PRIOR PRINTER'S NO. 558 PRINTER'S NO. 857
No. 521 Session of 2003
INTRODUCED BY BRIGHTBILL, PICCOLA, CONTI, JUBELIRER, MUSTO,
LEMMOND, WENGER, M. WHITE, DENT, TARTAGLIONE, RAFFERTY,
COSTA, ERICKSON, TOMLINSON, WONDERLING, MOWERY, GREENLEAF,
RHOADES, WAUGH, ORIE, BOSCOLA, STACK, C. WILLIAMS AND
THOMPSON, MARCH 18, 2003
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MAY 13, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for assessment
3 AND commitment and registration of sexually violent <--
4 delinquent children and young adults.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 6358. Assessment of sexually violent delinquent children.
10 (a) General rule.--A child who has been found to be
11 delinquent for an act or acts of sexual violence which if
12 committed by an adult would be a violation of 18 Pa.C.S. § 3121
13 (relating to rape), 3123 (relating to involuntary deviate sexual
14 intercourse), 3124.1 (relating to sexual assault), 3125
15 (relating to aggravated indecent assault) or 4302 (relating to
16 incest) who has been committed to an institution pursuant to
17 section 6352 (relating to disposition of delinquent child) shall
1 be subject to an assessment by the State Sexual Offenders
2 Assessment Board upon attaining 20 years of age.
3 (b) Duty of probation officer.--Thirty days prior to the
4 20th birthday of the child, the probation officer shall have the
5 duty to notify the State Sexual Offenders Assessment Board of
6 the status of the delinquent child and the institution where the
7 child is presently committed. The probation officer shall assist
8 the board in obtaining access to the child and any information
9 required by the board to perform the assessment.
10 (c) Report.--Upon the completion of the assessment pursuant
11 to this section, the State Sexual Offenders Assessment Board
12 shall provide the assessment to the court. In no case shall the
13 board file the report later than 90 days after the offender's
14 20th birthday.
15 (d) Duty of court.--The court shall provide a copy of the
16 assessment by the State Sexual Offenders Assessment Board to the
17 probation officer, the district attorney and defense counsel.
18 (e) Dispositional review hearing.--The court shall consider
19 the assessment, treatment information and any other relevant
20 information regarding the sexually violent delinquent child at
21 the dispositional review hearing pursuant to section 6353
22 (relating to limitation on and change in place of commitment),
23 which shall be held no later than 180 days before the 21st
24 birthday of the child.
25 (f) Subsequent proceeding.--If, at the dispositional review
26 hearing required in subsection (e), evidence indicates that the
27 child may be subject to commitment under the provisions of
28 Chapter 64 (relating to commitment of sexually violent
29 delinquent children and young adults), the court shall proceed
30 under the provisions of that chapter.
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1 Section 2. Title 42 is amended by adding a chapter to read:
2 CHAPTER 64
3 COMMITMENT OF SEXUALLY VIOLENT DELINQUENT CHILDREN AND YOUNG
4 ADULTS
5 Sec.
6 6401. Scope of chapter.
7 6402. Definitions.
8 6403. Court-ordered involuntary commitment.
9 6404. Duration of commitment and review.
10 6405. Duty of Department of Public Welfare. <--
11 6406. Regulations.
12 6407. Jurisdiction.
13 SECTION 6405. RIGHT TO COUNSEL. <--
14 SECTION 6406. DUTY OF DEPARTMENT OF PUBLIC WELFARE.
15 SECTION 6407. REGULATIONS.
16 SECTION 6408. JURISDICTION.
17 § 6401. Scope of chapter.
18 This chapter establishes rights and procedures for the civil
19 commitment of sexually violent delinquent children and young
20 adults who due to a mental abnormality or personality disorder
21 have serious difficulty in controlling dangerous sexual SEXUALLY <--
22 VIOLENT behavior and thereby pose a danger to the public.
23 § 6402. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Department." The Department of Public Welfare of the
28 Commonwealth.
29 "MENTAL ABNORMALITY." A CONGENITAL OR ACQUIRED CONDITION OF <--
30 A PERSON AFFECTING THE EMOTIONAL OR VOLITIONAL CAPACITY WHICH
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1 PREDISPOSES THE PERSON TO COMMIT SEXUALLY VIOLENT OFFENSES TO A
2 DEGREE MAKING THE PERSON A MENACE TO THE HEALTH AND SAFETY OF
3 OTHERS.
4 "Sexually violent delinquent child." A child who has been
5 found delinquent for an act or acts of sexual violence which if
6 committed by an adult would be a violation of 18 Pa.C.S. § 3121
7 (relating to rape), 3123 (relating to involuntary deviate sexual
8 intercourse), 3124.1 (relating to sexual assault), 3125
9 (relating to aggravated indecent assault) or 4302 (relating to
10 incest).
11 § 6403. Court-ordered involuntary commitment.
12 (a) Persons subject to commitment.--A person may be subject
13 to court-ordered involuntary commitment under this chapter if
14 the person:
15 (1) Has been adjudicated delinquent for an act or acts
16 of sexual violence which if committed by an adult would be a
17 violation of 18 Pa.C.S. § 3121 (relating to rape), 3123
18 (relating to involuntary deviate sexual intercourse), 3124.1
19 (relating to sexual assault), 3125 (relating to aggravated
20 indecent assault) or 4302 (relating to incest).
21 (2) Has been committed to an institution pursuant to
22 section 6352 (relating to disposition of delinquent child)
23 and remains in the institution upon attaining 20 years of
24 age.
25 (3) Is in need of commitment due to a mental abnormality
26 or personality disorder which results in serious difficulty
27 in controlling dangerous sexual SEXUALLY VIOLENT behavior. <--
28 (b) Procedures for initiating court-ordered involuntary
29 commitment.--
30 (1) A petition shall be filed by the Juvenile Probation
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1 Office before the court having jurisdiction of the person
2 pursuant to Chapter 63 (relating to juvenile matters).
3 (2) The petition shall be in writing in a form adopted
4 by the department and shall set forth the facts constituting
5 reasonable grounds to believe the individual is within the
6 criteria for court-ordered commitment as set forth in
7 subsection (a). The petition shall include the evaluation of
8 the person by the State Sexual Offenders Assessment Board as
9 required in section 6358 (relating to assessment of sexually
10 violent delinquent children).
11 (3) The court shall set a date for the hearing and
12 direct the person to appear for a hearing. A copy of the
13 petition shall be served on the person at least 30 days
14 before the hearing together with a notice advising that the
15 person has the right to counsel and that, if he cannot afford
16 one, counsel shall be appointed for the person.
17 (4) The person shall be informed that the person has a
18 right to be assisted in the proceedings by an independent
19 expert in the field of dangerous sexual SEXUALLY VIOLENT <--
20 behavior. If the person cannot afford to engage such an
21 expert, the court shall allow a reasonable fee for such
22 purpose.
23 (c) Hearing.--A hearing pursuant to this chapter shall be
24 conducted as follows:
25 (1) The person shall not be called as a witness without
26 the person's consent.
27 (2) The person shall have the right to confront and
28 cross-examine all witnesses and to present evidence on the
29 person's own behalf.
30 (3) The hearing shall be public.
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1 (4) A stenographic or other sufficient record shall be
2 made.
3 (5) The hearing shall be conducted by the court.
4 (6) A decision shall be rendered within five days after
5 the conclusion of the hearing.
6 (d) Determination and order.--Upon a finding by clear and
7 convincing evidence that the person has a mental abnormality or
8 personality disorder which results in serious difficulty in
9 controlling dangerous sexual SEXUALLY VIOLENT behavior, an order <--
10 shall be entered directing commitment of the person to an
11 institution designated by the department. The order shall be in
12 writing and shall be consistent with the protection of the
13 public safety and the appropriate control, care and treatment of
14 the person.
15 § 6404. Duration of commitment and review.
16 (a) Initial period of commitment.--The person shall be
17 subject to a period of commitment for one year.
18 (b) Annual review.--
19 (1) Sixty days prior to the expiration of the one-year
20 commitment period, the department shall submit an evaluation
21 of the person to the court.
22 (2) The court shall schedule a review hearing which
23 shall be conducted pursuant to section 6403(c) (relating to
24 court-ordered involuntary commitment). Notice of the petition
25 and review hearing shall be provided to the person, the
26 juvenile probation office, the county administrator and the
27 district attorney. If the court determines by clear and
28 convincing evidence that the person continues to have serious
29 difficulty controlling sexually violent behavior due to a
30 mental abnormality or personality disorder, the court may
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1 order an additional period of commitment of one year. The
2 order shall be in writing and shall be consistent with the
3 protection of the public safety and appropriate control, care
4 and treatment of the person.
5 (c) Discharge.--
6 (1) If at any time the director of the facility to which
7 the person was committed concludes the person no longer has
8 serious difficulty in controlling dangerous sexual SEXUALLY <--
9 VIOLENT behavior, the director shall petition the court for a
10 hearing. Notice of the petition shall be given to the person,
11 the county administrator and the district attorney.
12 (2) Within 15 days after the petition has been filed,
13 the court shall hold a hearing pursuant to section 6403(c).
14 If the court determines the person no longer has serious
15 difficulty controlling sexually violent behavior, the court
16 shall order the discharge of the person but require the
17 registration of the person pursuant to Subchapter H of
18 Chapter 97 (relating to registration of sexual offenders). If
19 the court denies the petition, the person shall be subject to
20 the remainder of the original period of commitment.
21 (3) The department shall provide the person with notice
22 of the person's right to petition the court for discharge
23 over the objection of the department. The court, after review
24 of the petition, may schedule a hearing pursuant to section
25 6403(c).
26 (D) LIMITATION OF TOTAL PERIOD OF COMMITMENT.--IN NO CASE <--
27 SHALL A PERSON SUBJECT TO ADDITIONAL ONE-YEAR COMMITMENT PERIODS
28 BE CONFINED FOR MORE THAN TEN YEARS.
29 § 6405. RIGHT TO COUNSEL.
30 AT EACH PROCEEDING CONDUCTED PURSUANT TO THE PROVISIONS OF
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1 THIS CHAPTER, THE PERSON WHO IS THE SUBJECT OF THE PROCEEDING
2 SHALL HAVE THE RIGHT TO ASSISTANCE OF COUNSEL.
3 § 6405 6406. Duty of Department of Public Welfare. <--
4 The department shall have the duty to provide a secure
5 facility for the control, care and treatment of persons
6 committed pursuant to this chapter.
7 § 6406 6407. Regulations. <--
8 The department shall adopt such regulations as are necessary
9 to effectuate the provisions of this chapter.
10 § 6407 6408. Jurisdiction. <--
11 The court of common pleas for the county which entered the
12 order for commitment of the person for a delinquent act pursuant
13 to Chapter 63 (relating to juvenile matters) shall have
14 jurisdiction for proceedings under this chapter including
15 subsequent proceedings.
16 Section 3. Section 9792 of Title 42 is amended by adding a
17 definition to read:
18 § 9792. Definitions.
19 The following words and phrases when used in this subchapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 * * *
23 "Sexually violent delinquent child." A child who has been
24 found delinquent for an act or acts of sexual violence which if
25 committed by an adult would be a violation of 18 Pa.C.S. § 3121
26 (relating to rape), 3123 (relating to involuntary deviate sexual
27 intercourse), 3124.1 (relating to sexual assault), 3125
28 (relating to aggravated indecent assault) or 4302 (relating to
29 incest).
30 * * *
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1 Section 4. Section 9795.1(a) of Title 42 is amended by <--
2 adding a paragraph to read:
3 § 9795.1. Registration.
4 (a) Ten-year registration.--The following individuals shall
5 be required to register with the Pennsylvania State Police for a
6 period of ten years:
7 * * *
8 (3) Sexually violent delinquent children who have been
9 committed to an institution pursuant to section 6352
10 (relating to disposition of delinquent child) prior to their
11 discharge from the institution or to the court relinquishing
12 jurisdiction of the juvenile pursuant to Chapter 63 (relating
13 to juvenile matters).
14 * * *
15 Section 5. Sections 9795.2 and 9795.4 of Title 42 are
16 amended by adding subsections to read:
17 § 9795.2. Registration procedures and applicability.
18 * * *
19 (b.1) Applicability to sexually violent delinquent
20 children.--The registration requirements of this subchapter
21 shall apply to sexually violent delinquent children who have
22 been committed to an institution pursuant to section 6352
23 (relating to disposition of delinquent child).
24 * * *
25 SECTION 4. SECTION 9795.4 OF TITLE 42 IS AMENDED BY ADDING A <--
26 SUBSECTION TO READ:
27 § 9795.4. Assessments.
28 * * *
29 (h) Sexually violent delinquent children.--The probation
30 officer shall notify the board 30 days prior to the 20th
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1 birthday of the child of the status of the sexually violent
2 delinquent child and the information where the delinquent child
3 is presently committed. The board shall conduct an assessment of
4 the child and provide a report to the court within 90 days after
5 receiving notice of the child's 20th birthday. The probation
6 officer shall assist the board in obtaining access to the child
7 and any records or information as requested by the board in
8 connection with the assessment. The assessment shall be
9 conducted pursuant to subsection (b).
10 Section 6 5. Section 9799.1(1) of Title 42 is amended to <--
11 read:
12 § 9799.1. Duties of Pennsylvania State Police.
13 The Pennsylvania State Police shall:
14 (1) Create and maintain a State registry of offenders
15 [and], sexually violent predators and sexually violent
16 delinquent children.
17 * * *
18 Section 7 6. This act shall take effect in 180 days. <--
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