Pennsylvania § 9799.38 - Annual performance audit.

§ 9799.38. Annual performance audit.

(a) Duties of the Attorney General.--The Attorney General has the following duties:

(1) To conduct a performance audit annually to determine compliance with the requirements of this subchapter and Subchapter I (relating to continued registration of sexual offenders) and any guidelines promulgated under this subchapter and Subchapter I. The audit shall, at a minimum, include a review of the practices, procedures and records of the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts and any other State or local agency the Attorney General deems necessary in order to conduct a thorough and accurate performance audit.

(2) To prepare an annual report of its findings and any action that it recommends be taken by the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts, other State or local agencies and the General Assembly to ensure compliance with this subchapter and Subchapter I. The first report shall be released to the general public no fewer than 18 months after December 20, 2012.

(3) To provide a copy of its report to the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts, State or local agencies referenced in the report, the chairman and the minority chairman of the Judiciary Committee of the Senate and the chairman and the minority chairman of the Judiciary Committee of the House of Representatives no fewer than 30 days prior to its release to the general public.

(b) Cooperation required.--Notwithstanding any other provision of law to the contrary, the Pennsylvania State Police, the Department of Corrections, the board, the Administrative Office of Pennsylvania Courts, the Pennsylvania Commission on Sentencing and any other State or local agency requested to do so shall fully cooperate with the Attorney General and assist the Office of Attorney General in satisfying the requirements of this section. For purposes of this subsection, full cooperation shall include, at a minimum, complete access to unredacted records, files, reports and data systems.

(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.260, No.59, eff. imd.)

2021 Unconstitutionality. Section 9799.38 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).

2019 Unconstitutionality. Section 9799.38 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. (a)(1) and (2) and Act 29 reenacted and amended subsec. (a)(1) and (2). Act 29 overlooked the amendment by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.38. Section 20(1) of Act 10 provided that the amendment of section 9799.38 shall apply to an individual who commits an offense on or after December 20, 2012.