2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9796 - Verification of residence.

     § 9796.  Verification of residence.
        (a)  Quarterly verification by sexually violent predators.--
     The Pennsylvania State Police shall verify the residence and
     compliance with counseling as provided for in section 9799.4
     (relating to counseling of sexually violent predators) of
     sexually violent predators every 90 days through the use of a
     nonforwardable verification form to the last reported residence.
     For the period of registration required by section 9795.1
     (relating to registration), a sexually violent predator shall
     appear quarterly between January 5 and January 15, April 5 and
     April 15, July 5 and July 15 and October 5 and October 15 of
     each calendar year at an approved registration site to complete
     a verification form and to be photographed.
        (a.1)  Facilitation of quarterly verification.--The
     Pennsylvania State Police shall facilitate and administer the
     verification process required by subsection (a) by:
            (1)  sending a notice by first class United States mail
        to all registered sexually violent predators at their last
        reported residence addresses. This notice shall be sent not
        more than 30 days nor less than 15 days prior to each of the
        quarterly verification periods set forth in subsection (a)
        and shall remind sexually violent predators of their
        quarterly verification requirement and provide them with a
        list of approved registration sites; and
            (2)  providing verification and compliance forms as
        necessary to each approved registration site not less than
        ten days before each of the quarterly verification periods.
        (b)  Annual verification by offenders.--The Pennsylvania
     State Police shall verify the residence of offenders. For the
     period of registration required by section 9795.1, an offender
     shall appear within ten days before each annual anniversary date
     of the offender's initial registration under section 9795.1 at
     an approved registration site to complete a verification form
     and to be photographed.
        (b.1)  Facilitation of annual verification.--The Pennsylvania
     State Police shall facilitate and administer the verification
     process required by subsection (b) by:
            (1)  sending a notice by first class United States mail
        to all registered offenders at their last reported residence
        addresses. This notice shall be sent not more than 30 days
        nor less than 15 days prior to each offender's annual
        anniversary date and shall remind the offender of the annual
        verification requirement and provide the offender with a list
        of approved registration sites; and
            (2)  providing verification and compliance forms as
        necessary to each approved registration site.
        (c)  Notification of law enforcement agencies of change of
     residence.--A change of residence of an offender or sexually
     violent predator required to register under this subchapter
     reported to the Pennsylvania State Police shall be immediately
     reported by the Pennsylvania State Police to the appropriate law
     enforcement agency having jurisdiction of the offender's or the
     sexually violent predator's new place of residence. The
     Pennsylvania State Police shall, if the offender or sexually
     violent predator changes residence to another state, notify the
     law enforcement agency with which the offender or sexually
     violent predator must register in the new state.
        (d)  Failure to provide verification.--Where an offender or
     sexually violent predator fails to provide verification of
     residence within the ten-day period as set forth in this
     section, the Pennsylvania State Police shall immediately notify
     the municipal police department of the offender's or the
     sexually violent predator's last verified residence. The local
     municipal police shall locate the offender or sexually violent
     predator and arrest him for violating this section. The
     Pennsylvania State Police shall assume responsibility for
     locating the offender or sexually violent predator and arresting
     him in jurisdictions where no municipal police jurisdiction
     exists. The Pennsylvania State Police shall assist any municipal
     police department requesting assistance with locating and
     arresting an offender or sexually violent predator who fails to
     verify his residence.
        (e)  Penalty.--An individual subject to registration under
     section 9795.1(a) or (b) who fails to verify his residence or to
     be photographed as required by this section may be subject to
     prosecution under 18 Pa.C.S. § 4915 (relating to failure to
     comply with registration of sexual offenders requirements).
        (f)  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 any notice or
     information under subsection (a.1) or (b.1) shall relieve that
     predator or offender from the requirements of this subchapter.
     (May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 20, 2000,
     P.L.811, No.113, eff. 60 days; Nov. 24, 2004, P.L.1243, No.152)

        2004 Amendment.  Act 152 amended subsecs. (a), (b) and (e)
     and added subsecs. (a.1), (b.1) and (f), effective January 1,
     2006, as to subsecs. (a) and (b) and 60 days as to the remainder
     of the section. Section 17 of Act 152 provided that the
     Pennsylvania State Police shall notify any sexually violent
     predator during 2005 of the time periods for the quarterly
     reporting required under subsec. (a) that begin in 2006.
        2000 Amendments.  Act 18 reenacted and amended section 9796
     and Act 113 amended subsec. (e).
        Cross References.  Section 9796 is referred to in sections
     9795.2, 9795.3, 9799.1 of this title; section 4915 of Title 18
     (Crimes and Offenses).