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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MARSICO, CALTAGIRONE, STEPHENS, DePASQUALE, S. H. SMITH, TURZAI, SAYLOR, MAJOR, VEREB, ADOLPH, STEVENSON, REED, MANN, AUMENT, BAKER, BARBIN, BENNINGHOFF, BISHOP, BOBACK, BOYD, B. BOYLE, BRADFORD, BRIGGS, BROOKS, R. BROWN, CARROLL, CAUSER, CHRISTIANA, CLYMER, D. COSTA, CREIGHTON, CUTLER, DAVIS, DAY, DEASY, DELOZIER, DENLINGER, DiGIROLAMO, DONATUCCI, ELLIS, EMRICK, EVANKOVICH, J. EVANS, EVERETT, FABRIZIO, GABLER, GEIST, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HACKETT, HAHN, HARHART, HARKINS, HARPER, HARRIS, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, F. KELLER, M. K. KELLER, KILLION, KNOWLES, KORTZ, KRIEGER, KULA, LONGIETTI, MARSHALL, METCALFE, MICCARELLI, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURPHY, MURT, OBERLANDER, O'NEILL, PARKER, PASHINSKI, PERRY, PETRARCA, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, READSHAW, REESE, REICHLEY, ROCK, SABATINA, SACCONE, SAINATO, SANTARSIERO, SANTONI, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STERN, SWANGER, TAYLOR, TOEPEL, TOOHIL, VULAKOVICH AND WATSON, NOVEMBER 2, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 2, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses), 23 (Domestic |
2 | Relations), 42 (Judiciary and Judicial Procedure), 44 (Law |
3 | and Justice) and 61 (Prisons and Parole) of the Pennsylvania |
4 | Consolidated Statutes, extensively revising provisions |
5 | relating to registration of sexual offenders pursuant to |
6 | Federal mandate; and making editorial changes. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 3130(a) introductory paragraph and (1) |
10 | and (b), 3141 and 4915 of Title 18 of the Pennsylvania |
11 | Consolidated Statutes are amended to read: |
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1 | § 3130. Conduct relating to sex offenders. |
2 | (a) Offense defined.--A person commits a felony of the third |
3 | degree if the person has reason to believe that a sex offender |
4 | is not complying with or has not complied with the requirements |
5 | of the sex offender's probation or parole, imposed by statute or |
6 | court order, or with the registration requirements of 42 Pa.C.S. |
7 | [§ 9795.2 (relating to registration procedures and |
8 | applicability)] Ch. 97 Subch. H (relating to registration of |
9 | sexual offenders), and the person, with the intent to assist the |
10 | sex offender in eluding a law enforcement agent or agency that |
11 | is seeking to find the sex offender to question the sex offender |
12 | about, or to arrest the sex offender for, noncompliance with the |
13 | requirements of the sex offender's probation or parole or the |
14 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H: |
15 | (1) withholds information from or does not notify the |
16 | law enforcement agent or agency about the sex offender's |
17 | noncompliance with the requirements of parole, the |
18 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if |
19 | known, the sex offender's whereabouts; |
20 | * * * |
21 | (b) Definition.--As used in this section, the term "sex |
22 | offender" means a person who is required to register with the |
23 | Pennsylvania State Police pursuant to the provisions of 42 |
24 | Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H. |
25 | § 3141. General rule. |
26 | A person: |
27 | (1) convicted under section 3121 (relating to rape), |
28 | 3122.1 (relating to statutory sexual assault), 3123 (relating |
29 | to involuntary deviate sexual intercourse), 3124.1 (relating |
30 | to sexual assault), 3125 (relating to aggravated indecent |
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1 | assault) or 3126 (relating to indecent assault); or |
2 | (2) required to register with the Pennsylvania State |
3 | Police under 42 Pa.C.S. [§ 9795.2 (relating to registration |
4 | procedures and applicability)] Ch. 97 Subch. H (relating to |
5 | registration of sexual offenders); |
6 | may be required to forfeit property rights in any property or |
7 | assets used to implement or facilitate commission of the crime |
8 | or crimes of which the person has been convicted. Such property |
9 | may include, but is not limited to, a computer or computers, |
10 | telephone equipment, firearms, licit or illicit prescription |
11 | drugs or controlled substances, a motor vehicle or such other |
12 | property or assets as determined by the court of common pleas to |
13 | have facilitated the person's criminal misconduct. |
14 | § 4915. Failure to comply with registration of sexual offenders |
15 | requirements. |
16 | (a) Offense defined.--An individual who is subject to |
17 | registration under 42 Pa.C.S. § [9795.1(a) (relating to |
18 | registration) or an individual who is subject to registration |
19 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] 9799.13 (relating |
20 | to applicability) commits an offense if he knowingly fails to: |
21 | (1) register with the Pennsylvania State Police as |
22 | required under 42 Pa.C.S. § [9795.2 (relating to registration |
23 | procedures and applicability)] 9799.15 (relating to period of |
24 | registration), 9799.19 (relating to initial registration) or |
25 | 9799.25 (relating to verification by sexual offenders and |
26 | Pennsylvania State Police); |
27 | (2) verify his address or be photographed as required |
28 | under 42 Pa.C.S. § [9796 (relating to verification of |
29 | residence)] 9799.15, 9799.19 or 9799.25; or |
30 | (3) provide accurate information when registering under |
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1 | 42 Pa.C.S. § [9795.2 or verifying an address under 42 Pa.C.S. |
2 | § 9796] 9799.15, 9799.19 or 9799.25. |
3 | (a.1) Transients.--An individual set forth in 42 Pa.C.S. § |
4 | 9799.13 who is a transient commits an offense if he knowingly |
5 | fails to: |
6 | (1) register with the Pennsylvania State Police as |
7 | required under 42 Pa.C.S. §§ 9799.15, 9799.16(b)(6) (relating |
8 | to registry) and 9799.25(a)(7); |
9 | (2) verify the information provided in 42 Pa.C.S. §§ |
10 | 9799.15 and 9799.16(b)(6) or be photographed as required |
11 | under 42 Pa.C.S. § 9799.15 or 9799.25; |
12 | (3) provide accurate information when registering under |
13 | 42 Pa.C.S. § 9799.15, 9799.16(b)(6) or 9799.25. |
14 | (a.2) Counseling.--The following apply: |
15 | (1) An individual who is designated as a sexually |
16 | violent predator commits an offense if he knowingly fails to |
17 | comply with 42 Pa.C.S. § 9799.36 (relating to counseling of |
18 | sexually violent predators). |
19 | (2) An individual who is subject to a counseling |
20 | requirement under a sex offender registration statute |
21 | following conviction in another jurisdiction commits an |
22 | offense if he knowingly fails to comply with 42 Pa.C.S. § |
23 | 9799.36. |
24 | (b) Grading for [offenders who must register for ten] sexual |
25 | offenders who must register for 15 years.-- |
26 | (2) Except as set forth in paragraph (3), an individual |
27 | subject to registration under 42 Pa.C.S. § [9795.1(a)] |
28 | 9799.13 and required to register for a period of 15 years who |
29 | commits a violation of subsection (a)(1) or (2) commits a |
30 | felony of the third degree. |
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1 | (3) An individual subject to registration under 42 |
2 | Pa.C.S. § [9795.1(a)] 9799.13 and required to register for a |
3 | period of 15 years who commits a violation of subsection (a) |
4 | (1) or (2) and who has previously been convicted of an |
5 | offense under subsection (a)(1) or (2) or a similar offense |
6 | commits a felony of the second degree. |
7 | (4) An individual subject to registration under 42 |
8 | Pa.C.S. § [9795.1(a)] 9799.13 and required to register for a |
9 | period of 15 years who violates subsection (a)(3) commits a |
10 | felony of the second degree. |
11 | (c) Grading for [sexually violent predators and others with |
12 | lifetime registration] sexual offenders who must register for 25 |
13 | years or life.-- |
14 | (2) Except as set forth in paragraph (3), an individual |
15 | subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) |
16 | or (3)] 9799.13 and required to register for a period of 25 |
17 | years who commits a violation of subsection (a)(1) or (2) |
18 | commits a felony of the second degree. |
19 | (3) An individual subject to registration under 42 |
20 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9799.13 and required to |
21 | register for a period of 25 years who commits a violation of |
22 | subsection (a)(1) or (2) and who has previously been |
23 | convicted of an offense under subsection (a)(1) or (2) or a |
24 | similar offense commits a felony of the first degree. |
25 | (4) An individual subject to registration under 42 |
26 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9799.13 and required to |
27 | register for a period of 25 years who violates subsection (a) |
28 | (3) commits a felony of the first degree. |
29 | (c.1) Grading for sexual offenders who are transients who |
30 | must register for 15 years.-- |
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1 | (1) Except as set forth in paragraph (2), an individual |
2 | subject to registration under 42 Pa.C.S. § 9799.13 who is a |
3 | transient who must register for 15 years commits a felony of |
4 | the third degree if the individual violates subsection (a.1) |
5 | (1), (2) or (3). |
6 | (2) An individual subject to registration under 42 |
7 | Pa.C.S. § 9799.13 who is a transient who must register for a |
8 | period of 15 years commits a felony of the second degree if |
9 | the individual violates subsection (a.1)(1), (2) or (3) and |
10 | has been previously convicted of an offense under subsection |
11 | (a.1)(1), (2) or (3) or a similar offense. |
12 | (c.2) Grading for sexual offenders who are transients who |
13 | must register for 25 years or life.-- |
14 | (1) Except as set forth in paragraph (2), an individual |
15 | subject to registration under 42 Pa.C.S. § 9799.13 who is a |
16 | transient who must register for a period of 25 years or life |
17 | commits a felony of the second degree if the individual |
18 | violates subsection (a.1)(1), (2) or (3). |
19 | (2) An individual subject to registration under 42 |
20 | Pa.C.S. § 9799.13 who is a transient who must register for a |
21 | period of 25 years or life commits a felony of the first |
22 | degree if the individual violates subsection (a.1)(1), (2) or |
23 | (3) and has been previously convicted of an offense under |
24 | subsection (a.1)(1), (2) or (3) or a similar offense. |
25 | (c.3) Grading for failure to comply with counseling |
26 | requirements.--An individual designated as a sexually violent |
27 | predator or an individual who is subject to a counseling |
28 | requirement under a sex offender registration statute following |
29 | conviction in another jurisdiction commits a misdemeanor of the |
30 | first degree if the individual violates subsection (a.2). |
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1 | (d) Effect of notice.--Neither failure on the part of the |
2 | Pennsylvania State Police to send nor failure of a sexually |
3 | violent predator or offender to receive any notice or |
4 | information pursuant to 42 Pa.C.S. § [9796(a.1) or (b.1)] |
5 | 9799.25 shall be a defense to a prosecution commenced against an |
6 | individual arising from a violation of this section. The |
7 | provisions of 42 Pa.C.S. § [9796(a.1) and (b.1)] 9799.25 are not |
8 | an element of an offense under this section. |
9 | (e) Arrests for violation.-- |
10 | (1) A police officer shall have the same right of arrest |
11 | without a warrant as in a felony whenever the police officer |
12 | has probable cause to believe an individual has committed a |
13 | violation of this section regardless of whether the violation |
14 | occurred in the presence of the police officer. |
15 | (2) An individual arrested for a violation of this |
16 | section shall be afforded a preliminary arraignment by the |
17 | proper issuing authority without unnecessary delay. In no |
18 | case may the individual be released from custody without |
19 | first having appeared before the issuing authority. |
20 | (3) Prior to admitting an individual arrested for a |
21 | violation of this section to bail, the issuing authority |
22 | shall require all of the following: |
23 | (i) The individual must be fingerprinted and |
24 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
25 | Subch. H (relating to registration of sexual offenders). |
26 | (ii) The individual must provide the Pennsylvania |
27 | State Police with all current or intended residences, all |
28 | information concerning current or intended employment, |
29 | including all employment locations, and all information |
30 | concerning current or intended enrollment as a student. |
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1 | This subparagraph includes an individual who is a |
2 | transient, in which case the individual must, in addition |
3 | to other information required under this subparagraph, |
4 | provide the information set forth in 42 Pa.C.S. § |
5 | 9799.16(b)(6). |
6 | (iii) Law enforcement must make reasonable attempts |
7 | to verify the information provided by the individual. |
8 | (f) [Definition.--As used in this section, the term "a |
9 | similar offense" means an] Definitions.--As used in this |
10 | section, the following words and phrases shall have the meanings |
11 | given to them in this subsection unless the context clearly |
12 | indicates otherwise: |
13 | "Sexually violent predator." The term shall have the |
14 | meaning given to it in 42 Pa.C.S. § 9799.12 (relating to |
15 | definitions). |
16 | "Similar offense." An offense similar to an offense |
17 | under either subsection (a)(1) or (2) under the laws of this |
18 | Commonwealth, [the United States or one of its territories or |
19 | possessions, another state, the District of Columbia, the |
20 | Commonwealth of Puerto Rico or a foreign nation.] another |
21 | jurisdiction or a foreign country or a military offense, as |
22 | defined in 42 Pa.C.S. § 9799.12 (relating to definitions). |
23 | "Transient." The term shall have the meaning given to it |
24 | in 42 Pa.C.S. § 9799.12 (relating to definitions). |
25 | Section 2. Section 6707(2)(ii) of Title 23 is amended to |
26 | read: |
27 | § 6707. Agency use of designated address. |
28 | State and local government agencies shall accept the |
29 | substitute address designated on a valid program participation |
30 | card issued to the program participant by the Office of Victim |
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1 | Advocate as the program participant's address except as follows: |
2 | * * * |
3 | (2) when the program participant is any of the |
4 | following: |
5 | * * * |
6 | (ii) a convicted sexual offender who has fulfilled |
7 | the offender's sentence but must register the offender's |
8 | community residence as required under 42 Pa.C.S. [§§ |
9 | 9795.1 (relating to registration) and 9795.2 (relating to |
10 | registration procedures and applicability)] Ch. 97 Subch. |
11 | H (relating to registration of sexual offenders) or any |
12 | similar registration requirement imposed by any other |
13 | jurisdiction. |
14 | Section 3. Sections 6358(b), 6403(a)(2), (b)(3) and (d) and |
15 | 6404 of Title 42 are amended to read: |
16 | § 6358. Assessment of delinquent children by the State Sexual |
17 | Offenders Assessment Board. |
18 | * * * |
19 | (b) Duty of probation officer.--Ninety days prior to the |
20 | 20th birthday of the child, the probation officer shall have the |
21 | duty to notify the board of the status of the delinquent child |
22 | and the institution or other facility where the child is |
23 | presently committed. The probation officer shall assist the |
24 | board in obtaining access to the child and any information |
25 | required by the board to perform the assessment, including, but |
26 | not limited to, the child's official court record and complete |
27 | juvenile probation file. |
28 | * * * |
29 | § 6403. Court-ordered involuntary treatment. |
30 | (a) Persons subject to involuntary treatment.--A person may |
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1 | be subject to court-ordered commitment for involuntary treatment |
2 | under this chapter if the person: |
3 | * * * |
4 | (2) Has been committed to an institution or other |
5 | facility pursuant to section 6352 (relating to disposition of |
6 | delinquent child) and remains in [the] any such institution |
7 | or [other] facility upon attaining 20 years of age. |
8 | * * * |
9 | (b) Procedures for initiating court-ordered involuntary |
10 | commitment.-- |
11 | * * * |
12 | (3) The court shall set a date for the hearing which |
13 | shall be held within 30 days of the filing of the petition |
14 | pursuant to paragraph (1) and direct the person to appear for |
15 | the hearing. A copy of the petition and notice of the hearing |
16 | date shall be served on the person, the attorney who |
17 | represented the person at the most recent dispositional |
18 | review hearing pursuant to section 6358(e) and the county |
19 | solicitor or a designee. A copy of the petition, the |
20 | assessment and notice of the hearing date shall also be |
21 | provided to the director of the facility operated by the |
22 | department pursuant to section 6406(a) (relating to duty of |
23 | Department of Public Welfare). The person and the attorney |
24 | who represented the person shall, along with copies of the |
25 | petition, also be provided with written notice advising that |
26 | the person has the right to counsel and that, if he cannot |
27 | afford one, counsel shall be appointed for the person. |
28 | * * * |
29 | (d) Determination and order.--Upon a finding by clear and |
30 | convincing evidence that the person has a mental abnormality or |
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1 | personality disorder which results in serious difficulty in |
2 | controlling sexually violent behavior that makes the person |
3 | likely to engage in an act of sexual violence, an order shall be |
4 | entered directing the immediate commitment of the person for |
5 | [inpatient] involuntary inpatient treatment to a facility |
6 | designated by the department. The order shall be in writing and |
7 | shall be consistent with the protection of the public safety and |
8 | the appropriate control, care and treatment of the person. An |
9 | appeal shall not stay the execution of the order. If the court |
10 | does not order the person to be committed for involuntary |
11 | inpatient treatment by the department, the court shall order the |
12 | director of the facility operated by the department pursuant to |
13 | section 6406(a) to destroy the facility's copy of the petition |
14 | and the assessment. |
15 | § 6404. Duration of inpatient commitment and review. |
16 | (a) Initial period of commitment.--The person shall be |
17 | subject to a period of commitment for inpatient treatment for |
18 | one year. |
19 | (b) Annual review.-- |
20 | (1) Sixty days prior to the expiration of the one-year |
21 | commitment period, the director of the facility or a designee |
22 | shall submit an evaluation and the board shall submit an |
23 | assessment of the person to the court. |
24 | (2) The court shall schedule a review hearing which |
25 | shall be conducted pursuant to section 6403(c) (relating to |
26 | court-ordered involuntary treatment) and which shall be held |
27 | no later than 30 days after receipt of both the evaluation |
28 | and the assessment under paragraph (1). Notice of the review |
29 | hearing shall be provided to the person, the attorney who |
30 | represented the person at the previous hearing held pursuant |
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1 | to this subsection or section 6403, the district attorney and |
2 | the county solicitor or a designee. The person and the |
3 | person's attorney shall also be provided with written notice |
4 | advising that the person has the right to counsel and that, |
5 | if he cannot afford one, counsel shall be appointed for the |
6 | person. If the court determines by clear and convincing |
7 | evidence that the person continues to have serious difficulty |
8 | controlling sexually violent behavior in an inpatient setting |
9 | due to a mental abnormality or personality disorder that |
10 | makes the person likely to engage in an act of sexual |
11 | violence, the court shall order an additional period of |
12 | involuntary inpatient treatment of one year; otherwise, the |
13 | court shall order the [discharge of] department, in |
14 | consultation with the board, to develop an outpatient |
15 | treatment plan for the person. The order shall be in writing |
16 | and shall be consistent with the protection of the public |
17 | safety and appropriate control, care and treatment of the |
18 | person. |
19 | (c) [Discharge] Outpatient treatment plan.-- |
20 | (1) If at any time the director or a designee of the |
21 | facility to which the person was committed concludes the |
22 | person no longer has serious difficulty in controlling |
23 | sexually violent behavior in an inpatient setting, the |
24 | director shall petition the court for a hearing. Notice of |
25 | the petition shall be given to the person, the attorney who |
26 | represented the person at the previous hearing held pursuant |
27 | to subsection (b) or section 6403, the board, the district |
28 | attorney and the county solicitor. The person and the |
29 | person's attorney shall also be provided with written notice |
30 | advising that the person has the right to counsel and that, |
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1 | if he cannot afford one, counsel shall be appointed for the |
2 | person. |
3 | (2) Upon receipt of notice under paragraph (1), the |
4 | board shall conduct a new assessment within 30 days and |
5 | provide that assessment to the court. |
6 | (3) Within 15 days after the receipt of the assessment |
7 | from the board, the court shall hold a hearing pursuant to |
8 | section 6403(c). If the court determines by clear and |
9 | convincing evidence that the person continues to have serious |
10 | difficulty controlling sexually violent behavior in an |
11 | inpatient setting due to a mental abnormality or personality |
12 | disorder that makes the person likely to engage in an act of |
13 | sexual violence, the court shall order that the person be |
14 | subject to the remainder of the period of inpatient |
15 | commitment. Otherwise, the court shall order the [discharge |
16 | of] department, in consultation with the board, to develop an |
17 | outpatient treatment plan for the person. |
18 | (4) The department shall provide the person with notice |
19 | of the person's right to petition the court for [discharge] |
20 | transfer to involuntary outpatient treatment over the |
21 | objection of the department. The court, after review of the |
22 | petition, may schedule a hearing pursuant to section 6403(c). |
23 | (5) An outpatient treatment plan shall be in writing and |
24 | shall identify the specific entity that will provide each |
25 | clinical and support service identified in the plan. |
26 | (6) The department shall provide a copy of the |
27 | outpatient treatment plan to the court, the person, the |
28 | attorney who represented the person at the most recent |
29 | hearing pursuant to section 6403, the board, the district |
30 | attorney, and the county solicitor or a designee. |
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1 | (d) Prohibition on discharge.--The court shall not order |
2 | discharge from involuntary treatment until the person has |
3 | completed involuntary outpatient treatment pursuant to section |
4 | 6404.2 (relating to duration of outpatient commitment and |
5 | review). |
6 | Section 4. Title 42 is amended by adding sections to read: |
7 | § 6404.1. Transfer to involuntary outpatient treatment. |
8 | The court may approve or disapprove an outpatient treatment |
9 | plan. Upon approval of an outpatient treatment plan, the court |
10 | shall order transfer of the person to involuntary outpatient |
11 | treatment pursuant to section 6404.2 (relating to duration of |
12 | outpatient commitment and review). |
13 | § 6404.2. Duration of outpatient commitment and review. |
14 | (a) Terms and conditions.--If a court has ordered the |
15 | transfer of the person to involuntary outpatient treatment |
16 | pursuant to section 6404.1 (relating to transfer to involuntary |
17 | outpatient treatment), the court may in its discretion specify |
18 | the terms and conditions of the outpatient commitment, |
19 | including, but not limited to: |
20 | (1) Absolute compliance with the outpatient treatment |
21 | plan. |
22 | (2) Restrictions and requirements regarding the location |
23 | of the person's residence and the times the person must be |
24 | physically present. |
25 | (3) Restrictions and requirements regarding areas the |
26 | person is not permitted to visit. |
27 | (4) Restrictions and requirements regarding who the |
28 | person may contact in any medium. |
29 | (5) Periodic polygraph tests. |
30 | (b) Duration.--The court shall order involuntary outpatient |
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1 | treatment for a period of one year. |
2 | (c) Status reports.--An involuntary outpatient treatment |
3 | provider shall submit a report on the person's status and |
4 | clinical progress, on a form prescribed by the department, to |
5 | the facility operated by the department pursuant to section |
6 | 6406(a) (relating to duty of Department of Public Welfare), not |
7 | less than every 30 days. |
8 | (d) Failure to comply.--If an involuntary outpatient |
9 | treatment provider becomes aware that the person has violated |
10 | any provision of the treatment plan or any term or condition |
11 | specified pursuant to subsection (a), the provider shall |
12 | immediately notify the facility operated by the department |
13 | pursuant to section 6406(a). The facility shall notify the court |
14 | by the close of the next business day. |
15 | (e) Revocation of transfer.--Upon receiving notice pursuant |
16 | to subsection (d) that the person has violated a term or |
17 | condition of transfer specified pursuant to subsection (a), the |
18 | court may in its discretion revoke the transfer to involuntary |
19 | outpatient treatment and order the immediate return to |
20 | involuntary inpatient treatment without a prior hearing. The |
21 | court may issue a warrant requiring any law enforcement officer |
22 | or any person authorized by the court to take the person into |
23 | custody and return the person to involuntary inpatient |
24 | treatment. The person may file a written request for a hearing |
25 | after revocation of the transfer to involuntary treatment. The |
26 | court shall conduct a hearing pursuant to section 6403(c) |
27 | (relating to court-ordered involuntary treatment) within ten |
28 | days of filing of the request. |
29 | (f) Annual review.-- |
30 | (1) Sixty days prior to the expiration of the one-year |
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1 | outpatient commitment period, the director of the facility or |
2 | a designee shall submit an evaluation, and the board shall |
3 | submit an assessment of the person to the court. |
4 | (2) The court shall schedule a review hearing which |
5 | shall be conducted pursuant to section 6403(c) and which |
6 | shall be held no later than 30 days after receipt of both the |
7 | evaluation and the assessment under paragraph (1). Notice of |
8 | the review hearing shall be provided to the person, the |
9 | attorney who represented the person at the previous hearing |
10 | held pursuant to section 6403, the district attorney and the |
11 | county solicitor or a designee. The person and the person's |
12 | attorney shall also be provided with written notice advising |
13 | that the person has the right to counsel and that, if the |
14 | person cannot afford one, counsel shall be appointed for the |
15 | person. If the court determines by clear and convincing |
16 | evidence that the person has serious difficulty controlling |
17 | sexually violent behavior due to a mental abnormality or |
18 | personality disorder that makes the person likely to engage |
19 | in an act of sexual violence, the court shall order an |
20 | additional period of involuntary inpatient or outpatient |
21 | treatment of one year; otherwise the court shall order the |
22 | discharge of the person. The order shall be in writing and |
23 | shall be consistent with the protection of the public safety |
24 | and appropriate control, care and treatment of the person. |
25 | (g) Discharge.-- |
26 | (1) If at any time the director or a designee of the |
27 | facility operated by the department pursuant to section |
28 | 6406(a) concludes the person no longer has serious difficulty |
29 | in controlling sexually violent behavior, the director shall |
30 | petition the court for a hearing. Notice of the petition |
|
1 | shall be given to the person, the attorney who represented |
2 | the person at the previous hearing held pursuant to section |
3 | 6403, the board, the district attorney and the county |
4 | solicitor. The person and the person's attorney shall also be |
5 | provided with written notice advising that the person has the |
6 | right to counsel and that, if the person cannot afford one, |
7 | counsel shall be appointed for the person. |
8 | (2) Upon receipt of notice under paragraph (1), the |
9 | board shall conduct a new assessment within 30 days and |
10 | provide that assessment to the court. |
11 | (3) Within 15 days after the petition has been filed, |
12 | the court shall hold a hearing pursuant to section 6403(c). |
13 | If the court determines the person no longer has serious |
14 | difficulty controlling sexually violent behavior, the court |
15 | shall order the discharge of the person. If the court denies |
16 | the petition, the person shall be subject to the remainder of |
17 | the period of outpatient commitment. |
18 | (h) Notice.--The involuntary outpatient treatment provider |
19 | shall provide the person with notice of the person's right to |
20 | petition the court for discharge. The court, after review of the |
21 | petition, may schedule a hearing pursuant to section 6403(c). |
22 | Section 5. Sections 6406(a), 6409, 9718.1(a) introductory |
23 | paragraph and (b)(2) and 9718.2(a) and (d) of Title 42 are |
24 | amended to read: |
25 | § 6406. Duty of Department of Public Welfare. |
26 | (a) General rule.--The department shall have the duty to |
27 | provide a separate, secure State-owned facility or unit utilized |
28 | solely for the control, care and treatment of persons committed |
29 | pursuant to this chapter. The department shall be responsible |
30 | for all costs relating to the control, care and treatment of |
|
1 | persons committed to [custody] involuntary treatment pursuant to |
2 | this chapter. |
3 | * * * |
4 | § 6409. Immunity for good faith conduct. |
5 | The following entities shall be immune from liability for |
6 | good faith conduct under this subchapter: |
7 | (1) Members of the board and its agents and employees. |
8 | (2) The department and its agents and employees. |
9 | (3) County probation departments and their agents and |
10 | employees. |
11 | (4) Providers of involuntary outpatient treatment and |
12 | their agents and employees. |
13 | § 9718.1. Sexual offender treatment. |
14 | (a) General rule.--A person, including an offender |
15 | designated as a "sexually violent predator" as defined in |
16 | section [9792] 9799.12 (relating to definitions), shall attend |
17 | and participate in a Department of Corrections program of |
18 | counseling or therapy designed for incarcerated sex offenders if |
19 | the person is incarcerated in a State institution for any of the |
20 | following provisions under 18 Pa.C.S. (relating to crimes and |
21 | offenses): |
22 | * * * |
23 | (b) Eligibility for parole.--For an offender required to |
24 | participate in the program under subsection (a), all of the |
25 | following apply: |
26 | * * * |
27 | (2) Notwithstanding paragraph (1)(iii), an offender who |
28 | is a sexually violent predator is subject to section [9799.4] |
29 | 9799.36 (relating to counseling of sexually violent |
30 | predators). |
|
1 | * * * |
2 | § 9718.2. Sentences for [sex] sexual offenders. |
3 | (a) Mandatory sentence.-- |
4 | (1) Any person who is convicted in any court of this |
5 | Commonwealth of an offense set forth in section [9795.1(a) or |
6 | (b) (relating to registration)] 9799.14 (relating to sexual |
7 | offenses and tier system) shall, if at the time of the |
8 | commission of the current offense the person had previously |
9 | been convicted of an offense set forth in section [9795.1(a) |
10 | or (b)] 9799.14 or an equivalent crime under the laws of this |
11 | Commonwealth in effect at the time of the commission of that |
12 | offense or an equivalent crime in another jurisdiction, be |
13 | sentenced to a minimum sentence of at least 25 years of total |
14 | confinement, notwithstanding any other provision of this |
15 | title or other statute to the contrary. Upon such conviction, |
16 | the court shall give the person oral and written notice of |
17 | the penalties under paragraph (2) for a third conviction. |
18 | Failure to provide such notice shall not render the offender |
19 | ineligible to be sentenced under paragraph (2). |
20 | (2) Where the person had at the time of the commission |
21 | of the current offense previously been convicted of two or |
22 | more offenses arising from separate criminal transactions set |
23 | forth in section [9795.1(a) or (b)] 9799.14 or equivalent |
24 | crimes under the laws of this Commonwealth in effect at the |
25 | time of the commission of the offense or equivalent crimes in |
26 | another jurisdiction, the person shall be sentenced to a term |
27 | of life imprisonment, notwithstanding any other provision of |
28 | this title or other statute to the contrary. Proof that the |
29 | offender received notice of or otherwise knew or should have |
30 | known of the penalties under this paragraph shall not be |
|
1 | required. |
2 | * * * |
3 | (d) Authority of court in sentencing.--[Notice of the |
4 | application of this section shall be provided to the defendant |
5 | before trial.] If the notice is given, there shall be no |
6 | authority in any court to impose on an offender to which this |
7 | section is applicable any lesser sentence than provided for in |
8 | subsections (a) and (b) or to place the offender on probation or |
9 | to suspend sentence. Nothing in this section shall prevent the |
10 | sentencing court from imposing a sentence greater than that |
11 | provided in this section. Sentencing guidelines promulgated by |
12 | the Pennsylvania Commission on Sentencing shall not supersede |
13 | the mandatory sentences provided in this section. |
14 | * * * |
15 | Section 6. Section 9718.3(a) of Title 42 is amended and the |
16 | section is amended by adding a subsection to read: |
17 | § 9718.3. Sentence for failure to comply with registration of |
18 | sexual offenders. |
19 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
20 | follows: |
21 | (1) Sentencing upon conviction for a first offense shall |
22 | be as follows: |
23 | (i) Not less than two years for an individual who: |
24 | (A) [was] is subject to section [9795.1(a) |
25 | (relating to registration)] 9799.13 (relating to |
26 | applicability) and must register for a period of 15 |
27 | years under section 9799.15 (relating to period of |
28 | registration) or a similar provision from another |
29 | jurisdiction; and |
30 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
|
1 | (relating to failure to comply with registration of |
2 | sexual offenders requirements). |
3 | (ii) Not less than three years for an individual |
4 | who: |
5 | (A) [was] is subject to section [9795.1(a)] |
6 | 9799.13 and must register for a period of 15 years |
7 | under section 9799.15 or a similar provision from |
8 | another jurisdiction; and |
9 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
10 | (iii) Not less than three years for an individual |
11 | who: |
12 | (A) [was] is subject to section [9795.1(b)] |
13 | 9799.13 and must register for a period of 25 years |
14 | under section 9799.15 or a similar provision from |
15 | another jurisdiction; and |
16 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
17 | (iv) Not less than five years for an individual who: |
18 | (A) [was] is subject to section [9795.1(b)] |
19 | 9799.13 and must register for a period of 25 years |
20 | under section 9799.15 or a similar provision from |
21 | another jurisdiction; and |
22 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
23 | (2) Sentencing upon conviction for a second or |
24 | subsequent offense shall be as follows: |
25 | (i) Not less than five years for an individual who: |
26 | (A) [was] is subject to section [9795.1] 9799.13 |
27 | and must register for a period of 15 or 25 years or |
28 | life under section 9799.15 or a similar provision |
29 | from another jurisdiction; and |
30 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
|
1 | (ii) Not less than seven years for an individual |
2 | who: |
3 | (A) [was] is subject to section [9795.1] 9799.13 |
4 | and must register for a period of 15 or 25 years or |
5 | life under section 9799.15 or a similar provision |
6 | from another jurisdiction; and |
7 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
8 | (a.1) Transients and mandatory sentence.--Mandatory |
9 | sentencing shall be as follows for an individual subject to |
10 | registration under section 9799.13 who is a transient: |
11 | (1) Sentencing upon conviction for a first offense shall |
12 | not be less than two years for an individual who: |
13 | (i) is subject to sections 9799.16(b)(6) (relating |
14 | to registry) and 9799.25(a)(7) (relating to verification |
15 | by sexual offenders and Pennsylvania State Police) or a |
16 | similar provision from another jurisdiction; and |
17 | (ii) violated 18 Pa.C.S. § 4915(a.1). |
18 | (2) Sentencing upon conviction for a second or |
19 | subsequent offense shall not be less than five years for an |
20 | individual who: |
21 | (i) is subject to sections 9799.16(b)(6) and |
22 | 9799.25(a)(7) or a similar provision from another |
23 | jurisdiction; and |
24 | (ii) violated 18 Pa.C.S. § 4915(a.1). |
25 | * * * |
26 | Section 7. Sections 9791, 9792, 9795.1, 9795.2, 9795.3, |
27 | 9795.4, 9795.5, 9796, 9797, 9798, 9798.1, 9798.2, 9798.3, 9799, |
28 | 9799.1, 9799.2, 9799.3, 9799.4, 9799.7, 9799.8 and 9799.9 of |
29 | Title 42 are repealed: |
30 | [§ 9791. Legislative findings and declaration of policy. |
|
1 | (a) Legislative findings.--It is hereby determined and |
2 | declared as a matter of legislative finding: |
3 | (1) If the public is provided adequate notice and |
4 | information about sexually violent predators and certain |
5 | other offenders, the community can develop constructive plans |
6 | to prepare themselves and their children for the offender's |
7 | release. This allows communities to meet with law enforcement |
8 | to prepare and obtain information about the rights and |
9 | responsibilities of the community and to provide education |
10 | and counseling to their children. |
11 | (2) These sexually violent predators pose a high risk of |
12 | engaging in further offenses even after being released from |
13 | incarceration or commitments and that protection of the |
14 | public from this type of offender is a paramount governmental |
15 | interest. |
16 | (3) The penal and mental health components of our |
17 | justice system are largely hidden from public view and lack |
18 | of information from either may result in failure of both |
19 | systems to meet this paramount concern of public safety. |
20 | (4) Overly restrictive confidentiality and liability |
21 | laws governing the release of information about sexually |
22 | violent predators have reduced the willingness to release |
23 | information that could be appropriately released under the |
24 | public disclosure laws and have increased risks to public |
25 | safety. |
26 | (5) Persons found to have committed such an offense have |
27 | a reduced expectation of privacy because of the public's |
28 | interest in public safety and in the effective operation of |
29 | government. |
30 | (6) Release of information about sexually violent |
|
1 | predators to public agencies and the general public will |
2 | further the governmental interests of public safety and |
3 | public scrutiny of the criminal and mental health systems so |
4 | long as the information released is rationally related to the |
5 | furtherance of those goals. |
6 | (b) Declaration of policy.--It is hereby declared to be the |
7 | intention of the General Assembly to protect the safety and |
8 | general welfare of the people of this Commonwealth by providing |
9 | for registration and community notification regarding sexually |
10 | violent predators who are about to be released from custody and |
11 | will live in or near their neighborhood. It is further declared |
12 | to be the policy of this Commonwealth to require the exchange of |
13 | relevant information about sexually violent predators among |
14 | public agencies and officials and to authorize the release of |
15 | necessary and relevant information about sexually violent |
16 | predators to members of the general public as a means of |
17 | assuring public protection and shall not be construed as |
18 | punitive. |
19 | § 9792. Definitions. |
20 | The following words and phrases when used in this subchapter |
21 | shall have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | "Active notification." Notification pursuant to section 9798 |
24 | (relating to other notification) or any process whereby law |
25 | enforcement, pursuant to the laws of the United States or one of |
26 | its territories or possessions, another state, the District of |
27 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
28 | notifies persons in the community in which the individual |
29 | resides, including any person identified in section 9798(b), of |
30 | the residence, employment or school location of the individual. |
|
1 | "Approved registration site." A site in this Commonwealth |
2 | approved by the Pennsylvania State Police as required by section |
3 | 9799.1(2) (relating to duties of Pennsylvania State Police): |
4 | (1) at which individuals subject to this subchapter may |
5 | register, verify information or be fingerprinted or |
6 | photographed as required by this subchapter; |
7 | (2) which is capable of submitting fingerprints |
8 | utilizing the Integrated Automated Fingerprint Identification |
9 | System or in another manner and in such form as the |
10 | Pennsylvania State Police shall require; and |
11 | (3) which is capable of submitting photographs utilizing |
12 | the Commonwealth Photo Imaging Network or in another manner |
13 | and in such form as the Pennsylvania State Police shall |
14 | require. |
15 | "Board." The State Sexual Offenders Assessment Board. |
16 | "Common interest community." Includes a cooperative, a |
17 | condominium and a planned community where an individual by |
18 | virtue of an ownership interest in any portion of real estate is |
19 | or may become obligated by covenant, easement or agreement |
20 | imposed upon the owner's interest to pay any amount for real |
21 | property taxes, insurance, maintenance, repair, improvement, |
22 | management, administration or regulation of any part of the real |
23 | estate other than the portion or interest owned solely by the |
24 | individual. |
25 | "Commonwealth Photo Imaging Network." The computer network |
26 | administered by the Commonwealth and used to record and store |
27 | digital photographs of an individual's face and any scars, |
28 | marks, tattoos or other unique features of the individual. |
29 | "Employed." Includes a vocation or employment that is full- |
30 | time or part-time for a period of time exceeding 14 days or for |
|
1 | an aggregate period of time exceeding 30 days during any |
2 | calendar year, whether financially compensated, volunteered, |
3 | pursuant to a contract or for the purpose of government or |
4 | educational benefit. |
5 | "Integrated Automated Fingerprint Identification System." |
6 | The national fingerprint and criminal history system maintained |
7 | by the Federal Bureau of Investigation providing automated |
8 | fingerprint search capabilities, latent searching capability, |
9 | electronic image storage and electronic exchange of fingerprints |
10 | and responses. |
11 | "Mental abnormality." A congenital or acquired condition of |
12 | a person that affects the emotional or volitional capacity of |
13 | the person in a manner that predisposes that person to the |
14 | commission of criminal sexual acts to a degree that makes the |
15 | person a menace to the health and safety of other persons. |
16 | "Minor." As used in section 9795.1 (relating to |
17 | registration), is any individual under the age of 18 unless the |
18 | age of the victim who is considered a minor is otherwise defined |
19 | in section 9795.1. |
20 | "Municipality." A city, borough, incorporated town or |
21 | township. |
22 | "Offender." An individual required to register under section |
23 | 9795.1(a), (b)(1) or (2) (relating to registration). |
24 | "Passive notification." Notification pursuant to section |
25 | 9798.1 (relating to information made available on the Internet) |
26 | or any process whereby persons, pursuant to the laws of the |
27 | United States or one of its territories or possessions, another |
28 | state, the District of Columbia, the Commonwealth of Puerto Rico |
29 | or a foreign nation, are able to access information pertaining |
30 | to an individual as a result of the individual having been |
|
1 | convicted or sentenced by a court for an offense similar to an |
2 | offense listed in section 9795.1 (relating to registration). |
3 | "Penetration." Includes any penetration, however slight, of |
4 | the genitals or anus or mouth of another person with a part of |
5 | the person's body or a foreign object for any purpose other than |
6 | good faith medical, hygienic or law enforcement procedures. |
7 | "Predatory." An act directed at a stranger or at a person |
8 | with whom a relationship has been initiated, established, |
9 | maintained or promoted, in whole or in part, in order to |
10 | facilitate or support victimization. |
11 | "Residence." A location where an individual resides or is |
12 | domiciled or intends to be domiciled for 30 consecutive days or |
13 | more during a calendar year. |
14 | "Sexually violent offense." Any criminal offense specified |
15 | in section 9795.1 (relating to registration). |
16 | "Sexually violent predator." A person who has been convicted |
17 | of a sexually violent offense as set forth in section 9795.1 |
18 | (relating to registration) and who is determined to be a |
19 | sexually violent predator under section 9795.4 (relating to |
20 | assessments) due to a mental abnormality or personality disorder |
21 | that makes the person likely to engage in predatory sexually |
22 | violent offenses. The term includes an individual determined to |
23 | be a sexually violent predator where the determination occurred |
24 | in the United States or one of its territories or possessions, |
25 | another state, the District of Columbia, the Commonwealth of |
26 | Puerto Rico, a foreign nation or by court martial. |
27 | "Student." A person who is enrolled on a full-time or part- |
28 | time basis in any public or private educational institution, |
29 | including any secondary school, trade or professional |
30 | institution or institution of higher education. |
|
1 | § 9795.1. Registration. |
2 | (a) Ten-year registration.--The following individuals shall |
3 | be required to register with the Pennsylvania State Police for a |
4 | period of ten years: |
5 | (1) Individuals convicted of any of the following |
6 | offenses: |
7 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
8 | victim is a minor. |
9 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
10 | motor vehicle or structure). |
11 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
12 | assault). |
13 | 18 Pa.C.S. § 3126 (relating to indecent assault) |
14 | where the offense is graded as a misdemeanor of the first |
15 | degree or higher. |
16 | 18 Pa.C.S. § 4302 (relating to incest) where the |
17 | victim is 12 years of age or older but under 18 years of |
18 | age. |
19 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
20 | related offenses) where the actor promotes the |
21 | prostitution of a minor. |
22 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
23 | obscene and other sexual materials and performances) |
24 | where the victim is a minor. |
25 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
26 | children). |
27 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
28 | minor). |
29 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
30 | children). |
|
1 | (2) Individuals convicted of an attempt, conspiracy or |
2 | solicitation to commit any of the offenses under paragraph |
3 | (1) or subsection (b)(2). |
4 | (3) Individuals currently residing in this Commonwealth |
5 | who have been convicted of offenses similar to the crimes |
6 | cited in paragraphs (1) and (2) under the laws of the United |
7 | States or one of its territories or possessions, another |
8 | state, the District of Columbia, the Commonwealth of Puerto |
9 | Rico or a foreign nation or under a former law of this |
10 | Commonwealth. |
11 | (b) Lifetime registration.--The following individuals shall |
12 | be subject to lifetime registration: |
13 | (1) An individual with two or more convictions of any of |
14 | the offenses set forth in subsection (a). |
15 | (2) Individuals convicted of any of the following |
16 | offenses: |
17 | 18 Pa.C.S. § 3121 (relating to rape). |
18 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
19 | sexual intercourse). |
20 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
21 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
22 | assault). |
23 | 18 Pa.C.S. § 4302 (relating to incest) when the |
24 | victim is under 12 years of age. |
25 | (3) Sexually violent predators. |
26 | (4) Individuals currently residing in this Commonwealth |
27 | who have been convicted of offenses similar to the crimes |
28 | cited in paragraph (2) under the laws of the United States or |
29 | one of its territories or possessions, another state, the |
30 | District of Columbia, the Commonwealth of Puerto Rico or a |
|
1 | foreign nation or under a former law of this Commonwealth. |
2 | (c) Natural disaster.--The occurrence of a natural disaster |
3 | or other event requiring evacuation of residences shall not |
4 | relieve an individual of the duty to register or any other duty |
5 | imposed by this chapter. |
6 | § 9795.2. Registration procedures and applicability. |
7 | (a) Registration.-- |
8 | (1) Offenders and sexually violent predators shall be |
9 | required to register with the Pennsylvania State Police upon |
10 | release from incarceration, upon parole from a State or |
11 | county correctional institution or upon the commencement of a |
12 | sentence of intermediate punishment or probation. For |
13 | purposes of registration, offenders and sexually violent |
14 | predators shall provide the Pennsylvania State Police with |
15 | all current or intended residences, all information |
16 | concerning current or intended employment and all information |
17 | concerning current or intended enrollment as a student. |
18 | (2) Offenders and sexually violent predators shall |
19 | inform the Pennsylvania State Police within 48 hours of: |
20 | (i) Any change of residence or establishment of an |
21 | additional residence or residences. |
22 | (ii) Any change of employer or employment location |
23 | for a period of time that will exceed 14 days or for an |
24 | aggregate period of time that will exceed 30 days during |
25 | any calendar year, or termination of employment. |
26 | (iii) Any change of institution or location at which |
27 | the person is enrolled as a student, or termination of |
28 | enrollment. |
29 | (iv) Becoming employed or enrolled as a student if |
30 | the person has not previously provided that information |
|
1 | to the Pennsylvania State Police. |
2 | (2.1) Registration with a new law enforcement agency |
3 | shall occur no later than 48 hours after establishing |
4 | residence in another state. |
5 | (3) The ten-year registration period required in section |
6 | 9795.1(a) (relating to registration) shall be tolled when an |
7 | offender is recommitted for a parole violation or sentenced |
8 | to an additional term of imprisonment. In such cases, the |
9 | Department of Corrections or county correctional facility |
10 | shall notify the Pennsylvania State Police of the admission |
11 | of the offender. |
12 | (4) This paragraph shall apply to all offenders and |
13 | sexually violent predators: |
14 | (i) Where the offender or sexually violent predator |
15 | was granted parole by the Pennsylvania Board of Probation |
16 | and Parole or the court or is sentenced to probation or |
17 | intermediate punishment, the board or county office of |
18 | probation and parole shall collect registration |
19 | information from the offender or sexually violent |
20 | predator and forward that registration information to the |
21 | Pennsylvania State Police. The Department of Corrections |
22 | or county correctional facility shall not release the |
23 | offender or sexually violent predator until it receives |
24 | verification from the Pennsylvania State Police that it |
25 | has received the registration information. Verification |
26 | by the Pennsylvania State Police may occur by electronic |
27 | means, including e-mail or facsimile transmission. Where |
28 | the offender or sexually violent predator is scheduled to |
29 | be released from a State correctional facility or county |
30 | correctional facility because of the expiration of the |
|
1 | maximum term of incarceration, the Department of |
2 | Corrections or county correctional facility shall collect |
3 | the information from the offender or sexually violent |
4 | predator no later than ten days prior to the maximum |
5 | expiration date. The registration information shall be |
6 | forwarded to the Pennsylvania State Police. |
7 | (ii) Where the offender or sexually violent predator |
8 | scheduled to be released from a State correctional |
9 | facility or county correctional facility due to the |
10 | maximum expiration date refuses to provide the |
11 | registration information, the Department of Corrections |
12 | or county correctional facility shall notify the |
13 | Pennsylvania State Police or police department with |
14 | jurisdiction over the facility of the failure to provide |
15 | registration information and of the expected date, time |
16 | and location of the release of the offender or sexually |
17 | violent predator. |
18 | (b) Individuals convicted or sentenced by a court or |
19 | adjudicated delinquent in jurisdictions outside this |
20 | Commonwealth or sentenced by court martial.-- |
21 | (4) An individual who resides, is employed or is a |
22 | student in this Commonwealth and who has been convicted of or |
23 | sentenced by a court or court martialed for a sexually |
24 | violent offense or a similar offense under the laws of the |
25 | United States or one of its territories or possessions, |
26 | another state, the District of Columbia, the Commonwealth of |
27 | Puerto Rico or a foreign nation, or who was required to |
28 | register under a sexual offender statute in the jurisdiction |
29 | where convicted, sentenced or court martialed, shall register |
30 | at an approved registration site within 48 hours of the |
|
1 | individual's arrival in this Commonwealth. The provisions of |
2 | this subchapter shall apply to the individual as follows: |
3 | (i) If the individual has been classified as a |
4 | sexually violent predator as defined in section 9792 |
5 | (relating to definitions) or determined under the laws of |
6 | the other jurisdiction or by reason of court martial to |
7 | be subject to active notification and lifetime |
8 | registration on the basis of a statutorily authorized |
9 | administrative or judicial decision or on the basis of a |
10 | statute or administrative rule requiring active |
11 | notification and lifetime registration based solely on |
12 | the offense for which the individual was convicted, |
13 | sentenced or court martialed, the individual shall, |
14 | notwithstanding section 9792, be considered a sexually |
15 | violent predator and subject to lifetime registration |
16 | pursuant to section 9795.1(b) (relating to registration). |
17 | The individual shall also be subject to the provisions of |
18 | this section and sections 9796 (relating to verification |
19 | of residence), 9798 (relating to other notification) and |
20 | 9798.1(c)(1) (relating to information made available on |
21 | the Internet), except that the individual shall not be |
22 | required to receive counseling unless required to do so |
23 | by the other jurisdiction or by reason of court martial. |
24 | (ii) Except as provided in subparagraphs (i) and |
25 | (iv), if the individual has been convicted or sentenced |
26 | by a court or court martialed for an offense listed in |
27 | section 9795.1(b) or an equivalent offense, the |
28 | individual shall, notwithstanding section 9792, be |
29 | considered an offender and be subject to lifetime |
30 | registration pursuant to 9795.1(b). The individual shall |
|
1 | also be subject to the provisions of this section and |
2 | sections 9796 and 9798.1(c)(2). |
3 | (iii) Except as provided in subparagraphs (i), (ii), |
4 | (iv) and (v), if the individual has been convicted or |
5 | sentenced by a court or court martialed for an offense |
6 | listed in section 9795.1(a) or an equivalent offense, the |
7 | individual shall be, notwithstanding section 9792, |
8 | considered an offender and subject to registration |
9 | pursuant to this subchapter. The individual shall also be |
10 | subject to the provisions of this section and sections |
11 | 9796 and 9798.1(c)(2). The individual shall be subject to |
12 | this subchapter for a period of ten years or for a period |
13 | of time equal to the time for which the individual was |
14 | required to register in the other jurisdiction or |
15 | required to register by reason of court martial, |
16 | whichever is greater, less any credit due to the |
17 | individual as a result of prior compliance with |
18 | registration requirements. |
19 | (iv) Except as provided in subparagraph (i) and |
20 | notwithstanding subparagraph (v), if the individual is |
21 | subject to active notification in the other jurisdiction |
22 | or subject to active notification by reason of court |
23 | martial, the individual shall, notwithstanding section |
24 | 9792, be considered an offender and subject to this |
25 | section and sections 9796, 9798 and 9798.1(c)(1). If the |
26 | individual was convicted of or sentenced in the other |
27 | jurisdiction or sentenced by court martial for an offense |
28 | listed in section 9795.1(b) or an equivalent offense, the |
29 | individual shall be subject to this subchapter for the |
30 | individual's lifetime. If the individual was convicted of |
|
1 | or sentenced in the other jurisdiction or sentenced by |
2 | court martial for an offense listed in section 9795.1(a) |
3 | or an equivalent offense, the individual shall be subject |
4 | to this subchapter for a period of ten years or for a |
5 | period of time equal to the time for which the individual |
6 | was required to register in the other jurisdiction or |
7 | required to register by reason of court martial, |
8 | whichever is greater, less any credit due to the |
9 | individual as a result of prior compliance with |
10 | registration requirements. Otherwise, the individual |
11 | shall be subject to this subchapter for a period of time |
12 | equal to the time for which the individual was required |
13 | to register in the other jurisdiction or required to |
14 | register by reason of court martial, less any credit due |
15 | to the individual as a result of prior compliance with |
16 | registration requirements. |
17 | (v) Except as provided in subparagraphs (i), (ii), |
18 | (iii) and (iv), if the individual is subject to passive |
19 | notification in the other jurisdiction or subject to |
20 | passive notification by reason of court martial, the |
21 | individual shall, notwithstanding section 9792, be |
22 | considered an offender and subject to this section and |
23 | sections 9796 and 9798.1(c)(2). The individual shall be |
24 | subject to this subchapter for a period of time equal to |
25 | the time for which the individual was required to |
26 | register in the other jurisdiction or required to |
27 | register by reason of court martial, less any credit due |
28 | to the individual as a result of prior compliance with |
29 | registration requirements. |
30 | (5) Notwithstanding the provisions of Chapter 63 |
|
1 | (relating to juvenile matters) and except as provided in |
2 | paragraph (4), an individual who resides, is employed or is a |
3 | student in this Commonwealth and who is required to register |
4 | as a sex offender under the laws of the United States or one |
5 | of its territories or possessions, another state, the |
6 | District of Columbia, the Commonwealth of Puerto Rico or a |
7 | foreign nation as a result of a juvenile adjudication shall |
8 | register at an approved registration site within 48 hours of |
9 | the individual's arrival in this Commonwealth. The provisions |
10 | of this subchapter shall apply to the individual as follows: |
11 | (i) If the individual has been classified as a |
12 | sexually violent predator as defined in section 9792 or |
13 | determined under the laws of the other jurisdiction to be |
14 | subject to active notification and lifetime registration |
15 | on the basis of a statutorily authorized administrative |
16 | or judicial decision or on the basis of a statute or |
17 | administrative rule requiring active notification and |
18 | lifetime registration based solely on the offense for |
19 | which the individual was adjudicated, the individual |
20 | shall, notwithstanding section 9792, be considered a |
21 | sexually violent predator and subject to lifetime |
22 | registration pursuant to section 9795.1(b). The |
23 | individual shall also be subject to the provisions of |
24 | this section and sections 9796 and 9798.1(c)(1), except |
25 | that the individual shall not be required to receive |
26 | counseling unless required to do so by the other |
27 | jurisdiction. |
28 | (ii) Except as provided in subparagraph (i), if the |
29 | individual is subject to active notification in the other |
30 | jurisdiction, the individual shall, notwithstanding |
|
1 | section 9792, be considered an offender and subject to |
2 | registration pursuant to this subchapter. The individual |
3 | shall also be subject to the provisions of this section |
4 | and sections 9796, 9798 and 9798.1(c)(1). The individual |
5 | shall be subject to this subchapter for a period of time |
6 | equal to the time for which the individual was required |
7 | to register in the other jurisdiction, less any credit |
8 | due to the individual as a result of prior compliance |
9 | with registration requirements. |
10 | (iii) Except as provided in subparagraphs (i) and |
11 | (ii), if the individual is subject to passive |
12 | notification in the other jurisdiction, the individual |
13 | shall, notwithstanding section 9792, be considered an |
14 | offender and be subject to this section and sections 9796 |
15 | and 9798.1(c)(2). The individual shall be subject to this |
16 | subchapter for a period of time equal to the time for |
17 | which the individual was required to register in the |
18 | other jurisdiction, less any credit due to the individual |
19 | as a result of prior registration compliance. |
20 | (c) Registration information to local police.-- |
21 | (1) The Pennsylvania State Police shall provide the |
22 | information obtained under this section and sections 9795.3 |
23 | (relating to sentencing court information) and 9796 (relating |
24 | to verification of residence) to the chief law enforcement |
25 | officers of the police departments of the municipalities in |
26 | which the individual will reside, be employed or enrolled as |
27 | a student. In addition, the Pennsylvania State Police shall |
28 | provide this officer with the address at which the individual |
29 | will reside, be employed or enrolled as a student following |
30 | his release from incarceration, parole or probation. |
|
1 | (2) The Pennsylvania State Police shall provide notice |
2 | to the chief law enforcement officers of the police |
3 | departments of the municipalities notified pursuant to |
4 | paragraph (1) when an individual fails to comply with the |
5 | registration requirements of this section or section 9796 and |
6 | request, as appropriate, that these police departments assist |
7 | in locating and apprehending the individual. |
8 | (3) The Pennsylvania State Police shall provide notice |
9 | to the chief law enforcement officers of the police |
10 | departments of the municipalities notified pursuant to |
11 | paragraph (1) when they are in receipt of information |
12 | indicating that the individual will no longer reside, be |
13 | employed or be enrolled as a student in the municipality. |
14 | (d) Penalty.--An individual subject to registration under |
15 | section 9795.1(a) or (b) who fails to register with the |
16 | Pennsylvania State Police as required by this section may be |
17 | subject to prosecution under 18 Pa.C.S. § 4915 (relating to |
18 | failure to comply with registration of sexual offenders |
19 | requirements). |
20 | (e) Registration sites.--An individual subject to section |
21 | 9795.1 shall register and submit to fingerprinting and |
22 | photographing as required by this subchapter at approved |
23 | registration sites. |
24 | § 9795.3. Sentencing court information. |
25 | The sentencing court shall inform offenders and sexually |
26 | violent predators at the time of sentencing of the provisions of |
27 | this subchapter. The court shall: |
28 | (1) Specifically inform the offender or sexually violent |
29 | predator of the duty to register and provide the information |
30 | required for each registration, including verification as |
|
1 | required in section 9796(a) (relating to verification of |
2 | residence). |
3 | (2) Specifically inform the offender or sexually violent |
4 | predator of the duty to inform the Pennsylvania State Police |
5 | within ten days if the offender or sexually violent predator |
6 | changes residence or establishes an additional residence or |
7 | residences, changes employer or employment location for a |
8 | period of time that will exceed 14 days or for an aggregate |
9 | period of time that will exceed 30 days during any calendar |
10 | year or terminates employment or changes institution or |
11 | location at which the person is enrolled as a student or |
12 | terminates enrollment. |
13 | (2.1) Specifically inform the offender or sexually |
14 | violent predator of the duty to inform the Pennsylvania State |
15 | Police within ten days of becoming employed or enrolled as a |
16 | student if the person has not previously provided that |
17 | information to the Pennsylvania State Police. |
18 | (3) Specifically inform the offender or sexually violent |
19 | predator of the duty to register with a new law enforcement |
20 | agency if the offender or sexually violent predator moves to |
21 | another state no later than ten days after establishing |
22 | residence in another state. |
23 | (4) Order the fingerprints and photograph of the |
24 | offender or sexually violent predator to be provided to the |
25 | Pennsylvania State Police upon sentencing. |
26 | (5) Specifically inform the offender or sexually violent |
27 | predator of the duty to register with the appropriate |
28 | authorities in any state in which the offender or sexually |
29 | violent predator is employed, carries on a vocation or is a |
30 | student if the state requires such registration. |
|
1 | (6) Require the offender or sexually violent predator to |
2 | read and sign a form stating that the duty to register under |
3 | this subchapter has been explained. Where the offender or |
4 | sexually violent predator is incapable of reading, the court |
5 | shall certify the duty to register was explained to the |
6 | offender or sexually violent predator and the offender or |
7 | sexually violent predator indicated an understanding of the |
8 | duty. |
9 | § 9795.4. Assessments. |
10 | (a) Order for assessment.--After conviction but before |
11 | sentencing, a court shall order an individual convicted of an |
12 | offense specified in section 9795.1 (relating to registration) |
13 | to be assessed by the board. The order for an assessment shall |
14 | be sent to the administrative officer of the board within ten |
15 | days of the date of conviction. |
16 | (b) Assessment.--Upon receipt from the court of an order for |
17 | an assessment, a member of the board as designated by the |
18 | administrative officer of the board shall conduct an assessment |
19 | of the individual to determine if the individual should be |
20 | classified as a sexually violent predator. The board shall |
21 | establish standards for evaluations and for evaluators |
22 | conducting the assessments. An assessment shall include, but not |
23 | be limited to, an examination of the following: |
24 | (1) Facts of the current offense, including: |
25 | (i) Whether the offense involved multiple victims. |
26 | (ii) Whether the individual exceeded the means |
27 | necessary to achieve the offense. |
28 | (iii) The nature of the sexual contact with the |
29 | victim. |
30 | (iv) Relationship of the individual to the victim. |
|
1 | (v) Age of the victim. |
2 | (vi) Whether the offense included a display of |
3 | unusual cruelty by the individual during the commission |
4 | of the crime. |
5 | (vii) The mental capacity of the victim. |
6 | (2) Prior offense history, including: |
7 | (i) The individual's prior criminal record. |
8 | (ii) Whether the individual completed any prior |
9 | sentences. |
10 | (iii) Whether the individual participated in |
11 | available programs for sexual offenders. |
12 | (3) Characteristics of the individual, including: |
13 | (i) Age of the individual. |
14 | (ii) Use of illegal drugs by the individual. |
15 | (iii) Any mental illness, mental disability or |
16 | mental abnormality. |
17 | (iv) Behavioral characteristics that contribute to |
18 | the individual's conduct. |
19 | (4) Factors that are supported in a sexual offender |
20 | assessment field as criteria reasonably related to the risk |
21 | of reoffense. |
22 | (c) Release of information.--All State, county and local |
23 | agencies, offices or entities in this Commonwealth, including |
24 | juvenile probation officers, shall cooperate by providing copies |
25 | of records and information as requested by the board in |
26 | connection with the court-ordered assessment and the assessment |
27 | requested by the Pennsylvania Board of Probation and Parole or |
28 | the assessment of a delinquent child under section 6358 |
29 | (relating to assessment of delinquent children by the State |
30 | Sexual Offenders Assessment Board). |
|
1 | (d) Submission of report by board.--The board shall have 90 |
2 | days from the date of conviction of the individual to submit a |
3 | written report containing its assessment to the district |
4 | attorney. |
5 | (d.1) Summary of offense.--The board shall prepare a |
6 | description of the offense or offenses which trigger the |
7 | application of this subchapter to include, but not be limited |
8 | to: |
9 | (1) A concise narrative of the offender's conduct. |
10 | (2) Whether the victim was a minor. |
11 | (3) The manner of weapon or physical force used or |
12 | threatened. |
13 | (4) If the offense involved unauthorized entry into a |
14 | room or vehicle occupied by the victim. |
15 | (5) If the offense was part of a course or pattern of |
16 | conduct involving multiple incidents or victims. |
17 | (6) Previous instances in which the offender was |
18 | determined guilty of an offense subject to this subchapter or |
19 | of a crime of violence as defined in section 9714(g) |
20 | (relating to sentences for second and subsequent offenses). |
21 | (e) Hearing.-- |
22 | (1) A hearing to determine whether the individual is a |
23 | sexually violent predator shall be scheduled upon the |
24 | praecipe filed by the district attorney. The district |
25 | attorney upon filing a praecipe shall serve a copy of same |
26 | upon defense counsel together with a copy of the report of |
27 | the board. |
28 | (2) The individual and district attorney shall be given |
29 | notice of the hearing and an opportunity to be heard, the |
30 | right to call witnesses, the right to call expert witnesses |
|
1 | and the right to cross-examine witnesses. In addition, the |
2 | individual shall have the right to counsel and to have a |
3 | lawyer appointed to represent him if he cannot afford one. If |
4 | the individual requests another expert assessment, the |
5 | individual shall provide a copy of the expert assessment to |
6 | the district attorney prior to the hearing. |
7 | (3) At the hearing prior to sentencing, the court shall |
8 | determine whether the Commonwealth has proved by clear and |
9 | convincing evidence that the individual is a sexually violent |
10 | predator. |
11 | (4) A copy of the order containing the determination of |
12 | the court shall be immediately submitted to the individual, |
13 | the district attorney, the Pennsylvania Board of Probation |
14 | and Parole, the Department of Corrections, the board and the |
15 | Pennsylvania State Police. |
16 | (f) Presentence investigation.--In all cases where the board |
17 | has performed an assessment pursuant to this section, copies of |
18 | the report shall be provided to the agency preparing the |
19 | presentence investigation. |
20 | (g) Parole assessment.--The Pennsylvania Board of Probation |
21 | and Parole may request of the board an assessment of an offender |
22 | or sexually violent predator be conducted and provide a report |
23 | to the Pennsylvania Board of Probation and Parole prior to |
24 | considering an offender or sexually violent predator for parole. |
25 | (h) Delinquent children.--Except where section 6358(b.1) |
26 | (relating to assessment of delinquent children by the State |
27 | Sexual Offenders Assessment Board) is applicable, the probation |
28 | officer shall notify the board 90 days prior to the 20th |
29 | birthday of the child of the status of the delinquent child who |
30 | is committed to an institution or other facility pursuant to |
|
1 | section 6352 (relating to disposition of delinquent child) after |
2 | having been found delinquent for an act of sexual violence which |
3 | if committed by an adult would be a violation of 18 Pa.C.S. § |
4 | 3121 (relating to rape), 3123 (relating to involuntary deviate |
5 | sexual intercourse), 3124.1 (relating to sexual assault), 3125 |
6 | (relating to aggravated indecent assault), 3126 (relating to |
7 | indecent assault) or 4302 (relating to incest), together with |
8 | the location of the facility where the child is committed. The |
9 | board shall conduct an assessment of the child, which shall |
10 | include the board's determination of whether or not the child is |
11 | in need of commitment due to a mental abnormality as defined in |
12 | section 6402 (relating to definitions) or a personality |
13 | disorder, either of which results in serious difficulty in |
14 | controlling sexually violent behavior, and provide a report to |
15 | the court within the time frames set forth in section 6358(c). |
16 | The probation officer shall assist the board in obtaining access |
17 | to the child and any records or information as requested by the |
18 | board in connection with the assessment. The assessment shall be |
19 | conducted pursuant to subsection (b). |
20 | (i) Other assessments.--Upon receipt from the court of an |
21 | order for an assessment under section 9795.5 (relating to |
22 | exemption from certain notification), a member of the board as |
23 | designated by the administrative officer of the board shall |
24 | conduct an assessment of the individual to determine if the |
25 | relief sought, if granted, is likely to pose a threat to the |
26 | safety of any other person. The board shall establish standards |
27 | for evaluations and for evaluators conducting these assessments. |
28 | § 9795.5. Exemption from certain notifications. |
29 | (a) Lifetime registrants not classified as sexually violent |
30 | predators.-- |
|
1 | (1) An individual required to register under section |
2 | 9795.1 (relating to registration) who is not a sexually |
3 | violent predator may petition the sentencing court to be |
4 | exempt from the application of section 9798.1 (relating to |
5 | information made available on the Internet) provided no less |
6 | than 20 years have passed since the individual has been |
7 | convicted in this or any other jurisdiction of any offense |
8 | punishable by imprisonment for more than one year, or the |
9 | individual's release from custody following the individual's |
10 | most recent conviction for any such offense, whichever is |
11 | later. |
12 | (2) Upon receipt of a petition filed under paragraph |
13 | (1), the sentencing court shall enter an order directing that |
14 | the petitioner be assessed by the board in accordance with |
15 | the provisions of section 9795.4(i) (relating to |
16 | assessments). The order for an assessment under this |
17 | subsection shall be sent to the administrative officer of the |
18 | board within ten days of its entry. No later than 90 days |
19 | following receipt of such an order, the board shall submit a |
20 | written report containing its assessment to the sentencing |
21 | court, the district attorney and the attorney for the |
22 | petitioner. |
23 | (3) Within 120 days of the filing of a petition under |
24 | paragraph (1), the sentencing court shall hold a hearing to |
25 | determine whether to exempt the petitioner from the |
26 | application of section 9798.1. The petitioner and the |
27 | district attorney shall be given notice of the hearing and an |
28 | opportunity to be heard, the right to call witnesses, the |
29 | right to call expert witnesses and the right to cross-examine |
30 | witnesses. The petitioner shall have the right to counsel and |
|
1 | to have a lawyer appointed to represent him if he cannot |
2 | afford one. |
3 | (4) The sentencing court shall exempt the petitioner |
4 | from application of section 9798.1 only upon finding by clear |
5 | and convincing evidence that exempting the petitioner from |
6 | the application of section 9798.1 is not likely to pose a |
7 | threat to the safety of any other person. |
8 | (b) Sexually violent predators.-- |
9 | (1) An individual required to register under section |
10 | 9795.1 who is a sexually violent predator may petition the |
11 | sentencing court for release from the application of section |
12 | 9798 (relating to other notification) provided no less than |
13 | 20 years have passed since the individual has been convicted |
14 | in this or any other jurisdiction of any offense punishable |
15 | by imprisonment for more than one year, or the individual's |
16 | release from custody following the individual's most recent |
17 | conviction for any such offense, whichever is later. |
18 | (2) Upon receipt of a petition under paragraph (1), the |
19 | sentencing court shall order the petitioner to be assessed by |
20 | the board in accordance with the provisions of section |
21 | 9795.4(i). The order for an assessment pursuant to this |
22 | subsection shall be sent to the administrative officer of the |
23 | board within ten days of its entry. No later than 90 days |
24 | following receipt of such an order, the board shall submit a |
25 | written report containing its assessment to the sentencing |
26 | court, the district attorney and the attorney for the |
27 | petitioner. |
28 | (3) Within 120 days of the filing of a petition under |
29 | paragraph (1), the sentencing court shall hold a hearing to |
30 | determine whether to exempt the petitioner from application |
|
1 | of section 9798. The petitioner and the district attorney |
2 | shall be given notice of the hearing and an opportunity to be |
3 | heard, the right to call witnesses, the right to call expert |
4 | witnesses and the right to cross-examine witnesses. The |
5 | petitioner shall have the right to counsel and to have a |
6 | lawyer appointed to represent him if he cannot afford one. |
7 | (4) The sentencing court shall exempt the petitioner |
8 | from application of section 9798 only upon clear and |
9 | convincing evidence that releasing the petitioner from |
10 | application of section 9798 is not likely to pose a threat to |
11 | the safety of any other person. |
12 | (c) Notice.--Any court granting relief to a petitioner under |
13 | this section shall notify the Pennsylvania State Police in |
14 | writing within ten days from the date such relief is granted. |
15 | (d) Right to appeal.--The petitioner and the Commonwealth |
16 | shall have the right to appellate review of the actions of the |
17 | sentencing court taken under this section. An appeal by the |
18 | Commonwealth shall stay the order of the sentencing court. |
19 | (e) Subsequent conviction for failing to comply.--If an |
20 | individual is exempt from the application of either section 9798 |
21 | or 9798.1 under this section and the individual is subsequently |
22 | convicted of an offense under 18 Pa.C.S. § 4915 (relating to |
23 | failure to comply with registration of sexual offenders |
24 | requirements), any relief granted under this section shall be |
25 | void, and the individual shall automatically and immediately |
26 | again be subject to all applicable provisions of this |
27 | subchapter, as previously determined by this subchapter. |
28 | § 9796. Verification of residence. |
29 | (a) Quarterly verification by sexually violent predators.-- |
30 | The Pennsylvania State Police shall verify the residence and |
|
1 | compliance with counseling as provided for in section 9799.4 |
2 | (relating to counseling of sexually violent predators) of |
3 | sexually violent predators every 90 days through the use of a |
4 | nonforwardable verification form to the last reported residence. |
5 | For the period of registration required by section 9795.1 |
6 | (relating to registration), a sexually violent predator shall |
7 | appear quarterly between January 5 and January 15, April 5 and |
8 | April 15, July 5 and July 15 and October 5 and October 15 of |
9 | each calendar year at an approved registration site to complete |
10 | a verification form and to be photographed. |
11 | (a.1) Facilitation of quarterly verification.--The |
12 | Pennsylvania State Police shall facilitate and administer the |
13 | verification process required by subsection (a) by: |
14 | (1) sending a notice by first class United States mail |
15 | to all registered sexually violent predators at their last |
16 | reported residence addresses. This notice shall be sent not |
17 | more than 30 days nor less than 15 days prior to each of the |
18 | quarterly verification periods set forth in subsection (a) |
19 | and shall remind sexually violent predators of their |
20 | quarterly verification requirement and provide them with a |
21 | list of approved registration sites; and |
22 | (2) providing verification and compliance forms as |
23 | necessary to each approved registration site not less than |
24 | ten days before each of the quarterly verification periods. |
25 | (b) Annual verification by offenders.--The Pennsylvania |
26 | State Police shall verify the residence of offenders. For the |
27 | period of registration required by section 9795.1, an offender |
28 | shall appear within ten days before each annual anniversary date |
29 | of the offender's initial registration under section 9795.1 at |
30 | an approved registration site to complete a verification form |
|
1 | and to be photographed. |
2 | (b.1) Facilitation of annual verification.--The Pennsylvania |
3 | State Police shall facilitate and administer the verification |
4 | process required by subsection (b) by: |
5 | (1) sending a notice by first class United States mail |
6 | to all registered offenders at their last reported residence |
7 | addresses. This notice shall be sent not more than 30 days |
8 | nor less than 15 days prior to each offender's annual |
9 | anniversary date and shall remind the offender of the annual |
10 | verification requirement and provide the offender with a list |
11 | of approved registration sites; and |
12 | (2) providing verification and compliance forms as |
13 | necessary to each approved registration site. |
14 | (c) Notification of law enforcement agencies of change of |
15 | residence.--A change of residence of an offender or sexually |
16 | violent predator required to register under this subchapter |
17 | reported to the Pennsylvania State Police shall be immediately |
18 | reported by the Pennsylvania State Police to the appropriate law |
19 | enforcement agency having jurisdiction of the offender's or the |
20 | sexually violent predator's new place of residence. The |
21 | Pennsylvania State Police shall, if the offender or sexually |
22 | violent predator changes residence to another state, notify the |
23 | law enforcement agency with which the offender or sexually |
24 | violent predator must register in the new state. |
25 | (d) Failure to provide verification.--Where an offender or |
26 | sexually violent predator fails to provide verification of |
27 | residence within the ten-day period as set forth in this |
28 | section, the Pennsylvania State Police shall immediately notify |
29 | the municipal police department of the offender's or the |
30 | sexually violent predator's last verified residence. The local |
|
1 | municipal police shall locate the offender or sexually violent |
2 | predator and arrest him for violating this section. The |
3 | Pennsylvania State Police shall assume responsibility for |
4 | locating the offender or sexually violent predator and arresting |
5 | him in jurisdictions where no municipal police jurisdiction |
6 | exists. The Pennsylvania State Police shall assist any municipal |
7 | police department requesting assistance with locating and |
8 | arresting an offender or sexually violent predator who fails to |
9 | verify his residence. |
10 | (e) Penalty.--An individual subject to registration under |
11 | section 9795.1(a) or (b) who fails to verify his residence or to |
12 | be photographed as required by this section may be subject to |
13 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
14 | comply with registration of sexual offenders requirements). |
15 | (f) Effect of notice.--Neither failure on the part of the |
16 | Pennsylvania State Police to send nor failure of a sexually |
17 | violent predator or offender to receive any notice or |
18 | information under subsection (a.1) or (b.1) shall relieve that |
19 | predator or offender from the requirements of this subchapter. |
20 | § 9797. Victim notification. |
21 | (a) Duty to inform victim.-- |
22 | (1) Where the individual is determined to be a sexually |
23 | violent predator by a court under section 9795.4 (relating to |
24 | assessments), the local municipal police department or the |
25 | Pennsylvania State Police where no municipal police |
26 | jurisdiction exists shall give written notice to the sexually |
27 | violent predator's victim when the sexually violent predator |
28 | registers initially and when he notifies the Pennsylvania |
29 | State Police of any change of residence. This notice shall be |
30 | given within 72 hours after the sexually violent predator |
|
1 | registers or notifies the Pennsylvania State Police of a |
2 | change of address. The notice shall contain the sexually |
3 | violent predator's name and the address or addresses where he |
4 | resides. |
5 | (2) A victim may terminate the duty to inform set forth |
6 | in paragraph (1) by providing the local municipal police |
7 | department or the Pennsylvania State Police where no local |
8 | municipal police department exists with a written statement |
9 | releasing that agency from the duty to comply with this |
10 | section as it pertains to that victim. |
11 | (b) Where an individual is not determined to be a sexually |
12 | violent predator.--Where an individual is not determined to be a |
13 | sexually violent predator by a court under section 9795.4, the |
14 | victim shall be notified in accordance with section 201 of the |
15 | act of November 24, 1998 (P.L.882, No.111), known as the Crime |
16 | Victims Act. |
17 | § 9798. Other notification. |
18 | (a) Notice by municipality's chief law enforcement |
19 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
20 | Ch. 91 (relating to criminal history record information), the |
21 | chief law enforcement officer of the full-time or part-time |
22 | police department of the municipality where a sexually violent |
23 | predator lives shall be responsible for providing written notice |
24 | as required under this section. |
25 | (1) The notice shall contain: |
26 | (i) The name of the convicted sexually violent |
27 | predator. |
28 | (ii) The address or addresses at which he resides. |
29 | (iii) The offense for which he was convicted, |
30 | sentenced by a court, adjudicated delinquent or |
|
1 | courtmartialed. |
2 | (iv) A statement that he has been determined by |
3 | court order to be a sexually violent predator, which |
4 | determination has or has not been terminated as of a date |
5 | certain. |
6 | (v) A photograph of the sexually violent predator, |
7 | if available. |
8 | (2) The notice shall not include any information that |
9 | might reveal the victim's name, identity and residence. |
10 | (b) To whom written notice is provided.--The chief law |
11 | enforcement officer shall provide written notice, under |
12 | subsection (a), to the following persons: |
13 | (1) Neighbors of the sexually violent predator. As used |
14 | in this paragraph, where the sexually violent predator lives |
15 | in a common interest community, the term "neighbor" includes |
16 | the unit owners' association and residents of the common |
17 | interest community. |
18 | (2) The director of the county children and youth |
19 | service agency of the county where the sexually violent |
20 | predator resides. |
21 | (3) The superintendent of each school district and the |
22 | equivalent official for private and parochial schools |
23 | enrolling students up through grade 12 in the municipality |
24 | where the sexually violent predator resides. |
25 | (3.1) The superintendent of each school district and the |
26 | equivalent official for each private and parochial school |
27 | located within a one-mile radius of where the sexually |
28 | violent predator resides. |
29 | (4) The licensee of each certified day care center and |
30 | licensed preschool program and owner/operator of each |
|
1 | registered family day care home in the municipality where the |
2 | sexually violent predator resides. |
3 | (5) The president of each college, university and |
4 | community college located within 1,000 feet of a sexually |
5 | violent predator's residence. |
6 | (c) Urgency of notification.--The municipal police |
7 | department's chief law enforcement officer shall provide notice |
8 | within the following time frames: |
9 | (1) To neighbors, notice shall be provided within five |
10 | days after information of the sexually violent predator's |
11 | release date and residence has been received by the chief law |
12 | enforcement officer. Notwithstanding the provisions of |
13 | subsections (a) and (b), verbal notification may be used if |
14 | written notification would delay meeting this time |
15 | requirement. |
16 | (2) To the persons specified in subsection (b)(2), (3), |
17 | (4) and (5), notice shall be provided within seven days after |
18 | the chief law enforcement officer receives information |
19 | regarding the sexually violent predator's release date and |
20 | residence. |
21 | (d) Public notice.--All information provided in accordance |
22 | with subsection (a) shall be available, upon request, to the |
23 | general public. The information may be provided by electronic |
24 | means. |
25 | (e) Interstate transfers.--The duties of police departments |
26 | under this section shall also apply to individuals who are |
27 | transferred to this Commonwealth pursuant to the Interstate |
28 | Compact for the Supervision of Adult Offenders or the Interstate |
29 | Compact for Juveniles. |
30 | § 9798.1. Information made available on the Internet. |
|
1 | (a) Legislative findings.--It is hereby declared to be the |
2 | finding of the General Assembly that public safety will be |
3 | enhanced by making information about sexually violent predators, |
4 | lifetime registrants and other sex offenders available to the |
5 | public through the Internet. Knowledge of whether a person is a |
6 | sexually violent predator, lifetime registrant or other sex |
7 | offender could be a significant factor in protecting oneself and |
8 | one's family members, or those in care of a group or community |
9 | organization, from recidivist acts by sexually violent |
10 | predators, lifetime registrants and other sex offenders. The |
11 | technology afforded by the Internet would make this information |
12 | readily accessible to parents and private entities, enabling |
13 | them to undertake appropriate remedial precautions to prevent or |
14 | avoid placing potential victims at risk. Public access to |
15 | information about sexually violent predators, lifetime |
16 | registrants and other sex offenders is intended solely as a |
17 | means of public protection and shall not be construed as |
18 | punitive. |
19 | (b) Internet posting of sexually violent predators, lifetime |
20 | registrants and other offenders.--The Commissioner of the |
21 | Pennsylvania State Police shall, in the manner and form directed |
22 | by the Governor: |
23 | (1) Develop and maintain a system for making the |
24 | information described in subsection (c) publicly available by |
25 | electronic means so that the public may, without limitation, |
26 | obtain access to the information via an Internet website to |
27 | view an individual record or the records of all sexually |
28 | violent predators, lifetime registrants and other offenders |
29 | who are registered with the Pennsylvania State Police. |
30 | (2) Ensure that the Internet website contains warnings |
|
1 | that any person who uses the information contained therein to |
2 | threaten, intimidate or harass another or who otherwise |
3 | misuses that information may be criminally prosecuted. |
4 | (3) Ensure that the Internet website contains an |
5 | explanation of its limitations, including statements advising |
6 | that a positive identification of a sexually violent |
7 | predator, lifetime registrant or other offender whose record |
8 | has been made available may be confirmed only by |
9 | fingerprints; that some information contained on the Internet |
10 | website may be outdated or inaccurate; and that the Internet |
11 | website is not a comprehensive listing of every person who |
12 | has ever committed a sex offense in Pennsylvania. |
13 | (4) Strive to ensure that: |
14 | (i) the information contained on the Internet |
15 | website is accurate; |
16 | (ii) the data therein is revised and updated as |
17 | appropriate in a timely and efficient manner; and |
18 | (iii) instructions are included on how to seek |
19 | correction of information which a person contends is |
20 | erroneous. |
21 | (5) Provide on the Internet website general information |
22 | designed to inform and educate the public about sex offenders |
23 | and sexually violent predators and the operation of this |
24 | subchapter as well as pertinent and appropriate information |
25 | concerning crime prevention and personal safety, with |
26 | appropriate links to other relevant Internet websites |
27 | operated by the Commonwealth of Pennsylvania. |
28 | (6) Identify when the victim is a minor with a special |
29 | designation. The identity of a victim of a sex offense shall |
30 | not be published or posted on the Internet website. |
|
1 | (c) Information permitted to be disclosed regarding |
2 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
3 | criminal history record information), the Internet website shall |
4 | contain the following information on each individual: |
5 | (1) For sexually violent predators, the following |
6 | information shall be posted on the Internet website: |
7 | (i) name and all known aliases; |
8 | (ii) year of birth; |
9 | (iii) the street address, municipality, county and |
10 | zip code of all residences, including, where applicable, |
11 | the name of the prison or other place of confinement; |
12 | (iv) the street address, municipality, county, zip |
13 | code and name of any institution or location at which the |
14 | person is enrolled as a student; |
15 | (v) the municipality, county and zip code of any |
16 | employment location; |
17 | (vi) a photograph of the offender, which shall be |
18 | updated not less than annually; |
19 | (vii) a physical description of the offender, |
20 | including sex, height, weight, eye color, hair color and |
21 | race; |
22 | (viii) any identifying marks, including scars, |
23 | birthmarks and tattoos; |
24 | (ix) the license plate number and description of any |
25 | vehicle owned or registered to the offender; |
26 | (x) whether the offender is currently compliant with |
27 | registration requirements; |
28 | (xi) whether the victim is a minor; |
29 | (xii) a description of the offense or offenses which |
30 | triggered the application of this subchapter; and |
|
1 | (xiii) the date of the offense and conviction, if |
2 | available. |
3 | (2) For all other lifetime registrants and offenders |
4 | subject to registration, the information set forth in |
5 | paragraph (1) shall be posted on the Internet website. |
6 | (d) Duration of Internet posting.-- |
7 | (1) The information listed in subsection (c) about a |
8 | sexually violent predator shall be made available on the |
9 | Internet for the lifetime of the sexually violent predator. |
10 | (2) The information listed in subsection (c) about an |
11 | offender who is subject to lifetime registration shall be |
12 | made available on the Internet for the lifetime of the |
13 | offender unless the offender is granted relief under section |
14 | 9795.5 (relating to exemption from certain notifications). |
15 | (3) The information listed in subsection (c) about any |
16 | other offender subject to registration shall be made |
17 | available on the Internet for the entire period during which |
18 | the offender is required to register, including any extension |
19 | of this period pursuant to 9795.2(a)(3) (relating to |
20 | registration procedures and applicability). |
21 | § 9798.2. Administration. |
22 | The Governor shall direct the Pennsylvania State Police, the |
23 | Pennsylvania Board of Probation and Parole, the State Sexual |
24 | Offenders Assessment Board, the Department of Corrections, the |
25 | Department of Transportation and any other agency of this |
26 | Commonwealth the Governor deems necessary to collaboratively |
27 | design, develop and implement an integrated and secure system of |
28 | communication, storage and retrieval of information to assure |
29 | the timely, accurate and efficient administration of this |
30 | subchapter. |
|
1 | § 9798.3. Global positioning system technology. |
2 | The Pennsylvania Board of Probation and Parole and county |
3 | probation authorities may impose supervision conditions that |
4 | include offender tracking through global positioning system |
5 | technology. |
6 | § 9799. Immunity for good faith conduct. |
7 | The following entities shall be immune from liability for |
8 | good faith conduct under this subchapter: |
9 | (1) The Pennsylvania State Police and local law |
10 | enforcement agencies and employees of law enforcement |
11 | agencies. |
12 | (2) District attorneys and their agents and employees. |
13 | (3) Superintendents, administrators, teachers, employees |
14 | and volunteers engaged in the supervision of children of any |
15 | public, private or parochial school. |
16 | (4) Directors and employees of county children and youth |
17 | agencies. |
18 | (5) Presidents or similar officers of universities and |
19 | colleges, including community colleges. |
20 | (6) The Pennsylvania Board of Probation and Parole and |
21 | its agents and employees. |
22 | (7) County probation and parole offices and their agents |
23 | and employees. |
24 | (8) Licensees of certified day care centers and |
25 | directors of licensed preschool programs and owners/operators |
26 | of registered family day care homes, and their agents and |
27 | employees. |
28 | (9) The Pennsylvania Department of Corrections and its |
29 | agents and employees. |
30 | (10) County correctional facilities and their agents and |
|
1 | employees. |
2 | (11) Members of the Sexual Offenders Assessment Board |
3 | and its agents and employees. |
4 | (12) The unit owners' association of a common interest |
5 | community and its agents and employees as it relates to |
6 | distributing information regarding sexually violent predators |
7 | obtained pursuant to section 9798(b)(1) (relating to other |
8 | notification). |
9 | § 9799.1. Duties of Pennsylvania State Police. |
10 | The Pennsylvania State Police shall: |
11 | (1) Create and maintain a State registry of offenders |
12 | and sexually violent predators. |
13 | (2) In consultation with the Department of Corrections, |
14 | the Office of Attorney General, the Pennsylvania Board of |
15 | Probation and Parole and the chairman and the minority |
16 | chairman of the Judiciary Committee of the Senate and the |
17 | chairman and the minority chairman of the Judiciary Committee |
18 | of the House of Representatives, promulgate guidelines |
19 | necessary for the general administration of this subchapter. |
20 | These guidelines shall establish procedures to allow an |
21 | individual subject to the requirements of sections 9795.1 |
22 | (relating to registration) and 9796 (relating to verification |
23 | of residence) to fulfill these requirements at approved |
24 | registration sites throughout this Commonwealth. The |
25 | Pennsylvania State Police shall publish a list of approved |
26 | registration sites in the Pennsylvania Bulletin and provide a |
27 | list of approved registration sites in any notices sent to |
28 | individuals required to register under section 9795.1. An |
29 | approved registration site shall be capable of submitting |
30 | fingerprints, photographs and any other information required |
|
1 | electronically to the Pennsylvania State Police. The |
2 | Pennsylvania State Police shall require that approved |
3 | registration sites submit fingerprints utilizing the |
4 | Integrated Automated Fingerprint Identification System or in |
5 | another manner and in such form as the Pennsylvania State |
6 | Police shall require. The Pennsylvania State Police shall |
7 | require that approved registration sites submit photographs |
8 | utilizing the Commonwealth Photo Imaging Network or in |
9 | another manner and in such form as the Pennsylvania State |
10 | Police shall require. Approved registration sites shall not |
11 | be limited to sites managed by the Pennsylvania State Police |
12 | and shall include sites managed by local law enforcement |
13 | agencies that meet the criteria for approved registration |
14 | sites set forth in this paragraph. |
15 | (3) Write regulations regarding neighbor notification of |
16 | the current residence of sexually violent predators. |
17 | (4) Notify, within five days of receiving the offender's |
18 | or the sexually violent predator's registration, the chief |
19 | law enforcement officers of the police departments having |
20 | primary jurisdiction of the municipalities in which an |
21 | offender or sexually violent predator resides, is employed or |
22 | enrolled as a student of the fact that the offender or |
23 | sexually violent predator has been registered with the |
24 | Pennsylvania State Police pursuant to sections 9795.2 |
25 | (relating to registration procedures and applicability) and |
26 | 9796 (relating to verification of residence). |
27 | (5) In consultation with the Department of Education and |
28 | the Pennsylvania Board of Probation and Parole, promulgate |
29 | guidelines directing licensed day-care centers, licensed |
30 | preschool programs, schools, universities and colleges, |
|
1 | including community colleges, on the proper use and |
2 | administration of information received under section 9798 |
3 | (relating to other notification). |
4 | (6) Immediately transfer the information received from |
5 | the Pennsylvania Board of Probation and Parole under section |
6 | 9799.2(2) and (3) (relating to duties of Pennsylvania Board |
7 | of Probation and Parole) and the fingerprints of a sexually |
8 | violent predator to the Federal Bureau of Investigation. |
9 | § 9799.2. Duties of Pennsylvania Board of Probation and Parole. |
10 | The Pennsylvania Board of Probation and Parole shall: |
11 | (1) Create a notification form which will inform State |
12 | and county prison and probation and parole personnel how to |
13 | inform offenders and sexually violent predators required to |
14 | register under this subchapter of their duty under the law. |
15 | (2) In cooperation with the Department of Corrections |
16 | and other Commonwealth agencies, obtain the following |
17 | information regarding offenders and sexually violent |
18 | predators: |
19 | (i) Name, including any aliases. |
20 | (ii) Identifying factors. |
21 | (iii) Anticipated future residence. |
22 | (iv) Offense history. |
23 | (v) Documentation of any treatment received for the |
24 | mental abnormality or personality disorder. |
25 | (vi) Photograph of the offender or sexually violent |
26 | predator. |
27 | (3) Immediately transmit the information in paragraph |
28 | (2) to the Pennsylvania State Police for immediate entry into |
29 | the State registry of offenders and sexually violent |
30 | predators and the criminal history record of the individual |
|
1 | as provided in 18 Pa.C.S. Ch. 91 (relating to criminal |
2 | history record information). |
3 | (4) Apply for Federal funding as provided in the Adam |
4 | Walsh Child Protection and Safety Act of 2006 (Public Law |
5 | 109-248, 120 Stat. 587) to support and enhance programming |
6 | using satellite global positioning system technology. |
7 | § 9799.3. Board. |
8 | (a) Composition.--The State Sexual Offenders Assessment |
9 | Board shall be composed of psychiatrists, psychologists and |
10 | criminal justice experts, each of whom is an expert in the field |
11 | of the behavior and treatment of sexual offenders. |
12 | (b) Appointment.--The Governor shall appoint the board |
13 | members. |
14 | (c) Term of office.--Members of the board shall serve four- |
15 | year terms. |
16 | (d) Compensation.--The members of the board shall be |
17 | compensated at a rate of $350 per assessment and receive |
18 | reimbursement for their actual and necessary expenses while |
19 | performing the business of the board. The chairman shall receive |
20 | $500 additional compensation per annum. |
21 | (e) Staff.--Support staff for the board shall be provided by |
22 | the Pennsylvania Board of Probation and Parole. |
23 | § 9799.4. Counseling of sexually violent predators. |
24 | For the period of registration required by section 9795.1(b) |
25 | (relating to registration), a sexually violent predator shall be |
26 | required to attend at least monthly counseling sessions in a |
27 | program approved by the board and be financially responsible for |
28 | all fees assessed from such counseling sessions. The board shall |
29 | monitor the compliance of the sexually violent predator. If the |
30 | sexually violent predator can prove to the satisfaction of the |
|
1 | court that the person cannot afford to pay for the counseling |
2 | sessions, that person shall still attend the counseling sessions |
3 | and the parole office shall pay the requisite fees. |
4 | § 9799.7. Exemption from notification for certain licensees and |
5 | their employees. |
6 | Nothing in this subchapter shall be construed as imposing a |
7 | duty upon a person licensed under the act of February 19, 1980 |
8 | (P.L.15, No.9), known as the Real Estate Licensing and |
9 | Registration Act, or an employee thereof to disclose any |
10 | information regarding: |
11 | (1) a sexually violent predator; or |
12 | (2) an individual who is transferred to this |
13 | Commonwealth pursuant to the Interstate Compact for the |
14 | Supervision of Adult Offenders or the Interstate Compact for |
15 | Juveniles. |
16 | § 9799.8. Annual performance audit. |
17 | (a) Duties of the Attorney General.--The Attorney General |
18 | shall: |
19 | (1) Conduct a performance audit annually to determine |
20 | compliance with the requirements of this subchapter and any |
21 | guidelines promulgated pursuant thereto. The audit shall, at |
22 | a minimum, include a review of the practices, procedures and |
23 | records of the Pennsylvania State Police, the Pennsylvania |
24 | Board of Probation and Parole, the Department of Corrections, |
25 | the State Sexual Offenders Assessment Board, the |
26 | Administrative Office of the Pennsylvania Courts and any |
27 | other State or local agency the Attorney General deems |
28 | necessary in order to conduct a thorough and accurate |
29 | performance audit. |
30 | (2) Prepare an annual report of its findings and any |
|
1 | action it recommends be taken by the Pennsylvania State |
2 | Police, the Pennsylvania Board of Probation and Parole, the |
3 | Department of Corrections, the State Sexual Offenders |
4 | Assessment Board, the Administrative Office of the |
5 | Pennsylvania Courts, other State or local agencies and the |
6 | General Assembly to ensure compliance with this subchapter. |
7 | The first report shall be released to the general public not |
8 | less than 18 months following the effective date of this |
9 | section. |
10 | (3) Provide a copy of its report to the Pennsylvania |
11 | State Police, the Pennsylvania Board of Probation and Parole, |
12 | the Department of Corrections, the State Sexual Offenders |
13 | Assessment Board, the Administrative Office of the |
14 | Pennsylvania Courts, State or local agencies referenced |
15 | therein, the chairman and the minority chairman of the |
16 | Judiciary Committee of the Senate and the chairman and the |
17 | minority chairman of the Judiciary Committee of the House of |
18 | Representatives no less than 30 days prior to its release to |
19 | the general public. |
20 | (b) Cooperation required.--Notwithstanding any other |
21 | provision of law to the contrary, the Pennsylvania State Police, |
22 | the Pennsylvania Board of Probation and Parole, the Department |
23 | of Corrections, the State Sexual Offenders Assessment Board, the |
24 | Administrative Office of the Pennsylvania Courts, the |
25 | Pennsylvania Commission on Sentencing and any other State or |
26 | local agency requested to do so shall fully cooperate with the |
27 | Attorney General and assist the office in satisfying the |
28 | requirements of this section. For purposes of this subsection, |
29 | full cooperation shall include, at a minimum, complete access to |
30 | unredacted records, files, reports and data systems. |
|
1 | § 9799.9. Photographs and fingerprinting. |
2 | An individual subject to section 9795.1 (relating to |
3 | registration) shall submit to fingerprinting and photographing |
4 | as required by this subchapter at approved registration sites. |
5 | Fingerprinting as required by this subchapter shall, at a |
6 | minimum, require submission of a full set of fingerprints. |
7 | Photographing as required by this subchapter shall, at a |
8 | minimum, require submission to photographs of the face and any |
9 | scars, marks, tattoos or other unique features of the |
10 | individual. Fingerprints and photographs obtained under this |
11 | subchapter may be maintained for use under this subchapter and |
12 | for general law enforcement purposes.] |
13 | Section 8. Title 42 is amended by adding sections to read: |
14 | § 9799.10. Purposes of subchapter. |
15 | This subchapter shall be interpreted and construed to |
16 | effectuate the following purposes: |
17 | (1) To bring the Commonwealth into substantial |
18 | compliance with the Adam Walsh Child Protection and Safety |
19 | Act of 2006 (Public Law 109-248, 120 Stat. 597). |
20 | (2) To require individuals convicted of certain sexual |
21 | offenses to register with the Pennsylvania State Police and |
22 | to otherwise comply with this subchapter if those individuals |
23 | reside within this Commonwealth, intend to reside within this |
24 | Commonwealth, attend an educational institution within this |
25 | Commonwealth or are employed or conduct volunteer work within |
26 | this Commonwealth. |
27 | (3) To require individuals convicted of certain sexual |
28 | offenses who fail to maintain a residence and are therefore |
29 | homeless but can still be found within the borders of this |
30 | Commonwealth to register with the Pennsylvania State Police. |
|
1 | (4) To require individuals who are currently subject to |
2 | the criminal justice system of this Commonwealth as inmates, |
3 | supervised with respect to probation or parole or registrants |
4 | under this subchapter to register with the Pennsylvania State |
5 | Police and to otherwise comply with this subchapter. To the |
6 | extent practicable and consistent with the requirements of |
7 | the Adam Walsh Child Protection and Safety Act of 2006, this |
8 | subchapter shall be construed to maintain existing procedures |
9 | regarding registration of sexual offenders who are subject to |
10 | the criminal justice system of this Commonwealth. |
11 | (5) To provide a mechanism for members of the general |
12 | public to obtain information about certain sexual offenders |
13 | from a public Internet website and to include on that |
14 | Internet website a feature which will allow a member of the |
15 | public to enter a zip code or a geographic radius and |
16 | determine whether a sexual offender resides within that zip |
17 | code or radius. |
18 | (6) To provide a mechanism for law enforcement entities |
19 | within this Commonwealth to obtain information about certain |
20 | sexual offenders and to allow law enforcement entities |
21 | outside this Commonwealth, including those within the Federal |
22 | Government, to obtain current information about certain |
23 | sexual offenders. |
24 | § 9799.11. Legislative findings and declaration of policy. |
25 | (a) Legislative findings.--The General Assembly finds as |
26 | follows: |
27 | (1) In 1995 the General Assembly enacted the act of |
28 | October 24, 1995 (1st Sp.Sess. P.L.1079, No.24), commonly |
29 | referred to as Megan's Law. Through this enactment, the |
30 | General Assembly intended to comply with legislation enacted |
|
1 | by Congress requiring that states provide for the |
2 | registration of sexual offenders. The Federal statute, the |
3 | Jacob Wetterling Crimes Against Children and Sexually Violent |
4 | Offender Registration Act (Public Law 103-322, 42 U.S.C. |
5 | 14071 et seq.), has been superseded by the Adam Walsh Child |
6 | Protection and Safety Act of 2006 (Public Law 109-248, 120 |
7 | Stat. 597). |
8 | (2) This Commonwealth's laws regarding registration of |
9 | sexual offenders need to be strengthened. The Adam Walsh |
10 | Child Protection and Safety Act of 2006 provides a mechanism |
11 | for the Commonwealth to increase its regulation of sexual |
12 | offenders in a manner which is nonpunitive but offers an |
13 | increased measure of protection to the citizens of this |
14 | Commonwealth. |
15 | (3) If the public is provided adequate notice and |
16 | information about sexual offenders, the community can develop |
17 | constructive plans to prepare for the presence of sexual |
18 | offenders in the community. This allows communities to meet |
19 | with law enforcement to prepare and obtain information about |
20 | the rights and responsibilities of the community and to |
21 | provide education and counseling to residents, particularly |
22 | children. |
23 | (4) Sexual offenders pose a high risk of committing |
24 | additional sexual offenses, and protection of the public from |
25 | this type of offender is a paramount governmental interest. |
26 | (5) Sexual offenders have a reduced expectation of |
27 | privacy because of the public's interest in public safety and |
28 | in the effective operation of government. |
29 | (6) Release of information about sexual offenders to |
30 | public agencies and the general public will further the |
|
1 | governmental interests of public safety and public scrutiny |
2 | of the criminal and mental health systems so long as the |
3 | information released is rationally related to the furtherance |
4 | of those goals. |
5 | (7) Knowledge of whether a person is a sexual offender |
6 | could be a significant factor in protecting oneself and one's |
7 | family members, or those in care of a group or community |
8 | organization, from recidivist acts by such offenders. |
9 | (8) The technology afforded by the Internet and other |
10 | modern electronic communication methods makes this |
11 | information readily accessible to parents, minors and private |
12 | entities, enabling them to undertake appropriate remedial |
13 | precautions to prevent or avoid placing potential victims at |
14 | risk. |
15 | (b) Declaration of policy.--The General Assembly declares as |
16 | follows: |
17 | (1) It is the intention of the General Assembly to |
18 | substantially comply with the Adam Walsh Child Protection and |
19 | Safety Act of 2006 and to further protect the safety and |
20 | general welfare of the citizens of this Commonwealth by |
21 | providing for increased regulation of sexual offenders, |
22 | specifically as that regulation relates to registration of |
23 | sexual offenders and community notification about sexual |
24 | offenders. |
25 | (2) It is the policy of the Commonwealth to require the |
26 | exchange of relevant information about sexual offenders among |
27 | public agencies and officials and to authorize the release of |
28 | necessary and relevant information about sexual offenders to |
29 | members of the general public as a means of assuring public |
30 | protection and shall not be construed as punitive. |
|
1 | § 9799.12. Definitions. |
2 | The following words and phrases when used in this subchapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Approved registration site." A site in this Commonwealth |
6 | approved by the Pennsylvania State Police: |
7 | (1) at which individuals subject to this subchapter may |
8 | register, update and verify information or be fingerprinted |
9 | and photographed as required by this subchapter; |
10 | (2) which is capable of submitting fingerprints |
11 | utilizing the Integrated Automated Fingerprint Identification |
12 | System or in another manner and in the form as the |
13 | Pennsylvania State Police shall require; and |
14 | (3) which is capable of submitting photographs in the |
15 | form as the Pennsylvania State Police shall require. |
16 | "Board." The State Sexual Offenders Assessment Board. |
17 | "Common interest community." Includes a cooperative, a |
18 | condominium and a planned community where an individual by |
19 | virtue of an ownership interest in any portion of real estate is |
20 | or may become obligated by covenant, easement or agreement |
21 | imposed upon the owner's interest to pay any amount for real |
22 | property taxes, insurance, maintenance, repair, improvement, |
23 | management, administration or regulation of any part of the real |
24 | estate other than the portion or interest owned solely by the |
25 | individual. |
26 | "Convicted." Includes conviction by entry of plea of guilty |
27 | or nolo contendere, conviction after trial and a finding of not |
28 | guilty due to insanity or of guilty but mentally ill. |
29 | "Employed." Includes a vocation or employment that is full |
30 | time or part time for a period of time exceeding four days |
|
1 | during a seven-day period or for an aggregate period of time |
2 | exceeding 14 days during any calendar year, whether self- |
3 | employed, volunteered, financially compensated, pursuant to a |
4 | contract or for the purpose of governmental or educational |
5 | benefit. |
6 | "Foreign country." Includes Canada, the United Kingdom, |
7 | Australia, New Zealand and a foreign country where the United |
8 | States Department of State in the Country Reports on Human |
9 | Rights Practices has concluded that an independent judiciary |
10 | enforced the right to a fair trial in that country during the |
11 | calendar year in which the individual's conviction occurred. |
12 | "IAFIS." The Integrated Automated Fingerprint Identification |
13 | System. |
14 | "Integrated Automated Fingerprint Identification System." |
15 | The national fingerprint and criminal history system maintained |
16 | by the Federal Bureau of Investigation providing automated |
17 | fingerprint search capabilities, latent searching capability, |
18 | electronic image storage and electronic exchange of fingerprints |
19 | and responses. |
20 | "Jurisdiction." A state, the District of Columbia, the |
21 | Commonwealth of Puerto Rico, Guam, American Samoa, the Northern |
22 | Mariana Islands, the United States Virgin Islands and a |
23 | federally recognized Indian tribe as provided in section 127 of |
24 | the Adam Walsh Child Protection and Safety Act of 2006 (Public |
25 | Law 109-248, 42 U.S.C. § 16927). |
26 | "Juvenile offender." One of the following: |
27 | (1) An individual who was 14 years of age or older at |
28 | the time the individual committed an offense which, if |
29 | committed by an adult, would be classified as an offense |
30 | under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to |
|
1 | involuntary deviate sexual intercourse) or 3125 (relating to |
2 | aggravated indecent assault) or an attempt, solicitation or |
3 | conspiracy to commit an offense under 18 Pa.C.S § 3121, 3123 |
4 | or 3125 and either: |
5 | (i) is adjudicated delinquent for such offense on or |
6 | after the effective date of this section; or |
7 | (ii) has been adjudicated delinquent for such |
8 | offense and, on the effective date of this section, is |
9 | subject to the jurisdiction of the court, including |
10 | commitment to an institution or facility set forth in |
11 | section 6352(a)(3) (relating to a disposition of |
12 | delinquent child). |
13 | (2) An individual who was 14 years of age or older at |
14 | the time the individual committed an offense similar to an |
15 | offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, |
16 | solicitation or conspiracy to commit an offense similar to an |
17 | offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws |
18 | of the United States, another jurisdiction or a foreign |
19 | country and was adjudicated delinquent for such an offense. |
20 | The term does not include a sexually violent delinquent child. |
21 | "Mental abnormality." A congenital or acquired condition of |
22 | a person that affects the emotional or volitional capacity of |
23 | the person in a manner that predisposes that person to the |
24 | commission of criminal sexual acts to a degree that makes the |
25 | person a menace to the health and safety of other persons. |
26 | "Military offense." An offense specified by the United |
27 | States Secretary of Defense under 10 U.S.C. § 951 (relating to |
28 | establishment; organization; administration). |
29 | "Minor." Any individual under 18 years of age. |
30 | "Municipality." A city, borough, incorporated town or |
|
1 | township. |
2 | "NCIC." The National Crime Information Center. |
3 | "Penetration." Includes any penetration, however slight, of |
4 | the genitals or anus or mouth of another person with a part of |
5 | the person's body or a foreign object for any purpose other than |
6 | good faith medical, hygienic or law enforcement procedures. |
7 | "Predatory." An act directed at a stranger or at a person |
8 | with whom a relationship has been initiated, established, |
9 | maintained or promoted, in whole or in part, in order to |
10 | facilitate or support victimization. |
11 | "Registry." The Statewide Registry of Sexual Offenders |
12 | established in section 9799.16(a) (relating to registry). |
13 | "Residence." A location where an individual resides or is |
14 | domiciled or intends to be domiciled for 30 consecutive days or |
15 | more during a calendar year. The term includes a residence which |
16 | is mobile, including a houseboat, mobile home, trailer or |
17 | recreational vehicle. |
18 | "Sexual offender." An individual required to register under |
19 | this subchapter. |
20 | "Sexually violent delinquent child." As defined in section |
21 | 6402 (relating to definitions). |
22 | "Sexually violent offense." An offense specified in section |
23 | 9799.14 (relating to sexual offenses and tier system) as a Tier |
24 | I, Tier II or Tier III sexual offense. |
25 | "Sexually violent predator." An individual convicted of an |
26 | offense specified in: |
27 | (1) section 9799.14(b)(1), (2), (3), (4), (5), (6), (7), |
28 | (8), (9) or (10) (relating to sexual offenses and tier |
29 | system) or an attempt, conspiracy or solicitation to commit |
30 | any offense under section 9799.14(b)(1), (2), (3), (4), (5), |
|
1 | (6), (7), (8), (9) or (10); |
2 | (2) section 9799.14(c)(1), (2), (3), (4), (5) or (6) or |
3 | an attempt, conspiracy or solicitation to commit an offense |
4 | under section 9799.14(c)(1), (2), (3), (4), (5) or (6); or |
5 | (3) section 9799.14(d)(1), (2), (3), (4), (5), (6), (7) |
6 | or (8) or an attempt, conspiracy or solicitation to commit an |
7 | offense under section 9799.14(d)(1), (2), (3), (4), (5), (6), |
8 | (7) or (8) |
9 | who is determined to be a sexually violent predator under |
10 | section 9799.24 (relating to assessments) due to a mental |
11 | abnormality or personality disorder that makes the individual |
12 | likely to engage in predatory sexually violent offenses. The |
13 | term includes an individual determined to be a sexually violent |
14 | predator where the determination occurred in another |
15 | jurisdiction, a foreign country or by court martial. |
16 | "Student." An individual who is enrolled in or attends a |
17 | public or private educational institution within this |
18 | Commonwealth on a full-time or part-time basis, including a |
19 | secondary school, trade or professional institution or |
20 | institution of higher education. The term does not include an |
21 | individual enrolled in an educational institution exclusively |
22 | through the Internet or via correspondence courses. |
23 | "Temporary lodging." The specific location, including street |
24 | address, where a sexual offender is staying when away from the |
25 | sexual offender's residence for seven or more days. |
26 | "Tier I sexual offense." An offense specified in section |
27 | 9799.14(b) (relating to sexual offenses and tier system). |
28 | "Tier II sexual offense." An offense specified in section |
29 | 9799.14(c) (relating to sexual offenses and tier system). |
30 | "Tier III sexual offense." An offense specified in section |
|
1 | 9799.14(d) (relating to sexual offenses and tier system). |
2 | "Transient." An individual required to register under this |
3 | subchapter who does not have a residence but nevertheless |
4 | resides in this Commonwealth in a temporary habitat or other |
5 | temporary place of abode or dwelling, including a homeless |
6 | shelter or park. |
7 | § 9799.13. Applicability. |
8 | The following individuals shall register with the |
9 | Pennsylvania State Police as provided in sections 9799.15 |
10 | (relating to period of registration), 9799.19 (relating to |
11 | initial registration) and 9799.25 (relating to verification by |
12 | sexual offenders and Pennsylvania State Police) and otherwise |
13 | comply with the provisions of this subchapter: |
14 | (1) An individual who, on or after the effective date of |
15 | this section, has been convicted of a sexually violent |
16 | offense and who has a residence within this Commonwealth or |
17 | is a transient. |
18 | (2) An individual who, on or after the effective date of |
19 | this section, is an inmate in a State or county correctional |
20 | institution of this Commonwealth, including a community |
21 | corrections center or a community contract facility, is being |
22 | supervised by the Pennsylvania Board of Probation and Parole |
23 | or county probation or parole or is subject to a sentence of |
24 | intermediate punishment and has committed a sexually violent |
25 | offense. |
26 | (3) An individual who is required to register with the |
27 | Pennsylvania State Police under this subchapter prior to the |
28 | effective date of this section who has not fulfilled the |
29 | period of registration as of the effective date of this |
30 | section. |
|
1 | (4) An individual who was required to register with the |
2 | Pennsylvania State Police pursuant to former section 9795.1 |
3 | and: |
4 | (i) has fulfilled the period of registration |
5 | provided in former section 9795.1(a) (relating to |
6 | registration) or has been removed from the registry under |
7 | former section 9795.5 (relating to exemption from certain |
8 | notifications); and |
9 | (ii) on or after the effective date of this section, |
10 | is convicted of a sexually violent offense or convicted |
11 | of an offense graded as a felony. |
12 | (5) An individual who, on or after the effective date of |
13 | this section, was required to register with the Pennsylvania |
14 | State Police pursuant to this subchapter and: |
15 | (i) has fulfilled the period of registration |
16 | provided in this subchapter; and |
17 | (ii) on or after the effective date of this section, |
18 | is convicted of a sexually violent offense or convicted |
19 | of another offense graded as a felony. |
20 | (6) An individual who, on or after the effective date of |
21 | this section, was required to register with the Pennsylvania |
22 | State Police pursuant to this subchapter and: |
23 | (i) has fulfilled the period of registration |
24 | provided in this subchapter or has been removed from the |
25 | registry pursuant to section 9799.17 (relating to |
26 | reduction of period of registration); and |
27 | (ii) is subsequently convicted of a sexually violent |
28 | offense or subsequently convicted of another offense |
29 | graded as a misdemeanor of the second degree or higher or |
30 | an offense punishable by more than one year imprisonment. |
|
1 | (7) An individual who, on or after the effective date of |
2 | this section, is required to register in a sexual offender |
3 | registry in another jurisdiction or in a foreign country |
4 | based upon a conviction for a sexually violent offense and: |
5 | (i) has a residence in this Commonwealth or is a |
6 | transient; |
7 | (ii) is employed within this Commonwealth; or |
8 | (iii) is a student within this Commonwealth. |
9 | (8) An individual who, on or after the effective date of |
10 | this section, is a juvenile offender who was adjudicated |
11 | delinquent within this Commonwealth or was adjudicated |
12 | delinquent in another jurisdiction or a foreign country and: |
13 | (i) has a residence within this Commonwealth; |
14 | (ii) is employed within this Commonwealth; or |
15 | (iii) is a student within this Commonwealth. |
16 | (9) An individual who, on or after the effective date of |
17 | this section, is a sexually violent delinquent child who is |
18 | committed for involuntary treatment or, on the effective date |
19 | of this section, is under commitment receiving involuntary |
20 | treatment in the State-owned facility or unit as set forth in |
21 | Chapter 64 (relating to court-ordered involuntary treatment |
22 | of certain sexually violent persons). |
23 | § 9799.14. Sexual offenses and tier system. |
24 | (a) Tier system established.--Sexual offenses shall be |
25 | classified in a three-tiered system composed of Tier I sexual |
26 | offenses, Tier II sexual offenses and Tier III sexual offenses. |
27 | (b) Tier I sexual offenses.--The following offenses shall be |
28 | classified as Tier I sexual offenses: |
29 | (1) 18 Pa.C.S. § 2902 (relating to unlawful restraint) |
30 | if the victim is a minor and the sexual offender is not the |
|
1 | victim's parent or guardian. |
2 | (2) 18 Pa.C.S. § 2903 (relating to false imprisonment) |
3 | if the victim is a minor and the sexual offender is not the |
4 | victim's parent or guardian. |
5 | (3) 18 Pa.C.S. § 2904 (relating to interference with |
6 | custody of children) if the victim is a minor and the sexual |
7 | offender is not the victim's parent or guardian. |
8 | (4) 18 Pa.C.S. § 2910 (relating to luring a child into a |
9 | motor vehicle or structure). |
10 | (5) 18 Pa.C.S. § 3124.2 (relating to institutional |
11 | sexual assault) if the victim is an adult. |
12 | (6) 18 Pa.C.S. § 3126 (relating to indecent assault) if |
13 | the offense is graded as a misdemeanor of the first degree or |
14 | higher. |
15 | (7) 18 Pa.C.S. § 3127 (relating to indecent exposure) if |
16 | the offense is graded as a misdemeanor of the first degree. |
17 | (8) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption |
18 | of minors). |
19 | (9) 18 Pa.C.S. § 6312(d) (relating to sexual abuse of |
20 | children). |
21 | (10) 18 Pa.C.S. § 7507.1. (relating to invasion of |
22 | privacy). |
23 | (11) 18 U.S.C. § 1801 (relating to video voyeurism). |
24 | (12) 18 U.S.C. § 2252 (relating to certain activities |
25 | relating to material involving the sexual exploitation of |
26 | minors). |
27 | (13) 18 U.S.C. § 2252A (relating to certain activities |
28 | relating to material constituting or containing child |
29 | pornography). |
30 | (14) 18 U.S.C. § 2252B (relating to misleading domain |
|
1 | names on the Internet). |
2 | (15) 18 U.S.C. § 2252C (relating to misleading words or |
3 | digital images on the Internet). |
4 | (16) 18 U.S.C. § 2422(a) (relating to coercion and |
5 | enticement). |
6 | (17) 18 U.S.C. § 2423(b) (relating to transportation of |
7 | minors). |
8 | (18) 18 U.S.C. § 2423(c). |
9 | (19) 18 U.S.C. § 2424 (relating to filing factual |
10 | statement about alien individual). |
11 | (20) 18 U.S.C. § 2425 (relating to use of interstate |
12 | facilities to transmit information about a minor). |
13 | (21) A comparable military offense or similar offense |
14 | under the laws of another jurisdiction or foreign country. |
15 | (22) An attempt, conspiracy or solicitation to commit an |
16 | offense listed in paragraph (1), (2), (3), (4), (5), (6), |
17 | (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), |
18 | (17), (18), (19), (20) or (21). |
19 | (c) Tier II sexual offenses.--The following offenses shall |
20 | be classified as Tier II sexual offenses: |
21 | (1) 18 Pa.C.S. § 3126 if the offense is graded as a |
22 | misdemeanor or higher or the punishment is one year or more |
23 | or if the sexual offender was previously convicted of 18 |
24 | Pa.C.S. § 3126. |
25 | (2) 18 Pa.C.S. § 5902(b) (relating to prostitution and |
26 | related offenses) if the sexual offender promotes the |
27 | prostitution of a minor. |
28 | (3) 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating |
29 | to obscene and other sexual materials and performances) if |
30 | the victim is a minor. |
|
1 | (4) 18 Pa.C.S. § 6312(b) and (c) (relating to sexual |
2 | abuse of children). |
3 | (5) 18 Pa.C.S. § 6318 (relating to unlawful contact with |
4 | minor). |
5 | (6) 18 Pa.C.S. § 6320 (relating to sexual exploitation |
6 | of children). |
7 | (7) 18 U.S.C. § 1591 (relating to sex trafficking of |
8 | children by force, fraud, or coercion). |
9 | (8) 18 U.S.C. § 2243 (relating to sexual abuse of a |
10 | minor or ward). |
11 | (9) 18 U.S.C. § 2244 (relating to abusive sexual |
12 | contact). |
13 | (10) 18 U.S.C. § 2251 (relating to sexual exploitation |
14 | of children). |
15 | (11) 18 U.S.C. § 2251A (relating to selling or buying of |
16 | children). |
17 | (12) 18 U.S.C. § 2252. |
18 | (13) 18 U.S.C. § 2260 (relating to production of |
19 | sexually explicit depictions of a minor for importation into |
20 | the United States). |
21 | (14) 18 U.S.C. § 2421 (relating to transportation |
22 | generally). |
23 | (15) 18 U.S.C. § 2422(b). |
24 | (16) 18 U.S.C. § 2423(a). |
25 | (17) A comparable military offense or similar offense |
26 | under the laws of another jurisdiction or foreign country. |
27 | (18) An attempt, conspiracy or solicitation to commit an |
28 | offense listed in paragraph (1), (2), (3), (4), (5), (6), |
29 | (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or |
30 | (17). |
|
1 | (19) An offense specified as a Tier I sexual offense |
2 | where there is a subsequent conviction for a sexual offense |
3 | punishable by more than one year's imprisonment. |
4 | (d) Tier III sexual offenses.--The following offenses shall |
5 | be classified as Tier III sexual offenses: |
6 | (1) 18 Pa.C.S. § 2901 (relating to kidnapping) if the |
7 | victim is a minor and the sexual offender is not the victim's |
8 | parent or guardian. |
9 | (2) 18 Pa.C.S. § 3121 (relating to rape). |
10 | (3) 18 Pa.C.S. § 3122.1 (relating to statutory sexual |
11 | assault). |
12 | (4) 18 Pa.C.S. § 3123 (relating to involuntary deviate |
13 | sexual intercourse). |
14 | (5) 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
15 | (6) 18 Pa.C.S. § 3124.2 if the victim is a minor. |
16 | (7) 18 Pa.C.S. § 3125 (relating to aggravated indecent |
17 | assault). |
18 | (8) 18 Pa.C.S. § 3126 (relating to indecent assault) if |
19 | the offense is graded as a misdemeanor of the first degree or |
20 | higher, the victim is less than 13 years of age and the |
21 | punishment is more than one year. |
22 | (9) 18 Pa.C.S. § 4302 (relating to incest) if the victim |
23 | is under 13 years of age or the victim is between 13 years of |
24 | age and 18 years of age and the sexual offender is at least |
25 | four years older than the victim. |
26 | (10) 18 U.S.C. § 2241 (relating to aggravated sexual |
27 | abuse). |
28 | (11) 18 U.S.C. § 2242 (relating to sexual abuse). |
29 | (12) 18 U.S.C. § 2244. |
30 | (13) A comparable military offense or similar offense |
|
1 | under the laws of another jurisdiction or country. |
2 | (14) An attempt, conspiracy or solicitation to commit an |
3 | offense listed in paragraph (1), (2), (3), (4), (5), (6), |
4 | (7), (8), (9), (10), (11), (12) or (13). |
5 | (15) An offense listed as a Tier II sexual offense where |
6 | there is a subsequent conviction for a sexual offense |
7 | punishable by more than one year's imprisonment. |
8 | § 9799.15. Period of registration. |
9 | (a) Period of registration.--Subject to subsection (c), an |
10 | individual specified in section 9799.13 (relating to |
11 | applicability) shall register with the Pennsylvania State Police |
12 | as follows: |
13 | (1) An individual convicted of a Tier I sexual offense |
14 | shall register for a period of 15 years. |
15 | (2) An individual convicted of a Tier II sexual offense |
16 | shall register for a period of 25 years. |
17 | (3) An individual convicted of a Tier III sexual offense |
18 | shall register for the life of the individual. |
19 | (4) A juvenile offender shall register for the life of |
20 | the individual. |
21 | (5) A sexually violent delinquent child shall register |
22 | for the life of the individual. |
23 | (6) A sexually violent predator shall register for the |
24 | life of the individual. |
25 | (b) Commencement of registration and initial registration.-- |
26 | The following apply: |
27 | (1) The period of registration set forth in subsection |
28 | (a) shall commence as follows: |
29 | (i) For an individual convicted of a sexually |
30 | violent offense in this Commonwealth, the period of |
|
1 | registration shall commence upon: |
2 | (A) release from incarceration in a State or |
3 | county correctional facility, including release to a |
4 | community correction center or community contract |
5 | facility; |
6 | (B) parole or a sentence of probation; or |
7 | (C) a sentence of State or county intermediate |
8 | punishment in which the person is not sentenced to a |
9 | period of incarceration. |
10 | (ii) For an individual who is a juvenile offender, |
11 | the period of registration shall commence upon release |
12 | from an institution or facility set forth in section |
13 | 6352(a)(3) (relating to disposition of delinquent child). |
14 | (iii) For a sexually violent delinquent child, the |
15 | period of registration shall commence upon the earlier |
16 | of: |
17 | (A) transfer to involuntary oupatient treatment |
18 | pursuant to section 6401.1 (relating to transfer to |
19 | involuntary outpatient treatment); or |
20 | (B) discharge from commitment to the separate, |
21 | State-owned facility or unit established under |
22 | section 6406 (relating to duty of Department of |
23 | Public Welfare). |
24 | (iv) For an individual who is convicted of a |
25 | sexually violent offense in another jurisdiction or |
26 | foreign country or a comparable military offense, the |
27 | period of registration shall commence upon establishment |
28 | of a residence or commencement of employment or |
29 | enrollment as a student within this Commonwealth. |
30 | (2) An individual specified in section 9799.13 shall |
|
1 | initially register with the Pennsylvania State Police as set |
2 | forth in section 9799.19 (relating to initial registration). |
3 | (c) Period of registration tolled.--The following shall |
4 | apply: |
5 | (1) the period of registration set forth in subsection |
6 | (a) shall be tolled for the period of time in which the |
7 | individual specified in section 9799.13 is: |
8 | (i) incarcerated in a State or county correctional |
9 | institution, excluding a community contract facility or |
10 | community corrections center; |
11 | (ii) subject to a sentence of intermediate |
12 | punishment which is restrictive and where the individual |
13 | is sentenced to a period of incarceration; |
14 | (iii) committed to an institution or facility set |
15 | forth in section 6352(a)(3); or |
16 | (iv) committed to and receiving involuntary |
17 | inpatient treatment in the State-owned facility or unit |
18 | set forth in Chapter 64 (relating to court-ordered |
19 | involuntary treatment of certain sexually violent |
20 | persons). |
21 | (2) This subsection shall apply to an individual |
22 | specified in section 9799.13 who is recommitted to a State or |
23 | county correctional institution for a parole violation or who |
24 | has been sentenced to an additional term of imprisonment. In |
25 | the case of recommitment, the Department of Corrections or |
26 | the county correctional facility shall notify the |
27 | Pennsylvania State Police of the admission of the individual. |
28 | (d) Sexually violent predators.--An individual convicted of |
29 | a Tier I sexual offense, a Tier II sexual offense or a Tier III |
30 | sexual offense who is determined to be a sexually violent |
|
1 | predator under section 9799.24 (relating to assessments) shall |
2 | register for the life of the individual. |
3 | (e) Periodic in-person appearance required.--Except as |
4 | provided in subsection (f) and subject to subsections (g) and |
5 | (h), an individual specified in section 9799.13 shall appear in |
6 | person at an approved registration site to provide or verify the |
7 | information set forth in section 9799.16(b) (relating to |
8 | registry) and to be photographed as follows: |
9 | (1) An individual convicted of a Tier I sexual offense |
10 | shall appear annually. |
11 | (2) An individual convicted of a Tier II sexual offense |
12 | shall appear semiannually. |
13 | (3) An individual convicted of a Tier III sexual offense |
14 | shall appear quarterly. |
15 | (f) Sexually violent predators.--An individual convicted of |
16 | a Tier I sexual offense, a Tier II sexual offense or a Tier III |
17 | sexual offense who is determined to be a sexually violent |
18 | predator under section 9799.24 shall appear in person at an |
19 | approved registration site to provide or verify the information |
20 | set forth in section 9799.16(b) and to be photographed every 90 |
21 | days. |
22 | (g) In-person appearance to update information.--In addition |
23 | to the periodic in-person appearance required in subsection (e), |
24 | an individual specified in section 9799.13 shall appear in |
25 | person at an approved registration site within three business |
26 | days to provide current information relating to: |
27 | (1) A change in name. |
28 | (2) A commencement of residence, change in residence, |
29 | termination of residence or failure to maintain a residence, |
30 | thus making the individual a transient. |
|
1 | (3) Commencement of employment, a change in the location |
2 | or entity in which the individual is employed or a |
3 | termination of employment. |
4 | (4) Initial enrollment as a student, a change in |
5 | enrollment as a student or termination as a student. |
6 | (5) A change in telephone number, including a cell phone |
7 | number, or a termination of telephone number, including a |
8 | cell phone number. |
9 | (6) A change in or termination of a motor vehicle owned |
10 | or operated, including watercraft or aircraft. In order to |
11 | fulfill the requirements of this paragraph, the individual |
12 | must provide any license plate numbers and registration |
13 | numbers or other identifiers. |
14 | (7) A commencement of temporary lodging, a change in |
15 | temporary lodging or a termination of temporary lodging. In |
16 | order to fulfill the requirements of this paragraph, the |
17 | individual must provide the specific length of time and the |
18 | dates during which the individual will be temporarily lodged. |
19 | (8) A change in or termination of e-mail address, |
20 | instant message address or any other designations used in |
21 | Internet communications or postings. |
22 | (h) Transients, juvenile offenders and sexually violent |
23 | delinquent children.--If the individual specified in section |
24 | 9799.13 is a transient, a juvenile offender or a sexually |
25 | violent delinquent child, the following apply: |
26 | (1) If the individual is a transient, the individual |
27 | shall appear in person at an approved registration site to |
28 | provide or to verify the information set forth in section |
29 | 9799.16(b) and to be photographed every 30 days. The duty to |
30 | appear in person every 30 days and to be photographed shall |
|
1 | apply until a transient establishes a residence. In the event |
2 | a transient establishes a residence, the requirement of |
3 | periodic in-person appearances set forth in subsection (c) |
4 | shall apply. |
5 | (2) If the individual is a juvenile offender, the |
6 | individual shall appear at an approved registration site to |
7 | provide or verify the information set forth in section |
8 | 9799.16(b) and to be photographed every 90 days. |
9 | (3) If the individual is a sexually violent delinquent |
10 | child, the individual shall appear at an approved |
11 | registration site to provide or verify the information set |
12 | forth in section 9799.16(b) and to be photographed every 90 |
13 | days. |
14 | (i) International travel.--In addition to the periodic in- |
15 | person appearance required in subsection (c), an individual |
16 | specified in section 9799.13 shall appear in person at an |
17 | approved registration site no less than 21 days in advance of |
18 | traveling outside of the United States. The individual shall |
19 | provide the following information: |
20 | (1) Dates of travel, including date of return to the |
21 | United States. |
22 | (2) Destinations. |
23 | (3) Temporary lodging. |
24 | § 9799.16. Registry. |
25 | (a) Establishment.--There is established a Statewide |
26 | registry of sexual offenders in order to carry out the |
27 | provisions of this subchapter. The Pennsylvania State Police |
28 | shall create and maintain the registry. The registry shall |
29 | maintain a complete and systematic index of all records required |
30 | regarding sexual offenders in order to comply with the Adam |
|
1 | Walsh Child Protection and Safety Act of 2006 (Public Law |
2 | 109-248, 120 Stat. 597). The registry shall: |
3 | (1) Be composed of an electronic database and digitized |
4 | records. |
5 | (2) Be able to communicate with the Sex Offender |
6 | Registration and Notification Act Exchange Portal developed |
7 | by the United States Department of Justice, the National Sex |
8 | Offender Registry or any successor database which is |
9 | maintained by the Department of Justice and the Dru Sjodin |
10 | National Sex Offender Public Website maintained by the |
11 | Department of Justice. |
12 | (3) Be able to communicate with sexual offender |
13 | registries established in other jurisdictions. |
14 | (b) Information provided by sexual offender.--An individual |
15 | specified in section 9799.13 (relating to applicability) shall |
16 | provide the following information which shall be included in the |
17 | registry: |
18 | (1) Primary or given name, including an alias used by |
19 | the individual, nickname, pseudonym, ethnic or tribal name, |
20 | regardless of the context used and any designations or |
21 | monikers used for self-identification in Internet |
22 | communications or postings. |
23 | (2) Designation used by the individual for purposes of |
24 | routing or self-identification in Internet communications or |
25 | postings. |
26 | (3) Telephone number, including cell phone number, and |
27 | any other designation used by the individual for purposes of |
28 | routing or self-identification in telephonic communications. |
29 | (4) Valid Social Security number issued to the |
30 | individual by the Federal Government and purported Social |
|
1 | Security number. |
2 | (5) Address of each residence or intended residence. If |
3 | the individual enters this Commonwealth and fails to maintain |
4 | a residence and is therefore a transient, the individual |
5 | shall provide information for the registry as set forth in |
6 | paragraph (6). |
7 | (6) If the individual is a transient, the individual |
8 | shall provide information about the transient's temporary |
9 | habitat or other temporary place of abode or dwelling, |
10 | including a homeless shelter or park. In addition, the |
11 | transient shall provide a list of places the transient eats, |
12 | frequents and engages in leisure activities and any planned |
13 | destinations, including those outside this Commonwealth. If |
14 | the transient changes or adds to the places listed under this |
15 | paragraph during a 30-day period, the transient shall list |
16 | these when registering as a transient during the next 30-day |
17 | period. In addition, the transient shall provide the place |
18 | the transient receives mail, including a post office box. If |
19 | the transient has been designated as a sexually violent |
20 | predator, the transient shall state whether he is in |
21 | compliance with section 9799.36 (relating to counseling of |
22 | sexually violent predators). The duty to provide the |
23 | information set forth in this paragraph shall apply until the |
24 | transient establishes a residence. In the event a transient |
25 | establishes a residence, the requirements of section |
26 | 9799.15(e) (relating to period of registration) shall apply. |
27 | (7) Temporary lodging. In order to fulfill the |
28 | requirements of this paragraph, the individual must provide |
29 | the specific length of time and the dates during which the |
30 | individual will be temporarily lodged. |
|
1 | (8) A passport and documents establishing immigration |
2 | status, which shall be copied in a digitized format for |
3 | inclusion in the registry. |
4 | (9) Name and address where the individual is employed or |
5 | will be employed. In order to fulfill the requirements of |
6 | this paragraph, if the individual is not employed in a fixed |
7 | workplace, the individual shall provide information regarding |
8 | general travel routes and general areas where the individual |
9 | works. |
10 | (10) Information relating to occupational and |
11 | professional licensing, including type of license held and |
12 | the license number. |
13 | (11) Name and address where the individual is a student |
14 | or will be a student. |
15 | (12) Information relating to motor vehicles owned or |
16 | operated by the individual, including watercraft and |
17 | aircraft. In order to fulfill the requirements of this |
18 | paragraph, the individual shall provide a description of each |
19 | motor vehicle, watercraft or aircraft. The individual shall |
20 | provide a license plate number, registration number or other |
21 | identification number and the address of the place where a |
22 | vehicle is stored. In addition, the individual shall provide |
23 | the individual's license to operate a motor vehicle or other |
24 | identification card issued by the Commonwealth, another |
25 | jurisdiction or a foreign country so that the Pennsylvania |
26 | State Police can fulfill its responsibilities under |
27 | subsection (c)(7). |
28 | (13) Actual date of birth and purported date of birth. |
29 | (14) Form signed by the individual acknowledging the |
30 | individual's obligations under this subchapter provided in |
|
1 | accordance with section 9799.23 (relating to court |
2 | notification and classification requirements). |
3 | (c) Criminal justice information.--The Pennsylvania State |
4 | Police shall ensure that the following information is included |
5 | in the registry: |
6 | (1) Physical description of the individual, including a |
7 | general physical description and tattoos, scars and other |
8 | identifying marks. |
9 | (2) Text of the statute defining the criminal offense |
10 | for which the individual is registered. |
11 | (3) Criminal history record information of the |
12 | individual, including: |
13 | (i) Dates of arrests and convictions. |
14 | (ii) Status of probation, parole or supervised |
15 | release. |
16 | (iii) Whether the individual is in compliance with |
17 | requirements regarding this subchapter or has absconded. |
18 | (iv) Existence of any outstanding warrants. |
19 | (4) Current photograph of the individual. In order to |
20 | fulfill the requirements of this paragraph, in addition to |
21 | the taking of photographs pursuant to section 9799.15(e), the |
22 | Pennsylvania State Police shall ensure that additional |
23 | photographs are taken as needed when there is a significant |
24 | change in appearance of the individual, including the taking |
25 | of a current photograph before the individual is released |
26 | from a State or county correctional institution or an |
27 | institution or facility set forth in section 6352(a)(3) |
28 | (relating to disposition of delinquent child) or discharged |
29 | from the State-owned facility or unit set forth in Chapter 64 |
30 | (relating to court-ordered involuntary treatment of certain |
|
1 | sexually violent persons), due to: |
2 | (i) the expiration of sentence, period of commitment |
3 | or involuntary treatment; |
4 | (ii) parole or other supervised release, including |
5 | release to a community corrections center or a community |
6 | contract facility; |
7 | (iii) commencement of a sentence of intermediate |
8 | punishment; or |
9 | (iv) any other form of supervised release. |
10 | (5) Set of fingerprints and palm prints of the |
11 | individual. In order to fulfill the requirements of this |
12 | paragraph, the palm prints shall be taken for the purpose of |
13 | submission to the Federal Bureau of Investigation Central |
14 | Database. The palm prints shall be submitted for entry into |
15 | the database. |
16 | (6) DNA sample of the individual. In order to fulfill |
17 | the requirements of this paragraph, the sample shall be taken |
18 | for the purpose of analysis and entry into the Combined DNA |
19 | Index System (CODIS). In addition, the sample shall be |
20 | analyzed and submitted for entry into CODIS. |
21 | (7) Photocopy of valid driver's license or |
22 | identification card issued to the individual by the |
23 | Commonwealth, another jurisdiction or a foreign country. |
24 | (d) Cooperation.--The Pennsylvania State Police shall |
25 | cooperate with State and county correctional institutions, the |
26 | Pennsylvania Board of Probation and Parole, the county office of |
27 | probation and parole, any court with jurisdiction over a sexual |
28 | offender, the chief juvenile probation officer of the court, |
29 | juvenile probation and parole and the Department of Public |
30 | Welfare to ensure that the information set forth in subsections |
|
1 | (b) and (c) is provided and placed in the registry. |
2 | § 9799.17. Reduction of period of registration. |
3 | (a) General rule.--The period of registration set forth in |
4 | section 9799.15(a)(1) (relating to period of registration) shall |
5 | be reduced for an individual who was convicted of a sexually |
6 | violent offense and is required to register for a period of 15 |
7 | years if all of the following apply: |
8 | (1) A period of ten years has elapsed since the |
9 | individual was convicted of the sexually violent offense, |
10 | excluding: |
11 | (i) Time spent incarcerated in a State or county |
12 | correctional facility of this Commonwealth or another |
13 | jurisdiction or foreign country. |
14 | (ii) Time spent supervised by the Pennsylvania Board |
15 | of Probation and Parole or the county office of probation |
16 | or parole or probation or parole office of another |
17 | jurisdiction or foreign country. |
18 | (iii) Time spent completing a sentence of |
19 | intermediate punishment or completing another type of |
20 | supervision, including time spent in a community |
21 | corrections center or community contract facility of this |
22 | Commonwealth, another jurisdiction or foreign country. |
23 | (2) The individual has not been convicted of a |
24 | subsequent offense graded as a misdemeanor of the second |
25 | degree or higher or an offense punishable by more than one |
26 | year's imprisonment. |
27 | (3) The individual has not been convicted of a |
28 | subsequent sexually violent offense. |
29 | (4) The individual successfully completed supervised |
30 | release, including probation, parole or other form of |
|
1 | supervision. |
2 | (5) The individual successfully completed treatment |
3 | provided under section 9718.1 (relating to sexual offender |
4 | treatment) or treatment recognized by another jurisdiction or |
5 | foreign country or the United States Attorney General under |
6 | section 115(b)(1) of the Adam Walsh Child Protection and |
7 | Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16915(b) |
8 | (1)). |
9 | (b) Juvenile offender.--An individual who is a juvenile |
10 | offender shall have the requirement to register terminated if |
11 | all of the following apply: |
12 | (1) At least 25 years have elapsed since the individual |
13 | was: |
14 | (i) adjudicated delinquent for an offense which, if |
15 | committed by an adult, would be classified as an offense |
16 | under 18 Pa.C.S. § 3121 (relating to rape), 3123 |
17 | (relating to involuntary deviate sexual intercourse) or |
18 | 3125 (relating to aggravated indecent assault) or an |
19 | attempt, solicitation or conspiracy to commit an offense |
20 | under 18 Pa.C.S. § 3121, 3123 or 3125, excluding time |
21 | spent under the supervision of the court, including |
22 | commitment to an institution or facility set forth in |
23 | section 6352(a)(3) (relating to deposition of delinquent |
24 | child); or |
25 | (ii) adjudicated delinquent for an offense in |
26 | another jurisdiction which is similar to that which if |
27 | committed by an adult in this Commonwealth would be |
28 | classified as an offense under 18 Pa.C.S. § 3121, 3123 or |
29 | 3125 or an attempt, solicitation or conspiracy to commit |
30 | an offense under 18 Pa.C.S. § 3121, 3123 or 3125. |
|
1 | (2) The individual has not been convicted of a |
2 | subsequent offense: |
3 | (i) graded as a misdemeanor of the second degree or |
4 | higher; or |
5 | (ii) which is punishable by a term of imprisonment |
6 | greater than one year. |
7 | (3) The individual successfully completed court-ordered |
8 | supervision. |
9 | (4) The individual successfully completed a treatment |
10 | program for sexual offenders recognized by the juvenile court |
11 | in this Commonwealth or another jurisdiction or the United |
12 | States Attorney General under section 115(b)(1) of the Adam |
13 | Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § |
14 | 16915(b)(1)). |
15 | (c) Procedure.--An individual who seeks to reduce the period |
16 | of registration to ten years pursuant to subsection (a) and an |
17 | individual who seeks to terminate the obligation to register |
18 | pursuant to subsection (b) may petition the sentencing court for |
19 | reduction or termination, as appropriate. The court shall: |
20 | (1) Enter an order directing the petitioner be assessed |
21 | by the board in accordance with section 9799.24 (relating to |
22 | assessments). The order for assessment shall be sent to the |
23 | administrative officer of the board within ten days of its |
24 | entry. No later than 90 days following receipt of such an |
25 | order, the board shall submit a written report containing its |
26 | assessment to the sentencing court, district attorney and the |
27 | attorney for the petitioner. |
28 | (2) Within 120 days of the filing of the petition under |
29 | paragraph (1), the sentencing court shall hold a hearing to |
30 | determine whether to reduce the period of registration to ten |
|
1 | years or to terminate the obligation to register, as |
2 | appropriate. The petitioner and the district attorney shall |
3 | be given notice of the hearing and an opportunity to be |
4 | heard, the right to call witnesses, the right to call expert |
5 | witnesses and the right to cross-examine witnesses. The |
6 | petitioner shall have the right to counsel and to have a |
7 | lawyer appointed if the petitioner cannot afford one. |
8 | (3) The sentencing court shall reduce the period of |
9 | registration to ten years or terminate the obligation to |
10 | register, as appropriate, only upon a finding of clear and |
11 | convincing evidence that allowing the petitioner to reduce |
12 | the period of registration or to terminate the obligation to |
13 | register, as appropriate, is not likely to pose a threat to |
14 | the safety of any other person. |
15 | (d) Notice.--A court granting relief under this section |
16 | shall notify the Pennsylvania State Police in writing within ten |
17 | days from the date relief is granted. |
18 | (e) Right to appeal.--The petitioner and the Commonwealth |
19 | shall have the right to appellate review of the actions of the |
20 | sentencing court taken under this section. An appeal by the |
21 | Commonwealth shall stay the order of the sentencing court. |
22 | (f) Prohibition.--This section shall not apply to an |
23 | individual who: |
24 | (1) Has been designated as a sexually violent predator. |
25 | (2) Has been convicted of a sexually violent offense who |
26 | is required to register for a period of 25 years. |
27 | (3) Has been convicted of a sexually violent offense who |
28 | is required to register for a period of life. |
29 | (4) Is a sexually violent delinquent child. |
30 | § 9799.18. Information sharing. |
|
1 | (a) General rule.--The Pennsylvania State Police shall, |
2 | within three business days, transfer information provided by an |
3 | individual set forth in section 9799.13 (relating to |
4 | applicability) under sections 9799.15(g) and (i) (relating to |
5 | period of registration), 9799.16(b) (relating to registry) and |
6 | 9799.19 (relating to initial registration) to: |
7 | (1) A jurisdiction in which the individual is required |
8 | to register the individual's residence, employment or |
9 | enrollment as a student. |
10 | (2) A jurisdiction in which the individual has |
11 | terminated the individual's residence, employment or |
12 | enrollment as a student. |
13 | (3) The United States Attorney General, the Department |
14 | of Justice and the United States Marshals Service for |
15 | inclusion in the National Sex Offender Registry, NCIC and any |
16 | other database established by such Federal agencies. |
17 | (4) The district attorney of the county in which the |
18 | individual: |
19 | (i) establishes a residence or terminates a |
20 | residence; |
21 | (ii) commences employment or terminates employment; |
22 | or |
23 | (iii) enrolls as a student or terminates enrollment |
24 | as a student. |
25 | (5) The chief law enforcement officer of the police |
26 | department of the municipality in which the individual: |
27 | (i) establishes a residence or terminates a |
28 | residence; |
29 | (ii) commences employment or terminates employment; |
30 | or |
|
1 | (iii) enrolls as a student or terminates enrollment |
2 | as a student. |
3 | (6) The county office of probation and parole for the |
4 | county in which the individual: |
5 | (i) establishes a residence or terminates a |
6 | residence; |
7 | (ii) commences employment or terminates employment; |
8 | or |
9 | (iii) enrolls as a student or terminates enrollment |
10 | as a student. |
11 | (b) When sexual offender fails to appear.--When another |
12 | jurisdiction notifies this Commonwealth that a sexual offender |
13 | has terminated his residence, employment or enrollment as a |
14 | student in that jurisdiction and intends to establish a |
15 | residence in this Commonwealth, commence employment in this |
16 | Commonwealth or commence enrollment as a student in this |
17 | Commonwealth and that sexual offender fails to appear in this |
18 | Commonwealth to register, the Pennsylvania State Police shall |
19 | notify the other jurisdiction that the sexual offender failed to |
20 | appear. |
21 | (c) International residence.--The Pennsylvania State Police |
22 | shall, within three business days, transfer information that a |
23 | sexual offender intends to establish residence in another |
24 | country to: |
25 | (1) A jurisdiction in which the sexual offender is |
26 | required to register residence, employment or enrollment as a |
27 | student. |
28 | (2) The United States Marshals Service. |
29 | (3) The Department of Justice for inclusion in the |
30 | National Sex Offender Registry and NCIC. |
|
1 | (d) International travel.--The Pennsylvania State Police |
2 | shall, within three business days, transfer information about |
3 | international travel provided by the sexual offender under |
4 | section 9799.15(i) to: |
5 | (1) A jurisdiction in which the sexual offender is |
6 | required to register the sexual offender's residence, |
7 | employment or enrollment as a student. |
8 | (2) The United States Marshals Service. |
9 | (3) The Department of Justice for inclusion in the |
10 | National Sex Offender Registry and NCIC. |
11 | (e) National Child Protection Act agencies.--The |
12 | Pennsylvania State Police shall, within three business days, |
13 | transfer such criminal history record information about a sexual |
14 | offender in the registry necessary to enable an agency |
15 | responsible for conducting employment-related background checks |
16 | under section 3 of the National Child Protection Act of 1993 |
17 | (Public Law 103-209, 42 U.S.C. 5119a) to conduct the background |
18 | checks. |
19 | § 9799.19. Initial registration. |
20 | (a) General rule.--An individual set forth in section |
21 | 9799.13 (relating to applicability) shall initially register |
22 | with the Pennsylvania State Police as set forth in this section. |
23 | (b) Initial registration if incarcerated within |
24 | Commonwealth.--The following apply: |
25 | (1) If the individual is, on or after the effective date |
26 | of this section, incarcerated in a State or county |
27 | correctional facility, the individual shall provide the |
28 | information set forth in section 9799.16(b) (relating to |
29 | registry) to the appropriate official of the State or county |
30 | correctional facility or the Pennsylvania Board of Probation |
|
1 | and Parole for inclusion in the registry before being |
2 | released due to: |
3 | (i) the expiration of sentence, in which case the |
4 | information shall be collected no later than ten days |
5 | prior to the maximum expiration date; |
6 | (ii) parole; |
7 | (iii) State or county intermediate punishment where |
8 | the sentence is restrictive and the individual is |
9 | sentenced to a period of incarceration in a State or |
10 | county correctional institution or a work release |
11 | facility; or |
12 | (iv) special probation supervised by the |
13 | Pennsylvania Board of Probation and Parole. |
14 | (2) For individuals set forth in paragraph (1), the |
15 | appropriate official of the State or county correctional |
16 | facility or the Pennsylvania Board of Probation and Parole |
17 | shall collect and forward the information in section |
18 | 9799.16(b) to the Pennsylvania State Police. The appropriate |
19 | official shall, in addition, ensure that the information set |
20 | forth in section 9799.16(c) is collected and forwarded to the |
21 | Pennsylvania State Police. The information in section |
22 | 9799.16(b) and (c) shall be included in the registry. With |
23 | respect to individuals released under paragraphs (1)(ii), |
24 | (iii) or (iv), the State or county correctional facility |
25 | shall not release the individual until it receives |
26 | verification from the Pennsylvania State Police that it has |
27 | received the information set forth in section 9799.16(b) and |
28 | (c). Verification may take place by electronic means. With |
29 | respect to individuals released under paragraph (1)(i), if |
30 | the individual refuses to provide the information set forth |
|
1 | in section 9799.16(b), the State or county correctional |
2 | institution shall notify the Pennsylvania State Police or the |
3 | municipal police department with jurisdiction over the |
4 | facility of the failure to provide the information and of the |
5 | expected date, time and location of the release of the |
6 | individual. |
7 | (c) Initial registration if sentenced to county intermediate |
8 | punishment on effective date of section.--If the individual is, |
9 | on the effective date of this section, sentenced to county |
10 | intermediate punishment which is restorative where the |
11 | individual is not sentenced to incarceration or to a work |
12 | release facility, the individual shall provide the information |
13 | set forth in section 9799.16(b) by appearing at an approved |
14 | registration site within 48 hours of being sentenced. The |
15 | appropriate official of the county office of probation and |
16 | parole shall ensure that the individual has appeared at an |
17 | approved registration site as set forth in this subsection. If |
18 | the individual fails to appear, the appropriate official of the |
19 | county office of probation and parole shall notify the |
20 | Pennsylvania State Police. The Pennsylvania State Police shall |
21 | ensure the information set forth in section 9799.16(c) with |
22 | respect to the individual is collected and entered in the |
23 | registry. |
24 | (d) Initial registration if sentenced to county intermediate |
25 | punishment after effective date of section.--If the individual |
26 | is, after the effective date of this section, sentenced to |
27 | county intermediate punishment, the following apply: |
28 | (1) If the individual is sentenced to county |
29 | intermediate punishment which is restorative, the individual |
30 | shall provide the information set forth in section 9799.16(b) |
|
1 | by appearing at an approved registration site within 48 hours |
2 | of being sentenced. The appropriate official of the county |
3 | office of probation and parole shall ensure that the |
4 | individual has appeared at an approved registration site as |
5 | set forth in this paragraph. If the individual fails to |
6 | appear, the appropriate official of the county office of |
7 | probation and parole shall notify the Pennsylvania State |
8 | Police. The Pennsylvania State Police shall ensure the |
9 | information set forth in section 9799.16(c) with respect to |
10 | the individual is collected and entered in the registry. |
11 | (2) If the individual is sentenced to county |
12 | intermediate punishment which is restrictive where the |
13 | individual is not sentenced to incarceration or to a work |
14 | release facility, the individual shall provide the |
15 | information set forth in section 9799.16(b) by appearing at |
16 | an approved registration site within 48 hours of being |
17 | sentenced. The appropriate official of the county office of |
18 | probation and parole shall ensure that the individual has |
19 | appeared at an approved registration site as set forth in |
20 | this paragraph. If the individual fails to appear, the |
21 | appropriate official of the county office of probation and |
22 | parole shall notify the Pennsylvania State Police. The |
23 | Pennsylvania State Police shall ensure the information set |
24 | forth in section 9799.16(c) with respect to the individual is |
25 | collected and entered in the registry. |
26 | (e) Initial registration if sentenced to county probation on |
27 | or after effective date of section.--If the individual is, on or |
28 | after the effective date of this section, sentenced to county |
29 | probation, the individual shall provide the information set |
30 | forth in section 9799.16(b) by appearing at an approved |
|
1 | registration site within 48 hours of being sentenced. The |
2 | appropriate official of the county office of probation and |
3 | parole shall ensure that the individual has appeared at an |
4 | approved registration site as set forth in this paragraph. If |
5 | the individual fails to appear, the appropriate official of the |
6 | county office of probation and parole shall notify the |
7 | Pennsylvania State Police. The Pennsylvania State Police shall |
8 | ensure the information set forth in section 9799.16(c) with |
9 | respect to the individual is collected and entered in the |
10 | registry. |
11 | (f) Initial registration if being supervised by |
12 | Commonwealth under Interstate Compact for Adult Offender |
13 | Supervision.--If an individual is in this Commonwealth and is |
14 | being supervised by the State Board of Probation and Parole or |
15 | the county office of probation and parole pursuant to the |
16 | Interstate Compact for Adult Offender Supervision, the following |
17 | apply: |
18 | (1) If the individual is being supervised under the |
19 | compact after the effective date of this section, the |
20 | individual shall provide the information set forth in section |
21 | 9799.16(b) to the appropriate official of the State Board of |
22 | Probation and Parole or the county office of probation and |
23 | parole for inclusion in the registry. The appropriate |
24 | official shall collect the information set forth in section |
25 | 9799.16(b) and forward the information to the Pennsylvania |
26 | State Police. The appropriate official shall, in addition, |
27 | ensure that the information set forth in section 9799.16(c) |
28 | is collected and forwarded to the Pennsylvania State Police. |
29 | If the individual fails to provide the information in section |
30 | 9799.16(b), the appropriate official of the State Board of |
|
1 | Probation and Parole or county office of probation and parole |
2 | shall notify the Pennsylvania State Police. |
3 | (2) If the individual is being supervised under the |
4 | compact on the effective date of this section, the individual |
5 | shall provide the information set forth in section 9799.16(b) |
6 | by appearing at an approved registration site within 48 hours |
7 | of the effective date of this section. The appropriate |
8 | official of the Pennsylvania Board of Probation and Parole or |
9 | the county office of probation and parole shall ensure that |
10 | the individual has appeared at an approved registration site |
11 | as set forth in this paragraph. If the individual fails to |
12 | appear, the appropriate official shall notify the |
13 | Pennsylvania State Police. The appropriate official shall, in |
14 | addition, ensure the information set forth in section |
15 | 9799.16(c) is collected and forwarded to the Pennsylvania |
16 | State Police. |
17 | (g) Supervision of individual convicted in Commonwealth who |
18 | does not intend to reside in Commonwealth.--On or after the |
19 | effective date of this section, an individual convicted of a |
20 | sexually violent offense within this Commonwealth who seeks |
21 | transfer of supervision to another jurisdiction pursuant to the |
22 | Interstate Compact for Adult Offender Supervision, shall not |
23 | have supervision transferred to another jurisdiction prior to |
24 | the individual's registration with the Pennsylvania State Police |
25 | as set forth in this section. |
26 | (h) Initial registration of juvenile offender or sexually |
27 | violent delinquent child.--If the individual is a juvenile |
28 | offender or a sexually violent delinquent child, the following |
29 | apply: |
30 | (1) If the individual is a juvenile offender who is |
|
1 | adjudicated delinquent by a court on or after the effective |
2 | date of this section, the court shall require the individual |
3 | to provide the information set forth in section 9799.16(b) to |
4 | the chief juvenile probation officer of the court at the time |
5 | of disposition under section 6352 (relating to disposition of |
6 | delinquent child). The chief juvenile probation officer shall |
7 | collect the information in section 9799.16(b) and (c) and |
8 | forward it to the Pennsylvania State Police for inclusion in |
9 | the registry as directed by the Pennsylvania State Police. If |
10 | the juvenile offender is under court-ordered placement in an |
11 | institution or facility set forth in section 6352(a)(3), the |
12 | institution or facility shall ensure the information provided |
13 | by the juvenile offender pursuant to section 9799.16(b) is |
14 | updated to reflect accurate information prior to release. The |
15 | institution or facility may not release the juvenile offender |
16 | until it receives verification from the Pennsylvania State |
17 | Police that the information required under section 9799.16(b) |
18 | and (c) has been entered in the registry. |
19 | (2) If the individual is, on the effective date of this |
20 | section, a juvenile offender and is subject to the |
21 | jurisdiction of the court pursuant to a disposition entered |
22 | under section 6352 and is on probation, the individual shall |
23 | provide the information set forth in section 9799.16(b) to |
24 | the chief juvenile probation officer of the court within 30 |
25 | days of the effective date of this section. The chief |
26 | juvenile probation officer shall collect the information set |
27 | forth in section 9799.16(b) and (c) and forward it to the |
28 | Pennsylvania State Police for inclusion in the registry, as |
29 | directed by the Pennsylvania State Police. |
30 | (3) If the individual is, on the effective date of this |
|
1 | section, a juvenile offender and is subject to the |
2 | jurisdiction of a court pursuant to a disposition entered |
3 | under section 6352 and is under court-ordered placement in an |
4 | institution or facility set forth in section 6352, the |
5 | director of the institution or facility or a designee shall |
6 | make the juvenile offender available for and facilitate the |
7 | collection of the information set forth in section 9799.16(b) |
8 | and (c) as directed by the Pennsylvania State Police for |
9 | inclusion in the registry. The Pennsylvania State Police may |
10 | require the institution or facility to transport the juvenile |
11 | offender to and from an approved registration site in order |
12 | to fulfill the requirement of this paragraph. In order to |
13 | fulfill the requirements of this paragraph, the chief |
14 | juvenile probation officer of the court shall, within ten |
15 | days of the effective date of this section, notify the |
16 | director of the institution or facility and the Pennsylvania |
17 | State Police that the juvenile offender is required to |
18 | register under this subchapter. In addition, the institution |
19 | or facility shall ensure that the information provided by the |
20 | juvenile offender pursuant to section 9799.16(b) is updated |
21 | to reflect accurate information prior to release. The |
22 | juvenile offender may not be released until the institution |
23 | or facility receives verification from the Pennsylvania State |
24 | Police that the information required under section 9799.16(b) |
25 | and (c) has been entered into the registry. |
26 | (4) If the individual is, on the effective date of this |
27 | section, a sexually violent delinquent child and receiving |
28 | involuntary treatment in the State-owned facility or unit |
29 | under Chapter 64 (relating to court-ordered involuntary |
30 | treatment of certain sexually violent persons), the director |
|
1 | of the facility or unit or a designee shall make the sexually |
2 | violent delinquent child available for and facilitate the |
3 | collection of the information set forth in section 9799.16(b) |
4 | and (c) as directed by the Pennsylvania State Police for |
5 | inclusion in the registry. The Pennsylvania State Police may |
6 | require the facility or unit to transport the sexually |
7 | violent delinquent child to and from an approved registration |
8 | site in order to fulfill the requirement of this paragraph. |
9 | In addition, the facility or unit shall ensure that the |
10 | information provided by the sexually violent delinquent child |
11 | pursuant to section 9799.16(b) is updated to reflect accurate |
12 | information prior to release. The facility or unit may not |
13 | release the sexually violent delinquent child until it has |
14 | received verification from the Pennsylvania State Police that |
15 | it has received the information set forth in section |
16 | 9799.16(b) and (c). |
17 | (5) If the individual is, on or after the effective date |
18 | of this section, determined by the court to be a sexually |
19 | violent delinquent child and committed for involuntary |
20 | treatment to the State-owned facility or unit under Chapter |
21 | 64, the following apply: |
22 | (i) The court shall require the individual to |
23 | provide the information set forth in section 9799.16(b) |
24 | to the chief juvenile probation officer of the court at |
25 | the time of commitment. The chief juvenile probation |
26 | officer shall collect and forward the information to the |
27 | Pennsylvania State Police for inclusion in the registry. |
28 | The chief juvenile probation officer shall, at the time |
29 | of commitment, also ensure that the information set forth |
30 | in section 9799.16(c) is collected and forwarded to the |
|
1 | Pennsylvania State Police for inclusion in the registry. |
2 | The Pennsylvania State Police may require the facility or |
3 | unit to transport the sexually violent delinquent child |
4 | to and from an approved registration site in order to |
5 | fulfill the requirement of initial registration at the |
6 | time of commitment. |
7 | (ii) The facility or unit shall ensure that the |
8 | information provided by the sexually violent delinquent |
9 | child pursuant to section 9799.16(b) is updated to |
10 | reflect accurate information prior to transfer to |
11 | involuntary outpatient treatment pursuant to section |
12 | 6404.1 (relating to transfer to involuntary outpatient |
13 | treatment) or discharge. The court may not discharge the |
14 | sexually violent delinquent child from the facility or |
15 | unit until it has received verification from the |
16 | Pennsylvania State Police that the information required |
17 | under section 9799.16(b) and (c) has been entered in the |
18 | registry. |
19 | (i) Initial registration if convicted outside |
20 | Commonwealth.--If the individual is, on or after the effective |
21 | date of this section, convicted of a sexually violent offense in |
22 | another jurisdiction or a foreign country or of a comparable |
23 | military offense, the individual shall appear in person at an |
24 | approved registration site to provide the information set forth |
25 | in section 9799.16(b) to the Pennsylvania State Police within |
26 | three business days of establishing residence, commencing |
27 | employment or commencing enrollment as a student within this |
28 | Commonwealth. In addition, the individual shall comply with the |
29 | other provisions of this subchapter, including section 9799.15 |
30 | (relating to period of registration). If the individual fails to |
|
1 | establish a residence but nevertheless resides in this |
2 | Commonwealth, the individual shall register as a transient. The |
3 | Pennsylvania State Police shall ensure that the information set |
4 | forth in section 9799.16(c) with respect to the individual is |
5 | collected and entered in the registry. |
6 | (j) Former law and initial registration.--If the individual |
7 | was required to register under this subchapter before the |
8 | effective date of this section and has not fulfilled the period |
9 | of registration, the individual shall appear at an approved |
10 | registration site to provide the information set forth in |
11 | section 9799.16(b) to the Pennsylvania State Police within 90 |
12 | days of the effective date of this section. In addition, the |
13 | individual shall comply with the other provisions of this |
14 | subchapter, including section 9799.15. If the individual fails |
15 | to establish a residence, the individual shall register as a |
16 | transient. The Pennsylvania State Police shall ensure that the |
17 | information set forth in section 9799.16(c) with respect to the |
18 | individual is collected and entered in the registry. |
19 | § 9799.20. Duty to inform. |
20 | In order to implement the provisions of section 9799.19 |
21 | (relating to initial registration), the Pennsylvania State |
22 | Police, the court having jurisdiction over the sexual offender, |
23 | the chief juvenile probation officer of the court and the |
24 | appropriate official of the Pennsylvania Board of Probation and |
25 | Parole, county office of probation and parole, the Department of |
26 | Public Welfare or a State or county correctional institution |
27 | shall: |
28 | (1) Inform the individual required to register of the |
29 | individual's duties under this subchapter. |
30 | (2) Require the individual to read and sign a form |
|
1 | stating that the duty to register has been explained and that |
2 | the individual understands the registration requirement. |
3 | (3) Collect the information required under section |
4 | 9799.16 (b) and (c) (relating to registry) and forward the |
5 | information to the Pennsylvania State Police for inclusion in |
6 | the registry as set forth in this subchapter. |
7 | § 9799.21. Penalty. |
8 | An individual set forth in section 9799.13 (relating to |
9 | applicability) may be subject to prosecution under 18 Pa.C.S. § |
10 | 4915 (relating to failure to comply with registration of sexual |
11 | offenders requirements) if the individual fails to: |
12 | (1) register with the Pennsylvania State Police as set |
13 | forth in section 9799.15 (relating to period of |
14 | registration), 9799.19 (relating to initial registration) or |
15 | 9799.25 (relating to verification by sexual offenders and |
16 | Pennsylvania State Police); |
17 | (2) verify the information provided by the individual or |
18 | be photographed as provided in sections 9799.15, 9799.19 and |
19 | 9799.25; or |
20 | (3) provide accurate information when registering under |
21 | sections 9799.15, 9799.19 and 9799.25. |
22 | § 9799.22. Enforcement. |
23 | (a) Failure to comply.--When an individual set forth in |
24 | section 9799.13 (relating to applicability) fails to comply with |
25 | section 9799.21(1), (2) or (3) (relating to penalty), the |
26 | Pennsylvania State Police shall: |
27 | (1) locate and arrest the individual for violating this |
28 | section; or |
29 | (2) notify the municipal police department where the |
30 | individual has a residence, is employed or is enrolled as a |
|
1 | student. The municipal police shall locate and arrest the |
2 | individual for violating this section. In municipalities |
3 | where no municipal police department exists, the Pennsylvania |
4 | State Police shall proceed under paragraph (1). |
5 | (b) When individual cannot be found.--In the event the |
6 | individual cannot be located, the Pennsylvania State Police |
7 | shall: |
8 | (1) Enter information on the Internet website of sexual |
9 | offenders and in the registry indicating that the individual |
10 | cannot be located. |
11 | (2) Provide information to the National Sex Offender |
12 | Registry and NCIC to reflect that the individual cannot be |
13 | located. |
14 | (3) Notify the United States Marshals Service. |
15 | (4) In cooperation with the district attorney, seek |
16 | issuance of a warrant for the arrest of the individual. If a |
17 | warrant is issued pursuant to this paragraph, the |
18 | Pennsylvania State Police shall provide information to the |
19 | National Crime Information Center Wanted Person File to |
20 | reflect that a warrant has been issued for the individual's |
21 | arrest. |
22 | (c) Notice from another jurisdiction.--When another |
23 | jurisdiction notifies the Commonwealth that a sexual offender |
24 | has terminated residence, employment or enrollment as a student |
25 | in that jurisdiction and intends to establish a residence in |
26 | this Commonwealth, commence employment in this Commonwealth or |
27 | commence enrollment as a student in this Commonwealth, and that |
28 | sexual offender fails to appear in this Commonwealth to register |
29 | as provided in section 9799.15 (relating to period of |
30 | registration), the Pennsylvania State Police shall notify the |
|
1 | other jurisdiction that the sexual offender failed to appear. |
2 | (d) Duty to inform Pennsylvania State Police.--In order to |
3 | implement the provisions of section 9799.15 and section 9799.19 |
4 | (relating to initial registration), the court with jurisdiction |
5 | over the sexual offender, the chief juvenile probation officer |
6 | of the court and the appropriate official of the Pennsylvania |
7 | Board of Probation and Parole, the county office of probation |
8 | and parole, the Department of Public Welfare or a State or |
9 | county correctional institution shall inform the Pennsylvania |
10 | State Police if the individual refuses to provide the |
11 | information required. The Pennsylvania State Police shall locate |
12 | and arrest the individual for a violation of 18 Pa.C.S. § 4915 |
13 | (relating to failure to comply with registration of sexual |
14 | offenders requirements). |
15 | § 9799.23. Court notification and classification requirements. |
16 | (a) Notice to sexual offenders.--At the time of sentencing |
17 | or disposition, in the case of a juvenile offender or sexually |
18 | violent delinquent child, the court shall inform the sexual |
19 | offender of the provisions of this subchapter. The court shall: |
20 | (1) Specifically inform the sexual offender of the duty |
21 | to register under this subchapter. |
22 | (2) Specifically inform the sexual offender of the duty |
23 | to register in accordance with sections 9799.15 (relating to |
24 | period of registration), 9799.16(b) (relating to registry), |
25 | 9799.19 (relating to initial registration) and 9799.25 |
26 | (relating to verification by sexual offenders and |
27 | Pennsylvania State Police). |
28 | (3) Specifically inform the sexual offender of the duty |
29 | to register with authorities in another jurisdiction within |
30 | three business days of: |
|
1 | (i) Commencement of residence, change of residence, |
2 | termination of residence or failure to maintain a |
3 | residence, thus making the sexual offender a transient. |
4 | (ii) Commencement of employment, a change in the |
5 | location or entity in which the sexual offender is |
6 | employed or termination of employment. |
7 | (iii) Commencement of enrollment as a student, a |
8 | change in enrollment as a student or termination of |
9 | enrollment as a student. |
10 | (4) In accordance with section 9799.16(c), order that |
11 | the fingerprints, palm prints, DNA sample and photograph of |
12 | the sexual offender be provided to the Pennsylvania State |
13 | Police upon sentencing. |
14 | (5) Require the sexual offender to read and sign a form |
15 | stating that the duty to register under this subchapter has |
16 | been explained. If the sexual offender is incapable of |
17 | speaking, reading or writing the English language, the court |
18 | shall certify the duty to register was explained to the |
19 | sexual offender, and the sexual offender indicated an |
20 | understanding of the duty. |
21 | (6) Specifically classify the individual as one of the |
22 | following: |
23 | (i) An individual convicted of a Tier I offense. |
24 | (ii) An individual convicted of a Tier II offense. |
25 | (iii) An individual convicted of a Tier III offense. |
26 | (iv) A sexually violent predator. |
27 | (v) A juvenile offender. |
28 | (vi) A sexually violent delinquent child. |
29 | (b) Mandatory registration.--All sexual offenders must |
30 | register in accordance with this subchapter. The following |
|
1 | apply: |
2 | (1) Failure by the court to provide the information |
3 | required in this section, to correctly inform a sexual |
4 | offender of the sexual offender's obligations or to require a |
5 | sexual offender to register shall not relieve the sexual |
6 | offender from the requirements of this subchapter. |
7 | (2) Except as provided in section 9799.17 (relating to |
8 | reduction of period of registration), the court shall have no |
9 | authority to relieve a sexual offender from the duty to |
10 | register under this subchapter or to modify the requirements |
11 | of this subchapter as they relate to the sexual offender. |
12 | § 9799.24. Assessments. |
13 | (a) Order for assessment.--After conviction but before |
14 | sentencing, a court shall order an individual convicted of a |
15 | sexually violent offense to be assessed by the board. The order |
16 | for an assessment shall be sent to the administrative officer of |
17 | the board within ten days of the date of conviction for the |
18 | sexually violent offense. |
19 | (b) Assessment.--Upon receipt from the court of an order for |
20 | an assessment, a member of the board as designated by the |
21 | administrative officer of the board shall conduct an assessment |
22 | of the individual to determine if the individual should be |
23 | classified as a sexually violent predator. The board shall |
24 | establish standards for evaluations and for evaluators |
25 | conducting the assessments. An assessment shall include, but not |
26 | be limited to, an examination of the following: |
27 | (1) Facts of the current offense, including: |
28 | (i) Whether the offense involved multiple victims. |
29 | (ii) Whether the individual exceeded the means |
30 | necessary to achieve the offense. |
|
1 | (iii) The nature of the sexual contact with the |
2 | victim. |
3 | (iv) Relationship of the individual to the victim. |
4 | (v) Age of the victim. |
5 | (vi) Whether the offense included a display of |
6 | unusual cruelty by the individual during the commission |
7 | of the crime. |
8 | (vii) The mental capacity of the victim. |
9 | (2) Prior offense history, including: |
10 | (i) The individual's prior criminal record. |
11 | (ii) Whether the individual completed any prior |
12 | sentences. |
13 | (iii) Whether the individual participated in |
14 | available programs for sexual offenders. |
15 | (3) Characteristics of the individual, including: |
16 | (i) Age. |
17 | (ii) Use of illegal drugs. |
18 | (iii) Any mental illness, mental disability or |
19 | mental abnormality. |
20 | (iv) Behavioral characteristics that contribute to |
21 | the individual's conduct. |
22 | (4) Factors that are supported in a sexual offender |
23 | assessment field as criteria reasonably related to the risk |
24 | of reoffense. |
25 | (c) Release of information.--All State, county and local |
26 | agencies, offices and entities in this Commonwealth, including |
27 | juvenile probation officers, shall cooperate by providing copies |
28 | of records and information as requested by the board in |
29 | connection with the court-ordered assessment and the assessment |
30 | requested by the Pennsylvania Board of Probation and Parole or |
|
1 | the assessment of a delinquent child under section 6358 |
2 | (relating to assessment of delinquent children by the State |
3 | Sexual Offenders Assessment Board). |
4 | (d) Submission of report by board.--The board shall have 90 |
5 | days from the date of conviction of the individual to submit a |
6 | written report containing its assessment to the district |
7 | attorney. |
8 | (d.1) Summary of offense.--The board shall prepare a |
9 | description of the offense or offenses that trigger the |
10 | application of this subchapter to include, but not be limited |
11 | to: |
12 | (1) A concise narrative of the individual's conduct. |
13 | (2) Whether the victim was a minor. |
14 | (3) The manner of weapon or physical force used or |
15 | threatened. |
16 | (4) If the offense involved unauthorized entry into a |
17 | room or vehicle occupied by the victim. |
18 | (5) If the offense was part of a course or pattern of |
19 | conduct involving multiple incidents or victims. |
20 | (6) Previous instances in which the individual was |
21 | determined guilty of an offense subject to this subchapter or |
22 | of a crime of violence as defined in section 9714(g) |
23 | (relating to sentences for second and subsequent offenses). |
24 | (e) Hearing.-- |
25 | (1) A hearing to determine whether the individual is a |
26 | sexually violent predator shall be scheduled upon the |
27 | praecipe filed by the district attorney. The district |
28 | attorney upon filing a praecipe shall serve a copy of the |
29 | praecipe upon defense counsel together with a copy of the |
30 | report of the board. |
|
1 | (2) The individual and district attorney shall be given |
2 | notice of the hearing and an opportunity to be heard, the |
3 | right to call witnesses, the right to call expert witnesses |
4 | and the right to cross-examine witnesses. In addition, the |
5 | individual shall have the right to counsel and to have an |
6 | attorney appointed to represent the individual if the |
7 | individual cannot afford one. If the individual requests |
8 | another expert assessment, the individual shall provide a |
9 | copy of the expert assessment to the district attorney prior |
10 | to the hearing. |
11 | (3) At the hearing prior to sentencing, the court shall |
12 | determine whether the Commonwealth has proved by clear and |
13 | convincing evidence that the individual is a sexually violent |
14 | predator. |
15 | (4) A copy of the order containing the determination of |
16 | the court shall be immediately submitted to the individual, |
17 | the district attorney, the Pennsylvania Board of Probation |
18 | and Parole, the Department of Corrections, the board and the |
19 | Pennsylvania State Police. |
20 | (f) Presentence investigation.--In all cases where the board |
21 | has performed an assessment under this section, copies of the |
22 | report shall be provided to the agency preparing the presentence |
23 | investigation. |
24 | (g) Parole assessment.--The Pennsylvania Board of Probation |
25 | and Parole may request of the board that an assessment of a |
26 | sexual offender be conducted and that a report be provided to |
27 | the Pennsylvania Board of Probation and Parole prior to |
28 | considering a sexual offender for parole. |
29 | (h) Delinquent children.--The probation officer shall notify |
30 | the board 90 days prior to the 20th birthday of the child of the |
|
1 | status of the delinquent child who is committed to an |
2 | institution or other facility pursuant to section 6352 (relating |
3 | to disposition of delinquent child) after having been found |
4 | delinquent for an act of sexual violence that if committed by an |
5 | adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
6 | rape), 3123 (relating to involuntary deviate sexual |
7 | intercourse), 3124.1 (relating to sexual assault), 3125 |
8 | (relating to aggravated indecent assault), 3126 (relating to |
9 | indecent assault) or 4302 (relating to incest), together with |
10 | the location of the facility where the child is committed. The |
11 | board shall conduct an assessment of the child, which shall |
12 | include the board's determination of whether or not the child is |
13 | in need of commitment due to a mental abnormality as defined in |
14 | section 6402 (relating to definitions) or a personality |
15 | disorder, either of which results in serious difficulty in |
16 | controlling sexually violent behavior, and provide a report to |
17 | the court within the time frames set forth in section 6358(c). |
18 | The probation officer shall assist the board in obtaining access |
19 | to the child and any records or information as requested by the |
20 | board in connection with the assessment. The assessment shall be |
21 | conducted under subsection (b). |
22 | (i) Other assessments.--Upon receipt from the court of an |
23 | order for an assessment under section 9799.17 (relating to |
24 | reduction of period of registration), a member of the board as |
25 | designated by the administrative officer of the board shall |
26 | conduct an assessment of the individual to determine if the |
27 | relief sought, if granted, is likely to pose a threat to the |
28 | safety of any other person. The board shall establish standards |
29 | for evaluations and for evaluators conducting these assessments. |
30 | § 9799.25. Verification by sexual offenders and Pennsylvania |
|
1 | State Police. |
2 | (a) Periodic verification.--Except for initial registration |
3 | as provided in section 9799.19 (relating to initial |
4 | registration) and in accordance with section 9799.15(a) |
5 | (relating to period of registration), sexual offenders shall |
6 | verify the information provided in section 9799.16(b) (relating |
7 | to registry) and be photographed as follows: |
8 | (1) An individual convicted of a Tier I sexual offense |
9 | shall appear in person at an approved registration site once |
10 | per calendar year. |
11 | (2) An individual convicted of a Tier II sexual offense |
12 | shall appear in person at an approved registration site every |
13 | 180 days. |
14 | (3) An individual convicted of a Tier III sexual offense |
15 | shall appear in person at an approved registration site every |
16 | 90 days. |
17 | (4) An individual designated as a sexually violent |
18 | predator shall appear in person at an approved registration |
19 | site every 90 days. |
20 | (5) A juvenile offender shall appear in person at an |
21 | approved registration site every 90 days. |
22 | (6) A sexually violent delinquent child shall appear in |
23 | person at an approved registration site every 90 days. |
24 | (7) A transient shall appear in person at an approved |
25 | registration site every 30 days. |
26 | (b) Deadline.--The following apply: |
27 | (1) A sexual offender shall appear as required under |
28 | subsection (a) within ten days of the date designated by the |
29 | Pennsylvania State Police. Failure to appear within ten days |
30 | may subject the sexual offender to prosecution under 18 |
|
1 | Pa.C.S. § 4915 (relating to failure to comply with |
2 | registration of sexual offenders requirements). |
3 | (2) In the case of a sexual offender who fails to appear |
4 | as required under this section, the Pennsylvania State Police |
5 | shall notify the municipal police department where the sexual |
6 | offender has a residence, is employed or is enrolled as a |
7 | student. The municipal police shall locate the sexual |
8 | offender and arrest the sexual offender for violating this |
9 | section. A municipal police department may request assistance |
10 | locating or arresting a sexual offender from the Pennsylvania |
11 | State Police. In municipalities where no municipal police |
12 | department exists, the Pennsylvania State Police shall locate |
13 | the offender and arrest the sexual offender for violating |
14 | this section. |
15 | (3) In the case of a sexual offender who fails to appear |
16 | as required under this section, the Pennsylvania State Police |
17 | shall notify the United States Marshals Service in accordance |
18 | with section 9799.22(b)(3) (relating to enforcement). |
19 | (c) Facilitation of verification.--The Pennsylvania State |
20 | Police shall administer and facilitate the process of |
21 | verification of information, including compliance with |
22 | counseling in the case of sexually violent predators, and |
23 | photographing the sexual offender by: |
24 | (1) Sending a notice by first class United States mail |
25 | to each sexual offender at the offender's last reported |
26 | residence or location, including a post office box. The |
27 | notice shall be sent not more than 30 days nor less than 15 |
28 | days prior to the date a sexual offender is required to |
29 | appear pursuant to subsection (a). The notice shall remind |
30 | the sexual offender of the sexual offender's responsibilities |
|
1 | under this subchapter, including counseling in the case of |
2 | sexually violent predators, and provide a list of approved |
3 | registration sites. |
4 | (2) Providing verification and compliance forms as |
5 | necessary at each approved registration site. |
6 | (d) Effect of notice.--Failure to send or receive notice of |
7 | information under this section shall not relieve the sexual |
8 | offender from the requirements of this subchapter. |
9 | (e) Natural disaster.--The occurrence of a natural disaster |
10 | or other event requiring evacuation of residences shall not |
11 | relieve the sexual offender of the duty to register or any other |
12 | duty imposed by this subchapter. |
13 | § 9799.26. Victim notification. |
14 | (a) Duty to inform victim.-- |
15 | (1) If an offender is determined to be a sexually |
16 | violent predator or a sexually violent delinquent child, the |
17 | municipal police department or the Pennsylvania State Police, |
18 | if no municipal police jurisdiction exists, shall give |
19 | written notice to the victim when the sexually violent |
20 | predator or the sexually violent delinquent child registers |
21 | initially under section 9799.19 (relating to initial |
22 | registration) or under section 9799.15(g)(2), (3) or (4) |
23 | (relating to period of registration). The notice shall be |
24 | given within 72 hours after the sexually violent predator or |
25 | the sexually violent delinquent child registers or notifies |
26 | the Pennsylvania State Police of current information under |
27 | section 9799.15(g). The notice shall contain the following |
28 | information about the sexually violent predator or sexually |
29 | violent delinquent child: |
30 | (i) Name. |
|
1 | (ii) Residence. This subparagraph includes whether |
2 | the sexually violent predator or sexually violent |
3 | delinquent child is a transient, in which case the notice |
4 | shall contain information about the transient's temporary |
5 | habitat or other temporary place of abode or dwelling, |
6 | including a homeless shelter or park. In addition, the |
7 | notice shall contain a list of places the transient eats, |
8 | frequents and engages in leisure activities. |
9 | (iii) The address of employment. |
10 | (iv) The address where the sexually violent predator |
11 | or sexually violent delinquent child is enrolled as a |
12 | student. |
13 | (2) A victim may terminate the duty to inform set forth |
14 | in paragraph (1) by providing the local municipal police |
15 | department or the Pennsylvania State Police, if no local |
16 | municipal police department exists, with a written statement |
17 | releasing that agency from the duty to comply with this |
18 | section as it pertains to that victim. |
19 | (b) Individual not determined to be sexually violent |
20 | predator.--If an individual is not determined to be a sexually |
21 | violent predator or a sexually violent delinquent child, the |
22 | victim shall be notified in accordance with section 201 of the |
23 | act of November 24, 1998 (P.L.882, No.111), known as the Crime |
24 | Victims Act. |
25 | (c) Electronic notification option.--In addition to |
26 | subsections (a) and (b), the Pennsylvania State Police shall |
27 | develop and implement a system that allows a victim to receive |
28 | electronic notification instead of the notification in |
29 | subsections (a) and (b) when a sexual offender provides current |
30 | information to the Pennsylvania State Police under subsection |
|
1 | (a). |
2 | § 9799.27. Other notification. |
3 | (a) Notice.--Notwithstanding the provisions of Chapter 63 |
4 | (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating |
5 | to criminal history record information), the chief law |
6 | enforcement officer of the police department of the municipality |
7 | where a sexually violent predator or sexually violent delinquent |
8 | child lives or, in the case of a sexually violent predator or |
9 | sexually violent delinquent child failing to establish a |
10 | residence and being a transient, the chief law enforcement |
11 | officer of the police department of the transient's last known |
12 | habitat, shall be responsible for providing written notice as |
13 | required under this section. The notice shall contain: |
14 | (1) The name of the individual. |
15 | (2) The address of the residence of the individual. If |
16 | the individual is a transient, written notice under this |
17 | paragraph shall consist of information about the transient's |
18 | temporary habitat or other temporary place of abode or |
19 | dwelling, including a homeless shelter or park and a list of |
20 | the places the transient eats, frequents and engages in |
21 | leisure activities. |
22 | (3) The offense for which the individual was convicted, |
23 | sentenced by a court, adjudicated delinquent or court |
24 | martialed. |
25 | (4) A statement that the individual has been determined |
26 | to be a sexually violent predator or sexually violent |
27 | delinquent child, which determination has or has not been |
28 | terminated as of a date certain. |
29 | (5) A photograph of the sexually violent predator or |
30 | sexually violent delinquent child. |
|
1 | The notice shall not include any information that might reveal |
2 | the victim's name, identity and residence. |
3 | (b) To whom written notice is provided.--The chief law |
4 | enforcement officer shall provide written notice under |
5 | subsection (a) to the following persons: |
6 | (1) Neighbors of the sexually violent predator or |
7 | sexually violent delinquent child. As used in this paragraph: |
8 | (i) In the case of a sexually violent predator or |
9 | sexually violent delinquent child being a transient, |
10 | "neighbor" includes residents in the area of the |
11 | transient's last known temporary habitat or other |
12 | temporary place of abode or dwelling, including a |
13 | homeless shelter or park. |
14 | (ii) Where the sexually violent predator lives in a |
15 | common interest community, the term "neighbor" includes |
16 | the unit owners' association and residents of the common |
17 | interest community. |
18 | (2) The director of the county children and youth agency |
19 | of the county where the sexually violent predator or sexually |
20 | violent delinquent child has a residence or, in the case of a |
21 | sexually violent predator or sexually violent delinquent |
22 | child failing to establish a residence and being a transient, |
23 | the director of the county children and youth agency of the |
24 | county of the sexually violent predator's or sexually violent |
25 | delinquent child's last known temporary habitat or other |
26 | temporary place of abode or dwelling, including a homeless |
27 | shelter or park. |
28 | (3) The superintendent of each school district and the |
29 | equivalent official for each private and parochial school |
30 | enrolling students up through grade 12 in the municipality |
|
1 | where the sexually violent predator or sexually violent |
2 | delinquent child has a residence or, in the case of a |
3 | sexually violent predator or sexually violent delinquent |
4 | child failing to establish a residence and being a transient, |
5 | the superintendent of each school district and the equivalent |
6 | official for private and parochial schools enrolling students |
7 | up through grade 12 in the municipality of the sexually |
8 | violent predator's or sexually violent delinquent child's |
9 | last known temporary habitat or other temporary place of |
10 | abode or dwelling, including a homeless shelter or park. |
11 | (4) The superintendent of each school district and the |
12 | equivalent official for each private and parochial school |
13 | located within a one-mile radius of where the sexually |
14 | violent predator or sexually violent delinquent child has a |
15 | residence or, in the case of a sexually violent predator or |
16 | sexually violent delinquent child failing to establish a |
17 | residence and being a transient, the superintendent of each |
18 | school district and the equivalent official for each private |
19 | and parochial school within a one-mile radius of the sexually |
20 | violent predator's or sexually violent delinquent child's |
21 | last known temporary habitat or other temporary place of |
22 | abode or dwelling, including a homeless shelter or park. |
23 | (5) The licensee of each certified day-care center and |
24 | licensed preschool program and owner or operator of each |
25 | registered family day-care home in the municipality where the |
26 | sexually violent predator or sexually violent delinquent |
27 | child has a residence or, in the case of a sexually violent |
28 | predator or sexually violent delinquent child failing to |
29 | establish a residence and being a transient, the licensee of |
30 | each certified day-care center and licensed preschool program |
|
1 | and owner or operator of each registered family day-care home |
2 | in the municipality of the sexually violent predator's or |
3 | sexually violent delinquent child's last known temporary |
4 | habitat or other temporary place of abode or dwelling, |
5 | including a homeless shelter or park. |
6 | (6) The president of each college, university and |
7 | community college located within 1,000 feet of where the |
8 | sexually violent predator or sexually violent delinquent |
9 | child has a residence or, in the case of a sexually violent |
10 | predator or sexually violent delinquent child failing to |
11 | establish a residence and being a transient, the president of |
12 | each college, university and community college located within |
13 | 1,000 feet of the sexually violent predator's or sexually |
14 | violent delinquent child's last known temporary habitat or |
15 | other temporary place of abode or dwelling, including a |
16 | homeless shelter or park. |
17 | (c) Notification time frames.--The municipal police |
18 | department's chief law enforcement officer shall provide notice |
19 | within the following time frames: |
20 | (1) To neighbors, notice shall be provided within five |
21 | days after information of the sexually violent predator's or |
22 | sexually violent delinquent child's release date and |
23 | residence has been received by the chief law enforcement |
24 | officer. Notwithstanding the provisions of subsections (a) |
25 | and (b), verbal notification may be used if written |
26 | notification would delay meeting the requirement of this |
27 | paragraph. |
28 | (2) To the persons specified in subsection (b)(2), (3), |
29 | (4), (5) and (6), notice shall be provided within seven days |
30 | after the chief law enforcement officer receives information |
|
1 | regarding the sexually violent predator's or sexually violent |
2 | delinquent child's release date and residence. |
3 | (d) Public notice.--Information provided in accordance with |
4 | subsection (a) shall be available to the general public upon |
5 | request. The information may be provided by electronic means. |
6 | § 9799.28. Public Internet website. |
7 | (a) Information to be made available through Internet.--The |
8 | Pennsylvania State Police shall, in the manner and form directed |
9 | by the Governor: |
10 | (1) Develop and maintain a system for making information |
11 | about individuals convicted of a sexually violent offense, |
12 | sexually violent predators and sexually violent delinquent |
13 | children publicly available by electronic means via an |
14 | Internet website. In order to fulfill its duties under this |
15 | section, the Pennsylvania State Police shall ensure that the |
16 | Internet website: |
17 | (i) Contains a feature to permit a member of the |
18 | public to obtain relevant information for an individual |
19 | convicted of a sexually violent offense, a sexually |
20 | violent predator or a sexually violent delinquent child |
21 | by a single query for any given zip code or geographic |
22 | radius set by the user. |
23 | (ii) Contains a feature to allow a member of the |
24 | public to receive electronic notification when an |
25 | individual convicted of a sexually violent offense, |
26 | sexually violent predator or sexually violent delinquent |
27 | child provides information under section 9799.15(g)(2), |
28 | (3) or (4) (relating to period of registration) relating |
29 | to a geographic area chosen by the user. |
30 | (iii) Includes in its design all field search |
|
1 | capabilities needed for full participation in the Dru |
2 | Sjodin National Sex Offender Public Website. The |
3 | Pennsylvania State Police shall ensure that the website |
4 | is able to participate in the Dru Sjodin National Sex |
5 | Offender Public Website as the United States Attorney |
6 | General may direct. |
7 | (iv) Is updated within three business days with the |
8 | information required. |
9 | (2) Include on the Internet website the following: |
10 | (i) Instructions on how to seek correction of |
11 | information that an individual contends is erroneous. |
12 | (ii) A warning that the information on the Internet |
13 | website should not be used to unlawfully injure, harass |
14 | or commit a crime against an individual convicted of a |
15 | sexually violent offense, a sexually violent predator or |
16 | a sexually violent delinquent child and that any such |
17 | action could result in criminal or civil penalties. |
18 | (3) Include on the Internet website an explanation of |
19 | its limitations, including statements advising that: |
20 | (i) A positive identification of an individual |
21 | convicted of a sexually violent offense, sexually violent |
22 | predator or sexually violent delinquent child may be |
23 | confirmed only by fingerprints. |
24 | (ii) Some information contained on the Internet |
25 | website may be outdated or inaccurate. |
26 | (iii) The Internet website is not a comprehensive |
27 | listing of every person who has ever committed a sexual |
28 | offense in Pennsylvania. |
29 | (4) Strive to ensure that the information contained on |
30 | the Internet website is accurate and that the data therein is |
|
1 | revised and updated as provided in paragraph (1)(iv). |
2 | (5) Provide on the Internet website general information |
3 | designed to inform and educate the public about sexual |
4 | offenders and the operation of this subchapter as well as |
5 | pertinent and appropriate information concerning crime |
6 | prevention and personal safety, with appropriate links to |
7 | other relevant Internet websites operated by the |
8 | Commonwealth. |
9 | (b) Required information.--Notwithstanding Chapter 63 |
10 | (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating |
11 | to criminal history record information), the Internet website |
12 | shall contain the following information regarding an individual |
13 | convicted of a sexually violent offense, a sexually violent |
14 | predator or a sexually violent delinquent child: |
15 | (1) Name and aliases. |
16 | (2) Year of birth. |
17 | (3) Street address, city, county and zip code of |
18 | residences and intended residences. In the case of an |
19 | individual convicted of a sexually violent offense, a |
20 | sexually violent predator or a sexually violent delinquent |
21 | child who fails to establish a residence and is therefore a |
22 | transient, the Internet website shall contain information |
23 | about the transient's temporary habitat or other temporary |
24 | place of abode or dwelling, including a homeless shelter or |
25 | park. In addition, the Internet website shall contain a list |
26 | of places the transient eats, frequents and engages in |
27 | leisure activities. |
28 | (4) Street address, city, county and zip code of any |
29 | location at which an individual convicted of a sexually |
30 | violent offense, a sexually violent predator or a sexually |
|
1 | violent delinquent child is enrolled as a student. |
2 | (5) Street address, city, county and zip code of a fixed |
3 | location where an individual convicted of a sexually violent |
4 | offense, a sexually violent predator or a sexually violent |
5 | delinquent child is employed. If an individual convicted of a |
6 | sexually violent offense, a sexually violent predator or a |
7 | sexually violent delinquent child is not employed at a fixed |
8 | address, the information shall include general travel routes |
9 | and general areas of work. |
10 | (6) Current photograph of an individual convicted of a |
11 | sexually violent offense, a sexually violent predator or a |
12 | sexually violent delinquent child. |
13 | (7) Physical description of an individual convicted of a |
14 | sexually violent offense, a sexually violent predator or a |
15 | sexually violent delinquent child. |
16 | (8) License plate number and a description of a vehicle |
17 | owned or operated by an individual convicted of a sexually |
18 | violent offense, a sexually violent predator or a sexually |
19 | violent delinquent child. |
20 | (9) The sexually violent offense for which an individual |
21 | convicted of a sexually violent offense, a sexually violent |
22 | predator or a sexually violent delinquent child is registered |
23 | under this subchapter. |
24 | (10) A statement whether an individual convicted of a |
25 | sexually violent offense, a sexually violent predator or a |
26 | sexually violent delinquent child is in compliance with |
27 | registration. |
28 | (11) A statement whether the victim is a minor. |
29 | (c) Prohibited information.--The public Internet website |
30 | established under this section shall not contain: |
|
1 | (1) The identity of any victim. |
2 | (2) The Social Security number of an individual |
3 | convicted of a sexually violent offense, a sexually violent |
4 | predator or a sexually violent delinquent child. |
5 | (3) Any information relating to arrests of an individual |
6 | convicted of a sexually violent offense, a sexually violent |
7 | predator or a sexually violent delinquent child that did not |
8 | result in conviction. |
9 | (4) Travel and immigration document numbers. |
10 | (d) (Reserved). |
11 | (e) Duration of posting.--The information listed in |
12 | subsection (b) shall be made available on the Internet website |
13 | unless: |
14 | (1) An individual convicted of a sexually violent |
15 | offense and who is required to register for a period of 15 |
16 | years is granted relief under section 9799.17 (relating to |
17 | reduction of period of registration). |
18 | (2) An individual convicted of a sexually violent |
19 | offense, a sexually violent predator or a sexually violent |
20 | delinquent child is deceased, in which case the Internet |
21 | website shall contain a notice of the death. |
22 | (3) An individual convicted of a sexually violent |
23 | offense, a sexually violent predator or a sexually violent |
24 | delinquent child has terminated residence, has terminated |
25 | employment or has terminated enrollment as a student within |
26 | this Commonwealth, in which case the Internet website shall |
27 | contain a notice indicating such information. |
28 | § 9799.29. Administration. |
29 | The Governor shall direct the Pennsylvania State Police, the |
30 | Pennsylvania Board of Probation and Parole, the board, the |
|
1 | Department of Corrections, the Department of Transportation and |
2 | any other agency of the Commonwealth that the Governor deems |
3 | necessary to collaboratively design, develop and implement an |
4 | integrated and secure system of communication, storage and |
5 | retrieval of information to assure the timely, accurate and |
6 | efficient administration of this subchapter. |
7 | § 9799.30. Global positioning system technology. |
8 | The Pennsylvania Board of Probation and Parole and county |
9 | probation authorities may impose supervision conditions that |
10 | include tracking through global positioning system technology. |
11 | § 9799.31. Immunity for good faith conduct. |
12 | The following entities shall be immune from liability for |
13 | good faith conduct under this subchapter: |
14 | (1) Agents and employees of the Pennsylvania State |
15 | Police and local law enforcement agencies. |
16 | (2) District attorneys and their agents and employees. |
17 | (3) Superintendents, administrators, teachers, employees |
18 | and volunteers engaged in the supervision of children of any |
19 | public, private or parochial school. |
20 | (4) Directors and employees of county children and youth |
21 | agencies. |
22 | (5) Presidents or similar officers of universities and |
23 | colleges, including community colleges. |
24 | (6) The Pennsylvania Board of Probation and Parole and |
25 | its agents and employees. |
26 | (7) County probation and parole offices and their agents |
27 | and employees. |
28 | (8) Licensees of certified day-care centers and |
29 | directors of licensed preschool programs and owners and |
30 | operators of registered family day-care homes and their |
|
1 | agents and employees. |
2 | (9) The Department of Corrections and its agents and |
3 | employees. |
4 | (10) County correctional facilities and their agents and |
5 | employees. |
6 | (11) The board and its agents and employees. |
7 | (12) Juvenile probation offices and their agents and |
8 | employees. |
9 | (13) The Department of Public Welfare and its agents and |
10 | employees. |
11 | (14) Institutions or facilities set forth in section |
12 | 6352(a)(3) (relating to disposition of delinquent child) and |
13 | their agents and employees. |
14 | (15) The unit owners' association of a common interest |
15 | community and its agents and employees as it relates to |
16 | distributing information regarding section 9799.27(b)(1) |
17 | (relating to other notification). |
18 | § 9799.32. Pennsylvania State Police. |
19 | The Pennsylvania State Police have the following duties: |
20 | (1) To create and maintain the Statewide registry of |
21 | sexual offenders in conformity with the provisions of this |
22 | subchapter. |
23 | (2) In consultation with the Department of Corrections, |
24 | the Office of Attorney General, the Juvenile Court Judges' |
25 | Commission, the Administrative Office of Pennsylvania Courts, |
26 | the Pennsylvania Board of Probation and Parole and the |
27 | chairman and minority chairman of the Judiciary Committee of |
28 | the Senate and the chairman and minority chairman of the |
29 | Judiciary Committee of the House of Representatives, to |
30 | promulgate guidelines necessary for the general |
|
1 | administration of this subchapter. These guidelines shall |
2 | establish procedures to allow an individual subject to the |
3 | requirements of this subchapter, including a transient, to |
4 | fulfill these requirements at approved registration sites |
5 | throughout this Commonwealth. The Pennsylvania State Police |
6 | shall publish a list of approved registration sites in the |
7 | Pennsylvania Bulletin and provide a list of approved |
8 | registration sites in any notice sent to individuals required |
9 | to register under this subchapter. An approved registration |
10 | site shall be capable of submitting fingerprints, palm |
11 | prints, DNA samples and any other information required |
12 | electronically to the Pennsylvania State Police. The |
13 | Pennsylvania State Police shall require that approved |
14 | registration sites submit fingerprints utilizing the |
15 | Integrated Automated Fingerprint Identification System or in |
16 | another manner and in such form as the Pennsylvania State |
17 | Police shall require. Approved registration sites shall not |
18 | be limited to sites managed by the Pennsylvania State Police |
19 | and shall include sites managed by local law enforcement |
20 | agencies that meet the criteria for approved registration |
21 | sites set forth in this paragraph. |
22 | (3) To write regulations regarding neighbor notification |
23 | under section 9799.27(b)(1) (relating to other notification). |
24 | (4) Within three business days, to transfer information |
25 | as set forth in section 9799.18 (relating to information |
26 | sharing). |
27 | (5) To enforce the provisions of this subchapter as set |
28 | forth in section 9799.22 (relating to enforcement). |
29 | (6) To facilitate verification of information from |
30 | individuals required to register under this subchapter as |
|
1 | provided in section 9799.25 (relating to verification by |
2 | sexual offenders and Pennsylvania State Police). |
3 | (7) In consultation with the Department of Education and |
4 | the Pennsylvania Board of Probation and Parole, to promulgate |
5 | guidelines directing licensed day-care centers, licensed |
6 | preschool programs, schools, universities and colleges, |
7 | including community colleges, on the proper use and |
8 | administration of information received under section 9799.27. |
9 | (8) In consultation with the Department of Corrections |
10 | and the Pennsylvania Board of Probation and Parole, to |
11 | promulgate guidelines directing State and county correctional |
12 | facilities and State and county probation and parole offices |
13 | regarding the completion of information, including the taking |
14 | of photographs, required by sexual offenders under this |
15 | subchapter. |
16 | (9) In consultation with the Administrative Office of |
17 | Pennsylvania Courts, the Department of Public Welfare and the |
18 | Juvenile Court Judges' Commission, to promulgate guidelines |
19 | regarding the completion of information required by juvenile |
20 | offenders and sexually violent delinquent children under this |
21 | subchapter. |
22 | § 9799.33. Duties of probation and parole officials. |
23 | (a) Duties.--The Pennsylvania Board of Probation and Parole, |
24 | the county office of probation and parole and the chief juvenile |
25 | probation officer of the court shall: |
26 | (1) Perform their respective duties set forth for the |
27 | Pennsylvania Board of Probation and Parole, the county office |
28 | of probation and parole and the chief juvenile probation |
29 | officer of the court in accordance with section 9799.19 |
30 | (relating to initial registration). |
|
1 | (2) On a form prescribed by the Pennsylvania State |
2 | Police, notify the Pennsylvania State Police each time a |
3 | sexual offender is arrested, recommitted to a State or county |
4 | correctional institution for a parole violation or |
5 | incarcerated. |
6 | (b) Notification form.--The Pennsylvania Board of Probation |
7 | and Parole shall create a notification form which will inform |
8 | State and county prison and probation and parole personnel how |
9 | to inform sexual offenders of their duties under this |
10 | subchapter. In addition, the Pennsylvania Board of Probation and |
11 | Parole shall apply for Federal funding as provided in the Adam |
12 | Walsh Child Protection and Safety Act of 2006 (Public Law |
13 | 109-248, 120 Stat. 597) to support and enhance programming using |
14 | global satellite positioning system technology. |
15 | § 9799.34. Duties of facilities housing sexual offenders. |
16 | The Department of Corrections, a county correctional |
17 | facility, an institution or facility set forth in section |
18 | 6352(a)(3) (relating to disposition of delinquent child) and the |
19 | separate, State-owned facility or unit established under Chapter |
20 | 64 (relating to court-ordered involuntary treatment of certain |
21 | sexually violent persons), shall have the following duties: |
22 | (1) To perform their respective duties in accordance |
23 | with section 9799.19 (relating to initial registration). This |
24 | paragraph includes taking a current photograph of the |
25 | individual required to register under this subchapter before |
26 | the individual is released from confinement or commitment or |
27 | is discharged. |
28 | (2) On a form prescribed by the Pennsylvania State |
29 | Police, to notify the Pennsylvania State Police each time a |
30 | sexual offender is incarcerated, committed or released, |
|
1 | including supervised release or transfer to another |
2 | correctional institution or facility or institution, in the |
3 | case of a juvenile offender or sexually violent delinquent |
4 | child. This paragraph shall include a community corrections |
5 | center or community contract facility. |
6 | (3) To assist sexual offenders registering under this |
7 | subchapter. |
8 | § 9799.35. Board. |
9 | (a) Composition.--The board shall be composed of |
10 | psychiatrists, psychologists and criminal justice experts, each |
11 | of whom is an expert in the field of the behavior and treatment |
12 | of sexual offenders. |
13 | (b) Appointment.--The Governor shall appoint the board |
14 | members. |
15 | (c) Term of office.--Members of the board shall serve four- |
16 | year terms. |
17 | (d) Compensation.--The members of the board shall be |
18 | compensated at a rate of $350 per assessment and receive |
19 | reimbursement for their actual and necessary expenses while |
20 | performing the business of the board. The chairman shall receive |
21 | $500 additional compensation annually. |
22 | (e) Staff.--Support staff for the board shall be provided by |
23 | the Pennsylvania Board of Probation and Parole. |
24 | § 9799.36. Counseling of sexually violent predators. |
25 | (a) General rule.--A sexually violent predator shall be |
26 | required to attend at least monthly counseling sessions in a |
27 | program approved by the board and be financially responsible for |
28 | all fees assessed from the counseling sessions. The board shall |
29 | monitor the compliance of the sexually violent predator. If the |
30 | sexually violent predator can prove to the satisfaction of the |
|
1 | court that the sexually violent predator cannot afford to pay |
2 | for the counseling sessions, the sexually violent predator shall |
3 | nonetheless attend the counseling sessions, and the parole |
4 | office shall pay the requisite fees. |
5 | (b) Designation in another jurisdiction.--If an individual |
6 | required to register under this subchapter has been designated |
7 | as a sexually violent predator in another jurisdiction and was |
8 | required to undergo counseling, the individual shall be subject |
9 | to the provisions of this section. |
10 | (c) Penalty.--A sexually violent predator who knowingly |
11 | fails to attend counseling sessions as provided in this section |
12 | may be subject to prosecution under 18 Pa.C.S. § 4915 (relating |
13 | to failure to comply with registration of sexual offenders |
14 | requirements). |
15 | § 9799.37. Exemption from notification for certain licensees |
16 | and their employees. |
17 | Nothing in this subchapter shall be construed as imposing a |
18 | duty upon a person licensed under the act of February 19, 1980 |
19 | (P.L.15, No.9), known as the Real Estate Licensing and |
20 | Registration Act, or an employee of the person, to disclose any |
21 | information regarding an individual required to be included in |
22 | the registry pursuant to this subchapter. |
23 | § 9799.38. Annual performance audit. |
24 | (a) Duties of the Attorney General.--The Attorney General |
25 | has the following duties: |
26 | (1) To conduct a performance audit annually to determine |
27 | compliance with the requirements of this subchapter and any |
28 | guidelines promulgated under this subchapter. The audit |
29 | shall, at a minimum, include a review of the practices, |
30 | procedures and records of the Pennsylvania State Police, the |
|
1 | Pennsylvania Board of Probation and Parole, the Department of |
2 | Corrections, the board, the Administrative Office of |
3 | Pennsylvania Courts and any other State or local agency the |
4 | Attorney General deems necessary in order to conduct a |
5 | thorough and accurate performance audit. |
6 | (2) To prepare an annual report of its findings and any |
7 | action that it recommends be taken by the Pennsylvania State |
8 | Police, the Pennsylvania Board of Probation and Parole, the |
9 | Department of Corrections, the board, the Administrative |
10 | Office of Pennsylvania Courts, other State or local agencies |
11 | and the General Assembly to ensure compliance with this |
12 | subchapter. The first report shall be released to the general |
13 | public no fewer than 18 months following the effective date |
14 | of this section. |
15 | (3) To provide a copy of its report to the Pennsylvania |
16 | State Police, the Pennsylvania Board of Probation and Parole, |
17 | the Department of Corrections, the board, the Administrative |
18 | Office of Pennsylvania Courts, State or local agencies |
19 | referenced in the report, the chairman and the minority |
20 | chairman of the Judiciary Committee of the Senate and the |
21 | chairman and the minority chairman of the Judiciary Committee |
22 | of the House of Representatives no fewer than 30 days prior |
23 | to its release to the general public. |
24 | (b) Cooperation required.--Notwithstanding any other |
25 | provision of law to the contrary, the Pennsylvania State Police, |
26 | the Pennsylvania Board of Probation and Parole, the Department |
27 | of Corrections, the board, the Administrative Office of |
28 | Pennsylvania Courts, the Pennsylvania Commission on Sentencing |
29 | and any other State or local agency requested to do so shall |
30 | fully cooperate with the Attorney General and assist the Office |
|
1 | of Attorney General in satisfying the requirements of this |
2 | section. For purposes of this subsection, full cooperation shall |
3 | include, at a minimum, complete access to unredacted records, |
4 | files, reports and data systems. |
5 | § 9799.39. Photographs and fingerprinting. |
6 | An individual subject to registration shall submit to |
7 | fingerprinting and photographing as required by this subchapter. |
8 | Fingerprinting as required by this subchapter shall, at a |
9 | minimum, require submission of a full set of fingerprints and |
10 | palm prints. Photographing as required by this subchapter shall, |
11 | at a minimum, require submission to photographs of the face and |
12 | any scars, marks, tattoos or other unique features of the |
13 | individual. Fingerprints and photographs obtained under this |
14 | subchapter may be maintained for use under this subchapter and |
15 | for general law enforcement purposes. |
16 | § 9799.40. Duties of Pennsylvania Commission on Sentencing. |
17 | The Pennsylvania Commission on Sentencing shall establish |
18 | procedures to enable courts to classify sexual offenders as |
19 | provided in section 9799.23 (relating to court notification and |
20 | classification requirements). |
21 | Section 9. The definition of "other specified offense" in |
22 | section 2303 of Title 44 is amended to read: |
23 | § 2303. Definitions. |
24 | The following words and phrases when used in this chapter |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | * * * |
28 | "Other specified offense." Any of the following: |
29 | (1) A felony offense [or an]. |
30 | (2) An offense under 18 Pa.C.S. § 2910 (relating to |
|
1 | luring a child into a motor vehicle or structure) or 3126 |
2 | (relating to indecent assault) or an attempt to commit such |
3 | an offense. |
4 | (3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H |
5 | (relating to registration of sexual offenders). |
6 | * * * |
7 | Section 10. Paragraph (4) of the definition of "eligible |
8 | offender" in section 4503 of Title 61 is amended to read: |
9 | § 4503. Definitions. |
10 | The following words and phrases when used in this chapter |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | * * * |
14 | "Eligible offender." A defendant or inmate convicted of a |
15 | criminal offense who will be committed to the custody of the |
16 | department and who meets all of the following eligibility |
17 | requirements: |
18 | * * * |
19 | (4) Has not been found guilty or previously convicted or |
20 | adjudicated delinquent for violating any of the following |
21 | provisions or an equivalent offense under the laws of the |
22 | United States or one of its territories or possessions, |
23 | another state, the District of Columbia, the Commonwealth of |
24 | Puerto Rico or a foreign nation: |
25 | 18 Pa.C.S. § 4302 (relating to incest). |
26 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
27 | 18 Pa.C.S. § 6312 (relating to sexual abuse of children). |
28 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
29 | minor). |
30 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
|
1 | children). |
2 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child |
3 | pornography). |
4 | Received a criminal sentence pursuant to 42 Pa.C.S. |
5 | § 9712.1 (relating to sentences for certain drug offenses |
6 | committed with firearms). |
7 | Any sexually violent offense [listed under 42 Pa.C.S. |
8 | § 9795.1 (relating to registration)], as defined in 42 |
9 | Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual |
10 | offenders). |
11 | * * * |
12 | Section 11. Section 6137(a)(3.1)(ii) of Title 61 is amended |
13 | to read: |
14 | § 6137. Parole power. |
15 | (a) General criteria for parole.-- |
16 | * * * |
17 | (3.1) * * * |
18 | (ii) This paragraph shall not apply to offenders who |
19 | are currently serving a term of imprisonment for a crime |
20 | of violence as defined in 42 Pa.C.S. § 9714 (relating to |
21 | sentences for second and subsequent offenses) or for a |
22 | crime requiring registration under 42 Pa.C.S. [§ 9795.1 |
23 | (relating to registration)] Ch. 97 Subch. H (relating to |
24 | registration of sexual offenders). |
25 | * * * |
26 | Section 12. Any reference in any act or part of an act to 42 |
27 | Pa.C.S. § 9795.1 shall be deemed a reference to 42 Pa.C.S. |
28 | § 9799.15 as if fully set forth in that act or part of that act. |
29 | Section 13. The addition of 42 Pa.C.S. § 9799.28(b)(11) |
30 | shall apply to persons convicted after November 30, 2006, of an |
|
1 | offense which required registration under former 42 Pa.C.S. § |
2 | 9795.1 and to persons required to register under 42 Pa.C.S. Ch. |
3 | 97 Subch. H on or after the effective date of this section. |
4 | Section 14. This act shall take effect in 120 days. |
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