Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 97 - Sentencing
Section 9799.32 - Pennsylvania State Police and Department of Corrections


The Pennsylvania State Police have the following duties:
(1) To create and maintain the Statewide registry of sexual offenders in conformity with the provisions of this subchapter.
(2) In consultation with the Department of Corrections, the Office of Attorney General, the Juvenile Court Judges' Commission, the Administrative Office of Pennsylvania Courts and the chairman and minority chairman of the Judiciary Committee of the Senate and the chairman and minority chairman of the Judiciary Committee of the House of Representatives, to promulgate guidelines necessary for the general administration of this subchapter. These guidelines shall establish procedures to allow an individual subject to the requirements of this subchapter, including a transient, to fulfill these requirements at approved registration sites throughout this Commonwealth. The Pennsylvania State Police shall publish a list of approved registration sites in the Pennsylvania Bulletin and provide a list of approved registration sites in any notice sent to individuals required to register under this subchapter. An approved registration site shall be capable of submitting fingerprints, palm prints, DNA samples and any other information required electronically to the Pennsylvania State Police. The Pennsylvania State Police shall require that approved registration sites submit fingerprints utilizing the Integrated Automated Fingerprint Identification System or in another manner and in such form as the Pennsylvania State Police shall require. Approved registration sites shall not be limited to sites managed by the Pennsylvania State Police and shall include sites managed by local law enforcement agencies that meet the criteria for approved registration sites set forth in this paragraph.
(3) To write guidelines regarding neighbor notification under section 9799.27(b)(1) (relating to other notification).
(4) Within three business days, to transfer information as set forth in section 9799.18 (relating to information sharing).
(5) To enforce the provisions of this subchapter as set forth in section 9799.22 (relating to enforcement).
(6) To facilitate verification of information from individuals under section 9799.13 (relating to applicability) as provided in section 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police).
(7) In consultation with the Department of Education and the Department of Corrections, to promulgate guidelines directing licensed day-care centers, licensed preschool programs, schools, universities and colleges, including community colleges, on the proper use and administration of information received under section 9799.27.
(8) In consultation with the Department of Corrections, to promulgate guidelines directing State and county correctional facilities and State and county probation and parole offices regarding the completion of information, including the taking of photographs, required by sexual offenders under this subchapter.
(9) In consultation with the Administrative Office of Pennsylvania Courts, the Department of Human Services and the Juvenile Court Judges' Commission, to promulgate guidelines regarding the completion of information required by juvenile offenders and sexually violent delinquent children under this subchapter.
(10) To develop the telephonic verification system established under section 9799.25.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. imd.; 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 Amendment. Act 59 amended the section heading and pars. (2), (7), (8) and (9).
2021 Unconstitutionality. Section 9799.32 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality. Section 9799.32 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2018 Amendments. Act 10 amended par. (6) and added par. (10) and Act 29 reenacted pars. (6) and (10). Section 20(1) of Act 10 provided that the amendment of section 9799.32 shall apply to an individual who commits an offense on or after December 20, 2012.
2012 Amendment. Act 91 amended par. (3).
2011 Amendment. Act 111 added section 9799.32.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 42 - JUDICIARY AND JUDICIAL PROCEDURE

Chapter 97 - Sentencing

Extra - Chapter Notes

Section 9701 - Short title of chapter

Section 9702 - Definitions

Section 9703 - Scope of chapter

Section 9711 - Sentencing procedure for murder of the first degree

Section 9711.1 - Sentencing for certain murders of infant persons

Section 9712 - Sentences for offenses committed with firearms

Section 9712.1 - Sentences for certain drug offenses committed with firearms

Section 9713 - Sentences for offenses committed on public transportation

Section 9714 - Sentences for second and subsequent offenses

Section 9715 - Life imprisonment for homicide

Section 9716 - Two or more mandatory minimum sentences applicable

Section 9717 - Sentences for offenses against elderly persons

Section 9718 - Sentences for offenses against infant persons

Section 9718.1 - Sexual offender treatment

Section 9718.2 - Sentences for sexual offenders

Section 9718.3 - Sentence for failure to comply with registration of sexual offenders (Expired)

Section 9718.4 - Sentence for failure to comply with registration of sexual offenders

Section 9718.5 - Mandatory period of probation for certain sexual offenders

Section 9719 - Sentences for offenses committed while impersonating a law enforcement officer

Section 9719.1 - Sentences for offenses committed against law enforcement officer

Section 9720 - Sentencing for criminal mischief

Section 9720.1 - Restitution for identity theft (Repealed)

Section 9720.2 - Sentencing for trafficking of persons

Section 9720.3 - Sentencing for certain paroled offenders

Section 9720.4 - Sentencing for offenses committed in association with a criminal gang

Section 9720.5 - Sentencing for offenses involving sexual abuse of children

Section 9720.6 - Sentencing for arson offenses

Section 9720.7 - Sentencing for burglary

Section 9720.8 - Sentencing for offenses involving domestic violence in the presence of a minor

Section 9721 - Sentencing generally

Section 9722 - Order of probation

Section 9723 - Determination of guilt without further penalty

Section 9724 - Partial confinement

Section 9725 - Total confinement

Section 9726 - Fine

Section 9727 - Disposition of persons found guilty but mentally ill

Section 9728 - Collection of restitution, reparation, fees, costs, fines and penalties

Section 9729 - Intermediate punishment (Repealed)

Section 9730 - Payment of court costs, restitution and fines

Section 9730.1 - Collection of court costs, restitution and fines by private collection agency

Section 9730.2 - Sentence of community service

Section 9730.3 - Counseling services for victims of sexual abuse (Repealed)

Section 9731 - Requirement for presentence investigation and report

Section 9732 - Contents of presentence report

Section 9733 - General principles of disclosure of presentence report

Section 9734 - Disclosure of presentence report to the parties

Section 9735 - Objections to contents of presentence report

Section 9736 - Report of psychiatric evaluation

Section 9737 - Report of outstanding charges and sentences

Section 9738 - Victim impact statements

Section 9751 - Sentencing judge

Section 9752 - Sentencing proceeding generally

Section 9753 - Determination of guilt without further penalty

Section 9754 - Order of probation

Section 9755 - Sentence of partial confinement

Section 9755.1 - Temporary release from county correctional institution

Section 9756 - Sentence of total confinement

Section 9757 - Consecutive sentences of total confinement for multiple offenses

Section 9758 - Fine

Section 9759 - Record

Section 9760 - Credit for time served

Section 9761 - Computation and order of service of sentences

Section 9762 - Sentencing proceeding; place of confinement

Section 9763 - Conditions of probation

Section 9764 - Information required upon commitment and subsequent disposition

Section 9765 - Merger of sentences

Section 9771 - Modification or revocation of order of probation

Section 9771.1 - Court-imposed sanctions for violating probation

Section 9772 - Failure to pay fine

Section 9773 - Modification or revocation of county intermediate punishment sentence (Repealed)

Section 9774 - Revocation of State intermediate punishment sentence (Repealed)

Section 9775 - Parole without board supervision

Section 9776 - Judicial power to release inmates

Section 9777 - Transfer of inmates in need of medical treatment

Section 9781 - Appellate review of sentence

Section 9791 - Legislative findings and declaration of policy (Expired)

Section 9792 - Definitions (Expired)

Section 9793 - Registration of certain offenders for ten years (Deleted by amendment)

Section 9794 - Designation of sexually violent predators (Deleted by amendment)

Section 9795 - Registration of offenders (Deleted by amendment)

Section 9795.1 - Registration (Expired)

Section 9795.2 - Registration procedures and applicability (Expired)

Section 9795.3 - Sentencing court information (Expired)

Section 9795.4 - Assessments (Expired)

Section 9795.5 - Exemption from certain notifications (Expired)

Section 9796 - Verification of residence (Expired)

Section 9797 - Victim notification (Expired)

Section 9798 - Other notification (Expired)

Section 9798.1 - Information made available on the Internet and electronic notification (Expired)

Section 9798.2 - Administration (Expired)

Section 9798.3 - Global positioning system technology (Expired)

Section 9799 - Immunity for good faith conduct (Expired)

Section 9799.1 - Duties of Pennsylvania State Police (Expired)

Section 9799.2 - Duties of Pennsylvania Board of Probation and Parole (Expired)

Section 9799.3 - Board (Expired)

Section 9799.4 - Counseling of sexually violent predators (Expired)

Section 9799.5 - Exemption from notification (Deleted by amendment)

Section 9799.6 - Applicability (Deleted by amendment)

Section 9799.7 - Exemption from notification for certain licensees and their employees (Expired)

Section 9799.8 - Annual performance audit (Expired)

Section 9799.9 - Photographs and fingerprinting (Expired)

Section 9799.10 - Purposes of subchapter

Section 9799.11 - Legislative findings, declaration of policy and scope

Section 9799.12 - Definitions

Section 9799.13 - Applicability

Section 9799.14 - Sexual offenses and tier system

Section 9799.15 - Period of registration

Section 9799.16 - Registry

Section 9799.17 - Termination of period of registration for juvenile offenders

Section 9799.18 - Information sharing

Section 9799.19 - Initial registration

Section 9799.20 - Duty to inform

Section 9799.21 - Penalty

Section 9799.22 - Enforcement

Section 9799.23 - Court notification and classification requirements

Section 9799.24 - Assessments

Section 9799.25 - Verification by sexual offenders and Pennsylvania State Police

Section 9799.26 - Victim notification

Section 9799.27 - Other notification

Section 9799.28 - Public Internet website

Section 9799.29 - Administration

Section 9799.30 - Global positioning system technology

Section 9799.31 - Immunity for good faith conduct

Section 9799.32 - Pennsylvania State Police and Department of Corrections

Section 9799.33 - Duties of Department of Corrections and probation and parole officials

Section 9799.34 - Duties of facilities housing sexual offenders

Section 9799.35 - Board

Section 9799.36 - Counseling of sexually violent predators

Section 9799.37 - Exemption from notification for certain licensees and their employees

Section 9799.38 - Annual performance audit

Section 9799.39 - Photographs and fingerprinting

Section 9799.40 - Duties of Pennsylvania Commission on Sentencing

Section 9799.41 - Expiration

Section 9799.42 - Standing for Pennsylvania State Police

Section 9799.51 - Legislative findings and declaration of policy

Section 9799.52 - Scope

Section 9799.53 - Definitions

Section 9799.54 - Applicability

Section 9799.55 - Registration

Section 9799.56 - Registration procedures and applicability

Section 9799.57 - Sentencing court information

Section 9799.58 - Assessments

Section 9799.59 - Exemption from certain notifications

Section 9799.60 - Verification of residence

Section 9799.61 - Victim notification

Section 9799.62 - Other notification

Section 9799.63 - Information made available on Internet and electronic notification

Section 9799.64 - Administration

Section 9799.65 - Global positioning system technology

Section 9799.66 - Immunity for good faith conduct

Section 9799.67 - Duties of Pennsylvania State Police

Section 9799.68 - Duties of Department of Corrections

Section 9799.69 - Board

Section 9799.70 - Counseling of sexually violent predators

Section 9799.71 - Exemption from notification for certain licensees and their employees

Section 9799.72 - Annual performance audit

Section 9799.73 - Photographs and fingerprinting

Section 9799.74 - Standing for Pennsylvania State Police

Section 9799.75 - Construction of subchapter