PRIOR PRINTER'S NO. 2702

PRINTER'S NO.  2807

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1958

Session of

2011

  

  

INTRODUCED BY MARSICO, CALTAGIRONE, STEPHENS, DePASQUALE, S. H. SMITH, TURZAI, SAYLOR, MAJOR, VEREB, ADOLPH, STEVENSON, REED, MANN, AUMENT, BAKER, BARBIN, BENNINGHOFF, BISHOP, BOBACK, BOYD, B. BOYLE, BRADFORD, BRIGGS, BROOKS, R. BROWN, CARROLL, CAUSER, CHRISTIANA, CLYMER, D. COSTA, CREIGHTON, CUTLER, DAVIS, DAY, DEASY, DELOZIER, DENLINGER, DiGIROLAMO, DONATUCCI, ELLIS, EMRICK, EVANKOVICH, J. EVANS, EVERETT, FABRIZIO, GABLER, GEIST, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HACKETT, HAHN, HARHART, HARKINS, HARPER, HARRIS, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, F. KELLER, M. K. KELLER, KILLION, KNOWLES, KORTZ, KRIEGER, KULA, LONGIETTI, MARSHALL, METCALFE, MICCARELLI, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURPHY, MURT, OBERLANDER, O'NEILL, PARKER, PASHINSKI, PERRY, PETRARCA, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, READSHAW, REESE, REICHLEY, ROCK, SABATINA, SACCONE, SAINATO, SANTARSIERO, SANTONI, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STERN, SWANGER, TAYLOR, TOEPEL, TOOHIL, VULAKOVICH, WATSON, WHITE AND WATERS, NOVEMBER 2, 2011

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2011   

  

  

  

AN ACT

  

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

Amending Titles 18 (Crimes and Offenses), 23 (Domestic

<--

8

Relations), 42 (Judiciary and Judicial Procedure), 44 (Law

9

and Justice) and 61 (Prisons and Parole) of the Pennsylvania

10

Consolidated Statutes, extensively revising provisions

11

relating to registration of sexual offenders pursuant to

12

Federal mandate; and making editorial changes.

13

The General Assembly of the Commonwealth of Pennsylvania

 


1

hereby enacts as follows:

2

Section 1.  Sections 3130(a) introductory paragraph and (1)

<--

3

and (b), 3141 and 4915 of Title 18 of the Pennsylvania

4

Consolidated Statutes are amended to read:

5

§ 3130.  Conduct relating to sex offenders.

6

(a)  Offense defined.--A person commits a felony of the third

7

degree if the person has reason to believe that a sex offender

8

is not complying with or has not complied with the requirements

9

of the sex offender's probation or parole, imposed by statute or

10

court order, or with the registration requirements of 42 Pa.C.S.

11

[§ 9795.2 (relating to registration procedures and

12

applicability)] Ch. 97 Subch. H (relating to registration of

13

sexual offenders), and the person, with the intent to assist the

14

sex offender in eluding a law enforcement agent or agency that

15

is seeking to find the sex offender to question the sex offender

16

about, or to arrest the sex offender for, noncompliance with the

17

requirements of the sex offender's probation or parole or the

18

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H:

19

(1)  withholds information from or does not notify the

20

law enforcement agent or agency about the sex offender's

21

noncompliance with the requirements of parole, the

22

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if

23

known, the sex offender's whereabouts;

24

* * *

25

(b)  Definition.--As used in this section, the term "sex

26

offender" means a person who is required to register with the

27

Pennsylvania State Police pursuant to the provisions of 42

28

Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H.

29

§ 3141.  General rule.

30

A person:

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1

(1)  convicted under section 3121 (relating to rape),

2

3122.1 (relating to statutory sexual assault), 3123 (relating

3

to involuntary deviate sexual intercourse), 3124.1 (relating

4

to sexual assault), 3125 (relating to aggravated indecent

5

assault) or 3126 (relating to indecent assault); or

6

(2)  required to register with the Pennsylvania State

7

Police under 42 Pa.C.S. [§ 9795.2 (relating to registration

8

procedures and applicability)] Ch. 97 Subch. H (relating to

9

registration of sexual offenders);

10

may be required to forfeit property rights in any property or

11

assets used to implement or facilitate commission of the crime

12

or crimes of which the person has been convicted. Such property

13

may include, but is not limited to, a computer or computers,

14

telephone equipment, firearms, licit or illicit prescription

15

drugs or controlled substances, a motor vehicle or such other

16

property or assets as determined by the court of common pleas to

17

have facilitated the person's criminal misconduct.

18

§ 4915.  Failure to comply with registration of sexual offenders

19

requirements.

20

(a)  Offense defined.--An individual who is subject to

21

registration under 42 Pa.C.S. § [9795.1(a) (relating to

22

registration) or an individual who is subject to registration

23

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] 9799.13 (relating

24

to applicability) commits an offense if he knowingly fails to:

25

(1)  register with the Pennsylvania State Police as

26

required under 42 Pa.C.S. § [9795.2 (relating to registration

27

procedures and applicability)] 9799.15 (relating to period of

28

registration), 9799.19 (relating to initial registration) or

29

9799.25 (relating to verification by sexual offenders and

30

Pennsylvania State Police);

- 3 -

 


1

(2)  verify his address or be photographed as required

2

under 42 Pa.C.S. § [9796 (relating to verification of

3

residence)] 9799.15, 9799.19 or 9799.25; or

4

(3)  provide accurate information when registering under

5

42 Pa.C.S. § [9795.2 or verifying an address under 42 Pa.C.S.

6

§ 9796] 9799.15, 9799.19 or 9799.25.

7

(a.1)  Transients.--An individual set forth in 42 Pa.C.S. § 

8

9799.13 who is a transient commits an offense if he knowingly

9

fails to:

10

(1)  register with the Pennsylvania State Police as

11

required under 42 Pa.C.S. §§ 9799.15, 9799.16(b)(6) (relating

12

to registry) and 9799.25(a)(7);

13

(2)  verify the information provided in 42 Pa.C.S. §§

14

9799.15 and 9799.16(b)(6) or be photographed as required

15

under 42 Pa.C.S. § 9799.15 or 9799.25;

16

(3)  provide accurate information when registering under

17

42 Pa.C.S. § 9799.15, 9799.16(b)(6) or 9799.25.

18

(a.2)  Counseling.--The following apply:

19

(1)  An individual who is designated as a sexually

20

violent predator commits an offense if he knowingly fails to

21

comply with 42 Pa.C.S. § 9799.36 (relating to counseling of

22

sexually violent predators).

23

(2)  An individual who is subject to a counseling

24

requirement under a sex offender registration statute

25

following conviction in another jurisdiction commits an

26

offense if he knowingly fails to comply with 42 Pa.C.S. §

27

9799.36.

28

(b)  Grading for [offenders who must register for ten] sexual

29

offenders who must register for 15 years.--

30

(2)  Except as set forth in paragraph (3), an individual

- 4 -

 


1

subject to registration under 42 Pa.C.S. § [9795.1(a)]

2

9799.13 and required to register for a period of 15 years who

3

commits a violation of subsection (a)(1) or (2) commits a

4

felony of the third degree.

5

(3)  An individual subject to registration under 42

6

Pa.C.S. § [9795.1(a)] 9799.13 and required to register for a

7

period of 15 years who commits a violation of subsection (a)

8

(1) or (2) and who has previously been convicted of an

9

offense under subsection (a)(1) or (2) or a similar offense

10

commits a felony of the second degree.

11

(4)  An individual subject to registration under 42

12

Pa.C.S. § [9795.1(a)] 9799.13 and required to register for a

13

period of 15 years who violates subsection (a)(3) commits a

14

felony of the second degree.

15

(c)  Grading for [sexually violent predators and others with

16

lifetime registration] sexual offenders who must register for 25

17

years or life.--

18

(2)  Except as set forth in paragraph (3), an individual

19

subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) 

20

or (3)] 9799.13 and required to register for a period of 25

21

years who commits a violation of subsection (a)(1) or (2)

22

commits a felony of the second degree.

23

(3)  An individual subject to registration under 42

24

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9799.13 and required to

25

register for a period of 25 years who commits a violation of

26

subsection (a)(1) or (2) and who has previously been

27

convicted of an offense under subsection (a)(1) or (2) or a

28

similar offense commits a felony of the first degree.

29

(4)  An individual subject to registration under 42

30

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9799.13 and required to

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1

register for a period of 25 years who violates subsection (a)

2

(3) commits a felony of the first degree.

3

(c.1)  Grading for sexual offenders who are transients who

4

must register for 15 years.--

5

(1)  Except as set forth in paragraph (2), an individual

6

subject to registration under 42 Pa.C.S. § 9799.13 who is a

7

transient who must register for 15 years commits a felony of

8

the third degree if the individual violates subsection (a.1)

9

(1), (2) or (3).

10

(2)  An individual subject to registration under 42

11

Pa.C.S. § 9799.13 who is a transient who must register for a

12

period of 15 years commits a felony of the second degree if

13

the individual violates subsection (a.1)(1), (2) or (3) and

14

has been previously convicted of an offense under subsection

15

(a.1)(1), (2) or (3) or a similar offense.

16

(c.2)  Grading for sexual offenders who are transients who

17

must register for 25 years or life.--

18

(1)  Except as set forth in paragraph (2), an individual

19

subject to registration under 42 Pa.C.S. § 9799.13 who is a

20

transient who must register for a period of 25 years or life

21

commits a felony of the second degree if the individual

22

violates subsection (a.1)(1), (2) or (3).

23

(2)  An individual subject to registration under 42

24

Pa.C.S. § 9799.13 who is a transient who must register for a

25

period of 25 years or life commits a felony of the first

26

degree if the individual violates subsection (a.1)(1), (2) or

27

(3) and has been previously convicted of an offense under

28

subsection (a.1)(1), (2) or (3) or a similar offense.

29

(c.3)  Grading for failure to comply with counseling

30

requirements.--An individual designated as a sexually violent

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1

predator or an individual who is subject to a counseling

2

requirement under a sex offender registration statute following

3

conviction in another jurisdiction commits a misdemeanor of the

4

first degree if the individual violates subsection (a.2).

5

(d)  Effect of notice.--Neither failure on the part of the

6

Pennsylvania State Police to send nor failure of a sexually

7

violent predator or offender to receive any notice or

8

information pursuant to 42 Pa.C.S. § [9796(a.1) or (b.1)]

9

9799.25 shall be a defense to a prosecution commenced against an

10

individual arising from a violation of this section. The

11

provisions of 42 Pa.C.S. § [9796(a.1) and (b.1)] 9799.25 are not

12

an element of an offense under this section.

13

(e)  Arrests for violation.--

14

(1)  A police officer shall have the same right of arrest

15

without a warrant as in a felony whenever the police officer

16

has probable cause to believe an individual has committed a

17

violation of this section regardless of whether the violation

18

occurred in the presence of the police officer.

19

(2)  An individual arrested for a violation of this

20

section shall be afforded a preliminary arraignment by the

21

proper issuing authority without unnecessary delay. In no

22

case may the individual be released from custody without

23

first having appeared before the issuing authority.

24

(3)  Prior to admitting an individual arrested for a

25

violation of this section to bail, the issuing authority

26

shall require all of the following:

27

(i)  The individual must be fingerprinted and

28

photographed in the manner required by 42 Pa.C.S. Ch. 97

29

Subch. H (relating to registration of sexual offenders).

30

(ii)  The individual must provide the Pennsylvania

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1

State Police with all current or intended residences, all

2

information concerning current or intended employment,

3

including all employment locations, and all information

4

concerning current or intended enrollment as a student.

5

This subparagraph includes an individual who is a

6

transient, in which case the individual must, in addition

7

to other information required under this subparagraph,

8

provide the information set forth in 42 Pa.C.S. § 

9

9799.16(b)(6).

10

(iii)  Law enforcement must make reasonable attempts

11

to verify the information provided by the individual.

12

(f)  [Definition.--As used in this section, the term "a

13

similar offense" means an] Definitions.--As used in this

14

section, the following words and phrases shall have the meanings

15

given to them in this subsection unless the context clearly

16

indicates otherwise:

17

"Sexually violent predator."  The term shall have the

18

meaning given to it in 42 Pa.C.S. § 9799.12 (relating to

19

definitions).

20

"Similar offense."  An offense similar to an offense

21

under either subsection (a)(1) or (2) under the laws of this

22

Commonwealth, [the United States or one of its territories or

23

possessions, another state, the District of Columbia, the

24

Commonwealth of Puerto Rico or a foreign nation.] another  

25

jurisdiction or a foreign country or a military offense, as

26

defined in 42 Pa.C.S. § 9799.12 (relating to definitions).

27

"Transient."  The term shall have the meaning given to it

28

in 42 Pa.C.S. § 9799.12 (relating to definitions).

29

Section 2.  Section 6707(2)(ii) of Title 23 is amended to

30

read:

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1

§ 6707.  Agency use of designated address.

2

State and local government agencies shall accept the

3

substitute address designated on a valid program participation

4

card issued to the program participant by the Office of Victim

5

Advocate as the program participant's address except as follows:

6

* * *

7

(2)  when the program participant is any of the

8

following:

9

* * *

10

(ii)  a convicted sexual offender who has fulfilled

11

the offender's sentence but must register the offender's

12

community residence as required under 42 Pa.C.S. [§§

13

9795.1 (relating to registration) and 9795.2 (relating to

14

registration procedures and applicability)] Ch. 97 Subch.

15

H (relating to registration of sexual offenders) or any

16

similar registration requirement imposed by any other

17

jurisdiction.

18

Section 3.  Sections 6358(b), 6403(a)(2), (b)(3) and (d) and

19

6404 of Title 42 are amended to read:

20

§ 6358.  Assessment of delinquent children by the State Sexual

21

Offenders Assessment Board.

22

* * *

23

(b)  Duty of probation officer.--Ninety days prior to the

24

20th birthday of the child, the probation officer shall have the

25

duty to notify the board of the status of the delinquent child

26

and the institution or other facility where the child is

27

presently committed. The probation officer shall assist the

28

board in obtaining access to the child and any information

29

required by the board to perform the assessment, including, but

30

not limited to, the child's official court record and complete

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1

juvenile probation file.

2

* * *

3

§ 6403.  Court-ordered involuntary treatment.

4

(a)  Persons subject to involuntary treatment.--A person may

5

be subject to court-ordered commitment for involuntary treatment

6

under this chapter if the person:

7

* * *

8

(2)  Has been committed to an institution or other

9

facility pursuant to section 6352 (relating to disposition of

10

delinquent child) and remains in [the] any such institution

11

or [other] facility upon attaining 20 years of age.

12

* * *

13

(b)  Procedures for initiating court-ordered involuntary

14

commitment.--

15

* * *

16

(3)  The court shall set a date for the hearing which

17

shall be held within 30 days of the filing of the petition

18

pursuant to paragraph (1) and direct the person to appear for

19

the hearing. A copy of the petition and notice of the hearing

20

date shall be served on the person, the attorney who

21

represented the person at the most recent dispositional

22

review hearing pursuant to section 6358(e) and the county

23

solicitor or a designee. A copy of the petition, the

24

assessment and notice of the hearing date shall also be

25

provided to the director of the facility operated by the

26

department pursuant to section 6406(a) (relating to duty of

27

Department of Public Welfare). The person and the attorney

28

who represented the person shall, along with copies of the

29

petition, also be provided with written notice advising that

30

the person has the right to counsel and that, if he cannot

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1

afford one, counsel shall be appointed for the person.

2

* * *

3

(d)  Determination and order.--Upon a finding by clear and

4

convincing evidence that the person has a mental abnormality or

5

personality disorder which results in serious difficulty in

6

controlling sexually violent behavior that makes the person

7

likely to engage in an act of sexual violence, an order shall be

8

entered directing the immediate commitment of the person for

9

[inpatient] involuntary inpatient treatment to a facility

10

designated by the department. The order shall be in writing and

11

shall be consistent with the protection of the public safety and

12

the appropriate control, care and treatment of the person. An

13

appeal shall not stay the execution of the order. If the court

14

does not order the person to be committed for involuntary

15

inpatient treatment by the department, the court shall order the

16

director of the facility operated by the department pursuant to

17

section 6406(a) to destroy the facility's copy of the petition

18

and the assessment.

19

§ 6404.  Duration of inpatient commitment and review.

20

(a)  Initial period of commitment.--The person shall be

21

subject to a period of commitment for inpatient treatment for

22

one year.

23

(b)  Annual review.--

24

(1)  Sixty days prior to the expiration of the one-year

25

commitment period, the director of the facility or a designee

26

shall submit an evaluation and the board shall submit an

27

assessment of the person to the court.

28

(2)  The court shall schedule a review hearing which

29

shall be conducted pursuant to section 6403(c) (relating to

30

court-ordered involuntary treatment) and which shall be held

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1

no later than 30 days after receipt of both the evaluation

2

and the assessment under paragraph (1). Notice of the review

3

hearing shall be provided to the person, the attorney who

4

represented the person at the previous hearing held pursuant

5

to this subsection or section 6403, the district attorney and

6

the county solicitor or a designee. The person and the

7

person's attorney shall also be provided with written notice

8

advising that the person has the right to counsel and that,

9

if he cannot afford one, counsel shall be appointed for the

10

person. If the court determines by clear and convincing

11

evidence that the person continues to have serious difficulty

12

controlling sexually violent behavior in an inpatient setting 

13

due to a mental abnormality or personality disorder that

14

makes the person likely to engage in an act of sexual

15

violence, the court shall order an additional period of

16

involuntary inpatient treatment of one year; otherwise, the

17

court shall order the [discharge of] department, in

18

consultation with the board, to develop an outpatient

19

treatment plan for the person. The order shall be in writing

20

and shall be consistent with the protection of the public

21

safety and appropriate control, care and treatment of the

22

person.

23

(c)  [Discharge] Outpatient treatment plan.--

24

(1)  If at any time the director or a designee of the

25

facility to which the person was committed concludes the

26

person no longer has serious difficulty in controlling

27

sexually violent behavior in an inpatient setting, the

28

director shall petition the court for a hearing. Notice of

29

the petition shall be given to the person, the attorney who

30

represented the person at the previous hearing held pursuant

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1

to subsection (b) or section 6403, the board, the district

2

attorney and the county solicitor. The person and the

3

person's attorney shall also be provided with written notice

4

advising that the person has the right to counsel and that,

5

if he cannot afford one, counsel shall be appointed for the

6

person.

7

(2)  Upon receipt of notice under paragraph (1), the

8

board shall conduct a new assessment within 30 days and

9

provide that assessment to the court.

10

(3)  Within 15 days after the receipt of the assessment

11

from the board, the court shall hold a hearing pursuant to

12

section 6403(c). If the court determines by clear and

13

convincing evidence that the person continues to have serious

14

difficulty controlling sexually violent behavior in an

15

inpatient setting due to a mental abnormality or personality

16

disorder that makes the person likely to engage in an act of

17

sexual violence, the court shall order that the person be

18

subject to the remainder of the period of inpatient 

19

commitment. Otherwise, the court shall order the [discharge

20

of] department, in consultation with the board, to develop an

21

outpatient treatment plan for the person.

22

(4)  The department shall provide the person with notice

23

of the person's right to petition the court for [discharge] 

24

transfer to involuntary outpatient treatment over the

25

objection of the department. The court, after review of the

26

petition, may schedule a hearing pursuant to section 6403(c).

27

(5)  An outpatient treatment plan shall be in writing and

28

shall identify the specific entity that will provide each

29

clinical and support service identified in the plan.

30

(6)  The department shall provide a copy of the

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1

outpatient treatment plan to the court, the person, the

2

attorney who represented the person at the most recent

3

hearing pursuant to section 6403, the board, the district

4

attorney, and the county solicitor or a designee.

5

(d)  Prohibition on discharge.--The court shall not order

6

discharge from involuntary treatment until the person has

7

completed involuntary outpatient treatment pursuant to section

8

6404.2 (relating to duration of outpatient commitment and

9

review).

10

Section 4.  Title 42 is amended by adding sections to read:

11

§ 6404.1.  Transfer to involuntary outpatient treatment.

12

The court may approve or disapprove an outpatient treatment

13

plan. Upon approval of an outpatient treatment plan, the court

14

shall order transfer of the person to involuntary outpatient

15

treatment pursuant to section 6404.2 (relating to duration of

16

outpatient commitment and review).

17

§ 6404.2.  Duration of outpatient commitment and review.

18

(a)  Terms and conditions.--If a court has ordered the

19

transfer of the person to involuntary outpatient treatment

20

pursuant to section 6404.1 (relating to transfer to involuntary

21

outpatient treatment), the court may in its discretion specify

22

the terms and conditions of the outpatient commitment,

23

including, but not limited to:

24

(1)  Absolute compliance with the outpatient treatment

25

plan.

26

(2)  Restrictions and requirements regarding the location

27

of the person's residence and the times the person must be

28

physically present.

29

(3)  Restrictions and requirements regarding areas the

30

person is not permitted to visit.

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1

(4)  Restrictions and requirements regarding who the

2

person may contact in any medium.

3

(5)  Periodic polygraph tests.

4

(b)  Duration.--The court shall order involuntary outpatient

5

treatment for a period of one year.

6

(c)  Status reports.--An involuntary outpatient treatment

7

provider shall submit a report on the person's status and

8

clinical progress, on a form prescribed by the department, to

9

the facility operated by the department pursuant to section

10

6406(a) (relating to duty of Department of Public Welfare), not

11

less than every 30 days.

12

(d)  Failure to comply.--If an involuntary outpatient

13

treatment provider becomes aware that the person has violated

14

any provision of the treatment plan or any term or condition

15

specified pursuant to subsection (a), the provider shall

16

immediately notify the facility operated by the department

17

pursuant to section 6406(a). The facility shall notify the court

18

by the close of the next business day.

19

(e)  Revocation of transfer.--Upon receiving notice pursuant

20

to subsection (d) that the person has violated a term or

21

condition of transfer specified pursuant to subsection (a), the

22

court may in its discretion revoke the transfer to involuntary

23

outpatient treatment and order the immediate return to

24

involuntary inpatient treatment without a prior hearing. The

25

court may issue a warrant requiring any law enforcement officer

26

or any person authorized by the court to take the person into

27

custody and return the person to involuntary inpatient

28

treatment. The person may file a written request for a hearing

29

after revocation of the transfer to involuntary treatment. The

30

court shall conduct a hearing pursuant to section 6403(c)

- 15 -

 


1

(relating to court-ordered involuntary treatment) within ten

2

days of filing of the request.

3

(f)  Annual review.--

4

(1)  Sixty days prior to the expiration of the one-year

5

outpatient commitment period, the director of the facility or

6

a designee shall submit an evaluation, and the board shall

7

submit an assessment of the person to the court.

8

(2)  The court shall schedule a review hearing which

9

shall be conducted pursuant to section 6403(c) and which

10

shall be held no later than 30 days after receipt of both the

11

evaluation and the assessment under paragraph (1). Notice of

12

the review hearing shall be provided to the person, the

13

attorney who represented the person at the previous hearing

14

held pursuant to section 6403, the district attorney and the

15

county solicitor or a designee. The person and the person's

16

attorney shall also be provided with written notice advising

17

that the person has the right to counsel and that, if the

18

person cannot afford one, counsel shall be appointed for the

19

person. If the court determines by clear and convincing

20

evidence that the person has serious difficulty controlling

21

sexually violent behavior due to a mental abnormality or

22

personality disorder that makes the person likely to engage

23

in an act of sexual violence, the court shall order an

24

additional period of involuntary inpatient or outpatient

25

treatment of one year; otherwise the court shall order the

26

discharge of the person. The order shall be in writing and

27

shall be consistent with the protection of the public safety

28

and appropriate control, care and treatment of the person.

29

(g)  Discharge.--

30

(1)  If at any time the director or a designee of the

- 16 -

 


1

facility operated by the department pursuant to section

2

6406(a) concludes the person no longer has serious difficulty

3

in controlling sexually violent behavior, the director shall

4

petition the court for a hearing. Notice of the petition

5

shall be given to the person, the attorney who represented

6

the person at the previous hearing held pursuant to section

7

6403, the board, the district attorney and the county

8

solicitor. The person and the person's attorney shall also be

9

provided with written notice advising that the person has the

10

right to counsel and that, if the person cannot afford one,

11

counsel shall be appointed for the person.

12

(2)  Upon receipt of notice under paragraph (1), the

13

board shall conduct a new assessment within 30 days and

14

provide that assessment to the court.

15

(3)  Within 15 days after the petition has been filed,

16

the court shall hold a hearing pursuant to section 6403(c).

17

If the court determines the person no longer has serious

18

difficulty controlling sexually violent behavior, the court

19

shall order the discharge of the person. If the court denies

20

the petition, the person shall be subject to the remainder of

21

the period of outpatient commitment.

22

(h)  Notice.--The involuntary outpatient treatment provider

23

shall provide the person with notice of the person's right to

24

petition the court for discharge. The court, after review of the

25

petition, may schedule a hearing pursuant to section 6403(c).

26

Section 5.  Sections 6406(a), 6409, 9718.1(a) introductory

27

paragraph and (b)(2) and 9718.2(a) and (d) of Title 42 are

28

amended to read:

29

§ 6406.  Duty of Department of Public Welfare.

30

(a)  General rule.--The department shall have the duty to

- 17 -

 


1

provide a separate, secure State-owned facility or unit utilized

2

solely for the control, care and treatment of persons committed

3

pursuant to this chapter. The department shall be responsible

4

for all costs relating to the control, care and treatment of

5

persons committed to [custody] involuntary treatment pursuant to

6

this chapter.

7

* * *

8

§ 6409.  Immunity for good faith conduct.

9

The following entities shall be immune from liability for

10

good faith conduct under this subchapter:

11

(1)  Members of the board and its agents and employees.

12

(2)  The department and its agents and employees.

13

(3)  County probation departments and their agents and

14

employees.

15

(4)  Providers of involuntary outpatient treatment and

16

their agents and employees.

17

§ 9718.1.  Sexual offender treatment.

18

(a)  General rule.--A person, including an offender

19

designated as a "sexually violent predator" as defined in

20

section [9792] 9799.12 (relating to definitions), shall attend

21

and participate in a Department of Corrections program of

22

counseling or therapy designed for incarcerated sex offenders if

23

the person is incarcerated in a State institution for any of the

24

following provisions under 18 Pa.C.S. (relating to crimes and

25

offenses):

26

* * *

27

(b)  Eligibility for parole.--For an offender required to

28

participate in the program under subsection (a), all of the

29

following apply:

30

* * *

- 18 -

 


1

(2)  Notwithstanding paragraph (1)(iii), an offender who

2

is a sexually violent predator is subject to section [9799.4]

3

9799.36 (relating to counseling of sexually violent

4

predators).

5

* * *

6

§ 9718.2.  Sentences for [sex] sexual offenders.

7

(a)  Mandatory sentence.--

8

(1)  Any person who is convicted in any court of this

9

Commonwealth of an offense set forth in section [9795.1(a) or

10

(b) (relating to registration)] 9799.14 (relating to sexual

11

offenses and tier system) shall, if at the time of the

12

commission of the current offense the person had previously

13

been convicted of an offense set forth in section [9795.1(a)

14

or (b)] 9799.14 or an equivalent crime under the laws of this

15

Commonwealth in effect at the time of the commission of that

16

offense or an equivalent crime in another jurisdiction, be

17

sentenced to a minimum sentence of at least 25 years of total

18

confinement, notwithstanding any other provision of this

19

title or other statute to the contrary. Upon such conviction,

20

the court shall give the person oral and written notice of

21

the penalties under paragraph (2) for a third conviction.

22

Failure to provide such notice shall not render the offender

23

ineligible to be sentenced under paragraph (2).

24

(2)  Where the person had at the time of the commission

25

of the current offense previously been convicted of two or

26

more offenses arising from separate criminal transactions set

27

forth in section [9795.1(a) or (b)] 9799.14 or equivalent

28

crimes under the laws of this Commonwealth in effect at the

29

time of the commission of the offense or equivalent crimes in

30

another jurisdiction, the person shall be sentenced to a term

- 19 -

 


1

of life imprisonment, notwithstanding any other provision of

2

this title or other statute to the contrary. Proof that the

3

offender received notice of or otherwise knew or should have

4

known of the penalties under this paragraph shall not be

5

required.

6

 * * *

7

(d)  Authority of court in sentencing.--[Notice of the

8

application of this section shall be provided to the defendant

9

before trial.] If the notice is given, there shall be no

10

authority in any court to impose on an offender to which this

11

section is applicable any lesser sentence than provided for in

12

subsections (a) and (b) or to place the offender on probation or

13

to suspend sentence. Nothing in this section shall prevent the

14

sentencing court from imposing a sentence greater than that

15

provided in this section. Sentencing guidelines promulgated by

16

the Pennsylvania Commission on Sentencing shall not supersede

17

the mandatory sentences provided in this section.

18

* * *

19

Section 6.  Section 9718.3(a) of Title 42 is amended and the

20

section is amended by adding a subsection to read:

21

§ 9718.3.  Sentence for failure to comply with registration of

22

sexual offenders.

23

(a)  Mandatory sentence.--Mandatory sentencing shall be as

24

follows:

25

(1)  Sentencing upon conviction for a first offense shall

26

be as follows:

27

(i)  Not less than two years for an individual who:

28

(A)  [was] is subject to section [9795.1(a)

29

(relating to registration)] 9799.13 (relating to

30

applicability) and must register for a period of 15

- 20 -

 


1

years under section 9799.15 (relating to period of

2

registration) or a similar provision from another

3

jurisdiction; and

4

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2)

5

(relating to failure to comply with registration of

6

sexual offenders requirements).

7

(ii)  Not less than three years for an individual

8

who:

9

(A)  [was] is subject to section [9795.1(a)]

10

9799.13 and must register for a period of 15 years

11

under section 9799.15 or a similar provision from

12

another jurisdiction; and

13

(B)  violated 18 Pa.C.S. § 4915(a)(3).

14

(iii)  Not less than three years for an individual

15

who:

16

(A)  [was] is subject to section [9795.1(b)]

17

9799.13 and must register for a period of 25 years

18

under section 9799.15 or a similar provision from

19

another jurisdiction; and

20

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

21

(iv)  Not less than five years for an individual who:

22

(A)  [was] is subject to section [9795.1(b)]

23

9799.13 and must register for a period of 25 years

24

under section 9799.15 or a similar provision from

25

another jurisdiction; and

26

(B)  violated 18 Pa.C.S. § 4915(a)(3).

27

(2)  Sentencing upon conviction for a second or

28

subsequent offense shall be as follows:

29

(i)  Not less than five years for an individual who:

30

(A)  [was] is subject to section [9795.1] 9799.13

- 21 -

 


1

and must register for a period of 15 or 25 years or

2

life under section 9799.15 or a similar provision

3

from another jurisdiction; and

4

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

5

(ii)  Not less than seven years for an individual

6

who:

7

(A)  [was] is subject to section [9795.1] 9799.13

8

and must register for a period of 15 or 25 years or

9

life under section 9799.15 or a similar provision

10

from another jurisdiction; and

11

(B)  violated 18 Pa.C.S. § 4915(a)(3).

12

(a.1)  Transients and mandatory sentence.--Mandatory

13

sentencing shall be as follows for an individual subject to

14

registration under section 9799.13 who is a transient:

15

(1)  Sentencing upon conviction for a first offense shall

16

not be less than two years for an individual who:

17

(i)  is subject to sections 9799.16(b)(6) (relating

18

to registry) and 9799.25(a)(7) (relating to verification

19

by sexual offenders and Pennsylvania State Police) or a

20

similar provision from another jurisdiction; and

21

(ii)  violated 18 Pa.C.S. § 4915(a.1).

22

(2)  Sentencing upon conviction for a second or

23

subsequent offense shall not be less than five years for an

24

individual who:

25

(i)  is subject to sections 9799.16(b)(6) and

26

9799.25(a)(7) or a similar provision from another

27

jurisdiction; and

28

(ii)  violated 18 Pa.C.S. § 4915(a.1).

29

* * *

30

Section 7.  Sections 9791, 9792, 9795.1, 9795.2, 9795.3,

- 22 -

 


1

9795.4, 9795.5, 9796, 9797, 9798, 9798.1, 9798.2, 9798.3, 9799,

2

9799.1, 9799.2, 9799.3, 9799.4, 9799.7, 9799.8 and 9799.9 of

3

Title 42 are repealed:

4

[§ 9791.  Legislative findings and declaration of policy.

5

(a)  Legislative findings.--It is hereby determined and

6

declared as a matter of legislative finding:

7

(1)  If the public is provided adequate notice and

8

information about sexually violent predators and certain

9

other offenders, the community can develop constructive plans

10

to prepare themselves and their children for the offender's

11

release. This allows communities to meet with law enforcement

12

to prepare and obtain information about the rights and

13

responsibilities of the community and to provide education

14

and counseling to their children.

15

(2)  These sexually violent predators pose a high risk of

16

engaging in further offenses even after being released from

17

incarceration or commitments and that protection of the

18

public from this type of offender is a paramount governmental

19

interest.

20

(3)  The penal and mental health components of our

21

justice system are largely hidden from public view and lack

22

of information from either may result in failure of both

23

systems to meet this paramount concern of public safety.

24

(4)  Overly restrictive confidentiality and liability

25

laws governing the release of information about sexually

26

violent predators have reduced the willingness to release

27

information that could be appropriately released under the

28

public disclosure laws and have increased risks to public

29

safety.

30

(5)  Persons found to have committed such an offense have

- 23 -

 


1

a reduced expectation of privacy because of the public's

2

interest in public safety and in the effective operation of

3

government.

4

(6)  Release of information about sexually violent

5

predators to public agencies and the general public will

6

further the governmental interests of public safety and

7

public scrutiny of the criminal and mental health systems so

8

long as the information released is rationally related to the

9

furtherance of those goals.

10

(b)  Declaration of policy.--It is hereby declared to be the

11

intention of the General Assembly to protect the safety and

12

general welfare of the people of this Commonwealth by providing

13

for registration and community notification regarding sexually

14

violent predators who are about to be released from custody and

15

will live in or near their neighborhood. It is further declared

16

to be the policy of this Commonwealth to require the exchange of

17

relevant information about sexually violent predators among

18

public agencies and officials and to authorize the release of

19

necessary and relevant information about sexually violent

20

predators to members of the general public as a means of

21

assuring public protection and shall not be construed as

22

punitive.

23

§ 9792.  Definitions.

24

The following words and phrases when used in this subchapter

25

shall have the meanings given to them in this section unless the

26

context clearly indicates otherwise:

27

"Active notification."  Notification pursuant to section 9798

28

(relating to other notification) or any process whereby law

29

enforcement, pursuant to the laws of the United States or one of

30

its territories or possessions, another state, the District of

- 24 -

 


1

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

2

notifies persons in the community in which the individual

3

resides, including any person identified in section 9798(b), of

4

the residence, employment or school location of the individual.

5

"Approved registration site."  A site in this Commonwealth

6

approved by the Pennsylvania State Police as required by section

7

9799.1(2) (relating to duties of Pennsylvania State Police):

8

(1)  at which individuals subject to this subchapter may

9

register, verify information or be fingerprinted or

10

photographed as required by this subchapter;

11

(2)  which is capable of submitting fingerprints

12

utilizing the Integrated Automated Fingerprint Identification

13

System or in another manner and in such form as the

14

Pennsylvania State Police shall require; and

15

(3)  which is capable of submitting photographs utilizing

16

the Commonwealth Photo Imaging Network or in another manner

17

and in such form as the Pennsylvania State Police shall

18

require.

19

"Board."  The State Sexual Offenders Assessment Board.

20

"Common interest community."  Includes a cooperative, a

21

condominium and a planned community where an individual by

22

virtue of an ownership interest in any portion of real estate is

23

or may become obligated by covenant, easement or agreement

24

imposed upon the owner's interest to pay any amount for real

25

property taxes, insurance, maintenance, repair, improvement,

26

management, administration or regulation of any part of the real

27

estate other than the portion or interest owned solely by the

28

individual.

29

"Commonwealth Photo Imaging Network."  The computer network

30

administered by the Commonwealth and used to record and store

- 25 -

 


1

digital photographs of an individual's face and any scars,

2

marks, tattoos or other unique features of the individual.

3

"Employed."  Includes a vocation or employment that is full-

4

time or part-time for a period of time exceeding 14 days or for

5

an aggregate period of time exceeding 30 days during any

6

calendar year, whether financially compensated, volunteered,

7

pursuant to a contract or for the purpose of government or

8

educational benefit.

9

"Integrated Automated Fingerprint Identification System."

10

The national fingerprint and criminal history system maintained

11

by the Federal Bureau of Investigation providing automated

12

fingerprint search capabilities, latent searching capability,

13

electronic image storage and electronic exchange of fingerprints

14

and responses.

15

"Mental abnormality."  A congenital or acquired condition of

16

a person that affects the emotional or volitional capacity of

17

the person in a manner that predisposes that person to the

18

commission of criminal sexual acts to a degree that makes the

19

person a menace to the health and safety of other persons.

20

"Minor."  As used in section 9795.1 (relating to

21

registration), is any individual under the age of 18 unless the

22

age of the victim who is considered a minor is otherwise defined

23

in section 9795.1.

24

"Municipality."  A city, borough, incorporated town or

25

township.

26

"Offender."  An individual required to register under section

27

9795.1(a), (b)(1) or (2) (relating to registration).

28

"Passive notification."  Notification pursuant to section

29

9798.1 (relating to information made available on the Internet)

30

or any process whereby persons, pursuant to the laws of the

- 26 -

 


1

United States or one of its territories or possessions, another

2

state, the District of Columbia, the Commonwealth of Puerto Rico

3

or a foreign nation, are able to access information pertaining

4

to an individual as a result of the individual having been

5

convicted or sentenced by a court for an offense similar to an

6

offense listed in section 9795.1 (relating to registration).

7

"Penetration."  Includes any penetration, however slight, of

8

the genitals or anus or mouth of another person with a part of

9

the person's body or a foreign object for any purpose other than

10

good faith medical, hygienic or law enforcement procedures.

11

"Predatory."  An act directed at a stranger or at a person

12

with whom a relationship has been initiated, established,

13

maintained or promoted, in whole or in part, in order to

14

facilitate or support victimization.

15

"Residence."  A location where an individual resides or is

16

domiciled or intends to be domiciled for 30 consecutive days or

17

more during a calendar year.

18

"Sexually violent offense."  Any criminal offense specified

19

in section 9795.1 (relating to registration).

20

"Sexually violent predator."  A person who has been convicted

21

of a sexually violent offense as set forth in section 9795.1

22

(relating to registration) and who is determined to be a

23

sexually violent predator under section 9795.4 (relating to

24

assessments) due to a mental abnormality or personality disorder

25

that makes the person likely to engage in predatory sexually

26

violent offenses. The term includes an individual determined to

27

be a sexually violent predator where the determination occurred

28

in the United States or one of its territories or possessions,

29

another state, the District of Columbia, the Commonwealth of

30

Puerto Rico, a foreign nation or by court martial.

- 27 -

 


1

"Student."  A person who is enrolled on a full-time or part-

2

time basis in any public or private educational institution,

3

including any secondary school, trade or professional

4

institution or institution of higher education.

5

§ 9795.1.  Registration.

6

(a)  Ten-year registration.--The following individuals shall

7

be required to register with the Pennsylvania State Police for a

8

period of ten years:

9

(1)  Individuals convicted of any of the following

10

offenses:

11

18 Pa.C.S. § 2901 (relating to kidnapping) where the

12

victim is a minor.

13

18 Pa.C.S. § 2910 (relating to luring a child into a

14

motor vehicle or structure).

15

18 Pa.C.S. § 3124.2 (relating to institutional sexual

16

assault).

17

18 Pa.C.S. § 3126 (relating to indecent assault)

18

where the offense is graded as a misdemeanor of the first

19

degree or higher.

20

18 Pa.C.S. § 4302 (relating to incest) where the

21

victim is 12 years of age or older but under 18 years of

22

age.

23

18 Pa.C.S. § 5902(b) (relating to prostitution and

24

related offenses) where the actor promotes the

25

prostitution of a minor.

26

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to

27

obscene and other sexual materials and performances)

28

where the victim is a minor.

29

18 Pa.C.S. § 6312 (relating to sexual abuse of

30

children).

- 28 -

 


1

18 Pa.C.S. § 6318 (relating to unlawful contact with

2

minor).

3

18 Pa.C.S. § 6320 (relating to sexual exploitation of

4

children).

5

(2)  Individuals convicted of an attempt, conspiracy or

6

solicitation to commit any of the offenses under paragraph

7

(1) or subsection (b)(2).

8

(3)  Individuals currently residing in this Commonwealth

9

who have been convicted of offenses similar to the crimes

10

cited in paragraphs (1) and (2) under the laws of the United

11

States or one of its territories or possessions, another

12

state, the District of Columbia, the Commonwealth of Puerto

13

Rico or a foreign nation or under a former law of this

14

Commonwealth.

15

(b)  Lifetime registration.--The following individuals shall

16

be subject to lifetime registration:

17

(1)  An individual with two or more convictions of any of

18

the offenses set forth in subsection (a).

19

(2)  Individuals convicted of any of the following

20

offenses:

21

18 Pa.C.S. § 3121 (relating to rape).

22

18 Pa.C.S. § 3123 (relating to involuntary deviate

23

sexual intercourse).

24

18 Pa.C.S. § 3124.1 (relating to sexual assault).

25

18 Pa.C.S. § 3125 (relating to aggravated indecent

26

assault).

27

18 Pa.C.S. § 4302 (relating to incest) when the

28

victim is under 12 years of age.

29

(3)  Sexually violent predators.

30

(4)  Individuals currently residing in this Commonwealth

- 29 -

 


1

who have been convicted of offenses similar to the crimes

2

cited in paragraph (2) under the laws of the United States or

3

one of its territories or possessions, another state, the

4

District of Columbia, the Commonwealth of Puerto Rico or a

5

foreign nation or under a former law of this Commonwealth.

6

(c)  Natural disaster.--The occurrence of a natural disaster

7

or other event requiring evacuation of residences shall not

8

relieve an individual of the duty to register or any other duty

9

imposed by this chapter.

10

§ 9795.2.  Registration procedures and applicability.

11

(a)  Registration.--

12

(1)  Offenders and sexually violent predators shall be

13

required to register with the Pennsylvania State Police upon

14

release from incarceration, upon parole from a State or

15

county correctional institution or upon the commencement of a

16

sentence of intermediate punishment or probation. For

17

purposes of registration, offenders and sexually violent

18

predators shall provide the Pennsylvania State Police with

19

all current or intended residences, all information

20

concerning current or intended employment and all information

21

concerning current or intended enrollment as a student.

22

(2)  Offenders and sexually violent predators shall

23

inform the Pennsylvania State Police within 48 hours of:

24

(i)  Any change of residence or establishment of an

25

additional residence or residences.

26

(ii)  Any change of employer or employment location

27

for a period of time that will exceed 14 days or for an

28

aggregate period of time that will exceed 30 days during

29

any calendar year, or termination of employment.

30

(iii)  Any change of institution or location at which

- 30 -

 


1

the person is enrolled as a student, or termination of

2

enrollment.

3

(iv)  Becoming employed or enrolled as a student if

4

the person has not previously provided that information

5

to the Pennsylvania State Police.

6

(2.1)  Registration with a new law enforcement agency

7

shall occur no later than 48 hours after establishing

8

residence in another state.

9

(3)  The ten-year registration period required in section

10

9795.1(a) (relating to registration) shall be tolled when an

11

offender is recommitted for a parole violation or sentenced

12

to an additional term of imprisonment. In such cases, the

13

Department of Corrections or county correctional facility

14

shall notify the Pennsylvania State Police of the admission

15

of the offender.

16

(4)  This paragraph shall apply to all offenders and

17

sexually violent predators:

18

(i)  Where the offender or sexually violent predator

19

was granted parole by the Pennsylvania Board of Probation

20

and Parole or the court or is sentenced to probation or

21

intermediate punishment, the board or county office of

22

probation and parole shall collect registration

23

information from the offender or sexually violent

24

predator and forward that registration information to the

25

Pennsylvania State Police. The Department of Corrections

26

or county correctional facility shall not release the

27

offender or sexually violent predator until it receives

28

verification from the Pennsylvania State Police that it

29

has received the registration information. Verification

30

by the Pennsylvania State Police may occur by electronic

- 31 -

 


1

means, including e-mail or facsimile transmission. Where

2

the offender or sexually violent predator is scheduled to

3

be released from a State correctional facility or county

4

correctional facility because of the expiration of the

5

maximum term of incarceration, the Department of

6

Corrections or county correctional facility shall collect

7

the information from the offender or sexually violent

8

predator no later than ten days prior to the maximum

9

expiration date. The registration information shall be

10

forwarded to the Pennsylvania State Police.

11

(ii)  Where the offender or sexually violent predator

12

scheduled to be released from a State correctional

13

facility or county correctional facility due to the

14

maximum expiration date refuses to provide the

15

registration information, the Department of Corrections

16

or county correctional facility shall notify the

17

Pennsylvania State Police or police department with

18

jurisdiction over the facility of the failure to provide

19

registration information and of the expected date, time

20

and location of the release of the offender or sexually

21

violent predator.

22

(b)  Individuals convicted or sentenced by a court or

23

adjudicated delinquent in jurisdictions outside this

24

Commonwealth or sentenced by court martial.--

25

(4)  An individual who resides, is employed or is a

26

student in this Commonwealth and who has been convicted of or

27

sentenced by a court or court martialed for a sexually

28

violent offense or a similar offense under the laws of the

29

United States or one of its territories or possessions,

30

another state, the District of Columbia, the Commonwealth of

- 32 -

 


1

Puerto Rico or a foreign nation, or who was required to

2

register under a sexual offender statute in the jurisdiction

3

where convicted, sentenced or court martialed, shall register

4

at an approved registration site within 48 hours of the

5

individual's arrival in this Commonwealth. The provisions of

6

this subchapter shall apply to the individual as follows:

7

(i)  If the individual has been classified as a

8

sexually violent predator as defined in section 9792

9

(relating to definitions) or determined under the laws of

10

the other jurisdiction or by reason of court martial to

11

be subject to active notification and lifetime

12

registration on the basis of a statutorily authorized

13

administrative or judicial decision or on the basis of a

14

statute or administrative rule requiring active

15

notification and lifetime registration based solely on

16

the offense for which the individual was convicted,

17

sentenced or court martialed, the individual shall,

18

notwithstanding section 9792, be considered a sexually

19

violent predator and subject to lifetime registration

20

pursuant to section 9795.1(b) (relating to registration).

21

The individual shall also be subject to the provisions of

22

this section and sections 9796 (relating to verification

23

of residence), 9798 (relating to other notification) and

24

9798.1(c)(1) (relating to information made available on

25

the Internet), except that the individual shall not be

26

required to receive counseling unless required to do so

27

by the other jurisdiction or by reason of court martial.

28

(ii)  Except as provided in subparagraphs (i) and

29

(iv), if the individual has been convicted or sentenced

30

by a court or court martialed for an offense listed in

- 33 -

 


1

section 9795.1(b) or an equivalent offense, the

2

individual shall, notwithstanding section 9792, be

3

considered an offender and be subject to lifetime

4

registration pursuant to 9795.1(b). The individual shall

5

also be subject to the provisions of this section and

6

sections 9796 and 9798.1(c)(2).

7

(iii)  Except as provided in subparagraphs (i), (ii),

8

(iv) and (v), if the individual has been convicted or

9

sentenced by a court or court martialed for an offense

10

listed in section 9795.1(a) or an equivalent offense, the

11

individual shall be, notwithstanding section 9792,

12

considered an offender and subject to registration

13

pursuant to this subchapter. The individual shall also be

14

subject to the provisions of this section and sections

15

9796 and 9798.1(c)(2). The individual shall be subject to

16

this subchapter for a period of ten years or for a period

17

of time equal to the time for which the individual was

18

required to register in the other jurisdiction or

19

required to register by reason of court martial,

20

whichever is greater, less any credit due to the

21

individual as a result of prior compliance with

22

registration requirements.

23

(iv)  Except as provided in subparagraph (i) and

24

notwithstanding subparagraph (v), if the individual is

25

subject to active notification in the other jurisdiction

26

or subject to active notification by reason of court

27

martial, the individual shall, notwithstanding section

28

9792, be considered an offender and subject to this

29

section and sections 9796, 9798 and 9798.1(c)(1). If the

30

individual was convicted of or sentenced in the other

- 34 -

 


1

jurisdiction or sentenced by court martial for an offense

2

listed in section 9795.1(b) or an equivalent offense, the

3

individual shall be subject to this subchapter for the

4

individual's lifetime. If the individual was convicted of

5

or sentenced in the other jurisdiction or sentenced by

6

court martial for an offense listed in section 9795.1(a)

7

or an equivalent offense, the individual shall be subject

8

to this subchapter for a period of ten years or for a

9

period of time equal to the time for which the individual

10

was required to register in the other jurisdiction or

11

required to register by reason of court martial,

12

whichever is greater, less any credit due to the

13

individual as a result of prior compliance with

14

registration requirements. Otherwise, the individual

15

shall be subject to this subchapter for a period of time

16

equal to the time for which the individual was required

17

to register in the other jurisdiction or required to

18

register by reason of court martial, less any credit due

19

to the individual as a result of prior compliance with

20

registration requirements.

21

(v)  Except as provided in subparagraphs (i), (ii),

22

(iii) and (iv), if the individual is subject to passive

23

notification in the other jurisdiction or subject to

24

passive notification by reason of court martial, the

25

individual shall, notwithstanding section 9792, be

26

considered an offender and subject to this section and

27

sections 9796 and 9798.1(c)(2). The individual shall be

28

subject to this subchapter for a period of time equal to

29

the time for which the individual was required to

30

register in the other jurisdiction or required to

- 35 -

 


1

register by reason of court martial, less any credit due

2

to the individual as a result of prior compliance with

3

registration requirements.

4

(5)  Notwithstanding the provisions of Chapter 63

5

(relating to juvenile matters) and except as provided in

6

paragraph (4), an individual who resides, is employed or is a

7

student in this Commonwealth and who is required to register

8

as a sex offender under the laws of the United States or one

9

of its territories or possessions, another state, the

10

District of Columbia, the Commonwealth of Puerto Rico or a

11

foreign nation as a result of a juvenile adjudication shall

12

register at an approved registration site within 48 hours of

13

the individual's arrival in this Commonwealth. The provisions

14

of this subchapter shall apply to the individual as follows:

15

(i)  If the individual has been classified as a

16

sexually violent predator as defined in section 9792 or

17

determined under the laws of the other jurisdiction to be

18

subject to active notification and lifetime registration

19

on the basis of a statutorily authorized administrative

20

or judicial decision or on the basis of a statute or

21

administrative rule requiring active notification and

22

lifetime registration based solely on the offense for

23

which the individual was adjudicated, the individual

24

shall, notwithstanding section 9792, be considered a

25

sexually violent predator and subject to lifetime

26

registration pursuant to section 9795.1(b). The

27

individual shall also be subject to the provisions of

28

this section and sections 9796 and 9798.1(c)(1), except

29

that the individual shall not be required to receive

30

counseling unless required to do so by the other

- 36 -

 


1

jurisdiction.

2

(ii)  Except as provided in subparagraph (i), if the

3

individual is subject to active notification in the other

4

jurisdiction, the individual shall, notwithstanding

5

section 9792, be considered an offender and subject to

6

registration pursuant to this subchapter. The individual

7

shall also be subject to the provisions of this section

8

and sections 9796, 9798 and 9798.1(c)(1). The individual

9

shall be subject to this subchapter for a period of time

10

equal to the time for which the individual was required

11

to register in the other jurisdiction, less any credit

12

due to the individual as a result of prior compliance

13

with registration requirements.

14

(iii)  Except as provided in subparagraphs (i) and

15

(ii), if the individual is subject to passive

16

notification in the other jurisdiction, the individual

17

shall, notwithstanding section 9792, be considered an

18

offender and be subject to this section and sections 9796

19

and 9798.1(c)(2). The individual shall be subject to this

20

subchapter for a period of time equal to the time for

21

which the individual was required to register in the

22

other jurisdiction, less any credit due to the individual

23

as a result of prior registration compliance.

24

(c)  Registration information to local police.--

25

(1)  The Pennsylvania State Police shall provide the

26

information obtained under this section and sections 9795.3

27

(relating to sentencing court information) and 9796 (relating

28

to verification of residence) to the chief law enforcement

29

officers of the police departments of the municipalities in

30

which the individual will reside, be employed or enrolled as

- 37 -

 


1

a student. In addition, the Pennsylvania State Police shall

2

provide this officer with the address at which the individual

3

will reside, be employed or enrolled as a student following

4

his release from incarceration, parole or probation.

5

(2)  The Pennsylvania State Police shall provide notice

6

to the chief law enforcement officers of the police

7

departments of the municipalities notified pursuant to

8

paragraph (1) when an individual fails to comply with the

9

registration requirements of this section or section 9796 and

10

request, as appropriate, that these police departments assist

11

in locating and apprehending the individual.

12

(3)  The Pennsylvania State Police shall provide notice

13

to the chief law enforcement officers of the police

14

departments of the municipalities notified pursuant to

15

paragraph (1) when they are in receipt of information

16

indicating that the individual will no longer reside, be

17

employed or be enrolled as a student in the municipality.

18

(d)  Penalty.--An individual subject to registration under

19

section 9795.1(a) or (b) who fails to register with the

20

Pennsylvania State Police as required by this section may be

21

subject to prosecution under 18 Pa.C.S. § 4915 (relating to

22

failure to comply with registration of sexual offenders

23

requirements).

24

(e)  Registration sites.--An individual subject to section

25

9795.1 shall register and submit to fingerprinting and

26

photographing as required by this subchapter at approved

27

registration sites.

28

§ 9795.3.  Sentencing court information.

29

The sentencing court shall inform offenders and sexually

30

violent predators at the time of sentencing of the provisions of

- 38 -

 


1

this subchapter. The court shall:

2

(1)  Specifically inform the offender or sexually violent

3

predator of the duty to register and provide the information

4

required for each registration, including verification as

5

required in section 9796(a) (relating to verification of

6

residence).

7

(2)  Specifically inform the offender or sexually violent

8

predator of the duty to inform the Pennsylvania State Police

9

within ten days if the offender or sexually violent predator

10

changes residence or establishes an additional residence or

11

residences, changes employer or employment location for a

12

period of time that will exceed 14 days or for an aggregate

13

period of time that will exceed 30 days during any calendar

14

year or terminates employment or changes institution or

15

location at which the person is enrolled as a student or

16

terminates enrollment.

17

(2.1)  Specifically inform the offender or sexually

18

violent predator of the duty to inform the Pennsylvania State

19

Police within ten days of becoming employed or enrolled as a

20

student if the person has not previously provided that

21

information to the Pennsylvania State Police.

22

(3)  Specifically inform the offender or sexually violent

23

predator of the duty to register with a new law enforcement

24

agency if the offender or sexually violent predator moves to

25

another state no later than ten days after establishing

26

residence in another state.

27

(4)  Order the fingerprints and photograph of the

28

offender or sexually violent predator to be provided to the

29

Pennsylvania State Police upon sentencing.

30

(5)  Specifically inform the offender or sexually violent

- 39 -

 


1

predator of the duty to register with the appropriate

2

authorities in any state in which the offender or sexually

3

violent predator is employed, carries on a vocation or is a

4

student if the state requires such registration.

5

(6)  Require the offender or sexually violent predator to

6

read and sign a form stating that the duty to register under

7

this subchapter has been explained. Where the offender or

8

sexually violent predator is incapable of reading, the court

9

shall certify the duty to register was explained to the

10

offender or sexually violent predator and the offender or

11

sexually violent predator indicated an understanding of the

12

duty.

13

§ 9795.4.  Assessments.

14

(a)  Order for assessment.--After conviction but before

15

sentencing, a court shall order an individual convicted of an

16

offense specified in section 9795.1 (relating to registration)

17

to be assessed by the board. The order for an assessment shall

18

be sent to the administrative officer of the board within ten

19

days of the date of conviction.

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

- 40 -

 


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 of the individual.

18

(ii)  Use of illegal drugs by the individual.

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 reoffense.

26

(c)  Release of information.--All State, county and local

27

agencies, offices or 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

- 41 -

 


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 which 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

- 42 -

 


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 a

7

lawyer appointed to represent him if he cannot afford one. If

8

the individual requests another expert assessment, the

9

individual shall provide a copy of the expert assessment to

10

the district attorney prior to the hearing.

11

(3)  At the hearing prior to sentencing, the court shall

12

determine whether the Commonwealth has proved by clear and

13

convincing evidence that the individual is a sexually violent

14

predator.

15

(4)  A copy of the order containing the determination of

16

the court shall be immediately submitted to the individual,

17

the district attorney, the Pennsylvania Board of Probation

18

and Parole, the Department of Corrections, the board and the

19

Pennsylvania State Police.

20

(f)  Presentence investigation.--In all cases where the board

21

has performed an assessment pursuant to this section, copies of

22

the report shall be provided to the agency preparing the

23

presentence investigation.

24

(g)  Parole assessment.--The Pennsylvania Board of Probation

25

and Parole may request of the board an assessment of an offender

26

or sexually violent predator be conducted and provide a report

27

to the Pennsylvania Board of Probation and Parole prior to

28

considering an offender or sexually violent predator for parole.

29

(h)  Delinquent children.--Except where section 6358(b.1)

30

(relating to assessment of delinquent children by the State

- 43 -

 


1

Sexual Offenders Assessment Board) is applicable, the probation

2

officer shall notify the board 90 days prior to the 20th

3

birthday of the child of the status of the delinquent child who

4

is committed to an institution or other facility pursuant to

5

section 6352 (relating to disposition of delinquent child) after

6

having been found delinquent for an act of sexual violence which

7

if committed by an adult would be a violation of 18 Pa.C.S. §

8

3121 (relating to rape), 3123 (relating to involuntary deviate

9

sexual intercourse), 3124.1 (relating to sexual assault), 3125

10

(relating to aggravated indecent assault), 3126 (relating to

11

indecent assault) or 4302 (relating to incest), together with

12

the location of the facility where the child is committed. The

13

board shall conduct an assessment of the child, which shall

14

include the board's determination of whether or not the child is

15

in need of commitment due to a mental abnormality as defined in

16

section 6402 (relating to definitions) or a personality

17

disorder, either of which results in serious difficulty in

18

controlling sexually violent behavior, and provide a report to

19

the court within the time frames set forth in section 6358(c).

20

The probation officer shall assist the board in obtaining access

21

to the child and any records or information as requested by the

22

board in connection with the assessment. The assessment shall be

23

conducted pursuant to subsection (b).

24

(i)  Other assessments.--Upon receipt from the court of an

25

order for an assessment under section 9795.5 (relating to

26

exemption from certain notification), a member of the board as

27

designated by the administrative officer of the board shall

28

conduct an assessment of the individual to determine if the

29

relief sought, if granted, is likely to pose a threat to the

30

safety of any other person. The board shall establish standards

- 44 -

 


1

for evaluations and for evaluators conducting these assessments.

2

§ 9795.5.  Exemption from certain notifications.

3

(a)  Lifetime registrants not classified as sexually violent

4

predators.--

5

(1)  An individual required to register under section

6

9795.1 (relating to registration) who is not a sexually

7

violent predator may petition the sentencing court to be

8

exempt from the application of section 9798.1 (relating to

9

information made available on the Internet) provided no less

10

than 20 years have passed since the individual has been

11

convicted in this or any other jurisdiction of any offense

12

punishable by imprisonment for more than one year, or the

13

individual's release from custody following the individual's

14

most recent conviction for any such offense, whichever is

15

later.

16

(2)  Upon receipt of a petition filed under paragraph

17

(1), the sentencing court shall enter an order directing that

18

the petitioner be assessed by the board in accordance with

19

the provisions of section 9795.4(i) (relating to

20

assessments). The order for an assessment under this

21

subsection shall be sent to the administrative officer of the

22

board within ten days of its entry. No later than 90 days

23

following receipt of such an order, the board shall submit a

24

written report containing its assessment to the sentencing

25

court, the district attorney and the attorney for the

26

petitioner.

27

(3)  Within 120 days of the filing of a petition under

28

paragraph (1), the sentencing court shall hold a hearing to

29

determine whether to exempt the petitioner from the

30

application of section 9798.1. The petitioner and the

- 45 -

 


1

district attorney shall be given notice of the hearing and an

2

opportunity to be heard, the right to call witnesses, the

3

right to call expert witnesses and the right to cross-examine

4

witnesses. The petitioner shall have the right to counsel and

5

to have a lawyer appointed to represent him if he cannot

6

afford one.

7

(4)  The sentencing court shall exempt the petitioner

8

from application of section 9798.1 only upon finding by clear

9

and convincing evidence that exempting the petitioner from

10

the application of section 9798.1 is not likely to pose a

11

threat to the safety of any other person.

12

(b)  Sexually violent predators.--

13

(1)  An individual required to register under section

14

9795.1 who is a sexually violent predator may petition the

15

sentencing court for release from the application of section

16

9798 (relating to other notification) provided no less than

17

20 years have passed since the individual has been convicted

18

in this or any other jurisdiction of any offense punishable

19

by imprisonment for more than one year, or the individual's

20

release from custody following the individual's most recent

21

conviction for any such offense, whichever is later.

22

(2)  Upon receipt of a petition under paragraph (1), the

23

sentencing court shall order the petitioner to be assessed by

24

the board in accordance with the provisions of section

25

9795.4(i). The order for an assessment pursuant to this

26

subsection shall be sent to the administrative officer of the

27

board within ten days of its entry. No later than 90 days

28

following receipt of such an order, the board shall submit a

29

written report containing its assessment to the sentencing

30

court, the district attorney and the attorney for the

- 46 -

 


1

petitioner.

2

(3)  Within 120 days of the filing of a petition under

3

paragraph (1), the sentencing court shall hold a hearing to

4

determine whether to exempt the petitioner from application

5

of section 9798. The petitioner and the district attorney

6

shall be given notice of the hearing and an opportunity to be

7

heard, the right to call witnesses, the right to call expert

8

witnesses and the right to cross-examine witnesses. The

9

petitioner shall have the right to counsel and to have a

10

lawyer appointed to represent him if he cannot afford one.

11

(4)  The sentencing court shall exempt the petitioner

12

from application of section 9798 only upon clear and

13

convincing evidence that releasing the petitioner from

14

application of section 9798 is not likely to pose a threat to

15

the safety of any other person.

16

(c)  Notice.--Any court granting relief to a petitioner under

17

this section shall notify the Pennsylvania State Police in

18

writing within ten days from the date such relief is granted.

19

(d)  Right to appeal.--The petitioner and the Commonwealth

20

shall have the right to appellate review of the actions of the

21

sentencing court taken under this section. An appeal by the

22

Commonwealth shall stay the order of the sentencing court.

23

(e)  Subsequent conviction for failing to comply.--If an

24

individual is exempt from the application of either section 9798

25

or 9798.1 under this section and the individual is subsequently

26

convicted of an offense under 18 Pa.C.S. § 4915 (relating to

27

failure to comply with registration of sexual offenders

28

requirements), any relief granted under this section shall be

29

void, and the individual shall automatically and immediately

30

again be subject to all applicable provisions of this

- 47 -

 


1

subchapter, as previously determined by this subchapter.

2

§ 9796.  Verification of residence.

3

(a)  Quarterly verification by sexually violent predators.--

4

The Pennsylvania State Police shall verify the residence and

5

compliance with counseling as provided for in section 9799.4

6

(relating to counseling of sexually violent predators) of

7

sexually violent predators every 90 days through the use of a

8

nonforwardable verification form to the last reported residence.

9

For the period of registration required by section 9795.1

10

(relating to registration), a sexually violent predator shall

11

appear quarterly between January 5 and January 15, April 5 and

12

April 15, July 5 and July 15 and October 5 and October 15 of

13

each calendar year at an approved registration site to complete

14

a verification form and to be photographed.

15

(a.1)  Facilitation of quarterly verification.--The

16

Pennsylvania State Police shall facilitate and administer the

17

verification process required by subsection (a) by:

18

(1)  sending a notice by first class United States mail

19

to all registered sexually violent predators at their last

20

reported residence addresses. This notice shall be sent not

21

more than 30 days nor less than 15 days prior to each of the

22

quarterly verification periods set forth in subsection (a)

23

and shall remind sexually violent predators of their

24

quarterly verification requirement and provide them with a

25

list of approved registration sites; and

26

(2)  providing verification and compliance forms as

27

necessary to each approved registration site not less than

28

ten days before each of the quarterly verification periods.

29

(b)  Annual verification by offenders.--The Pennsylvania

30

State Police shall verify the residence of offenders. For the

- 48 -

 


1

period of registration required by section 9795.1, an offender

2

shall appear within ten days before each annual anniversary date

3

of the offender's initial registration under section 9795.1 at

4

an approved registration site to complete a verification form

5

and to be photographed.

6

(b.1)  Facilitation of annual verification.--The Pennsylvania

7

State Police shall facilitate and administer the verification

8

process required by subsection (b) by:

9

(1)  sending a notice by first class United States mail

10

to all registered offenders at their last reported residence

11

addresses. This notice shall be sent not more than 30 days

12

nor less than 15 days prior to each offender's annual

13

anniversary date and shall remind the offender of the annual

14

verification requirement and provide the offender with a list

15

of approved registration sites; and

16

(2)  providing verification and compliance forms as

17

necessary to each approved registration site.

18

(c)  Notification of law enforcement agencies of change of

19

residence.--A change of residence of an offender or sexually

20

violent predator required to register under this subchapter

21

reported to the Pennsylvania State Police shall be immediately

22

reported by the Pennsylvania State Police to the appropriate law

23

enforcement agency having jurisdiction of the offender's or the

24

sexually violent predator's new place of residence. The

25

Pennsylvania State Police shall, if the offender or sexually

26

violent predator changes residence to another state, notify the

27

law enforcement agency with which the offender or sexually

28

violent predator must register in the new state.

29

(d)  Failure to provide verification.--Where an offender or

30

sexually violent predator fails to provide verification of

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1

residence within the ten-day period as set forth in this

2

section, the Pennsylvania State Police shall immediately notify

3

the municipal police department of the offender's or the

4

sexually violent predator's last verified residence. The local

5

municipal police shall locate the offender or sexually violent

6

predator and arrest him for violating this section. The

7

Pennsylvania State Police shall assume responsibility for

8

locating the offender or sexually violent predator and arresting

9

him in jurisdictions where no municipal police jurisdiction

10

exists. The Pennsylvania State Police shall assist any municipal

11

police department requesting assistance with locating and

12

arresting an offender or sexually violent predator who fails to

13

verify his residence.

14

(e)  Penalty.--An individual subject to registration under

15

section 9795.1(a) or (b) who fails to verify his residence or to

16

be photographed as required by this section may be subject to

17

prosecution under 18 Pa.C.S. § 4915 (relating to failure to

18

comply with registration of sexual offenders requirements).

19

(f)  Effect of notice.--Neither failure on the part of the

20

Pennsylvania State Police to send nor failure of a sexually

21

violent predator or offender to receive any notice or

22

information under subsection (a.1) or (b.1) shall relieve that

23

predator or offender from the requirements of this subchapter.

24

§ 9797.  Victim notification.

25

(a)  Duty to inform victim.--

26

(1)  Where the individual is determined to be a sexually

27

violent predator by a court under section 9795.4 (relating to

28

assessments), the local municipal police department or the

29

Pennsylvania State Police where no municipal police

30

jurisdiction exists shall give written notice to the sexually

- 50 -

 


1

violent predator's victim when the sexually violent predator

2

registers initially and when he notifies the Pennsylvania

3

State Police of any change of residence. This notice shall be

4

given within 72 hours after the sexually violent predator

5

registers or notifies the Pennsylvania State Police of a

6

change of address. The notice shall contain the sexually

7

violent predator's name and the address or addresses where he

8

resides.

9

(2)  A victim may terminate the duty to inform set forth

10

in paragraph (1) by providing the local municipal police

11

department or the Pennsylvania State Police where no local

12

municipal police department exists with a written statement

13

releasing that agency from the duty to comply with this

14

section as it pertains to that victim.

15

(b)  Where an individual is not determined to be a sexually

16

violent predator.--Where an individual is not determined to be a

17

sexually violent predator by a court under section 9795.4, the

18

victim shall be notified in accordance with section 201 of the

19

act of November 24, 1998 (P.L.882, No.111), known as the Crime

20

Victims Act.

21

§ 9798.  Other notification.

22

(a)  Notice by municipality's chief law enforcement

23

officer.--Notwithstanding any of the provisions of 18 Pa.C.S.

24

Ch. 91 (relating to criminal history record information), the

25

chief law enforcement officer of the full-time or part-time

26

police department of the municipality where a sexually violent

27

predator lives shall be responsible for providing written notice

28

as required under this section.

29

(1)  The notice shall contain:

30

(i)  The name of the convicted sexually violent

- 51 -

 


1

predator.

2

(ii)  The address or addresses at which he resides.

3

(iii)  The offense for which he was convicted,

4

sentenced by a court, adjudicated delinquent or

5

courtmartialed.

6

(iv)  A statement that he has been determined by

7

court order 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

if available.

12

(2)  The notice shall not include any information that

13

might reveal the victim's name, identity and residence.

14

(b)  To whom written notice is provided.--The chief law

15

enforcement officer shall provide written notice, under

16

subsection (a), to the following persons:

17

(1)  Neighbors of the sexually violent predator. As used

18

in this paragraph, where the sexually violent predator lives

19

in a common interest community, the term "neighbor" includes

20

the unit owners' association and residents of the common

21

interest community.

22

(2)  The director of the county children and youth

23

service agency of the county where the sexually violent

24

predator resides.

25

(3)  The superintendent of each school district and the

26

equivalent official for private and parochial schools

27

enrolling students up through grade 12 in the municipality

28

where the sexually violent predator resides.

29

(3.1)  The superintendent of each school district and the

30

equivalent official for each private and parochial school

- 52 -

 


1

located within a one-mile radius of where the sexually

2

violent predator resides.

3

(4)  The licensee of each certified day care center and

4

licensed preschool program and owner/operator of each

5

registered family day care home in the municipality where the

6

sexually violent predator resides.

7

(5)  The president of each college, university and

8

community college located within 1,000 feet of a sexually

9

violent predator's residence.

10

(c)  Urgency of notification.--The municipal police

11

department's chief law enforcement officer shall provide notice

12

within the following time frames:

13

(1)  To neighbors, notice shall be provided within five

14

days after information of the sexually violent predator's

15

release date and residence has been received by the chief law

16

enforcement officer. Notwithstanding the provisions of

17

subsections (a) and (b), verbal notification may be used if

18

written notification would delay meeting this time

19

requirement.

20

(2)  To the persons specified in subsection (b)(2), (3),

21

(4) and (5), notice shall be provided within seven days after

22

the chief law enforcement officer receives information

23

regarding the sexually violent predator's release date and

24

residence.

25

(d)  Public notice.--All information provided in accordance

26

with subsection (a) shall be available, upon request, to the

27

general public. The information may be provided by electronic

28

means.

29

(e)  Interstate transfers.--The duties of police departments

30

under this section shall also apply to individuals who are

- 53 -

 


1

transferred to this Commonwealth pursuant to the Interstate

2

Compact for the Supervision of Adult Offenders or the Interstate

3

Compact for Juveniles.

4

§ 9798.1.  Information made available on the Internet.

5

(a)  Legislative findings.--It is hereby declared to be the

6

finding of the General Assembly that public safety will be

7

enhanced by making information about sexually violent predators,

8

lifetime registrants and other sex offenders available to the

9

public through the Internet. Knowledge of whether a person is a

10

sexually violent predator, lifetime registrant or other sex

11

offender could be a significant factor in protecting oneself and

12

one's family members, or those in care of a group or community

13

organization, from recidivist acts by sexually violent

14

predators, lifetime registrants and other sex offenders. The

15

technology afforded by the Internet would make this information

16

readily accessible to parents and private entities, enabling

17

them to undertake appropriate remedial precautions to prevent or

18

avoid placing potential victims at risk. Public access to

19

information about sexually violent predators, lifetime

20

registrants and other sex offenders is intended solely as a

21

means of public protection and shall not be construed as

22

punitive.

23

(b)  Internet posting of sexually violent predators, lifetime

24

registrants and other offenders.--The Commissioner of the

25

Pennsylvania State Police shall, in the manner and form directed

26

by the Governor:

27

(1)  Develop and maintain a system for making the

28

information described in subsection (c) publicly available by

29

electronic means so that the public may, without limitation,

30

obtain access to the information via an Internet website to

- 54 -

 


1

view an individual record or the records of all sexually

2

violent predators, lifetime registrants and other offenders

3

who are registered with the Pennsylvania State Police.

4

(2)  Ensure that the Internet website contains warnings

5

that any person who uses the information contained therein to

6

threaten, intimidate or harass another or who otherwise

7

misuses that information may be criminally prosecuted.

8

(3)  Ensure that the Internet website contains an

9

explanation of its limitations, including statements advising

10

that a positive identification of a sexually violent

11

predator, lifetime registrant or other offender whose record

12

has been made available may be confirmed only by

13

fingerprints; that some information contained on the Internet

14

website may be outdated or inaccurate; and that the Internet

15

website is not a comprehensive listing of every person who

16

has ever committed a sex offense in Pennsylvania.

17

(4)  Strive to ensure that:

18

(i)  the information contained on the Internet

19

website is accurate;

20

(ii)  the data therein is revised and updated as

21

appropriate in a timely and efficient manner; and

22

(iii)  instructions are included on how to seek

23

correction of information which a person contends is

24

erroneous.

25

(5)  Provide on the Internet website general information

26

designed to inform and educate the public about sex offenders

27

and sexually violent predators and the operation of this

28

subchapter as well as pertinent and appropriate information

29

concerning crime prevention and personal safety, with

30

appropriate links to other relevant Internet websites

- 55 -

 


1

operated by the Commonwealth of Pennsylvania.

2

(6)  Identify when the victim is a minor with a special

3

designation. The identity of a victim of a sex offense shall

4

not be published or posted on the Internet website.

5

(c)  Information permitted to be disclosed regarding

6

individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to

7

criminal history record information), the Internet website shall

8

contain the following information on each individual:

9

(1)  For sexually violent predators, the following

10

information shall be posted on the Internet website:

11

(i)  name and all known aliases;

12

(ii)  year of birth;

13

(iii)  the street address, municipality, county and

14

zip code of all residences, including, where applicable,

15

the name of the prison or other place of confinement;

16

(iv)  the street address, municipality, county, zip

17

code and name of any institution or location at which the

18

person is enrolled as a student;

19

(v)  the municipality, county and zip code of any

20

employment location;

21

(vi)  a photograph of the offender, which shall be

22

updated not less than annually;

23

(vii)  a physical description of the offender,

24

including sex, height, weight, eye color, hair color and

25

race;

26

(viii)  any identifying marks, including scars,

27

birthmarks and tattoos;

28

(ix)  the license plate number and description of any

29

vehicle owned or registered to the offender;

30

(x)  whether the offender is currently compliant with

- 56 -

 


1

registration requirements;

2

(xi)  whether the victim is a minor;

3

(xii)  a description of the offense or offenses which

4

triggered the application of this subchapter; and

5

(xiii)  the date of the offense and conviction, if

6

available.

7

(2)  For all other lifetime registrants and offenders

8

subject to registration, the information set forth in

9

paragraph (1) shall be posted on the Internet website.

10

(d)  Duration of Internet posting.--

11

(1)  The information listed in subsection (c) about a

12

sexually violent predator shall be made available on the

13

Internet for the lifetime of the sexually violent predator.

14

(2)  The information listed in subsection (c) about an

15

offender who is subject to lifetime registration shall be

16

made available on the Internet for the lifetime of the

17

offender unless the offender is granted relief under section

18

9795.5 (relating to exemption from certain notifications).

19

(3)  The information listed in subsection (c) about any

20

other offender subject to registration shall be made

21

available on the Internet for the entire period during which

22

the offender is required to register, including any extension

23

of this period pursuant to 9795.2(a)(3) (relating to

24

registration procedures and applicability).

25

§ 9798.2.  Administration.

26

The Governor shall direct the Pennsylvania State Police, the

27

Pennsylvania Board of Probation and Parole, the State Sexual

28

Offenders Assessment Board, the Department of Corrections, the

29

Department of Transportation and any other agency of this

30

Commonwealth the Governor deems necessary to collaboratively

- 57 -

 


1

design, develop and implement an integrated and secure system of

2

communication, storage and retrieval of information to assure

3

the timely, accurate and efficient administration of this

4

subchapter.

5

§ 9798.3.  Global positioning system technology.

6

The Pennsylvania Board of Probation and Parole and county

7

probation authorities may impose supervision conditions that

8

include offender tracking through global positioning system

9

technology.

10

§ 9799.  Immunity for good faith conduct.

11

The following entities shall be immune from liability for

12

good faith conduct under this subchapter:

13

(1)  The Pennsylvania State Police and local law

14

enforcement agencies and employees of law enforcement

15

agencies.

16

(2)  District attorneys and their agents and employees.

17

(3)  Superintendents, administrators, teachers, employees

18

and volunteers engaged in the supervision of children of any

19

public, private or parochial school.

20

(4)  Directors and employees of county children and youth

21

agencies.

22

(5)  Presidents or similar officers of universities and

23

colleges, including community colleges.

24

(6)  The Pennsylvania Board of Probation and Parole and

25

its agents and employees.

26

(7)  County probation and parole offices and their agents

27

and employees.

28

(8)  Licensees of certified day care centers and

29

directors of licensed preschool programs and owners/operators

30

of registered family day care homes, and their agents and

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1

employees.

2

(9)  The Pennsylvania Department of Corrections and its

3

agents and employees.

4

(10)  County correctional facilities and their agents and

5

employees.

6

(11)  Members of the Sexual Offenders Assessment Board

7

and its agents and employees.

8

(12)  The unit owners' association of a common interest

9

community and its agents and employees as it relates to

10

distributing information regarding sexually violent predators

11

obtained pursuant to section 9798(b)(1) (relating to other

12

notification).

13

§ 9799.1.  Duties of Pennsylvania State Police.

14

The Pennsylvania State Police shall:

15

(1)  Create and maintain a State registry of offenders

16

and sexually violent predators.

17

(2)  In consultation with the Department of Corrections,

18

the Office of Attorney General, the Pennsylvania Board of

19

Probation and Parole and the chairman and the minority

20

chairman of the Judiciary Committee of the Senate and the

21

chairman and the minority chairman of the Judiciary Committee

22

of the House of Representatives, promulgate guidelines

23

necessary for the general administration of this subchapter.

24

These guidelines shall establish procedures to allow an

25

individual subject to the requirements of sections 9795.1

26

(relating to registration) and 9796 (relating to verification

27

of residence) to fulfill these requirements at approved

28

registration sites throughout this Commonwealth. The

29

Pennsylvania State Police shall publish a list of approved

30

registration sites in the Pennsylvania Bulletin and provide a

- 59 -

 


1

list of approved registration sites in any notices sent to

2

individuals required to register under section 9795.1. An

3

approved registration site shall be capable of submitting

4

fingerprints, photographs and any other information required

5

electronically to the Pennsylvania State Police. The

6

Pennsylvania State Police shall require that approved

7

registration sites submit fingerprints utilizing the

8

Integrated Automated Fingerprint Identification System or in

9

another manner and in such form as the Pennsylvania State

10

Police shall require. The Pennsylvania State Police shall

11

require that approved registration sites submit photographs

12

utilizing the Commonwealth Photo Imaging Network or in

13

another manner and in such form as the Pennsylvania State

14

Police shall require. Approved registration sites shall not

15

be limited to sites managed by the Pennsylvania State Police

16

and shall include sites managed by local law enforcement

17

agencies that meet the criteria for approved registration

18

sites set forth in this paragraph.

19

(3)  Write regulations regarding neighbor notification of

20

the current residence of sexually violent predators.

21

(4)  Notify, within five days of receiving the offender's

22

or the sexually violent predator's registration, the chief

23

law enforcement officers of the police departments having

24

primary jurisdiction of the municipalities in which an

25

offender or sexually violent predator resides, is employed or

26

enrolled as a student of the fact that the offender or

27

sexually violent predator has been registered with the

28

Pennsylvania State Police pursuant to sections 9795.2

29

(relating to registration procedures and applicability) and

30

9796 (relating to verification of residence).

- 60 -

 


1

(5)  In consultation with the Department of Education and

2

the Pennsylvania Board of Probation and Parole, promulgate

3

guidelines directing licensed day-care centers, licensed

4

preschool programs, schools, universities and colleges,

5

including community colleges, on the proper use and

6

administration of information received under section 9798

7

(relating to other notification).

8

(6)  Immediately transfer the information received from

9

the Pennsylvania Board of Probation and Parole under section

10

9799.2(2) and (3) (relating to duties of Pennsylvania Board

11

of Probation and Parole) and the fingerprints of a sexually

12

violent predator to the Federal Bureau of Investigation.

13

§ 9799.2.  Duties of Pennsylvania Board of Probation and Parole.

14

The Pennsylvania Board of Probation and Parole shall:

15

(1)  Create a notification form which will inform State

16

and county prison and probation and parole personnel how to

17

inform offenders and sexually violent predators required to

18

register under this subchapter of their duty under the law.

19

(2)  In cooperation with the Department of Corrections

20

and other Commonwealth agencies, obtain the following

21

information regarding offenders and sexually violent

22

predators:

23

(i)  Name, including any aliases.

24

(ii)  Identifying factors.

25

(iii)  Anticipated future residence.

26

(iv)  Offense history.

27

(v)  Documentation of any treatment received for the

28

mental abnormality or personality disorder.

29

(vi)  Photograph of the offender or sexually violent

30

predator.

- 61 -

 


1

(3)  Immediately transmit the information in paragraph

2

(2) to the Pennsylvania State Police for immediate entry into

3

the State registry of offenders and sexually violent

4

predators and the criminal history record of the individual

5

as provided in 18 Pa.C.S. Ch. 91 (relating to criminal

6

history record information).

7

(4)  Apply for Federal funding as provided in the Adam

8

Walsh Child Protection and Safety Act of 2006 (Public Law

9

109-248, 120 Stat. 587) to support and enhance programming

10

using satellite global positioning system technology.

11

§ 9799.3.  Board.

12

(a)  Composition.--The State Sexual Offenders Assessment

13

Board shall be composed of psychiatrists, psychologists and

14

criminal justice experts, each of whom is an expert in the field

15

of the behavior and treatment of sexual offenders.

16

(b)  Appointment.--The Governor shall appoint the board

17

members.

18

(c)  Term of office.--Members of the board shall serve four-

19

year terms.

20

(d)  Compensation.--The members of the board shall be

21

compensated at a rate of $350 per assessment and receive

22

reimbursement for their actual and necessary expenses while

23

performing the business of the board. The chairman shall receive

24

$500 additional compensation per annum.

25

(e)  Staff.--Support staff for the board shall be provided by

26

the Pennsylvania Board of Probation and Parole.

27

§ 9799.4.  Counseling of sexually violent predators.

28

For the period of registration required by section 9795.1(b)

29

(relating to registration), a sexually violent predator shall be

30

required to attend at least monthly counseling sessions in a

- 62 -

 


1

program approved by the board and be financially responsible for

2

all fees assessed from such counseling sessions. The board shall

3

monitor the compliance of the sexually violent predator. If the

4

sexually violent predator can prove to the satisfaction of the

5

court that the person cannot afford to pay for the counseling

6

sessions, that person shall still attend the counseling sessions

7

and the parole office shall pay the requisite fees.

8

§ 9799.7.  Exemption from notification for certain licensees and

9

their employees.

10

Nothing in this subchapter shall be construed as imposing a

11

duty upon a person licensed under the act of February 19, 1980

12

(P.L.15, No.9), known as the Real Estate Licensing and

13

Registration Act, or an employee thereof to disclose any

14

information regarding:

15

(1)  a sexually violent predator; or

16

(2)  an individual who is transferred to this

17

Commonwealth pursuant to the Interstate Compact for the

18

Supervision of Adult Offenders or the Interstate Compact for

19

Juveniles.

20

§ 9799.8.  Annual performance audit.

21

(a)  Duties of the Attorney General.--The Attorney General

22

shall:

23

(1)  Conduct a performance audit annually to determine

24

compliance with the requirements of this subchapter and any

25

guidelines promulgated pursuant thereto. The audit shall, at

26

a minimum, include a review of the practices, procedures and

27

records of the Pennsylvania State Police, the Pennsylvania

28

Board of Probation and Parole, the Department of Corrections,

29

the State Sexual Offenders Assessment Board, the

30

Administrative Office of the Pennsylvania Courts and any

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1

other State or local agency the Attorney General deems

2

necessary in order to conduct a thorough and accurate

3

performance audit.

4

(2)  Prepare an annual report of its findings and any

5

action it recommends be taken by the Pennsylvania State

6

Police, the Pennsylvania Board of Probation and Parole, the

7

Department of Corrections, the State Sexual Offenders

8

Assessment Board, the Administrative Office of the

9

Pennsylvania Courts, other State or local agencies and the

10

General Assembly to ensure compliance with this subchapter.

11

The first report shall be released to the general public not

12

less than 18 months following the effective date of this

13

section.

14

(3)  Provide a copy of its report to the Pennsylvania

15

State Police, the Pennsylvania Board of Probation and Parole,

16

the Department of Corrections, the State Sexual Offenders

17

Assessment Board, the Administrative Office of the

18

Pennsylvania Courts, State or local agencies referenced

19

therein, the chairman and the minority chairman of the

20

Judiciary Committee of the Senate and the chairman and the

21

minority chairman of the Judiciary Committee of the House of

22

Representatives no less than 30 days prior to its release to

23

the general public.

24

(b)  Cooperation required.--Notwithstanding any other

25

provision of law to the contrary, the Pennsylvania State Police,

26

the Pennsylvania Board of Probation and Parole, the Department

27

of Corrections, the State Sexual Offenders Assessment Board, the

28

Administrative Office of the Pennsylvania Courts, the

29

Pennsylvania Commission on Sentencing and any other State or

30

local agency requested to do so shall fully cooperate with the

- 64 -

 


1

Attorney General and assist the office in satisfying the

2

requirements of this section. For purposes of this subsection,

3

full cooperation shall include, at a minimum, complete access to

4

unredacted records, files, reports and data systems.

5

§ 9799.9.  Photographs and fingerprinting.

6

An individual subject to section 9795.1 (relating to

7

registration) shall submit to fingerprinting and photographing

8

as required by this subchapter at approved registration sites.

9

Fingerprinting as required by this subchapter shall, at a

10

minimum, require submission of a full set of fingerprints.

11

Photographing as required by this subchapter shall, at a

12

minimum, require submission to photographs of the face and any

13

scars, marks, tattoos or other unique features of the

14

individual. Fingerprints and photographs obtained under this

15

subchapter may be maintained for use under this subchapter and

16

for general law enforcement purposes.]

17

Section 8.  Title 42 is amended by adding sections to read:

18

§ 9799.10.  Purposes of subchapter.

19

This subchapter shall be interpreted and construed to

20

effectuate the following purposes:

21

(1)  To bring the Commonwealth into substantial

22

compliance with the Adam Walsh Child Protection and Safety

23

Act of 2006 (Public Law 109-248, 120 Stat. 597).

24

(2)  To require individuals convicted of certain sexual

25

offenses to register with the Pennsylvania State Police and

26

to otherwise comply with this subchapter if those individuals

27

reside within this Commonwealth, intend to reside within this

28

Commonwealth, attend an educational institution within this

29

Commonwealth or are employed or conduct volunteer work within

30

this Commonwealth.

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1

(3)  To require individuals convicted of certain sexual

2

offenses who fail to maintain a residence and are therefore

3

homeless but can still be found within the borders of this

4

Commonwealth to register with the Pennsylvania State Police.

5

(4)  To require individuals who are currently subject to

6

the criminal justice system of this Commonwealth as inmates,

7

supervised with respect to probation or parole or registrants

8

under this subchapter to register with the Pennsylvania State

9

Police and to otherwise comply with this subchapter. To the

10

extent practicable and consistent with the requirements of

11

the Adam Walsh Child Protection and Safety Act of 2006, this

12

subchapter shall be construed to maintain existing procedures

13

regarding registration of sexual offenders who are subject to

14

the criminal justice system of this Commonwealth.

15

(5)  To provide a mechanism for members of the general

16

public to obtain information about certain sexual offenders

17

from a public Internet website and to include on that

18

Internet website a feature which will allow a member of the

19

public to enter a zip code or a geographic radius and

20

determine whether a sexual offender resides within that zip

21

code or radius.

22

(6)  To provide a mechanism for law enforcement entities

23

within this Commonwealth to obtain information about certain

24

sexual offenders and to allow law enforcement entities

25

outside this Commonwealth, including those within the Federal

26

Government, to obtain current information about certain

27

sexual offenders.

28

§ 9799.11.  Legislative findings and declaration of policy.

29

(a)  Legislative findings.--The General Assembly finds as

30

follows:

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1

(1)  In 1995 the General Assembly enacted the act of

2

October 24, 1995 (1st Sp.Sess. P.L.1079, No.24), commonly

3

referred to as Megan's Law. Through this enactment, the

4

General Assembly intended to comply with legislation enacted

5

by Congress requiring that states provide for the

6

registration of sexual offenders. The Federal statute, the

7

Jacob Wetterling Crimes Against Children and Sexually Violent

8

Offender Registration Act (Public Law 103-322, 42 U.S.C.

9

14071 et seq.), has been superseded by the Adam Walsh Child

10

Protection and Safety Act of 2006 (Public Law 109-248, 120

11

Stat. 597).

12

(2)  This Commonwealth's laws regarding registration of

13

sexual offenders need to be strengthened. The Adam Walsh

14

Child Protection and Safety Act of 2006 provides a mechanism

15

for the Commonwealth to increase its regulation of sexual

16

offenders in a manner which is nonpunitive but offers an

17

increased measure of protection to the citizens of this

18

Commonwealth.

19

(3)  If the public is provided adequate notice and

20

information about sexual offenders, the community can develop

21

constructive plans to prepare for the presence of sexual

22

offenders in the community. This allows communities to meet

23

with law enforcement to prepare and obtain information about

24

the rights and responsibilities of the community and to

25

provide education and counseling to residents, particularly

26

children.

27

(4)  Sexual offenders pose a high risk of committing

28

additional sexual offenses, and protection of the public from

29

this type of offender is a paramount governmental interest.

30

(5)  Sexual offenders have a reduced expectation of

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1

privacy because of the public's interest in public safety and

2

in the effective operation of government.

3

(6)  Release of information about sexual offenders to

4

public agencies and the general public will further the

5

governmental interests of public safety and public scrutiny

6

of the criminal and mental health systems so long as the

7

information released is rationally related to the furtherance

8

of those goals.

9

(7)  Knowledge of whether a person is a sexual offender

10

could be a significant factor in protecting oneself and one's

11

family members, or those in care of a group or community

12

organization, from recidivist acts by such offenders.

13

(8)  The technology afforded by the Internet and other

14

modern electronic communication methods makes this

15

information readily accessible to parents, minors and private

16

entities, enabling them to undertake appropriate remedial

17

precautions to prevent or avoid placing potential victims at

18

risk.

19

(b)  Declaration of policy.--The General Assembly declares as

20

follows:

21

(1)  It is the intention of the General Assembly to

22

substantially comply with the Adam Walsh Child Protection and

23

Safety Act of 2006 and to further protect the safety and

24

general welfare of the citizens of this Commonwealth by

25

providing for increased regulation of sexual offenders,

26

specifically as that regulation relates to registration of

27

sexual offenders and community notification about sexual

28

offenders.

29

(2)  It is the policy of the Commonwealth to require the

30

exchange of relevant information about sexual offenders among

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1

public agencies and officials and to authorize the release of

2

necessary and relevant information about sexual offenders to

3

members of the general public as a means of assuring public

4

protection and shall not be construed as punitive.

5

§ 9799.12.  Definitions.

6

The following words and phrases when used in this subchapter

7

shall have the meanings given to them in this section unless the

8

context clearly indicates otherwise:

9

"Approved registration site."  A site in this Commonwealth

10

approved by the Pennsylvania State Police:

11

(1)  at which individuals subject to this subchapter may

12

register, update and verify information or be fingerprinted

13

and photographed as required by this subchapter;

14

(2)  which is capable of submitting fingerprints

15

utilizing the Integrated Automated Fingerprint Identification

16

System or in another manner and in the form as the

17

Pennsylvania State Police shall require; and

18

(3)  which is capable of submitting photographs in the

19

form as the Pennsylvania State Police shall require.

20

"Board."  The State Sexual Offenders Assessment Board.

21

"Common interest community."  Includes a cooperative, a

22

condominium and a planned community where an individual by

23

virtue of an ownership interest in any portion of real estate is

24

or may become obligated by covenant, easement or agreement

25

imposed upon the owner's interest to pay any amount for real

26

property taxes, insurance, maintenance, repair, improvement,

27

management, administration or regulation of any part of the real

28

estate other than the portion or interest owned solely by the

29

individual.

30

"Convicted."  Includes conviction by entry of plea of guilty

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1

or nolo contendere, conviction after trial and a finding of not

2

guilty due to insanity or of guilty but mentally ill.

3

"Employed."  Includes a vocation or employment that is full

4

time or part time for a period of time exceeding four days

5

during a seven-day period or for an aggregate period of time

6

exceeding 14 days during any calendar year, whether self-

7

employed, volunteered, financially compensated, pursuant to a

8

contract or for the purpose of governmental or educational

9

benefit.

10

"Foreign country."  Includes Canada, the United Kingdom,

11

Australia, New Zealand and a foreign country where the United

12

States Department of State in the Country Reports on Human

13

Rights Practices has concluded that an independent judiciary

14

enforced the right to a fair trial in that country during the

15

calendar year in which the individual's conviction occurred.

16

"IAFIS."  The Integrated Automated Fingerprint Identification

17

System.

18

"Integrated Automated Fingerprint Identification System."

19

The national fingerprint and criminal history system maintained

20

by the Federal Bureau of Investigation providing automated

21

fingerprint search capabilities, latent searching capability,

22

electronic image storage and electronic exchange of fingerprints

23

and responses.

24

"Jurisdiction."  A state, the District of Columbia, the

25

Commonwealth of Puerto Rico, Guam, American Samoa, the Northern

26

Mariana Islands, the United States Virgin Islands and a

27

federally recognized Indian tribe as provided in section 127 of

28

the Adam Walsh Child Protection and Safety Act of 2006 (Public

29

Law 109-248, 42 U.S.C. § 16927).

30

"Juvenile offender."  One of the following:

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1

(1)  An individual who was 14 years of age or older at

2

the time the individual committed an offense which, if

3

committed by an adult, would be classified as an offense

4

under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to

5

involuntary deviate sexual intercourse) or 3125 (relating to

6

aggravated indecent assault) or an attempt, solicitation or

7

conspiracy to commit an offense under 18 Pa.C.S § 3121, 3123

8

or 3125 and either:

9

(i)  is adjudicated delinquent for such offense on or

10

after the effective date of this section; or

11

(ii)  has been adjudicated delinquent for such

12

offense and, on the effective date of this section, is

13

subject to the jurisdiction of the court, including

14

commitment to an institution or facility set forth in

15

section 6352(a)(3) (relating to a disposition of

16

delinquent child).

17

(2)  An individual who was 14 years of age or older at

18

the time the individual committed an offense similar to an

19

offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt,

20

solicitation or conspiracy to commit an offense similar to an

21

offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws

22

of the United States, another jurisdiction or a foreign

23

country and was adjudicated delinquent for such an offense.

24

The term does not include a sexually violent delinquent child.

25

"Mental abnormality."  A congenital or acquired condition of

26

a person that affects the emotional or volitional capacity of

27

the person in a manner that predisposes that person to the

28

commission of criminal sexual acts to a degree that makes the

29

person a menace to the health and safety of other persons.

30

"Military offense."  An offense specified by the United

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1

States Secretary of Defense under 10 U.S.C. § 951 (relating to

2

establishment; organization; administration).

3

"Minor."  Any individual under 18 years of age.

4

"Municipality."  A city, borough, incorporated town or

5

township.

6

"NCIC."  The National Crime Information Center.

7

"Penetration."  Includes any penetration, however slight, of

8

the genitals or anus or mouth of another person with a part of

9

the person's body or a foreign object for any purpose other than

10

good faith medical, hygienic or law enforcement procedures.

11

"Predatory."  An act directed at a stranger or at a person

12

with whom a relationship has been initiated, established,

13

maintained or promoted, in whole or in part, in order to

14

facilitate or support victimization.

15

"Registry."  The Statewide Registry of Sexual Offenders

16

established in section 9799.16(a) (relating to registry).

17

"Residence."  A location where an individual resides or is

18

domiciled or intends to be domiciled for 30 consecutive days or

19

more during a calendar year. The term includes a residence which

20

is mobile, including a houseboat, mobile home, trailer or

21

recreational vehicle.

22

"Sexual offender."  An individual required to register under

23

this subchapter.

24

"Sexually violent delinquent child."  As defined in section

25

6402 (relating to definitions).

26

"Sexually violent offense."  An offense specified in section

27

9799.14 (relating to sexual offenses and tier system) as a Tier

28

I, Tier II or Tier III sexual offense.

29

"Sexually violent predator."  An individual convicted of an

30

offense specified in:

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1

(1)  section 9799.14(b)(1), (2), (3), (4), (5), (6), (7),

2

(8), (9) or (10) (relating to sexual offenses and tier

3

system) or an attempt, conspiracy or solicitation to commit

4

any offense under section 9799.14(b)(1), (2), (3), (4), (5),

5

(6), (7), (8), (9) or (10);

6

(2)  section 9799.14(c)(1), (2), (3), (4), (5) or (6) or

7

an attempt, conspiracy or solicitation to commit an offense

8

under section 9799.14(c)(1), (2), (3), (4), (5) or (6); or

9

(3)  section 9799.14(d)(1), (2), (3), (4), (5), (6), (7)

10

or (8) or an attempt, conspiracy or solicitation to commit an

11

offense under section 9799.14(d)(1), (2), (3), (4), (5), (6),

12

(7) or (8)

13

who is determined to be a sexually violent predator under

14

section 9799.24 (relating to assessments) due to a mental

15

abnormality or personality disorder that makes the individual

16

likely to engage in predatory sexually violent offenses. The

17

term includes an individual determined to be a sexually violent

18

predator where the determination occurred in another

19

jurisdiction, a foreign country or by court martial.

20

"Student."  An individual who is enrolled in or attends a

21

public or private educational institution within this

22

Commonwealth on a full-time or part-time basis, including a

23

secondary school, trade or professional institution or

24

institution of higher education. The term does not include an

25

individual enrolled in an educational institution exclusively

26

through the Internet or via correspondence courses.

27

"Temporary lodging."  The specific location, including street

28

address, where a sexual offender is staying when away from the

29

sexual offender's residence for seven or more days.

30

"Tier I sexual offense."  An offense specified in section

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1

9799.14(b) (relating to sexual offenses and tier system).

2

"Tier II sexual offense."  An offense specified in section

3

9799.14(c) (relating to sexual offenses and tier system).

4

"Tier III sexual offense."  An offense specified in section

5

9799.14(d) (relating to sexual offenses and tier system).

6

"Transient."  An individual required to register under this

7

subchapter who does not have a residence but nevertheless

8

resides in this Commonwealth in a temporary habitat or other

9

temporary place of abode or dwelling, including a homeless

10

shelter or park.

11

§ 9799.13.  Applicability.

12

The following individuals shall register with the

13

Pennsylvania State Police as provided in sections 9799.15

14

(relating to period of registration), 9799.19 (relating to

15

initial registration) and 9799.25 (relating to verification by

16

sexual offenders and Pennsylvania State Police) and otherwise

17

comply with the provisions of this subchapter:

18

(1)  An individual who, on or after the effective date of

19

this section, has been convicted of a sexually violent

20

offense and who has a residence within this Commonwealth or

21

is a transient.

22

(2)  An individual who, on or after the effective date of

23

this section, is an inmate in a State or county correctional

24

institution of this Commonwealth, including a community

25

corrections center or a community contract facility, is being

26

supervised by the Pennsylvania Board of Probation and Parole

27

or county probation or parole or is subject to a sentence of

28

intermediate punishment and has committed a sexually violent

29

offense.

30

(3)  An individual who is required to register with the

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1

Pennsylvania State Police under this subchapter prior to the

2

effective date of this section who has not fulfilled the

3

period of registration as of the effective date of this

4

section.

5

(4)  An individual who was required to register with the

6

Pennsylvania State Police pursuant to former section 9795.1

7

and:

8

(i)  has fulfilled the period of registration

9

provided in former section 9795.1(a) (relating to

10

registration) or has been removed from the registry under

11

former section 9795.5 (relating to exemption from certain

12

notifications); and

13

(ii)  on or after the effective date of this section,

14

is convicted of a sexually violent offense or convicted

15

of an offense graded as a felony.

16

(5)  An individual who, on or after the effective date of

17

this section, was required to register with the Pennsylvania

18

State Police pursuant to this subchapter and:

19

(i)  has fulfilled the period of registration

20

provided in this subchapter; and

21

(ii)  on or after the effective date of this section,

22

is convicted of a sexually violent offense or convicted

23

of another offense graded as a felony.

24

(6)  An individual who, on or after the effective date of

25

this section, was required to register with the Pennsylvania

26

State Police pursuant to this subchapter and:

27

(i)  has fulfilled the period of registration

28

provided in this subchapter or has been removed from the

29

registry pursuant to section 9799.17 (relating to

30

reduction of period of registration); and

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1

(ii)  is subsequently convicted of a sexually violent

2

offense or subsequently convicted of another offense

3

graded as a misdemeanor of the second degree or higher or

4

an offense punishable by more than one year imprisonment.

5

(7)  An individual who, on or after the effective date of

6

this section, is required to register in a sexual offender

7

registry in another jurisdiction or in a foreign country

8

based upon a conviction for a sexually violent offense and:

9

(i)  has a residence in this Commonwealth or is a

10

transient;

11

(ii)  is employed within this Commonwealth; or

12

(iii)  is a student within this Commonwealth.

13

(8)  An individual who, on or after the effective date of

14

this section, is a juvenile offender who was adjudicated

15

delinquent within this Commonwealth or was adjudicated

16

delinquent in another jurisdiction or a foreign country and:

17

(i)  has a residence within this Commonwealth;

18

(ii)  is employed within this Commonwealth; or

19

(iii)  is a student within this Commonwealth.

20

(9)  An individual who, on or after the effective date of

21

this section, is a sexually violent delinquent child who is

22

committed for involuntary treatment or, on the effective date

23

of this section, is under commitment receiving involuntary

24

treatment in the State-owned facility or unit as set forth in

25

Chapter 64 (relating to court-ordered involuntary treatment

26

of certain sexually violent persons).

27

§ 9799.14.  Sexual offenses and tier system.

28

(a)  Tier system established.--Sexual offenses shall be

29

classified in a three-tiered system composed of Tier I sexual

30

offenses, Tier II sexual offenses and Tier III sexual offenses.

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1

(b)  Tier I sexual offenses.--The following offenses shall be

2

classified as Tier I sexual offenses:

3

(1)  18 Pa.C.S. § 2902 (relating to unlawful restraint)

4

if the victim is a minor and the sexual offender is not the

5

victim's parent or guardian.

6

(2)  18 Pa.C.S. § 2903 (relating to false imprisonment)

7

if the victim is a minor and the sexual offender is not the

8

victim's parent or guardian.

9

(3)  18 Pa.C.S. § 2904 (relating to interference with

10

custody of children) if the victim is a minor and the sexual

11

offender is not the victim's parent or guardian.

12

(4)  18 Pa.C.S. § 2910 (relating to luring a child into a

13

motor vehicle or structure).

14

(5)  18 Pa.C.S. § 3124.2 (relating to institutional

15

sexual assault) if the victim is an adult.

16

(6)  18 Pa.C.S. § 3126 (relating to indecent assault) if

17

the offense is graded as a misdemeanor of the first degree or

18

higher.

19

(7)  18 Pa.C.S. § 3127 (relating to indecent exposure) if

20

the offense is graded as a misdemeanor of the first degree.

21

(8)  18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption

22

of minors).

23

(9)  18 Pa.C.S. § 6312(d) (relating to sexual abuse of

24

children).

25

(10)  18 Pa.C.S. § 7507.1. (relating to invasion of

26

privacy).

27

(11)  18 U.S.C. § 1801 (relating to video voyeurism).

28

(12)  18 U.S.C. § 2252 (relating to certain activities

29

relating to material involving the sexual exploitation of

30

minors).

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1

(13)  18 U.S.C. § 2252A (relating to certain activities

2

relating to material constituting or containing child

3

pornography).

4

(14)  18 U.S.C. § 2252B (relating to misleading domain

5

names on the Internet).

6

(15)  18 U.S.C. § 2252C (relating to misleading words or

7

digital images on the Internet).

8

(16)  18 U.S.C. § 2422(a) (relating to coercion and

9

enticement).

10

(17)  18 U.S.C. § 2423(b) (relating to transportation of

11

minors).

12

(18)  18 U.S.C. § 2423(c).

13

(19)  18 U.S.C. § 2424 (relating to filing factual

14

statement about alien individual).

15

(20)  18 U.S.C. § 2425 (relating to use of interstate

16

facilities to transmit information about a minor).

17

(21)  A comparable military offense or similar offense

18

under the laws of another jurisdiction or foreign country.

19

(22)  An attempt, conspiracy or solicitation to commit an

20

offense listed in paragraph (1), (2), (3), (4), (5), (6),

21

(7), (8), (9), (10), (11), (12), (13), (14), (15), (16),

22

(17), (18), (19), (20) or (21).

23

(c)  Tier II sexual offenses.--The following offenses shall

24

be classified as Tier II sexual offenses:

25

(1)  18 Pa.C.S. § 3126 if the offense is graded as a

26

misdemeanor or higher or the punishment is one year or more

27

or if the sexual offender was previously convicted of 18

28

Pa.C.S. § 3126.

29

(2)  18 Pa.C.S. § 5902(b) (relating to prostitution and

30

related offenses) if the sexual offender promotes the

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1

prostitution of a minor.

2

(3)  18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating

3

to obscene and other sexual materials and performances) if

4

the victim is a minor.

5

(4)  18 Pa.C.S. § 6312(b) and (c) (relating to sexual

6

abuse of children).

7

(5)  18 Pa.C.S. § 6318 (relating to unlawful contact with

8

minor).

9

(6)  18 Pa.C.S. § 6320 (relating to sexual exploitation

10

of children).

11

(7)  18 U.S.C. § 1591 (relating to sex trafficking of

12

children by force, fraud, or coercion).

13

(8)  18 U.S.C. § 2243 (relating to sexual abuse of a

14

minor or ward).

15

(9)  18 U.S.C. § 2244 (relating to abusive sexual

16

contact).

17

(10)  18 U.S.C. § 2251 (relating to sexual exploitation

18

of children).

19

(11)  18 U.S.C. § 2251A (relating to selling or buying of

20

children).

21

(12)  18 U.S.C. § 2252.

22

(13)  18 U.S.C. § 2260 (relating to production of

23

sexually explicit depictions of a minor for importation into

24

the United States).

25

(14)  18 U.S.C. § 2421 (relating to transportation

26

generally).

27

(15)  18 U.S.C. § 2422(b).

28

(16)  18 U.S.C. § 2423(a).

29

(17)  A comparable military offense or similar offense

30

under the laws of another jurisdiction or foreign country.

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1

(18)  An attempt, conspiracy or solicitation to commit an

2

offense listed in paragraph (1), (2), (3), (4), (5), (6),

3

(7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or

4

(17).

5

(19)  An offense specified as a Tier I sexual offense

6

where there is a subsequent conviction for a sexual offense

7

punishable by more than one year's imprisonment.

8

(d)  Tier III sexual offenses.--The following offenses shall

9

be classified as Tier III sexual offenses:

10

(1)  18 Pa.C.S. § 2901 (relating to kidnapping) if the

11

victim is a minor and the sexual offender is not the victim's

12

parent or guardian.

13

(2)  18 Pa.C.S. § 3121 (relating to rape).

14

(3)  18 Pa.C.S. § 3122.1 (relating to statutory sexual

15

assault).

16

(4)  18 Pa.C.S. § 3123 (relating to involuntary deviate

17

sexual intercourse).

18

(5)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

19

(6)  18 Pa.C.S. § 3124.2 if the victim is a minor.

20

(7)  18 Pa.C.S. § 3125 (relating to aggravated indecent

21

assault).

22

(8)  18 Pa.C.S. § 3126 (relating to indecent assault) if

23

the offense is graded as a misdemeanor of the first degree or

24

higher, the victim is less than 13 years of age and the

25

punishment is more than one year.

26

(9)  18 Pa.C.S. § 4302 (relating to incest) if the victim

27

is under 13 years of age or the victim is between 13 years of

28

age and 18 years of age and the sexual offender is at least

29

four years older than the victim.

30

(10)  18 U.S.C. § 2241 (relating to aggravated sexual

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1

abuse).

2

(11)  18 U.S.C. § 2242 (relating to sexual abuse).

3

(12)  18 U.S.C. § 2244.

4

(13)  A comparable military offense or similar offense

5

under the laws of another jurisdiction or country.

6

(14)  An attempt, conspiracy or solicitation to commit an

7

offense listed in paragraph (1), (2), (3), (4), (5), (6),

8

(7), (8), (9), (10), (11), (12) or (13).

9

(15)  An offense listed as a Tier II sexual offense where

10

there is a subsequent conviction for a sexual offense

11

punishable by more than one year's imprisonment.

12

§ 9799.15.  Period of registration.

13

(a)  Period of registration.--Subject to subsection (c), an

14

individual specified in section 9799.13 (relating to

15

applicability) shall register with the Pennsylvania State Police

16

as follows:

17

(1)  An individual convicted of a Tier I sexual offense

18

shall register for a period of 15 years.

19

(2)  An individual convicted of a Tier II sexual offense

20

shall register for a period of 25 years.

21

(3)  An individual convicted of a Tier III sexual offense

22

shall register for the life of the individual.

23

(4)  A juvenile offender shall register for the life of

24

the individual.

25

(5)  A sexually violent delinquent child shall register

26

for the life of the individual.

27

(6)  A sexually violent predator shall register for the

28

life of the individual.

29

(b)  Commencement of registration and initial registration.--

30

The following apply:

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1

(1)  The period of registration set forth in subsection

2

(a) shall commence as follows:

3

(i)  For an individual convicted of a sexually

4

violent offense in this Commonwealth, the period of

5

registration shall commence upon:

6

(A)  release from incarceration in a State or

7

county correctional facility, including release to a

8

community correction center or community contract

9

facility;

10

(B)  parole or a sentence of probation; or

11

(C)  a sentence of State or county intermediate

12

punishment in which the person is not sentenced to a

13

period of incarceration.

14

(ii)  For an individual who is a juvenile offender,

15

the period of registration shall commence upon release

16

from an institution or facility set forth in section

17

6352(a)(3) (relating to disposition of delinquent child).

18

(iii)  For a sexually violent delinquent child, the

19

period of registration shall commence upon the earlier

20

of:

21

(A)  transfer to involuntary oupatient treatment

22

pursuant to section 6401.1 (relating to transfer to

23

involuntary outpatient treatment); or

24

(B)  discharge from commitment to the separate,

25

State-owned facility or unit established under

26

section 6406 (relating to duty of Department of

27

Public Welfare).

28

(iv)  For an individual who is convicted of a

29

sexually violent offense in another jurisdiction or

30

foreign country or a comparable military offense, the

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1

period of registration shall commence upon establishment

2

of a residence or commencement of employment or

3

enrollment as a student within this Commonwealth.

4

(2)  An individual specified in section 9799.13 shall

5

initially register with the Pennsylvania State Police as set

6

forth in section 9799.19 (relating to initial registration).

7

(c)  Period of registration tolled.--The following shall

8

apply:

9

(1)  the period of registration set forth in subsection

10

(a) shall be tolled for the period of time in which the

11

individual specified in section 9799.13 is:

12

(i)  incarcerated in a State or county correctional

13

institution, excluding a community contract facility or

14

community corrections center;

15

(ii)  subject to a sentence of intermediate

16

punishment which is restrictive and where the individual

17

is sentenced to a period of incarceration;

18

(iii)  committed to an institution or facility set

19

forth in section 6352(a)(3); or

20

(iv)  committed to and receiving involuntary

21

inpatient treatment in the State-owned facility or unit

22

set forth in Chapter 64 (relating to court-ordered

23

involuntary treatment of certain sexually violent

24

persons).

25

(2)  This subsection shall apply to an individual

26

specified in section 9799.13 who is recommitted to a State or

27

county correctional institution for a parole violation or who

28

has been sentenced to an additional term of imprisonment. In

29

the case of recommitment, the Department of Corrections or

30

the county correctional facility shall notify the

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1

Pennsylvania State Police of the admission of the individual.

2

(d)  Sexually violent predators.--An individual convicted of

3

a Tier I sexual offense, a Tier II sexual offense or a Tier III

4

sexual offense who is determined to be a sexually violent

5

predator under section 9799.24 (relating to assessments) shall

6

register for the life of the individual.

7

(e)  Periodic in-person appearance required.--Except as

8

provided in subsection (f) and subject to subsections (g) and

9

(h), an individual specified in section 9799.13 shall appear in

10

person at an approved registration site to provide or verify the

11

information set forth in section 9799.16(b) (relating to

12

registry) and to be photographed as follows:

13

(1)  An individual convicted of a Tier I sexual offense

14

shall appear annually.

15

(2)  An individual convicted of a Tier II sexual offense

16

shall appear semiannually.

17

(3)  An individual convicted of a Tier III sexual offense

18

shall appear quarterly.

19

(f)  Sexually violent predators.--An individual convicted of

20

a Tier I sexual offense, a Tier II sexual offense or a Tier III

21

sexual offense who is determined to be a sexually violent

22

predator under section 9799.24 shall appear in person at an

23

approved registration site to provide or verify the information

24

set forth in section 9799.16(b) and to be photographed every 90

25

days.

26

(g)  In-person appearance to update information.--In addition

27

to the periodic in-person appearance required in subsection (e),

28

an individual specified in section 9799.13 shall appear in

29

person at an approved registration site within three business

30

days to provide current information relating to:

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1

(1)  A change in name.

2

(2)  A commencement of residence, change in residence,

3

termination of residence or failure to maintain a residence,

4

thus making the individual a transient.

5

(3)  Commencement of employment, a change in the location

6

or entity in which the individual is employed or a

7

termination of employment.

8

(4)  Initial enrollment as a student, a change in

9

enrollment as a student or termination as a student.

10

(5)  A change in telephone number, including a cell phone

11

number, or a termination of telephone number, including a

12

cell phone number.

13

(6)  A change in or termination of a motor vehicle owned

14

or operated, including watercraft or aircraft. In order to

15

fulfill the requirements of this paragraph, the individual

16

must provide any license plate numbers and registration

17

numbers or other identifiers.

18

(7)  A commencement of temporary lodging, a change in

19

temporary lodging or a termination of temporary lodging. In

20

order to fulfill the requirements of this paragraph, the

21

individual must provide the specific length of time and the

22

dates during which the individual will be temporarily lodged.

23

(8)  A change in or termination of e-mail address,

24

instant message address or any other designations used in

25

Internet communications or postings.

26

(h)  Transients, juvenile offenders and sexually violent

27

delinquent children.--If the individual specified in section

28

9799.13 is a transient, a juvenile offender or a sexually

29

violent delinquent child, the following apply:

30

(1)  If the individual is a transient, the individual

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1

shall appear in person at an approved registration site to

2

provide or to verify the information set forth in section

3

9799.16(b) and to be photographed every 30 days. The duty to

4

appear in person every 30 days and to be photographed shall

5

apply until a transient establishes a residence. In the event

6

a transient establishes a residence, the requirement of

7

periodic in-person appearances set forth in subsection (c)

8

shall apply.

9

(2)  If the individual is a juvenile offender, the

10

individual shall appear at an approved registration site to

11

provide or verify the information set forth in section

12

9799.16(b) and to be photographed every 90 days.

13

(3)  If the individual is a sexually violent delinquent

14

child, the individual shall appear at an approved

15

registration site to provide or verify the information set

16

forth in section 9799.16(b) and to be photographed every 90

17

days.

18

(i)  International travel.--In addition to the periodic in-

19

person appearance required in subsection (c), an individual

20

specified in section 9799.13 shall appear in person at an

21

approved registration site no less than 21 days in advance of

22

traveling outside of the United States. The individual shall

23

provide the following information:

24

(1)  Dates of travel, including date of return to the

25

United States.

26

(2)  Destinations.

27

(3)  Temporary lodging.

28

§ 9799.16.  Registry.

29

(a)  Establishment.--There is established a Statewide

30

registry of sexual offenders in order to carry out the

- 86 -

 


1

provisions of this subchapter. The Pennsylvania State Police

2

shall create and maintain the registry. The registry shall

3

maintain a complete and systematic index of all records required

4

regarding sexual offenders in order to comply with the Adam

5

Walsh Child Protection and Safety Act of 2006 (Public Law

6

109-248, 120 Stat. 597). The registry shall:

7

(1)  Be composed of an electronic database and digitized

8

records.

9

(2)  Be able to communicate with the Sex Offender

10

Registration and Notification Act Exchange Portal developed

11

by the United States Department of Justice, the National Sex

12

Offender Registry or any successor database which is

13

maintained by the Department of Justice and the Dru Sjodin

14

National Sex Offender Public Website maintained by the

15

Department of Justice.

16

(3)  Be able to communicate with sexual offender

17

registries established in other jurisdictions.

18

(b)  Information provided by sexual offender.--An individual

19

specified in section 9799.13 (relating to applicability) shall

20

provide the following information which shall be included in the

21

registry:

22

(1)  Primary or given name, including an alias used by

23

the individual, nickname, pseudonym, ethnic or tribal name,

24

regardless of the context used and any designations or

25

monikers used for self-identification in Internet

26

communications or postings.

27

(2)  Designation used by the individual for purposes of

28

routing or self-identification in Internet communications or

29

postings.

30

(3)  Telephone number, including cell phone number, and

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1

any other designation used by the individual for purposes of

2

routing or self-identification in telephonic communications.

3

(4)  Valid Social Security number issued to the

4

individual by the Federal Government and purported Social

5

Security number.

6

(5)  Address of each residence or intended residence. If

7

the individual enters this Commonwealth and fails to maintain

8

a residence and is therefore a transient, the individual

9

shall provide information for the registry as set forth in

10

paragraph (6).

11

(6)  If the individual is a transient, the individual

12

shall provide information about the transient's temporary

13

habitat or other temporary place of abode or dwelling,

14

including a homeless shelter or park. In addition, the

15

transient shall provide a list of places the transient eats,

16

frequents and engages in leisure activities and any planned

17

destinations, including those outside this Commonwealth. If

18

the transient changes or adds to the places listed under this

19

paragraph during a 30-day period, the transient shall list

20

these when registering as a transient during the next 30-day

21

period. In addition, the transient shall provide the place

22

the transient receives mail, including a post office box. If

23

the transient has been designated as a sexually violent

24

predator, the transient shall state whether he is in

25

compliance with section 9799.36 (relating to counseling of

26

sexually violent predators). The duty to provide the

27

information set forth in this paragraph shall apply until the

28

transient establishes a residence. In the event a transient

29

establishes a residence, the requirements of section

30

9799.15(e) (relating to period of registration) shall apply.

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1

(7)  Temporary lodging. In order to fulfill the

2

requirements of this paragraph, the individual must provide

3

the specific length of time and the dates during which the

4

individual will be temporarily lodged.

5

(8)  A passport and documents establishing immigration

6

status, which shall be copied in a digitized format for

7

inclusion in the registry.

8

(9)  Name and address where the individual is employed or

9

will be employed. In order to fulfill the requirements of

10

this paragraph, if the individual is not employed in a fixed

11

workplace, the individual shall provide information regarding

12

general travel routes and general areas where the individual

13

works.

14

(10)  Information relating to occupational and

15

professional licensing, including type of license held and

16

the license number.

17

(11)  Name and address where the individual is a student

18

or will be a student.

19

(12)  Information relating to motor vehicles owned or

20

operated by the individual, including watercraft and

21

aircraft. In order to fulfill the requirements of this

22

paragraph, the individual shall provide a description of each

23

motor vehicle, watercraft or aircraft. The individual shall

24

provide a license plate number, registration number or other

25

identification number and the address of the place where a

26

vehicle is stored. In addition, the individual shall provide

27

the individual's license to operate a motor vehicle or other

28

identification card issued by the Commonwealth, another

29

jurisdiction or a foreign country so that the Pennsylvania

30

State Police can fulfill its responsibilities under

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1

subsection (c)(7).

2

(13)  Actual date of birth and purported date of birth.

3

(14)  Form signed by the individual acknowledging the

4

individual's obligations under this subchapter provided in

5

accordance with section 9799.23 (relating to court

6

notification and classification requirements).

7

(c)  Criminal justice information.--The Pennsylvania State

8

Police shall ensure that the following information is included

9

in the registry:

10

(1)  Physical description of the individual, including a

11

general physical description and tattoos, scars and other

12

identifying marks.

13

(2)  Text of the statute defining the criminal offense

14

for which the individual is registered.

15

(3)  Criminal history record information of the

16

individual, including:

17

(i)  Dates of arrests and convictions.

18

(ii)  Status of probation, parole or supervised

19

release.

20

(iii)  Whether the individual is in compliance with

21

requirements regarding this subchapter or has absconded.

22

(iv)  Existence of any outstanding warrants.

23

(4)  Current photograph of the individual. In order to

24

fulfill the requirements of this paragraph, in addition to

25

the taking of photographs pursuant to section 9799.15(e), the

26

Pennsylvania State Police shall ensure that additional

27

photographs are taken as needed when there is a significant

28

change in appearance of the individual, including the taking

29

of a current photograph before the individual is released

30

from a State or county correctional institution or an

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1

institution or facility set forth in section 6352(a)(3)

2

(relating to disposition of delinquent child) or discharged

3

from the State-owned facility or unit set forth in Chapter 64

4

(relating to court-ordered involuntary treatment of certain

5

sexually violent persons), due to:

6

(i)  the expiration of sentence, period of commitment

7

or involuntary treatment;

8

(ii)  parole or other supervised release, including

9

release to a community corrections center or a community

10

contract facility;

11

(iii)  commencement of a sentence of intermediate

12

punishment; or

13

(iv)  any other form of supervised release.

14

(5)  Set of fingerprints and palm prints of the

15

individual. In order to fulfill the requirements of this

16

paragraph, the palm prints shall be taken for the purpose of

17

submission to the Federal Bureau of Investigation Central

18

Database. The palm prints shall be submitted for entry into

19

the database.

20

(6)  DNA sample of the individual. In order to fulfill

21

the requirements of this paragraph, the sample shall be taken

22

for the purpose of analysis and entry into the Combined DNA

23

Index System (CODIS). In addition, the sample shall be

24

analyzed and submitted for entry into CODIS.

25

(7)  Photocopy of valid driver's license or

26

identification card issued to the individual by the

27

Commonwealth, another jurisdiction or a foreign country.

28

(d)  Cooperation.--The Pennsylvania State Police shall

29

cooperate with State and county correctional institutions, the

30

Pennsylvania Board of Probation and Parole, the county office of

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1

probation and parole, any court with jurisdiction over a sexual

2

offender, the chief juvenile probation officer of the court,

3

juvenile probation and parole and the Department of Public

4

Welfare to ensure that the information set forth in subsections

5

(b) and (c) is provided and placed in the registry.

6

§ 9799.17.  Reduction of period of registration.

7

(a)  General rule.--The period of registration set forth in

8

section 9799.15(a)(1) (relating to period of registration) shall

9

be reduced for an individual who was convicted of a sexually

10

violent offense and is required to register for a period of 15

11

years if all of the following apply:

12

(1)  A period of ten years has elapsed since the

13

individual was convicted of the sexually violent offense,

14

excluding:

15

(i)  Time spent incarcerated in a State or county

16

correctional facility of this Commonwealth or another

17

jurisdiction or foreign country.

18

(ii)  Time spent supervised by the Pennsylvania Board

19

of Probation and Parole or the county office of probation

20

or parole or probation or parole office of another

21

jurisdiction or foreign country.

22

(iii)  Time spent completing a sentence of

23

intermediate punishment or completing another type of

24

supervision, including time spent in a community

25

corrections center or community contract facility of this

26

Commonwealth, another jurisdiction or foreign country.

27

(2)  The individual has not been convicted of a

28

subsequent offense graded as a misdemeanor of the second

29

degree or higher or an offense punishable by more than one

30

year's imprisonment.

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1

(3)  The individual has not been convicted of a

2

subsequent sexually violent offense.

3

(4)  The individual successfully completed supervised

4

release, including probation, parole or other form of

5

supervision.

6

(5)  The individual successfully completed treatment

7

provided under section 9718.1 (relating to sexual offender

8

treatment) or treatment recognized by another jurisdiction or

9

foreign country or the United States Attorney General under

10

section 115(b)(1) of the Adam Walsh Child Protection and

11

Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16915(b)

12

(1)).

13

(b)  Juvenile offender.--An individual who is a juvenile

14

offender shall have the requirement to register terminated if

15

all of the following apply:

16

(1)  At least 25 years have elapsed since the individual

17

was:

18

(i)  adjudicated delinquent for an offense which, if

19

committed by an adult, would be classified as an offense

20

under 18 Pa.C.S. § 3121 (relating to rape), 3123

21

(relating to involuntary deviate sexual intercourse) or

22

3125 (relating to aggravated indecent assault) or an

23

attempt, solicitation or conspiracy to commit an offense

24

under 18 Pa.C.S. § 3121, 3123 or 3125, excluding time

25

spent under the supervision of the court, including

26

commitment to an institution or facility set forth in

27

section 6352(a)(3) (relating to deposition of delinquent

28

child); or

29

(ii)  adjudicated delinquent for an offense in

30

another jurisdiction which is similar to that which if

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1

committed by an adult in this Commonwealth would be

2

classified as an offense under 18 Pa.C.S. § 3121, 3123 or

3

3125 or an attempt, solicitation or conspiracy to commit

4

an offense under 18 Pa.C.S. § 3121, 3123 or 3125.

5

(2)  The individual has not been convicted of a

6

subsequent offense:

7

(i)  graded as a misdemeanor of the second degree or

8

higher; or

9

(ii)  which is punishable by a term of imprisonment

10

greater than one year.

11

(3)  The individual successfully completed court-ordered

12

supervision.

13

(4)  The individual successfully completed a treatment

14

program for sexual offenders recognized by the juvenile court

15

in this Commonwealth or another jurisdiction or the United

16

States Attorney General under section 115(b)(1) of the Adam

17

Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 

18

16915(b)(1)).

19

(c)  Procedure.--An individual who seeks to reduce the period

20

of registration to ten years pursuant to subsection (a) and an

21

individual who seeks to terminate the obligation to register

22

pursuant to subsection (b) may petition the sentencing court for

23

reduction or termination, as appropriate. The court shall:

24

(1)  Enter an order directing the petitioner be assessed

25

by the board in accordance with section 9799.24 (relating to

26

assessments). The order for assessment shall be sent to the

27

administrative officer of the board within ten days of its

28

entry. No later than 90 days following receipt of such an

29

order, the board shall submit a written report containing its

30

assessment to the sentencing court, district attorney and the

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1

attorney for the petitioner.

2

(2)  Within 120 days of the filing of the petition under

3

paragraph (1), the sentencing court shall hold a hearing to

4

determine whether to reduce the period of registration to ten

5

years or to terminate the obligation to register, as

6

appropriate. The petitioner and the district attorney shall

7

be given notice of the hearing and an opportunity to be

8

heard, the right to call witnesses, the right to call expert

9

witnesses and the right to cross-examine witnesses. The

10

petitioner shall have the right to counsel and to have a

11

lawyer appointed if the petitioner cannot afford one.

12

(3)  The sentencing court shall reduce the period of

13

registration to ten years or terminate the obligation to

14

register, as appropriate, only upon a finding of clear and

15

convincing evidence that allowing the petitioner to reduce

16

the period of registration or to terminate the obligation to

17

register, as appropriate, is not likely to pose a threat to

18

the safety of any other person.

19

(d)  Notice.--A court granting relief under this section

20

shall notify the Pennsylvania State Police in writing within ten

21

days from the date relief is granted.

22

(e)  Right to appeal.--The petitioner and the Commonwealth

23

shall have the right to appellate review of the actions of the

24

sentencing court taken under this section. An appeal by the

25

Commonwealth shall stay the order of the sentencing court.

26

(f)  Prohibition.--This section shall not apply to an

27

individual who:

28

(1)  Has been designated as a sexually violent predator.

29

(2)  Has been convicted of a sexually violent offense who

30

is required to register for a period of 25 years.

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1

(3)  Has been convicted of a sexually violent offense who

2

is required to register for a period of life.

3

(4)  Is a sexually violent delinquent child.

4

§ 9799.18.  Information sharing.

5

(a)  General rule.--The Pennsylvania State Police shall,

6

within three business days, transfer information provided by an

7

individual set forth in section 9799.13 (relating to

8

applicability) under sections 9799.15(g) and (i) (relating to

9

period of registration), 9799.16(b) (relating to registry) and

10

9799.19 (relating to initial registration) to:

11

(1)  A jurisdiction in which the individual is required

12

to register the individual's residence, employment or

13

enrollment as a student.

14

(2)  A jurisdiction in which the individual has

15

terminated the individual's residence, employment or

16

enrollment as a student.

17

(3)  The United States Attorney General, the Department

18

of Justice and the United States Marshals Service for

19

inclusion in the National Sex Offender Registry, NCIC and any

20

other database established by such Federal agencies.

21

(4)  The district attorney of the county in which the

22

individual:

23

(i)  establishes a residence or terminates a

24

residence;

25

(ii)  commences employment or terminates employment;

26

or

27

(iii)  enrolls as a student or terminates enrollment

28

as a student.

29

(5)  The chief law enforcement officer of the police

30

department of the municipality in which the individual:

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1

(i)  establishes a residence or terminates a

2

residence;

3

(ii)  commences employment or terminates employment;

4

or

5

(iii)  enrolls as a student or terminates enrollment

6

as a student.

7

(6)  The county office of probation and parole for the

8

county in which the individual:

9

(i)  establishes a residence or terminates a

10

residence;

11

(ii)  commences employment or terminates employment;

12

or

13

(iii)  enrolls as a student or terminates enrollment

14

as a student.

15

(b)  When sexual offender fails to appear.--When another

16

jurisdiction notifies this Commonwealth that a sexual offender

17

has terminated his residence, employment or enrollment as a

18

student in that jurisdiction and intends to establish a

19

residence in this Commonwealth, commence employment in this

20

Commonwealth or commence enrollment as a student in this

21

Commonwealth and that sexual offender fails to appear in this

22

Commonwealth to register, the Pennsylvania State Police shall

23

notify the other jurisdiction that the sexual offender failed to

24

appear.

25

(c)  International residence.--The Pennsylvania State Police

26

shall, within three business days, transfer information that a

27

sexual offender intends to establish residence in another

28

country to:

29

(1)  A jurisdiction in which the sexual offender is

30

required to register residence, employment or enrollment as a

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1

student.

2

(2)  The United States Marshals Service.

3

(3)  The Department of Justice for inclusion in the

4

National Sex Offender Registry and NCIC.

5

(d)  International travel.--The Pennsylvania State Police

6

shall, within three business days, transfer information about

7

international travel provided by the sexual offender under

8

section 9799.15(i) to:

9

(1)  A jurisdiction in which the sexual offender is

10

required to register the sexual offender's residence,

11

employment or enrollment as a student.

12

(2)  The United States Marshals Service.

13

(3)  The Department of Justice for inclusion in the

14

National Sex Offender Registry and NCIC.

15

(e)  National Child Protection Act agencies.--The

16

Pennsylvania State Police shall, within three business days,

17

transfer such criminal history record information about a sexual

18

offender in the registry necessary to enable an agency

19

responsible for conducting employment-related background checks

20

under section 3 of the National Child Protection Act of 1993

21

(Public Law 103-209, 42 U.S.C. 5119a) to conduct the background

22

checks.

23

§ 9799.19.  Initial registration.

24

(a)  General rule.--An individual set forth in section

25

9799.13 (relating to applicability) shall initially register

26

with the Pennsylvania State Police as set forth in this section.

27

(b)  Initial registration if incarcerated within

28

Commonwealth.--The following apply:

29

(1)  If the individual is, on or after the effective date

30

of this section, incarcerated in a State or county

- 98 -

 


1

correctional facility, the individual shall provide the

2

information set forth in section 9799.16(b) (relating to

3

registry) to the appropriate official of the State or county

4

correctional facility or the Pennsylvania Board of Probation

5

and Parole for inclusion in the registry before being

6

released due to:

7

(i)  the expiration of sentence, in which case the

8

information shall be collected no later than ten days

9

prior to the maximum expiration date;

10

(ii)  parole;

11

(iii)  State or county intermediate punishment where

12

the sentence is restrictive and the individual is

13

sentenced to a period of incarceration in a State or

14

county correctional institution or a work release

15

facility; or

16

(iv)  special probation supervised by the

17

Pennsylvania Board of Probation and Parole.

18

(2)  For individuals set forth in paragraph (1), the

19

appropriate official of the State or county correctional

20

facility or the Pennsylvania Board of Probation and Parole

21

shall collect and forward the information in section

22

9799.16(b) to the Pennsylvania State Police. The appropriate

23

official shall, in addition, ensure that the information set

24

forth in section 9799.16(c) is collected and forwarded to the

25

Pennsylvania State Police. The information in section

26

9799.16(b) and (c) shall be included in the registry. With

27

respect to individuals released under paragraphs (1)(ii),

28

(iii) or (iv), the State or county correctional facility

29

shall not release the individual until it receives

30

verification from the Pennsylvania State Police that it has

- 99 -

 


1

received the information set forth in section 9799.16(b) and

2

(c). Verification may take place by electronic means. With

3

respect to individuals released under paragraph (1)(i), if

4

the individual refuses to provide the information set forth

5

in section 9799.16(b), the State or county correctional

6

institution shall notify the Pennsylvania State Police or the

7

municipal police department with jurisdiction over the

8

facility of the failure to provide the information and of the

9

expected date, time and location of the release of the

10

individual.

11

(c)  Initial registration if sentenced to county intermediate

12

punishment on effective date of section.--If the individual is,

13

on the effective date of this section, sentenced to county

14

intermediate punishment which is restorative where the

15

individual is not sentenced to incarceration or to a work

16

release facility, the individual shall provide the information

17

set forth in section 9799.16(b) by appearing at an approved

18

registration site within 48 hours of being sentenced. The

19

appropriate official of the county office of probation and

20

parole shall ensure that the individual has appeared at an

21

approved registration site as set forth in this subsection. If

22

the individual fails to appear, the appropriate official of the

23

county office of probation and parole shall notify the

24

Pennsylvania State Police. The Pennsylvania State Police shall

25

ensure the information set forth in section 9799.16(c) with

26

respect to the individual is collected and entered in the

27

registry.

28

(d)  Initial registration if sentenced to county intermediate

29

punishment after effective date of section.--If the individual

30

is, after the effective date of this section, sentenced to

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1

county intermediate punishment, the following apply:

2

(1)  If the individual is sentenced to county

3

intermediate punishment which is restorative, the individual

4

shall provide the information set forth in section 9799.16(b)

5

by appearing at an approved registration site within 48 hours

6

of being sentenced. The appropriate official of the county

7

office of probation and parole shall ensure that the

8

individual has appeared at an approved registration site as

9

set forth in this paragraph. If the individual fails to

10

appear, the appropriate official of the county office of

11

probation and parole shall notify the Pennsylvania State

12

Police. The Pennsylvania State Police shall ensure the

13

information set forth in section 9799.16(c) with respect to

14

the individual is collected and entered in the registry.

15

(2)  If the individual is sentenced to county

16

intermediate punishment which is restrictive where the

17

individual is not sentenced to incarceration or to a work

18

release facility, the individual shall provide the

19

information set forth in section 9799.16(b) by appearing at

20

an approved registration site within 48 hours of being

21

sentenced. The appropriate official of the county office of

22

probation and parole shall ensure that the individual has

23

appeared at an approved registration site as set forth in

24

this paragraph. If the individual fails to appear, the

25

appropriate official of the county office of probation and

26

parole shall notify the Pennsylvania State Police. The

27

Pennsylvania State Police shall ensure the information set

28

forth in section 9799.16(c) with respect to the individual is

29

collected and entered in the registry.

30

(e)  Initial registration if sentenced to county probation on

- 101 -

 


1

or after effective date of section.--If the individual is, on or

2

after the effective date of this section, sentenced to county

3

probation, the individual shall provide the information set

4

forth in section 9799.16(b) by appearing at an approved

5

registration site within 48 hours of being sentenced. The

6

appropriate official of the county office of probation and

7

parole shall ensure that the individual has appeared at an

8

approved registration site as set forth in this paragraph. If

9

the individual fails to appear, the appropriate official of the

10

county office of probation and parole shall notify the

11

Pennsylvania State Police. The Pennsylvania State Police shall

12

ensure the information set forth in section 9799.16(c) with

13

respect to the individual is collected and entered in the

14

registry.

15

(f)  Initial registration if being supervised by

16

Commonwealth under Interstate Compact for Adult Offender

17

Supervision.--If an individual is in this Commonwealth and is

18

being supervised by the State Board of Probation and Parole or

19

the county office of probation and parole pursuant to the

20

Interstate Compact for Adult Offender Supervision, the following

21

apply:

22

(1)  If the individual is being supervised under the

23

compact after the effective date of this section, the

24

individual shall provide the information set forth in section

25

9799.16(b) to the appropriate official of the State Board of

26

Probation and Parole or the county office of probation and

27

parole for inclusion in the registry. The appropriate

28

official shall collect the information set forth in section

29

9799.16(b) and forward the information to the Pennsylvania

30

State Police. The appropriate official shall, in addition,

- 102 -

 


1

ensure that the information set forth in section 9799.16(c)

2

is collected and forwarded to the Pennsylvania State Police.

3

If the individual fails to provide the information in section

4

9799.16(b), the appropriate official of the State Board of

5

Probation and Parole or county office of probation and parole

6

shall notify the Pennsylvania State Police.

7

(2)  If the individual is being supervised under the

8

compact on the effective date of this section, the individual

9

shall provide the information set forth in section 9799.16(b)

10

by appearing at an approved registration site within 48 hours

11

of the effective date of this section. The appropriate

12

official of the Pennsylvania Board of Probation and Parole or

13

the county office of probation and parole shall ensure that

14

the individual has appeared at an approved registration site

15

as set forth in this paragraph. If the individual fails to

16

appear, the appropriate official shall notify the

17

Pennsylvania State Police. The appropriate official shall, in

18

addition, ensure the information set forth in section

19

9799.16(c) is collected and forwarded to the Pennsylvania

20

State Police.

21

(g)  Supervision of individual convicted in Commonwealth who

22

does not intend to reside in Commonwealth.--On or after the

23

effective date of this section, an individual convicted of a

24

sexually violent offense within this Commonwealth who seeks

25

transfer of supervision to another jurisdiction pursuant to the

26

Interstate Compact for Adult Offender Supervision, shall not

27

have supervision transferred to another jurisdiction prior to

28

the individual's registration with the Pennsylvania State Police

29

as set forth in this section.

30

(h)  Initial registration of juvenile offender or sexually

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1

violent delinquent child.--If the individual is a juvenile

2

offender or a sexually violent delinquent child, the following

3

apply:

4

(1)  If the individual is a juvenile offender who is

5

adjudicated delinquent by a court on or after the effective

6

date of this section, the court shall require the individual

7

to provide the information set forth in section 9799.16(b) to

8

the chief juvenile probation officer of the court at the time

9

of disposition under section 6352 (relating to disposition of

10

delinquent child). The chief juvenile probation officer shall

11

collect the information in section 9799.16(b) and (c) and

12

forward it to the Pennsylvania State Police for inclusion in

13

the registry as directed by the Pennsylvania State Police. If

14

the juvenile offender is under court-ordered placement in an

15

institution or facility set forth in section 6352(a)(3), the

16

institution or facility shall ensure the information provided

17

by the juvenile offender pursuant to section 9799.16(b) is

18

updated to reflect accurate information prior to release. The

19

institution or facility may not release the juvenile offender

20

until it receives verification from the Pennsylvania State

21

Police that the information required under section 9799.16(b)

22

and (c) has been entered in the registry.

23

(2)  If the individual is, on the effective date of this

24

section, a juvenile offender and is subject to the

25

jurisdiction of the court pursuant to a disposition entered

26

under section 6352 and is on probation, the individual shall

27

provide the information set forth in section 9799.16(b) to

28

the chief juvenile probation officer of the court within 30

29

days of the effective date of this section. The chief

30

juvenile probation officer shall collect the information set

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1

forth in section 9799.16(b) and (c) and forward it to the

2

Pennsylvania State Police for inclusion in the registry, as

3

directed by the Pennsylvania State Police.

4

(3)  If the individual is, on the effective date of this

5

section, a juvenile offender and is subject to the

6

jurisdiction of a court pursuant to a disposition entered

7

under section 6352 and is under court-ordered placement in an

8

institution or facility set forth in section 6352, the

9

director of the institution or facility or a designee shall

10

make the juvenile offender available for and facilitate the

11

collection of the information set forth in section 9799.16(b)

12

and (c) as directed by the Pennsylvania State Police for

13

inclusion in the registry. The Pennsylvania State Police may

14

require the institution or facility to transport the juvenile

15

offender to and from an approved registration site in order

16

to fulfill the requirement of this paragraph. In order to

17

fulfill the requirements of this paragraph, the chief

18

juvenile probation officer of the court shall, within ten

19

days of the effective date of this section, notify the

20

director of the institution or facility and the Pennsylvania

21

State Police that the juvenile offender is required to

22

register under this subchapter. In addition, the institution

23

or facility shall ensure that the information provided by the

24

juvenile offender pursuant to section 9799.16(b) is updated

25

to reflect accurate information prior to release. The

26

juvenile offender may not be released until the institution

27

or facility receives verification from the Pennsylvania State

28

Police that the information required under section 9799.16(b)

29

and (c) has been entered into the registry.

30

(4)  If the individual is, on the effective date of this

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1

section, a sexually violent delinquent child and receiving

2

involuntary treatment in the State-owned facility or unit

3

under Chapter 64 (relating to court-ordered involuntary

4

treatment of certain sexually violent persons), the director

5

of the facility or unit or a designee shall make the sexually

6

violent delinquent child available for and facilitate the

7

collection of the information set forth in section 9799.16(b)

8

and (c) as directed by the Pennsylvania State Police for

9

inclusion in the registry. The Pennsylvania State Police may

10

require the facility or unit to transport the sexually

11

violent delinquent child to and from an approved registration

12

site in order to fulfill the requirement of this paragraph.

13

In addition, the facility or unit shall ensure that the

14

information provided by the sexually violent delinquent child

15

pursuant to section 9799.16(b) is updated to reflect accurate

16

information prior to release. The facility or unit may not

17

release the sexually violent delinquent child until it has

18

received verification from the Pennsylvania State Police that

19

it has received the information set forth in section

20

9799.16(b) and (c).

21

(5)  If the individual is, on or after the effective date

22

of this section, determined by the court to be a sexually

23

violent delinquent child and committed for involuntary

24

treatment to the State-owned facility or unit under Chapter

25

64, the following apply:

26

(i)  The court shall require the individual to

27

provide the information set forth in section 9799.16(b)

28

to the chief juvenile probation officer of the court at

29

the time of commitment. The chief juvenile probation

30

officer shall collect and forward the information to the

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1

Pennsylvania State Police for inclusion in the registry.

2

The chief juvenile probation officer shall, at the time

3

of commitment, also ensure that the information set forth

4

in section 9799.16(c) is collected and forwarded to the

5

Pennsylvania State Police for inclusion in the registry.

6

The Pennsylvania State Police may require the facility or

7

unit to transport the sexually violent delinquent child

8

to and from an approved registration site in order to

9

fulfill the requirement of initial registration at the

10

time of commitment.

11

(ii)  The facility or unit shall ensure that the

12

information provided by the sexually violent delinquent

13

child pursuant to section 9799.16(b) is updated to

14

reflect accurate information prior to transfer to

15

involuntary outpatient treatment pursuant to section

16

6404.1 (relating to transfer to involuntary outpatient

17

treatment) or discharge. The court may not discharge the

18

sexually violent delinquent child from the facility or

19

unit until it has received verification from the

20

Pennsylvania State Police that the information required

21

under section 9799.16(b) and (c) has been entered in the

22

registry.

23

(i)  Initial registration if convicted outside

24

Commonwealth.--If the individual is, on or after the effective

25

date of this section, convicted of a sexually violent offense in

26

another jurisdiction or a foreign country or of a comparable

27

military offense, the individual shall appear in person at an

28

approved registration site to provide the information set forth

29

in section 9799.16(b) to the Pennsylvania State Police within

30

three business days of establishing residence, commencing

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1

employment or commencing enrollment as a student within this

2

Commonwealth. In addition, the individual shall comply with the

3

other provisions of this subchapter, including section 9799.15

4

(relating to period of registration). If the individual fails to

5

establish a residence but nevertheless resides in this

6

Commonwealth, the individual shall register as a transient. The

7

Pennsylvania State Police shall ensure that the information set

8

forth in section 9799.16(c) with respect to the individual is

9

collected and entered in the registry.

10

(j)  Former law and initial registration.--If the individual

11

was required to register under this subchapter before the

12

effective date of this section and has not fulfilled the period

13

of registration, the individual shall appear at an approved

14

registration site to provide the information set forth in

15

section 9799.16(b) to the Pennsylvania State Police within 90

16

days of the effective date of this section. In addition, the

17

individual shall comply with the other provisions of this

18

subchapter, including section 9799.15. If the individual fails

19

to establish a residence, the individual shall register as a

20

transient. The Pennsylvania State Police shall ensure that the

21

information set forth in section 9799.16(c) with respect to the

22

individual is collected and entered in the registry.

23

§ 9799.20.  Duty to inform.

24

In order to implement the provisions of section 9799.19

25

(relating to initial registration), the Pennsylvania State

26

Police, the court having jurisdiction over the sexual offender,

27

the chief juvenile probation officer of the court and the

28

appropriate official of the Pennsylvania Board of Probation and

29

Parole, county office of probation and parole, the Department of

30

Public Welfare or a State or county correctional institution

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1

shall:

2

(1)  Inform the individual required to register of the

3

individual's duties under this subchapter.

4

(2)  Require the individual to read and sign a form

5

stating that the duty to register has been explained and that

6

the individual understands the registration requirement.

7

(3)  Collect the information required under section

8

9799.16 (b) and (c) (relating to registry) and forward the

9

information to the Pennsylvania State Police for inclusion in

10

the registry as set forth in this subchapter.

11

§ 9799.21.  Penalty.

12

An individual set forth in section 9799.13 (relating to

13

applicability) may be subject to prosecution under 18 Pa.C.S. §

14

4915 (relating to failure to comply with registration of sexual

15

offenders requirements) if the individual fails to:

16

(1)  register with the Pennsylvania State Police as set

17

forth in section 9799.15 (relating to period of

18

registration), 9799.19 (relating to initial registration) or

19

9799.25 (relating to verification by sexual offenders and

20

Pennsylvania State Police);

21

(2)  verify the information provided by the individual or

22

be photographed as provided in sections 9799.15, 9799.19 and

23

9799.25; or

24

(3)  provide accurate information when registering under

25

sections 9799.15, 9799.19 and 9799.25.

26

§ 9799.22.  Enforcement.

27

(a)  Failure to comply.--When an individual set forth in

28

section 9799.13 (relating to applicability) fails to comply with

29

section 9799.21(1), (2) or (3) (relating to penalty), the

30

Pennsylvania State Police shall:

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1

(1)  locate and arrest the individual for violating this

2

section; or

3

(2)  notify the municipal police department where the

4

individual has a residence, is employed or is enrolled as a

5

student. The municipal police shall locate and arrest the

6

individual for violating this section. In municipalities

7

where no municipal police department exists, the Pennsylvania

8

State Police shall proceed under paragraph (1).

9

(b)  When individual cannot be found.--In the event the

10

individual cannot be located, the Pennsylvania State Police

11

shall:

12

(1)  Enter information on the Internet website of sexual

13

offenders and in the registry indicating that the individual

14

cannot be located.

15

(2)  Provide information to the National Sex Offender

16

Registry and NCIC to reflect that the individual cannot be

17

located.

18

(3)  Notify the United States Marshals Service.

19

(4)  In cooperation with the district attorney, seek

20

issuance of a warrant for the arrest of the individual. If a

21

warrant is issued pursuant to this paragraph, the

22

Pennsylvania State Police shall provide information to the

23

National Crime Information Center Wanted Person File to

24

reflect that a warrant has been issued for the individual's

25

arrest.

26

(c)  Notice from another jurisdiction.--When another

27

jurisdiction notifies the Commonwealth that a sexual offender

28

has terminated residence, employment or enrollment as a student

29

in that jurisdiction and intends to establish a residence in

30

this Commonwealth, commence employment in this Commonwealth or

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1

commence enrollment as a student in this Commonwealth, and that

2

sexual offender fails to appear in this Commonwealth to register

3

as provided in section 9799.15 (relating to period of

4

registration), the Pennsylvania State Police shall notify the

5

other jurisdiction that the sexual offender failed to appear.

6

(d)  Duty to inform Pennsylvania State Police.--In order to

7

implement the provisions of section 9799.15 and section 9799.19

8

(relating to initial registration), the court with jurisdiction

9

over the sexual offender, the chief juvenile probation officer

10

of the court and the appropriate official of the Pennsylvania

11

Board of Probation and Parole, the county office of probation

12

and parole, the Department of Public Welfare or a State or

13

county correctional institution shall inform the Pennsylvania

14

State Police if the individual refuses to provide the

15

information required. The Pennsylvania State Police shall locate

16

and arrest the individual for a violation of 18 Pa.C.S. § 4915

17

(relating to failure to comply with registration of sexual

18

offenders requirements).

19

§ 9799.23.  Court notification and classification requirements.

20

(a)  Notice to sexual offenders.--At the time of sentencing

21

or disposition, in the case of a juvenile offender or sexually

22

violent delinquent child, the court shall inform the sexual

23

offender of the provisions of this subchapter. The court shall:

24

(1)  Specifically inform the sexual offender of the duty

25

to register under this subchapter.

26

(2)  Specifically inform the sexual offender of the duty

27

to register in accordance with sections 9799.15 (relating to

28

period of registration), 9799.16(b) (relating to registry),

29

9799.19 (relating to initial registration) and 9799.25

30

(relating to verification by sexual offenders and

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1

Pennsylvania State Police).

2

(3)  Specifically inform the sexual offender of the duty

3

to register with authorities in another jurisdiction within

4

three business days of:

5

(i)  Commencement of residence, change of residence,

6

termination of residence or failure to maintain a

7

residence, thus making the sexual offender a transient.

8

(ii)  Commencement of employment, a change in the

9

location or entity in which the sexual offender is

10

employed or termination of employment.

11

(iii)  Commencement of enrollment as a student, a

12

change in enrollment as a student or termination of

13

enrollment as a student.

14

(4)  In accordance with section 9799.16(c), order that

15

the fingerprints, palm prints, DNA sample and photograph of

16

the sexual offender be provided to the Pennsylvania State

17

Police upon sentencing.

18

(5)  Require the sexual offender to read and sign a form

19

stating that the duty to register under this subchapter has

20

been explained. If the sexual offender is incapable of

21

speaking, reading or writing the English language, the court

22

shall certify the duty to register was explained to the

23

sexual offender, and the sexual offender indicated an

24

understanding of the duty.

25

(6)  Specifically classify the individual as one of the

26

following:

27

(i)  An individual convicted of a Tier I offense.

28

(ii)  An individual convicted of a Tier II offense.

29

(iii)  An individual convicted of a Tier III offense.

30

(iv)  A sexually violent predator.

- 112 -

 


1

(v)  A juvenile offender.

2

(vi)  A sexually violent delinquent child.

3

(b)  Mandatory registration.--All sexual offenders must

4

register in accordance with this subchapter. The following

5

apply:

6

(1)  Failure by the court to provide the information

7

required in this section, to correctly inform a sexual

8

offender of the sexual offender's obligations or to require a

9

sexual offender to register shall not relieve the sexual

10

offender from the requirements of this subchapter.

11

(2)  Except as provided in section 9799.17 (relating to

12

reduction of period of registration), the court shall have no

13

authority to relieve a sexual offender from the duty to

14

register under this subchapter or to modify the requirements

15

of this subchapter as they relate to the sexual offender.

16

§ 9799.24.  Assessments.

17

(a)  Order for assessment.--After conviction but before

18

sentencing, a court shall order an individual convicted of a

19

sexually violent offense to be assessed by the board. The order

20

for an assessment shall be sent to the administrative officer of

21

the board within ten days of the date of conviction for the

22

sexually violent offense.

23

(b)  Assessment.--Upon receipt from the court of an order for

24

an assessment, a member of the board as designated by the

25

administrative officer of the board shall conduct an assessment

26

of the individual to determine if the individual should be

27

classified as a sexually violent predator. The board shall

28

establish standards for evaluations and for evaluators

29

conducting the assessments. An assessment shall include, but not

30

be limited to, an examination of the following:

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1

(1)  Facts of the current offense, including:

2

(i)  Whether the offense involved multiple victims.

3

(ii)  Whether the individual exceeded the means

4

necessary to achieve the offense.

5

(iii)  The nature of the sexual contact with the

6

victim.

7

(iv)  Relationship of the individual to the victim.

8

(v)  Age of the victim.

9

(vi)  Whether the offense included a display of

10

unusual cruelty by the individual during the commission

11

of the crime.

12

(vii)  The mental capacity of the victim.

13

(2)  Prior offense history, including:

14

(i)  The individual's prior criminal record.

15

(ii)  Whether the individual completed any prior

16

sentences.

17

(iii)  Whether the individual participated in

18

available programs for sexual offenders.

19

(3)  Characteristics of the individual, including:

20

(i)  Age.

21

(ii)  Use of illegal drugs.

22

(iii)  Any mental illness, mental disability or

23

mental abnormality.

24

(iv)  Behavioral characteristics that contribute to

25

the individual's conduct.

26

(4)  Factors that are supported in a sexual offender

27

assessment field as criteria reasonably related to the risk

28

of reoffense.

29

(c)  Release of information.--All State, county and local

30

agencies, offices and entities in this Commonwealth, including

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1

juvenile probation officers, shall cooperate by providing copies

2

of records and information as requested by the board in

3

connection with the court-ordered assessment and the assessment

4

requested by the Pennsylvania Board of Probation and Parole or

5

the assessment of a delinquent child under section 6358

6

(relating to assessment of delinquent children by the State

7

Sexual Offenders Assessment Board).

8

(d)  Submission of report by board.--The board shall have 90

9

days from the date of conviction of the individual to submit a

10

written report containing its assessment to the district

11

attorney.

12

(d.1)  Summary of offense.--The board shall prepare a

13

description of the offense or offenses that trigger the

14

application of this subchapter to include, but not be limited

15

to:

16

(1)  A concise narrative of the individual's conduct.

17

(2)  Whether the victim was a minor.

18

(3)  The manner of weapon or physical force used or

19

threatened.

20

(4)  If the offense involved unauthorized entry into a

21

room or vehicle occupied by the victim.

22

(5)  If the offense was part of a course or pattern of

23

conduct involving multiple incidents or victims.

24

(6)  Previous instances in which the individual was

25

determined guilty of an offense subject to this subchapter or

26

of a crime of violence as defined in section 9714(g)

27

(relating to sentences for second and subsequent offenses).

28

(e)  Hearing.--

29

(1)  A hearing to determine whether the individual is a

30

sexually violent predator shall be scheduled upon the

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1

praecipe filed by the district attorney. The district

2

attorney upon filing a praecipe shall serve a copy of the

3

praecipe upon defense counsel together with a copy of the

4

report of the board.

5

(2)  The individual and district attorney shall be given

6

notice of the hearing and an opportunity to be heard, the

7

right to call witnesses, the right to call expert witnesses

8

and the right to cross-examine witnesses. In addition, the

9

individual shall have the right to counsel and to have an

10

attorney appointed to represent the individual if the

11

individual cannot afford one. If the individual requests

12

another expert assessment, the individual shall provide a

13

copy of the expert assessment to the district attorney prior

14

to the hearing.

15

(3)  At the hearing prior to sentencing, the court shall

16

determine whether the Commonwealth has proved by clear and

17

convincing evidence that the individual is a sexually violent

18

predator.

19

(4)  A copy of the order containing the determination of

20

the court shall be immediately submitted to the individual,

21

the district attorney, the Pennsylvania Board of Probation

22

and Parole, the Department of Corrections, the board and the

23

Pennsylvania State Police.

24

(f)  Presentence investigation.--In all cases where the board

25

has performed an assessment under this section, copies of the

26

report shall be provided to the agency preparing the presentence

27

investigation.

28

(g)  Parole assessment.--The Pennsylvania Board of Probation

29

and Parole may request of the board that an assessment of a

30

sexual offender be conducted and that a report be provided to

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1

the Pennsylvania Board of Probation and Parole prior to

2

considering a sexual offender for parole.

3

(h)  Delinquent children.--The probation officer shall notify

4

the board 90 days prior to the 20th birthday of the child of the

5

status of the delinquent child who is committed to an

6

institution or other facility pursuant to section 6352 (relating

7

to disposition of delinquent child) after having been found

8

delinquent for an act of sexual violence that if committed by an

9

adult would be a violation of 18 Pa.C.S. § 3121 (relating to

10

rape), 3123 (relating to involuntary deviate sexual

11

intercourse), 3124.1 (relating to sexual assault), 3125

12

(relating to aggravated indecent assault), 3126 (relating to

13

indecent assault) or 4302 (relating to incest), together with

14

the location of the facility where the child is committed. The

15

board shall conduct an assessment of the child, which shall

16

include the board's determination of whether or not the child is

17

in need of commitment due to a mental abnormality as defined in

18

section 6402 (relating to definitions) or a personality

19

disorder, either of which results in serious difficulty in

20

controlling sexually violent behavior, and provide a report to

21

the court within the time frames set forth in section 6358(c).

22

The probation officer shall assist the board in obtaining access

23

to the child and any records or information as requested by the

24

board in connection with the assessment. The assessment shall be

25

conducted under subsection (b).

26

(i)  Other assessments.--Upon receipt from the court of an

27

order for an assessment under section 9799.17 (relating to 

28

reduction of period of registration), a member of the board as

29

designated by the administrative officer of the board shall

30

conduct an assessment of the individual to determine if the

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1

relief sought, if granted, is likely to pose a threat to the

2

safety of any other person. The board shall establish standards

3

for evaluations and for evaluators conducting these assessments.

4

§ 9799.25.  Verification by sexual offenders and Pennsylvania

5

State Police.

6

(a)  Periodic verification.--Except for initial registration

7

as provided in section 9799.19 (relating to initial

8

registration) and in accordance with section 9799.15(a)

9

(relating to period of registration), sexual offenders shall

10

verify the information provided in section 9799.16(b) (relating

11

to registry) and be photographed as follows:

12

(1)  An individual convicted of a Tier I sexual offense

13

shall appear in person at an approved registration site once

14

per calendar year.

15

(2)  An individual convicted of a Tier II sexual offense

16

shall appear in person at an approved registration site every

17

180 days.

18

(3)  An individual convicted of a Tier III sexual offense

19

shall appear in person at an approved registration site every

20

90 days.

21

(4)  An individual designated as a sexually violent

22

predator shall appear in person at an approved registration

23

site every 90 days.

24

(5)  A juvenile offender shall appear in person at an

25

approved registration site every 90 days.

26

(6)  A sexually violent delinquent child shall appear in

27

person at an approved registration site every 90 days.

28

(7)  A transient shall appear in person at an approved

29

registration site every 30 days.

30

(b)  Deadline.--The following apply:

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1

(1)  A sexual offender shall appear as required under

2

subsection (a) within ten days of the date designated by the

3

Pennsylvania State Police. Failure to appear within ten days

4

may subject the sexual offender to prosecution under 18

5

Pa.C.S. § 4915 (relating to failure to comply with

6

registration of sexual offenders requirements).

7

(2)  In the case of a sexual offender who fails to appear

8

as required under this section, the Pennsylvania State Police

9

shall notify the municipal police department where the sexual

10

offender has a residence, is employed or is enrolled as a

11

student. The municipal police shall locate the sexual

12

offender and arrest the sexual offender for violating this

13

section. A municipal police department may request assistance

14

locating or arresting a sexual offender from the Pennsylvania

15

State Police. In municipalities where no municipal police

16

department exists, the Pennsylvania State Police shall locate

17

the offender and arrest the sexual offender for violating

18

this section.

19

(3)  In the case of a sexual offender who fails to appear

20

as required under this section, the Pennsylvania State Police

21

shall notify the United States Marshals Service in accordance

22

with section 9799.22(b)(3) (relating to enforcement).

23

(c)  Facilitation of verification.--The Pennsylvania State

24

Police shall administer and facilitate the process of

25

verification of information, including compliance with

26

counseling in the case of sexually violent predators, and

27

photographing the sexual offender by:

28

(1)  Sending a notice by first class United States mail

29

to each sexual offender at the offender's last reported

30

residence or location, including a post office box. The

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1

notice shall be sent not more than 30 days nor less than 15

2

days prior to the date a sexual offender is required to

3

appear pursuant to subsection (a). The notice shall remind

4

the sexual offender of the sexual offender's responsibilities

5

under this subchapter, including counseling in the case of

6

sexually violent predators, and provide a list of approved

7

registration sites.

8

(2)  Providing verification and compliance forms as

9

necessary at each approved registration site.

10

(d)  Effect of notice.--Failure to send or receive notice of

11

information under this section shall not relieve the sexual

12

offender from the requirements of this subchapter.

13

(e)  Natural disaster.--The occurrence of a natural disaster

14

or other event requiring evacuation of residences shall not

15

relieve the sexual offender of the duty to register or any other

16

duty imposed by this subchapter.

17

§ 9799.26.  Victim notification.

18

(a)  Duty to inform victim.--

19

(1)  If an offender is determined to be a sexually

20

violent predator or a sexually violent delinquent child, the

21

municipal police department or the Pennsylvania State Police,

22

if no municipal police jurisdiction exists, shall give

23

written notice to the victim when the sexually violent

24

predator or the sexually violent delinquent child registers

25

initially under section 9799.19 (relating to initial

26

registration) or under section 9799.15(g)(2), (3) or (4)

27

(relating to period of registration). The notice shall be

28

given within 72 hours after the sexually violent predator or

29

the sexually violent delinquent child registers or notifies

30

the Pennsylvania State Police of current information under

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1

section 9799.15(g). The notice shall contain the following

2

information about the sexually violent predator or sexually

3

violent delinquent child:

4

(i)  Name.

5

(ii)  Residence. This subparagraph includes whether

6

the sexually violent predator or sexually violent

7

delinquent child is a transient, in which case the notice

8

shall contain information about the transient's temporary

9

habitat or other temporary place of abode or dwelling,

10

including a homeless shelter or park. In addition, the

11

notice shall contain a list of places the transient eats,

12

frequents and engages in leisure activities.

13

(iii)  The address of employment.

14

(iv)  The address where the sexually violent predator

15

or sexually violent delinquent child is enrolled as a

16

student.

17

(2)  A victim may terminate the duty to inform set forth

18

in paragraph (1) by providing the local municipal police

19

department or the Pennsylvania State Police, if no local

20

municipal police department exists, with a written statement

21

releasing that agency from the duty to comply with this

22

section as it pertains to that victim.

23

(b)  Individual not determined to be sexually violent

24

predator.--If an individual is not determined to be a sexually

25

violent predator or a sexually violent delinquent child, the

26

victim shall be notified in accordance with section 201 of the

27

act of November 24, 1998 (P.L.882, No.111), known as the Crime

28

Victims Act.

29

(c)  Electronic notification option.--In addition to

30

subsections (a) and (b), the Pennsylvania State Police shall

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1

develop and implement a system that allows a victim to receive

2

electronic notification instead of the notification in

3

subsections (a) and (b) when a sexual offender provides current

4

information to the Pennsylvania State Police under subsection

5

(a).

6

§ 9799.27.  Other notification.

7

(a)  Notice.--Notwithstanding the provisions of Chapter 63

8

(relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating

9

to criminal history record information), the chief law

10

enforcement officer of the police department of the municipality

11

where a sexually violent predator or sexually violent delinquent

12

child lives or, in the case of a sexually violent predator or

13

sexually violent delinquent child failing to establish a

14

residence and being a transient, the chief law enforcement

15

officer of the police department of the transient's last known

16

habitat, shall be responsible for providing written notice as

17

required under this section. The notice shall contain:

18

(1)  The name of the individual.

19

(2)  The address of the residence of the individual. If

20

the individual is a transient, written notice under this

21

paragraph shall consist of information about the transient's

22

temporary habitat or other temporary place of abode or

23

dwelling, including a homeless shelter or park and a list of

24

the places the transient eats, frequents and engages in

25

leisure activities.

26

(3)  The offense for which the individual was convicted,

27

sentenced by a court, adjudicated delinquent or court

28

martialed.

29

(4)  A statement that the individual has been determined

30

to be a sexually violent predator or sexually violent

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1

delinquent child, which determination has or has not been

2

terminated as of a date certain.

3

(5)  A photograph of the sexually violent predator or

4

sexually violent delinquent child.

5

The notice shall not include any information that might reveal

6

the victim's name, identity and residence.

7

(b)  To whom written notice is provided.--The chief law

8

enforcement officer shall provide written notice under

9

subsection (a) to the following persons:

10

(1)  Neighbors of the sexually violent predator or

11

sexually violent delinquent child. As used in this paragraph:

12

(i)  In the case of a sexually violent predator or

13

sexually violent delinquent child being a transient,

14

"neighbor" includes residents in the area of the

15

transient's last known temporary habitat or other

16

temporary place of abode or dwelling, including a

17

homeless shelter or park.

18

(ii)  Where the sexually violent predator lives in a

19

common interest community, the term "neighbor" includes

20

the unit owners' association and residents of the common

21

interest community.

22

(2)  The director of the county children and youth agency

23

of the county where the sexually violent predator or sexually

24

violent delinquent child has a residence or, in the case of a

25

sexually violent predator or sexually violent delinquent

26

child failing to establish a residence and being a transient,

27

the director of the county children and youth agency of the

28

county of the sexually violent predator's or sexually violent

29

delinquent child's last known temporary habitat or other

30

temporary place of abode or dwelling, including a homeless

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1

shelter or park.

2

(3)  The superintendent of each school district and the

3

equivalent official for each private and parochial school

4

enrolling students up through grade 12 in the municipality

5

where the sexually violent predator or sexually violent

6

delinquent child has a residence or, in the case of a

7

sexually violent predator or sexually violent delinquent

8

child failing to establish a residence and being a transient,

9

the superintendent of each school district and the equivalent

10

official for private and parochial schools enrolling students

11

up through grade 12 in the municipality of the sexually

12

violent predator's or sexually violent delinquent child's

13

last known temporary habitat or other temporary place of

14

abode or dwelling, including a homeless shelter or park.

15

(4)  The superintendent of each school district and the

16

equivalent official for each private and parochial school

17

located within a one-mile radius of where the sexually

18

violent predator or sexually violent delinquent child has a

19

residence or, in the case of a sexually violent predator or

20

sexually violent delinquent child failing to establish a

21

residence and being a transient, the superintendent of each

22

school district and the equivalent official for each private

23

and parochial school within a one-mile radius of the sexually

24

violent predator's or sexually violent delinquent child's

25

last known temporary habitat or other temporary place of

26

abode or dwelling, including a homeless shelter or park.

27

(5)  The licensee of each certified day-care center and

28

licensed preschool program and owner or operator of each

29

registered family day-care home in the municipality where the

30

sexually violent predator or sexually violent delinquent

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1

child has a residence or, in the case of a sexually violent

2

predator or sexually violent delinquent child failing to

3

establish a residence and being a transient, the licensee of

4

each certified day-care center and licensed preschool program

5

and owner or operator of each registered family day-care home

6

in the municipality of the sexually violent predator's or

7

sexually violent delinquent child's last known temporary

8

habitat or other temporary place of abode or dwelling,

9

including a homeless shelter or park.

10

(6)  The president of each college, university and

11

community college located within 1,000 feet of where the

12

sexually violent predator or sexually violent delinquent

13

child has a residence or, in the case of a sexually violent

14

predator or sexually violent delinquent child failing to

15

establish a residence and being a transient, the president of

16

each college, university and community college located within

17

1,000 feet of the sexually violent predator's or sexually

18

violent delinquent child's last known temporary habitat or

19

other temporary place of abode or dwelling, including a

20

homeless shelter or park.

21

(c)  Notification time frames.--The municipal police

22

department's chief law enforcement officer shall provide notice

23

within the following time frames:

24

(1)  To neighbors, notice shall be provided within five

25

days after information of the sexually violent predator's or

26

sexually violent delinquent child's release date and

27

residence has been received by the chief law enforcement

28

officer. Notwithstanding the provisions of subsections (a)

29

and (b), verbal notification may be used if written

30

notification would delay meeting the requirement of this

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1

paragraph.

2

(2)  To the persons specified in subsection (b)(2), (3),

3

(4), (5) and (6), notice shall be provided within seven days

4

after the chief law enforcement officer receives information

5

regarding the sexually violent predator's or sexually violent

6

delinquent child's release date and residence.

7

(d)  Public notice.--Information provided in accordance with

8

subsection (a) shall be available to the general public upon

9

request. The information may be provided by electronic means.

10

§ 9799.28.  Public Internet website.

11

(a)  Information to be made available through Internet.--The

12

Pennsylvania State Police shall, in the manner and form directed

13

by the Governor:

14

(1)  Develop and maintain a system for making information

15

about individuals convicted of a sexually violent offense,

16

sexually violent predators and sexually violent delinquent

17

children publicly available by electronic means via an

18

Internet website. In order to fulfill its duties under this

19

section, the Pennsylvania State Police shall ensure that the

20

Internet website:

21

(i)  Contains a feature to permit a member of the

22

public to obtain relevant information for an individual

23

convicted of a sexually violent offense, a sexually

24

violent predator or a sexually violent delinquent child

25

by a single query for any given zip code or geographic

26

radius set by the user.

27

(ii)  Contains a feature to allow a member of the

28

public to receive electronic notification when an

29

individual convicted of a sexually violent offense,

30

sexually violent predator or sexually violent delinquent

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1

child provides information under section 9799.15(g)(2),

2

(3) or (4) (relating to period of registration) relating

3

to a geographic area chosen by the user.

4

(iii)  Includes in its design all field search

5

capabilities needed for full participation in the Dru

6

Sjodin National Sex Offender Public Website. The

7

Pennsylvania State Police shall ensure that the website

8

is able to participate in the Dru Sjodin National Sex

9

Offender Public Website as the United States Attorney

10

General may direct.

11

(iv)  Is updated within three business days with the

12

information required.

13

(2)  Include on the Internet website the following:

14

(i)  Instructions on how to seek correction of

15

information that an individual contends is erroneous.

16

(ii)  A warning that the information on the Internet

17

website should not be used to unlawfully injure, harass

18

or commit a crime against an individual convicted of a

19

sexually violent offense, a sexually violent predator or

20

a sexually violent delinquent child and that any such

21

action could result in criminal or civil penalties.

22

(3)  Include on the Internet website an explanation of

23

its limitations, including statements advising that:

24

(i)  A positive identification of an individual

25

convicted of a sexually violent offense, sexually violent

26

predator or sexually violent delinquent child may be

27

confirmed only by fingerprints.

28

(ii)  Some information contained on the Internet

29

website may be outdated or inaccurate.

30

(iii)  The Internet website is not a comprehensive

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1

listing of every person who has ever committed a sexual

2

offense in Pennsylvania.

3

(4)  Strive to ensure that the information contained on

4

the Internet website is accurate and that the data therein is

5

revised and updated as provided in paragraph (1)(iv).

6

(5)  Provide on the Internet website general information

7

designed to inform and educate the public about sexual

8

offenders and the operation of this subchapter as well as

9

pertinent and appropriate information concerning crime

10

prevention and personal safety, with appropriate links to

11

other relevant Internet websites operated by the

12

Commonwealth.

13

(b)  Required information.--Notwithstanding Chapter 63

14

(relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating

15

to criminal history record information), the Internet website

16

shall contain the following information regarding an individual

17

convicted of a sexually violent offense, a sexually violent

18

predator or a sexually violent delinquent child:

19

(1)  Name and aliases.

20

(2)  Year of birth.

21

(3)  Street address, city, county and zip code of

22

residences and intended residences. In the case of an

23

individual convicted of a sexually violent offense, a

24

sexually violent predator or a sexually violent delinquent

25

child who fails to establish a residence and is therefore a

26

transient, the Internet website shall contain information

27

about the transient's temporary habitat or other temporary

28

place of abode or dwelling, including a homeless shelter or

29

park. In addition, the Internet website shall contain a list

30

of places the transient eats, frequents and engages in

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1

leisure activities.

2

(4)  Street address, city, county and zip code of any

3

location at which an individual convicted of a sexually

4

violent offense, a sexually violent predator or a sexually

5

violent delinquent child is enrolled as a student.

6

(5)  Street address, city, county and zip code of a fixed

7

location where an individual convicted of a sexually violent

8

offense, a sexually violent predator or a sexually violent

9

delinquent child is employed. If an individual convicted of a

10

sexually violent offense, a sexually violent predator or a

11

sexually violent delinquent child is not employed at a fixed

12

address, the information shall include general travel routes

13

and general areas of work.

14

(6)  Current photograph of an individual convicted of a

15

sexually violent offense, a sexually violent predator or a

16

sexually violent delinquent child.

17

(7)  Physical description of an individual convicted of a

18

sexually violent offense, a sexually violent predator or a

19

sexually violent delinquent child.

20

(8)  License plate number and a description of a vehicle

21

owned or operated by an individual convicted of a sexually

22

violent offense, a sexually violent predator or a sexually

23

violent delinquent child.

24

(9)  The sexually violent offense for which an individual

25

convicted of a sexually violent offense, a sexually violent

26

predator or a sexually violent delinquent child is registered

27

under this subchapter.

28

(10)  A statement whether an individual convicted of a

29

sexually violent offense, a sexually violent predator or a

30

sexually violent delinquent child is in compliance with

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1

registration.

2

(11)  A statement whether the victim is a minor.

3

(c)  Prohibited information.--The public Internet website

4

established under this section shall not contain:

5

(1)  The identity of any victim.

6

(2)  The Social Security number of an individual

7

convicted of a sexually violent offense, a sexually violent

8

predator or a sexually violent delinquent child.

9

(3)  Any information relating to arrests of an individual

10

convicted of a sexually violent offense, a sexually violent

11

predator or a sexually violent delinquent child that did not

12

result in conviction.

13

(4)  Travel and immigration document numbers.

14

(d)  (Reserved).

15

(e)  Duration of posting.--The information listed in

16

subsection (b) shall be made available on the Internet website

17

unless:

18

(1)  An individual convicted of a sexually violent

19

offense and who is required to register for a period of 15

20

years is granted relief under section 9799.17 (relating to

21

reduction of period of registration).

22

(2)  An individual convicted of a sexually violent

23

offense, a sexually violent predator or a sexually violent

24

delinquent child is deceased, in which case the Internet

25

website shall contain a notice of the death.

26

(3)  An individual convicted of a sexually violent

27

offense, a sexually violent predator or a sexually violent

28

delinquent child has terminated residence, has terminated

29

employment or has terminated enrollment as a student within

30

this Commonwealth, in which case the Internet website shall

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1

contain a notice indicating such information.

2

§ 9799.29.  Administration.

3

The Governor shall direct the Pennsylvania State Police, the

4

Pennsylvania Board of Probation and Parole, the board, the

5

Department of Corrections, the Department of Transportation and

6

any other agency of the Commonwealth that the Governor deems

7

necessary to collaboratively design, develop and implement an

8

integrated and secure system of communication, storage and

9

retrieval of information to assure the timely, accurate and

10

efficient administration of this subchapter.

11

§ 9799.30.  Global positioning system technology.

12

The Pennsylvania Board of Probation and Parole and county

13

probation authorities may impose supervision conditions that

14

include tracking through global positioning system technology.

15

§ 9799.31.  Immunity for good faith conduct.

16

The following entities shall be immune from liability for

17

good faith conduct under this subchapter:

18

(1)  Agents and employees of the Pennsylvania State

19

Police and local law enforcement agencies.

20

(2)  District attorneys and their agents and employees.

21

(3)  Superintendents, administrators, teachers, employees

22

and volunteers engaged in the supervision of children of any

23

public, private or parochial school.

24

(4)  Directors and employees of county children and youth

25

agencies.

26

(5)  Presidents or similar officers of universities and

27

colleges, including community colleges.

28

(6)  The Pennsylvania Board of Probation and Parole and

29

its agents and employees.

30

(7)  County probation and parole offices and their agents

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1

and employees.

2

(8)  Licensees of certified day-care centers and

3

directors of licensed preschool programs and owners and

4

operators of registered family day-care homes and their

5

agents and employees.

6

(9)  The Department of Corrections and its agents and

7

employees.

8

(10)  County correctional facilities and their agents and

9

employees.

10

(11)  The board and its agents and employees.

11

(12)  Juvenile probation offices and their agents and

12

employees.

13

(13)  The Department of Public Welfare and its agents and

14

employees.

15

(14)  Institutions or facilities set forth in section

16

6352(a)(3) (relating to disposition of delinquent child) and

17

their agents and employees.

18

(15)  The unit owners' association of a common interest

19

community and its agents and employees as it relates to

20

distributing information regarding section 9799.27(b)(1)

21

(relating to other notification).

22

§ 9799.32.  Pennsylvania State Police.

23

The Pennsylvania State Police have the following duties:

24

(1)  To create and maintain the Statewide registry of

25

sexual offenders in conformity with the provisions of this

26

subchapter.

27

(2)  In consultation with the Department of Corrections,

28

the Office of Attorney General, the Juvenile Court Judges'

29

Commission, the Administrative Office of Pennsylvania Courts,

30

the Pennsylvania Board of Probation and Parole and the

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1

chairman and minority chairman of the Judiciary Committee of

2

the Senate and the chairman and minority chairman of the

3

Judiciary Committee of the House of Representatives, to

4

promulgate guidelines necessary for the general

5

administration of this subchapter. These guidelines shall

6

establish procedures to allow an individual subject to the

7

requirements of this subchapter, including a transient, to

8

fulfill these requirements at approved registration sites

9

throughout this Commonwealth. The Pennsylvania State Police

10

shall publish a list of approved registration sites in the

11

Pennsylvania Bulletin and provide a list of approved

12

registration sites in any notice sent to individuals required

13

to register under this subchapter. An approved registration

14

site shall be capable of submitting fingerprints, palm

15

prints, DNA samples and any other information required

16

electronically to the Pennsylvania State Police. The

17

Pennsylvania State Police shall require that approved

18

registration sites submit fingerprints utilizing the

19

Integrated Automated Fingerprint Identification System or in

20

another manner and in such form as the Pennsylvania State

21

Police shall require. Approved registration sites shall not

22

be limited to sites managed by the Pennsylvania State Police

23

and shall include sites managed by local law enforcement

24

agencies that meet the criteria for approved registration

25

sites set forth in this paragraph.

26

(3)  To write regulations regarding neighbor notification

27

under section 9799.27(b)(1) (relating to other notification).

28

(4)  Within three business days, to transfer information

29

as set forth in section 9799.18 (relating to information

30

sharing).

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1

(5)  To enforce the provisions of this subchapter as set

2

forth in section 9799.22 (relating to enforcement).

3

(6)  To facilitate verification of information from

4

individuals required to register under this subchapter as

5

provided in section 9799.25 (relating to verification by

6

sexual offenders and Pennsylvania State Police).

7

(7)  In consultation with the Department of Education and

8

the Pennsylvania Board of Probation and Parole, to promulgate

9

guidelines directing licensed day-care centers, licensed

10

preschool programs, schools, universities and colleges,

11

including community colleges, on the proper use and

12

administration of information received under section 9799.27.

13

(8)  In consultation with the Department of Corrections

14

and the Pennsylvania Board of Probation and Parole, to

15

promulgate guidelines directing State and county correctional

16

facilities and State and county probation and parole offices

17

regarding the completion of information, including the taking

18

of photographs, required by sexual offenders under this

19

subchapter.

20

(9)  In consultation with the Administrative Office of

21

Pennsylvania Courts, the Department of Public Welfare and the

22

Juvenile Court Judges' Commission, to promulgate guidelines

23

regarding the completion of information required by juvenile

24

offenders and sexually violent delinquent children under this

25

subchapter.

26

§ 9799.33.  Duties of probation and parole officials.

27

(a)  Duties.--The Pennsylvania Board of Probation and Parole,

28

the county office of probation and parole and the chief juvenile

29

probation officer of the court shall:

30

(1)  Perform their respective duties set forth for the

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1

Pennsylvania Board of Probation and Parole, the county office

2

of probation and parole and the chief juvenile probation

3

officer of the court in accordance with section 9799.19

4

(relating to initial registration).

5

(2)  On a form prescribed by the Pennsylvania State

6

Police, notify the Pennsylvania State Police each time a

7

sexual offender is arrested, recommitted to a State or county

8

correctional institution for a parole violation or

9

incarcerated.

10

(b)  Notification form.--The Pennsylvania Board of Probation

11

and Parole shall create a notification form which will inform

12

State and county prison and probation and parole personnel how

13

to inform sexual offenders of their duties under this

14

subchapter. In addition, the Pennsylvania Board of Probation and

15

Parole shall apply for Federal funding as provided in the Adam

16

Walsh Child Protection and Safety Act of 2006 (Public Law

17

109-248, 120 Stat. 597) to support and enhance programming using

18

global satellite positioning system technology.

19

§ 9799.34.  Duties of facilities housing sexual offenders.

20

The Department of Corrections, a county correctional

21

facility, an institution or facility set forth in section

22

6352(a)(3) (relating to disposition of delinquent child) and the

23

separate, State-owned facility or unit established under Chapter

24

64 (relating to court-ordered involuntary treatment of certain

25

sexually violent persons), shall have the following duties:

26

(1)  To perform their respective duties in accordance

27

with section 9799.19 (relating to initial registration). This

28

paragraph includes taking a current photograph of the

29

individual required to register under this subchapter before

30

the individual is released from confinement or commitment or

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1

is discharged.

2

(2)  On a form prescribed by the Pennsylvania State

3

Police, to notify the Pennsylvania State Police each time a

4

sexual offender is incarcerated, committed or released,

5

including supervised release or transfer to another

6

correctional institution or facility or institution, in the

7

case of a juvenile offender or sexually violent delinquent

8

child. This paragraph shall include a community corrections

9

center or community contract facility.

10

(3)  To assist sexual offenders registering under this

11

subchapter.

12

§ 9799.35.  Board.

13

(a)  Composition.--The board shall be composed of

14

psychiatrists, psychologists and criminal justice experts, each

15

of whom is an expert in the field of the behavior and treatment

16

of sexual offenders.

17

(b)  Appointment.--The Governor shall appoint the board

18

members.

19

(c)  Term of office.--Members of the board shall serve four-

20

year terms.

21

(d)  Compensation.--The members of the board shall be

22

compensated at a rate of $350 per assessment and receive

23

reimbursement for their actual and necessary expenses while

24

performing the business of the board. The chairman shall receive

25

$500 additional compensation annually.

26

(e)  Staff.--Support staff for the board shall be provided by

27

the Pennsylvania Board of Probation and Parole.

28

§ 9799.36.  Counseling of sexually violent predators.

29

(a)  General rule.--A sexually violent predator shall be

30

required to attend at least monthly counseling sessions in a

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1

program approved by the board and be financially responsible for

2

all fees assessed from the counseling sessions. The board shall

3

monitor the compliance of the sexually violent predator. If the

4

sexually violent predator can prove to the satisfaction of the

5

court that the sexually violent predator cannot afford to pay

6

for the counseling sessions, the sexually violent predator shall

7

nonetheless attend the counseling sessions, and the parole

8

office shall pay the requisite fees.

9

(b)  Designation in another jurisdiction.--If an individual

10

required to register under this subchapter has been designated

11

as a sexually violent predator in another jurisdiction and was

12

required to undergo counseling, the individual shall be subject

13

to the provisions of this section.

14

(c)  Penalty.--A sexually violent predator who knowingly

15

fails to attend counseling sessions as provided in this section

16

may be subject to prosecution under 18 Pa.C.S. § 4915 (relating

17

to failure to comply with registration of sexual offenders

18

requirements).

19

§ 9799.37.  Exemption from notification for certain licensees 

20

and their employees.

21

Nothing in this subchapter shall be construed as imposing a

22

duty upon a person licensed under the act of February 19, 1980

23

(P.L.15, No.9), known as the Real Estate Licensing and

24

Registration Act, or an employee of the person, to disclose any

25

information regarding an individual required to be included in

26

the registry pursuant to this subchapter.

27

§ 9799.38.  Annual performance audit.

28

(a)  Duties of the Attorney General.--The Attorney General

29

has the following duties:

30

(1)  To conduct a performance audit annually to determine

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1

compliance with the requirements of this subchapter and any

2

guidelines promulgated under this subchapter. The audit

3

shall, at a minimum, include a review of the practices,

4

procedures and records of the Pennsylvania State Police, the

5

Pennsylvania Board of Probation and Parole, the Department of

6

Corrections, the board, the Administrative Office of

7

Pennsylvania Courts and any other State or local agency the

8

Attorney General deems necessary in order to conduct a

9

thorough and accurate performance audit.

10

(2)  To prepare an annual report of its findings and any

11

action that it recommends be taken by the Pennsylvania State

12

Police, the Pennsylvania Board of Probation and Parole, the

13

Department of Corrections, the board, the Administrative

14

Office of Pennsylvania Courts, other State or local agencies

15

and the General Assembly to ensure compliance with this

16

subchapter. The first report shall be released to the general

17

public no fewer than 18 months following the effective date

18

of this section.

19

(3)  To provide a copy of its report to the Pennsylvania

20

State Police, the Pennsylvania Board of Probation and Parole,

21

the Department of Corrections, the board, the Administrative

22

Office of Pennsylvania Courts, State or local agencies

23

referenced in the report, the chairman and the minority

24

chairman of the Judiciary Committee of the Senate and the

25

chairman and the minority chairman of the Judiciary Committee

26

of the House of Representatives no fewer than 30 days prior

27

to its release to the general public.

28

(b)  Cooperation required.--Notwithstanding any other

29

provision of law to the contrary, the Pennsylvania State Police,

30

the Pennsylvania Board of Probation and Parole, the Department

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1

of Corrections, the board, the Administrative Office of

2

Pennsylvania Courts, the Pennsylvania Commission on Sentencing

3

and any other State or local agency requested to do so shall

4

fully cooperate with the Attorney General and assist the Office

5

of Attorney General in satisfying the requirements of this

6

section. For purposes of this subsection, full cooperation shall

7

include, at a minimum, complete access to unredacted records,

8

files, reports and data systems.

9

§ 9799.39.  Photographs and fingerprinting.

10

An individual subject to registration shall submit to

11

fingerprinting and photographing as required by this subchapter.

12

Fingerprinting as required by this subchapter shall, at a

13

minimum, require submission of a full set of fingerprints and

14

palm prints. Photographing as required by this subchapter shall,

15

at a minimum, require submission to photographs of the face and

16

any scars, marks, tattoos or other unique features of the

17

individual. Fingerprints and photographs obtained under this

18

subchapter may be maintained for use under this subchapter and

19

for general law enforcement purposes.

20

§ 9799.40.  Duties of Pennsylvania Commission on Sentencing.

21

The Pennsylvania Commission on Sentencing shall establish

22

procedures to enable courts to classify sexual offenders as

23

provided in section 9799.23 (relating to court notification and

24

classification requirements).

25

Section 9.  The definition of "other specified offense" in

26

section 2303 of Title 44 is amended to read:

27

§ 2303.  Definitions.

28

The following words and phrases when used in this chapter

29

shall have the meanings given to them in this section unless the

30

context clearly indicates otherwise:

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1

* * *

2

"Other specified offense."  Any of the following:

3

(1)  A felony offense [or an].

4

(2)  An offense under 18 Pa.C.S. § 2910 (relating to

5

luring a child into a motor vehicle or structure) or 3126

6

(relating to indecent assault) or an attempt to commit such

7

an offense.

8

(3)  An offense subject to 42 Pa.C.S. Ch. 97 Subch. H

9

(relating to registration of sexual offenders).

10

* * *

11

Section 10.  Paragraph (4) of the definition of "eligible

12

offender" in section 4503 of Title 61 is amended to read:

13

§ 4503.  Definitions.

14

The following words and phrases when used in this chapter

15

shall have the meanings given to them in this section unless the

16

context clearly indicates otherwise:

17

* * *

18

"Eligible offender."  A defendant or inmate convicted of a

19

criminal offense who will be committed to the custody of the

20

department and who meets all of the following eligibility

21

requirements:

22

* * *

23

(4)  Has not been found guilty or previously convicted or

24

adjudicated delinquent for violating any of the following

25

provisions or an equivalent offense under the laws of the

26

United States or one of its territories or possessions,

27

another state, the District of Columbia, the Commonwealth of

28

Puerto Rico or a foreign nation:

29

18 Pa.C.S. § 4302 (relating to incest).

30

18 Pa.C.S. § 5901 (relating to open lewdness).

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1

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

2

18 Pa.C.S. § 6318 (relating to unlawful contact with

3

minor).

4

18 Pa.C.S. § 6320 (relating to sexual exploitation of

5

children).

6

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child

7

pornography).

8

Received a criminal sentence pursuant to 42 Pa.C.S.

9

§ 9712.1 (relating to sentences for certain drug offenses

10

committed with firearms).

11

Any sexually violent offense [listed under 42 Pa.C.S.

12

§ 9795.1 (relating to registration)], as defined in 42

13

Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual

14

offenders).

15

* * *

16

Section 11.  Section 6137(a)(3.1)(ii) of Title 61 is amended

17

to read:

18

§ 6137.  Parole power.

19

(a)  General criteria for parole.--

20

* * *

21

(3.1)  * * *

22

(ii)  This paragraph shall not apply to offenders who

23

are currently serving a term of imprisonment for a crime

24

of violence as defined in 42 Pa.C.S. § 9714 (relating to

25

sentences for second and subsequent offenses) or for a

26

crime requiring registration under 42 Pa.C.S. [§ 9795.1

27

(relating to registration)] Ch. 97 Subch. H (relating to

28

registration of sexual offenders).

29

* * *

30

Section 12.  Any reference in any act or part of an act to 42

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1

Pa.C.S. § 9795.1 shall be deemed a reference to 42 Pa.C.S.

2

§ 9799.15 as if fully set forth in that act or part of that act.

3

Section 13.  The addition of 42 Pa.C.S. § 9799.28(b)(11)

4

shall apply to persons convicted after November 30, 2006, of an

5

offense which required registration under former 42 Pa.C.S. §

6

9795.1 and to persons required to register under 42 Pa.C.S. Ch.

7

97 Subch. H on or after the effective date of this section.

8

Section 14.  This act shall take effect in 120 days.

9

Section 1.  Sections 2901, 2902, 2903, 3122.1, 3124.2,

<--

10

3130(a) introductory paragraph and (1) and (b), 3141, 4302 and

11

4915 of Title 18 of the Pennsylvania Consolidated Statutes are

12

amended to read:

13

§ 2901.  Kidnapping.

14

(a)  Offense defined.--[A] Except as provided for in

15

subsection (a.1), a person is guilty of kidnapping if he

16

unlawfully removes another a substantial distance under the

17

circumstances from the place where he is found, or if he

18

unlawfully confines another for a substantial period in a place

19

of isolation, with any of the following intentions:

20

(1)  To hold for ransom or reward, or as a shield or

21

hostage.

22

(2)  To facilitate commission of any felony or flight

23

thereafter.

24

(3)  To inflict bodily injury on or to terrorize the

25

victim or another.

26

(4)  To interfere with the performance by public

27

officials of any governmental or political function.

28

(a.1)  Kidnapping of a minor.--A person is guilty of

29

kidnapping of a minor if he unlawfully removes a person under 18

30

years of age a substantial distance under the circumstances from

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1

the place where he is found, or if he unlawfully confines a

2

person under 18 years of age for a substantial period in a place

3

of isolation, with any of the following intentions:

4

(1)  To hold for ransom or reward, or as a shield or

5

hostage.

6

(2)  To facilitate commission of any felony or flight

7

thereafter.

8

(3)  To inflict bodily injury on or to terrorize the

9

victim or another.

10

(4)  To interfere with the performance by public

11

officials of any governmental or political function.

12

(b)  Grading.--[Kidnapping is a felony] The following apply:

13

(1)  Kidnapping under subsection (a) is a felony of the

14

first degree. A removal or confinement is unlawful within the

15

meaning of [this section] subsection (a) if it is

16

accomplished by force, threat or deception, or, in the case

17

of [a person who is under the age of 14 years or] an

18

incapacitated person, if it is accomplished without the

19

consent of a parent, guardian or other person responsible for

20

general supervision of his welfare.

21

(2)  Kidnapping under subsection (a.1) is a felony of the

22

first degree. A removal or confinement is unlawful within the

23

meaning of subsection (a.1) if it is accomplished by force,

24

threat or deception, or in the case of a person under 14

25

years of age, if it is accomplished without consent of a

26

parent, guardian or other person responsible for general

27

supervision of his welfare.

28

§ 2902.  Unlawful restraint.

29

(a)  Offense defined.--[A person commits an offense] Except

30

as provided under subsection (b) or (c), a person commits a

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1

misdemeanor of the first degree if he knowingly:

2

(1)  restrains another unlawfully in circumstances

3

exposing him to risk of serious bodily injury; or

4

(2)  holds another in a condition of involuntary

5

servitude.

6

[(b)  Grading.--

7

(1)  Except as provided in paragraph (2), an offense

8

under subsection (a) is a misdemeanor of the first degree.

9

(2)  If the victim of the offense is an individual under

10

18 years of age, an offense under subsection (a) is a felony

11

of the second degree.]

12

(b)  Unlawful restraint of a minor where offender is not

13

victim's parent.--If the victim is a person under 18 years of

14

age, a person who is not the victim's parent commits a felony of

15

the second degree if he knowingly:

16

(1)  restrains another unlawfully in circumstances

17

exposing him to risk of serious bodily injury; or

18

(2)  holds another in a condition of involuntary

19

servitude.

20

(c)  Unlawful restraint of minor where offender is victim's

21

parent.--If the victim is a person under 18 years of age, a

22

parent of the victim commits a felony of the second degree if he

23

knowingly:

24

(1)  restrains another unlawfully in circumstances

25

exposing him to risk of serious bodily injury; or

26

(2)  holds another in a condition of involuntary

27

servitude.

28

§ 2903.  False imprisonment.

29

(a)  Offense defined.--[A person commits an offense] Except

30

as provided under subsection (b) or (c), a person commits a

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1

misdemeanor of the second degree if he knowingly restrains

2

another unlawfully so as to interfere substantially with his

3

liberty.

4

[(b)  Grading.--

5

(1)  Except as provided in paragraph (2), an offense

6

under subsection (a) is a misdemeanor of the second degree.

7

(2)  If the victim of the offense is an individual under

8

18 years of age, an offense under subsection (a) is a felony

9

of the second degree.]

10

(b)  False imprisonment of a minor where offender is victim's

11

parent.--If the victim is a person under 18 years of age, a

12

person who is not the victim's parent commits a felony of the

13

second degree if he knowingly restrains another unlawfully so as

14

to interfere substantially with his liberty.

15

(c)  False imprisonment of a minor where offender is victim's

16

parent.--If the victim is a person under 18 years of age, a

17

parent of the victim commits a felony of the second degree if he

18

knowingly:

19

(1)  restrains another unlawfully in circumstances

20

exposing him to risk of serious bodily injury; or

21

(2)  holds another in a condition of involuntary

22

servitude.

23

§ 3122.1.  Statutory sexual assault.

24

(a)  Felony of the second degree.--Except as provided in

25

section 3121 (relating to rape), a person commits a felony of

26

the second degree when that person engages in sexual intercourse

27

with a complainant to whom the person is not married who is 

28

under the age of 16 years and that person is either:

29

(1)  four [or more] years older but less than eight years

30

older than the complainant [and the complainant and the

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1

person are not married to each other.]; or

2

(2)  eight years older but not less than 11 years older

3

than the complainant.

4

(b)  Felony of the first degree.--A person commits a felony

5

of the first degree when that person engages in sexual

6

intercourse with a complainant under the age of 16 years and

7

that person is 11 or more years older than the complainant and

8

the complainant and the person are not married to each other.

9

§ 3124.2.  Institutional sexual assault.

10

(a)  General rule.--Except as provided under subsection (a.1)

11

and in sections 3121 (relating to rape), 3122.1 (relating to

12

statutory sexual assault), 3123 (relating to involuntary deviate

13

sexual intercourse), 3124.1 (relating to sexual assault) and

14

3125 (relating to aggravated indecent assault), a person who is

15

an employee or agent of the Department of Corrections or a

16

county correctional authority, youth development center, youth

17

forestry camp, State or county juvenile detention facility,

18

other licensed residential facility serving children and youth,

19

or mental health or mental retardation facility or institution

20

commits a felony of the third degree when that person engages in

21

sexual intercourse, deviate sexual intercourse or indecent

22

contact with an inmate, detainee, patient or resident.

23

(a.1)  Institutional sexual assault of a minor.--A person who

24

is an employee or agent of the Department of Corrections or a

25

county correctional authority, youth development center, youth

26

forestry camp, State or county juvenile detention facility,

27

other licensed residential facility serving children and youth

28

or a mental health or a mental retardation facility or

29

institution commits a felony of the third degree when that

30

person engages in sexual intercourse, deviate sexual intercourse

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1

or indecent contact with an inmate, detainee, patient or

2

resident who is under 18 years of age.

3

(a.2)  Schools.--

4

(1)  Except as provided in sections 3121, 3122.1, 3123,

5

3124.1 and 3125, a person who is a volunteer or an employee

6

of a school or any other person who has direct contact with a

7

student at a school commits a felony of the third degree when

8

he engages in sexual intercourse, deviate sexual intercourse

9

or indecent contact with a student of the school.

10

(2)  As used in this subsection, the following terms

11

shall have the meanings given to them in this paragraph:

12

(i)  "Direct contact."  Care, supervision, guidance

13

or control.

14

(ii)  "Employee."

15

(A)  Includes:

16

(I)  A teacher, a supervisor, a supervising

17

principal, a principal, an assistant principal, a

18

vice-principal, a director of vocational

19

education, a dental hygienist, a visiting

20

teacher, a home and school visitor, a school

21

counselor, a child nutrition program specialist,

22

a school librarian, a school secretary the

23

selection of whom is on the basis of merit as

24

determined by eligibility lists, a school nurse,

25

a substitute teacher, a janitor, a cafeteria

26

worker, a bus driver, a teacher aide and any

27

other employee who has direct contact with school

28

students.

29

(II)  An independent contractor who has a

30

contract with a school for the purpose of

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1

performing a service for the school, a coach, an

2

athletic trainer, a coach hired as an independent

3

contractor by the Pennsylvania Interscholastic

4

Athletic Association or an athletic trainer hired

5

as an independent contractor by the Pennsylvania

6

Interscholastic Athletic Association.

7

(B)  The term does not include:

8

(I)  A student employed at the school.

9

(II)  An independent contractor or any

10

employee of an independent contractor who has no

11

direct contact with school students.

12

(iii)  "School."  A public or private school,

13

intermediate unit or area vocational-technical school.

14

(iv)  "Volunteer."  The term does not include a

15

school student.

16

(a.3)  Child care.--Except as provided in sections 3121,

17

3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an

18

employee of a center for children commits a felony of the third

19

degree when he engages in sexual intercourse, deviate sexual

20

intercourse or indecent contact with a child who is receiving

21

services at the center.

22

(b)  [Definition.--As used in this section, the term "agent"

23

means a person who is assigned to work in a State or county

24

correctional or juvenile detention facility, a youth development

25

center, youth forestry camp, other licensed residential facility

26

serving children and youth, or mental health or mental

27

retardation facility or institution who is employed by any State

28

or county agency or any person employed by an entity providing

29

contract services to the agency.]

30

Definitions.--As used in this section, the following words

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1

and phrases shall have the meanings given to them in this

2

subsection unless the context clearly indicates otherwise:

3

"Agent."  A person who is assigned to work in a State or

4

county correctional or juvenile detention facility, a youth

5

development center, youth forestry camp, other licensed

6

residential facility serving children and youth or mental health

7

or mental retardation facility or institution, who is employed

8

by any State or county agency or any person employed by an

9

entity providing contract services to the agency.

10

"Center for children."  Includes a child day-care center,

11

group and family day-care home, boarding home for children, a

12

center providing early intervention and drug and alcohol

13

services for children or other facility which provides child-

14

care services which are subject to approval, licensure,

15

registration or certification by the Department of Public

16

Welfare or a county social services agency or which are provided

17

pursuant to a contract with the department or a county social

18

services agency. The term does not include a youth development

19

center, youth forestry camp, State or county juvenile detention

20

facility and other licensed residential facility serving

21

children and youth.

22

§ 3130.  Conduct relating to sex offenders.

23

(a)  Offense defined.--A person commits a felony of the third

24

degree if the person has reason to believe that a sex offender

25

is not complying with or has not complied with the requirements

26

of the sex offender's probation or parole, imposed by statute or

27

court order, or with the registration requirements of 42 Pa.C.S.

28

[§ 9795.2 (relating to registration procedures and

29

applicability)] Ch. 97 Subch. H (relating to registration of

30

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

§ 4302.  Incest.

6

[A] (a)  General rule.--Except as provided for under

7

subsection (b), a person is guilty of incest, a felony of the

8

second degree, if that person knowingly marries or cohabits or

9

has sexual intercourse with an ancestor or descendant, a brother

10

or sister of the whole or half blood or an uncle, aunt, nephew

11

or niece of the whole blood. [The relationships referred to in

12

this section include blood relationships without regard to

13

legitimacy, and relationship of parent and child by adoption.]

14

(b)  Incest of a minor.--A person is guilty of incest of a

15

minor, a felony of the second degree, if that person knowingly

16

marries, cohabits with or has sexual intercourse with a

17

complainant who is an ancestor or descendant, a brother or

18

sister of the whole or half blood or an uncle, aunt, nephew or

19

niece of the whole blood and:

20

(1)  is under the age of 13 years; or

21

(2)  is 13 to 18 years of age and the person is four or

22

more years older than the complainant.

23

(c)  Relationships.--The relationships referred to in this

24

section include blood relationships without regard to

25

legitimacy, and relationship of parent and child by adoption.

26

§ 4915.  Failure to comply with registration of sexual offenders

27

requirements.

28

(a)  Offense defined.--An individual who is subject to

29

registration under 42 Pa.C.S. § 9795.1(a) (relating to

30

registration) or an individual who is subject to registration

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1

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) or who was subject

2

to registration under former 42 Pa.C.S § 9793 (relating to

3

registration of certain offenders for ten years) commits an

4

offense if he knowingly fails to:

5

(1)  register with the Pennsylvania State Police as

6

required under 42 Pa.C.S. § 9795.2 (relating to registration

7

procedures and applicability);

8

(2)  verify his [address] residence or be photographed as

9

required under 42 Pa.C.S. § 9796 (relating to verification of

10

residence); or

11

(3)  provide accurate information when registering under

12

42 Pa.C.S. § 9795.2 or verifying [an address] a residence 

13

under 42 Pa.C.S. § 9796.

14

(a.1)  Counseling.--The following apply:

15

(1)  An individual who is designated as a sexually

16

violent predator commits an offense if he knowingly fails to

17

comply with 42 Pa.C.S. § 9799.4 (relating to counseling of

18

sexually violent predators).

19

(2)  An individual who is subject to a counseling

20

requirement under a sex offender registration statute

21

following conviction in another jurisdiction commits an

22

offense if he knowingly fails to comply with that

23

requirement, as provided in 42 Pa.C.S. § 9795.2(b)(4)(i).

24

(b)  Grading for offenders who must register for ten years.--

25

(2)  Except as set forth in paragraph (3), an individual

26

subject to registration under 42 Pa.C.S. § 9795.1(a) or

27

former 42 Pa.C.S. § 9793 and required to register for a

28

period of ten years who commits a violation of subsection (a)

29

(1) or (2) commits a felony of the third degree.

30

(3)  An individual subject to registration under 42

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1

Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required

2

to register for a period of ten years who commits a violation

3

of subsection (a)(1) or (2) and who has previously been

4

convicted of an offense under subsection (a)(1) or (2) or a

5

similar offense commits a felony of the second degree.

6

(4)  An individual subject to registration under 42

7

Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required

8

to register for a period of ten years who violates subsection

9

(a)(3) commits a felony of the second degree.

10

(c)  Grading for sexually violent predators and others with

11

lifetime registration.--

12

(2)  Except as set forth in paragraph (3), an individual

13

subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) 

14

or (3) or former 42 Pa.C.S. § 9793 and who is subject to

15

lifetime registration who commits a violation of subsection

16

(a)(1) or (2) commits a felony of the second degree.

17

(3)  An individual subject to registration under 42

18

Pa.C.S. § 9795.1(b)(1), (2) or (3) or former 42 Pa.C.S. §

19

9793 and who is subject to lifetime registration who commits

20

a violation of subsection (a)(1) or (2) and who has

21

previously been convicted of an offense under subsection (a)

22

(1) or (2) or a similar offense commits a felony of the first

23

degree.

24

(4)  An individual subject to registration under 42

25

Pa.C.S. § 9795.1(b)(1), (2) or (3) or former 42 Pa.C.S. §

26

9793 and who is subject to lifetime registration who violates

27

subsection (a)(3) commits a felony of the first degree.

28

(c.1)  Grading for failure to comply with counseling

29

requirements.--An individual designated as a sexually violent

30

predator or an individual who is subject to a counseling

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1

requirement under a sex offender registration statute following

2

conviction in another jurisdiction who commits a violation of

3

subsection (a.1) commits a misdemeanor of the first degree.

4

(d)  Effect of notice.--Neither failure on the part of the

5

Pennsylvania State Police to send nor failure of a sexually

6

violent predator or offender to receive any notice or

7

information pursuant to 42 Pa.C.S. § 9796(a.1) or (b.1) shall be

8

a defense to a prosecution commenced against an individual

9

arising from a violation of this section. The provisions of 42

10

Pa.C.S. § 9796(a.1) and (b.1) are not an element of an offense

11

under this section.

12

(e)  Arrests for violation.--

13

(1)  A police officer shall have the same right of arrest

14

without a warrant as in a felony whenever the police officer

15

has probable cause to believe an individual has committed a

16

violation of this section regardless of whether the violation

17

occurred in the presence of the police officer.

18

(2)  An individual arrested for a violation of this

19

section shall be afforded a preliminary arraignment by the

20

proper issuing authority without unnecessary delay. In no

21

case may the individual be released from custody without

22

first having appeared before the issuing authority.

23

(3)  Prior to admitting an individual arrested for a

24

violation of this section to bail, the issuing authority

25

shall require all of the following:

26

(i)  The individual must be fingerprinted and

27

photographed in the manner required by 42 Pa.C.S. Ch. 97

28

Subch. H (relating to registration of sexual offenders).

29

(ii)  The individual must provide the Pennsylvania

30

State Police with all current or intended residences, all

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1

information concerning current or intended employment,

2

including all employment locations, and all information

3

concerning current or intended enrollment as a student.

4

If the individual has a residence as defined in paragraph

5

(2) of the definition of "residence" set forth in section

6

9792 (relating to definitions), the individual must

7

provide the Pennsylvania State Police with the

8

information required under 42 Pa.C.S. § 9795.2(a)(2)(i)

9

(A), (B) and (C).

10

(iii)  Law enforcement must make reasonable attempts

11

to verify the information provided by the individual.

12

(f)  Definition.--As used in this section, the term "a

13

similar offense" means an offense similar to an offense under

14

either subsection (a)(1) or (2) under the laws of this

15

Commonwealth, the United States or one of its territories or

16

possessions, another state, the District of Columbia, the

17

Commonwealth of Puerto Rico or a foreign nation.

18

(g)  Expiration.--This section shall expire one year after

19

the effective date of this subsection.

20

Section 1.1.  Title 18 is amended by adding a section to

21

read:

22

§ 4915.1.  Failure to comply with registration of sexual

23

offenders requirements.

24

(a)  Offense defined.--An individual who is subject to

25

registration under 42 Pa.C.S. § 9799.13 (relating to

26

applicability) commits an offense if he knowingly fails to:

27

(1)  register with the Pennsylvania State Police as

28

required under 42 Pa.C.S. § 9799.15 (relating to period of

29

registration), 9799.19 (relating to initial registration) or

30

9799.25 (relating to verification by sexual offenders and

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1

Pennsylvania State Police);

2

(2)  verify his address or be photographed as required

3

under 42 Pa.C.S. § 9799.15, 9799.19 or 9799.25; or

4

(3)  provide accurate information when registering under

5

42 Pa.C.S. § 9799.15, 9799.19 or 9799.25.

6

(a.1)  Transients.--An individual set forth in 42 Pa.C.S. § 

7

9799.13 who is a transient commits an offense if he knowingly

8

fails to:

9

(1)  register with the Pennsylvania State Police as

10

required under 42 Pa.C.S. §§ 9799.15, 9799.16(b)(6) (relating

11

to registry) and 9799.25(a)(7);

12

(2)  verify the information provided in 42 Pa.C.S. §§

13

9799.15 and 9799.16(b)(6) or be photographed as required

14

under 42 Pa.C.S. § 9799.15 or 9799.25;

15

(3)  provide accurate information when registering under

16

42 Pa.C.S. § 9799.15, 9799.16(b)(6) or 9799.25.

17

(a.2)  Counseling.--The following apply:

18

(1)  An individual who is designated as a sexually

19

violent predator commits an offense if he knowingly fails to

20

comply with 42 Pa.C.S. § 9799.36 (relating to counseling of

21

sexually violent predators).

22

(2)  An individual who is subject to a counseling

23

requirement under a sex offender registration statute

24

following conviction in another jurisdiction commits an

25

offense if he knowingly fails to comply with 42 Pa.C.S. §

26

9799.36.

27

(b)  Grading for sexual offenders who must register for 15

28

years.--

29

(1)  Except as set forth in paragraph (3), an individual

30

subject to registration under 42 Pa.C.S. § 9799.13 and

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1

required to register for a period of 15 years who commits a

2

violation of subsection (a)(1) or (2) commits a felony of the

3

third degree.

4

(2)  An individual subject to registration under 42

5

Pa.C.S. § 9799.13 and required to register for a period of 15

6

years who commits a violation of subsection (a)(1) or (2) and

7

who has previously been convicted of an offense under

8

subsection (a)(1) or (2) or a similar offense commits a

9

felony of the second degree.

10

(3)  An individual subject to registration under 42

11

Pa.C.S. § 9799.13 and required to register for a period of 15

12

years who violates subsection (a)(3) commits a felony of the

13

second degree.

14

(c)  Grading for sexual offenders who must register for 25

15

years or life.--

16

(1)  Except as set forth in paragraph (3), an individual

17

subject to registration under 42 Pa.C.S. § 9799.13 and

18

required to register for a period of 25 years or life who

19

commits a violation of subsection (a)(1) or (2) commits a

20

felony of the second degree.

21

(2)  An individual subject to registration under 42

22

Pa.C.S. § 9799.13 and required to register for a period of 25

23

years or life who commits a violation of subsection (a)(1) or

24

(2) and who has previously been convicted of an offense under

25

subsection (a)(1) or (2) or a similar offense commits a

26

felony of the first degree.

27

(3)  An individual subject to registration under 42

28

Pa.C.S. § 9799.13 and required to register for a period of 25

29

years or life who violates subsection (a)(3) commits a felony

30

of the first degree.

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1

(c.1)  Grading for sexual offenders who are transients who

2

must register for 15 years.--

3

(1)  Except as set forth in paragraph (2) or (3), an

4

individual subject to registration under 42 Pa.C.S. § 9799.13

5

who is a transient who must register for 15 years commits a

6

felony of the third degree if the individual violates

7

subsection (a.1)(1) or (2).

8

(2)  An individual subject to registration under 42

9

Pa.C.S. § 9799.13 who is a transient who must register for 15

10

years commits a felony of the second degree if the individual

11

violates subsection (a.1)(3).

12

(3)  An individual subject to registration under 42

13

Pa.C.S. § 9799.13 who is a transient who must register for a

14

period of 15 years commits a felony of the second degree if

15

the individual violates subsection (a.1)(1), (2) or (3) and

16

has been previously convicted of an offense under subsection

17

(a.1)(1), (2) or (3) or a similar offense.

18

(c.2)  Grading for sexual offenders who are transients who

19

must register for 25 years or life.--

20

(1)  Except as set forth in paragraph (2) or (3), an

21

individual subject to registration under 42 Pa.C.S. § 9799.13

22

who is a transient who must register for a period of 25 years

23

or life commits a felony of the second degree if the

24

individual violates subsection (a.1)(1) or (2).

25

(2)  An individual who is subject to registration under

26

42 Pa.C.S. § 9799.13 who is a transient who must register for

27

a period of 25 years or life commits a felony of the first

28

degree if the individual violates subsection (a.1)(3).

29

(3)  An individual subject to registration under 42

30

Pa.C.S. § 9799.13 who is a transient who must register for a

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1

period of 25 years or life commits a felony of the first

2

degree if the individual violates subsection (a.1)(1), (2) or

3

(3) and has been previously convicted of an offense under

4

subsection (a.1)(1), (2) or (3) or a similar offense.

5

(c.3)  Grading for failure to comply with counseling

6

requirements.--An individual designated as a sexually violent

7

predator or an individual who is subject to a counseling

8

requirement under a sex offender registration statute following

9

conviction in another jurisdiction commits a misdemeanor of the

10

first degree if the individual violates subsection (a.2).

11

(d)  Effect of notice.--Neither failure on the part of the

12

Pennsylvania State Police to send nor failure of a sexually

13

violent predator or offender to receive any notice or

14

information pursuant to 42 Pa.C.S. § 9799.25 shall be a defense

15

to a prosecution commenced against an individual arising from a

16

violation of this section. The provisions of 42 Pa.C.S. §

17

9799.25 are not an element of an offense under this section.

18

(e)  Arrests for violation.--

19

(1)  A police officer shall have the same right of arrest

20

without a warrant as in a felony whenever the police officer

21

has probable cause to believe an individual has committed a

22

violation of this section regardless of whether the violation

23

occurred in the presence of the police officer.

24

(2)  An individual arrested for a violation of this

25

section shall be afforded a preliminary arraignment by the

26

proper issuing authority without unnecessary delay. In no

27

case may the individual be released from custody without

28

first having appeared before the issuing authority.

29

(3)  Prior to admitting an individual arrested for a

30

violation of this section to bail, the issuing authority

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1

shall require all of the following:

2

(i)  The individual must be fingerprinted and

3

photographed in the manner required by 42 Pa.C.S. Ch. 97

4

Subch. H (relating to registration of sexual offenders).

5

(ii)  The individual must provide the Pennsylvania

6

State Police with all current or intended residences, all

7

information concerning current or intended employment,

8

including all employment locations, and all information

9

concerning current or intended enrollment as a student.

10

This subparagraph includes an individual who is a

11

transient, in which case the individual must, in addition

12

to other information required under this subparagraph,

13

provide the information set forth in 42 Pa.C.S. § 

14

9799.16(b)(6).

15

(iii)  Law enforcement must make reasonable attempts

16

to verify the information provided by the individual.

17

(f)  Definitions.--As used in this section, the following

18

words and phrases shall have the meanings given to them in this

19

subsection unless the context clearly indicates otherwise:

20

"Sexually violent predator."  The term shall have the meaning

21

given to it in 42 Pa.C.S. § 9799.12 (relating to definitions).

22

"Similar offense."  An offense similar to an offense under

23

either subsection (a)(1) or (2) under the laws of this

24

Commonwealth, another jurisdiction or a foreign country or a

25

military offense, as defined in 42 Pa.C.S. § 9799.12 (relating

26

to definitions).

27

"Transient."  The term shall have the meaning given to it in

28

42 Pa.C.S. § 9799.12 (relating to definitions).

29

Section 1.2.  Sections 5902(c) and 5903(a)(3), (4) and (5),

30

(b) and (e)(1) of Title 18 are amended to read:

- 160 -

 


1

§ 5902.  Prostitution and related offenses.

2

* * *

3

(c)  Grading of offenses under subsection (b).--

4

(1)  An offense under subsection (b) constitutes a felony

5

of the third degree if:

6

(i)  the offense falls within paragraphs (b)(1), (b)

7

(2) or (b)(3);

8

(ii)  the actor compels another to engage in or

9

promote prostitution;

10

(iii)  the actor promotes prostitution of a [child

11

under the age of 16 years] person under 18 years of age,

12

whether or not he is aware of the age of the child;

13

(iv)  the actor promotes prostitution of his spouse,

14

child, ward or any person for whose care, protection or

15

support he is responsible; or

16

(v)  the person knowingly promoted prostitution of

17

another who was HIV positive or infected with the AIDS

18

virus.

19

(2)  Otherwise the offense is a misdemeanor of the second

20

degree.

21

* * *

22

§ 5903.  Obscene and other sexual materials and performances.

23

(a)  Offenses defined.--No person, knowing the obscene

24

character of the materials or performances involved, shall:

25

* * *

26

(3)  (i)  design, copy, draw, photograph, print, utter,

27

publish or in any manner manufacture or prepare any

28

obscene materials; or

29

(ii)  design, copy, draw, photograph, print, utter,

30

publish or in any manner manufacture or prepare any

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1

obscene materials if the victim is a minor;

2

(4)  (i)  write, print, publish, utter or cause to be

3

written, printed, published or uttered any advertisement

4

or notice of any kind giving information, directly or

5

indirectly, stating or purporting to state where, how,

6

from whom, or by what means any obscene materials can be

7

purchased, obtained or had; or

8

(ii)  write, print, publish, utter or cause to be

9

written, printed, published or uttered any advertisement

10

or notice of any kind giving information, directly or

11

indirectly, stating or purporting to state where, how,

12

from whom or by what means any obscene materials can be

13

purchased, obtained or had if the victim is a minor;

14

(5)  (i)  produce, present or direct any obscene

15

performance or participate in a portion thereof that is

16

obscene or that contributes to its obscenity; or

17

(ii)  produce, present or direct any obscene

18

performance or participate in a portion thereof that is

19

obscene or that contributes to its obscenity if the

20

victim is a minor;

21

* * *

22

(b)  Definitions.--As used in this section, the following

23

words and phrases shall have the meanings given to them in this

24

subsection:

25

"Community."  For the purpose of applying the "contemporary

26

community standards" in this section, community means the State.

27

"Knowing."  As used in subsections (a) and (a.1), knowing

28

means having general knowledge of, or reason to know or a belief

29

or ground for belief which warrants further inspection or

30

inquiry of, the character and content of any material or

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1

performance described therein which is reasonably susceptible of

2

examination by the defendant.

3

"Material."  Any literature, including any book, magazine,

4

pamphlet, newspaper, storypaper, bumper sticker, comic book or

5

writing; any figure, visual representation, or image, including

6

any drawing, photograph, picture, videotape or motion picture.

7

"Minor."  An individual under 18 years of age.

8

"Nude."  Means showing the human male or female genitals,

9

pubic area or buttocks with less than a fully opaque covering,

10

or showing the female breast with less than a fully opaque

11

covering of any portion thereof below the top of the nipple.

12

"Obscene."  Any material or performance, if:

13

(1)  the average person applying contemporary community

14

standards would find that the subject matter taken as a whole

15

appeals to the prurient interest;

16

(2)  the subject matter depicts or describes in a

17

patently offensive way, sexual conduct of a type described in

18

this section; and

19

(3)  the subject matter, taken as a whole, lacks serious

20

literary, artistic, political, educational or scientific

21

value.

22

"Performance."  Means any play, dance or other live

23

exhibition performed before an audience.

24

"Sadomasochistic abuse."  Means, in a sexual context,

25

flagellation or torture by or upon a person who is nude or clad

26

in undergarments, a mask or in a bizarre costume or the

27

condition of being fettered, bound or otherwise physically

28

restrained on the part of one who is nude or so clothed.

29

"Sexual conduct."  Patently offensive representations or

30

descriptions of ultimate sexual acts, normal or perverted,

- 163 -

 


1

actual or simulated, including sexual intercourse, anal or oral

2

sodomy and sexual bestiality; and patently offensive

3

representations or descriptions of masturbation, excretory

4

functions, sadomasochistic abuse and lewd exhibition of the

5

genitals.

6

"Subject line."  The area of an electronic communication that

7

contains a summary description of the content of the message.

8

"Transportation facility."  Any conveyance, premises or place

9

used for or in connection with public passenger transportation,

10

whether by air, rail, motor vehicle or any other method,

11

including aircraft, watercraft, railroad cars, buses, and air,

12

boat, railroad and bus terminals and stations.

13

* * *

14

(e)  Definitions.--As used in subsections (c) and (d) of this

15

section:

16

[(1)  "Minor" means any person under the age of 18

17

years.]

18

* * *

19

Section 2.  Section 6707(2)(ii) of Title 23 is amended to

20

read:

21

§ 6707.  Agency use of designated address.

22

State and local government agencies shall accept the

23

substitute address designated on a valid program participation

24

card issued to the program participant by the Office of Victim

25

Advocate as the program participant's address except as follows:

26

* * *

27

(2)  when the program participant is any of the

28

following:

29

* * *

30

(ii)  a convicted sexual offender who has fulfilled

- 164 -

 


1

the offender's sentence but must register the offender's

2

community residence as required under 42 Pa.C.S. [§§

3

9795.1 (relating to registration) and 9795.2 (relating to

4

registration procedures and applicability)] Ch. 97 Subch.

5

H (relating to registration of sexual offenders) or any

6

similar registration requirement imposed by any other

7

jurisdiction.

8

Section 3.  Sections 6358(a) and (b), 6403(a)(2), (b)(3) and

9

(d) and 6404 of Title 42 are amended to read:

10

§ 6358.  Assessment of delinquent children by the State Sexual

11

Offenders Assessment Board.

12

(a)  General rule.--A child who has been found to be

13

delinquent for an act of sexual violence which if committed by

14

an adult would be a violation of 18 Pa.C.S. § 3121 (relating to

15

rape), 3123 (relating to involuntary deviate sexual

16

intercourse), 3124.1 (relating to sexual assault), 3125

17

(relating to aggravated indecent assault), 3126 (relating to

18

indecent assault) or 4302 (relating to incest) who is committed

19

to an institution or other facility pursuant to section 6352

20

(relating to disposition of delinquent child) and who remains in

21

any such institution or facility upon attaining 20 years of age

22

shall be subject to an assessment by the board.

23

(b)  Duty of probation officer.--Ninety days prior to the

24

20th birthday of the child, the probation officer shall have the

25

duty to notify the board of the status of the delinquent child

26

and the institution or other facility where the child is

27

presently committed. The probation officer shall assist the

28

board in obtaining access to the child and any information

29

required by the board to perform the assessment, including, but

30

not limited to, the child's official court record and complete

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1

juvenile probation file.

2

* * *

3

§ 6403.  Court-ordered involuntary treatment.

4

(a)  Persons subject to involuntary treatment.--A person may

5

be subject to court-ordered commitment for involuntary treatment

6

under this chapter if the person:

7

* * *

8

(2)  Has been committed to an institution or other

9

facility pursuant to section 6352 (relating to disposition of

10

delinquent child) and remains in [the] any such institution

11

or [other] facility upon attaining 20 years of age.

12

* * *

13

(b)  Procedures for initiating court-ordered involuntary

14

commitment.--

15

* * *

16

(3)  The court shall set a date for the hearing which

17

shall be held within 30 days of the filing of the petition

18

pursuant to paragraph (1) and direct the person to appear for

19

the hearing. A copy of the petition and notice of the hearing

20

date shall be served on the person, the attorney who

21

represented the person at the most recent dispositional

22

review hearing pursuant to section 6358(e) and the county

23

solicitor or a designee. A copy of the petition, the

24

assessment and notice of the hearing date shall also be

25

provided to the director of the facility operated by the

26

department pursuant to section 6406(a) (relating to duty of

27

Department of Public Welfare). The person and the attorney

28

who represented the person shall, along with copies of the

29

petition, also be provided with written notice advising that

30

the person has the right to counsel and that, if he cannot

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1

afford one, counsel shall be appointed for the person.

2

* * *

3

(d)  Determination and order.--Upon a finding by clear and

4

convincing evidence that the person has a mental abnormality or

5

personality disorder which results in serious difficulty in

6

controlling sexually violent behavior that makes the person

7

likely to engage in an act of sexual violence, an order shall be

8

entered directing the immediate commitment of the person for

9

[inpatient] involuntary inpatient treatment to a facility

10

designated by the department. The order shall be in writing and

11

shall be consistent with the protection of the public safety and

12

the appropriate control, care and treatment of the person. An

13

appeal shall not stay the execution of the order. If the court

14

does not order the person to be committed for involuntary

15

inpatient treatment by the department, the court shall order the

16

director of the facility operated by the department pursuant to

17

section 6406(a) to destroy the facility's copy of the petition

18

and the assessment.

19

§ 6404.  Duration of inpatient commitment and review.

20

(a)  Initial period of commitment.--The person shall be

21

subject to a period of commitment for inpatient treatment for

22

one year.

23

(b)  Annual review.--

24

(1)  Sixty days prior to the expiration of the one-year

25

commitment period, the director of the facility or a designee

26

shall submit an evaluation and the board shall submit an

27

assessment of the person to the court.

28

(2)  The court shall schedule a review hearing which

29

shall be conducted pursuant to section 6403(c) (relating to

30

court-ordered involuntary treatment) and which shall be held

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1

no later than 30 days after receipt of both the evaluation

2

and the assessment under paragraph (1). Notice of the review

3

hearing shall be provided to the person, the attorney who

4

represented the person at the previous hearing held pursuant

5

to this subsection or section 6403, the district attorney and

6

the county solicitor or a designee. The person and the

7

person's attorney shall also be provided with written notice

8

advising that the person has the right to counsel and that,

9

if he cannot afford one, counsel shall be appointed for the

10

person. If the court determines by clear and convincing

11

evidence that the person continues to have serious difficulty

12

controlling sexually violent behavior while committed for

13

inpatient treatment due to a mental abnormality or

14

personality disorder that makes the person likely to engage

15

in an act of sexual violence, the court shall order an

16

additional period of involuntary inpatient treatment of one

17

year; otherwise, the court shall order the [discharge of]

18

department, in consultation with the board, to develop an

19

outpatient treatment plan for the person. The order shall be

20

in writing and shall be consistent with the protection of the

21

public safety and appropriate control, care and treatment of

22

the person.

23

(c)  [Discharge] Outpatient treatment plan.--

24

(1)  If at any time the director or a designee of the

25

facility to which the person was committed concludes the

26

person no longer has serious difficulty in controlling

27

sexually violent behavior in an inpatient setting, the

28

director shall petition the court for a hearing. Notice of

29

the petition shall be given to the person, the attorney who

30

represented the person at the previous hearing held pursuant

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1

to subsection (b) or section 6403, the board, the district

2

attorney and the county solicitor. The person and the

3

person's attorney shall also be provided with written notice

4

advising that the person has the right to counsel and that,

5

if he cannot afford one, counsel shall be appointed for the

6

person.

7

(2)  Upon receipt of notice under paragraph (1), the

8

board shall conduct a new assessment within 30 days and

9

provide that assessment to the court.

10

(3)  Within 15 days after the receipt of the assessment

11

from the board, the court shall hold a hearing pursuant to

12

section 6403(c). If the court determines by clear and

13

convincing evidence that the person continues to have serious

14

difficulty controlling sexually violent behavior due to a

15

mental abnormality or personality disorder that makes the

16

person likely to engage in an act of sexual violence, the

17

court shall order that the person be subject to the remainder

18

of the period of inpatient commitment. Otherwise, the court

19

shall order the [discharge of] department, in consultation

20

with the board, to develop an outpatient treatment plan for 

21

the person.

22

(4)  The department shall provide the person with notice

23

of the person's right to petition the court for [discharge] 

24

transfer to involuntary outpatient treatment over the

25

objection of the department. The court, after review of the

26

petition, may schedule a hearing pursuant to section 6403(c).

27

(5)  An outpatient treatment plan shall be in writing and

28

shall identify the specific entity that will provide each

29

clinical and support service identified in the plan.

30

(6)  The department shall provide a copy of the

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1

outpatient treatment plan to the court, the person, the

2

attorney who represented the person at the most recent

3

hearing pursuant to section 6403, the board, the district

4

attorney, and the county solicitor or a designee.

5

(d)  Prohibition on discharge.--The court shall not order

6

discharge from involuntary treatment until the person has

7

completed involuntary outpatient treatment pursuant to section

8

6404.2 (relating to duration of outpatient commitment and

9

review).

10

Section 4.  Title 42 is amended by adding sections to read:

11

§ 6404.1.  Transfer to involuntary outpatient treatment.

12

The court may approve or disapprove an outpatient treatment

13

plan. Upon approval of an outpatient treatment plan, the court

14

shall order transfer of the person to involuntary outpatient

15

treatment pursuant to section 6404.2 (relating to duration of

16

outpatient commitment and review).

17

§ 6404.2.  Duration of outpatient commitment and review.

18

(a)  Terms and conditions.--If a court has ordered the

19

transfer of the person to involuntary outpatient treatment

20

pursuant to section 6404.1 (relating to transfer to involuntary

21

outpatient treatment), the court may in its discretion specify

22

the terms and conditions of the outpatient commitment,

23

including, but not limited to:

24

(1)  Absolute compliance with the outpatient treatment

25

plan.

26

(2)  Restrictions and requirements regarding the location

27

of the person's residence and the times the person must be

28

physically present.

29

(3)  Restrictions and requirements regarding areas the

30

person is not permitted to visit.

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1

(4)  Restrictions and requirements regarding who the

2

person may contact in any medium.

3

(5)  Periodic polygraph tests.

4

(b)  Duration.--The court shall order involuntary outpatient

5

treatment for a period of one year.

6

(c)  Status reports.--An involuntary outpatient treatment

7

provider shall submit a report on the person's status and

8

clinical progress, on a form prescribed by the department, to

9

the facility operated by the department pursuant to section

10

6406(a) (relating to duty of Department of Public Welfare), not

11

less than every 30 days.

12

(d)  Failure to comply.--If an involuntary outpatient

13

treatment provider becomes aware that the person has violated

14

any provision of the treatment plan or any term or condition

15

specified pursuant to subsection (a), or the provider concludes

16

that the person is having serious difficulty controlling

17

sexually violent behavior in an outpatient setting due to a

18

mental abnormality or personality disorder that makes the person

19

likely to engage in an act of sexual violence, the provider

20

shall immediately notify the facility operated by the department

21

pursuant to section 6406(a). The facility shall notify the court

22

by the close of the next business day.

23

(e)  Revocation of transfer.--Upon receiving notice pursuant

24

to subsection (d) that the person has violated a material term

25

or condition of transfer specified pursuant to subsection (a), 

26

or that the person is having serious difficulty controlling

27

sexually violent behavior in an outpatient setting due to a

28

mental abnormality or personality disorder that makes the person

29

likely to engage in an act of sexual violence, the court shall

30

revoke the transfer to involuntary outpatient treatment and

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1

order the immediate return to involuntary inpatient treatment

2

without a prior hearing. The court may issue a warrant requiring

3

any law enforcement officer or any person authorized by the

4

court to take the person into custody and return the person to

5

involuntary inpatient treatment. The person may file a written

6

request for a hearing after revocation of the transfer to

7

involuntary treatment. The court shall conduct a hearing

8

pursuant to section 6403(c) (relating to court-ordered

9

involuntary treatment) within ten days of filing of the request.

10

(f)  Annual review and discharge.--

11

(1)  Sixty days prior to the expiration of the one-year

12

outpatient commitment period, the director of the facility or

13

a designee shall submit an evaluation, and the board shall

14

submit an assessment of the person to the court.

15

(2)  The court shall schedule a review hearing which

16

shall be conducted pursuant to section 6403(c) and which

17

shall be held no later than 30 days after receipt of both the

18

evaluation and the assessment under paragraph (1). Notice of

19

the review hearing shall be provided to the person, the

20

attorney who represented the person at the previous hearing

21

held pursuant to section 6403, the district attorney and the

22

county solicitor or a designee. The person and the person's

23

attorney shall also be provided with written notice advising

24

that the person has the right to counsel and that, if the

25

person cannot afford one, counsel shall be appointed for the

26

person. If the court determines by clear and convincing

27

evidence that the person has serious difficulty controlling

28

sexually violent behavior due to a mental abnormality or

29

personality disorder that makes the person likely to engage

30

in an act of sexual violence, the court shall order an

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1

additional period of involuntary inpatient treatment of one

2

year; otherwise the court shall order the discharge of the

3

person. The order shall be in writing and shall be consistent

4

with the protection of the public safety and appropriate

5

control, care and treatment of the person.

6

Section 5.  Sections 6406(a), 6409, 9718.1(a) introductory

7

paragraph and (b)(2), 9718.2(a) and (d) and 9718.3(a) of Title

8

42 are amended to read:

9

§ 6406.  Duty of Department of Public Welfare.

10

(a)  General rule.--The department shall have the duty to

11

provide a separate, secure State-owned facility or unit utilized

12

solely for the control, care and treatment of persons committed

13

pursuant to this chapter. The department shall be responsible

14

for all costs relating to the control, care and treatment of

15

persons committed to [custody] involuntary treatment pursuant to

16

this chapter.

17

* * *

18

§ 6409.  Immunity for good faith conduct.

19

The following entities shall be immune from liability for

20

good faith conduct under this subchapter:

21

(1)  Members of the board and its agents and employees.

22

(2)  The department and its agents and employees.

23

(3)  County probation departments and their agents and

24

employees.

25

(4)  Providers of involuntary outpatient treatment and

26

their agents and employees.

27

§ 9718.1.  Sexual offender treatment.

28

(a)  General rule.--A person, including an offender

29

designated as a "sexually violent predator" as defined in

30

section [9792] 9799.12 (relating to definitions), shall attend

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1

and participate in a Department of Corrections program of

2

counseling or therapy designed for incarcerated sex offenders if

3

the person is incarcerated in a State institution for any of the

4

following provisions under 18 Pa.C.S. (relating to crimes and

5

offenses):

6

* * *

7

(b)  Eligibility for parole.--For an offender required to

8

participate in the program under subsection (a), all of the

9

following apply:

10

* * *

11

(2)  Notwithstanding paragraph (1)(iii), an offender who

12

is a sexually violent predator is subject to section [9799.4]

13

9799.36 (relating to counseling of sexually violent

14

predators).

15

* * *

16

§ 9718.2.  Sentences for [sex] sexual offenders.

17

(a)  Mandatory sentence.--

18

(1)  Any person who is convicted in any court of this

19

Commonwealth of an offense set forth in section [9795.1(a) or

20

(b) (relating to registration)] 9799.14 (relating to sexual

21

offenses and tier system) shall, if at the time of the

22

commission of the current offense the person had previously

23

been convicted of an offense set forth in section [9795.1(a)

24

or (b)] 9799.14 or an equivalent crime under the laws of this

25

Commonwealth in effect at the time of the commission of that

26

offense or an equivalent crime in another jurisdiction, be

27

sentenced to a minimum sentence of at least 25 years of total

28

confinement, notwithstanding any other provision of this

29

title or other statute to the contrary. Upon such conviction,

30

the court shall give the person oral and written notice of

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1

the penalties under paragraph (2) for a third conviction.

2

Failure to provide such notice shall not render the offender

3

ineligible to be sentenced under paragraph (2).

4

(2)  Where the person had at the time of the commission

5

of the current offense previously been convicted of two or

6

more offenses arising from separate criminal transactions set

7

forth in section [9795.1(a) or (b)] 9799.14 or equivalent

8

crimes under the laws of this Commonwealth in effect at the

9

time of the commission of the offense or equivalent crimes in

10

another jurisdiction, the person shall be sentenced to a term

11

of life imprisonment, notwithstanding any other provision of

12

this title or other statute to the contrary. Proof that the

13

offender received notice of or otherwise knew or should have

14

known of the penalties under this paragraph shall not be

15

required.

16

 * * *

17

(d)  Authority of court in sentencing.--[Notice of the

18

application of this section shall be provided to the defendant

19

before trial. If the notice is given, there] There shall be no

20

authority in any court to impose on an offender to which this

21

section is applicable any lesser sentence than provided for in

22

subsections (a) and (b) or to place the offender on probation or

23

to suspend sentence. Nothing in this section shall prevent the

24

sentencing court from imposing a sentence greater than that

25

provided in this section. Sentencing guidelines promulgated by

26

the Pennsylvania Commission on Sentencing shall not supersede

27

the mandatory sentences provided in this section.

28

* * *

29

§ 9718.3.  Sentence for failure to comply with registration of

30

sexual offenders.

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1

(a)  Mandatory sentence.--Mandatory sentencing shall be as

2

follows:

3

(1)  Sentencing upon conviction for a first offense shall

4

be as follows:

5

(i)  Not less than two years for an individual who:

6

(A)  was subject to section 9795.1(a) (relating

7

to registration) or a similar provision from another

8

jurisdiction or former section 9793 (relating to

9

registration of certain offenders for ten years); and

10

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2)

11

(relating to failure to comply with registration of

12

sexual offenders requirements).

13

(ii)  Not less than three years for an individual

14

who:

15

(A)  was subject to section 9795.1(a) or a

16

similar provision from another jurisdiction or former

17

section 9793; 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 section 9795.1(b) or a

22

similar provision from another jurisdiction; and

23

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

24

(iv)  Not less than five years for an individual who:

25

(A)  was subject to section 9795.1(b) or a

26

similar provision from another jurisdiction; and

27

(B)  violated 18 Pa.C.S. § 4915(a)(3).

28

(2)  Sentencing upon conviction for a second or

29

subsequent offense shall be as follows:

30

(i)  Not less than five years for an individual who:

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1

(A)  was subject to section 9795.1 or a similar

2

provision from another jurisdiction or former section

3

9793; and

4

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

5

(ii)  Not less than seven years for an individual

6

who:

7

(A)  was subject to section 9795.1 or a similar

8

provision from another jurisdiction or former section

9

9793; and

10

(B)  violated 18 Pa.C.S. § 4915(a)(3).

11

* * *

12

Section 6.  Title 42 is amended by adding a section to read:

13

§ 9718.4.  Sentence for failure to comply with registration of

14

sexual offenders.

15

(a)  Mandatory sentence.--Mandatory sentencing shall be as

16

follows:

17

(1)  Sentencing upon conviction for a first offense shall

18

be as follows:

19

(i)  Not less than two years for an individual who:

20

(A)  is subject to section 9799.13 (relating to

21

applicability) and must register for a period of 15

22

years under section 9799.15 (relating to period of

23

registration) or a similar provision from another

24

jurisdiction; and

25

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2)

26

(relating to failure to comply with registration of

27

sexual offenders requirements).

28

(ii)  Not less than three years for an individual

29

who:

30

(A)  is subject to section 9799.13 and must

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1

register for a period of 15 years under section

2

9799.15 or a similar provision from another

3

jurisdiction; and

4

(B)  violated 18 Pa.C.S. § 4915(a)(3).

5

(iii)  Not less than three years for an individual

6

who:

7

(A)  is subject to section 9799.13 and must

8

register for a period of 25 years or life under

9

section 9799.15 or a similar provision from another

10

jurisdiction; and

11

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

12

(iv)  Not less than five years for an individual who:

13

(A)  is subject to section 9799.13 and must

14

register for a period of 25 years or life under

15

section 9799.15 or a similar provision from another

16

jurisdiction; and

17

(B)  violated 18 Pa.C.S. § 4915(a)(3).

18

(2)  Sentencing upon conviction for a second or

19

subsequent offense shall be as follows:

20

(i)  Not less than five years for an individual who:

21

(A)  is subject to section 9799.13 and must

22

register for a period of 15 or 25 years or life under

23

section 9799.15 or a similar provision from another

24

jurisdiction; and

25

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

26

(ii)  Not less than seven years for an individual

27

who:

28

(A)  is subject to section 9799.13 and must

29

register for a period of 15 or 25 years or life under

30

section 9799.15 or a similar provision from another

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1

jurisdiction; and

2

(B)  violated 18 Pa.C.S. § 4915(a)(3).

3

(a.1)  Transients and mandatory sentence.--Mandatory

4

sentencing shall be as follows:

5

(1)  Sentencing upon conviction for a first offense shall

6

be as follows:

7

(i)  Not less than two years for an individual who:

8

(A)  is subject to section 9799.13 and must

9

register for a period of 15 years under section

10

9799.15 or a similar provision from another

11

jurisdiction and is a transient; and

12

(B)  violated 18 Pa.C.S. § 4915(a.1)(1) or (2).

13

(ii)  Not less than three years for an individual

14

who:

15

(A)  is subject to section 9799.13 and must

16

register for a period of 15 years under section

17

9799.15 or a similar provision from another

18

jurisdiction and is transient; and

19

(B)  violated 18 Pa.C.S. § 4915(a.1)(3).

20

(iii)  Not less than three years for an individual

21

who:

22

(A)  is subject to section 9799.13 and must

23

register for a period of 25 years or life under

24

section 9799.15 or a similar provision from another

25

jurisdiction and is transient; and

26

(B)  violated 18 Pa.C.S. § 4915(a.1)(1) or (2).

27

(iv)  Not less than five years for an individual who:

28

(A)  is subject to section 9799.13 and must

29

register for a period of 25 years or life under

30

section 9799.15 or a similar provision from another

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1

jurisdiction and is a transient; and

2

(B)  violated 18 Pa.C.S. § 4915(a.1)(3).

3

(2)  Sentencing upon conviction for a second or

4

subsequent offense shall be as follows:

5

(i)  Not less than five years for an individual who:

6

(A)  is subject to section 9799.13 and must

7

register for a period of 15 or 25 years or life under

8

section 9799.15 or a similar provision from another

9

jurisdiction and is transient; and

10

(B)  violated 18 Pa.C.S. § 4915(a.1)(1) or (2).

11

(ii)  Not less than seven years for an individual

12

who:

13

(A)  is subject to section 9799.13 and must

14

register for a period of 15 or 25 years or life under

15

section 9799.15 or a similar provision from another

16

jurisdiction and is a transient; and

17

(B)  violated 18 Pa.C.S. § 4915(a.1)(3).

18

(b)  Proof at sentencing.--The provisions of this section

19

shall not be an element of the crime, and notice thereof to the

20

defendant shall not be required prior to conviction, but

21

reasonable notice of the Commonwealth's intention to proceed

22

under this section shall be provided after conviction and before

23

sentencing. The applicability of this section shall be

24

determined at sentencing. The court shall consider any evidence

25

presented at trial and shall afford the Commonwealth and the

26

defendant an opportunity to present any necessary additional

27

evidence and shall determine, by a preponderance of the

28

evidence, if this section is applicable.

29

(c)  Authority of court in sentencing.--There shall be no

30

authority in any court to impose on an offender to which this

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1

section is applicable any lesser sentence than provided for in

2

subsection (a) or to place such offender on probation or to

3

suspend sentence. Nothing in this section shall prevent the

4

sentencing court from imposing a sentence greater than that

5

provided in this section. Sentencing guidelines promulgated by

6

the Pennsylvania Commission on Sentencing shall not supersede

7

the mandatory sentences provided in this section.

8

(d)  Appeal by Commonwealth.--If a sentencing court refuses

9

to apply this section where applicable, the Commonwealth shall

10

have the right to appellate review of the action of the

11

sentencing court. The appellate court shall vacate the sentence

12

and remand the case to the sentencing court for imposition of a

13

sentence in accordance with this section if it finds that the

14

sentence was imposed in violation of this section.

15

Section 7.  Section 9791 of Title 42 is amended to read:

16

§ 9791.  Legislative findings and declaration of policy.

17

(a)  Legislative findings.--It is hereby determined and

18

declared as a matter of legislative finding:

19

(1)  If the public is provided adequate notice and

20

information about sexually violent predators and certain

21

other offenders, including those sexually violent predators

22

and offenders who do not have a fixed place of habitation or

23

abode, the community can develop constructive plans to

24

prepare themselves and their children for the offender's

25

release. This allows communities to meet with law enforcement

26

to prepare and obtain information about the rights and

27

responsibilities of the community and to provide education

28

and counseling to their children.

29

(2)  These sexually violent predators pose a high risk of

30

engaging in further offenses even after being released from

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1

incarceration or commitments and that protection of the

2

public from this type of offender is a paramount governmental

3

interest.

4

(3)  The penal and mental health components of our

5

justice system are largely hidden from public view and lack

6

of information from either may result in failure of both

7

systems to meet this paramount concern of public safety.

8

(4)  Overly restrictive confidentiality and liability

9

laws governing the release of information about sexually

10

violent predators have reduced the willingness to release

11

information that could be appropriately released under the

12

public disclosure laws and have increased risks to public

13

safety.

14

(5)  Persons found to have committed such an offense have

15

a reduced expectation of privacy because of the public's

16

interest in public safety and in the effective operation of

17

government.

18

(6)  Release of information about sexually violent

19

predators to public agencies and the general public will

20

further the governmental interests of public safety and

21

public scrutiny of the criminal and mental health systems so

22

long as the information released is rationally related to the

23

furtherance of those goals.

24

[(b)  Declaration of policy.--It is hereby declared to be the

25

intention of the General Assembly to protect the safety and

26

general welfare of the people of this Commonwealth by providing

27

for registration and community notification regarding sexually

28

violent predators who are about to be released from custody and

29

will live in or near their neighborhood. It is further declared

30

to be the policy of this Commonwealth to require the exchange of

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1

relevant information about sexually violent predators among

2

public agencies and officials and to authorize the release of

3

necessary and relevant information about sexually violent

4

predators to members of the general public as a means of

5

assuring public protection and shall not be construed as

6

punitive.]

7

(b)  Declaration of policy.--It is hereby declared to be the

8

intention of the General Assembly to:

9

(1)  Protect the safety and general welfare of the people

10

of this Commonwealth by providing for registration and

11

community notification regarding sexually violent predators

12

who are about to be released from custody and will live in or

13

near their neighborhood.

14

(2)  Require the exchange of relevant information about

15

sexually violent predators among public agencies and

16

officials and to authorize the release of necessary and

17

relevant information about sexually violent predators to

18

members of the general public as a means of assuring public

19

protection and shall not be construed as punitive.

20

(3)  Address the Superior Court's opinion in the case of

21

Commonwealth v. Wilgus, 975 A.2d 1183 (2009) by requiring

22

offenders and sexually violent predators without a fixed

23

place of habitation or abode to register under this

24

subchapter.

25

Section 8.  The definitions of "passive notification" and

26

"residence" in section 9792 of Title 42 are amended to read:

27

§ 9792.  Definitions.

28

The following words and phrases when used in this subchapter

29

shall have the meanings given to them in this section unless the

30

context clearly indicates otherwise:

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1

* * *

2

"Passive notification."  Notification pursuant to section

3

9798.1 (relating to information made available on the Internet

4

and electronic notification) or any process whereby persons,

5

pursuant to the laws of the United States or one of its

6

territories or possessions, another state, the District of

7

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

8

are able to access information pertaining to an individual as a

9

result of the individual having been convicted or sentenced by a

10

court for an offense similar to an offense listed in section

11

9795.1 (relating to registration).

12

* * *

13

"Residence."  [A location where an individual resides or is

14

domiciled or intends to be domiciled for 30 consecutive days or

15

more during a calendar year.] With respect to an individual

16

required to register under this subchapter, any of the

17

following:

18

(1)  A location where an individual resides or is

19

domiciled or intends to be domiciled for 30 consecutive days

20

or more during a calendar year.

21

(2)  In the case of an individual who fails to establish

22

a residence as set forth in paragraph (1), a temporary

23

habitat or other temporary place of abode or dwelling,

24

including a homeless shelter or park, where the individual is

25

lodged.

26

* * *

27

Section 9.  Sections 9795.1(a) and (b), 9795.2(a)(2)(i), (b)

28

(4) introductory paragraph and (i) and (5) introductory

29

paragraph and (c)(1) and (3), 9795.3(2), (2.1) and (3) and

30

9795.5(a)(1) of Title 42 are amended to read:

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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).

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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] who currently have

5

a residence in this Commonwealth who have been convicted of

6

offenses similar to the crimes cited in paragraphs (1) and

7

(2) under the laws of the United States or one of its

8

territories or possessions, another state, the District of

9

Columbia, the Commonwealth of Puerto Rico or a foreign nation

10

or under a former law of this 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

- 186 -

 


1

foreign nation or under a former law of this Commonwealth.]

2

(2)  Individuals convicted:

3

(i)  in this Commonwealth of the following offenses:

4

18 Pa.C.S. § 3121 (relating to rape).

5

18 Pa.C.S. § 3123 (relating to involuntary deviate

6

sexual intercourse).

7

18 Pa.C.S. § 3124.1 (relating to sexual assault).

8

18 Pa.C.S. § 3125 (relating to aggravated indecent

9

assault).

10

18 Pa.C.S. § 4302 (relating to incest) when the

11

victim is under 12 years of age.

12

(ii)  of offenses similar to the crimes cited in

13

paragraph (2)(i) under the laws of the United States or

14

one of its territories or possessions, another state, the

15

District of Columbia, the Commonwealth of Puerto Rico or

16

a foreign nation or under a former law of this

17

Commonwealth who currently reside in this Commonwealth.

18

(3)  Sexually violent predators.

19

* * *

20

§ 9795.2.  Registration procedures and applicability.

21

(a)  Registration.--

22

* * *

23

(2)  Offenders and sexually violent predators shall

24

inform the Pennsylvania State Police within 48 hours of:

25

(i)  Any change of residence or establishment of an

26

additional residence or residences. In the case of an

27

individual who has a residence as defined in paragraph

28

(2) of the definition of "residence" set forth in section

29

9792 (relating to definitions), the individual shall

30

inform the Pennsylvania State Police of the following:

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1

(A)  the location of a temporary habitat or other

2

temporary place of abode or dwelling, including a

3

homeless shelter or park, where the individual is

4

lodged;

5

(B)  a list of places the individual eats,

6

frequents and engages in leisure activities and any

7

planned destinations, including those outside this

8

Commonwealth; and

9

(C)  the place the individual receives mail,

10

including a post office box.

11

The duty to provide the information set forth in this

12

subparagraph shall apply until the individual establishes

13

a residence as defined in paragraph (1) of the definition

14

of "residence" set forth in section 9792. If the

15

individual who has a residence as defined in paragraph

16

(2) of the definition of "residence" set forth in section

17

9792 changes or adds to the places listed in this

18

subparagraph during a 30-day period, the individual shall

19

list these when re-registering during the next 30-day

20

period.

21

* * *

22

(b)  Individuals convicted or sentenced by a court or

23

adjudicated delinquent in jurisdictions outside this

24

Commonwealth or sentenced by court martial.--

25

(4)  An individual who [resides] has a residence, is

26

employed or is a student in this Commonwealth and who has

27

been convicted of or sentenced by a court or court martialed

28

for a sexually violent offense or a similar offense under the

29

laws of the United States or one of its territories or

30

possessions, another state, the District of Columbia, the

- 188 -

 


1

Commonwealth of Puerto Rico or a foreign nation, or who was

2

required to register under a sexual offender statute in the

3

jurisdiction where convicted, sentenced or court martialed,

4

shall register at an approved registration site within 48

5

hours of the individual's arrival in this Commonwealth. The

6

provisions of this subchapter shall apply to the individual

7

as follows:

8

(i)  If the individual has been classified as a

9

sexually violent predator as defined in section 9792

10

(relating to definitions) or determined under the laws of

11

the other jurisdiction or by reason of court martial to

12

be subject to active notification and lifetime

13

registration on the basis of a statutorily authorized

14

administrative or judicial decision or on the basis of a

15

statute or administrative rule requiring active

16

notification and lifetime registration based solely on

17

the offense for which the individual was convicted,

18

sentenced or court martialed, the individual shall,

19

notwithstanding section 9792, be considered a sexually

20

violent predator and subject to lifetime registration

21

pursuant to section 9795.1(b) (relating to registration).

22

The individual shall also be subject to the provisions of

23

this section and sections 9796 (relating to verification

24

of residence), 9798 (relating to other notification) and

25

9798.1(c)(1) (relating to information made available on

26

the Internet and electronic notification), except that

27

the individual shall not be required to receive

28

counseling unless required to do so by the other

29

jurisdiction or by reason of court martial.

30

* * *

- 189 -

 


1

(5)  Notwithstanding the provisions of Chapter 63

2

(relating to juvenile matters) and except as provided in

3

paragraph (4), an individual who [resides] has a residence,

4

is employed or is a student in this Commonwealth and who is

5

required to register as a sex offender under the laws of the

6

United States or one of its territories or possessions,

7

another state, the District of Columbia, the Commonwealth of

8

Puerto Rico or a foreign nation as a result of a juvenile

9

adjudication shall register at an approved registration site

10

within 48 hours of the individual's arrival in this

11

Commonwealth. The provisions of this subchapter shall apply

12

to the individual as follows:

13

* * *

14

(c)  Registration information to local police.--

15

(1)  The Pennsylvania State Police shall provide the

16

information obtained under this section and sections 9795.3

17

(relating to sentencing court information) and 9796 (relating

18

to verification of residence) to the chief law enforcement

19

officers of the police departments of the municipalities in

20

which the individual will [reside,] establish a residence or 

21

be employed or enrolled as a student. In addition, the

22

Pennsylvania State Police shall provide this officer with the

23

address at which the individual will [reside,] establish a

24

residence or be employed or enrolled as a student following

25

his release from incarceration, parole or probation.

26

* * *

27

(3)  The Pennsylvania State Police shall provide notice

28

to the chief law enforcement officers of the police

29

departments of the municipalities notified pursuant to

30

paragraph (1) when they are in receipt of information

- 190 -

 


1

indicating that the individual will no longer [reside] have a

2

residence, be employed or be enrolled as a student in the

3

municipality.

4

* * *

5

§ 9795.3.  Sentencing court information.

6

The sentencing court shall inform offenders and sexually

7

violent predators at the time of sentencing of the provisions of

8

this subchapter. The court shall:

9

* * *

10

(2)  Specifically inform the offender or sexually violent

11

predator of the duty to inform the Pennsylvania State Police

12

within [ten days] 48 hours if the offender or sexually

13

violent predator changes residence or establishes an

14

additional residence or residences, changes employer or

15

employment location for a period of time that will exceed 14

16

days or for an aggregate period of time that will exceed 30

17

days during any calendar year or terminates employment or

18

changes institution or location at which the person is

19

enrolled as a student or terminates enrollment. In order to

20

fulfill the requirements of this paragraph, the sentencing

21

court shall specifically inform the offender or sexually

22

violent predator of the duty to inform the Pennsylvania State

23

Police of:

24

(i)  the location of a temporary habitat or other

25

temporary place of abode or dwelling, including a

26

homeless shelter or park, where the individual is lodged;

27

(ii)  the places the individual eats, frequents and

28

engages in leisure activities and any planned

29

destinations, including those outside this Commonwealth;

30

and

- 191 -

 


1

(iii)  the place the individual receives mail,

2

including a post office box,

3

if the individual fails to establish a residence as defined

4

in paragraph (1) of the definition of "residence" set forth

5

in section 9792.

6

(2.1)  Specifically inform the offender or sexually

7

violent predator of the duty to inform the Pennsylvania State

8

Police within [ten days] 48 hours of becoming employed or

9

enrolled as a student if the person has not previously

10

provided that information to the Pennsylvania State Police.

11

(3)  Specifically inform the offender or sexually violent

12

predator of the duty to register with a new law enforcement

13

agency if the offender or sexually violent predator moves to

14

another state no later than [ten days] 48 hours after

15

establishing residence in another state.

16

* * *

17

§ 9795.5.  Exemption from certain notifications.

18

(a)  Lifetime registrants not classified as sexually violent

19

predators.--

20

(1)  An individual required to register under section

21

9795.1 (relating to registration) who is not a sexually

22

violent predator may petition the sentencing court to be

23

exempt from the application of section 9798.1 (relating to

24

information made available on the Internet and electronic

25

notification) provided no less than 20 years have passed

26

since the individual has been convicted in this or any other

27

jurisdiction of any offense punishable by imprisonment for

28

more than one year, or the individual's release from custody

29

following the individual's most recent conviction for any

30

such offense, whichever is later.

- 192 -

 


1

* * *

2

Section 10.  Section 9796(d) and (f) of Title 42 are amended

3

and the section is amended by adding subsections to read:

4

§ 9796.  Verification of residence.

5

* * *

6

(b.2)  Monthly verification by individuals with temporary

7

habitats located within this Commonwealth.--The Pennsylvania

8

State Police shall verify the residence of individuals required

9

to register under this subchapter who have a residence as

10

defined in paragraph (2) of the definition of "residence" set

11

forth in section 9792 (relating to definitions) every 30 days

12

through the use of a nonforwardable verification form to the

13

last reported location where the individual receives mail. The

14

individual shall appear every 30 days at an approved

15

registration site to complete a verification form and to be

16

photographed. The individual shall appear within 48 hours of the

17

date designated by the Pennsylvania State Police.

18

(b.3)  Facilitation of monthly verification.--The

19

Pennsylvania State Police shall facilitate and administer the

20

verification process required by subsection (b.2) by:

21

(1)  sending a notice by first class United States mail

22

to an individual required to register under this subchapter

23

who has a residence as defined in paragraph (2) of the

24

definition of "residence" set forth in section 9792 at the

25

last reported location where the individual receives mail.

26

This notice shall be sent not more than ten days nor less

27

than five days prior to each of the monthly verification

28

periods and shall remind the individual of the monthly

29

verification requirement and provide a list of approved

30

registration sites; and

- 193 -

 


1

(2)  providing verification and compliance forms as

2

necessary to each approved registration site.

3

* * *

4

(d)  Failure to provide verification.--Where an offender or

5

sexually violent predator fails to provide verification of

6

residence defined in paragraph (1) of the definition of

7

"residence" set forth in section 9792 within the ten-day period

8

or the 48-hour period in the case of an offender or sexually

9

violent predator who has a residence as defined in paragraph (2)

10

of the definition of "residence" set forth in section 9792, as

11

set forth in this section, the Pennsylvania State Police shall

12

immediately notify the municipal police department of the

13

offender's or the sexually violent predator's last verified

14

residence. The local municipal police shall locate the offender

15

or sexually violent predator and arrest him for violating this

16

section. The Pennsylvania State Police shall assume

17

responsibility for locating the offender or sexually violent

18

predator and arresting him in jurisdictions where no municipal

19

police jurisdiction exists. The Pennsylvania State Police shall

20

assist any municipal police department requesting assistance

21

with locating and arresting an offender or sexually violent

22

predator who fails to verify his residence.

23

* * *

24

(f)  Effect of notice.--Neither failure on the part of the

25

Pennsylvania State Police to send nor failure of a sexually

26

violent predator or offender to receive any notice or

27

information under subsection (a.1) [or (b.1)], (b.1) or (b.3) 

28

shall relieve that predator or offender from the requirements of

29

this subchapter.

30

Section 11.  Sections 9797, 9798(a)(1)(ii) and (b), 9798.1

- 194 -

 


1

and 9799.1(2) and (4) of Title 42 are amended to read:

2

§ 9797.  Victim notification.

3

(a)  Duty to inform victim.--

4

(1)  Where the individual is determined to be a sexually

5

violent predator by a court under section 9795.4 (relating to

6

assessments), the local municipal police department or the

7

Pennsylvania State Police where no municipal police

8

jurisdiction exists shall give written notice to the sexually

9

violent predator's victim when the sexually violent predator

10

registers initially and when he notifies the Pennsylvania

11

State Police of any change of residence. [This] In the case

12

of a sexually violent predator who has a residence as defined

13

in paragraph (1) of the definition of "residence" set forth

14

in section 9792 (relating to definitions), notice shall be

15

given within 72 hours after the sexually violent predator

16

registers or notifies the Pennsylvania State Police of a

17

change of address. The notice shall contain the sexually

18

violent predator's name and the address or addresses where

19

[he resides.] the individual has a residence. In the case of

20

a sexually violent predator who has a residence as defined in

21

paragraph (2) of the definition of "residence" set forth in

22

section 9792, the notice shall contain the sexually violent

23

predator's name and the information set forth in section

24

9795.2(a)(2)(i)(A) and (B) (relating to registration

25

procedures and applicability). The notice shall be given to

26

the victim within 72 hours after the sexually violent

27

predator registers or notifies the Pennsylvania State Police

28

of a change of residence.

29

(2)  A victim may terminate the duty to inform set forth

30

in paragraph (1) by providing the local municipal police

- 195 -

 


1

department or the Pennsylvania State Police where no local

2

municipal police department exists with a written statement

3

releasing that agency from the duty to comply with this

4

section as it pertains to that victim.

5

(b)  Where an individual is not determined to be a sexually

6

violent predator.--Where an individual is not determined to be a

7

sexually violent predator by a court under section 9795.4, the

8

victim shall be notified in accordance with section 201 of the

9

act of November 24, 1998 (P.L.882, No.111), known as the Crime

10

Victims Act. This subsection includes the circumstance of an

11

offender having a residence as defined in paragraph (2) of the

12

definition of "residence" set forth in section 9792.

13

§ 9798.  Other notification.

14

(a)  Notice by municipality's chief law enforcement

15

officer.--Notwithstanding any of the provisions of 18 Pa.C.S.

16

Ch. 91 (relating to criminal history record information), the

17

chief law enforcement officer of the full-time or part-time

18

police department of the municipality where a sexually violent

19

predator lives shall be responsible for providing written notice

20

as required under this section.

21

(1)  The notice shall contain:

22

* * *

23

(ii)  The address or addresses at which [he resides]

24

the sexually violent predator has a residence. If,

25

however, the sexually violent predator has a residence as

26

defined in paragraph (2) of the definition of "residence"

27

set forth in section 9792 (relating to definitions), the

28

notice shall be limited to that set forth in section

29

9795.2(a)(2)(i)(C) (relating to registration procedures

30

and applicability).

- 196 -

 


1

* * *

2

(b)  To whom written notice is provided.--The chief law

3

enforcement officer shall provide written notice, under

4

subsection (a), to the following persons:

5

(1)  Neighbors of the sexually violent predator. As used

6

in this paragraph, where the sexually violent predator lives

7

in a common interest community, the term "neighbor" includes

8

the unit owners' association and residents of the common

9

interest community.

10

(2)  The director of the county children and youth

11

service agency of the county where the sexually violent

12

predator [resides] has a residence.

13

(3)  The superintendent of each school district and the

14

equivalent official for private and parochial schools

15

enrolling students up through grade 12 in the municipality

16

where the sexually violent predator [resides] has a

17

residence.

18

(3.1)  The superintendent of each school district and the

19

equivalent official for each private and parochial school

20

located within a one-mile radius of where the sexually

21

violent predator [resides] has a residence.

22

(4)  The licensee of each certified day care center and

23

licensed preschool program and owner/operator of each

24

registered family day care home in the municipality where the

25

sexually violent predator [resides] has a residence.

26

(5)  The president of each college, university and

27

community college located within 1,000 feet of a sexually

28

violent predator's residence.

29

* * *

30

§ 9798.1.  Information made available on the Internet and

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1

electronic notification.

2

(a)  Legislative findings.--It is hereby declared to be the

3

finding of the General Assembly that public safety will be

4

enhanced by making information about sexually violent predators,

5

lifetime registrants and other sex offenders available to the

6

public through the Internet and electronic notification.

7

Knowledge of whether a person is a sexually violent predator,

8

lifetime registrant or other sex offender could be a significant

9

factor in protecting oneself and one's family members, or those

10

in care of a group or community organization, from recidivist

11

acts by sexually violent predators, lifetime registrants and

12

other sex offenders. The technology afforded by the Internet and

13

electronic notification would make this information readily

14

accessible to parents and private entities, enabling them to

15

undertake appropriate remedial precautions to prevent or avoid

16

placing potential victims at risk. Public access to information

17

about sexually violent predators, lifetime registrants and other

18

sex offenders is intended solely as a means of public protection

19

and shall not be construed as punitive.

20

(b)  Internet posting of sexually violent predators, lifetime

21

registrants [and], other offenders and electronic

22

notification.--The Commissioner of the Pennsylvania State Police

23

shall, in the manner and form directed by the Governor:

24

(1)  Develop and maintain a system for making the

25

information described in subsection (c) publicly available by

26

electronic means so that the public may, without limitation,

27

obtain access to the information via an Internet website to

28

view an individual record or the records of all sexually

29

violent predators, lifetime registrants and other offenders

30

who are registered with the Pennsylvania State Police.

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1

(2)  Ensure that the Internet website contains warnings

2

that any person who uses the information contained therein to

3

threaten, intimidate or harass another or who otherwise

4

misuses that information may be criminally prosecuted.

5

(3)  Ensure that the Internet website contains an

6

explanation of its limitations, including statements advising

7

that a positive identification of a sexually violent

8

predator, lifetime registrant or other offender whose record

9

has been made available may be confirmed only by

10

fingerprints; that some information contained on the Internet

11

website may be outdated or inaccurate; and that the Internet

12

website is not a comprehensive listing of every person who

13

has ever committed a sex offense in Pennsylvania.

14

(4)  Strive to ensure that:

15

(i)  the information contained on the Internet

16

website is accurate;

17

(ii)  the data therein is revised and updated as

18

appropriate in a timely and efficient manner; and

19

(iii)  instructions are included on how to seek

20

correction of information which a person contends is

21

erroneous.

22

(5)  Provide on the Internet website general information

23

designed to inform and educate the public about sex offenders

24

and sexually violent predators and the operation of this

25

subchapter as well as pertinent and appropriate information

26

concerning crime prevention and personal safety, with

27

appropriate links to other relevant Internet websites

28

operated by the Commonwealth of Pennsylvania.

29

(6)  Identify when the victim is a minor with a special

30

designation. The identity of a victim of a sex offense shall

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1

not be published or posted on the Internet website.

2

(7)  Notwithstanding 18 Pa.C.S. Ch. 91 (relating to

3

criminal history record information), develop, implement and

4

maintain a process which allows members of the public to

5

receive electronic notification when an individual required

6

to register under this subchapter moves into or out of a

7

user-designated location.

8

(c)  Information permitted to be disclosed regarding

9

individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to

10

criminal history record information), the Internet website shall

11

contain the following information on each individual:

12

(1)  For sexually violent predators, the following

13

information shall be posted on the Internet website:

14

(i)  name and all known aliases;

15

(ii)  year of birth;

16

(iii)  in the case of an individual who has a

17

residence as defined in paragraph (1) of the definition

18

of "residence" set forth in section 9792 (relating to

19

definitions), the street address, municipality, county

20

and zip code of all residences, including, where

21

applicable, the name of the prison or other place of

22

confinement;

23

(iv)  the street address, municipality, county, zip

24

code and name of any institution or location at which the

25

person is enrolled as a student;

26

(v)  the municipality, county and zip code of any

27

employment location;

28

(vi)  a photograph of the offender, which shall be

29

updated not less than annually;

30

(vii)  a physical description of the offender,

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1

including sex, height, weight, eye color, hair color and

2

race;

3

(viii)  any identifying marks, including scars,

4

birthmarks and tattoos;

5

(ix)  the license plate number and description of any

6

vehicle owned or registered to the offender;

7

(x)  whether the offender is currently compliant with

8

registration requirements;

9

(xi)  whether the victim is a minor;

10

(xii)  a description of the offense or offenses which

11

triggered the application of this subchapter; [and]

12

(xiii)  the date of the offense and conviction, if

13

available; and

14

(xiv)  in the case of an individual who has a

15

residence as defined in paragraph (2) of the definition

16

of "residence" set forth in section 9792, the information

17

listed in section 9795.2(a)(2)(i)(C) (relating to

18

registration procedures and applicability), including,

19

where applicable, the name of the prison or other place

20

of confinement.

21

(2)  For all other lifetime registrants and offenders

22

subject to registration, the information set forth in

23

paragraph (1) shall be posted on the Internet website.

24

(d)  Duration of Internet posting.--

25

(1)  The information listed in subsection (c) about a

26

sexually violent predator shall be made available on the

27

Internet for the lifetime of the sexually violent predator.

28

(2)  The information listed in subsection (c) about an

29

offender who is subject to lifetime registration shall be

30

made available on the Internet for the lifetime of the

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1

offender unless the offender is granted relief under section

2

9795.5 (relating to exemption from certain notifications).

3

(3)  The information listed in subsection (c) about any

4

other offender subject to registration shall be made

5

available on the Internet for the entire period during which

6

the offender is required to register, including any extension

7

of this period pursuant to 9795.2(a)(3) (relating to

8

registration procedures and applicability).

9

§ 9799.1.  Duties of Pennsylvania State Police.

10

The Pennsylvania State Police shall:

11

* * *

12

(2)  In consultation with the Department of Corrections,

13

the Office of Attorney General, the Pennsylvania Board of

14

Probation and Parole and the chairman and the minority

15

chairman of the Judiciary Committee of the Senate and the

16

chairman and the minority chairman of the Judiciary Committee

17

of the House of Representatives, promulgate guidelines

18

necessary for the general administration of this subchapter.

19

These guidelines shall establish procedures to allow an

20

individual subject to the requirements of sections 9795.1

21

(relating to registration) and 9796 (relating to verification

22

of residence) to fulfill these requirements at approved

23

registration sites throughout this Commonwealth. This

24

paragraph includes the duty to establish procedures to allow

25

an individual who has a residence as defined in paragraph (2)

26

of the definition of "residence" set forth in section 9792

27

(relating to definitions) to fulfill the requirements

28

regarding registration at approved registration sites

29

throughout this Commonwealth. The Pennsylvania State Police

30

shall publish a list of approved registration sites in the

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1

Pennsylvania Bulletin and provide a list of approved

2

registration sites in any notices sent to individuals

3

required to register under section 9795.1. An approved

4

registration site shall be capable of submitting

5

fingerprints, photographs and any other information required

6

electronically to the Pennsylvania State Police. The

7

Pennsylvania State Police shall require that approved

8

registration sites submit fingerprints utilizing the

9

Integrated Automated Fingerprint Identification System or in

10

another manner and in such form as the Pennsylvania State

11

Police shall require. The Pennsylvania State Police shall

12

require that approved registration sites submit photographs

13

utilizing the Commonwealth Photo Imaging Network or in

14

another manner and in such form as the Pennsylvania State

15

Police shall require. Approved registration sites shall not

16

be limited to sites managed by the Pennsylvania State Police

17

and shall include sites managed by local law enforcement

18

agencies that meet the criteria for approved registration

19

sites set forth in this paragraph.

20

* * *

21

(4)  Notify, within five days of receiving the offender's

22

or the sexually violent predator's registration, the chief

23

law enforcement officers of the police departments having

24

primary jurisdiction of the municipalities in which an

25

offender or sexually violent predator [resides] has a

26

residence, is employed or enrolled as a student of the fact

27

that the offender or sexually violent predator has been

28

registered with the Pennsylvania State Police pursuant to

29

sections 9795.2 (relating to registration procedures and

30

applicability) and 9796 (relating to verification of

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1

residence).

2

* * *

3

Section 12.  Title 42 is amended by adding sections to read:

4

§ 9799.10.  Purposes of subchapter.

5

This subchapter shall be interpreted and construed to

6

effectuate the following purposes:

7

(1)  To bring the Commonwealth into substantial

8

compliance with the Adam Walsh Child Protection and Safety

9

Act of 2006 (Public Law 109-248, 120 Stat. 597).

10

(2)  To require individuals convicted of certain sexual

11

offenses to register with the Pennsylvania State Police and

12

to otherwise comply with this subchapter if those individuals

13

reside within this Commonwealth, intend to reside within this

14

Commonwealth, attend an educational institution within this

15

Commonwealth or are employed or conduct volunteer work within

16

this Commonwealth.

17

(3)  To require individuals convicted of certain sexual

18

offenses who fail to maintain a residence and are therefore

19

homeless but can still be found within the borders of this

20

Commonwealth to register with the Pennsylvania State Police.

21

(4)  To require individuals who are currently subject to

22

the criminal justice system of this Commonwealth as inmates,

23

supervised with respect to probation or parole or registrants

24

under this subchapter to register with the Pennsylvania State

25

Police and to otherwise comply with this subchapter. To the

26

extent practicable and consistent with the requirements of

27

the Adam Walsh Child Protection and Safety Act of 2006, this

28

subchapter shall be construed to maintain existing procedures

29

regarding registration of sexual offenders who are subject to

30

the criminal justice system of this Commonwealth.

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1

(5)  To provide a mechanism for members of the general

2

public to obtain information about certain sexual offenders

3

from a public Internet website and to include on that

4

Internet website a feature which will allow a member of the

5

public to enter a zip code or a geographic radius and

6

determine whether a sexual offender resides within that zip

7

code or radius.

8

(6)  To provide a mechanism for law enforcement entities

9

within this Commonwealth to obtain information about certain

10

sexual offenders and to allow law enforcement entities

11

outside this Commonwealth, including those within the Federal

12

Government, to obtain current information about certain

13

sexual offenders.

14

§ 9799.11.  Legislative findings and declaration of policy.

15

(a)  Legislative findings.--The General Assembly finds as

16

follows:

17

(1)  In 1995 the General Assembly enacted the act of

18

October 24, 1995 (1st Sp.Sess. P.L.1079, No.24), commonly

19

referred to as Megan's Law. Through this enactment, the

20

General Assembly intended to comply with legislation enacted

21

by Congress requiring that states provide for the

22

registration of sexual offenders. The Federal statute, the

23

Jacob Wetterling Crimes Against Children and Sexually Violent

24

Offender Registration Act (Public Law 103-322, 42 U.S.C.

25

14071 et seq.), has been superseded by the Adam Walsh Child

26

Protection and Safety Act of 2006 (Public Law 109-248, 120

27

Stat. 597).

28

(2)  This Commonwealth's laws regarding registration of

29

sexual offenders need to be strengthened. The Adam Walsh

30

Child Protection and Safety Act of 2006 provides a mechanism

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1

for the Commonwealth to increase its regulation of sexual

2

offenders in a manner which is nonpunitive but offers an

3

increased measure of protection to the citizens of this

4

Commonwealth.

5

(3)  If the public is provided adequate notice and

6

information about sexual offenders, the community can develop

7

constructive plans to prepare for the presence of sexual

8

offenders in the community. This allows communities to meet

9

with law enforcement to prepare and obtain information about

10

the rights and responsibilities of the community and to

11

provide education and counseling to residents, particularly

12

children.

13

(4)  Sexual offenders pose a high risk of committing

14

additional sexual offenses, and protection of the public from

15

this type of offender is a paramount governmental interest.

16

(5)  Sexual offenders have a reduced expectation of

17

privacy because of the public's interest in public safety and

18

in the effective operation of government.

19

(6)  Release of information about sexual offenders to

20

public agencies and the general public will further the

21

governmental interests of public safety and public scrutiny

22

of the criminal and mental health systems so long as the

23

information released is rationally related to the furtherance

24

of those goals.

25

(7)  Knowledge of whether a person is a sexual offender

26

could be a significant factor in protecting oneself and one's

27

family members, or those in care of a group or community

28

organization, from recidivist acts by such offenders.

29

(8)  The technology afforded by the Internet and other

30

modern electronic communication methods makes this

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1

information readily accessible to parents, minors and private

2

entities, enabling them to undertake appropriate remedial

3

precautions to prevent or avoid placing potential victims at

4

risk.

5

(b)  Declaration of policy.--The General Assembly declares as

6

follows:

7

(1)  It is the intention of the General Assembly to

8

substantially comply with the Adam Walsh Child Protection and

9

Safety Act of 2006 and to further protect the safety and

10

general welfare of the citizens of this Commonwealth by

11

providing for increased regulation of sexual offenders,

12

specifically as that regulation relates to registration of

13

sexual offenders and community notification about sexual

14

offenders.

15

(2)  It is the policy of the Commonwealth to require the

16

exchange of relevant information about sexual offenders among

17

public agencies and officials and to authorize the release of

18

necessary and relevant information about sexual offenders to

19

members of the general public as a means of assuring public

20

protection and shall not be construed as punitive.

21

§ 9799.12.  Definitions.

22

The following words and phrases when used in this subchapter

23

shall have the meanings given to them in this section unless the

24

context clearly indicates otherwise:

25

"Approved registration site."  A site in this Commonwealth

26

approved by the Pennsylvania State Police:

27

(1)  at which individuals subject to this subchapter may

28

register, update and verify information or be fingerprinted

29

and photographed as required by this subchapter;

30

(2)  which is capable of submitting fingerprints

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1

utilizing the Integrated Automated Fingerprint Identification

2

System or in another manner and in the form as the

3

Pennsylvania State Police shall require; and

4

(3)  which is capable of submitting photographs in the

5

form as the Pennsylvania State Police shall require.

6

"Board."  The State Sexual Offenders Assessment Board.

7

"Common interest community."  Includes a cooperative, a

8

condominium and a planned community where an individual by

9

virtue of an ownership interest in any portion of real estate is

10

or may become obligated by covenant, easement or agreement

11

imposed upon the owner's interest to pay any amount for real

12

property taxes, insurance, maintenance, repair, improvement,

13

management, administration or regulation of any part of the real

14

estate other than the portion or interest owned solely by the

15

individual.

16

"Convicted."  Includes conviction by entry of plea of guilty

17

or nolo contendere, conviction after trial and a finding of not

18

guilty due to insanity or of guilty but mentally ill.

19

"Employed."  Includes a vocation or employment that is full

20

time or part time for a period of time exceeding four days

21

during a seven-day period or for an aggregate period of time

22

exceeding 14 days during any calendar year, whether self-

23

employed, volunteered, financially compensated, pursuant to a

24

contract or for the purpose of governmental or educational

25

benefit.

26

"Foreign country."  Includes Canada, the United Kingdom,

27

Australia, New Zealand and a foreign country where the United

28

States Department of State in the Country Reports on Human

29

Rights Practices has concluded that an independent judiciary

30

enforced the right to a fair trial in that country during the

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1

calendar year in which the individual's conviction occurred.

2

"IAFIS."  The Integrated Automated Fingerprint Identification

3

System.

4

"Integrated Automated Fingerprint Identification System."

5

The national fingerprint and criminal history system maintained

6

by the Federal Bureau of Investigation providing automated

7

fingerprint search capabilities, latent searching capability,

8

electronic image storage and electronic exchange of fingerprints

9

and responses.

10

"Jurisdiction."  A state, the District of Columbia, the

11

Commonwealth of Puerto Rico, Guam, American Samoa, the Northern

12

Mariana Islands, the United States Virgin Islands and a

13

federally recognized Indian tribe as provided in section 127 of

14

the Adam Walsh Child Protection and Safety Act of 2006 (Public

15

Law 109-248, 42 U.S.C. § 16927).

16

"Juvenile offender."  One of the following:

17

(1)  An individual who was 14 years of age or older at

18

the time the individual committed an offense which, if

19

committed by an adult, would be classified as an offense

20

under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to

21

involuntary deviate sexual intercourse) or 3125 (relating to

22

aggravated indecent assault) or an attempt, solicitation or

23

conspiracy to commit an offense under 18 Pa.C.S § 3121, 3123

24

or 3125 and either:

25

(i)  is adjudicated delinquent for such offense on or

26

after the effective date of this section; or

27

(ii)  has been adjudicated delinquent for such

28

offense and, on the effective date of this section, is

29

subject to the jurisdiction of the court, including

30

commitment to an institution or facility set forth in

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1

section 6352(a)(3) (relating to a disposition of

2

delinquent child).

3

(2)  An individual who was 14 years of age or older at

4

the time the individual committed an offense similar to an

5

offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt,

6

solicitation or conspiracy to commit an offense similar to an

7

offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws

8

of the United States, another jurisdiction or a foreign

9

country and was adjudicated delinquent for such an offense.

10

The term does not include a sexually violent delinquent child.

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

"Military offense."  An offense specified by the United

17

States Secretary of Defense under 10 U.S.C. § 951 (relating to

18

establishment; organization; administration).

19

"Minor."  Any individual under 18 years of age.

20

"Municipality."  A city, borough, incorporated town or

21

township.

22

"NCIC."  The National Crime Information Center.

23

"Penetration."  Includes any penetration, however slight, of

24

the genitals or anus or mouth of another person with a part of

25

the person's body or a foreign object for any purpose other than

26

good faith medical, hygienic or law enforcement procedures.

27

"Predatory."  An act directed at a stranger or at a person

28

with whom a relationship has been initiated, established,

29

maintained or promoted, in whole or in part, in order to

30

facilitate or support victimization.

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1

"Registry."  The Statewide Registry of Sexual Offenders

2

established in section 9799.16(a) (relating to registry).

3

"Residence."  A location where an individual resides or is

4

domiciled or intends to be domiciled for 30 consecutive days or

5

more during a calendar year. The term includes a residence which

6

is mobile, including a houseboat, mobile home, trailer or

7

recreational vehicle.

8

"Sexual offender."  An individual required to register under

9

this subchapter.

10

"Sexually violent delinquent child."  As defined in section

11

6402 (relating to definitions).

12

"Sexually violent offense."  An offense specified in section

13

9799.14 (relating to sexual offenses and tier system) as a Tier

14

I, Tier II or Tier III sexual offense.

15

"Sexually violent predator."  An individual convicted of an

16

offense specified in:

17

(1)  section 9799.14(b)(1), (2), (3), (4), (5), (6), (7),

18

(8), (9) or (10) (relating to sexual offenses and tier

19

system) or an attempt, conspiracy or solicitation to commit

20

any offense under section 9799.14(b)(1), (2), (3), (4), (5),

21

(6), (7), (8), (9) or (10);

22

(2)  section 9799.14(c)(1), (2), (3), (4), (5) or (6) or

23

an attempt, conspiracy or solicitation to commit an offense

24

under section 9799.14(c)(1), (2), (3), (4), (5) or (6); or

25

(3)  section 9799.14(d)(1), (2), (3), (4), (5), (6), (7)

26

or (8) or an attempt, conspiracy or solicitation to commit an

27

offense under section 9799.14(d)(1), (2), (3), (4), (5), (6),

28

(7) or (8)

29

who is determined to be a sexually violent predator under

30

section 9799.24 (relating to assessments) due to a mental

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1

abnormality or personality disorder that makes the individual

2

likely to engage in predatory sexually violent offenses. The

3

term includes an individual determined to be a sexually violent

4

predator where the determination occurred in another

5

jurisdiction, a foreign country or by court martial.

6

"Student."  An individual who is enrolled in or attends a

7

public or private educational institution within this

8

Commonwealth on a full-time or part-time basis, including a

9

secondary school, trade or professional institution or

10

institution of higher education. The term does not include an

11

individual enrolled in an educational institution exclusively

12

through the Internet or via correspondence courses.

13

"Temporary lodging."  The specific location, including street

14

address, where a sexual offender is staying when away from the

15

sexual offender's residence for seven or more days.

16

"Tier I sexual offense."  An offense specified in section

17

9799.14(b) (relating to sexual offenses and tier system).

18

"Tier II sexual offense."  An offense specified in section

19

9799.14(c) (relating to sexual offenses and tier system).

20

"Tier III sexual offense."  An offense specified in section

21

9799.14(d) (relating to sexual offenses and tier system).

22

"Transient."  An individual required to register under this

23

subchapter who does not have a residence but nevertheless

24

resides in this Commonwealth in a temporary habitat or other

25

temporary place of abode or dwelling, including a homeless

26

shelter or park.

27

§ 9799.13.  Applicability.

28

The following individuals shall register with the

29

Pennsylvania State Police as provided in sections 9799.15

30

(relating to period of registration), 9799.19 (relating to

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1

initial registration) and 9799.25 (relating to verification by

2

sexual offenders and Pennsylvania State Police) and otherwise

3

comply with the provisions of this subchapter:

4

(1)  An individual who, on or after the effective date of

5

this section, has been convicted of a sexually violent

6

offense and who has a residence within this Commonwealth or

7

is a transient.

8

(2)  An individual who, on or after the effective date of

9

this section, is an inmate in a State or county correctional

10

institution of this Commonwealth, including a community

11

corrections center or a community contract facility, is being

12

supervised by the Pennsylvania Board of Probation and Parole

13

or county probation or parole or is subject to a sentence of

14

intermediate punishment and has committed a sexually violent

15

offense.

16

(3)  An individual who is required to register with the

17

Pennsylvania State Police under this subchapter prior to the

18

effective date of this section who has not fulfilled the

19

period of registration as of the effective date of this

20

section.

21

(4)  An individual who was required to register with the

22

Pennsylvania State Police pursuant to former section 9795.1

23

and:

24

(i)  has fulfilled the period of registration

25

provided in former section 9795.1(a) (relating to

26

registration) or has been removed from the registry under

27

former section 9795.5 (relating to exemption from certain

28

notifications); and

29

(ii)  on or after the effective date of this section,

30

is convicted of a sexually violent offense or convicted

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1

of an offense graded as a felony.

2

(5)  An individual who, on or after the effective date of

3

this section, was required to register with the Pennsylvania

4

State Police pursuant to this subchapter and:

5

(i)  has fulfilled the period of registration

6

provided in this subchapter; and

7

(ii)  on or after the effective date of this section,

8

is convicted of an offense graded as a felony.

9

(6)  An individual who, on or after the effective date of

10

this section, was required to register with the Pennsylvania

11

State Police pursuant to this subchapter and:

12

(i)  has been removed from the registry pursuant to

13

section 9799.17 (relating to reduction of period of

14

registration); and

15

(ii)  is subsequently convicted of an offense graded

16

as a felony.

17

(7)  An individual who, on or after the effective date of

18

this section, is required to register in a sexual offender

19

registry in another jurisdiction or in a foreign country

20

based upon a conviction for a sexually violent offense and:

21

(i)  has a residence in this Commonwealth or is a

22

transient;

23

(ii)  is employed within this Commonwealth; or

24

(iii)  is a student within this Commonwealth.

25

(8)  An individual who, on or after the effective date of

26

this section, is a juvenile offender who was adjudicated

27

delinquent within this Commonwealth or was adjudicated

28

delinquent in another jurisdiction or a foreign country and:

29

(i)  has a residence within this Commonwealth;

30

(ii)  is employed within this Commonwealth; or

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1

(iii)  is a student within this Commonwealth.

2

(9)  An individual who, on or after the effective date of

3

this section, is a sexually violent delinquent child who is

4

committed for involuntary treatment or, on the effective date

5

of this section, is under commitment receiving involuntary

6

treatment in the State-owned facility or unit as set forth in

7

Chapter 64 (relating to court-ordered involuntary treatment

8

of certain sexually violent persons).

9

§ 9799.14.  Sexual offenses and tier system.

10

(a)  Tier system established.--Sexual offenses shall be

11

classified in a three-tiered system composed of Tier I sexual

12

offenses, Tier II sexual offenses and Tier III sexual offenses.

13

(b)  Tier I sexual offenses.--The following offenses shall be

14

classified as Tier I sexual offenses:

15

(1)  18 Pa.C.S. § 2902(b) (relating to unlawful

16

restraint).

17

(2)  18 Pa.C.S. § 2903(b) (relating to false

18

imprisonment).

19

(3)  18 Pa.C.S. § 2904 (relating to interference with

20

custody of children) if the victim is a minor and the sexual

21

offender is not the victim's parent or guardian.

22

(4)  18 Pa.C.S. § 2910 (relating to luring a child into a

23

motor vehicle or structure).

24

(5)  18 Pa.C.S. § 3124.2(a) (relating to institutional

25

sexual assault).

26

(6)  18 Pa.C.S. § 3126(a)(1) (relating to indecent

27

assault).

28

(7)  (Reserved).

29

(8)  18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption

30

of minors).

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1

(9)  18 Pa.C.S. § 6312(d) (relating to sexual abuse of

2

children).

3

(10)  18 Pa.C.S. § 7507.1. (relating to invasion of

4

privacy).

5

(11)  18 U.S.C. § 1801 (relating to video voyeurism).

6

(12)  18 U.S.C. § 2252 (relating to certain activities

7

relating to material involving the sexual exploitation of

8

minors).

9

(13)  18 U.S.C. § 2252A (relating to certain activities

10

relating to material constituting or containing child

11

pornography).

12

(14)  18 U.S.C. § 2252B (relating to misleading domain

13

names on the Internet).

14

(15)  18 U.S.C. § 2252C (relating to misleading words or

15

digital images on the Internet).

16

(16)  18 U.S.C. § 2422(a) (relating to coercion and

17

enticement).

18

(17)  18 U.S.C. § 2423(b) (relating to transportation of

19

minors).

20

(18)  18 U.S.C. § 2423(c).

21

(19)  18 U.S.C. § 2424 (relating to filing factual

22

statement about alien individual).

23

(20)  18 U.S.C. § 2425 (relating to use of interstate

24

facilities to transmit information about a minor).

25

(21)  A comparable military offense or similar offense

26

under the laws of another jurisdiction or foreign country.

27

(22)  An attempt, conspiracy or solicitation to commit an

28

offense listed in paragraph (1), (2), (3), (4), (5), (6),

29

(7), (8), (9), (10), (11), (12), (13), (14), (15), (16),

30

(17), (18), (19), (20) or (21).

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1

(c)  Tier II sexual offenses.--The following offenses shall

2

be classified as Tier II sexual offenses:

3

(1)  18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8).

4

(2)  18 Pa.C.S. § 5902(b) (relating to prostitution and

5

related offenses) if the sexual offender promotes the

6

prostitution of a minor.

7

(3)  18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6)

8

(relating to obscene and other sexual materials and

9

performances).

10

(4)  18 Pa.C.S. § 6312(b) and (c) (relating to sexual

11

abuse of children).

12

(5)  18 Pa.C.S. § 6318 (relating to unlawful contact with

13

minor).

14

(6)  18 Pa.C.S. § 6320 (relating to sexual exploitation

15

of children).

16

(7)  18 U.S.C. § 1591 (relating to sex trafficking of

17

children by force, fraud, or coercion).

18

(8)  18 U.S.C. § 2243 (relating to sexual abuse of a

19

minor or ward).

20

(9)  18 U.S.C. § 2244 (relating to abusive sexual

21

contact).

22

(10)  18 U.S.C. § 2251 (relating to sexual exploitation

23

of children).

24

(11)  18 U.S.C. § 2251A (relating to selling or buying of

25

children).

26

(12)  18 U.S.C. § 2252.

27

(13)  18 U.S.C. § 2260 (relating to production of

28

sexually explicit depictions of a minor for importation into

29

the United States).

30

(14)  18 U.S.C. § 2421 (relating to transportation

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1

generally).

2

(15)  18 U.S.C. § 2422(b).

3

(16)  18 U.S.C. § 2423(a).

4

(17)  A comparable military offense or similar offense

5

under the laws of another jurisdiction or foreign country.

6

(18)  An attempt, conspiracy or solicitation to commit an

7

offense listed in paragraph (1), (2), (3), (4), (5), (6),

8

(7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or

9

(17).

10

(19)  An offense specified as a Tier I sexual offense

11

where there is a subsequent conviction for an offense graded

12

as a felony.

13

(d)  Tier III sexual offenses.--The following offenses shall

14

be classified as Tier III sexual offenses:

15

(1)  18 Pa.C.S. § 2901(a.1) (relating to kidnapping).

16

(2)  18 Pa.C.S. § 3121 (relating to rape).

17

(3)  18 Pa.C.S. § 3122.1(b) (relating to statutory sexual

18

assault).

19

(4)  18 Pa.C.S. § 3123 (relating to involuntary deviate

20

sexual intercourse).

21

(5)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

22

(6)  18 Pa.C.S. § 3124.2 if the victim is a minor.

23

(7)  18 Pa.C.S. § 3125 (relating to aggravated indecent

24

assault).

25

(8)  18 Pa.C.S. § 3126(a)(7) (relating to indecent

26

assault).

27

(9)  18 Pa.C.S. § 4302(b) (relating to incest).

28

(10)  18 U.S.C. § 2241 (relating to aggravated sexual

29

abuse).

30

(11)  18 U.S.C. § 2242 (relating to sexual abuse).

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1

(12)  18 U.S.C. § 2244.

2

(13)  A comparable military offense or similar offense

3

under the laws of another jurisdiction or country.

4

(14)  An attempt, conspiracy or solicitation to commit an

5

offense listed in paragraph (1), (2), (3), (4), (5), (6),

6

(7), (8), (9), (10), (11), (12) or (13).

7

(15)  An offense listed as a Tier II sexual offense where

8

there is a subsequent conviction for an offense graded as a

9

felony.

10

§ 9799.15.  Period of registration.

11

(a)  Period of registration.--Subject to subsection (c), an

12

individual specified in section 9799.13 (relating to

13

applicability) shall register with the Pennsylvania State Police

14

as follows:

15

(1)  An individual convicted of a Tier I sexual offense

16

shall register for a period of 15 years.

17

(2)  An individual convicted of a Tier II sexual offense

18

shall register for a period of 25 years.

19

(3)  An individual convicted of a Tier III sexual offense

20

shall register for the life of the individual.

21

(4)  A juvenile offender shall register for the life of

22

the individual.

23

(5)  A sexually violent delinquent child shall register

24

for the life of the individual.

25

(6)  A sexually violent predator shall register for the

26

life of the individual.

27

(b)  Commencement of registration.--The following apply:

28

(1)  The period of registration set forth in subsection

29

(a) shall commence as follows:

30

(i)  For an individual convicted of a sexually

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1

violent offense in this Commonwealth, the period of

2

registration shall commence upon:

3

(A)  release from incarceration in a State or

4

county correctional facility, including release to a

5

community correction center or community contract

6

facility;

7

(B)  parole or a sentence of probation; or

8

(C)  a sentence of State or county intermediate

9

punishment in which the person is not sentenced to a

10

period of incarceration.

11

(ii)  For an individual who is a juvenile offender,

12

the period of registration shall commence upon:

13

(A)  release from an institution or facility set

14

forth in section 6352(a)(3) (relating to disposition

15

of delinquent child), if the juvenile offender is, on

16

or after the effective date of this section, subject

17

to the jurisdiction of a court pursuant to a

18

disposition entered under section 6352 and is under

19

court-ordered placement in an institution or facility

20

set forth in section 6352(a)(3); or

21

(B)  probation, if the juvenile offender is, on

22

or after the effective date of this section, subject

23

to the jurisdiction of a court pursuant to a

24

disposition entered under section 6352 and is placed

25

on probation or is otherwise subject to jurisdiction

26

of a court pursuant to a disposition under section

27

6352 that did not involve out-of-home placement.

28

(iii)  For a sexually violent delinquent child, the

29

period of registration shall commence upon the earlier

30

of:

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1

(A)  transfer to involuntary outpatient treatment

2

pursuant to section 6401.1 (relating to transfer to

3

involuntary outpatient treatment); or

4

(B)  discharge from commitment to the separate,

5

State-owned facility or unit established under

6

section 6406 (relating to duty of Department of

7

Public Welfare).

8

(iv)  For an individual who is convicted of a

9

sexually violent offense in another jurisdiction or

10

foreign country or a comparable military offense, the

11

period of registration shall commence upon establishment

12

of a residence or commencement of employment or

13

enrollment as a student within this Commonwealth.

14

(2)  Notwithstanding the provisions of paragraph (1), an

15

individual specified in section 9799.13 shall initially

16

register with the Pennsylvania State Police as set forth in

17

section 9799.19 (relating to initial registration).

18

(c)  Period of registration tolled.--The following shall

19

apply:

20

(1)  The period of registration set forth in subsection

21

(a) shall be tolled for the period of time in which the

22

individual specified in section 9799.13 is:

23

(i)  incarcerated in a State or county correctional

24

institution, excluding a community contract facility or

25

community corrections center;

26

(ii)  subject to a sentence of intermediate

27

punishment which is restrictive and where the individual

28

is sentenced to a period of incarceration;

29

(iii)  committed to an institution or facility set

30

forth in section 6352(a)(3); or

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1

(iv)  committed to and receiving involuntary

2

inpatient treatment in the State-owned facility or unit

3

set forth in Chapter 64 (relating to court-ordered

4

involuntary treatment of certain sexually violent

5

persons).

6

(2)  This subsection shall apply to an individual

7

specified in section 9799.13 who is recommitted to a State or

8

county correctional institution for a parole violation or who

9

has been sentenced to an additional term of imprisonment. In

10

the case of recommitment, the Department of Corrections or

11

the county correctional facility shall notify the

12

Pennsylvania State Police of the admission of the individual.

13

(d)  Sexually violent predators.--An individual convicted of

14

a Tier I sexual offense, a Tier II sexual offense or a Tier III

15

sexual offense who is determined to be a sexually violent

16

predator under section 9799.24 (relating to assessments) shall

17

register for the life of the individual.

18

(e)  Periodic in-person appearance required.--Except as

19

provided in subsection (f) and subject to subsections (g) and

20

(h), an individual specified in section 9799.13 shall appear in

21

person at an approved registration site to provide or verify the

22

information set forth in section 9799.16(b) (relating to

23

registry) and to be photographed as follows:

24

(1)  An individual convicted of a Tier I sexual offense

25

shall appear annually.

26

(2)  An individual convicted of a Tier II sexual offense

27

shall appear semiannually.

28

(3)  An individual convicted of a Tier III sexual offense

29

shall appear quarterly.

30

(f)  Sexually violent predators.--An individual convicted of

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1

a Tier I sexual offense, a Tier II sexual offense or a Tier III

2

sexual offense who is determined to be a sexually violent

3

predator under section 9799.24 shall appear in person at an

4

approved registration site to provide or verify the information

5

set forth in section 9799.16(b) and to be photographed every 90

6

days.

7

(g)  In-person appearance to update information.--In addition

8

to the periodic in-person appearance required in subsection (e),

9

an individual specified in section 9799.13 shall appear in

10

person at an approved registration site within three business

11

days to provide current information relating to:

12

(1)  A change in name.

13

(2)  A commencement of residence, change in residence,

14

termination of residence or failure to maintain a residence,

15

thus making the individual a transient.

16

(3)  Commencement of employment, a change in the location

17

or entity in which the individual is employed or a

18

termination of employment.

19

(4)  Initial enrollment as a student, a change in

20

enrollment as a student or termination as a student.

21

(5)  A change in telephone number, including a cell phone

22

number, or a termination of telephone number, including a

23

cell phone number.

24

(6)  A change in or termination of a motor vehicle owned

25

or operated, including watercraft or aircraft. In order to

26

fulfill the requirements of this paragraph, the individual

27

must provide any license plate numbers and registration

28

numbers or other identifiers.

29

(7)  A commencement of temporary lodging, a change in

30

temporary lodging or a termination of temporary lodging. In

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1

order to fulfill the requirements of this paragraph, the

2

individual must provide the specific length of time and the

3

dates during which the individual will be temporarily lodged.

4

(8)  A change in or termination of e-mail address,

5

instant message address or any other designations used in

6

Internet communications or postings.

7

(h)  Transients, juvenile offenders and sexually violent

8

delinquent children.--If the individual specified in section

9

9799.13 is a transient, a juvenile offender or a sexually

10

violent delinquent child, the following apply:

11

(1)  If the individual is a transient, the individual

12

shall appear in person at an approved registration site to

13

provide or to verify the information set forth in section

14

9799.16(b) and to be photographed every 30 days. The duty to

15

appear in person every 30 days and to be photographed shall

16

apply until a transient establishes a residence. In the event

17

a transient establishes a residence, the requirement of

18

periodic in-person appearances set forth in subsection (c)

19

shall apply.

20

(2)  If the individual is a juvenile offender, the

21

individual shall appear at an approved registration site to

22

provide or verify the information set forth in section

23

9799.16(b) and to be photographed every 90 days.

24

(3)  If the individual is a sexually violent delinquent

25

child, the individual shall appear at an approved

26

registration site to provide or verify the information set

27

forth in section 9799.16(b) and to be photographed every 90

28

days.

29

(i)  International travel.--In addition to the periodic in-

30

person appearance required in subsection (c), an individual

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1

specified in section 9799.13 shall appear in person at an

2

approved registration site no less than 21 days in advance of

3

traveling outside of the United States. The individual shall

4

provide the following information:

5

(1)  Dates of travel, including date of return to the

6

United States.

7

(2)  Destinations.

8

(3)  Temporary lodging.

9

§ 9799.16.  Registry.

10

(a)  Establishment.--There is established a Statewide

11

registry of sexual offenders in order to carry out the

12

provisions of this subchapter. The Pennsylvania State Police

13

shall create and maintain the registry. The registry shall

14

maintain a complete and systematic index of all records required

15

regarding sexual offenders in order to comply with the Adam

16

Walsh Child Protection and Safety Act of 2006 (Public Law

17

109-248, 120 Stat. 597). The registry shall:

18

(1)  Be composed of an electronic database and digitized

19

records.

20

(2)  Be able to communicate with the Sex Offender

21

Registration and Notification Act Exchange Portal developed

22

by the United States Department of Justice, the National Sex

23

Offender Registry or any successor database which is

24

maintained by the Department of Justice and the Dru Sjodin

25

National Sex Offender Public Website maintained by the

26

Department of Justice.

27

(3)  Be able to communicate with sexual offender

28

registries established in other jurisdictions.

29

(b)  Information provided by sexual offender.--An individual

30

specified in section 9799.13 (relating to applicability) shall

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1

provide the following information which shall be included in the

2

registry:

3

(1)  Primary or given name, including an alias used by

4

the individual, nickname, pseudonym, ethnic or tribal name,

5

regardless of the context used and any designations or

6

monikers used for self-identification in Internet

7

communications or postings.

8

(2)  Designation used by the individual for purposes of

9

routing or self-identification in Internet communications or

10

postings.

11

(3)  Telephone number, including cell phone number, and

12

any other designation used by the individual for purposes of

13

routing or self-identification in telephonic communications.

14

(4)  Valid Social Security number issued to the

15

individual by the Federal Government and purported Social

16

Security number.

17

(5)  Address of each residence or intended residence. If

18

the individual enters this Commonwealth and fails to maintain

19

a residence and is therefore a transient, the individual

20

shall provide information for the registry as set forth in

21

paragraph (6).

22

(6)  If the individual is a transient, the individual

23

shall provide information about the transient's temporary

24

habitat or other temporary place of abode or dwelling,

25

including a homeless shelter or park. In addition, the

26

transient shall provide a list of places the transient eats,

27

frequents and engages in leisure activities and any planned

28

destinations, including those outside this Commonwealth. If

29

the transient changes or adds to the places listed under this

30

paragraph during a 30-day period, the transient shall list

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1

these when registering as a transient during the next 30-day

2

period. In addition, the transient shall provide the place

3

the transient receives mail, including a post office box. If

4

the transient has been designated as a sexually violent

5

predator, the transient shall state whether he is in

6

compliance with section 9799.36 (relating to counseling of

7

sexually violent predators). The duty to provide the

8

information set forth in this paragraph shall apply until the

9

transient establishes a residence. In the event a transient

10

establishes a residence, the requirements of section

11

9799.15(e) (relating to period of registration) shall apply.

12

(7)  Temporary lodging. In order to fulfill the

13

requirements of this paragraph, the individual must provide

14

the specific length of time and the dates during which the

15

individual will be temporarily lodged.

16

(8)  A passport and documents establishing immigration

17

status, which shall be copied in a digitized format for

18

inclusion in the registry.

19

(9)  Name and address where the individual is employed or

20

will be employed. In order to fulfill the requirements of

21

this paragraph, if the individual is not employed in a fixed

22

workplace, the individual shall provide information regarding

23

general travel routes and general areas where the individual

24

works.

25

(10)  Information relating to occupational and

26

professional licensing, including type of license held and

27

the license number.

28

(11)  Name and address where the individual is a student

29

or will be a student.

30

(12)  Information relating to motor vehicles owned or

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1

operated by the individual, including watercraft and

2

aircraft. In order to fulfill the requirements of this

3

paragraph, the individual shall provide a description of each

4

motor vehicle, watercraft or aircraft. The individual shall

5

provide a license plate number, registration number or other

6

identification number and the address of the place where a

7

vehicle is stored. In addition, the individual shall provide

8

the individual's license to operate a motor vehicle or other

9

identification card issued by the Commonwealth, another

10

jurisdiction or a foreign country so that the Pennsylvania

11

State Police can fulfill its responsibilities under

12

subsection (c)(7).

13

(13)  Actual date of birth and purported date of birth.

14

(14)  Form signed by the individual acknowledging the

15

individual's obligations under this subchapter provided in

16

accordance with section 9799.23 (relating to court

17

notification and classification requirements).

18

(c)  Criminal justice information.--The Pennsylvania State

19

Police shall ensure that the following information is included

20

in the registry:

21

(1)  Physical description of the individual, including a

22

general physical description and tattoos, scars and other

23

identifying marks.

24

(2)  Text of the statute defining the criminal offense

25

for which the individual is registered.

26

(3)  Criminal history record information of the

27

individual, including:

28

(i)  Dates of arrests and convictions.

29

(ii)  Status of probation, parole or supervised

30

release.

- 228 -

 


1

(iii)  Whether the individual is in compliance with

2

requirements regarding this subchapter or has absconded.

3

(iv)  Existence of any outstanding warrants.

4

(4)  Current photograph of the individual. In order to

5

fulfill the requirements of this paragraph, in addition to

6

the taking of photographs pursuant to section 9799.15(e), the

7

Pennsylvania State Police shall ensure that additional

8

photographs are taken as needed when there is a significant

9

change in appearance of the individual, including the taking

10

of a current photograph before the individual is released

11

from a State or county correctional institution or an

12

institution or facility set forth in section 6352(a)(3)

13

(relating to disposition of delinquent child) or discharged

14

from the State-owned facility or unit set forth in Chapter 64

15

(relating to court-ordered involuntary treatment of certain

16

sexually violent persons), due to:

17

(i)  the expiration of sentence, period of commitment

18

or involuntary treatment;

19

(ii)  parole or other supervised release, including

20

release to a community corrections center or a community

21

contract facility;

22

(iii)  commencement of a sentence of intermediate

23

punishment; or

24

(iv)  any other form of supervised release.

25

(5)  Set of fingerprints and palm prints of the

26

individual. In order to fulfill the requirements of this

27

paragraph, the palm prints shall be taken for the purpose of

28

submission to the Federal Bureau of Investigation Central

29

Database. The palm prints shall be submitted for entry into

30

the database.

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1

(6)  DNA sample of the individual. In order to fulfill

2

the requirements of this paragraph, the sample shall be taken

3

for the purpose of analysis and entry into the Combined DNA

4

Index System (CODIS). In addition, the sample shall be

5

analyzed and submitted for entry into CODIS.

6

(7)  Photocopy of valid driver's license or

7

identification card issued to the individual by the

8

Commonwealth, another jurisdiction or a foreign country.

9

(d)  Cooperation.--The Pennsylvania State Police shall

10

cooperate with State and county correctional institutions, the

11

Pennsylvania Board of Probation and Parole, the county office of

12

probation and parole, any court with jurisdiction over a sexual

13

offender, the chief juvenile probation officer of the court,

14

juvenile probation and parole and the Department of Public

15

Welfare to ensure that the information set forth in subsections

16

(b) and (c) is provided and placed in the registry.

17

§ 9799.17.  Reduction of period of registration.

18

(a)  General rule.--The period of registration set forth in

19

section 9799.15(a)(1) (relating to period of registration) shall

20

be reduced for an individual who was convicted of a sexually

21

violent offense and is required to register for a period of 15

22

years if all of the following apply:

23

(1)  A period of ten years has elapsed since the

24

individual was convicted of the sexually violent offense,

25

excluding:

26

(i)  Time spent incarcerated in a State or county

27

correctional facility of this Commonwealth or another

28

jurisdiction or foreign country.

29

(ii)  Time spent supervised by the Pennsylvania Board

30

of Probation and Parole or the county office of probation

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1

or parole or probation or parole office of another

2

jurisdiction or foreign country.

3

(iii)  Time spent completing a sentence of

4

intermediate punishment or completing another type of

5

supervision, including time spent in a community

6

corrections center or community contract facility of this

7

Commonwealth, another jurisdiction or foreign country.

8

(2)  The individual has not been convicted of a

9

subsequent offense graded as a misdemeanor of the second

10

degree or higher or an offense punishable by more than one

11

year's imprisonment.

12

(3)  The individual has not been convicted of a

13

subsequent sexually violent offense.

14

(4)  The individual successfully completed supervised

15

release, including probation, parole or other form of

16

supervision.

17

(5)  The individual successfully completed treatment

18

provided under section 9718.1 (relating to sexual offender

19

treatment) or treatment recognized by another jurisdiction or

20

foreign country or the United States Attorney General under

21

section 115(b)(1) of the Adam Walsh Child Protection and

22

Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16915(b)

23

(1)).

24

(b)  Juvenile offender.--An individual who is a juvenile

25

offender shall have the requirement to register terminated if

26

all of the following apply:

27

(1)  At least 25 years have elapsed since the individual

28

was:

29

(i)  adjudicated delinquent for an offense which, if

30

committed by an adult, would be classified as an offense

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1

under 18 Pa.C.S. § 3121 (relating to rape), 3123

2

(relating to involuntary deviate sexual intercourse) or

3

3125 (relating to aggravated indecent assault) or an

4

attempt, solicitation or conspiracy to commit an offense

5

under 18 Pa.C.S. § 3121, 3123 or 3125, excluding time

6

spent under the supervision of the court, including

7

commitment to an institution or facility set forth in

8

section 6352(a)(3) (relating to deposition of delinquent

9

child); or

10

(ii)  adjudicated delinquent for an offense in

11

another jurisdiction which is similar to that which if

12

committed by an adult in this Commonwealth would be

13

classified as an offense under 18 Pa.C.S. § 3121, 3123 or

14

3125 or an attempt, solicitation or conspiracy to commit

15

an offense under 18 Pa.C.S. § 3121, 3123 or 3125.

16

(2)  The individual has not been convicted of a

17

subsequent offense:

18

(i)  graded as a misdemeanor of the second degree or

19

higher; or

20

(ii)  which is punishable by a term of imprisonment

21

greater than one year.

22

(3)  The individual successfully completed court-ordered

23

supervision.

24

(4)  The individual successfully completed a treatment

25

program for sexual offenders recognized by the juvenile court

26

in this Commonwealth or another jurisdiction or the United

27

States Attorney General under section 115(b)(1) of the Adam

28

Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 

29

16915(b)(1)).

30

(c)  Procedure.--An individual who seeks to reduce the period

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1

of registration to ten years pursuant to subsection (a) and an

2

individual who seeks to terminate the obligation to register

3

pursuant to subsection (b) may petition the sentencing court for

4

reduction or termination, as appropriate. The court shall:

5

(1)  Enter an order directing the petitioner be assessed

6

by the board in accordance with section 9799.24 (relating to

7

assessments). The order for assessment shall be sent to the

8

administrative officer of the board within ten days of its

9

entry. No later than 90 days following receipt of such an

10

order, the board shall submit a written report containing its

11

assessment to the sentencing court, district attorney and the

12

attorney for the petitioner.

13

(2)  Within 120 days of the filing of the petition under

14

paragraph (1), the sentencing court shall hold a hearing to

15

determine whether to reduce the period of registration to ten

16

years or to terminate the obligation to register, as

17

appropriate. The petitioner and the district attorney shall

18

be given notice of the hearing and an opportunity to be

19

heard, the right to call witnesses, the right to call expert

20

witnesses and the right to cross-examine witnesses. The

21

petitioner shall have the right to counsel and to have a

22

lawyer appointed if the petitioner cannot afford one.

23

(3)  The sentencing court shall reduce the period of

24

registration to ten years or terminate the obligation to

25

register, as appropriate, only upon a finding of clear and

26

convincing evidence that allowing the petitioner to reduce

27

the period of registration or to terminate the obligation to

28

register, as appropriate, is not likely to pose a threat to

29

the safety of any other person.

30

(d)  Notice.--A court granting relief under this section

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1

shall notify the Pennsylvania State Police in writing within ten

2

days from the date relief is granted.

3

(e)  Right to appeal.--The petitioner and the Commonwealth

4

shall have the right to appellate review of the actions of the

5

sentencing court taken under this section. An appeal by the

6

Commonwealth shall stay the order of the sentencing court.

7

(f)  Prohibition.--This section shall not apply to an

8

individual who:

9

(1)  Has been designated as a sexually violent predator.

10

(2)  Has been convicted of a sexually violent offense who

11

is required to register for a period of 25 years.

12

(3)  Has been convicted of a sexually violent offense who

13

is required to register for a period of life.

14

(4)  Is a sexually violent delinquent child.

15

§ 9799.18.  Information sharing.

16

(a)  General rule.--The Pennsylvania State Police shall,

17

within three business days, transfer information provided by an

18

individual set forth in section 9799.13 (relating to

19

applicability) under sections 9799.15(g) and (i) (relating to

20

period of registration), 9799.16(b) (relating to registry) and

21

9799.19 (relating to initial registration) to:

22

(1)  A jurisdiction in which the individual is required

23

to register the individual's residence, employment or

24

enrollment as a student.

25

(2)  A jurisdiction in which the individual has

26

terminated the individual's residence, employment or

27

enrollment as a student.

28

(3)  The United States Attorney General, the Department

29

of Justice and the United States Marshals Service for

30

inclusion in the National Sex Offender Registry, NCIC and any

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1

other database established by such Federal agencies.

2

(4)  The district attorney of the county in which the

3

individual:

4

(i)  establishes a residence or terminates a

5

residence;

6

(ii)  commences employment or terminates employment;

7

or

8

(iii)  enrolls as a student or terminates enrollment

9

as a student.

10

(5)  The chief law enforcement officer of the police

11

department of the municipality in which the individual:

12

(i)  establishes a residence or terminates a

13

residence;

14

(ii)  commences employment or terminates employment;

15

or

16

(iii)  enrolls as a student or terminates enrollment

17

as a student.

18

(6)  The county office of probation and parole for the

19

county in which the individual:

20

(i)  establishes a residence or terminates a

21

residence;

22

(ii)  commences employment or terminates employment;

23

or

24

(iii)  enrolls as a student or terminates enrollment

25

as a student.

26

(b)  When sexual offender fails to appear.--When another

27

jurisdiction notifies this Commonwealth that a sexual offender

28

has terminated his residence, employment or enrollment as a

29

student in that jurisdiction and intends to establish a

30

residence in this Commonwealth, commence employment in this

- 235 -

 


1

Commonwealth or commence enrollment as a student in this

2

Commonwealth and that sexual offender fails to appear in this

3

Commonwealth to register, the Pennsylvania State Police shall

4

notify the other jurisdiction that the sexual offender failed to

5

appear.

6

(c)  International residence.--The Pennsylvania State Police

7

shall, within three business days, transfer information that a

8

sexual offender intends to establish residence in another

9

country to:

10

(1)  A jurisdiction in which the sexual offender is

11

required to register residence, employment or enrollment as a

12

student.

13

(2)  The United States Marshals Service.

14

(3)  The Department of Justice for inclusion in the

15

National Sex Offender Registry and NCIC.

16

(d)  International travel.--The Pennsylvania State Police

17

shall, within three business days, transfer information about

18

international travel provided by the sexual offender under

19

section 9799.15(i) to:

20

(1)  A jurisdiction in which the sexual offender is

21

required to register the sexual offender's residence,

22

employment or enrollment as a student.

23

(2)  The United States Marshals Service.

24

(3)  The Department of Justice for inclusion in the

25

National Sex Offender Registry and NCIC.

26

(e)  National Child Protection Act agencies.--The

27

Pennsylvania State Police shall, within three business days,

28

transfer such criminal history record information about a sexual

29

offender in the registry necessary to enable an agency

30

responsible for conducting employment-related background checks

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1

under section 3 of the National Child Protection Act of 1993

2

(Public Law 103-209, 42 U.S.C. 5119a) to conduct the background

3

checks.

4

§ 9799.19.  Initial registration.

5

(a)  General rule.--An individual set forth in section

6

9799.13 (relating to applicability) shall initially register

7

with the Pennsylvania State Police as set forth in this section.

8

(b)  Initial registration if incarcerated within Commonwealth

9

on effective date of section.--The following apply:

10

(1)  If the individual is, on the effective date of this

11

section, incarcerated in a State or county correctional

12

facility, the individual shall provide the information set

13

forth in section 9799.16(b) (relating to registry) to the

14

appropriate official of the State or county correctional

15

facility or the Pennsylvania Board of Probation and Parole

16

for inclusion in the registry before being released due to:

17

(i)  the expiration of sentence, in which case the

18

information shall be collected no later than ten days

19

prior to the maximum expiration date;

20

(ii)  parole;

21

(iii)  State or county intermediate punishment where

22

the sentence is restrictive and the individual is

23

sentenced to a period of incarceration in a State or

24

county correctional institution or a work release

25

facility; or

26

(iv)  special probation supervised by the

27

Pennsylvania Board of Probation and Parole.

28

(2)  For individuals set forth in paragraph (1), the

29

appropriate official of the State or county correctional

30

facility or the Pennsylvania Board of Probation and Parole

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1

shall collect and forward the information in section

2

9799.16(b) to the Pennsylvania State Police. The appropriate

3

official shall, in addition, ensure that the information set

4

forth in section 9799.16(c) is collected and forwarded to the

5

Pennsylvania State Police. The information in section

6

9799.16(b) and (c) shall be included in the registry. With

7

respect to individuals released under paragraphs (1)(ii),

8

(iii) or (iv), the State or county correctional facility

9

shall not release the individual until it receives

10

verification from the Pennsylvania State Police that it has

11

received the information set forth in section 9799.16(b) and

12

(c). Verification may take place by electronic means. With

13

respect to individuals released under paragraph (1)(i), if

14

the individual refuses to provide the information set forth

15

in section 9799.16(b), the State or county correctional

16

institution shall notify the Pennsylvania State Police or the

17

municipal police department with jurisdiction over the

18

facility of the failure to provide the information and of the

19

expected date, time and location of the release of the

20

individual.

21

(b.1)  Initial registration if sentenced to a county or State

22

correctional facility after effective date of section.--If the

23

individual is, after the effective date of this section,

24

sentenced to a period of incarceration in a county or State

25

correctional facility, the individual shall provide the

26

information set forth in section 9799.16(b) as follows:

27

(1)  At the time of sentencing, the court shall require

28

the individual to immediately report to the Office of

29

Probation and Parole serving that county to register under

30

this subchapter. The appropriate office of probation and

- 238 -

 


1

parole shall collect the information set forth in section

2

9799.16(b) from the individual and forward the information to

3

the Pennsylvania State Police. The appropriate office of

4

probation and parole shall, in addition, ensure the

5

information set forth in 9799.16(c) is collected and

6

forwarded to the Pennsylvania State Police. The information

7

in section 9799.16(b) and (c) shall be included in the

8

registry.

9

(2)  If the individual is incarcerated in a State

10

correctional facility or county correctional facility, the

11

correctional facility shall notify the Pennsylvania State

12

Police, not more than 30 days in advance of, but not later

13

than ten days prior to, the individual's release from the

14

correctional facility. The following apply:

15

(i)  The correctional facility shall ensure that the

16

information set forth in section 9799.16(b) and (c) for

17

the individual has been submitted to the Pennsylvania

18

State Police.

19

(ii)  If the information has not been submitted to

20

the Pennsylvania State Police, the correctional facility

21

shall collect the information set forth in section

22

9799.16(b) from the individual and forward the

23

information to the Pennsylvania State Police.

24

(iii)  The correctional facility shall also report

25

any changes to the information set forth in section

26

9799.16(b) and (c) on file with the Pennsylvania State

27

Police.

28

(iv)  In the case of parole, State or county

29

intermediate punishment where the sentence is restrictive

30

and the individual is sentenced to a period of

- 239 -

 


1

incarceration in a State or county correctional

2

institution or work release facility or special probation

3

supervised by the Pennsylvania Board of Probation and

4

Parole, the correctional facility may not release the

5

individual until the correctional facility receives

6

verification from the Pennsylvania State Police that the

7

Pennsylvania State Police has received the information

8

set forth in section 9799.16(b) and (c). Verification by

9

the Pennsylvania State Police may occur by electronic

10

means.

11

(v)  If the individual is scheduled to be released

12

from a State or county correctional institution due to

13

the expiration of sentence and the individual refuses to

14

provide the information set forth in section 9799.16(b),

15

the State or county correctional institution shall notify

16

the Pennsylvania State Police or the municipal police

17

department with jurisdiction over the facility of the

18

failure to provide the information and of the expected

19

date, time and location of the release of the individual.

20

(c)  Initial registration if sentenced to county intermediate

21

punishment on effective date of section.--If the individual is,

22

on the effective date of this section, sentenced to county

23

intermediate punishment which is restorative where the

24

individual is not sentenced to incarceration or to a work

25

release facility, the individual shall provide the information

26

set forth in section 9799.16(b) by appearing at an approved

27

registration site within 48 hours of the effective date of this

28

section. The appropriate official of the county office of

29

probation and parole shall ensure that the individual has

30

appeared at an approved registration site as set forth in this

- 240 -

 


1

subsection. If the individual fails to appear, the appropriate

2

official of the county office of probation and parole shall

3

notify the Pennsylvania State Police. The Pennsylvania State

4

Police shall ensure the information set forth in section

5

9799.16(c) with respect to the individual is collected and

6

entered in the registry.

7

(d)  Initial registration if sentenced to county intermediate

8

punishment after effective date of section.--If the individual

9

is, after the effective date of this section, sentenced to

10

county intermediate punishment, the following apply:

11

(1)  If the individual is sentenced to county

12

intermediate punishment which is restorative, the individual

13

shall provide the information set forth in section 9799.16(b)

14

by appearing at an approved registration site within 48 hours

15

of being sentenced. The appropriate official of the county

16

office of probation and parole shall ensure that the

17

individual has appeared at an approved registration site as

18

set forth in this paragraph. If the individual fails to

19

appear, the appropriate official of the county office of

20

probation and parole shall notify the Pennsylvania State

21

Police. The Pennsylvania State Police shall ensure the

22

information set forth in section 9799.16(c) with respect to

23

the individual is collected and entered in the registry.

24

(2)  If the individual is sentenced to county

25

intermediate punishment which is restrictive where the

26

individual is not sentenced to incarceration or to a work

27

release facility, the individual shall provide the

28

information set forth in section 9799.16(b) by appearing at

29

an approved registration site within 48 hours of being

30

sentenced. The appropriate official of the county office of

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1

probation and parole shall ensure that the individual has

2

appeared at an approved registration site as set forth in

3

this paragraph. If the individual fails to appear, the

4

appropriate official of the county office of probation and

5

parole shall notify the Pennsylvania State Police. The

6

Pennsylvania State Police shall ensure the information set

7

forth in section 9799.16(c) with respect to the individual is

8

collected and entered in the registry.

9

(e)  Initial registration if sentenced to county probation on

10

or after effective date of section.--If the individual is, on or

11

after the effective date of this section, sentenced to county

12

probation, the individual shall provide the information set

13

forth in section 9799.16(b) by appearing at an approved

14

registration site within 48 hours of being sentenced. The

15

appropriate official of the county office of probation and

16

parole shall ensure that the individual has appeared at an

17

approved registration site as set forth in this paragraph. If

18

the individual fails to appear, the appropriate official of the

19

county office of probation and parole shall notify the

20

Pennsylvania State Police. The Pennsylvania State Police shall

21

ensure the information set forth in section 9799.16(c) with

22

respect to the individual is collected and entered in the

23

registry.

24

(f)  Initial registration if being supervised by

25

Commonwealth under Interstate Compact for Adult Offender

26

Supervision.--If an individual is in this Commonwealth and is

27

being supervised by the State Board of Probation and Parole or

28

the county office of probation and parole pursuant to the

29

Interstate Compact for Adult Offender Supervision, the following

30

apply:

- 242 -

 


1

(1)  If the individual is being supervised under the

2

compact after the effective date of this section, the

3

individual shall provide the information set forth in section

4

9799.16(b) to the appropriate official of the State Board of

5

Probation and Parole or the county office of probation and

6

parole for inclusion in the registry. The appropriate

7

official shall collect the information set forth in section

8

9799.16(b) and forward the information to the Pennsylvania

9

State Police. The appropriate official shall, in addition,

10

ensure that the information set forth in section 9799.16(c)

11

is collected and forwarded to the Pennsylvania State Police.

12

If the individual fails to provide the information in section

13

9799.16(b), the appropriate official of the State Board of

14

Probation and Parole or county office of probation and parole

15

shall notify the Pennsylvania State Police.

16

(2)  If the individual is being supervised under the

17

compact on the effective date of this section, the individual

18

shall provide the information set forth in section 9799.16(b)

19

by appearing at an approved registration site within 48 hours

20

of the effective date of this section. The appropriate

21

official of the Pennsylvania Board of Probation and Parole or

22

the county office of probation and parole shall ensure that

23

the individual has appeared at an approved registration site

24

as set forth in this paragraph. If the individual fails to

25

appear, the appropriate official shall notify the

26

Pennsylvania State Police. The appropriate official shall, in

27

addition, ensure the information set forth in section

28

9799.16(c) is collected and forwarded to the Pennsylvania

29

State Police.

30

(g)  Supervision of individual convicted in Commonwealth who

- 243 -

 


1

does not intend to reside in Commonwealth.--On or after the

2

effective date of this section, an individual convicted of a

3

sexually violent offense within this Commonwealth who seeks

4

transfer of supervision to another jurisdiction pursuant to the

5

Interstate Compact for Adult Offender Supervision, shall not

6

have supervision transferred to another jurisdiction prior to

7

the individual's registration with the Pennsylvania State Police

8

as set forth in this section.

9

(h)  Initial registration of juvenile offender or sexually

10

violent delinquent child.--If the individual is a juvenile

11

offender or a sexually violent delinquent child, the following

12

apply:

13

(1)  If the individual is a juvenile offender who is

14

adjudicated delinquent by a court on or after the effective

15

date of this section, the court shall require the individual

16

to provide the information set forth in section 9799.16(b) to

17

the chief juvenile probation officer of the court at the time

18

of disposition under section 6352 (relating to disposition of

19

delinquent child). The chief juvenile probation officer shall

20

collect the information in section 9799.16(b) and (c) and

21

forward it to the Pennsylvania State Police for inclusion in

22

the registry as directed by the Pennsylvania State Police. If

23

the juvenile offender is under court-ordered placement in an

24

institution or facility set forth in section 6352(a)(3), the

25

institution or facility shall ensure the information provided

26

by the juvenile offender pursuant to section 9799.16(b) is

27

updated to reflect accurate information prior to release. The

28

institution or facility may not release the juvenile offender

29

until it receives verification from the Pennsylvania State

30

Police that the information required under section 9799.16(b)

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1

and (c) has been entered in the registry.

2

(2)  If the individual is, on the effective date of this

3

section, a juvenile offender and is subject to the

4

jurisdiction of the court pursuant to a disposition entered

5

under section 6352 and is on probation, the individual shall

6

provide the information set forth in section 9799.16(b) to

7

the chief juvenile probation officer of the court within 30

8

days of the effective date of this section. The chief

9

juvenile probation officer shall collect the information set

10

forth in section 9799.16(b) and (c) and forward it to the

11

Pennsylvania State Police for inclusion in the registry, as

12

directed by the Pennsylvania State Police.

13

(3)  If the individual is, on the effective date of this

14

section, a juvenile offender and is subject to the

15

jurisdiction of a court pursuant to a disposition entered

16

under section 6352 and is under court-ordered placement in an

17

institution or facility set forth in section 6352, the

18

director of the institution or facility or a designee shall

19

make the juvenile offender available for and facilitate the

20

collection of the information set forth in section 9799.16(b)

21

and (c) as directed by the Pennsylvania State Police for

22

inclusion in the registry. The Pennsylvania State Police may

23

require the institution or facility to transport the juvenile

24

offender to and from an approved registration site in order

25

to fulfill the requirement of this paragraph. In order to

26

fulfill the requirements of this paragraph, the chief

27

juvenile probation officer of the court shall, within ten

28

days of the effective date of this section, notify the

29

director of the institution or facility and the Pennsylvania

30

State Police that the juvenile offender is required to

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1

register under this subchapter. In addition, the institution

2

or facility shall ensure that the information provided by the

3

juvenile offender pursuant to section 9799.16(b) is updated

4

to reflect accurate information prior to release. The

5

juvenile offender may not be released until the institution

6

or facility receives verification from the Pennsylvania State

7

Police that the information required under section 9799.16(b)

8

and (c) has been entered into the registry.

9

(4)  If the individual is, on the effective date of this

10

section, a sexually violent delinquent child and receiving

11

involuntary treatment in the State-owned facility or unit

12

under Chapter 64 (relating to court-ordered involuntary

13

treatment of certain sexually violent persons), the director

14

of the facility or unit or a designee shall make the sexually

15

violent delinquent child available for and facilitate the

16

collection of the information set forth in section 9799.16(b)

17

and (c) as directed by the Pennsylvania State Police for

18

inclusion in the registry. The Pennsylvania State Police may

19

require the facility or unit to transport the sexually

20

violent delinquent child to and from an approved registration

21

site in order to fulfill the requirement of this paragraph.

22

In addition, the facility or unit shall ensure that the

23

information provided by the sexually violent delinquent child

24

pursuant to section 9799.16(b) is updated to reflect accurate

25

information prior to release. The facility or unit may not

26

release the sexually violent delinquent child until it has

27

received verification from the Pennsylvania State Police that

28

it has received the information set forth in section

29

9799.16(b) and (c).

30

(5)  If the individual is, on or after the effective date

- 246 -

 


1

of this section, determined by the court to be a sexually

2

violent delinquent child and committed for involuntary

3

treatment to the State-owned facility or unit under Chapter

4

64, the following apply:

5

(i)  The court shall require the individual to

6

provide the information set forth in section 9799.16(b)

7

to the chief juvenile probation officer of the court at

8

the time of commitment. The chief juvenile probation

9

officer shall collect and forward the information to the

10

Pennsylvania State Police for inclusion in the registry.

11

The chief juvenile probation officer shall, at the time

12

of commitment, also ensure that the information set forth

13

in section 9799.16(c) is collected and forwarded to the

14

Pennsylvania State Police for inclusion in the registry.

15

The Pennsylvania State Police may require the facility or

16

unit to transport the sexually violent delinquent child

17

to and from an approved registration site in order to

18

fulfill the requirement of initial registration at the

19

time of commitment.

20

(ii)  The facility or unit shall ensure that the

21

information provided by the sexually violent delinquent

22

child pursuant to section 9799.16(b) is updated to

23

reflect accurate information prior to transfer to

24

involuntary outpatient treatment pursuant to section

25

6404.1 (relating to transfer to involuntary outpatient

26

treatment) or discharge. The court may not discharge the

27

sexually violent delinquent child from the facility or

28

unit until it has received verification from the

29

Pennsylvania State Police that the information required

30

under section 9799.16(b) and (c) has been entered in the

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1

registry.

2

(i)  Initial registration if convicted outside

3

Commonwealth.--If the individual is, on or after the effective

4

date of this section, convicted of a sexually violent offense in

5

another jurisdiction or a foreign country or of a comparable

6

military offense, the individual shall appear in person at an

7

approved registration site to provide the information set forth

8

in section 9799.16(b) to the Pennsylvania State Police within

9

three business days of establishing residence, commencing

10

employment or commencing enrollment as a student within this

11

Commonwealth. In addition, the individual shall comply with the

12

other provisions of this subchapter, including section 9799.15

13

(relating to period of registration). If the individual fails to

14

establish a residence but nevertheless resides in this

15

Commonwealth, the individual shall register as a transient. The

16

Pennsylvania State Police shall ensure that the information set

17

forth in section 9799.16(c) with respect to the individual is

18

collected and entered in the registry.

19

(j)  Former law and initial registration.--If the individual

20

was required to register under this subchapter before the

21

effective date of this section and has not fulfilled the period

22

of registration, the individual shall appear at an approved

23

registration site to provide the information set forth in

24

section 9799.16(b) to the Pennsylvania State Police within 90

25

days of the effective date of this section. In addition, the

26

individual shall comply with the other provisions of this

27

subchapter, including section 9799.15. If the individual fails

28

to establish a residence, the individual shall register as a

29

transient. The Pennsylvania State Police shall ensure that the

30

information set forth in section 9799.16(c) with respect to the

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1

individual is collected and entered in the registry.

2

§ 9799.20.  Duty to inform.

3

In order to implement the provisions of section 9799.19

4

(relating to initial registration), the Pennsylvania State

5

Police, the court having jurisdiction over the sexual offender,

6

the chief juvenile probation officer of the court and the

7

appropriate official of the Pennsylvania Board of Probation and

8

Parole, county office of probation and parole, the Department of

9

Public Welfare or a State or county correctional institution

10

shall:

11

(1)  Inform the individual required to register of the

12

individual's duties under this subchapter.

13

(2)  Require the individual to read and sign a form

14

stating that the duty to register has been explained and that

15

the individual understands the registration requirement.

16

(3)  Collect the information required under section

17

9799.16 (b) and (c) (relating to registry) and forward the

18

information to the Pennsylvania State Police for inclusion in

19

the registry as set forth in this subchapter.

20

§ 9799.21.  Penalty.

21

An individual set forth in section 9799.13 (relating to

22

applicability) may be subject to prosecution under 18 Pa.C.S. §

23

4915.1 (relating to failure to comply with registration of

24

sexual offenders requirements) if the individual fails to:

25

(1)  register with the Pennsylvania State Police as set

26

forth in section 9799.15 (relating to period of

27

registration), 9799.19 (relating to initial registration) or

28

9799.25 (relating to verification by sexual offenders and

29

Pennsylvania State Police);

30

(2)  verify the information provided by the individual or

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1

be photographed as provided in sections 9799.15, 9799.19 and

2

9799.25; or

3

(3)  provide accurate information when registering under

4

sections 9799.15, 9799.19 and 9799.25.

5

§ 9799.22.  Enforcement.

6

(a)  Failure to comply.--When an individual set forth in

7

section 9799.13 (relating to applicability) fails to comply with

8

section 9799.21(1), (2) or (3) (relating to penalty), the

9

Pennsylvania State Police shall:

10

(1)  locate and arrest the individual for violating this

11

section; or

12

(2)  notify the municipal police department where the

13

individual has a residence, is employed or is enrolled as a

14

student. The municipal police shall locate and arrest the

15

individual for violating this section. In municipalities

16

where no municipal police department exists, the Pennsylvania

17

State Police shall proceed under paragraph (1).

18

(b)  When individual cannot be found.--In the event the

19

individual cannot be located, the Pennsylvania State Police

20

shall:

21

(1)  Enter information on the Internet website of sexual

22

offenders and in the registry indicating that the individual

23

cannot be located.

24

(2)  Provide information to the National Sex Offender

25

Registry and NCIC to reflect that the individual cannot be

26

located.

27

(3)  Notify the United States Marshals Service.

28

(4)  In cooperation with the district attorney, seek

29

issuance of a warrant for the arrest of the individual. If a

30

warrant is issued pursuant to this paragraph, the

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1

Pennsylvania State Police shall provide information to the

2

National Crime Information Center Wanted Person File to

3

reflect that a warrant has been issued for the individual's

4

arrest.

5

(c)  Notice from another jurisdiction.--When another

6

jurisdiction notifies the Commonwealth that a sexual offender

7

has terminated residence, employment or enrollment as a student

8

in that jurisdiction and intends to establish a residence in

9

this Commonwealth, commence employment in this Commonwealth or

10

commence enrollment as a student in this Commonwealth, and that

11

sexual offender fails to appear in this Commonwealth to register

12

as provided in section 9799.15 (relating to period of

13

registration), the Pennsylvania State Police shall notify the

14

other jurisdiction that the sexual offender failed to appear.

15

(d)  Duty to inform Pennsylvania State Police.--In order to

16

implement the provisions of section 9799.15 and section 9799.19

17

(relating to initial registration), the court with jurisdiction

18

over the sexual offender, the chief juvenile probation officer

19

of the court and the appropriate official of the Pennsylvania

20

Board of Probation and Parole, the county office of probation

21

and parole, the Department of Public Welfare or a State or

22

county correctional institution shall inform the Pennsylvania

23

State Police if the individual refuses to provide the

24

information required. The Pennsylvania State Police shall locate

25

and arrest the individual for a violation of 18 Pa.C.S. § 4915.1

26

(relating to failure to comply with registration of sexual

27

offenders requirements).

28

§ 9799.23.  Court notification and classification requirements.

29

(a)  Notice to sexual offenders.--At the time of sentencing

30

or disposition, in the case of a juvenile offender or sexually

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1

violent delinquent child, the court shall inform the sexual

2

offender of the provisions of this subchapter. The court shall:

3

(1)  Specifically inform the sexual offender of the duty

4

to register under this subchapter.

5

(2)  Specifically inform the sexual offender of the duty

6

to register in accordance with sections 9799.15 (relating to

7

period of registration), 9799.16(b) (relating to registry),

8

9799.19 (relating to initial registration) and 9799.25

9

(relating to verification by sexual offenders and

10

Pennsylvania State Police).

11

(3)  Specifically inform the sexual offender of the duty

12

to register with authorities in another jurisdiction within

13

three business days of:

14

(i)  Commencement of residence, change of residence,

15

termination of residence or failure to maintain a

16

residence, thus making the sexual offender a transient.

17

(ii)  Commencement of employment, a change in the

18

location or entity in which the sexual offender is

19

employed or termination of employment.

20

(iii)  Commencement of enrollment as a student, a

21

change in enrollment as a student or termination of

22

enrollment as a student.

23

(4)  In accordance with section 9799.16(c), order that

24

the fingerprints, palm prints, DNA sample and photograph of

25

the sexual offender be provided to the Pennsylvania State

26

Police upon sentencing.

27

(5)  Require the sexual offender to read and sign a form

28

stating that the duty to register under this subchapter has

29

been explained. If the sexual offender is incapable of

30

speaking, reading or writing the English language, the court

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1

shall certify the duty to register was explained to the

2

sexual offender, and the sexual offender indicated an

3

understanding of the duty.

4

(6)  Specifically classify the individual as one of the

5

following:

6

(i)  An individual convicted of a Tier I offense.

7

(ii)  An individual convicted of a Tier II offense.

8

(iii)  An individual convicted of a Tier III offense.

9

(iv)  A sexually violent predator.

10

(v)  A juvenile offender.

11

(vi)  A sexually violent delinquent child.

12

(b)  Mandatory registration.--All sexual offenders must

13

register in accordance with this subchapter. The following

14

apply:

15

(1)  Failure by the court to provide the information

16

required in this section, to correctly inform a sexual

17

offender of the sexual offender's obligations or to require a

18

sexual offender to register shall not relieve the sexual

19

offender from the requirements of this subchapter.

20

(2)  Except as provided in section 9799.17 (relating to

21

reduction of period of registration), the court shall have no

22

authority to relieve a sexual offender from the duty to

23

register under this subchapter or to modify the requirements

24

of this subchapter as they relate to the sexual offender.

25

§ 9799.24.  Assessments.

26

(a)  Order for assessment.--After conviction but before

27

sentencing, a court shall order an individual convicted of a

28

sexually violent offense to be assessed by the board. The order

29

for an assessment shall be sent to the administrative officer of

30

the board within ten days of the date of conviction for the

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1

sexually violent offense.

2

(b)  Assessment.--Upon receipt from the court of an order for

3

an assessment, a member of the board as designated by the

4

administrative officer of the board shall conduct an assessment

5

of the individual to determine if the individual should be

6

classified as a sexually violent predator. The board shall

7

establish standards for evaluations and for evaluators

8

conducting the assessments. An assessment shall include, but not

9

be limited to, an examination of the following:

10

(1)  Facts of the current offense, including:

11

(i)  Whether the offense involved multiple victims.

12

(ii)  Whether the individual exceeded the means

13

necessary to achieve the offense.

14

(iii)  The nature of the sexual contact with the

15

victim.

16

(iv)  Relationship of the individual to the victim.

17

(v)  Age of the victim.

18

(vi)  Whether the offense included a display of

19

unusual cruelty by the individual during the commission

20

of the crime.

21

(vii)  The mental capacity of the victim.

22

(2)  Prior offense history, including:

23

(i)  The individual's prior criminal record.

24

(ii)  Whether the individual completed any prior

25

sentences.

26

(iii)  Whether the individual participated in

27

available programs for sexual offenders.

28

(3)  Characteristics of the individual, including:

29

(i)  Age.

30

(ii)  Use of illegal drugs.

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1

(iii)  Any mental illness, mental disability or

2

mental abnormality.

3

(iv)  Behavioral characteristics that contribute to

4

the individual's conduct.

5

(4)  Factors that are supported in a sexual offender

6

assessment field as criteria reasonably related to the risk

7

of reoffense.

8

(c)  Release of information.--All State, county and local

9

agencies, offices and entities in this Commonwealth, including

10

juvenile probation officers, shall cooperate by providing copies

11

of records and information as requested by the board in

12

connection with the court-ordered assessment and the assessment

13

requested by the Pennsylvania Board of Probation and Parole or

14

the assessment of a delinquent child under section 6358

15

(relating to assessment of delinquent children by the State

16

Sexual Offenders Assessment Board).

17

(d)  Submission of report by board.--The board shall have 90

18

days from the date of conviction of the individual to submit a

19

written report containing its assessment to the district

20

attorney.

21

(d.1)  Summary of offense.--The board shall prepare a

22

description of the offense or offenses that trigger the

23

application of this subchapter to include, but not be limited

24

to:

25

(1)  A concise narrative of the individual's conduct.

26

(2)  Whether the victim was a minor.

27

(3)  The manner of weapon or physical force used or

28

threatened.

29

(4)  If the offense involved unauthorized entry into a

30

room or vehicle occupied by the victim.

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1

(5)  If the offense was part of a course or pattern of

2

conduct involving multiple incidents or victims.

3

(6)  Previous instances in which the individual was

4

determined guilty of an offense subject to this subchapter or

5

of a crime of violence as defined in section 9714(g)

6

(relating to sentences for second and subsequent offenses).

7

(e)  Hearing.--

8

(1)  A hearing to determine whether the individual is a

9

sexually violent predator shall be scheduled upon the

10

praecipe filed by the district attorney. The district

11

attorney upon filing a praecipe shall serve a copy of the

12

praecipe upon defense counsel together with a copy of the

13

report of the board.

14

(2)  The individual and district attorney shall be given

15

notice of the hearing and an opportunity to be heard, the

16

right to call witnesses, the right to call expert witnesses

17

and the right to cross-examine witnesses. In addition, the

18

individual shall have the right to counsel and to have an

19

attorney appointed to represent the individual if the

20

individual cannot afford one. If the individual requests

21

another expert assessment, the individual shall provide a

22

copy of the expert assessment to the district attorney prior

23

to the hearing.

24

(3)  At the hearing prior to sentencing, the court shall

25

determine whether the Commonwealth has proved by clear and

26

convincing evidence that the individual is a sexually violent

27

predator.

28

(4)  A copy of the order containing the determination of

29

the court shall be immediately submitted to the individual,

30

the district attorney, the Pennsylvania Board of Probation

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1

and Parole, the Department of Corrections, the board and the

2

Pennsylvania State Police.

3

(f)  Presentence investigation.--In all cases where the board

4

has performed an assessment under this section, copies of the

5

report shall be provided to the agency preparing the presentence

6

investigation.

7

(g)  Parole assessment.--The Pennsylvania Board of Probation

8

and Parole may request of the board that an assessment of a

9

sexual offender be conducted and that a report be provided to

10

the Pennsylvania Board of Probation and Parole prior to

11

considering a sexual offender for parole.

12

(h)  Delinquent children.--The probation officer shall notify

13

the board 90 days prior to the 20th birthday of the child of the

14

status of the delinquent child who is committed to an

15

institution or other facility pursuant to section 6352 (relating

16

to disposition of delinquent child) after having been found

17

delinquent for an act of sexual violence that if committed by an

18

adult would be a violation of 18 Pa.C.S. § 3121 (relating to

19

rape), 3123 (relating to involuntary deviate sexual

20

intercourse), 3124.1 (relating to sexual assault), 3125

21

(relating to aggravated indecent assault), 3126 (relating to

22

indecent assault) or 4302 (relating to incest), together with

23

the location of the facility where the child is committed. The

24

board shall conduct an assessment of the child, which shall

25

include the board's determination of whether or not the child is

26

in need of commitment due to a mental abnormality as defined in

27

section 6402 (relating to definitions) or a personality

28

disorder, either of which results in serious difficulty in

29

controlling sexually violent behavior, and provide a report to

30

the court within the time frames set forth in section 6358(c).

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1

The probation officer shall assist the board in obtaining access

2

to the child and any records or information as requested by the

3

board in connection with the assessment. The assessment shall be

4

conducted under subsection (b).

5

(i)  Other assessments.--Upon receipt from the court of an

6

order for an assessment under section 9799.17 (relating to 

7

reduction of period of registration), a member of the board as

8

designated by the administrative officer of the board shall

9

conduct an assessment of the individual to determine if the

10

relief sought, if granted, is likely to pose a threat to the

11

safety of any other person. The board shall establish standards

12

for evaluations and for evaluators conducting these assessments.

13

§ 9799.25.  Verification by sexual offenders and Pennsylvania

14

State Police.

15

(a)  Periodic verification.--Except for initial registration

16

as provided in section 9799.19 (relating to initial

17

registration) and in accordance with section 9799.15(a)

18

(relating to period of registration), sexual offenders shall

19

verify the information provided in section 9799.16(b) (relating

20

to registry) and be photographed as follows:

21

(1)  An individual convicted of a Tier I sexual offense

22

shall appear in person at an approved registration site once

23

per calendar year.

24

(2)  An individual convicted of a Tier II sexual offense

25

shall appear in person at an approved registration site every

26

180 days.

27

(3)  An individual convicted of a Tier III sexual offense

28

shall appear in person at an approved registration site every

29

90 days.

30

(4)  An individual designated as a sexually violent

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1

predator shall appear in person at an approved registration

2

site every 90 days.

3

(5)  A juvenile offender shall appear in person at an

4

approved registration site every 90 days.

5

(6)  A sexually violent delinquent child shall appear in

6

person at an approved registration site every 90 days.

7

(7)  A transient shall appear in person at an approved

8

registration site every 30 days.

9

(b)  Deadline.--The following apply:

10

(1)  A sexual offender shall appear as required under

11

subsection (a) within ten days of the date designated by the

12

Pennsylvania State Police. Failure to appear within ten days

13

may subject the sexual offender to prosecution under 18

14

Pa.C.S. § 4915.1 (relating to failure to comply with

15

registration of sexual offenders requirements).

16

(2)  In the case of a sexual offender who fails to appear

17

as required under this section, the Pennsylvania State Police

18

shall notify the municipal police department where the sexual

19

offender has a residence, is employed or is enrolled as a

20

student. The municipal police shall locate the sexual

21

offender and arrest the sexual offender for violating this

22

section. A municipal police department may request assistance

23

locating or arresting a sexual offender from the Pennsylvania

24

State Police. In municipalities where no municipal police

25

department exists, the Pennsylvania State Police shall locate

26

the offender and arrest the sexual offender for violating

27

this section.

28

(3)  In the case of a sexual offender who fails to appear

29

as required under this section, the Pennsylvania State Police

30

shall notify the United States Marshals Service in accordance

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1

with section 9799.22(b)(3) (relating to enforcement).

2

(c)  Facilitation of verification.--The Pennsylvania State

3

Police shall administer and facilitate the process of

4

verification of information, including compliance with

5

counseling in the case of sexually violent predators, and

6

photographing the sexual offender by:

7

(1)  Sending a notice by first class United States mail

8

to each sexual offender at the offender's last reported

9

residence or location, including a post office box. The

10

notice shall be sent not more than 30 days nor less than 15

11

days prior to the date a sexual offender is required to

12

appear pursuant to subsection (a). The notice shall remind

13

the sexual offender of the sexual offender's responsibilities

14

under this subchapter, including counseling in the case of

15

sexually violent predators, and provide a list of approved

16

registration sites.

17

(2)  Providing verification and compliance forms as

18

necessary at each approved registration site.

19

(d)  Effect of notice.--Failure to send or receive notice of

20

information under this section shall not relieve the sexual

21

offender from the requirements of this subchapter.

22

(e)  Natural disaster.--The occurrence of a natural disaster

23

or other event requiring evacuation of residences shall not

24

relieve the sexual offender of the duty to register or any other

25

duty imposed by this subchapter.

26

§ 9799.26.  Victim notification.

27

(a)  Duty to inform victim.--

28

(1)  If an offender is determined to be a sexually

29

violent predator or a sexually violent delinquent child, the

30

municipal police department or the Pennsylvania State Police,

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1

if no municipal police jurisdiction exists, shall give

2

written notice to the victim when the sexually violent

3

predator or the sexually violent delinquent child registers

4

initially under section 9799.19 (relating to initial

5

registration) or under section 9799.15(g)(2), (3) or (4)

6

(relating to period of registration). The notice shall be

7

given within 72 hours after the sexually violent predator or

8

the sexually violent delinquent child registers or notifies

9

the Pennsylvania State Police of current information under

10

section 9799.15(g). The notice shall contain the following

11

information about the sexually violent predator or sexually

12

violent delinquent child:

13

(i)  Name.

14

(ii)  Residence. This subparagraph includes whether

15

the sexually violent predator or sexually violent

16

delinquent child is a transient, in which case the notice

17

shall contain information about the transient's temporary

18

habitat or other temporary place of abode or dwelling,

19

including a homeless shelter or park. In addition, the

20

notice shall contain a list of places the transient eats,

21

frequents and engages in leisure activities.

22

(iii)  The address of employment.

23

(iv)  The address where the sexually violent predator

24

or sexually violent delinquent child is enrolled as a

25

student.

26

(2)  A victim may terminate the duty to inform set forth

27

in paragraph (1) by providing the local municipal police

28

department or the Pennsylvania State Police, if no local

29

municipal police department exists, with a written statement

30

releasing that agency from the duty to comply with this

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1

section as it pertains to that victim.

2

(b)  Individual not determined to be sexually violent

3

predator or sexually violent delinquent child.--If an individual

4

is not determined to be a sexually violent predator or a

5

sexually violent delinquent child, the victim shall be notified

6

in accordance with section 201 of the act of November 24, 1998

7

(P.L.882, No.111), known as the Crime Victims Act.

8

(c)  Electronic notification option.--In addition to

9

subsections (a) and (b), the Pennsylvania State Police shall

10

develop and implement a system that allows a victim to receive

11

electronic notification instead of the notification in

12

subsections (a) and (b) when a sexual offender provides current

13

information to the Pennsylvania State Police under subsection

14

(a).

15

§ 9799.27.  Other notification.

16

(a)  Notice.--Notwithstanding the provisions of Chapter 63

17

(relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating

18

to criminal history record information), the chief law

19

enforcement officer of the police department of the municipality

20

where a sexually violent predator or sexually violent delinquent

21

child lives or, in the case of a sexually violent predator or

22

sexually violent delinquent child failing to establish a

23

residence and being a transient, the chief law enforcement

24

officer of the police department of the transient's last known

25

habitat, shall be responsible for providing written notice as

26

required under this section. The notice shall contain:

27

(1)  The name of the individual.

28

(2)  The address of the residence of the individual. If

29

the individual is a transient, written notice under this

30

paragraph shall consist of information about the transient's

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1

temporary habitat or other temporary place of abode or

2

dwelling, including a homeless shelter or park and a list of

3

the places the transient eats, frequents and engages in

4

leisure activities.

5

(3)  The offense for which the individual was convicted,

6

sentenced by a court, adjudicated delinquent or court

7

martialed.

8

(4)  A statement that the individual has been determined

9

to be a sexually violent predator or sexually violent

10

delinquent child, which determination has or has not been

11

terminated as of a date certain.

12

(5)  A photograph of the sexually violent predator or

13

sexually violent delinquent child.

14

The notice shall not include any information that might reveal

15

the victim's name, identity and residence.

16

(b)  To whom written notice is provided.--The chief law

17

enforcement officer shall provide written notice under

18

subsection (a) to the following persons:

19

(1)  Neighbors of the sexually violent predator or

20

sexually violent delinquent child. As used in this paragraph:

21

(i)  In the case of a sexually violent predator or

22

sexually violent delinquent child being a transient,

23

"neighbor" includes residents in the area of the

24

transient's last known temporary habitat or other

25

temporary place of abode or dwelling, including a

26

homeless shelter or park.

27

(ii)  Where the sexually violent predator lives in a

28

common interest community, the term "neighbor" includes

29

the unit owners' association and residents of the common

30

interest community.

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1

(2)  The director of the county children and youth agency

2

of the county where the sexually violent predator or sexually

3

violent delinquent child has a residence or, in the case of a

4

sexually violent predator or sexually violent delinquent

5

child failing to establish a residence and being a transient,

6

the director of the county children and youth agency of the

7

county of the sexually violent predator's or sexually violent

8

delinquent child's last known temporary habitat or other

9

temporary place of abode or dwelling, including a homeless

10

shelter or park.

11

(3)  The superintendent of each school district and the

12

equivalent official for each private and parochial school

13

enrolling students up through grade 12 in the municipality

14

where the sexually violent predator or sexually violent

15

delinquent child has a residence or, in the case of a

16

sexually violent predator or sexually violent delinquent

17

child failing to establish a residence and being a transient,

18

the superintendent of each school district and the equivalent

19

official for private and parochial schools enrolling students

20

up through grade 12 in the municipality of the sexually

21

violent predator's or sexually violent delinquent child's

22

last known temporary habitat or other temporary place of

23

abode or dwelling, including a homeless shelter or park.

24

(4)  The superintendent of each school district and the

25

equivalent official for each private and parochial school

26

located within a one-mile radius of where the sexually

27

violent predator or sexually violent delinquent child has a

28

residence or, in the case of a sexually violent predator or

29

sexually violent delinquent child failing to establish a

30

residence and being a transient, the superintendent of each

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1

school district and the equivalent official for each private

2

and parochial school within a one-mile radius of the sexually

3

violent predator's or sexually violent delinquent child's

4

last known temporary habitat or other temporary place of

5

abode or dwelling, including a homeless shelter or park.

6

(5)  The licensee of each certified day-care center and

7

licensed preschool program and owner or operator of each

8

registered family day-care home in the municipality where the

9

sexually violent predator or sexually violent delinquent

10

child has a residence or, in the case of a sexually violent

11

predator or sexually violent delinquent child failing to

12

establish a residence and being a transient, the licensee of

13

each certified day-care center and licensed preschool program

14

and owner or operator of each registered family day-care home

15

in the municipality of the sexually violent predator's or

16

sexually violent delinquent child's last known temporary

17

habitat or other temporary place of abode or dwelling,

18

including a homeless shelter or park.

19

(6)  The president of each college, university and

20

community college located within 1,000 feet of where the

21

sexually violent predator or sexually violent delinquent

22

child has a residence or, in the case of a sexually violent

23

predator or sexually violent delinquent child failing to

24

establish a residence and being a transient, the president of

25

each college, university and community college located within

26

1,000 feet of the sexually violent predator's or sexually

27

violent delinquent child's last known temporary habitat or

28

other temporary place of abode or dwelling, including a

29

homeless shelter or park.

30

(c)  Notification time frames.--The municipal police

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1

department's chief law enforcement officer shall provide notice

2

within the following time frames:

3

(1)  To neighbors, notice shall be provided within five

4

days after information of the sexually violent predator's or

5

sexually violent delinquent child's release date and

6

residence has been received by the chief law enforcement

7

officer. Notwithstanding the provisions of subsections (a)

8

and (b), verbal notification may be used if written

9

notification would delay meeting the requirement of this

10

paragraph.

11

(2)  To the persons specified in subsection (b)(2), (3),

12

(4), (5) and (6), notice shall be provided within seven days

13

after the chief law enforcement officer receives information

14

regarding the sexually violent predator's or sexually violent

15

delinquent child's release date and residence.

16

(d)  Public notice.--Information provided in accordance with

17

subsection (a) shall be available to the general public upon

18

request. The information may be provided by electronic means.

19

§ 9799.28.  Public Internet website.

20

(a)  Information to be made available through Internet.--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 information

24

about individuals convicted of a sexually violent offense,

25

sexually violent predators and sexually violent delinquent

26

children publicly available by electronic means via an

27

Internet website. In order to fulfill its duties under this

28

section, the Pennsylvania State Police shall ensure that the

29

Internet website:

30

(i)  Contains a feature to permit a member of the

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1

public to obtain relevant information for an individual

2

convicted of a sexually violent offense, a sexually

3

violent predator or a sexually violent delinquent child

4

by a single query for any given zip code or geographic

5

radius set by the user.

6

(ii)  Contains a feature to allow a member of the

7

public to receive electronic notification when an

8

individual convicted of a sexually violent offense,

9

sexually violent predator or sexually violent delinquent

10

child provides information under section 9799.15(g)(2),

11

(3) or (4) (relating to period of registration) relating

12

to a geographic area chosen by the user.

13

(iii)  Includes in its design all field search

14

capabilities needed for full participation in the Dru

15

Sjodin National Sex Offender Public Website. The

16

Pennsylvania State Police shall ensure that the website

17

is able to participate in the Dru Sjodin National Sex

18

Offender Public Website as the United States Attorney

19

General may direct.

20

(iv)  Is updated within three business days with the

21

information required.

22

(2)  Include on the Internet website the following:

23

(i)  Instructions on how to seek correction of

24

information that an individual contends is erroneous.

25

(ii)  A warning that the information on the Internet

26

website should not be used to unlawfully injure, harass

27

or commit a crime against an individual convicted of a

28

sexually violent offense, a sexually violent predator or

29

a sexually violent delinquent child and that any such

30

action could result in criminal or civil penalties.

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1

(3)  Include on the Internet website an explanation of

2

its limitations, including statements advising that:

3

(i)  A positive identification of an individual

4

convicted of a sexually violent offense, sexually violent

5

predator or sexually violent delinquent child may be

6

confirmed only by fingerprints.

7

(ii)  Some information contained on the Internet

8

website may be outdated or inaccurate.

9

(iii)  The Internet website is not a comprehensive

10

listing of every person who has ever committed a sexual

11

offense in Pennsylvania.

12

(4)  Strive to ensure that the information contained on

13

the Internet website is accurate and that the data therein is

14

revised and updated as provided in paragraph (1)(iv).

15

(5)  Provide on the Internet website general information

16

designed to inform and educate the public about sexual

17

offenders and the operation of this subchapter as well as

18

pertinent and appropriate information concerning crime

19

prevention and personal safety, with appropriate links to

20

other relevant Internet websites operated by the

21

Commonwealth.

22

(b)  Required information.--Notwithstanding Chapter 63

23

(relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating

24

to criminal history record information), the Internet website

25

shall contain the following information regarding an individual

26

convicted of a sexually violent offense, a sexually violent

27

predator or a sexually violent delinquent child:

28

(1)  Name and aliases.

29

(2)  Year of birth.

30

(3)  Street address, city, county and zip code of

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1

residences and intended residences. In the case of an

2

individual convicted of a sexually violent offense, a

3

sexually violent predator or a sexually violent delinquent

4

child who fails to establish a residence and is therefore a

5

transient, the Internet website shall contain information

6

about the transient's temporary habitat or other temporary

7

place of abode or dwelling, including a homeless shelter or

8

park. In addition, the Internet website shall contain a list

9

of places the transient eats, frequents and engages in

10

leisure activities.

11

(4)  Street address, city, county and zip code of any

12

location at which an individual convicted of a sexually

13

violent offense, a sexually violent predator or a sexually

14

violent delinquent child is enrolled as a student.

15

(5)  Street address, city, county and zip code of a fixed

16

location where an individual convicted of a sexually violent

17

offense, a sexually violent predator or a sexually violent

18

delinquent child is employed. If an individual convicted of a

19

sexually violent offense, a sexually violent predator or a

20

sexually violent delinquent child is not employed at a fixed

21

address, the information shall include general travel routes

22

and general areas of work.

23

(6)  Current photograph of an individual convicted of a

24

sexually violent offense, a sexually violent predator or a

25

sexually violent delinquent child.

26

(7)  Physical description of an individual convicted of a

27

sexually violent offense, a sexually violent predator or a

28

sexually violent delinquent child.

29

(8)  License plate number and a description of a vehicle

30

owned or operated by an individual convicted of a sexually

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1

violent offense, a sexually violent predator or a sexually

2

violent delinquent child.

3

(9)  The sexually violent offense for which an individual

4

convicted of a sexually violent offense, a sexually violent

5

predator or a sexually violent delinquent child is registered

6

under this subchapter.

7

(10)  A statement whether an individual convicted of a

8

sexually violent offense, a sexually violent predator or a

9

sexually violent delinquent child is in compliance with

10

registration.

11

(11)  A statement whether the victim is a minor.

12

(c)  Prohibited information.--The public Internet website

13

established under this section shall not contain:

14

(1)  The identity of any victim.

15

(2)  The Social Security number of an individual

16

convicted of a sexually violent offense, a sexually violent

17

predator or a sexually violent delinquent child.

18

(3)  Any information relating to arrests of an individual

19

convicted of a sexually violent offense, a sexually violent

20

predator or a sexually violent delinquent child that did not

21

result in conviction.

22

(4)  Travel and immigration document numbers.

23

(d)  (Reserved).

24

(e)  Duration of posting.--The information listed in

25

subsection (b) shall be made available on the Internet website

26

unless:

27

(1)  An individual convicted of a sexually violent

28

offense and who is required to register for a period of 15

29

years is granted relief under section 9799.17 (relating to

30

reduction of period of registration).

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1

(2)  An individual convicted of a sexually violent

2

offense, a sexually violent predator or a sexually violent

3

delinquent child is deceased, in which case the Internet

4

website shall contain a notice of the death.

5

(3)  An individual convicted of a sexually violent

6

offense, a sexually violent predator or a sexually violent

7

delinquent child has terminated residence, has terminated

8

employment or has terminated enrollment as a student within

9

this Commonwealth, in which case the Internet website shall

10

contain a notice indicating such information.

11

§ 9799.29.  Administration.

12

The Governor shall direct the Pennsylvania State Police, the

13

Pennsylvania Board of Probation and Parole, the board, the

14

Department of Corrections, the Department of Transportation and

15

any other agency of the Commonwealth that the Governor deems

16

necessary to collaboratively design, develop and implement an

17

integrated and secure system of communication, storage and

18

retrieval of information to assure the timely, accurate and

19

efficient administration of this subchapter.

20

§ 9799.30.  Global positioning system technology.

21

The Pennsylvania Board of Probation and Parole and county

22

probation authorities may impose supervision conditions that

23

include tracking through global positioning system technology.

24

§ 9799.31.  Immunity for good faith conduct.

25

The following entities shall be immune from liability for

26

good faith conduct under this subchapter:

27

(1)  Agents and employees of the Pennsylvania State

28

Police and local law enforcement agencies.

29

(2)  District attorneys and their agents and employees.

30

(3)  Superintendents, administrators, teachers, employees

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1

and volunteers engaged in the supervision of children of any

2

public, private or parochial school.

3

(4)  Directors and employees of county children and youth

4

agencies.

5

(5)  Presidents or similar officers of universities and

6

colleges, including community colleges.

7

(6)  The Pennsylvania Board of Probation and Parole and

8

its agents and employees.

9

(7)  County probation and parole offices and their agents

10

and employees.

11

(8)  Licensees of certified day-care centers and

12

directors of licensed preschool programs and owners and

13

operators of registered family day-care homes and their

14

agents and employees.

15

(9)  The Department of Corrections and its agents and

16

employees.

17

(10)  County correctional facilities and their agents and

18

employees.

19

(11)  The board and its members, agents and employees.

20

(12)  Juvenile probation offices and their agents and

21

employees.

22

(13)  The Department of Public Welfare and its agents and

23

employees.

24

(14)  Institutions or facilities set forth in section

25

6352(a)(3) (relating to disposition of delinquent child) and

26

their agents and employees.

27

(15)  The unit owners' association of a common interest

28

community and its agents and employees as it relates to

29

distributing information regarding section 9799.27(b)(1)

30

(relating to other notification).

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1

§ 9799.32.  Pennsylvania State Police.

2

The Pennsylvania State Police have the following duties:

3

(1)  To create and maintain the Statewide registry of

4

sexual offenders in conformity with the provisions of this

5

subchapter.

6

(2)  In consultation with the Department of Corrections,

7

the Office of Attorney General, the Juvenile Court Judges'

8

Commission, the Administrative Office of Pennsylvania Courts,

9

the Pennsylvania Board of Probation and Parole and the

10

chairman and minority chairman of the Judiciary Committee of

11

the Senate and the chairman and minority chairman of the

12

Judiciary Committee of the House of Representatives, to

13

promulgate guidelines necessary for the general

14

administration of this subchapter. These guidelines shall

15

establish procedures to allow an individual subject to the

16

requirements of this subchapter, including a transient, to

17

fulfill these requirements at approved registration sites

18

throughout this Commonwealth. The Pennsylvania State Police

19

shall publish a list of approved registration sites in the

20

Pennsylvania Bulletin and provide a list of approved

21

registration sites in any notice sent to individuals required

22

to register under this subchapter. An approved registration

23

site shall be capable of submitting fingerprints, palm

24

prints, DNA samples and any other information required

25

electronically to the Pennsylvania State Police. The

26

Pennsylvania State Police shall require that approved

27

registration sites submit fingerprints utilizing the

28

Integrated Automated Fingerprint Identification System or in

29

another manner and in such form as the Pennsylvania State

30

Police shall require. Approved registration sites shall not

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1

be limited to sites managed by the Pennsylvania State Police

2

and shall include sites managed by local law enforcement

3

agencies that meet the criteria for approved registration

4

sites set forth in this paragraph.

5

(3)  To write regulations regarding neighbor notification

6

under section 9799.27(b)(1) (relating to other notification).

7

(4)  Within three business days, to transfer information

8

as set forth in section 9799.18 (relating to information

9

sharing).

10

(5)  To enforce the provisions of this subchapter as set

11

forth in section 9799.22 (relating to enforcement).

12

(6)  To facilitate verification of information from

13

individuals required to register under this subchapter as

14

provided in section 9799.25 (relating to verification by

15

sexual offenders and Pennsylvania State Police).

16

(7)  In consultation with the Department of Education and

17

the Pennsylvania Board of Probation and Parole, to promulgate

18

guidelines directing licensed day-care centers, licensed

19

preschool programs, schools, universities and colleges,

20

including community colleges, on the proper use and

21

administration of information received under section 9799.27.

22

(8)  In consultation with the Department of Corrections

23

and the Pennsylvania Board of Probation and Parole, to

24

promulgate guidelines directing State and county correctional

25

facilities and State and county probation and parole offices

26

regarding the completion of information, including the taking

27

of photographs, required by sexual offenders under this

28

subchapter.

29

(9)  In consultation with the Administrative Office of

30

Pennsylvania Courts, the Department of Public Welfare and the

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1

Juvenile Court Judges' Commission, to promulgate guidelines

2

regarding the completion of information required by juvenile

3

offenders and sexually violent delinquent children under this

4

subchapter.

5

§ 9799.33.  Duties of probation and parole officials.

6

(a)  Duties.--The Pennsylvania Board of Probation and Parole,

7

the county office of probation and parole and the chief juvenile

8

probation officer of the court shall:

9

(1)  Perform their respective duties set forth for the

10

Pennsylvania Board of Probation and Parole, the county office

11

of probation and parole and the chief juvenile probation

12

officer of the court in accordance with section 9799.19

13

(relating to initial registration).

14

(2)  On a form prescribed by the Pennsylvania State

15

Police, notify the Pennsylvania State Police each time a

16

sexual offender is arrested, recommitted to a State or county

17

correctional institution for a parole violation or

18

incarcerated.

19

(b)  Notification form.--The Pennsylvania Board of Probation

20

and Parole shall create a notification form which will inform

21

State and county prison and probation and parole personnel how

22

to inform sexual offenders of their duties under this

23

subchapter. In addition, the Pennsylvania Board of Probation and

24

Parole shall apply for Federal funding as provided in the Adam

25

Walsh Child Protection and Safety Act of 2006 (Public Law

26

109-248, 120 Stat. 597) to support and enhance programming using

27

global satellite positioning system technology.

28

§ 9799.34.  Duties of facilities housing sexual offenders.

29

The Department of Corrections, a county correctional

30

facility, an institution or facility set forth in section

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1

6352(a)(3) (relating to disposition of delinquent child) and the

2

separate, State-owned facility or unit established under Chapter

3

64 (relating to court-ordered involuntary treatment of certain

4

sexually violent persons), shall have the following duties:

5

(1)  To perform their respective duties in accordance

6

with section 9799.19 (relating to initial registration). This

7

paragraph includes taking a current photograph of the

8

individual required to register under this subchapter before

9

the individual is released from confinement or commitment or

10

is discharged.

11

(2)  On a form prescribed by the Pennsylvania State

12

Police, to notify the Pennsylvania State Police each time a

13

sexual offender is incarcerated, committed or released,

14

including supervised release or transfer to another

15

correctional institution or facility or institution, in the

16

case of a juvenile offender or sexually violent delinquent

17

child. This paragraph shall include a community corrections

18

center or community contract facility.

19

(3)  To assist sexual offenders registering under this

20

subchapter.

21

§ 9799.35.  Board.

22

(a)  Composition.--The board shall be composed of

23

psychiatrists, psychologists and criminal justice experts, each

24

of whom is an expert in the field of the behavior and treatment

25

of sexual offenders.

26

(b)  Appointment.--The Governor shall appoint the board

27

members.

28

(c)  Term of office.--Members of the board shall serve four-

29

year terms.

30

(d)  Compensation.--The members of the board shall be

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1

compensated at a rate of $350 per assessment and receive

2

reimbursement for their actual and necessary expenses while

3

performing the business of the board. The chairman shall receive

4

$500 additional compensation annually.

5

(e)  Staff.--Support staff for the board shall be provided by

6

the Pennsylvania Board of Probation and Parole.

7

§ 9799.36.  Counseling of sexually violent predators.

8

(a)  General rule.--A sexually violent predator shall be

9

required to attend at least monthly counseling sessions in a

10

program approved by the board and be financially responsible for

11

all fees assessed from the counseling sessions. The board shall

12

monitor the compliance of the sexually violent predator. If the

13

sexually violent predator can prove to the satisfaction of the

14

court that the sexually violent predator cannot afford to pay

15

for the counseling sessions, the sexually violent predator shall

16

nonetheless attend the counseling sessions, and the parole

17

office shall pay the requisite fees.

18

(b)  Designation in another jurisdiction.--If an individual

19

required to register under this subchapter has been designated

20

as a sexually violent predator in another jurisdiction and was

21

required to undergo counseling, the individual shall be subject

22

to the provisions of this section.

23

(c)  Penalty.--A sexually violent predator who knowingly

24

fails to attend counseling sessions as provided in this section

25

may be subject to prosecution under 18 Pa.C.S. § 4915.1

26

(relating to failure to comply with registration of sexual

27

offenders requirements).

28

§ 9799.37.  Exemption from notification for certain licensees 

29

and their employees.

30

Nothing in this subchapter shall be construed as imposing a

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1

duty upon a person licensed under the act of February 19, 1980

2

(P.L.15, No.9), known as the Real Estate Licensing and

3

Registration Act, or an employee of the person, to disclose any

4

information regarding an individual required to be included in

5

the registry pursuant to this subchapter.

6

§ 9799.38.  Annual performance audit.

7

(a)  Duties of the Attorney General.--The Attorney General

8

has the following duties:

9

(1)  To conduct a performance audit annually to determine

10

compliance with the requirements of this subchapter and any

11

guidelines promulgated under this subchapter. The audit

12

shall, at a minimum, include a review of the practices,

13

procedures and records of the Pennsylvania State Police, the

14

Pennsylvania Board of Probation and Parole, the Department of

15

Corrections, the board, the Administrative Office of

16

Pennsylvania Courts and any other State or local agency the

17

Attorney General deems necessary in order to conduct a

18

thorough and accurate performance audit.

19

(2)  To prepare an annual report of its findings and any

20

action that it recommends be taken by the Pennsylvania State

21

Police, the Pennsylvania Board of Probation and Parole, the

22

Department of Corrections, the board, the Administrative

23

Office of Pennsylvania Courts, other State or local agencies

24

and the General Assembly to ensure compliance with this

25

subchapter. The first report shall be released to the general

26

public no fewer than 18 months following the effective date

27

of this section.

28

(3)  To provide a copy of its report to the Pennsylvania

29

State Police, the Pennsylvania Board of Probation and Parole,

30

the Department of Corrections, the board, the Administrative

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1

Office of Pennsylvania Courts, State or local agencies

2

referenced in the report, the chairman and the minority

3

chairman of the Judiciary Committee of the Senate and the

4

chairman and the minority chairman of the Judiciary Committee

5

of the House of Representatives no fewer than 30 days prior

6

to its release to the general public.

7

(b)  Cooperation required.--Notwithstanding any other

8

provision of law to the contrary, the Pennsylvania State Police,

9

the Pennsylvania Board of Probation and Parole, the Department

10

of Corrections, the board, the Administrative Office of

11

Pennsylvania Courts, the Pennsylvania Commission on Sentencing

12

and any other State or local agency requested to do so shall

13

fully cooperate with the Attorney General and assist the Office

14

of Attorney General in satisfying the requirements of this

15

section. For purposes of this subsection, full cooperation shall

16

include, at a minimum, complete access to unredacted records,

17

files, reports and data systems.

18

§ 9799.39.  Photographs and fingerprinting.

19

An individual subject to registration shall submit to

20

fingerprinting and photographing as required by this subchapter.

21

Fingerprinting as required by this subchapter shall, at a

22

minimum, require submission of a full set of fingerprints and

23

palm prints. Photographing as required by this subchapter shall,

24

at a minimum, require submission to photographs of the face and

25

any scars, marks, tattoos or other unique features of the

26

individual. Fingerprints and photographs obtained under this

27

subchapter may be maintained for use under this subchapter and

28

for general law enforcement purposes.

29

§ 9799.40.  Duties of Pennsylvania Commission on Sentencing.

30

The Pennsylvania Commission on Sentencing shall establish

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1

procedures to enable courts to classify sexual offenders as

2

provided in section 9799.23 (relating to court notification and

3

classification requirements).

4

§ 9799.41.  Expiration.

5

The following provisions shall expire one year after the

6

effective date of this section:

7

Section 9718.3 (relating to sentence for failure to

8

comply with registration of sexual offenders).

9

Section 9791 (relating to legislative findings and

10

declaration of policy).

11

Section 9792 (relating to definitions).

12

Section 9795.1 (relating to registration).

13

Section 9795.2 (relating to registration procedures and

14

applicability).

15

Section 9795.3 (relating to sentencing court

16

information).

17

Section 9795.4 (relating to assessments).

18

Section 9795.5 (relating to exemption from certain

19

notifications).

20

Section 9796 (relating to verification of registration

21

information).

22

Section 9797 (relating to victim notification).

23

Section 9798 (relating to other notification).

24

Section 9798.1 (relating to information made available on

25

the Internet).

26

Section 9798.2 (relating to administration).

27

Section 9798.3 (relating to global positioning system

28

technology).

29

Section 9799 (relating to immunity for good faith

30

conduct).

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1

Section 9799.1 (relating to duties of Pennsylvania State

2

Police).

3

Section 9799.2 (relating to duties of Pennsylvania Board

4

of Probation and Parole.

5

Section 9799.3 (relating to board).

6

Section 9799.4 (relating to counseling of sexually

7

violent predators).

8

Section 9799.7 (relating to exemption from notification

9

for certain licensees and their employees).

10

Section 9799.8 (relating to annual performance audit).

11

Section 9799.9 (relating to photographs and

12

fingerprinting).

13

Section 13.  The definition of "other specified offense" in

14

section 2303 of Title 44 is amended to read:

15

§ 2303.  Definitions.

16

The following words and phrases when used in this chapter

17

shall have the meanings given to them in this section unless the

18

context clearly indicates otherwise:

19

* * *

20

"Other specified offense."  Any of the following:

21

(1)  A felony offense [or an].

22

(2)  An offense under 18 Pa.C.S. § 2910 (relating to

23

luring a child into a motor vehicle or structure) or 3126

24

(relating to indecent assault) or an attempt to commit such

25

an offense.

26

(3)  An offense subject to 42 Pa.C.S. Ch. 97 Subch. H

27

(relating to registration of sexual offenders).

28

* * *

29

Section 14.  Paragraph (4) of the definition of "eligible

30

offender" in section 4503 of Title 61 is amended to read:

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1

§ 4503.  Definitions.

2

The following words and phrases when used in this chapter

3

shall have the meanings given to them in this section unless the

4

context clearly indicates otherwise:

5

* * *

6

"Eligible offender."  A defendant or inmate convicted of a

7

criminal offense who will be committed to the custody of the

8

department and who meets all of the following eligibility

9

requirements:

10

* * *

11

(4)  Has not been found guilty or previously convicted or

12

adjudicated delinquent for violating any of the following

13

provisions or an equivalent offense under the laws of the

14

United States or one of its territories or possessions,

15

another state, the District of Columbia, the Commonwealth of

16

Puerto Rico or a foreign nation:

17

18 Pa.C.S. § 4302 (relating to incest).

18

18 Pa.C.S. § 5901 (relating to open lewdness).

19

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

20

18 Pa.C.S. § 6318 (relating to unlawful contact with

21

minor).

22

18 Pa.C.S. § 6320 (relating to sexual exploitation of

23

children).

24

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child

25

pornography).

26

Received a criminal sentence pursuant to 42 Pa.C.S.

27

§ 9712.1 (relating to sentences for certain drug offenses

28

committed with firearms).

29

Any sexually violent offense [listed under 42 Pa.C.S.

30

§ 9795.1 (relating to registration)], as defined in 42

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1

Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual

2

offenders).

3

* * *

4

Section 15.  Section 6137(a)(3.1)(ii) of Title 61 is amended

5

to read:

6

§ 6137.  Parole power.

7

(a)  General criteria for parole.--

8

* * *

9

(3.1)  * * *

10

(ii)  This paragraph shall not apply to offenders who

11

are currently serving a term of imprisonment for a crime

12

of violence as defined in 42 Pa.C.S. § 9714 (relating to

13

sentences for second and subsequent offenses) or for a

14

crime requiring registration under 42 Pa.C.S. [§ 9795.1

15

(relating to registration)] Ch. 97 Subch. H (relating to

16

registration of sexual offenders).

17

* * *

18

Section 16.  Any reference in any act or part of an act to 42

19

Pa.C.S. § 9795.1 shall be deemed a reference to 42 Pa.C.S.

20

§ 9799.15 as if fully set forth in that act or part of that act. 

21

Section 17.  This act shall apply as follows:

22

(1)  The addition of 42 Pa.C.S. § 9799.28(b)(11) shall

23

apply to persons convicted after November 30, 2006, of an

24

offense which required registration under former 42 Pa.C.S. §

25

9795.1 and to persons required to register under 42 Pa.C.S.  

26

Ch. 97 Subch. H on or after the effective date of this

27

section.

28

(2)  All individuals required to register under 42

29

Pa.C.S. Ch. 97 Subch. H on or after the effective date of

30

this paragraph.

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1

(3)  All individuals required to register under 42

2

Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to

3

the effective date of this paragraph and whose registration

4

has not expired prior to the effective date of this

5

paragraph.

6

Section 18.  This act shall take effect as follows:

7

(1)  The following provisions shall take effect

8

immediately:

9

(i)  This section.

10

(ii)  The addition of 18 Pa.C.S. § 4915(g).

11

(iii)  The amendment of 42 Pa.C.S. § 9791.

12

(iv)  The amendment of 42 Pa.C.S. § 9795.1(a) and

13

(b).

14

(v)  The amendment of 42 Pa.C.S. § 9798.1(a) and

15

(b)(7).

16

(vi)  The amendment of 42 Pa.C.S. § 9799.1(2).

17

(vii)  The addition of 42 Pa.C.S. § 9799.41.

18

(2)  The following provisions shall take effect in one

19

year:

20

(i)  The amendment of 18 Pa.C.S. § 3130(a)

21

introductory paragraph and (1) and (b).

22

(ii)  The amendment of 18 Pa.C.S. § 3141.

23

(iii)  The addition of 18 Pa.C.S. § 4915.1.

24

(iv)  The amendment of 23 Pa.C.S. § 6707(2)(ii).

25

(v)  The amendment of 42 Pa.C.S. § 6358(a) and (b).

26

(vi)  The amendment of 42 Pa.C.S. § 6403(a)(2), (b)

27

(3) and (d).

28

(vii)  The amendment of 42 Pa.C.S. § 6404.

29

(viii)  The addition of 42 Pa.C.S. § 6404.1.

30

(ix)  The addition of 42 Pa.C.S. § 6404.2.

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1

(x)  The amendment of 42 Pa.C.S. § 6406(a).

2

(xi)  The amendment of 42 Pa.C.S. § 6409.

3

(xii)  The amendment of 42 Pa.C.S. § 9718.1(a)

4

introductory paragraph and (b)(2).

5

(xiii)  The amendment of 42 Pa.C.S. § 9718.2(a) and

6

(d).

7

(xiv)  The addition of 42 Pa.C.S. § 9718.4

8

(xv)  The addition of 42 Pa.C.S. § 9799.10.

9

(xvi)  The addition of 42 Pa.C.S. § 9799.11.

10

(xvii)  The addition of 42 Pa.C.S. § 9799.12.

11

(xviii)  The addition of 42 Pa.C.S. § 9799.13.

12

(xix)  The addition of 42 Pa.C.S. § 9799.14.

13

(xx)  The addition of 42 Pa.C.S. § 9799.15.

14

(xxi)  The addition of 42 Pa.C.S. § 9799.16.

15

(xxii)  The addition of 42 Pa.C.S. § 9799.17.

16

(xxiii)  The addition of 42 Pa.C.S. § 9799.18.

17

(xxiv)  The addition of 42 Pa.C.S. § 9799.19.

18

(xxv)  The addition of 42 Pa.C.S. § 9799.20.

19

(xxvi)  The addition of 42 Pa.C.S. § 9799.21.

20

(xxvii)  The addition of 42 Pa.C.S. § 9799.22.

21

(xxviii)  The addition of 42 Pa.C.S. § 9799.23.

22

(xxix)  The addition of 42 Pa.C.S. § 9799.24.

23

(xxx)  The addition of 42 Pa.C.S. § 9799.25.

24

(xxxi)  The addition of 42 Pa.C.S. § 9799.26.

25

(xxxii)  The addition of 42 Pa.C.S. § 9799.27.

26

(xxiii)  The addition of 42 Pa.C.S. § 9799.28.

27

(xxxiv)  The addition of 42 Pa.C.S. § 9799.29.

28

(xxxv)  The addition of 42 Pa.C.S. § 9799.30.

29

(xxxvi)  The addition of 42 Pa.C.S. § 9799.31.

30

(xxxvii)  The addition of 42 Pa.C.S. § 9799.32.

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1

(xxxviii)  The addition of 42 Pa.C.S. § 9799.33.

2

(xxxix)  The addition of 42 Pa.C.S. § 9799.34.

3

(xl)  The addition of 42 Pa.C.S. § 9799.35.

4

(xli)  The addition of 42 Pa.C.S. § 9799.36.

5

(xlii)  The addition of 42 Pa.C.S. § 9799.37.

6

(xliii)  The addition of 42 Pa.C.S. § 9799.38.

7

(xliv)  The addition of 42 Pa.C.S. § 9799.39.

8

(xlv)  The addition of 42 Pa.C.S. § 9799.40.

9

(xlvi)  The amendment of the definition of "other

10

specified offense" in 44 Pa.C.S. § 2303.

11

(xlvii)  The amendment of paragraph (4) of the

12

definition of "eligible offender" in 44 Pa.C.S. § 4503.

13

(xlviii)  The amendment of 61 Pa.C.S. § 6137(a)(3.1)

14

(ii).

15

(xlix)  The amendment of 61 Pa.C.S. § 6137(a)(3.1)

16

(ii).

17

(l)  Section 16 of this act.

18

(li)  Section 17 of this act.

19

(3)  The remainder of this act shall take effect in 60

20

days.

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