pennsylvania
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pennsylvania [2018/08/12 10:24] – brenda | pennsylvania [2022/07/17 14:10] (current) – [Pennsylvania Laws Regarding Registration] rkdbus | ||
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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? === | ||
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=== 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\\ |
+ | [[https:// | ||
[[http:// | [[http:// | ||
The specific statute defining a sexually violent delinquent child is: 42 PA C.S.A. §6402, §6403(a)(3).\\ | 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? === | ||
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[[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? === | ||
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[[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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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), | ||
- | [[http:// | + | [[https:// |
=== 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? === | ||
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[[http:// | [[http:// | ||
Regarding sexual offenses: PA Title 42 Chapter 97 - § 9718.2. Sentences for sexual offenders.\\ | 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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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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[[https:// | [[https:// | ||
Also [[http:// | 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: === | ||
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[[http:// | [[http:// | ||
New Persons Ministries: | New Persons Ministries: | ||
- | [[http:// | + | [[http:// |
+ | PARSOL Community Resources: | ||
+ | [[https:// | ||
=== Other helpful information === | === Other helpful information === |
pennsylvania.1534083891.txt.gz · Last modified: 2018/08/12 10:24 by brenda