42c9763s

§ 9763.  Sentence of county intermediate punishment.

(a)  General rule.--In imposing a sentence of county intermediate punishment, the court shall specify at the time of sentencing the length of the term for which the defendant is to be in a county intermediate punishment program established under Chapter 98 (relating to county intermediate punishment) or a combination of county intermediate punishment programs. The term may not exceed the maximum term for which the defendant could be confined and the program to which the defendant is sentenced. The court may order a defendant to serve a portion of the sentence under section 9755 (relating to sentence of partial confinement) or 9756 (relating to sentence of total confinement) and to serve a portion in a county intermediate punishment program or a combination of county intermediate punishment programs.

(b)  Conditions generally.--The court may attach any of the following conditions upon the defendant as it deems necessary:

(1)  To meet family responsibilities.

(2)  To be devoted to a specific occupation or employment.

(3)  To participate in a public or nonprofit community service program.

(4)  To undergo individual or family counseling.

(5)  To undergo available medical or psychiatric treatment or to enter and remain in a specified institution, when required for that purpose.

(6)  To attend educational or vocational training programs.

(7)  To attend or reside in a rehabilitative facility or other intermediate punishment program.

(8)  To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons.

(9)  To not possess a firearm or other dangerous weapon unless granted written permission.

(10)  To make restitution of the fruits of the crime or to make reparations, in an affordable amount, for the loss or damage caused by the crime.

(11)  To be subject to intensive supervision while remaining within the jurisdiction of the court and to notify the court or designated person of any change in address or employment.

(12)  To report as directed to the court or the designated person and to permit the designated person to visit the defendant's home.

(13)  To pay a fine.

(14)  To participate in drug or alcohol screening and treatment programs, including outpatient and inpatient programs.

(15)  To do other things reasonably related to rehabilitation.

(16)  To remain within the premises of the defendant's residence during the hours designated by the court.

(17)  To be subject to electronic monitoring.

(c)  Restriction.--

(1)  Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a first, second or third offense under 75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs) may only be sentenced to county intermediate punishment after undergoing an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments).

(2)  If the defendant is determined to be in need of drug and alcohol treatment, the defendant may only be sentenced to county intermediate punishment which includes participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c) (relating to mandatory sentencing). The defendant may only be sentenced to county intermediate punishment in:

(i)  a residential inpatient program or a residential rehabilitative center;

(ii)  house arrest with electronic surveillance;

(iii)  a partial confinement program such as work release, work camp and halfway facility; or

(iv)  any combination of the programs set forth in this paragraph.

(3)  If the defendant is determined not to be in need of drug and alcohol treatment, the defendant may only be sentenced to county intermediate punishment in:

(i)  house arrest with electronic surveillance;

(ii)  partial confinement programs such as work release, work camps and halfway facilities; or

(iii)  any combination of the programs set forth in this paragraph.

(d)  Sentence following violation of condition.--The sentence to be imposed in the event of the violation of a condition under subsection (b) shall not be imposed prior to a finding on the record that a violation has occurred. Notwithstanding any other provision of law requiring notice prior to sentencing, in the event of a violation of a condition under subsection (b), the attorney for the Commonwealth may file notice at any time prior to resentencing of the Commonwealth's intention to proceed under an applicable provision of law requiring a mandatory minimum sentence.

42c9763v

(Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; June 22, 2000, P.L.345, No.41, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff. 180 days)

 

2004 Amendment.  Act 112 amended the section heading and subsecs. (a) and (c).

2000 Amendment.  Act 41 amended subsecs. (a) and (d).

1990 Amendment.  Act 201 added section 9763.

References in Text.  Section 3731 of Title 75, referred to in subsec. (c), is repealed. The subject matter is now in Chapter 38 of Title 75 (Vehicles).

Cross References.  Section 9763 is referred to in sections 2154.1, 9721, 9755, 9756, 9773 of this title.