The Pennsylvania Commission on Sentencing shall establish procedures to enable courts to classify sexual offenders as provided in section 9799.23 (relating to court notification and classification requirements).
(Dec. 20, 2011, P.L.446, No.111, eff. one year)
2021 Unconstitutionality. Section 9799.40 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality. Section 9799.40 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2011 Amendment. Act 111 added section 9799.40.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Section 9701 - Short title of chapter
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Section 9720.1 - Restitution for identity theft (Repealed)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 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 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 9799.13 - Applicability
Section 9799.14 - Sexual offenses and tier system
Section 9799.15 - Period of registration
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 9799.23 - Court notification and classification requirements
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 9799.36 - 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 9799.42 - Standing for Pennsylvania State Police
Section 9799.51 - Legislative findings and declaration of policy
Section 9799.54 - Applicability
Section 9799.55 - Registration
Section 9799.56 - Registration procedures and applicability
Section 9799.57 - Sentencing court information
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 9799.70 - 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