35. Board. (a) Composition.-- The board shall be composed of psychiatrists, psychologists and criminal justice experts,
Pennsylvania Consolidated Statutes
Section: 979935
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 979935
§ 9799.35. Board. (a) Composition.-- The board shall be composed of psychiatrists, psychologists and criminal justice experts,
each of whom is an expert in the field of the behavior and treatment of sexual offenders. (b) Appointment.-- The Governor shall appoint the board members. (c) Term of office.-- Members of the board shall serve four-year terms. (d) Compensation.-- The members of the board shall be compensated at a rate of $350 per assessment and
receive reimbursement for their actual and necessary expenses while performing the
business of the board. The chairman shall receive $500 additional compensation annually. (e) Staff.-- The board shall employ an executive director and other staff as necessary to carry
out the board's duties under this chapter. The executive director shall direct the
operations, management and administration of the board and organize and oversee the
work of the staff. Legal counsel for the board shall be provided in accordance with
the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys
Act. Upon request by the board, the Department of Corrections shall make available
facilities, administrative support and other assistance to the board. (Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff.
imd.) 2025 Repeal. Section 48(13) of Act 45 provided that subsec. (d) was repealed insofar as it is inconsistent
with the addition of section 1799.11-E of the act of April 9, 1929, P.L.343, No.176,
known as The Fiscal Code. 2021 Amendment. Act 59 amended subsec. (e). 2021 Unconstitutionality. Section 9799.35 was declared unconstitutional as applied by the Pennsylvania Supreme
Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.35 was declared unconstitutional as applied by the Pennsylvania Superior
Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2011 Amendment. Act 111 added section 9799.35.
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