HB 631 — An Act amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sexual offenses, further providing for conduct relating to sex offenders and for general rule; in falsification and intimidation, further providing for the offense of failure to comply with registration requirements, defining the offense of failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements and imposing penalties; in proceedings prior to petition to adopt, further providing for grounds for involuntary termination and for definitions; in domestic and sexual violence victim address confidentiality, further providing for agency use of designated address; in sentencing, providing for a mandatory period of probation for certain sexual offenders and extensively revising registration of sexual offenders provisions; and making editorial changes.

(1) CONVICTED UNDER SECTION 3121 (RELATING TO RAPE), 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT), 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL INTERCOURSE), 3124.1 (RELATING TO SEXUAL ASSAULT), 3125 (RELATING TO AGGRAVATED INDECENT ASSAULT) OR 3126 (RELATING TO INDECENT ASSAULT);

OR (2) REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UNDER 42 PA.C.S.

CH.

97 SUBCH.

H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS);

MAY BE REQUIRED TO FORFEIT PROPERTY RIGHTS IN ANY PROPERTY OR ASSETS USED TO IMPLEMENT OR FACILITATE COMMISSION OF THE CRIME OR CRIMES OF WHICH THE PERSON HAS BEEN CONVICTED.

THE FORFEITURE SHALL BE CONDUCTED IN ACCORDANCE WITH 42 PA.C.S.

§§ 5803 (RELATING TO ASSET FORFEITURE), 5805 (RELATING TO FORFEITURE PROCEDURE), 5806 (RELATING TO MOTION FOR RETURN OF PROPERTY), 5807 (RELATING TO RESTRICTIONS ON USE), 5807.1 (RELATING TO PROHIBITION ON ADOPTIVE SEIZURES) AND 5808 (RELATING TO EXCEPTIONS).

SECTION 2.

SECTION 4915.1(A.2)(2), (B)(4), (C.1)(4), (C.3) AND (D) OF TITLE 18 ARE AMENDED, SUBSECTION (F) IS AMENDED BY ADDING A DEFINITION AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 4915.1.

FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS.

* * * 20170HB0631PN2992 - 3 - (A.2) COUNSELING.--THE FOLLOWING APPLY:

* * * (2) AN INDIVIDUAL WHO IS SUBJECT TO A COUNSELING REQUIREMENT UNDER A SEX OFFENDER REGISTRATION STATUTE FOLLOWING CONVICTION IN ANOTHER JURISDICTION WHERE THE REQUIREMENT IS BASED ON THE COMMITMENT OF AN OFFENSE ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS CONVICTED, COMMITS AN OFFENSE IF [HE] THE INDIVIDUAL KNOWINGLY FAILS TO COMPLY WITH 42 PA.C.S.

§ 9799.36.

(B) GRADING FOR SEXUAL OFFENDERS WHO MUST REGISTER FOR 15 YEARS OR WHO MUST REGISTER PURSUANT TO 42 PA.C.S.

§ 9799.13(7.1).-- * * * (4) FOR THE PURPOSES OF THIS SUBSECTION, AN INDIVIDUAL SHALL MEAN AN INDIVIDUAL THAT MEETS ANY OF THE FOLLOWING:

(I) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.13 AND IS REQUIRED TO REGISTER FOR A PERIOD OF 15 YEARS.

(II) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.13(7.1).

* * * (C.1) GRADING FOR SEXUAL OFFENDERS WHO ARE TRANSIENTS WHO MUST REGISTER FOR 15 YEARS.-- * * * (4) FOR THE PURPOSES OF THIS SUBSECTION, AN INDIVIDUAL SHALL MEAN AN INDIVIDUAL THAT MEETS ANY OF THE FOLLOWING:

(I) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.13 AND IS A TRANSIENT WHO MUST REGISTER FOR A PERIOD OF 15 YEARS.

(II) IS A SEXUAL OFFENDER SUBJECT TO REGISTRATION 20170HB0631PN2992 - 4 - UNDER 42 PA.C.S.

§ 9799.13(7.1) AND IS A TRANSIENT.

* * * (C.3) GRADING FOR FAILURE TO COMPLY WITH COUNSELING REQUIREMENTS.--AN INDIVIDUAL DESIGNATED AS A SEXUALLY VIOLENT PREDATOR OR SEXUALLY VIOLENT DELINQUENT CHILD OR AN INDIVIDUAL WHO IS SUBJECT TO A COUNSELING REQUIREMENT UNDER A SEX OFFENDER REGISTRATION STATUTE FOLLOWING CONVICTION OF A SEXUAL OFFENSE ON OR AFTER DECEMBER 20, 2012, IN ANOTHER JURISDICTION COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF THE INDIVIDUAL VIOLATES SUBSECTION (A.2).

(D) EFFECT OF NOTICE.--NEITHER FAILURE ON THE PART OF THE PENNSYLVANIA STATE POLICE TO SEND NOR FAILURE OF A SEXUALLY VIOLENT PREDATOR OR SEXUAL OFFENDER TO RECEIVE ANY NOTICE OR INFORMATION PURSUANT TO 42 PA.C.S.

§ 9799.25 SHALL BE A DEFENSE TO A PROSECUTION COMMENCED AGAINST AN INDIVIDUAL ARISING FROM A VIOLATION OF THIS SECTION.

THE PROVISIONS OF 42 PA.C.S.

§ 9799.25 ARE NOT AN ELEMENT OF AN OFFENSE UNDER THIS SECTION.

* * * (E.1) AFFIRMATIVE DEFENSE.--IT IS AN AFFIRMATIVE DEFENSE FOR A PROSECUTION UNDER THIS SECTION THAT THE INDIVIDUAL ACTED IN ACCORDANCE WITH A COURT ORDER UNDER 42 PA.C.S.

§ 9799.15(A.2) (RELATING TO PERIOD OF REGISTRATION).

(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"SEXUAL OFFENDER." THE TERM SHALL HAVE THE MEANING GIVEN TO IT IN 42 PA.C.S.

§ 9799.12 (RELATING TO DEFINITIONS).

* * * SECTION 3.

TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:

§ 4915.2.

FAILURE TO COMPLY WITH 42 PA.C.S.

CH.

97 SUBCH.

I 20170HB0631PN2992 - 5 - REGISTRATION REQUIREMENTS.

(A) OFFENSE DEFINED.--AN INDIVIDUAL WHO IS SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.55(A), (A.1) OR (B) (RELATING TO REGISTRATION) OR WHO WAS SUBJECT TO REGISTRATION UNDER FORMER 42 PA.C.S.

§ 9793 (RELATING TO REGISTRATION OF CERTAIN OFFENDERS FOR TEN YEARS) COMMITS AN OFFENSE IF THE INDIVIDUAL KNOWINGLY FAILS TO:

(1) REGISTER WITH THE PENNSYLVANIA STATE POLICE AS REQUIRED UNDER 42 PA.C.S.

§ 9799.56 (RELATING TO REGISTRATION PROCEDURES AND APPLICABILITY);

(2) VERIFY THE INDIVIDUAL'S RESIDENCE OR BE PHOTOGRAPHED AS REQUIRED UNDER 42 PA.C.S.

§ 9799.60 (RELATING TO VERIFICATION OF RESIDENCE);

OR (3) PROVIDE ACCURATE INFORMATION WHEN REGISTERING UNDER 42 PA.C.S.

§ 9799.56 OR VERIFYING A RESIDENCE UNDER 42 PA.C.S.

§ 9799.60.

(A.1) COUNSELING.--THE FOLLOWING APPLY:

(1) AN INDIVIDUAL WHO IS DESIGNATED AS A SEXUALLY VIOLENT PREDATOR COMMITS AN OFFENSE IF THE INDIVIDUAL KNOWINGLY FAILS TO COMPLY WITH 42 PA.C.S.

§ 9799.70 (RELATING TO COUNSELING OF SEXUALLY VIOLENT PREDATORS).

(2) AN INDIVIDUAL WHO IS SUBJECT TO A COUNSELING REQUIREMENT UNDER A SEX OFFENDER REGISTRATION STATUTE FOLLOWING CONVICTION IN ANOTHER JURISDICTION COMMITS AN OFFENSE IF THE INDIVIDUAL KNOWINGLY FAILS TO COMPLY WITH THAT REQUIREMENT, AS PROVIDED IN 42 PA.C.S.

§ 9799.56(B)(4)(I).

(B) GRADING FOR OFFENDERS WHO MUST REGISTER FOR 10 YEARS.-- (1) (RESERVED).

(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.55(A) OR 20170HB0631PN2992 - 6 - (A.1) OR FORMER 42 PA.C.S.

§ 9793 AND REQUIRED TO REGISTER FOR A PERIOD OF 10 YEARS WHO COMMITS A VIOLATION OF SUBSECTION (A)(1) OR (2) COMMITS A FELONY OF THE THIRD DEGREE.

(3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.55(A) OR (A.1) OR FORMER 42 PA.C.S.

§ 9793 AND REQUIRED TO REGISTER FOR A PERIOD OF 10 YEARS WHO COMMITS A VIOLATION OF SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A SIMILAR OFFENSE COMMITS A FELONY OF THE SECOND DEGREE.

(4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.55(A) OR (A.1) OR FORMER 42 PA.C.S.

§ 9793 AND REQUIRED TO REGISTER FOR A PERIOD OF 10 YEARS WHO VIOLATES SUBSECTION (A)(3) COMMITS A FELONY OF THE SECOND DEGREE.

(C) GRADING FOR SEXUALLY VIOLENT PREDATORS AND OTHERS WITH LIFETIME REGISTRATION.-- (1) (RESERVED).

(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.55(B) OR FORMER 42 PA.C.S.

§ 9793 AND WHO IS SUBJECT TO LIFETIME REGISTRATION WHO COMMITS A VIOLATION OF SUBSECTION (A)(1) OR (2) COMMITS A FELONY OF THE SECOND DEGREE.

(3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.55(B) OR FORMER 42 PA.C.S.

§ 9793 AND WHO IS SUBJECT TO LIFETIME REGISTRATION WHO COMMITS A VIOLATION OF SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A SIMILAR OFFENSE COMMITS A FELONY OF THE FIRST DEGREE.

(4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S.

§ 9799.55(B) OR FORMER 42 PA.C.S.

§ 9793 AND WHO IS 20170HB0631PN2992 - 7 - SUBJECT TO LIFETIME REGISTRATION WHO VIOLATES SUBSECTION (A) (3) COMMITS A FELONY OF THE FIRST DEGREE.

(C.1) GRADING FOR FAILURE TO COMPLY WITH COUNSELING REQUIREMENTS.--AN INDIVIDUAL DESIGNATED AS A SEXUALLY VIOLENT PREDATOR OR AN INDIVIDUAL WHO IS SUBJECT TO A COUNSELING REQUIREMENT UNDER A SEX OFFENDER REGISTRATION STATUTE FOLLOWING CONVICTION IN ANOTHER JURISDICTION WHO COMMITS A VIOLATION OF SUBSECTION (A.1) COMMITS A MISDEMEANOR OF THE FIRST DEGREE.

(D) EFFECT OF NOTICE.--NEITHER FAILURE ON THE PART OF THE PENNSYLVANIA STATE POLICE TO SEND NOR FAILURE OF A SEXUALLY VIOLENT PREDATOR OR OFFENDER TO RECEIVE A NOTICE OR INFORMATION UNDER 42 PA.C.S.

§ 9799.54(B) (RELATING TO APPLICABILITY) OR 9799.60(A.1), (B.1) OR (B.3) SHALL BE A DEFENSE TO A PROSECUTION COMMENCED AGAINST AN INDIVIDUAL ARISING FROM A VIOLATION OF THIS SECTION.

THE PROVISIONS OF 42 PA.C.S.

§§ 9799.54(B) AND 9799.60(A.1), (B.1) OR (B.3) ARE NOT AN ELEMENT OF AN OFFENSE UNDER THIS SECTION.

(E) ARRESTS FOR VIOLATION.-- (1) A POLICE OFFICER SHALL HAVE THE SAME RIGHT OF ARREST WITHOUT A WARRANT AS IN A FELONY WHENEVER THE POLICE OFFICER HAS PROBABLE CAUSE TO BELIEVE AN INDIVIDUAL HAS COMMITTED A VIOLATION OF THIS SECTION REGARDLESS OF WHETHER THE VIOLATION OCCURRED IN THE PRESENCE OF THE POLICE OFFICER.

(2) AN INDIVIDUAL ARRESTED FOR A VIOLATION OF THIS SECTION SHALL BE AFFORDED A PRELIMINARY ARRAIGNMENT BY THE PROPER ISSUING AUTHORITY WITHOUT UNNECESSARY DELAY.

IN NO CASE MAY THE INDIVIDUAL BE RELEASED FROM CUSTODY WITHOUT FIRST HAVING APPEARED BEFORE THE ISSUING AUTHORITY.

(3) PRIOR TO ADMITTING AN INDIVIDUAL ARRESTED FOR A VIOLATION OF THIS SECTION TO BAIL, THE ISSUING AUTHORITY 20170HB0631PN2992 - 8 - SHALL REQUIRE ALL OF THE FOLLOWING:

(I) THE INDIVIDUAL MUST BE FINGERPRINTED AND PHOTOGRAPHED IN THE MANNER REQUIRED BY 42 PA.C.S.

CH.

97 SUBCH.

I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS).

(II) THE INDIVIDUAL MUST PROVIDE THE PENNSYLVANIA STATE POLICE WITH ALL CURRENT OR INTENDED RESIDENCES, ALL INFORMATION CONCERNING CURRENT OR INTENDED EMPLOYMENT, INCLUDING ALL EMPLOYMENT LOCATIONS, AND ALL INFORMATION CONCERNING CURRENT OR INTENDED ENROLLMENT AS A STUDENT.

IF THE INDIVIDUAL HAS A RESIDENCE AS DEFINED IN PARAGRAPH (2) OF THE DEFINITION OF "RESIDENCE" SET FORTH IN 42 PA.C.S.

§ 9799.53 (RELATING TO DEFINITIONS), THE INDIVIDUAL MUST PROVIDE THE PENNSYLVANIA STATE POLICE WITH THE INFORMATION REQUIRED UNDER 42 PA.C.S.

§ 9799.56(A)(2)(I)(A), (B) AND (C).

(III) LAW ENFORCEMENT MUST MAKE REASONABLE ATTEMPTS TO VERIFY THE INFORMATION PROVIDED BY THE INDIVIDUAL.

(E.1) AFFIRMATIVE DEFENSE.--IT IS AN AFFIRMATIVE DEFENSE FOR ANY PROSECUTION UNDER THIS SECTION THAT THE INDIVIDUAL ACTED IN ACCORDANCE WITH A COURT ORDER UNDER SECTION 9799.59 (RELATING TO EXEMPTION FROM CERTAIN NOTIFICATIONS).

(F) APPLICABILITY.--THIS SECTION APPLIES TO:

(1) AN INDIVIDUAL WHO COMMITTED AN OFFENSE SET FORTH IN 42 PA.C.S.

§ 9799.55 ON OR AFTER APRIL 22, 1996, BUT BEFORE DECEMBER 20, 2012, AND WHOSE PERIOD OF REGISTRATION UNDER 42 PA.C.S.

§ 9799.55 HAS NOT EXPIRED.

(2) AN INDIVIDUAL WHO WAS REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UNDER A FORMER SEXUAL OFFENDER REGISTRATION LAW OF THIS COMMONWEALTH ON OR AFTER APRIL 22, 20170HB0631PN2992 - 9 - 1996, BUT BEFORE DECEMBER 20, 2012, WHOSE PERIOD OF REGISTRATION HAS NOT EXPIRED.

(3) AN INDIVIDUAL WHO, BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH:

(I) COMMITS AN OFFENSE SUBJECT TO 42 PA.C.S.

CH.

97 SUBCH.

H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS);

BUT (II) BECAUSE OF A JUDICIAL DETERMINATION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION OF THE INVALIDITY OF 42 PA.C.S.

CH.

97 SUBCH.

H, IS NOT SUBJECT TO REGISTRATION AS A SEXUAL OFFENDER.

(G) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"SEXUALLY VIOLENT PREDATOR." AS DEFINED IN 42 PA.C.S.

§ 9799.53.

"SIMILAR OFFENSE." AN OFFENSE SIMILAR TO AN OFFENSE UNDER EITHER SUBSECTION (A)(1) OR (2) UNDER THE LAWS OF THIS COMMONWEALTH, THE UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION.

SECTION 4.

SECTIONS 2511(A)(11), 6303(B.1)(8)(VII), 6338.1(C)(4) AND 6707 OF TITLE 23 ARE AMENDED TO READ:

§ 2511.

GROUNDS FOR INVOLUNTARY TERMINATION.

(A) GENERAL RULE.--THE RIGHTS OF A PARENT IN REGARD TO A CHILD MAY BE TERMINATED AFTER A PETITION FILED ON ANY OF THE FOLLOWING GROUNDS:

* * * (11) THE PARENT IS REQUIRED TO REGISTER AS A SEXUAL OFFENDER UNDER 42 PA.C.S.

CH.

97 SUBCH.

H (RELATING TO 20170HB0631PN2992 - 10 - REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS) OR TO REGISTER WITH A SEXUAL OFFENDER REGISTRY IN ANOTHER JURISDICTION OR FOREIGN COUNTRY.

* * * § 6303.

DEFINITIONS.

* * * (B.1) CHILD ABUSE.--THE TERM "CHILD ABUSE" SHALL MEAN INTENTIONALLY, KNOWINGLY OR RECKLESSLY DOING ANY OF THE FOLLOWING:

* * * (8) ENGAGING IN ANY OF THE FOLLOWING RECENT ACTS:

* * * (VII) LEAVING A CHILD UNSUPERVISED WITH AN INDIVIDUAL, OTHER THAN THE CHILD'S PARENT, WHO THE ACTOR KNOWS OR REASONABLY SHOULD HAVE KNOWN:

(A) IS REQUIRED TO REGISTER AS A TIER II OR TIER III SEXUAL OFFENDER UNDER 42 PA.C.S.

CH.

97 SUBCH.

H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS), WHERE THE VICTIM OF THE SEXUAL OFFENSE WAS UNDER 18 YEARS OF AGE WHEN THE CRIME WAS COMMITTED.

(B) HAS BEEN DETERMINED TO BE A SEXUALLY VIOLENT PREDATOR UNDER 42 PA.C.S.

§ 9799.24 (RELATING TO ASSESSMENTS) OR ANY OF ITS PREDECESSORS.

(C) HAS BEEN DETERMINED TO BE A SEXUALLY VIOLENT DELINQUENT CHILD AS DEFINED IN 42 PA.C.S.

§ 9799.12 (RELATING TO DEFINITIONS).

(D) HAS BEEN DETERMINED TO BE A SEXUALLY VIOLENT PREDATOR UNDER 42 PA.C.S.

§ 9799.58 (RELATING TO ASSESSMENTS) OR HAS TO REGISTER FOR LIFE UNDER 42 20170HB0631PN2992 - 11 - PA.C.S.

§ 9799.55(B) (RELATING TO REGISTRATION).

* * * § 6338.1.

EXPUNCTION OF INFORMATION OF PERPETRATOR WHO WAS UNDER 18 YEARS OF AGE WHEN CHILD ABUSE WAS COMMITTED.

* * * (C) NONAPPLICABILITY.--THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY OF THE FOLLOWING CASES:

* * * (4) [A SEXUAL OFFENDER, AS DEFINED IN 42 PA.C.S.

§ 9799.12, WHO MEETS ALL OF THE FOLLOWING:] AN INDIVIDUAL WHO:

(I) IS REQUIRED TO REGISTER UNDER 42 PA.C.S.

CH.

97 SUBCH.

H OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS) AS A RESULT OF A CRIMINAL CONVICTION FOR THE SAME ACTS WHICH RESULTED IN THE SEXUAL OFFENDER BEING NAMED A PERPETRATOR OF CHILD ABUSE.

(II) HAS NOT COMPLETED THE PERIOD OF REGISTRATION REQUIRED UNDER 42 PA.C.S.

[§ 9799.15 (RELATING TO PERIOD OF REGISTRATION)] SUBCH.

H OR I.

§ 6707.

AGENCY USE OF DESIGNATED ADDRESS.

STATE AND LOCAL GOVERNMENT AGENCIES SHALL ACCEPT THE SUBSTITUTE ADDRESS DESIGNATED ON A VALID PROGRAM PARTICIPATION CARD ISSUED TO THE PROGRAM PARTICIPANT BY THE OFFICE OF VICTIM ADVOCATE AS THE PROGRAM PARTICIPANT'S ADDRESS EXCEPT AS FOLLOWS:

(1) WHEN THE STATE OR LOCAL GOVERNMENT AGENCY HAS BEEN GRANTED A WAIVER PURSUANT TO SECTION 6709 (RELATING TO WAIVER PROCESS);

OR (2) WHEN THE PROGRAM PARTICIPANT IS ANY OF THE FOLLOWING:

(I) A RELEASED OFFENDER COMPLYING WITH STATE OR COUNTY PROBATION OR PAROLE REQUIREMENTS;

OR 20170HB0631PN2992 - 12 - (II) A CONVICTED SEXUAL OFFENDER WHO HAS FULFILLED THE OFFENDER'S SENTENCE BUT MUST REGISTER THE OFFENDER'S COMMUNITY RESIDENCE AS REQUIRED UNDER 42 PA.C.S.

CH.

97 SUBCH.

H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS) OR ANY SIMILAR REGISTRATION REQUIREMENT IMPOSED BY ANY OTHER JURISDICTION.

SECTION 5.

SECTION 9718.1(A) INTRODUCTORY PARAGRAPH OF TITLE 42 IS AMENDED TO READ:

§ 9718.1.

SEXUAL OFFENDER TREATMENT.

(A) GENERAL RULE.--A PERSON, INCLUDING AN OFFENDER DESIGNATED AS A "SEXUALLY VIOLENT PREDATOR" AS DEFINED IN SECTION 9799.12 (RELATING TO DEFINITIONS) OR 9799.53 (RELATING TO DEFINITIONS), SHALL ATTEND AND PARTICIPATE IN A DEPARTMENT OF CORRECTIONS PROGRAM OF COUNSELING OR THERAPY DESIGNED FOR INCARCERATED SEX OFFENDERS IF THE PERSON IS INCARCERATED IN A STATE INSTITUTION FOR ANY OF THE FOLLOWING PROVISIONS UNDER 18 PA.C.S.

(RELATING TO CRIMES AND OFFENSES):

* * * SECTION 5.1.

TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:

(b) Imposition.--The court may impose the term of probation 20170HB0631PN2992 - 13 - required under subsection (a) in addition to the maximum sentence permitted for the offense for which the defendant was convicted.

<--20170HB0631PN0668 SECTION- 5.2.2 -

SECTION 9799.10(4) OF TITLE 42 IS AMENDED TO <-- READ:

§ 9799.10.

PURPOSES OF SUBCHAPTER.

THIS SUBCHAPTER SHALL BE INTERPRETED AND CONSTRUED TO EFFECTUATE THE FOLLOWING PURPOSES:

* * * (4) TO REQUIRE INDIVIDUALS WHO ARE [CURRENTLY] SUBJECT TO THE CRIMINAL JUSTICE SYSTEM OF THIS COMMONWEALTH AS INMATES, SUPERVISED WITH RESPECT TO PROBATION OR PAROLE OR REGISTRANTS [UNDER THIS SUBCHAPTER] DUE TO COMMITTING A SEXUALLY VIOLENT OFFENSE ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS CONVICTED, TO REGISTER WITH THE PENNSYLVANIA STATE POLICE AND TO OTHERWISE COMPLY WITH THIS SUBCHAPTER.

TO THE EXTENT PRACTICABLE AND CONSISTENT WITH THE REQUIREMENTS OF THE ADAM WALSH CHILD PROTECTION AND SAFETY 20170HB0631PN2992 - 14 - ACT OF 2006, THIS SUBCHAPTER SHALL BE CONSTRUED TO MAINTAIN EXISTING PROCEDURES REGARDING REGISTRATION OF SEXUAL OFFENDERS WHO ARE SUBJECT TO THE CRIMINAL JUSTICE SYSTEM OF THIS COMMONWEALTH.

* * * SECTION 6.

SECTION 9799.11 HEADING OF TITLE 42 IS AMENDED, SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 9799.11.

LEGISLATIVE FINDINGS [AND], DECLARATION OF POLICY AND SCOPE.

* * * (B) DECLARATION OF POLICY.--THE GENERAL ASSEMBLY DECLARES AS FOLLOWS:

* * * (4) IT IS THE INTENTION OF THE GENERAL ASSEMBLY TO ADDRESS THE PENNSYLVANIA SUPREME COURT'S DECISION IN COMMONWEALTH V.

MUNIZ, 164 A.3D 1189 (PA.

2017) AND THE PENNSYLVANIA SUPERIOR COURT'S DECISION IN COMMONWEALTH V.

BUTLER (2017 WL3882445).

(C) SCOPE.--THIS SUBCHAPTER SHALL APPLY TO INDIVIDUALS WHO COMMITTED A SEXUALLY VIOLENT OFFENSE ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS CONVICTED.

SECTION 7.

THE DEFINITIONS OF "SEXUAL OFFENDER," "SEXUALLY VIOLENT DELINQUENT CHILD," "SEXUALLY VIOLENT OFFENSE," "SEXUALLY VIOLENT PREDATOR" AND "TRANSIENT" IN SECTION 9799.12 OF TITLE 42 ARE AMENDED TO READ:

§ 9799.12.

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:

20170HB0631PN2992 - 15 - * * * "SEXUAL OFFENDER." AN INDIVIDUAL [REQUIRED TO REGISTER UNDER THIS SUBCHAPTER.] WHO HAS COMMITTED A SEXUALLY VIOLENT OFFENSE.

THE TERM INCLUDES A SEXUALLY VIOLENT PREDATOR.

"SEXUALLY VIOLENT DELINQUENT CHILD." AS DEFINED IN SECTION 6402 (RELATING TO DEFINITIONS)[.] IF THE DETERMINATION AS A SEXUALLY VIOLENT DELINQUENT CHILD IS BASED ON AN ACT OF SEXUAL VIOLENCE, AS DEFINED IN SECTION 6402, COMMITTED ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE CHILD WAS ADJUDICATED DELINQUENT AND DETERMINED TO BE IN NEED OF COMMITMENT FOR INVOLUNTARY TREATMENT AS SPECIFIED IN CHAPTER 64 (RELATING TO COURT-ORDERED INVOLUNTARY TREATMENT OF CERTAIN SEXUALLY VIOLENT PERSONS).

"SEXUALLY VIOLENT OFFENSE." AN OFFENSE SPECIFIED IN SECTION 9799.14 (RELATING TO SEXUAL OFFENSES AND TIER SYSTEM) AS A TIER I, TIER II OR TIER III SEXUAL OFFENSE COMMITTED ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS CONVICTED.

"SEXUALLY VIOLENT PREDATOR." AN INDIVIDUAL [DETERMINED TO BE A SEXUALLY VIOLENT PREDATOR UNDER SECTION 9795.4 (RELATING TO ASSESSMENTS) PRIOR TO THE EFFECTIVE DATE OF THIS SUBCHAPTER OR AN INDIVIDUAL CONVICTED OF AN OFFENSE] WHO COMMITTED A SEXUALLY VIOLENT OFFENSE ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS CONVICTED, SPECIFIED IN:

(1) SECTION 9799.14(B)(1), (2), (3), (4), (5), (6), (8), (9) OR (10) (RELATING TO SEXUAL OFFENSES AND TIER SYSTEM) OR AN ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT ANY OFFENSE UNDER SECTION 9799.14(B)(1), (2), (3), (4), (5), (6), (8), (9) OR (10);

(2) SECTION 9799.14(C)(1), (1.1), (1.2), (1.3), (2), (3), (4), (5) OR (6) OR AN ATTEMPT, CONSPIRACY OR 20170HB0631PN2992 - 16 - SOLICITATION TO COMMIT AN OFFENSE UNDER SECTION 9799.14(C) (1), (1.1), (1.2), (1.3), (2), (3), (4), (5) OR (6);

OR (3) SECTION 9799.14(D)(1), (2), (3), (4), (5), (6), (7), (8) OR (9) OR AN ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT AN OFFENSE UNDER SECTION 9799.14(D)(1), (2), (3), (4), (5), (6), (7), (8) OR (9) WHO[, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBCHAPTER,] IS DETERMINED TO BE A SEXUALLY VIOLENT PREDATOR UNDER SECTION 9799.24 (RELATING TO ASSESSMENTS) DUE TO A MENTAL ABNORMALITY OR PERSONALITY DISORDER THAT MAKES THE INDIVIDUAL LIKELY TO ENGAGE IN PREDATORY SEXUALLY VIOLENT OFFENSES.

THE TERM INCLUDES AN INDIVIDUAL DETERMINED TO BE A SEXUALLY VIOLENT PREDATOR OR SIMILAR DESIGNATION WHERE THE DETERMINATION OCCURRED IN ANOTHER JURISDICTION, A FOREIGN COUNTRY OR BY COURT MARTIAL FOLLOWING A JUDICIAL OR ADMINISTRATIVE DETERMINATION PURSUANT TO A PROCESS SIMILAR TO THAT UNDER SECTION 9799.24[.

IN ADDITION, THE TERM SHALL INCLUDE ANY PERSON CONVICTED BETWEEN JANUARY 23, 2005, AND DECEMBER 19, 2012, OF ANY OFFENSE SET FORTH IN SECTION 9799.13(3.1) (RELATING TO APPLICABILITY) DETERMINED BY A COURT TO BE A SEXUALLY VIOLENT PREDATOR DUE TO A MENTAL ABNORMALITY OR PERSONALITY DISORDER THAT MADE THE PERSON LIKELY TO ENGAGE IN PREDATORY SEXUALLY VIOLENT OFFENSES, WHICH PERSON SHALL BE DEEMED A SEXUALLY VIOLENT PREDATOR UNDER THIS SUBCHAPTER.] WHERE THE DETERMINATION OR DESIGNATION IS BASED ON THE COMMITMENT OF A SEXUALLY VIOLENT OFFENSE ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS CONVICTED.

* * * "TRANSIENT." [AN INDIVIDUAL REQUIRED TO REGISTER UNDER THIS SUBCHAPTER] A SEXUAL OFFENDER WHO DOES NOT HAVE A RESIDENCE BUT NEVERTHELESS RESIDES IN THIS COMMONWEALTH IN A TEMPORARY HABITAT 20170HB0631PN2992 - 17 - OR OTHER TEMPORARY PLACE OF ABODE OR DWELLING, INCLUDING, BUT NOT LIMITED TO, A HOMELESS SHELTER OR PARK.

SECTION 8.

SECTION 9799.13 OF TITLE 42 IS AMENDED TO READ:

§ 9799.13.

APPLICABILITY.

THE FOLLOWING INDIVIDUALS SHALL REGISTER WITH THE PENNSYLVANIA STATE POLICE AS PROVIDED IN SECTIONS 9799.15 (RELATING TO PERIOD OF REGISTRATION), 9799.19 (RELATING TO INITIAL REGISTRATION) AND 9799.25 (RELATING TO VERIFICATION BY SEXUAL OFFENDERS AND PENNSYLVANIA STATE POLICE) AND OTHERWISE COMPLY WITH THE PROVISIONS OF THIS SUBCHAPTER:

(1) [AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS CONVICTED OF A SEXUALLY VIOLENT OFFENSE AND WHO HAS A RESIDENCE WITHIN THIS COMMONWEALTH OR IS A TRANSIENT.] A SEXUAL OFFENDER WHO HAS A RESIDENCE WITHIN THIS COMMONWEALTH OR IS A TRANSIENT.

(1.1) [AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS CONVICTED OF A SEXUALLY VIOLENT OFFENSE IN THIS COMMONWEALTH AND] A SEXUAL OFFENDER WHO IS CONVICTED IN THIS COMMONWEALTH AND WHO DOES NOT HAVE A RESIDENCE IN THIS COMMONWEALTH AND:

(I) IS EMPLOYED IN THIS COMMONWEALTH;

OR (II) IS A STUDENT IN THIS COMMONWEALTH.

(1.2) [AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS CONVICTED OF A SEXUALLY VIOLENT OFFENSE AND] A SEXUAL OFFENDER WHO DOES NOT HAVE A RESIDENCE WITHIN THIS COMMONWEALTH OR IS NOT A TRANSIENT IN THIS COMMONWEALTH AND:

(I) IS EMPLOYED IN THIS COMMONWEALTH;

OR (II) IS A STUDENT IN THIS COMMONWEALTH.

(2) [AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE 20170HB0631PN2992 - 18 - OF THIS SECTION, IS, AS A RESULT OF A CONVICTION FOR A SEXUALLY VIOLENT OFFENSE,] A SEXUAL OFFENDER WHO IS AN INMATE IN A STATE OR COUNTY CORRECTIONAL INSTITUTION OF THIS COMMONWEALTH, INCLUDING A COMMUNITY CORRECTIONS CENTER OR A COMMUNITY CONTRACT FACILITY, IS BEING SUPERVISED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE OR COUNTY PROBATION OR PAROLE, IS SUBJECT TO A SENTENCE OF INTERMEDIATE PUNISHMENT OR HAS SUPERVISION TRANSFERRED PURSUANT TO THE INTERSTATE COMPACT FOR ADULT SUPERVISION IN ACCORDANCE WITH SECTION 9799.19(G).

(2.1) [AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS, AS A RESULT OF A CONVICTION FOR A SEXUALLY VIOLENT OFFENSE,] A SEXUAL OFFENDER WHO IS AN INMATE IN A FEDERAL CORRECTIONAL INSTITUTION OR IS SUPERVISED BY FEDERAL PROBATION AUTHORITIES AND WHO:

(I) HAS A RESIDENCE WITHIN THIS COMMONWEALTH OR IS A TRANSIENT;

(II) IS EMPLOYED WITHIN THIS COMMONWEALTH;

OR (III) IS A STUDENT WITHIN THIS COMMONWEALTH.

[(3) AN INDIVIDUAL WHO:

(I) WAS REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE PURSUANT TO THIS SUBCHAPTER PRIOR TO DECEMBER 20, 2012, AND WHO HAD NOT FULFILLED THE INDIVIDUAL'S PERIOD OF REGISTRATION AS OF DECEMBER 20, 2012;

OR (II) WAS REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE PURSUANT TO THIS SUBCHAPTER PRIOR TO DECEMBER 20, 2012, AND DID NOT REGISTER.

(3.1) THE FOLLOWING:

(I) AN INDIVIDUAL WHO BETWEEN JANUARY 23, 2005, AND 20170HB0631PN2992 - 19 - DECEMBER 19, 2012, WAS:

(A) CONVICTED OF A SEXUALLY VIOLENT OFFENSE;

(B) RELEASED FROM A PERIOD OF INCARCERATION RESULTING FROM A CONVICTION FOR A SEXUALLY VIOLENT OFFENSE;

OR (C) UNDER THE SUPERVISION OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE OR COUNTY PROBATION OR PAROLE AS A RESULT OF A CONVICTION FOR A SEXUALLY VIOLENT OFFENSE.

(II) FOR PURPOSES OF THIS PARAGRAPH, THE TERM "SEXUALLY VIOLENT OFFENSE" SHALL HAVE THE MEANING SET FORTH IN SECTION 9799.12 (RELATING TO DEFINITIONS), EXCEPT THAT IT SHALL NOT INCLUDE:

(A) CONVICTIONS:

(I) UNDER THE FOLLOWING PROVISIONS OF 18 PA.C.S.

(RELATING TO CRIMES AND OFFENSES):

SECTION 2902(B) (RELATING TO UNLAWFUL RESTRAINT).

SECTION 2903(B) (RELATING TO FALSE IMPRISONMENT).

SECTION 2904 (RELATING TO INTERFERENCE WITH CUSTODY OF CHILDREN).

SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).

SECTION 6301 (RELATING TO CORRUPTION OF MINORS).

SECTION 7507.1 (RELATING TO INVASION OF PRIVACY).

(II) FOR A COMPARABLE MILITARY OFFENSE OR SIMILAR OFFENSE UNDER THE LAWS OF ANOTHER 20170HB0631PN2992 - 20 - JURISDICTION OR FOREIGN COUNTRY OR UNDER A FORMER LAW OF THIS COMMONWEALTH PRIOR TO DECEMBER 8, 2008.

(B) A CONVICTION UNDER 18 PA.C.S.

§ 3126 (RELATING TO INDECENT ASSAULT) WHERE THE CRIME IS GRADED AS A MISDEMEANOR OF THE SECOND DEGREE OR WHERE THE CONVICTION OCCURRED BETWEEN JANUARY 22, 2006, AND JANUARY 1, 2007, WHEN THE CRIME IS GRADED AS A FELONY OF THE THIRD DEGREE.

(3.2) AN INDIVIDUAL WHO BETWEEN DECEMBER 8, 2008, AND DECEMBER 19, 2012, WAS:

(I) CONVICTED OF CONSPIRACY OR SOLICITATION TO COMMIT A SEXUALLY VIOLENT OFFENSE AS DEFINED IN PARAGRAPH (3.1);

(II) RELEASED FROM SERVING A PERIOD OF INCARCERATION RESULTING FROM A CONVICTION FOR CONSPIRACY OR SOLICITATION TO COMMIT A SEXUALLY VIOLENT OFFENSE AS DEFINED IN PARAGRAPH (3.1);

OR (III) UNDER THE SUPERVISION OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE OR COUNTY PROBATION OR PAROLE AS A RESULT OF A CONVICTION FOR CONSPIRACY OR SOLICITATION TO COMMIT A SEXUALLY VIOLENT OFFENSE AS DEFINED IN PARAGRAPH (3.1).] (7) [AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS] A SEXUAL OFFENDER REQUIRED TO REGISTER IN A SEXUAL OFFENDER REGISTRY IN ANOTHER JURISDICTION OR IN A FOREIGN COUNTRY BASED UPON A CONVICTION FOR A SEXUALLY VIOLENT OFFENSE OR UNDER A SEXUAL OFFENDER STATUTE IN THE JURISDICTION WHERE THE INDIVIDUAL IS CONVICTED AND:

(I) HAS A RESIDENCE IN THIS COMMONWEALTH OR IS A 20170HB0631PN2992 - 21 - TRANSIENT;

(II) IS EMPLOYED WITHIN THIS COMMONWEALTH;

OR (III) IS A STUDENT WITHIN THIS COMMONWEALTH.

(7.1) AN INDIVIDUAL WHO, [ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,] AS A RESULT OF COMMITTING AN OFFENSE SET FORTH IN SECTION 9799.14(B)(23) (RELATING TO SEXUAL OFFENSES AND TIER SYSTEM) ON OR AFTER DECEMBER 20, 2012, FOR WHICH THE INDIVIDUAL WAS CONVICTED, IS REQUIRED TO REGISTER IN A SEXUAL OFFENDER REGISTRY IN ANOTHER JURISDICTION OR FOREIGN COUNTRY [BASED UPON A CONVICTION OF AN OFFENSE SET FORTH IN SECTION 9799.14(B)(23) (RELATING TO SEXUAL OFFENSES AND TIER SYSTEM)] AND:

(I) HAS A RESIDENCE IN THIS COMMONWEALTH OR IS A TRANSIENT;

(II) IS EMPLOYED WITHIN THIS COMMONWEALTH;

OR (III) IS A STUDENT WITHIN THIS COMMONWEALTH.

(7.2) [AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH,] A SEXUAL OFFENDER WHO IS CONVICTED [OF A SEXUALLY VIOLENT OFFENSE] IN ANOTHER JURISDICTION OR FOREIGN COUNTRY, OR IS INCARCERATED OR UNDER SUPERVISION AS A RESULT OF A CONVICTION [FOR A SEXUALLY VIOLENT OFFENSE] IN ANOTHER JURISDICTION OR FOREIGN COUNTRY AND:

(I) HAS A RESIDENCE IN THIS COMMONWEALTH OR IS A TRANSIENT;

(II) IS EMPLOYED WITHIN THIS COMMONWEALTH;

OR (III) IS A STUDENT WITHIN THIS COMMONWEALTH.

(8) AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS A JUVENILE OFFENDER WHO WAS ADJUDICATED DELINQUENT WITHIN THIS COMMONWEALTH OR WAS ADJUDICATED DELINQUENT IN ANOTHER JURISDICTION OR A FOREIGN COUNTRY AND:

20170HB0631PN2992 - 22 - (I) HAS A RESIDENCE WITHIN THIS COMMONWEALTH;

(II) IS EMPLOYED WITHIN THIS COMMONWEALTH;

OR (III) IS A STUDENT WITHIN THIS COMMONWEALTH.

(8.1) AN INDIVIDUAL WHO IS A JUVENILE OFFENDER WHO IS ADJUDICATED DELINQUENT IN THIS COMMONWEALTH ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH BUT WHO DOES NOT HAVE A RESIDENCE WITHIN THIS COMMONWEALTH, IS NOT A TRANSIENT, IS NOT EMPLOYED IN THIS COMMONWEALTH OR IS NOT A STUDENT WITHIN THIS COMMONWEALTH MUST REGISTER WITH THE PENNSYLVANIA STATE POLICE IN ACCORDANCE WITH SECTION 9799.19 PRIOR TO LEAVING THIS COMMONWEALTH.

(8.2) AN INDIVIDUAL WHO BETWEEN JANUARY 23, 2005, AND DECEMBER 19, 2012, ESTABLISHED A RESIDENCE OR WAS A TRANSIENT IN THIS COMMONWEALTH, WAS EMPLOYED WITHIN THIS COMMONWEALTH, OR WAS A STUDENT IN THIS COMMONWEALTH, AND WHO WAS REQUIRED TO REGISTER IN A SEXUAL OFFENDER REGISTRY AS A RESULT OF AN ADJUDICATION OF DELINQUENCY FOR AN OFFENSE WHICH OCCURRED IN A FOREIGN COUNTRY OR ANOTHER JURISDICTION AND THAT REQUIRED THE INDIVIDUAL TO REGISTER IN THAT FOREIGN COUNTRY OR OTHER JURISDICTION.

(9) AN INDIVIDUAL WHO[, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,] IS A SEXUALLY VIOLENT DELINQUENT CHILD.

[WHO IS COMMITTED FOR INVOLUNTARY TREATMENT OR, ON THE EFFECTIVE DATE OF THIS SECTION, IS UNDER COMMITMENT RECEIVING INVOLUNTARY TREATMENT IN THE STATE-OWNED FACILITY OR UNIT AS SET FORTH IN CHAPTER 64 (RELATING TO COURT-ORDERED INVOLUNTARY TREATMENT OF CERTAIN SEXUALLY VIOLENT PERSONS).] SECTION 9.

SECTION 9799.14(B)(3) OF TITLE 42 IS AMENDED AND SUBSECTION (D) IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 9799.14.

SEXUAL OFFENSES AND TIER SYSTEM.

20170HB0631PN2992 - 23 - * * * (B) TIER I SEXUAL OFFENSES.--THE FOLLOWING OFFENSES SHALL BE CLASSIFIED AS TIER I SEXUAL OFFENSES:

* * * (3) 18 PA.C.S.

§ 2904 (RELATING TO INTERFERENCE WITH CUSTODY OF CHILDREN), EXCEPT IN CASES WHERE THE DEFENDANT IS THE CHILD'S PARENT, GUARDIAN OR OTHER LAWFUL CUSTODIAN.

* * * (D) TIER III SEXUAL OFFENSES.--THE FOLLOWING OFFENSES SHALL BE CLASSIFIED AS TIER III SEXUAL OFFENSES:

* * * (17) ONE CONVICTION OF A SEXUALLY VIOLENT OFFENSE AND ONE CONVICTION OF A SEXUALLY VIOLENT OFFENSES AS DEFINED IN SECTION 9799.55 (RELATING TO REGISTRATION).

SECTION 10.

SECTION 9799.15(A.1) AND (B)(1)(I) AND (IV) OF TITLE 42 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 9799.15.

PERIOD OF REGISTRATION.

* * * [(A.1) CREDIT FOR TIME ON REGISTRY.--THE FOLLOWING APPLY:

(1) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER THIS SUBCHAPTER SHALL RECEIVE CREDIT FOR ANY TIME REGISTERED WITH THE PENNSYLVANIA STATE POLICE PRIOR TO DECEMBER 20, 2012.

(2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER THIS SUBCHAPTER SHALL REGISTER WITH THE PENNSYLVANIA STATE POLICE FOR THE PERIOD OF TIME SET FORTH IN SUBSECTION (A), EXCEPT THAT:

(I) AN INDIVIDUAL REGISTERED PURSUANT TO SECTION 9799.13(2), (2.1), (3), (3.1) OR (3.2) FOR A SEXUALLY VIOLENT OFFENSE SHALL REGISTER FOR THE PERIOD SET FORTH 20170HB0631PN2992 - 24 - IN SUBSECTION (A), LESS ANY CREDIT FOR TIME SPENT REGISTERED PURSUANT TO THIS SUBCHAPTER FOR THAT OFFENSE PRIOR TO DECEMBER 20, 2012.

(II) AN INDIVIDUAL REGISTERED PURSUANT TO SECTION 9799.13(7), (7.1) OR (7.2) FOR A SEXUALLY VIOLENT OFFENSE SHALL REGISTER FOR THE PERIOD SET FORTH IN SUBSECTION (A), LESS ANY CREDIT AS A RESULT OF TIME REGISTERED IN A SEXUAL OFFENDER REGISTRY FOR THAT SEXUALLY VIOLENT OFFENSE IN THE FOREIGN COUNTRY OR OTHER JURISDICTION WHERE THE INDIVIDUAL WAS CONVICTED.

(III) AN INDIVIDUAL REGISTERED PURSUANT TO SECTION 9799.13(8), (8.1) OR (8.2) AS A RESULT OF AN ADJUDICATION OF DELINQUENCY OCCURRING IN A FOREIGN COUNTRY OR OTHER JURISDICTION SHALL REGISTER FOR THE PERIOD SET FORTH IN SUBSECTION (A), LESS ANY CREDIT AS A RESULT OF TIME REGISTERED IN A SEXUAL OFFENDER REGISTRY IN THE FOREIGN COUNTRY OR OTHER JURISDICTION WHERE THE INDIVIDUAL WAS ADJUDICATED DELINQUENT.] (A.2) ASSESSMENT BY COURT AFTER 25 YEARS.--AN INDIVIDUAL REQUIRED TO REGISTER UNDER SUBSECTION (A)(3),(5), (6) AND (7) MAY BE EXEMPT FROM THE REQUIREMENT TO REGISTER, THE REQUIREMENT TO VERIFY RESIDENCE, EMPLOYMENT AND ENROLLMENT IN AN EDUCATIONAL INSTITUTION, THE REQUIREMENT TO APPEAR ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITE MAINTAINED BY THE PENNSYLVANIA STATE POLICE AND ALL OTHER REQUIREMENTS OF THIS SUBCHAPTER IF:

(1) SUBJECT TO SUBSECTION (C), AT LEAST 25 YEARS HAVE ELAPSED PRIOR TO FILING A PETITION WITH THE SENTENCING COURT TO BE EXEMPT FROM THE REQUIREMENTS OF THIS SUBCHAPTER, DURING WHICH TIME THE PETITIONER HAS NOT BEEN CONVICTED IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION OR FOREIGN COUNTRY OF 20170HB0631PN2992 - 25 - AN OFFENSE PUNISHABLE BY IMPRISONMENT OF MORE THAN ONE YEAR, OR THE PETITIONER'S RELEASE FROM CUSTODY FOLLOWING THE PETITIONER'S MOST RECENT CONVICTION FOR AN OFFENSE, WHICHEVER IS LATER.

(2) UPON RECEIPT OF A PETITION FILED UNDER PARAGRAPH (1), THE SENTENCING COURT SHALL ENTER AN ORDER DIRECTING THAT THE PETITIONER BE ASSESSED BY THE BOARD.

UPON RECEIPT FROM THE COURT OF AN ORDER FOR AN ASSESSMENT UNDER THIS SUBSECTION, A MEMBER OF THE BOARD DESIGNATED BY THE ADMINISTRATIVE OFFICER OF THE BOARD SHALL CONDUCT AN ASSESSMENT OF THE PETITIONER TO DETERMINE IF THE RELIEF SOUGHT, IF GRANTED, IS LIKELY TO POSE A THREAT TO THE SAFETY OF ANY OTHER PERSON.

THE BOARD SHALL ESTABLISH STANDARDS FOR EVALUATIONS AND FOR EVALUATORS CONDUCTING ASSESSMENTS.

(3) THE ORDER FOR AN ASSESSMENT UNDER THIS SUBSECTION SHALL BE SENT TO THE ADMINISTRATIVE OFFICER OF THE BOARD WITHIN 10 DAYS OF THE ENTRY.

NO LATER THAN 90 DAYS FOLLOWING RECEIPT OF THE ORDER, THE BOARD SHALL SUBMIT A WRITTEN REPORT CONTAINING THE BOARD'S ASSESSMENT TO THE SENTENCING COURT, THE DISTRICT ATTORNEY AND THE ATTORNEY FOR THE PETITIONER.

(4) WITHIN 120 DAYS OF FILING THE PETITION UNDER PARAGRAPH (1), THE SENTENCING COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO EXEMPT THE PETITIONER FROM THE APPLICATION OF ANY OR ALL OF THE REQUIREMENTS OF THIS SUBCHAPTER.

THE PETITIONER AND THE DISTRICT ATTORNEY SHALL BE GIVEN NOTICE OF THE HEARING AND AN OPPORTUNITY TO BE HEARD, THE RIGHT TO CALL WITNESSES AND THE RIGHT TO CROSS-EXAMINE WITNESSES.

THE PETITIONER SHALL HAVE THE RIGHT TO COUNSEL AND TO HAVE A LAWYER APPOINTED TO REPRESENT THE PETITIONER IF THE PETITIONER CANNOT AFFORD ONE.

20170HB0631PN2992 - 26 - (5) THE SENTENCING COURT SHALL EXEMPT THE PETITIONER FROM APPLICATION OF ANY OR ALL OF THE REQUIREMENTS OF THIS SUBCHAPTER, AT THE DISCRETION OF THE COURT, ONLY UPON A FINDING OF CLEAR AND CONVINCING EVIDENCE THAT EXEMPTING THE SEXUAL OFFENDER FROM A PARTICULAR REQUIREMENT OR ALL OF THE REQUIREMENTS OF THIS SUBCHAPTER IS NOT LIKELY TO POSE A THREAT TO THE SAFETY OF ANY OTHER PERSON.

(6) A COURT GRANTING RELIEF UNDER THIS SUBSECTION SHALL NOTIFY THE PENNSYLVANIA STATE POLICE IN WRITING WITHIN 10 DAYS FROM THE DATE THE RELIEF IS GRANTED.

IF A MEMORANDUM OF UNDERSTANDING HAS BEEN ENTERED INTO UNDER SECTION 9799.26 (RELATING TO VICTIM NOTIFICATION) WITH RESPECT TO RELIEF GRANTED TO THE PETITIONER, THE PENNSYLVANIA STATE POLICE SHALL TRANSMIT THE INFORMATION ABOUT THE RELIEF TO THE OFFICE OF VICTIM ADVOCATE AS SOON AS IS PRACTICABLE.

THE OFFICE OF VICTIM ADVOCATE SHALL NOTIFY THE VICTIM OF THE RELIEF, IN ACCORDANCE WITH THE MEMORANDUM OF UNDERSTANDING, AS DESCRIBED IN SECTION 9799.26.

(7) THE PETITIONER AND THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTIONS OF THE SENTENCING COURT UNDER THIS SUBSECTION.

AN APPEAL BY THE COMMONWEALTH SHALL STAY THE ORDER OF THE SENTENCING COURT.

(8) THE PETITIONER MAY FILE AN ADDITIONAL PETITION WITH THE SENTENCING COURT NO SOONER THAN FIVE YEARS FROM THE DATE OF THE FINAL DETERMINATION OF A COURT REGARDING THE PETITION AND NO SOONER THAN EVERY FIVE YEARS THEREAFTER.

(9) IF THE PETITIONER IS EXEMPT FROM ANY PROVISIONS OF THIS SUBCHAPTER AND THE PETITIONER IS SUBSEQUENTLY CONVICTED UNDER 18 PA.C.S.

§ 4915.1 (RELATING TO FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS), RELIEF GRANTED UNDER THIS 20170HB0631PN2992 - 27 - SUBSECTION SHALL BE VOID AND THE PETITIONER SHALL AUTOMATICALLY AND IMMEDIATELY AGAIN BE SUBJECT TO THE PROVISIONS OF THIS SUBCHAPTER, AS PREVIOUSLY DETERMINED BY THIS SUBCHAPTER.

(A.3) AGENCY COOPERATION.--ALL STATE, COUNTY AND LOCAL AGENCIES, OFFICES AND ENTITIES IN THIS COMMONWEALTH, INCLUDING JUVENILE PROBATION OFFICERS, SHALL COOPERATE BY PROVIDING ACCESS TO RECORDS AND INFORMATION AS REQUESTED BY THE BOARD IN CONNECTION WITH THE COURT-ORDERED ASSESSMENT UNDER SUBSECTION (A.2).

(B) COMMENCEMENT OF REGISTRATION.--THE FOLLOWING APPLY:

(1) THE PERIOD OF REGISTRATION SET FORTH IN SUBSECTION (A) SHALL COMMENCE AS FOLLOWS:

(I) FOR AN INDIVIDUAL [CONVICTED OF] WHO COMMITTED A SEXUALLY VIOLENT OFFENSE IN THIS COMMONWEALTH, THE PERIOD OF REGISTRATION SHALL COMMENCE UPON:

(A) RELEASE FROM INCARCERATION IN A STATE OR COUNTY CORRECTIONAL FACILITY, INCLUDING RELEASE TO A COMMUNITY CORRECTION CENTER OR COMMUNITY CONTRACT FACILITY;

(B) PAROLE OR A SENTENCE OF PROBATION;

OR (C) A SENTENCE OF STATE OR COUNTY INTERMEDIATE PUNISHMENT IN WHICH THE PERSON IS NOT SENTENCED TO A PERIOD OF INCARCERATION.

* * * (IV) FOR AN INDIVIDUAL WHO [IS CONVICTED OF] COMMITTED A SEXUALLY VIOLENT OFFENSE IN ANOTHER JURISDICTION OR FOREIGN COUNTRY OR A COMPARABLE MILITARY OFFENSE, THE PERIOD OF REGISTRATION SHALL COMMENCE UPON ESTABLISHMENT OF A RESIDENCE OR COMMENCEMENT OF 20170HB0631PN2992 - 28 - EMPLOYMENT OR ENROLLMENT AS A STUDENT WITHIN THIS COMMONWEALTH.

THIS SUBPARAGRAPH SHALL APPLY TO AN INDIVIDUAL CONVICTED OF A SEXUALLY VIOLENT OFFENSE IN ANOTHER JURISDICTION OR FOREIGN COUNTRY OR COMPARABLE MILITARY OFFENSE AND WHO IS A TRANSIENT.

* * * SECTION 11.

SECTION 9799.16(A) OF TITLE 42 IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 9799.16.

REGISTRY.

(A) ESTABLISHMENT.--THERE IS ESTABLISHED A STATEWIDE REGISTRY OF SEXUAL OFFENDERS IN ORDER TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER.

THE PENNSYLVANIA STATE POLICE SHALL CREATE AND MAINTAIN THE REGISTRY.

THE REGISTRY SHALL MAINTAIN A COMPLETE AND SYSTEMATIC INDEX OF ALL RECORDS REQUIRED REGARDING SEXUAL OFFENDERS IN ORDER TO COMPLY WITH THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (PUBLIC LAW 109- 248, 120 STAT.

587).

THE REGISTRY SHALL:

(1) BE COMPOSED OF AN ELECTRONIC DATABASE AND DIGITIZED RECORDS.

(2) BE ABLE TO COMMUNICATE WITH THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT EXCHANGE PORTAL DEVELOPED BY THE UNITED STATES DEPARTMENT OF JUSTICE, THE NATIONAL SEX OFFENDER REGISTRY OR ANY SUCCESSOR DATABASE WHICH IS MAINTAINED BY THE DEPARTMENT OF JUSTICE AND THE DRU SJODIN NATIONAL SEX OFFENDER PUBLIC INTERNET WEBSITE MAINTAINED BY THE DEPARTMENT OF JUSTICE.

(3) BE ABLE TO COMMUNICATE WITH SEXUAL OFFENDER REGISTRIES ESTABLISHED IN OTHER JURISDICTIONS.

(4) CONTAIN INFORMATION ABOUT INDIVIDUALS REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UNDER SUBCHAPTER 20170HB0631PN2992 - 29 - I (RELATING TO CONTINUED REGISTRATION OF SEXUAL OFFENDERS) * * * SECTION 12.

SECTION 9799.19(B), (B.1), (C), (D), (E), (E.1), (E.2), (F), (G), (I)(3) AND (J) OF TITLE 42 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 9799.19.

INITIAL REGISTRATION.

* * * [(B) INITIAL REGISTRATION IF INCARCERATED WITHIN COMMONWEALTH OR BY FEDERAL COURT ON EFFECTIVE DATE OF SECTION.-- THE FOLLOWING APPLY:

(1) IF THE INDIVIDUAL IS, PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, INCARCERATED IN A FEDERAL, STATE OR COUNTY CORRECTIONAL FACILITY, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) (RELATING TO REGISTRY) TO THE APPROPRIATE OFFICIAL OF THE FEDERAL, STATE OR COUNTY CORRECTIONAL FACILITY OR THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE FOR INCLUSION IN THE REGISTRY BEFORE BEING RELEASED DUE TO:

(I) THE EXPIRATION OF SENTENCE, IN WHICH CASE THE INFORMATION SHALL BE COLLECTED NO LATER THAN TEN DAYS PRIOR TO THE MAXIMUM EXPIRATION DATE;

(II) PAROLE;

(III) STATE OR COUNTY INTERMEDIATE PUNISHMENT WHERE THE SENTENCE IS RESTRICTIVE AND THE INDIVIDUAL IS SENTENCED TO A PERIOD OF INCARCERATION IN A STATE OR COUNTY CORRECTIONAL INSTITUTION OR A WORK RELEASE FACILITY;

OR (IV) SPECIAL PROBATION SUPERVISED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE.

(2) FOR INDIVIDUALS SET FORTH IN PARAGRAPH (1), THE 20170HB0631PN2992 - 30 - APPROPRIATE OFFICIAL OF THE FEDERAL, STATE OR COUNTY CORRECTIONAL FACILITY OR THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL COLLECT AND FORWARD THE INFORMATION IN SECTION 9799.16(B) TO THE PENNSYLVANIA STATE POLICE.

THE APPROPRIATE OFFICIAL SHALL, IN ADDITION, ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(C) IS COLLECTED AND FORWARDED TO THE PENNSYLVANIA STATE POLICE.

THE INFORMATION IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

WITH RESPECT TO INDIVIDUALS RELEASED UNDER PARAGRAPH (1)(II), (III) OR (IV), THE STATE OR COUNTY CORRECTIONAL FACILITY SHALL NOT RELEASE THE INDIVIDUAL UNTIL IT RECEIVES VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT IT HAS RECEIVED THE INFORMATION SET FORTH IN SECTION 9799.16(B) AND (C).

VERIFICATION MAY TAKE PLACE BY ELECTRONIC MEANS.

WITH RESPECT TO INDIVIDUALS RELEASED UNDER PARAGRAPH (1)(I), IF THE INDIVIDUAL REFUSES TO PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B), THE STATE OR COUNTY CORRECTIONAL INSTITUTION SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OR THE MUNICIPAL POLICE DEPARTMENT WITH JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE THE INFORMATION AND OF THE EXPECTED DATE, TIME AND LOCATION OF THE RELEASE OF THE INDIVIDUAL.

(B.1) INITIAL REGISTRATION IF SENTENCED TO A COUNTY OR STATE CORRECTIONAL FACILITY ON OR AFTER THE EFFECTIVE DATE OF SECTION.--IF THE INDIVIDUAL IS, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, SENTENCED TO A PERIOD OF INCARCERATION IN A COUNTY OR STATE CORRECTIONAL FACILITY, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) AS FOLLOWS:

(1) AT THE TIME OF SENTENCING, THE COURT SHALL REQUIRE 20170HB0631PN2992 - 31 - THE INDIVIDUAL TO IMMEDIATELY REPORT TO THE OFFICE OF PROBATION AND PAROLE SERVING THAT COUNTY TO REGISTER UNDER THIS SUBCHAPTER.

THE APPROPRIATE OFFICE OF PROBATION AND PAROLE SHALL COLLECT THE INFORMATION SET FORTH IN SECTION 9799.16(B) FROM THE INDIVIDUAL AND FORWARD THE INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE APPROPRIATE OFFICE OF PROBATION AND PAROLE SHALL, IN ADDITION, ENSURE THE INFORMATION SET FORTH IN 9799.16(C) IS COLLECTED AND FORWARDED TO THE PENNSYLVANIA STATE POLICE.

THE INFORMATION IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

(2) IF THE INDIVIDUAL IS INCARCERATED IN A STATE CORRECTIONAL FACILITY OR COUNTY CORRECTIONAL FACILITY, THE CORRECTIONAL FACILITY SHALL NOTIFY THE PENNSYLVANIA STATE POLICE, NOT MORE THAN 30 DAYS IN ADVANCE OF, BUT NOT LATER THAN TEN DAYS PRIOR TO, THE INDIVIDUAL'S RELEASE FROM THE CORRECTIONAL FACILITY.

THE FOLLOWING APPLY:

(I) THE CORRECTIONAL FACILITY SHALL ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(B) AND (C) FOR THE INDIVIDUAL HAS BEEN SUBMITTED TO THE PENNSYLVANIA STATE POLICE.

(II) IF THE INFORMATION HAS NOT BEEN SUBMITTED TO THE PENNSYLVANIA STATE POLICE, THE CORRECTIONAL FACILITY SHALL COLLECT THE INFORMATION SET FORTH IN SECTION 9799.16(B) FROM THE INDIVIDUAL AND FORWARD THE INFORMATION TO THE PENNSYLVANIA STATE POLICE.

(III) THE CORRECTIONAL FACILITY SHALL ALSO REPORT ANY CHANGES TO THE INFORMATION SET FORTH IN SECTION 9799.16(B) AND (C) ON FILE WITH THE PENNSYLVANIA STATE POLICE.

20170HB0631PN2992 - 32 - (IV) IN THE CASE OF PAROLE, STATE OR COUNTY INTERMEDIATE PUNISHMENT WHERE THE SENTENCE IS RESTRICTIVE AND THE INDIVIDUAL IS SENTENCED TO A PERIOD OF INCARCERATION IN A STATE OR COUNTY CORRECTIONAL INSTITUTION OR WORK RELEASE FACILITY OR SPECIAL PROBATION SUPERVISED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE CORRECTIONAL FACILITY MAY NOT RELEASE THE INDIVIDUAL UNTIL THE CORRECTIONAL FACILITY RECEIVES VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT THE PENNSYLVANIA STATE POLICE HAS RECEIVED THE INFORMATION SET FORTH IN SECTION 9799.16(B) AND (C).

VERIFICATION BY THE PENNSYLVANIA STATE POLICE MAY OCCUR BY ELECTRONIC MEANS.

(V) IF THE INDIVIDUAL IS SCHEDULED TO BE RELEASED FROM A STATE OR COUNTY CORRECTIONAL INSTITUTION DUE TO THE EXPIRATION OF SENTENCE AND THE INDIVIDUAL REFUSES TO PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B), THE STATE OR COUNTY CORRECTIONAL INSTITUTION SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OR THE MUNICIPAL POLICE DEPARTMENT WITH JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE THE INFORMATION AND OF THE EXPECTED DATE, TIME AND LOCATION OF THE RELEASE OF THE INDIVIDUAL.

(C) INITIAL REGISTRATION IF SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT ON EFFECTIVE DATE OF SECTION.--IF THE INDIVIDUAL IS, ON THE EFFECTIVE DATE OF THIS SECTION, SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT WHICH IS RESTORATIVE WHERE THE INDIVIDUAL IS NOT SENTENCED TO INCARCERATION OR TO A WORK RELEASE FACILITY, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF THE EFFECTIVE DATE OF THIS 20170HB0631PN2992 - 33 - SECTION.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS SET FORTH IN THIS SUBSECTION.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SET FORTH IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(D) INITIAL REGISTRATION IF SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT AFTER EFFECTIVE DATE OF SECTION.--IF THE INDIVIDUAL IS, AFTER THE EFFECTIVE DATE OF THIS SECTION, SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT, THE FOLLOWING APPLY:

(1) IF THE INDIVIDUAL IS SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT WHICH IS RESTORATIVE, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF BEING SENTENCED.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS SET FORTH IN THIS PARAGRAPH.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SET FORTH IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(2) IF THE INDIVIDUAL IS SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT WHICH IS RESTRICTIVE WHERE THE INDIVIDUAL IS NOT SENTENCED TO INCARCERATION OR TO A WORK RELEASE FACILITY, THE INDIVIDUAL SHALL PROVIDE THE 20170HB0631PN2992 - 34 - INFORMATION SET FORTH IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF BEING SENTENCED.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS SET FORTH IN THIS PARAGRAPH.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SET FORTH IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(E) INITIAL REGISTRATION IF SENTENCED TO COUNTY PROBATION ON OR AFTER EFFECTIVE DATE OF SECTION.--IF THE INDIVIDUAL IS, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, SENTENCED TO COUNTY PROBATION, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF BEING SENTENCED.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS SET FORTH IN THIS PARAGRAPH.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SET FORTH IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(E.1) INITIAL REGISTRATION FOR COUNTY OR FEDERAL PROBATIONERS ON THE EFFECTIVE DATE OF THIS SECTION.-- (1) IF THE INDIVIDUAL IS, ON THE EFFECTIVE DATE OF THIS SECTION, ALREADY SERVING A SENTENCE OF COUNTY PROBATION, THE 20170HB0631PN2992 - 35 - APPROPRIATE OFFICE OF PROBATION AND PAROLE SERVING THE COUNTY SHALL REGISTER THE INDIVIDUAL WITHIN 48 HOURS.

THE APPROPRIATE OFFICIAL OF THAT OFFICE SHALL COLLECT THE INFORMATION SET FORTH IN SECTION 9799.16(B) AND FORWARD THAT INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(C) IS COLLECTED.

THE INFORMATION IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

IF THE INDIVIDUAL FAILS TO COMPLY, THE APPROPRIATE OFFICIAL OF THAT OFFICE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

(2) IF THE INDIVIDUAL IS, ON THE EFFECTIVE DATE OF THIS SECTION, ALREADY UNDER THE SUPERVISION OF FEDERAL PROBATION AUTHORITIES FOR A SEXUALLY VIOLENT OFFENSE, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF THE EFFECTIVE DATE OF THIS SECTION.

(E.2) INITIAL REGISTRATION FOR COUNTY OR STATE PAROLEES ON THE EFFECTIVE DATE OF THIS SECTION.-- (1) IF THE INDIVIDUAL IS, ON THE EFFECTIVE DATE OF THIS SECTION, ALREADY SERVING A SENTENCE OF COUNTY PAROLE, THE APPROPRIATE OFFICE OF PROBATION AND PAROLE SERVING THE COUNTY SHALL REGISTER THE INDIVIDUAL WITHIN 48 HOURS.

THE APPROPRIATE OFFICIAL OF THAT OFFICE SHALL COLLECT THE INFORMATION SET FORTH IN SECTION 9799.16(B) AND FORWARD THAT INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(C) IS COLLECTED.

THE INFORMATION IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

IF THE INDIVIDUAL FAILS TO COMPLY, THE APPROPRIATE 20170HB0631PN2992 - 36 - OFFICIAL OF THAT OFFICE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

(2) IF THE INDIVIDUAL IS, ON THE EFFECTIVE DATE OF THIS SECTION, ALREADY SERVING A SENTENCE OF STATE PAROLE, THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL REGISTER THE INDIVIDUAL WITHIN 48 HOURS.

THE APPROPRIATE OFFICIAL OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL COLLECT THE INFORMATION SET FORTH IN SECTION 9799.16(B) FROM THE INDIVIDUAL AND FORWARD THE INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(C) IS COLLECTED.

THE INFORMATION IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

IF THE INDIVIDUAL FAILS TO COMPLY, THE APPROPRIATE OFFICIAL OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.] (F) INITIAL REGISTRATION IF BEING SUPERVISED BY COMMONWEALTH UNDER INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION.--IF AN INDIVIDUAL IS IN THIS COMMONWEALTH AND IS BEING SUPERVISED BY THE STATE BOARD OF PROBATION AND PAROLE OR THE COUNTY OFFICE OF PROBATION AND PAROLE PURSUANT TO THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION, THE FOLLOWING APPLY:

(1) IF THE INDIVIDUAL IS BEING SUPERVISED UNDER THE COMPACT [AFTER THE EFFECTIVE DATE OF THIS SECTION,] FOR COMMITTING A SEXUALLY VIOLENT OFFENSE WHICH REQUIRES REGISTRATION IN ANOTHER JURISDICTION OR FOREIGN COUNTRY WHETHER OR NOT THE SEXUAL OFFENSE IS DESIGNATED AS A SEXUALLY VIOLENT OFFENSE, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) TO THE APPROPRIATE OFFICIAL 20170HB0631PN2992 - 37 - OF THE STATE BOARD OF PROBATION AND PAROLE OR THE COUNTY OFFICE OF PROBATION AND PAROLE FOR INCLUSION IN THE REGISTRY.

THE APPROPRIATE OFFICIAL SHALL COLLECT THE INFORMATION SET FORTH IN SECTION 9799.16(B) AND FORWARD THE INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE APPROPRIATE OFFICIAL SHALL, IN ADDITION, ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(C) IS COLLECTED AND FORWARDED TO THE PENNSYLVANIA STATE POLICE.

IF THE INDIVIDUAL FAILS TO PROVIDE THE INFORMATION IN SECTION 9799.16(B), THE APPROPRIATE OFFICIAL OF THE STATE BOARD OF PROBATION AND PAROLE OR COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

[(2) IF THE INDIVIDUAL IS BEING SUPERVISED UNDER THE COMPACT ON THE EFFECTIVE DATE OF THIS SECTION, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF THE EFFECTIVE DATE OF THIS SECTION.

THE APPROPRIATE OFFICIAL OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE OR THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS SET FORTH IN THIS PARAGRAPH.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE APPROPRIATE OFFICIAL SHALL, IN ADDITION, ENSURE THE INFORMATION SET FORTH IN SECTION 9799.16(C) IS COLLECTED AND FORWARDED TO THE PENNSYLVANIA STATE POLICE.] (G) SUPERVISION OF INDIVIDUAL CONVICTED IN COMMONWEALTH WHO DOES NOT INTEND TO RESIDE IN COMMONWEALTH.--[ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, AN INDIVIDUAL CONVICTED OF] AN INDIVIDUAL WHO COMMITTED A SEXUALLY VIOLENT OFFENSE WITHIN THIS 20170HB0631PN2992 - 38 - COMMONWEALTH WHO SEEKS TRANSFER OF SUPERVISION TO ANOTHER JURISDICTION PURSUANT TO THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION SHALL NOT HAVE SUPERVISION TRANSFERRED TO ANOTHER JURISDICTION PRIOR TO THE INDIVIDUAL'S REGISTRATION WITH THE PENNSYLVANIA STATE POLICE AS SET FORTH IN THIS SECTION.

* * * (I) INITIAL REGISTRATION IF CONVICTED OR ADJUDICATED DELINQUENT OUTSIDE COMMONWEALTH.-- * * * (3) IF THE INDIVIDUAL IS[, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,] CONVICTED OF A SEXUALLY VIOLENT OFFENSE AND INCARCERATED IN A FEDERAL CORRECTIONAL INSTITUTION OR BEING SUPERVISED BY FEDERAL PROBATION AUTHORITIES, THE INDIVIDUAL SHALL APPEAR IN PERSON AT AN APPROVED REGISTRATION SITE TO PROVIDE THE INFORMATION SET FORTH IN SECTION 9799.16(B) TO THE PENNSYLVANIA STATE POLICE WITHIN THREE BUSINESS DAYS OF ESTABLISHING RESIDENCE, COMMENCING EMPLOYMENT OR COMMENCING ENROLLMENT AS A STUDENT IN THIS COMMONWEALTH.

IN ADDITION, THE INDIVIDUAL SHALL COMPLY WITH OTHER PROVISIONS OF THIS SUBCHAPTER, INCLUDING SECTION 9799.15.

IF THE INDIVIDUAL FAILS TO ESTABLISH A RESIDENCE BUT NEVERTHELESS RESIDES IN THIS COMMONWEALTH, THE INDIVIDUAL SHALL REGISTER AS A TRANSIENT.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED INTO THE REGISTRY.

[(J) FORMER LAW AND REGISTRATION.--AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION 9799.13(3) SHALL APPEAR AT AN APPROVED REGISTRATION SITE TO UPDATE REGISTRATION OR, IF NECESSARY, TO PROVIDE THE INFORMATION SET FORTH IN SECTION 20170HB0631PN2992 - 39 - 9799.16(B) TO THE PENNSYLVANIA STATE POLICE WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS SECTION.

IN ADDITION, THE INDIVIDUAL SHALL COMPLY WITH THE OTHER PROVISIONS OF THIS SUBCHAPTER, INCLUDING SECTION 9799.15.

IF THE INDIVIDUAL FAILS TO ESTABLISH A RESIDENCE, THE INDIVIDUAL SHALL REGISTER AS A TRANSIENT.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SET FORTH IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.] (K) REGISTRATION IF INCARCERATED WITHIN COMMONWEALTH OR BY FEDERAL COURT.--THE FOLLOWING APPLY TO AN INDIVIDUAL WHO COMMITTED A SEXUALLY VIOLENT OFFENSE:

(1) IF THE INDIVIDUAL IS INCARCERATED IN A FEDERAL, STATE OR COUNTY CORRECTIONAL FACILITY, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B) (RELATING TO REGISTRY) TO THE APPROPRIATE OFFICIAL OF THE FEDERAL, STATE OR COUNTY CORRECTIONAL FACILITY OR THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE FOR INCLUSION IN THE REGISTRY BEFORE BEING RELEASED DUE TO:

(I) THE EXPIRATION OF SENTENCE, IN WHICH CASE THE INFORMATION SHALL BE COLLECTED NO LATER THAN 10 DAYS PRIOR TO THE MAXIMUM EXPIRATION DATE;

(II) PAROLE;

(III) STATE OR COUNTY INTERMEDIATE PUNISHMENT WHERE THE SENTENCE IS RESTRICTIVE AND THE INDIVIDUAL IS SENTENCED TO A PERIOD OF INCARCERATION IN A STATE OR COUNTY CORRECTIONAL FACILITY OR A WORK RELEASE FACILITY;

OR (IV) SPECIAL PROBATION SUPERVISED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE.

(2) FOR INDIVIDUALS DESCRIBED IN PARAGRAPH (1), THE 20170HB0631PN2992 - 40 - APPROPRIATE OFFICIAL OF THE FEDERAL, STATE OR COUNTY CORRECTIONAL FACILITY OR THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL COLLECT AND FORWARD THE INFORMATION IN SECTION 9799.16(B) TO THE PENNSYLVANIA STATE POLICE.

THE APPROPRIATE OFFICIAL SHALL, IN ADDITION, ENSURE THAT THE INFORMATION SPECIFIED IN SECTION 9799.16(C) IS COLLECTED AND FORWARDED TO THE PENNSYLVANIA STATE POLICE.

THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

WITH RESPECT TO INDIVIDUALS RELEASED UNDER PARAGRAPH (1)(II), (III) OR (IV), THE STATE OR COUNTY CORRECTIONAL FACILITY SHALL NOT RELEASE THE INDIVIDUAL UNTIL THE STATE OR COUNTY CORRECTIONAL FACILITY RECEIVES VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT THE PENNSYLVANIA STATE POLICE HAS RECEIVED THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C).

VERIFICATION MAY TAKE PLACE BY ELECTRONIC MEANS.

WITH RESPECT TO INDIVIDUALS RELEASED UNDER PARAGRAPH (1)(I), IF THE INDIVIDUAL REFUSES TO PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B), THE STATE OR COUNTY CORRECTIONAL FACILITY SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OR THE MUNICIPAL POLICE DEPARTMENT WITH JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE THE INFORMATION AND OF THE EXPECTED DATE, TIME AND LOCATION OF THE RELEASE OF THE INDIVIDUAL.

(L) REGISTRATION IF SENTENCED TO A STATE OR COUNTY CORRECTIONAL FACILITY.--IF THE INDIVIDUAL COMMITTED A SEXUALLY VIOLENT OFFENSE AND IS SENTENCED TO A PERIOD OF INCARCERATION IN A STATE OR COUNTY CORRECTIONAL FACILITY, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AS FOLLOWS:

(1) AT THE TIME OF SENTENCING, THE COURT SHALL REQUIRE 20170HB0631PN2992 - 41 - THE INDIVIDUAL TO IMMEDIATELY REPORT TO THE OFFICE OF PROBATION AND PAROLE SERVING THAT COUNTY TO REGISTER UNDER THIS SUBCHAPTER.

THE APPROPRIATE OFFICE OF PROBATION AND PAROLE SHALL COLLECT THE INFORMATION SPECIFIED IN SECTION 9799.16(B) FROM THE INDIVIDUAL AND FORWARD THE INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE APPROPRIATE OFFICE OF PROBATION AND PAROLE SHALL, IN ADDITION, ENSURE THE INFORMATION SPECIFIED IN SECTION 9799.16(C) IS COLLECTED AND FORWARDED TO THE PENNSYLVANIA STATE POLICE.

THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

(2) IF THE INDIVIDUAL IS INCARCERATED IN A STATE OR COUNTY CORRECTIONAL FACILITY, THE CORRECTIONAL FACILITY SHALL NOTIFY THE PENNSYLVANIA STATE POLICE, NOT MORE THAN 30 DAYS IN ADVANCE OF, BUT NOT LATER THAN 10 DAYS PRIOR TO, THE INDIVIDUAL'S RELEASE FROM THE CORRECTIONAL FACILITY.

THE FOLLOWING APPLY:

(I) THE CORRECTIONAL FACILITY SHALL ENSURE THAT THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C) FOR THE INDIVIDUAL HAS BEEN SUBMITTED TO THE PENNSYLVANIA STATE POLICE.

(II) IF THE INFORMATION HAS NOT BEEN SUBMITTED TO THE PENNSYLVANIA STATE POLICE, THE CORRECTIONAL FACILITY SHALL COLLECT THE INFORMATION SPECIFIED IN SECTION 9799.16(B) FROM THE INDIVIDUAL AND FORWARD THE INFORMATION TO THE PENNSYLVANIA STATE POLICE.

(III) THE CORRECTIONAL FACILITY SHALL ALSO REPORT ANY CHANGES TO THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C) ON FILE WITH THE PENNSYLVANIA STATE POLICE.

20170HB0631PN2992 - 42 - (IV) IN THE CASE OF PAROLE, STATE OR COUNTY INTERMEDIATE PUNISHMENT WHERE THE SENTENCE IS RESTRICTIVE AND THE INDIVIDUAL IS SENTENCED TO A PERIOD OF INCARCERATION IN A STATE OR COUNTY CORRECTIONAL FACILITY OR WORK RELEASE FACILITY OR SPECIAL PROBATION SUPERVISED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE CORRECTIONAL FACILITY MAY NOT RELEASE THE INDIVIDUAL UNTIL THE CORRECTIONAL FACILITY RECEIVES VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT THE PENNSYLVANIA STATE POLICE HAS RECEIVED THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C).

VERIFICATION BY THE PENNSYLVANIA STATE POLICE MAY OCCUR BY ELECTRONIC MEANS.

(V) IF THE INDIVIDUAL IS SCHEDULED TO BE RELEASED FROM A STATE OR COUNTY CORRECTIONAL FACILITY DUE TO THE EXPIRATION OF SENTENCE AND THE INDIVIDUAL REFUSES TO PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B), THE STATE OR COUNTY CORRECTIONAL FACILITY SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OR THE MUNICIPAL POLICE DEPARTMENT WITH JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE THE INFORMATION AND OF THE EXPECTED DATE, TIME AND LOCATION OF THE RELEASE OF THE INDIVIDUAL.

(M) REGISTRATION IF SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT.--IF THE INDIVIDUAL COMMITTED A SEXUALLY VIOLENT OFFENSE AND IS SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT WHICH IS RESTORATIVE WHERE THE INDIVIDUAL IS NOT SENTENCED TO INCARCERATION OR TO A WORK RELEASE FACILITY, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF BEING SENTENCED.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE 20170HB0631PN2992 - 43 - OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS DESCRIBED IN THIS SUBSECTION.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SPECIFIED IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(N) REGISTRATION IF SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT.--IF THE INDIVIDUAL COMMITTED A SEXUALLY VIOLENT OFFENSE AND IS SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT, THE FOLLOWING APPLY:

(1) IF THE INDIVIDUAL IS SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT WHICH IS RESTORATIVE, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF BEING SENTENCED.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS SPECIFIED IN THIS PARAGRAPH.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SPECIFIED IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(2) IF THE INDIVIDUAL IS SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT WHICH IS RESTRICTIVE WHERE THE INDIVIDUAL IS NOT SENTENCED TO INCARCERATION OR TO A WORK RELEASE FACILITY, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B) BY APPEARING AT 20170HB0631PN2992 - 44 - AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF BEING SENTENCED.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS DESCRIBED IN THIS PARAGRAPH.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SPECIFIED IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(O) REGISTRATION IF SENTENCED TO COUNTY PROBATION.--IF THE INDIVIDUAL COMMITTED A SEXUALLY VIOLENT OFFENSE AND IS SENTENCED TO COUNTY PROBATION, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF BEING SENTENCED.

THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL ENSURE THAT THE INDIVIDUAL HAS APPEARED AT AN APPROVED REGISTRATION SITE AS DESCRIBED IN THIS SUBSECTION.

IF THE INDIVIDUAL FAILS TO APPEAR, THE APPROPRIATE OFFICIAL OF THE COUNTY OFFICE OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THE INFORMATION SPECIFIED IN SECTION 9799.16(C) WITH RESPECT TO THE INDIVIDUAL IS COLLECTED AND ENTERED IN THE REGISTRY.

(P) REGISTRATION FOR COUNTY OR FEDERAL PROBATIONERS.--IF THE INDIVIDUAL COMMITTED A SEXUALLY VIOLENT OFFENSE, THE FOLLOWING APPLY:

(1) IF THE INDIVIDUAL IS SERVING A SENTENCE OF COUNTY PROBATION, THE APPROPRIATE OFFICE OF PROBATION AND PAROLE SERVING THE COUNTY SHALL REGISTER THE INDIVIDUAL WITHIN 48 20170HB0631PN2992 - 45 - HOURS.

THE APPROPRIATE OFFICIAL OF THAT OFFICE SHALL COLLECT THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND FORWARD THAT INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SPECIFIED IN SECTION 9799.16(C) IS COLLECTED.

THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

IF THE INDIVIDUAL FAILS TO COMPLY, THE APPROPRIATE OFFICIAL OF THAT OFFICE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

(2) IF THE INDIVIDUAL IS UNDER THE SUPERVISION OF FEDERAL PROBATION AUTHORITIES FOR A SEXUALLY VIOLENT OFFENSE, THE INDIVIDUAL SHALL PROVIDE THE INFORMATION SPECIFIED IN SECTION 9799.16(B) BY APPEARING AT AN APPROVED REGISTRATION SITE WITHIN 48 HOURS OF THE EFFECTIVE DATE OF THIS SECTION.

(Q) REGISTRATION FOR STATE OR COUNTY PAROLEES.-- (1) IF THE INDIVIDUAL COMMITTED A SEXUALLY VIOLENT OFFENSE AND IS SERVING A SENTENCE OF COUNTY PAROLE, THE APPROPRIATE OFFICE OF PROBATION AND PAROLE SERVING THE COUNTY SHALL REGISTER THE INDIVIDUAL WITHIN 48 HOURS.

THE APPROPRIATE OFFICIAL OF THAT OFFICE SHALL COLLECT THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND FORWARD THAT INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SPECIFIED IN SECTION 9799.16(C) IS COLLECTED.

THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

IF THE INDIVIDUAL FAILS TO COMPLY, THE APPROPRIATE OFFICIAL OF THAT OFFICE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

(2) IF THE INDIVIDUAL COMMITTED A SEXUALLY VIOLENT OFFENSE AND IS SERVING A SENTENCE OF STATE PAROLE, THE 20170HB0631PN2992 - 46 - PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL REGISTER THE INDIVIDUAL WITHIN 48 HOURS.

THE APPROPRIATE OFFICIAL OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL COLLECT THE INFORMATION SPECIFIED IN SECTION 9799.16(B) FROM THE INDIVIDUAL AND FORWARD THE INFORMATION TO THE PENNSYLVANIA STATE POLICE.

THE PENNSYLVANIA STATE POLICE SHALL ENSURE THAT THE INFORMATION SPECIFIED IN SECTION 9799.16(C) IS COLLECTED.

THE INFORMATION SPECIFIED IN SECTION 9799.16(B) AND (C) SHALL BE INCLUDED IN THE REGISTRY.

IF THE INDIVIDUAL FAILS TO COMPLY, THE APPROPRIATE OFFICIAL OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL NOTIFY THE PENNSYLVANIA STATE POLICE.

SECTION 13.

SECTION 9799.23(B)(2) OF TITLE 42 IS AMENDED TO READ: