Pennsylvania Code
Title 37 - LAW
Part I - State Police
Chapter 56 - GUIDELINES FOR ADMINISTRATION OF MEGAN'S LAW-STATEMENT OF POLICY
Section 56.3 - Responsibilities
Universal Citation: 37 PA Code ยง 56.3
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Board of Probation and Parole, in cooperation with the Department of Corrections and county officials, shall:
(1) Create
procedures to guide and instruct State and county prison and probation and
parole personnel how to inform sexual offenders of their duties under 42
Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual
offenders), known as Megan's Law. These procedures shall include, at a minimum:
(i) Completion of a sexual offender
registration form provided by the State Police prior to release from
incarceration, upon parole from a State or county correctional institution or
commencement of a sentence of intermediate punishment or probation.
(ii) Prior to release from incarceration, and
at the time of registration, a photograph of the sexual offender and the
information specified in paragraph (4) shall be obtained for immediate
transmittal to State Police.
(2) Require, as a condition of being
permitted to reside in this Commonwealth under the Interstate Compact, sexual
offenders from other states to register and abide by the requirements of 42
Pa.C.S. Chapter 97, Subchapter H.
(3) Provide the following information to the
State Police, Bureau of Records and Information Services, Attention: Director,
Records and Identification Division (Act 24 of 1995), 1800 Elmerton Avenue,
Harrisburg, Pennsylvania 17110, or facsimile at (717) 772-3681. In the case of
a State sentence, this information will be provided prior to release on parole
from a State sentence. In the case of a county sentence, the information will
be provided immediately upon its receipt from county authorities.
(i) The complete name of the sexual offender,
including maiden name and known aliases, and whether the offender has been
designated by a court order as a sexually violent predator.
(ii) SID: The sexual offender's State
Identification Number.
(iii) OTN:
The sexual offender's Offense Tracking Number assigned to the applicable
offenses.
(iv) Offenses
necessitating the sexual offender registration-for example, Rape,
cc3121.
(v) DOB: The sexual
offender's date of birth in an eight-digit format, such as
10/24/1964.
(vi) POB: The sexual
offender's place of birth, two-letter state abbreviation or country.
(vii) SSN: The sexual offender's Social
Security number.
(viii) Race: The
sexual offender's race, that is, W-White, B-Black, I-Indian or
A-Asian.
(ix) Sex: The sexual
offender's sex, that is, M-Male, or F-Female.
(x) Height: The sexual offender's height in a
three-digit format-for example, 510 is equal to 5 feet 10 inches.
(xi) Weight: The sexual offender's weight in
a three-digit format-for example, 097 is equal to 97 pounds.
(xii) Eye color: The sexual offender's eye
color, that is, BLK-Black, BLU-Blue, BRO-Brown, GRY-Grey, GRN-Green, HAZ-Hazel,
MAR-Maroon, PNK-Pink or XXX-Unknown.
(xiii) Hair color: The sexual offender's hair
color, that is, BAL-Bald, BLK-Black, BLN-Blonde, BRO-Brown, GRY-Grey, RED-Red,
SNY-Sandy, WHI-White or XXX-Unknown.
(xiv) Any scars, marks or tattoos the sexual
offender may have.
(xv) Photograph:
A recent photograph of the sexual offender.
(xvi) Anticipated or earliest date of
release-that is, minimum sentence date.
(xvii) Future address of the sexual offender,
to include:
(A) Residence number and mailing
address. For example if the address is RD 1, Box 345, then an actual street
name will also be required, for example, RD 1 (Old Jonestown Road), Box 345,
Harrisburg.
(B) City, township or
borough where the residence is located.
(C) County where the residence is
located.
(D) State where the
residence is located.
(E) Zip code
of the residence.
(F) If available,
the telephone number of the residence.
(xviii) If available, the name and address of
the police department or State Police Station serving the area of the sexual
offender's residence.
(xix) If
available, the name/type of treatment program completed while incarcerated, and
the date of its successful completion.
(xx) If available, employer information of
the sexual offender, to include:
(A) The
complete name of the employer/company.
(B) The name of the supervisor and direct
telephone number.
(C) The complete
mailing address of the employer, to include street name and number,
city/township/borough, county, state and zip code.
(D) The telephone number of the
employer/company.
(xxi)
If available, information on the victim of the sexually violent predator, to
include:
(A) The complete name of victim,
including maiden name.
(B) DOB. The
date of birth.
(C) SSN. Social
Security number.
(D) The full name
of the victim's legal guardian.
(E)
The complete mailing address, to include street name and number, city, county,
state and zip code.
(F) The
telephone number of the guardian or victim, or both, if available.
(b) The Department of Education shall transmit the following information quarterly to the State Police, Bureau of Records and Information Services, Attention: Director, Records and Identification Division (Act 24 of 1995), 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110, or by facsimile at (717) 772-3681:
(1) The name, address and telephone number of
each school district, by municipality.
(2) The name, address and telephone number of
each private and parochial school enrolling students through grade 12, by
county.
(3) The name, address and
telephone number of each licensed preschool program, by county.
(4) The name, address and telephone number of
each university, college and community college, by county.
(c) The Department of Public Welfare shall transmit the following information quarterly to the State Police, Bureau of Records and Information Services, Attention: Director, Records and Identification Division (Act 24 of 1995), 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110, or by facsimile at (717) 772-3681:
(1) The name, address and telephone number of
each licensed day care center, by municipality or county, or both.
(2) The name, address and telephone number of
each licensed preschool program, by municipality or county, or both.
(3) The name, address and telephone number of
each of the county children and youth service agencies.
(d) The State Police will:
(1) Create and maintain a State registry of
offenders.
(2) Initially notify the
local police department or State Police Station via Commonwealth Law
Enforcement Assistance Network (CLEAN) Message whenever an offender will reside
in its jurisdiction.
(3) Notify the
appropriate law enforcement agency of another state if an offender changes
residence to its jurisdiction.
(4)
Immediately transfer offender information and fingerprints to the Federal
Bureau of Investigation.
(5) Be
responsible for producing written notices which contain the information in this
paragraph. The written notices may not contain information which might reveal
the name, identity or residence of the victim.
(i) The name of the convicted sexually
violent predator.
(ii) The address
at which the sexually violent predator resides.
(iii) The offense for which the sexually
violent predator was convicted.
(iv) A statement that the sexually violent
predator has been designated as such by court order.
(v) In compliance with Megan's Law, other
information deemed appropriate. Pending clarification by the Legislature, it is
the intention of the State Police to provide a photograph of the sexually
violent predator.
(6)
Provide written notice to the chief law enforcement officer of the police
department of the municipality where a sexually violent predator will
reside.
(7) Verify the residences
of offenders through the use of a nonforwardable residence verification form,
which is to be returned by the offender within 10-calendar days.
(8) Immediately notify the municipal police
department, or appropriate State Police Station, when any offender has failed
to provide verification of residence within the 10-day period.
(9) Assist any municipal police department
requesting assistance with locating and arresting offenders failing to verify
their addresses.
(10) Automatically
remove offenders not determined to be sexually violent predators from the State
registry after 10 years.
(e) Chief law enforcement officers, or the State Police if no municipal police jurisdiction exists, shall:
(1) Upon receipt of the initial CLEAN Message
from the State Police, immediately provide acknowledgment to the State Police,
via CLEAN Message, to include confirmation that the offender's registered
residence is within its jurisdiction.
(2) Upon receipt of the written notice,
immediately provide the State Police, via CLEAN Message, with an acknowledgment
that the written notice has been received and a confirmation that the
offender's residence is within its jurisdiction.
(3) Provide written notices to the following
persons within the specified time frames:
(i)
Victims of the sexually violent predator, within 72 hours of receipt. If the
offender is not determined to be a sexually violent predator by a court, the
offender's victims shall be notified in accordance with section
479.3 of The Administrative Code
of 1929 (71 P. S. §
180-9.3).
(ii) Neighbors of the sexually violent
predator, within 72 hours of receipt. Notwithstanding other provisions, verbal
notification may be used if written notification would delay meeting this time
requirement.
(iii) Directors of
county children and youth service agencies in counties where sexually violent
predators reside, within 7 days of receipt.
(iv) Superintendents of each school district,
and the equivalent official for private and parochial schools enrolling
students through grade 12, in the municipality where the sexually violent
predator resides, within 7 days of receipt.
(v) Directors of each licensed day care
center and licensed preschool program in the municipality where the sexually
violent predator resides, within 7 days of receipt.
(vi) Presidents of each college, university
and community college located within 1,000 feet of a sexually violent
predator's residence, within 7 days of receipt.
(4) Not disseminate information received from
State Police on offenders not determined to be sexually violent predators. This
information is intended to be utilized strictly as an investigative
tool.
(5) Upon notification from
State Police that an offender has failed to verify his address, locate and
arrest the offender for violating 42 Pa.C.S. Chapter 97, Subchapter H (relating
to registration of sexual offenders).
(f) Consideration may be given to establishing a log of individuals not specifically mentioned in subsection (e)(3) to whom sexually violent predator information is provided. Consideration may also be given to providing copies of written notices to the law enforcement agencies of surrounding communities.
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