2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9718.1 - Sexual offender treatment.

     § 9718.1.  Sexual offender treatment.
        (a)  General rule.--A person, including an offender
     designated as a "sexually violent predator" as defined in
     section 9792 (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):
            (1)  Any of the offenses enumerated in Chapter 31
        (relating to sexual offenses) if the offense involved a minor
        under 18 years of age.
            (2)  Section 4304 (relating to endangering welfare of
        children) if the offense involved sexual contact with the
        victim.
            (3)  Section 6301 (relating to corruption of minors) if
        the offense involved sexual contact with the victim.
            (4)  Open lewdness, as defined in section 5901 (relating
        to open lewdness), if the offense involved a minor under 18
        years of age.
            (5)  Prostitution, as defined in section 5902 (relating
        to prostitution and related offenses), if the offense
        involved a minor under 18 years of age.
            (6)  Obscene and other sexual materials and performances,
        as defined in section 5903 (relating to obscene and other
        sexual materials and performances), if the offense involved a
        minor under 18 years of age.
            (7)  Sexual abuse of children, as defined in section 6312
        (relating to sexual abuse of children).
            (8)  Section 6318 (relating to unlawful contact with
        minor).
            (9)  Section 6320 (relating to sexual exploitation of
        children).
            (10)  Section 4302 (relating to incest) if the offense
        involved a minor under 18 years of age.
            (11)  An attempt or solicitation to commit any of the
        offenses listed in this subsection.
        (b)  Eligibility for parole.--For an offender required to
     participate in the program under subsection (a), all of the
     following apply:
            (1)  The offender shall not be eligible for parole unless
        the offender has:
                (i)  served the minimum term of imprisonment;
                (ii)  participated in the program under subsection
            (a); and
                (iii)  agreed to comply with any special conditions
            of parole imposed for therapy or counseling for sex
            offenders, including sexually violent predators.
            (2)  Notwithstanding paragraph (1)(iii), an offender who
        is a sexually violent predator is subject to section 9799.4
        (relating to counseling of sexually violent predators).
        (c)  Department.--The department shall develop and provide
     the program of counseling or therapy for offenders as provided
     in subsection (a). The department shall have the sole discretion
     with respect to counseling or therapy program contents and
     administration, including the scheduling of an offender's
     attendance and participation.
        (d)  No right of action created.--Notwithstanding any other
     provision of law to the contrary, this section shall not be
     construed to confer any legal right upon any individual,
     including an individual required to participate in the
     department's programs of counseling or therapy for incarcerated
     offenders, seeking to:
            (1)  participate and attend the program provided in
        subsection (a) at a time of the individual's own choosing;
            (2)  modify the contents of the program provided in
        subsection (a);
            (3)  be paroled; or
            (4)  file any other cause of action in any court
        regarding the program provided in subsection (a).
     (Dec. 20, 2000, P.L.721, No.98, eff. imd.; Nov. 20, 2002,
     P.L.1104, No.134, eff. 60 days)

        2002 Amendment.  Act 134 amended subsec. (a).
        2000 Amendment.  Act 98 added section 9718.1. See the
     preamble and section 3 of Act 98 in the appendix to this title
     for special provisions relating to legislative intent and
     applicability.