Under Pennsylvania law, following a conviction, but before sentencing, the court must order a person convicted of a sexually violent offense to undergo an assessment by the Sexual Offenders Assessment Board (SOAB). This order must be sent to the SOAB within 10 days from the date of the conviction.
Pennsylvania law also directs the SOAB to submit the completed court-ordered assessment to the prosecutor (District Attorney) no later than 90 days from the date of conviction of the defendant.
Upon receipt of the assessment, the prosecutor determines if a hearing is to be held to determine the offender's status as a sexually violent predator. The Commonwealth must prove by clear and convincing evidence that the offender is a sexually violent predator. If the prosecutor chooses to pursue this classification, he/she shall file a praecipe to schedule a hearing. A copy of the praecipe is served upon the defense counsel together with a copy of the assessment.