315 A.3d 908
Pa. Commw. Ct.2022Background
- Petitioner C.M. pleaded guilty in 1995 to rape, conspiracy to commit rape, and third‑degree murder for offenses committed in 1987 and was imprisoned until late 2020.
- Upon release, the Pennsylvania State Police (PSP) informed C.M. he must register for life as a sex offender under Subchapter I of SORNA II.
- C.M. filed for removal from the registry and sought exclusion from future registration, arguing he was not “required to register” under prior law during the statutory window (on or after April 22, 1996 but before December 20, 2012) because he remained incarcerated until 2020.
- The PSP responded that Megan’s Law II (effective 2000) imposed the lifetime registration obligation on convicted offenders, including those incarcerated at enactment; the requirement to provide residence information simply began upon release.
- The court previously denied C.M.’s preliminary injunction; on summary relief, the Commonwealth Court held the registration obligation arose upon Megan’s Law II’s effective date, so Subchapter I of SORNA II applies and C.M.’s application for summary relief was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Subchapter I of SORNA II applies when the offender was incarcerated when earlier registration law was enacted | C.M.: He was not “required to register” between 1996–2012 because he remained incarcerated and registration only becomes required upon release | PSP: Megan’s Law II imposed the lifetime registration duty on conviction/enactment date; the duty to report residence was deferred until release | Court: The substantive registration obligation arose on Megan’s Law II’s effective date (2000); Subchapter I applies and summary relief is denied |
Key Cases Cited
- Com. v. Gaffney, 733 A.2d 616 (Pa. 1999) (upholding application of registration requirements to convictions predating enactment)
- Commonwealth v. Lacombe, 234 A.3d 602 (Pa. 2020) (holding Subchapter I of SORNA II non‑punitive and not ex post facto)
- Commonwealth v. Brown, 196 A.3d 130 (Pa. 2018) (appellate courts should not develop parties’ undeveloped arguments)
- Commonwealth v. Williams, 782 A.2d 517 (Pa. 2001) (same principle cautioning against court advocacy)
- Com. v. Wegley, 829 A.2d 1148 (Pa. 2003) (definition and examples of "intermediate punishment")