Pennsylvania § 9799.36 - Counseling of sexually violent predators.

§ 9799.36. Counseling of sexually violent predators.

(a) General rule.--A sexually violent predator who is not incarcerated shall be required to attend at least monthly counseling sessions in a program approved by the board and be financially responsible for all fees assessed from the counseling sessions. The board shall monitor the compliance of the sexually violent predator. If the sexually violent predator can prove to the satisfaction of the court that the sexually violent predator cannot afford to pay for the counseling sessions, the sexually violent predator shall nonetheless attend the counseling sessions, and the parole office shall pay the requisite fees.

(b) Designation in another jurisdiction.--If an individual specified in section 9799.13 (relating to applicability) has been designated as a sexually violent predator in another jurisdiction and was required to undergo counseling, the individual shall be subject to the provisions of this section.

(c) Penalty.--A sexually violent predator who knowingly fails to attend counseling sessions as provided in this section may be subject to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements).

(d) Notification.--A provider of counseling services under subsection (a) shall notify the district attorney of the county and the chief law enforcement officer, as defined in section 8951 (relating to definitions), of the municipality in the county and municipality where the provider is located that the provider is counseling sexually violent predators. Notifications under this subsection must be submitted in writing by January 15 of each year and shall include the address of the provider.

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; July 10, 2015, P.L.122, No.20, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)

2021 Unconstitutionality. Section 9799.36 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).

2019 Unconstitutionality. Section 9799.36 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments. Act 10 amended subsec. (b) and Act 29 reenacted subsec. (b). Section 20(1) of Act 10 provided that the amendment of section 9799.36 shall apply to an individual who commits an offense on or after December 20, 2012.

2015 Amendment. Act 20 added subsec. (d).

2012 Amendment. Act 91 amended subsec. (a).

2011 Amendment. Act 111 added section 9799.36.

Cross References. Section 9799.36 is referred to in sections 9718.1, 9799.15, 9799.16, 9799.21, 9799.22, 9799.23 of this title; section 4915.1 of Title 18 (Crimes and Offenses).