PRINTER'S NO. 7
No. 7 Special Session No. 1 of 1995
INTRODUCED BY GREENLEAF, TOMLINSON, FISHER, O'PAKE, SHAFFER,
BRIGHTBILL, ANDREZESKI, WAGNER, LOEPER, WENGER, SALVATORE,
TILGHMAN, PETERSON, MELLOW, BODACK, STEWART, STOUT, BELL,
HOLL, BAKER, ROBBINS, MUSTO, STAPLETON, PORTERFIELD, RHOADES,
ARMSTRONG, MADIGAN, PUNT, SHUMAKER, LAVALLE, AFFLERBACH,
BELAN, HART, GERLACH, ULIANA, TARTAGLIONE AND KASUNIC,
JANUARY 24, 1995
REFERRED TO JUDICIARY, JANUARY 24, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for sexually
3 violent offenders.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 97 of Title 42 is amended by adding a
7 subchapter to read:
8 SUBCHAPTER H
9 REGISTRATION OF SEXUAL OFFENDERS
10 Sec.
11 9791. Definitions.
12 9792. Registration of certain offenders for ten years.
13 9793. Designation of sexually violent predators.
14 9794. Registration of sexually violent predators.
15 9795. Verification of residence.
16 9796. Notification.
1 9797. Duties of Pennsylvania State Police.
2 9798. Board.
3 9799. Sexually violent predators.
4 § 9791. Definitions.
5 The following words and phrases when used in this subchapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Board." The State Board to Assess Sexually Violent
9 Predators.
10 "Mental abnormality." A congenital or acquired condition of
11 a person that affects the emotional or volitional capacity of
12 the person in a manner that predisposes that person to the
13 commission of criminal sexual acts to a degree that makes the
14 person a menace to the health and safety of other persons.
15 "Predatory." An act directed at a stranger or at a person
16 with whom a relationship has been established or promoted for
17 the primary purpose of victimization.
18 "Sexually violent offense." Any criminal offense in
19 violation of 18 Pa.C.S. §§ 3121 (relating to rape), 3123
20 (relating to involuntary deviate sexual intercourse), 3125
21 (relating to aggravated indecent assault) and 3128(a) (relating
22 to sexual assault) and 3128(b) (relating to involuntary spousal
23 deviate sexual intercourse).
24 "Sexually violent predator." A person who has been convicted
25 of a sexually violent offense and who suffers from a mental
26 abnormality or personality disorder that makes the person likely
27 to engage in predatory sexually violent offenses.
28 § 9792. Registration of certain offenders for ten years.
29 (a) Registration.--A person convicted of any of the offenses
30 set forth in subsection (b) shall be required to register a
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1 current address with the Pennsylvania State Police upon parole
2 from a State or county correctional institution or upon the
3 commencement of a sentence of intermediate punishment or
4 probation. The period of registration shall be ten years.
5 (b) Persons required to register.--
6 (1) Persons convicted of any of the following offenses
7 where the victim was a minor:
8 18 Pa.C.S. § 2901 (relating to kidnapping).
9 18 Pa.C.S. § 2903 (relating to false imprisonment).
10 18 Pa.C.S. § 3121 (relating to rape).
11 18 Pa.C.S. § 3123 (relating to involuntary deviate
12 sexual intercourse).
13 18 Pa.C.S. § 5902 (relating to prostitution and
14 related offenses).
15 18 Pa.C.S. § 5903 (relating to obscene and other
16 sexual materials and performances).
17 (2) Persons convicted of any of the following offenses
18 regardless of the age of the victim:
19 18 Pa.C.S. § 3121.
20 18 Pa.C.S. § 3123.
21 18 Pa.C.S. § 3125 (relating to aggravated indecent
22 assault).
23 18 Pa.C.S. § 3128(a) and (b) (relating to spousal
24 sexual assault).
25 § 9793. Designation of sexually violent predators.
26 (a) Order for assessment.--After conviction, but before
27 sentencing, a court shall order a person convicted of a sexually
28 violent offense to be assessed by the board.
29 (b) Assessment.--The board shall conduct an assessment of
30 the offender to determine if the offender is a sexually violent
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1 predator.
2 (c) Submission of findings.--The board shall submit its
3 findings to the court no later than 30 days from the date of
4 conviction of the defendant.
5 (d) Court review of findings.--Upon receipt of the report by
6 the board, the court shall determine if the offender is a
7 sexually violent predator. Where the court so determines, it
8 shall state on the sentencing order that the offender has been
9 determined to be a sexually violent predator.
10 (e) Subsequent board review.--No sooner than five years
11 after the sentencing order has been entered, an offender
12 designated as a sexually violent predator may petition the court
13 for reconsideration of the determination. The court may review
14 the determination and request a new report by the board. The
15 court may enter an order terminating the designation in which
16 case the court shall notify the Pennsylvania State Police.
17 § 9794. Registration of sexually violent predators.
18 (a) Registration.--A sexually violent predator shall be
19 required to register a current address with the Pennsylvania
20 State Police upon parole from a State or county correctional
21 institution or upon the commencement of a sentence of
22 intermediate punishment or probation. The registration shall
23 continue unless the court determines the person is no longer a
24 sexually violent predator.
25 (b) Court information.--The sentencing court shall inform
26 offenders designated in section 9792 (relating to registration
27 of certain offenders for ten years) and sexually violent
28 predators designated in subsection (a) at the time of sentencing
29 of the provisions of this subchapter. The court shall:
30 (1) Specifically inform the offender of the duty to
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1 register and obtain the information required for each
2 registration.
3 (2) Specifically inform the offender of the duty to
4 inform the Pennsylvania State Police within ten days if the
5 offender changes residence.
6 (3) Specifically inform the offender of the duty to
7 register with a new law enforcement agency if the offender
8 moves to another state no later than ten days after
9 establishing residence in another state.
10 (4) Order the fingerprints and photograph of the person
11 to be provided to the Pennsylvania State Police upon
12 sentencing.
13 (5) Require the offender to read and sign a form stating
14 that the duty to register under this subchapter has been
15 explained. Where the offender is incapable of reading, the
16 court shall certify the duty to register was explained to the
17 offender and the offender indicated an understanding of the
18 duty.
19 (c) Notice by correctional institution.--Where the offender
20 is sentenced to a term of imprisonment, the prison official of
21 the State correctional institution or county prison shall no
22 later than ten days prior to the parole of the offender again
23 provide the offender with notice of the duty to register under
24 this subchapter and of the specific law enforcement agency with
25 which the offender shall register.
26 § 9795. Verification of residence.
27 (a) Quarterly verification.--The Pennsylvania State Police
28 shall verify the residence of sexually violent predators every
29 90 days through the use of a verification form. The form shall
30 be returned by the offender within ten days.
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1 (b) Annual verification.--The Pennsylvania State Police
2 shall verify the residence of offenders designated in section
3 9792 (relating to registration of certain offenders for ten
4 years) annually through the use of a residence verification
5 form. The form shall be returned by the offender within ten
6 days.
7 (c) Notification of local law enforcement agencies of change
8 in address.--A change of address of an offender required to
9 register under this subchapter reported to the Pennsylvania
10 State Police shall be immediately reported by the Pennsylvania
11 State Police to the appropriate law enforcement agency having
12 jurisdiction of the offender's new place of residence. The
13 Pennsylvania State Police shall, if the offender changes
14 residence to another state, notify the law enforcement agency
15 with which the offender must register in the new state.
16 (d) Failure to provide verification.--Where any offender
17 fails to provide verification of residence within the ten-day
18 period as set forth in section 9796 (relating to notification),
19 the Pennsylvania State Police shall immediately notify the
20 municipal police department of the offender's last verified
21 residence. The Pennsylvania State Police shall also assume
22 responsibility for tracking the offender in jurisdictions where
23 no municipal police jurisdiction exists and shall assist in the
24 tracking of missing offenders.
25 (e) Penalty.--Any offender who fails to verify his residence
26 as required in this section commits a felony of the third
27 degree.
28 § 9796. Notification.
29 (a) Victim.--The Pennsylvania State Police shall give
30 written notice to the victim of an offender when the offender
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1 registers or notifies the Pennsylvania State Police of a change
2 of address. The written notice shall be given within 72 hours
3 after the offender registers or notifies the Pennsylvania State
4 Police of a change of address. The notice shall include the
5 released offender's name and the address at which he is
6 residing.
7 (b) Neighbors.--The Pennsylvania State Police shall give
8 written notice to any person residing at a residence adjacent to
9 the address at which an offender is residing that the offender
10 has registered. The written notice shall be given within 72
11 hours after the offender registers. If possible, the written
12 notice shall be delivered in person. The Pennsylvania State
13 Police may use local law enforcement agencies to deliver the
14 notice. The notice shall include the released offender's name,
15 the address at which he is residing and the sexual offense for
16 which he was convicted. The notice shall not include the
17 victim's name. For purposes of this subsection, the term
18 "adjacent" shall include the residence addresses on either side,
19 immediately across the street and behind the residence address
20 of the offender. In addition to the notification of adjacent
21 neighbors, the Pennsylvania State Police may use such other
22 means of public notification as they deem necessary.
23 (c) Schools and children and youth agencies.--The
24 Pennsylvania State Police shall give written notice to each
25 school, whether public or private, in the municipality in which
26 the offender is residing, which enrolls children in any grades
27 kindergarten to ten, and the county's children and youth agency.
28 The written notice shall be given within seven days after the
29 offender registers. The notice shall contain the same
30 information as required in the notice under subsection (b).
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1 (d) Immunity for good faith conduct.--The Pennsylvania State
2 Police and local law enforcement agencies and employees of law
3 enforcement agencies shall be immune from liability for good
4 faith conduct under this section.
5 § 9797. Duties of Pennsylvania State Police.
6 The Pennsylvania State Police shall:
7 (1) Promulgate regulations necessary for the
8 administration of this subchapter.
9 (2) Create a notification form which will inform State
10 and county prison and probation and parole personnel how to
11 inform offenders required to register under this subchapter
12 of their duty under the law.
13 (3) Obtain the following information regarding sexually
14 violent predators from the sentencing court or State Board of
15 Probation and Parole or county probation and parole office as
16 the case may be:
17 (i) Name.
18 (ii) Identifying factors.
19 (iii) Anticipated future residence.
20 (iv) Offense history.
21 (v) Documentation of any treatment received for the
22 mental abnormality or personality disorder.
23 (4) Immediately enter the information in paragraph (3)
24 into the Criminal History Record of the offender as provided
25 in 18 Pa.C.S. Ch. 91 (relating to criminal history record
26 information) and provide the information to the law
27 enforcement agency with jurisdiction where the sexually
28 violent predator expects to reside.
29 (5) Immediately transmit the identifying information in
30 paragraph (3) and the fingerprints of the sexually violent
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1 predator to the Federal Bureau of Investigation.
2 § 9798. Board.
3 (a) Composition.--The Governor shall appoint the State Board
4 to Assess Sexually Violent Predators. The board shall be
5 composed of three persons, one psychiatrist, one psychologist
6 and one criminal justice expert, all of whom have a minimum of
7 ten years' experience and specialized training in the behavior
8 and treatment of sex offenders.
9 (b) Appointment.--The Governor shall appoint the
10 psychiatrist and psychologist board members. The Attorney
11 General shall appoint the criminal justice expert.
12 (c) Term of office.--Members of the board shall serve four-
13 year terms.
14 (d) Compensation.--The members of the board shall be
15 compensated at a rate of $125 per day and receive reimbursement
16 for their actual and necessary expenses while performing the
17 business of the board. The chairman shall receive $500
18 additional compensation per annum.
19 (e) Staff.--Support staff for the board shall be provided by
20 the Pennsylvania Board of Probation and Parole.
21 Section 9799. Sexually violent predators.
22 (a) Lifetime parole; counseling.--A person designated as a
23 sexually violent predator under this subchapter shall remain on
24 lifetime parole when released from a State or county
25 correctional facility unless the court determines the person is
26 no longer a sexually violent predator under section 9794(a)
27 (relating to registration of sexually violent predators). The
28 sexually violent predator shall be required to attend at least
29 monthly counseling sessions in a program approved by the board.
30 (b) Mandatory sentence.--When a person who has been
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1 designated as a sexually violent predator is convicted of a
2 subsequent sexually violent offense, the mandatory sentence
3 shall be life imprisonment.
4 Section 2. This act shall take effect in 180 days.
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