pennsylvania
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pennsylvania [2018/07/22 18:30] – brenda | pennsylvania [2022/07/17 14:10] (current) – [Pennsylvania Laws Regarding Registration] rkdbus | ||
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+ | //While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws are often full of nuances and gaps. Legal challenges in some states have resulted in different registration requirements based on the year of conviction or first registration. **Users must accept all risks **associated with actions taken based on this information. **Please help us improve **by reporting any errors or omissions via our form at **[[https:// | ||
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+ | {{ : | ||
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===== Pennsylvania Laws Regarding Registration ===== | ===== Pennsylvania Laws Regarding Registration ===== | ||
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[[https:// | [[https:// | ||
Title 18, Chapter 31\\ | Title 18, Chapter 31\\ | ||
- | [[http:// | + | [[https:// |
- | § 3121 – 3131\\ | + | § 55.2\\ |
- | [[http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm? | + | [[https://www.pacode.com/secure/data/037/ |
=== What information must registrants provide? === | === What information must registrants provide? === | ||
- | § 56.3.(3) \\ | + | § 56.3.(3)\\ |
[[http:// | [[http:// | ||
=== How frequently must they register? And for how long? === | === How frequently must they register? And for how long? === | ||
- | Due to ex post facto court decision, two groupings.\\ | + | **<font inherit/ |
- | Those whose offenses occurred prior to 12/20/12 are either 10 years (offender) or lifetime (sexually violent predator). Quarterly for sexually violent predators, annually for offenders.\\ | + | Those whose offenses occurred |
42 PA C.S.A 9796 (a) and (b)\\ | 42 PA C.S.A 9796 (a) and (b)\\ | ||
42 PA C.S.A 9799.55(a) details 10-year registration\\ | 42 PA C.S.A 9799.55(a) details 10-year registration\\ | ||
- | [[http://www.linkneeded.com|Link needed.]]\\ | + | [[https://www.legis.state.pa.us/ |
- | Those whose offenses occurred on or after 12/20/12 are either Tier I (10-15 years reporting annually), Tier II (25 years reporting semi-annually), | + | |
+ | Those whose offenses occurred on or** after 12/20/12** are either Tier I (15 years reporting annually), Tier II (25 years reporting semi-annually), | ||
Regardless of registration period, those who are transient report monthly § 9799.25.a\\ | Regardless of registration period, those who are transient report monthly § 9799.25.a\\ | ||
- | [[http://www.palegislature.us/ | + | [[https://www.legis.state.pa.us/ |
+ | [[https:// | ||
This summarizes the breakdowns of levels for tiers I, II, and III:\\ | This summarizes the breakdowns of levels for tiers I, II, and III:\\ | ||
[[https:// | [[https:// | ||
+ | |||
+ | Due to recent lawsuits such as Commonwealth v Muniz (see [[http:// | ||
+ | |||
+ | === Does the state categorize registrants by levels/ | ||
+ | |||
+ | Yes. The tiers are: Tier 1, Tier 2, and Tier 3.\\ | ||
+ | § 9799.14\\ | ||
+ | [[https:// | ||
+ | |||
+ | === Does the state use risk assessment when assigning tiers or levels to registrants? | ||
+ | |||
+ | Pennsylvania uses a risk assessment to determine if the convicted person is a Sexually Violent Predator (SVP).\\ | ||
+ | § 9799.24\\ | ||
+ | [[https:// | ||
+ | Sexual Offenders Assessment Board\\ | ||
+ | [[https:// | ||
=== Do any registrants remain privately registered? If so, who? === | === Do any registrants remain privately registered? If so, who? === | ||
- | Apparently no private registration but juveniles not required to register at all unless designated a Sexually Violent Delinquent Child\\ | + | Apparently no private registration but juveniles not required to register at all unless designated a Sexually Violent Delinquent Child §6402\\ |
- | [[http:// | + | [[https:// |
- | The specific statute defining a sexually violent delinquent child is: | + | [[http:// |
- | 42 PA C.S.A. | + | The specific statute defining a sexually violent delinquent child is: 42 PA C.S.A. §6402, §6403(a)(3).\\ |
- | [[http://www.linkneeded.com|link needed.]] | + | [[https://www.legis.state.pa.us/ |
+ | |||
+ | === Is there a registration fee? === | ||
+ | |||
+ | No | ||
=== Are there special restrictions for registrants even after supervision? | === Are there special restrictions for registrants even after supervision? | ||
Anyone who is on Tier II or Tier III, even after supervision, | Anyone who is on Tier II or Tier III, even after supervision, | ||
- | [[http:// | + | [[https:// |
- | Public notification 42 PA. C.S.A. § 9798 \\ | + | Public notification 42 PA. C.S.A. § 9798\\ |
- | [[http:// | + | [[https:// |
- | [[http:// | + | [[https:// |
=== Is there a process for removal from the registry? If so, who qualifies and what is the process? === | === Is there a process for removal from the registry? If so, who qualifies and what is the process? === | ||
- | No standardized process. This is in flux due to recent litigation. | + | Removal for juveniles\\ |
+ | [[https:// | ||
+ | Removal for Subchapter H\\ | ||
+ | [[https:// | ||
+ | Removal for Subchapter I\\ | ||
+ | [[https:// | ||
=== What is the registration requirement for someone with a sexual offense who is visiting the state? === | === What is the registration requirement for someone with a sexual offense who is visiting the state? === | ||
Cannot find statute. This site says within 48 hours.\\ | Cannot find statute. This site says within 48 hours.\\ | ||
- | [[http:// | + | [[http:// |
This site says within three business days.\\ | This site says within three business days.\\ | ||
- | [[https:// | + | [[https:// |
- | \\ | + | |
42 PA C.S.A. Chapter 97 Subchapter “H” lists the definition of “temporary lodging” as seven or more days:\\ | 42 PA C.S.A. Chapter 97 Subchapter “H” lists the definition of “temporary lodging” as seven or more days:\\ | ||
- | [[http:// | + | [[https:// |
=== What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school? === | === What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school? === | ||
- | 42 Pa.C.S § 9799.32(1) says within 48 hours \\ | + | 42 Pa.C.S § 9799.32(1) says within 48 hours\\ |
[[http:// | [[http:// | ||
This site says within three business days.\\ | This site says within three business days.\\ | ||
- | [[https:// | + | [[https:// |
- | \\ | + | |
42 PA C.S.A. Chapter 97 Subchapter “H” also has a definition of " | 42 PA C.S.A. Chapter 97 Subchapter “H” also has a definition of " | ||
- | [[http:// | + | [[https:// |
===== State Laws Regarding Sexual Offenses and Offenders, other than registration ===== | ===== State Laws Regarding Sexual Offenses and Offenders, other than registration ===== | ||
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=== What sexual offenses can people be convicted of, and what are the ranges of sentences? === | === What sexual offenses can people be convicted of, and what are the ranges of sentences? === | ||
- | 18 Pa. C.S. §3121, 18 Pa. C.S. §3121(a)(1)-(5), | + | 18 Pa. C.S. §3121, 18 Pa. C.S. §3121(a)(1)-(5), |
- | (a)(1)-(6), 18 Pa. C.S. §3121 | + | [[https:// |
- | [[http:// | + | |
=== Does the state have lifetime supervision? | === Does the state have lifetime supervision? | ||
- | No. But it might be worth noting that those designated as SVP must attend counseling for lifetime. See Subchapters H & I.\\ | + | Yes. 42 PA C.S.A 9799.55(b)\\ |
- | [[http:// | + | [[https:// |
+ | 42 PA C.S.A.§ 9799.15(a)(3), | ||
+ | [[https:// | ||
+ | But it might be worth noting that those designated as SVP must attend counseling for lifetime.\\ | ||
+ | [[http:// | ||
=== Does the state have indeterminate sentencing? === | === Does the state have indeterminate sentencing? === | ||
An article/ | An article/ | ||
- | [[hhttp:// | + | [[http:// |
- | Regarding sexual offenses: PA Title 42 Chapter 97 - § 9718.2. | + | Regarding sexual offenses: PA Title 42 Chapter 97 - § 9718.2. Sentences for sexual offenders.\\ |
- | [[http:// | + | [[https:// |
PA’s Parole Board power is also described here: PA Title 61: 6137(a)\\ | PA’s Parole Board power is also described here: PA Title 61: 6137(a)\\ | ||
- | [[http:// | + | [[https:// |
=== What are the state civil commitment laws? === | === What are the state civil commitment laws? === | ||
- | C.S. §6402, §6403(a)(3) \\ | + | C.S. §6402, §6403(a)(3)\\ |
- | [[http:// | + | [[https:// |
=== What is the age of consent? === | === What is the age of consent? === | ||
Age 16; § 3122.1.(a)\\ | Age 16; § 3122.1.(a)\\ | ||
- | [[http:// | + | [[https:// |
=== Are there “Romeo and Juliet” laws or other laws specific to young people? === | === Are there “Romeo and Juliet” laws or other laws specific to young people? === | ||
Yes; § 3122.1.(a) and (b)\\ | Yes; § 3122.1.(a) and (b)\\ | ||
- | [[http:// | + | [[https:// |
- | + | ||
- | ===== ===== | + | |
===== Info for State Advocates ===== | ===== Info for State Advocates ===== | ||
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=== Are felons allowed to vote? If so, when is this right restored? === | === Are felons allowed to vote? If so, when is this right restored? === | ||
- | Yes; as soon as they are released from active incarceration. \\ | + | Yes; as soon as they are released from active incarceration.\\ |
- | [[http://pastatenaacp.org/voting/voting-with-a-criminal-conviction-in-pa-2016/ | + | [[https://www.cor.pa.gov/community-reentry/Pages/ |
+ | \\ | ||
This link to the PA parole board outlines who can vote:\\ | This link to the PA parole board outlines who can vote:\\ | ||
- | [[http:// | + | [[http:// |
+ | \\ | ||
+ | WHO CAN REGISTER AND VOTE? Pennsylvania Department of State\\ | ||
+ | [[https:// | ||
=== What does the state say about persons who are required to register? === | === What does the state say about persons who are required to register? === | ||
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There is none available on the legislature website. This article includes an infographic about how bills become law in PA:\\ | There is none available on the legislature website. This article includes an infographic about how bills become law in PA:\\ | ||
[[https:// | [[https:// | ||
- | Also www.pacapitol.com has some good resources: | + | Also [[http:// |
- | [[http:// | + | [[http:// |
=== How can I locate legislation regarding sexual offense issues? === | === How can I locate legislation regarding sexual offense issues? === | ||
On the PA legislature home page under ‘find legislation.’ Also on same page click ‘advanced search’ under the search window and enter a search term.\\ | On the PA legislature home page under ‘find legislation.’ Also on same page click ‘advanced search’ under the search window and enter a search term.\\ | ||
- | [[http:// | + | [[https:// |
=== Best keywords are: === | === Best keywords are: === | ||
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One can sign up for “follow a bill” and get regular updates on the progress of particular legislation.\\ | One can sign up for “follow a bill” and get regular updates on the progress of particular legislation.\\ | ||
- | [[http:// | + | [[https:// |
=== Most important legislative committees for our issues are: === | === Most important legislative committees for our issues are: === | ||
House Appropriations\\ | House Appropriations\\ | ||
- | [[http:// | + | [[https:// |
House Children and Youth\\ | House Children and Youth\\ | ||
- | [[http:// | + | [[https:// |
House Judiciary\\ | House Judiciary\\ | ||
- | [[http:// | + | [[https:// |
Senate Appropriations\\ | Senate Appropriations\\ | ||
- | [[http:// | + | [[https:// |
Senate Judiciary\\ | Senate Judiciary\\ | ||
- | [[http:// | + | [[https:// |
=== Contact info for state legislators can be found at: === | === Contact info for state legislators can be found at: === | ||
Senate\\ | Senate\\ | ||
- | [[http:// | + | [[https:// |
House\\ | House\\ | ||
- | [[http:// | + | [[https:// |
- | ===== ===== | ||
===== Other Useful State Information ===== | ===== Other Useful State Information ===== | ||
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=== Contact information for state registry office === | === Contact information for state registry office === | ||
+ | 1800 Elmerton Avenue\\ | ||
+ | Harrisburg, PA 17110\\ | ||
+ | P: 1.866.771.3170\\ | ||
[[https:// | [[https:// | ||
=== NARSOL state affiliate website or blog: === | === NARSOL state affiliate website or blog: === | ||
- | Coming soon! | + | [[https:// |
=== Other helpful state advocacy groups: === | === Other helpful state advocacy groups: === | ||
- | Defenders Association of Philadelphia: | + | Defenders Association of Philadelphia: |
[[http:// | [[http:// | ||
- | Keystone Center: \\ | + | Keystone Center:\\ |
[[https:// | [[https:// | ||
=== Other registrant-friendly state support groups: === | === Other registrant-friendly state support groups: === | ||
- | PA Prison Society \\ | + | PA Prison Society\\ |
[[http:// | [[http:// | ||
- | Glass House, Inc.: \\ | + | Glass House, Inc.:\\ |
[[http:// | [[http:// | ||
- | New Persons Ministries: \\ | + | New Persons Ministries: |
[[http:// | [[http:// | ||
+ | PARSOL Community Resources: | ||
+ | [[https:// | ||
+ | |||
=== Other helpful information === | === Other helpful information === | ||
- | [[http:// | + | [[http:// |
pennsylvania.1532298655.txt.gz · Last modified: 2018/07/22 18:30 by brenda