PSP Denied Power to Intervene Article

The Superior Court QUASHED the appeal of PSP in Commonwealth v. Kale on May 5, 2020 when the Trial Court denied their “Emergency Motion to Intervene and Vacate Order Nunc Pro Tunc” arguing that the Defendant should not be removed from the registry. PSP argued they have “standing to appear and contest a filing in a court of this Commonwealth which seeks to challenge in any way the obligation of an individual required to register with the [PSP] under this subchapter.” 42 Pa.C.S.A. § 9799.74. The Superior Court stated “PSP’s obligations in this case are, and remain, exclusively ministerial in nature, and nothing in the plain reading of the statute indicates that PSP’s responsibilities under SORNA expand beyond the mere ministerial.”

PSP appealed the Superior Court’s decision to SCOPA in Commonwealth v. H.G.K. SCOPA granted the case to be argued but and heard the arguments but then ” DISMISSED as having been IMPROVIDENTLY GRANTED” on June 22, 2021. Meaning the decision to hear the arguments from PSP was granted without adequate consideration and so dismissing the appeal therefore leaving the Superior Court’s ruling to stand.

What does this mean in all? PSP has no say at all when it comes to who comes on or off the registry. They cannot intervene in Court rulings regarding SORNA. PSP is there to do the bidding of the law and follow court orders.

Read Com v. Kale

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Josiah Krammes is Board Chair of Pennsylvania Association for Rational Sexual Offense Laws where he oversees Education, Public Awareness, and Legal Information/Analysis.

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