§ 9718.5. Mandatory period of probation for certain sexual offenders.
(a) Mandatory probation supervision after release from confinement.--A person who is convicted in a court of this Commonwealth of an offense under section
9799.14(d) (relating to sexual offenses and tier system) shall be sentenced to a mandatory
period of probation of three years consecutive to and in addition to any other lawful
sentence issued by the court.
(b) Imposition.--The court may impose the term of probation required under subsection (a) in addition
to the maximum sentence permitted for the offense for which the defendant was convicted.
(c) Authority of court in sentencing.--There shall be no authority in a court to impose on an offender to which this section
is applicable a lesser period of probation than provided for under subsection (a).
Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall
not supersede the mandatory period of probation provided under this section.
(d) Direct supervision.--Nothing under this section shall limit the court's authority to direct supervision
by the Department of Corrections by special order as provided under 61 Pa.C.S. § 6172(a)
(relating to probation services).
(Feb. 21, 2018, P.L.27, No.10, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment. Act 59 amended subsec. (d).
2018 Amendment. Act 10 added section 9718.5.
Cross References. Section 9718.5 is referred to in section 6137.2 of Title 61 (Prisons and Parole).
Notes of Decisions
Cited in
29
cases (
28 in the last 5 years), 2019–2026 · leading case:
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
· cites it 2× “”); 42 Pa.C.S. § 9718.5(a) (“A person who is convicted in a court of this Commonwealth of an offense under section 9799.”
Com. v. Frederick, D. (Pa. Super. Ct. 2025).
· cites it 3× “Whether the sentencing court erred in requiring [Appellant] to undergo a mandatory consecutive period of probation of [three] years pursuant to 42 Pa.C.S. § 9718.5 where [Appellant] has not been convicted of a sexually violent offense under 42 Pa.”
Com. v. J.A.B. (Pa. Super. Ct. 2025).
· cites it 3× “Did the trial court impose an illegal sentence when it imposed its consecutive three-year term of probation pursuant to 42 Pa.C.S. § 9718.5, which constituted an unlawful ex post facto application of that law? Brief for Appellant at 4.”
Com. v. Waters, A. (Pa. Super. Ct. 2026).
· cites it 3× “6 We also agree with the Commonwealth that being subject to at least three years of probation under 42 Pa.C.S. § 9718.5 is not a proper factor for mitigation.”
Com. v. Reyes, T., 2025 Pa. Super. 284 (Pa. Super. Ct. 2025).
“See 42 Pa.C.S. § 9718.5(a). 7 “In Commonwealth v.”
A.G. Wright v. PSP (Pa. Commw. Ct. 2019).
· cites it 2× “27, as amended, 42 Pa. C.S. §§9718.5, 9799.10-9799.75. 4 Act of June 12, 2018, P.”
N.K.D. v. Comm'r of the PSP, R. Evanchick (Pa. Commw. Ct. 2022).
· cites it 2× “Another provision, the mandatory additional three-year period of probation for sexual offenders provided for in 42 Pa.C.S. § 9718.5(a), was enacted by Act 10 of 2018 on February 21, 2018, effective April 23, 2018, well after Petitioner’s offenses and sentencing.”
Com. v. Frederick, D. (Pa. Super. Ct. 2023).
· cites it 2× “In his second claim, Appellant challenges the imposition of the three- year mandatory period of probation pursuant to 42 Pa.C.S. § 9718.5, contending that he was not convicted of one of the offenses for which the mandatory three-year period is to be imposed.”
Com. v. Getz, B. (Pa. Super. Ct. 2024).
· cites it 2× “Pursuant to the plain language of 42 Pa.C.S. § 9718.5, defendants convicted of offenses enumerated in subsection 9799.”
Com. v. Keiser, J. (Pa. Super. Ct. 2024).
· cites it 2× “However, 42 Pa.C.S. § 9718.5(a) provides that “[a] person who is convicted in a court of this Commonwealth of an offense under section 9799.”
Com. v. Bent, J. (Pa. Super. Ct. 2021).
· cites it 2× “As part of its rape sentence, the trial court added three years’ probation under 42 Pa.C.S. § 9718.5 which mandates a consecutive three years’ probation for certain sexual offenses.”
Com. v. Martin, G. (Pa. Super. Ct. 2021).
“13 Appellant cites as examples “a 3 year probationary period, following the maximum sentence,” 42 Pa.C.S. § 9718.5, and “public disclosure of identifying scars, marks, and tattoos, as well as his license plate number and description of vehicles, 42 Pa.”
— 42 Pa. Cons. Stat. § 9718.5(a) — 16 cases
Com. v. Faison, W., 297 A.3d 810 (Pa. Super. Ct. 2023).
“”); 42 Pa.C.S. § 9718.5(a) (“A person who is convicted in a court of this Commonwealth of an offense under section 9799.”
Com. v. Reyes, T., 2025 Pa. Super. 284 (Pa. Super. Ct. 2025).
“See 42 Pa.C.S. § 9718.5(a). 7 “In Commonwealth v.”
N.K.D. v. Comm'r of the PSP, R. Evanchick (Pa. Commw. Ct. 2022).
“Another provision, the mandatory additional three-year period of probation for sexual offenders provided for in 42 Pa.C.S. § 9718.5(a), was enacted by Act 10 of 2018 on February 21, 2018, effective April 23, 2018, well after Petitioner’s offenses and sentencing.”
Com. v. Frederick, D. (Pa. Super. Ct. 2025).
“Whether the sentencing court erred in requiring [Appellant] to undergo a mandatory consecutive period of probation of [three] years pursuant to 42 Pa.C.S. § 9718.5 where [Appellant] has not been convicted of a sexually violent offense under 42 Pa.”
A.G. Wright v. PSP (Pa. Commw. Ct. 2019).
“27, as amended, 42 Pa. C.S. §§9718.5, 9799.10-9799.75. 4 Act of June 12, 2018, P.”
— 42 Pa. Cons. Stat. § 9718.5(b) — 2 cases
Com. v. Keiser, J. (Pa. Super. Ct. 2024).
“However, 42 Pa.C.S. § 9718.5(a) provides that “[a] person who is convicted in a court of this Commonwealth of an offense under section 9799.”
Com. v. Waters, A. (Pa. Super. Ct. 2026).
“6 We also agree with the Commonwealth that being subject to at least three years of probation under 42 Pa.C.S. § 9718.5 is not a proper factor for mitigation.”
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