2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1548 - Requirements for driving under influence offenders.

     § 1548.  Requirements for driving under influence offenders.
        (a)  Evaluation using Court Reporting Network.--(Deleted by
     amendment).
        (b)  Attendance at alcohol highway safety school.--(Deleted
     by amendment).
        (c)  Results of evaluation.--
            (1)  This subsection shall apply as follows:
                (i)  To offenders sentenced under section 3804(a)(3),
            (b)(2) and (c)(1) (relating to penalties) after January
            31, 2004, and before July 1, 2006.
                (ii)  To offenders sentenced under section 3804(a)(1)
            and (2) and (b)(1) after January 31, 2004, and before
            July 1, 2009.
            (2)  Based on the results of evaluation and any
        additional information and evidence, the court may in
        addition to any other requirements of the court or this title
        determine and require, as part of sentencing or condition of
        parole, probation or Accelerated Rehabilitative Disposition
        or other preliminary disposition, that the person
        successfully complete a prescribed program of individual or
        group intervention or supervised inpatient or outpatient
        treatment or any combination of these programs or treatments
        for a period of up to the statutorily available maximum. Any
        program of individual or group intervention or supervised
        inpatient or outpatient treatment shall be of a type approved
        by the Department of Health or operated by a facility or
        hospital that is under the authority of the United States
        Armed Forces or the Department of Veterans Affairs. Based on
        periodic reviews of the person's progress, the court may
        alter, modify or shorten or extend the duration of the
        requirements.
            (3)  This subsection shall expire July 1, 2009.
        (d)  Order for alcohol or drug commitment.--
            (1)  This subsection shall apply as follows:
                (i)  To offenders sentenced under section 3804(a)(3),
            (b)(2) and (c)(1) after January 31, 2004, and before July
            1, 2006.
                (ii)  To offenders sentenced under section 3804(a)(1)
            and (2) and (b)(1) after January 31, 2004, and before
            July 1, 2009.
            (2)  If after evaluation and further examination and
        hearing it is determined that a defendant is an alleged
        chronic abuser of alcohol or controlled substances or that
        the person is a severely debilitated controlled substance or
        alcohol abuser who represents a demonstrated and serious
        threat, the court may order the person committed for
        treatment at a facility or institution approved by the
        Department of Health or operated by a facility or hospital
        that is under the authority of the United States Armed Forces
        or the Department of Veterans Affairs. If the defendant has
        been convicted of a previous violation of section 3731, the
        court shall order the person committed to a drug and alcohol
        treatment program licensed by the Office of Drug and Alcohol
        Programs of the Department of Health or operated by a
        facility or hospital that is under the authority of the
        United States Armed Forces or the Department of Veterans
        Affairs:
                (i)  Any person subject to this subsection may be
            examined by an appropriate physician of the person's
            choosing and the result of the examination shall be
            considered by the court.
                (ii)  Upon motion duly made by the committed person,
            an attorney or an attending physician, the court at any
            time after an order of commitment may review the order.
            After determining the progress of treatment, the court
            may order its continuation, the person's release or
            supervised treatment on an outpatient basis.
                (iii)  Any person ordered by the court to receive
            treatment after a first offense, and any person required
            to receive treatment after a second offense under section
            3731 must demonstrate to the court that the defendant has
            successfully completed treatment according to all
            guidelines required by the program before the person's
            operating privilege may be restored.
            (3)  This subsection shall expire July 1, 2009.
        (e)  Costs.--Costs of any and all requirements applied under
     this section shall be in addition to any other penalty required
     or allowed by law and shall be the responsibility of the person
     upon whom the requirements are placed. This subsection shall
     expire July 1, 2009.
        (f)  Court-ordered intervention or treatment.--
            (1)  This subsection shall apply as follows:
                (i)  To offenders sentenced under section 3804(a)(3),
            (b)(2) and (c)(1) after January 31, 2004, and before July
            1, 2006.
                (ii)  To offenders sentenced under section 3804(a)(1)
            and (2) and (b)(1) after January 31, 2004, and before
            July 1, 2009.
            (2)  A record shall be submitted to the department as to
        whether the court did or did not order a defendant to attend
        a program of supervised individual or group counseling
        treatment or supervised inpatient or outpatient treatment. If
        the court orders treatment, a report shall be forwarded to
        the department as to whether the defendant successfully
        completed the program. If a defendant fails to successfully
        complete a program of treatment as ordered by the court, the
        suspension shall remain in effect until the department is
        notified by the court that the defendant has successfully
        completed treatment and the defendant is otherwise eligible
        for restoration of his operating privilege. In order to
        implement the recordkeeping requirements of this section, the
        department and the court shall work together to exchange
        pertinent information about a defendant's case, including
        attendance and completion of treatment or failure to complete
        treatment.
            (3)  This subsection shall expire July 1, 2009.
     (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Nov. 23, 1987,
     P.L.399, No.82, eff. 60 days; July 11, 1990, P.L.513, No.122,
     eff. Dec. 1, 1990; June 25, 1999, P.L.164, No.23, eff. 180 days;
     Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)