Act of Dec. 19, 1990, P.L. 1196, No. 201             Cl. 18
                             Session of 1990
                               No. 1990-201

                                  AN ACT

     HB 251

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, further providing for burglary; providing for
        intermediate punishment; and providing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 3502(c) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 3502.  Burglary.
        * * *
        (c)  Grading.--[Burglary is a felony of the first degree.]
            (1)  Except as provided in paragraph (2), burglary is a
        felony of the first degree.
            (2)  If the building, structure or portion entered is not
        adapted for overnight accommodation and if no individual is
        present at the time of entry, burglary is a felony of the
        second degree.
        * * *
        Section 2.  Title 42 is amended by adding a section to read:
      § 2154.1.  Adoption of guidelines for intermediate punishment.
        The commission shall adopt guidelines to identify offenders
     who would be eligible and appropriate for participation in
     intermediate punishment programs. These guidelines shall be
     considered by the sentencing court in determining whether to
     sentence an offender pursuant to section 9763 (relating to
     sentence of intermediate punishment). The guidelines shall:
            (1)  Use the description of "eligible offender" provided
        in section 9729 (relating to intermediate punishment).
            (2)  Give primary consideration to protection of the
        public safety.
        Section 3.  Section 9721(a) of Title 42 is amended to read:
      § 9721.  Sentencing generally.
        (a)  General rule.--In determining the sentence to be imposed
     the court shall, except where a mandatory minimum sentence is
     otherwise provided by law, consider and select one or more of
     the following alternatives, and may impose them consecutively or
            (1)  An order of probation.
            (2)  A determination of guilt without further penalty.
            (3)  Partial confinement.
            (4)  Total confinement.
            (5)  A fine.
            (6)  Intermediate punishment.
        * * *
        Section 4.  Title 42 is amended by adding sections to read:
      § 9729.  Intermediate punishment.
        (a)  General rule.--The court may, pursuant to section 9763
     (relating to sentence of intermediate punishment), sentence an
     eligible offender to a county intermediate punishment program.
     The court may at any time terminate a sentence of intermediate
     punishment or increase or lessen the conditions of sentence
     pursuant to section 9773 (relating to modification or revocation
     of intermediate punishment sentence). The court may impose
     reasonable costs of participation in the program upon the
     offender. The court shall not have the authority to sentence an
     offender under this section unless the county has established an
     intermediate punishment program which has been approved by the
     Pennsylvania Commission on Crime and Delinquency.
        (b)  Eligibility.--For the purposes of sentencing under this
     section, an eligible offender shall be a person convicted of an
     offense who would otherwise be sentenced to a county
     correctional facility, who does not demonstrate present or past
     violent behavior and who would otherwise be sentenced to partial
     confinement pursuant to section 9724 (relating to partial
     confinement) or total confinement pursuant to section 9725
     (relating to total confinement).
        (c)  Ineligibility.--
            (1)  A person convicted of any of the following offenses
        shall be ineligible for sentencing under this section:
                18 Pa.C.S. § 2502 (relating to murder).
                18 Pa.C.S. § 2503 (relating to voluntary
                18 Pa.C.S. § 2702 (relating to aggravated assault).
                18 Pa.C.S. § 2703 (relating to assault by prisoner).
                18 Pa.C.S. § 2704 (relating to assault by life
                18 Pa.C.S. § 2901 (relating to kidnapping).
                18 Pa.C.S. § 3121 (relating to rape).
                18 Pa.C.S. § 3122 (relating to statutory rape).
                18 Pa.C.S. § 3123 (relating to involuntary deviate
            sexual intercourse).
                18 Pa.C.S. § 3126 (relating to indecent assault).
                18 Pa.C.S. § 3301 (relating to arson and related
                18 Pa.C.S. § 3701 (relating to robbery).
                18 Pa.C.S. § 3923 (relating to theft by extortion).
                18 Pa.C.S. § 5121 (relating to escape).
            (2)  An offense under this subsection also includes a
        conviction under 18 Pa.C.S. § 3502 (relating to burglary)
        where the grading of the offense was a felony of the first
        degree under section 3502(c)(1).
            (3)  An offense under this subsection also includes a
        conviction under the act of April 14, 1972 (P.L.233, No.64),
        known as The Controlled Substance, Drug, Device and Cosmetic
      § 9763.  Sentence of intermediate punishment.
        (a)  General rule.--In imposing a sentence of intermediate
     punishment, the court shall specify at the time of sentencing
     the length of the term for which the defendant is to be in an
     intermediate punishment program or a combination of 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 an
     intermediate punishment program or a combination of 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
            (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
            (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
            (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
            (15)  To do other things reasonably related to
            (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.--A defendant convicted under 75 Pa.C.S. §
     3731(e) (relating to driving under influence of alcohol or
     controlled substance) may only be sentenced to intermediate
            (1)  in a residential inpatient program or in a
        residential rehabilitative center; or
            (2)  by house arrest or electronic surveillance combined
        with drug and alcohol treatment.
        (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.
      § 9773.  Modification or revocation of intermediate punishment
        (a)  General rule.--The court may at any time terminate a
     sentence of intermediate punishment or increase or decrease the
     conditions of a sentence pursuant to section 9763 (relating to
     sentence of intermediate punishment).
        (b)  Revocation.--The court may revoke a sentence of
     intermediate punishment upon proof of a violation of specific
     conditions of the sentence. Upon revocation, the sentencing
     alternatives available to the court shall be the same as the
     alternatives available at the time of initial sentencing.
     Consideration shall be given to the time served in the
     intermediate punishment program.
        (c)  Hearing required.--A court shall not revoke or increase
     the conditions of a sentence of intermediate punishment without
     a hearing at which the court shall consider the record of the
     initial sentencing proceeding as well as the conduct of the
     defendant while serving a sentence of intermediate punishment. A
     hearing is not required to decrease the conditions of the
        Section 5.  This act shall take effect July 1, 1991.

     APPROVED--The 19th day of December, A. D. 1990.