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).