PRIOR PRINTER'S NOS. 7, 52, 94, PRINTER'S NO. 157
150, 152, 155
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 3, 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 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 SUBCHAPTER H
9 REGISTRATION OF SEXUAL OFFENDERS
10 Sec.
11 9791. Legislative findings and declaration of policy.
12 9792. Definitions.
13 9793. Registration of certain offenders for ten years.
14 9794. Designation of sexually violent predators.
15 9795. Registration of offenders.
1 9796. Verification of residence.
2 9797. Victim notification.
3 9798. Other notification.
4 9799. Immunity for good faith conduct.
5 9799.1. Duties of Pennsylvania State Police.
6 9799.2. Duties of Pennsylvania Board of Probation and Parole.
7 9799.3. Board.
8 9799.4. Sexually violent predators.
9 9799.5. Exemption from notification.
10 § 9791. Legislative findings and declaration of policy.
11 (a) Legislative findings.--It is hereby determined and
12 declared as a matter of legislative finding:
13 (1) If the public is provided adequate notice and
14 information about sexually violent predators and certain
15 other offenders, the community can develop constructive plans
16 to prepare themselves and their children for the offender's
17 release. This allows communities to meet with law enforcement
18 to prepare and obtain information about the rights and
19 responsibilities of the community and to provide education
20 and counseling to their children.
21 (2) These sexually violent predators pose a high risk of
22 engaging in further offenses even after being released from
23 incarceration or commitments and that protection of the
24 public from this type of offender is a paramount governmental
25 interest.
26 (3) The penal and mental health components of our
27 justice system are largely hidden from public view and lack
28 of information from either may result in failure of both
29 systems to meet this paramount concern of public safety.
30 (4) Overly restrictive confidentiality and liability
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1 laws governing the release of information about sexually
2 violent predators have reduced the willingness to release
3 information that could be appropriately released under the
4 public disclosure laws, and have increased risks to public
5 safety.
6 (5) Persons found to have committed such an offense have
7 a reduced expectation of privacy because of the public's
8 interest in public safety and in the effective operation of
9 government.
10 (6) Release of information about sexually violent
11 predators to public agencies and the general public will
12 further the governmental interests of public safety and
13 public scrutiny of the criminal and mental health systems so
14 long as the information released is rationally related to the
15 furtherance of those goals.
16 (b) Declaration of policy.--It is hereby declared to be the
17 intention of the General Assembly to protect the safety and
18 general welfare of the people of this Commonwealth by providing
19 for registration and community notification regarding sexually
20 violent predators who are about to be released from custody and
21 will live in or near their neighborhood. It is further declared
22 to be the policy of this Commonwealth to require the exchange of
23 relevant information about sexually violent predators among
24 public agencies and officials and to authorize the release of
25 necessary and relevant information about sexually violent
26 predators to members of the general public as a means of
27 assuring public protection and shall not be construed as
28 punitive.
29 § 9792. Definitions.
30 The following words and phrases when used in this subchapter
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1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Board." The State Board to Assess Sexually Violent
4 Predators.
5 "Mental abnormality." A congenital or acquired condition of
6 a person that affects the emotional or volitional capacity of
7 the person in a manner that predisposes that person to the
8 commission of criminal sexual acts to a degree that makes the
9 person a menace to the health and safety of other persons.
10 "Municipality." A city, borough, incorporated town or
11 township.
12 "Offender." An individual who is:
13 (1) designated a sexually violent predator under the
14 provisions of this subchapter; or
15 (2) required to register under section 9793(b) (relating
16 to registration of certain offenders for ten years).
17 "Predatory." An act directed at a stranger or at a person
18 with whom a relationship has been established or promoted for
19 the primary purpose of victimization.
20 "Sexually violent offense." Any criminal offense specified
21 in section 9793(b) (relating to registration of certain
22 offenders for ten years).
23 "Sexually violent predator." A person who has been convicted
24 of a sexually violent offense as set forth in section 9793(b)
25 (relating to registration of certain offenders for ten years)
26 and who is determined to be a sexually violent predator under
27 section 9794(e) (relating to designation of sexually violent
28 predators) due to a mental abnormality or personality disorder
29 that makes the person likely to engage in predatory sexually
30 violent offenses.
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1 § 9793. Registration of certain offenders for ten years.
2 (a) Registration.--A person convicted of any of the offenses
3 set forth in subsection (b) shall be required to register a
4 current address with the Pennsylvania State Police upon release
5 from incarceration, upon parole from a State or county
6 correctional institution or upon the commencement of a sentence
7 of intermediate punishment or probation. The period of
8 registration shall be ten years.
9 (b) Persons required to register.--
10 (1) Persons convicted of any of the following offenses
11 that are classified as a felony and involve a victim who is a
12 minor:
13 18 Pa.C.S. § 2901 (relating to kidnapping) except by
14 a parent.
15 18 Pa.C.S. § 3121 (relating to rape).
16 18 Pa.C.S. § 3123 (relating to involuntary deviate
17 sexual intercourse).
18 18 Pa.C.S. § 3125 (relating to aggravated indecent
19 assault).
20 18 Pa.C.S. § 5902(b) (relating to prostitution and
21 related offenses).
22 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
23 obscene and other sexual materials and performances).
24 (2) Persons convicted of any of the following offenses
25 regardless of the age of the victim:
26 18 Pa.C.S. § 3121.
27 18 Pa.C.S. § 3123.
28 18 Pa.C.S. § 3125 (relating to aggravated indecent
29 assault).
30 18 Pa.C.S. § 3128(a) and (b) (relating to spousal
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1 sexual assault).
2 (c) Registration information.--The Pennsylvania State Police
3 shall provide the information obtained under sections 9793
4 (relating to registration of certain offenders for ten years),
5 9795 (relating to registration of offenders) and 9796 (relating
6 to verification of residence) to the chief law enforcement
7 officer of the police department of the municipality in which
8 the offender will reside. In addition, the Pennsylvania State
9 Police shall provide this officer with the address at which the
10 offender will reside following his release from incarceration,
11 parole or probation.
12 § 9794. Designation of sexually violent predators.
13 (a) Order for assessment.--After conviction, but before
14 sentencing, a court shall order a person convicted of a sexually
15 violent offense specified in section 9793(b) (relating to
16 registration of certain offenders for ten years) to be assessed
17 by the board.
18 (b) Presumption.--An offender convicted of any offense set
19 forth in section 9793(b) shall be presumed by the board and the
20 court to be a sexually violent predator. This presumption may be
21 rebutted by the offender by clear and convincing evidence at a
22 hearing held in accordance with subsection (e).
23 (c) Assessment.--The board shall conduct an assessment of
24 the offender to determine if the offender is a sexually violent
25 predator. Such an assessment shall include, but not be limited
26 to, such factors as:
27 (1) Age of the offender.
28 (2) Offender's prior criminal record, sexual offenses as
29 well as other offenses.
30 (3) Age of the victim.
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1 (4) Whether the offense involved multiple victims.
2 (5) Use of illegal drugs by the offender.
3 (6) Whether the offender completed any prior sentence
4 and whether the offender participated in available programs
5 for sexual offenders.
6 (7) Any mental illness or mental disability of the
7 offender.
8 (8) The nature of the sexual contact with the victim and
9 whether the sexual contact was part of a demonstrated pattern
10 of abuse.
11 (9) Whether the offense included a display of unusual
12 cruelty by the offender during the commission of the crime.
13 (10) Any behavioral characteristics that contribute to
14 the offender's conduct.
15 (d) Submission of report by board.--The board shall submit a
16 written report containing its assessment to the court no later
17 than 30 days from the date of conviction of the defendant.
18 (e) Court review of findings.--Upon receipt of the board's
19 report, the court shall determine if the offender is a sexually
20 violent predator. This determination shall be made based on
21 evidence presented at a hearing held prior to sentencing and
22 before the trial judge. The offender and district attorney shall
23 be given notice of the hearing and an opportunity to be heard,
24 the right to call witnesses, the right to call expert witnesses
25 and the right to cross-examine witnesses. In addition, the
26 offender shall have the right to counsel and to have a lawyer
27 appointed to represent him if he cannot afford one. After a
28 review of all evidence presented at this hearing, the court may
29 determine whether the presumption arising under subsection (b)
30 has been rebutted and shall set forth this determination on the
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1 sentencing order.
2 (f) Subsequent board review.--No sooner than one year prior
3 to release from a State or county correctional institution, or
4 in five-year intervals thereafter, an offender designated as a
5 sexually violent predator may petition the court with original
6 jurisdiction in the matter for reconsideration of the
7 determination. The court may review the determination and
8 request a new report by the board. The court may enter an order
9 terminating the designation in which case the court shall notify
10 the Pennsylvania State Police.
11 § 9795. Registration of offenders.
12 (a) Registration OF SEXUALLY VIOLENT PREDATORS.--An offender <--
13 A SEXUALLY VIOLENT PREDATOR shall be required to register all <--
14 current addresses with the Pennsylvania State Police upon
15 release from incarceration, upon parole from a State or county
16 correctional institution or upon the commencement of a sentence
17 of intermediate punishment or probation. The registration shall
18 continue unless the court determines the person is no longer a
19 sexually violent predator as provided in section 9794(f)
20 (relating to designation of sexually violent predators).
21 (b) Court information FOR ALL OFFENDERS.--The sentencing <--
22 court shall inform offenders designated in section 9793
23 (relating to registration of certain offenders for ten years)
24 and sexually violent predators designated in subsection (a) at
25 the time of sentencing of the provisions of this subchapter. The
26 court shall:
27 (1) Specifically inform the offender of the duty to
28 register and obtain the information required for each
29 registration.
30 (2) Specifically inform the offender of the duty to
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1 inform the Pennsylvania State Police within ten days if the
2 offender changes residence.
3 (3) Specifically inform the offender of the duty to
4 register with a new law enforcement agency if the offender
5 moves to another state no later than ten days after
6 establishing residence in another state.
7 (4) Order the fingerprints and photograph of the person
8 to be provided to the Pennsylvania State Police upon
9 sentencing.
10 (5) Require the offender to read and sign a form stating
11 that the duty to register under this subchapter has been
12 explained. Where the offender is incapable of reading, the
13 court shall certify the duty to register was explained to the
14 offender and the offender indicated an understanding of the
15 duty.
16 (c) Notice by correctional facility and paroling
17 authorities.--When the offender is to be released from
18 incarceration or paroled from a State or county correctional
19 facility, the prison official of the State or county
20 correctional facility shall no later than ten days prior to the
21 release or parole of the offender again provide the offender
22 with notice of the duty to register with the Pennsylvania State
23 Police under this subchapter.
24 (d) Penalty.--Any offender who fails to register with the
25 Pennsylvania State Police as required in this section commits a
26 felony of the third degree.
27 § 9796. Verification of residence.
28 (a) Quarterly verification.--The Pennsylvania State Police
29 shall verify the residence of sexually violent predators every
30 90 days through the use of a nonforwardable verification form to
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1 the last reported address. The form shall be returned by the
2 offender within ten days.
3 (b) Annual verification.--The Pennsylvania State Police
4 shall verify the residence of offenders designated in section
5 9793 (relating to registration of certain offenders for ten
6 years) annually through the use of a residence verification
7 form. The form shall be returned by the offender within ten
8 days.
9 (c) Notification of law enforcement agencies of change in
10 address.--A change of address of an offender required to
11 register under this subchapter reported to the Pennsylvania
12 State Police shall be immediately reported by the Pennsylvania
13 State Police to the appropriate law enforcement agency having
14 jurisdiction of the offender's new place of residence. The
15 Pennsylvania State Police shall, if the offender changes
16 residence to another state, notify the law enforcement agency
17 with which the offender must register in the new state.
18 (d) Failure to provide verification.--Where any offender
19 fails to provide verification of residence within the ten-day
20 period as set forth in this section, the Pennsylvania State
21 Police shall immediately notify the municipal police department
22 of the offender's last verified residence. The local municipal
23 police shall locate the offender and arrest him for violating
24 this section. The Pennsylvania State Police shall assume
25 responsibility for locating the offender and arresting him in
26 jurisdictions where no municipal police jurisdiction exists. The
27 Pennsylvania State Police shall assist any municipal police
28 department requesting assistance with locating and arresting an
29 offender who fails to verify his residence.
30 (e) Penalty.--Any offender who fails to verify his residence
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1 as required in this section commits a felony of the third
2 degree.
3 § 9797. Victim notification.
4 (a) Duty to inform victim.--
5 (1) Where the offender is determined to be a sexually
6 violent predator by a court under section 9794(e) (relating
7 to designation of sexually violent predators), the local
8 municipal police department, or the Pennsylvania State Police
9 where no municipal police jurisdiction exists, shall give
10 written notice to the offender's victim when the offender
11 registers initially and when he notifies the Pennsylvania
12 State Police of a change of address. This notice shall be
13 given within 72 hours after the offender registers or
14 notifies the Pennsylvania State Police of a change of
15 address. The notice shall contain the offender's name and the
16 address or addresses where he resides.
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 where 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) Where an offender is not designated as a sexually
24 violent predator.--Where the offender is not determined to be a
25 sexually violent predator by a court under section 9794(e), the
26 offender's victim shall be notified in accordance with section
27 479.3 of the act of April 9, 1929 (P.L.177, No.175), known as
28 The Administrative Code of 1929.
29 § 9798. Other notification.
30 (a) By municipality's chief law enforcement officer.--The
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1 chief law enforcement officer of the police department of the
2 municipality where a sexually violent predator lives shall be
3 responsible for providing written notice as required under this
4 section.
5 (1) The notice shall contain:
6 (i) The name of the convicted sexually violent
7 predator.
8 (ii) The address or addresses at which he resides.
9 (iii) The offense for which he was convicted.
10 (iv) A statement that he has been designated by
11 court order as a sexually violent predator, which
12 designation has or has not been terminated as of a date
13 certain.
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.
20 (2) The director of the county children and youth
21 service agency of the county where the sexually violent
22 predator resides.
23 (3) The superintendent of each school district and the
24 equivalent official for private and parochial schools
25 enrolling students up through grade 12 in the municipality.
26 (4) The director of each licensed day care center and
27 licensed preschool program in the municipality.
28 (5) The president of each college, university and
29 community college located within 1,000 feet of a sexually
30 violent predator's address.
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1 (c) Urgency of notification.--The municipal police
2 department's chief law enforcement officer shall provide notice
3 within the following time frames:
4 (1) To neighbors, notice shall be provided within 72
5 hours after information of the sexually violent predator's
6 release date and address has been received by the chief law
7 enforcement officer. Notwithstanding the provisions of
8 subsections (a) and (b), verbal notification may be used if
9 written notification would delay meeting this time
10 requirement.
11 (2) To the persons specified in subsection (b)(2), (3),
12 (4) and (5), notice shall be provided within seven days after
13 the chief law enforcement officer receives information
14 regarding the sexually violent predator's release date and
15 address.
16 (d) Public notice.--All information provided in accordance
17 with subsection (a) shall be available, upon request, to the
18 general public.
19 § 9799. Immunity for good faith conduct.
20 The following entities shall be immune from liability for
21 good faith conduct under this section:
22 (1) The Pennsylvania State Police and local law
23 enforcement agencies and employees of law enforcement
24 agencies.
25 (2) District attorneys and their agents and employees.
26 (3) Superintendents, administrators, teachers and
27 employees of any public, private or parochial school.
28 (4) Directors and employees of county children and youth
29 agencies.
30 (5) Presidents or similar officers of universities and
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1 colleges, including community colleges.
2 (6) The Pennsylvania Board of Probation and Parole and
3 its agents and employees.
4 (7) Directors of licensed day care centers and directors
5 of licensed preschool programs.
6 § 9799.1. Duties of Pennsylvania State Police.
7 The Pennsylvania State Police shall:
8 (1) Create and maintain a State registry of offenders
9 pursuant to section 9793 (relating to registration of certain
10 offenders for ten years).
11 (2) In consultation with the Office of Attorney General
12 and the Pennsylvania Board of Probation and Parole,
13 promulgate guidelines necessary for the general
14 administration of this subchapter.
15 (3) Write regulations regarding neighbor notification of
16 the current address of sexually violent predators.
17 (4) Notify, within 72 hours of receiving the offender's
18 registration, the chief law enforcement officer of the police
19 department having primary jurisdiction of the municipality in
20 which an offender resides of the fact that the offender has
21 been registered with the Pennsylvania State Police pursuant
22 to sections 9795 (relating to registration of offenders) and
23 9796 (relating to verification of residence).
24 (5) In consultation with the Department of Education and
25 the Pennsylvania Board of Probation and Parole, promulgate
26 guidelines directing licensed day care centers, licensed
27 preschool programs, schools, universities and colleges
28 including community colleges, on the proper use and
29 administration of information received under section 9797
30 (relating to victim notification).
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1 (6) Immediately transfer the information received from
2 the Pennsylvania Board of Probation and Parole under section
3 9799.2(2) and (3) (relating to duties of Pennsylvania Board
4 of Probation and Parole) and the fingerprints of the sexually
5 violent predator to the Federal Bureau of Investigation.
6 All guidelines and regulations promulgated under this section
7 shall be published in the Pennsylvania Bulletin no later than
8 January 1, 1996.
9 § 9799.2. Duties of Pennsylvania Board of Probation and Parole.
10 The Pennsylvania Board of Probation and Parole shall:
11 (1) Create a notification form which will inform State
12 and county prison and probation and parole personnel how to
13 inform offenders required to register under this subchapter
14 of their duty under the law.
15 (2) Obtain the following information regarding
16 offenders:
17 (i) Name, including any aliases.
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 (3) Immediately transmit the information in paragraph
24 (2) to the Pennsylvania State Police for immediate entry into
25 the State registry of sexual offenders and the Criminal
26 History Record of the offender as provided in 18 Pa.C.S. Ch.
27 91 (relating to criminal history record information).
28 § 9799.3. Board.
29 (a) Composition.--The State Board to Assess Sexually Violent
30 Predators shall be composed of three persons, one psychiatrist,
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1 one psychologist and one criminal justice expert, each of whom
2 has a minimum of ten years of experience and specialized
3 training in the behavior and treatment of sex offenders.
4 (b) Appointment.--The Governor shall appoint the
5 psychiatrist and psychologist board members. The Attorney
6 General shall appoint the criminal justice expert. All
7 appointments shall be made within 30 days of the effective date
8 of this section.
9 (c) Term of office.--Members of the board shall serve four-
10 year terms.
11 (d) Compensation.--The members of the board shall be
12 compensated at a rate of $125 per day and receive reimbursement
13 for their actual and necessary expenses while performing the
14 business of the board. The chairman shall receive $500
15 additional compensation per annum.
16 (e) Staff.--Support staff for the board shall be provided by
17 the Pennsylvania Board of Probation and Parole.
18 § 9799.4. Sexually violent predators.
19 (a) Lifetime parole; counseling.--Notwithstanding any other
20 provision of law to the contrary, a person designated as a
21 sexually violent predator under this subchapter shall remain on
22 lifetime parole when released from a State or county
23 correctional facility unless the court determines the person is
24 no longer a sexually violent predator under section 9794(f)
25 (relating to designation of sexually violent predators). The
26 sexually violent predator shall be required to attend at least
27 monthly counseling sessions in a program approved by the board
28 and be financially responsible for all fees assessed from such
29 counseling sessions. If the sexually violent predator can prove
30 to the satisfaction of the court that that person cannot afford
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1 to pay for the counseling sessions, that person shall still
2 attend the counseling sessions and the parole office shall pay
3 the requisite fees.
4 (b) Mandatory sentence.-- Notwithstanding any other
5 provision of law to the contrary, when a person who has been
6 designated as a sexually violent predator is convicted of a
7 subsequent sexually violent offense, the mandatory sentence
8 shall be life imprisonment. Should a previous conviction be
9 vacated and an acquittal or final discharge entered subsequent
10 to imposition of sentence under this section, the offender shall
11 have the right to petition the sentencing court for
12 reconsideration of sentence if this section would not have been
13 applicable except for the conviction which was vacated.
14 (c) Authority of court in sentencing.--There shall be no
15 authority in any court to impose on an offender to which this
16 section is applicable any lesser sentence than provided for in
17 subsection (b), to place such offender on probation or to
18 suspend sentence. Nothing in this section shall prevent the
19 sentencing court from imposing a sentence greater than that
20 provided in this section. Sentencing guidelines promulgated by
21 the Pennsylvania Commission on Sentencing shall not supersede
22 the mandatory sentences provided in this section.
23 (d) Appeal by Commonwealth.--If a sentencing court refuses
24 to apply this section when it is applicable, the Commonwealth
25 shall have the right to appellate review of the action of the
26 sentencing court. The appellate court shall vacate the sentence
27 and remand the case to the sentencing court for the imposition
28 of a sentence in accordance with this section if it finds that
29 the sentence was imposed in violation of this section.
30 § 9799.5. Exemption from notification.
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1 Nothing in this subchapter shall be construed as imposing a
2 duty upon a person licensed under the act of February 19, 1980
3 (P.L.15, No.9), known as the Real Estate Licensing and
4 Registration Act, or an employee thereof to disclose any
5 information regarding an offender required to register under
6 this act.
7 Section 2. The provisions of this act are severable. If any
8 provision of this act or its application to any person or
9 circumstance is held invalid, the invalidity shall not affect
10 other provisions or applications of this act which can be given
11 effect without the invalid provision or application.
12 Section 3. The provisions of this act shall be applicable as
13 follows:
14 (1) For all ALL offenders convicted of an offense set <--
15 forth in the addition of 42 Pa.C.S. § 9793(b) before July 1, <--
16 1995 THE EFFECTIVE DATE OF THIS SECTION, who remain under the <--
17 jurisdiction of the Pennsylvania Board of Probation and
18 Parole or the Department of Corrections, the addition SHALL <--
19 BE SUBJECT TO THE PROVISIONS OF THIS ACT, WITH THE EXCEPTION
20 of 42 Pa.C.S. §§ 9794, 9795 and 9798 shall not apply. <--
21 9795(A), 9796(A), 9797, 9798 AND 9799.4, WHICH RELATE TO <--
22 SEXUALLY VIOLENT PREDATORS.
23 (2) For all ALL offenders convicted of an offense set <--
24 forth in the addition of 42 Pa.C.S. § 9793(b) committed ON OR <--
25 after the effective date of this act, SECTION SHALL BE <--
26 SUBJECT TO all provisions of this act shall apply. <--
27 Section 4. This act shall take effect as follows:
28 (1) The addition of 42 Pa.C.S. §§ 9791, 9792, 9799.1, <--
29 9799.2 and 9799.3 shall take effect immediately.
30 (2) This section shall take effect immediately.
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1 (3) The remainder of this act shall take effect in 180
2 days.
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