9791 - Legislative findings and declaration of policy.
SUBCHAPTER H REGISTRATION OF SEXUAL OFFENDERS Sec. 9791. Legislative findings and declaration of policy. 9792. Definitions. 9793. Registration of certain offenders for ten years (Deleted by amendment). 9794. Designation of sexually violent predators (Deleted by amendment). 9795. Registration of offenders (Deleted by amendment). 9795.1. Registration. 9795.2. Registration procedures and applicability. 9795.3. Sentencing court information. 9795.4. Assessments. 9795.5. Exemption from certain notifications. 9796. Verification of residence. 9797. Victim notification. 9798. Other notification. 9798.1. Information made available on the Internet. 9798.2. Administration. 9798.3. Global positioning system technology. 9799. Immunity for good faith conduct. 9799.1. Duties of Pennsylvania State Police. 9799.2. Duties of Pennsylvania Board of Probation and Parole. 9799.3. Board. 9799.4. Counseling of sexually violent predators. 9799.5. Exemption from notification (Deleted by amendment). 9799.6. Applicability (Deleted by amendment). 9799.7. Exemption from notification for certain licensees and their employees. 9799.8. Annual performance audit. 9799.9. Photographs and fingerprinting. Enactment. Subchapter H was added October 24, 1995, 1st Sp.Sess., P.L.1079, No.24, effective in 180 days, unless otherwise noted. Reenactment. Subchapter H was reenacted and amended May 10, 2000, P.L.74, No.18, effective in 60 days. Special Provisions in Appendix. See section 5 of Act 18 of 2000 in the appendix to this title for special provisions relating to applicability. Cross References. Subchapter H is referred to in section 4915 of Title 18 (Crimes and Offenses). § 9791. Legislative findings and declaration of policy. (a) Legislative findings.--It is hereby determined and declared as a matter of legislative finding: (1) If the public is provided adequate notice and information about sexually violent predators and certain other offenders, the community can develop constructive plans to prepare themselves and their children for the offender's release. This allows communities to meet with law enforcement to prepare and obtain information about the rights and responsibilities of the community and to provide education and counseling to their children. (2) These sexually violent predators pose a high risk of engaging in further offenses even after being released from incarceration or commitments and that protection of the public from this type of offender is a paramount governmental interest. (3) The penal and mental health components of our justice system are largely hidden from public view and lack of information from either may result in failure of both systems to meet this paramount concern of public safety. (4) Overly restrictive confidentiality and liability laws governing the release of information about sexually violent predators have reduced the willingness to release information that could be appropriately released under the public disclosure laws and have increased risks to public safety. (5) Persons found to have committed such an offense have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. (6) Release of information about sexually violent predators to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals. (b) Declaration of policy.--It is hereby declared to be the intention of the General Assembly to protect the safety and general welfare of the people of this Commonwealth by providing for registration and community notification regarding sexually violent predators who are about to be released from custody and will live in or near their neighborhood. It is further declared to be the policy of this Commonwealth to require the exchange of relevant information about sexually violent predators among public agencies and officials and to authorize the release of necessary and relevant information about sexually violent predators to members of the general public as a means of assuring public protection and shall not be construed as punitive. (May 10, 2000, P.L.74, No.18, eff. 60 days) 2000 Amendment. Act 18 reenacted section 9791.