Title 42, JUDICIARY AND JUDICIAL PROCEDURE

The Department of Corrections, a county correctional facility, an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) and the separate, State-owned facility or unit established under Chapter 64 (relating to court-ordered involunta…

(a) Composition.--The board shall be composed of psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders. (b) Appointment.--The Governor shall appoint the board members. (c) Term of office…

(a) General rule.--A sexually violent predator who is not incarcerated shall be required to attend at least monthly counseling sessions in a program approved by the board and be financially responsible for all fees assessed from the counseling sessions. The board shall monitor th…

Nothing in this subchapter shall be construed as imposing a duty upon a person licensed under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, or an employee of the person, to disclose any information regarding an individual re…

(a) Duties of the Attorney General.--The Attorney General has the following duties: (1) To conduct a performance audit annually to determine compliance with the requirements of this subchapter and Subchapter I (relating to continued registration of sexual offenders) and any guide…

An individual subject to registration under section 9799.13 (relating to applicability) shall submit to fingerprinting and photographing as required by this subchapter. Fingerprinting as required by this subchapter shall, at a minimum, require submission of a full set of fingerpr…

2012 Expiration. Section 9799.4 expired December 20, 2012. See Act 111 of 2011.

The Pennsylvania Commission on Sentencing shall establish procedures to enable courts to classify sexual offenders as provided in section 9799.23 (relating to court notification and classification requirements). (Dec. 20, 2011, P.L.446, No.111, eff. one year) 2021 Unconstitutiona…

The following provisions shall expire December 20, 2012: Section 9718.3 (relating to sentence for failure to comply with registration of sexual offenders). Section 9791 (relating to legislative findings and declaration of policy). Section 9792 (relating to definitions). Section 9…

Except for petitions filed under section 9799.15(a.2) (relating to period of registration), the Pennsylvania State Police shall have standing to appear and contest a filing in a court of this Commonwealth which seeks to challenge in any way the obligation of an individual require…

2000 Amendment. Section 9799.5 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.

(a) Legislative findings.--It is hereby determined and declared as a matter of legislative finding: (1) If the public is provided adequate notice and information about sexually violent predators and offenders as well as those sexually violent predators and offenders who do not ha…

This subchapter shall apply to individuals who were: (1) convicted of a sexually violent offense committed on or after April 22, 1996, but before December 20, 2012, whose period of registration with the Pennsylvania State Police, as described in section 9799.55 (relating to regis…

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Active notification." Notification in accordance with section 9799.62 (relating to other notification) or a process …

(a) Registration.--The following individuals shall register with the Pennsylvania State Police as provided in this subchapter: (1) An individual who committed a sexually violent offense within this Commonwealth and whose period of registration with the Pennsylvania State Police, …

(a) Ten-year registration.--Except as provided under subsection (a.1) or (b), the following individuals shall be required to register with the Pennsylvania State Police for a period of 10 years: (1) (i) (A) Individuals convicted within this Commonwealth of any of the following of…

(a) Registration.-- (1) (i) Offenders and sexually violent predators shall be required to register with the Pennsylvania State Police as specified in section 9799.54 (relating to applicability). (ii) Offenders and sexually violent predators shall be required to register with the …

The sentencing court shall inform offenders and sexually violent predators convicted on or after February 21, 2018, at the time of sentencing of the provisions of this subchapter. The court shall: (1) Specifically inform the offender or sexually violent predator of the duty to re…

(a) Order for assessment.--After conviction but before sentencing, a court shall order an individual convicted of an offense specified in section 9799.55 (relating to registration) to be assessed by the board. The order for an assessment shall be sent to the administrative office…

(a) General rule.--An individual required to register under section 9799.55(a.1) and (b) (relating to registration) may be exempt from the requirement to register, the requirement to verify residence, employment and enrollment in an educational institution, the requirement to app…

2000 Amendment. Section 9799.6 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.

(a) Quarterly verification by sexually violent predators.--The Pennsylvania State Police shall verify the residence and compliance with counseling as provided for in section 9799.70 (relating to counseling of sexually violent predators) of sexually violent predators every 90 days…

(a) Duty to inform victim.-- (1) Where the individual is determined to be a sexually violent predator by a court under section 9799.58 (relating to assessments), the local municipal police department or the Pennsylvania State Police where no municipal police jurisdiction exists s…

(a) Notice by municipality's chief law enforcement officer.--Notwithstanding any of the provisions of 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the chief law enforcement officer of the full-time or part-time police department of the municipality where a…

(a) Legislative findings.--It is hereby declared to be the finding of the General Assembly that public safety will be enhanced by making information about sexually violent predators, lifetime registrants and other sex offenders available to the public through the Internet and ele…

The Governor shall direct the Pennsylvania State Police, the Pennsylvania Parole Board, the board, the Department of Corrections, the Department of Transportation and any other agency of this Commonwealth the Governor deems necessary to collaboratively design, develop and impleme…

The Pennsylvania Parole Board, the Department of Corrections and county probation authorities may impose supervision conditions that include offender tracking through global positioning system technology. (June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, e…

The following entities shall be immune from liability for good faith conduct under this subchapter: (1) The Pennsylvania State Police and local law enforcement agencies and employees of law enforcement agencies. (2) District attorneys and their agents and employees. (3) Superinte…

The Pennsylvania State Police shall: (1) Create and maintain a State registry of offenders and sexually violent predators required to register under this subchapter. The registry shall be incorporated as part of the registry established under Subchapter H (relating to registratio…

The Department of Corrections 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 c…

(a) Composition.--The State Sexual Offenders Assessment Board shall be composed of psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders. (b) Appointment.--The Governor shall appoint the…

2012 Expiration. Section 9799.7 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

(a) Counseling required.--For the period of registration required by section 9799.55(b) (relating to registration), a sexually violent predator shall be required to attend at least monthly counseling sessions in a program approved by the board and be financially responsible for a…

Nothing in this subchapter shall be construed as imposing a duty upon a person or an employee of a person licensed under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, to disclose information regarding: (1) a sexually violent…

(a) Duties of Attorney General.--The Attorney General shall: (1) Conduct a performance audit annually to determine compliance with the requirements of this subchapter and guidelines promulgated under this subchapter. The audit shall, at a minimum, include a review of the practice…

An individual subject to section 9799.55 (relating to registration) shall submit to fingerprinting and photographing as required by this subchapter at approved registration sites. Fingerprinting as required by this subchapter shall, at a minimum, require submission of a full set …

Except for petitions filed under section 9799.59(a) (relating to exemptions from certain notifications), the Pennsylvania State Police shall have standing to appear and contest a filing in a court of this Commonwealth which seeks to challenge in any way the obligation of an indiv…

(a) Registration.--Nothing in this subchapter shall be construed to relieve an individual from the obligation to register with the Pennsylvania State Police under this subchapter if the individual: (1) committed a sexually violent offense within this Commonwealth or committed an …

2012 Expiration. Section 9799.8 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

2012 Expiration. Section 9799.9 expired December 20, 2012. See Act 111 of 2011. 2013 Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

This chapter shall be known and may be cited as the County Intermediate Punishment Act.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Board." A county prison board, in counties of the first and second class, the Criminal Justice Coordinating Commission …

County intermediate punishment programs shall be developed, implemented and operated for the following purposes: (1) To protect society and promote efficiency and economy in the delivery of corrections services. (2) To promote accountability of offenders to their local community.…

(a) Description.--County intermediate punishment programs are restrictive conditions of probation imposed under section 9763(c) or (d) (relating to conditions of probation), which may be subject to guidelines adopted under section 2154.1 (relating to adoption of guidelines for re…

(a) Duty of board.--To qualify for funding under this chapter, a board must develop a county intermediate punishment program plan to be submitted to the commission. (b) Joint judicial districts.--Where two counties comprise a joint judicial district, the counties may jointly subm…

(a) Requirement.--The board may develop a plan for the implementation and operation of intermediate punishment programs in the county. The plan shall provide for all of the following: (1) An assessment of available countywide correctional services and future needs. (2) A review o…