I promised Nak that I would read all the documents regarding removal from the Pennsylvania sex offender registry when I finally had some free time.  The following information should help Nak and faerydark, since they have loved ones on the Pennsylvania sex offender registry but are unclear when or if they will be removed.

I read the entire Pennsylvania Supreme Court ruling in the Muniz decision, which basically said that the harsher requirements of SORNA are punitive and therefore could not be retroactively applied to offenders whose date of conviction was prior to December 20, 2012, the date that SORNA was implemented in Pennsylvania.

The Muniz decision led to the Pennsylvania legislature to enact another law---HB 631.

Then I read the law---HB 631 or Act 10---recently signed into legislation in Pennsylvania a few months ago.  This bill is one of the most complicated and poorly worded bill I have ever seen.  It is 113 pages long and very poorly written, but I understand it fairly well.  I had to read it three times to fully understand it.

So, here is where we stand regarding registration in Pennsylvania as I understand it.  Please note, that I think HB 631 may also be challenged in court at some time in the future.

Registrants are now divided into two groups: those whose crimes were either before or after December 20, 2012, which is the date SORNA was enacted in Pennsylvania.  A registrant will be required to register for either 10 years or for life under the Act 10 legislation.

There are only five predicate offenses that mandate lifetime registration: rape, IDSI, sexual assault, aggravated indecent assault, and incest where the victim is under age 12.

If a registrant was convicted AFTER December 20, 2012, a few changes were made. 

Specifically, after three years of compliance with the law, the duty to appear in person will become annual rather than semi-annual or quarterly. Also, there will be a telephone process for submitting changes to registry information. The effect is to reduce the number of times you have to appear in-person.  The registrants convicted after December 20, 2012, will retain their tier levels.

Also in the new law, there is a mandated three year probation period for tier 3 registrants after they have maxed out their court mandated sentence. 

For the registrants who were convicted BEFORE December 20, 2012, the new law is very similar to Megan’s Law II, which took effect on May 10, 2000. This law is retroactive to anyone who was required to register under Megan’s Law II unless their ten year term had been satisfied.

Individuals whose crimes were BEFORE December 20, 2012 and whose crimes are ten-year offenses must complete their ten-year period with credit for all time on the registry (and out of custody) as of the date the law takes effect.

For example, if a registrant began registering in May 2010, then his registration period would end in May 2020.  His registration requirements would revert to the requirements in effect at the time of his conviction and would be given credit for all the time he has spent on the registry.

HB 631 also offers relief from the registry after 25 years through a court process. This is especially important for those who remain in Tier III or life-time registration, including those declared to be SVPs and SVDCs.

Please note that the registration time does not include the time an offender is incarcerated.  In other words, the time runs from the date he is released from prison. Registration begins at the time of conviction, except that any time spent in jail or prison will not count.

To faerydark, you said, “My hubby was sentenced to 10 years on the registry in 2009. In december 2012, he was moved from Level one to tier 3 and made a Lifetime registrant.”

If your husband began registering in 2009, then he will have served his 10 year period in 2019, and he should be removed in 2019.  People with a conviction date before December 20, 2012, are required to be on the registry for a total of 10 years, unless their crime mandated lifetime registration.  If I remember your husband’s case correctly, his crime was not an offense that required lifetime registration.

Nak, your son is entitled to some relief as he was convicted before December 12, 2012.  He should be removed from the Pennsylvania sex offender registry once he has completed 10 years commencing on the date he was released from prison. 

I am not an attorney, but I have studied these laws rather closely, and I do understand them.

If anyone has any questions, please feel free to contact me.

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