2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9762 - Sentencing proceeding; place of confinement.

     § 9762.  Sentencing proceeding; place of confinement.
        (a)  Sentences or terms of incarceration imposed before a
     certain date.--For the three-year period beginning on the
     effective date of this subsection, all persons sentenced to
     total or partial confinement for the following terms shall be
     committed as follows:
            (1)  Maximum terms of five or more years shall be
        committed to the Department of Corrections for confinement.
            (2)  Maximum terms of two years or more but less than
        five years may be committed to the Department of Corrections
        for confinement or may be committed to a county prison within
        the jurisdiction of the court.
            (3)  Maximum terms of less than two years shall be
        committed to a county prison within the jurisdiction of the
        court.
        (b)  Sentences or terms of incarceration imposed after a
     certain date.--All persons sentenced three or more years after
     the effective date of this subsection to total or partial
     confinement shall be committed as follows:
            (1)  Maximum terms of five or more years shall be
        committed to the Department of Corrections for confinement.
            (2)  Maximum terms of two years or more but less than
        five years shall be committed to the Department of
        Corrections for confinement, except upon a finding of all of
        the following:
                (i)  The chief administrator of the county prison, or
            the administrator's designee, has certified that the
            county prison is available for the commitment of persons
            sentenced to maximum terms of two or more years but less
            than five years.
                (ii)  The attorney for the Commonwealth has consented
            to the confinement of the person in the county prison.
                (iii)  The sentencing court has approved the
            confinement of the person in the county prison within the
            jurisdiction of the court.
            (3)  Maximum terms of less than two years shall be
        committed to a county prison within the jurisdiction of the
        court.
        (c)  Certification.--The chief administrator of the county
     prison, or the administrator's designee, may issue a
     certification under subsection (b)(2)(i) if the county prison
     population is less than 110% of the rated capacity of the county
     prison. The chief administrator shall revoke any previously
     issued certification if the prison population exceed 110% of the
     rated capacity. The president judge of the court, the district
     attorney and the chief public defender of the county shall be
     served with a written copy of any certification or revocation.
        (d)  County intermediate punishment.--Nothing in this section
     shall prevent a judge from sentencing an offender to county
     intermediate punishment which does not require confinement
     within county prison if otherwise authorized by law.
        (e)  Reimbursement.--Beginning three years after the
     effective date of this subsection:
            (1)  The Department of Corrections shall reimburse to the
        counties the reasonable cost of confinement of every Level 4
        or 5 offender as identified in the Basic Sentencing Matrix
        promulgated by the Pennsylvania Commission on Sentencing who
        is participating in an approved work release program. The
        reimbursement per prisoner shall not exceed the average per-
        prisoner cost of confinement paid by the Commonwealth for the
        confinement of prisoners in the Department of Corrections. No
        more than $2,500,000 shall be expended annually for this
        purpose. Reimbursement shall be made on a pro rata basis if
        the total dollar amount of eligible confinement costs exceeds
        $2,500,000. Nothing in this paragraph shall prevent more than
        $2,500,000 being appropriated for this purpose. Reimbursement
        shall be made on a pro rata basis if the total dollar amount
        of eligible confinement costs exceeds any additional
        appropriation. A county shall not be reimbursed under this
        section for any offender participating in an approved work
        release program for whom the county is being or has been
        reimbursed from any other State funds regardless of their
        source.
            (2)  County prisons may require reimbursements from other
        county prisons or the Department of Corrections for inmates
        voluntarily accepted for incarceration at mutually agreeable
        rates. The Department of Corrections shall maintain a list of
        those counties willing to accept voluntary placement of out-
        of-county inmates.
        (f)  Aggregation.--For purposes of this section, the
     sentences or terms of incarceration shall mean the entire
     continuous term of incarceration to which a person is subject,
     notwithstanding whether the sentence is the result of any of the
     following:
            (1)  One or more sentences.
            (2)  Sentences imposed for violations of probation or
        intermediate punishment.
            (3)  Sentences to be served upon recommitment for
        violations of parole.
            (4)  Any other manner of sentence.
        (g)  Date of imposition.--For purposes of this section, if a
     person is subject to multiple sentences or terms of
     incarceration or any combination of sentences or terms, the date
     of the last sentence imposed or the date of recommitment,
     whichever is later, shall determine the place of incarceration
     and whether reimbursement is required.
        (h)  Transfer of prisoners.--Nothing in this section shall
     prohibit the transfer of prisoners otherwise authorized by law
     or prevent a judge from changing the place of confinement
     between State and county facilities to the extent that the judge
     would have such discretion at the time of imposition of sentence
     or recommitment.
     (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days)

        Cross References.  Section 9762 is referred to in section
     9756 of this title; sections 4505, 6132, 6134.1 of Title 61
     (Prisons and Parole); sections 3804, 3815 of Title 75
     (Vehicles).