PROPOSED RULEMAKING
STATE POLICE
[37 PA. CODE CH. 55]
Megan's Law
[26 Pa.B. 2907] As a requirement of 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders) (act), these proposed regulations are necessary for the general administration of the act (relating to Megan's Law). The effective date of the act was April 21, 1996. As set forth, the proposed regulations define what a neighbor will be for the purposes of community notification when sexually violent predators are released from incarceration or change residences.
Effect
The proposed regulations will affect all Commonwealth law enforcement agencies.
Fiscal Impact
The proposed regulations will not impose costs on State and local government.
Paperwork Requirements
The proposed regulations will not require the completion of additional forms, reports or other paperwork.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the State Police submitted a copy of these proposed regulations on June 4, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee. In addition to submitting the proposed regulations, the State Police has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of the material is also available to the public upon request.
If IRRC has objections to any portion of the proposed regulations, it will notify the State Police within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the proposed regulations, by the State Police, the General Assembly and the Governor of objections raised.
Sunset Date
No sunset date has been assigned. However, due to the sensitivity and emotion that crimes like this evoke in people and communities, every facet of these proposed regulations will be continuously reviewed for effectiveness, clarity and whether they are serving the greater interests of citizens of this Commonwealth.
Public Comment
Interested parties wishing to comment are invited to submit a written statement within 30 days of the publication of this notice in the Pennsylvania Bulletin. Each written statement must include the name, address and telephone number of the interested party and a concise statement with sufficient detail on the subject. Written statements may be directed to the State Police, Attention: Director, Bureau of Research and Development, 1800 Elmerton Avenue, Harrisburg, PA 17110.
Contact Person
The contact person is Trooper R. M. Van Buskirk, State Police, Bureau of Research and Development, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-4898.
COLONEL PAUL J. EVANKO,
CommissionerFiscal Note: 17-57. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART I. STATE POLICE
Subpart H. MEGAN'S LAW
CHAPTER 55. MEGAN'S LAW--NEIGHBOR NOTIFICATION Sec.
55.1. Policy. 55.2. Legislative finding. 55.3. Immunity for good faith conduct. 55.4. Definitions. 55.5. Notification. § 55.1. Policy.
(a) The General Assembly has declared its intention 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.
(b) The General Assembly further declared it to be the policy of the 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 that the same is not to be construed as punitive.
(c) The General Assembly has determined and declared as a matter of legislative finding that the 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 is rationally related to the furtherance of those goals.
(d) Information gathered for 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders) will not be disclosed outside the established criminal justice system, except as allowed by law.
§ 55.2. Legislative finding.
(a) The General Assembly has determined and declared that 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 agencies to prepare and obtain information about the rights and responsibilities of the community and to provide education and counseling to their children.
(b) Persons found to have committed sexually violent offenses have a reduced expectation of privacy because ofthe public's interest in public safety and in the effective operation of government.
(c) 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.
§ 55.3. Immunity for good faith conduct.
The General Assembly has also declared that the following entities are immune from liability for good faith conduct under 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders):
(1) The State Police and local law enforcement agencies and employes of law enforcement agencies.
(2) District Attorneys and their agents and employes.
(3) Superintendents, administrators, teachers and employes engaged in the supervision of children in a public, private or parochial school.
(4) Directors and employes of county children and youth agencies.
(5) Presidents or similar officers of universities and colleges, including community colleges.
(6) The Board of Probation and Parole and its agents and employes.
(7) Directors of licensed day care centers.
(8) Directors of licensed preschool programs.
§ 55.4. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Neighbor--For the purposes of 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders), those persons occupying residences or places of employment, or both, located within a 1,000 foot radius of a sexually violent predator's residence, or the 25 most immediate residences or places of employment, or both, in proximity to the sexually violent predator's residence, whichever is greater.
Sexually violent predator--A person who has been convicted of a sexually violent offense as set forth in 42 Pa.C.S. § 9793(b) (relating to registration of certain offenders for ten years) and who is determined to be a sexually violent predator under 42 Pa.C.S. § 9794(e) (relating to designation of sexually violent predators) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
§ 55.5. Notification.
Chief law enforcement officers, or the State Police where no municipal police jurisdiction exists, shall provide written notices of the current address of sexually violent predators to neighbors within 72 hours of receipt. Notwithstanding other provisions, verbal notification may be used if written notification would delay meeting this time requirement. See Chapter 56 (relating to guidelines for administration of Megan's Law--statement of policy).
[Pa.B. Doc. No. 96-1010. Filed for public inspection June 21, 1996, 9:00 a.m.]
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