Along with incarceration and other common forms of criminal punishment, Pennsylvanians who are convicted of certain sex crimes also undergo a review that can have additional serious ramifications. In these types of cases, an individual who is found guilty can be classified as a Sexually Violent Predator (SVP). If so, they might remain within the offender registry for the rest of their lives and might have difficulty obtaining the job or home that they want.

The panel that conducts these evaluations is known as the Pennsylvania Sexual Offenders Assessment Board (SOAB). Members include psychiatrists, psychologists and professionals who work within the criminal justice system. During their reviews, they assess whether a convicted person poses a high risk of committing another sexual offense. 

There are numerous ways that the SOAB uses to determine if someone should qualify for Sexually Violent Predator status, such as:

• Reviewing police reports, trial records, and psychological evaluations

• Analyzing the offender’s criminal history and behavior patterns

• Conducting clinical assessments to assess risk factors for recidivism

If the board believes that an offender meets the legal criteria, it notifies the prosecutor, who can then request a hearing requesting the court make a final determination. A prosecutor must prove by clear and convincing evidence that the convicted defendant qualifies as an SVP.

There are several ways in which the SOAB assessment can be challenged at the hearing. An attorney with experience defending clients accused of sex crimes might argue that the board’s methodology is flawed or that their risk assessment lacks proper support. It is also possible to introduce evidence that counters the SVP determination. 

Should a person be designated as an SVP, they not only will be listed permanently within Pennsylvania’s sex offender registry, but neighbors and local law enforcement will be notified of their presence within the community. They must also undergo mandatory counseling and treatment. 

Matthew R. Zatko, Attorney at Law in Somerset handles a wide range of criminal defense matters for Indiana, Bedford, Cambria and Somerset counties, including hearings on SVP status. If you have been accused of a sex crime, it is essential to retain an attorney who understands the relevant laws and can counter unwarranted claims made by prosecutors and the SOAB. For a consultation, please call 814-443-1631 or contact me online.