PRINTER'S NO. 1398
No. 1221 Session of 1999
INTRODUCED BY ORIE, FLEAGLE, FICHTER, S. H. SMITH, MASLAND,
CAWLEY, RUBLEY, PRESTON, READSHAW, KENNEY, ZUG, SEYFERT,
GEIST, STEVENSON, COY, LEH, CLYMER, MELIO, M. COHEN, STERN,
B. SMITH, PESCI, SCRIMENTI, HENNESSEY, GIGLIOTTI, BROWNE,
STEELMAN, CIVERA, E. Z. TAYLOR, MARSICO, YOUNGBLOOD,
J. TAYLOR, MAHER AND BLAUM, APRIL 13, 1999
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 13, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 designation of sexually violent predators.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9794 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9794. Designation of sexually violent predators.
9 (a) Order for assessment.--After conviction, but before
10 sentencing, a court shall order a person convicted of a sexually
11 violent offense specified in section 9793(b) (relating to
12 registration of certain offenders for ten years) to be assessed
13 by the board. The order for an assessment shall be sent to the
14 administrative officer of the board within ten days of the date
15 of conviction.
16 [(b) Presumption.--An offender convicted of any offense set
1 forth in section 9793(b) shall be presumed by the board and the
2 court to be a sexually violent predator. This presumption may be
3 rebutted by the offender by clear and convincing evidence at a
4 hearing held in accordance with subsection (e).]
5 (c) Assessment.--Upon receipt from the court of an order for
6 an assessment, two members of the board as designated by the
7 administrative officer of the board shall conduct an assessment
8 of the offender to determine if, by clear and convincing
9 evidence, the offender is a sexually violent predator. Such an
10 assessment shall include, but not be limited to, such factors
11 as:
12 (1) Age of the offender.
13 (2) Offender's prior criminal record, sexual offenses as
14 well as other offenses.
15 (3) Age of the victim.
16 (4) Whether the offense involved multiple victims.
17 (5) Use of illegal drugs by the offender.
18 (6) Whether the offender completed any prior sentence
19 and whether the offender participated in available programs
20 for sexual offenders.
21 (7) Any mental illness or mental disability of the
22 offender.
23 (8) The nature of the sexual contact with the victim and
24 whether the sexual contact was part of a demonstrated pattern
25 of abuse.
26 (9) Whether the offense included a display of unusual
27 cruelty by the offender during the commission of the crime.
28 (10) Any behavioral characteristics that contribute to
29 the offender's conduct.
30 All State, county and local agencies shall cooperate in
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1 providing the necessary information as requested by the board in
2 connection with the required assessment.
3 (d) Submission of report by board.--The board shall submit a
4 written report containing its assessment to the court no later
5 than 60 days from the date of conviction of the defendant. Where
6 the board members disagree on the assessment of the offender,
7 both members shall submit a written report to the court.
8 (e) Court review of findings.--Upon receipt of the board's
9 report, the court shall determine if the offender is a sexually
10 violent predator. This determination shall be made based on
11 evidence presented at a hearing held prior to sentencing and
12 before the trial judge. The offender and district attorney shall
13 be given notice of the hearing and an opportunity to be heard,
14 the right to call witnesses, the right to call expert witnesses
15 and the right to cross-examine witnesses. In addition, the
16 offender shall have the right to counsel and to have a lawyer
17 appointed to represent him if he cannot afford one. [After a
18 review of all evidence presented at this hearing, the court may
19 determine whether the presumption arising under subsection (b)
20 has been rebutted and shall set forth this determination on the
21 sentencing order.] A copy of the sentencing order containing the
22 determination shall be submitted to the Pennsylvania Board of
23 Probation and Parole and the Department of Corrections.
24 (f) Subsequent board review.--No sooner than one year prior
25 to release from a State or county correctional institution, or
26 in five-year intervals thereafter, an offender designated as a
27 sexually violent predator may petition the court with original
28 jurisdiction in the matter for reconsideration of the
29 determination. The court may review the determination and
30 request a new report by the board. The court may enter an order
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1 terminating the designation in which case the court shall notify
2 the Pennsylvania State Police.
3 Section 2. This act shall take effect in 60 days.
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