Van Doren v. Mazurkiewicz

695 A.2d 967, 1997 Pa. Commw. LEXIS 268
CourtCommonwealth Court of Pennsylvania
DecidedJune 12, 1997
StatusPublished
Cited by25 cases

This text of 695 A.2d 967 (Van Doren v. Mazurkiewicz) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Doren v. Mazurkiewicz, 695 A.2d 967, 1997 Pa. Commw. LEXIS 268 (Pa. Ct. App. 1997).

Opinion

DOYLE, Judge.

This case involves preliminary objections filed by the Attorney General of Pennsylvania and Joseph F. Mazurkiewicz (collectively, Respondents), the Superintendent of the State Correctional Institution-Rockview (SCI-Rockview), in response to the Petition for Review filed by Roy A. Van Doren, Jr., an inmate at SCI-Rockview, which challenges the constitutionality of the registration provisions for sex offenders set forth in 42 Pa.C.S. §§ 9791-9799.6, commonly known as “Megan’s Law.”1

This action was apparently precipitated by a memorandum circulated by Superintendent Mazurkiewicz, which was attached as an exhibit to Van Doren’s original Petition for Review, although not attached as an exhibit to his Amended Petition for Review. Apparently, the memorandum circulated by Respondent Mazurkiewicz informed inmates that, in accord with the provisions of Megan’s Law,

[A]ny inmate who will be released from this institution and has completed his en[969]*969tire sentence will be notified at least ten (10) days prior to his max date ... that he is required to register under this new law. Any inmate who fails to sign these two (2) registration forms will be committing a felony of the third degree and subsequently will be arrested by the Pennsylvania State Police in violation of this law.

(Exhibit A to Petition for Review at 1.) (Emphasis added.)

According to the averments in Van Doren’s Amended Petition for Review, he is currently serving a mandatory ten-year prison sentence at SCI-Rockview, which is scheduled to expire on March 28, 1998, for convictions in Wayne County for the crimes of statutory rape (18 Pa.C.S. § 3122), involuntary deviate sexual intercourse with someone under 16 years of age (18 Pa.C.S. § 3128(a)(7), formerly 3123(5)), indecent assault (18 Pa.C.S. § 3126), and incest (18 Pa.C.S. § 4302).

On June 3, 1996, Van Doren instituted the present action by filing a Petition for Review, requesting injunctive and declaratory relief and challenging the constitutionality of the registration provisions of Megan’s Law. On August 27, 1996, Van Doren filed an Amended Petition for Review, to which the Attorney General and Respondent Mazurkiewiez filed preliminary objections on October 28, 1996, and November 22,1996, respectively.

Megan’s Law essentially provides that those convicted of certain specified crimes must “register” in accordance with the provisions of the legislation. The crimes requiring registration are enumerated in Section 9793(b) of Megan’s Law, which provides:

(b) Persons required to register.—
(1) Persons convicted of any of the following offenses that are classified as a felony and involve a victim who is a minor:
18 Pa.C.S. § 2901 (relating to kidnapping) except by a parent.
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses).
18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to obscene and other sexual materials and performances).
(2) Persons convicted of any of the following offenses regardless of the age of the victim:
18 Pa.C.S. § 3121 [ (relating to rape) ].
18 Pa.C.S. § 3123 [ (relating to involuntary deviate sexual intercourse) ].
18 Pa.C.S. § 3125 [(relating to aggravated indecent assault) ].
18 Pa.C.S. § 3128(a) and (b) (relating to spousal sexual assault).

42 Pa.C.S. § 9793(b)(l)-(2). Offenders required to register under Megan’s Law must do so in accordance with Section 9793(a), which pertinently provides:

(a) Registration. — A person convicted of any of the offenses set forth in subsection (b) shall be required to register a current address with the Pennsylvania State Police upon release from incarceration. ... The Department of Corrections shall not release the offender until it receives verification from the Pennsylvania State Police that it has received the registration information. Where the offender is scheduled to be released from a state correctional facility due to the expiration of the maximum term of incarceration, the Department of Corrections shall collect the information from the offender no later than ten days prior to the maximum expiration date. The Department of Corrections shall forward the registration information to the Pennsylvania State Police. Where the offender scheduled to be released due to the maximum expiration date refuses to provide the registration information, the Department of Corrections shall notify the Pennsylvania State Police of the failure to provide registration information and of the expected date, time and location of the release of the offender.... The offender shall inform the Pennsylvania State Police within ten days if the offender changes residence_ The period of registration shall be ten years. [970]*970enforcement officer of the municipality in which the sex offender will reside.2

[969]*96942 Pa.C.S. § 9793(a). The registration information is then provided to the chief law

[970]*970Megan’s Law also classifies certain sex offenders as “sexually violent predators,”3 who must register in accordance with 42 Pa.C.S. § 9795.4 The critical difference between the two designations is that, in the case of sexual offenders, the registration information is disseminated only to local law enforcement officials, whereas in the case of “sexually violent predators,” the registration information is disseminated on a much broader scale pursuant to Section 9798(b):

(b) To whom written notice is provided. — The chief law enforcement officer shall provide written notice, under subsection [9798](a), to the following persons:
(1) Neighbors of the sexually violent predator.
(2) The director of the county children and youth service agency of the county where the sexually violent predator resides.
(3) The superintendent of each school district and the equivalent official for private and parochial schools enrolling students up through grade 12 in the municipality.
(4) The director of each licensed day care center and licensed preschool program in the municipality.
(5) The president of each college, university and community college located within 1,000 feet of a sexually violent predator’s address.

42 Pa.C.S. § 9798(b).

There is, therefore, a discemable difference between the mere registration of a “sexual offender” and the registration and broader notification provisions applicable to a “sexually violent predator.”

We should first note that, although in his petition for review Van Doren invokes this Court’s original jurisdiction pursuant to Section 761 of the Judicial Code, 42 Pa.C.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

D.A. Bell, Sr. v. PBPP
Commonwealth Court of Pennsylvania, 2024
Com. v. Crawford, R.
Superior Court of Pennsylvania, 2023
F.L. Bill, Jr. v. F. Noonan
Commonwealth Court of Pennsylvania, 2019
V. Young III v. PSP
Commonwealth Court of Pennsylvania, 2018
J. Beers v. PA State Police
Commonwealth Court of Pennsylvania, 2018
L.A. Padgett v. F. Noonan
Commonwealth Court of Pennsylvania, 2018
Commonwealth v. Muniz, J., Aplt.
164 A.3d 1189 (Supreme Court of Pennsylvania, 2017)
J. Taylor v. The PSP of the Commonwealth of PA
132 A.3d 590 (Commonwealth Court of Pennsylvania, 2016)
Nieves v. Pennsylvania Board of Probation & Parole
983 A.2d 236 (Commonwealth Court of Pennsylvania, 2009)
Commonwealth v. Tsopanis-Sellari
9 Pa. D. & C.5th 165 (Berks County Court of Common Pleas, 2009)
Met-Ed Industrial Users Group v. Pennsylvania Public Utility Commission
960 A.2d 189 (Commonwealth Court of Pennsylvania, 2008)
Cohen v. City of Philadelphia
806 A.2d 905 (Commonwealth Court of Pennsylvania, 2002)
Commonwealth v. Bannigan
60 Pa. D. & C.4th 55 (Bucks County Court of Common Pleas, 2001)
Dial v. Vaughn
733 A.2d 1 (Commonwealth Court of Pennsylvania, 1999)
Jamison v. People
988 P.2d 177 (Colorado Court of Appeals, 1999)
Chem v. Horn
725 A.2d 226 (Commonwealth Court of Pennsylvania, 1999)
Commonwealth v. Halye
719 A.2d 763 (Superior Court of Pennsylvania, 1998)
Commonwealth v. Mountain
711 A.2d 473 (Superior Court of Pennsylvania, 1998)
Doe v. Attorney General
426 Mass. 136 (Massachusetts Supreme Judicial Court, 1997)
Commonwealth v. Werner
38 Pa. D. & C.4th 488 (Lehigh County Court of Common Pleas, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
695 A.2d 967, 1997 Pa. Commw. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-doren-v-mazurkiewicz-pacommwct-1997.