If the Commonwealth has met the burden of proof and the court finds by clear and convincing evidence that the defendant is a sexually violent predator, the offender will be sentenced in accordance with sentencing guidelines, including applicable three strikes penalties. The court will also advise the offender that he will be subject to:
• Community notification
• Life-time registration
• Quarterly verification of registration
• Life-time counseling (at a minimum of one session per month)
IF the sentencing court determines that the offender is not a sexually violent predator, the sentence will be in accordance with sentencing guidelines.
The court also will advise the offender of his requirement to register his address with the Pennsylvania State Police. Registration for sexual offenders, who are not sexually violent predators or repeat offenders or have not committed any offense requiring lifetime registration, is for a period of 10 years. There is NO community notification.
The sentencing court is required to send notice of conviction to the Pennsylvania Sexual Offenders Assessment Board, the offender, the District Attorney, the Pennsylvania Board of Probation and Parole, and the Department of Corrections.
RECONSIDERATION: Federal regulations prohibit reconsideration of the sexually violent predator designation under circumstances other than a conviction that was subsequently vacated or a subsequent acquittal.