| Docket: 41 MAP 2019 Opinion Date: April 1, 2020 Judge: Dougherty Areas of Law: Constitutional Law, Criminal Law, Government & Administrative Law, Juvenile Law |
| On September 20, 2010, at age of 13 appellant, H.R., was adjudicated delinquent for indecent assault of a complainant less than 13 years of age. Appellant was placed on official probation and, pursuant to Section 6352 of the Juvenile Act, was ordered to undergo inpatient treatment at a sex offender residential treatment facility. Appellant remained in treatment when he turned 20 in February 2017 and he was assessed pursuant to Section 6352, the results of which found that involuntary treatment at a sex offender residential treatment facility pursuant to the Court-Ordered Involuntary Treatment of Certain Sexually Violent Persons Statute (Act 21) was still necessary. On January 4, 2018, following a hearing, a trial court denied appellant's motion to dismiss and granted the petition for involuntary treatment, determining appellant was an sexually violent delinquent child (SVDC) and committing him to one year of mental health treatment. On appeal, appeal, appellant argued: (1) Act 21 was punitive in nature, and this its procedure for determining whether an individual was an SVDC was unconstitutional; and (2) retroactive application of amendments to Act 21 made effective in 2011, was also unconstitutional. The Pennsylvania Supreme Court determined the superior court correctly determined the relevant provisions of Act 21 were not punitive, were constitutional, thus, affirming the trial court's order. |
