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County intermediate punishment programs - 42 Pa. Cons. Stat. § 9804

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     § 9804.  County intermediate punishment programs.
        (a)  Description.--County intermediate punishment program
     options shall include the following:
            (1)  Restrictive intermediate punishments providing for
        the strict supervision of the offender, including programs
        that:
                (i)  house the offender full or part time;
                (ii)  significantly restrict the offender's movement
            and monitor the offender's compliance with the program;
            or
                (iii)  involve a combination of programs that meet
            the standards set forth under subparagraphs (i) and (ii).
            (2)  When utilized in combination with restrictive
        intermediate punishments, restorative sanctions providing for
        nonconfinement sentencing options that:
                (i)  Are the least restrictive in terms of the
            constraint of the offender's liberties.
                (ii)  Do not involve the housing of the offender,
            either full or part time.
                (iii)  Focus on restoring the victim to pre-offense
            status.
        (b)  Eligibility.--
            (1)  No person other than the eligible offender shall be
        sentenced to a county intermediate punishment program.
            (2)  The Pennsylvania Commission on Sentencing shall
        employ the term "eligible offender" to further identify
        offenders who would be appropriate for participation in
        county intermediate punishment programs. In developing the
        guidelines, the commission shall give primary consideration
        to protection of the public safety.
            ((3)  Deleted by amendment).
            (4)  (i)  Any person receiving a penalty imposed pursuant
            to 75 Pa.C.S. § 1543(b) (relating to driving while
            operating privilege is suspended or revoked), 3804
            (relating to penalties) or 3808(a)(2) (relating to
            illegally operating a motor vehicle not equipped with
            ignition interlock) shall undergo an assessment under 75
            Pa.C.S. § 3814 (relating to drug and alcohol
            assessments).
                (ii)  If the defendant is determined to be in need of
            drug and alcohol treatment, a sentence to county
            intermediate punishment shall include 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:
                    (A)  a residential inpatient program or a
                residential rehabilitative center;
                    (B)  house arrest with electronic surveillance;
                    (C)  a partial confinement program such as work
                release, work camp and halfway facility; or
                    (D)  any combination of the programs set forth in
                this subparagraph.
                (iii)  If the defendant is determined not to be in
            need of drug and alcohol treatment or if the defendant
            receives a penalty imposed under 30 Pa.C.S. § 5502(c.1)
            (relating to operating watercraft under influence of
            alcohol or controlled substance), the defendant may only
            be sentenced to a county intermediate punishment program
            in:
                    (A)  house arrest with electronic surveillance;
                    (B)  partial confinement programs such as work
                release, work camps and halfway facilities; or
                    (C)  any combination of the programs set forth in
                this paragraph.
            (5)  A defendant subject to 75 Pa.C.S. § 3804 (relating
        to penalties) or 30 Pa.C.S. § 5502(c.1) may only be sentenced
        to county intermediate punishment for a first, second or
        third offense under 75 Pa.C.S. Ch. 38 (relating to driving
        after imbibing alcohol or utilizing drugs) or 30 Pa.C.S. §
        5502.
     (Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19,
     2004, P.L.855, No.112, eff. 180 days) July 8, 2007, P.L.82,
     No.27, eff. imd.)

        2007 Amendment.  Act 27 amended subsec. (b)(4)(iii) and (5).
        2004 Amendment.  Act 112 amended subsec. (b).
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Last modified: November 27, 2007