PRINTER'S NO. 2209
No. 1554 Session of 1998
INTRODUCED BY GREENLEAF, O'PAKE, LEMMOND, WAGNER, MELLOW,
AFFLERBACH, DELP, HOLL, KASUNIC, MUSTO, RHOADES, SLOCUM,
THOMPSON AND TOMLINSON, OCTOBER 5, 1998
REFERRED TO JUDICIARY, OCTOBER 5, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 registration of sexual offenders.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "board" in section 9792 of
7 Title 42 of the Pennsylvania Consolidated Statutes is amended
8 and the section is amended by adding a definition to read:
9 § 9792. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Board." The State [Board to Assess Sexually Violent
14 Predators] Sexual Offenders Assessment Board.
15 * * *
16 "Minor." As used in section 9793(b)(1) (relating to
17 registration of certain offenders for ten years), is any
18 individual under the age of 18 unless the age of the victim who
1 is considered a minor is otherwise defined in 18 Pa.C.S. §
2 9793(b)(1).
3 * * *
4 Section 2. Sections 9793, 9794, 9795, 9796, 9798, 9799,
5 9799.3 and 9799.6 of Title 42 are amended to read:
6 § 9793. Registration of certain offenders for ten years.
7 (a) Registration.--A person convicted of any of the offenses
8 set forth in subsection (b) shall be required to register a
9 current address with the Pennsylvania State Police upon release
10 from incarceration, upon parole from a State or county
11 correctional institution, upon the commencement of a sentence of
12 intermediate punishment or probation or where the offender is
13 under the supervision of the Pennsylvania Board of Probation and
14 Parole or a county office of probation and parole at the time of
15 enactment of this section, within 30 days of the date of
16 enactment of this section. The offender shall inform the
17 Pennsylvania State Police within ten days if the offender
18 changes residence. The offender shall register with a new law
19 enforcement agency no later than ten days after establishing
20 residence in another state. The period of registration shall be
21 ten years from the date of registration with the Pennsylvania
22 State Police prior to the expiration of the maximum term of
23 incarceration. If within the ten-year period the offender is
24 subsequently sentenced to a term of imprisonment for an offense
25 not listed in subsection (b), during the service of the sentence
26 the ten-year registration period shall be tolled until the
27 offender is released. This section shall apply to all offenders:
28 (1) Where the offender [has been] was granted parole by
29 the Pennsylvania Board of Probation and Parole or a county
30 office of probation and parole at the time of enactment of
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1 this section or will be granted parole by the Pennsylvania
2 Board of Probation and Parole or a county office of probation
3 and parole, the board or county office shall collect
4 registration information from the offender and forward that
5 registration information to the Pennsylvania State Police.
6 The Department of Corrections shall not release the offender
7 until it receives verification from the Pennsylvania State
8 Police that it has received the registration information.
9 Where the offender is scheduled to be released from a State
10 correctional facility due to the expiration of the maximum
11 term of incarceration, the Department of Corrections or
12 county correctional facility shall collect the information
13 from the offender no later than ten days prior to the maximum
14 expiration date. The Department of Corrections shall forward
15 the registration information to the Pennsylvania State
16 Police.
17 (2) Where the offender scheduled to be released from a
18 State correctional facility or county correctional facility
19 due to the maximum expiration date refuses to provide the
20 registration information, the Department of Corrections or
21 county correctional facility shall notify the Pennsylvania
22 State Police of the failure to provide registration
23 information and of the expected date, time and location of
24 the release of the offender. The chief county probation and
25 parole official in cooperation with a county correctional
26 facility shall, in accordance with established guidelines,
27 obtain the required information contained in section
28 9799.2(2) (relating to duties of Pennsylvania Board of
29 Probation and Parole) regarding offenders released from a
30 county sentence and submit the information to the
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1 Pennsylvania Board of Probation and Parole and the
2 Pennsylvania State Police. The offender in a county
3 correctional facility shall not be released from
4 incarceration or released to a sentence of probation or
5 intermediate punishment until the information has been
6 obtained and submitted as required. [The offender shall
7 inform the Pennsylvania State Police within ten days if the
8 offender changes residence. The offender shall register with
9 a new law enforcement agency no later than ten days after
10 establishing residence in another state. The period of
11 registration shall be ten years.]
12 (b) Persons required to register.--
13 (1) Persons convicted of any of the following offenses
14 that are classified as a felony and involve a victim who is a
15 minor:
16 18 Pa.C.S. § 2901 (relating to kidnapping) except by
17 a parent.
18 18 Pa.C.S. § 3121 (relating to rape).
19 18 Pa.C.S. § 3123 (relating to involuntary deviate
20 sexual intercourse).
21 18 Pa.C.S. § 3125 (relating to aggravated indecent
22 assault).
23 18 Pa.C.S. § 5902(b) (relating to prostitution and
24 related offenses).
25 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
26 obscene and other sexual materials and performances).
27 (2) Persons convicted of any of the following offenses
28 regardless of the age of the victim:
29 18 Pa.C.S. § 3121.
30 18 Pa.C.S. § 3123.
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1 18 Pa.C.S. § 3125.
2 18 Pa.C.S. § 3128(a) and (b) (relating to spousal
3 sexual assault).
4 (3) Persons convicted of 18 Pa.C.S. § 3126 (relating to
5 indecent assault) when the offense is a misdemeanor of the
6 first degree.
7 (c) Registration information.--The Pennsylvania State Police
8 shall provide the information obtained under this section and
9 sections 9795 (relating to registration of offenders) and 9796
10 (relating to verification of residence) to the chief law
11 enforcement officer of the police department of the municipality
12 in which the offender will reside. In addition, the Pennsylvania
13 State Police shall provide this officer with the address at
14 which the offender will reside following his release from
15 incarceration, parole or probation.
16 (d) Out-of-State offenders.--A person who is convicted of an
17 offense equivalent to any of the offenses listed in subsection
18 (b) in any other state or territory or the District of Columbia,
19 or in any Federal court or a person convicted of a sexual
20 offense in any other state or territory or the District of
21 Columbia or in any Federal court who was required to register
22 under a sexual offender "Megan's law" statute in the
23 jurisdiction where that person was convicted, and who, within
24 ten years of his release or parole from incarceration, makes his
25 residence in Pennsylvania shall be required to register a
26 current address with the Pennsylvania State Police and shall be
27 subject to the other provisions of this subchapter relating to
28 registration. Offenders required to register under this section
29 shall be subject to the provisions set forth in section 9798
30 (relating to other notification). The period of registration
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1 shall be for ten years from the offender's [release or parole
2 from incarceration.] date of registration with the Pennsylvania
3 State Police.
4 (e) Penalty.--Any offender who fails to register with the
5 Pennsylvania State Police as required in this section commits a
6 felony of the third degree.
7 § 9794. Designation of sexually violent predators.
8 (a) Order for assessment.--After conviction, but before
9 sentencing, a court shall order a person convicted of a sexually
10 violent offense specified in section 9793(b) (relating to
11 registration of certain offenders for ten years) to be assessed
12 by the board. The order for an assessment shall be sent to the
13 administrative officer of the board within ten days of the date
14 of conviction.
15 (b) Presumption.--An offender convicted of any offense set
16 forth in section 9793(b) shall be presumed by the board and the
17 court to be a sexually violent predator. This presumption may be
18 rebutted by the offender by clear and convincing evidence at a
19 hearing held in accordance with subsection (e).
20 (c) Assessment.--Upon receipt from the court of an order for
21 an assessment, two members of the board as designated by the
22 administrative officer of the board shall conduct an assessment
23 of the offender to determine if the offender is a sexually
24 violent predator. Such an assessment shall include, but not be
25 limited to, such factors as:
26 (1) Age of the offender.
27 (2) Offender's prior criminal record, sexual offenses as
28 well as other offenses.
29 (3) Age of the victim.
30 (4) Whether the offense involved multiple victims.
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1 (5) Use of illegal drugs by the offender.
2 (6) Whether the offender completed any prior sentence
3 and whether the offender participated in available programs
4 for sexual offenders.
5 (7) Any mental illness or mental disability of the
6 offender.
7 (8) The nature of the sexual contact with the victim and
8 whether the sexual contact was part of a demonstrated pattern
9 of abuse.
10 (9) Whether the offense included a display of unusual
11 cruelty by the offender during the commission of the crime.
12 (10) Any behavioral characteristics that contribute to
13 the offender's conduct.
14 All State, county and local agencies shall cooperate in
15 providing the necessary information as requested by the board in
16 connection with the required assessment.
17 (d) Submission of report by board.--The board shall submit a
18 written report containing its assessment to the court no later
19 than [60] 90 days from the date of conviction of the defendant.
20 Where the board members disagree on the assessment of the
21 offender, both members shall submit a written report to the
22 court.
23 (e) Court review of findings.--Upon receipt of the board's
24 report, the court shall determine if the offender is a sexually
25 violent predator. This determination shall be made based on
26 evidence presented at a hearing held prior to sentencing and
27 before the trial judge. The offender and district attorney shall
28 be given notice of the hearing and an opportunity to be heard,
29 the right to call witnesses, the right to call expert witnesses
30 and the right to cross-examine witnesses. In addition, the
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1 offender shall have the right to counsel and to have a lawyer
2 appointed to represent him if he cannot afford one. After a
3 review of all evidence presented at this hearing, the court may
4 determine whether the presumption arising under subsection (b)
5 has been rebutted and shall set forth this determination on the
6 sentencing order. A copy of the sentencing order containing the
7 determination shall be submitted to the Pennsylvania Board of
8 Probation and Parole [and], the Department of Corrections and
9 the board.
10 (f) Subsequent board review.--No sooner than one year prior
11 to release from a State or county correctional institution, or
12 in five-year intervals thereafter, an offender designated as a
13 sexually violent predator may petition the court with original
14 jurisdiction in the matter for reconsideration of the
15 determination. The court may review the determination and
16 request a new report by the board. The court may enter an order
17 terminating the designation in which case the court shall notify
18 the Pennsylvania State Police.
19 § 9795. Registration of [offenders] sexually violent predators
20 and out-of-State offenders.
21 (a) Registration of sexually violent predators.--A sexually
22 violent predator shall be required to register all current
23 addresses with the Pennsylvania State Police upon release from
24 incarceration, upon parole from a State or county correctional
25 institution or upon the commencement of a sentence of
26 intermediate punishment or probation. The [offender] sexually
27 violent predator shall inform the Pennsylvania State Police
28 within ten days if the [offender] sexually violent predator
29 changes residence. The [offender] sexually violent predator
30 shall register with a new law enforcement agency no later than
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1 ten days after establishing residence in another state. The
2 registration shall continue unless the court determines the
3 person is no longer a sexually violent predator as provided in
4 section 9794(f) (relating to designation of sexually violent
5 predators). Sexually violent predators shall register as
6 follows:
7 (1) Where the [offender] sexually violent predator has
8 been granted parole by the Pennsylvania Board of Probation
9 and Parole or is sentenced to probation or to the county
10 office of probation and parole, the board or office shall
11 collect registration information from the [offender] sexually
12 violent predator and forward that registration information to
13 the Pennsylvania State Police. The Department of Corrections
14 or county correctional facility shall not release the
15 [offender] sexually violent predator until it receives
16 verification from the Pennsylvania State Police that it has
17 received the registration information. The chief county
18 probation and parole official in cooperation with a county
19 correctional facility shall, in accordance with established
20 guidelines, obtain the required information contained in
21 section 9799.2(2) (relating to duties of Pennsylvania Board
22 of Probation and Parole) regarding sexually violent predators
23 released from a county sentence and submit the information to
24 the Pennsylvania Board of Probation and Parole and the
25 Pennsylvania State Police. The sexually violent predator in a
26 county correctional facility shall not be released to a
27 sentence of probation or intermediate punishment until the
28 information has been obtained and submitted as required.
29 (2) Where the [offender] sexually violent predator is
30 scheduled to be released from a State correctional facility
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1 or county correctional facility due to the expiration of the
2 maximum term of incarceration, the Department of Corrections
3 or county correctional facility shall collect the information
4 from the [offender] sexually violent predator no sooner than
5 45 days before the maximum expiration date and no later than
6 ten days prior to the maximum expiration date. The Department
7 of Corrections or county correctional facility shall forward
8 the registration information to the Pennsylvania State
9 Police. [Where] If the [offender] sexually violent predator
10 scheduled to be released due to the maximum expiration date
11 refuses to provide the registration information, the
12 Department of Corrections or county correctional facility
13 shall notify the Pennsylvania State Police prior to the
14 expiration of the maximum term of incarceration of the
15 failure to provide registration information and of the
16 expected date, time and location of the release of the
17 [offender] sexually violent predator. [The chief county
18 probation and parole official in cooperation with a county
19 correctional facility shall, in accordance with established
20 guidelines, obtain the required information contained in
21 section 9799.2(2) (relating to duties of Pennsylvania Board
22 of Probation and Parole) regarding offenders released from a
23 county sentence and submit the information to the
24 Pennsylvania Board of Probation and Parole and the
25 Pennsylvania State Police.] The [offender] sexually violent
26 predator in a county correctional facility shall not be
27 released from incarceration [or released to a sentence of
28 probation or intermediate punishment] until the information
29 has been obtained and submitted as required.
30 (b) Court information for all offenders.--The sentencing
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1 court shall inform offenders designated in section 9793
2 (relating to registration of certain offenders for ten years)
3 and sexually violent predators designated in subsection (a) at
4 the time of sentencing of the provisions of this subchapter. The
5 court shall:
6 (1) Specifically inform the offender or sexually violent
7 predator of the duty to register and [obtain] provide the
8 information required for each registration.
9 (2) Specifically inform the offender or sexually violent
10 predator of the duty to inform the Pennsylvania State Police
11 within ten days if the offender or sexually violent predator
12 changes residence.
13 (3) Specifically inform the offender or sexually violent
14 predator of the duty to register with a new law enforcement
15 agency if the offender or sexually violent predator moves to
16 another state no later than ten days after establishing
17 residence in another state.
18 (4) Order the fingerprints and photograph of the person
19 to be provided to the Pennsylvania State Police upon
20 sentencing.
21 (5) Require the offender or sexually violent predator to
22 read and sign a form stating that the duty to register under
23 this subchapter has been explained. Where the offender or
24 sexually violent predator is incapable of reading, the court
25 shall certify the duty to register was explained to the
26 offender or sexually violent predator and the offender or
27 sexually violent predator indicated an understanding of the
28 duty.
29 (c) Offenders from other states.--As a condition of
30 obtaining residency in Pennsylvania under the interstate compact
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1 for the supervision of parolees and probationers, sexual
2 offenders from other states shall be required to register and
3 abide by the requirements of this subchapter and, where the
4 Pennsylvania Board of Probation and Parole determines it is
5 necessary to protect the public, shall submit to public
6 notification as provided in section 9798 (relating to other
7 notification). Offenders or sexually violent predators from
8 other states shall register with the Pennsylvania State Police
9 as set forth in section 9793(d) (relating to registration of
10 certain offenders for ten years).
11 (d) Penalty.--Any offender or sexually violent predator who
12 fails to register with the Pennsylvania State Police as required
13 in this section commits a felony of the third degree.
14 § 9796. Verification of residence.
15 (a) Quarterly verification.--The Pennsylvania State Police
16 shall verify the residence of sexually violent predators every
17 90 days through the use of a nonforwardable verification form to
18 the last reported address. The [form shall be returned by the
19 offender within ten days.] sexually violent predator shall
20 appear within ten days of receipt of the form at a Pennsylvania
21 State Police station to complete the verification form and to be
22 photographed.
23 (b) Annual verification.--The Pennsylvania State Police
24 shall verify the residence of offenders designated in section
25 9793 (relating to registration of certain offenders for ten
26 years) annually through the use of a residence verification
27 form. The [form shall be returned by the offender within ten
28 days.] offender shall annually appear at a Pennsylvania State
29 Police station to complete the verification form and to be
30 photographed.
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1 (c) Notification of law enforcement agencies of change in
2 address.--A change of address of an offender required to
3 register under this subchapter reported to the Pennsylvania
4 State Police shall be immediately reported by the Pennsylvania
5 State Police to the appropriate law enforcement agency having
6 jurisdiction of the offender's new place of residence. The
7 Pennsylvania State Police shall, if the offender changes
8 residence to another state, notify the law enforcement agency
9 with which the offender must register in the new state.
10 (d) Failure to provide verification.--Where any offender
11 fails to provide verification of residence within the ten-day
12 period as set forth in this section, the Pennsylvania State
13 Police shall immediately notify the municipal police department
14 of the offender's last verified residence. The local municipal
15 police shall locate the offender and arrest him for violating
16 this section. The Pennsylvania State Police shall assume
17 responsibility for locating the offender and arresting him in
18 jurisdictions where no municipal police jurisdiction exists. The
19 Pennsylvania State Police shall assist any municipal police
20 department requesting assistance with locating and arresting an
21 offender who fails to verify his residence.
22 (e) Penalty.--Any offender or sexually violent predator who
23 fails to verify his residence or be photographed as required in
24 this section commits a felony of the third degree.
25 § 9798. Other notification.
26 (a) By municipality's chief law enforcement officer.--
27 Notwithstanding any of the provisions of 18 Pa.C.S. Ch. 91
28 (relating to criminal history record information), the chief law
29 enforcement officer of the full-time or part-time police
30 department of the municipality where a sexually violent predator
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1 lives shall be responsible for providing written notice as
2 required under this section.
3 (1) The notice shall contain:
4 (i) The name of the convicted sexually violent
5 predator or out-of-State offender.
6 (ii) The address or addresses at which he resides.
7 (iii) The offense for which he was convicted.
8 (iv) A statement that he has been designated by
9 court order as a sexually violent predator, which
10 designation has or has not been terminated as of a date
11 certain.
12 (v) A photograph of the sexually violent predator or
13 out-of-State offender, if available.
14 (2) The notice shall not include any information that
15 might reveal 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 out-
20 of-State offender.
21 (2) The director of the county children and youth
22 service agency of the county where the sexually violent
23 predator or out-of-State offender resides.
24 (3) The superintendent of each school district and the
25 equivalent official for private and parochial schools
26 enrolling students up through grade 12 in the municipality.
27 (4) The director of each licensed day care center and
28 licensed preschool program in the municipality.
29 (5) The president of each college, university and
30 community college located within 1,000 feet of a sexually
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1 violent predator's or out-of-State offender's address.
2 (c) Urgency of notification.--The municipal police
3 department's chief law enforcement officer shall provide notice
4 within the following time frames:
5 (1) To neighbors, notice shall be provided within 72
6 hours after information of the sexually violent predator's
7 release date and address has been received by the chief law
8 enforcement officer. Notwithstanding the provisions of
9 subsections (a) and (b), verbal notification may be used if
10 written notification would delay meeting this time
11 requirement.
12 (2) To the persons specified in subsection (b)(2), (3),
13 (4) and (5), notice shall be provided within seven days after
14 the chief law enforcement officer receives information
15 regarding the sexually violent predator's or out-of-State
16 offender's release date and address.
17 (d) Public notice.--All information provided in accordance
18 with subsection (a) shall be available, upon request, to the
19 general public. Such information may be provided by electronic
20 means.
21 § 9799. Immunity for good faith conduct.
22 The following entities shall be immune from liability for
23 good faith conduct under this section:
24 (1) The Pennsylvania State Police and local law
25 enforcement agencies and employees of law enforcement
26 agencies.
27 (2) District attorneys and their agents and employees.
28 (3) Superintendents, administrators, teachers, employees
29 and volunteers engaged in the supervision of children of any
30 public, private or parochial school.
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1 (4) Directors and employees of county children and youth
2 agencies.
3 (5) Presidents or similar officers of universities and
4 colleges, including community colleges.
5 (6) The Pennsylvania Board of Probation and Parole and
6 its agents and employees.
7 (7) County probation and parole offices and their agents
8 and employees.
9 [(7)] (8) Directors of licensed day care centers and
10 directors of licensed preschool programs.
11 (9) The Pennsylvania Department of Corrections and its
12 agents and employees.
13 (10) County correctional facilities and their agents and
14 employees.
15 (11) Members of the Sexual Offenders Assessment Board
16 and its agents and employees.
17 § 9799.3. Board.
18 (a) Composition.--The State Sexual Offenders Assessment
19 Board [to Assess Sexually Violent Predators] shall be composed
20 of psychiatrists, psychologists and criminal justice experts,
21 each of whom is an expert in the field of the behavior and
22 treatment of sexual offenders.
23 (b) Appointment.--The Governor shall appoint the board
24 members.
25 (c) Term of office.--Members of the board shall serve four-
26 year terms.
27 (d) Compensation.--The members of the board shall be
28 compensated at a rate of [$200] $350 per assessment and receive
29 reimbursement for their actual and necessary expenses while
30 performing the business of the board. The chairman shall receive
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1 $500 additional compensation per annum.
2 (e) Staff.--Support staff for the board shall be provided by
3 the Pennsylvania Board of Probation and Parole.
4 § 9799.6. Applicability.
5 (a) In-State offender.--The provisions of Subchapter H shall
6 apply to any individual convicted in this Commonwealth of an
7 offense set forth in section 9793(b) (relating to registration
8 of certain offenders for ten years) or an equivalent offense,
9 who is convicted and sentenced to intermediate punishment or
10 probation or who is under the supervision of the Pennsylvania
11 Board of Probation and Parole or a county office of probation
12 and parole or who is incarcerated on the effective date of this
13 act.
14 (b) Out-of-State offender.--The provisions of section
15 9793(d) [(relating to registration of certain offenders for ten
16 years)] shall apply to [all offenders] any out-of-State offender
17 convicted of an offense equivalent to an offense set forth in
18 section 9793(b) or a person convicted of a sexual offense who
19 was required to register under a sexual offender "Megan's law"
20 statute in the jurisdiction where that person was convicted
21 before the effective date of this section [who remain] and who
22 remains incarcerated or on parole on the effective date of this
23 section. In addition, the provisions of section 9793(d) shall
24 apply to [all offenders] any offender convicted of an offense
25 equivalent to an offense set forth in section 9793(b) or a
26 person convicted of a sexual offense who was required to
27 register under a sexual offender "Megan's law" statute in the
28 jurisdiction where that person was convicted on or after the
29 effective date of this section.
30 (c) Registration.--The provisions of section 9793(d) shall
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1 apply to all offenders who committed an offense set forth in
2 section 9793(b) or an equivalent offense before the effective
3 date of this subsection but were convicted after the effective
4 date of this subsection.
5 Section 3. This act shall take effect in 60 days.
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