34.  Duties of facilities housing sexual offenders. The Department of Corrections, a county correctional facility, an institution or facility

§ 9799.34.  Duties of facilities housing sexual offenders. The Department of Corrections, a county correctional facility, an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) and the separate, State-owned facility or unit established under Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons) shall have the following duties: (1)  To perform their respective duties in accordance with section 9799.19 (relating to initial registration). This paragraph includes taking a current photograph of the individual specified in section 9799.13 (relating to applicability) before the individual is released from confinement or commitment or is discharged. (2)  On a form prescribed by the Pennsylvania State Police, to notify the Pennsylvania State Police each time a sexual offender is incarcerated, committed or released, including supervised release. In the case of a juvenile offender or sexually violent delinquent child, the facility shall notify the Pennsylvania State Police each time the individual is committed, released or transferred to another facility or institution. This paragraph shall include a community corrections center or community contract facility. (3)  To assist sexual offenders registering under this subchapter. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.) 2021 Unconstitutionality. Section 9799.34 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.34 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended par. (1) and Act 29 reenacted the intro. par. and par. (1). Section 20(1) of Act 10 provided that the amendment of section 9799.34 shall apply to an individual who commits an offense on or after December 20, 2012. 2012 Amendment . Act 91 amended par. (2). 2011 Amendment. Act 111 added section 9799.34.