2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9771 - Modification or revocation of order of probation.


                               SUBCHAPTER F
                         FURTHER JUDICIAL ACTION

     Sec.
     9771.  Modification or revocation of order of probation.
     9772.  Failure to pay fine.
     9773.  Modification or revocation of county intermediate
            punishment sentence.
     9774.  Revocation of State intermediate punishment sentence.
     9775.  Parole without board supervision.
     9776.  Judicial power to release inmates.
     9777.  Transfer of inmates in need of medical treatment.
     § 9771.  Modification or revocation of order of probation.
        (a)  General rule.--The court may at any time terminate
     continued supervision or lessen or increase the conditions upon
     which an order of probation has been imposed.
        (b)  Revocation.--The court may revoke an order of probation
     upon proof of the violation of specified conditions of the
     probation. Upon revocation the sentencing alternatives available
     to the court shall be the same as were available at the time of
     initial sentencing, due consideration being given to the time
     spent serving the order of probation.
        (c)  Limitation on sentence of total confinement.--The court
     shall not impose a sentence of total confinement upon revocation
     unless it finds that:
            (1)  the defendant has been convicted of another crime;
        or
            (2)  the conduct of the defendant indicates that it is
        likely that he will commit another crime if he is not
        imprisoned; or
            (3)  such a sentence is essential to vindicate the
        authority of the court.
        (d)  Hearing required.--There shall be no revocation or
     increase of conditions of sentence under this section except
     after a hearing at which the court shall consider the record of
     the sentencing proceeding together with evidence of the conduct
     of the defendant while on probation. Probation may be eliminated
     or the term decreased without a hearing.

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