2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9798 - Other notification.

     § 9798.  Other notification.
        (a)  Notice by municipality's chief law enforcement
     officer.--Notwithstanding any of the provisions of 18 Pa.C.S.
     Ch. 91 (relating to criminal history record information), the
     chief law enforcement officer of the full-time or part-time
     police department of the municipality where a sexually violent
     predator lives shall be responsible for providing written notice
     as required under this section.
            (1)  The notice shall contain:
                (i)  The name of the convicted sexually violent
            predator.
                (ii)  The address or addresses at which he resides.
                (iii)  The offense for which he was convicted,
            sentenced by a court, adjudicated delinquent or court
            martialed.
                (iv)  A statement that he has been determined by
            court order to be a sexually violent predator, which
            determination has or has not been terminated as of a date
            certain.
                (v)  A photograph of the sexually violent predator,
            if available.
            (2)  The notice shall not include any information that
        might reveal the victim's name, identity and residence.
        (b)  To whom written notice is provided.--The chief law
     enforcement officer shall provide written notice, under
     subsection (a), to the following persons:
            (1)  Neighbors of the sexually violent predator. As used
        in this paragraph, where the sexually violent predator lives
        in a common interest community, the term "neighbor" includes
        the unit owners' association and residents of the common
        interest community.
            (2)  The director of the county children and youth
        service agency of the county where the sexually violent
        predator resides.
            (3)  The superintendent of each school district and the
        equivalent official for private and parochial schools
        enrolling students up through grade 12 in the municipality
        where the sexually violent predator resides.
            (3.1)  The superintendent of each school district and the
        equivalent official for each private and parochial school
        located within a one-mile radius of where the sexually
        violent predator resides.
            (4)  The licensee of each certified day care center and
        licensed preschool program and owner/operator of each
        registered family day care home in the municipality where the
        sexually violent predator resides.
            (5)  The president of each college, university and
        community college located within 1,000 feet of a sexually
        violent predator's residence.
        (c)  Urgency of notification.--The municipal police
     department's chief law enforcement officer shall provide notice
     within the following time frames:
            (1)  To neighbors, notice shall be provided within five
        days after information of the sexually violent predator's
        release date and residence has been received by the chief law
        enforcement officer. Notwithstanding the provisions of
        subsections (a) and (b), verbal notification may be used if
        written notification would delay meeting this time
        requirement.
            (2)  To the persons specified in subsection (b)(2), (3),
        (4) and (5), notice shall be provided within seven days after
        the chief law enforcement officer receives information
        regarding the sexually violent predator's release date and
        residence.
        (d)  Public notice.--All information provided in accordance
     with subsection (a) shall be available, upon request, to the
     general public. The information may be provided by electronic
     means.
        (e)  Interstate transfers.--The duties of police departments
     under this section shall also apply to individuals who are
     transferred to this Commonwealth pursuant to the Interstate
     Compact for the Supervision of Adult Offenders or the Interstate
     Compact for Juveniles.
     (May 22, 1996, P.L.300, No.46, eff. imd.; May 10, 2000, P.L.74,
     No.18, eff. 60 days; Nov. 24, 2004, P.L.1243, No.152)

        2004 Amendment.  Act 152 amended subsecs. (a), (b)(1), (c)
     and (e), effective immediately as to subsec. (c)(1) and 60 days
     as to the remainder of the section.
        2000 Amendment.  Act 18 reenacted and amended section 9798.
        Cross References.  Section 9798 is referred to in sections
     9792, 9795.2, 9795.5, 9799, 9799.1 of this title.