2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 38 - Driving after Imbibing Alcohol or Utilizing Drugs
3815 - Mandatory sentencing.

     § 3815.  Mandatory sentencing.
        (a)  County supervision.--Notwithstanding the length of any
     maximum term of imprisonment imposed pursuant to sections 3803
     (relating to grading) and 3804 (relating to penalties), and
     notwithstanding the provisions of section 17 of the act of
     August 6, 1941 (P.L.861, No.323), referred to as the
     Pennsylvania Board of Probation and Parole Law, the sentencing
     judge may grant parole under the supervision of the county
     parole system to any offender serving a sentence for a violation
     of section 3802 (relating to driving under influence of alcohol
     or controlled substance) and, if applicable, serving any
     concurrent sentence of imprisonment for any misdemeanor offense
     arising from the same criminal episode as the violation of
     section 3802. The power of the sentencing judge to grant parole
     shall apply only to those offenders whose sentences are being
     served in a county prison pursuant to 42 Pa.C.S. § 9762
     (relating to sentencing proceeding; place of confinement) or
     section 3804(d). The sentencing judge shall declare his
     intention to retain parole authority and supervision at the time
     of sentencing in cases in which he would not otherwise have
     parole authority and supervision.
        (b)  Parole.--
            (1)  An offender who is determined pursuant to section
        3814 (relating to drug and alcohol assessments) to be in need
        of drug and alcohol treatment shall be eligible for parole in
        accordance with the terms and conditions prescribed in this
        section following the expiration of the offender's mandatory
        minimum term of imprisonment.
            (2)  The following shall be conditions of parole:
                (i)  If the offender is not determined under the
            procedures set forth in section 3814 to be addicted to
            alcohol or another substance, the offender must refrain
            from:
                    (A)  the use of illegal controlled substances;
                and
                    (B)  the abuse of prescription drugs, over-the-
                counter drugs or any other substances.
                (ii)  If the offender is determined under the
            procedures set forth in section 3814 to be addicted to
            alcohol or another substance, the offender must do all of
            the following:
                    (A)  Refrain from:
                        (I)  the use of alcohol or illegal controlled
                    substances; and
                        (II)  the abuse of prescription drugs, over-
                    the-counter drugs or any other substances.
                    (B)  Participate in and cooperate with drug and
                alcohol addiction treatment under subsection (c).
        (c)  Treatment.--
            (1)  Treatment must conform to assessment recommendations
        made under section 3814.
            (2)  Treatment must be conducted by a drug and alcohol
        addiction treatment program licensed by the Department of
        Health.
            (3)  The treatment program shall report periodically to
        the assigned parole officer on the offender's progress in the
        treatment program. The treatment program shall promptly
        notify the parole officer if the offender:
                (i)  fails to comply with program rules and treatment
            expectations;
                (ii)  refuses to constructively engage in the
            treatment process; or
                (iii)  without authorization terminates participation
            in the treatment program.
            (4)  Upon notification under paragraph (3), the parole
        officer shall report the offender's actions to the parole
        authority and to the department for compliance with section
        1553(e) (relating to occupational limited license). The
        parole authority shall schedule a revocation hearing to
        consider recommendations of the parole officer and the
        treatment program.
            (5)  Nothing in this subsection shall prevent a treatment
        program from refusing to accept an offender if the program
        administrator deems the offender to be inappropriate for
        admission to the program. A treatment program shall retain
        the right to immediately discharge into the custody of the
        assigned parole officer an offender who fails to comply with
        program rules and treatment expectations or refuses to
        constructively engage in the treatment process.
        (d)  Enforcement.--
            (1)  This subsection applies to an offender ordered to
        participate in a treatment program under subsection
        (b)(2)(ii) who:
                (i)  fails to comply with program rules and treatment
            expectations;
                (ii)  refuses to constructively engage in the
            treatment process; or
                (iii)  terminates participation in the treatment
            program without authorization.
            (2)  Notwithstanding any other provision of law, all of
        the following apply to an offender under paragraph (1):
                (i)  The offender's parole, prerelease, work release
            or any other release status shall be revoked.
                (ii)  The offender shall be ineligible for parole,
            prerelease, work release or any other release from the
            correctional facility prior to the expiration of the
            offender's maximum term unless the offender is permitted
            to be readmitted to a treatment program.
            (3)  Nothing in this subsection shall be construed to
        grant a legal right to parole to an offender previously
        ineligible for parole, on the grounds that the offender is
        currently prepared to participate in, comply with and
        constructively engage in the treatment process. Under such
        circumstances, parole or reparole of the offender shall be at
        the parole authority's discretion.
        (e)  Follow-up.--After an offender has completed the
     treatment program under subsection (c), the parole officer shall
     take reasonable steps to ensure that the offender does not abuse
     alcohol, use illegal controlled substances or abuse prescription
     drugs, over-the-counter drugs or any other such substances.
     These reasonable steps include requiring chemical testing and
     periodic reassessment of the offender by the treatment program.
        (f)  Fees.--
            (1)  Except as set forth in paragraph (2), the parole
        authority shall impose upon an offender subject to this
        section reasonable fees to cover the cost of any of the
        following:
                (i)  Chemical testing of the offender required under
            this section.
                (ii)  An assessment of the offender required under
            this section.
                (iii)  Drug or alcohol treatment provided in
            accordance with the assessment.
            (2)  If the parole authority finds the offender to be
        unable to pay the full amount of the fees required by
        paragraph (1) and section 1541(d) (relating to period of
        disqualification, revocation or suspension of operating
        privilege), it shall require the offender to pay as much of
        the fee as is consistent with the offender's ability to pay
        and shall direct the assigned parole officer to establish a
        reasonable payment schedule for the offender to pay as much
        of the remaining fees as is consistent with the offender's
        ability to pay.
        (g)  Insurance.--
            (1)  This subsection shall only apply to a health
        insurance, health maintenance organization or other health
        plan required to provide benefits under section 602-A of the
        act of May 17, 1921 (P.L.682, No.284), known as The Insurance
        Company Law of 1921.
            (2)  If an individual who is insured by a health
        insurance, a health maintenance organization or other health
        plan, that is doing business in this Commonwealth, the
        individual may not be deprived of alcohol and other drug
        abuse and addiction treatment or coverage within the scope of
        that plan due to the identification of an alcohol or other
        drug problem which occurs as a result of an assessment under
        this section.
        (h)  Additional funding.--In order to support and augment the
     diagnostic assessment and treatment services provided under this
     section, the Department of Health, the department and the
     Pennsylvania Commission on Crime and Delinquency shall seek all
     available Federal funding, including funds available through the
     United States National Highway Traffic Safety Administration and
     the Department of Health and Human Services.
     (Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

        2004 Amendment.  Act 177 amended subsec. (a). Section 6(2) of
     Act 177 provided that the amendment shall apply to sentences
     imposed on or after the effective date of section 6.
        Special Provisions in Appendix.  See section 18 of Act 24 of
     2003 in the appendix to this title for special provisions
     relating to applicability of sections 3814 and 3815.
        References in Text.  Section 17 of the act of August 6, 1941
     (P.L.861, No.323), referred to as the Pennsylvania Board of
     Probation and Parole Law, referred to in subsec. (a), was
     repealed by the act of August 11, 2009 (P.L.494, No.49). The
     subject matter is now contained in Part IV of Title 61 (Prisons
     and Parole).
        Cross References.  Section 3815 is referred to in sections
     1553, 3804, 3816, 3817 of this title; sections 9763, 9804 of
     Title 42 (Judiciary and Judicial Procedure).