PRINTER'S NO. 389
No. 380 Session of 1999
INTRODUCED BY GREENLEAF, O'PAKE, LEMMOND, BOSCOLA, COSTA, HART,
WAGNER, MELLOW, ARMSTRONG, HOLL, KASUNIC, MUSTO, RHOADES,
ROBBINS, SALVATORE, THOMPSON, TOMLINSON AND WAUGH,
FEBRUARY 11, 1999
REFERRED TO JUDICIARY, FEBRUARY 11, 1999
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
1 individual under the age of 18 unless the age of the victim who
2 is considered a minor is otherwise defined in 18 Pa.C.S. §
3 9793(b)(1).
4 * * *
5 Section 2. Sections 9793, 9794, 9795, 9796, 9798, 9799,
6 9799.3 and 9799.6 of Title 42 are amended to read:
7 § 9793. Registration of certain offenders for ten years.
8 (a) Registration.--
9 (1) A person convicted of any of the offenses set forth
10 in subsection (b) shall be required to register a current
11 address with the Pennsylvania State Police upon release from
12 incarceration, upon parole from a State or county
13 correctional institution, upon the commencement of a sentence
14 of intermediate punishment or probation or where the offender
15 is under the supervision of the Pennsylvania Board of
16 Probation and Parole or a county office of probation and
17 parole at the time of enactment of this section, within 30
18 days of the date of enactment of this section.
19 (2) The offender shall inform the Pennsylvania State
20 Police within ten days if the offender changes residence. The
21 offender shall register with a new law enforcement agency no
22 later than ten days after establishing residence in another
23 state.
24 (3) The period of registration shall be ten years from
25 the date of registration with the Pennsylvania State Police
26 prior to the expiration of the maximum term of incarceration.
27 If within the ten-year period the offender is subsequently
28 sentenced to a term of imprisonment for an offense not listed
29 in subsection (b), during the service of the sentence the
30 ten-year registration period shall be tolled until the
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1 offender is released.
2 (4) This section shall apply to all offenders:
3 (i) Where the offender [has been] was granted parole
4 by the Pennsylvania Board of Probation and Parole or a
5 county office of probation and parole at the time of
6 enactment of this section or will be granted parole by
7 the Pennsylvania Board of Probation and Parole or a
8 county office of probation and parole, the board or
9 county office shall collect registration information from
10 the offender and forward that registration information to
11 the Pennsylvania State Police. The Department of
12 Corrections shall not release the offender until it
13 receives verification from the Pennsylvania State Police
14 that it has received the registration information. Where
15 the offender is scheduled to be released from a State
16 correctional facility due to the expiration of the
17 maximum term of incarceration, the Department of
18 Corrections or county correctional facility shall collect
19 the information from the offender no later than ten days
20 prior to the maximum expiration date. The Department of
21 Corrections shall forward the registration information to
22 the Pennsylvania State Police.
23 (ii) Where the offender scheduled to be released
24 from a State correctional facility or county correctional
25 facility due to the maximum expiration date refuses to
26 provide the registration information, the Department of
27 Corrections or county correctional facility shall notify
28 the Pennsylvania State Police of the failure to provide
29 registration information and of the expected date, time
30 and location of the release of the offender. The chief
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1 county probation and parole official in cooperation with
2 a county correctional facility shall, in accordance with
3 established guidelines, obtain the required information
4 contained in section 9799.2(2) (relating to duties of
5 Pennsylvania Board of Probation and Parole) regarding
6 offenders released from a county sentence and submit the
7 information to the Pennsylvania Board of Probation and
8 Parole and the Pennsylvania State Police. The offender in
9 a county correctional facility shall not be released from
10 incarceration or released to a sentence of probation or
11 intermediate punishment until the information has been
12 obtained and submitted as required. [The offender shall
13 inform the Pennsylvania State Police within ten days if
14 the offender changes residence. The offender shall
15 register with a new law enforcement agency no later than
16 ten days after establishing residence in another state.
17 The period of registration shall be ten years.]
18 (b) Persons required to register.--
19 (1) Persons convicted of any of the following offenses
20 that are classified as a felony and involve a victim who is a
21 minor:
22 18 Pa.C.S. § 2901 (relating to kidnapping) except by
23 a parent.
24 18 Pa.C.S. § 3121 (relating to rape).
25 18 Pa.C.S. § 3123 (relating to involuntary deviate
26 sexual intercourse).
27 18 Pa.C.S. § 3125 (relating to aggravated indecent
28 assault).
29 18 Pa.C.S. § 5902(b) (relating to prostitution and
30 related offenses).
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1 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
2 obscene and other sexual materials and performances).
3 (2) Persons convicted of any of the following offenses
4 regardless of the age of the victim:
5 18 Pa.C.S. § 3121.
6 18 Pa.C.S. § 3123.
7 18 Pa.C.S. § 3125.
8 18 Pa.C.S. § 3128(a) and (b) (relating to spousal
9 sexual assault).
10 (3) Persons convicted of 18 Pa.C.S. § 3126 (relating to
11 indecent assault) when the offense is a misdemeanor of the
12 first degree.
13 (c) Registration information.--The Pennsylvania State Police
14 shall provide the information obtained under this section and
15 sections 9795 (relating to registration of [offenders] sexually
16 violent predators and out-of-State offenders) and 9796 (relating
17 to verification of residence) to the chief law enforcement
18 officer of the police department of the municipality in which
19 the offender will reside. In addition, the Pennsylvania State
20 Police shall provide this officer with the address at which the
21 offender will reside following his release from incarceration,
22 parole or probation.
23 (d) Out-of-State offenders.--
24 (1) A person who is convicted of an offense equivalent
25 to any of the offenses listed in subsection (b) in any other
26 state or territory or the District of Columbia, or in any
27 Federal court or a person convicted of a sexual offense in
28 any other state or territory or the District of Columbia or
29 in any Federal court who was required to register under a
30 sexual offender "Megan's law" statute in the jurisdiction
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1 where that person was convicted, and who, within ten years of
2 his release or parole from incarceration, makes his residence
3 in Pennsylvania shall be required to register a current
4 address with the Pennsylvania State Police and shall be
5 subject to the other provisions of this subchapter relating
6 to registration.
7 (2) The period of registration shall be for ten years
8 from the offender's [release or parole from incarceration.]
9 date of registration with the Pennsylvania State Police.
10 (e) Penalty.--Any offender who fails to register with the
11 Pennsylvania State Police as required in this section commits a
12 felony of the third degree.
13 § 9794. Designation of sexually violent predators.
14 (a) Order for assessment.--After conviction, but before
15 sentencing, a court shall order a person convicted of a sexually
16 violent offense specified in section 9793(b) (relating to
17 registration of certain offenders for ten years) to be assessed
18 by the board. The order for an assessment shall be sent to the
19 administrative officer of the board within ten days of the date
20 of conviction.
21 (b) Presumption.--An offender convicted of any offense set
22 forth in section 9793(b) shall be presumed by the board and the
23 court to be a sexually violent predator. This presumption may be
24 rebutted by the offender by clear and convincing evidence at a
25 hearing held in accordance with subsection (e).
26 (c) Assessment.--Upon receipt from the court of an order for
27 an assessment, two members of the board as designated by the
28 administrative officer of the board shall conduct an assessment
29 of the offender to determine if the offender is a sexually
30 violent predator. Such an assessment shall include, but not be
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1 limited to, such factors as:
2 (1) Age of the offender.
3 (2) Offender's prior criminal record, sexual offenses as
4 well as other offenses.
5 (3) Age of the victim.
6 (4) Whether the offense involved multiple victims.
7 (5) Use of illegal drugs by the offender.
8 (6) Whether the offender completed any prior sentence
9 and whether the offender participated in available programs
10 for sexual offenders.
11 (7) Any mental illness or mental disability of the
12 offender.
13 (8) The nature of the sexual contact with the victim and
14 whether the sexual contact was part of a demonstrated pattern
15 of abuse.
16 (9) Whether the offense included a display of unusual
17 cruelty by the offender during the commission of the crime.
18 (10) Any behavioral characteristics that contribute to
19 the offender's conduct.
20 All State, county and local agencies shall cooperate in
21 providing the necessary information as requested by the board in
22 connection with the required assessment.
23 (d) Submission of report by board.--The board shall submit a
24 written report containing its assessment to the court no later
25 than [60] 90 days from the date of conviction of the defendant.
26 Where the board members disagree on the assessment of the
27 offender, both members shall submit a written report to the
28 court.
29 (e) Court review of findings.--Upon receipt of the board's
30 report, the court shall determine if the offender is a sexually
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1 violent predator. This determination shall be made based on
2 evidence presented at a hearing held prior to sentencing and
3 before the trial judge. The offender and district attorney shall
4 be given notice of the hearing and an opportunity to be heard,
5 the right to call witnesses, the right to call expert witnesses
6 and the right to cross-examine witnesses. In addition, the
7 offender shall have the right to counsel and to have a lawyer
8 appointed to represent him if he cannot afford one. After a
9 review of all evidence presented at this hearing, the court may
10 determine whether the presumption arising under subsection (b)
11 has been rebutted and shall set forth this determination on the
12 sentencing order. A copy of the sentencing order containing the
13 determination shall be submitted to the Pennsylvania Board of
14 Probation and Parole [and], the Department of Corrections and
15 the board.
16 (f) Subsequent board review.--No sooner than one year prior
17 to release from a State or county correctional institution, or
18 in five-year intervals thereafter, an offender designated as a
19 sexually violent predator may petition the court with original
20 jurisdiction in the matter for reconsideration of the
21 determination. The court may review the determination and
22 request a new report by the board. The court may enter an order
23 terminating the designation in which case the court shall notify
24 the Pennsylvania State Police.
25 § 9795. Registration of [offenders] sexually violent predators
26 and out-of-State offenders.
27 (a) Registration of sexually violent predators.--
28 (1) A sexually violent predator shall be required to
29 register all current addresses with the Pennsylvania State
30 Police upon release from incarceration, upon parole from a
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1 State or county correctional institution or upon the
2 commencement of a sentence of intermediate punishment or
3 probation.
4 [The offender] (2) The sexually violent predator shall
5 inform the Pennsylvania State Police within ten days if the
6 [offender] sexually violent predator changes residence. The
7 [offender] sexually violent predator shall register with a
8 new law enforcement agency no later than ten days after
9 establishing residence in another state.
10 (3) The registration shall continue unless the court
11 determines the person is no longer a sexually violent
12 predator as provided in section 9794(f) (relating to
13 designation of sexually violent predators).
14 (4) Sexually violent predators shall register as
15 follows:
16 (i) Where the [offender] sexually violent predator
17 has been granted parole by the Pennsylvania Board of
18 Probation and Parole or is sentenced to probation or to
19 the county office of probation and parole, the board or
20 office shall collect registration information from the
21 [offender] sexually violent predator and forward that
22 registration information to the Pennsylvania State
23 Police. The Department of Corrections or county
24 correctional facility shall not release the [offender]
25 sexually violent predator until it receives verification
26 from the Pennsylvania State Police that it has received
27 the registration information. The chief county probation
28 and parole official in cooperation with a county
29 correctional facility shall, in accordance with
30 established guidelines, obtain the required information
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1 contained in section 9799.2(2) (relating to duties of
2 Pennsylvania Board of Probation and Parole) regarding
3 sexually violent predators released from a county
4 sentence and submit the information to the Pennsylvania
5 Board of Probation and Parole and the Pennsylvania State
6 Police. The sexually violent predator in a county
7 correctional facility shall not be released to a sentence
8 of probation or intermediate punishment until the
9 information has been obtained and submitted as required.
10 (ii) Where the [offender] sexually violent predator
11 is scheduled to be released from a State correctional
12 facility or county correctional facility due to the
13 expiration of the maximum term of incarceration, the
14 Department of Corrections or county correctional facility
15 shall collect the information from the [offender]
16 sexually violent predator no sooner than 45 days before
17 the maximum expiration date and no later than ten days
18 prior to the maximum expiration date. The Department of
19 Corrections or county correctional facility shall forward
20 the registration information to the Pennsylvania State
21 Police. [Where] If the [offender] sexually violent
22 predator scheduled to be released due to the maximum
23 expiration date refuses to provide the registration
24 information, the Department of Corrections or county
25 correctional facility shall notify the Pennsylvania State
26 Police prior to the expiration of the maximum term of
27 incarceration of the failure to provide registration
28 information and of the expected date, time and location
29 of the release of the [offender] sexually violent
30 predator. [The chief county probation and parole official
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1 in cooperation with a county correctional facility shall,
2 in accordance with established guidelines, obtain the
3 required information contained in section 9799.2(2)
4 (relating to duties of Pennsylvania Board of Probation
5 and Parole) regarding offenders released from a county
6 sentence and submit the information to the Pennsylvania
7 Board of Probation and Parole and the Pennsylvania State
8 Police.] The [offender] sexually violent predator in a
9 county correctional facility shall not be released from
10 incarceration [or released to a sentence of probation or
11 intermediate punishment] until the information has been
12 obtained and submitted as required.
13 (b) Court information for all offenders.--The sentencing
14 court shall inform offenders designated in section 9793
15 (relating to registration of certain offenders for ten years)
16 and sexually violent predators designated in subsection (a) at
17 the time of sentencing of the provisions of this subchapter. The
18 court shall:
19 (1) Specifically inform the offender or sexually violent
20 predator of the duty to register and [obtain] provide the
21 information required for each registration.
22 (2) Specifically inform the offender or sexually violent
23 predator of the duty to inform the Pennsylvania State Police
24 within ten days if the offender or sexually violent predator
25 changes residence.
26 (3) Specifically inform the offender or sexually violent
27 predator of the duty to register with a new law enforcement
28 agency if the offender or sexually violent predator moves to
29 another state no later than ten days after establishing
30 residence in another state.
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1 (4) Order the fingerprints and photograph of the person
2 to be provided to the Pennsylvania State Police upon
3 sentencing.
4 (5) Require the offender or sexually violent predator to
5 read and sign a form stating that the duty to register under
6 this subchapter has been explained. Where the offender or
7 sexually violent predator is incapable of reading, the court
8 shall certify the duty to register was explained to the
9 offender or sexually violent predator and the offender or
10 sexually violent predator indicated an understanding of the
11 duty.
12 (c) Offenders from other states.--As a condition of
13 obtaining residency in Pennsylvania under the interstate compact
14 for the supervision of parolees and probationers, sexual
15 offenders from other states shall be required to register and
16 abide by the requirements of this subchapter and, where the
17 Pennsylvania Board of Probation and Parole determines it is
18 necessary to protect the public, shall submit to public
19 notification as provided in section 9798 (relating to other
20 notification). Offenders or sexually violent predators from
21 other states shall register with the Pennsylvania State Police
22 as set forth in section 9793(d) (relating to registration of
23 certain offenders for ten years).
24 (d) Penalty.--Any offender or sexually violent predator who
25 fails to register with the Pennsylvania State Police as required
26 in this section commits a 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.] sexually violent predator shall
3 appear within ten days of receipt of the form at a Pennsylvania
4 State Police station to complete the verification form and to be
5 photographed.
6 (b) Annual verification.--The Pennsylvania State Police
7 shall verify the residence of offenders designated in section
8 9793 (relating to registration of certain offenders for ten
9 years) annually through the use of a residence verification
10 form. The [form shall be returned by the offender within ten
11 days.] offender shall annually appear at a Pennsylvania State
12 Police station to complete the verification form and to be
13 photographed.
14 (c) Notification of law enforcement agencies of change in
15 address.--A change of address of an offender required to
16 register under this subchapter reported to the Pennsylvania
17 State Police shall be immediately reported by the Pennsylvania
18 State Police to the appropriate law enforcement agency having
19 jurisdiction of the offender's new place of residence. The
20 Pennsylvania State Police shall, if the offender changes
21 residence to another state, notify the law enforcement agency
22 with which the offender must register in the new state.
23 (d) Failure to provide verification.--Where any offender
24 fails to provide verification of residence within the ten-day
25 period as set forth in this section, the Pennsylvania State
26 Police shall immediately notify the municipal police department
27 of the offender's last verified residence. The local municipal
28 police shall locate the offender and arrest him for violating
29 this section. The Pennsylvania State Police shall assume
30 responsibility for locating the offender and arresting him in
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1 jurisdictions where no municipal police jurisdiction exists. The
2 Pennsylvania State Police shall assist any municipal police
3 department requesting assistance with locating and arresting an
4 offender who fails to verify his residence.
5 (e) Penalty.--Any offender or sexually violent predator who
6 fails to verify his residence or be photographed as required in
7 this section commits a felony of the third degree.
8 § 9798. Other notification.
9 (a) By municipality's chief law enforcement officer.--
10 Notwithstanding any of the provisions of 18 Pa.C.S. Ch. 91
11 (relating to criminal history record information), the chief law
12 enforcement officer of the full-time or part-time police
13 department of the municipality where a sexually violent predator
14 lives shall be responsible for providing written notice as
15 required under this section.
16 (1) The notice shall contain:
17 (i) The name of the convicted sexually violent
18 predator or out-of-State offender.
19 (ii) The address or addresses at which he resides.
20 (iii) The offense for which he was convicted.
21 (iv) A statement that he has been designated by
22 court order as a sexually violent predator, which
23 designation has or has not been terminated as of a date
24 certain.
25 (v) A photograph of the sexually violent predator or
26 out-of-State offender, if available.
27 (2) The notice shall not include any information that
28 might reveal the victim's name, identity and residence.
29 (b) To whom written notice is provided.--The chief law
30 enforcement officer shall provide written notice, under
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1 subsection (a), to the following persons:
2 (1) Neighbors of the sexually violent predator or out-
3 of-State offender.
4 (2) The director of the county children and youth
5 service agency of the county where the sexually violent
6 predator or out-of-State offender resides.
7 (3) The superintendent of each school district and the
8 equivalent official for private and parochial schools
9 enrolling students up through grade 12 in the municipality.
10 (4) The director of each licensed day care center and
11 licensed preschool program in the municipality.
12 (5) The president of each college, university and
13 community college located within 1,000 feet of a sexually
14 violent predator's or out-of-State offender's address.
15 (c) Urgency of notification.--The municipal police
16 department's chief law enforcement officer shall provide notice
17 within the following time frames:
18 (1) To neighbors, notice shall be provided within 72
19 hours after information of the sexually violent predator's
20 release date and address has been received by the chief law
21 enforcement officer. Notwithstanding the provisions of
22 subsections (a) and (b), verbal notification may be used if
23 written notification would delay meeting this time
24 requirement.
25 (2) To the persons specified in subsection (b)(2), (3),
26 (4) and (5), notice shall be provided within seven days after
27 the chief law enforcement officer receives information
28 regarding the sexually violent predator's or out-of-State
29 offender's release date and address.
30 (d) Public notice.--All information provided in accordance
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1 with subsection (a) shall be available, upon request, to the
2 general public. The information may be provided by electronic
3 means.
4 § 9799. Immunity for good faith conduct.
5 The following entities shall be immune from liability for
6 good faith conduct under this section:
7 (1) The Pennsylvania State Police and local law
8 enforcement agencies and employees of law enforcement
9 agencies.
10 (2) District attorneys and their agents and employees.
11 (3) Superintendents, administrators, teachers, employees
12 and volunteers engaged in the supervision of children of any
13 public, private or parochial school.
14 (4) Directors and employees of county children and youth
15 agencies.
16 (5) Presidents or similar officers of universities and
17 colleges, including community colleges.
18 (6) The Pennsylvania Board of Probation and Parole and
19 its agents and employees.
20 (7) County probation and parole offices and their agents
21 and employees.
22 [(7)] (8) Directors of licensed day care centers and
23 directors of licensed preschool programs.
24 (9) The Pennsylvania Department of Corrections and its
25 agents and employees.
26 (10) County correctional facilities and their agents and
27 employees.
28 (11) Members of the Sexual Offenders Assessment Board
29 and its agents and employees.
30 § 9799.3. Board.
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1 (a) Composition.--The State Sexual Offenders Assessment
2 Board [to Assess Sexually Violent Predators] shall be composed
3 of psychiatrists, psychologists and criminal justice experts,
4 each of whom is an expert in the field of the behavior and
5 treatment of sexual offenders.
6 (b) Appointment.--The Governor shall appoint the board
7 members.
8 (c) Term of office.--Members of the board shall serve four-
9 year terms.
10 (d) Compensation.--The members of the board shall be
11 compensated at a rate of [$200] $350 per assessment and receive
12 reimbursement for their actual and necessary expenses while
13 performing the business of the board. The chairman shall receive
14 $500 additional compensation per annum.
15 (e) Staff.--Support staff for the board shall be provided by
16 the Pennsylvania Board of Probation and Parole.
17 § 9799.6. Applicability.
18 (a) In-State offender.--The provisions of Subchapter H
19 (relating to registration of sexual offenders) shall apply to
20 any individual convicted in this Commonwealth of an offense set
21 forth in section 9793(b) (relating to registration of certain
22 offenders for ten years) or an equivalent offense and who is:
23 (1) convicted and sentenced to intermediate punishment
24 or probation;
25 (2) under the supervision of the Pennsylvania Board of
26 Probation and Parole or a county office of probation and
27 parole; or
28 (3) incarcerated on the effective date of this act.
29 (b) Out-of-State offender.--The provisions of section
30 9793(d) [(relating to registration of certain offenders for ten
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1 years)] shall apply to [all offenders]:
2 (1) any out-of-State offender convicted of an offense
3 equivalent to an offense set forth in section 9793(b);
4 (2) any person convicted of a sexual offense who was
5 required to register under a sexual offender "Megan's law"
6 statute in the jurisdiction where that person was convicted
7 before the effective date of this section [who remain];
8 (3) any person who remains incarcerated or on parole on
9 the effective date of this section[. In addition, the
10 provisions of section 9793(d) shall apply to all offenders];
11 and
12 (4) any offender convicted of an offense equivalent to
13 an offense set forth in section 9793(b) or a person convicted
14 of a sexual offense who was required to register under a
15 sexual offender "Megan's law" statute in the jurisdiction
16 where that person was convicted on or after the effective
17 date of this section.
18 (c) Registration.--The provisions of section 9793(d) shall
19 apply to any offender who committed an offense set forth in
20 section 9793(b) or an equivalent offense before the effective
21 date of this subsection but were convicted after the effective
22 date of this subsection.
23 Section 3. This act shall take effect in 60 days.
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