§ 9718.1. Sexual offender treatment.
(a) General rule.--A person, including an offender designated as a "sexually violent predator" as defined
in section 9799.12 (relating to definitions) or 9799.53 (relating to definitions),
shall attend and participate in a Department of Corrections program of counseling
or therapy designed for incarcerated sex offenders if the person is incarcerated in
a State institution for any of the following provisions under 18 Pa.C.S. (relating
to crimes and offenses):
(1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses) if the
offense involved a minor under 18 years of age.
(1.1) Any of the offenses enumerated under Chapter 30 (relating to human trafficking) if
the victim is a minor under 18 years of age and the offense involved sexual servitude.
(2) Section 4304(a)(1) (relating to endangering welfare of children) if the offense involved
sexual contact with the victim.
(3) Section 6301(a)(1)(i) (relating to corruption of minors) if the offense involved sexual
contact with the victim.
(3.1) Section 6301(a)(1)(ii).
(4) Open lewdness, as defined in section 5901 (relating to open lewdness), if the offense
involved a minor under 18 years of age.
(5) Prostitution, as defined in section 5902(b.1) (relating to prostitution and related
offenses).
(6) Obscene and other sexual materials and performances, as defined in section 5903 (relating
to obscene and other sexual materials and performances), if the offense involved a
minor under 18 years of age.
(7) Sexual abuse of children, as defined in section 6312 (relating to sexual abuse of
children).
(8) Section 6318 (relating to unlawful contact with minor).
(9) Section 6320 (relating to sexual exploitation of children).
(10) Section 4302(b) (relating to incest).
(11) An attempt, solicitation or conspiracy to commit any of the offenses listed in this
subsection.
(b) Eligibility for parole.--For an offender required to participate in the program under subsection (a), all of
the following apply:
(1) The offender shall not be eligible for parole unless the offender has:
(i) served the minimum term of imprisonment;
(ii) participated in the program under subsection (a); and
(iii) agreed to comply with any special conditions of parole imposed for therapy or counseling
for sex offenders, including sexually violent predators.
(2) Notwithstanding paragraph (1)(iii), an offender who is a sexually violent predator
is subject to section 9799.36 (relating to counseling of sexually violent predators).
(c) Department.--The department shall develop and provide the program of counseling or therapy for
offenders as provided in subsection (a). The department shall have the sole discretion
with respect to counseling or therapy program contents and administration, including
the scheduling of an offender's attendance and participation.
(d) No right of action created.--Notwithstanding any other provision of law to the contrary, this section shall not
be construed to confer any legal right upon any individual, including an individual
required to participate in the department's programs of counseling or therapy for
incarcerated offenders, seeking to:
(1) participate and attend the program provided in subsection (a) at a time of the individual's
own choosing;
(2) modify the contents of the program provided in subsection (a);
(3) be paroled; or
(4) file any other cause of action in any court regarding the program provided in subsection
(a).
(Dec. 20, 2000, P.L.721, No.98, eff. imd.; Nov. 20, 2002, P.L.1104, No.134, eff. 60
days; Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10,
eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.223, No.45,
eff. 60 days)
2021 Amendment. Act 45 amended subsec. (a).
2011 Amendment. Act 111 amended subsecs. (a) intro. par. and (b)(2).
2000 Amendment. Act 98 added section 9718.1. See the preamble and section 3 of Act 98 in the appendix
to this title for special provisions relating to legislative intent and applicability.
Notes of Decisions
Evans v. Pennsylvania Bd. of Prob. & Parole, 820 A.2d 904 (Pa. Commw. Ct. 2003).
· cites it 14× “§§ 2902, 2903 and 5903(h)(2) and the addition of 42 Pa.C.S. § 9718.1 shall apply to offenses committed on or after the effective date of this act.”
Newman v. Beard, 617 F.3d 775 (3rd Cir. 2010).
· cites it 6× “In 2000, while Newman was serving his sentence, the Pennsylvania General Assembly enacted 42 Pa. Cons.Stat. Ann. § 9718.1 (2001). That statute provides that certain sex offenders “shall attend and participate in a Department of Corrections program of counseling or therapy.”
Sheffield v. Pennsylvania Dep't of Corr., 894 A.2d 836 (Pa. Commw. Ct. 2006).
· cites it 13× “Furthermore, Petitioner claims that the Board is retroactively applying 42 Pa.C.S. § 9718.1 in that it is allegedly requiring him to participate in sex offender treatment prior to him being eligible for parole.”
Dodgson v. Pennsylvania Dep't of Corr., 922 A.2d 1023 (Pa. Commw. Ct. 2007).
· cites it 6× “4(g) concerning Sexual Offender Assessment and 42 Pa.C.S. § 9718.1 3 concerning Sexual Offender *1026 Treatment in considering him for parole.”
McGinley v. Pennsylvania Bd. of Prob. & Parole, 90 A.3d 83 (Pa. Commw. Ct. 2014).
· cites it 2× “1(b) of the Sentencing Code, 42 Pa.C.S. § 9718.1(b), 1 to his parole eligibility, to direct the Board to re-evaluate him for parole without applying Section 9718.”
James Cibula v. Fox, 570 F. App'x 129 (3rd Cir. 2014).
“Upon arriving at Mercer, officers of the Pennsylvania Department of Corrections recommended that Cibula be treated as a sex offender, which under 42 Pa. Cons. Stat. Ann. § 9718.1 required him to participate in a sex offender treatment program.”
Mickens-Thomas v. Vaughn, 355 F.3d 294 (3rd Cir. 2004).
“98, provides in relevant part: This act shall apply as follows: (1) [T]he addition of 42 Pa.C.S. § 9718.1 shall apply to offenses committed on or after the effective date of this act.”
Hibbard v. Pennsylvania Bd. of Prob. & Parole, 816 A.2d 344 (Pa. Commw. Ct. 2003).
“42 Pa.C.S. § 9718.1. Section 3 of the Act of December 20, 2000 (Act 2000-98) amended Chapter 97 of Title 42, known as the Sentencing Code, by adding Section 9718.”
D. Benson v. PA DOC (Pa. Commw. Ct. 2025).
· cites it 6× “However, in May 2022, DOC notified him that his status as a sexual offender required him to complete a two-year treatment program before he would be eligible for parole, referencing 42 Pa.C.S. § 9718.1. Petitioner filed a grievance challenging the treatment requirement, which…”
J. Robins v. Sec'y. Harry (Pa. Commw. Ct. 2025).
· cites it 6× “The Proper Interpretation of 42 Pa.C.S. § 9718.1 (Count 6) In Count 6, and throughout his Amended PFR, Petitioner argues that because he “participated” in the SOTP, he should be eligible for parole.”
— 42 Pa. Cons. Stat. § 9718.1(a) — 10 cases
Evans v. Pennsylvania Bd. of Prob. & Parole, 820 A.2d 904 (Pa. Commw. Ct. 2003).
“§§ 2902, 2903 and 5903(h)(2) and the addition of 42 Pa.C.S. § 9718.1 shall apply to offenses committed on or after the effective date of this act.”
Newman v. Beard, 617 F.3d 775 (3rd Cir. 2010).
“In 2000, while Newman was serving his sentence, the Pennsylvania General Assembly enacted 42 Pa. Cons.Stat. Ann. § 9718.1 (2001). That statute provides that certain sex offenders “shall attend and participate in a Department of Corrections program of counseling or therapy.”
— 42 Pa. Cons. Stat. § 9718.1(a)(1) — 2 cases
J. Robins v. Sec'y. Harry (Pa. Commw. Ct. 2025).
“The Proper Interpretation of 42 Pa.C.S. § 9718.1 (Count 6) In Count 6, and throughout his Amended PFR, Petitioner argues that because he “participated” in the SOTP, he should be eligible for parole.”
— 42 Pa. Cons. Stat. § 9718.1(a)(3) — 1 case
— 42 Pa. Cons. Stat. § 9718.1(b) — 7 cases
Evans v. Pennsylvania Bd. of Prob. & Parole, 820 A.2d 904 (Pa. Commw. Ct. 2003).
“§§ 2902, 2903 and 5903(h)(2) and the addition of 42 Pa.C.S. § 9718.1 shall apply to offenses committed on or after the effective date of this act.”
McGinley v. Pennsylvania Bd. of Prob. & Parole, 90 A.3d 83 (Pa. Commw. Ct. 2014).
“1(b) of the Sentencing Code, 42 Pa.C.S. § 9718.1(b), 1 to his parole eligibility, to direct the Board to re-evaluate him for parole without applying Section 9718.”
J. Robins v. Sec'y. Harry (Pa. Commw. Ct. 2025).
“The Proper Interpretation of 42 Pa.C.S. § 9718.1 (Count 6) In Count 6, and throughout his Amended PFR, Petitioner argues that because he “participated” in the SOTP, he should be eligible for parole.”
— 42 Pa. Cons. Stat. § 9718.1(b)(1)(h) — 1 case
— 42 Pa. Cons. Stat. § 9718.1(b)(1)(ii) — 1 case
— 42 Pa. Cons. Stat. § 9718.1(b)(ii) — 1 case
— 42 Pa. Cons. Stat. § 9718.1(c) — 4 cases
Newman v. Beard, 617 F.3d 775 (3rd Cir. 2010).
“In 2000, while Newman was serving his sentence, the Pennsylvania General Assembly enacted 42 Pa. Cons.Stat. Ann. § 9718.1 (2001). That statute provides that certain sex offenders “shall attend and participate in a Department of Corrections program of counseling or therapy.”
— 42 Pa. Cons. Stat. § 9718.1(d) — 2 cases
— 42 Pa. Cons. Stat. § 9718.1(d)(1) — 2 cases
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