Reply To: AWA Loses in Pennsylvania’s Highest Court

P. Robles

Thank you Terry! I read ACT 111 of December 20, 2011. Here it is but be aware that it is very long, –Please mods, check the legitimacy of the link and approve it, please–

I particularly focused on this part, *bunch of hypocrites elitists*

§ 6409. Immunity for good faith conduct.

The following entities shall be immune from liability for good faith conduct under this subchapter:

(1) Members of the board and its agents and employees.

(2) The department and its agents and employees.

(3) County probation departments and their agents and employees.

(4) Providers of involuntary outpatient treatment and their agents and employees.

Section 7. Section 9791 of Title 42 is amended to read:

§ 9791. Legislative findings and declaration of policy.

(a) Legislative findings.–It is hereby determined and declared as a matter of legislative finding:

(1) If the public is provided adequate notice and information about sexually violent predators and certain other offenders, including those sexually violent predators and offenders who do not have a fixed place of habitation or abode, the community can develop constructive plans to prepare themselves and their children for the offender’s release. This allows communities to meet with law enforcement to prepare and obtain information about the rights and responsibilities of the community and to provide education and counseling to their children.

(2) These sexually violent predators pose a high risk of engaging in further offenses even after being released from incarceration or commitments and that protection of the public from this type of offender is a paramount governmental interest.

(3) The penal and mental health components of our justice system are largely hidden from public view and lack of information from either may result in failure of both systems to meet this paramount concern of public safety.

(4) Overly restrictive confidentiality and liability laws governing the release of information about sexually violent predators have reduced the willingness to release information that could be appropriately released under the public disclosure laws and have increased risks to public safety.

(5) Persons found to have committed such an offense have a reduced expectation of privacy because of the public’s interest in public safety and in the effective operation of government.

(6) Release of information about sexually violent predators to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.

[(b) Declaration of policy.–It is hereby declared to be the intention of the General Assembly to protect the safety and general welfare of the people of this Commonwealth by providing for registration and community notification regarding sexually violent predators who are about to be released from custody and will live in or near their neighborhood. It is further declared to be the policy of this Commonwealth to require the exchange of relevant information about sexually violent predators among public agencies and officials and to authorize the release of necessary and relevant information about sexually violent predators to members of the general public as a means of assuring public protection and shall not be construed as punitive.]