2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9763 - Sentence of county intermediate punishment.

     § 9763.  Sentence of county intermediate punishment.
        (a)  General rule.--In imposing a sentence of county
     intermediate punishment, the court shall specify at the time of
     sentencing the length of the term for which the defendant is to
     be in a county intermediate punishment program established under
     Chapter 98 (relating to county intermediate punishment) or a
     combination of county 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 a county intermediate punishment
     program or a combination of county 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
        employment.
            (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
        programs.
            (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
        employment.
            (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
        programs.
            (15)  To do other things reasonably related to
        rehabilitation.
            (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.--
            (1)  Any person receiving a penalty imposed pursuant to
        75 Pa.C.S. § 1543(b) (relating to driving while operating
        privilege is suspended or revoked), former 75 Pa.C.S. § 3731
        (relating to driving under influence of alcohol or controlled
        substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a
        first, second or third offense under 75 Pa.C.S. Ch. 38
        (relating to driving after imbibing alcohol or utilizing
        drugs) may only be sentenced to county intermediate
        punishment after undergoing an assessment under 75 Pa.C.S. §
        3814 (relating to drug and alcohol assessments).
            (2)  If the defendant is determined to be in need of drug
        and alcohol treatment, the defendant may only be sentenced to
        county intermediate punishment which includes participation
        in drug and alcohol treatment under 75 Pa.C.S. § 3815(c)
        (relating to mandatory sentencing). The defendant may only be
        sentenced to county intermediate punishment in:
                (i)  a residential inpatient program or a residential
            rehabilitative center;
                (ii)  house arrest with electronic surveillance;
                (iii)  a partial confinement program such as work
            release, work camp and halfway facility; or
                (iv)  any combination of the programs set forth in
            this paragraph.
            (3)  If the defendant is determined not to be in need of
        drug and alcohol treatment, the defendant may only be
        sentenced to county intermediate punishment in:
                (i)  house arrest with electronic surveillance;
                (ii)  partial confinement programs such as work
            release, work camps and halfway facilities; or
                (iii)  any combination of the programs set forth in
            this paragraph.
        (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. Notwithstanding any other
     provision of law requiring notice prior to sentencing, in the
     event of a violation of a condition under subsection (b), the
     attorney for the Commonwealth may file notice at any time prior
     to resentencing of the Commonwealth's intention to proceed under
     an applicable provision of law requiring a mandatory minimum
     sentence.
     (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; June 22,
     2000, P.L.345, No.41, eff. 60 days; Sept. 30, 2003, P.L.120,
     No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff.
     180 days)

        2004 Amendment.  Act 112 amended the section heading and
     subsecs. (a) and (c).
        2000 Amendment.  Act 41 amended subsecs. (a) and (d).
        1990 Amendment.  Act 201 added section 9763.
        References in Text.  Section 3731 of Title 75, referred to in
     subsec. (c), is repealed. The subject matter is now in Chapter
     38 of Title 75 (Vehicles).
        Cross References.  Section 9763 is referred to in sections
     2154.1, 9721, 9755, 9756, 9773 of this title.