PRINTER'S NO. 3650
No. 2623 Session of 1988
INTRODUCED BY SAURMAN, MARKOSEK, CORNELL, COLAFELLA, FOX, NAHILL
AND REBER, JULY 12, 1988
REFERRED TO COMMITTEE ON JUDICIARY, JULY 12, 1988
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 place of confinement.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9762 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9762. Sentencing proceeding; place of confinement.
9 All persons sentenced to total or partial confinement for:
10 (1) maximum terms of five or more years shall be
11 committed to the Bureau of Correction for confinement unless
12 paragraph (4) applies;
13 (2) maximum terms of two years or more but less than
14 five years may be committed to the Bureau of Correction for
15 confinement or may be committed to a county prison within the
16 jurisdiction of the court unless paragraph (4) applies;
17 (3) maximum terms of less than two years shall be
18 committed to a county prison within the jurisdiction of the
1 court except that as facilities become available on dates and
2 in areas designated by the Governor in proclamations
3 declaring the availability of State correctional facilities,
4 such persons may be committed to the Bureau of Correction for
5 confinement unless paragraph (4) applies; and
6 (4) terms under 75 Pa.C.S. § 3735 (relating to homicide
7 by vehicle while driving under influence) may be committed to
8 a county prison within the jurisdiction of the court.
9 Section 2. This act shall apply to defendants who are
10 sentenced after the effective date of this act.
11 Section 3. This act shall take effect in 60 days.
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