Commonwealth, Aplt. v. Arnett, R.

Summary

The Supreme Court held that the Post Conviction Relief Act (PCRA) cannot be used to challenge the constitutionality of Pennsylvania’s sexual offender registration requirements under SORNA II, and therefore vacated the lower court’s order finding Subchapter I unconstitutional. The Court reaffirmed that SORNA II is a non‑punitive regulatory scheme and that the presumption it contains is supported by the evidence. Justice Brobson, in a concurring‑dissent, argued that the lower court lacked subject‑matter jurisdiction and that challenges should be brought in the Commonwealth Court.