
3 | for general law enforcement purposes. |
4 | Section 6. The definition of "other specified offense" in |
5 | section 2303 of Title 44 is amended to read: |
6 | § 2303. Definitions. |
7 | The following words and phrases when used in this chapter |
8 | shall have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | * * * |
11 | "Other specified offense." Any of the following: |
12 | (1) A felony offense [or an]. |
13 | (2) An offense under 18 Pa.C.S. § 2910 (relating to |
14 | luring a child into a motor vehicle) or 3126 (relating to |
15 | indecent assault) or an attempt to commit such an offense. |
16 | (3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H |
17 | (relating to registration of sexual offenders). |
18 | * * * |
19 | Section 7. Paragraph (4) of the definition of "eligible |
20 | offender" in section 4503 of Title 61 is amended to read: |
21 | § 4503. Definitions. |
22 | The following words and phrases when used in this chapter |
23 | shall have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | * * * |
26 | "Eligible offender." A defendant or inmate convicted of a |
27 | criminal offense who will be committed to the custody of the |
28 | department and who meets all of the following eligibility |
29 | requirements: |
30 | * * * |
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1 | (4) Has not been found guilty or previously convicted or |
2 | adjudicated delinquent for violating any of the following |
3 | provisions or an equivalent offense under the laws of the |
4 | United States or one of its territories or possessions, |
5 | another state, the District of Columbia, the Commonwealth of |
6 | Puerto Rico or a foreign nation: |
7 | 18 Pa.C.S. § 4302 (relating to incest). |
8 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
9 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
10 | children). |
11 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
12 | minor). |
13 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
14 | children). |
15 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet |
16 | child pornography). |
17 | Received a criminal sentence pursuant to 42 Pa.C.S. § |
18 | 9712.1 (relating to sentences for certain drug offenses |
19 | committed with firearms). |
20 | Any Class 1 sexual offense, Class 2 sexual offense or |
21 | Class 3 sexual offense [listed under 42 Pa.C.S. § 9795.1 |
22 | (relating to registration)], as defined in 42 Pa.C.S. § |
23 | 9799.12 (relating to definitions). |
24 | * * * |
25 | Section 8. Section 6137(a)(3.1)(ii) of Title 61 is amended |
26 | to read: |
27 | § 6137. Parole power. |
28 | (a) General criteria for parole.-- |
29 | * * * |
30 | (3.1) * * * |
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1 | (ii) This paragraph shall not apply to offenders who |
2 | are currently serving a term of imprisonment for a crime |
3 | of violence as defined in 42 Pa.C.S. § 9714 (relating to |
4 | sentences for second and subsequent offenses) or for a |
5 | crime requiring registration under 42 Pa.C.S. § [9795.1] |
6 | 9799.13 (relating to registration). |
7 | * * * |
8 | Section 9. This act shall take effect in 60 days. |
|