Pennsylvania § 9718.1 - Sexual offender treatment.

§ 9718.1. Sexual offender treatment.

(a) General rule.--A person, including an offender designated as a "sexually violent predator" as defined in section 9799.12 (relating to definitions) or 9799.53 (relating to definitions), shall attend and participate in a Department of Corrections program of counseling or therapy designed for incarcerated sex offenders if the person is incarcerated in a State institution for any of the following provisions under 18 Pa.C.S. (relating to crimes and offenses):

(1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses) if the offense involved a minor under 18 years of age.

(1.1) Any of the offenses enumerated under Chapter 30 (relating to human trafficking) if the victim is a minor under 18 years of age and the offense involved sexual servitude.

(2) Section 4304(a)(1) (relating to endangering welfare of children) if the offense involved sexual contact with the victim.

(3) Section 6301(a)(1)(i) (relating to corruption of minors) if the offense involved sexual contact with the victim.

(3.1) Section 6301(a)(1)(ii).

(4) Open lewdness, as defined in section 5901 (relating to open lewdness), if the offense involved a minor under 18 years of age.

(5) Prostitution, as defined in section 5902(b.1) (relating to prostitution and related offenses).

(6) Obscene and other sexual materials and performances, as defined in section 5903 (relating to obscene and other sexual materials and performances), if the offense involved a minor under 18 years of age.

(7) Sexual abuse of children, as defined in section 6312 (relating to sexual abuse of children).

(8) Section 6318 (relating to unlawful contact with minor).

(9) Section 6320 (relating to sexual exploitation of children).

(10) Section 4302(b) (relating to incest).

(11) An attempt, solicitation or conspiracy to commit any of the offenses listed in this subsection.

(b) Eligibility for parole.--For an offender required to participate in the program under subsection (a), all of the following apply:

(1) The offender shall not be eligible for parole unless the offender has:

(i) served the minimum term of imprisonment;

(ii) participated in the program under subsection (a); and

(iii) agreed to comply with any special conditions of parole imposed for therapy or counseling for sex offenders, including sexually violent predators.

(2) Notwithstanding paragraph (1)(iii), an offender who is a sexually violent predator is subject to section 9799.36 (relating to counseling of sexually violent predators).

(c) Department.--The department shall develop and provide the program of counseling or therapy for offenders as provided in subsection (a). The department shall have the sole discretion with respect to counseling or therapy program contents and administration, including the scheduling of an offender's attendance and participation.

(d) No right of action created.--Notwithstanding any other provision of law to the contrary, this section shall not be construed to confer any legal right upon any individual, including an individual required to participate in the department's programs of counseling or therapy for incarcerated offenders, seeking to:

(1) participate and attend the program provided in subsection (a) at a time of the individual's own choosing;

(2) modify the contents of the program provided in subsection (a);

(3) be paroled; or

(4) file any other cause of action in any court regarding the program provided in subsection (a).

(Dec. 20, 2000, P.L.721, No.98, eff. imd.; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.223, No.45, eff. 60 days)

2021 Amendment. Act 45 amended subsec. (a).

2011 Amendment. Act 111 amended subsecs. (a) intro. par. and (b)(2).

2000 Amendment. Act 98 added section 9718.1. See the preamble and section 3 of Act 98 in the appendix to this title for special provisions relating to legislative intent and applicability.