Public Saftey Role

Pennsylvania's sex offender registration statute establishes the state Sexual Offenders Assessment Board (SOAB). According to the statute, the Board must be comprised of psychologists, psychiatrists and criminal justice officials, who are experts in the assessment and treatment of sexual offenders. Board members are appointed by the Governor and are supported by a full-time staff. The SOAB assessment process is initiated when the sentencing court submits an order to the SOAB. Pennsylvania law requires that after a conviction for a sexually violent offense, but prior to sentencing, the court shall order the individual to be assessed by the Board to determine if the individual meets the legal criteria to be designated a sexually violent predator (SVP).

The SOAB process includes:

Prosecution 

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 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.

Investigation 

An SOAB investigator is assigned to the individual’s case upon receipt of the order. The investigator gathers all available and relevant records and information. Pennsylvania law requires that "all state, county, and local agencies, offices or entities in this Commonwealth, shall cooperate by providing copies of records and information as requested by the Board in connection with the court ordered assessment and the assessment requested by the Pennsylvania Parole Board."

The type of information gathered includes: interview of offender (should he/she choose to participate), police reports, victim statements, prior criminal history, county and state probation/parole records, county and state prison treatment records, prior and contemporaneous pre-sentence investigations, children and youth records, CHILDLINE records, and other criminal/social service agency records and interviews.

All offenders are fully informed of the scope of the process, the right to have their attorney present and the right to not participate in the SOAB interviews. They acknowledge their understanding of this process and rights by signing an Informed Consent Form.

The completed investigation is then forwarded to the assigned Sexual Offenders Assessment Board Member.

Assessment 

The Board Member assigned to the court-ordered assessment must form an opinion regarding whether the offender meets the legal criteria for classification as a sexually violent predator (SVP).  The law defines an SVP as a person who has been convicted of a sexually violent offense and due to a mental abnormality or personality disorder, the person is likely to engage in future predatory sexually violent offenses.

The assessment must be presented to the District Attorney of the county of conviction within 90 days from the date of conviction. A copy of the assessment is also provided to the agency preparing the pre-sentence investigation.

Sentencing 

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. 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.