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SENATE AMENDED
PRIOR PRINTER'S NOS. 2770, 2820
PRINTER'S NO. 3543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1952
Session of
2017
INTRODUCED BY MARSICO, STEPHENS, CORBIN, RYAN, DRISCOLL,
MALONEY, DAVIS, TOEPEL, ROTHMAN, KAUFFMAN, BAKER, W. KELLER,
MILLARD, RAPP, ROZZI, COX, A. HARRIS, PICKETT, JOZWIAK, HILL-
EVANS, CORR, CUTLER, SCHWEYER, ORTITAY, READSHAW, WHEELAND,
M. QUINN, DeLUCA, PHILLIPS-HILL, ROEBUCK, CALTAGIRONE,
WATSON, WHITE, BARBIN AND HEFFLEY, DECEMBER 4, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 21, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sexual offenses,
further providing for conduct relating to sex offenders and
for general rule; in falsification and intimidation, further
providing for the offense of failure to comply with
registration requirements, defining the offense of failure to
comply with 42 Pa.C.S. Ch. 97 Subch. I registration
requirements and imposing penalties; in proceedings prior to
petition to adopt, further providing for grounds for
involuntary termination and for definitions; in domestic and
sexual violence victim address confidentiality, further
providing for agency use of designated address; in
sentencing, extensively revising registration of sexual
offenders provisions; and making editorial changes.
AMENDING TITLES 18 (CRIMES AND OFFENSES), 23 (DOMESTIC
RELATIONS) AND 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN SEXUAL OFFENSES,
FURTHER PROVIDING FOR CONDUCT RELATING TO SEX OFFENDERS AND
FOR GENERAL RULE; IN FALSIFICATION AND INTIMIDATION, FURTHER
PROVIDING FOR THE OFFENSE OF FAILURE TO COMPLY WITH
REGISTRATION REQUIREMENTS, DEFINING THE OFFENSE OF FAILURE TO
COMPLY WITH 42 PA.C.S. CH. 97 SUBCH. I REGISTRATION
REQUIREMENTS AND IMPOSING PENALTIES; IN PROCEEDINGS PRIOR TO
PETITION TO ADOPT, FURTHER PROVIDING FOR GROUNDS FOR
INVOLUNTARY TERMINATION, FOR DEFINITIONS AND FOR EXPUNCTION
OF INFORMATION OF PERPETRATOR WHO WAS UNDER 18 YEARS OF AGE
WHEN CHILD ABUSE WAS COMMITTED; IN DOMESTIC AND SEXUAL
VIOLENCE VICTIM ADDRESS CONFIDENTIALITY, FURTHER PROVIDING
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FOR AGENCY USE OF DESIGNATED ADDRESS; IN SENTENCING,
EXTENSIVELY REVISING REGISTRATION OF SEXUAL OFFENDERS
PROVISIONS; AND MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3130 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3130. Conduct relating to sex offenders.
(a) Offense defined.--A person commits a felony of the third
degree if the person has reason to believe that a sex offender
is not complying with or has not complied with the requirements
of the sex offender's probation or parole, imposed by statute or
court order, or with the registration requirements of 42 Pa.C.S.
Ch. 97 Subch. H (relating to registration of sexual offenders)
or I (relating to continued registration of sexual offenders),
and the person, with the intent to assist the sex offender in
eluding a law enforcement agent or agency that is seeking to
find the sex offender to question the sex offender about, or to
arrest the sex offender for, noncompliance with the requirements
of the sex offender's probation or parole or the requirements of
42 Pa.C.S. Ch. 97 Subch. H or I:
(1) withholds information from or does not notify the
law enforcement agent or agency about the sex offender's
noncompliance with the requirements of parole, the
requirements of 42 Pa.C.S. Ch. 97 Subch. H or I or, if known,
the sex offender's whereabouts;
(2) harbors or attempts to harbor or assist another
person in harboring or attempting to harbor the sex offender;
(3) conceals or attempts to conceal, or assists another
person in concealing or attempting to conceal, the sex
offender; or
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(4) provides information to the law enforcement agent or
agency regarding the sex offender which the person knows to
be false.
(b) Definition.--As used in this section, the term "sex
offender" means a person who is required to register with the
Pennsylvania State Police pursuant to the provisions of 42
Pa.C.S. Ch. 97 Subch. H or I.
Section 1.1. Section 3141 of Title 18, amended June 29, 2017
(P.L.247, No.13), is amended to read:
§ 3141. General rule.
A person:
(1) convicted under section 3121 (relating to rape),
3122.1 (relating to statutory sexual assault), 3123 (relating
to involuntary deviate sexual intercourse), 3124.1 (relating
to sexual assault), 3125 (relating to aggravated indecent
assault) or 3126 (relating to indecent assault); or
(2) required to register with the Pennsylvania State
Police under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders) or I (relating to continued
registration of sexual offenders);
may be required to forfeit property rights in any property or
assets used to implement or facilitate commission of the crime
or crimes of which the person has been convicted. The forfeiture
shall be conducted in accordance with 42 Pa.C.S. §§ 5803
(relating to asset forfeiture), 5805 (relating to forfeiture
procedure), 5806 (relating to motion for return of property),
5807 (relating to restrictions on use), 5807.1 (relating to
prohibition on adoptive seizures) and 5808 (relating to
exceptions).
Section 2. Section 4915.1(a.2)(2), (b)(4), (c.1)(4), (c.3)
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and (d) of Title 18 are amended, subsection (f) is amended by
adding a definition and the section is amended by adding a
subsection to read:
§ 4915.1. Failure to comply with registration requirements.
* * *
(a.2) Counseling.--The following apply:
* * *
(2) An individual who is subject to a counseling
requirement under a sex offender registration statute
following conviction in another jurisdiction where the
requirement is based on the commitment of an offense on or
after December 20, 2012, for which the individual was
convicted, commits an offense if [he] the individual
knowingly fails to comply with 42 Pa.C.S. § 9799.36.
(b) Grading for sexual offenders who must register for 15
years or who must register pursuant to 42 Pa.C.S. §
9799.13(7.1).--
* * *
(4) For the purposes of this subsection, an individual
shall mean an individual that meets any of the following:
(i) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13 and is required to register
for a period of 15 years.
(ii) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13(7.1).
* * *
(c.1) Grading for sexual offenders who are transients who
must register for 15 years.--
* * *
(4) For the purposes of this subsection, an individual
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shall mean an individual that meets any of the following:
(i) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13 and is a transient who must
register for a period of 15 years.
(ii) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13(7.1) and is a transient.
* * *
(c.3) Grading for failure to comply with counseling
requirements.--An individual designated as a sexually violent
predator or sexually violent delinquent child or an individual
who is subject to a counseling requirement under a sex offender
registration statute following conviction of a sexual offense on
or after December 20, 2012, in another jurisdiction commits a
misdemeanor of the first degree if the individual violates
subsection (a.2).
(d) Effect of notice.--Neither failure on the part of the
Pennsylvania State Police to send nor failure of a sexually
violent predator or sexual offender to receive any notice or
information pursuant to 42 Pa.C.S. § 9799.25 shall be a defense
to a prosecution commenced against an individual arising from a
violation of this section. The provisions of 42 Pa.C.S. §
9799.25 are not an element of an offense under this section.
* * *
(e.1) Affirmative defense.--It is an affirmative defense for
a prosecution under this section that the individual acted in
accordance with a court order under 42 Pa.C.S. § 9799.15(a.2)
(relating to period of registration).
(f) 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:
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"Sexual offender." The term shall have the meaning given to
it in 42 Pa.C.S. § 9799.12 (relating to definitions).
* * *
Section 3. Title 18 is amended by adding a section to read:
§ 4915.2. Failure to comply with 42 Pa.C.S. Ch. 97 Subch. I
registration requirements.
(a) Offense defined.--An individual who is subject to
registration under 42 Pa.C.S. § 9799.55(a), (a.1) or (b)
(relating to registration) or who was subject to registration
under former 42 Pa.C.S. § 9793 (relating to registration of
certain offenders for ten years) commits an offense if the
individual knowingly fails to:
(1) register with the Pennsylvania State Police as
required under 42 Pa.C.S. § 9799.56 (relating to registration
procedures and applicability);
(2) verify the individual's residence or be photographed
as required under 42 Pa.C.S. § 9799.60 (relating to
verification of residence); or
(3) provide accurate information when registering under
42 Pa.C.S. § 9799.56 or verifying a residence under 42
Pa.C.S. § 9799.60.
(a.1) Counseling.--The following apply:
(1) An individual who is designated as a sexually
violent predator commits an offense if the individual
knowingly fails to comply with 42 Pa.C.S. § 9799.70 (relating
to counseling of sexually violent predators).
(2) An individual who is subject to a counseling
requirement under a sex offender registration statute
following conviction in another jurisdiction commits an
offense if the individual knowingly fails to comply with that
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requirement, as provided in 42 Pa.C.S. § 9799.56(b)(4)(i).
(b) Grading for offenders who must register for 10 years.--
(1) (Reserved).
(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § 9799.55(a) or
(a.1) or former 42 Pa.C.S. § 9793 and required to register
for a period of 10 years who commits a violation of
subsection (a)(1) or (2) commits a felony of the third
degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9799.55(a) or (a.1) or former 42 Pa.C.S. § 9793 and
required to register for a period of 10 years who commits a
violation of subsection (a)(1) or (2) and who has previously
been convicted of an offense under subsection (a)(1) or (2)
or a similar offense commits a felony of the second degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9799.55(a) or (a.1) or former 42 Pa.C.S. § 9793 and
required to register for a period of 10 years who violates
subsection (a)(3) commits a felony of the second degree.
(c) Grading for sexually violent predators and others with
lifetime registration.--
(1) (Reserved).
(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § 9799.55(b) or
former 42 Pa.C.S. § 9793 and who is subject to lifetime
registration who commits a violation of subsection (a)(1) or
(2) commits a felony of the second degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9799.55(b) or former 42 Pa.C.S. § 9793 and who is
subject to lifetime registration who commits a violation of
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subsection (a)(1) or (2) and who has previously been
convicted of an offense under subsection (a)(1) or (2) or a
similar offense commits a felony of the first degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9799.55(b) or former 42 Pa.C.S. § 9793 and who is
subject to lifetime registration who violates subsection (a)
(3) commits a felony of the first degree.
(c.1) Grading for failure to comply with counseling
requirements.--An individual designated as a sexually violent
predator or an individual who is subject to a counseling
requirement under a sex offender registration statute following
conviction in another jurisdiction who commits a violation of
subsection (a.1) commits a misdemeanor of the first degree.
(d) 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 a notice or information
under 42 Pa.C.S. § 9799.54(b) (relating to applicability) or
9799.60(a.1), (b.1) or (b.3) shall be a defense to a prosecution
commenced against an individual arising from a violation of this
section. The provisions of 42 Pa.C.S. §§ 9799.54(b) and
9799.60(a.1), (b.1) or (b.3) are not an element of an offense
under this section.
(e) Arrests for violation.--
(1) A police officer shall have the same right of arrest
without a warrant as in a felony whenever the police officer
has probable cause to believe an individual has committed a
violation of this section regardless of whether the violation
occurred in the presence of the police officer.
(2) An individual arrested for a violation of this
section shall be afforded a preliminary arraignment by the
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proper issuing authority without unnecessary delay. In no
case may the individual be released from custody without
first having appeared before the issuing authority.
(3) Prior to admitting an individual arrested for a
violation of this section to bail, the issuing authority
shall require all of the following:
(i) The individual must be fingerprinted and
photographed in the manner required by 42 Pa.C.S. Ch. 97
Subch. I (relating to continued registration of sexual
offenders).
(ii) The individual must provide the Pennsylvania
State Police with all current or intended residences, all
information concerning current or intended employment,
including all employment locations, and all information
concerning current or intended enrollment as a student.
If the individual has a residence as defined in paragraph
(2) of the definition of "residence" set forth in 42
Pa.C.S. § 9799.53 (relating to definitions), the
individual must provide the Pennsylvania State Police
with the information required under 42 Pa.C.S. §
9799.56(a)(2)(i)(A), (B) and (C).
(iii) Law enforcement must make reasonable attempts
to verify the information provided by the individual.
(e.1) Affirmative defense.--It is an affirmative defense for
any prosecution under this section that the individual acted in
accordance with a court order under section 9799.59 (relating to
exemption from certain notifications).
(f) Applicability.--This section applies to:
(1) An individual who committed an offense set forth in
42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before
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December 20, 2012, and whose period of registration under 42
Pa.C.S. § 9799.55 has not expired.
(2) An individual who 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.
(3) An individual who, before the effective date of this
paragraph:
(i) Commits an offense subject to 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders);
but
(ii) because of a judicial determination on or after
the effective date of this section of the invalidity of
42 Pa.C.S. Ch. 97 Subch. H, is not subject to
registration as a sexual offender.
(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:
"Sexually violent predator." As defined in 42 Pa.C.S. §
9799.53.
"Similar offense." An offense similar to an offense under
either subsection (a)(1) or (2) under the laws of this
Commonwealth, 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.
Section 4. Sections 2511(a)(11), 6303(b.1)(8)(vii), 6707 and
6338.1(c)(4) of Title 23 are amended to read:
§ 2511. Grounds for involuntary termination.
(a) General rule.--The rights of a parent in regard to a
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child may be terminated after a petition filed on any of the
following grounds:
* * *
(11) The parent is required to register as a sexual
offender under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders) or I (relating to continued
registration of sexual offenders) or to register with a
sexual offender registry in another jurisdiction or foreign
country.
* * *
§ 6303. Definitions.
* * *
(b.1) Child abuse.--The term "child abuse" shall mean
intentionally, knowingly or recklessly doing any of the
following:
* * *
(8) Engaging in any of the following recent acts:
* * *
(vii) Leaving a child unsupervised with an
individual, other than the child's parent, who the actor
knows or reasonably should have known:
(A) Is required to register as a Tier II or Tier
III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders), where
the victim of the sexual offense was under 18 years
of age when the crime was committed.
(B) Has been determined to be a sexually violent
predator under 42 Pa.C.S. § 9799.24 (relating to
assessments) or any of its predecessors.
(C) Has been determined to be a sexually violent
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delinquent child as defined in 42 Pa.C.S. § 9799.12
(relating to definitions).
(D) Has been determined to be a sexually violent
predator under 42 Pa.C.S. § 9799.58 (relating to
assessments) or has to register for life under 42
Pa.C.S. § 9799.55(b) (relating to registration).
* * *
§ 6707. Agency use of designated address.
State and local government agencies shall accept the
substitute address designated on a valid program participation
card issued to the program participant by the Office of Victim
Advocate as the program participant's address except as follows:
(1) when the State or local government agency has been
granted a waiver pursuant to section 6709 (relating to waiver
process); or
(2) when the program participant is any of the
following:
(i) a released offender complying with State or
county probation or parole requirements; or
(ii) a convicted sexual offender who has fulfilled
the offender's sentence but must register the offender's
community residence as required under 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders)
or I (relating to continued registration of sexual
offenders) or any similar registration requirement
imposed by any other jurisdiction.
§ 6338.1. Expunction of information of perpetrator who was
under 18 years of age when child abuse was committed.
* * *
(c) Nonapplicability.--The provisions of this section shall
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not apply to any of the following cases:
* * *
(4) [A sexual offender, as defined in 42 Pa.C.S. §
9799.12, who meets all of the following:] An individual who:
(i) Is required to register under 42 Pa.C.S. Ch. 97
Subch. H or I (relating to continued registration of
sexual offenders) as a result of a criminal conviction
for the same acts which resulted in the sexual offender
being named a perpetrator of child abuse.
(ii) Has not completed the period of registration
required under 42 Pa.C.S. [§ 9799.15 (relating to period
of registration)] Subch. H or I.
Section 5. Sections 9718.1(a) introductory paragraph and
9799.10(4) of Title 42 are amended to read:
§ 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):
* * *
§ 9799.10. Purposes of subchapter.
This subchapter shall be interpreted and construed to
effectuate the following purposes:
* * *
(4) To require individuals who are [currently] subject
to the criminal justice system of this Commonwealth as
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inmates, supervised with respect to probation or parole or
registrants [under this subchapter] 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.
* * *
Section 6. Section 9799.11 heading of Title 42 is amended,
subsection (b) is amended by adding a paragraph and the section
is amended by adding a subsection to read:
§ 9799.11. Legislative findings [and], declaration of policy
and scope.
* * *
(b) Declaration of policy.--The General Assembly declares as
follows:
* * *
(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 WL3882445).
(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.
Section 7. The definitions of "sexual offender," "sexually
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violent delinquent child," "sexually violent offense," "sexually
violent predator" and "transient" in section 9799.12 of Title 42
are amended to read:
§ 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:
* * *
"Sexual offender." An individual [required to register under
this subchapter.] 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 [determined to be
a sexually violent predator under section 9795.4 (relating to
assessments) prior to the effective date of this subchapter or
an individual convicted of an offense] who committed a sexually
violent offense on or after December 20, 2012, for which the
individual was convicted, specified in:
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(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[, on or after the effective date of this subchapter,] 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[. In addition, the term
shall include any person convicted between January 23, 2005, and
December 19, 2012, of any offense set forth in section
9799.13(3.1) (relating to applicability) determined by a court
to be a sexually violent predator due to a mental abnormality or
personality disorder that made the person likely to engage in
predatory sexually violent offenses, which person shall be
deemed a sexually violent predator under this subchapter.] where
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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.
* * *
"Transient." [An individual required to register under this
subchapter] 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.
Section 8. Section 9799.13 of Title 42 is amended to read:
§ 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) [An individual who, on or after the effective date
of this section, is convicted of a sexually violent offense
and who has a residence within this Commonwealth or is a
transient.] A sexual offender who has a residence within this
Commonwealth or is a transient.
(1.1) [An individual who, on or after the effective date
of this section, is convicted of a sexually violent offense
in this Commonwealth and] 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) [An individual who, on or after the effective date
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of this section, is convicted of a sexually violent offense
and] 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) [An individual who, on or after the effective date
of this section, is, as a result of a conviction for a
sexually violent offense,] 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
Pennsylvania Board of Probation and Parole or county
probation or parole, is subject to a sentence of intermediate
punishment or has supervision transferred pursuant to the
Interstate Compact for Adult Supervision in accordance with
section 9799.19(g).
(2.1) [An individual who, on or after the effective date
of this section, is, as a result of a conviction for a
sexually violent offense,] 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) An individual who:
(i) was required to register with the Pennsylvania
State Police pursuant to this subchapter prior to
December 20, 2012, and who had not fulfilled the
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individual's period of registration as of December 20,
2012; or
(ii) was required to register with the Pennsylvania
State Police pursuant to this subchapter prior to
December 20, 2012, and did not register.
(3.1) The following:
(i) An individual who between January 23, 2005, and
December 19, 2012, was:
(A) convicted of a sexually violent offense;
(B) released from a period of incarceration
resulting from a conviction for a sexually violent
offense; or
(C) under the supervision of the Pennsylvania
Board of Probation and Parole or county probation or
parole as a result of a conviction for a sexually
violent offense.
(ii) For purposes of this paragraph, the term
"sexually violent offense" shall have the meaning set
forth in section 9799.12 (relating to definitions),
except that it shall not include:
(A) Convictions:
(I) Under the following provisions of 18
Pa.C.S. (relating to crimes and offenses):
Section 2902(b) (relating to unlawful
restraint).
Section 2903(b) (relating to false
imprisonment).
Section 2904 (relating to interference
with custody of children).
Section 3122.1 (relating to statutory
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sexual assault).
Section 6301 (relating to corruption of
minors).
Section 7507.1 (relating to invasion of
privacy).
(II) For a comparable military offense or
similar offense under the laws of another
jurisdiction or foreign country or under a former
law of this Commonwealth prior to December 8,
2008.
(B) A conviction under 18 Pa.C.S. § 3126
(relating to indecent assault) where the crime is
graded as a misdemeanor of the second degree or where
the conviction occurred between January 22, 2006, and
January 1, 2007, when the crime is graded as a felony
of the third degree.
(3.2) An individual who between December 8, 2008, and
December 19, 2012, was:
(i) convicted of conspiracy or solicitation to
commit a sexually violent offense as defined in
paragraph (3.1);
(ii) released from serving a period of incarceration
resulting from a conviction for conspiracy or
solicitation to commit a sexually violent offense as
defined in paragraph (3.1); or
(iii) under the supervision of the Pennsylvania
Board of Probation and Parole or county probation or
parole as a result of a conviction for conspiracy or
solicitation to commit a sexually violent offense as
defined in paragraph (3.1).]
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(7) [An individual who, on or after the effective date
of this section, is] 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, [on or after the effective date
of this section,] 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
[based upon a conviction of an offense set forth in section
9799.14(b)(23) (relating to sexual offenses and tier system)]
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) [An individual who, on or after the effective date
of this paragraph,] A sexual offender who is convicted [of a
sexually violent offense] in another jurisdiction or foreign
country, or is incarcerated or under supervision as a result
of a conviction [for a sexually violent offense] in another
jurisdiction or foreign country and:
(i) has a residence in this Commonwealth or is a
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transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(8) An individual who, on or after the effective date of
this section, 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 the
effective date of this paragraph 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[, on or after the effective date
of this section,] is a sexually violent delinquent child.
[who is committed for involuntary treatment or, on the
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effective date of this section, is under commitment receiving
involuntary treatment in the State-owned facility or unit as
set forth in Chapter 64 (relating to court-ordered
involuntary treatment of certain sexually violent persons).]
Section 9. Section 9799.14(b)(3) of Title 42 is amended and
subsection (d) is amended by adding a paragraph to read:
§ 9799.14. Sexual offenses and tier system.
* * *
(b) Tier I sexual offenses.--The following offenses shall be
classified as Tier I sexual offenses:
* * *
(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.
* * *
(d) Tier III sexual offenses.--The following offenses shall
be classified as Tier III sexual offenses:
* * *
(17) One conviction of a sexually violent offense and
one conviction of a sexually violent offenses as defined in
section 9799.55 (relating to registration).
Section 10. Section 9799.15(a.1) and (b)(1)(i) and (iv) of
Title 42 are amended and the section is amended by adding a
subsection to read:
§ 9799.15. Period of registration.
* * *
[(a.1) Credit for time on registry.--The following apply:
(1) An individual subject to registration under this
subchapter shall receive credit for any time registered with
the Pennsylvania State Police prior to December 20, 2012.
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(2) An individual subject to registration under this
subchapter shall register with the Pennsylvania State Police
for the period of time set forth in subsection (a), except
that:
(i) An individual registered pursuant to section
9799.13(2), (2.1), (3), (3.1) or (3.2) for a sexually
violent offense shall register for the period set forth
in subsection (a), less any credit for time spent
registered pursuant to this subchapter for that offense
prior to December 20, 2012.
(ii) An individual registered pursuant to section
9799.13(7), (7.1) or (7.2) for a sexually violent offense
shall register for the period set forth in subsection
(a), less any credit as a result of time registered in a
sexual offender registry for that sexually violent
offense in the foreign country or other jurisdiction
where the individual was convicted.
(iii) An individual registered pursuant to section
9799.13(8), (8.1) or (8.2) as a result of an adjudication
of delinquency occurring in a foreign country or other
jurisdiction shall register for the period set forth in
subsection (a), less any credit as a result of time
registered in a sexual offender registry in the foreign
country or other jurisdiction where the individual was
adjudicated delinquent.]
(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
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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
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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
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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 [convicted of] 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
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period of incarceration.
* * *
(iv) For an individual who [is convicted of]
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.
* * *
Section 11. Section 9799.16(a) of Title 42 is amended by
adding a paragraph to read:
§ 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
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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)
* * *
Section 12. Section 9799.19(b), (b.1), (c), (d), (e), (e.1),
(e.2), (f), (g), (i)(3) and (j) of Title 42 are amended and the
section is amended by adding subsections to read:
§ 9799.19. Initial registration.
* * *
[(b) Initial registration if incarcerated within
Commonwealth or by Federal Court on effective date of section.--
The following apply:
(1) If the individual is, prior to the effective date of
this section, incarcerated in a Federal, State or county
correctional facility, the individual shall provide the
information set forth in section 9799.16(b) (relating to
registry) to the appropriate official of the Federal, State
or county correctional facility or the Pennsylvania Board of
Probation and Parole 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 ten days
prior to the maximum expiration date;
(ii) parole;
(iii) State or county intermediate punishment where
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the sentence is restrictive and the individual is
sentenced to a period of incarceration in a State or
county correctional institution or a work release
facility; or
(iv) special probation supervised by the
Pennsylvania Board of Probation and Parole.
(2) For individuals set forth in paragraph (1), the
appropriate official of the Federal, State or county
correctional facility or the Pennsylvania Board of Probation
and Parole shall collect and forward the information in
section 9799.16(b) 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. The information
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
it receives verification from the Pennsylvania State Police
that it has received the information set forth 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
set forth in section 9799.16(b), the State or county
correctional institution 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.
(b.1) Initial registration if sentenced to a county or State
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correctional facility on or after the effective date of
section.--If the individual is, on or after the effective date
of this section, sentenced to a period of incarceration in a
county or State correctional facility, the individual shall
provide the information set forth 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 set forth 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 set forth in 9799.16(c) is collected and
forwarded to the Pennsylvania State Police. The information
in section 9799.16(b) and (c) shall be included in the
registry.
(2) If the individual is incarcerated in a State
correctional facility 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 ten days prior to, the individual's release from the
correctional facility. The following apply:
(i) The correctional facility shall ensure that the
information set forth 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
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shall collect the information set forth 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 set forth in section
9799.16(b) and (c) on file with the Pennsylvania State
Police.
(iv) In the case of parole, 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
institution or work release facility or special probation
supervised by the Pennsylvania Board of Probation and
Parole, 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
set forth 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 institution due to
the expiration of sentence and the individual refuses to
provide the information set forth in section 9799.16(b),
the State or county correctional institution 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.
(c) Initial registration if sentenced to county intermediate
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punishment on effective date of section.--If the individual is,
on the effective date of this section, 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
set forth in section 9799.16(b) by appearing at an approved
registration site within 48 hours of the effective date of this
section. The appropriate official of the county office of
probation and parole shall ensure that the individual has
appeared at an approved registration site as set forth 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 set forth in section
9799.16(c) with respect to the individual is collected and
entered in the registry.
(d) Initial registration if sentenced to county intermediate
punishment after effective date of section.--If the individual
is, after the effective date of this section, 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 set forth 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
set forth 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
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Police. The Pennsylvania State Police shall ensure 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 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 set forth 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 set forth 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 set
forth in section 9799.16(c) with respect to the individual is
collected and entered in the registry.
(e) Initial registration if sentenced to county probation on
or after effective date of section.--If the individual is, on or
after the effective date of this section, sentenced to county
probation, the individual shall provide the information set
forth 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 set forth 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
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ensure the information set forth in section 9799.16(c) with
respect to the individual is collected and entered in the
registry.
(e.1) Initial registration for county or Federal
probationers on the effective date of this section.--
(1) If the individual is, on the effective date of this
section, already 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 set forth in section 9799.16(b) and forward that
information to the Pennsylvania State Police. The
Pennsylvania State Police shall ensure that the information
set forth in section 9799.16(c) is collected. The information
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, on the effective date of this
section, already under the supervision of Federal probation
authorities for a sexually violent offense, the individual
shall provide the information set forth in section 9799.16(b)
by appearing at an approved registration site within 48 hours
of the effective date of this section.
(e.2) Initial registration for county or State parolees on
the effective date of this section.--
(1) If the individual is, on the effective date of this
section, already serving a sentence of county parole, the
appropriate office of probation and parole serving the county
shall register the individual within 48 hours. The
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appropriate official of that office shall collect the
information set forth in section 9799.16(b) and forward that
information to the Pennsylvania State Police. The
Pennsylvania State Police shall ensure that the information
set forth in section 9799.16(c) is collected. The information
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, on the effective date of this
section, already serving a sentence of State parole, the
Pennsylvania Board of Probation and Parole shall register the
individual within 48 hours. The appropriate official of the
Pennsylvania Board of Probation and Parole shall collect the
information set forth 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 set forth in section 9799.16(c) is collected.
The information in section 9799.16(b) and (c) shall be
included in the registry. If the individual fails to comply,
the appropriate official of the Pennsylvania Board of
Probation and Parole shall notify the Pennsylvania State
Police.]
(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 State Board of Probation and Parole or
the county office of probation and parole pursuant to the
Interstate Compact for Adult Offender Supervision, the following
apply:
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(1) If the individual is being supervised under the
compact [after the effective date of this section,] 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) to the appropriate official
of the State Board of Probation and Parole 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 State Board of Probation and Parole or county
office of probation and parole shall notify the Pennsylvania
State Police.
[(2) If the individual is being supervised under the
compact on the effective date of this section, the individual
shall provide the information set forth in section 9799.16(b)
by appearing at an approved registration site within 48 hours
of the effective date of this section. The appropriate
official of the Pennsylvania Board of Probation and Parole or
the county office of probation and parole shall ensure that
the individual has appeared at an approved registration site
as set forth in this paragraph. If the individual fails to
appear, the appropriate official shall notify the
Pennsylvania State Police. The appropriate official shall, in
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addition, ensure the information set forth in section
9799.16(c) is collected and forwarded to the Pennsylvania
State Police.]
(g) Supervision of individual convicted in Commonwealth who
does not intend to reside in Commonwealth.--[On or after the
effective date of this section, an individual convicted of] 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.
* * *
(i) Initial registration if convicted or adjudicated
delinquent outside Commonwealth.--
* * *
(3) If the individual is[, on or after the effective
date of this section,] 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
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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.--An individual subject to
registration under section 9799.13(3) shall appear at an
approved registration site to update registration or, if
necessary, to provide the information set forth in section
9799.16(b) to the Pennsylvania State Police within 90 days of
the effective date of this section. 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, 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.]
(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)
(relating to registry) to the appropriate official of the
Federal, State or county correctional facility or the
Pennsylvania Board of Probation and Parole 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
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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
Pennsylvania Board of Probation and Parole.
(2) For individuals described in paragraph (1), the
appropriate official of the Federal, State or county
correctional facility or the Pennsylvania Board of Probation
and Parole shall collect and forward the information 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.
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(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
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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 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 work release facility or special probation
supervised by the Pennsylvania Board of Probation and
Parole, 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
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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
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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
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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 the effective date of this section.
(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
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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
Pennsylvania Board of Probation and Parole shall register the
individual within 48 hours. The appropriate official of the
Pennsylvania Board 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 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 Pennsylvania Board of
Probation and Parole shall notify the Pennsylvania State
Police.
Section 13. Section 9799.23(b)(2) of Title 42 is amended to
read:
§ 9799.23. Court notification and classification requirements.
* * *
(b) Mandatory registration.--All sexual offenders must
register in accordance with this subchapter. The following
apply:
* * *
(2) Except as provided in [section] sections
9799.15(a.2) (relating to period of registration) and 9799.17
(relating to termination of period of registration for
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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.
Section 14. Sections 9799.25(b)(2) and (3), (c)(1) and (f)
(1) and 9799.26(a)(1) of Title 42 are amended and the sections
are amended by adding subsections to read:
§ 9799.25. Verification by sexual offenders and Pennsylvania
State Police.
* * *
(a.1) Alternate requirements regarding verification.--The
following apply to an individual required to appear in person
under subsection (a)(2) or (a)(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
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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:
* * *
(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
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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).
* * *
(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
[chapter] subchapter and Subchapter I (relating to continued
registration of sexual offenders) as sexually violent
predators.
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* * *
§ 9799.26. Victim notification.
(a) Duty to inform victim.--
(1) If an [offender] 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
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or sexually violent delinquent child is enrolled as a
student.
* * *
(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.
Section 15. Section 9799.31(13) of Title 42 is amended to
read:
§ 9799.31. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
* * *
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(13) The Department of [Public Welfare] Human Services
and its agents and employees.
* * *
Section 16. Section 9799.32(6) of Title 42 is amended and
the section is amended by adding a paragraph to read:
§ 9799.32. Pennsylvania State Police.
The Pennsylvania State Police have the following duties:
* * *
(6) To facilitate verification of information from
individuals [required to register under this subchapter]
under section 9799.13 (relating to applicability) as provided
in section 9799.25 (relating to verification by sexual
offenders and Pennsylvania State Police).
* * *
(10) To develop the telephonic verification system
established under section 9799.25 (relating to verification
by sexual offenders and Pennsylvania State Police).
Section 17. Sections 9799.34(1), 9799.36(b), 9799.38(a)(1)
and (2) and 9799.39 of Title 42 are amended to read:
§ 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 [required to register under this subchapter]
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specified in section 9799.13 (relating to applicability)
before the individual is released from confinement or
commitment or is discharged.
* * *
§ 9799.36. Counseling of sexually violent predators.
* * *
(b) Designation in another jurisdiction.--If an individual
[required to register under this subchapter] 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.
* * *
§ 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 Pennsylvania Board of
Probation and Parole, 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
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Police, the Pennsylvania Board of Probation and Parole, 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
following the effective date of this section.
* * *
§ 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.
Section 18. Title 42 is amended by adding a section to read:
§ 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.
Section 19. Chapter 97 of Title 42 is amended by adding a
subchapter to read:
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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 Pennsylvania Board of Probation and Parole.
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.
§ 9799.51. Legislative findings and declaration of policy.
(a) Legislative findings.--It is hereby determined and
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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.
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(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.
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Butler (2017 WL3882445).
§ 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.
§ 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
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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.
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"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), is 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
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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
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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, 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. 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.
§ 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
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in section 9799.55 (relating to registration), as of the
effective date of this section, 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 the effective
date of this section.
(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 Pennsylvania
Board of Probation and Parole 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
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former law of this Commonwealth or who was court martialed
for a similar offense and who, as of the effective date of
this section, 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 Rice, a foreign nation
or with the Pennsylvania State Police prior to the effective
date of this section.
(b) Initial registration.--Individuals required to register
under this section shall have 90 days from the effective date of
this section 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 the effective date of this
section. 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.
§ 9799.55. Registration.
(a) Ten-year registration.--Except as provided under
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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
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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:
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(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 (relating to incest) 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.
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(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
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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. § 6124(c)
(relating to certain offenders residing in group-based
homes).
§ 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
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(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
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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 Board of Probation
and Parole or the court or is sentenced to probation or
intermediate punishment, 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
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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
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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
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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
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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
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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
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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
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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.
§ 9799.57. Sentencing court information.
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The sentencing court shall inform offenders and sexually
violent predators convicted on or after the effective date of
this section 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
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(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
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duty.
§ 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.
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(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 Board of Probation and Parole 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
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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
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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 Board of Probation
and Parole, 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 Board of Probation
and Parole may request of the board an assessment of an offender
or sexually violent predator be conducted and provide a report
to the Pennsylvania Board of Probation and Parole 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
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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.
§ 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
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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
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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
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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).
§ 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
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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
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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
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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
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failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration
of sexual offenders 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.
§ 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
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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
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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.
§ 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
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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
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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.
§ 9799.63. Information made available on Internet and
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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
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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
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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 of Pennsylvania.
(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
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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.
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(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).
§ 9799.64. Administration.
The Governor shall direct the Pennsylvania State Police, the
Pennsylvania Board of Probation and Parole, the State Sexual
Offenders Assessment Board, the Department of Corrections, the
Department of Transportation and any other agency of this
Commonwealth 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.
§ 9799.65. Global positioning system technology.
The Pennsylvania Board of Probation and Parole and county
probation authorities may impose supervision conditions that
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include offender tracking through global positioning system
technology.
§ 9799.66. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
(1) The Pennsylvania State Police and local law
enforcement agencies and employees of 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 a
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 Board of Probation and Parole 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/operators
of registered family day-care homes, and their agents and
employees.
(9) The Pennsylvania Department of Corrections and its
agents and employees.
(10) County correctional facilities and their agents and
employees.
(11) Members of the Sexual Offenders Assessment Board
and its agents and employees.
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(12) The unit owners' association of a common interest
community and its agents and employees as it relates to
distributing information regarding sexually violent predators
obtained under section 9799.62(b)(1) (relating to other
notification).
§ 9799.67. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall:
(1) Create and maintain a State registry of offenders
and sexually violent predators required to register under
this subchapter. The registry shall be incorporated as part
of the registry established under Subchapter H (relating to
registration of sexual offenders).
(2) In consultation with the Department of Corrections,
the Office of Attorney General, the Pennsylvania Board of
Probation and Parole and the chairperson and the minority
chairperson of the Judiciary Committee of the Senate and the
chairperson and the minority chairperson of the Judiciary
Committee of the House of Representatives, promulgate
guidelines necessary for the general administration of this
subchapter. These guidelines shall establish procedures to
allow an individual subject to the requirements of sections
9799.55 (relating to registration) and 9799.60 (relating to
verification of residence) to fulfill these requirements at
approved registration sites throughout this Commonwealth.
This paragraph includes the duty to establish procedures to
allow an individual who has a residence as defined in
paragraph (2) of the definition of "residence" in section
9799.53 (relating to definitions) to fulfill the requirements
regarding registration at approved registration sites
throughout this Commonwealth. The Pennsylvania State Police
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shall publish a list of approved registration sites in the
Pennsylvania Bulletin and provide a list of approved
registration sites in any notices sent to individuals
required to register under section 9799.55. An approved
registration site shall be capable of submitting
fingerprints, photographs and 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 the form as the Pennsylvania State
Police shall require. The Pennsylvania State Police shall
require that approved registration sites submit photographs
utilizing the Commonwealth Photo Imaging Network or in
another manner and in the 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 specified in this paragraph.
(3) Write regulations regarding neighbor notification of
the current residence of sexually violent predators.
(4) Notify, within five business days of receiving the
offender's or the sexually violent predator's registration,
the chief law enforcement officers of the police departments
having primary jurisdiction of the municipalities in which an
offender or sexually violent predator has a residence, is
employed or enrolled as a student of the fact that the
offender or sexually violent predator has been registered
with the Pennsylvania State Police under sections 9799.56
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(relating to registration procedures and applicability) and
9799.60.
(5) In consultation with the Department of Education and
the Pennsylvania Board of Probation and Parole, 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 9799.62
(relating to other notification).
(6) Immediately transfer the information received from
the Pennsylvania Board of Probation and Parole under section
9799.68(2) and (3) (relating to duties of Pennsylvania Board
of Probation and Parole) and the fingerprints of a sexually
violent predator to the Federal Bureau of Investigation.
(7) Notify individuals of the requirements under this
subchapter, as specified in section 9799.54 (relating to
applicability).
§ 9799.68. Duties of Pennsylvania Board of Probation and
Parole.
The Pennsylvania Board of Probation and Parole shall:
(1) Create a notification form which will inform State
and county prison and probation and parole personnel how to
inform offenders and sexually violent predators required to
register under this subchapter of their duty under the law.
(2) In cooperation with the Department of Corrections
and other Commonwealth agencies, obtain the following
information regarding offenders and sexually violent
predators:
(i) Name, including aliases.
(ii) Identifying factors.
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(iii) Anticipated future residence.
(iv) Offense history.
(v) Documentation of treatment received for the
mental abnormality or personality disorder.
(vi) Photograph of the offender or sexually violent
predator.
(3) Immediately transmit the information in paragraph
(2) to the Pennsylvania State Police for immediate entry into
the State registry of offenders and sexually violent
predators and the criminal history record of the individual
as provided in 18 Pa.C.S. Ch. 91 (relating to criminal
history record information).
(4) 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 satellite global positioning system technology.
§ 9799.69. Board.
(a) Composition.--The State Sexual Offenders Assessment
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 per annum.
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(e) Staff.--Support staff for the board shall be provided by
the Pennsylvania Board of Probation and Parole.
§ 9799.70. Counseling of sexually violent predators.
For the period of registration required by section 9799.55(b)
(relating to registration), a sexually violent predator 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 person cannot afford to pay for the counseling
sessions, that person shall still attend the counseling sessions
and the parole office shall pay the requisite fees.
§ 9799.71. Exemption from notification for certain licensees
and their employees.
Nothing in this subchapter shall be construed as imposing a
duty upon a person or an employee of a person licensed under the
act of February 19, 1980 (P.L.15, No.9), known as the Real
Estate Licensing and Registration Act, to disclose information
regarding:
(1) a sexually violent predator; or
(2) an individual who is transferred to this
Commonwealth under the Interstate Compact for the Supervision
of Adult Offenders or the Interstate Compact for Juveniles.
§ 9799.72. Annual performance audit.
(a) Duties of Attorney General.--The Attorney General shall:
(1) Conduct a performance audit annually to determine
compliance with the requirements of this subchapter and
guidelines promulgated under this subchapter. The audit
shall, at a minimum, include a review of the practices,
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procedures and records of the Pennsylvania State Police, the
Pennsylvania Board of Probation and Parole, the Department of
Corrections, the State Sexual Offenders Assessment 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) Prepare an annual report of its findings and actions
it recommends be taken by the Pennsylvania State Police, the
Pennsylvania Board of Probation and Parole, the Department of
Corrections, the State Sexual Offenders Assessment Board, the
Administrative Office of Pennsylvania Courts, other State or
local agencies and the General Assembly to ensure compliance
with this subchapter. The first report shall be released to
the general public not less than 18 months following the
effective date of this section.
(3) Provide a copy of its report to the Pennsylvania
State Police, the Pennsylvania Board of Probation and Parole,
the Department of Corrections, the State Sexual Offenders
Assessment Board, the Administrative Office of Pennsylvania
Courts, State or local agencies referenced therein, the
chairperson and the minority chairperson of the Judiciary
Committee of the Senate and the chairperson and the minority
chairperson of the Judiciary Committee of the House of
Representatives no less than 30 days prior to the report's
release to the general public.
(b) Cooperation required.--Notwithstanding any other
provision of law to the contrary, the Pennsylvania State Police,
the Pennsylvania Board of Probation and Parole, the Department
of Corrections, the State Sexual Offenders Assessment Board, the
Administrative Office of Pennsylvania Courts, the Pennsylvania
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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 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.
§ 9799.73. Photographs and fingerprinting.
An individual subject to section 9799.55 (relating to
registration) shall submit to fingerprinting and photographing
as required by this subchapter at approved registration sites.
Fingerprinting as required by this subchapter shall, at a
minimum, require submission of a full set of fingerprints.
Photographing as required by this subchapter shall, at a
minimum, require submission to photographs of the face and
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.
§ 9799.74. Standing for Pennsylvania State Police.
Except for petitions filed under section 9799.59(a) (relating
to exemptions from certain notifications), 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.
§ 9799.75. Construction of subchapter.
(a) Registration.--Nothing in this subchapter shall be
construed to relieve an individual from the obligation to
register with the Pennsylvania State Police under Subchapter I
if the individual:
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(1) committed a sexually violent offense within this
Commonwealth or committed an 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 which is similar or
equivalent to a sexually violent offense, or who was court
martialed for a similar or equivalent offense, whether or not
the offense is designated as a sexually violent offense; and
(2) was required to register with the Pennsylvania State
Police under a former sexual offender registration law of
this Commonwealth that was enacted before December 20, 2012,
or would have been required to register with the Pennsylvania
State Police under Act 152 of 2004.
(b) Reregistration.--Nothing in this subchapter shall be
construed to require an individual who had previously registered
with the Pennsylvania State Police for a sexually violent
offense prior to July 9, 2000, to reregister under this
subchapter if the individual's registration requirements were
satisfied.
Section 20. This act applies as follows:
(1) The amendment of 18 Pa.C.S. § 4915.1 and 42 Pa.C.S.
Ch. 97 Subch. H shall apply to an individual who commits an
offense on or after December 20, 2012.
(2) The addition of 18 Pa.C.S. § 4915.2 and 42 Pa.C.S.
Ch. 97 Subch. I shall apply to:
(i) An individual who committed an offense set forth
in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but
before December 20, 2012, and whose period of
registration as set forth in 42 Pa.C.S. § 9799.55 has not
expired.
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(ii) An individual required to register with the
Pennsylvania State Police under a former sexual offender
registration law of this Commonwealth as set forth in 42
Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4).
(iii) An individual who, before or after the
effective date of this paragraph:
(A) Commits an offense subject to 42 Pa.C.S.
Subch. H; but
(B) because of a judicial determination on or
after the effective date of this section of the
invalidity of 42 Pa.C.S. Subch. H, is not subject to
registration as a sexual offender.
Section 21. The amendment or addition of 42 Pa.C.S. §§
9799.25(f) and 9799.55(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. This act shall take effect immediately.
SECTION 1. SECTIONS 3130, 3141 AND 4915.1(A.2)(2), (B)(4),
(C.1)(4), (C.3), (D), (E.1) AND (F) OF TITLE 18 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, AMENDED FEBRUARY 21, 2018
(P.L.27, NO.10), ARE REENACTED TO READ:
§ 3130. CONDUCT RELATING TO SEX OFFENDERS.
(A) OFFENSE DEFINED.--A PERSON COMMITS A FELONY OF THE THIRD
DEGREE IF THE PERSON HAS REASON TO BELIEVE THAT A SEX OFFENDER
IS NOT COMPLYING WITH OR HAS NOT COMPLIED WITH THE REQUIREMENTS
OF THE SEX OFFENDER'S PROBATION OR PAROLE, IMPOSED BY STATUTE OR
COURT ORDER, OR WITH THE REGISTRATION REQUIREMENTS OF 42 PA.C.S.
CH. 97 SUBCH. H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS)
OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS),
AND THE PERSON, WITH THE INTENT TO ASSIST THE SEX OFFENDER IN
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ELUDING A LAW ENFORCEMENT AGENT OR AGENCY THAT IS SEEKING TO
FIND THE SEX OFFENDER TO QUESTION THE SEX OFFENDER ABOUT, OR TO
ARREST THE SEX OFFENDER FOR, NONCOMPLIANCE WITH THE REQUIREMENTS
OF THE SEX OFFENDER'S PROBATION OR PAROLE OR THE REQUIREMENTS OF
42 PA.C.S. CH. 97 SUBCH. H OR I:
(1) WITHHOLDS INFORMATION FROM OR DOES NOT NOTIFY THE
LAW ENFORCEMENT AGENT OR AGENCY ABOUT THE SEX OFFENDER'S
NONCOMPLIANCE WITH THE REQUIREMENTS OF PAROLE, THE
REQUIREMENTS OF 42 PA.C.S. CH. 97 SUBCH. H OR I OR, IF KNOWN,
THE SEX OFFENDER'S WHEREABOUTS;
(2) HARBORS OR ATTEMPTS TO HARBOR OR ASSIST ANOTHER
PERSON IN HARBORING OR ATTEMPTING TO HARBOR THE SEX OFFENDER;
(3) CONCEALS OR ATTEMPTS TO CONCEAL, OR ASSISTS ANOTHER
PERSON IN CONCEALING OR ATTEMPTING TO CONCEAL, THE SEX
OFFENDER; OR
(4) PROVIDES INFORMATION TO THE LAW ENFORCEMENT AGENT OR
AGENCY REGARDING THE SEX OFFENDER WHICH THE PERSON KNOWS TO
BE FALSE.
(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "SEX
OFFENDER" MEANS A PERSON WHO IS REQUIRED TO REGISTER WITH THE
PENNSYLVANIA STATE POLICE PURSUANT TO THE PROVISIONS OF 42
PA.C.S. CH. 97 SUBCH. H OR I.
§ 3141. GENERAL RULE.
A PERSON:
(1) CONVICTED UNDER SECTION 3121 (RELATING TO RAPE),
3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT), 3123 (RELATING
TO INVOLUNTARY DEVIATE SEXUAL INTERCOURSE), 3124.1 (RELATING
TO SEXUAL ASSAULT), 3125 (RELATING TO AGGRAVATED INDECENT
ASSAULT) OR 3126 (RELATING TO INDECENT ASSAULT); OR
(2) REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE
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POLICE UNDER 42 PA.C.S. CH. 97 SUBCH. H (RELATING TO
REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED
REGISTRATION OF SEXUAL OFFENDERS);
MAY BE REQUIRED TO FORFEIT PROPERTY RIGHTS IN ANY PROPERTY OR
ASSETS USED TO IMPLEMENT OR FACILITATE COMMISSION OF THE CRIME
OR CRIMES OF WHICH THE PERSON HAS BEEN CONVICTED. THE FORFEITURE
SHALL BE CONDUCTED IN ACCORDANCE WITH 42 PA.C.S. §§ 5803
(RELATING TO ASSET FORFEITURE), 5805 (RELATING TO FORFEITURE
PROCEDURE), 5806 (RELATING TO MOTION FOR RETURN OF PROPERTY),
5807 (RELATING TO RESTRICTIONS ON USE), 5807.1 (RELATING TO
PROHIBITION ON ADOPTIVE SEIZURES) AND 5808 (RELATING TO
EXCEPTIONS).
§ 4915.1. FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS.
* * *
(A.2) COUNSELING.--THE FOLLOWING APPLY:
* * *
(2) AN INDIVIDUAL WHO IS SUBJECT TO A COUNSELING
REQUIREMENT UNDER A SEX OFFENDER REGISTRATION STATUTE
FOLLOWING CONVICTION IN ANOTHER JURISDICTION WHERE THE
REQUIREMENT IS BASED ON THE COMMITMENT OF AN OFFENSE ON OR
AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS
CONVICTED, COMMITS AN OFFENSE IF THE INDIVIDUAL KNOWINGLY
FAILS TO COMPLY WITH 42 PA.C.S. § 9799.36.
(B) GRADING FOR SEXUAL OFFENDERS WHO MUST REGISTER FOR 15
YEARS OR WHO MUST REGISTER PURSUANT TO 42 PA.C.S. §
9799.13(7.1).--
* * *
(4) FOR THE PURPOSES OF THIS SUBSECTION, AN INDIVIDUAL
SHALL MEAN AN INDIVIDUAL THAT MEETS ANY OF THE FOLLOWING:
(I) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION
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UNDER 42 PA.C.S. § 9799.13 AND IS REQUIRED TO REGISTER
FOR A PERIOD OF 15 YEARS.
(II) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION
UNDER 42 PA.C.S. § 9799.13(7.1).
* * *
(C.1) GRADING FOR SEXUAL OFFENDERS WHO ARE TRANSIENTS WHO
MUST REGISTER FOR 15 YEARS.--
* * *
(4) FOR THE PURPOSES OF THIS SUBSECTION, AN INDIVIDUAL
SHALL MEAN AN INDIVIDUAL THAT MEETS ANY OF THE FOLLOWING:
(I) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION
UNDER 42 PA.C.S. § 9799.13 AND IS A TRANSIENT WHO MUST
REGISTER FOR A PERIOD OF 15 YEARS.
(II) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION
UNDER 42 PA.C.S. § 9799.13(7.1) AND IS A TRANSIENT.
* * *
(C.3) GRADING FOR FAILURE TO COMPLY WITH COUNSELING
REQUIREMENTS.--AN INDIVIDUAL DESIGNATED AS A SEXUALLY VIOLENT
PREDATOR OR SEXUALLY VIOLENT DELINQUENT CHILD OR AN INDIVIDUAL
WHO IS SUBJECT TO A COUNSELING REQUIREMENT UNDER A SEX OFFENDER
REGISTRATION STATUTE FOLLOWING CONVICTION OF A SEXUAL OFFENSE ON
OR AFTER DECEMBER 20, 2012, IN ANOTHER JURISDICTION COMMITS A
MISDEMEANOR OF THE FIRST DEGREE IF THE INDIVIDUAL VIOLATES
SUBSECTION (A.2).
(D) EFFECT OF NOTICE.--NEITHER FAILURE ON THE PART OF THE
PENNSYLVANIA STATE POLICE TO SEND NOR FAILURE OF A SEXUALLY
VIOLENT PREDATOR OR SEXUAL OFFENDER TO RECEIVE ANY NOTICE OR
INFORMATION PURSUANT TO 42 PA.C.S. § 9799.25 SHALL BE A DEFENSE
TO A PROSECUTION COMMENCED AGAINST AN INDIVIDUAL ARISING FROM A
VIOLATION OF THIS SECTION. THE PROVISIONS OF 42 PA.C.S. §
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9799.25 ARE NOT AN ELEMENT OF AN OFFENSE UNDER THIS SECTION.
* * *
(E.1) AFFIRMATIVE DEFENSE.--IT IS AN AFFIRMATIVE DEFENSE FOR
A PROSECUTION UNDER THIS SECTION THAT THE INDIVIDUAL ACTED IN
ACCORDANCE WITH A COURT ORDER UNDER 42 PA.C.S. § 9799.15(A.2).
(F) 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:
"SEXUAL OFFENDER." THE TERM SHALL HAVE THE MEANING GIVEN TO
IT IN 42 PA.C.S. § 9799.12 (RELATING TO DEFINITIONS).
"SEXUALLY VIOLENT DELINQUENT CHILD." THE TERM SHALL HAVE THE
MEANING GIVEN TO IT IN 42 PA.C.S. § 9799.12 (RELATING TO
DEFINITIONS).
"SEXUALLY VIOLENT PREDATOR." THE TERM SHALL HAVE THE MEANING
GIVEN TO IT IN 42 PA.C.S. § 9799.12 (RELATING TO DEFINITIONS).
"SIMILAR OFFENSE." AN OFFENSE SIMILAR TO AN OFFENSE UNDER
EITHER SUBSECTION (A)(1) OR (2) UNDER THE LAWS OF THIS
COMMONWEALTH, ANOTHER JURISDICTION OR A FOREIGN COUNTRY OR A
MILITARY OFFENSE, AS DEFINED IN 42 PA.C.S. § 9799.12 (RELATING
TO DEFINITIONS).
"TRANSIENT." THE TERM SHALL HAVE THE MEANING GIVEN TO IT IN
42 PA.C.S. § 9799.12 (RELATING TO DEFINITIONS).
SECTION 2. SECTION 4915.2 OF TITLE 18, ADDED FEBRUARY 21,
2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 4915.2. FAILURE TO COMPLY WITH 42 PA.C.S. CH. 97 SUBCH. I
REGISTRATION REQUIREMENTS.
(A) OFFENSE DEFINED.--AN INDIVIDUAL WHO IS SUBJECT TO
REGISTRATION UNDER 42 PA.C.S. § 9799.55(A), (A.1) OR (B)
(RELATING TO REGISTRATION) OR WHO WAS SUBJECT TO REGISTRATION
UNDER FORMER 42 PA.C.S. § 9793 (RELATING TO REGISTRATION OF
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CERTAIN OFFENDERS FOR TEN YEARS) COMMITS AN OFFENSE IF THE
INDIVIDUAL KNOWINGLY FAILS TO:
(1) REGISTER WITH THE PENNSYLVANIA STATE POLICE AS
REQUIRED UNDER 42 PA.C.S. § 9799.56 (RELATING TO REGISTRATION
PROCEDURES AND APPLICABILITY);
(2) VERIFY THE INDIVIDUAL'S RESIDENCE OR BE PHOTOGRAPHED
AS REQUIRED UNDER 42 PA.C.S. § 9799.60 (RELATING TO
VERIFICATION OF RESIDENCE); OR
(3) PROVIDE ACCURATE INFORMATION WHEN REGISTERING UNDER
42 PA.C.S. § 9799.56 OR VERIFYING A RESIDENCE UNDER 42
PA.C.S. § 9799.60.
(A.1) COUNSELING.--THE FOLLOWING APPLY:
(1) AN INDIVIDUAL WHO IS DESIGNATED AS A SEXUALLY
VIOLENT PREDATOR COMMITS AN OFFENSE IF THE INDIVIDUAL
KNOWINGLY FAILS TO COMPLY WITH 42 PA.C.S. § 9799.70 (RELATING
TO COUNSELING OF SEXUALLY VIOLENT PREDATORS).
(2) AN INDIVIDUAL WHO IS SUBJECT TO A COUNSELING
REQUIREMENT UNDER A SEX OFFENDER REGISTRATION STATUTE
FOLLOWING CONVICTION IN ANOTHER JURISDICTION COMMITS AN
OFFENSE IF THE INDIVIDUAL KNOWINGLY FAILS TO COMPLY WITH THAT
REQUIREMENT, AS PROVIDED IN 42 PA.C.S. § 9799.56(B)(4)(I).
(B) GRADING FOR OFFENDERS WHO MUST REGISTER FOR 10 YEARS.--
(1) (RESERVED).
(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), AN INDIVIDUAL
SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9799.55(A) OR
(A.1) OR FORMER 42 PA.C.S. § 9793 AND REQUIRED TO REGISTER
FOR A PERIOD OF 10 YEARS WHO COMMITS A VIOLATION OF
SUBSECTION (A)(1) OR (2) COMMITS A FELONY OF THE THIRD
DEGREE.
(3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
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PA.C.S. § 9799.55(A) OR (A.1) OR FORMER 42 PA.C.S. § 9793 AND
REQUIRED TO REGISTER FOR A PERIOD OF 10 YEARS WHO COMMITS A
VIOLATION OF SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY
BEEN CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OR (2)
OR A SIMILAR OFFENSE COMMITS A FELONY OF THE SECOND DEGREE.
(4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
PA.C.S. § 9799.55(A) OR (A.1) OR FORMER 42 PA.C.S. § 9793 AND
REQUIRED TO REGISTER FOR A PERIOD OF 10 YEARS WHO VIOLATES
SUBSECTION (A)(3) COMMITS A FELONY OF THE SECOND DEGREE.
(C) GRADING FOR SEXUALLY VIOLENT PREDATORS AND OTHERS WITH
LIFETIME REGISTRATION.--
(1) (RESERVED).
(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), AN INDIVIDUAL
SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9799.55(B) OR
FORMER 42 PA.C.S. § 9793 AND WHO IS SUBJECT TO LIFETIME
REGISTRATION WHO COMMITS A VIOLATION OF SUBSECTION (A)(1) OR
(2) COMMITS A FELONY OF THE SECOND DEGREE.
(3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
PA.C.S. § 9799.55(B) OR FORMER 42 PA.C.S. § 9793 AND WHO IS
SUBJECT TO LIFETIME REGISTRATION WHO COMMITS A VIOLATION OF
SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN
CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A
SIMILAR OFFENSE COMMITS A FELONY OF THE FIRST DEGREE.
(4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
PA.C.S. § 9799.55(B) OR FORMER 42 PA.C.S. § 9793 AND WHO IS
SUBJECT TO LIFETIME REGISTRATION WHO VIOLATES SUBSECTION (A)
(3) COMMITS A FELONY OF THE FIRST DEGREE.
(C.1) GRADING FOR FAILURE TO COMPLY WITH COUNSELING
REQUIREMENTS.--AN INDIVIDUAL DESIGNATED AS A SEXUALLY VIOLENT
PREDATOR OR AN INDIVIDUAL WHO IS SUBJECT TO A COUNSELING
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REQUIREMENT UNDER A SEX OFFENDER REGISTRATION STATUTE FOLLOWING
CONVICTION IN ANOTHER JURISDICTION WHO COMMITS A VIOLATION OF
SUBSECTION (A.1) COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
(D) 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 A NOTICE OR INFORMATION
UNDER 42 PA.C.S. § 9799.54(B) (RELATING TO APPLICABILITY) OR
9799.60(A.1), (B.1) OR (B.3) SHALL BE A DEFENSE TO A PROSECUTION
COMMENCED AGAINST AN INDIVIDUAL ARISING FROM A VIOLATION OF THIS
SECTION. THE PROVISIONS OF 42 PA.C.S. §§ 9799.54(B) AND
9799.60(A.1), (B.1) OR (B.3) ARE NOT AN ELEMENT OF AN OFFENSE
UNDER THIS SECTION.
(E) ARRESTS FOR VIOLATION.--
(1) A POLICE OFFICER SHALL HAVE THE SAME RIGHT OF ARREST
WITHOUT A WARRANT AS IN A FELONY WHENEVER THE POLICE OFFICER
HAS PROBABLE CAUSE TO BELIEVE AN INDIVIDUAL HAS COMMITTED A
VIOLATION OF THIS SECTION REGARDLESS OF WHETHER THE VIOLATION
OCCURRED IN THE PRESENCE OF THE POLICE OFFICER.
(2) AN INDIVIDUAL ARRESTED FOR A VIOLATION OF THIS
SECTION SHALL BE AFFORDED A PRELIMINARY ARRAIGNMENT BY THE
PROPER ISSUING AUTHORITY WITHOUT UNNECESSARY DELAY. IN NO
CASE MAY THE INDIVIDUAL BE RELEASED FROM CUSTODY WITHOUT
FIRST HAVING APPEARED BEFORE THE ISSUING AUTHORITY.
(3) PRIOR TO ADMITTING AN INDIVIDUAL ARRESTED FOR A
VIOLATION OF THIS SECTION TO BAIL, THE ISSUING AUTHORITY
SHALL REQUIRE ALL OF THE FOLLOWING:
(I) THE INDIVIDUAL MUST BE FINGERPRINTED AND
PHOTOGRAPHED IN THE MANNER REQUIRED BY 42 PA.C.S. CH. 97
SUBCH. I (RELATING TO CONTINUED REGISTRATION OF SEXUAL
OFFENDERS).
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(II) THE INDIVIDUAL MUST PROVIDE THE PENNSYLVANIA
STATE POLICE WITH ALL CURRENT OR INTENDED RESIDENCES, ALL
INFORMATION CONCERNING CURRENT OR INTENDED EMPLOYMENT,
INCLUDING ALL EMPLOYMENT LOCATIONS, AND ALL INFORMATION
CONCERNING CURRENT OR INTENDED ENROLLMENT AS A STUDENT.
IF THE INDIVIDUAL HAS A RESIDENCE AS DEFINED IN PARAGRAPH
(2) OF THE DEFINITION OF "RESIDENCE" SET FORTH IN 42
PA.C.S. § 9799.53 (RELATING TO DEFINITIONS), THE
INDIVIDUAL MUST PROVIDE THE PENNSYLVANIA STATE POLICE
WITH THE INFORMATION REQUIRED UNDER 42 PA.C.S. §
9799.56(A)(2)(I)(A), (B) AND (C).
(III) LAW ENFORCEMENT MUST MAKE REASONABLE ATTEMPTS
TO VERIFY THE INFORMATION PROVIDED BY THE INDIVIDUAL.
(E.1) AFFIRMATIVE DEFENSE.--IT IS AN AFFIRMATIVE DEFENSE FOR
ANY PROSECUTION UNDER THIS SECTION THAT THE INDIVIDUAL ACTED IN
ACCORDANCE WITH A COURT ORDER UNDER SECTION 9799.59 (RELATING TO
EXEMPTION FROM CERTAIN NOTIFICATIONS).
(F) APPLICABILITY.--THIS SECTION APPLIES TO:
(1) AN INDIVIDUAL WHO COMMITTED AN OFFENSE SET FORTH IN
42 PA.C.S. § 9799.55 ON OR AFTER APRIL 22, 1996, BUT BEFORE
DECEMBER 20, 2012, AND WHOSE PERIOD OF REGISTRATION UNDER 42
PA.C.S. § 9799.55 HAS NOT EXPIRED.
(2) AN INDIVIDUAL WHO 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.
(3) AN INDIVIDUAL WHO, BEFORE [THE EFFECTIVE DATE OF
THIS PARAGRAPH] FEBRUARY 21, 2018:
(I) COMMITS AN OFFENSE SUBJECT TO 42 PA.C.S. CH. 97
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SUBCH. H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS);
BUT
(II) BECAUSE OF A JUDICIAL DETERMINATION ON OR AFTER
[THE EFFECTIVE DATE OF THIS SECTION] FEBRUARY 21, 2018,
OF THE INVALIDITY OF 42 PA.C.S. CH. 97 SUBCH. H, IS NOT
SUBJECT TO REGISTRATION AS A SEXUAL OFFENDER.
(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:
"SEXUALLY VIOLENT PREDATOR." AS DEFINED IN 42 PA.C.S. §
9799.53.
"SIMILAR OFFENSE." AN OFFENSE SIMILAR TO AN OFFENSE UNDER
EITHER SUBSECTION (A)(1) OR (2) UNDER THE LAWS OF THIS
COMMONWEALTH, 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.
SECTION 3. SECTIONS 2511(A)(11), 6303(B.1)(8)(VII),
6338.1(C)(4) AND 6707 OF TITLE 23, AMENDED FEBRUARY 21, 2018
(P.L.27, NO.10), ARE REENACTED TO READ:
§ 2511. GROUNDS FOR INVOLUNTARY TERMINATION.
(A) GENERAL RULE.--THE RIGHTS OF A PARENT IN REGARD TO A
CHILD MAY BE TERMINATED AFTER A PETITION FILED ON ANY OF THE
FOLLOWING GROUNDS:
* * *
(11) THE PARENT IS REQUIRED TO REGISTER AS A SEXUAL
OFFENDER UNDER 42 PA.C.S. CH. 97 SUBCH. H (RELATING TO
REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED
REGISTRATION OF SEXUAL OFFENDERS) OR TO REGISTER WITH A
SEXUAL OFFENDER REGISTRY IN ANOTHER JURISDICTION OR FOREIGN
COUNTRY.
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* * *
§ 6303. DEFINITIONS.
* * *
(B.1) CHILD ABUSE.--THE TERM "CHILD ABUSE" SHALL MEAN
INTENTIONALLY, KNOWINGLY OR RECKLESSLY DOING ANY OF THE
FOLLOWING:
* * *
(8) ENGAGING IN ANY OF THE FOLLOWING RECENT ACTS:
* * *
(VII) LEAVING A CHILD UNSUPERVISED WITH AN
INDIVIDUAL, OTHER THAN THE CHILD'S PARENT, WHO THE ACTOR
KNOWS OR REASONABLY SHOULD HAVE KNOWN:
(A) IS REQUIRED TO REGISTER AS A TIER II OR TIER
III SEXUAL OFFENDER UNDER 42 PA.C.S. CH. 97 SUBCH. H
(RELATING TO REGISTRATION OF SEXUAL OFFENDERS), WHERE
THE VICTIM OF THE SEXUAL OFFENSE WAS UNDER 18 YEARS
OF AGE WHEN THE CRIME WAS COMMITTED.
(B) HAS BEEN DETERMINED TO BE A SEXUALLY VIOLENT
PREDATOR UNDER 42 PA.C.S. § 9799.24 (RELATING TO
ASSESSMENTS) OR ANY OF ITS PREDECESSORS.
(C) HAS BEEN DETERMINED TO BE A SEXUALLY VIOLENT
DELINQUENT CHILD AS DEFINED IN 42 PA.C.S. § 9799.12
(RELATING TO DEFINITIONS).
(D) HAS BEEN DETERMINED TO BE A SEXUALLY VIOLENT
PREDATOR UNDER 42 PA.C.S. § 9799.58 (RELATING TO
ASSESSMENTS) OR HAS TO REGISTER FOR LIFE UNDER 42
PA.C.S. § 9799.55(B) (RELATING TO REGISTRATION).
* * *
§ 6338.1. EXPUNCTION OF INFORMATION OF PERPETRATOR WHO WAS
UNDER 18 YEARS OF AGE WHEN CHILD ABUSE WAS COMMITTED.
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* * *
(C) NONAPPLICABILITY.--THE PROVISIONS OF THIS SECTION SHALL
NOT APPLY TO ANY OF THE FOLLOWING CASES:
* * *
(4) AN INDIVIDUAL WHO:
(I) IS REQUIRED TO REGISTER UNDER 42 PA.C.S. CH. 97
SUBCH. H OR I (RELATING TO CONTINUED REGISTRATION OF
SEXUAL OFFENDERS) AS A RESULT OF A CRIMINAL CONVICTION
FOR THE SAME ACTS WHICH RESULTED IN THE SEXUAL OFFENDER
BEING NAMED A PERPETRATOR OF CHILD ABUSE.
(II) HAS NOT COMPLETED THE PERIOD OF REGISTRATION
REQUIRED UNDER 42 PA.C.S. SUBCH. H OR I.
§ 6707. AGENCY USE OF DESIGNATED ADDRESS.
STATE AND LOCAL GOVERNMENT AGENCIES SHALL ACCEPT THE
SUBSTITUTE ADDRESS DESIGNATED ON A VALID PROGRAM PARTICIPATION
CARD ISSUED TO THE PROGRAM PARTICIPANT BY THE OFFICE OF VICTIM
ADVOCATE AS THE PROGRAM PARTICIPANT'S ADDRESS EXCEPT AS FOLLOWS:
(1) WHEN THE STATE OR LOCAL GOVERNMENT AGENCY HAS BEEN
GRANTED A WAIVER PURSUANT TO SECTION 6709 (RELATING TO WAIVER
PROCESS); OR
(2) WHEN THE PROGRAM PARTICIPANT IS ANY OF THE
FOLLOWING:
(I) A RELEASED OFFENDER COMPLYING WITH STATE OR
COUNTY PROBATION OR PAROLE REQUIREMENTS; OR
(II) A CONVICTED SEXUAL OFFENDER WHO HAS FULFILLED
THE OFFENDER'S SENTENCE BUT MUST REGISTER THE OFFENDER'S
COMMUNITY RESIDENCE AS REQUIRED UNDER 42 PA.C.S. CH. 97
SUBCH. H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS)
OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL
OFFENDERS) OR ANY SIMILAR REGISTRATION REQUIREMENT
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IMPOSED BY ANY OTHER JURISDICTION.
SECTION 4. SECTIONS 9718.1(A) INTRODUCTORY PARAGRAPH,
9799.10(4) AND 9799.11 HEADING, (B)(4) AND (C) OF TITLE 42,
AMENDED OR ADDED FEBRUARY 21, 2018 (P.L.27, NO.10), ARE
REENACTED TO READ:
§ 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):
* * *
§ 9799.10. PURPOSES OF SUBCHAPTER.
THIS SUBCHAPTER SHALL BE INTERPRETED AND CONSTRUED TO
EFFECTUATE THE FOLLOWING PURPOSES:
* * *
(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
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CRIMINAL JUSTICE SYSTEM OF THIS COMMONWEALTH.
* * *
§ 9799.11. LEGISLATIVE FINDINGS, DECLARATION OF POLICY AND
SCOPE.
* * *
(B) DECLARATION OF POLICY.--THE GENERAL ASSEMBLY DECLARES AS
FOLLOWS:
* * *
(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 3882445).
(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.
SECTION 5. THE DEFINITIONS OF "SEXUAL OFFENDER," "SEXUALLY
VIOLENT DELINQUENT CHILD," "SEXUALLY VIOLENT OFFENSE," "SEXUALLY
VIOLENT PREDATOR" AND "TRANSIENT" IN SECTION 9799.12 OF TITLE
42, AMENDED FEBRUARY 21, 2018 (P.L.27, NO.10), ARE REENACTED TO
READ:
§ 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:
* * *
"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
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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
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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.
* * *
"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.
SECTION 6. SECTION 9799.13 OF TITLE 42, AMENDED FEBRUARY 21,
2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 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
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(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 PENNSYLVANIA
BOARD OF PROBATION AND PAROLE OR COUNTY PROBATION OR PAROLE,
IS SUBJECT TO A SENTENCE OF INTERMEDIATE PUNISHMENT 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.
(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.
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(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 [THE EFFECTIVE DATE
OF THIS SECTION] 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 [THE
EFFECTIVE DATE OF THIS PARAGRAPH] DECEMBER 20, 2012, BUT WHO
DOES NOT HAVE A RESIDENCE WITHIN THIS COMMONWEALTH, IS NOT A
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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.
SECTION 7. SECTION 9799.14(B)(3) AND (D)(17) OF TITLE 42,
AMENDED OR ADDED FEBRUARY 21, 2018 (P.L.27, NO.10), ARE
REENACTED TO READ:
§ 9799.14. SEXUAL OFFENSES AND TIER SYSTEM.
* * *
(B) TIER I SEXUAL OFFENSES.--THE FOLLOWING OFFENSES SHALL BE
CLASSIFIED AS TIER I SEXUAL OFFENSES:
* * *
(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.
* * *
(D) TIER III SEXUAL OFFENSES.--THE FOLLOWING OFFENSES SHALL
BE CLASSIFIED AS TIER III SEXUAL OFFENSES:
* * *
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(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).
SECTION 8. SECTION 9799.15 OF TITLE 42, AMENDED FEBRUARY 21,
2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 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
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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.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
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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.
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(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
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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 [THE EFFECTIVE DATE OF THIS SECTION]
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 [THE EFFECTIVE DATE OF THIS SECTION]
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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:
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(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
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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:
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(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
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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.
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(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.
SECTION 9. SECTION 9799.16(A)(4) OF TITLE 42, AMENDED
FEBRUARY 21, 2018 (P.L.27, NO.10), IS REENACTED TO READ:
§ 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:
* * *
(4) CONTAIN INFORMATION ABOUT INDIVIDUALS REQUIRED TO
REGISTER WITH THE PENNSYLVANIA STATE POLICE UNDER SUBCHAPTER
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I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS).
* * *
SECTION 10. SECTION 9799.19 OF TITLE 42, AMENDED FEBRUARY
21, 2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 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.
(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 STATE BOARD OF PROBATION AND PAROLE 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 STATE BOARD OF
PROBATION AND PAROLE 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 STATE BOARD OF
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PROBATION AND PAROLE OR COUNTY OFFICE OF PROBATION AND PAROLE
SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.
(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 [THE EFFECTIVE
DATE OF THIS SECTION] 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
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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 [THE EFFECTIVE DATE OF THIS SECTION] 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 [THE EFFECTIVE DATE OF THIS SECTION]
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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 [THE EFFECTIVE DATE OF THIS
SECTION] 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 [THE EFFECTIVE
DATE OF THIS SECTION] 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
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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 [THE EFFECTIVE DATE OF THIS
SECTION] 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 [THE EFFECTIVE
DATE OF THIS SECTION] 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:
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(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
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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 [THE EFFECTIVE
DATE OF THIS SECTION] 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
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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.
(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 PENNSYLVANIA BOARD OF PROBATION
AND PAROLE 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;
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(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
PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
(2) FOR INDIVIDUALS DESCRIBED IN PARAGRAPH (1), THE
APPROPRIATE OFFICIAL OF THE FEDERAL, STATE OR COUNTY
CORRECTIONAL FACILITY OR THE PENNSYLVANIA BOARD OF PROBATION
AND PAROLE 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
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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.
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(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 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 WORK RELEASE FACILITY OR SPECIAL PROBATION SUPERVISED
BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, 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.
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(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
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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
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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 [THE EFFECTIVE DATE OF THIS SECTION]
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
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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
PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL REGISTER THE
INDIVIDUAL WITHIN 48 HOURS. THE APPROPRIATE OFFICIAL OF THE
PENNSYLVANIA BOARD 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 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 PENNSYLVANIA BOARD OF
PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE
POLICE.
SECTION 11. SECTIONS 9799.23(B)(2), 9799.25(A.1), (A.2), (B)
(2) AND (3), (C)(1) AND (F)(1), 9799.26(A)(1) AND (D),
9799.31(13), 9799.32(6) AND (10), 9799.34(1) AND 9799.36(B) OF
TITLE 42, AMENDED OR ADDED FEBRUARY 21, 2018 (P.L.27, NO.10),
ARE REENACTED TO READ:
§ 9799.23. COURT NOTIFICATION AND CLASSIFICATION REQUIREMENTS.
* * *
(B) MANDATORY REGISTRATION.--ALL SEXUAL OFFENDERS MUST
REGISTER IN ACCORDANCE WITH THIS SUBCHAPTER. THE FOLLOWING
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APPLY:
* * *
(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.
§ 9799.25. VERIFICATION BY SEXUAL OFFENDERS AND PENNSYLVANIA
STATE POLICE.
* * *
(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
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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:
* * *
(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.
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(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).
* * *
(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
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PREDATORS.
* * *
§ 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.
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(IV) THE ADDRESS WHERE THE SEXUALLY VIOLENT PREDATOR
OR SEXUALLY VIOLENT DELINQUENT CHILD IS ENROLLED AS A
STUDENT.
* * *
(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.
§ 9799.31. IMMUNITY FOR GOOD FAITH CONDUCT.
THE FOLLOWING ENTITIES SHALL BE IMMUNE FROM LIABILITY FOR
GOOD FAITH CONDUCT UNDER THIS SUBCHAPTER:
* * *
(13) THE DEPARTMENT OF HUMAN SERVICES AND ITS AGENTS AND
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EMPLOYEES.
* * *
§ 9799.32. PENNSYLVANIA STATE POLICE.
THE PENNSYLVANIA STATE POLICE HAVE THE FOLLOWING DUTIES:
* * *
(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).
* * *
(10) TO DEVELOP THE TELEPHONIC VERIFICATION SYSTEM
ESTABLISHED UNDER SECTION 9799.25.
§ 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.
* * *
§ 9799.36. COUNSELING OF SEXUALLY VIOLENT PREDATORS.
* * *
(B) DESIGNATION IN ANOTHER JURISDICTION.--IF AN INDIVIDUAL
SPECIFIED IN SECTION 9799.13 (RELATING TO APPLICABILITY) HAS
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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.
* * *
SECTION 12. SECTION 9799.38(A)(1) AND (2) OF TITLE 42,
AMENDED FEBRUARY 21, 2018 (P.L.27, NO.10), ARE REENACTED AND
AMENDED TO READ:
§ 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 PENNSYLVANIA BOARD OF
PROBATION AND PAROLE, 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 PENNSYLVANIA BOARD OF PROBATION AND PAROLE, 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
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[FOLLOWING THE EFFECTIVE DATE OF THIS SECTION] AFTER DECEMBER
20, 2012.
* * *
SECTION 13. SECTIONS 9799.39 AND 9799.42 OF TITLE 42,
AMENDED OR ADDED FEBRUARY 21, 2018 (P.L.27, NO.10), ARE
REENACTED TO READ:
§ 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.
§ 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.
SECTION 14. SUBCHAPTER I HEADING OF CHAPTER 97 AND SECTIONS
9799.51 AND 9799.52 OF TITLE 42, ADDED FEBRUARY 21, 2018
(P.L.27, NO.10), ARE REENACTED TO READ:
SUBCHAPTER I
CONTINUED REGISTRATION OF SEXUAL OFFENDERS
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§ 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
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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
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COMMONWEALTH V. MUNIZ, NO. 47 MAP 2016 (PA. 2016), AND THE
PENNSYLVANIA SUPERIOR COURT'S DECISION IN COMMONWEALTH V.
BUTLER (2017 WL 3882445).
§ 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.
SECTION 15. SECTIONS 9799.53 AND 9799.54 OF TITLE 42, ADDED
FEBRUARY 21, 2018 (P.L.27, NO.10), ARE REENACTED AND AMENDED TO
READ:
§ 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
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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
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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
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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
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(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-
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TIME BASIS IN A PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION,
INCLUDING A SECONDARY SCHOOL, TRADE OR PROFESSIONAL INSTITUTION
OR INSTITUTION OF HIGHER EDUCATION.
§ 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 [THE
EFFECTIVE DATE OF THIS SECTION] 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 [THE
EFFECTIVE DATE OF THIS SECTION] 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 PENNSYLVANIA
BOARD OF PROBATION AND PAROLE 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)
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(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 [THE EFFECTIVE DATE OF
THIS SECTION] 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 [THE EFFECTIVE DATE OF THIS SECTION] FEBRUARY 21,
2018.
(B) INITIAL REGISTRATION.--INDIVIDUALS REQUIRED TO REGISTER
UNDER THIS SECTION SHALL HAVE 90 DAYS FROM [THE EFFECTIVE DATE
OF THIS SECTION] 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
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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 [THE EFFECTIVE DATE OF THIS
SECTION] 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.
SECTION 16. SECTIONS 9799.55 AND 9799.56, ADDED FEBRUARY 21,
2018 (P.L.27, NO.10), ARE REENACTED TO READ:
§ 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
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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
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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
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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
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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. § 6124(C)
(RELATING TO CERTAIN OFFENDERS RESIDING IN GROUP-BASED
HOMES).
§ 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
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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
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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 BOARD OF PROBATION
AND PAROLE OR THE COURT OR IS SENTENCED TO PROBATION OR
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INTERMEDIATE PUNISHMENT, 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.
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(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
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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
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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
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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
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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
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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
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(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.
SECTION 17. SECTION 9799.57 OF TITLE 42, ADDED FEBRUARY 21,
2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 9799.57. SENTENCING COURT INFORMATION.
THE SENTENCING COURT SHALL INFORM OFFENDERS AND SEXUALLY
VIOLENT PREDATORS CONVICTED ON OR AFTER [THE EFFECTIVE DATE OF
THIS SECTION] 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
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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
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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.
SECTION 18. SECTIONS 9799.58, 9799.59, 9799.60, 9799.61,
9799.62, 9799.63, 9799.64, 9799.65, 9799.66, 9799.67, 9799.68
AND 9799.69 OF TITLE 42, ADDED FEBRUARY 21, 2018 (P.L.27,
NO.10), ARE REENACTED TO READ:
§ 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
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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
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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 BOARD OF PROBATION AND PAROLE 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
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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 BOARD OF PROBATION
AND PAROLE, 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
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REPORT SHALL BE PROVIDED TO THE AGENCY PREPARING THE PRESENTENCE
INVESTIGATION.
(G) PAROLE ASSESSMENT.--THE PENNSYLVANIA BOARD OF PROBATION
AND PAROLE MAY REQUEST OF THE BOARD AN ASSESSMENT OF AN OFFENDER
OR SEXUALLY VIOLENT PREDATOR BE CONDUCTED AND PROVIDE A REPORT
TO THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE 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
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(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.
§ 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
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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
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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
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TO RECORDS AND INFORMATION AS REQUESTED BY THE BOARD IN
CONNECTION WITH THE COURT-ORDERED ASSESSMENT UNDER SUBSECTION
(A).
§ 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.
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(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
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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
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"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.
§ 9799.61. VICTIM NOTIFICATION.
(A) DUTY TO INFORM VICTIM.--
(1) WHERE THE INDIVIDUAL IS DETERMINED TO BE A SEXUALLY
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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.
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(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.
§ 9799.62. OTHER NOTIFICATION.
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(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
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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
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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.
§ 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
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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
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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
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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,
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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
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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).
§ 9799.64. ADMINISTRATION.
THE GOVERNOR SHALL DIRECT THE PENNSYLVANIA STATE POLICE, THE
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE STATE SEXUAL
OFFENDERS ASSESSMENT BOARD, THE DEPARTMENT OF CORRECTIONS, THE
DEPARTMENT OF TRANSPORTATION AND ANY OTHER AGENCY OF THIS
COMMONWEALTH 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.
§ 9799.65. GLOBAL POSITIONING SYSTEM TECHNOLOGY.
THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE AND COUNTY
PROBATION AUTHORITIES MAY IMPOSE SUPERVISION CONDITIONS THAT
INCLUDE OFFENDER TRACKING THROUGH GLOBAL POSITIONING SYSTEM
TECHNOLOGY.
§ 9799.66. IMMUNITY FOR GOOD FAITH CONDUCT.
THE FOLLOWING ENTITIES SHALL BE IMMUNE FROM LIABILITY FOR
GOOD FAITH CONDUCT UNDER THIS SUBCHAPTER:
(1) THE PENNSYLVANIA STATE POLICE AND LOCAL LAW
ENFORCEMENT AGENCIES AND EMPLOYEES OF LAW ENFORCEMENT
AGENCIES.
(2) DISTRICT ATTORNEYS AND THEIR AGENTS AND EMPLOYEES.
(3) SUPERINTENDENTS, ADMINISTRATORS, TEACHERS, EMPLOYEES
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AND VOLUNTEERS ENGAGED IN THE SUPERVISION OF CHILDREN OF A
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 BOARD OF PROBATION AND PAROLE 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/OPERATORS
OF REGISTERED FAMILY DAY-CARE HOMES, AND THEIR AGENTS AND
EMPLOYEES.
(9) THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS AND ITS
AGENTS AND EMPLOYEES.
(10) COUNTY CORRECTIONAL FACILITIES AND THEIR AGENTS AND
EMPLOYEES.
(11) MEMBERS OF THE SEXUAL OFFENDERS ASSESSMENT BOARD
AND ITS AGENTS AND EMPLOYEES.
(12) THE UNIT OWNERS' ASSOCIATION OF A COMMON INTEREST
COMMUNITY AND ITS AGENTS AND EMPLOYEES AS IT RELATES TO
DISTRIBUTING INFORMATION REGARDING SEXUALLY VIOLENT PREDATORS
OBTAINED UNDER SECTION 9799.62(B)(1) (RELATING TO OTHER
NOTIFICATION).
§ 9799.67. DUTIES OF PENNSYLVANIA STATE POLICE.
THE PENNSYLVANIA STATE POLICE SHALL:
(1) CREATE AND MAINTAIN A STATE REGISTRY OF OFFENDERS
AND SEXUALLY VIOLENT PREDATORS REQUIRED TO REGISTER UNDER
THIS SUBCHAPTER. THE REGISTRY SHALL BE INCORPORATED AS PART
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OF THE REGISTRY ESTABLISHED UNDER SUBCHAPTER H (RELATING TO
REGISTRATION OF SEXUAL OFFENDERS).
(2) IN CONSULTATION WITH THE DEPARTMENT OF CORRECTIONS,
THE OFFICE OF ATTORNEY GENERAL, THE PENNSYLVANIA BOARD OF
PROBATION AND PAROLE AND THE CHAIRPERSON AND THE MINORITY
CHAIRPERSON OF THE JUDICIARY COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND THE MINORITY CHAIRPERSON OF THE JUDICIARY
COMMITTEE OF THE HOUSE OF REPRESENTATIVES, PROMULGATE
GUIDELINES NECESSARY FOR THE GENERAL ADMINISTRATION OF THIS
SUBCHAPTER. THESE GUIDELINES SHALL ESTABLISH PROCEDURES TO
ALLOW AN INDIVIDUAL SUBJECT TO THE REQUIREMENTS OF SECTIONS
9799.55 (RELATING TO REGISTRATION) AND 9799.60 (RELATING TO
VERIFICATION OF RESIDENCE) TO FULFILL THESE REQUIREMENTS AT
APPROVED REGISTRATION SITES THROUGHOUT THIS COMMONWEALTH.
THIS PARAGRAPH INCLUDES THE DUTY TO ESTABLISH PROCEDURES TO
ALLOW AN INDIVIDUAL WHO HAS A RESIDENCE AS DEFINED IN
PARAGRAPH (2) OF THE DEFINITION OF "RESIDENCE" IN SECTION
9799.53 (RELATING TO DEFINITIONS) TO FULFILL THE REQUIREMENTS
REGARDING REGISTRATION 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 NOTICES SENT TO INDIVIDUALS
REQUIRED TO REGISTER UNDER SECTION 9799.55. AN APPROVED
REGISTRATION SITE SHALL BE CAPABLE OF SUBMITTING
FINGERPRINTS, PHOTOGRAPHS AND 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
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ANOTHER MANNER AND IN THE FORM AS THE PENNSYLVANIA STATE
POLICE SHALL REQUIRE. THE PENNSYLVANIA STATE POLICE SHALL
REQUIRE THAT APPROVED REGISTRATION SITES SUBMIT PHOTOGRAPHS
UTILIZING THE COMMONWEALTH PHOTO IMAGING NETWORK OR IN
ANOTHER MANNER AND IN THE 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 SPECIFIED IN THIS PARAGRAPH.
(3) WRITE REGULATIONS REGARDING NEIGHBOR NOTIFICATION OF
THE CURRENT RESIDENCE OF SEXUALLY VIOLENT PREDATORS.
(4) NOTIFY, WITHIN FIVE BUSINESS DAYS OF RECEIVING THE
OFFENDER'S OR THE SEXUALLY VIOLENT PREDATOR'S REGISTRATION,
THE CHIEF LAW ENFORCEMENT OFFICERS OF THE POLICE DEPARTMENTS
HAVING PRIMARY JURISDICTION OF THE MUNICIPALITIES IN WHICH AN
OFFENDER OR SEXUALLY VIOLENT PREDATOR HAS A RESIDENCE, IS
EMPLOYED OR ENROLLED AS A STUDENT OF THE FACT THAT THE
OFFENDER OR SEXUALLY VIOLENT PREDATOR HAS BEEN REGISTERED
WITH THE PENNSYLVANIA STATE POLICE UNDER SECTIONS 9799.56
(RELATING TO REGISTRATION PROCEDURES AND APPLICABILITY) AND
9799.60.
(5) IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION AND
THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, 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 9799.62
(RELATING TO OTHER NOTIFICATION).
(6) IMMEDIATELY TRANSFER THE INFORMATION RECEIVED FROM
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THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE UNDER SECTION
9799.68(2) AND (3) (RELATING TO DUTIES OF PENNSYLVANIA BOARD
OF PROBATION AND PAROLE) AND THE FINGERPRINTS OF A SEXUALLY
VIOLENT PREDATOR TO THE FEDERAL BUREAU OF INVESTIGATION.
(7) NOTIFY INDIVIDUALS OF THE REQUIREMENTS UNDER THIS
SUBCHAPTER, AS SPECIFIED IN SECTION 9799.54 (RELATING TO
APPLICABILITY).
§ 9799.68. DUTIES OF PENNSYLVANIA BOARD OF PROBATION AND
PAROLE.
THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL:
(1) CREATE A NOTIFICATION FORM WHICH WILL INFORM STATE
AND COUNTY PRISON AND PROBATION AND PAROLE PERSONNEL HOW TO
INFORM OFFENDERS AND SEXUALLY VIOLENT PREDATORS REQUIRED TO
REGISTER UNDER THIS SUBCHAPTER OF THEIR DUTY UNDER THE LAW.
(2) IN COOPERATION WITH THE DEPARTMENT OF CORRECTIONS
AND OTHER COMMONWEALTH AGENCIES, OBTAIN THE FOLLOWING
INFORMATION REGARDING OFFENDERS AND SEXUALLY VIOLENT
PREDATORS:
(I) NAME, INCLUDING ALIASES.
(II) IDENTIFYING FACTORS.
(III) ANTICIPATED FUTURE RESIDENCE.
(IV) OFFENSE HISTORY.
(V) DOCUMENTATION OF TREATMENT RECEIVED FOR THE
MENTAL ABNORMALITY OR PERSONALITY DISORDER.
(VI) PHOTOGRAPH OF THE OFFENDER OR SEXUALLY VIOLENT
PREDATOR.
(3) IMMEDIATELY TRANSMIT THE INFORMATION IN PARAGRAPH
(2) TO THE PENNSYLVANIA STATE POLICE FOR IMMEDIATE ENTRY INTO
THE STATE REGISTRY OF OFFENDERS AND SEXUALLY VIOLENT
PREDATORS AND THE CRIMINAL HISTORY RECORD OF THE INDIVIDUAL
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AS PROVIDED IN 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL
HISTORY RECORD INFORMATION).
(4) 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 SATELLITE GLOBAL POSITIONING SYSTEM TECHNOLOGY.
§ 9799.69. BOARD.
(A) COMPOSITION.--THE STATE SEXUAL OFFENDERS ASSESSMENT
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 PER ANNUM.
(E) STAFF.--SUPPORT STAFF FOR THE BOARD SHALL BE PROVIDED BY
THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
SECTION 18.1. SECTION 9799.70 OF TITLE 42, ADDED FEBRUARY
21, 2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 9799.70. COUNSELING OF SEXUALLY VIOLENT PREDATORS.
(A) COUNSELING REQUIRED.--FOR THE PERIOD OF REGISTRATION
REQUIRED BY SECTION 9799.55(B) (RELATING TO REGISTRATION), A
SEXUALLY VIOLENT PREDATOR 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
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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 PERSON
CANNOT AFFORD TO PAY FOR THE COUNSELING SESSIONS, THAT PERSON
SHALL STILL ATTEND THE COUNSELING SESSIONS AND THE PAROLE OFFICE
SHALL PAY THE REQUISITE FEES.
(B) NOTICE.--A PROVIDER OF COUNSELING SESSIONS 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 WHERE THE PROVIDER
IS LOCATED THAT THE PROVIDER IS COUNSELING SEXUALLY VIOLENT
PREDATORS. NOTICE UNDER THIS SUBSECTION MUST BE SUBMITTED IN
WRITING NO LATER THAN JANUARY 15 OF EACH YEAR AND SHALL INCLUDE
THE ADDRESS OF THE PROVIDER.
SECTION 19. SECTION 9799.71 OF TITLE 42, ADDED FEBRUARY 21,
2018 (P.L.27, NO.10), IS REENACTED TO READ:
§ 9799.71. EXEMPTION FROM NOTIFICATION FOR CERTAIN LICENSEES
AND THEIR EMPLOYEES.
NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED AS IMPOSING A
DUTY UPON A PERSON OR AN EMPLOYEE OF A PERSON LICENSED UNDER THE
ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9), KNOWN AS THE REAL
ESTATE LICENSING AND REGISTRATION ACT, TO DISCLOSE INFORMATION
REGARDING:
(1) A SEXUALLY VIOLENT PREDATOR; OR
(2) AN INDIVIDUAL WHO IS TRANSFERRED TO THIS
COMMONWEALTH UNDER THE INTERSTATE COMPACT FOR THE SUPERVISION
OF ADULT OFFENDERS OR THE INTERSTATE COMPACT FOR JUVENILES.
SECTION 19.1. SECTION 9799.72 OF TITLE 42, ADDED FEBRUARY
21, 2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 9799.72. ANNUAL PERFORMANCE AUDIT.
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(A) DUTIES OF ATTORNEY GENERAL.--THE ATTORNEY GENERAL SHALL:
(1) CONDUCT A PERFORMANCE AUDIT ANNUALLY TO DETERMINE
COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBCHAPTER AND
GUIDELINES PROMULGATED UNDER THIS SUBCHAPTER. THE AUDIT
SHALL, AT A MINIMUM, INCLUDE A REVIEW OF THE PRACTICES,
PROCEDURES AND RECORDS OF THE PENNSYLVANIA STATE POLICE, THE
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE DEPARTMENT OF
CORRECTIONS, THE STATE SEXUAL OFFENDERS ASSESSMENT 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) PREPARE AN ANNUAL REPORT OF ITS FINDINGS AND ACTIONS
IT RECOMMENDS BE TAKEN BY THE PENNSYLVANIA STATE POLICE, THE
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE DEPARTMENT OF
CORRECTIONS, THE STATE SEXUAL OFFENDERS ASSESSMENT BOARD, THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, OTHER STATE OR
LOCAL AGENCIES AND THE GENERAL ASSEMBLY TO ENSURE COMPLIANCE
WITH THIS SUBCHAPTER. THE FIRST REPORT SHALL BE RELEASED TO
THE GENERAL PUBLIC NOT LESS THAN 18 MONTHS [FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION] AFTER FEBRUARY 21, 2018.
(3) PROVIDE A COPY OF ITS REPORT TO THE PENNSYLVANIA
STATE POLICE, THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE,
THE DEPARTMENT OF CORRECTIONS, THE STATE SEXUAL OFFENDERS
ASSESSMENT BOARD, THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
COURTS, STATE OR LOCAL AGENCIES REFERENCED THEREIN, THE
CHAIRPERSON AND THE MINORITY CHAIRPERSON OF THE JUDICIARY
COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND THE MINORITY
CHAIRPERSON OF THE JUDICIARY COMMITTEE OF THE HOUSE OF
REPRESENTATIVES NO LESS THAN 30 DAYS PRIOR TO THE REPORT'S
RELEASE TO THE GENERAL PUBLIC.
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(B) COOPERATION REQUIRED.--NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE PENNSYLVANIA STATE POLICE,
THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE DEPARTMENT
OF CORRECTIONS, THE STATE SEXUAL OFFENDERS ASSESSMENT 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 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.
SECTION 20. SECTIONS 9799.73 AND 9799.74 OF TITLE 42, ADDED
FEBRUARY 21, 2018 (P.L.27, NO.10), ARE REENACTED TO READ:
§ 9799.73. PHOTOGRAPHS AND FINGERPRINTING.
AN INDIVIDUAL SUBJECT TO SECTION 9799.55 (RELATING TO
REGISTRATION) SHALL SUBMIT TO FINGERPRINTING AND PHOTOGRAPHING
AS REQUIRED BY THIS SUBCHAPTER AT APPROVED REGISTRATION SITES.
FINGERPRINTING AS REQUIRED BY THIS SUBCHAPTER SHALL, AT A
MINIMUM, REQUIRE SUBMISSION OF A FULL SET OF FINGERPRINTS.
PHOTOGRAPHING AS REQUIRED BY THIS SUBCHAPTER SHALL, AT A
MINIMUM, REQUIRE SUBMISSION TO PHOTOGRAPHS OF THE FACE AND
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.
§ 9799.74. STANDING FOR PENNSYLVANIA STATE POLICE.
EXCEPT FOR PETITIONS FILED UNDER SECTION 9799.59(A) (RELATING
TO EXEMPTIONS FROM CERTAIN NOTIFICATIONS), 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
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WAY THE OBLIGATION OF AN INDIVIDUAL REQUIRED TO REGISTER WITH
THE PENNSYLVANIA STATE POLICE UNDER THIS SUBCHAPTER.
SECTION 20.1. SECTION 9799.75 OF TITLE 42, ADDED FEBRUARY
21, 2018 (P.L.27, NO.10), IS REENACTED AND AMENDED TO READ:
§ 9799.75. CONSTRUCTION OF SUBCHAPTER.
(A) REGISTRATION.--NOTHING IN THIS SUBCHAPTER SHALL BE
CONSTRUED TO RELIEVE AN INDIVIDUAL FROM THE OBLIGATION TO
REGISTER WITH THE PENNSYLVANIA STATE POLICE UNDER THIS
SUBCHAPTER IF THE INDIVIDUAL:
(1) COMMITTED A SEXUALLY VIOLENT OFFENSE WITHIN THIS
COMMONWEALTH OR COMMITTED AN 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 WHICH IS SIMILAR OR
EQUIVALENT TO A SEXUALLY VIOLENT OFFENSE, OR WHO WAS COURT
MARTIALED FOR A SIMILAR OR EQUIVALENT OFFENSE, WHETHER OR NOT
THE OFFENSE IS DESIGNATED AS A SEXUALLY VIOLENT OFFENSE; AND
(2) WAS REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE
POLICE UNDER A FORMER SEXUAL OFFENDER REGISTRATION LAW OF
THIS COMMONWEALTH THAT WAS ENACTED BEFORE DECEMBER 20, 2012,
OR WOULD HAVE BEEN REQUIRED TO REGISTER WITH THE PENNSYLVANIA
STATE POLICE UNDER THE ACT OF NOVEMBER 24, 2004 (P.L.1243,
NO.152), ENTITLED "AN ACT AMENDING TITLES 18 (CRIMES AND
OFFENSES) AND 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, DEFINING THE OFFENSE OF
FAILURE TO COMPLY WITH REGISTRATION OF SEXUAL OFFENDERS
REQUIREMENTS; IMPOSING PENALTIES; FURTHER PROVIDING FOR SIX
MONTHS LIMITATION AND FOR TWO YEAR LIMITATION; PROVIDING FOR
LIMITATION AND APPLICATION FOR ASBESTOS CLAIM; FURTHER
PROVIDING FOR DEFICIENCY JUDGMENTS, FOR DEFINITIONS, FOR
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REGISTRATION, FOR REGISTRATION PROCEDURES AND APPLICABILITY
AND FOR ASSESSMENTS; PROVIDING FOR EXEMPTION FROM CERTAIN
NOTIFICATIONS; FURTHER PROVIDING FOR VERIFICATION OF
RESIDENCE AND FOR OTHER NOTIFICATION; PROVIDING FOR
INFORMATION MADE AVAILABLE ON THE INTERNET AND FOR CERTAIN
ADMINISTRATION; FURTHER PROVIDING FOR IMMUNITY FOR GOOD FAITH
CONDUCT, FOR DUTIES OF PENNSYLVANIA STATE POLICE AND FOR
EXEMPTION FROM NOTIFICATION FOR CERTAIN LICENSEES AND THEIR
EMPLOYEES; AND PROVIDING FOR ANNUAL PERFORMANCE AUDIT AND FOR
PHOTOGRAPHS AND FINGERPRINTING[."]," BUT FOR THE DECISION BY
THE PENNSYLVANIA SUPREME COURT IN COMMONWEALTH V. NEIMAN, 84
A.3D 603 (PA. 2013).
(B) REREGISTRATION.--NOTHING IN THIS SUBCHAPTER SHALL BE
CONSTRUED TO REQUIRE AN INDIVIDUAL WHO HAD PREVIOUSLY REGISTERED
WITH THE PENNSYLVANIA STATE POLICE FOR A SEXUALLY VIOLENT
OFFENSE PRIOR TO JULY 9, 2000, TO REREGISTER UNDER THIS
SUBCHAPTER IF THE INDIVIDUAL'S REGISTRATION REQUIREMENTS WERE
SATISFIED.
SECTION 21. THIS ACT SHALL APPLY AS FOLLOWS:
(1) THE REENACTMENT OR AMENDMENT OF 18 PA.C.S. § 4915.1
AND 42 PA.C.S. CH. 97 SUBCH. H SHALL APPLY TO AN INDIVIDUAL
WHO COMMITS AN OFFENSE ON OR AFTER DECEMBER 20, 2012.
(2) THE REENACTMENT OR AMENDMENT OF 18 PA.C.S. § 4915.2
AND 42 PA.C.S. CH. 97 SUBCH. I SHALL APPLY TO:
(I) AN INDIVIDUAL WHO COMMITTED AN OFFENSE SET FORTH
IN 42 PA.C.S. § 9799.55 ON OR AFTER APRIL 22, 1996, BUT
BEFORE DECEMBER 20, 2012, AND WHOSE PERIOD OF
REGISTRATION AS SET FORTH IN 42 PA.C.S. § 9799.55 HAS NOT
EXPIRED.
(II) AN INDIVIDUAL REQUIRED TO REGISTER WITH THE
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PENNSYLVANIA STATE POLICE UNDER A FORMER SEXUAL OFFENDER
REGISTRATION LAW OF THIS COMMONWEALTH AS SET FORTH IN 42
PA.C.S. § 9799.55(A)(1)(I), (B)(2) AND (4).
(III) BEFORE OR AFTER FEBRUARY 21, 2018, AN
INDIVIDUAL WHO:
(A) COMMITS AN OFFENSE SUBJECT TO 42 PA.C.S. CH.
97 SUBCH. H; BUT
(B) BECAUSE OF A JUDICIAL DETERMINATION ON OR
AFTER FEBRUARY 21, 2018 OF THE INVALIDITY OF 42
PA.C.S. CH. 97 SUBCH. H, IS NOT SUBJECT TO
REGISTRATION AS A SEXUAL OFFENDER.
SECTION 22. THE REENACTMENT OF 42 PA.C.S. §§ 9799.25(F) AND
9799.55(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 23. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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