2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9722 - Order of probation.

     § 9722.  Order of probation.
        The following grounds, while not controlling the discretion
     of the court, shall be accorded weight in favor of an order of
     probation:
            (1)  The criminal conduct of the defendant neither caused
        nor threatened serious harm.
            (2)  The defendant did not contemplate that his conduct
        would cause or threaten serious harm.
            (3)  The defendant acted under a strong provocation.
            (4)  There were substantial grounds tending to excuse or
        justify the criminal conduct of the defendant, though failing
        to establish a defense.
            (5)  The victim of the criminal conduct of the defendant
        induced or facilitated its commission.
            (6)  The defendant has compensated or will compensate the
        victim of his criminal conduct for the damage or injury that
        he sustained.
            (7)  The defendant has no history of prior delinquency or
        criminal activity or has led a law-abiding life for a
        substantial period of time before the commission of the
        present crime.
            (8)  The criminal conduct of the defendant was the result
        of circumstances unlikely to recur.
            (9)  The character and attitudes of the defendant
        indicate that he is unlikely to commit another crime.
            (10)  The defendant is particularly likely to respond
        affirmatively to probationary treatment.
            (11)  The confinement of the defendant would entail
        excessive hardship to him or his dependents.
            (12)  Such other grounds as indicate the desirability of
        probation.

        Cross References.  Section 9722 is referred to in section
     9723 of this title.