6358 - Assessment of delinquent children by the State Sexual Offenders Assessment Board.

     § 6358.  Assessment of delinquent children by the State Sexual                Offenders Assessment Board.        (a)  General rule.--A child who has been found to be     delinquent for an act of sexual violence which if committed by     an adult would be a violation of 18 Pa.C.S. § 3121 (relating to     rape), 3123 (relating to involuntary deviate sexual     intercourse), 3124.1 (relating to sexual assault), 3125     (relating to aggravated indecent assault), 3126 (relating to     indecent assault) or 4302 (relating to incest) who is committed     to an institution or other facility pursuant to section 6352     (relating to disposition of delinquent child) and who remains in     such facility upon attaining 20 years of age shall be subject to     an assessment by the board.        (b)  Duty of probation officer.--Ninety days prior to the     20th birthday of the child, the probation officer shall have the     duty to notify the board of the status of the delinquent child     and the institution or other facility where the child is     presently committed. The probation officer shall assist the     board in obtaining access to the child and any information     required by the board to perform the assessment.        (b.1)  Notification to board.--The probation officer shall,     within five days of the effective date of this subsection,     notify the board of any child whose age precludes compliance     with subsection (b) provided the child has not yet attained 21     years of age.        (c)  Assessment.--The board shall conduct an assessment,     which shall include the board's determination of whether or not     the child is in need of commitment for involuntary treatment due     to a mental abnormality as defined in section 6402 (relating to     definitions) or a personality disorder, either of which results     in serious difficulty in controlling sexually violent behavior.     Upon the completion of the assessment pursuant to this section,     the board shall provide the assessment to the court. In no case     shall the board file the assessment later than 90 days after the     child's 20th birthday unless notification of the board was     delayed under subsection (b.1), in which case the assessment     shall be filed no later than 180 days after the child's 20th     birthday.        (d)  Duty of court.--The court shall provide a copy of the     assessment by the board to the probation officer, the district     attorney, county solicitor or designee and the child's attorney.        (e)  Dispositional review hearing.--Where the board has     concluded that the child is in need of involuntary treatment     pursuant to the provisions of Chapter 64 (relating to court-     ordered involuntary treatment of certain sexually violent     persons), the court shall conduct a hearing at which the county     solicitor or a designee, the probation officer and the child's     attorney are present. The court shall consider the assessment,     treatment information and any other relevant information     regarding the delinquent child at the dispositional review     hearing pursuant to section 6353 (relating to limitation on and     change in place of commitment), which shall be held no later     than 180 days before the 21st birthday of the child. Where the     submission of the report was delayed pursuant to subsection (c),     the dispositional review hearing shall be held no later than 90     days before the 21st birthday of the child.        (f)  Subsequent proceeding.--If, at the conclusion of the     dispositional review hearing required in subsection (e), the     court finds there is a prima facie case that the child is in     need of involuntary treatment under the provisions of Chapter     64, the court shall direct that the county solicitor or a     designee file a petition to initiate proceedings under the     provisions of that chapter.     (Aug. 14, 2003, P.L.97, No.21, eff. 180 days)        2003 Amendment.  Act 21 added section 6358.        Cross References.  Section 6358 is referred to in sections     6403, 9795.4 of this title.