Pennsylvania adds right to counsel for sex offender registration proceedings
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
02/21/2018,
Legislation, Sexually Dangerous Persons - Registration/Notification
in 2018, the Pennsylvania Legislature enacted HB 631. This bill amended 42 Pa.C.S. §§ 9799.15(a.2)(4) to provide a right to counsel for person petitioning to be exempted from sex offender registry after 25 years. It also amended 9799.58(e)(2) to provide a right to counsel in an assessment hearing to determine whether an individual is a sexually violent predator for purposes of registration.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
