act-2000-0-18•Pennsylvania Act 2000-18 — JUDICIAL CODE (42 PA.C.S.) - AMEND
Pennsylvania Act 2000-18 — JUDICIAL CODE (42 PA.C.S.) - AMEND
act-2000-0-182000 Pa. Act 18Law
Act text
JUDICIAL CODE (42 PA.C.S.) - AMEND
Act of May 10, 2000, P.L. 74, No. 18 Cl. 12
Session of 2000
No. 2000-18
SB 380
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for guardians
ad litem in juvenile matters; further providing for counsel
in juvenile matters, for adjudications in certain juvenile
matters and for the registration of sexual offenders; and
making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6311. Guardian ad litem for child in court proceedings.
(a) Appointment.--When a proceeding, including a master's
hearing, has been initiated alleging that the child is a
dependent child under paragraph (1), (2), (3), (4) or (10) of
the definition of "dependent child" in section 6302 (relating to
definitions), the court shall appoint a guardian ad litem to
represent the legal interests and the best interests of the
child. The guardian ad litem must be an attorney at law.
(b) Powers and duties.--The guardian ad litem shall be
charged with representation of the legal interests and the best
interests of the child at every stage of the proceedings and
shall do all of the following:
(1) Meet with the child as soon as possible following
appointment pursuant to section 6337 (relating to right to
counsel) and on a regular basis thereafter in a manner
appropriate to the child's age and maturity.
(2) On a timely basis, be given access to relevant court
and county agency records, reports of examination of the
parents or other custodian of the child pursuant to this
chapter and medical, psychological and school records.
(3) Participate in all proceedings, including hearings
before masters, and administrative hearings and reviews to
the degree necessary to adequately represent the child.
(4) Conduct such further investigation necessary to
ascertain the facts.
(5) Interview potential witnesses, including the child's
parents, caretakers and foster parents, examine and cross-
examine witnesses and present witnesses and evidence
necessary to protect the best interests of the child.
(6) At the earliest possible date, be advised by the
county agency having legal custody of the child of:
(i) any plan to relocate the child or modify custody
or visitation arrangements, including the reasons
therefor, prior to the relocation or change in custody or
visitation; and
(ii) any proceeding, investigation or hearing under
23 Pa.C.S. Ch. 63 (relating to child protective services)
or this chapter directly affecting the child.
(7) Make specific recommendations to the court relating
to the appropriateness and safety of the child's placement
and services necessary to address the child's needs and
safety.
(8) Explain the proceedings to the child to the extent
appropriate given the child's age, mental condition and
emotional condition.
(9) Advise the court of the child's wishes to the extent
that they can be ascertained and present to the court
whatever evidence exists to support the child's wishes. When
appropriate because of the age or mental and emotional
condition of the child, determine to the fullest extent
possible the wishes of the child and communicate this
information to the court. A difference between the child's
wishes under this paragraph and the recommendations under
paragraph (7) shall not be considered a conflict of interest
for the guardian ad litem.
Section 2. Sections 6337, 6341(a), (b) and (e) and 9714(g)
of Title 42 are amended to read:
§ 6337. Right to counsel.
Except as [otherwise] provided [under this chapter] in
section 6311 (relating to guardian ad litem for child in court
proceedings), a party is entitled to representation by legal
counsel at all stages of any proceedings under this chapter and
if he is without financial resources or otherwise unable to
employ counsel, to have the court provide counsel for him. If a
party appears without counsel the court shall ascertain whether
he knows of his right thereto and to be provided with counsel by
the court if applicable. The court may continue the proceeding
to enable a party to obtain counsel. Counsel must be provided
for a child unless his parent, guardian, or custodian is present
in court and affirmatively waive it. However, the parent,
guardian, or custodian may not waive counsel for a child when
their interest may be in conflict with the interest or interests
of the child. If the interests of two or more parties may
conflict, separate counsel shall be provided for each of them.
§ 6341. Adjudication.
(a) General rule.--After hearing the evidence on the
petition the court shall make and file its findings as to
whether the child is a dependent child[, or if]. If the petition
alleges that the child is delinquent, within seven days of
hearing the evidence on the petition, the court shall make and
file its findings whether the acts ascribed to the child were
committed by him. This time limitation may only be extended
pursuant to the agreement of the child and the attorney for the
Commonwealth. The court's failure to comply with the time
limitations stated in this section shall not be grounds for
discharging the child or dismissing the proceeding. If the court
finds that the child is not a dependent child or that the
allegations of delinquency have not been established it shall
dismiss the petition and order the child discharged from any
detention or other restriction theretofore ordered in the
proceeding. For cases involving allegations of delinquency where
fingerprints or photographs or both have been taken by a law
enforcement agency and where it is determined that acts ascribed
to the child were not committed by him, the court shall direct
that those records be immediately destroyed by law enforcement
agencies.
(b) Finding of delinquency.--If the court finds on proof
beyond a reasonable doubt that the child committed the acts by
reason of which he is alleged to be delinquent it shall enter
such finding on the record and it shall then proceed immediately
or at a postponed hearing, which shall occur not later than 20
days after adjudication if the child is in detention or not more
than 60 days after adjudication if the child is not in
detention, to hear evidence as to whether the child is in need
of treatment, supervision or rehabilitation and to make and file
its findings thereon. This time limitation may only be extended
pursuant to the agreement of the child and the attorney for the
Commonwealth. The court's failure to comply with the time
limitations stated in this section shall not be grounds for
discharging the child or dismissing the proceeding. In the
absence of evidence to the contrary, evidence of the commission
of acts which constitute a felony shall be sufficient to sustain
a finding that the child is in need of treatment, supervision or
rehabilitation. If the court finds that the child is not in need
of treatment, supervision or rehabilitation it shall dismiss the
proceeding and discharge the child from any detention or other
restriction theretofore ordered.
* * *
(e) Continued hearings.--On its motion or that of a party
the court may continue the hearings under this section for a
reasonable period, within the time limitations imposed by this
section, to receive reports and other evidence bearing on the
disposition or the need for treatment, supervision or
rehabilitation. In this event the court shall make an
appropriate order for detention of the child or his release from
detention subject to supervision of the court during the period
of the continuance. In scheduling investigations and hearings
the court shall give priority to proceedings in which a child is
in detention or has otherwise been removed from his home before
an order of disposition has been made.
§ 9714. Sentences for second and subsequent offenses.
* * *
(g) Definition.--As used in this section, the term "crime of
violence" means murder of the third degree, voluntary
manslaughter, aggravated assault as defined in 18 Pa.C.S. §
2702(a)(1) or (2) (relating to aggravated assault), rape,
involuntary deviate sexual intercourse, aggravated indecent
assault, incest, sexual assault, arson as defined in 18 Pa.C.S.
§ 3301(a) (relating to arson and related offenses), kidnapping,
burglary of a structure adapted for overnight accommodation in
which at the time of the offense any person is present, robbery
as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)
(relating to robbery), or robbery of a motor vehicle, or
criminal attempt, criminal conspiracy or criminal solicitation
to commit murder or any of the offenses listed above, or an
equivalent crime under the laws of this Commonwealth in effect
at the time of the commission of that offense or an equivalent
crime in another jurisdiction.
Section 3. Subchapter H of Chapter 97 of Title 42 is
reenacted and amended to read:
SUBCHAPTER H
REGISTRATION OF SEXUAL OFFENDERS
§ 9791. Legislative findings and declaration of policy.
(a) Legislative findings.--It is hereby determined and
declared as a matter of legislative finding:
(1) If the public is provided adequate notice and
information about sexually violent predators and certain
other offenders, the community can develop constructive plans
to prepare themselves and their children for the offender's
release. This allows communities to meet with law enforcement
to prepare and obtain information about the rights and
responsibilities of the community and to provide education
and counseling to their children.
(2) These sexually violent predators pose a high risk of
engaging in further offenses even after being released from
incarceration or commitments and that protection of the
public from this type of offender is a paramount governmental
interest.
(3) The penal and mental health components of our
justice system are largely hidden from public view and lack
of information from either may result in failure of both
systems to meet this paramount concern of public safety.
(4) Overly restrictive confidentiality and liability
laws governing the release of information about sexually
violent predators have reduced the willingness to release
information that could be appropriately released under the
public disclosure laws and have increased risks to public
safety.
(5) Persons found to have committed such an offense have
a reduced expectation of privacy because of the public's
interest in public safety and in the effective operation of
government.
(6) Release of information about sexually violent
predators to public agencies and the general public will
further the governmental interests of public safety and
public scrutiny of the criminal and mental health systems so
long as the information released is rationally related to the
furtherance of those goals.
(b) Declaration of policy.--It is hereby declared to be the
intention of the General Assembly to protect the safety and
general welfare of the people of this Commonwealth by providing
for registration and community notification regarding sexually
violent predators who are about to be released from custody and
will live in or near their neighborhood. It is further declared
to be the policy of this Commonwealth to require the exchange of
relevant information about sexually violent predators among
public agencies and officials and to authorize the release of
necessary and relevant information about sexually violent
predators to members of the general public as a means of
assuring public protection and shall not be construed as
punitive.
§ 9792. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The State [Board to Assess Sexually Violent
Predators.] Sexual Offenders Assessment Board.
"Employed." Includes employment that is full-time or part-
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered or for the purpose
of government or educational benefit.
"Mental abnormality." A congenital or acquired condition of
a person that affects the emotional or volitional capacity of
the person in a manner that predisposes that person to the
commission of criminal sexual acts to a degree that makes the
person a menace to the health and safety of other persons.
"Minor." As used in section 9795.1 (relating to
registration), is any individual under the age of 18 unless the
age of the victim who is considered a minor is otherwise defined
in section 9795.1.
"Municipality." A city, borough, incorporated town or
township.
["Offender." An individual who is:
(1) designated a sexually violent predator under the
provisions of this subchapter; or
(2) required to register under section 9793(b) (relating
to registration of certain offenders for ten years).]
"Offender." An individual required to register under section
9795.1(a), (b)(1) or (2) (relating to registration).
"Penetration." Includes any penetration, however slight, of
the genitals or anus or mouth of another person with a part of
the person's body or a foreign object for any purpose other than
good faith medical, hygienic or law enforcement procedures.
"Predatory." An act directed at a stranger or at a person
with whom a relationship has been established or promoted for
the primary purpose of victimization.
"Residence." A location where an individual resides or is
domiciled or intends to be domiciled for 30 consecutive days or
more during a calendar year.
"Sexually violent offense." Any criminal offense specified
in section [9793(b) (relating to registration of certain
offenders for ten years)] 9795.1 (relating to registration).
"Sexually violent predator." A person who has been convicted
of a sexually violent offense as set forth in section [9793(b)
(relating to registration of certain offenders for ten years)]
9795.1 (relating to registration) and who is determined to be a
sexually violent predator under section [9794(e) (relating to
designation of sexually violent predators)] 9795.4 (relating to
assessments) due to a mental abnormality or personality disorder
that makes the person likely to engage in predatory sexually
violent offenses. The term includes an individual determined to
be a sexually violent predator where the determination occurred
in another state, territory, Federal Court, the District of
Columbia or by court martial.
"Student." A person who is enrolled on a full-time or part-
time basis in any public or private educational institution,
including any secondary school, trade or professional
institution or institution of higher education.
[§ 9793. Registration of certain offenders for ten years.
(a) Registration.--A person convicted of any of the offenses
set forth in subsection (b) shall be required to register a
current address with the Pennsylvania State Police upon release
from incarceration, upon parole from a State or county
correctional institution, upon the commencement of a sentence of
intermediate punishment or probation or where the offender is
under the supervision of the Pennsylvania Board of Probation and
Parole at the time of enactment of this section, within 30 days
of the date of enactment of this section. Where the offender has
been granted parole by the Pennsylvania Board of Probation and
Parole, the board shall collect registration information from
the offender and forward that registration information to the
Pennsylvania State Police. The Department of Corrections shall
not release the offender until it receives verification from the
Pennsylvania State Police that it has received the registration
information. Where the offender is scheduled to be released from
a State correctional facility due to the expiration of the
maximum term of incarceration, the Department of Corrections
shall collect the information from the offender no later than
ten days prior to the maximum expiration date. The Department of
Corrections shall forward the registration information to the
Pennsylvania State Police. Where the offender scheduled to be
released due to the maximum expiration date refuses to provide
the registration information, the Department of Corrections
shall notify the Pennsylvania State Police of the failure to
provide registration information and of the expected date, time
and location of the release of the offender. The chief county
probation and parole official in cooperation with a county
correctional facility shall, in accordance with established
guidelines, obtain the required information contained in section
9799.2(2) (relating to duties of Pennsylvania Board of Probation
and Parole) regarding offenders released from a county sentence
and submit the information to the Pennsylvania Board of
Probation and Parole and the Pennsylvania State Police. The
offender in a county correctional facility shall not be released
from incarceration or released to a sentence of probation or
intermediate punishment until the information has been obtained
and submitted as required. The offender shall inform the
Pennsylvania State Police within ten days if the offender
changes residence. The offender shall register with a new law
enforcement agency no later than ten days after establishing
residence in another state. The period of registration shall be
ten years.
(b) Persons required to register.--
(1) Persons convicted of any of the following offenses
that are classified as a felony and involve a victim who is a
minor:
18 Pa.C.S. § 2901 (relating to kidnapping) except by
a parent.
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
18 Pa.C.S. § 5902(b) (relating to prostitution and
related offenses).
18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
obscene and other sexual materials and performances).
(2) Persons convicted of any of the following offenses
regardless of the age of the victim:
18 Pa.C.S. § 3121.
18 Pa.C.S. § 3123.
18 Pa.C.S. § 3125.
18 Pa.C.S. § 3128(a) and (b) (relating to spousal
sexual assault).
(3) Persons convicted of 18 Pa.C.S. § 3126 (relating to
indecent assault) when the offense is a misdemeanor of the
first degree.
(c) Registration information.--The Pennsylvania State Police
shall provide the information obtained under this section and
sections 9795 (relating to registration of offenders) and 9796
(relating to verification of residence) to the chief law
enforcement officer of the police department of the municipality
in which the offender will reside. In addition, the Pennsylvania
State Police shall provide this officer with the address at
which the offender will reside following his release from
incarceration, parole or probation.
(d) Out-of-State offenders.--A person who is convicted of an
offense equivalent to any of the offenses listed in subsection
(b) in any other state or territory or the District of Columbia,
or in any Federal court, and who, within ten years of his
release or parole from incarceration, makes his residence in
Pennsylvania shall be required to register a current address
with the Pennsylvania State Police and shall be subject to the
other provisions of this subchapter relating to registration.
The period of registration shall be for ten years from the
offender's release or parole from incarceration.
(e) Penalty.--Any offender who fails to register with the
Pennsylvania State Police as required in this section commits a
felony of the third degree.
§ 9794. Designation of sexually violent predators.
(a) Order for assessment.--After conviction, but before
sentencing, a court shall order a person convicted of a sexually
violent offense specified in section 9793(b) (relating to
registration of certain offenders for ten years) to be assessed
by the board. The order for an assessment shall be sent to the
administrative officer of the board within ten days of the date
of conviction.
(b) Presumption.--An offender convicted of any offense set
forth in section 9793(b) shall be presumed by the board and the
court to be a sexually violent predator. This presumption may be
rebutted by the offender by clear and convincing evidence at a
hearing held in accordance with subsection (e).
(c) Assessment.--Upon receipt from the court of an order for
an assessment, two members of the board as designated by the
administrative officer of the board shall conduct an assessment
of the offender to determine if the offender is a sexually
violent predator. Such an assessment shall include, but not be
limited to, such factors as:
(1) Age of the offender.
(2) Offender's prior criminal record, sexual offenses as
well as other offenses.
(3) Age of the victim.
(4) Whether the offense involved multiple victims.
(5) Use of illegal drugs by the offender.
(6) Whether the offender completed any prior sentence
and whether the offender participated in available programs
for sexual offenders.
(7) Any mental illness or mental disability of the
offender.
(8) The nature of the sexual contact with the victim and
whether the sexual contact was part of a demonstrated pattern
of abuse.
(9) Whether the offense included a display of unusual
cruelty by the offender during the commission of the crime.
(10) Any behavioral characteristics that contribute to
the offender's conduct.
All State, county and local agencies shall cooperate in
providing the necessary information as requested by the board in
connection with the required assessment.
(d) Submission of report by board.--The board shall submit a
written report containing its assessment to the court no later
than 60 days from the date of conviction of the defendant. Where
the board members disagree on the assessment of the offender,
both members shall submit a written report to the court.
(e) Court review of findings.--Upon receipt of the board's
report, the court shall determine if the offender is a sexually
violent predator. This determination shall be made based on
evidence presented at a hearing held prior to sentencing and
before the trial judge. The offender and district attorney shall
be given notice of the hearing and an opportunity to be heard,
the right to call witnesses, the right to call expert witnesses
and the right to cross-examine witnesses. In addition, the
offender shall have the right to counsel and to have a lawyer
appointed to represent him if he cannot afford one. After a
review of all evidence presented at this hearing, the court may
determine whether the presumption arising under subsection (b)
has been rebutted and shall set forth this determination on the
sentencing order. A copy of the sentencing order containing the
determination shall be submitted to the Pennsylvania Board of
Probation and Parole and the Department of Corrections.
(f) Subsequent board review.--No sooner than one year prior
to release from a State or county correctional institution, or
in five-year intervals thereafter, an offender designated as a
sexually violent predator may petition the court with original
jurisdiction in the matter for reconsideration of the
determination. The court may review the determination and
request a new report by the board. The court may enter an order
terminating the designation in which case the court shall notify
the Pennsylvania State Police.
§ 9795. Registration of offenders.
(a) Registration of sexually violent predators.--A sexually
violent predator shall be required to register all current
addresses with the Pennsylvania State Police upon release from
incarceration, upon parole from a State or county correctional
institution or upon the commencement of a sentence of
intermediate punishment or probation. The offender shall inform
the Pennsylvania State Police within ten days if the offender
changes residence. The offender shall register with a new law
enforcement agency no later than ten days after establishing
residence in another state. The registration shall continue
unless the court determines the person is no longer a sexually
violent predator as provided in section 9794(f) (relating to
designation of sexually violent predators). Where the offender
has been granted parole by the Pennsylvania Board of Probation
and Parole, the board shall collect registration information
from the offender and forward that registration information to
the Pennsylvania State Police. The Department of Corrections
shall not release the offender until it receives verification
from the Pennsylvania State Police that it has received the
registration information. Where the offender is scheduled to be
released from a State correctional facility due to the
expiration of the maximum term of incarceration, the Department
of Corrections shall collect the information from the offender
no later than ten days prior to the maximum expiration date. The
Department of Corrections shall forward the registration
information to the Pennsylvania State Police. Where the offender
scheduled to be released due to the maximum expiration date
refuses to provide the registration information, the Department
of Corrections shall notify the Pennsylvania State Police of the
failure to provide registration information and of the expected
date, time and location of the release of the offender. The
chief county probation and parole official in cooperation with a
county correctional facility shall, in accordance with
established guidelines, obtain the required information
contained in section 9799.2(2) (relating to duties of
Pennsylvania Board of Probation and Parole) regarding offenders
released from a county sentence and submit the information to
the Pennsylvania Board of Probation and Parole and the
Pennsylvania State Police. The offender in a county correctional
facility shall not be released from incarceration or released to
a sentence of probation or intermediate punishment until the
information has been obtained and submitted as required.
(b) Court information for all offenders.--The sentencing
court shall inform offenders designated in section 9793
(relating to registration of certain offenders for ten years)
and sexually violent predators designated in subsection (a) at
the time of sentencing of the provisions of this subchapter. The
court shall:
(1) Specifically inform the offender of the duty to
register and obtain the information required for each
registration.
(2) Specifically inform the offender of the duty to
inform the Pennsylvania State Police within ten days if the
offender changes residence.
(3) Specifically inform the offender of the duty to
register with a new law enforcement agency if the offender
moves to another state no later than ten days after
establishing residence in another state.
(4) Order the fingerprints and photograph of the person
to be provided to the Pennsylvania State Police upon
sentencing.
(5) Require the offender to read and sign a form stating
that the duty to register under this subchapter has been
explained. Where the offender is incapable of reading, the
court shall certify the duty to register was explained to the
offender and the offender indicated an understanding of the
duty.
(c) Offenders from other states.--As a condition of
obtaining residency in Pennsylvania under the interstate compact
for the supervision of parolees and probationers, sexual
offenders from other states shall be required to register and
abide by the requirements of this subchapter and, where the
Pennsylvania Board of Probation and Parole determines it is
necessary to protect the public, shall submit to public
notification as provided in section 9798 (relating to other
notification).
(d) Penalty.--Any offender who fails to register with the
Pennsylvania State Police as required in this section commits a
felony of the third degree.]
§ 9795.1. Registration.
(a) Ten-year registration.--The following individuals shall
be required to register with the Pennsylvania State Police for a
period of ten years:
(1) Individuals convicted of any of the following
offenses:
18 Pa.C.S. § 2901 (relating to kidnapping) where the
victim is a minor.
18 Pa.C.S. § 3126 (relating to indecent assault)
where the offense is a misdemeanor of the first degree.
18 Pa.C.S. § 4302 (relating to incest) where the
victim is 12 years of age or older but under 18 years of
age.
18 Pa.C.S. § 5902(b) (relating to prostitution and
related offenses) where the actor promotes the
prostitution of a minor.
18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
obscene and other sexual materials and performances)
where the victim is a minor.
18 Pa.C.S. § 6312 (relating to sexual abuse of
children).
18 Pa.C.S. § 6318 (relating to unlawful contact or
communication with minor).
(2) Individuals convicted of an attempt to commit any of
the offenses under paragraph (1) or subsection (b)(2).
(b) Lifetime registration.--The following individuals shall
be subject to lifetime registration:
(1) An individual with two or more convictions of any of
the offenses set forth in subsection (a).
(2) Individuals convicted of any of the following
offenses:
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
18 Pa.C.S. § 4302 (relating to incest) when the
victim is under 12 years of age.
(3) Sexually violent predators.
§ 9795.2. Registration procedures and applicability.
(a) Registration.--
(1) Offenders and sexually violent predators shall be
required to register all current residences or intended
residences with the Pennsylvania State Police upon release
from incarceration, upon parole from a State or county
correctional institution or upon the commencement of a
sentence of intermediate punishment or probation.
(2) Offenders and sexually violent predators shall
inform the Pennsylvania State Police within ten days of a
change of residence. Registration with a new law enforcement
agency shall occur no later than ten days after establishing
residence in another state.
(3) The ten-year registration period required in section
9795.1(a) (relating to registration) shall be tolled when an
offender is recommitted for a parole violation or sentenced
to an additional term of imprisonment. In such cases, the
Department of Corrections or county correctional facility
shall notify the Pennsylvania State Police of the admission
of the offender.
(4) This paragraph shall apply to all offenders and
sexually violent predators:
(i) Where the offender or sexually violent predator
was granted parole by the Pennsylvania Board of Probation
and Parole or the court or is sentenced to probation or
intermediate punishment, the board or county office of
probation and parole shall collect registration
information from the offender or sexually violent
predator and forward that registration information to the
Pennsylvania State Police. The Department of Corrections
or county correctional facility shall not release the
offender or sexually violent predator until it receives
verification from the Pennsylvania State Police that it
has received the registration information. Where the
offender or sexually violent predator is scheduled to be
released from a State correctional facility or county
correctional facility because of the expiration of the
maximum term of incarceration, the Department of
Corrections or county correctional facility shall collect
the information from the offender or sexually violent
predator no later than ten days prior to the maximum
expiration date. The registration information shall be
forwarded to the Pennsylvania State Police.
(ii) Where the offender or sexually violent predator
scheduled to be released from a State correctional
facility or county correctional facility due to the
maximum expiration date refuses to provide the
registration information, the Department of Corrections
or county correctional facility shall notify the
Pennsylvania State Police or police department with
jurisdiction over the facility of the failure to provide
registration information and of the expected date, time
and location of the release of the offender or sexually
violent predator.
(b) Individuals convicted in jurisdictions outside this
Commonwealth.--
(1) The registration requirements of this subchapter
shall apply to individuals convicted of an equivalent offense
listed in section 9795.1 where the conviction occurred in
another state, territory, Federal court or the District of
Columbia or where the individual was sentenced by court
martial, or where the individual was required to register
under a sexual offender statute in the jurisdiction where the
individual was convicted, and the individual:
(i) resides in this Commonwealth; or
(ii) is employed or is a student in this
Commonwealth.
(2) An individual subject to registration under this
subsection shall register within ten days of his arrival in
this Commonwealth.
(3) An individual subject to registration under this
subsection who is paroled to the Commonwealth pursuant to the
interstate compact for the supervision of parolees and
probationers shall, in addition to the requirements of this
subchapter, be subject to the requirements of section 33 of
the act of August 6, 1941 (P.L.861, No.323), referred to as
the Pennsylvania Board of Probation and Parole Law.
(c) Registration information to local police.--The
Pennsylvania State Police shall provide the information obtained
under this section and sections 9795.3 (relating to sentencing
court information) and 9796 (relating to verification of
residence) to the chief law enforcement officer of the police
department of the municipality in which the individual will
reside. In addition, the Pennsylvania State Police shall provide
this officer with the address at which the individual will
reside following his release from incarceration, parole or
probation.
(d) Penalty.--
(1) An individual subject to registration under section
9795.1(a) who fails to register with the Pennsylvania State
Police as required in this section commits a felony of the
third degree.
(2) An individual subject to registration under section
9795.1(b)(1) or (2) who fails to register with the
Pennsylvania State Police as required in this section commits
a felony of the first degree and shall be sentenced to a
mandatory minimum sentence of probation for the remainder of
the individual's lifetime and may be sentenced to a period of
incarceration of up to the individual's lifetime.
§ 9795.3. Sentencing court information.
The sentencing court shall inform offenders and sexually
violent predators at the time of sentencing of the provisions of
this subchapter. The court shall:
(1) Specifically inform the offender or sexually violent
predator of the duty to register and provide the information
required for each registration, including verification as
required in section 9796(a) (relating to verification of
residence).
(2) Specifically inform the offender or sexually violent
predator of the duty to inform the Pennsylvania State Police
within ten days if the offender or sexually violent predator
changes residence.
(3) Specifically inform the offender or sexually violent
predator of the duty to register with a new law enforcement
agency if the offender or sexually violent predator moves to
another state no later than ten days after establishing
residence in another state.
(4) Order the fingerprints and photograph of the
offender or sexually violent predator to be provided to the
Pennsylvania State Police upon sentencing.
(5) Specifically inform the offender or sexually violent
predator of the duty to register with the appropriate
authorities in any state in which the offender or sexually
violent predator is employed, carries on a vocation or is a
student if the state requires such registration.
(6) Require the offender or sexually violent predator to
read and sign a form stating that the duty to register under
this subchapter has been explained. Where the offender or
sexually violent predator is incapable of reading, the court
shall certify the duty to register was explained to the
offender or sexually violent predator and the offender or
sexually violent predator indicated an understanding of the
duty.
§ 9795.4. Assessments.
(a) Order for assessment.--After conviction but before
sentencing, a court shall order an individual convicted of an
offense specified in section 9795.1 (relating to registration)
to be assessed by the board. The order for an assessment shall
be sent to the administrative officer of the board within ten
days of the date of conviction.
(b) Assessment.--Upon receipt from the court of an order for
an assessment, a member of the board as designated by the
administrative officer of the board shall conduct an assessment
of the individual to determine if the individual should be
classified as a sexually violent predator. The board shall
establish standards for evaluations and for evaluators
conducting the assessments. An assessment shall include, but not
be limited to, an examination of the following:
(1) Facts of the current offense, including:
(i) Whether the offense involved multiple victims.
(ii) Whether the individual exceeded the means
necessary to achieve the offense.
(iii) The nature of the sexual contact with the
victim.
(iv) Relationship of the individual to the victim.
(v) Age of the victim.
(vi) Whether the offense included a display of
unusual cruelty by the individual during the commission
of the crime.
(vii) The mental capacity of the victim.
(2) Prior offense history, including:
(i) The individual's prior criminal record.
(ii) Whether the individual completed any prior
sentences.
(iii) Whether the individual participated in
available programs for sexual offenders.
(3) Characteristics of the individual, including:
(i) Age of the individual.
(ii) Use of illegal drugs by the individual.
(iii) Any mental illness, mental disability or
mental abnormality.
(iv) Behavioral characteristics that contribute to
the individual's conduct.
(4) Factors that are supported in a sexual offender
assessment filed as criteria reasonably related to the risk
of reoffense.
(c) Release of information.--All State, county and local
agencies, offices or entities in this Commonwealth shall
cooperate by providing copies of records and information as
requested by the board in connection with the court-ordered
assessment.
(d) Submission of report by board.--The board shall submit a
written report containing its assessment to the district
attorney no later than 90 days from the date of conviction of
the individual.
(e) Hearing.--
(1) A hearing to determine whether the individual is a
sexually violent predator shall be scheduled upon the
praecipe filed by the district attorney. The district
attorney upon filing a praecipe shall serve a copy of same
upon defense counsel together with a copy of the report of
the board.
(2) The individual and district attorney shall be given
notice of the hearing and an opportunity to be heard, the
right to call witnesses, the right to call expert witnesses
and the right to cross-examine witnesses. In addition, the
individual shall have the right to counsel and to have a
lawyer appointed to represent him if he cannot afford one. If
the individual requests another expert assessment, the
individual shall provide a copy of the expert assessment to
the district attorney prior to the hearing.
(3) At the hearing prior to sentencing the court shall
determine whether the Commonwealth has proved by clear and
convincing evidence that the individual is a sexually violent
predator.
(4) A copy of the order containing the determination of
the court shall be submitted to the individual, the district
attorney, the Pennsylvania Board of Probation and Parole, the
Department of Corrections and the board.
(f) Presentence investigation.--In all cases where the board
has performed an assessment pursuant to this section, copies of
the report shall be provided to the agency preparing the
presentence investigation.
(g) Parole assessment.--The Pennsylvania Board of Probation
and Parole may request of the board an assessment of an offender
or sexually violent predator be conducted and provide a report
to the Pennsylvania Board of Probation and Parole prior to
considering an offender or sexually violent predator for parole.
§ 9796. Verification of residence.
(a) Quarterly verification.--The Pennsylvania State Police
shall verify the residence and compliance with counseling as
provided for in section 9799.4 (relating to counseling of
sexually violent predators) of sexually violent predators every
90 days through the use of a nonforwardable verification form to
the last reported [address. The form shall be returned by the
offender within ten days.] residence. For the period of
registration required by section 9795.1 (relating to
registration), a sexually violent predator shall appear within
ten days of receipt of the form at any Pennsylvania State Police
station to complete the verification form and to be
photographed.
(b) Annual verification.--The Pennsylvania State Police
shall verify the residence of offenders [designated in section
9793 (relating to registration of certain offenders for ten
years)] through the use of a [residence] nonforwardable
verification form. [The form shall be returned by the offender
within ten days.] For the period of registration required by
section 9795.1, the offender shall appear within ten days of
receipt of the form at any Pennsylvania State Police station to
complete the verification form and to be photographed.
(c) Notification of law enforcement agencies of change [in]
of [address.--A change of address] residence.--A change of
residence of an offender or sexually violent predator required
to register under this subchapter reported to the Pennsylvania
State Police shall be immediately reported by the Pennsylvania
State Police to the appropriate law enforcement agency having
jurisdiction of the offender's or the sexually violent
predator's new place of residence. The Pennsylvania State Police
shall, if the offender or sexually violent predator changes
residence to another state, notify the law enforcement agency
with which the offender or sexually violent predator must
register in the new state.
(d) Failure to provide verification.--Where [any offender]
an offender or sexually violent predator fails to provide
verification of residence within the ten-day period as set forth
in this section, the Pennsylvania State Police shall immediately
notify the municipal police department of the offender's or the
sexually violent predator's last verified residence. The local
municipal police shall locate the offender or sexually violent
predator and arrest him for violating this section. The
Pennsylvania State Police shall assume responsibility for
locating the offender or sexually violent predator and arresting
him in jurisdictions where no municipal police jurisdiction
exists. The Pennsylvania State Police shall assist any municipal
police department requesting assistance with locating and
arresting an offender or sexually violent predator who fails to
verify his residence.
(e) Penalty.--
(1) Any [offender] individual subject to registration
under section 9795.1(a) who fails to verify his residence or
be photographed as required in this section commits a felony
of the third degree.
(2) Any individual subject to registration under section
9795.1(b)(1) or (2) who fails to verify his residence or to
be photographed as required in this section commits a felony
of the first degree and shall be sentenced to a mandatory
minimum sentence of probation for the remainder of the
individual's lifetime and may be sentenced to a period of
incarceration of up to the individual's lifetime.
§ 9797. Victim notification.
(a) Duty to inform victim.--
(1) Where the [offender] individual is determined to be
a sexually violent predator by a court under section
[9794(e)] 9795.4 (relating to [designation of sexually
violent predators] assessments), the local municipal police
department or the Pennsylvania State Police where no
municipal police jurisdiction exists shall give written
notice to the [offender's] sexually violent predator's victim
when the [offender] sexually violent predator registers
initially and when he notifies the Pennsylvania State Police
of [a change of address] any change of residence. This notice
shall be given within 72 hours after the [offender] sexually
violent predator registers or notifies the Pennsylvania State
Police of a change of address. The notice shall contain the
[offender's] sexually violent predator's name and the address
or addresses where he resides.
(2) A victim may terminate the duty to inform set forth
in paragraph (1) by providing the local municipal police
department or the Pennsylvania State Police where no local
municipal police department exists with a written statement
releasing that agency from the duty to comply with this
section as it pertains to that victim.
(b) Where an [offender] individual is not [designated as]
determined to be a sexually violent predator.--Where [the
offender] an individual is not determined to be a sexually
violent predator by a court under section [9794(e)] 9795.4, the
[offender's] victim shall be notified in accordance with section
[479.3 of the act of April 9, 1929 (P.L.177, No.175), known as
The Administrative Code of 1929.] 201 of the act of November 24,
1998 (P.L.882, No.111), known as the Crime Victims Act.
§ 9798. Other notification.
(a) [By] Notice by municipality's chief law enforcement
officer.--Notwithstanding any of the provisions of 18 Pa.C.S.
Ch. 91 (relating to criminal history record information), the
chief law enforcement officer of the full-time or part-time
police department of the municipality where a sexually violent
predator lives shall be responsible for providing written notice
as required under this section.
(1) The notice shall contain:
(i) The name of the convicted sexually violent
predator.
(ii) The address or addresses at which he resides.
(iii) The offense for which he was convicted.
(iv) A statement that he has been [designated]
determined by court order [as] to be a sexually violent
predator, which [designation] determination has or has
not been terminated as of a date certain.
(v) A photograph of the sexually violent predator,
if available.
(2) The notice shall not include any information that
might reveal the victim's name, identity and residence.
(b) To whom written notice is provided.--The chief law
enforcement officer shall provide written notice, under
subsection (a), to the following persons:
(1) Neighbors of the sexually violent predator.
(2) The director of the county children and youth
service agency of the county where the sexually violent
predator resides.
(3) The superintendent of each school district and the
equivalent official for private and parochial schools
enrolling students up through grade 12 in the municipality
where the sexually violent predator resides.
(3.1) The superintendent of each school district and the
equivalent official for each private and parochial school
located within a one-mile radius of where the sexually
violent predator resides.
(4) The [director] licensee of each [licensed] certified
day care center and licensed preschool program and
owner/operator of each registered family day care home in the
municipality where the sexually violent predator resides.
(5) The president of each college, university and
community college located within 1,000 feet of a sexually
violent predator's [address] residence.
(c) Urgency of notification.--The municipal police
department's chief law enforcement officer shall provide notice
within the following time frames:
(1) To neighbors, notice shall be provided within 72
hours after information of the sexually violent predator's
release date and [address] residence has been received by the
chief law enforcement officer. Notwithstanding the provisions
of subsections (a) and (b), verbal notification may be used
if written notification would delay meeting this time
requirement.
(2) To the persons specified in subsection (b)(2), (3),
(4) and (5), notice shall be provided within seven days after
the chief law enforcement officer receives information
regarding the sexually violent predator's release date and
[address] residence.
(d) Public notice.--All information provided in accordance
with subsection (a) shall be available, upon request, to the
general public. The information may be provided by electronic
means.
(e) Interstate parolees.--The duties of police departments
under this section shall also apply to individuals who are
paroled to this Commonwealth pursuant to section 33 of the act
of August 6, 1941 (P.L.861, No.323), referred to as the
Pennsylvania Board of Probation and Parole Law.
§ 9799. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this [section] subchapter:
(1) The Pennsylvania State Police and local law
enforcement agencies and employees of law enforcement
agencies.
(2) District attorneys and their agents and employees.
(3) Superintendents, administrators, teachers, employees
and volunteers engaged in the supervision of children of any
public, private or parochial school.
(4) Directors and employees of county children and youth
agencies.
(5) Presidents or similar officers of universities and
colleges, including community colleges.
(6) The Pennsylvania Board of Probation and Parole and
its agents and employees.
(7) County probation and parole offices and their agents
and employees.
[(7)] (8) [Directors of licensed] Licensees of certified
day care centers and directors of licensed preschool programs
and owners/operators of registered family day care homes, and
their agents and employees.
(9) The Pennsylvania Department of Corrections and its
agents and employees.
(10) County correctional facilities and their agents and
employees.
(11) Members of the Sexual Offenders Assessment Board
and its agents and employees.
§ 9799.1. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall:
(1) Create and maintain a State registry of offenders
and sexually violent predators [pursuant to section 9793
(relating to registration of certain offenders for ten
years)].
(2) In consultation with the Department of Corrections,
the Office of Attorney General [and], the Pennsylvania Board
of Probation and Parole and the chairman and the minority
chairman of the Judiciary Committee of the Senate and the
chairman and the minority chairman of the Judiciary Committee
of the House of Representatives, promulgate guidelines
necessary for the general administration of this subchapter.
(3) Write regulations regarding neighbor notification of
the current [address] residence of sexually violent
predators.
(4) Notify, within 72 hours of receiving the offender's
or the sexually violent predator's registration, the chief
law enforcement officer of the police department having
primary jurisdiction of the municipality in which an offender
or sexually violent predator resides of the fact that the
offender or sexually violent predator has been registered
with the Pennsylvania State Police pursuant to sections [9795
(relating to registration of offenders] 9795.2 (relating to
registration procedures and applicability) and 9796 (relating
to verification of residence).
(5) In consultation with the Department of Education and
the Pennsylvania Board of Probation and Parole, promulgate
guidelines directing licensed day-care centers, licensed
preschool programs, schools, universities and colleges,
including community colleges, on the proper use and
administration of information received under section 9798
(relating to other notification).
(6) Immediately transfer the information received from
the Pennsylvania Board of Probation and Parole under section
9799.2(2) and (3) (relating to duties of Pennsylvania Board
of Probation and Parole) and the fingerprints of [the] a
sexually violent predator to the Federal Bureau of
Investigation.
[All guidelines and regulations promulgated under this section
shall be published in the Pennsylvania Bulletin no later than
January 1, 1996.]
§ 9799.2. Duties of Pennsylvania Board of Probation and
Parole.
The Pennsylvania Board of Probation and Parole shall:
(1) Create a notification form which will inform State
and county prison and probation and parole personnel how to
inform offenders and sexually violent predators required to
register under this subchapter of their duty under the law.
(2) In cooperation with the Department of Corrections
and other Commonwealth agencies, obtain the following
information regarding offenders and sexually violent
predators:
(i) Name, including any aliases.
(ii) Identifying factors.
(iii) Anticipated future residence.
(iv) Offense history.
(v) Documentation of any treatment received for the
mental abnormality or personality disorder.
(vi) Photograph of the offender or sexually violent
predator.
(3) Immediately transmit the information in paragraph
(2) to the Pennsylvania State Police for immediate entry into
the State registry of [sexual offenders] offenders and
sexually violent predators and the criminal history record of
the [offender] individual as provided in 18 Pa.C.S. Ch. 91
(relating to criminal history record information).
§ 9799.3. Board.
(a) Composition.--The State Sexual Offenders Assessment
Board [to Assess Sexually Violent Predators] shall be composed
of psychiatrists, psychologists and criminal justice experts,
each of whom is an expert in the field of the behavior and
treatment of sexual offenders.
(b) Appointment.--The Governor shall appoint the board
members.
(c) Term of office.--Members of the board shall serve four-
year terms.
(d) Compensation.--The members of the board shall be
compensated at a rate of [$200] $350 per assessment and receive
reimbursement for their actual and necessary expenses while
performing the business of the board. The chairman shall receive
$500 additional compensation per annum.
(e) Staff.--Support staff for the board shall be provided by
the Pennsylvania Board of Probation and Parole.
§ 9799.4. [Sexually] Counseling of sexually violent predators.
[(a) Increased mandatory maximum sentence.--Upon the court's
finding that the offender is a sexually violent predator, the
offender's maximum term of confinement for any offense or
conviction specified in section 9793(b) (relating to
registration of certain offenders for ten years) shall be
increased to the offender's lifetime notwithstanding lesser
statutory maximum penalties for these offenses.
(b) Counseling.--The] For the period of registration
required by section 9795.1(b) (relating to registration), a
sexually violent predator shall be required to attend at least
monthly counseling sessions in a program approved by the board
and be financially responsible for all fees assessed from such
counseling sessions. The board shall monitor the compliance of
the sexually violent predator. If the sexually violent predator
can prove to the satisfaction of the court that the person
cannot afford to pay for the counseling sessions, that person
shall still attend the counseling sessions and the parole office
shall pay the requisite fees.
[(c) Mandatory sentence.--Notwithstanding any other
provision of law to the contrary, when a person who has been
designated as a sexually violent predator is convicted of a
subsequent sexually violent offense, the mandatory sentence
shall be life imprisonment. Should a previous conviction be
vacated and an acquittal or final discharge entered subsequent
to imposition of sentence under this section, the offender shall
have the right to petition the sentencing court for
reconsideration of sentence if this section would not have been
applicable except for the conviction which was vacated.
(d) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (c), to place such offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(e) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section when it is applicable, the Commonwealth
shall have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for the imposition
of a sentence in accordance with this section if it finds that
the sentence was imposed in violation of this section.]
[§ 9799.5. Exemption from notification.
Nothing in this subchapter shall be construed as imposing a
duty upon a person licensed under the act of February 19, 1980
(P.L.15, No.9), known as the Real Estate Licensing and
Registration Act, or an employee thereof to disclose any
information regarding an offender required to register under
this act.
§ 9799.6. Applicability.
The provisions of section 9793(d) (relating to registration
of certain offenders for ten years) shall apply to all offenders
convicted of an offense equivalent to an offense set forth in
section 9793(b) before the effective date of this section who
remain incarcerated or on parole on the effective date of this
section. In addition, the provisions of section 9793(d) shall
apply to all offenders convicted of an offense equivalent to an
offense set forth in section 9793(b) on or after the effective
date of this section.]
§ 9799.7. Exemption from notification for certain licensees
and their employees.
Nothing in this subchapter shall be construed as imposing a
duty upon a person licensed under the act of February 19, 1980
(P.L.15, No.9), known as the Real Estate Licensing and
Registration Act, or an employee thereof to disclose any
information regarding :
(1) a sexually violent predator; or
(2) an individual who is paroled to this Commonwealth
pursuant to the interstate compact for the supervision of
parolees and probationers.
Section 4. The provisions of 23 Pa.C.S. § 6382 are repealed.
Section 5. This act shall apply as follows:
(1) To proceedings initiated on or after the effective
date of this act.
(2) The reenactment and amendment of 42 Pa.C.S. Ch. 97
Subch. H shall apply to individuals incarcerated or convicted
on or after the effective date of this act.
(3) This act shall not affect the requirements for
individuals registered pursuant to 42 Pa.C.S. Ch. 97 Subch. H
prior to the effective date of this act.
Section 6. This act shall take effect in 60 days.
APPROVED--The 10th day of May, A. D. 2000.
THOMAS J. RIDGE
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