In re S.A.

925 A.2d 838, 2007 Pa. Super. 137, 2007 Pa. Super. LEXIS 1184
CourtSuperior Court of Pennsylvania
DecidedMay 17, 2007
StatusPublished
Cited by13 cases

This text of 925 A.2d 838 (In re S.A.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re S.A., 925 A.2d 838, 2007 Pa. Super. 137, 2007 Pa. Super. LEXIS 1184 (Pa. Ct. App. 2007).

Opinion

OPINION BY

STEVENS, J.:

¶ 1 Appellant, S.A., appeals from the order entered by the Court of Common Pleas of Wayne County, which committed him to immediate inpatient involuntary treatment to a facility designated by the Department of Public Welfare. Herein, Appellant challenges on various grounds the Involuntary Treatment of Certain Sex[840]*840ually Violent Persons Act, 42 Pa.C.S.A. §§ 6401-6409 (“Act 21”).1 We affirm.

¶ 2 By way of background, on December 15, 1999, Appellant, who was fourteen (14) years of age at the time, was adjudicated delinquent on two (2) counts of indecent assault by the Court of Common Pleas of Lackawanna County and directed to undergo evaluation. In March, 2000, the matter was transferred to Wayne County for disposition. Thereafter, in August, 2000, Appellant was placed in a specialized sex-offender treatment program in Latrobe, Pennsylvania. Following Appellant’s initial placement, review hearings were conducted approximately every six (6) months. These hearings result in the transfer of Appellant to various treatment facilities, including his August 4, 2004 transfer to a step-down program in Reading.2

¶ 3 Due to Appellant absconding from placement while in this program, an emergency detention hearing was held in February, 2005. Following the hearing, Appellant was transferred to Northwestern Academy Sexual Offenders Program.

¶ 4 On November 8, 2005, a hearing was held before the Wayne County Court, after which it was determined that there existed a prima facie case that Appellant was in need of involuntary treatment pursuant to Act 21.3 Subsequently, on March 10, 2006, the court held an involuntary commitment hearing pursuant to § 6403(c),4 and, thereafter, issued an order, which stated as follows:

[T]his Court, by clear and convincing evidence, finds that [Appellant] has a medical abnormality or personality disorder which results in serious difficulty in controlling sexually violent behavior that makes the person likely to engage in an act of sexual violence and directs the immediate commitment of [Appellant] for inpatient involuntary treatment to a facility designated by the Department of Public Welfare.

Order filed 3/13/06. The present appeal followed.5

[841]*841¶ 5 Herein, Appellant presents the following questions for review:

I. Did the trial court err as a matter of law in finding that the retroactive effect of Act 21 of 2008 is not barred by 1 Pa. C.S.A. Section 1926?
II. Did the trial court err as a matter of law in failing to find Act 21 of 2003 punitive rather than civil in its effect?
III. Did the trial court err as a matter of law in failing to find Act 21 of 2003 violates the ex post facto prohibitions of the U.S. Constitution and the Pennsylvania Constitution?
IV. Did the trial court err as a matter of law in find [sic] the Commonwealth has a compelling state interest in public safety with respect to Act 21 of 203[sic] and the required disclosures to mental health professionals present a ‘momentary inconvenience’?
V. Did the trial court err as a matter of law by failing to find Act 21 violates the privacy rights afforded by the Pennsylvania and U.S. Constitutions, by requiring disclosure to mental health professionals?
VI. Did the trial court err as a matter of law by faffing to find Act 21 of 2003 violates the Equal Protection guarantees of the Pennsylvania and U.S. Constitutions, and further erred by concluding Act 21 of 2003 is narrowly tailored to achieve a compelling state interest?
VII.Did the trial court err as a matter of law by faffing to find Act 21 of 2003 unconstitutionally vague and violative of the Due Process clauses as found in the Pennsylvania and U.S. Constitutions?

Brief of Appellant at 11 (suggested answers omitted).6

¶ 6 A challenge to the constitutionality of a statute presents this Court with a question of law; thus, our scope of review is plenary. See Theodore v. Delaware Valley School District, 575 Pa. 321, 836 A.2d 76 (2003). This review is guided by the following principles:

A statute will be found unconstitutional only if it clearly, palpably and plainly violates constitutional rights. Under well-settled principles of law, there is a strong presumption that legislative enactments do not violate the constitution. Further, there is a heavy burden of persuasion upon one who questions the constitutionality of an Act.

Commonwealth v. Leddington, 908 A.2d 328, 332 (Pa.Super.2006), quoting Commonwealth v. MacPherson, 561 Pa. 571, 580, 752 A.2d 384, 388 (2000) (internal quotation marks and citations omitted). We are mindful that, when interpreting a statute, courts must look to the statute [842]*842itself and give plain meaning to the words contained therein. See 1 Pa.C.S.A. § 1903.

¶ 7 Turning to Appellant’s first contention, he argues that the retroactive application of Act 21 violates 1 Pa.C.S.A. § 1926, which provides that, “No statute shall be construed to be retroactive unless clearly and manifestly so intended by the General Assembly.”7

¶ 8 Recently, in In the Interest of K.A.P., Jr., supra, this Court addressed the seemingly retroactive application of Act 21 by a trial court as follows:

Our understanding of the legal meaning of retroactivity is shaped by pronouncements from the highest courts in the land. As the U.S. Supreme Court has stated, “[a] statute does not operate ‘retrospectively’ merely because it is applied in a case arising from conduct antedating the statute’s enactment, or upsets expectations based in prior law.” The Pennsylvania Supreme Court has offered a similar directive: “a statute is not regarded as operating retroactively because of the mere fact that it relates to antecedent events, or draws upon antecedent facts for its operation.” “Rather, the court must ask whether the new provision attaches new legal consequences to events completed before its enactment.” Retroactive application occurs only when the statute or rule “relates back and gives a previous transaction a legal i effect different from that which it had under the law in effect when it transpired.”
Our Supreme Court and this Court have also considered the issue of retroactivity in terms of whether or not the statute in question affects vested rights.
Where ... no vested right or contractual' obligation is involved, an act is not retroactively construed when applied to a condition existing on its effective date even though the condition results from events prior to that date ...
A ‘vested right’ is one that ‘so completely and definitely belongs to a person that it cannot be impaired or taken away without the person’s consent.’

Id.

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Bluebook (online)
925 A.2d 838, 2007 Pa. Super. 137, 2007 Pa. Super. LEXIS 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sa-pasuperct-2007.