RULES AND REGULATIONS
Title 37--LAW
STATE POLICE
[37 PA. CODE CH. 55]
Megan's Law--Neighbor Notification
[27 Pa.B. 5253] The State Police, by this order, adopts Chapter 55 (relating to Megan's Law--neighbor notification) as derived specifically from 42 Pa.C.S. § 9799.1(3) (relating to duties of Pennsylvania State Police), to read as set forth in Annex A. Notice of proposed rulemaking was published at 26 Pa.B. 2907 (June 22, 1996), with an invitation to submit written comments within 30 days of publication. The State Police received four comments.
Comments Received
The State Police received comments from the Independent Regulatory Review Commission (IRRC), the City of Bethlehem's Department of Police, the Palmer Township Police Department and the Cumberland County Probation and Parole Office. The following is a summary of the comments received and the State Police's response:
(1) The Bethlehem Police Department and IRRC questioned the appropriateness of using the originally proposed 1,000-foot radius (relating to the notification area of the residence of a sexually violent predator); specifically, a 200-foot radius was suggested. The State Police agreed to a 250-foot radius after extensive consultations with various criminal justice agencies in this Commonwealth. This standard is supported by the General Assembly's intention that notifications are public information. If individuals or places of employment outside the notification area have the desire to know the locations of sexually violent predators, they may go to their local law enforcement agency and receive a copy of the written notification.
The Bethlehem Police Department and IRRC also questioned the validity of the proposed regulations not imposing costs on State and local government. The State Police agrees and has revised the Regulatory Analysis Form accordingly. Local law enforcement agencies and the State Police have a great responsibility to see that the intent of this act is carried through. As a result, both face potentially significant time, manpower and documenting costs associated with full compliance. These will only continue to multiply as more and more offenders are released from incarceration and into society. No monetary reimbursements have been made a part of the act. Potentially, as the number of released ''sexually violent predators'' multiplies, the costs to local law enforcement agencies, and hence their local governments, could be very significant. Time and manpower efforts alone could potentially be crippling at times to these agencies, especially the smaller departments. Compliance with the act and regulation comes at the expense of other patrol and crime fighting duties and functions. Every effort has been made by the State Police to minimize these costs and efforts where possible and within the requirements of the act. The State Police will continuously monitor these costs and efforts to search for more efficient and cost-effective ways to comply with our legislative mandate.
The Bethlehem Police Department and IRRC raised an issue which was of much debate within the State Police; namely, the need to document notification efforts. The State Police agrees and § 55.6 (relating to documentation of notification) has been added to provide general parameters and requirements for documenting notifications.
(2) The Palmer Township Police Department questioned whether law enforcement would be responsible for notification of parents of children attending day care facilities within a sexually violent predator notification zone. The act mandates appropriate municipal police departments provide written notices to the directors of licensed day care centers and licensed preschool programs, directors of county children and youth services, superintendents of each school district and presidents of colleges and universities. Chapter 56 (relating to guidelines for administration of Megan's law--statement of policy) details this process; specifically, § 56.4 (relating to guidelines for schools and children and youth services) is intended to assist these individuals in the dissemination of information concerning sexually violent predators.
(3) The Cumberland County Probation and Parole Office questioned the omission of county juvenile and adult probation and parole departments. The intended purpose of the immunity for good faith conduct found in 42 Pa.C.S. § 9799 (relating to immunity for good faith conduct) and in § 55.3 (relating to immunity for good faith conduct) is that for those agencies or individuals so immunized there exists the possibility that they may be required to disseminate some portion of the sexually violent predator information to the public. The county probation and parole departments, correctional facilities, juvenile agencies, and the like, are not responsible for disseminating any of the Megan's Law information to the public, and thus require no immunity.
Effect
The regulations will affect all Commonwealth law enforcement agencies. As a requirement of 42 Pa.C.S., Chapter 97, Subchapter H (relating to registration of sexual offenders) (act), these 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, these regulations primarily define what a neighbor will be for the purposes of community notification when sexually violent predators are released from incarceration or change residences. Training for municipal police departments concerning the requirements of the act are continuous and ongoing. The State Police regularly conducts training and informational forums for various agencies and groups. The full resources of the State Police are available at all times to any agency at any level.
Fiscal Impact
The regulations will not impose costs on State and local government. Local law enforcement agencies and the State Police have a great responsibility to see that the intent of this act is carried through. As a result, both face potentially significant time, manpower and documenting costs associated with full compliance. These costs will continue to multiply as more and more offenders are released from incarceration and into society. No monetary reimbursements have been made a part of the act. Potentially, as the number of released sexually violent predators multiplies, the costs to local law enforcement agencies, and hence their local governments, could be very significant. Time and manpower efforts alone could potentially be crippling at times to these agencies, especially the smaller departments. Every effort has been made by the State Police to minimize these costs and efforts where possible and within the requirements of Act 24 of 1995. The State Police will continuously monitor these costs and efforts to search for more efficient and cost-effective ways to comply with the Legislative mandate. A potential reduction of civil law suits against the Commonwealth and local municipalities is the primary benefit and savings since notifications will take place in a clearly defined manner.
Paperwork Requirements
The regulations will require the completion of additional forms, reports or other paperwork. Sexually violent predator notices provided by the State Police will need to be reproduced at the local level in volumes sufficient to complete community notification. Additionally, chief law enforcement officers, or the State Police where no municipal police jurisdiction exists, are required to establish written procedures and records documenting community notification of sexually violent predators.
Review
Due to the sensitivity and emotion that crimes like these evoke in people and communities, every facet of the regulations, and the program in general, will be continuously reviewed for effectiveness, clarity and whether they are serving the greater interests of the citizens of this Commonwealth. The State Police is committed to its success and has taken a proactive approach to soliciting comments from the regulated community and the public. This will be furthered by regularly scheduled training and regional meetings to which various elements of the criminal justice community and various private entities are invited.
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 regulations to IRRC and the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee for review and comment on June 29, 1997. In compliance with section 5(b.1) of the Regulatory Review Act, the State Police also provided IRRC and the Committees with copies of the comments received, as well as with a detailed copy of the Regulatory Analysis Form prepared by the State Police in compliance with Executive Order 1996-1. A copy of the material is also available to the public upon request.
In preparing these final-form regulations, the State Police considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House Judiciary Committee and the Senate Law and Justice Committee on August 19, 1997. IRRC met on August 22, 1997, and approved these final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
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.
Findings
The State Police finds that:
(1) Public notice of intention to adopt these regulations has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the regulations of the State Police in the manner provided in this order is necessary and appropriate. A public comment period was provided as required by law and the comments received were considered.
(3) The modifications that were made to these regulations in response to comments received do not enlarge the purpose or scope of the proposed regulations published at 26 Pa.B. 2907.
(4) The adoption of the regulations in the manner provided is necessary and appropriate for the administration of the authorizing statute.
Order
The State Police, acting under the authorizing statutes, orders that:
(a) The regulations of the State Police, 37 Pa. Code, are amended by adding §§ 55.1--55.6 to read as set forth in Annex A.
(b) The Commissioner of the State Police shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Commissioner of the State Police shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
COLONEL PAUL J. EVANKO,
Commissioner(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 4596 (September 6, 1997).)
(Editor's Note: The addition of § 55.6 (relating to documentation of notification) was not included in the proposal at 26 Pa.B. 2907).)
Fiscal Note: Fiscal Note 17-57 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 37. LAW
PART I. STATE POLICE
Subpart H. ADMINISTRATION OF 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. 55.6. Documentation of 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 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 under 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 communities 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 communities 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 of the 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 shall be 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, employes and volunteers engaged in the supervision of children of any 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 both residences and places of employment located within a 250-foot radius of a sexually violent predator's residence, or the 25 most immediate residences and places of employment 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).
§ 55.6. Documentation of notification.
Chief law enforcement officers, or the State Police where no municipal police jurisdiction exists, shall establish written procedures and policies concerning community notification of sexually violent predators. The policy and procedures should include general parameters and basic requirements for documenting notifications. For example, records shall reflect the date and times, geographic areas, methods employed, whether verbal notification was necessary, and whether all notifications were provided to the identified area. The record shall also reflect if follow-up notification attempts were necessary. The record will not reflect great detail or the names and addresses of all individuals to whom notification was provided.
[Pa.B. Doc. No. 97-1619. Filed for public inspection October 10, 1997, 9:00 a.m.]
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