act-1995-1-24•Pennsylvania Act 1995-24 (session 1) — JUDICIAL CODE (42 PA.C.S.) - AMEND SEX OFFENDERS (MEGAN'S LAW)
Pennsylvania Act 1995-24 (session 1) — JUDICIAL CODE (42 PA.C.S.) - AMEND SEX OFFENDERS (MEGAN'S LAW)
act-1995-1-241995 Pa. Act 24 (session 1)Law
Act text
JUDICIAL CODE (42 PA.C.S.) - AMEND SEX OFFENDERS (MEGAN'S LAW)
Act of Oct. 24, 1995, Special Session 1, P.L. 1079, No. 24 Cl. 42
Special Session No. 1 of 1995
No. 1995-24
SB 7
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for sexually
violent offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 97 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER H
REGISTRATION OF SEXUAL OFFENDERS
Sec.
9791. Legislative findings and declaration of policy.
9792. Definitions.
9793. Registration of certain offenders for ten years.
9794. Designation of sexually violent predators.
9795. Registration of offenders.
9796. Verification of residence.
9797. Victim notification.
9798. Other notification.
9799. Immunity for good faith conduct.
9799.1. Duties of Pennsylvania State Police.
9799.2. Duties of Pennsylvania Board of Probation and Parole.
9799.3. Board.
9799.4. Sexually violent predators.
9799.5. Exemption from notification.
§ 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.
"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.
"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).
"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.
"Sexually violent offense." Any criminal offense specified
in section 9793(b) (relating to registration of certain
offenders for ten years).
"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)
and who is determined to be a sexually violent predator under
section 9794(e) (relating to designation of sexually violent
predators) due to a mental abnormality or personality disorder
that makes the person likely to engage in predatory sexually
violent offenses.
§ 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 or upon the commencement of a sentence
of intermediate punishment or probation. 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).
(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.
§ 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.
(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.--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.
(d) Submission of report by board.--The board shall submit a
written report containing its assessment to the court no later
than 30 days from the date of conviction of the defendant.
(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.
(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 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).
(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) Notice by correctional facility and paroling
authorities.--When the offender is to be released from
incarceration or paroled from a State or county correctional
facility, the prison official of the State or county
correctional facility shall no later than ten days prior to the
release or parole of the offender again provide the offender
with notice of the duty to register with the Pennsylvania State
Police under this subchapter.
(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.
§ 9796. Verification of residence.
(a) Quarterly verification.--The Pennsylvania State Police
shall verify the residence 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.
(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) annually through the use of a residence verification
form. The form shall be returned by the offender within ten
days.
(c) Notification of law enforcement agencies of change in
address.--A change of address of an offender 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 new place of residence. The
Pennsylvania State Police shall, if the offender changes
residence to another state, notify the law enforcement agency
with which the offender must register in the new state.
(d) Failure to provide verification.--Where any offender
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 last verified residence. The local municipal
police shall locate the offender and arrest him for violating
this section. The Pennsylvania State Police shall assume
responsibility for locating the offender 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 who fails to verify his residence.
(e) Penalty.--Any offender who fails to verify his residence
as required in this section commits a felony of the third
degree.
§ 9797. Victim notification.
(a) Duty to inform victim.--
(1) Where the offender is determined to be a sexually
violent predator by a court under section 9794(e) (relating
to designation of sexually violent predators), the local
municipal police department or the Pennsylvania State Police
where no municipal police jurisdiction exists shall give
written notice to the offender's victim when the offender
registers initially and when he notifies the Pennsylvania
State Police of a change of address. This notice shall be
given within 72 hours after the offender registers or
notifies the Pennsylvania State Police of a change of
address. The notice shall contain the offender'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 is not designated as a sexually
violent predator.--Where the offender is not determined to be a
sexually violent predator by a court under section 9794(e), 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.
§ 9798. Other notification.
(a) By municipality's chief law enforcement officer.--The
chief law enforcement officer of the 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 by
court order as a sexually violent predator, which
designation has or has not been terminated as of a date
certain.
(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.
(4) The director of each licensed day care center and
licensed preschool program in the municipality.
(5) The president of each college, university and
community college located within 1,000 feet of a sexually
violent predator's address.
(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 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.
(d) Public notice.--All information provided in accordance
with subsection (a) shall be available, upon request, to the
general public.
§ 9799. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this section:
(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 and
employees 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) Directors of licensed day care centers and directors
of licensed preschool programs.
§ 9799.1. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall:
(1) Create and maintain a State registry of offenders
pursuant to section 9793 (relating to registration of certain
offenders for ten years).
(2) In consultation with the Office of Attorney General
and the Pennsylvania Board of Probation and Parole,
promulgate guidelines necessary for the general
administration of this subchapter.
(3) Write regulations regarding neighbor notification of
the current address of sexually violent predators.
(4) Notify, within 72 hours of receiving the offender's
registration, the chief law enforcement officer of the police
department having primary jurisdiction of the municipality in
which an offender resides of the fact that the offender has
been registered with the Pennsylvania State Police pursuant
to sections 9795 (relating to registration of offenders) 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 9797
(relating to victim 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 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 required to register under this subchapter
of their duty under the law.
(2) Obtain the following information regarding
offenders:
(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.
(3) Immediately transmit the information in paragraph
(2) to the Pennsylvania State Police for immediate entry into
the State registry of sexual offenders and the criminal
history record of the offender as provided in 18 Pa.C.S. Ch.
91 (relating to criminal history record information).
§ 9799.3. Board.
(a) Composition.--The State Board to Assess Sexually Violent
Predators shall be composed of three persons, one psychiatrist,
one psychologist and one criminal justice expert, each of whom
has a minimum of ten years of experience and specialized
training in the behavior and treatment of sex offenders.
(b) Appointment.--The Governor shall appoint the
psychiatrist and psychologist board members. The Attorney
General shall appoint the criminal justice expert. All
appointments shall be made within 30 days of the effective date
of this section.
(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 $125 per day 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 violent predators.
(a) Lifetime parole; counseling.--Notwithstanding any other
provision of law to the contrary, a person designated as a
sexually violent predator under this subchapter shall remain on
lifetime parole when released from a State or county
correctional facility unless the court determines the person is
no longer a sexually violent predator under section 9794(f)
(relating to designation of sexually violent predators). The
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. If the sexually violent predator can prove
to the satisfaction of the court that that person cannot afford
to pay for the counseling sessions, that person shall still
attend the counseling sessions and the parole office shall pay
the requisite fees.
(b) 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.
(c) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (b), to place such offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section 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.
Section 2. The provisions of this act are severable. If any
provision of this act or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 3. The provisions of this act shall be applicable as
follows:
(1) All offenders convicted of an offense set forth in
42 Pa.C.S. § 9793(b) before the effective date of this
section who remain under the jurisdiction of the Pennsylvania
Board of Probation and Parole or the Department of
Corrections shall be subject to the provisions of this act,
with the exception of 42 Pa.C.S. §§ 9794, 9795(a), 9796(a),
9797, 9798 and 9799.4, which relate to sexually violent
predators.
(2) All offenders convicted of an offense set forth in
42 Pa.C.S. § 9793(b) committed on or after the effective date
of this section shall be subject to all provisions of this
act.
Section 4. This act shall take effect as follows:
(1) The addition of 42 Pa.C.S. §§ 9791, 9792, 9799.1,
9799.2 and 9799.3 shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 180
days.
APPROVED--The 24th day of October, A. D. 1995.
THOMAS J. RIDGE
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