SOAB Process Overview

Public Safety 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.

Registration - 

Pennsylvania law requires offenders who committed sexually violent offenses after December 20, 2012, and were later convicted of these offenses, to register for a period of 15 years (Tier 1), 25 years (Tier 2) or life (Tier 3) based on their crime of conviction. Please see the PSP Megan's Law website for a list of all sexually violent offenses and their corresponding tiers.

    Access to the Registry

    Pennsylvania’s Sex Offender Registry is maintained by the PSP. Pennsylvania’s statute is very specific about what information may be released to the public. Currently, all information legally permitted for     release is posted on the PSP Megan’s Law website.

    The following information on registered Sexually Violent Predators (SVPs) is available on the website:

  • Name and any aliases
  • Year of birth
  • The street address, city, county, and zip code of all residences
  • The street address, city, county, and zip code of any institution or location at which the offender is enrolled as a student
  • The city, county, and zip code of any employment location
  • A photograph of the offender, which shall be updated not less than annually
  • A description of the offense, which triggered registration
  • The date of conviction, if available

    The following information on registered sex offenders is available on the website:

  • Name and any aliases
  • Year of birth
  • The street address, city, county, and zip code of all residences
  • The street address, city, county, and zip code of any institution or location at which the offender is enrolled as a student
  • The city, county, and zip code of any employment location
  • A photograph of the offender, which shall be updated not less than annually
  • A description of the offense, which triggered registration
  • The date of conviction, if available

Notification - 

Active community notification - as applied to offenders registered under Title 42, Chapter 97, Subchapters H & I - can only take place for a sexual offender who has been given either a Sexually Violent Predator (SVP) or a Sexually Violent Delinquent Child (SVDC) designation.

The Pennsylvania State Police (PSP) will provide community notification flyers to the police departments with primary jurisdiction over the municipalities where the SVP or out-of-state offender resides. Included with the community notification flyers are instructions for the police departments on how to perform community notification. 

The community notification flyers contain the following information:

  • The name of the Sexually Violent Predator/Sexually Violent Delinquent Child
  • The address or addresses in which he/she resides
  • The offense(s) for which he/she was convicted/adjudicated
  • A statement that he/she has been determined by a Court to be a Sexually Violent Predator or Sexually Violent Delinquent Child
  • A photograph of the Sexually Violent Predator/Sexually Violent Delinquent Child

NOTE: The community notification flyers will not include any information that might reveal the victim's name, identity, and residence.

The chief law enforcement officer of the police department of the municipality where a Sexually Violent Predator or Sexually Violent Delinquent Child resides is responsible for community notification

Persons who will be notified include:

  • Neighbors of the Sexually Violent Predator/Sexually Violent Delinquent Child (includes neighbors of the homeless/transient Sexually Violent Predator or homeless/transient Sexually Violent Delinquent Child)
  • The director of the county children and youth service agency of the county where the Sexually Violent Predator/Sexually Violent Delinquent Child resides or is homeless/transient
  • The superintendent of each school district and the equivalent official for private and parochial schools enrolling students through grade 12 in the municipality where the Sexually Violent Predator/Sexually Violent Delinquent Child resides or is homeless/transient
  • The superintendent of each school district and the equivalent official for each private and parochial school located within a one-mile radius of where the Sexually Violent Predator/Sexually Violent Delinquent Child resides or is homeless/transient
  • The licensee of each certified day care center and licensed preschool program and owner/operator of each registered family day-care home in the municipality where the Sexually Violent Predator/Sexually Violent Delinquent Child resides or is homeless/transient
  • The president of each college, university, and community college located within 1,000 feet of a Sexually Violent Predator's or Sexually Violent Delinquent Child residence (Within 1,000 feet of where a homeless/transient Sexually Violent Predator’s or Sexually Violent Delinquent Child maintains a temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park, where the individual is lodged)