Pennsylvania § 9799.35 Board

Pennsylvania Statutes

§ 9799.35 — Board

Pennsylvania § 9799.35

JurisdictionPennsylvania

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART VIII

Ch. 97SENTENCING

Subch.REGISTRATION OF SEXUAL OFFENDERS

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Bluebook

42 Pa. Cons. Stat. § 9799.35 (2026).

Text

(a)Composition.--The board shall be composed of psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.

(b)Appointment.--The Governor shall appoint the board members.

(c)Term of office.--Members of the board shall serve four-year terms.

(d)Compensation.--The members of the board shall be compensated at a rate of $350 per assessment and receive reimbursement for their actual and necessary expenses while performing the business of the board. The chairman shall receive $500 additional compensation annually.

(e)Staff.--The board shall employ an executive director and other staff as necessary to carry out the board's duties under this chapter. The executive director shall direct the operations,

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(a) Composition.--The board shall be composed of psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.

(b) Appointment.--The Governor shall appoint the board members.

(c) Term of office.--Members of the board shall serve four-year terms.

(d) Compensation.--The members of the board shall be compensated at a rate of $350 per assessment and receive reimbursement for their actual and necessary expenses while performing the business of the board. The chairman shall receive $500 additional compensation annually.

(e) Staff.--The board shall employ an executive director and other staff as necessary to carry out the board's duties under this chapter. The executive director shall direct the operations, management and administration of the board and organize and oversee the work of the staff. Legal counsel for the board shall be provided in accordance with the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. Upon request by the board, the Department of Corrections shall make available facilities, administrative support and other assistance to the board.

Legislative History

(Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.) 2025 Repeal.Section 48(13) of Act 45 provided that subsec. (d) was repealed insofar as it is inconsistent with the addition of section 1799.11-E of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code. 2021 Amendment.Act 59 amended subsec. (e). 2021 Unconstitutionality.Section 9799.35 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality.Section 9799.35 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 9799.35.