In re J.C.

In this en banc case, the Superior Court dealt with Act 21, which is the Involuntary Treatment of Certain Sexually Violent Persons Statute, 42 Pa.C.S. §§ 6401-6409, and provides for involuntary commitment of juveniles who have been adjudicated delinquent and where the Commonwealth can establish by clear and convincing evidence that the offender has a mental abnormality or personality disorder which results in serious difficulty in controlling sexually violent behavior that makes the person likely to engage in an act of sexual violence. The Superior Court here reiterated prior holdings in Commonwealth v. Butler, — A.3d –, 2020 WL 1466299 (Pa. filed Mar. 26, 2020) and In re H.R., — A.3d –, 2020 WL 1542422 (Pa. filed Apr. 1, 2020), that, like SORNA, Act 21 is not punitive in nature and is thus not subject to Apprendi/Alleyne analysis. 

In-re-JC