2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9795.5 - Exemption from certain notifications.

     § 9795.5.  Exemption from certain notifications.
        (a)  Lifetime registrants not classified as sexually violent
     predators.--
            (1)  An individual required to register under section
        9795.1 (relating to registration) who is not a sexually
        violent predator may petition the sentencing court to be
        exempt from the application of section 9798.1 (relating to
        information made available on the Internet) provided no less
        than 20 years have passed since the individual has been
        convicted in this or any other jurisdiction of any offense
        punishable by imprisonment for more than one year, or the
        individual's release from custody following the individual's
        most recent conviction for any such 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 in accordance with
        the provisions of section 9795.4(i) (relating to
        assessments). The order for an assessment under this
        subsection shall be sent to the administrative officer of the
        board within ten days of its entry. No later than 90 days
        following receipt of such an order, the board shall submit a
        written report containing its assessment to the sentencing
        court, the district attorney and the attorney for the
        petitioner.
            (3)  Within 120 days of the filing of a petition under
        paragraph (1), the sentencing court shall hold a hearing to
        determine whether to exempt the petitioner from the
        application of section 9798.1. The petitioner and the
        district attorney shall be given notice of the hearing and an
        opportunity to be heard, the right to call witnesses, the
        right to call expert witnesses and the right to cross-examine
        witnesses. The petitioner shall have the right to counsel and
        to have a lawyer appointed to represent him if he cannot
        afford one.
            (4)  The sentencing court shall exempt the petitioner
        from application of section 9798.1 only upon finding by clear
        and convincing evidence that exempting the petitioner from
        the application of section 9798.1 is not likely to pose a
        threat to the safety of any other person.
        (b)  Sexually violent predators.--
            (1)  An individual required to register under section
        9795.1 who is a sexually violent predator may petition the
        sentencing court for release from the application of section
        9798 (relating to other notification) provided no less than
        20 years have passed since the individual has been convicted
        in this or any other jurisdiction of any offense punishable
        by imprisonment for more than one year, or the individual's
        release from custody following the individual's most recent
        conviction for any such offense, whichever is later.
            (2)  Upon receipt of a petition under paragraph (1), the
        sentencing court shall order the petitioner to be assessed by
        the board in accordance with the provisions of section
        9795.4(i). The order for an assessment pursuant to this
        subsection shall be sent to the administrative officer of the
        board within ten days of its entry. No later than 90 days
        following receipt of such an order, the board shall submit a
        written report containing its assessment to the sentencing
        court, the district attorney and the attorney for the
        petitioner.
            (3)  Within 120 days of the filing of a petition under
        paragraph (1), the sentencing court shall hold a hearing to
        determine whether to exempt the petitioner from application
        of section 9798. The petitioner and the district attorney
        shall be given notice of the hearing and an opportunity to be
        heard, the right to call witnesses, the right to call expert
        witnesses and the right to cross-examine witnesses. The
        petitioner shall have the right to counsel and to have a
        lawyer appointed to represent him if he cannot afford one.
            (4)  The sentencing court shall exempt the petitioner
        from application of section 9798 only upon clear and
        convincing evidence that releasing the petitioner from
        application of section 9798 is not likely to pose a threat to
        the safety of any other person.
        (c)  Notice.--Any court granting relief to a petitioner under
     this section shall notify the Pennsylvania State Police in
     writing within ten days from the date such relief is granted.
        (d)  Right to appeal.--The petitioner and the Commonwealth
     shall have the right to appellate review of the actions of the
     sentencing court taken under this section. An appeal by the
     Commonwealth shall stay the order of the sentencing court.
        (e)  Subsequent conviction for failing to comply.--If an
     individual is exempt from the application of either section 9798
     or 9798.1 under this section and the individual is subsequently
     convicted of an offense under 18 Pa.C.S. § 4915 (relating to
     failure to comply with registration of sexual offenders
     requirements), any relief granted under this section shall be
     void, and the individual shall automatically and immediately
     again be subject to all applicable provisions of this
     subchapter, as previously determined by this subchapter.
     (Nov. 24, 2004, P.L.1243, No.152, eff. 60 days)

        2004 Amendment.  Act 152 added section 9795.5.
        Cross References.  Section 9795.5 is referred to in sections
     9795.4, 9798.1 of this title.