42c9701h

 

 

CHAPTER 97

SENTENCING

 

Subchapter

A.  General Provisions

B.  Sentencing Authority

C.  Sentencing Alternatives

D.  Informational Basis of Sentence

E.  Imposition of Sentence

F.  Further Judicial Action

G.  Appellate Review of Sentence

H.  Registration of Sexual Offenders

I.  Continued Registration of Sexual Offenders

 

Enactment.  Chapter 97 was transferred from Chapter 13 of Title 18 (Crimes and Offenses) October 5, 1980, P.L.693, No.142, effective in 60 days.

Prior Provisions.  The number and heading of former Chapter 13 of Title 18 were added December 6, 1972, P.L.1482, No.334, effective in six months. Unless otherwise noted, the remaining provisions of former Chapter 13 of Title 18 were added December 30, 1974, P.L.1052, No.345, effective in 90 days.

Cross References.  Chapter 97 is referred to in section 2153 of this title.

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

9701.  Short title of chapter.

9702.  Definitions.

9703.  Scope of chapter.

42c9701s

§ 9701.  Short title of chapter.

This chapter shall be known and may be cited as the "Sentencing Code."

42c9702s

§ 9702.  Definitions.

As used in this chapter "court" and "judge" include (when exercising criminal or quasi-criminal jurisdiction pursuant to section 1515 (relating to jurisdiction and venue)) a magisterial district judge.

42c9702v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

 

2004 Amendment.  See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

42c9703s

§ 9703.  Scope of chapter.

Except as otherwise specifically provided in this chapter, in all cases the sentence to be imposed shall be determined by the court as authorized by law.

42c9703v

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days)

 

1982 Amendment.  Act 54 added section 9703.

42c9711h

 

 

SUBCHAPTER B

SENTENCING AUTHORITY

 

Sec.

9711.  Sentencing procedure for murder of the first degree.

9711.1. Sentencing for certain murders of infant persons.

9712.  Sentences for offenses committed with firearms.

9712.1. Sentences for certain drug offenses committed with firearms.

9713.  Sentences for offenses committed on public transportation.

9714.  Sentences for second and subsequent offenses.

9715.  Life imprisonment for homicide.

9716.  Two or more mandatory minimum sentences applicable.

9717.  Sentences for offenses against elderly persons.

9718.  Sentences for offenses against infant persons.

9718.1. Sexual offender treatment.

9718.2. Sentences for sexual offenders.

9718.3. Sentence for failure to comply with registration of sexual offenders (Expired).

9718.4. Sentence for failure to comply with registration of sexual offenders.

9718.5. Mandatory period of probation for certain sexual offenders.

9719.  Sentences for offenses committed while impersonating a law enforcement officer.

9719.1. Sentences for offenses committed against law enforcement officer.

9720.  Sentencing for criminal mischief.

9720.1. Restitution for identity theft (Repealed).

9720.2. Sentencing for trafficking of persons.

9720.3. Sentencing for certain paroled offenders.

9720.4. Sentencing for offenses committed in association with a criminal gang.

9720.5. Sentencing for offenses involving sexual abuse of children.

9720.6. Sentencing for arson offenses.

9720.7. Sentencing for burglary.

9720.8. Sentencing for offenses involving domestic violence in the presence of a minor.

42c9711s

§ 9711.  Sentencing procedure for murder of the first degree.

(a)  Procedure in jury trials.--

(1)  After a verdict of murder of the first degree is recorded and before the jury is discharged, the court shall conduct a separate sentencing hearing in which the jury shall determine whether the defendant shall be sentenced to death or life imprisonment.

(2)  In the sentencing hearing, evidence concerning the victim and the impact that the death of the victim has had on the family of the victim is admissible. Additionally, evidence may be presented as to any other matter that the court deems relevant and admissible on the question of the sentence to be imposed. Evidence shall include matters relating to any of the aggravating or mitigating circumstances specified in subsections (d) and (e), and information concerning the victim and the impact that the death of the victim has had on the family of the victim. Evidence of aggravating circumstances shall be limited to those circumstances specified in subsection (d).

(3)  After the presentation of evidence, the court shall permit counsel to present argument for or against the sentence of death. The court shall then instruct the jury in accordance with subsection (c).

(4)  Failure of the jury to unanimously agree upon a sentence shall not impeach or in any way affect the guilty verdict previously recorded.

(b)  Procedure in nonjury trials and guilty pleas.--If the defendant has waived a jury trial or pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose unless waived by the defendant with the consent of the Commonwealth, in which case the trial judge shall hear the evidence and determine the penalty in the same manner as would a jury as provided in subsection (a).

(c)  Instructions to jury.--

(1)  Before the jury retires to consider the sentencing verdict, the court shall instruct the jury on the following matters:

(i)  The aggravating circumstances specified in subsection (d) as to which there is some evidence.

(ii)  The mitigating circumstances specified in subsection (e) as to which there is some evidence.

(iii)  Aggravating circumstances must be proved by the Commonwealth beyond a reasonable doubt; mitigating circumstances must be proved by the defendant by a preponderance of the evidence.

(iv)  The verdict must be a sentence of death if the jury unanimously finds at least one aggravating circumstance specified in subsection (d) and no mitigating circumstance or if the jury unanimously finds one or more aggravating circumstances which outweigh any mitigating circumstances. The verdict must be a sentence of life imprisonment in all other cases.

(v)  The court may, in its discretion, discharge the jury if it is of the opinion that further deliberation will not result in a unanimous agreement as to the sentence, in which case the court shall sentence the defendant to life imprisonment.

(2)  The court shall instruct the jury that if it finds at least one aggravating circumstance and at least one mitigating circumstance, it shall consider, in weighing the aggravating and mitigating circumstances, any evidence presented about the victim and about the impact of the murder on the victim's family. The court shall also instruct the jury on any other matter that may be just and proper under the circumstances.

(d)  Aggravating circumstances.--Aggravating circumstances shall be limited to the following:

(1)  The victim was a firefighter, peace officer, public servant concerned in official detention, as defined in 18 Pa.C.S. § 5121 (relating to escape), judge of any court in the unified judicial system, the Attorney General of Pennsylvania, a deputy attorney general, district attorney, assistant district attorney, member of the General Assembly, Governor, Lieutenant Governor, Auditor General, State Treasurer, State law enforcement official, local law enforcement official, Federal law enforcement official or person employed to assist or assisting any law enforcement official in the performance of his duties, who was killed in the performance of his duties or as a result of his official position.

(2)  The defendant paid or was paid by another person or had contracted to pay or be paid by another person or had conspired to pay or be paid by another person for the killing of the victim.

(3)  The victim was being held by the defendant for ransom or reward, or as a shield or hostage.

(4)  The death of the victim occurred while defendant was engaged in the hijacking of an aircraft.

(5)  The victim was a prosecution witness to a murder or other felony committed by the defendant and was killed for the purpose of preventing his testimony against the defendant in any grand jury or criminal proceeding involving such offenses.

(6)  The defendant committed a killing while in the perpetration of a felony.

(7)  In the commission of the offense the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense.

(8)  The offense was committed by means of torture.

(9)  The defendant has a significant history of felony convictions involving the use or threat of violence to the person.

(10)  The defendant has been convicted of another Federal or State offense, committed either before or at the time of the offense at issue, for which a sentence of life imprisonment or death was imposable or the defendant was undergoing a sentence of life imprisonment for any reason at the time of the commission of the offense.

(11)  The defendant has been convicted of another murder committed in any jurisdiction and committed either before or at the time of the offense at issue.

(12)  The defendant has been convicted of voluntary manslaughter, as defined in 18 Pa.C.S. § 2503 (relating to voluntary manslaughter), or a substantially equivalent crime in any other jurisdiction, committed either before or at the time of the offense at issue.

(13)  The defendant committed the killing or was an accomplice in the killing, as defined in 18 Pa.C.S. § 306(c) (relating to liability for conduct of another; complicity), while in the perpetration of a felony under the provisions of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, and punishable under the provisions of 18 Pa.C.S. § 7508 (relating to drug trafficking sentencing and penalties).

(14)  At the time of the killing, the victim was or had been involved, associated or in competition with the defendant in the sale, manufacture, distribution or delivery of any controlled substance or counterfeit controlled substance in violation of The Controlled Substance, Drug, Device and Cosmetic Act or similar law of any other state, the District of Columbia or the United States, and the defendant committed the killing or was an accomplice to the killing as defined in 18 Pa.C.S. § 306(c), and the killing resulted from or was related to that association, involvement or competition to promote the defendant's activities in selling, manufacturing, distributing or delivering controlled substances or counterfeit controlled substances.

(15)  At the time of the killing, the victim was or had been a nongovernmental informant or had otherwise provided any investigative, law enforcement or police agency with information concerning criminal activity and the defendant committed the killing or was an accomplice to the killing as defined in 18 Pa.C.S. § 306(c), and the killing was in retaliation for the victim's activities as a nongovernmental informant or in providing information concerning criminal activity to an investigative, law enforcement or police agency.

(16)  The victim was a child under 12 years of age.

(17)  At the time of the killing, the victim was in her third trimester of pregnancy or the defendant had knowledge of the victim's pregnancy.

(18)  At the time of the killing the defendant was subject to a court order restricting in any way the defendant's behavior toward the victim pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or any other order of a court of common pleas or of the minor judiciary designed in whole or in part to protect the victim from the defendant.

(e)  Mitigating circumstances.--Mitigating circumstances shall include the following:

(1)  The defendant has no significant history of prior criminal convictions.

(2)  The defendant was under the influence of extreme mental or emotional disturbance.

(3)  The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(4)  The age of the defendant at the time of the crime.

(5)  The defendant acted under extreme duress, although not such duress as to constitute a defense to prosecution under 18 Pa.C.S. § 309 (relating to duress), or acted under the substantial domination of another person.

(6)  The victim was a participant in the defendant's homicidal conduct or consented to the homicidal acts.

(7)  The defendant's participation in the homicidal act was relatively minor.

(8)  Any other evidence of mitigation concerning the character and record of the defendant and the circumstances of his offense.

(f)  Sentencing verdict by the jury.--

(1)  After hearing all the evidence and receiving the instructions from the court, the jury shall deliberate and render a sentencing verdict. In rendering the verdict, if the sentence is death, the jury shall set forth in such form as designated by the court the findings upon which the sentence is based.

(2)  Based upon these findings, the jury shall set forth in writing whether the sentence is death or life imprisonment.

(g)  Recording sentencing verdict.--Whenever the jury shall agree upon a sentencing verdict, it shall be received and recorded by the court. The court shall thereafter impose upon the defendant the sentence fixed by the jury.

(h)  Review of death sentence.--

(1)  A sentence of death shall be subject to automatic review by the Supreme Court of Pennsylvania pursuant to its rules.

(2)  In addition to its authority to correct errors at trial, the Supreme Court shall either affirm the sentence of death or vacate the sentence of death and remand for further proceedings as provided in paragraph (4).

(3)  The Supreme Court shall affirm the sentence of death unless it determines that:

(i)  the sentence of death was the product of passion, prejudice or any other arbitrary factor; or

(ii)  the evidence fails to support the finding of at least one aggravating circumstance specified in subsection (d).

(4)  If the Supreme Court determines that the death penalty must be vacated because none of the aggravating circumstances are supported by sufficient evidence, then it shall remand for the imposition of a life imprisonment sentence. If the Supreme Court determines that the death penalty must be vacated for any other reason, it shall remand for a new sentencing hearing pursuant to subsections (a) through (g).

(i)  Record of death sentence to Governor.--Where a sentence of death is upheld by the Supreme Court, the prothonotary of the Supreme Court shall transmit to the Governor a full and complete record of the trial, sentencing hearing, imposition of sentence, opinion and order by the Supreme Court within 30 days of one of the following, whichever occurs first:

(1)  the expiration of the time period for filing a petition for writ of certiorari or extension thereof where neither has been filed;

(2)  the denial of a petition for writ of certiorari; or

(3)  the disposition of the appeal by the United States Supreme Court, if that court grants the petition for writ of certiorari.

Notice of this transmission shall contemporaneously be provided to the Secretary of Corrections.

(j)  Issuance of warrant.--(Repealed).

(k)  Terms of confinement.--(Repealed).

(l)  Witnesses to execution.--(Repealed).

(m)  Certification of superintendent.--(Repealed).

(n)  Postmortem examination.--(Repealed).

(o)  Costs of execution and examination.--(Repealed).

42c9711v

(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Dec. 30, 1974, P.L.1052, No.345, eff. 90 days; Sept. 13, 1978, P.L.756, No.141, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; July 7, 1986, P.L.400, No.87, eff. 60 days; Dec. 21, 1988, P.L.1862, No.179, eff. imd.; Dec. 22, 1989, P.L.727, No.99, eff. imd.; Mar. 15, 1995, 1st Sp.Sess., P.L.966, No.4, eff. imd.; Oct. 11, 1995, 1st Sp.Sess., P.L.1064, No.22, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1117, No.31, eff. 60 days; Apr. 25, 1997, P.L.84, No.6, eff. 60 days; June 25, 1997, P.L.293, No.28, eff. imd.; June 18, 1998, P.L.622, No.80, eff. 60 days; Oct. 12, 1999, P.L.420, No.38, eff. 60 days)

 

1999 Amendment.  Act 38 amended subsec. (i).

1998 Repeal.  Act 80 repealed subsecs. (j), (k), (l), (m), (n) and (o).

1997 Amendments.  Act 6 added subsec. (d)(18) and Act 28 amended subsec. (h).

1995 Amendments.  Act 4, 1st Sp.Sess., amended subsecs. (d) and (i) and added subsecs. (j), (k), (l), (m), (n) and (o), Act 22, 1st Sp.Sess., amended subsecs. (a)(2), (b) and (c)(2) and Act 31, 1st Sp.Sess., added subsec. (d)(17). Section 4 of Act 4, 1st Sp.Sess., provided that Act 4 shall apply to cases in which the Governor has, as of the effective date of Act 4, not yet received the transcript of the record. Section 2 of Act 22, 1st Sp.Sess., provided that the amendment of subsecs. (a)(2), (b) and (c)(2) shall apply to sentences imposed for offenses which take place on or after the effective date of Act 22.

1980 Amendment.  Act 142 amended subsecs. (d)(1) and (e)(5).

1978 Amendment.  Act 141 added present section 9711 (as section 1311 of Title 18) and repealed former section 1311 relating to the same subject matter.

Cross References.  Section 9711 is referred to in sections 722, 9543.1, 9577, 9738 of this title; section 1102 of Title 18 (Crimes and Offenses); section 4302 of Title 61 (Prisons and Parole).

42c9711.1s

§ 9711.1.  Sentencing for certain murders of infant persons.

(a)  Sentence enhancement.--The Pennsylvania Commission on Sentencing, pursuant to section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under 18 Pa.C.S. § 2502(c) (relating to murder) when the victim was less than 13 years of age at the time of the commission of the offense.

(b)  Applicability.--The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall determine, by preponderance of the evidence, if this section is applicable.

(c)  Consecutive sentence.--A sentence imposed upon a person to whom this section applies shall be served consecutively to any other sentence the person is serving and to any other sentence being then imposed by the court.

42c9711.1v

(Oct. 25, 2012, P.L.1655, No.204, eff. 60 days)

 

2012 Amendment.  Act 204 added section 9711.1.

42c9712s

§ 9712.  Sentences for offenses committed with firearms.

(a)  Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall, if the person visibly possessed a firearm or a replica of a firearm, whether or not the firearm or replica was loaded or functional, that placed the victim in reasonable fear of death or serious bodily injury, during the commission of the offense, be sentenced to a minimum sentence of at least five years of total confinement notwithstanding any other provision of this title or other statute to the contrary. Such persons shall not be eligible for parole, probation, work release or furlough.

(b)  Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.

(c)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(d)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(e)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm."  Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.

"Replica of a firearm."  An item that can reasonably be perceived to be a firearm.

42c9712v

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)

 

1995 Amendments.  Act 17, 1st Sp.Sess., amended subsecs. (a) and (e) and Act 21, 1st Sp.Sess., amended subsec. (a). See the preamble to Act 17, 1st Sp.Sess., in the appendix to this title for special provisions relating to legislative purpose. Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall apply to all offenses committed on or after the effective date of Act 21.

Cross References.  Section 9712 is referred to in sections 9712.1, 9715 of this title; sections 505, 2702.1 of Title 18 (Crimes and Offenses); section 6137 of Title 61 (Prisons and Parole).

42c9712.1s

§ 9712.1.  Sentences for certain drug offenses committed with firearms.

(a)  Mandatory sentence.--Any person who is convicted of a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, when at the time of the offense the person or the person's accomplice is in physical possession or control of a firearm, whether visible, concealed about the person or the person's accomplice or within the actor's or accomplice's reach or in close proximity to the controlled substance, shall likewise be sentenced to a minimum sentence of at least five years of total confinement.

(b)  Limitation on aggregate sentences.--Where a defendant is subject to a mandatory minimum sentence under 18 Pa.C.S. § 7508(a) (relating to drug trafficking sentencing and penalties) and is also subject to an additional penalty under subsection (a) and where the court elects to aggregate these penalties, the combined minimum sentence may not exceed the statutory maximum sentence of imprisonment allowable under The Controlled Substance, Drug, Device and Cosmetic Act.

(c)  Proof at sentencing.--Provisions of this section shall not be an element of the crime, and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.

(d)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(e)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(f)  Definition.--As used in this section, the term "firearm" shall have the same meaning as that given to it in section 9712 (relating to sentences for offenses committed with firearms).

42c9712.1v

(Dec. 1, 2004, P.L.1747, No.225, eff. 60 days)

 

2004 Amendment.  Act 225 added section 9712.1. See section 2 of Act 225 in the appendix to this title for special provisions relating to public information campaign.

Cross References.  Section 9712.1 is referred to in sections 4503, 4601, 6137.1 of Title 61 (Prisons and Parole).

42c9713s

§ 9713.  Sentences for offenses committed on public transportation.

(a)  Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall be sentenced to a minimum sentence of at least five years of total confinement if the crime occurs in or near public transportation as defined in subsection (b), notwithstanding any other provision of this title or other statute to the contrary.

(b)  Site of commission of crime.--For the purposes of subsection (a), a crime shall be deemed to have occurred in or near public transportation if it is committed in whole or in part in a vehicle, station, terminal, waiting area or other facility used by a person, firm, corporation, municipality, municipal authority or port authority in rendering passenger transportation services to the public or a segment of the public or if it is committed in whole or in part on steps, passageways or other areas leading to or from or in the immediate vicinity of such a public transportation vehicle, station, terminal, waiting area or other facility.

(c)  Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.

(d)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(e)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

42c9713v

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)

 

1995 Amendment.  Act 21, 1st Sp.Sess., amended subsec. (a). Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall apply to all offenses committed on or after the effective date of Act 21.

1982 Amendment.  Act 54 added section 9713.

Cross References.  Section 9713 is referred to in section 9715 of this title.

42c9714s

§ 9714.  Sentences for second and subsequent offenses.

(a)  Mandatory sentence.--

(1)  Any person who is convicted in any court of this Commonwealth of a crime of violence shall, if at the time of the commission of the current offense the person had previously been convicted of a crime of violence, be sentenced to a minimum sentence of at least ten years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. Upon a second conviction for a crime of violence, the court shall give the person oral and written notice of the penalties under this section for a third conviction for a crime of violence. Failure to provide such notice shall not render the offender ineligible to be sentenced under paragraph (2).

(2)  Where the person had at the time of the commission of the current offense previously been convicted of two or more such crimes of violence arising from separate criminal transactions, the person shall be sentenced to a minimum sentence of at least 25 years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. Proof that the offender received notice of or otherwise knew or should have known of the penalties under this paragraph shall not be required. Upon conviction for a third or subsequent crime of violence the court may, if it determines that 25 years of total confinement is insufficient to protect the public safety, sentence the offender to life imprisonment without parole.

(a.1)  Mandatory maximum.--An offender sentenced to a mandatory minimum sentence under this section shall be sentenced to a maximum sentence equal to twice the mandatory minimum sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of imprisonment for felony) or any other provision of this title or other statute to the contrary.

(b)  Presumption of high risk dangerous offender.--(Deleted by amendment).

(c)  High risk dangerous offender.--(Deleted by amendment).

(d)  Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The sentencing court, prior to imposing sentence on an offender under subsection (a), shall have a complete record of the previous convictions of the offender, copies of which shall be furnished to the offender. If the offender or the attorney for the Commonwealth contests the accuracy of the record, the court shall schedule a hearing and direct the offender and the attorney for the Commonwealth to submit evidence regarding the previous convictions of the offender. The court shall then determine, by a preponderance of the evidence, the previous convictions of the offender and, if this section is applicable, shall impose sentence in accordance with this section. Should a previous conviction be vacated and an acquittal or final discharge entered subsequent to imposition of sentence under this section, the offender shall have the right to petition the sentencing court for reconsideration of sentence if this section would not have been applicable except for the conviction which was vacated.

(e)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsections (a) and (a.1) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(f)  Appeal by Commonwealth.--If a sentencing court shall refuse to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for the imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(g)  Definition.--As used in this section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.C.S. § 2606 (relating to aggravated assault of unborn child), aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), assault of law enforcement officer as defined in 18 Pa.C.S. § 2702.1 (relating to assault of law enforcement officer), use of weapons of mass destruction as defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) (relating to terrorism), strangulation when the offense is graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to strangulation), trafficking of persons when the offense is graded as a felony of the first degree as provided in 18 Pa.C.S. § 3011 (relating to trafficking in individuals), rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson endangering persons or aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) (relating to arson and related offenses), ecoterrorism as classified in 18 Pa.C.S. § 3311(b)(3) (relating to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 3502(a)(1) (relating to burglary), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle, drug delivery resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in death), or criminal attempt, criminal conspiracy or criminal solicitation to commit murder or any of the offenses listed above, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction.

42c9714v

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982, P.L.512, No.141, eff. imd.; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 20, 2000, P.L.811, No.113, eff. 60 days; July 7, 2011, P.L.220, No.40, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days; Feb. 25, 2014, P.L.33, No.16, eff. 60 days; June 5, 2020, P.L.246, No.32, eff. 60 days)

 

2020 Amendment.  Act 32 amended subsec. (g).

2000 Amendments.  Act 18 amended subsec. (g) and Act 113 amended subsec. (a) and deleted subsecs. (b) and (c). Section 5(1) of Act 18 provided that Act 18 shall apply to proceedings initiated on or after the effective date of Act 18.

1995 Amendment.  Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall apply to all offenses committed on or after the effective date of Act 21.

Cross References.  Section 9714 is referred to in sections 5750, 9543.1, 9712, 9713, 9715, 9720.4, 9799.24, 9799.58 of this title; section 1103 of Title 18 (Crimes and Offenses); sections 3903, 4103, 4503, 6101, 6135, 6137.1, 7301 of Title 61 (Prisons and Parole); section 3113 of Title 63 (Professions and Occupations (State Licensed)).

42c9715s

§ 9715.  Life imprisonment for homicide.

(a)  Mandatory life imprisonment.--Notwithstanding the provisions of section 9712 (relating to sentences for offenses committed with firearms), 9713 (relating to sentences for offenses committed on public transportation) or 9714 (relating to sentences for second and subsequent offenses), any person convicted of murder of the third degree in this Commonwealth who has previously been convicted at any time of murder or voluntary manslaughter in this Commonwealth or of the same or substantially equivalent crime in any other jurisdiction shall be sentenced to life imprisonment, notwithstanding any other provision of this title or other statute to the contrary.

(b)  Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The sentencing court, prior to imposing sentence on an offender under subsection (a), shall have a complete record of the previous convictions of the offender, copies of which shall be furnished to the offender. If the offender or the attorney for the Commonwealth contests the accuracy of the record, the court shall schedule a hearing and direct the offender and the attorney for the Commonwealth to submit evidence regarding the previous convictions of the offender. The court shall then determine, by a preponderance of the evidence, the previous convictions of the offender and, if this section is applicable, shall impose sentence in accordance with this section. Should a previous conviction be vacated and an acquittal or final discharge entered subsequent to imposition of sentence under this section, the offender shall have the right to petition the sentencing court for reconsideration of sentence if this section would not have been applicable except for the conviction which was vacated.

(c)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(d)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

42c9715v

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982, P.L.512, No.141, eff. imd.)

 

1982 Amendments.  Act 54 added section 9715 and Act 141 amended subsec. (b). Section 4 of Act 54 provided that the mandatory sentences provided in section 9715 shall be applicable to offenses committed after the effective date of Act 54.

42c9716s

§ 9716.  Two or more mandatory minimum sentences applicable.

Where two or more sections requiring mandatory minimum sentences are applicable, the court shall be bound by that section requiring the greater penalty.

42c9716v

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days)

 

1982 Amendment.  Act 54 added section 9716.

Cross References.  Section 9716 is referred to in sections 9712, 9713 of this title.

42c9717s

§ 9717.  Sentences for offenses against elderly persons.

(a)  Mandatory sentence.--A person under 60 years of age convicted of the following offenses when the victim is over 60 years of age and not a police officer shall be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years.

18 Pa.C.S. § 3121 (relating to rape) - not less than five years.

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less than five years.

18 Pa.C.S. § 3922 (relating to theft by deception) - not less than 12 months, but the imposition of the minimum sentence shall be discretionary with the court where the court finds justifiable cause and that finding is written in the opinion.

(b)  Eligibility for parole.--Parole shall not be granted until the minimum term of imprisonment has been served.

42c9717v

(Dec. 30, 1982, P.L.1472, No.334, eff. 60 days)

 

1982 Amendment.  Act 334 added section 9717.

42c9718s

§ 9718.  Sentences for offenses against infant persons.

(a)  Mandatory sentence.--

(1)  A person convicted of the following offenses when the victim is less than 16 years of age shall be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years.

18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating to rape) - not less than ten years.

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less than ten years.

18 Pa.C.S. § 3125(a)(1) through (6) (relating to aggravated indecent assault) - not less than five years.

(2)  A person convicted of the following offenses when the victim is less than 13 years of age shall be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2502(c) (relating to murder) - not less than 15 years.

18 Pa.C.S. § 2702(a)(1) - not less than five years.

(3)  A person convicted of the following offenses shall be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 3121(c) and (d) - not less than ten years.

18 Pa.C.S. § 3125(a)(7) - not less than five years.

18 Pa.C.S. § 3125(b) - not less than ten years.

(b)  Eligibility for parole.--Parole shall not be granted until the minimum term of imprisonment has been served.

(c)  Application of mandatory minimum penalty.--With the exception of prior convictions, any provision of this section that requires imposition of a mandatory minimum sentence shall constitute an element enhancing the underlying offense. Any enhancing element must be proven beyond a reasonable doubt at trial on the underlying offense and must be submitted to the fact-finder for deliberation together with the underlying offense. If the fact-finder finds the defendant guilty of the underlying offense, the fact-finder shall also decide whether any enhancing element has been proven.

(c.1)  Notice.--Notice to the defendant of the applicability of this section shall be required prior to conviction.

(d)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place the offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(e)  Appeal by Commonwealth.--If the fact-finder has found any enhancing element and a sentencing court imposes a sentence below the mandatory minimum sentence, the Commonwealth shall have the right to appellate review of the sentence. If the appellate court finds that the mandatory sentencing provision was applicable, the court shall vacate the sentence and remand the case for resentencing in accordance with that provision.

42c9718v

(Dec. 30, 1982, P.L.1472, No.334, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; June 18, 2014, P.L.741, No.56, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2006 Amendment.  See the preamble for Act 178 in the appendix to this title for special provisions relating to legislative intent.

2004 Amendment.  Section 6 of Act 217 provided that subsec. (a)(3) shall apply to individuals sentenced on or after the effective date of section 6.

42c9718.1s

§ 9718.1.  Sexual offender treatment.

(a)  General rule.--A person, including an offender designated as a "sexually violent predator" as defined in section 9799.12 (relating to definitions) or 9799.53 (relating to definitions), shall attend and participate in a Department of Corrections program of counseling or therapy designed for incarcerated sex offenders if the person is incarcerated in a State institution for any of the following provisions under 18 Pa.C.S. (relating to crimes and offenses):

(1)  Any of the offenses enumerated in Chapter 31 (relating to sexual offenses) if the offense involved a minor under 18 years of age.

(1.1)  Any of the offenses enumerated under Chapter 30 (relating to human trafficking) if the victim is a minor under 18 years of age and the offense involved sexual servitude.

(2)  Section 4304(a)(1) (relating to endangering welfare of children) if the offense involved sexual contact with the victim.

(3)  Section 6301(a)(1)(i) (relating to corruption of minors) if the offense involved sexual contact with the victim.

(3.1)  Section 6301(a)(1)(ii).

(4)  Open lewdness, as defined in section 5901 (relating to open lewdness), if the offense involved a minor under 18 years of age.

(5)  Prostitution, as defined in section 5902(b.1) (relating to prostitution and related offenses).

(6)  Obscene and other sexual materials and performances, as defined in section 5903 (relating to obscene and other sexual materials and performances), if the offense involved a minor under 18 years of age.

(7)  Sexual abuse of children, as defined in section 6312 (relating to sexual abuse of children).

(8)  Section 6318 (relating to unlawful contact with minor).

(9)  Section 6320 (relating to sexual exploitation of children).

(10)  Section 4302(b) (relating to incest).

(11)  An attempt, solicitation or conspiracy to commit any of the offenses listed in this subsection.

(b)  Eligibility for parole.--For an offender required to participate in the program under subsection (a), all of the following apply:

(1)  The offender shall not be eligible for parole unless the offender has:

(i)  served the minimum term of imprisonment;

(ii)  participated in the program under subsection (a); and

(iii)  agreed to comply with any special conditions of parole imposed for therapy or counseling for sex offenders, including sexually violent predators.

(2)  Notwithstanding paragraph (1)(iii), an offender who is a sexually violent predator is subject to section 9799.36 (relating to counseling of sexually violent predators).

(c)  Department.--The department shall develop and provide the program of counseling or therapy for offenders as provided in subsection (a). The department shall have the sole discretion with respect to counseling or therapy program contents and administration, including the scheduling of an offender's attendance and participation.

(d)  No right of action created.--Notwithstanding any other provision of law to the contrary, this section shall not be construed to confer any legal right upon any individual, including an individual required to participate in the department's programs of counseling or therapy for incarcerated offenders, seeking to:

(1)  participate and attend the program provided in subsection (a) at a time of the individual's own choosing;

(2)  modify the contents of the program provided in subsection (a);

(3)  be paroled; or

(4)  file any other cause of action in any court regarding the program provided in subsection (a).

42c9718.1v

(Dec. 20, 2000, P.L.721, No.98, eff. imd.; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.223, No.45, eff. 60 days)

 

2021 Amendment.  Act 45 amended subsec. (a).

2011 Amendment.  Act 111 amended subsecs. (a) intro. par. and (b)(2).

2000 Amendment.  Act 98 added section 9718.1. See the preamble and section 3 of Act 98 in the appendix to this title for special provisions relating to legislative intent and applicability.

42c9718.2s

§ 9718.2.  Sentences for sexual offenders.

(a)  Mandatory sentence.--

(1)  Any person who is convicted in any court of this Commonwealth of an offense set forth in section 9799.14 (relating to sexual offenses and tier system) shall, if at the time of the commission of the current offense the person had previously been convicted of an offense set forth in section 9799.14 or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction, be sentenced to a minimum sentence of at least 25 years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. Upon such conviction, the court shall give the person oral and written notice of the penalties under paragraph (2) for a third conviction. Failure to provide such notice shall not render the offender ineligible to be sentenced under paragraph (2).

(2)  Where the person had at the time of the commission of the current offense previously been convicted of two or more offenses arising from separate criminal transactions set forth in section 9799.14 or equivalent crimes under the laws of this Commonwealth in effect at the time of the commission of the offense or equivalent crimes in another jurisdiction, the person shall be sentenced to a term of life imprisonment, notwithstanding any other provision of this title or other statute to the contrary. Proof that the offender received notice of or otherwise knew or should have known of the penalties under this paragraph shall not be required.

(b)  Mandatory maximum.--An offender sentenced to a mandatory minimum sentence under this section shall be sentenced to a maximum sentence equal to twice the mandatory minimum sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of imprisonment for felony) or any other provision of this title or other statute to the contrary.

(c)  Proof of sentencing.--The provisions of this section shall not be an element of the crime, and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The sentencing court, prior to imposing sentence on an offender under subsection (a), shall have a complete record of the previous convictions of the offender, copies of which shall be furnished to the offender. If the offender or the attorney for the Commonwealth contests the accuracy of the record, the court shall schedule a hearing and direct the offender and the attorney for the Commonwealth to submit evidence regarding the previous convictions of the offender. The court shall then determine, by a preponderance of the evidence, the previous convictions of the offender and, if this section is applicable, shall impose sentence in accordance with this section. Should a previous conviction be vacated and an acquittal or final discharge entered subsequent to imposition of sentence under this section, the offender shall have the right to petition the sentencing court for reconsideration of sentence if this section would not have been applicable except for the conviction which was vacated.

(d)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsections (a) and (b) or to place the offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(e)  Appeal by Commonwealth.--If a sentencing court shall refuse to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for the imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

42c9718.2v

(Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007;  Dec. 20, 2011, P.L.446, No.111)

 

2011 Amendment.  Act 111 amended the section heading and subsecs. (a) and (d), effective in 60 days as to the heading and one year as to subsecs. (a) and (d).

2006 Amendment.  Act 178 added section 9718.2. See the preamble for Act 178 in the appendix to this title for special provisions relating to legislative intent.

42c9718.3s

§ 9718.3.  Sentence for failure to comply with registration of sexual offenders (Expired).

42c9718.3v

 

2012 Expiration.  Section 9718.3 expired December 20, 2012. See Act 111 of 2011.

42c9718.4s

§ 9718.4.  Sentence for failure to comply with registration of sexual offenders.

(a)  Mandatory sentence.--Mandatory sentencing shall be as follows:

(1)  Sentencing upon conviction for a first offense shall be as follows:

(i)  Not less than two years for an individual who:

(A)  is subject to section 9799.13 (relating to applicability) and must register for a period of 15 years under section 9799.15 (relating to period of registration) or a similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915.1(a)(1) or (2) (relating to failure to comply with registration requirements).

(ii)  Not less than three years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 15 years under section 9799.15 or a similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915.1(a)(3).

(iii)  Not less than three years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915.1(a)(1) or (2).

(iv)  Not less than five years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915.1(a)(3).

(2)  Sentencing upon conviction for a second or subsequent offense shall be as follows:

(i)  Not less than five years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915.1(a)(1) or (2).

(ii)  Not less than seven years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915.1(a)(3).

(a.1)  Transients and mandatory sentence.--Mandatory sentencing shall be as follows:

(1)  Sentencing upon conviction for a first offense shall be as follows:

(i)  Not less than two years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 15 years under section 9799.15 or a similar provision from another jurisdiction and is a transient; and

(B)  violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(ii)  Not less than three years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 15 years under section 9799.15 or a similar provision from another jurisdiction and is transient; and

(B)  violated 18 Pa.C.S. § 4915.1(a.1)(3).

(iii)  Not less than three years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is transient; and

(B)  violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(iv)  Not less than five years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is a transient; and

(B)  violated 18 Pa.C.S. § 4915.1(a.1)(3).

(2)  Sentencing upon conviction for a second or subsequent offense shall be as follows:

(i)  Not less than five years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is transient; and

(B)  violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(ii)  Not less than seven years for an individual who:

(A)  is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is a transient; and

(B)  violated 18 Pa.C.S. § 4915.1(a.1)(3).

(b)  Proof at sentencing.--The provisions of this section shall not be an element of the crime, and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present any necessary additional evidence and shall determine by a preponderance of the evidence if this section is applicable.

(c)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(d)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

42c9718.4v

(Dec. 20, 2011, P.L.446, No.111, eff. one year)

 

2011 Amendment.  Act 111 added section 9718.4.

42c9718.5s

§ 9718.5.  Mandatory period of probation for certain sexual offenders.

(a)  Mandatory probation supervision after release from confinement.--A person who is convicted in a court of this Commonwealth of an offense under section 9799.14(d) (relating to sexual offenses and tier system) shall be sentenced to a mandatory period of probation of three years consecutive to and in addition to any other lawful sentence issued by the court.

(b)  Imposition.--The court may impose the term of probation required under subsection (a) in addition to the maximum sentence permitted for the offense for which the defendant was convicted.

(c)  Authority of court in sentencing.--There shall be no authority in a court to impose on an offender to which this section is applicable a lesser period of probation than provided for under subsection (a). Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory period of probation provided under this section.

(d)  Direct supervision.--Nothing under this section shall limit the court's authority to direct supervision by the Department of Corrections by special order as provided under 61 Pa.C.S. § 6172(a) (relating to probation services).

42c9718.5v

(Feb. 21, 2018, P.L.27, No.10, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (d). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2018 Amendment.  Act 10 added section 9718.5.

Cross References.  Section 9718.5 is referred to in section 6137.2 of Title 61 (Prisons and Parole).

42c9719s

§ 9719.  Sentences for offenses committed while impersonating a law enforcement officer.

(a)  Mandatory sentence.--A person convicted of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or kidnapping or who is convicted of attempt to commit any of these crimes shall, if the person was impersonating a law enforcement officer during the commission of the offense, be sentenced to a minimum sentence of at least three years of total confinement notwithstanding any other provision of this title or other statute to the contrary.

(b)  Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The sentencing court shall consider evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.

(c)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(d)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(e)  Definition.--As used in this section, the term "law enforcement officer" means a law enforcement officer or employee of the United States, a state, a political subdivision of a state or the District of Columbia.

42c9719v

(Apr. 13, 1988, P.L.336, No.47, eff. 60 days)

 

1988 Amendment.  Act 47 added section 9719.

42c9719.1s

§ 9719.1.  Sentences for offenses committed against law enforcement officer.

(a)  Mandatory sentence.--A person convicted of the following offense shall be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702.1(a) (relating to assault of law enforcement officer) - not less than 20 years.

(b)  Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(c)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(d)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Law enforcement officer."  The term shall have the same meaning as the term "peace officer" is given under 18 Pa.C.S. § 501 (relating to definitions).

42c9719.1v

(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

 

2008 Amendment.  Act 131 added section 9719.1.

42c9720s

§ 9720.  Sentencing for criminal mischief.

(a)  Sentencing.--A person convicted of an offense under 18 Pa.C.S. §§ 3304(a)(4) (relating to criminal mischief) and 3307(a.1) (relating to institutional vandalism), and who in the opinion of the sentencing court would benefit, shall be sentenced to a term of supervised community service, including repairing or restoring damaged property, in accordance with the following:

(1)  If the damage to the property is less than $200, the term of community service shall not be less than 50 days nor more than 74 days.

(2)  If the damage to the property is at least $200 but less than $1,000, the term of community service shall not be less than 75 days nor more than 99 days.

(3)  If the damage to the property is $1,000 or more, the term of community service shall not be less than 100 days nor more than 200 days.

(b)  Satisfactory completion of community service program.-- Satisfactory completion of the community service program under subsection (a) shall result in a dismissal of charges and expungement of the record of the person sentenced under subsection (a). The court shall follow procedures similar to those established for the Accelerated Rehabilitative Disposition Program.

42c9720v

(Apr. 21, 1994, P.L.131, No.17, eff. 60 days)

 

1994 Amendment.  Act 17 added section 9720. See the preamble to Act 17 of 1994 in the appendix to this title for special provisions relating to legislative findings and declarations.

42c9720.1s

§ 9720.1.  Restitution for identity theft (Repealed).

42c9720.1v

 

2009 Repeal.  Section 9720.1 was repealed September 18, 2009, P.L.391, No.42, effective in 60 days.

42c9720.2s

§ 9720.2.  Sentencing for trafficking of persons.

Notwithstanding any other provision of law, a person who commits a violation of 18 Pa.C.S. § 3011 (relating to trafficking in individuals) or 3012 (relating to involuntary servitude) while violating:

(1)  18 Pa.C.S. § 2901 (relating to kidnapping);

(2)  18 Pa.C.S. § 3121 (relating to rape); or

(3)  18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse);

shall be sentenced up to a maximum term of life imprisonment.

42c9720.2v

(Nov. 9, 2006, P.L.1340, No.139, eff. 60 days; July 2, 2014, P.L.945, No.105, eff. 60 days)

42c9720.3s

§ 9720.3.  Sentencing for certain paroled offenders.

A person unlawfully present in the United States who is convicted in a court of this Commonwealth of an offense committed subsequent to being paroled under 61 Pa.C.S. § 6143 (relating to early parole of inmates subject to Federal removal order) may be imprisoned for a term up to twice the term of sentence otherwise authorized, fined an amount equal to twice the fine otherwise authorized or both.

42c9720.3v

(July 5, 2012, P.L.1050, No.122, eff. 60 days)

 

2012 Amendment.  Act 122 added section 9720.3.

Cross References.  Section 9720.3 is referred to in section 6143 of Title 61 (Prisons and Parole).

42c9720.4s

§ 9720.4.  Sentencing for offenses committed in association with a criminal gang.

(a)  Sentencing enhancement.--In addition to any minimum term of imprisonment authorized or established by law for the offense, the Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for a crime of violence, as defined in section 9714(g) (relating to sentences for second and subsequent offenses) or a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, if the offense was knowingly committed at the direction of or for the purpose of benefiting, promoting or furthering the interests of a criminal gang.

(b)  Definition.--As used in this section, the term "criminal gang" has the meaning given in 18 Pa.C.S. § 5131(e) (relating to recruiting criminal gang members).

42c9720.4v

(Oct. 25, 2012, P.L.1628, No.200, eff. 60 days)

 

2012 Amendment.  Act 200 added section 9720.4.

42c9720.5s

§ 9720.5.  Sentencing for offenses involving sexual abuse of children.

(a)  General rule.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of children), specifying variations from the range of sentences applicable based on such aggravating circumstances as the age of the child or a determination of prepubescence, the number of images possessed by the defendant, if the child depicted is known to the defendant and the nature and character of the abuse depicted in the images.

(b)  Other circumstances.--When a person commits an offense to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3) apply, the Pennsylvania Commission on Sentencing shall, in accordance with section 2154, provide for a sentence enhancement within its guidelines if indecent contact with the child as defined in 18 Pa.C.S. § 3101 (relating to definitions) is depicted and the child depicted is under 10 years of age or prepubescent.

42c9720.5v

(Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014; June 30, 2021, P.L.249, No.53, eff. 60 days)

42c9720.6s

§ 9720.6.  Sentencing for arson offenses.

The Pennsylvania Commission on Sentencing shall provide for a sentencing enhancement for arson offenses if any of the following factors are present:

(1)  bodily injury results to a firefighter, police officer or other person actively engaged in fighting the fire;

(2)  serious bodily injury results to a civilian;

(3)  more than three people were present inside the property at the time of the offense;

(4)  the fire caused more than $1,000,000 in property damage; or

(5)  the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa.C.S. § 5515(a) (relating to prohibiting of paramilitary training).

42c9720.6v

(Feb. 25, 2014, P.L.33, No.16, eff. 60 days)

 

2014 Amendment.  Act 16 added section 9720.6.

42c9720.7s

§ 9720.7.  Sentencing for burglary.

The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 3502(a)(1)(i)(relating to burglary).

42c9720.7v

(Nov. 4, 2016, P.L.1194, No.158, eff. 60 days)

 

2016 Amendment.  Act 158 added section 9720.7.

42c9720.8s

§ 9720.8.  Sentencing for offenses involving domestic violence in the presence of a minor.

(a)  Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2702 (relating to aggravated assault), specifying variations from the range of sentences applicable based on such aggravating circumstances as the assault was committed against a family or household member and the defendant knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the victim.

(b)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Family or household member."  The term shall have the same meaning as "family or household members" under 23 Pa.C.S. § 6102 (relating to definitions).

42c9720.8v

(Oct. 24, 2018, P.L.1145, No.157, eff. 60 days)

 

2018 Amendment.  Act 157 added section 9720.8.

42c9721h

 

 

SUBCHAPTER C

SENTENCING ALTERNATIVES

 

Sec.

9721.  Sentencing generally.

9722.  Order of probation.

9723.  Determination of guilt without further penalty.

9724.  Partial confinement.

9725.  Total confinement.

9726.  Fine.

9727.  Disposition of persons found guilty but mentally ill.

9728.  Collection of restitution, reparation, fees, costs, fines and penalties.

9729.  Intermediate punishment (Repealed).

9730.  Payment of court costs, restitution and fines.

9730.1. Collection of court costs, restitution and fines by private collection agency.

9730.2. Sentence of community service.

9730.3. Counseling services for victims of sexual abuse.

42c9721s

§ 9721.  Sentencing generally.

(a)  General rule.--In determining the sentence to be imposed the court shall, except as provided in subsection (a.1), consider and select one or more of the following alternatives, and may impose them consecutively or concurrently:

(1)  An order of probation.

(2)  A determination of guilt without further penalty.

(3)  Partial confinement.

(4)  Total confinement.

(5)  A fine.

(6)  (Deleted by amendment).

(7)  (Deleted by amendment).

(a.1)  Exception.--

(1)  Unless specifically authorized under section 9763 (relating to conditions of probation), subsection (a) shall not apply where a mandatory minimum sentence is otherwise provided by law.

(2)  A person may be eligible for the State drug treatment program or State motivational boot camp as described in 61 Pa.C.S. Ch. 39 (relating to motivational boot camp), even if a mandatory minimum sentence would otherwise be provided by law.

(3)  An eligible person may be sentenced to total confinement pursuant to subsection (a)(4) and a recidivism risk reduction incentive minimum sentence pursuant to section 9756(b.1) (relating to sentence of total confinement), even if a mandatory minimum sentence would otherwise be provided by law.

(b)  General standards.--In selecting from the alternatives set forth in subsection (a), the court shall follow the general principle that the sentence imposed should call for total confinement that is consistent with section 9725 (relating to  total confinement) and the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the defendant. The court shall also consider any guidelines for sentencing and resentencing adopted by the Pennsylvania Commission on Sentencing and taking effect under section 2155 (relating to publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation). In every case in which the court imposes a sentence for a felony or misdemeanor, modifies a sentence, resentences a person following revocation of probation or resentences following remand, the court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed. In every case where the court imposes a sentence or resentence outside the guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing), 2154.1 (relating to adoption of guidelines for restrictive conditions), 2154.3 (relating to adoption of guidelines for fines), 2154.4 (relating to adoption of guidelines for resentencing) and 2154.5 (relating to adoption of guidelines for parole) and made effective under section 2155, the court shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines to the commission, as established under section 2153(a)(14) (relating to powers and duties). Failure to comply shall be grounds for vacating the sentence or resentence and resentencing the defendant.

(c)  Mandatory restitution.--In addition to the alternatives set forth in subsection (a) of this section the court shall order the defendant to compensate the victim of his criminal conduct for the damage or injury that he sustained. For purposes of this subsection, the term "victim" shall be as defined in section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(c.1)  Mandatory payment of costs.--Notwithstanding the provisions of section 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties) or any provision of law to the contrary, in addition to the alternatives set forth in subsection (a), the court shall order the defendant to pay costs. In the event the court fails to issue an order for costs pursuant to section 9728, costs shall be imposed upon the defendant under this section. No court order shall be necessary for the defendant to incur liability for costs under this section. The provisions of this subsection do not alter the court's discretion under Pa.R.Crim.P. No. 706(C) (relating to fines or costs).

(d)  Detailed criteria.--With respect to each alternative the criteria to be considered by the court are set forth in this subchapter.

(e)  Term of imprisonment.--All sentences of imprisonment imposed under this chapter shall be for a definite term.

42c9721v

(Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; July 11, 1991, P.L.76, No.13, eff. imd.; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Oct. 27, 2010, P.L.931, No.95, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2019 Amendment.  Act 115 amended subsecs. (a), (a.1) and (b).

2010 Amendments.  Act 95 amended subsec. (a.1) and Act 96 added subsec. (c.1). Section 4(1) of Act 96 provided that subsec. (c.1) shall apply to costs imposed on or after the effective date of section 4(1).

1995 Amendment.  Act 12, 1st Sp.Sess., amended subsec. (c).

References in Text.  Section 479.1 of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929, referred to in subsec. (c), was repealed by the act of November 24, 1998, P.L.882, No.111, known as the Crime Victims Act. The subject matter is now contained in Act 111.

Cross References.  Section 9721 is referred to in sections 9728, 9775, 9802 of this title; sections 910, 2706, 2715, 2716, 3926, 5516 of Title 18 (Crimes and Offenses); section 3111.1 of Title 75 (Vehicles).

42c9722s

§ 9722.  Order of probation.

The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of an order of probation:

(1)  The criminal conduct of the defendant neither caused nor threatened serious harm.

(2)  The defendant did not contemplate that his conduct would cause or threaten serious harm.

(3)  The defendant acted under a strong provocation.

(4)  There were substantial grounds tending to excuse or justify the criminal conduct of the defendant, though failing to establish a defense.

(5)  The victim of the criminal conduct of the defendant induced or facilitated its commission.

(6)  The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.

(7)  The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.

(8)  The criminal conduct of the defendant was the result of circumstances unlikely to recur.

(9)  The character and attitudes of the defendant indicate that he is unlikely to commit another crime.

(10)  The defendant is particularly likely to respond affirmatively to probationary treatment.

(11)  The confinement of the defendant would entail excessive hardship to him or his dependents.

(12)  Such other grounds as indicate the desirability of probation.

42c9722v

 

Cross References.  Section 9722 is referred to in section 9723 of this title.

42c9723s

§ 9723.  Determination of guilt without further penalty.

If in the light of all the circumstances, probation would be appropriate under section 9722 (relating to order of probation), but it appears that probation is unnecessary, the court may impose a sentence of guilty without further penalty.

42c9723v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

42c9724s

§ 9724.  Partial confinement.

If in the light of all the circumstances, and when facilities are available, probation would be inappropriate, but it further appears that a sentence of total confinement would not be required in accordance with the criteria established in section 9725 (relating to total confinement), the court may impose a sentence involving partial confinement.

42c9724v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

Cross References.  Section 9724 is referred to in section 9802 of this title.

42c9725s

§ 9725.  Total confinement.

The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant, it is of the opinion that the total confinement of the defendant is necessary because:

(1)  there is undue risk that during a period of probation or partial confinement the defendant will commit another crime;

(2)  the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

(3)  a lesser sentence will depreciate the seriousness of the crime of the defendant.

42c9725v

 

Cross References.  Section 9725 is referred to in sections 9721, 9724, 9802 of this title.

42c9726s

§ 9726.  Fine.

(a)  Fine only.--The court may, as authorized by law, sentence the defendant only to pay a fine, when, having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices.

(b)  Fine as additional sentence.--The court may sentence the defendant to pay a fine in addition to another sentence, either involving total or partial confinement or probation, when:

(1)  the defendant has derived a pecuniary gain from the crime; or

(2)  the court is of the opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the defendant.

(c)  Exception.--The court shall not sentence a defendant to pay a fine unless it appears of record that:

(1)  the defendant is or will be able to pay the fine; and

(2)  the fine will not prevent the defendant from making restitution or reparation to the victim of the crime.

(d)  Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.

42c9727s

§ 9727.  Disposition of persons found guilty but mentally ill.

(a)  Imposition of sentence.--A defendant found guilty but mentally ill or whose plea of guilty but mentally ill is accepted under the provisions of 18 Pa.C.S. § 314 (relating to guilty but mentally ill) may have any sentence imposed on him which may lawfully be imposed on any defendant convicted of the same offense. Before imposing sentence, the court shall hear testimony and make a finding on the issue of whether the defendant at the time of sentencing is severely mentally disabled and in need of treatment pursuant to the provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.

(b)  Treatment.--

(1)  An offender who is severely mentally disabled and in need of treatment at the time of sentencing shall, consistent with available resources, be provided such treatment as is psychiatrically or psychologically indicated for his mental illness. Treatment may be provided by the Department of Corrections, by the county or by the Department of Human Services in accordance with the Mental Health Procedures Act.

(2)  The cost for treatment of offenders found guilty but mentally ill, committed to the custody of the Bureau of Correction and transferred to a mental health facility, shall be borne by the Commonwealth.

(c)  Discharge report.--When a treating facility designated by either the Department of Corrections or the Department of Human Services discharges such a defendant from treatment prior to the expiration of his maximum sentence, that treating facility shall transmit to the Pennsylvania Parole Board, the correctional facility or county jail to which the offender is being returned and the sentencing judge a report on the condition of the offender together with the reasons for its judgments, which describes:

(1)  The defendant's behavior.

(2)  The course of treatment.

(3)  The potential for recurrence of the behavior.

(4)  The potential for danger to himself or the public.

(5)  Recommendations for future treatment.

(d)  Parole conditions.--An offender who is discharged from treatment may be placed on parole status under the same terms and laws applicable to any other offender. Psychological and psychiatric counseling and treatment may be required as a condition of such status. Failure to continue treatment, except by agreement of the supervising authority, shall be a basis for instituting parole violation hearings.

(e)  Parole procedure.--The paroling authority may consider the offender for parole pursuant to other law or administrative rules. When the paroling authority considers the offender for parole, it shall consult with the treating facility at which the offender is being treated or from which he was discharged.

(f)  Probation.--

(1)  If an offender who is found guilty but mentally ill is placed on probation, the court may, upon recommendation of the district attorney or upon its own initiative, make treatment a condition of probation.

(2)  Reports as specified by the trial judge shall be filed with the probation officer and the sentencing court. Failure to continue treatment, including the refusal to take such drugs as may be prescribed, except by agreement of the sentencing court, shall be a basis for the institution of probation violation hearings. The period of probation shall be the maximum permitted by law and shall not be reduced without receipt and consideration by the court of a mental health status report like that required in subsection (c).

(3)  Treatment shall be provided by an agency approved by the Department of Human Services or, with the approval of the sentencing court and at individual expense, by private agencies, private physicians or other mental health personnel. A mental health status report, containing the information set forth in subsection (c), shall be filed with the probation officer and the sentencing court every three months during the period of probation. If a motion on a petition to discontinue probation is made by the defendant, the probation officer shall request a report as specified from the treating facility.

42c9727v

(Dec. 15, 1982, P.L.1262, No.286, eff. 90 days; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsecs. (a), (b)(1), (c) and (f)(3). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2012 Amendment.  Act 122 amended subsec. (d).

1982 Amendment.  Act 286 added section 9727. Section 4 of Act 286 provided that Act 286 shall apply to all indictments or informations filed on or after the effective date of Act 286.

Cross References.  Section 9727 is referred to in section 314 of Title 18 (Crimes and Offenses).

42c9728s

§ 9728.  Collection of restitution, reparation, fees, costs, fines and penalties.

(a)  General rule.--

(1)  Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.

(2)  In accordance with section 9730.1 (relating to collection of court costs, restitution and fines by private collection agency), the collection of restitution, reparation, fees, costs, fines and penalties under this section may be referred to a private collection agency. Any county that does not engage the services of a private collection agency shall operate a collections enforcement unit consistent with the provisions of paragraph (1) and dedicated to carrying out the duties therein provided. Statistical information relating to the amount of restitution collected by the county probation department or any agent designated by the county commissioners of the county with the approval of the president judge of the county shall be provided to the Pennsylvania Commission on Crime and Delinquency and Pennsylvania Commission on Sentencing on an annual basis. The statistical information shall be sufficiently detailed so as to show compliance with the requirements of this section, including subsection (g.1).

(b)  Procedure.--

(1)  The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the prothonotary certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, exceed $1,000, and it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.

(2)  The clerk of courts, in consultation with other appropriate governmental agencies, may transmit to the prothonotary of the respective county certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, do not exceed $1,000, and, if so transmitted, it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.

(3)  The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the Department of Probation of the respective county or other agent designated by the county commissioners of the county with the approval of the president judge of the county and to the county correctional facility to which the offender has been sentenced or to the Department of Corrections, whichever is appropriate, copies of all orders for restitution and amendments or alterations thereto, reparation, fees, costs, fines and penalties. This paragraph also applies in the case of costs imposed under section 9721(c.1) (relating to sentencing generally).

(4)  The total amount for which the person is liable pursuant to this section may be entered as a judgment upon the person or the property of the person sentenced or ordered, regardless of whether the amount has been ordered to be paid in installments.

(5)  Deductions shall be as follows:

(i)  The Department of Corrections shall make monetary deductions of at least 25% of deposits made to inmate wages and personal accounts for the purpose of collecting restitution, costs imposed under section 9721(c.1), filing fees to be collected under section 6602(c) (relating to prisoner filing fees) and any other court-ordered obligation.

(ii)  The county correctional facility to which the offender has been sentenced shall:

(A)  Be authorized to make monetary deductions from inmate wages and personal accounts for the purpose of collecting restitution, costs imposed under section 9721(c.1), filing fees to be collected under section 6602(c) and any other court-ordered obligation or fees owed to the county jail or prison related to the inmate's incarceration.

(B)  Deduct an amount sufficient to satisfy any outstanding restitution, costs imposed under section 9721(c.1), filing fees to be collected under section 6602(c) or other court-ordered obligations before releasing funds on deposit.

(iii)  Any amount deducted under this paragraph shall be in addition to the full amount authorized to be collected pursuant to any order for support. Any amount deducted shall be transmitted to the probation department of the county or other agent designated by the county commissioners with the approval of the president judge of the county in which the offender was convicted.

(iv)  The Department of Corrections and each county correctional facility shall develop guidelines relating to its responsibilities under this paragraph. The guidelines shall be incorporated into any contract entered into with a correctional facility.

(b.1)  Restitution file.--Upon receipt of each order from the clerk of courts as provided in subsection (b)(3), the department of probation of the respective county or other agent designated by the county commissioners of the county with the approval of the president judge of the county shall open a restitution file for the purposes of recording the amounts of restitution deducted by the Department of Corrections or county correctional facility or collected by the department of probation or the agent designated by the county commissioners of the county with the approval of the president judge of the county.

(b.2)  Mandatory payment of costs.--Notwithstanding any provision of law to the contrary, in the event the court fails to issue an order under subsection (a) imposing costs upon the defendant, the defendant shall nevertheless be liable for costs, as provided in section 9721(c.1), unless the court determines otherwise pursuant to Pa.R.Crim.P. No. 706(C) (relating to fines or costs). The absence of a court order shall not affect the applicability of the provisions of this section.

(c)  Period of time.--Notwithstanding section 6353 (relating to limitation on and change in place of commitment) or 18 Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to person or property), the period of time during which such judgments shall have full effect may exceed the maximum term of imprisonment to which the offender could have been sentenced for the crimes of which he was convicted or the maximum term of confinement to which the offender was committed.

(d)  Priority.--Notwithstanding any other statutory provisions in this or any other title, any lien obtained under this section shall maintain its priority indefinitely and no writ of revival need be filed.

(e)  Preservation of assets subject to restitution.--Upon application of the Commonwealth, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond or take any other action to preserve the availability of property which may be necessary to satisfy an anticipated restitution order under this section:

(1)  upon the filing of a criminal complaint, information or indictment charging a criminal violation or a petition alleging delinquency for which restitution may be ordered and alleging that the property with respect to which the order is sought appears to be necessary to satisfy such restitution order and judgment; and

(2)  if, after notice to persons appearing to have an interest in the property and an opportunity for a hearing, the court determines that:

(i)  there is a substantial probability that:

(A)  the Commonwealth will prevail on the underlying criminal charges or allegation of delinquency;

(B)  restitution will be ordered exceeding $10,000 in value;

(C)  the property appears to be necessary to satisfy such restitution order; and

(D)  failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court or otherwise made unavailable for payment of the anticipated restitution order; and

(ii)  the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.

(f)  Temporary restraining order.--A temporary restraining order under subsection (e) may be entered upon application of the Commonwealth without notice or opportunity for a hearing, whether or not a complaint, information, indictment or petition alleging delinquency has been filed with respect to the property, if the Commonwealth demonstrates that there is probable cause to believe that the property with respect to which the order is sought appears to be necessary to satisfy an anticipated restitution order under this section and that provision of notice will jeopardize the availability of the property to satisfy such restitution order and judgment. Such a temporary order shall expire not more than ten days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.

(g)  Costs, etc.--Any sheriff's costs, filing fees and costs of the county probation department, clerk of courts or other appropriate governmental agency, including, but not limited to, any reasonable administrative costs associated with the collection of restitution, transportation costs and other costs associated with the prosecution, shall be borne by the defendant and shall be collected by the county probation department or other appropriate governmental agency along with the total amount of the judgment and remitted to the appropriate agencies at the time of or prior to satisfaction of judgment.

(g.1)  Payment.--No less than 50% of all moneys collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county pursuant to subsection (b)(1) and deducted pursuant to subsection (b)(5) shall, until the satisfaction of the defendant's restitution obligation, be used to pay restitution to victims. Any remaining moneys shall be used to pay fees, costs, fines, penalties and other court-ordered obligations.

(h)  Effect on contempt proceedings.--This section shall not affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).

42c9728v

(Dec. 17, 1990, P.L.726, No.181, eff. 60 days; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; May 12, 1995, 1st Sp.Sess., P.L.1006, No.13, eff. 60 days; Feb. 7, 1996, P.L.7, No.3, eff. 60 days; June 18, 1998, P.L.640, No.84, eff. 120 days; Nov. 9, 2006, P.L.1352, No.143, eff. imd.; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2019 Amendment.  Act 115 amended subsecs. (a)(2) and (b)(5).

2010 Amendment.  Act 96 amended subsec. (b)(3) and (5) and added subsec. (b.2). Section 4(1) of Act 96 provided that the amendment of subsec. (b)(3) and (5) and the addition of subsec. (b.2) shall apply to costs imposed on or after the effective date of section 4(1).

2006 Amendment.  Act 134 amended subsec. (g).

Cross References.  Section 9728 is referred to in sections 2154.1, 6352, 9721 of this title; section 3020 of Title 18 (Crimes and Offenses).

42c9729s

§ 9729.  Intermediate punishment (Repealed).

42c9729v

 

2000 Repeal.  Section 9729 was repealed June 22, 2000, P.L.345, No.41, effective in 60 days.

42c9730s

§ 9730.  Payment of court costs, restitution and fines.

(a)  Method of payment.--The treasurer of each county may allow the use of credit cards and bank cards in the payment of court costs, restitution and fines and may provide for automatic periodic deductions from a bank account, subject to the agreement of the owner of the account.

(a.1)  Wage attachment.--A court may, at sentencing, assign an amount not greater than 25% of the defendant's gross salary, wages or other earnings to be used for the payment of court costs, restitution or fines.

(b)  Procedures regarding default.--

(1)  If a defendant defaults in the payment of court costs, restitution or fines after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge appointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay.

(2)  If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is financially able to pay the costs, restitution or fine, the issuing authority, senior judge or senior magisterial district judge may enter an order for wage attachment, turn the delinquent account over to a private collection agency or impose imprisonment for nonpayment, as provided by law.

(3)  If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the costs, restitution or fine immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.

(4)  A decision of the issuing authority, senior judge or senior magisterial district judge under paragraph (2) or (3) is subject to section 5105 (relating to right to appellate review).

42c9730v

(Dec. 18, 1992, P.L.1269, No.167, eff. imd.; July 11, 1996, P.L.607, No.104, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2004 Amendment.  See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Cross References.  Section 9730 is referred to in section 9730.1 of this title; section 3020 of Title 18 (Crimes and Offenses).

42c9730.1s

§ 9730.1.  Collection of court costs, restitution and fines by private collection agency.

(a)  Generally.--In accordance with section 9730(b)(1) and (2) (relating to payment of court costs, restitution and fines), an issuing authority may refer the collection of costs, fines and restitution of a defendant to a private collection agency whether or not the defendant's maximum sentence or probationary term has expired with or without holding a hearing pursuant to this section. Such collection agency shall adhere to accepted practices in accordance with applicable Federal and State law to collect such costs, fines and restitution.

(b)  Contracts with private collection agencies.--

(1)  The president judge of the judicial district, county commissioner or designee of either may contract with private collection agencies for the collection of fines, costs and restitution in accordance with the provisions of this section.

(2)  The amount of the collection fee as negotiated between the president judge of the judicial district, county commissioner or designee of either and private collection agencies shall be added to the bill of costs to be paid by the defendant and shall not exceed 25% of the amount collected.

(3)  The funds secured from the defendant by the private collection agency in connection with the collection of fines, costs and restitution shall be distributed as follows:

(i)  The fee due the private collection agency shall be paid.

(ii)  The balance shall be distributed in accordance with the original distribution of fines, costs and restitution as set forth in the order of the court sentencing the defendant.

(c)  Limitations on private collection agencies.--For the purposes of this section, a private collection agency shall cease its efforts designed to collect fines, costs and restitution and so inform the court or the county commissioners upon the occurrence of any of the following:

(1)  the private collection agency considers the amount owing noncollectible;

(2)  a period of 48 months has elapsed since referral of the amount owing to the private collection agency and there has been no response by the defendant or collection of moneys; or

(3)  upon demand of a judge of the court of common pleas having jurisdiction over the defendant.

(d)  Imprisonment.--Nothing in this subchapter limits the ability of a judge to imprison a person for nonpayment, as provided by law; however, imprisonment for nonpayment shall not be imposed without a public hearing under section 9730(b)(1).

(e)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Amount owing."  The total amount owed by a defendant on fines, costs or restitution in accordance with the order of court sentencing the defendant and this section.

"Private collection agency."  A person, company, partnership or other entity that uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another under the applicable laws of the United States and of this Commonwealth.

42c9730.1v

(July 11, 1996, P.L.607, No.104, eff. 60 days; June 18, 1998, P.L.640, No.84, eff. 120 days; May 17, 2012, P.L.260, No.41, eff. 60 days)

 

2012 Amendment.  Act 41 amended subsec. (c).

1998 Amendment.  Act 84 amended subsec. (a).

1996 Amendment.  Act 104 added section 9730.1.

Cross References.  Section 9730.1 is referred to in section 9728 of this title; section 3020 of Title 18 (Crimes and Offenses).

42c9730.2s

§ 9730.2.  Sentence of community service.

A person sentenced to a term of supervised community service or required by a court or a paroling authority to participate in a public or nonprofit community service program may not purchase credit in lieu of performing the community service in any form, including:

(1)  United States or foreign currency.

(2)  A money order.

(3)  A check.

(4)  A prepaid debit or credit card.

(5)  A gift card or certificate.

(6)  Any other means of remuneration.

42c9730.2v

(Dec. 4, 2015, P.L.435, No.72, eff. 60 days)

 

2015 Amendment.  Act 72 added section 9730.2.

42c9730.3s

§ 9730.3.  Counseling services for victims of sexual abuse.

(a)  Eligibility.--

(1)  Subject to subsection (b), the office shall provide, for an individual who is a direct victim of sexual abuse, counseling services related to the sexual abuse. Payment shall be made directly to the health care provider that provides the services from the Crime Victim's Compensation Fund. The office shall determine the form and manner for receiving payment under this paragraph.

(2)  Eligibility under paragraph (1) is not affected by an adverse determination under section 704(c) or 707(a) of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(b)  Value of services.--

(1)  The total value of services under subsection (a)(1) shall not exceed:

(i)  $5,000 if the individual was, at the time of the sexual abuse, 18 years of age or older; and

(ii)  $10,000 if the individual was, at the time of the sexual abuse, under 18 years of age.

(2)  The value of services under subsection (a)(1) shall be reduced by the amount of any of the following payments received or to be received by the individual for counseling subject to subsection (a) as a result of the sexual abuse:

(i)  Payment by the individual who committed the sexual abuse.

(ii)  Payment under an insurance program or a health and welfare program. This subparagraph includes a program mandated by law.

(iii)  Payment under a contract of insurance in which the individual is the beneficiary.

(iv)  Payment from public funds.

(v)  Payment under a pension program. This subparagraph includes a program providing for disability or survivor's benefits.

(vi)  Payment by a party alleged to be responsible in whole or in part for the sexual abuse, without regard to the party's criminal culpability.

(vii)  Payment made under the Crime Victims Act.

(c)  Cooperation.--

(1)  Health care providers and insurers shall respond in writing to a request by the office for information related to this section within 30 days of receipt of the request.

(2)  Commonwealth agencies shall cooperate with the office for information related to this section.

(3)  A person that fails to respond to a request under paragraph (1) shall be subject to a penalty of not more than $50 per day, up to and including the date of compliance. The office may enforce this paragraph. The office may utilize revenue under this paragraph to implement this section or to assist local victim service agencies.

(d)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Counseling services."  Mental health therapy performed by or under the supervision of a health care provider.

"Direct victim."  An individual against whom a crime has been committed or attempted and who as a direct result of the criminal act or attempt suffers physical or mental injury.

"Health care provider."  Any of the following:

(1)  A psychiatrist.

(2)  An individual licensed under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act.

(3)  A licensed professional counselor, as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.

(4)  A licensed social worker, as defined in section 3 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act.

"Office."  The Office of Victims' Services in the Pennsylvania Commission on Crime and Delinquency.

"Sexual abuse."  Conduct which occurs in this Commonwealth and would constitute an offense under any of the following provisions of 18 Pa.C.S. (relating to crimes and offenses):

Section 3011(b) (relating to trafficking in individuals).

Section 3012 (relating to involuntary servitude) as it relates to sexual servitude.

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of children).

42c9730.3v

(Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019)

 

2019 Amendment.  Act 87 added section 9730.3. See sections 8.2 and 9 of Act 87 in the appendix to this title for special provisions relating to transfer of funds and severability.

42c9731h

 

 

SUBCHAPTER D

INFORMATIONAL BASIS OF SENTENCE

 

Sec.

9731.  Requirement for presentence investigation and report.

9732.  Contents of presentence report.

9733.  General principles of disclosure of presentence report.

9734.  Disclosure of presentence report to the parties.

9735.  Objections to contents of presentence report.

9736.  Report of psychiatric evaluation.

9737.  Report of outstanding charges and sentences.

9738.  Victim impact statements.

42c9731s

§ 9731.  Requirement for presentence investigation and report.

Before sentencing any defendant to one year or longer, a presentence investigation and report shall be made, unless the sentence is death or a mandatory sentence to life imprisonment, or unless the court specifically orders to the contrary. The report shall be made within 30 days from the date of conviction of defendant or within such greater period of time as the court shall direct.

42c9731v

 

Suspension by Court Rule.  Section 9731 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

42c9732s

§ 9732.  Contents of presentence report.

The presentence report shall include a summary of the circumstances attending the commission of the crime, the history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation and personal habits of the defendant, any history of drug or alcohol abuse or addiction and any other matters that the person preparing the report deems relevant or that the court directs be included.

42c9732v

(June 18, 1998, P.L.640, No.84, eff. 60 days)

 

Suspension by Court Rule.  Section 9732 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

42c9733s

§ 9733.  General principles of disclosure of presentence report.

The presentence report shall not be a public record. It shall be available only to the following persons or agencies under the conditions stated:

(1)  The report shall be available to the court for the purpose of assisting it in determining the sentence.

(2)  The report shall be available on court order to persons or agencies having a legitimate professional interest in the information likely to be contained in the report, as, for example:

(i)  A physician or psychiatrist appointed to assist the court in sentencing.

(ii)  An examining facility.

(iii)  A correctional institution except that no court order is necessary under section 9759(c) (relating to documents transmitted to prison and parole authorities).

(iv)  A department of probation or parole except that no court order is necessary under section 9759(c).

(3)  The report shall be available to reviewing courts when relevant to an issue on which a request for review or an appeal has been taken.

42c9733v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

1980 Amendment.  Act 142 amended par. (2)(iii) and (iv).

Suspension by Court Rule.  Section 9733 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

42c9734s

§ 9734.  Disclosure of presentence report to the parties.

(a)  General rule.--Before imposing sentence, the court shall afford counsel for the prosecution and the defense a reasonable opportunity to read but only in the discretion of the court to copy the presentence report.

(b)  Restrictions on disclosure.--The court may in its discretion require counsel not to disclose specified parts of the report.

42c9734v

 

Suspension by Court Rule.  Section 9734 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

Cross References.  Section 9734 is referred to in section 9759 of this title.

42c9735s

§ 9735.  Objections to contents of presentence report.

Each party shall prior to the imposition of sentence notify the opposing party and the court of any part of the report with which he differs, or of his intention to produce other reports or statements relating to the sentence. Upon such notice the court may conduct a presentence conference. A record of any stipulations agreed upon in the conference shall be made a part of the record of the sentencing proceeding.

42c9735v

 

Suspension by Court Rule.  Section 9735 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

42c9736s

§ 9736.  Report of psychiatric evaluation.

The court may order the defendant to submit to psychiatric observation and examination for a period not exceeding 60 days. The defendant may be remanded for this purpose to any available clinic or mental hospital or other institution or the court may appoint a qualified psychiatrist to make the examination.

42c9736v

 

Suspension by Court Rule.  Section 9736 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

42c9737s

§ 9737.  Report of outstanding charges and sentences.

The court shall order that an appropriate agency shall determine all criminal charges brought in any court against the defendant and report to the court on the status or the disposition of such charges. The court shall also be informed if the defendant is then serving any term of imprisonment, or is on probation or parole with reference to any such charges, or is entitled to credit for any time in accordance with section 9760 (relating to credit for time served).

42c9737v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

Cross References.  Section 9737 is referred to in section 9760 of this title.

42c9738s

§ 9738.  Victim impact statements.

(a)  General rule.--Notwithstanding any other statute, rule or provision of law to the contrary, in the trial of a defendant accused of an offense, including an offense subject to sentence under section 9711 (relating to sentencing procedure for murder of the first degree), a court shall not order the exclusion of any victim of the offense from the trial on the basis that the victim may, during the sentencing phase of the proceedings:

(1)  make a victim impact statement or present any victim impact information in relation to the sentence to be imposed on the defendant; or

(2)  testify as to the effect of the offense on the victim or the family of the victim.

(b)  Definition.--As used in this section, the term "victim" shall mean a "victim" as defined in:

(1)  18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property); or

(2)  18 Pa.C.S. § 3001 (relating to definitions).

42c9738v

(June 25, 1997, P.L.293, No.28, eff. imd.; July 2, 2014, P.L.945, No.105, eff. 60 days; Oct. 24, 2018, P.L.891, No.145, eff. imd.)

 

2018 Amendment.  Act 145 amended subsec. (b).

1997 Amendment.  Act 28 added section 9738.

42c9751h

 

 

SUBCHAPTER E

IMPOSITION OF SENTENCE

 

Sec.

9751.  Sentencing judge.

9752.  Sentencing proceeding generally.

9753.  Determination of guilt without further penalty.

9754.  Order of probation.

9755.  Sentence of partial confinement.

9755.1. Temporary release from county correctional institution.

9756.  Sentence of total confinement.

9757.  Consecutive sentences of total confinement for multiple offenses.

9758.  Fine.

9759.  Record.

9760.  Credit for time served.

9761.  Computation and order of service of sentences.

9762.  Sentencing proceeding; place of confinement.

9763.  Conditions of probation.

9764.  Information required upon commitment and subsequent disposition.

9765.  Merger of sentences.

42c9751s

§ 9751.  Sentencing judge.

The judge who presided at the trial or who received the plea of the defendant shall impose the sentence unless there are compelling reasons that preclude his presence.

42c9751v

 

Suspension by Court Rule.  Section 9751 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

42c9752s

§ 9752.  Sentencing proceeding generally.

(a)  General rule.--As soon as practicable after the determination of guilt and the examination of any presentence report, a proceeding shall be held at which the court shall:

(1)  Entertain submissions by the parties on the facts relevant to the sentence, including any facts with respect to negotiated pleas, as to the nature of the sentence.

(2)  Afford to the defendant the right to make a statement.

(3)  Hear argument by the defense on the applicability of the various sentencing alternatives to the facts of the case, and may hear argument by the prosecution.

(b)  Evidence.--Where the need for further evidence has not been eliminated by a presentence conference, evidence offered by the parties on the sentencing issue shall be presented in open court with the rights of confrontation, cross-examination, and representation by counsel.

42c9752v

 

Suspension by Court Rule.  Section 9752 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

Cross References.  Section 9752 is referred to in section 4505 of Title 61 (Prisons and Parole).

42c9753s

§ 9753.  Determination of guilt without further penalty.

The court may impose a sentence determining guilt without further penalty.

42c9754s

§ 9754.  Order of probation.

(a)  General rule.--In imposing an order of probation the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, which term may not exceed the maximum term for which the defendant could be confined, and the authority that shall conduct the supervision. The court shall consider probation guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing) and 2154.1 (relating to adoption of guidelines for restrictive conditions).

(b)  Conditions generally.--The court shall attach reasonable conditions authorized by section 9763 (relating to conditions of probation) as it deems necessary to ensure or assist the defendant in leading a law-abiding life.

(c)  Specific conditions.--(Deleted by amendment).

(d)  Sentence following violation of probation.--The sentence to be imposed in the event of the violation of a condition shall not be fixed prior to a finding on the record that a violation has occurred.

42c9754v

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 30, 1988, P.L.464, No.79, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

42c9755s

§ 9755.  Sentence of partial confinement.

(a)  General rule.--In imposing a sentence involving partial confinement the court shall specify at the time of sentencing the length of the term during which the defendant is to be partially confined, which term may not exceed the maximum term for which he could be totally confined, and whether the confinement shall commence in a correctional or other appropriate institution.

(b)  Minimum sentence.--The court shall impose a minimum sentence of partial confinement which shall not exceed one-half of the maximum sentence imposed.

(c)  Purposes for partial release.--The court may in its order grant the defendant the privilege of leaving the institution during necessary and reasonable hours for any of the following purposes:

(1)  To work at his employment.

(2)  To seek employment.

(3)  To conduct his own business or to engage in other self-employment, including housekeeping and attending to the needs of the family.

(4)  To attend an educational institution or participate in a course of vocational training.

(5)  To obtain medical treatment.

(6)  To devote time to any other purpose approved by the court.

(d)  Conditions to release.--The court may in addition include in its order such of the conditions as are enumerated in section 9763 (relating to conditions of probation) as may be reasonably related to the sentence.

(e)  Duties of correctional authorities.--The correctional authorities shall be responsible for arranging a plan consistent with the order issued under this section whereby the objectives of partial confinement may be achieved and they shall determine when and under what conditions consistent with the order issued under this section the defendant shall be permitted to be absent from the correctional institution.

(f)  Disposition of earnings of defendant.--If the defendant is employed for wages or salary, the superintendent or another administrative official of the institution shall collect the same, or shall require the defendant to turn over his wages or salary in full when received, and shall deposit the same in a trust account and shall keep a ledger showing the state of the account. When an employer transmits such earnings to the superintendent or other official, the employer shall have no liability to the defendant for such earnings. From such earnings there shall be deducted without priority the following:

(1)  The board and personal expenses of the defendant both inside and outside the institution.

(2)  Installment on fines, if any.

(3)  To the extent directed by the court, support of the dependents of the defendant.

If sufficient funds after such deductions are available, the superintendent or other official may with the consent of the defendant pay in whole or in part any of the debts of the defendant. Any balance shall be retained and paid to the defendant upon his discharge.

(g)  Prisoner release plans.--This section shall not be interpreted as limiting the authority of the court as set forth in section 9755.1 (relating to temporary release from county correctional institution).

(h)  Sentence of partial confinement combined with probation.--The court may impose a sentence of partial confinement without parole under this subsection only when:

(1)  the period of partial confinement is followed immediately by restrictive conditions of probation imposed pursuant to section 9763 in which case the sentence of partial confinement shall specify the number of days of partial confinement to be served; and

(2)  the maximum sentence of partial confinement imposed on one or more indictments to run consecutively or concurrently total 90 days or less.

42c9755v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2019 Amendment.  Act 115 amended subsecs. (d) and (h).

2012 Amendment.  Act 122 amended subsec. (g).

42c9755.1s

§ 9755.1.  Temporary release from county correctional institution.

(a)  (Reserved).

(b)  Surrender of wages.--When an inmate is employed for wages or salary, the chief administrator of the county correctional institution shall collect the wages or salary or require the inmate to turn over his wages or salary in full when received, and the chief administrator shall deposit the same in a trust checking account and keep a ledger showing the status of the account of each inmate.

(c)  Liability for board cost.--

(1)  An inmate gainfully employed shall be liable for the cost of his board in the county correctional institution as fixed by the county commissioners. If necessarily absent from jail at a meal time, the inmate shall, at his request, be furnished with an adequately nourishing lunch to carry to work.

(2)  The chief administrator of the county correctional institution shall charge the inmate's account if the inmate has one for such board.

(3)  If the inmate is gainfully self employed, the inmate shall pay for such board in default of which his privilege under this section shall be automatically forfeited.

(4)  If the food in the county correctional institution is furnished directly by the county, the chief administrator of the county correctional institution shall account for and pay over such board payments to the county treasurer.

(d)  Disbursements from inmate accounts.--By order of the court, the wages or salaries of employed inmates shall be disbursed for the following purposes in the order stated:

(1)  The board of the inmate.

(2)  Necessary travel expense to and from work and other incidental expenses of the inmate.

(3)  Support of the inmate's dependents, if any, the amount to be determined by the court.

(4)  Payment of docket costs connected with the commitment of the inmate.

(5)  Payment either in full or ratably of the inmate's obligations acknowledged by him in writing or which have been reduced to judgment.

(6)  The balance, if any, to the inmate upon discharge.

(e)  Intercounty custody.--The court may by order authorize the chief administrator of a county correctional institution to which an inmate is committed to arrange with the chief administrator of another county correctional institution for the employment of the prisoner in the other's county and while so employed to be in the other's custody but in other respects to be and continue subject to the commitment.

42c9755.1v

(Aug. 11, 2009, P.L.147, No.33, eff. 60 days)

 

2009 Amendment.  Act 33 added section 9755.1.

Cross References.  Section 9755.1 is referred to in sections 9755, 9756 of this title.

42c9756s

§ 9756.  Sentence of total confinement.

(a)  General rule.--In imposing a sentence of total confinement the court shall at the time of sentencing specify any maximum period up to the limit authorized by law and whether the sentence shall commence in a correctional or other appropriate institution.

(b)  Minimum sentence.--

(1)  The court shall impose a minimum sentence of confinement which shall not exceed one-half of the maximum sentence imposed.

(2)  The minimum sentence imposed under this section may not be reduced through parole prior to the expiration of the minimum sentence unless otherwise authorized by this section or other law.

(3)  Except where the maximum sentence imposed is two years or more, and except where a mandatory minimum sentence of imprisonment or total confinement is required by law, the court shall, at the time of sentencing, state whether or not the defendant is eligible to participate in a reentry plan at any time prior to the expiration of the minimum sentence or at the expiration of a specified portion of the minimum sentence. For maximum sentences of less than two years as defined under section 9762(f) (relating to sentencing proceeding; place of confinement), a court may parole a defendant prior to the expiration of the minimum sentence only if the defendant was made eligible to participate in a reentry plan at the time of sentencing. The court shall provide at least ten days' written notice and an opportunity to be heard, pursuant to section 9776 (relating to judicial power to release inmates), to the prosecuting attorney before granting parole pursuant to this subsection. The reentry plan eligibility shall be considered a part of the sentence and subject to the requirements relating to the entry, recording and reporting of sentences.

(b.1)  Recidivism risk reduction incentive minimum sentence.--The court shall determine if the defendant is eligible for a recidivism risk reduction incentive minimum sentence under 61 Pa.C.S. Ch. 45 (relating to recidivism risk reduction incentive). If the defendant is eligible, the court shall impose a recidivism risk reduction incentive minimum sentence in addition to a minimum sentence and maximum sentence except, if the defendant was previously sentenced to two or more recidivism risk reduction incentive minimum sentences, the court shall have the discretion to impose a sentence with no recidivism risk reduction incentive minimum.

(c)  Prohibition of parole for summary offenses.--The court may impose a sentence to imprisonment without the right to parole under this subsection only when:

(1)  a summary offense is charged;

(2)  sentence is imposed for nonpayment of fines or costs, or both, in which case the sentence shall specify the number of days to be served; and

(3)  the maximum term or terms of imprisonment imposed on one or more indictments to run consecutively or concurrently total less than 30 days.

(c.1)  Sentence of total confinement combined with probation.--The court may impose a sentence of imprisonment without parole under this subsection only when:

(1)  the period of total confinement is followed immediately by restrictive conditions of probation imposed pursuant to section 9763(c) or (d) (relating to conditions of probation) in which case the sentence of total confinement shall specify the number of days of total confinement also to be served; and

(2)  the maximum sentence of total confinement imposed on one or more indictments to run consecutively or concurrently total 90 days or less.

(d)  Prisoner release plans.--This section shall not be interpreted as limiting the authority of the court as set forth in section 9755.1 (relating to temporary release from county correctional institution).

(e)  Definitions.--As used in this section, the term "reentry plan" is a release plan that may include drug and alcohol treatment, behavioral health treatment, job training, skills training, education, life skills or any other condition deemed relevant by the court.

42c9756v

(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2019 Amendment.  Act 115 amended subsec. (c.1).

2012 Amendment.  Act 122 amended subsec. (d).

2009 Amendment.  Act 33 amended subsecs. (b), (b.1) and (e).

2000 Amendment.  Act 41 amended subsec. (c) and added subsec. (c.1).

Cross References.  Section 9756 is referred to in sections 2154, 9721 of this title; sections 6137.1, 6137.2 of Title 61 (Prisons and Parole).

42c9757s

§ 9757.  Consecutive sentences of total confinement for multiple offenses.

Whenever the court determines that a sentence should be served consecutively to one being then imposed by the court, or to one previously imposed, the court shall indicate the minimum sentence to be served for the total of all offenses with respect to which sentence is imposed. Such minimum sentence shall not exceed one-half of the maximum sentence imposed.

42c9757v

 

Cross References.  Section 9757 is referred to in section 4505 of Title 61 (Prisons and Parole).

42c9758s

§ 9758.  Fine.

(a)  General rule.--In imposing a fine the court shall at the time of sentencing specify the amount of the fine up to the amount authorized by law and shall provide when it is to be paid, and in the absence of statutory direction provide whether it is to be paid to the county or to the Commonwealth.

(b)  Installment payment.--Except for fines imposed under Title 34 (relating to game), the court may permit installment payments as it considers appropriate to the circumstances of the defendant, in which case its order shall specify when each installment payment is due. Installment payments for fines imposed for summary offenses under Title 34 shall not exceed one year for summary offenses and, except for 34 Pa.C.S. § 2522 (relating to shooting at or causing injury to human beings), shall not exceed two years for misdemeanor offenses.

(c)  Alternative sentence.--The sentence of the court may include an alternative sentence in the event of nonpayment.

42c9758v

(July 8, 1986, P.L.442, No.93, eff. July 1, 1987)

 

1986 Amendment.  Act 93 amended subsec. (b).

Cross References.  Section 9758 is referred to in section 9772 of this title; section 925 of Title 34 (Game); section 6504 of Title 75 (Vehicles).

42c9759s

§ 9759.  Record.

(a)  General rule.--A record of the sentencing proceeding shall be made and preserved in such a manner that it can be transcribed as needed.

(b)  Contents.--The record shall include:

(1)  The record of any stipulation made at a presentence conference.

(2)  A copy of the presentence report and a copy of any other report or document available to the sentencing court as an aid in imposing sentence, subject to such limitations as the court may have imposed under section 9734(b) (relating to restrictions on disclosure).

(3)  A verbatim account of the entire sentencing proceeding.

(c)  Documents transmitted to prison and parole authorities.--If the defendant is sentenced to imprisonment for a maximum term in excess of two years, there shall be forwarded to the prison and parole authorities a copy of the presentence report, if any.

42c9759v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

1980 Amendment.  Act 142 amended subsec. (b)(2).

Suspension by Court Rule.  Section 9759 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

Cross References.  Section 9759 is referred to in section 9733 of this title.

42c9760s

§ 9760.  Credit for time served.

After reviewing the information submitted under section 9737 (relating to report of outstanding charges and sentences) the court shall give credit as follows:

(1)  Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody as a result of the criminal charge for which a prison sentence is imposed or as a result of the conduct on which such a charge is based. Credit shall include credit for time spent in custody prior to trial, during trial, pending sentence, and pending the resolution of an appeal.

(2)  Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody under a prior sentence if he is later reprosecuted and resentenced for the same offense or for another offense based on the same act or acts. This shall include credit in accordance with paragraph (1) of this section for all time spent in custody as a result of both the original charge and any subsequent charge for the same offense or for another offense based on the same act or acts.

(3)  If the defendant is serving multiple sentences, and if one of the sentences is set aside as the result of direct or collateral attack, credit against the maximum and any minimum term of the remaining sentences shall be given for all time served in relation to the sentence set aside since the commission of the offenses on which the sentences were based.

(4)  If the defendant is arrested on one charge and later prosecuted on another charge growing out of an act or acts that occurred prior to his arrest, credit against the maximum term and any minimum term of any sentence resulting from such prosecution shall be given for all time spent in custody under the former charge that has not been credited against another sentence.

42c9760v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

1980 Amendment.  Act 142 amended the intro. par.

Cross References.  Section 9760 is referred to in section 9737 of this title; section 4105 of Title 61 (Prisons and Parole).

42c9761s

§ 9761.  Computation and order of service of sentences.

(a)  Order of service of sentences.--If a minimum sentence imposed by the court which is to run concurrently with one which has been previously imposed would expire later than the minimum of such a previously imposed sentence, or if the previously imposed sentence is terminated before the expiration of the minimum sentence of the last imposed sentence, the defendant shall be imprisoned at least until the last imposed minimum sentence has been served.

(b)  Sentences imposed by other sovereigns.--If the defendant is at the time of sentencing subject to imprisonment under the authority of any other sovereign, the court may indicate that imprisonment under such other authority shall satisfy or be credited against both the minimum and maximum time imposed under the court's sentence. If the defendant is released by such other authority before the expiration of the minimum time imposed by the court, he shall be returned to a correctional institution of the Commonwealth to serve the time which remains of the sentence. If the defendant is released after the minimum time has elapsed, he shall be considered for parole on the same basis as a prisoner who has served his minimum time in a correctional institution of the Commonwealth. If the defendant is released after the maximum time imposed under the sentence of imprisonment he shall be deemed to have served his sentence.

42c9762s

§ 9762.  Sentencing proceeding; place of confinement.

(a)  Sentences or terms of incarceration imposed before a certain date.--For the three-year period beginning on the effective date of this subsection, all persons sentenced to total or partial confinement for the following terms shall be committed as follows:

(1)  Maximum terms of five or more years shall be committed to the Department of Corrections for confinement.

(2)  Maximum terms of two years or more but less than five years may be committed to the Department of Corrections for confinement or may be committed to a county prison within the jurisdiction of the court.

(3)  Maximum terms of less than two years shall be committed to a county prison within the jurisdiction of the court.

(b)  Sentences or terms of incarceration imposed after a certain date.--All persons sentenced three or more years after the effective date of this subsection to total or partial confinement shall be committed as follows:

(1)  Maximum terms of five or more years shall be committed to the Department of Corrections for confinement.

(2)  Maximum terms of two years or more but less than five years shall be committed to the Department of Corrections for confinement, except upon a finding of all of the following:

(i)  The chief administrator of the county prison, or the administrator's designee, has certified that the county prison is available for the commitment of persons sentenced to maximum terms of two or more years but less than five years.

(ii)  The attorney for the Commonwealth has consented to the confinement of the person in the county prison.

(iii)  The sentencing court has approved the confinement of the person in the county prison within the jurisdiction of the court.

(3)  Maximum terms of less than two years shall be committed to a county prison within the jurisdiction of the court.

(c)  Certification.--The chief administrator of the county prison, or the administrator's designee, may issue a certification under subsection (b)(2)(i) if the county prison population is less than 110% of the rated capacity of the county prison. The chief administrator shall revoke any previously issued certification if the prison population exceed 110% of the rated capacity. The president judge of the court, the district attorney and the chief public defender of the county shall be served with a written copy of any certification or revocation.

(d)  County intermediate punishment.--Nothing in this section shall prevent a judge from sentencing an offender to county intermediate punishment which does not require confinement within county prison if otherwise authorized by law.

(e)  Reimbursement.--Beginning three years after the effective date of this subsection:

(1)  The Department of Corrections shall reimburse to the counties the reasonable cost of confinement of every Level 4 or 5 offender as identified in the Basic Sentencing Matrix promulgated by the Pennsylvania Commission on Sentencing who is participating in an approved work release program. The reimbursement per prisoner shall not exceed the average per-prisoner cost of confinement paid by the Commonwealth for the confinement of prisoners in the Department of Corrections. No more than $2,500,000 shall be expended annually for this purpose. Reimbursement shall be made on a pro rata basis if the total dollar amount of eligible confinement costs exceeds $2,500,000. Nothing in this paragraph shall prevent more than $2,500,000 being appropriated for this purpose. Reimbursement shall be made on a pro rata basis if the total dollar amount of eligible confinement costs exceeds any additional appropriation. A county shall not be reimbursed under this section for any offender participating in an approved work release program for whom the county is being or has been reimbursed from any other State funds regardless of their source.

(2)  County prisons may require reimbursements from other county prisons or the Department of Corrections for inmates voluntarily accepted for incarceration at mutually agreeable rates. The Department of Corrections shall maintain a list of those counties willing to accept voluntary placement of out-of-county inmates.

(f)  Aggregation.--For purposes of this section, the sentences or terms of incarceration shall mean the entire continuous term of incarceration to which a person is subject, notwithstanding whether the sentence is the result of any of the following:

(1)  One or more sentences.

(2)  Sentences imposed for violations of probation or intermediate punishment.

(3)  Sentences to be served upon recommitment for violations of parole.

(4)  Any other manner of sentence.

(g)  Date of imposition.--For purposes of this section, if a person is subject to multiple sentences or terms of incarceration or any combination of sentences or terms, the date of the last sentence imposed or the date of recommitment, whichever is later, shall determine the place of incarceration and whether reimbursement is required.

(h)  Transfer of prisoners.--Nothing in this section shall prohibit the transfer of prisoners otherwise authorized by law or prevent a judge from changing the place of confinement between State and county facilities to the extent that the judge would have such discretion at the time of imposition of sentence or recommitment.

(i)  Prohibition.--Notwithstanding any other provision of law, no person sentenced to total or partial confinement after the effective date of this subsection shall be committed to the Department of Corrections unless:

(1)  the aggregate sentence consists of a conviction for an offense graded as a misdemeanor of the second degree or higher; or

(2)  the Secretary of Corrections or the secretary's designee has consented to the commitment.

(j)  Applicability.--18 Pa.C.S. § 106(b)(8) and (9) (relating to classes of offenses) applies to subsection (i).

42c9762v

(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 30 days)

 

2012 Amendment.  Act 122 added subsecs. (i) and (j).

Cross References.  Section 9762 is referred to in section 9756 of this title; sections 4505, 6132, 6134.1, 6171 of Title 61 (Prisons and Parole); sections 3804, 3815 of Title 75 (Vehicles).

42c9763s

§ 9763.  Conditions of probation.

(a)  General rule.--In imposing probation, the court shall consider guidelines adopted by the Pennsylvania Commission on Sentencing under section 2154 (relating to adoption of guidelines for sentencing) or 2154.1 (relating to adoption of guidelines for restrictive conditions) and specify at the time of sentencing the conditions of probation, including the length of the term of restrictive conditions under subsection (c) or (d). The term of restrictive conditions under subsection (c) shall be equal to or greater than the mandatory minimum term of imprisonment required by statute.

(b)  Conditions generally.--The court may attach any of the following conditions upon the defendant as it deems necessary:

(1)  To meet family responsibilities.

(2)  To be devoted to a specific occupation, employment or education initiative.

(3)  To participate in a public or nonprofit community service program.

(4)  To undergo individual or family counseling.

(5)  To undergo available medical or psychiatric treatment or to enter and remain in a specified institution, when required for that purpose.

(6)  To attend educational or vocational training programs.

(7)  To attend or reside in a rehabilitative facility or other intermediate punishment program.

(8)  (Deleted by amendment).

(9)  To not possess a firearm or other dangerous weapon unless granted written permission.

(10)  To make restitution of the fruits of the crime or to make reparations, in an affordable amount and on a schedule that the defendant can afford to pay, for the loss or damage caused by the crime.

(11)  To be subject to intensive supervision while remaining within the jurisdiction of the court and to notify the court or designated person of any change in address or employment.

(12)  To report as directed to the court or the designated person and to permit the designated person to visit the defendant's home.

(13)  To pay a fine.

(14)  To participate in drug or alcohol screening and treatment programs, including outpatient programs.

(15)  To do other things reasonably related to rehabilitation.

(16)  (Deleted by amendment).

(17)  (Deleted by amendment).

(c)  Restrictive DUI probation conditions.--

(1)  Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a first, second or third offense under 75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs) may only have probation imposed after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).

(2)  If the defendant is determined to be in need of drug and alcohol treatment, the defendant may only have probation that includes participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c) (relating to mandatory sentencing). The defendant shall have restrictive DUI probation conditions of:

(i)  a residential inpatient program or a residential rehabilitative center;

(ii)  house arrest with electronic surveillance;

(iii)  a partial confinement program such as work release, work camp and halfway facility; or

(iv)  any combination of the programs set forth in this paragraph.

(3)  If the defendant is determined not to be in need of drug and alcohol treatment, the defendant shall have restrictive DUI probation conditions of:

(i)  house arrest with electronic surveillance;

(ii)  partial confinement programs such as work release, work camps and halfway facilities; or

(iii)  any combination of the programs set forth in this paragraph.

(4)  If the defendant is determined to be in need of additional treatment under 75 Pa.C.S. § 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum.

(d)  Restrictive conditions of probation.--Probation may include restrictive conditions that:

(1)  house the person full time or part time, including inpatient treatment; or

(2)  significantly restrict the person's movement and monitor the person's compliance with the program, including electronic monitoring or home confinement.

42c9763v

(Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; June 22, 2000, P.L.345, No.41, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2019 Amendment.  Act 115 amended the section heading and  subsecs. (a), (b)(2), (10) and (14), (c) and (d) and deleted subsec. (b)(8), (16) and (17).

1990 Amendment.  Act 201 added section 9763.

Cross References.  Section 9763 is referred to in sections 2154.1, 9721, 9754, 9755, 9756, 9804 of this title.

42c9764s

§ 9764.  Information required upon commitment and subsequent disposition.

(a)  General rule.--Upon commitment of an inmate to the custody of the Department of Corrections, the sheriff or transporting official shall provide to the institution's records officer or duty officer, in addition to a copy of the court commitment form DC-300B generated from the Common Pleas Criminal Court Case Management System of the unified judicial system, the following information:

(1)  Record of adjustment in the county correctional facility, including, but not limited to, misconducts and escape history.

(2)  Any current medical or psychological condition requiring treatment, including, but not limited to, suicide attempts.

(3)  All medical records of the county correctional institution relating to the inmate to the extent that those records may be disclosed under Federal and State law. The records shall include admission testing performed by the county and the results of those tests and any testing related to hepatitis, HIV/AIDS, tuberculosis or other infectious disease testing.

(4)  Notice of current or previously administered medications.

(5)  A 48-hour supply of current medications.

(6)  A written statement by the county correctional institution relating to any sentencing credit to which the inmate may be entitled.

(7)  A written statement by the county correctional institution setting forth all of the following:

(i)  The dates on which the inmate was incarcerated.

(ii)  The charges pending against the inmate with the offense tracking number.

(iii)  The date on which the inmate was released on bail, if any, and a copy of the bail order.

(8)  A copy of the sentencing order and any detainers filed against the inmate which the county has notice.

(b)  Additional information.--Within ten days from the date sentence is imposed, the court shall provide to the county correctional facility the following information pertaining to the inmate:

(1)  A copy of the presentence investigation report. Where a presentence investigation report was not ordered by the court, the official version of the crime for which the inmate was convicted or a copy of the guilty plea transcript or preliminary hearing transcript.

(2)  The criminal complaint or affidavit of probable cause accompanying the arrest warrant.

(3)  (Deleted by amendment).

(4)  A copy of the completed guideline sentence form.

(5)  All of the following:

(i)  A written, sealed sentencing order from the county.

(ii)  The sentencing colloquy sealed by the court.

(iii)  Court commitment orders.

(iv)  The Court Commitment Form DC-300B generated from the Common Pleas Criminal Court Case Management System of the unified judicial system.

(v)  Any detainers filed against the inmate of which the county has notice.

(c)  Transmittal of additional inmate documentation.--If a document provided by the court under subsection (b) is received by the county correctional institution after the inmate is transferred to the custody of the Department of Corrections, the document shall be transmitted to the Department of Corrections within 20 calendar days of its receipt.

(c.1)  Implementation.--

(1)  The Department of Corrections may refuse to accept custody of an inmate for whom the sheriff or transporting official does not provide the information under subsection (a) under the following circumstances:

(i)  The county correctional facility has a pattern or practice of not providing the information mandated under this section.

(ii)  The Department of Corrections has previously notified the chief administrator of the county correctional facility, the county commissioners, the county sheriff and the president judge of the county of the specific deficiencies that constitute a pattern or practice.

(iii)  The Department of Corrections has provided the county with a reasonable period of time to provide the documentation.

(iv)  The Department of Corrections has notified the officials designated under subparagraph (ii) of the intent to refuse to accept inmates without documentation as of a specified date that shall be no sooner than 30 days after the service of the notification.

(2)  In cases of a refusal to accept custody of an inmate under this subsection, the sheriff or transporting official shall return the inmate to the sending county correctional institution, which shall accept custody of the inmate. The inmate may be recommitted to the custody of the Department of Corrections upon provision of the documentation required under subsection (a).

(3)  The Department of Corrections, board and a county correctional facility shall not be liable for compensatory, punitive or other damages for relying in good faith on any sentencing order or court commitment form DC-300B generated from the Common Pleas Criminal Court Case Management System of the unified judicial system or otherwise transmitted to them.

(c.2)  Effect of electronic transfer of information.--Notwithstanding any electronic transfer of information which may occur, the Department of Corrections, in its discretion, may require actual sealed court orders to the extent that they relate to the commitment, term of sentence or other matter that may affect the fact or duration of confinement.

(d)  Transfer to county facility.--Upon transfer of an inmate from a State correctional institution to a county correctional facility, the Department of Corrections shall provide to the county facility, unless the facility prior to the time of transfer agrees to accept the inmate without the information, the record of the inmate's institutional adjustment, including, but not limited to, misconducts and/or escape history, and written notice of any current medical or psychological condition requiring treatment, including, but not limited to, suicide attempts, notice of current or previously ordered medication and a 48-hour supply of current medication.

(e)  Release by Department of Corrections.--Prior to the release of an inmate from the Department of Corrections to State parole supervision, the Department of Corrections shall provide to the Pennsylvania Parole Board the information contained in subsections (a)(1) and (2) and (b).

(f)  Release from county correctional facility to State probation or parole.--

(1)  Prior to the release of an inmate from a county correctional facility to State probation or parole supervision, the facility shall provide to the Department of Corrections and the Pennsylvania Parole Board the information contained in subsections (a) and (b) with the exception of subsection (a)(5).

(2)  Prior to the release of an inmate from a county correctional facility to State probation or parole supervision, the facility shall provide to the inmate his current medications as prescribed and any customary and necessary medical supplies as determined by the prescribing physician.

(g)  Release from county correctional facility to county probation or parole.--

(1)  Prior to the release of an inmate from a county correctional facility to county probation or parole supervision, the facility shall provide to the county probation department the information contained in subsections (a)(1) through (4) and (b).

(2)  Prior to the release of an inmate from a county correctional facility to county probation or parole supervision, the facility shall provide to the inmate his current medications as prescribed and any customary and necessary medical supplies as determined by the prescribing physician.

(h)  Record of inmate moneys.--Prior to the release of an inmate from the Department of Corrections to State parole supervision, the department shall provide to the Pennsylvania Parole Board a record of any moneys paid by the inmate and any balance remaining towards satisfaction of restitution or any other court-ordered financial obligations. Prior to the release of an inmate from a county correctional facility to State parole supervision, the county correctional facility shall provide to the Department of Corrections a record of any moneys paid by the inmate and any balance remaining towards the satisfaction of restitution or any other court-ordered financial obligations. Prior to the release of an inmate from a county correctional facility to county parole supervision, the facility shall provide to the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county a record of any moneys paid by the inmate and any remaining balance towards the satisfaction of restitution and any other court-ordered financial obligations.

(i)  Continuing payments.--The Pennsylvania Parole Board shall require as a condition of parole that any inmate released to their supervision shall make continuing payments on restitution or any other court-ordered financial obligations. The sentencing court shall require as a condition of county parole that any inmate released to the supervision of the county probation department shall make continuing payments of restitution or any other court-ordered financial obligations.

(j)  Release after maximum sentence.--Upon release of an inmate from the Department of Corrections at the expiration of his maximum sentence, the Department of Corrections shall transmit to the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county in which the inmate was convicted a record of any moneys paid by the inmate and any outstanding amounts owed by the inmate towards satisfaction of restitution or any other court-ordered financial obligations.

(k)  Procedures.--The Department of Corrections and the Pennsylvania Parole Board shall develop procedures to implement the provisions of this section.

(l)  Application.--This section shall apply to offenders transferred to or released from a State or county correctional facility after the effective date of this section.

42c9764v

(June 18, 1998, P.L.640, No.84, eff. 120 days; Dec. 1, 2004, P.L.1778, No.233, eff. 60 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsecs. (e), (f), (h), (i) and (k). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

42c9765s

§ 9765.  Merger of sentences.

No crimes shall merge for sentencing purposes unless the crimes arise from a single criminal act and all of the statutory elements of one offense are included in the statutory elements of the other offense. Where crimes merge for sentencing purposes, the court may sentence the defendant only on the higher graded offense.

42c9765v

(Dec. 9, 2002, P.L.1705, No.215, eff. 60 days)

 

2002 Amendment.  Act 215 added section 9765.

42c9771h

 

 

SUBCHAPTER F

FURTHER JUDICIAL ACTION

 

Sec.

9771.  Modification or revocation of order of probation.

9771.1. Court-imposed sanctions for violating probation.

9772.  Failure to pay fine.

9773.  Modification or revocation of county intermediate punishment sentence (Repealed).

9774.  Revocation of State intermediate punishment sentence (Repealed).

9775.  Parole without board supervision.

9776.  Judicial power to release inmates.

9777.  Transfer of inmates in need of medical treatment.

42c9771s

§ 9771.  Modification or revocation of order of probation.

(a)  General rule.--The court has inherent power to at any time terminate continued supervision, lessen the conditions upon which an order of probation has been imposed or increase the conditions under which an order of probation has been imposed upon a finding that a person presents an identifiable threat to public safety.

(b)  Revocation.--The court may increase the conditions, impose a brief sanction under section 9771.1 (relating to court-imposed sanctions for violating probation) or revoke an order of probation upon proof of the violation of specified conditions of the probation. Upon revocation the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation. The attorney for the Commonwealth may file notice at any time prior to resentencing of the Commonwealth's intention to proceed under an applicable provision of law requiring a mandatory minimum sentence.

(c)  Limitation on sentence of total confinement.--The court shall not impose a sentence of total confinement upon revocation unless it finds that:

(1)  the defendant has been convicted of another crime; or

(2)  the conduct of the defendant indicates that it is likely that he will commit another crime if he is not imprisoned; or

(3)  such a sentence is essential to vindicate the authority of the court.

(d)  Hearing required.--There shall be no revocation or increase of conditions of sentence under this section except after a hearing at which the court shall consider the record of the sentencing proceeding together with evidence of the conduct of the defendant while on probation. Probation may be eliminated or the term decreased without a hearing.

42c9771v

(Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2019 Amendment.  Act 115 amended subsecs. (a) and (b).

Cross References.  Section 9771 is referred to in section 9771.1 of this title.

42c9771.1s

§ 9771.1.  Court-imposed sanctions for violating probation.

(a)  Program.--Notwithstanding the provisions of section 9771 (relating to modification or revocation of order of probation), the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.

(b)  Coordination with other officials.--(Deleted by amendment).

(c)  Eligibility.--(Deleted by amendment).

(d)  Warning hearing.--(Deleted by amendment).

(e)  Drug testing.--(Deleted by amendment).

(f)  Violation hearing.--If a participant commits a probation violation, the participant shall promptly be arrested, and a hearing shall be held no later than two business days after the arrest date.

(g)  Sanctions.--

(1)  The court shall impose a term of imprisonment of up to:

(i)  three days for a first violation;

(ii)  seven days for a second violation;

(iii)  fourteen days for a third violation; and

(iv)  twenty-one days for a fourth or subsequent violation of probation.

(2)  The court may allow the term of imprisonment to be served on weekends or other nonwork days for employed probationers who have committed a first or second violation.

(3)  The court may increase the conditions of probation, including additional substance abuse treatment for a participant who has failed one or more drug tests.

(h)  Exceptions.--If the participant is able to provide a compelling reason for the probation violation, the court may grant an exception to the sanctions authorized under subsection (g).

(i)  Revocation of probation.--

(1)  After a third violation, the court may revoke the order of probation.

(2)  Upon revocation, the sentencing alternatives shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation.

(j)  Local rules.--

(1)  The court may adopt local rules for the administration of this program. Except as provided for under paragraph (2), the local rules may not be inconsistent with this section or any rules adopted by the Supreme Court.

(2)  The court may adopt local rules that are inconsistent with subsection (g) regarding the terms of imprisonment or other sanctions or conditions provided for under subsection (g).

42c9771.1v

(July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

Cross References.  Section 9771.1 is referred to in sections 2153, 9771 of this title.

42c9772s

§ 9772.  Failure to pay fine.

Unless there is proof that failure to pay a fine or that portion of the fine that is due is excusable, the court may after a hearing find the defendant guilty of contempt and sentence him to not more than six months imprisonment, if a term of confinement of that amount could have been imposed for the offense charged. If an alternative sentence has been imposed under section 9758(c) (relating to alternative sentence), the alternative sentence may not take effect until there has been a preliminary finding of non-indigency, and a willful failure to pay the fine.

42c9772v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

42c9773s

§ 9773.  Modification or revocation of county intermediate punishment sentence (Repealed).

42c9773v

 

2019 Repeal.  Section 9773 was repealed December 18, 2019, P.L.776, No.115, effective immediately.

42c9774s

§ 9774.  Revocation of State intermediate punishment sentence (Repealed).

42c9774v

 

2019 Repeal.  Section 9774 was repealed December 18, 2019, P.L.776, No.115, effective immediately.

42c9775s

§ 9775.  Parole without board supervision.

A sentencing court shall grant parole from a term of imprisonment for less than a maximum period of two years, and, together with all probations except probation as to which supervision is specially ordered by the court as provided for under section 9721 (relating to sentencing generally), parole shall be without supervision by the board.

42c9775v

(Aug. 11, 2009, P.L.147, No.33, eff. 60 days)

 

2009 Amendment.  Act 33 added section 9775.

42c9776s

§ 9776.  Judicial power to release inmates.

(a)  General rule.--Except as otherwise provided under this chapter or if the Pennsylvania Parole Board has exclusive parole jurisdiction, a court of this Commonwealth or other court of record having jurisdiction may, after due hearing, release on parole an inmate in the county correctional institution of that judicial district.

(b)  Petition required.--No inmate may be paroled under this section except on petition verified by the oath of the inmate or by the inmate's representative and presented and filed in the court in which the inmate was convicted.

(c)  Hearing.--On presentation of the petition, the court shall fix a day for the hearing. A copy of the petition shall be served on the district attorney and prosecutor in the case at least ten days before the day fixed for the hearing. Proof of service on the district attorney and the prosecutor shall be produced at the hearing.

(d)  Order.--After the hearing, the court shall make such order as it may deem just and proper. In case the court paroles the inmate, it shall place the inmate in the charge of and under the supervision of a designated probation officer.

(e)  Recommit.--The court may, on cause shown by the probation officer that the inmate has violated his parole, recommit and reparole the inmate in the same manner and by the same procedure as in the case of the original parole if, in the judgment of the court, there is a reasonable probability that the inmate will benefit by being paroled. The court may also recommit for violation of that parole.

(f)  Limitation.--

(1)  Subject to the provisions of paragraph (2), the power of a court to parole an inmate under this section shall extend for a period not to exceed the maximum sentence provided by law for the offense of which the inmate was convicted.

(2)  A court may release on parole, on petition to any other court, an inmate committed to a correctional institution by any magisterial district judge and shall have the same power to recommit an inmate paroled under this section.

42c9776v

(Aug. 11, 2009, P.L.147, No.33, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (a). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2009 Amendment.  Act 33 added section 9776.

Cross References.  Section 9776 is referred to in section 9756 of this title.

42c9777s

§ 9777.  Transfer of inmates in need of medical treatment.

(a)  Inmates committed to custody of department.--If an inmate is committed to the custody of the department, the department, the inmate or a person to whom the court grants standing to act on behalf of the inmate may petition the sentencing court to temporarily defer service of the sentence of confinement and temporarily remove the inmate committed to the custody of the department, or other facility, for placement in a hospital, long-term care nursing facility or hospice care location. The following shall apply:

(1)  The sentencing court may approve the petitioner's request to temporarily defer service of the sentence of confinement and place the inmate in a hospital or long-term care nursing facility under electronic monitoring by the department upon clear and convincing proof that all of the following apply:

(i)  The medical needs of the inmate can be more appropriately addressed in the hospital or long-term care nursing facility.

(ii)  The hospital or long-term care nursing facility requested by the petitioner has agreed to accept the placement of the inmate and to provide necessary medical care.

(iii)  The inmate is seriously ill and is expected by a treating physician to not live for more than one year.

(iv)  There are no writs filed or detainers lodged against the inmate and the inmate is not subject to any court order requiring the inmate's presence.

(v)  The placement in the hospital or long-term care nursing facility does not pose an undue risk of escape or danger to the community. In making this determination, the sentencing court shall consider the inmate's institutional conduct record, whether the inmate was ever convicted of a crime of violence, the length of time that the inmate has been imprisoned and any other factors the sentencing court deems relevant.

(vi)  The hospital or long-term care nursing facility has agreed to notify the department and the court of any material changes in the health status of the inmate, the nature of the care provided or other information required by the department.

(vii)  Each agency representing the Commonwealth at a proceeding which resulted in an order committing or detaining the inmate, the State or local correctional facility housing the inmate and any registered crime victim have been given notice and an opportunity to be heard on the petition.

(2)  The sentencing court may approve the petitioner's request to temporarily defer service of the sentence of confinement in order for the inmate to receive care from a licensed hospice care provider, proposed by the petitioner and subject to electronic monitoring by the department, if all of the following are established by clear and convincing proof:

(i)  The inmate is terminally ill, not ambulatory and likely to die in the near future.

(ii)  The licensed hospice care provider can provide the inmate with more appropriate care.

(iii)  Appropriate medical care and palliative and supportive services will be provided by the licensed hospice care provider at the proposed hospice care location.

(iv)  The placement of the inmate in the proposed, licensed hospice care location does not pose an undue risk of escape or danger to the community. In making this determination, the sentencing court shall consider the inmate's institutional conduct record, whether the inmate was ever convicted of a crime of violence, the length of time that the inmate has been imprisoned and any other factors the sentencing court deems relevant.

(v)  The licensed hospice care provider has agreed to notify the department and the sentencing court of any material changes in the health status of the inmate, the nature of the hospice care provided or other information required by the department or the sentencing court.

(vi)  Each agency representing the Commonwealth at a proceeding which resulted in an order committing or detaining the inmate, the State or local correctional facility housing the inmate and any registered crime victim have been given notice and an opportunity to be heard on the petition.

(3)  Any order entered pursuant to this subsection temporarily deferring service of an inmate's sentence of confinement shall include a provision that the department or prosecuting attorney may at any time petition the sentencing court for an order directing that the inmate be recommitted to the custody of the department if the circumstances under which the inmate was released change or for any previously unknown circumstances, including a change in the inmate's medical status, the inmate's risk of escape, the inmate's danger to the community or the nature of the medical or other care provided by the hospital, long-term care nursing facility or hospice care provider.

(4)  The sentencing court may terminate at any time its order authorizing the temporary deferral of the service of an inmate's sentence of confinement entered pursuant to this subsection. An inmate taken into custody pursuant to an order directing the inmate's detention or recommitment under this subsection shall be delivered to the nearest State correctional institution pending a hearing on the matter.

(b)  Inmates committed to custody of other facilities.--An inmate not committed to the custody of the department but confined in an institution authorized to incarcerate or detain persons for criminal sentences, violations of criminal law or orders of parole, probation, bail or other order related to a civil or criminal matter may have service of the sentence of confinement deferred and may be placed in a hospital, long-term care nursing facility or licensed hospice care location, subject to electronic monitoring, by order of the judge that committed the inmate to the facility or institution or by another available judge designated to preside if all of the following are established by clear and convincing proof:

(1)  The chief administrator, the chief administrator's designee, the inmate or a person to whom the court grants standing to act on behalf of the inmate petitions the court or has given written consent to the grant of a petition under this section filed on behalf of the inmate.

(2)  There is sufficient proof to establish the requirements for a placement to a hospital or long-term care nursing facility under subsection (a)(1) or a placement to a hospice care location under subsection (a)(2).

(3)  An entry of an order pursuant to this subsection temporarily deferring service of an inmate's sentence of confinement shall include a provision that the chief administrator or the prosecuting attorney may at any time petition the sentencing court seeking the issuance of a bench warrant directing that the inmate be recommitted to the custody of the appropriate correctional institution if the circumstances under which the inmate was released change or for previously unknown circumstances, including a change in the inmate's medical status, the inmate's risk of escape, the inmate's danger to the community or the nature of the medical or other care provided by the hospital, long-term care nursing facility or hospice care provider.

(4)  The sentencing court may terminate at any time its order authorizing the temporary deferral of the service of an inmate's sentence of confinement entered pursuant to this subsection. An inmate taken into custody pursuant to an order directing detention or recommitment under this subsection shall be delivered to the county correctional institution or other institution at which the inmate was confined prior to the entry of the order deferring the service of the sentence of confinement pending a hearing on the matter.

(c)  Service.--Any petition filed under this section shall be served on each agency representing the Commonwealth at each proceeding which resulted in an order by which the inmate is committed or detained and to the correctional institution or institution responsible for housing the inmate. Each party shall have an opportunity to object and be heard as to the petition for alternative placement, the circumstances of placement, the conditions of return or any other relevant issue. The court shall ensure that any crime victim entitled to notification under section 201(7) or (8) of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, has been given notice and the opportunity to be heard on the petition. All parties served or notified under this subsection shall receive a copy of the final order adjudicating the petition.

(d)  Notice.--

(1)  Any order entered under this section placing an inmate in a hospital, long-term care nursing facility or hospice care location which provides care to persons who were not placed therein pursuant to an order entered under this section shall direct the individual in charge of the hospital, long-term care nursing facility or hospice care location to ensure that each person receiving care at, and each employee or contractor working in, the hospital, long-term care nursing facility or hospice care location is notified that the placement was ordered if it is foreseeable that the person, employee or contractor will come into contact with the inmate during the placement.

(2)  The sentencing court shall forward notice of any order entered under this section placing an inmate in a hospital, long-term care nursing facility or hospice care location to the hospital, long-term care nursing facility or hospice care location and to the Department of Human Services.

(e)  Petition requirements.--Any petition filed pursuant to this section must aver:

(1)  The name of the hospital, long-term care nursing facility or hospice care location proposed for placement.

(2)  That the petitioner reasonably believes the named hospital, long-term care nursing facility or hospice care location has agreed to accept the placement of the inmate and the facts upon which that belief is based.

(f)  Removal from placement.--If an inmate placed in a hospital, long-term care nursing facility or hospice care location pursuant to this chapter removes himself from the hospital, long-term care nursing facility or hospice care location, the inmate shall be subject to arrest upon probable cause and shall, upon conviction thereof, be guilty of criminal contempt.

(g)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Chief administrator."  As defined under 61 Pa.C.S. § 102 (relating to definitions).

"Department."  The Department of Corrections of the Commonwealth.

"Hospice care location."  A home, independent living environment or inpatient setting that provides a coordinated program of palliative and supportive services through a licensed hospice care provider.

"Hospital."  An entity licensed as an acute-care general hospital, a specialty hospital or a rehabilitation hospital under the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Licensed hospice care provider."  A hospice as defined under section 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Long-term care nursing facility."  A long-term care nursing facility as defined under section 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Prosecuting attorney."  The Office of Attorney General of the Commonwealth or the office of a district attorney of a county who represented the Commonwealth at the most recent sentencing of an inmate.

"Sentencing court."  The trial judge who most recently sentenced an inmate or, if the trial judge is no longer serving as a judge of that court, the president judge of the county court of common pleas.

42c9777v

(Aug. 11, 2009, P.L.147, No.33, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (d)(2).

2009 Amendment.  Act 33 added section 9777.

42c9781h

 

 

SUBCHAPTER G

APPELLATE REVIEW OF SENTENCE

 

Sec.

9781.  Appellate review of sentence.

 

Prior Provisions.  Former Subchapter G of Title 18 (Crimes and Offenses), which related to Pennsylvania Commission on Sentencing, was added November 26, 1978, P.L.1316, No.319, and repealed October 5, 1980, P.L.693, No.142, effective in 60 days, except for section 1386 of Title 18 which was renumbered and transferred to section 9781 of Title 42. The subject matter of the repealed provisions is now contained in Subchapter F of Chapter 21.

42c9781s

§ 9781.  Appellate review of sentence.

(a)  Right to appeal.--The defendant or the Commonwealth may appeal as of right the legality of the sentence.

(b)  Allowance of appeal.--The defendant or the Commonwealth may file a petition for allowance of appeal of the discretionary aspects of a sentence for a felony or a misdemeanor to the appellate court that has initial jurisdiction for such appeals. Allowance of appeal may be granted at the discretion of the appellate court where it appears that there is a substantial question that the sentence imposed is not appropriate under this chapter.

(c)  Determination on appeal.--The appellate court shall vacate the sentence and remand the case to the sentencing court with instructions if it finds:

(1)  the sentencing court purported to sentence within the sentencing guidelines but applied the guidelines erroneously;

(2)  the sentencing court sentenced within the sentencing guidelines but the case involves circumstances where the application of the guidelines would be clearly unreasonable; or

(3)  the sentencing court sentenced outside the sentencing guidelines and the sentence is unreasonable.

In all other cases the appellate court shall affirm the sentence imposed by the sentencing court.

(d)  Review of record.--In reviewing the record the appellate court shall have regard for:

(1)  The nature and circumstances of the offense and the history and characteristics of the defendant.

(2)  The opportunity of the sentencing court to observe the defendant, including any presentence investigation.

(3)  The findings upon which the sentence was based.

(4)  The guidelines promulgated by the commission.

(e)  Right to bail not enlarged.--Nothing in this chapter shall be construed to enlarge the defendant's right to bail pending appeal.

(f)  Limitation on additional appellate review.--No appeal of the discretionary aspects of the sentence shall be permitted beyond the appellate court that has initial jurisdiction for such appeals.

(g)  Implementing rules of court.--(Repealed).

42c9781v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

1980 Repeal.  Act 142 repealed subsec. (g).

Effective Date.  Section 218(b) of Act 142 of 1980 provided that the provisions of 18 Pa.C.S. § 1386 (redesignated by Act 142 as 42 Pa.C.S. § 9781) shall take effect upon the effective date of initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c). The initial sentencing guidelines, as revised, were adopted January 5, 1982, and became effective July 22, 1982.

Cross References.  Section 9781 is referred to in section 724 of this title.

42c9791h

 

 

SUBCHAPTER H

REGISTRATION OF SEXUAL OFFENDERS

 

Sec.

9791.  Legislative findings and declaration of policy (Expired).

9792.  Definitions (Expired).

9793.  Registration of certain offenders for ten years (Deleted by amendment).

9794.  Designation of sexually violent predators (Deleted by amendment).

9795.  Registration of offenders (Deleted by amendment).

9795.1. Registration (Expired).

9795.2. Registration procedures and applicability (Expired).

9795.3. Sentencing court information (Expired).

9795.4. Assessments (Expired).

9795.5. Exemption from certain notifications (Expired).

9796.  Verification of residence (Expired).

9797.  Victim notification (Expired).

9798.  Other notification (Expired).

9798.1. Information made available on the Internet and electronic notification (Expired).

9798.2. Administration (Expired).

9798.3. Global positioning system technology (Expired).

9799.  Immunity for good faith conduct (Expired).

9799.1. Duties of Pennsylvania State Police (Expired).

9799.2. Duties of Pennsylvania Board of Probation and Parole (Expired).

9799.3. Board (Expired).

9799.4. Counseling of sexually violent predators (Expired).

9799.5. Exemption from notification (Deleted by amendment).

9799.6. Applicability (Deleted by amendment).

9799.7. Exemption from notification for certain licensees and their employees (Expired).

9799.8. Annual performance audit (Expired).

9799.9. Photographs and fingerprinting (Expired).

9799.10. Purposes of subchapter.

9799.11. Legislative findings, declaration of policy and scope.

9799.12. Definitions.

9799.13. Applicability.

9799.14. Sexual offenses and tier system.

9799.15. Period of registration.

9799.16. Registry.

9799.17. Termination of period of registration for juvenile offenders.

9799.18. Information sharing.

9799.19. Initial registration.

9799.20. Duty to inform.

9799.21. Penalty.

9799.22. Enforcement.

9799.23. Court notification and classification requirements.

9799.24. Assessments.

9799.25. Verification by sexual offenders and Pennsylvania State Police.

9799.26. Victim notification.

9799.27. Other notification.

9799.28. Public Internet website.

9799.29. Administration.

9799.30. Global positioning system technology.

9799.31. Immunity for good faith conduct.

9799.32. Pennsylvania State Police and Department of Corrections.

9799.33. Duties of Department of Corrections and probation and parole officials.

9799.34. Duties of facilities housing sexual offenders.

9799.35. Board.

9799.36. Counseling of sexually violent predators.

9799.37. Exemption from notification for certain licensees and their employees.

9799.38. Annual performance audit.

9799.39. Photographs and fingerprinting.

9799.40. Duties of Pennsylvania Commission on Sentencing.

9799.41. Expiration.

9799.42. Standing for Pennsylvania State Police.

 

Enactment.  Subchapter H was added October 24, 1995, 1st Sp.Sess., P.L.1079, No.24, effective in 180 days, unless otherwise noted.

Reenactment.  Subchapter H was reenacted and amended May 10, 2000, P.L.74, No.18, effective in 60 days.

Special Provisions in Appendix.  See section 21 of Act 29 of 2018 in the appendix to this title for special provisions relating to applicability.

Cross References.  Subchapter H is referred to in sections 5920, 6302, 9799.55, 9799.63, 9799.67, 9802 of this title; sections 3130, 3141, 4915.1, 4915.2 of Title 18 (Crimes and Offenses); sections 2511, 6303, 6338.1, 6707 of Title 23 (Domestic Relations); section 2303 of Title 44 (Law and Justice); sections 3903, 4103, 4503, 4601, 6137, 6137.1, 6138, 6139, 6143 of Title 61 (Prisons and Parole).

42c9791s

§ 9791.  Legislative findings and declaration of policy (Expired).

42c9791v

 

2012 Expiration.  Section 9791 expired December 20, 2012. See Act 111 of 2011.

42c9792s

§ 9792.  Definitions (Expired).

42c9792v

 

2012 Expiration.  Section 9792 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9793s

§ 9793.  Registration of certain offenders for ten years (Deleted by amendment).

42c9793v

 

2000 Amendment.  Section 9793 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.

42c9794s

§ 9794.  Designation of sexually violent predators (Deleted by amendment).

42c9794v

 

2000 Amendment.  Section 9794 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.

42c9795s

§ 9795.  Registration of offenders (Deleted by amendment).

42c9795v

 

2000 Amendment.  Section 9795 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.

42c9795.1s

§ 9795.1.  Registration (Expired).

42c9795.1v

 

2012 Expiration.  Section 9795.1 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9795.2s

§ 9795.2.  Registration procedures and applicability (Expired).

42c9795.2v

 

2012 Expiration.  Section 9795.2 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9795.3s

§ 9795.3.  Sentencing court information (Expired).

42c9795.3v

 

2012 Expiration.  Section 9795.3 expired December 20, 2012. See Act 111 of 2011.

42c9795.4s

§ 9795.4.  Assessments (Expired).

42c9795.4v

 

2012 Expiration.  Section 9795.4 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9795.5s

§ 9795.5.  Exemption from certain notifications (Expired).

42c9795.5v

 

2012 Expiration.  Section 9795.5 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9796s

§ 9796.  Verification of residence (Expired).

42c9796v

 

2012 Expiration.  Section 9796 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9797s

§ 9797.  Victim notification (Expired).

42c9797v

 

2012 Expiration.  Section 9797 expired December 20, 2012. See Act 111 of 2011.

42c9798s

§ 9798.  Other notification (Expired).

42c9798v

 

2012 Expiration.  Section 9798 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9798.1s

§ 9798.1.  Information made available on the Internet and electronic notification (Expired).

42c9798.1v

 

2012 Expiration.  Section 9798.1 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9798.2s

§ 9798.2.  Administration (Expired).

42c9798.2v

 

2012 Expiration.  Section 9798.2 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9798.3s

§ 9798.3.  Global positioning system technology (Expired).

42c9798.3v

 

2012 Expiration.  Section 9798.3 expired December 20, 2012. See Act 111 of 2011.

42c9799s

§ 9799.  Immunity for good faith conduct (Expired).

42c9799v

 

2012 Expiration.  Section 9799 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9799.1s

§ 9799.1.  Duties of Pennsylvania State Police (Expired).

42c9799.1v

 

2012 Expiration.  Section 9799.1 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9799.2s

§ 9799.2.  Duties of Pennsylvania Board of Probation and Parole (Expired).

42c9799.2v

 

2012 Expiration.  Section 9799.2 expired December 20, 2012. See Act 111 of 2011.

42c9799.3s

§ 9799.3.  Board (Expired).

42c9799.3v

 

2012 Expiration.  Section 9799.3 expired December 20, 2012. See Act 111 of 2011.

42c9799.4s

§ 9799.4.  Counseling of sexually violent predators (Expired).

42c9799.4v

 

2012 Expiration.  Section 9799.4 expired December 20, 2012. See Act 111 of 2011.

42c9799.5s

§ 9799.5.  Exemption from notification (Deleted by amendment).

42c9799.5v

 

2000 Amendment.  Section 9799.5 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.

42c9799.6s

§ 9799.6.  Applicability (Deleted by amendment).

42c9799.6v

 

2000 Amendment.  Section 9799.6 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.

42c9799.7s

§ 9799.7.  Exemption from notification for certain licensees and their employees (Expired).

42c9799.7v

 

2012 Expiration.  Section 9799.7 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9799.8s

§ 9799.8.  Annual performance audit (Expired).

42c9799.8v

 

2012 Expiration.  Section 9799.8 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9799.9s

§ 9799.9.  Photographs and fingerprinting (Expired).

42c9799.9v

 

2012 Expiration.  Section 9799.9 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

42c9799.10s

§ 9799.10.  Purposes of subchapter.

This subchapter shall be interpreted and construed to effectuate the following purposes:

(1)  To bring the Commonwealth into substantial compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587).

(2)  To require individuals convicted or adjudicated delinquent of certain sexual offenses to register with the Pennsylvania State Police and to otherwise comply with this subchapter if those individuals reside within this Commonwealth, intend to reside within this Commonwealth, attend an educational institution within this Commonwealth or are employed or conduct volunteer work within this Commonwealth.

(3)  To require individuals convicted or adjudicated delinquent of certain sexual offenses who fail to maintain a residence and are therefore homeless but can still be found within the borders of this Commonwealth to register with the Pennsylvania State Police.

(4)  To require individuals who are subject to the criminal justice system of this Commonwealth as inmates, supervised with respect to probation or parole or registrants due to committing a sexually violent offense on or after December 20, 2012, for which the individual was convicted, to register with the Pennsylvania State Police and to otherwise comply with this subchapter. To the extent practicable and consistent with the requirements of the Adam Walsh Child Protection and Safety Act of 2006, this subchapter shall be construed to maintain existing procedures regarding registration of sexual offenders who are subject to the criminal justice system of this Commonwealth.

(5)  To provide a mechanism for members of the general public to obtain information about certain sexual offenders from a public Internet website and to include on that Internet website a feature which will allow a member of the public to enter a zip code or a geographic radius and determine whether a sexual offender resides within that zip code or radius.

(6)  To provide a mechanism for law enforcement entities within this Commonwealth to obtain information about certain sexual offenders and to allow law enforcement entities outside this Commonwealth, including those within the Federal Government, to obtain current information about certain sexual offenders.

42c9799.10v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.10 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended par. (4) and Act 29 reenacted par. (4). Section 20(1) of Act 10 provided that the amendment of section 9799.10 shall apply to an individual who commits an offense on or after December 20, 2012.

2012 Amendment.  Act 91 amended pars. (2) and (3).

2011 Amendment.  Act 111 added section 9799.10.

42c9799.11s

§ 9799.11.  Legislative findings, declaration of policy and scope.

(a)  Legislative findings.--The General Assembly finds as follows:

(1)  In 1995 the General Assembly enacted the act of October 24, 1995 (1st Sp.Sess. P.L.1079, No.24), commonly referred to as Megan's Law. Through this enactment, the General Assembly intended to comply with legislation enacted by Congress requiring that states provide for the registration of sexual offenders. The Federal statute, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (Public Law 103-322, 42 U.S.C. 14071 et seq.), has been superseded by the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587).

(2)  This Commonwealth's laws regarding registration of sexual offenders need to be strengthened. The Adam Walsh Child Protection and Safety Act of 2006 provides a mechanism for the Commonwealth to increase its regulation of sexual offenders in a manner which is nonpunitive but offers an increased measure of protection to the citizens of this Commonwealth.

(3)  If the public is provided adequate notice and information about sexual offenders, the community can develop constructive plans to prepare for the presence of sexual offenders in the community. This allows communities to meet with law enforcement to prepare and obtain information about the rights and responsibilities of the community and to provide education and counseling to residents, particularly children.

(4)  Sexual offenders pose a high risk of committing additional sexual offenses and protection of the public from this type of offender is a paramount governmental interest.

(5)  Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government.

(6)  Release of information about sexual offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.

(7)  Knowledge of whether a person is a sexual offender could be a significant factor in protecting oneself and one's family members, or those in care of a group or community organization, from recidivist acts by such offenders.

(8)  The technology afforded by the Internet and other modern electronic communication methods makes this information readily accessible to parents, minors and private entities, enabling them to undertake appropriate remedial precautions to prevent or avoid placing potential victims at risk.

(b)  Declaration of policy.--The General Assembly declares as follows:

(1)  It is the intention of the General Assembly to substantially comply with the Adam Walsh Child Protection and Safety Act of 2006 and to further protect the safety and general welfare of the citizens of this Commonwealth by providing for increased regulation of sexual offenders, specifically as that regulation relates to registration of sexual offenders and community notification about sexual offenders.

(2)  It is the policy of the Commonwealth to require the exchange of relevant information about sexual offenders among public agencies and officials and to authorize the release of necessary and relevant information about sexual offenders to members of the general public as a means of assuring public protection and shall not be construed as punitive.

(3)  It is the intention of the General Assembly to address the Pennsylvania Supreme Court's decision in Commonwealth v. Neiman, No.74 MAP 2011 (Pa. 2013), by amending this subchapter in the act of March 14, 2014 (P.L.41, No.19).

(4)  It is the intention of the General Assembly to address the Pennsylvania Supreme Court's decision in Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) and the Pennsylvania Superior Court's decision in Commonwealth v. Butler (2017 WL 4914155).

(c)  Scope.--This subchapter shall apply to individuals who committed a sexually violent offense on or after December 20, 2012, for which the individual was convicted.

42c9799.11v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; Mar. 14, 2014, P.L.41, No.19, eff. imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.11 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended the section heading and added subsecs. (b)(4) and (c) and Act 29 reenacted the section heading and subsecs. (b)(4) and (c). Section 20(1) of Act 10 provided that the amendment of section 9799.11 shall apply to an individual who commits an offense on or after December 20, 2012.

2014 Amendment.  Act 19 amended subsec. (b).

2011 Amendment.  Act 111 added section 9799.11.

References in Text.  The citation, Commonwealth v. Butler, (2017 WL 4914155), referred to in subsec. (b)(4), was incorrectly cited as Commonwealth v. Butler (2017 WL 3882445) in Acts 10 and 29 of 2018. The parallel citation is Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017).

42c9799.12s

§ 9799.12.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Approved registration site."  A site in this Commonwealth approved by the Pennsylvania State Police at which individuals subject to this subchapter may comply with this subchapter.

"Board."  The State Sexual Offenders Assessment Board.

"Common interest community."  Includes a cooperative, a condominium and a planned community where an individual by virtue of an ownership interest in any portion of real estate is or may become obligated by covenant, easement or agreement imposed upon the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the individual.

"Convicted."  Includes conviction by entry of plea of guilty or nolo contendere, conviction after trial or court martial and a finding of not guilty due to insanity or of guilty but mentally ill.

"Employed."  Includes a vocation or employment that is full time or part time for a period of time exceeding four days during a seven-day period or for an aggregate period of time exceeding 14 days during any calendar year, whether self-employed, volunteered, financially compensated, pursuant to a contract or for the purpose of governmental or educational benefit.

"Foreign country."  Includes Canada, the United Kingdom, Australia, New Zealand and a foreign country where the United States Department of State in the Country Reports on Human Rights Practices has concluded that an independent judiciary enforced the right to a fair trial in that country during the calendar year in which the individual's conviction occurred.

"IAFIS."  The Integrated Automated Fingerprint Identification System.

"Integrated Automated Fingerprint Identification System."    The national fingerprint and criminal history system maintained by the Federal Bureau of Investigation providing automated fingerprint search capabilities, latent searching capability, electronic image storage and electronic exchange of fingerprints and responses.

"Jurisdiction."  A state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands and a federally recognized Indian tribe as provided in section 127 of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16927).

"Juvenile offender."  One of the following:

(1)  An individual who was 14 years of age or older at the time the individual committed an offense which, if committed by an adult, would be classified as an offense under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent assault) or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 or 3125 and either:

(i)  is adjudicated delinquent for such offense on or after the effective date of this section; or

(ii)  has been adjudicated delinquent for such offense and on the effective date of this section is subject to the jurisdiction of the court on the basis of that adjudication of delinquency, including commitment to an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child).

(2)  An individual who, on or after the effective date of this paragraph, was 14 years of age or older at the time the individual committed an offense similar to an offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation or conspiracy to commit an offense similar to an offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the United States, another jurisdiction or a foreign country and was adjudicated delinquent for such an offense; or who was previously adjudicated delinquent for such an offense and, on the effective date of this paragraph, is subject to the jurisdiction of the court on the basis of that adjudication of delinquency.

(3)  An individual who, on or after the effective date of this paragraph, was required to register in a sexual offender registry in another jurisdiction or foreign country based upon an adjudication of delinquency.

The term does not include a sexually violent delinquent child.

"Mental abnormality."  A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

"Military offense."  An offense specified by the United States Secretary of Defense under 10 U.S.C. § 951 (relating to establishment; organization; administration).

"Minor."  Any individual under 18 years of age.

"Municipality."  A city, borough, incorporated town or township.

"NCIC."  The National Crime Information Center.

"Penetration."  Includes any penetration, however slight, of the genitals or anus or mouth of another person with a part of the person's body or a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

"Predatory."  An act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained or promoted, in whole or in part, in order to facilitate or support victimization.

"Registry."  The Statewide Registry of Sexual Offenders established in section 9799.16(a) (relating to registry).

"Residence."  A location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year. The term includes a residence which is mobile, including a houseboat, mobile home, trailer or recreational vehicle.

"Sexual offender."  An individual who has committed a sexually violent offense. The term includes a sexually violent predator.

"Sexually violent delinquent child."  As defined in section 6402 (relating to definitions) if the determination as a sexually violent delinquent child is based on an act of sexual violence, as defined in section 6402, committed on or after December 20, 2012, for which the child was adjudicated delinquent and determined to be in need of commitment for involuntary treatment as specified in Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons).

"Sexually violent offense."  An offense specified in section 9799.14 (relating to sexual offenses and tier system) as a Tier I, Tier II or Tier III sexual offense committed on or after December 20, 2012, for which the individual was convicted.

"Sexually violent predator."  An individual who committed a sexually violent offense on or after December 20, 2012, for which the individual was convicted, specified in:

(1)  section 9799.14(b)(1), (2), (3), (4), (5), (6), (8), (9) or (10) (relating to sexual offenses and tier system) or an attempt, conspiracy or solicitation to commit any offense under section 9799.14(b)(1), (2), (3), (4), (5), (6), (8), (9) or (10);

(2)  section 9799.14(c)(1), (1.1), (1.2), (1.3), (2), (3), (4), (5) or (6) or an attempt, conspiracy or solicitation to commit an offense under section 9799.14(c)(1), (1.1), (1.2), (1.3), (2), (3), (4), (5) or (6); or

(3)  section 9799.14(d)(1), (2), (3), (4), (5), (6), (7), (8) or (9) or an attempt, conspiracy or solicitation to commit an offense under section 9799.14(d)(1), (2), (3), (4), (5), (6), (7), (8) or (9)

who is determined to be a sexually violent predator under section 9799.24 (relating to assessments) due to a mental abnormality or personality disorder that makes the individual likely to engage in predatory sexually violent offenses. The term includes an individual determined to be a sexually violent predator or similar designation where the determination occurred in another jurisdiction, a foreign country or by court martial following a judicial or administrative determination pursuant to a process similar to that under section 9799.24 where the determination or designation is based on the commitment of a sexually violent offense on or after December 20, 2012, for which the individual was convicted.

"Student."  An individual who is enrolled in or attends a public or private educational institution within this Commonwealth on a full-time or part-time basis, including a secondary school, trade or professional institution or institution of higher education. The term does not include an individual enrolled in an educational institution exclusively through the Internet or via correspondence courses.

"Temporary lodging."  The specific location, including street address, where a sexual offender is staying when away from the sexual offender's residence for seven or more days.

"Tier I sexual offense."  An offense specified in section 9799.14(b) (relating to sexual offenses and tier system).

"Tier II sexual offense."  An offense specified in section 9799.14(c) (relating to sexual offenses and tier system).

"Tier III sexual offense."  An offense specified in section 9799.14(d) (relating to sexual offenses and tier system).

"Transient."  A sexual offender who does not have a residence but nevertheless resides in this Commonwealth in a temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park.

42c9799.12v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Mar. 14, 2014, P.L.41, No.19, eff. imd.; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.12 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended the defs. of "sexual offender," "sexually violent delinquent child," "sexually violent offense," "sexually violent predator" and "transient" and Act 29 reenacted the defs. of "sexual offender," "sexually violent delinquent child," "sexually violent offense," "sexually violent predator" and "transient." Section 20(1) of Act 10 provided that the amendment of section 9799.12 shall apply to an individual who commits an offense on or after December 20, 2012.

2014 Amendment.  Act 138 amended the defs. of "juvenile offender" and "sexually violent predator," retroactive to September 2, 2014, as to the def. of "sexually violent predator."

2012 Amendment.  Act 91 amended the defs. of "approved registration site," "convicted," "juvenile offender" and "sexually violent predator."

2011 Amendment.  Act 111 added section 9799.12.

Cross References.  Section 9799.12 is referred to in sections 9718.1, 9799.19 of this title; section 4915.1 of Title 18 (Crimes and Offenses); sections 6303, 6338.1 of Title 23 (Domestic Relations).

42c9799.13s

§ 9799.13.  Applicability.

The following individuals shall register with the Pennsylvania State Police as provided in sections 9799.15 (relating to period of registration), 9799.19 (relating to initial registration) and 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police) and otherwise comply with the provisions of this subchapter:

(1)  A sexual offender who has a residence within this Commonwealth or is a transient.

(1.1)  A sexual offender who is convicted in this Commonwealth and who does not have a residence in this Commonwealth and:

(i)  is employed in this Commonwealth; or

(ii)  is a student in this Commonwealth.

(1.2)  A sexual offender who does not have a residence within this Commonwealth or is not a transient in this Commonwealth and:

(i)  is employed in this Commonwealth; or

(ii)  is a student in this Commonwealth.

(2)  A sexual offender who is an inmate in a State or county correctional institution of this Commonwealth, including a community corrections center or a community contract facility, is being supervised by the Department of Corrections or county probation or parole, is subject to a sentence of intermediate punishment or restrictive conditions of probation or has supervision transferred pursuant to the Interstate Compact for Adult Supervision in accordance with section 9799.19(g).

(2.1)  A sexual offender who is an inmate in a Federal correctional institution or is supervised by Federal probation authorities and who:

(i)  has a residence within this Commonwealth or is a transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(3)  (Deleted by amendment).

(3.1)  (Deleted by amendment).

(3.2)  (Deleted by amendment).

(4)  (Deleted by amendment).

(5)  (Deleted by amendment).

(6)  (Deleted by amendment).

(7)  A sexual offender required to register in a sexual offender registry in another jurisdiction or in a foreign country based upon a conviction for a sexually violent offense or under a sexual offender statute in the jurisdiction where the individual is convicted and:

(i)  has a residence in this Commonwealth or is a transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(7.1)  An individual who, as a result of committing an offense set forth in section 9799.14(b)(23) (relating to sexual offenses and tier system) on or after December 20, 2012, for which the individual was convicted, is required to register in a sexual offender registry in another jurisdiction or foreign country and:

(i)  has a residence in this Commonwealth or is a transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(7.2)  A sexual offender who is convicted in another jurisdiction or foreign country, or is incarcerated or under supervision as a result of a conviction in another jurisdiction or foreign country and:

(i)  has a residence in this Commonwealth or is a transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(8)  An individual who, on or after December 20, 2012, is a juvenile offender who was adjudicated delinquent within this Commonwealth or was adjudicated delinquent in another jurisdiction or a foreign country and:

(i)  has a residence within this Commonwealth;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(8.1)  An individual who is a juvenile offender who is adjudicated delinquent in this Commonwealth on or after December 20, 2012, but who does not have a residence within this Commonwealth, is not a transient, is not employed in this Commonwealth or is not a student within this Commonwealth must register with the Pennsylvania State Police in accordance with section 9799.19 prior to leaving this Commonwealth.

(8.2)  An individual who between January 23, 2005, and December 19, 2012, established a residence or was a transient in this Commonwealth, was employed within this Commonwealth, or was a student in this Commonwealth, and who was required to register in a sexual offender registry as a result of an adjudication of delinquency for an offense which occurred in a foreign country or another jurisdiction and that required the individual to register in that foreign country or other jurisdiction.

(9)  An individual who is a sexually violent delinquent child.

42c9799.13v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Mar. 14, 2014, P.L.41, No.19, eff. imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended par. (2). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.13 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended section 9799.13 and Act 29 reenacted and amended section 9799.13. Act 29 overlooked the amendment by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.13. Section 20(1) of Act 10 provided that the amendment of section 9799.13 shall apply to an individual who commits an offense on or after December 20, 2012.

2014 Amendment.  Act 19 amended par. (3) and added pars. (3.1), (3.2) and (8.2), retroactive to December 20, 2012.

References in Text.  Section 16 of Act 111 of 2011 provided that any reference in any act or part of an act to section 9795.1, referred to in par. (4), shall be deemed a reference to section 9799.15 as if fully set forth in that act or part of that act.

Cross References.  Section 9799.13 is referred to in sections 9718.4, 9799.15, 9799.16, 9799.18, 9799.19, 9799.21, 9799.22, 9799.25, 9799.32, 9799.34, 9799.36, 9799.39 of this title; section 4915.1 of Title 18 (Crimes and Offenses).

42c9799.14s

§ 9799.14.  Sexual offenses and tier system.

(a)  Tier system established.--Sexual offenses shall be classified in a three-tiered system composed of Tier I sexual offenses, Tier II sexual offenses and Tier III sexual offenses.

(b)  Tier I sexual offenses.--The following offenses shall be classified as Tier I sexual offenses:

(1)  18 Pa.C.S. § 2902(b) (relating to unlawful restraint).

(2)  18 Pa.C.S. § 2903(b) (relating to false imprisonment).

(3)  18 Pa.C.S. § 2904 (relating to interference with custody of children), except in cases where the defendant is the child's parent, guardian or other lawful custodian.

(4)  18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).

(5)  18 Pa.C.S. § 3124.2(a) and (a.4)(1) (relating to institutional sexual assault).

(6)  18 Pa.C.S. § 3126(a)(1) (relating to indecent assault).

(7)  (Reserved).

(8)  18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors).

(9)  18 Pa.C.S. § 6312(d) (relating to sexual abuse of children).

(10)  18 Pa.C.S. § 7507.1. (relating to invasion of privacy).

(11)  18 U.S.C. § 1801 (relating to video voyeurism).

(12)  18 U.S.C. § 2252(a)(4) (relating to certain activities relating to material involving the sexual exploitation of minors).

(13)  18 U.S.C. § 2252A (relating to certain activities relating to material constituting or containing child pornography).

(14)  18 U.S.C. § 2252B (relating to misleading domain names on the Internet).

(15)  18 U.S.C. § 2252C (relating to misleading words or digital images on the Internet).

(16)  18 U.S.C. § 2422(a) (relating to coercion and enticement).

(17)  18 U.S.C. § 2423(b) (relating to transportation of minors).

(18)  18 U.S.C. § 2423(c).

(19)  18 U.S.C. § 2424 (relating to filing factual statement about alien individual).

(20)  18 U.S.C. § 2425 (relating to use of interstate facilities to transmit information about a minor).

(21)  A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.

(22)  An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20) or (21).

(23)  A conviction for a sexual offense in another jurisdiction or foreign country that is not set forth in this section, but nevertheless requires registration under a sexual offender statute in the jurisdiction or foreign country.

(c)  Tier II sexual offenses.--The following offenses shall be classified as Tier II sexual offenses:

(1)  18 Pa.C.S. § 3011(b) (relating to trafficking in individuals).

(1.1)  18 Pa.C.S. § 3122.1(a)(2) (relating to statutory sexual assault).

(1.2)  18 Pa.C.S. § 3124.2(a.2) and (a.3).

(1.3)  18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8).

(2)  18 Pa.C.S. § 5902(b.1) (relating to prostitution and related offenses).

(3)  18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) (relating to obscene and other sexual materials and performances).

(4)  18 Pa.C.S. § 6312(b) and (c).

(5)  18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

(6)  18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

(7)  18 U.S.C. § 1591 (relating to sex trafficking of children by force, fraud, or coercion).

(8)  18 U.S.C. § 2243 (relating to sexual abuse of a minor or ward).

(9)  18 U.S.C. § 2244 (relating to abusive sexual contact) where the victim is 13 years of age or older but under 18 years of age.

(10)  18 U.S.C. § 2251 (relating to sexual exploitation of children).

(11)  18 U.S.C. § 2251A (relating to selling or buying of children).

(12)  18 U.S.C. § 2252(a)(1), (2) or (3).

(13)  18 U.S.C. § 2260 (relating to production of sexually explicit depictions of a minor for importation into the United States).

(14)  18 U.S.C. § 2421 (relating to transportation generally).

(15)  18 U.S.C. § 2422(b).

(16)  18 U.S.C. § 2423(a).

(17)  A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.

(18)  An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (1.1), (1.2), (1.3), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or (17).

(d)  Tier III sexual offenses.--The following offenses shall be classified as Tier III sexual offenses:

(1)  18 Pa.C.S. § 2901(a.1) (relating to kidnapping).

(2)  18 Pa.C.S. § 3121 (relating to rape).

(3)  18 Pa.C.S. § 3122.1(b) (relating to statutory sexual assault).

(4)  18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

(5)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

(6)  18 Pa.C.S. § 3124.2(a.1) and (a.4)(2).

(7)  18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

(8)  18 Pa.C.S. § 3126(a)(7).

(9)  18 Pa.C.S. § 4302(b) (relating to incest).

(10)  18 U.S.C. § 2241 (relating to aggravated sexual abuse).

(11)  18 U.S.C. § 2242 (relating to sexual abuse).

(12)  18 U.S.C. § 2244 where the victim is under 13 years of age.

(13)  A comparable military offense or similar offense under the laws of another jurisdiction or country or under a former law of this Commonwealth.

(14)  An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (13).

(15)  (Reserved).

(16)  Two or more convictions of offenses listed as Tier I or Tier II sexual offenses.

(17)  One conviction of a sexually violent offense and one conviction of a sexually violent offense as defined in section 9799.55 (relating to registration).

42c9799.14v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Mar. 14, 2014, P.L.41, No.19, eff. imd.; July 2, 2014, P.L.945, No.105, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; July 23, 2020, P.L.641, No.63, eff. 60 days)

 

2020 Amendment.  Act 63 amended subsecs. (b)(5) and (d)(6).

2019 Unconstitutionality.  Section 9799.14 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsec. (b)(3) and added subsec. (d)(17) and Act 29 reenacted subsecs. (b)(3) and (d)(17). Section 20(1) of Act 10 provided that the amendment of section 9799.14 shall apply to an individual who commits an offense on or after December 20, 2012.

2014 Amendments.  Act 19 amended subsec. (c)(18), retroactive to December 20, 2012, and Act 105 amended subsec. (c).

2012 Amendment.  Act 91 amended subsecs. (b)(12) and (21), (c)(9), (12) and (17) and (d)(12), (13) and (15) and added subsec. (b)(23).

2011 Amendment.  Act 111 added section 9799.14.

Cross References.  Section 9799.14 is referred to in sections 9718.2, 9718.5, 9799.12, 9799.13, 9799.15 of this title; sections 9122.1, 9122.3 of Title 18 (Crimes and Offenses); sections 57A12, 57B02 of Title 53 (Municipalities Generally); section 2604.1 of Title 66 (Public Utilities).

42c9799.15s

§ 9799.15.  Period of registration.

(a)  Period of registration.--Subject to subsection (c), an individual specified in section 9799.13 (relating to applicability) shall register with the Pennsylvania State Police as follows:

(1)  An individual convicted of a Tier I sexual offense, except an offense set forth in section 9799.14(b)(23) (relating to sexual offenses and tier system), shall register for a period of 15 years.

(2)  An individual convicted of a Tier II sexual offense shall register for a period of 25 years.

(3)  An individual convicted of a Tier III sexual offense shall register for the life of the individual.

(4)  A juvenile offender who was adjudicated delinquent in this Commonwealth, or who was adjudicated delinquent in another jurisdiction or foreign country as a consequence of having committed an offense similar to an offense which would require the individual to register if the offense was committed in this Commonwealth, shall register for the life of the individual.

(4.1)  A juvenile offender who is required to register in a sexual offender registry in another jurisdiction or foreign country as a consequence of having been adjudicated delinquent for an offense similar to an offense which, if committed in this Commonwealth, would not require the individual to register shall register for a period of time equal to that required of the individual in the other jurisdiction or foreign country.

(5)  A sexually violent delinquent child shall register for the life of the individual.

(6)  A sexually violent predator shall register for the life of the individual.

(7)  An individual subject to registration under section 9799.13(7.1) shall register for the period of time equal to the time for which the individual was required to register in another jurisdiction or foreign country.

(a.1)  Credit for time on registry.--(Deleted by amendment).

(a.2)  Assessment by court after 25 years.--An individual required to register under subsection (a)(3), (5), (6) and (7) may be exempt from the requirement to register, the requirement to verify residence, employment and enrollment in an educational institution, the requirement to appear on the publicly accessible Internet website maintained by the Pennsylvania State Police and all other requirements of this subchapter if:

(1)  Subject to subsection (c), at least 25 years have elapsed prior to filing a petition with the sentencing court to be exempt from the requirements of this subchapter, during which time the petitioner has not been convicted in this Commonwealth or any other jurisdiction or foreign country of an offense punishable by imprisonment of more than one year, or the petitioner's release from custody following the petitioner's most recent conviction for an offense, whichever is later.

(2)  Upon receipt of a petition filed under paragraph (1), the sentencing court shall enter an order directing that the petitioner be assessed by the board. Upon receipt from the court of an order for an assessment under this subsection, a member of the board designated by the administrative officer of the board shall conduct an assessment of the petitioner to determine if the relief sought, if granted, is likely to pose a threat to the safety of any other person. The board shall establish standards for evaluations and for evaluators conducting assessments.

(3)  The order for an assessment under this subsection shall be sent to the administrative officer of the board within 10 days of the entry. No later than 90 days following receipt of the order, the board shall submit a written report containing the board's assessment to the sentencing court, the district attorney and the attorney for the petitioner.

(4)  Within 120 days of filing the petition under paragraph (1), the sentencing court shall hold a hearing to determine whether to exempt the petitioner from the application of any or all of the requirements of this subchapter. The petitioner and the district attorney shall be given notice of the hearing and an opportunity to be heard, the right to call witnesses and the right to cross-examine witnesses. The petitioner shall have the right to counsel and to have a lawyer appointed to represent the petitioner if the petitioner cannot afford one.

(5)  The sentencing court shall exempt the petitioner from application of any or all of the requirements of this subchapter, at the discretion of the court, only upon a finding of clear and convincing evidence that exempting the sexual offender from a particular requirement or all of the requirements of this subchapter is not likely to pose a threat to the safety of any other person.

(6)  A court granting relief under this subsection shall notify the Pennsylvania State Police in writing within 10 days from the date the relief is granted. If a memorandum of understanding has been entered into under section 9799.26 (relating to victim notification) with respect to relief granted to the petitioner, the Pennsylvania State Police shall transmit the information about the relief to the Office of Victim Advocate as soon as is practicable. The Office of Victim Advocate shall notify the victim of the relief, in accordance with the memorandum of understanding, as described in section 9799.26.

(7)  The petitioner and the Commonwealth shall have the right to appellate review of the actions of the sentencing court under this subsection. An appeal by the Commonwealth shall stay the order of the sentencing court.

(8)  The petitioner may file an additional petition with the sentencing court no sooner than five years from the date of the final determination of a court regarding the petition and no sooner than every five years thereafter.

(9)  If the petitioner is exempt from any provisions of this subchapter and the petitioner is subsequently convicted under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements), relief granted under this subsection shall be void and the petitioner shall automatically and immediately again be subject to the provisions of this subchapter, as previously determined by this subchapter.

(a.3)  Agency cooperation.--All State, county and local agencies, offices and entities in this Commonwealth, including juvenile probation officers, shall cooperate by providing access to records and information as requested by the board in connection with the court-ordered assessment under subsection (a.2).

(b)  Commencement of registration.--The following apply:

(1)  The period of registration set forth in subsection (a) shall commence as follows:

(i)  For an individual who committed a sexually violent offense in this Commonwealth, the period of registration shall commence upon:

(A)  release from incarceration in a State or county correctional facility, including release to a community correction center or community contract facility;

(B)  parole or a sentence of probation; or

(C)  a sentence of State or county intermediate punishment in which the person is not sentenced to a period of incarceration.

(ii)  For an individual who is a juvenile offender, the period of registration shall commence upon:

(A)  release from an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child), if the juvenile offender is, on or after December 20, 2012, subject to the jurisdiction of a court pursuant to a disposition entered under section 6352 and is under court-ordered placement in an institution or facility set forth in section 6352(a)(3); or

(B)  disposition, if the juvenile offender is, on or after December 20, 2012, subject to the jurisdiction of a court pursuant to a disposition entered under section 6352 and is placed on probation or is otherwise subject to jurisdiction of a court pursuant to a disposition under section 6352 that did not involve out-of-home placement.

(iii)  For a sexually violent delinquent child, the period of registration shall commence upon transfer to involuntary outpatient treatment pursuant to section 6404.1 (relating to transfer to involuntary outpatient treatment).

(iv)  For an individual who committed a sexually violent offense in another jurisdiction or foreign country or a comparable military offense, the period of registration shall commence upon establishment of a residence or commencement of employment or enrollment as a student within this Commonwealth. This subparagraph shall apply to an individual convicted of a sexually violent offense in another jurisdiction or foreign country or comparable military offense and who is a transient.

(2)  Notwithstanding the provisions of paragraph (1), an individual specified in section 9799.13 shall initially register with the Pennsylvania State Police as set forth in section 9799.19 (relating to initial registration).

(c)  Period of registration tolled.--The following shall apply:

(1)  The period of registration set forth in subsection (a) shall be tolled for the period of time in which the individual specified in section 9799.13 is:

(i)  incarcerated in a Federal, State or county correctional institution, excluding a community contract facility or community corrections center;

(ii)  subject to a sentence of intermediate punishment which is restrictive and where the individual is sentenced to a period of incarceration;

(iii)  committed to an institution or facility set forth in section 6352(a)(3) that provides the individual with 24-hour-per-day supervision and care;

(iv)  committed to and receiving involuntary inpatient treatment in the State-owned facility or unit set forth in Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons); or

(v)  incarcerated in a Federal correctional institution, excluding a community contract facility or community corrections center.

(2)  This subsection shall apply to an individual specified in section 9799.13 who is recommitted to a Federal, State or county correctional institution for a parole violation or who has been sentenced to an additional term of imprisonment. In addition, this subsection shall apply to an individual committed to or recommitted to a Federal correctional institution. In the case of recommitment to a State or county correctional institution, the Department of Corrections or the county correctional facility shall notify the Pennsylvania State Police of the admission of the individual.

(d)  Sexually violent predators.--An individual convicted of a Tier I sexual offense, a Tier II sexual offense or a Tier III sexual offense who is determined to be a sexually violent predator under section 9799.24 (relating to assessments) shall register for the life of the individual.

(e)  Periodic in-person appearance required.--Except as provided in subsection (f) and subject to subsections (g) and (h), an individual specified in section 9799.13 shall appear in person at an approved registration site to provide or verify the information set forth in section 9799.16(b) (relating to registry) and to be photographed as follows:

(1)  An individual convicted of a Tier I sexual offense shall appear annually.

(2)  An individual convicted of a Tier II sexual offense shall appear semiannually.

(3)  An individual convicted of a Tier III sexual offense shall appear quarterly.

(4)  An individual required to register pursuant to section 9799.13(7.1) shall appear annually.

(f)  Sexually violent predators.--A sexually violent predator shall appear in person at an approved registration site to:

(1)  provide or verify the information set forth in section 9799.16(b);

(2)  be photographed quarterly; and

(3)  state whether he is in compliance with section 9799.36 (relating to counseling of sexually violent predators).

(g)  In-person appearance to update information.--In addition to the periodic in-person appearance required in subsections (e), (f) and (h), an individual specified in section 9799.13 shall appear in person at an approved registration site within three business days to provide current information relating to:

(1)  A change in name, including an alias.

(2)  A commencement of residence, change in residence, termination of residence or failure to maintain a residence, thus making the individual a transient.

(3)  Commencement of employment, a change in the location or entity in which the individual is employed or a termination of employment.

(4)  Initial enrollment as a student, a change in enrollment as a student or termination as a student.

(5)  An addition and a change in telephone number, including a cell phone number, or a termination of telephone number, including a cell phone number.

(6)  An addition, a change in and termination of a motor vehicle owned or operated, including watercraft or aircraft. In order to fulfill the requirements of this paragraph, the individual must provide any license plate numbers and registration numbers and other identifiers and an addition to or change in the address of the place the vehicle is stored.

(7)  A commencement of temporary lodging, a change in temporary lodging or a termination of temporary lodging. In order to fulfill the requirements of this paragraph, the individual must provide the specific length of time and the dates during which the individual will be temporarily lodged.

(8)  An addition, change in or termination of e-mail address, instant message address or any other designations used in Internet communications or postings.

(9)  An addition, change in or termination of information related to occupational and professional licensing, including type of license held and license number.

(h)  Transients, juvenile offenders and sexually violent delinquent children.--If the individual specified in section 9799.13 is a transient, a juvenile offender or a sexually violent delinquent child, the following apply:

(1)  If the individual is a transient, the individual shall appear in person at an approved registration site to provide or to verify the information set forth in section 9799.16(b) and to be photographed monthly. The duty to appear in person monthly and to be photographed shall apply until a transient establishes a residence. In the event a transient establishes a residence, the requirement of periodic in-person appearances set forth in subsection (e) shall apply.

(2)  If the individual is a juvenile offender who is not a transient, the individual shall appear at an approved registration site to provide or verify the information set forth in section 9799.16(b) and to be photographed quarterly.

(3)  If the individual is a sexually violent delinquent child who is not a transient, the individual shall appear at an approved registration site to provide or verify the information set forth in section 9799.16(b) and to be photographed quarterly.

(i)  International travel.--In addition to the periodic in-person appearance required in subsection (e), an individual specified in section 9799.13 shall appear in person at an approved registration site no less than 21 days in advance of traveling outside of the United States. The individual shall provide the following information:

(1)  Dates of travel, including date of return to the United States.

(2)  Destinations.

(3)  Temporary lodging.

(j)  In-person reporting by incarcerated or committed individuals.--The requirements of subsections (e), (f), (g) and (h) do not apply where the individual specified in section 9799.13 is:

(1)  incarcerated in a correctional institution, excluding a community contract facility or community corrections center;

(2)  subject to a sentence of intermediate punishment which is restrictive and where the individual is sentenced to a period of incarceration;

(3)  committed to an institution or facility set forth in section 6352(a)(3) which provides the individual with 24-hour-per-day supervision and care; or

(4)  committed to and receiving involuntary inpatient treatment in the State-owned facility or unit set forth in Chapter 64.

42c9799.15v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Mar. 14, 2014, P.L.41, No.19, eff. imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.15 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsec. (b)(1)(i) and (iv), added subsec. (a.2) and deleted subsec. (a.1) and Act 29 reenacted and amended section 9799.15. Act 29 overlooked the amendment by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.15. Section 20(1) of Act 10 provided that the amendment of section 9799.15 shall apply to an individual who commits an offense on or after December 20, 2012.

2014 Amendment.  Act 19 added subsec. (a.1), retroactive to December 20, 2012.

2012 Amendment.  Act 91 amended subsecs. (a)(1), (4) and (7),  (c), (f), (g) and (h) and added subsecs. (a)(4.1) and (j).

2011 Amendment.  Act 111 added section 9799.15. Section 16 of Act 111 provided that any reference in any act or part of an act to section 9795.1 shall be deemed a reference to section 9799.15 as if fully set forth in that act or part of that act.

Cross References.  Section 9799.15 is referred to in sections 6404.2, 9718.4, 9799.13, 9799.16, 9799.17, 9799.18, 9799.19, 9799.21, 9799.22, 9799.23, 9799.25, 9799.26, 9799.28, 9799.42 of this title; section 4915.1 of Title 18 (Crimes and Offenses).

42c9799.16s

§ 9799.16.  Registry.

(a)  Establishment.--There is established a Statewide registry of sexual offenders in order to carry out the provisions of this subchapter. The Pennsylvania State Police shall create and maintain the registry. The registry shall maintain a complete and systematic index of all records required regarding sexual offenders in order to comply with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587). The registry shall:

(1)  Be composed of an electronic database and digitized records.

(2)  Be able to communicate with the Sex Offender Registration and Notification Act Exchange Portal developed by the United States Department of Justice, the National Sex Offender Registry or any successor database which is maintained by the Department of Justice and the Dru Sjodin National Sex Offender Public Internet Website maintained by the Department of Justice.

(3)  Be able to communicate with sexual offender registries established in other jurisdictions.

(4)  Contain information about individuals required to register with the Pennsylvania State Police under Subchapter I (relating to continued registration of sexual offenders).

(b)  Information provided by sexual offender.--An individual specified in section 9799.13 (relating to applicability) shall provide the following information which shall be included in the registry:

(1)  Primary or given name, including an alias used by the individual, nickname, pseudonym, ethnic or tribal name, regardless of the context used and any designations or monikers used for self-identification in Internet communications or postings.

(2)  Designation used by the individual for purposes of routing or self-identification in Internet communications or postings.

(3)  Telephone number, including cell phone number, and any other designation used by the individual for purposes of routing or self-identification in telephonic communications.

(4)  Valid Social Security number issued to the individual by the Federal Government and purported Social Security number.

(5)  Address of each residence or intended residence, whether or not the residence or intended residence is located within this Commonwealth and the location at which the individual receives mail, including a post office box. If the individual fails to maintain a residence and is therefore a transient, the individual shall provide information for the registry as set forth in paragraph (6).

(6)  If the individual is a transient, the individual shall provide information about the transient's temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park. In addition, the transient shall provide a list of places the transient eats, frequents and engages in leisure activities and any planned destinations, including those outside this Commonwealth. If the transient changes or adds to the places listed under this paragraph during a monthly period, the transient shall list these when registering as a transient during the next monthly period. In addition, the transient shall provide the place the transient receives mail, including a post office box. If the transient has been designated as a sexually violent predator, the transient shall state whether he is in compliance with section 9799.36 (relating to counseling of sexually violent predators). The duty to provide the information set forth in this paragraph shall apply until the transient establishes a residence. In the event a transient establishes a residence, the requirements of section 9799.15(e) (relating to period of registration) shall apply.

(7)  Temporary lodging. In order to fulfill the requirements of this paragraph, the individual must provide the specific length of time and the dates during which the individual will be temporarily lodged.

(8)  A passport and documents establishing immigration status, which shall be copied in a digitized format for inclusion in the registry.

(9)  Name and address where the individual is employed or will be employed. In order to fulfill the requirements of this paragraph, if the individual is not employed in a fixed workplace, the individual shall provide information regarding general travel routes and general areas where the individual works.

(10)  Information relating to occupational and professional licensing, including type of license held and the license number.

(11)  Name and address where the individual is a student or will be a student.

(12)  Information relating to motor vehicles owned or operated by the individual, including watercraft and aircraft. In order to fulfill the requirements of this paragraph, the individual shall provide a description of each motor vehicle, watercraft or aircraft. The individual shall provide a license plate number, registration number or other identification number and the address of the place where a vehicle is stored. In addition, the individual shall provide the individual's license to operate a motor vehicle or other identification card issued by the Commonwealth, another jurisdiction or a foreign country so that the Pennsylvania State Police can fulfill its responsibilities under subsection (c)(7).

(13)  Actual date of birth and purported date of birth.

(14)  Form signed by the individual acknowledging the individual's obligations under this subchapter provided in accordance with section 9799.23 (relating to court notification and classification requirements).

(c)  Criminal justice information.--The Pennsylvania State Police shall ensure that the following information is included in or electronically accessible by the registry:

(1)  Physical description of the individual, including a general physical description and tattoos, scars and other identifying marks.

(2)  Text of the statute defining the criminal offense for which the individual is registered.

(3)  Criminal history record information of the individual, including:

(i)  Dates of arrests and convictions.

(ii)  Status of probation, parole or supervised release.

(iii)  Whether the individual is in compliance with requirements regarding this subchapter or has absconded.

(iv)  Existence of any outstanding warrants.

(4)  Current photograph of the individual. In order to fulfill the requirements of this paragraph, in addition to the taking of photographs pursuant to section 9799.15(e), the Pennsylvania State Police shall ensure that additional photographs are taken as needed when there is a significant change in appearance of the individual, including the taking of a current photograph before the individual is released from a State or county correctional institution or an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) or discharged from the State-owned facility or unit set forth in Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons) due to:

(i)  the expiration of sentence, period of commitment or involuntary treatment;

(ii)  parole or other supervised release, including release to a community corrections center or a community contract facility;

(iii)  commencement of a sentence of intermediate punishment; or

(iv)  any other form of supervised release.

(5)  Set of fingerprints and palm prints of the individual. In order to fulfill the requirements of this paragraph, the palm prints shall be taken for the purpose of submission to the Federal Bureau of Investigation Central Database. The palm prints shall be submitted for entry into the database.

(6)  DNA sample of the individual. In order to fulfill the requirements of this paragraph, the sample shall be taken for the purpose of analysis and entry into the Combined DNA Index System (CODIS). In addition, the sample shall be analyzed and submitted for entry into CODIS.

(7)  Photocopy of valid driver's license or identification card issued to the individual by the Commonwealth, another jurisdiction or a foreign country.

(d)  Cooperation.--There shall be cooperation between the Pennsylvania State Police, State and county correctional institutions, the Pennsylvania Parole Board, the county office of probation and parole, any court with jurisdiction over a sexual offender, the chief juvenile probation officer of the court, juvenile probation and parole and the Department of Human Services to ensure that the information set forth in subsections (b) and (c) is provided and placed in the registry.

42c9799.16v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (d). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.16 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsec. (a) and Act 29 reenacted subsec. (a)(4). Section 20(1) of Act 10 provided that the amendment of section 9799.16 shall apply to an individual who commits an offense on or after December 20, 2012.

2012 Amendment.  Act 91 amended subsecs. (b)(5) and (6), (c) intro. par. and (d).

2011 Amendment.  Act 111 added section 9799.16.

Cross References.  Section 9799.16 is referred to in sections 9799.12, 9799.15, 9799.18, 9799.19, 9799.20, 9799.23, 9799.25 of this title; section 4915.1 of Title 18 (Crimes and Offenses).

42c9799.17s

§ 9799.17.  Termination of period of registration for juvenile offenders.

(a)  Juvenile offender.--An individual who is a juvenile offender, with the exception of a juvenile offender whose period of registration is determined by section 9799.15(a)(4.1) (relating to period of registration), shall have the requirement to register terminated if all of the following apply:

(1)  At least 25 years have elapsed since the individual was:

(i)  adjudicated delinquent for an offense which, if committed by an adult, would be classified as an offense under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent assault) or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 or 3125, excluding time spent under the supervision of the court, including commitment to an institution or facility set forth in section 6352(a)(3) (relating to deposition of delinquent child); or

(ii)  adjudicated delinquent for an offense in another jurisdiction or foreign country which is similar to that which if committed by an adult in this Commonwealth would be classified as an offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 or 3125.

(2)  For a period of 25 years prior to the filing of the petition, the individual has not been convicted of a subsequent sexually violent offense or a subsequent offense:

(i)  graded as a misdemeanor of the second degree or higher; or

(ii)  which is punishable by a term of imprisonment greater than one year.

(3)  The individual successfully completed court-ordered supervision without revocation.

(4)  The individual successfully completed a treatment program for sexual offenders recognized by the juvenile court in this Commonwealth or another jurisdiction or the United States Attorney General under section 115(b)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16915(b)(1)).

(b)  Procedure.--An individual who was adjudicated delinquent in this Commonwealth and who seeks to terminate the obligation to register pursuant to subsection (a) may petition the court of common pleas of the county in which the individual was adjudicated delinquent for termination. An individual who was adjudicated delinquent in another jurisdiction or foreign country may petition the court of common pleas in the county in which the individual has established a residence in this Commonwealth. The court shall:

(1)  Within 120 days of the filing of the petition under this subsection, hold a hearing to determine whether to terminate the obligation to register. The petitioner and the district attorney shall be given notice of the hearing and an opportunity to be heard, the right to call witnesses, the right to call expert witnesses and the right to cross-examine witnesses. The petitioner shall have the right to counsel and to have a lawyer appointed if the petitioner cannot afford one.

(2)  Terminate the obligation to register only upon a finding of clear and convincing evidence that the petitioner has satisfied the criteria in subsection (a) and that allowing the petitioner to terminate the obligation to register is not likely to pose a threat to the safety of any other person. The burden of proof shall be on the petitioner.

(c)  Notice.--A court granting relief under this section shall notify the Megan's Law Unit of the Pennsylvania State Police in writing within ten days from the date relief is granted.

(d)  Right to appeal.--The petitioner and the Commonwealth shall have the right to appellate review of the actions of the court taken under this section. An appeal by the Commonwealth shall stay the order of the court.

(e)  Prohibition.--This section shall not apply to an individual who:

(1)  Has been designated as a sexually violent predator.

(2)  Has been convicted of a sexually violent offense who is required to register for a period of 15 years or a period of 25 years.

(3)  Has been convicted of a sexually violent offense who is required to register for a period of life.

(4)  Is a sexually violent delinquent child.

42c9799.17v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

 

2019 Unconstitutionality.  Section 9799.17 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

Cross References.  Section 9799.17 is referred to in section 9799.23 of this title; section 6338.1 of Title 23 (Domestic Relations).

42c9799.18s

§ 9799.18.  Information sharing.

(a)  General rule.--The Pennsylvania State Police shall, within three business days, make available information provided by an individual set forth in section 9799.13 (relating to applicability) under sections 9799.15(g) and (i) (relating to period of registration), 9799.16(b) (relating to registry) and  9799.19 (relating to initial registration) to:

(1)  A jurisdiction in which the individual is required to register the individual's residence, employment or enrollment as a student.

(2)  A jurisdiction in which the individual has terminated the individual's residence, employment or enrollment as a student.

(3)  The United States Attorney General, the Department of Justice and the United States Marshals Service for inclusion in the National Sex Offender Registry, NCIC and any other database established by such Federal agencies.

(4)  The district attorney of the county in which the individual:

(i)  establishes a residence or terminates a residence, or is transient;

(ii)  commences employment or terminates employment; or

(iii)  enrolls as a student or terminates enrollment as a student.

(5)  The chief law enforcement officer of the police department of the municipality in which the individual:

(i)  establishes a residence or terminates a residence, or is transient;

(ii)  commences employment or terminates employment; or

(iii)  enrolls as a student or terminates enrollment as a student.

(6)  The county office of probation and parole for the county in which the individual:

(i)  establishes a residence or terminates a residence, or is transient;

(ii)  commences employment or terminates employment; or

(iii)  enrolls as a student or terminates enrollment as a student.

(b)  When sexual offender fails to appear.--When another jurisdiction notifies this Commonwealth that a sexual offender has terminated his residence, employment or enrollment as a student in that jurisdiction and intends to establish a residence in this Commonwealth, commence employment in this Commonwealth or commence enrollment as a student in this Commonwealth and that sexual offender fails to appear in this Commonwealth to register, the Pennsylvania State Police shall notify the other jurisdiction that the sexual offender failed to appear.

(c)  International residence.--The Pennsylvania State Police shall, within three business days, transfer information that a sexual offender intends to establish residence in another country to:

(1)  A jurisdiction in which the sexual offender is required to register residence, employment or enrollment as a student.

(2)  The United States Marshals Service.

(3)  The Department of Justice for inclusion in the National Sex Offender Registry and NCIC.

(d)  International travel.--The Pennsylvania State Police shall, within three business days, transfer information about international travel provided by the sexual offender under section 9799.15(i) to:

(1)  A jurisdiction in which the sexual offender is required to register the sexual offender's residence, as a transient, employment or enrollment as a student.

(2)  The United States Marshals Service.

(3)  The Department of Justice for inclusion in the National Sex Offender Registry and NCIC.

(e)  National Child Protection Act agencies.--The Pennsylvania State Police shall, within three business days, transfer such criminal history record information about a sexual offender in the registry necessary to enable an agency responsible for conducting employment-related background checks under section 3 of the National Child Protection Act of 1993 (Public Law 103-209, 42 U.S.C. 5119a) to conduct the background checks.

42c9799.18v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

 

2019 Unconstitutionality.  Section 9799.18 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2012 Amendment.  Act 91 amended subsecs. (a) intro. par., (4), (5) and (6) and (d)(1).

2011 Amendment.  Act 111 added section 9799.18.

Cross References.  Section 9799.18 is referred to in section 9799.32 of this title.

42c9799.19s

§ 9799.19.  Initial registration.

(a)  General rule.--An individual set forth in section 9799.13 (relating to applicability) shall initially register with the Pennsylvania State Police as set forth in this section.

(b)  Initial registration if incarcerated within Commonwealth or by Federal Court on effective date of section.--(Deleted by amendment).

(b.1)  Initial registration if sentenced to a county or State correctional facility on or after the effective date of section.--(Deleted by amendment).

(c)  Initial registration if sentenced to county intermediate punishment on effective date of section.--(Deleted by amendment).

(d)  Initial registration if sentenced to county intermediate punishment after effective date of section.--(Deleted by amendment).

(e)  Initial registration if sentenced to county probation on or after effective date of section.--(Deleted by amendment).

(e.1)  Initial registration for county or Federal probationers on the effective date of this section.--(Deleted by amendment).

(e.2)  Initial registration for county or State parolees on the effective date of this section.--(Deleted by amendment).

(f)  Initial registration if being supervised by Commonwealth under Interstate Compact for Adult Offender Supervision.--If an individual is in this Commonwealth and is being supervised by the Department of Corrections or the county office of probation and parole pursuant to the Interstate Compact for Adult Offender Supervision, the following apply:

(1)  If the individual is being supervised under the compact for committing a sexually violent offense which requires registration in another jurisdiction or foreign country whether or not the sexual offense is designated as a sexually violent offense, the individual shall provide the information set forth in section 9799.16(b) (relating to registry) to the appropriate official of the Department of Corrections or the county office of probation and parole for inclusion in the registry. The appropriate official shall collect the information set forth in section 9799.16(b) and forward the information to the Pennsylvania State Police. The appropriate official shall, in addition, ensure that the information set forth in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police. If the individual fails to provide the information in section 9799.16(b), the appropriate official of the Department of Corrections or county office of probation and parole shall notify the Pennsylvania State Police.

(2)  (Deleted by amendment).

(g)  Supervision of individual convicted in Commonwealth who does not intend to reside in Commonwealth.--An individual who committed a sexually violent offense within this Commonwealth who seeks transfer of supervision to another jurisdiction pursuant to the Interstate Compact for Adult Offender Supervision shall not have supervision transferred to another jurisdiction prior to the individual's registration with the Pennsylvania State Police as set forth in this section.

(h)  Initial registration of juvenile offender or sexually violent delinquent child.--

(1)  If the individual is a juvenile offender who is adjudicated delinquent by a court on or after December 20, 2012, the following apply:

(i)  The court shall require the individual to provide the information set forth in section 9799.16(b) to the chief juvenile probation officer of the court as follows:

(A)  Except as set forth in clause (B), at the time of disposition under section 6352 (relating to disposition of delinquent child).

(B)  At the time the individual is adjudicated delinquent under section 6341 (relating to adjudication) if:

(I)  the adjudication of delinquency occurs in any county other than the individual's county of residence; and

(II)  the court intends to transfer the individual's case for disposition to the individual's county of residence under section 6321(c) (relating to commencement of proceedings).

(ii)  The chief juvenile probation officer shall collect the information in section 9799.16(b) and (c) and forward it to the Pennsylvania State Police for inclusion in the registry as directed by the Pennsylvania State Police. If the juvenile offender is, under section 6352(a)(3), subject to court-ordered placement in an institution or facility which provides the juvenile with 24-hour-per-day supervision and care, the institution or facility shall ensure the information provided by the juvenile offender pursuant to section 9799.16(b) is updated to reflect accurate information prior to release. The institution or facility may not release the juvenile offender until it receives verification from the Pennsylvania State Police that the information required under section 9799.16(b) and (c) has been entered in the registry.

(2)  If, on December 20, 2012, the individual is a juvenile offender and is subject to the jurisdiction of the court pursuant to a disposition entered under section 6352 and is on probation or the individual is otherwise being supervised in the community, including placement in a foster family home or other residential setting which provides the individual with less than 24-hour-per-day supervision and care, the individual shall provide the information set forth in section 9799.16(b) to the chief juvenile probation officer of the court within 30 days of December 20, 2012. The chief juvenile probation officer shall collect the information set forth in section 9799.16(b) and (c) and forward it to the Pennsylvania State Police for inclusion in the registry, as directed by the Pennsylvania State Police.

(3)  If the individual is, on December 20, 2012, already a juvenile offender and is subject to the jurisdiction of a court pursuant to a disposition entered under section 6352 and is, under section 6352, subject to court-ordered placement in an institution or facility which provides the juvenile with 24-hour-per-day supervision and care, the director of the institution or facility or a designee shall make the juvenile offender available for and facilitate the collection of the information set forth in section 9799.16(b) and (c) as directed by the Pennsylvania State Police for inclusion in the registry. The Pennsylvania State Police may require the institution or facility to transport the juvenile offender to and from an approved registration site in order to fulfill the requirement of this paragraph. In order to fulfill the requirements of this paragraph, the chief juvenile probation officer of the court shall, within ten days of December 20, 2012, notify the director of the institution or facility and the Pennsylvania State Police that the juvenile offender is required to register under this subchapter. In addition, the institution or facility shall ensure that the information provided by the juvenile offender pursuant to section 9799.16(b) is updated to reflect accurate information prior to release. The juvenile offender may not be released until the institution or facility receives verification from the Pennsylvania State Police that the information required under section 9799.16(b) and (c) has been entered into the registry.

(4)  If the individual is, on December 20, 2012, already a sexually violent delinquent child and receiving involuntary treatment in the State-owned facility or unit under Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons), the director of the facility or unit or a designee shall make the sexually violent delinquent child available for and facilitate the collection of the information set forth in section 9799.16(b) and (c) as directed by the Pennsylvania State Police for inclusion in the registry. The Pennsylvania State Police may require the facility or unit to transport the sexually violent delinquent child to and from an approved registration site in order to fulfill the requirement of this paragraph. In addition, the facility or unit shall ensure that the information provided by the sexually violent delinquent child pursuant to section 9799.16(b) is updated to reflect accurate information prior to release. The facility or unit may not transfer the sexually violent child to outpatient treatment until it has received verification from the Pennsylvania State Police that it has received the information set forth in section 9799.16(b) and (c).

(5)  If the individual is, on or after December 20, 2012, determined by the court to be a sexually violent delinquent child and committed for involuntary treatment to the State-owned facility or unit under Chapter 64, the following apply:

(i)  The court shall require the individual to provide the information set forth in section 9799.16(b) to the chief juvenile probation officer of the court at the time of commitment. The chief juvenile probation officer shall collect and forward the information to the Pennsylvania State Police for inclusion in the registry. The chief juvenile probation officer shall, at the time of commitment, also ensure that the information set forth in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police for inclusion in the registry. The Pennsylvania State Police may require the facility or unit to transport the sexually violent delinquent child to and from an approved registration site in order to fulfill the requirement of initial registration at the time of commitment.

(ii)  The facility or unit shall ensure that the information provided by the sexually violent delinquent child pursuant to section 9799.16(b) is updated to reflect accurate information prior to transfer to involuntary outpatient treatment pursuant to section 6404.1 (relating to transfer to involuntary outpatient treatment) or discharge. The court may not transfer the sexually violent delinquent child to outpatient treatment or discharge the child from the facility or unit until it has received verification from the Pennsylvania State Police that the information required under section 9799.16(b) and (c) has been entered in the registry.

(i)  Initial registration if convicted or adjudicated delinquent outside Commonwealth.--

(1)  An individual subject to registration under section 9799.13(7), (7.1) or (7.2) shall appear in person at an approved registration site to provide the information set forth in section 9799.16(b) to the Pennsylvania State Police within three business days of establishing residence, commencing employment or commencing enrollment as a student within this Commonwealth. In addition, the individual shall comply with the other provisions of this subchapter, including section 9799.15 (relating to period of registration). If the individual fails to establish a residence but nevertheless resides in this Commonwealth, the individual shall register as a transient. The Pennsylvania State Police shall ensure that the information set forth in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(2)  If the individual is, on or after December 20, 2012, a juvenile offender as defined in paragraph (2) or (3) of the definition of "juvenile offender" in section 9799.12 (relating to definitions), the individual shall appear in person at an approved registration site to provide the information set forth in section 9799.16(b) to the Pennsylvania State Police within three business days of establishing residence, commencing employment or commencing enrollment as a student within this Commonwealth. In addition, the individual shall comply with the other provisions of this subchapter, including section 9799.15. If the individual fails to establish a residence but nevertheless resides in this Commonwealth, the individual shall register as a transient. The Pennsylvania State Police shall ensure that the information set forth in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(3)  If the individual is convicted of a sexually violent offense and incarcerated in a Federal correctional institution or being supervised by Federal probation authorities, the individual shall appear in person at an approved registration site to provide the information set forth in section 9799.16(b) to the Pennsylvania State Police within three business days of establishing residence, commencing employment or commencing enrollment as a student in this Commonwealth. In addition, the individual shall comply with other provisions of this subchapter, including section 9799.15. If the individual fails to establish a residence but nevertheless resides in this Commonwealth, the individual shall register as a transient. The Pennsylvania State Police shall ensure that the information set forth in section 9799.16(c) with respect to the individual is collected and entered into the registry.

(j)  Former law and registration.--(Deleted by amendment).

(k)  Registration if incarcerated within Commonwealth or by Federal court.--The following apply to an individual who committed a sexually violent offense:

(1)  If the individual is incarcerated in a Federal, State or county correctional facility, the individual shall provide the information specified in section 9799.16(b) to the appropriate official of the Federal, State or county correctional facility or the Department of Corrections for inclusion in the registry before being released due to:

(i)  the expiration of sentence, in which case the information shall be collected no later than 10 days prior to the maximum expiration date;

(ii)  parole;

(iii)  State or county intermediate punishment where the sentence is restrictive and the individual is sentenced to a period of incarceration in a State or county correctional facility or a work release facility; or

(iv)  special probation supervised by the Department of Corrections.

(2)  For individuals described in paragraph (1), the appropriate official of the Federal, State or county correctional facility or the Department of Corrections shall collect and forward the information specified in section 9799.16(b) to the Pennsylvania State Police. The appropriate official shall, in addition, ensure that the information specified in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police. The information specified in section 9799.16(b) and (c) shall be included in the registry. With respect to individuals released under paragraph (1)(ii), (iii) or (iv), the State or county correctional facility shall not release the individual until the State or county correctional facility receives verification from the Pennsylvania State Police that the Pennsylvania State Police has received the information specified in section 9799.16(b) and (c). Verification may take place by electronic means. With respect to individuals released under paragraph (1)(i), if the individual refuses to provide the information specified in section 9799.16(b), the State or county correctional facility shall notify the Pennsylvania State Police or the municipal police department with jurisdiction over the facility of the failure to provide the information and of the expected date, time and location of the release of the individual.

(l)  Registration if sentenced to a State or county correctional facility.--If the individual committed a sexually violent offense and is sentenced to a period of incarceration in a State or county correctional facility, the individual shall provide the information specified in section 9799.16(b) as follows:

(1)  At the time of sentencing, the court shall require the individual to immediately report to the office of probation and parole serving that county to register under this subchapter. The appropriate office of probation and parole shall collect the information specified in section 9799.16(b) from the individual and forward the information to the Pennsylvania State Police. The appropriate office of probation and parole shall, in addition, ensure the information specified in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police. The information specified in section 9799.16(b) and (c) shall be included in the registry.

(2)  If the individual is incarcerated in a State or county correctional facility, the correctional facility shall notify the Pennsylvania State Police, not more than 30 days in advance of, but not later than 10 days prior to, the individual's release from the correctional facility. The following apply:

(i)  The correctional facility shall ensure that the information specified in section 9799.16(b) and (c) for the individual has been submitted to the Pennsylvania State Police.

(ii)  If the information has not been submitted to the Pennsylvania State Police, the correctional facility shall collect the information specified in section 9799.16(b) from the individual and forward the information to the Pennsylvania State Police.

(iii)  The correctional facility shall also report any changes to the information specified in section 9799.16(b) and (c) on file with the Pennsylvania State Police.

(iv)  In the case of parole, State intermediate punishment, State drug treatment programs or restrictive conditions of probation where the sentence is restrictive and the individual is sentenced to a period of incarceration in a State or county correctional facility or work release facility or special probation supervised by the Department of Corrections, the correctional facility may not release the individual until the correctional facility receives verification from the Pennsylvania State Police that the Pennsylvania State Police has received the information specified in section 9799.16(b) and (c). Verification by the Pennsylvania State Police may occur by electronic means.

(v)  If the individual is scheduled to be released from a State or county correctional facility due to the expiration of sentence and the individual refuses to provide the information specified in section 9799.16(b), the State or county correctional facility shall notify the Pennsylvania State Police or the municipal police department with jurisdiction over the facility of the failure to provide the information and of the expected date, time and location of the release of the individual.

(m)  Registration if sentenced to county intermediate punishment.--If the individual committed a sexually violent offense and is sentenced to county intermediate punishment which is restorative where the individual is not sentenced to incarceration or to a work release facility, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as described in this subsection. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(n)  Registration if sentenced to county intermediate punishment.--If the individual committed a sexually violent offense and is sentenced to county intermediate punishment, the following apply:

(1)  If the individual is sentenced to county intermediate punishment which is restorative, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as specified in this paragraph. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(2)  If the individual is sentenced to county intermediate punishment which is restrictive where the individual is not sentenced to incarceration or to a work release facility, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as described in this paragraph. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(o)  Registration if sentenced to county probation.--If the individual committed a sexually violent offense and is sentenced to county probation, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as described in this subsection. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(p)  Registration for county or Federal probationers.--If the individual committed a sexually violent offense, the following apply:

(1)  If the individual is serving a sentence of county probation, the appropriate office of probation and parole serving the county shall register the individual within 48 hours. The appropriate official of that office shall collect the information specified in section 9799.16(b) and forward that information to the Pennsylvania State Police. The Pennsylvania State Police shall ensure that the information specified in section 9799.16(c) is collected. The information specified in section 9799.16(b) and (c) shall be included in the registry. If the individual fails to comply, the appropriate official of that office shall notify the Pennsylvania State Police.

(2)  If the individual is under the supervision of Federal probation authorities for a sexually violent offense, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of sentencing.

(q)  Registration for State or county parolees.--

(1)  If the individual committed a sexually violent offense and is serving a sentence of county parole, the appropriate office of probation and parole serving the county shall register the individual within 48 hours. The appropriate official of that office shall collect the information specified in section 9799.16(b) and forward that information to the Pennsylvania State Police. The Pennsylvania State Police shall ensure that the information specified in section 9799.16(c) is collected. The information specified in section 9799.16(b) and (c) shall be included in the registry. If the individual fails to comply, the appropriate official of that office shall notify the Pennsylvania State Police.

(2)  If the individual committed a sexually violent offense and is serving a sentence of State parole, the Department of Corrections shall register the individual within 48 hours. The appropriate official of the Department of Corrections shall collect the information specified in section 9799.16(b) from the individual and forward the information to the Pennsylvania State Police. The Pennsylvania State Police shall ensure that the information specified in section 9799.16(c) is collected. The information specified in section 9799.16(b) and (c) shall be included in the registry. If the individual fails to comply, the appropriate official of the Department of Corrections shall notify the Pennsylvania State Police.

42c9799.19v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsecs. (f), (k)(1) intro. par., (iv) and (2), (l)(2)(iv) and (q)(2). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.19 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsecs. (f), (g) and (i)(3), added subsecs. (k), (l), (m), (n), (o), (p) and (q) and deleted subsecs. (b), (b.1), (c), (d), (e), (e.1), (e.2) and (j) and Act 29 reenacted and amended section 9799.19. Act 29 overlooked the amendment by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.19. Section 20(1) of Act 10 provided that the amendment of section 9799.19 shall apply to an individual who commits an offense on or after December 20, 2012.

2012 Amendment.  Act 91 amended subsecs. (b), (b.1) intro. par., (h), (i) and (j) and added subsecs. (e.1) and (e.2).

2011 Amendment.  Act 111 added section 9799.19.

Cross References.  Section 9799.19 is referred to in sections 9799.13, 9799.15, 9799.18, 9799.20, 9799.21, 9799.22, 9799.23, 9799.25, 9799.26, 9799.33, 9799.34 of this title; section 4915.1 of Title 18 (Crimes and Offenses).

42c9799.20s

§ 9799.20.  Duty to inform.

In order to implement the provisions of section 9799.19 (relating to initial registration), as appropriate, the Pennsylvania State Police, the court having jurisdiction over the sexual offender, the chief juvenile probation officer of the court and the appropriate official of the Department of Corrections, county office of probation and parole, the Department of Human Services or a State or county correctional institution shall:

(1)  Inform the individual required to register of the individual's duties under this subchapter.

(2)  Require the individual to read and sign a form stating that the duty to register has been explained and that the individual understands the registration requirement.

(3)  Collect the information required under section 9799.16(b) and (c) (relating to registry) and forward the information to the Pennsylvania State Police for inclusion in the registry as set forth in this subchapter.

42c9799.20v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended the intro. par. Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.20 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2011 Amendment.  Act 111 added section 9799.20.

42c9799.21s

§ 9799.21.  Penalty.

(a)  Registration.--An individual set forth in section 9799.13 (relating to applicability) may be subject to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements) if the individual fails to:

(1)  register with the Pennsylvania State Police as set forth in section 9799.15 (relating to period of registration), 9799.19 (relating to initial registration) or 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police);

(2)  verify the information provided by the individual or be photographed as provided in sections 9799.15, 9799.19 and 9799.25; or

(3)  provide accurate information when registering under sections 9799.15, 9799.19 and 9799.25.

(b)  Counseling.--A sexually violent predator or sexually violent delinquent child may be subject to prosecution under 18 Pa.C.S. § 4915.1 if he fails to comply with section 9799.36 (relating to counseling of sexually violent predators).

42c9799.21v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

 

2019 Unconstitutionality.  Section 9799.21 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

Cross References.  Section 9799.21 is referred to in section 9799.22 of this title.

42c9799.22s

§ 9799.22.  Enforcement.

(a)  Failure to comply.--When an individual set forth in section 9799.13 (relating to applicability) fails to comply with section 9799.19 (relating to initial registration), 9799.21 (relating to penalty) or 9799.36 (relating to counseling of sexually violent predators), the Pennsylvania State Police shall either:

(1)  In cooperation with the district attorney, seek issuance of a warrant for the arrest of the individual and locate and arrest the individual for violating this section.

(2)  Notify the municipal police department where the individual has a residence, is transient, is employed or is enrolled as a student. The municipal police shall, in cooperation with the district attorney, seek issuance of a warrant for the arrest of the individual and locate and arrest the individual for violating this section. In municipalities where no municipal police department exists, the Pennsylvania State Police shall proceed under paragraph (1).

(b)  When individual cannot be found.--In the event the individual cannot be located, the following apply:

(1)  The Pennsylvania State Police shall enter information on the Internet website of sexual offenders and in the registry indicating that the individual cannot be located.

(2)  The Pennsylvania State Police shall provide information to the National Sex Offender Registry and NCIC to reflect that the individual cannot be located.

(3)  The Pennsylvania State Police shall notify the United States Marshals Service.

(4)  If a warrant is issued pursuant to this subsection, the police department executing the warrant shall provide information to the National Crime Information Center Wanted Person File to reflect that a warrant has been issued for the individual's arrest.

(c)  Notice from another jurisdiction.--When another jurisdiction notifies the Pennsylvania State Police that a sexual offender has terminated residence, employment or enrollment as a student in that jurisdiction and intends to establish a residence in this Commonwealth, commence employment in this Commonwealth or commence enrollment as a student in this Commonwealth and that sexual offender fails to appear in this Commonwealth to register as provided in section 9799.15 (relating to period of registration), the Pennsylvania State Police shall notify the other jurisdiction that the sexual offender failed to appear. This subsection also applies to a transient who fails to appear.

(d)  Duty to inform Pennsylvania State Police.--In order to implement this subchapter, the court with jurisdiction over the sexual offender, the chief juvenile probation officer of the court and the appropriate official of the Department of Corrections responsible for State parole supervision, the county office of probation and parole, the Department of Human Services or a State or county correctional institution shall inform the Pennsylvania State Police if the individual refuses to provide the information required by this subchapter so that the Pennsylvania State Police may comply with this section.

42c9799.22v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (d). See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.22 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

Cross References.  Section 9799.22 is referred to in sections 9799.25, 9799.32 of this title.

42c9799.23s

§ 9799.23.  Court notification and classification requirements.

(a)  Notice to sexual offenders.--At the time of sentencing, of disposition under section 6352 (relating to disposition of delinquent child) in the case of a juvenile offender, of adjudication of delinquency under section 6341 (relating to adjudication) in the case of a juvenile offender if the individual was adjudicated delinquent in any county other than the individual's county of residence and section 9799.19(h)(1)(i)(B) (relating to initial registration) applies, or of commitment under section 6403 (relating to court-ordered involuntary treatment) in the case of a sexually violent delinquent child, the court shall inform the sexual offender of the provisions of this subchapter. The court shall:

(1)  Specifically inform the sexual offender of the duty to register under this subchapter.

(2)  Specifically inform the sexual offender of:

(i)  the duty to register in accordance with sections 9799.15 (relating to period of registration), 9799.16(b) (relating to registry), 9799.19 and 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police); and

(ii)  the duty to attend counseling in accordance with:

(A)  section 9799.36 (relating to counseling of sexually violent predators) if applicable; or

(B)  section 6404.2(g) (relating to duration of outpatient commitment and review) if applicable.

(3)  Specifically inform the sexual offender of the duty to register with authorities in another jurisdiction within three business days of:

(i)  Commencement of residence, change of residence, termination of residence or failure to maintain a residence, thus making the sexual offender a transient.

(ii)  Commencement of employment, a change in the location or entity in which the sexual offender is employed or termination of employment.

(iii)  Commencement of enrollment as a student, a change in enrollment as a student or termination of enrollment as a student.

(4)  In accordance with section 9799.16(c), order that the fingerprints, palm prints, DNA sample and photograph of the sexual offender be provided to the Pennsylvania State Police upon sentencing.

(5)  Require the sexual offender to read and sign a form stating that the duty to register under this subchapter has been explained. If the sexual offender is incapable of speaking, reading or writing the English language, the court shall certify the duty to register was explained to the sexual offender, and the sexual offender indicated an understanding of the duty.

(6)  Specifically classify the individual as one of the following:

(i)  An individual convicted of a Tier I offense.

(ii)  An individual convicted of a Tier II offense.

(iii)  An individual convicted of a Tier III offense.

(iv)  A sexually violent predator.

(v)  A juvenile offender.

(vi)  A sexually violent delinquent child.

(b)  Mandatory registration.--All sexual offenders must register in accordance with this subchapter. The following apply:

(1)  Failure by the court to provide the information required in this section, to correctly inform a sexual offender of the sexual offender's obligations or to require a sexual offender to register shall not relieve the sexual offender from the requirements of this subchapter.

(2)  Except as provided in sections 9799.15(a.2) and 9799.17 (relating to termination of period of registration for juvenile offenders), the court shall have no authority to relieve a sexual offender from the duty to register under this subchapter or to modify the requirements of this subchapter as they relate to the sexual offender.

42c9799.23v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.23 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsec. (b)(2) and Act 29 reenacted subsec. (b)(2). Section 20(1) of Act 10 provided that the amendment of section 9799.23 shall apply to an individual who commits an offense on or after December 20, 2012.

2014 Amendment.  Act 138 amended subsec. (a).

2011 Amendment.  Act 111 added section 9799.23.

Cross References.  Section 9799.23 is referred to in sections 9799.16, 9799.40 of this title.

42c9799.24s

§ 9799.24.  Assessments.

(a)  Order for assessment.--After conviction but before sentencing, a court shall order an individual convicted of a sexually violent offense to be assessed by the board. The order for an assessment shall be sent to the executive director of the board within ten days of the date of conviction for the sexually violent offense.

(b)  Assessment.--Upon receipt from the court of an order for an assessment, a member of the board as designated by the executive director of the board shall conduct an assessment of the individual to determine if the individual should be classified as a sexually violent predator. The board shall establish standards for evaluations and for evaluators conducting the assessments. An assessment shall include, but not be limited to, an examination of the following:

(1)  Facts of the current offense, including:

(i)  Whether the offense involved multiple victims.

(ii)  Whether the individual exceeded the means necessary to achieve the offense.

(iii)  The nature of the sexual contact with the victim.

(iv)  Relationship of the individual to the victim.

(v)  Age of the victim.

(vi)  Whether the offense included a display of unusual cruelty by the individual during the commission of the crime.

(vii)  The mental capacity of the victim.

(2)  Prior offense history, including:

(i)  The individual's prior criminal record.

(ii)  Whether the individual completed any prior sentences.

(iii)  Whether the individual participated in available programs for sexual offenders.

(3)  Characteristics of the individual, including:

(i)  Age.

(ii)  Use of illegal drugs.

(iii)  Any mental illness, mental disability or mental abnormality.

(iv)  Behavioral characteristics that contribute to the individual's conduct.

(4)  Factors that are supported in a sexual offender assessment field as criteria reasonably related to the risk of reoffense.

(c)  Release of information.--All State, county and local agencies, offices and entities in this Commonwealth, including juvenile probation officers, shall cooperate by providing copies of records and information as requested by the board in connection with the court-ordered assessment and the assessment requested by the Pennsylvania Parole Board or the assessment of a delinquent child under section 6358 (relating to assessment of delinquent children by the State Sexual Offenders Assessment Board). For assessments of delinquent children conducted by the board pursuant to section 6358 from January 23, 2005, to December 19, 2012, all State, county and local agencies, offices and entities, including juvenile probation officers, are subject to the release of information requirements set forth in this subsection.

(d)  Submission of report by board.--The board shall have 90 days from the date of conviction of the individual to submit a written report containing its assessment to the district attorney.

(d.1)  Summary of offense.--The board shall prepare a description of the offense or offenses that trigger the application of this subchapter to include, but not be limited to:

(1)  A concise narrative of the individual's conduct.

(2)  Whether the victim was a minor.

(3)  The manner of weapon or physical force used or threatened.

(4)  If the offense involved unauthorized entry into a room or vehicle occupied by the victim.

(5)  If the offense was part of a course or pattern of conduct involving multiple incidents or victims.

(6)  Previous instances in which the individual was determined guilty of an offense subject to this subchapter or of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses).

(e)  Hearing.--

(1)  A hearing to determine whether the individual is a sexually violent predator shall be scheduled upon the praecipe filed by the district attorney. The district attorney upon filing a praecipe shall serve a copy of the praecipe upon defense counsel together with a copy of the report of the board.

(2)  The individual and district attorney shall be given notice of the hearing and an opportunity to be heard, the right to call witnesses, the right to call expert witnesses and the right to cross-examine witnesses. In addition, the individual shall have the right to counsel and to have an attorney appointed to represent the individual if the individual cannot afford one. If the individual requests another expert assessment, the individual shall provide a copy of the expert assessment to the district attorney prior to the hearing.

(3)  At the hearing prior to sentencing, the court shall determine whether the Commonwealth has proved by clear and convincing evidence that the individual is a sexually violent predator.

(4)  A copy of the order containing the determination of the court shall be immediately submitted to the individual, the district attorney, the Pennsylvania Parole Board, the Department of Corrections, the board and the Pennsylvania State Police.

(f)  Presentence investigation.--In all cases where the board has performed an assessment under this section, copies of the report shall be provided to the agency preparing the presentence investigation.

(g)  Parole assessment.--The Pennsylvania Parole Board may request of the board that an assessment of a sexual offender be conducted and that a report be provided to the Pennsylvania Parole Board prior to considering a sexual offender for parole.

(h)  Delinquent children.--The probation officer shall notify the board 90 days prior to the 20th birthday of the child of the status of the delinquent child who is committed to an institution or other facility pursuant to section 6352 (relating to disposition of delinquent child) after having been found delinquent for an act of sexual violence that if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest), together with the location of the facility where the child is committed. The board shall conduct an assessment of the child, which shall include the board's determination of whether or not the child is in need of commitment due to a mental abnormality as defined in section 6402 (relating to definitions) or a personality disorder, either of which results in serious difficulty in controlling sexually violent behavior, and provide a report to the court within the time frames set forth in section 6358(c). The probation officer shall assist the board in obtaining access to the child and any records or information as requested by the board in connection with the assessment. The assessment shall be conducted under subsection (b).

42c9799.24v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; Mar. 14, 2014, P.L.41, No.19, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsecs. (a), (b) intro. par., (c), (e)(4) and (g). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.24 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2011 Amendment.  Act 111 added section 9799.24.

Cross References.  Section 9799.24 is referred to in sections 9799.12, 9799.15 of this title; section 6303 of Title 23 (Domestic Relations).

42c9799.25s

§ 9799.25.  Verification by sexual offenders and Pennsylvania State Police.

(a)  Periodic verification.--Except for initial registration as provided in section 9799.19 (relating to initial registration) and in accordance with section 9799.15(a)  (relating to period of registration), sexual offenders shall verify the information provided in section 9799.16(b) (relating to registry) and be photographed as follows:

(1)  An individual convicted of a Tier I sexual offense shall appear in person at an approved registration site annually.

(2)  An individual convicted of a Tier II sexual offense shall appear in person at an approved registration site semiannually.

(3)  An individual convicted of a Tier III sexual offense shall appear in person at an approved registration site quarterly.

(4)  An individual designated as a sexually violent predator shall appear in person at an approved registration site quarterly.

(5)  A juvenile offender shall appear in person at an approved registration site quarterly.

(6)  A sexually violent delinquent child shall appear in person at an approved registration site quarterly.

(7)  A transient shall appear in person at an approved registration site monthly.

(8)  An individual required to register under section 9799.13(7.1) (relating to applicability) shall annually appear in person at an approved registration site.

(a.1)  Alternate requirements regarding verification.--The following apply to an individual required to appear in person under subsection (a)(2) or (3):

(1)  If the individual has been in compliance with the requirements of this subchapter for the first three years of the individual's period of registration and, during the same three-year period, the individual has not been convicted in this Commonwealth or any other jurisdiction or foreign country of an offense punishable by imprisonment of more than one year, the individual shall appear at an approved registration site annually. The individual shall appear within 10 days before the date designated by the Pennsylvania State Police to verify information in section 9799.16(b) and be photographed.

(2)  The other appearances required of the individual under this section may be completed by contacting the Pennsylvania State Police by telephone at a telephone number designated by the Pennsylvania State Police. The individual shall call the Pennsylvania State Police within three business days of the date designated by the Pennsylvania State Police.

(3)  If the individual fails to comply with the provisions of this subsection and the individual is subsequently convicted under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements), any relief granted under this subsection shall be void, and the petitioner shall automatically and immediately again be subject to the provisions of this subchapter, as previously determined by this subchapter.

(a.2)  Telephonic verification system.--The Pennsylvania State Police shall develop a mechanism to permit individuals to utilize the telephonic verification system established in this section. No individual may utilize the telephonic verification system until the Pennsylvania State Police publishes notice in the Pennsylvania Bulletin that the system is operational.

(b)  Deadline.--The following apply:

(1)  A sexual offender shall appear as required under subsection (a) within ten days before the date designated by the Pennsylvania State Police. Failure to appear within ten days may subject the sexual offender to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements).

(2)  In the case of a sexual offender who fails to appear in person or telephonically as required under this section, the Pennsylvania State Police shall notify the municipal police department where the sexual offender has a residence, is employed or is enrolled as a student. The municipal police shall locate the sexual offender and arrest the sexual offender for violating this section. A municipal police department may request assistance locating or arresting a sexual offender from the Pennsylvania State Police. In municipalities where no municipal police department exists, the Pennsylvania State Police shall locate the offender and arrest the sexual offender for violating this section.

(3)  In the case of a sexual offender who fails to appear in person or telephonically as required under this section, the Pennsylvania State Police shall notify the United States Marshals Service in accordance with section 9799.22(b)(3) (relating to enforcement).

(c)  Facilitation of verification.--The Pennsylvania State Police shall administer and facilitate the process of verification of information, including compliance with counseling in the case of sexually violent predators and sexually violent delinquent children, and photographing the sexual offender by:

(1)  Sending a notice by first class United States mail to each sexual offender at the last reported location where the offender receives mail. The notice shall be sent not more than 30 days nor less than 15 days prior to the date a sexual offender is required to appear pursuant to subsection (a) or (a.1). The notice shall remind the sexual offender of the sexual offender's responsibilities under this subchapter, including counseling in the case of sexually violent predators and sexually violent delinquent children, and provide a list of approved registration sites and the telephone number to contact the Pennsylvania State Police under subsection (a.1).

(2)  Providing verification and compliance forms as necessary at each approved registration site.

(d)  Effect of notice.--Failure to send or receive notice of information under this section shall not relieve the sexual offender from the requirements of this subchapter.

(e)  Natural disaster.--The occurrence of a natural disaster or other event requiring evacuation of residences shall not relieve the sexual offender of the duty to register or any other duty imposed by this subchapter.

(f)  Residents in group-based homes.--

(1)  A group-based home may not provide concurrent residence in the group-based home to more than five individuals in total who are required to register under this subchapter and Subchapter I (relating to continued registration of sexual offenders) as sexually violent predators.

(2)  A group-based home that violates paragraph (1) shall be subject to a civil penalty in the amount of $2,500 for a first violation and in the amount of $5,000 for a second or subsequent violation.

(3)  The Pennsylvania State Police or local law enforcement agency of jurisdiction shall investigate compliance with this subsection, and the Attorney General or district attorney may commence a civil action in the court of common pleas of the county in which a group-based home is located to impose and collect from the group-based home the penalty under paragraph (2).

(4)  As used in this subsection, the term "group-based home" has the meaning given to it in 61 Pa.C.S. § 5007(c) (relating to certain offenders residing in group-based homes).

42c9799.25v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (f)(4).

2019 Unconstitutionality.  Section 9799.25 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsecs. (b)(2) and (3), (c)(1) and (f)(1) and added subsecs. (a.1) and (a.2) and Act 29 reenacted subsecs. (a.1), (a.2), (b)(2) and (3), (c)(1) and (f)(1). Section 20(1) of Act 10 provided that the amendment of section 9799.25 shall apply to an individual who commits an offense on or after December 20, 2012. Section 21 of Act 10 provided that the amendment of subsec. (f) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency. Section 22 of Act 29 provided that the reenactment of subsec. (f) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency.

2012 Amendment.  Act 91 amended subsecs. (b)(1) and (c) intro. par. and (1).

2011 Amendment.  Act 111 added section 9799.25.

Cross References.  Section 9799.25 is referred to in sections 9799.13, 9799.21, 9799.23, 9799.32 of this title; section 4915.1 of Title 18 (Crimes and Offenses).

42c9799.26s

§ 9799.26.  Victim notification.

(a)  Duty to inform victim.--

(1)  If an individual is determined to be a sexually violent predator or a sexually violent delinquent child, the municipal police department or the Pennsylvania State Police, if no municipal police jurisdiction exists, shall give written notice to the victim when the sexually violent predator or the sexually violent delinquent child registers initially under section 9799.19 (relating to initial registration) or under section 9799.15(g)(2), (3) or (4) (relating to period of registration). The notice shall be given within 72 hours after the sexually violent predator or the sexually violent delinquent child registers or notifies the Pennsylvania State Police of current information under section 9799.15(g). The notice shall contain the following information about the sexually violent predator or sexually violent delinquent child:

(i)  Name.

(ii)  Residence. This subparagraph includes whether the sexually violent predator or sexually violent delinquent child is a transient, in which case the notice shall contain information about the transient's temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park. In addition, the notice shall contain a list of places the transient eats, frequents and engages in leisure activities.

(iii)  The address of employment.

(iv)  The address where the sexually violent predator or sexually violent delinquent child is enrolled as a student.

(2)  A victim may terminate the duty to inform set forth in paragraph (1) by providing the local municipal police department or the Pennsylvania State Police, if no local municipal police department exists, with a written statement releasing that agency from the duty to comply with this section as it pertains to that victim.

(b)  Individual not determined to be sexually violent predator or sexually violent delinquent child.--If an individual is not determined to be a sexually violent predator or a sexually violent delinquent child, the victim shall be notified in accordance with section 201 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(c)  Electronic notification option.--In addition to subsections (a) and (b), the Pennsylvania State Police shall develop and implement a system that allows a victim to receive electronic notification instead of the notification in subsections (a) and (b) when a sexual offender provides current information to the Pennsylvania State Police under subsection (a).

(d)  Alternate means of notifying victims.--

(1)  The Pennsylvania State Police may enter into a memorandum of understanding with the Office of Victim Advocate to assist the Pennsylvania State Police in notifying victims and providing the information under subsection (a). In addition, the memorandum of understanding may also include the Office of Victim Advocate's notifying a victim of relief granted to a petitioner under section 9799.15(a.2). The memorandum of understanding must state the manner and method of notifying victims and the duties of the Pennsylvania State Police and the Office of Victim Advocate under this section and section 9799.15(a.2). A memorandum of understanding entered into under this subsection shall be valid for no more than 10 years. There shall be no limit to the number of memoranda of understanding which may be executed by the Pennsylvania State Police and the Office of Victim Advocate under this subsection.

(2)  As used in this subsection, the term "Office of Victim Advocate" shall mean the office established under section 301 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

42c9799.26v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.26 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsec. (a)(1) and added subsec. (d) and Act 29 reenacted subsecs. (a)(1) and (d). Section 20(1) of Act 10 provided that the amendment of section 9799.26 shall apply to an individual who commits an offense on or after December 20, 2012.

2012 Amendment.  Act 91 amended subsec. (a)(1)(ii) and carried without amendment subsec. (a)(1)(i).

2011 Amendment.  Act 111 added section 9799.26.

Cross References.  Section 9799.26 is referred to in section 9799.15 of this title.

42c9799.27s

§ 9799.27.  Other notification.

(a)  Notice.--Notwithstanding the provisions of Chapter 63 (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the chief law enforcement officer of the police department of the municipality where a sexually violent predator or sexually violent delinquent child lives or, in the case of a sexually violent predator or sexually violent delinquent child failing to establish a residence and being a transient, the chief law enforcement officer of the police department of the transient's last known habitat, shall be responsible for providing written notice as required under this section. The notice shall contain:

(1)  The name of the individual.

(2)  The address of the residence of the individual. If the individual is a transient, written notice under this paragraph shall consist of information about the transient's temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park, and a list of the places the transient eats, frequents and engages in leisure activities.

(3)  The offense for which the individual was convicted, sentenced by a court, adjudicated delinquent or court martialed.

(4)  A statement that the individual has been determined to be a sexually violent predator or sexually violent delinquent child, which determination has or has not been terminated as of a date certain.

(5)  A photograph of the sexually violent predator or sexually violent delinquent child.

The notice shall not include any information that might reveal the victim's name, identity and residence.

(b)  To whom written notice is provided.--The chief law enforcement officer shall provide written notice under subsection (a) to the following persons:

(1)  Neighbors of the sexually violent predator or sexually violent delinquent child. As used in this paragraph:

(i)  In the case of a sexually violent predator or sexually violent delinquent child being a transient, "neighbor" includes residents in the area of the transient's last known temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park.

(ii)  Where the sexually violent predator lives in a common interest community, the term "neighbor" includes the unit owners' association and residents of the common interest community.

(2)  The director of the county children and youth agency of the county where the sexually violent predator or sexually violent delinquent child has a residence or, in the case of a sexually violent predator or sexually violent delinquent child failing to establish a residence and being a transient, the director of the county children and youth agency of the county of the sexually violent predator's or sexually violent delinquent child's last known temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park.

(3)  The superintendent of each school district and the equivalent official for each private and parochial school enrolling students up through grade 12 in the municipality where the sexually violent predator or sexually violent delinquent child has a residence or, in the case of a sexually violent predator or sexually violent delinquent child failing to establish a residence and being a transient, the superintendent of each school district and the equivalent official for private and parochial schools enrolling students up through grade 12 in the municipality of the sexually violent predator's or sexually violent delinquent child's last known temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park.

(4)  The superintendent of each school district and the equivalent official for each private and parochial school located within a one-mile radius of where the sexually violent predator or sexually violent delinquent child has a residence or, in the case of a sexually violent predator or sexually violent delinquent child failing to establish a residence and being a transient, the superintendent of each school district and the equivalent official for each private and parochial school within a one-mile radius of the sexually violent predator's or sexually violent delinquent child's last known temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park.

(5)  The licensee of each certified day-care center and licensed preschool program and owner or operator of each registered family day-care home in the municipality where the sexually violent predator or sexually violent delinquent child has a residence or, in the case of a sexually violent predator or sexually violent delinquent child failing to establish a residence and being a transient, the licensee of each certified day-care center and licensed preschool program and owner or operator of each registered family day-care home in the municipality of the sexually violent predator's or sexually violent delinquent child's last known temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park.

(6)  The president of each college, university and community college located within 1,000 feet of where the sexually violent predator or sexually violent delinquent child has a residence or, in the case of a sexually violent predator or sexually violent delinquent child failing to establish a residence and being a transient, the president of each college, university and community college located within 1,000 feet of the sexually violent predator's or sexually violent delinquent child's last known temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park.

(c)  Notification time frames.--The municipal police department's chief law enforcement officer shall provide notice within the following time frames:

(1)  To neighbors, notice shall be provided within five days after information of the sexually violent predator's or sexually violent delinquent child's release date and residence has been received by the chief law enforcement officer. Notwithstanding the provisions of subsections (a) and (b), verbal notification may be used if written notification would delay meeting the requirement of this paragraph.

(2)  To the persons specified in subsection (b)(2), (3), (4), (5) and (6), notice shall be provided within seven days after the chief law enforcement officer receives information regarding the sexually violent predator's or sexually violent delinquent child's release date and residence.

(d)  Public notice.--Information provided in accordance with subsection (a) shall be available to the general public upon request. The information may be provided by electronic means.

42c9799.27v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

 

2019 Unconstitutionality.  Section 9799.27 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2012 Amendment.  Act 91 amended subsecs. (a)(2) and (b) and carried without amendment subsec. (a) last sentence.

2011 Amendment.  Act 111 added section 9799.27.

Cross References.  Section 9799.27 is referred to in sections 9799.31, 9799.32 of this title.

42c9799.28s

§ 9799.28.  Public Internet website.

(a)  Information to be made available through Internet.--The Pennsylvania State Police shall, in the manner and form directed by the Governor:

(1)  Develop and maintain a system for making information about individuals convicted of a sexually violent offense, sexually violent predators and sexually violent delinquent children publicly available by electronic means via an Internet website. In order to fulfill its duties under this section, the Pennsylvania State Police shall ensure that the Internet website:

(i)  Contains a feature to permit a member of the public to obtain relevant information for an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child by a query of the Internet website based on search criteria including searches for any given zip code or geographic radius set by the user.

(ii)  Contains a feature to allow a member of the public to receive electronic notification when an individual convicted of a sexually violent offense, sexually violent predator or sexually violent delinquent child provides information under section 9799.15(g)(2), (3) or (4) (relating to period of registration). This feature shall also allow a member of the public to receive electronic notification when the individual convicted of a sexually violent offense, sexually violent predator or sexually violent delinquent child moves into or out of a geographic area chosen by the user.

(iii)  Includes in its design all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Internet Website. The Pennsylvania State Police shall ensure that the website is able to participate in the Dru Sjodin National Sex Offender Public Internet Website as the United States Attorney General may direct.

(iv)  Is updated within three business days with the information required.

(2)  Include on the Internet website the following:

(i)  Instructions on how to seek correction of information that an individual contends is erroneous.

(ii)  A warning that the information on the Internet website should not be used to unlawfully injure, harass or commit a crime against an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child and that any such action could result in criminal or civil penalties.

(3)  Include on the Internet website an explanation of its limitations, including statements advising that:

(i)  A positive identification of an individual convicted of a sexually violent offense, sexually violent predator or sexually violent delinquent child may be confirmed only by fingerprints.

(ii)  Some information contained on the Internet website may be outdated or inaccurate.

(iii)  The Internet website is not a comprehensive listing of every person who has ever committed a sexual offense in Pennsylvania.

(4)  Strive to ensure that the information contained on the Internet website is accurate and that the data therein is revised and updated as provided in paragraph (1)(iv).

(5)  Provide on the Internet website general information designed to inform and educate the public about sexual offenders and the operation of this subchapter as well as pertinent and appropriate information concerning crime prevention and personal safety, with appropriate links to other relevant Internet websites operated by the Commonwealth.

(b)  Required information.--Notwithstanding Chapter 63 (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the Internet website shall contain the following information regarding an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child:

(1)  Name and aliases.

(2)  Year of birth.

(3)  Street address, municipality, county, State and zip code of residences and intended residences. In the case of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child who fails to establish a residence and is therefore a transient, the Internet website shall contain information about the transient's temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park. In addition, the Internet website shall contain a list of places the transient eats, frequents and engages in leisure activities.

(4)  Street address, municipality, county, State and zip code of any location at which an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is enrolled as a student.

(5)  Street address, municipality, county, State and zip code of a fixed location where an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is employed. If an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is not employed at a fixed address, the information shall include general areas of work.

(6)  Current facial photograph of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child. This paragraph requires, if available, the last eight facial photographs taken of the individual and the date each photograph was entered into the registry.

(7)  Physical description of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child.

(8)  License plate number and a description of a vehicle owned or operated by an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child.

(9)  Offense for which an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is registered under this subchapter and other sexually violent offenses for which the individual was convicted.

(10)  A statement whether an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is in compliance with registration.

(11)  A statement whether the victim is a minor.

(12)  Date on which the individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is made active within the registry and date when the individual most recently updated registration information.

(13)  Indication as to whether the individual is a sexually violent predator, sexually violent delinquent child or convicted of a Tier I, Tier II or Tier III sexual offense.

(14)  If applicable, indication that an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is incarcerated or committed or is a transient.

(c)  Prohibited information.--The public Internet website established under this section shall not contain:

(1)  The identity of any victim.

(2)  The Social Security number of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child.

(3)  Any information relating to arrests of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child that did not result in conviction.

(4)  Travel and immigration document numbers.

(d)  (Reserved).

(e)  Duration of posting.--The information listed in subsection (b) shall be made available on the Internet website unless an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is deceased or is no longer required to register under this subchapter.

42c9799.28v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

 

2019 Unconstitutionality.  Section 9799.28 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2012 Amendment.  Act 91 amended subsecs. (a)(1)(i) and (ii), (b)(3), (4), (5), (6) and (9) and (e) and added subsec. (b)(12), (13) and (14).

2011 Amendment.  Act 111 added section 9799.28. See section 17(1)(i) of Act 111 in the appendix to this title for special provisions relating to applicability.

42c9799.29s

§ 9799.29.  Administration.

The Governor shall direct the Pennsylvania State Police, the board, the Department of Corrections, the Department of Transportation and any other agency of the Commonwealth that the Governor deems necessary to collaboratively design, develop and implement an integrated and secure system of communication, storage and retrieval of information to assure the timely, accurate and efficient administration of this subchapter.

42c9799.29v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.29 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

42c9799.30s

§ 9799.30.  Global positioning system technology.

The Pennsylvania Parole Board, the Department of Corrections, the agents of the Department of Corrections and county probation authorities may impose supervision conditions that include tracking through global positioning system technology.

42c9799.30v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.30 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

42c9799.31s

§ 9799.31.  Immunity for good faith conduct.

The following entities shall be immune from liability for good faith conduct under this subchapter:

(1)  Agents and employees of the Pennsylvania State Police and local law enforcement agencies.

(2)  District attorneys and their agents and employees.

(3)  Superintendents, administrators, teachers, employees and volunteers engaged in the supervision of children of any public, private or parochial school.

(4)  Directors and employees of county children and youth agencies.

(5)  Presidents or similar officers of universities and colleges, including community colleges.

(6)  The Pennsylvania Parole Board and its agents and employees.

(7)  County probation and parole offices and their agents and employees.

(8)  Licensees of certified day-care centers and directors of licensed preschool programs and owners and operators of registered family day-care homes and their agents and employees.

(9)  The Department of Corrections and its agents and employees.

(10)  County correctional facilities and their agents and employees.

(11)  The board and its members, agents and employees.

(12)  Juvenile probation offices and their agents and employees.

(13)  The Department of Human Services and its agents and employees.

(14)  Institutions or facilities set forth in section 6352(a)(3) (relating to disposition of delinquent child) and their agents and employees.

(15)  The unit owners' association of a common interest community and its agents and employees as it relates to distributing information regarding section 9799.27(b)(1) (relating to other notification).

42c9799.31v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended par. (6). See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.31 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended par. (13) and Act 29 reenacted par (13). Section 20(1) of Act 10 provided that the amendment of section 9799.31 shall apply to an individual who commits an offense on or after December 20, 2012.

2011 Amendment.  Act 111 added section 9799.31.

42c9799.32s

§ 9799.32.  Pennsylvania State Police and Department of Corrections.

The Pennsylvania State Police have the following duties:

(1)  To create and maintain the Statewide registry of sexual offenders in conformity with the provisions of this subchapter.

(2)  In consultation with the Department of Corrections, the Office of Attorney General, the Juvenile Court Judges' Commission, the Administrative Office of Pennsylvania Courts and the chairman and minority chairman of the Judiciary Committee of the Senate and the chairman and minority chairman of the Judiciary Committee of the House of Representatives, to promulgate guidelines necessary for the general administration of this subchapter. These guidelines shall establish procedures to allow an individual subject to the requirements of this subchapter, including a transient, to fulfill these requirements at approved registration sites throughout this Commonwealth. The Pennsylvania State Police shall publish a list of approved registration sites in the Pennsylvania Bulletin and provide a list of approved registration sites in any notice sent to individuals required to register under this subchapter. An approved registration site shall be capable of submitting fingerprints, palm prints, DNA samples and any other information required electronically to the Pennsylvania State Police. The Pennsylvania State Police shall require that approved registration sites submit fingerprints utilizing the Integrated Automated Fingerprint Identification System or in another manner and in such form as the Pennsylvania State Police shall require. Approved registration sites shall not be limited to sites managed by the Pennsylvania State Police and shall include sites managed by local law enforcement agencies that meet the criteria for approved registration sites set forth in this paragraph.

(3)  To write guidelines regarding neighbor notification under section 9799.27(b)(1) (relating to other notification).

(4)  Within three business days, to transfer information as set forth in section 9799.18 (relating to information sharing).

(5)  To enforce the provisions of this subchapter as set forth in section 9799.22 (relating to enforcement).

(6)  To facilitate verification of information from individuals under section 9799.13 (relating to applicability) as provided in section 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police).

(7)  In consultation with the Department of Education and the Department of Corrections, to promulgate guidelines directing licensed day-care centers, licensed preschool programs, schools, universities and colleges, including community colleges, on the proper use and administration of information received under section 9799.27.

(8)  In consultation with the Department of Corrections, to promulgate guidelines directing State and county correctional facilities and State and county probation and parole offices regarding the completion of information, including the taking of photographs, required by sexual offenders under this subchapter.

(9)  In consultation with the Administrative Office of Pennsylvania Courts, the Department of Human Services and the Juvenile Court Judges' Commission, to promulgate guidelines regarding the completion of information required by juvenile offenders and sexually violent delinquent children under this subchapter.

(10)  To develop the telephonic verification system established under section 9799.25.

42c9799.32v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended the section heading and pars. (2), (7), (8) and (9). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.32 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended par. (6) and added par. (10) and Act 29 reenacted pars. (6) and (10). Section 20(1) of Act 10 provided that the amendment of section 9799.32 shall apply to an individual who commits an offense on or after December 20, 2012.

2012 Amendment.  Act 91 amended par. (3).

2011 Amendment.  Act 111 added section 9799.32.

42c9799.33s

§ 9799.33.  Duties of Department of Corrections and probation and parole officials.

(a)  Duties.--The Department of Corrections, the county office of probation and parole and the chief juvenile probation officer of the court shall:

(1)  Perform their respective duties set forth for the Department of Corrections, the county office of probation and parole and the chief juvenile probation officer of the court in accordance with section 9799.19 (relating to initial registration).

(2)  On a form prescribed by the Pennsylvania State Police, notify the Pennsylvania State Police each time a sexual offender is arrested, recommitted to a State or county correctional institution for a parole violation or incarcerated.

(b)  Notification form.--The Department of Corrections shall create a notification form which will inform county prison and probation and parole personnel how to inform sexual offenders of their duties under this subchapter. In addition, the Department of Corrections shall apply for Federal funding as provided in the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587) to support and enhance programming using global satellite positioning system technology.

42c9799.33v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.33 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

42c9799.34s

§ 9799.34.  Duties of facilities housing sexual offenders.

The Department of Corrections, a county correctional facility, an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) and the separate, State-owned facility or unit established under Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons) shall have the following duties:

(1)  To perform their respective duties in accordance with section 9799.19 (relating to initial registration). This paragraph includes taking a current photograph of the individual specified in section 9799.13 (relating to applicability) before the individual is released from confinement or commitment or is discharged.

(2)  On a form prescribed by the Pennsylvania State Police, to notify the Pennsylvania State Police each time a sexual offender is incarcerated, committed or released, including supervised release. In the case of a juvenile offender or sexually violent delinquent child, the facility shall notify the Pennsylvania State Police each time the individual is committed, released or transferred to another facility or institution. This paragraph shall include a community corrections center or community contract facility.

(3)  To assist sexual offenders registering under this subchapter.

42c9799.34v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.34 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended par. (1) and Act 29 reenacted the intro. par. and par. (1). Section 20(1) of Act 10 provided that the amendment of section 9799.34 shall apply to an individual who commits an offense on or after December 20, 2012.

2012 Amendment.  Act 91 amended par. (2).

2011 Amendment.  Act 111 added section 9799.34.

42c9799.35s

§ 9799.35.  Board.

(a)  Composition.--The board shall be composed of psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.

(b)  Appointment.--The Governor shall appoint the board members.

(c)  Term of office.--Members of the board shall serve four-year terms.

(d)  Compensation.--The members of the board shall be compensated at a rate of $350 per assessment and receive reimbursement for their actual and necessary expenses while performing the business of the board. The chairman shall receive $500 additional compensation annually.

(e)  Staff.--The board shall employ an executive director and other staff as necessary to carry out the board's duties under this chapter. The executive director shall direct the operations, management and administration of the board and organize and oversee the work of the staff. Legal counsel for the board shall be provided in accordance with the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. Upon request by the board, the Department of Corrections shall make available facilities, administrative support and other assistance to the board.

42c9799.35v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (e). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.35 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2011 Amendment.  Act 111 added section 9799.35.

42c9799.36s

§ 9799.36.  Counseling of sexually violent predators.

(a)  General rule.--A sexually violent predator who is not incarcerated shall be required to attend at least monthly counseling sessions in a program approved by the board and be financially responsible for all fees assessed from the counseling sessions. The board shall monitor the compliance of the sexually violent predator. If the sexually violent predator can prove to the satisfaction of the court that the sexually violent predator cannot afford to pay for the counseling sessions, the sexually violent predator shall nonetheless attend the counseling sessions, and the parole office shall pay the requisite fees.

(b)  Designation in another jurisdiction.--If an individual specified in section 9799.13 (relating to applicability) has been designated as a sexually violent predator in another jurisdiction and was required to undergo counseling, the individual shall be subject to the provisions of this section.

(c)  Penalty.--A sexually violent predator who knowingly fails to attend counseling sessions as provided in this section may be subject to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements).

(d)  Notification.--A provider of counseling services under subsection (a) shall notify the district attorney of the county and the chief law enforcement officer, as defined in section 8951 (relating to definitions), of the municipality in the county and municipality where the provider is located that the provider is counseling sexually violent predators. Notifications under this subsection must be submitted in writing by January 15 of each year and shall include the address of the provider.

42c9799.36v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; July 10, 2015, P.L.122, No.20, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.36 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsec. (b) and Act 29 reenacted subsec. (b). Section 20(1) of Act 10 provided that the amendment of section 9799.36 shall apply to an individual who commits an offense on or after December 20, 2012.

2015 Amendment.  Act 20 added subsec. (d).

2012 Amendment.  Act 91 amended subsec. (a).

2011 Amendment.  Act 111 added section 9799.36.

Cross References.  Section 9799.36 is referred to in sections 9718.1, 9799.15, 9799.16, 9799.21, 9799.22, 9799.23 of this title; section 4915.1 of Title 18 (Crimes and Offenses).

42c9799.37s

§ 9799.37.  Exemption from notification for certain licensees and their employees.

Nothing in this subchapter shall be construed as imposing a duty upon a person licensed under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, or an employee of the person, to disclose any information regarding an individual required to be included in the registry pursuant to this subchapter.

42c9799.37v

(Dec. 20, 2011, P.L.446, No.111, eff. one year)

 

2019 Unconstitutionality.  Section 9799.37 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2011 Amendment.  Act 111 added section 9799.37.

42c9799.38s

§ 9799.38.  Annual performance audit.

(a)  Duties of the Attorney General.--The Attorney General has the following duties:

(1)  To conduct a performance audit annually to determine compliance with the requirements of this subchapter and Subchapter I (relating to continued registration of sexual offenders) and any guidelines promulgated under this subchapter and Subchapter I. The audit shall, at a minimum, include a review of the practices, procedures and records of the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts and any other State or local agency the Attorney General deems necessary in order to conduct a thorough and accurate performance audit.

(2)  To prepare an annual report of its findings and any action that it recommends be taken by the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts, other State or local agencies and the General Assembly to ensure compliance with this subchapter and Subchapter I. The first report shall be released to the general public no fewer than 18 months after December 20, 2012.

(3)  To provide a copy of its report to the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts, State or local agencies referenced in the report, the chairman and the minority chairman of the Judiciary Committee of the Senate and the chairman and the minority chairman of the Judiciary Committee of the House of Representatives no fewer than 30 days prior to its release to the general public.

(b)  Cooperation required.--Notwithstanding any other provision of law to the contrary, the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts, the Pennsylvania Commission on Sentencing and any other State or local agency requested to do so shall fully cooperate with the Attorney General and assist the Office of Attorney General in satisfying the requirements of this section. For purposes of this subsection, full cooperation shall include, at a minimum, complete access to unredacted records, files, reports and data systems.

42c9799.38v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2019 Unconstitutionality.  Section 9799.38 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended subsec. (a)(1) and (2) and Act 29 reenacted and amended subsec. (a)(1) and (2). Act 29 overlooked the amendment by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.38. Section 20(1) of Act 10 provided that the amendment of section 9799.38 shall apply to an individual who commits an offense on or after December 20, 2012.

42c9799.39s

§ 9799.39.  Photographs and fingerprinting.

An individual subject to registration under section 9799.13 (relating to applicability) shall submit to fingerprinting and photographing as required by this subchapter. Fingerprinting as required by this subchapter shall, at a minimum, require submission of a full set of fingerprints and palm prints. Photographing as required by this subchapter shall, at a minimum, require submission to photographs of the face and any scars, marks, tattoos or other unique features of the individual. Fingerprints and photographs obtained under this subchapter may be maintained for use under this subchapter and for general law enforcement purposes.

42c9799.39v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.39 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments.  Act 10 amended section 9799.39 and Act 29 reenacted section 9799.39. Section 20(1) of Act 10 provided that the amendment of section 9799.39 shall apply to an individual who commits an offense on or after December 20, 2012.

42c9799.40s

§ 9799.40.  Duties of Pennsylvania Commission on Sentencing.

The Pennsylvania Commission on Sentencing shall establish procedures to enable courts to classify sexual offenders as provided in section 9799.23 (relating to court notification and classification requirements).

42c9799.40v

(Dec. 20, 2011, P.L.446, No.111, eff. one year)

 

2019 Unconstitutionality.  Section 9799.40 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2011 Amendment.  Act 111 added section 9799.40.

42c9799.41s

§ 9799.41.  Expiration.

The following provisions shall expire December 20, 2012:

Section 9718.3 (relating to sentence for failure to comply with registration of sexual offenders).

Section 9791 (relating to legislative findings and declaration of policy).

Section 9792 (relating to definitions).

Section 9795.1 (relating to registration).

Section 9795.2 (relating to registration procedures and applicability).

Section 9795.3 (relating to sentencing court information).

Section 9795.4 (relating to assessments).

Section 9795.5 (relating to exemption from certain notifications).

Section 9796 (relating to verification of residence).

Section 9797 (relating to victim notification).

Section 9798 (relating to other notification).

Section 9798.1 (relating to information made available on the Internet and electronic notification).

Section 9798.2 (relating to administration).

Section 9798.3 (relating to global positioning system technology).

Section 9799 (relating to immunity for good faith conduct).

Section 9799.1 (relating to duties of Pennsylvania State Police).

Section 9799.2 (relating to duties of Pennsylvania Board of Probation and Parole).

Section 9799.3 (relating to board).

Section 9799.4 (relating to counseling of sexually violent predators).

Section 9799.7 (relating to exemption from notification for certain licensees and their employees).

Section 9799.8 (relating to annual performance audit).

Section 9799.9 (relating to photographs and fingerprinting).

42c9799.41v

(Dec. 20, 2011, P.L.446, No.111, eff. imd.; July 5, 2012, P.L.880, No.91, eff. imd.)

 

2019 Unconstitutionality.  Section 9799.41 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

42c9799.42s

§ 9799.42.  Standing for Pennsylvania State Police.

Except for petitions filed under section 9799.15(a.2) (relating to period of registration), the Pennsylvania State Police shall have standing to appear and contest a filing in a court of this Commonwealth which seeks to challenge in any way the obligation of an individual required to register with the Pennsylvania State Police under this subchapter.

42c9799.42v

(Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendments.  Act 10 added section 9799.42 and Act 29 reenacted section 9799.42. Section 20(1) of Act 10 provided that the addition of section 9799.42 shall apply to an individual who commits an offense on or after December 20, 2012.

42c9799.51h

 

 

SUBCHAPTER I

CONTINUED REGISTRATION OF SEXUAL OFFENDERS

 

Sec.

9799.51.  Legislative findings and declaration of policy.

9799.52.  Scope.

9799.53.  Definitions.

9799.54.  Applicability.

9799.55.  Registration.

9799.56.  Registration procedures and applicability.

9799.57.  Sentencing court information.

9799.58.  Assessments.

9799.59.  Exemption from certain notifications.

9799.60.  Verification of residence.

9799.61.  Victim notification.

9799.62.  Other notification.

9799.63.  Information made available on Internet and electronic notification.

9799.64.  Administration.

9799.65.  Global positioning system technology.

9799.66.  Immunity for good faith conduct.

9799.67.  Duties of Pennsylvania State Police.

9799.68.  Duties of Department of Corrections.

9799.69.  Board.

9799.70.  Counseling of sexually violent predators.

9799.71.  Exemption from notification for certain licensees and their employees.

9799.72.  Annual performance audit.

9799.73.  Photographs and fingerprinting.

9799.74.  Standing for Pennsylvania State Police.

9799.75.  Construction of subchapter.

 

Enactment.  Subchapter I was added February 21, 2018, P.L.27, No.10, effective immediately.

Subchapter Heading.  The heading of Subchapter I was reenacted June 12, 2018, P.L.140, No.29, effective immediately.

Special Provisions in Appendix.  See section 20(2) of Act 10 of 2018 in the appendix to this title for special provisions relating to applicability.

See section 21 of Act 29 of 2018 in the appendix to this title for special provisions relating to applicability.

Cross References.  Subchapter I is referred to in sections 9799.16, 9799.25, 9799.38 of this title; sections 3130, 3141, 4915.2, 9122.1, 9122.3 of Title 18 (Crimes and Offenses); sections 2511, 6338.1, 6707 of Title 23 (Domestic Relations); sections 3903, 4103, 4503, 6137.1, 6138, 6139 of Title 61 (Prisons and Parole).

42c9799.51s

§ 9799.51.  Legislative findings and declaration of policy.

(a)  Legislative findings.--It is hereby determined and declared as a matter of legislative finding:

(1)  If the public is provided adequate notice and information about sexually violent predators and offenders as well as those sexually violent predators and offenders who do not have a fixed place of habitation or abode, the community can develop constructive plans to prepare itself for the release of sexually violent predators and offenders. This allows communities to meet with law enforcement to prepare and obtain information about the rights and responsibilities of the community and to provide education and counseling to their children.

(2)  These sexually violent predators and offenders pose a high risk of engaging in further offenses even after being released from incarceration or commitments, and protection of the public from this type of offender is a paramount governmental interest.

(3)  The penal and mental health components of our justice system are largely hidden from public view, and lack of information from either may result in failure of both systems to meet this paramount concern of public safety.

(4)  Overly restrictive confidentiality and liability laws governing the release of information about sexually violent predators and offenders have reduced the willingness to release information that could be appropriately released under the public disclosure laws and have increased risks to public safety.

(5)  Persons found to have committed a sexual offense have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government.

(6)  Release of information about sexually violent predators and offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.

(b)  Declaration of policy.--It is hereby declared to be the intention of the General Assembly to:

(1)  Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access to information regarding sexually violent predators and offenders who are about to be released from custody and will live in or near their neighborhood.

(2)  Require the exchange of relevant information about sexually violent predators and offenders among public agencies and officials and to authorize the release of necessary and relevant information about sexually violent predators and offenders to members of the general public, including information available through the publicly accessible Internet website of the Pennsylvania State Police, as a means of assuring public protection and shall not be construed as punitive.

(3)  Address the Superior Court's opinion in the case of Commonwealth v. Wilgus, 975 A.2d 1183 (2009), by requiring sexually violent predators and offenders without a fixed place of habitation or abode to register under this subchapter.

(4)  Address the Pennsylvania Supreme Court's decision in Commonwealth v. Muniz, No. 47 MAP 2016 (Pa. 2016), and the Pennsylvania Superior Court's decision in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017).

42c9799.51v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted section 9799.51.

References in Text.  The citation, Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017), referred to in subsec. (b)(4), was incorrectly cited as Commonwealth v. Butler (2017 WL 3882445) in Acts 10 and 29 of 2018. The 2018 Pamphlet Law Volume contains the correct Westlaw citation, (2017 4914155).

42c9799.52s

§ 9799.52.  Scope.

This subchapter shall apply to individuals who were:

(1)  convicted of a sexually violent offense committed on or after April 22, 1996, but before December 20, 2012, whose period of registration with the Pennsylvania State Police, as described in section 9799.55 (relating to registration), has not expired; or

(2)  required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth on or after April 22, 1996, but before December 20, 2012, whose period of registration has not expired.

42c9799.52v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted section 9799.52.

42c9799.53s

§ 9799.53.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Active notification."  Notification in accordance with section 9799.62 (relating to other notification) or a process whereby law enforcement, pursuant to the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, notifies persons in the community in which the individual resides, including a person identified in section 9799.62(b), of the residence, employment or school location of the individual.

"Approved registration site."  A site in this Commonwealth approved by the Pennsylvania State Police as required by section 9799.67(2) (relating to duties of Pennsylvania State Police):

(1)  at which individuals subject to this subchapter may register, verify information or be fingerprinted or photographed as required by this subchapter;

(2)  which is capable of submitting fingerprints utilizing the Integrated Automated Fingerprint Identification System or in another manner and in the form as the Pennsylvania State Police shall require; and

(3)  which is capable of submitting photographs utilizing the Commonwealth Photo Imaging Network or in another manner and in the form as the Pennsylvania State Police shall require.

"Board."  The State Sexual Offenders Assessment Board.

"Common interest community."  Includes a cooperative, a condominium and a planned community where an individual by virtue of an ownership interest in a portion of real estate is or may become obligated by covenant, easement or agreement imposed upon the owner's interest to pay an amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the individual.

"Commonwealth Photo Imaging Network."  The computer network administered by the Commonwealth and used to record and store digital photographs of an individual's face and scars, marks, tattoos or other unique features of the individual.

"Employed."  Includes a vocation or employment that is full time or part time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during a calendar year, whether financially compensated, volunteered, under a contract or for the purpose of government or educational benefit.

"Integrated Automated Fingerprint Identification System."  The national fingerprint and criminal history system maintained by the Federal Bureau of Investigation providing automated fingerprint search capabilities, latent searching capability, electronic image storage and electronic exchange of fingerprints and responses.

"Mental abnormality."  A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

"Minor."  As used in section 9799.55 (relating to registration), an individual under 18 years of age unless the age of the victim who is considered a minor is otherwise defined in section 9799.55.

"Municipality."  A city, borough, incorporated town or township.

"Offender."  Subject to section 9799.75 (relating to construction of subchapter), an individual required to register under section 9799.55(a), (b)(1) or (2) (relating to registration).

"Passive notification."  Notification in accordance with section 9799.63 (relating to information made available on Internet and electronic notification) or a process whereby persons, under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, are able to access information pertaining to an individual as a result of the individual having been convicted or sentenced by a court for an offense similar to an offense listed in section 9799.55 (relating to registration).

"Penetration."  Includes any penetration, however slight, of the genitals, anus or mouth of another person with a part of the person's body or a foreign object for a purpose other than good faith medical, hygienic or law enforcement procedures.

"Predatory."  An act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained or promoted, in whole or in part, in order to facilitate or support victimization.

"Residence."  With respect to an individual required to register under this subchapter, any of the following:

(1)  A location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year.

(2)  In the case of an individual who fails to establish a residence as specified in paragraph (1), a temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park, where the individual is lodged.

"Sexually violent offense."  The following criminal offenses:

(1)  Except as provided in paragraph (2):

(i)  a criminal offense specified in section 9799.55 (relating to registration) committed on or after April 22, 1996, but before December 20, 2012, for which the individual was convicted; or

(ii)  a criminal offense for which an individual was required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth on or after April 22, 1996, but before December 20, 2012, whose period of registration has not expired.

(2)  The following criminal offenses committed on or after January 26, 2005, but before December 20, 2012, for which the individual was convicted:

(i)  18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).

(ii)  18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).

"Sexually violent predator."  Subject to section 9799.75 (relating to construction of subchapter), a person who has been convicted of a sexually violent offense and who is determined to be a sexually violent predator under section 9799.58 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses or who has ever been determined by a court to have a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses under a former sexual offender registration law of this Commonwealth. The term includes an individual determined to be a sexually violent predator where the determination occurred in the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or by court martial.

"Student."  A person who is enrolled on a full-time or part-time basis in a public or private educational institution, including a secondary school, trade or professional institution or institution of higher education.

42c9799.53v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted and amended section 9799.53. Act 29 overlooked the addition of section 9799.53 by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.53.

Cross References.  Section 9799.53 is referred to in sections 9718.1, 9799.56, 9799.57, 9799.60, 9799.61, 9799.62, 9799.63, 9799.67 of this title; section 4915.2 of Title 18 (Crimes and Offenses).

42c9799.54s

§ 9799.54.  Applicability.

(a)  Registration.--The following individuals shall register with the Pennsylvania State Police as provided in this subchapter:

(1)  An individual who committed a sexually violent offense within this Commonwealth and whose period of registration with the Pennsylvania State Police, as specified in section 9799.55 (relating to registration), as of February 21, 2018, has not expired. The individual shall register for the period of time under section 9799.55 less any credit for time spent registered with the Pennsylvania State Police prior to February 21, 2018.

(2)  An individual who committed a sexually violent offense within this Commonwealth and who has failed to register with the Pennsylvania State Police. In such a case, the individual shall register for the period of time under section 9799.55.

(3)  An individual who committed a sexually violent offense within this Commonwealth and is an inmate in a State or county correctional facility of this Commonwealth, including a community corrections center or a community contract facility, is being supervised by the Department of Corrections or county probation or parole, is subject to a sentence of intermediate punishment or has supervision transferred under the Interstate Compact for Adult Supervision in accordance with section 9799.62(e) (relating to other notification). The individual shall register for the period of time under section 9799.55, except that the period required in section 9799.55 shall be tolled for any period of time the individual is recommitted for a parole violation or sentenced to a term of imprisonment.

(4)  An individual who was convicted of an offense similar to an offense set forth in section 9799.55 under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or under a former law of this Commonwealth or who was court martialed for a similar offense and who, as of February 21, 2018, has not completed registration requirements. The period of registration shall be as set forth in section 9799.56(b)(4) (relating to registration procedures and applicability) less any credit for time spent on a sexual offender registry of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or with the Pennsylvania State Police prior to February 21, 2018.

(b)  Initial registration.--Individuals required to register under this section shall have 90 days from February 21, 2018, to initially register with the Pennsylvania State Police. The individual shall appear at an approved registration site to be photographed, fingerprinted and to verify information. The Pennsylvania State Police shall send a notice by first class United States mail to the individual's last reported residence in order to inform the individual of the requirements of this subchapter. The notice shall specifically inform the individual of the duties specified in section 9799.57 (relating to sentencing court information). The notice shall be sent no later than 30 days from February 21, 2018. The notice shall also provide a list of approved registration sites. Neither failure on the part of the Pennsylvania State Police to send nor failure of an individual to receive notice or information under this paragraph shall relieve the individual of the requirements of this subchapter.

42c9799.54v

(June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (a)(3). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2018 Amendment.  Act 29 reenacted and amended section 9799.54. Act 29 overlooked the addition of section 9799.54 by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.54.

Cross References.  Section 9799.54 is referred to in sections 9799.55, 9799.56, 9799.67 of this title; section 4915.2 of Title 18 (Crimes and Offenses).

42c9799.55s

§ 9799.55.  Registration.

(a)  Ten-year registration.--Except as provided under subsection (a.1) or (b), the following individuals shall be required to register with the Pennsylvania State Police for a period of 10 years:

(1)  (i)  (A)  Individuals convicted within this Commonwealth of any of the following offenses committed on or after April 22, 1996, but before December 20, 2012:

18 Pa.C.S. § 2901 (relating to kidnapping) where the victim is a minor.

18 Pa.C.S. § 3126 (relating to indecent assault) where the offense is graded as a misdemeanor of the first degree or higher.

18 Pa.C.S. § 4302 (relating to incest) where the victim is 12 years of age or older but under 18 years of age.

18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses) where the actor promotes the prostitution of a minor.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to obscene and other sexual materials and performances) where the victim is a minor.

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

(B)  Individuals convicted within this Commonwealth of an offense set forth in clause (A) who were required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth on or after April 22, 1996, but before December 20, 2012, whose period of registration has not expired.

(ii)  Individuals convicted within this Commonwealth of any of the following offenses committed on or after January 26, 2005, but before December 20, 2012:

18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).

18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).

(2)  Individuals convicted of an attempt, conspiracy or solicitation to commit any of the offenses under paragraph (1)(i) or (ii) or subsection (b)(2).

(3)  Individuals who currently have a residence in this Commonwealth who have been convicted of offenses similar to the crimes cited in paragraphs (1)(i) or (ii) and (2) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation or under a former law of this Commonwealth.

(a.1)  Exception to 10-year registration.--Except as provided under subsection (b), an individual considered to be an offender under section 9799.56(b) (relating to registration procedures and applicability) shall be required to register with the Pennsylvania State Police for a period less than life, the duration of which is to be determined under sections 9799.54 (relating to applicability) and 9799.56(b).

(b)  Lifetime registration.--The following individuals shall be subject to lifetime registration:

(1)  An individual with two or more convictions of any of the offenses set forth in subsection (a).

(2)  Individuals convicted:

(i)  (A)  in this Commonwealth of the following offenses, if committed on or after April 22, 1996, but before December 20, 2012:

18 Pa.C.S. § 3121 (relating to rape);

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse);

18 Pa.C.S. § 3124.1 (relating to sexual assault);

18 Pa.C.S. § 3125 (relating to aggravated indecent assault); or

18 Pa.C.S. § 4302 when the victim is under 12 years of age; or

(B)  in this Commonwealth of offenses set forth in clause (A) who were required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth on or after April 22, 1996, but before December 20, 2012, whose period of registration has not expired; or

(ii)  of offenses similar to the crimes cited in subparagraph (i) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation or under a former law of this Commonwealth, if committed, or for which registration with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth was required, on or after April 22, 1996, but before December 20, 2012, who currently reside in this Commonwealth.

(3)  Sexually violent predators.

(4)  An individual who is considered to be a sexually violent predator under section 9799.56(b) or who is otherwise required to register for life under section 9799.56(b), if the sexual offense which is the basis for the consideration or requirement for which the individual was convicted was committed, or for which registration with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth was required, on or after April 22, 1996, but before December 20, 2012.

(c)  Natural disaster.--The occurrence of a natural disaster or other event requiring evacuation of residences shall not relieve an individual of the duty to register or any other duty imposed by this subchapter.

(d)  Residents in group-based homes.--

(1)  A group-based home may not provide concurrent residence in the group-based home to more than five individuals in total who are required to register under Subchapter H (relating to registration of sexual offenders) and this subchapter as sexually violent predators.

(2)  A group-based home that violates paragraph (1) shall be subject to a civil penalty in the amount of $2,500 for a first violation and in the amount of $5,000 for a second or subsequent violation.

(3)  The Pennsylvania State Police or local law enforcement agency of jurisdiction shall investigate compliance with this subsection, and the Attorney General or district attorney may commence a civil action in the court of common pleas of the county in which a group-based home is located to impose and collect from the group-based home the penalty under paragraph (2).

(4)  As used in this subsection, the term "group-based home" has the meaning given to it in 61 Pa.C.S. § 5007(c) (relating to certain offenders residing in group-based homes).

42c9799.55v

(June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (d)(4).

2018 Amendment.  Act 29 reenacted section 9799.55. Section 21 of Act 10 of 2018 provided that the addition of subsec. (d) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency. Section 22 of Act 29 provided that the reenactment of subsec. (d) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency.

Cross References.  Section 9799.55 is referred to in sections 9799.14, 9799.52, 9799.53, 9799.54, 9799.56, 9799.58, 9799.59, 9799.60, 9799.67, 9799.70, 9799.73 of this title; sections 4915.2, 9122.1, 9122.3 of Title 18 (Crimes and Offenses); section 6303 of Title 23 (Domestic Relations).

42c9799.56s

§ 9799.56.  Registration procedures and applicability.

(a)  Registration.--

(1)  (i)  Offenders and sexually violent predators shall be required to register with the Pennsylvania State Police as specified in section 9799.54 (relating to applicability).

(ii)  Offenders and sexually violent predators shall be required to register with the Pennsylvania State Police upon release from incarceration, upon parole from a State or county correctional facility or upon the commencement of a sentence of intermediate punishment or probation.

(iii)  For purposes of registration, offenders and sexually violent predators shall provide the Pennsylvania State Police with all current or intended residences, all information concerning current or intended employment and all information concerning current or intended enrollment as a student.

(2)  Offenders and sexually violent predators shall inform the Pennsylvania State Police within three business days of:

(i)  A change of residence or establishment of an additional residence or residences. In the case of an individual who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 (relating to definitions), the individual shall inform the Pennsylvania State Police of the following:

(A)  the location of a temporary habitat or other temporary place of abode or dwelling, including a homeless shelter or park, where the individual is lodged;

(B)  a list of places the individual eats, frequents and engages in leisure activities and any planned destinations, including those outside this Commonwealth; and

(C)  the place the individual receives mail, including a post office box.

The duty to provide the information specified in this subparagraph shall apply until the individual establishes a residence as defined in paragraph (1) of the definition of "residence" in section 9799.53. If the individual who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 changes or adds to the places listed in this subparagraph during a 30-day period, the individual shall list these when reregistering during the next 30-day period.

(ii)  A change of employer or employment location for a period of time that will exceed 14 days or for an aggregate period of time that will exceed 30 days during a calendar year, or termination of employment.

(iii)  A change of institution or location at which the person is enrolled as a student, or termination of enrollment.

(iv)  Becoming employed or enrolled as a student if the person has not previously provided that information to the Pennsylvania State Police.

(2.1)  Registration with a new law enforcement agency shall occur no later than three business days after establishing residence in another state.

(3)  The registration period required in section 9799.55(a) and (a.1) (relating to registration) shall be tolled when an offender is recommitted for a parole violation or sentenced to an additional term of imprisonment. In such cases, the Department of Corrections or county correctional facility shall notify the Pennsylvania State Police of the admission of the offender.

(4)  This paragraph shall apply to all offenders and sexually violent predators:

(i)  Where the offender or sexually violent predator was granted parole by the Pennsylvania Parole Board or the court or is sentenced to probation or intermediate punishment, probation with restrictions or is placed in the State drug treatment program, the board or county office of probation and parole shall collect registration information from the offender or sexually violent predator and forward that registration information to the Pennsylvania State Police. The Department of Corrections or county correctional facility shall not release the offender or sexually violent predator until it receives verification from the Pennsylvania State Police that the Pennsylvania State Police have received the registration information. Verification by the Pennsylvania State Police may occur by electronic means, including e-mail or facsimile transmission. Where the offender or sexually violent predator is scheduled to be released from a State or county correctional facility because of the expiration of the maximum term of incarceration, the Department of Corrections or county correctional facility shall collect the information from the offender or sexually violent predator no later than 10 days prior to the maximum expiration date. The registration information shall be forwarded to the Pennsylvania State Police.

(ii)  Where the offender or sexually violent predator scheduled to be released from a State or county correctional facility due to the maximum expiration date refuses to provide the registration information, the Department of Corrections or county correctional facility shall notify the Pennsylvania State Police or police department with jurisdiction over the facility of the failure to provide registration information and of the expected date, time and location of the release of the offender or sexually violent predator.

(b)  Individuals convicted or sentenced by a court or adjudicated delinquent in jurisdictions outside this Commonwealth or sentenced by court martial.--

(1)  (Reserved).

(2)  (Reserved).

(3)  (Reserved).

(4)  An individual who has a residence, is employed or is a student in this Commonwealth and who has been convicted of or sentenced by a court or court martialed for a sexually violent offense or a similar offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or who was required to register under a sexual offender statute in the jurisdiction where convicted, sentenced or court martialed, shall register at an approved registration site within three business days of the individual's arrival in this Commonwealth. The provisions of this subchapter shall apply to the individual as follows:

(i)  If the individual has been classified as a sexually violent predator as defined in section 9799.53 or determined under the laws of the other jurisdiction or by reason of court martial to be subject to active notification and lifetime registration on the basis of a statutorily authorized administrative or judicial decision or on the basis of a statute or administrative rule requiring active notification and lifetime registration based solely on the offense for which the individual was convicted, sentenced or court martialed, the individual shall, notwithstanding section 9799.53, be considered a sexually violent predator and subject to lifetime registration under section 9799.55(b). The individual shall also be subject to the provisions of this section and sections 9799.60 (relating to verification of residence), 9799.62 (relating to other notification) and 9799.63(c)(1) (relating to information made available on Internet and electronic notification), except that the individual shall not be required to receive counseling unless required to do so by the other jurisdiction or by reason of court martial.

(ii)  Except as provided in subparagraphs (i) and (iv), if the individual has been convicted or sentenced by a court or court martialed for an offense listed in section 9799.55(b) or an equivalent offense, the individual shall, notwithstanding section 9799.53, be considered an offender and be subject to lifetime registration under section 9799.55(b). The individual shall also be subject to the provisions of this section and sections 9799.60 and 9799.63(c)(2).

(iii)  Except as provided in subparagraphs (i), (ii), (iv) and (v), if the individual has been convicted or sentenced by a court or court martialed for an offense listed in section 9799.55(a) or an equivalent offense, the individual shall be, notwithstanding section 9799.53, considered an offender and subject to registration under this subchapter. The individual shall also be subject to the provisions of this section and sections 9799.60 and 9799.63(c)(2). The individual shall be subject to this subchapter for a period of 10 years or for a period of time equal to the time for which the individual was required to register in the other jurisdiction or required to register by reason of court martial, whichever is greater, less any credit due to the individual as a result of prior compliance with registration requirements.

(iv)  Except as provided in subparagraph (i) and notwithstanding subparagraph (v), if the individual is subject to active notification in the other jurisdiction or subject to active notification by reason of court martial, the individual shall, notwithstanding section 9799.53, be considered an offender and subject to this section and sections 9799.60, 9799.62 and 9799.63(c)(1). If the individual was convicted of or sentenced in the other jurisdiction or sentenced by court martial for an offense listed in section 9799.55(b) or an equivalent offense, the individual shall be subject to this subchapter for the individual's lifetime. If the individual was convicted of or sentenced in the other jurisdiction or sentenced by court martial for an offense listed in section 9799.55(a) or an equivalent offense, the individual shall be subject to this subchapter for a period of 10 years or for a period of time equal to the time for which the individual was required to register in the other jurisdiction or required to register by reason of court martial, whichever is greater, less any credit due to the individual as a result of prior compliance with registration requirements. Otherwise, the individual shall be subject to this subchapter for a period of time equal to the time for which the individual was required to register in the other jurisdiction or required to register by reason of court martial, less any credit due to the individual as a result of prior compliance with registration requirements.

(v)  Except as provided in subparagraphs (i), (ii), (iii) and (iv), if the individual is subject to passive notification in the other jurisdiction or subject to passive notification by reason of court martial, the individual shall, notwithstanding section 9799.53, be considered an offender and subject to this section and sections 9799.60 and 9799.63(c)(2). The individual shall be subject to this subchapter for a period of time equal to the time for which the individual was required to register in the other jurisdiction or required to register by reason of court martial, less any credit due to the individual as a result of prior compliance with registration requirements.

(5)  Notwithstanding the provisions of Chapter 63 (relating to juvenile matters) and except as provided in paragraph (4), an individual who has a residence, is employed or is a student in this Commonwealth and who is required to register as a sex offender under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation as a result of a juvenile adjudication shall register at an approved registration site within three business days of the individual's arrival in this Commonwealth. The provisions of this subchapter shall apply to the individual as follows:

(i)  If the individual has been classified as a sexually violent predator as defined in section 9799.53 or determined under the laws of the other jurisdiction to be subject to active notification and lifetime registration on the basis of a statutorily authorized administrative or judicial decision or on the basis of a statute or administrative rule requiring active notification and lifetime registration based solely on the offense for which the individual was adjudicated, the individual shall, notwithstanding section 9799.53, be considered a sexually violent predator and subject to lifetime registration under section 9799.55(b). The individual shall also be subject to the provisions of this section and sections 9799.60 and 9799.63(c)(1), except that the individual shall not be required to receive counseling unless required to do so by the other jurisdiction.

(ii)  Except as provided in subparagraph (i), if the individual is subject to active notification in the other jurisdiction, the individual shall, notwithstanding section 9799.53, be considered an offender and subject to registration under this subchapter. The individual shall also be subject to the provisions of this section and sections 9799.60, 9799.62 and 9799.63(c)(1). The individual shall be subject to this subchapter for a period of time equal to the time for which the individual was required to register in the other jurisdiction, less any credit due to the individual as a result of prior compliance with registration requirements.

(iii)  Except as provided in subparagraphs (i) and (ii), if the individual is subject to passive notification in the other jurisdiction, the individual shall, notwithstanding section 9799.53, be considered an offender and be subject to this section and sections 9799.60 and 9799.63(c)(2). The individual shall be subject to this subchapter for a period of time equal to the time for which the individual was required to register in the other jurisdiction, less any credit due to the individual as a result of prior registration compliance.

(c)  Registration information to local police.--

(1)  The Pennsylvania State Police shall provide the information obtained under this section and sections 9799.57 (relating to sentencing court information) and 9799.60 to the chief law enforcement officers of the police departments of the municipalities in which the individual will establish a residence or be employed or enrolled as a student. In addition, the Pennsylvania State Police shall provide this officer with the address at which the individual will establish a residence or be employed or enrolled as a student following the individual's release from incarceration, parole or probation.

(2)  The Pennsylvania State Police shall provide notice to the chief law enforcement officers of the police departments of the municipalities notified under paragraph (1) when an individual fails to comply with the registration requirements of this section or section 9799.60 and request, as appropriate, that these police departments assist in locating and apprehending the individual.

(3)  The Pennsylvania State Police shall provide notice to the chief law enforcement officers of the police departments of the municipalities notified under paragraph (1) when they are in receipt of information indicating that the individual will no longer have a residence or be employed or be enrolled as a student in the municipality.

(d)  Penalty.--An individual subject to registration under this subchapter who fails to register with the Pennsylvania State Police as required by this section may be subject to prosecution under 18 Pa.C.S. § 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements).

(e)  Registration sites.--An individual subject to section 9799.55 shall register and submit to fingerprinting and photographing as required by this subchapter at approved registration sites.

42c9799.56v

(June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (a)(4)(i). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2018 Amendment.  Act 29 reenacted section 9799.56.

Cross References.  Section 9799.56 is referred to in sections 9799.54, 9799.55, 9799.61, 9799.62, 9799.63, 9799.67 of this title; section 4915.2 of Title 18 (Crimes and Offenses).

42c9799.57s

§ 9799.57.  Sentencing court information.

The sentencing court shall inform offenders and sexually violent predators convicted on or after February 21, 2018, at the time of sentencing of the provisions of this subchapter. The court shall:

(1)  Specifically inform the offender or sexually violent predator of the duty to register and provide the information required for each registration, including verification as required in section 9799.60(a) (relating to verification of residence).

(2)  Specifically inform the offender or sexually violent predator of the duty to inform the Pennsylvania State Police within three business days if the offender or sexually violent predator changes residence or establishes an additional residence or residences, changes employer or employment location for a period of time that will exceed 14 days or for an aggregate period of time that will exceed 30 days during a calendar year or terminates employment or changes institution or location at which the person is enrolled as a student or terminates enrollment. In order to fulfill the requirements of this paragraph, the sentencing court shall specifically inform the offender or sexually violent predator of the duty to inform the Pennsylvania State Police of:

(i)  the location of a temporary habitat or other temporary place of abode or dwelling, including a homeless shelter or park, where the individual is lodged;

(ii)  the places the individual eats, frequents and engages in leisure activities and any planned destinations, including those outside this Commonwealth; and

(iii)  the place the individual receives mail, including a post office box,

if the individual fails to establish a residence as defined in paragraph (1) of the definition of "residence" in section 9799.53 (relating to definitions).

(2.1)  Specifically inform the offender or sexually violent predator of the duty to inform the Pennsylvania State Police within three business days of becoming employed or enrolled as a student if the person has not previously provided that information to the Pennsylvania State Police.

(3)  Specifically inform the offender or sexually violent predator of the duty to register with a new law enforcement agency if the offender or sexually violent predator moves to another state no later than three business days after establishing residence in another state.

(4)  Order the fingerprints and photograph of the offender or sexually violent predator to be provided to the Pennsylvania State Police upon sentencing.

(5)  Specifically inform the offender or sexually violent predator of the duty to register with the appropriate authorities in a state in which the offender or sexually violent predator is employed, carries on a vocation or is a student if the state requires the registration.

(6)  Require the offender or sexually violent predator to read and sign a form stating that the duty to register under this subchapter has been explained. Where the offender or sexually violent predator is incapable of reading, the court shall certify the duty to register was explained to the offender or sexually violent predator and the offender or sexually violent predator indicated an understanding of the duty.

42c9799.57v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted and amended section 9799.57. Act 29 overlooked the addition of section 9799.57 by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.57.

Cross References.  Section 9799.57 is referred to in sections 9799.54, 9799.56 of this title.

42c9799.58s

§ 9799.58.  Assessments.

(a)  Order for assessment.--After conviction but before sentencing, a court shall order an individual convicted of an offense specified in section 9799.55 (relating to registration) to be assessed by the board. The order for an assessment shall be sent to the administrative officer of the board within 10 days of the date of conviction.

(b)  Assessment.--Upon receipt from the court of an order for an assessment, a member of the board as designated by the administrative officer of the board shall conduct an assessment of the individual to determine if the individual should be classified as a sexually violent predator. The board shall establish standards for evaluations and for evaluators conducting the assessments. An assessment shall include, but not be limited to, an examination of the following:

(1)  Facts of the current offense, including:

(i)  Whether the offense involved multiple victims.

(ii)  Whether the individual exceeded the means necessary to achieve the offense.

(iii)  The nature of the sexual contact with the victim.

(iv)  Relationship of the individual to the victim.

(v)  Age of the victim.

(vi)  Whether the offense included a display of unusual cruelty by the individual during the commission of the crime.

(vii)  The mental capacity of the victim.

(2)  Prior offense history, including:

(i)  The individual's prior criminal record.

(ii)  Whether the individual completed any prior sentences.

(iii)  Whether the individual participated in available programs for sexual offenders.

(3)  Characteristics of the individual, including:

(i)  Age of the individual.

(ii)  Use of illegal drugs by the individual.

(iii)  A mental illness, mental disability or mental abnormality.

(iv)  Behavioral characteristics that contribute to the individual's conduct.

(4)  Factors that are supported in a sexual offender assessment field as criteria reasonably related to the risk of reoffense.

(c)  Release of information.--All State, county and local agencies, offices or entities in this Commonwealth, including juvenile probation officers, shall cooperate by providing access to records and information as requested by the board in connection with the court-ordered assessment and the assessment requested by the Pennsylvania Parole Board or the assessment of a delinquent child under section 6358 (relating to assessment of delinquent children by the State Sexual Offenders Assessment Board).

(d)  Submission of report by board.--The board shall have 90 days from the date of conviction of the individual to submit a written report containing its assessment to the district attorney.

(d.1)  Summary of offense.--The board shall prepare a description of the offense or offenses which trigger the application of this subchapter to include, but not be limited to:

(1)  A concise narrative of the offender's conduct.

(2)  Whether the victim was a minor.

(3)  The manner of weapon or physical force used or threatened.

(4)  If the offense involved unauthorized entry into a room or vehicle occupied by the victim.

(5)  If the offense was part of a course or pattern of conduct involving multiple incidents or victims.

(6)  Previous instances in which the offender was determined guilty of an offense subject to this subchapter or of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses).

(e)  Hearing.--

(1)  A hearing to determine whether the individual is a sexually violent predator shall be scheduled upon the praecipe filed by the district attorney. The district attorney upon filing a praecipe shall serve a copy of the same upon defense counsel together with a copy of the report of the board.

(2)  The individual and district attorney shall be given notice of the hearing and an opportunity to be heard, the right to call witnesses, the right to call expert witnesses and the right to cross-examine witnesses. In addition, the individual shall have the right to counsel and to have a lawyer appointed to represent the individual if he or she cannot afford one. If the individual requests another expert assessment, the individual shall provide a copy of the expert assessment to the district attorney prior to the hearing.

(3)  At the hearing prior to sentencing, the court shall determine whether the Commonwealth has proved by clear and convincing evidence that the individual is a sexually violent predator.

(4)  A copy of the order containing the determination of the court shall be immediately submitted to the individual, the district attorney, the Pennsylvania Parole Board, the Department of Corrections, the board and the Pennsylvania State Police.

(f)  Presentence investigation.--In all cases where the board has performed an assessment under this section, copies of the report shall be provided to the agency preparing the presentence investigation.

(g)  Parole assessment.--The Pennsylvania Parole Board may request of the board an assessment of an offender or sexually violent predator be conducted and provide a report to the Pennsylvania Parole Board prior to considering an offender or sexually violent predator for parole.

(h)  Delinquent children.--Except where section 6358(b.1) is applicable, the probation officer shall notify the board 90 days prior to the 20th birthday of the child of the status of the delinquent child who is committed to an institution or other facility under section 6352 (relating to disposition of delinquent child) after having been found delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest), together with the location of the facility where the child is committed. The board shall conduct an assessment of the child, which shall include the board's determination of whether or not the child is in need of commitment due to a mental abnormality as defined in section 6402 (relating to definitions) or a personality disorder, either of which results in serious difficulty in controlling sexually violent behavior, and provide a report to the court within the time frames under section 6358(c). The probation officer shall assist the board in obtaining access to the child and records or information as requested by the board in connection with the assessment. The assessment shall be conducted under subsection (b).

(i)  Other assessments.--Upon receipt from the court of an order for an assessment under section 9799.59 (relating to exemption from certain notifications), a member of the board as designated by the administrative officer of the board shall conduct an assessment of the individual to determine if the relief sought, if granted, is likely to pose a threat to the safety of any other person. The board shall establish standards for evaluations and for evaluators conducting these assessments.

42c9799.58v

(June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsecs. (c), (e)(4) and (g). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.

2018 Amendment.  Act 29 reenacted section 9799.58.

Cross References.  Section 9799.58 is referred to in sections 9799.53, 9799.61 of this title; section 6303 of Title 23 (Domestic Relations).

42c9799.59s

§ 9799.59.  Exemption from certain notifications.

(a)  General rule.--An individual required to register under section 9799.55(a.1) and (b) (relating to registration) may be exempt from the requirement to register, the requirement to verify residence, employment and enrollment in an educational institution, the requirement to appear on the publicly accessible Internet website maintained by the Pennsylvania State Police and all other requirements of this subchapter if:

(1)  At least 25 years have elapsed prior to filing a petition with the sentencing court to be exempt from the requirements of this subchapter, during which time the petitioner has not been convicted in this Commonwealth or any other jurisdiction or foreign country of an offense punishable by imprisonment of more than one year, or the petitioner's release from custody following the petitioner's most recent conviction for an offense, whichever is later.

(2)  Upon receipt of a petition filed under paragraph (1), the sentencing court shall enter an order directing that the petitioner be assessed by the board. Upon receipt from the court of an order for an assessment under this section, a member of the board designated by the administrative officer of the board shall conduct an assessment of the petitioner to determine if the relief sought, if granted, is likely to pose a threat to the safety of any other persons. The board shall establish standards for evaluations and for evaluators conducting assessments.

(3)  The order for an assessment under this section shall be sent to the administrative officer of the board within 10 days of the entry. No later than 90 days following receipt of the order, the board shall submit a written report containing the board's assessment to the sentencing court, the district attorney and the attorney for the sexual offender.

(4)  Within 120 days of filing the petition under paragraph (1), the sentencing court shall hold a hearing to determine whether to exempt the petitioner from the application of any or all of the requirements of this subchapter. The petitioner and the district attorney shall be given notice of the hearing and an opportunity to be heard, the right to call witnesses and the right to cross-examine witnesses. The petitioner shall have the right to counsel and to have a lawyer appointed to represent the petitioner if the petitioner cannot afford one.

(5)  The sentencing court shall exempt the petitioner from application of any or all of the requirements of this subchapter, at the discretion of the court, only upon a finding of clear and convincing evidence that exempting the petitioner from a particular requirement or all of the requirements of this subchapter is not likely to pose a threat to the safety of any other person.

(6)  A court granting relief under this section shall notify the Pennsylvania State Police in writing within 10 days from the date relief is granted.

(7)  The petitioner and the Commonwealth shall have the right to appellate review of the actions of the sentencing court under this section. An appeal by the Commonwealth shall stay the order of the sentencing court. A court granting relief under this section shall notify the Pennsylvania State Police in writing within 10 days from the date the relief is granted. If a memorandum of understanding has been entered into under section 9799.61 (relating to victim notification) with respect to relief granted to the petitioner, the Pennsylvania State Police shall transmit the information about the relief to the Office of Victim Advocate as soon as is practicable. The Office of Victim Advocate shall notify the victim of the relief, in accordance with the memorandum of understanding, as specified in section 9799.61.

(8)  The petitioner may file an additional petition with the sentencing court no sooner than five years from the date of the final determination of a court regarding the petition and every five years thereafter.

(9)  If a petitioner is exempt from any provisions of this subchapter and the petitioner is subsequently convicted under 18 Pa.C.S. § 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements), relief granted under this section shall be void, and the petitioner shall automatically and immediately again be subject to the provisions of this subchapter, as previously determined by this subchapter.

(b)  Agency cooperation.--All State, county and local agencies, offices and entities in this Commonwealth, including juvenile probation officers, shall cooperate by providing access to records and information as requested by the board in connection with the court-ordered assessment under subsection (a).

42c9799.59v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted section 9799.59.

Cross References.  Section 9799.59 is referred to in sections 9799.58, 9799.61, 9799.63, 9799.74 of this title; section 4915.2 of Title 18 (Crimes and Offenses).

42c9799.60s

§ 9799.60.  Verification of residence.

(a)  Quarterly verification by sexually violent predators.--The Pennsylvania State Police shall verify the residence and compliance with counseling as provided for in section 9799.70 (relating to counseling of sexually violent predators) of sexually violent predators every 90 days through the use of a nonforwardable verification form to the last reported residence. For the period of registration required by section 9799.55 (relating to registration), a sexually violent predator shall appear quarterly within 10 days of the dates designated by the Pennsylvania State Police each calendar year at an approved registration site to complete a verification form and to be photographed.

(a.1)  Facilitation of quarterly verification.--The Pennsylvania State Police shall facilitate and administer the verification process required by subsection (a) by:

(1)  sending a notice by first class United States mail to all registered sexually violent predators at their last reported residence addresses. This notice shall be sent not more than 30 days nor less than 15 days prior to each of the quarterly verification periods specified in subsection (a) and shall remind sexually violent predators of their quarterly verification requirement and provide them with a list of approved registration sites; and

(2)  providing verification and compliance forms as necessary to each approved registration site not less than 10 days before each of the quarterly verification periods.

(b)  Annual verification by offenders.--The Pennsylvania State Police shall verify the residence of offenders. For the period of registration required by section 9799.55, an offender shall appear within 10 days before each annual anniversary date of the offender's initial registration under section 9799.55 at an approved registration site to complete a verification form and to be photographed.

(b.1)  Facilitation of annual verification.--The Pennsylvania State Police shall facilitate and administer the verification process required by subsection (b) by:

(1)  sending a notice by first class United States mail to all registered offenders at their last reported residence addresses. This notice shall be sent not more than 30 days nor less than 15 days prior to each offender's annual anniversary date and shall remind the offender of the annual verification requirement and provide the offender with a list of approved registration sites; and

(2)  providing verification and compliance forms as necessary to each approved registration site.

(b.2)  Monthly verification by individuals with temporary habitats located within this Commonwealth.--The Pennsylvania State Police shall verify the residence of individuals required to register under this subchapter who have a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 (relating to definitions) every 30 days through the use of a nonforwardable verification form to the last reported location where the individual receives mail. The individual shall appear every 30 days at an approved registration site to complete a verification form and to be photographed. The individual shall appear within three business days of the date designated by the Pennsylvania State Police.

(b.3)  Facilitation of monthly verification.--The Pennsylvania State Police shall facilitate and administer the verification process required by subsection (b.2) by:

(1)  sending a notice by first class United States mail to an individual required to register under this subchapter who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 at the last reported location where the individual receives mail. This notice shall be sent not more than 10 days nor less than five days prior to each of the monthly verification periods and shall remind the individual of the monthly verification requirement and provide a list of approved registration sites; and

(2)  providing verification and compliance forms as necessary to each approved registration site.

(c)  Notification of law enforcement agencies of change of residence.--A change of residence of an offender or sexually violent predator required to register under this subchapter reported to the Pennsylvania State Police shall be immediately reported by the Pennsylvania State Police to the appropriate law enforcement agency having jurisdiction of the offender's or the sexually violent predator's new place of residence. The Pennsylvania State Police shall, if the offender or sexually violent predator changes residence to another state, notify the law enforcement agency with which the offender or sexually violent predator must register in the new state.

(d)  Failure to provide verification.--Where an offender or sexually violent predator fails to provide verification of residence defined in paragraph (1) of the definition of "residence" in section 9799.53 within the 10-day period or three business days in the case of an offender or sexually violent predator who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53, as specified in this section, the Pennsylvania State Police shall immediately notify the municipal police department of the offender's or the sexually violent predator's last verified residence. The local municipal police shall locate the offender or sexually violent predator and arrest the individual for violating this section. The Pennsylvania State Police shall assume responsibility for locating and arresting the offender or sexually violent predator in jurisdictions where no municipal police jurisdiction exists. The Pennsylvania State Police shall assist a municipal police department requesting assistance with locating and arresting an offender or sexually violent predator who fails to verify the offender's or sexually violent predator's residence.

(e)  Penalty.--An individual subject to registration under section 9799.55(a) or (b) who fails to verify the individual's residence or to be photographed as required by this section may be subject to prosecution under 18 Pa.C.S. § 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements).

(f)  Effect of notice.--Neither failure on the part of the Pennsylvania State Police to send nor failure of a sexually violent predator or offender to receive notice or information under subsection (a.1), (b.1) or (b.3) shall relieve that predator or offender from the requirements of this subchapter.

42c9799.60v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted section 9799.60.

Cross References.  Section 9799.60 is referred to in sections 9799.56, 9799.57, 9799.67 of this title; section 4915.2 of Title 18 (Crimes and Offenses).

42c9799.61s

§ 9799.61.  Victim notification.

(a)  Duty to inform victim.--

(1)  Where the individual is determined to be a sexually violent predator by a court under section 9799.58 (relating to assessments), the local municipal police department or the Pennsylvania State Police where no municipal police jurisdiction exists shall give written notice to the sexually violent predator's victim when the sexually violent predator registers initially and when the sexually violent predator notifies the Pennsylvania State Police of a change of residence. In the case of a sexually violent predator who has a residence as defined in paragraph (1) of the definition of "residence" in section 9799.53 (relating to definitions), notice shall be given within 72 hours after the sexually violent predator registers or notifies the Pennsylvania State Police of a change of address. The notice shall contain the sexually violent predator's name and the address or addresses where the individual has a residence. In the case of a sexually violent predator who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53, the notice shall contain the sexually violent predator's name and the information specified in section 9799.56(a)(2)(i)(A) and (B) (relating to registration procedures and applicability). The notice shall be given to the victim within 72 hours after the sexually violent predator registers or notifies the Pennsylvania State Police of a change of residence.

(2)  A victim may terminate the duty to inform described in paragraph (1) by providing the local municipal police department or the Pennsylvania State Police where no local municipal police department exists with a written statement releasing that agency from the duty to comply with this section as it pertains to that victim.

(b)  Where an individual is not determined to be a sexually violent predator.--Where an individual is not determined to be a sexually violent predator by a court under section 9799.58, the victim shall be notified in accordance with section 201 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. This subsection includes the circumstance of an offender having a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53.

(c)  Alternate means of notifying victims.--

(1)  The Pennsylvania State Police may enter into a memorandum of understanding with the Office of Victim Advocate to assist the Pennsylvania State Police in notifying victims and providing the information under subsection (a). In addition, the memorandum of understanding may also include the Office of Victim Advocate's notifying a victim of relief granted to a petitioner under section 9799.59 (relating to exemption from certain notifications). The memorandum of understanding must set forth the manner and method of notifying victims and the duties of the Pennsylvania State Police and the Office of Victim Advocate under this section and section 9799.59(a). A memorandum of understanding entered into under this subsection shall be valid for no more than 10 years. There shall be no limit to the number of memoranda of understanding which may be executed by the Pennsylvania State Police and the Office of Victim Advocate under this subsection.

(2)  As used in this subsection, the term "Office of Victim Advocate" shall mean the office established under section 301 of the Crime Victims Act.

42c9799.61v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted section 9799.61.

Cross References.  Section 9799.61 is referred to in section 9799.59 of this title.

42c9799.62s

§ 9799.62.  Other notification.

(a)  Notice by municipality's chief law enforcement officer.--Notwithstanding any of the provisions of 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the chief law enforcement officer of the full-time or part-time police department of the municipality where a sexually violent predator lives shall be responsible for providing written notice as required under this section.

(1)  The notice shall contain:

(i)  The name of the convicted sexually violent predator.

(ii)  The address or addresses at which the sexually violent predator has a residence. If, however, the sexually violent predator has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 (relating to definitions), the notice shall be limited to that provided for under section 9799.56(a)(2)(i)(C) (relating to registration procedures and applicability).

(iii)  The offense for which the sexually violent predator was convicted, sentenced by a court, adjudicated delinquent or court martialed.

(iv)  A statement that the individual has been determined by court order to be a sexually violent predator, which determination has or has not been terminated as of a date certain.

(v)  A photograph of the sexually violent predator, if available.

(2)  The notice shall not include information that might reveal the victim's name, identity and residence.

(b)  To whom written notice is provided.--The chief law enforcement officer shall provide written notice, under subsection (a), to the following persons:

(1)  Neighbors of the sexually violent predator. As used in this paragraph, where the sexually violent predator lives in a common interest community, the term "neighbor" includes the unit owners' association and residents of the common interest community.

(2)  The director of the county children and youth service agency of the county where the sexually violent predator has a residence.

(3)  The superintendent of each school district and the equivalent official for private and parochial schools enrolling students up through grade 12 in the municipality where the sexually violent predator has a residence.

(3.1)  The superintendent of each school district and the equivalent official for each private and parochial school located within a one-mile radius of where the sexually violent predator has a residence.

(4)  The licensee of each certified day-care center and licensed preschool program and owner/operator of each registered family day-care home in the municipality where the sexually violent predator has a residence.

(5)  The president of each college, university and community college located within 1,000 feet of a sexually violent predator's residence.

(c)  Urgency of notification.--The municipal police department's chief law enforcement officer shall provide notice within the following time frames:

(1)  To neighbors, notice shall be provided within five days after information of the sexually violent predator's release date and residence has been received by the chief law enforcement officer. Notwithstanding the provisions of subsections (a) and (b), verbal notification may be used if written notification would delay meeting this time requirement.

(2)  To the persons specified in subsection (b)(2), (3), (4) and (5), notice shall be provided within seven days after the chief law enforcement officer receives information regarding the sexually violent predator's release date and residence.

(d)  Public notice.--All information provided in accordance with subsection (a) shall be available, upon request, to the general public. The information may be provided by electronic means.

(e)  Interstate transfers.--The duties of police departments under this section shall also apply to individuals who are transferred to this Commonwealth under the Interstate Compact for the Supervision of Adult Offenders or the Interstate Compact for Juveniles.

42c9799.62v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted section 9799.62.

Cross References.  Section 9799.62 is referred to in sections 9799.53, 9799.54, 9799.56, 9799.66, 9799.67 of this title.

42c9799.63s

§ 9799.63.  Information made available on Internet and electronic notification.

(a)  Legislative findings.--It is hereby declared to be the finding of the General Assembly that public safety will be enhanced by making information about sexually violent predators, lifetime registrants and other sex offenders available to the public through the Internet and electronic notification. Knowledge of whether a person is a sexually violent predator, lifetime registrant or other sex offender could be a significant factor in protecting oneself and one's family members, or those in care of a group or community organization, from recidivist acts by sexually violent predators, lifetime registrants and other sex offenders. The technology afforded by the Internet and electronic notification would make this information readily accessible to parents and private entities, enabling them to undertake appropriate remedial precautions to prevent or avoid placing potential victims at risk. Public access to information about sexually violent predators, lifetime registrants and other sex offenders is intended solely as a means of public protection and shall not be construed as punitive.

(b)  Internet posting of sexually violent predators, lifetime registrants, other offenders and electronic notification.--The Commissioner of the Pennsylvania State Police shall, in the manner and form directed by the Governor:

(1)  Develop and maintain a system for making the information described in subsection (c) publicly available by electronic means so that the public may, without limitation, obtain access to the information via an Internet website to view an individual record or the records of all sexually violent predators, lifetime registrants and other offenders who are registered with the Pennsylvania State Police. The publicly accessible Internet website created under this subchapter and the information required to be posted under this subchapter shall be included on the publicly accessible Internet website created and maintained by the Pennsylvania State Police under Subchapter H (relating to registration of sexual offenders).

(2)  Ensure that the Internet website contains warnings that a person who uses the information contained on the Internet website to threaten, intimidate or harass another or who otherwise misuses that information may be criminally prosecuted.

(3)  Ensure that the Internet website contains:

(i)  An explanation of its limitations, including statements advising that a positive identification of a sexually violent predator, lifetime registrant or other offender whose record has been made available may be confirmed only by fingerprints.

(ii)  A statement that some information contained on the Internet website may be outdated or inaccurate.

(iii)  A statement that the Internet website is not a comprehensive listing of every person who has ever committed a sex offense in Pennsylvania.

(4)  Strive to ensure that:

(i)  the information contained on the Internet website is accurate;

(ii)  the data on the Internet website is revised and updated as appropriate in a timely and efficient manner; and

(iii)  instructions are included on how to seek correction of information which a person contends is erroneous.

(5)  Provide on the Internet website general information designed to inform and educate the public about sex offenders and sexually violent predators and the operation of this subchapter as well as pertinent and appropriate information concerning crime prevention and personal safety, with appropriate links to other relevant Internet websites operated by the Commonwealth.

(6)  Identify when the victim is a minor with a special designation. The identity of a victim of a sex offense shall not be published or posted on the Internet website.

(7)  Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history record information), develop, implement and maintain a process which allows members of the public to receive electronic notification when an individual required to register under this subchapter moves into or out of a user-designated location.

(c)  Information permitted to be disclosed regarding individuals.--Notwithstanding 18 Pa.C.S. Ch. 91, the Internet website shall contain the following information on each individual:

(1)  For sexually violent predators, the following information shall be posted on the Internet website:

(i)  name and all known aliases;

(ii)  year of birth;

(iii)  in the case of an individual who has a residence as defined in paragraph (1) of the definition of "residence" in section 9799.53 (relating to definitions), the street address, municipality, county and zip code of all residences, including, where applicable, the name of the prison or other place of confinement;

(iv)  the street address, municipality, county, zip code and name of an institution or location at which the person is enrolled as a student;

(v)  the municipality, county and zip code of an employment location;

(vi)  a photograph of the individual, which shall be updated not less than annually;

(vii)  a physical description of the offender, including sex, height, weight, eye color, hair color and race;

(viii)  identifying marks, including scars, birthmarks and tattoos;

(ix)  the license plate number and description of a vehicle owned or registered to the offender;

(x)  whether the offender is currently compliant with registration requirements;

(xi)  whether the victim is a minor;

(xii)  a description of the offense or offenses which triggered the application of this subchapter;

(xiii)  the date of the offense and conviction, if available; and

(xiv)  in the case of an individual who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53, the information listed in section 9799.56(a)(2)(i)(C) (relating to registration procedures and applicability), including, where applicable, the name of the prison or other place of confinement.

(2)  For all other lifetime registrants and offenders subject to registration, the information specified in paragraph (1) shall be posted on the Internet website.

(d)  Duration of Internet posting.--

(1)  The information listed in subsection (c) about a sexually violent predator shall be made available on the Internet for the lifetime of the sexually violent predator.

(2)  The information listed in subsection (c) about an offender who is subject to lifetime registration shall be made available on the Internet for the lifetime of the offender unless the offender is granted relief under section 9799.59 (relating to exemption from certain notifications).

(3)  The information listed in subsection (c) about any other offender subject to registration shall be made available on the Internet for the entire period during which the offender is required to register, including an extension of this period under section 9799.56(a)(3).

42c9799.63v

(June 12, 2018, P.L.140, No.29, eff. imd.)

 

2018 Amendment.  Act 29 reenacted section 9799.63.

Cross References.  Section 9799.63 is referred to in sections 9799.53, 9799.56 of this title.

42c9799.64s