2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9756 - Sentence of total confinement.

     § 9756.  Sentence of total confinement.
        (a)  General rule.--In imposing a sentence of total
     confinement the court shall at the time of sentencing specify
     any maximum period up to the limit authorized by law and whether
     the sentence shall commence in a correctional or other
     appropriate institution.
        (b)  Minimum sentence.--
            (1)  The court shall impose a minimum sentence of
        confinement which shall not exceed one-half of the maximum
        sentence imposed.
            (2)  The minimum sentence imposed under this section may
        not be reduced through parole prior to the expiration of the
        minimum sentence unless otherwise authorized by this section
        or other law.
            (3)  Except where the maximum sentence imposed is two
        years or more, and except where a mandatory minimum sentence
        of imprisonment or total confinement is required by law, the
        court shall, at the time of sentencing, state whether or not
        the defendant is eligible to participate in a reentry plan at
        any time prior to the expiration of the minimum sentence or
        at the expiration of a specified portion of the minimum
        sentence. For maximum sentences of less than two years as
        defined under section 9762(f) (relating to sentencing
        proceeding; place of confinement), a court may parole a
        defendant prior to the expiration of the minimum sentence
        only if the defendant was made eligible to participate in a
        reentry plan at the time of sentencing. The court shall
        provide at least ten days' written notice and an opportunity
        to be heard, pursuant to section 9776 (relating to judicial
        power to release inmates), to the prosecuting attorney before
        granting parole pursuant to this subsection. The reentry plan
        eligibility shall be considered a part of the sentence and
        subject to the requirements relating to the entry, recording
        and reporting of sentences.
        (b.1)  Recidivism risk reduction incentive minimum
     sentence.--The court shall determine if the defendant is
     eligible for a recidivism risk reduction incentive minimum
     sentence under 61 Pa.C.S. Ch. 45 (relating to recidivism risk
     reduction incentive). If the defendant is eligible, the court
     shall impose a recidivism risk reduction incentive minimum
     sentence in addition to a minimum sentence and maximum sentence
     except, if the defendant was previously sentenced to two or more
     recidivism risk reduction incentive minimum sentences, the court
     shall have the discretion to impose a sentence with no
     recidivism risk reduction incentive minimum.
        (c)  Prohibition of parole for summary offenses.--The court
     may impose a sentence to imprisonment without the right to
     parole under this subsection only when:
            (1)  a summary offense is charged;
            (2)  sentence is imposed for nonpayment of fines or
        costs, or both, in which case the sentence shall specify the
        number of days to be served; and
            (3)  the maximum term or terms of imprisonment imposed on
        one or more indictments to run consecutively or concurrently
        total less than 30 days.
        (c.1)  Sentence of total confinement combined with sentence
     of county intermediate punishment.--The court may impose a
     sentence of imprisonment without parole under this subsection
     only when:
            (1)  the period of total confinement is followed
        immediately by a sentence imposed pursuant to section 9763
        (relating to sentence of county intermediate punishment) in
        which case the sentence of total confinement shall specify
        the number of days of total confinement also to be served;
        and
            (2)  the maximum sentence of total confinement imposed on
        one or more indictments to run consecutively or concurrently
        total 90 days or less.
        (d)  Prisoner release plans.--This section shall not be
     interpreted as limiting the authority of the Bureau of
     Correction as set forth in the act of July 16, 1968 (P.L.351,
     No.173), as amended, relating to prisoner pre-release centers
     and release plans, or the authority of the court as set forth in
     the act of August 13, 1963 (P.L.774, No.390), as amended,
     relating to prisoner release for occupational and other
     purposes.
        (e)  Definitions.--As used in this section, the term "reentry
     plan" is a release plan that may include drug and alcohol
     treatment, behavioral health treatment, job training, skills
     training, education, life skills or any other condition deemed
     relevant by the court.
     (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000,
     P.L.345, No.41, eff. 60 days; Nov. 19, 2004, P.L.855, No.112,
     eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days;
     Aug. 11, 2009, P.L.147, No.33, eff. 60 days)

        2009 Amendment.  Act 33 amended subsecs. (b), (b.1) and (e).
        2004 Amendment.  Act 112 amended subsec. (c.1)
        2000 Amendment.  Act 41 amended subsec. (c) and added subsec.
     (c.1).
        1982 Amendment.  Act 326 amended subsec. (d).
        References in Text.  The Bureau of Correction, referred to in
     subsec. (d), is now the Department of Corrections.
          The act of August 13, 1963 (P.L.774, No.390), referred to
     in subsec. (d), was repealed by the act of August 11, 2009
     (P.L.147, No.33). The subject matter is now contained in Part II
     of Title 61 (Prisons and Parole).
          The act of July 16, 1968 (P.L.351, No.173), referred to as
     the Prisoner Pre-release Plan Law, referred to in subsec. (d),
     was repealed by the act of August 11, 2009 (P.L.147, No.33). The
     subject matter is now contained in Chapter 37 of Title 61
     (Prisons and Parole).
        Cross References.  Section 9756 is referred to in sections
     2154, 9763 of this title.