42 Pa.C.S. Ch. 98

in effect

42 Pa.C.S. § 9801 Short title of chapter.

This chapter shall be known and may be cited as the County Intermediate Punishment Act.

42 Pa.C.S. § 9802 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Board." A county prison board, in counties of the first and second class, the Criminal Justice Coordinating Commission or its successor agency. "Commission." The Pennsylvania Commission on Crime and Delinquency. "County intermediate punishment plan." A document which describes a proposed intermediate punishment program. "County intermediate punishment program." A residential or nonresidential program provided in a community for eligible offenders. "Court." The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter. Trial judge may include a magisterial district judge if use of intermediate punishment programs by the minor judiciary is approved by the court of common pleas via administrative order or local rule. "Eligible offender." Subject to section 9721(a.1) (relating to sentencing generally), a person convicted of an offense who would otherwise be sentenced to a county correctional facility, who does not demonstrate a present or past pattern of violent behavior and who would otherwise be sentenced to partial confinement pursuant to section 9724 (relating to partial confinement) or total confinement pursuant to section 9725 (relating to total confinement). The term does not include an offender who has been convicted or adjudicated delinquent of a crime requiring registration under Subchapter H of Chapter 97 (relating to registration of sexual offenders) or an offender with a current conviction or a prior conviction within the past ten years for any of the following offenses: 18 Pa.C.S. § 2502 (relating to murder). 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). 18 Pa.C.S. § 2702 (relating to aggravated assault). 18 Pa.C.S. § 2703 (relating to assault by prisoner). 18 Pa.C.S. § 2704 (relating to assault by life prisoner). 18 Pa.C.S. § 2901(a) (relating to kidnapping). 18 Pa.C.S. § 3122.1(a)(1) (relating to statutory sexual assault). 18 Pa.C.S. § 3301 (relating to arson and related offenses). 18 Pa.C.S. § 3502 (relating to burglary) when graded as a felony of the first degree. 18 Pa.C.S. § 3701 (relating to robbery). 18 Pa.C.S. § 3923 (relating to theft by extortion). 18 Pa.C.S. § 4302(a) (relating to incest). 18 Pa.C.S. § 5121 (relating to escape). "Nonprofit agency." A not-for-profit human service organization which provides treatment, guidance, counseling, training or rehabilitation services to individuals, families or groups. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 1, 2004, P.L.1778, No.233, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days) Amendment . Act 122 amended the def. of "eligible offender." 2004 Amendment. Act 207 amended the def. of "court." See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

42 Pa.C.S. § 9803 Purpose.

County intermediate punishment programs shall be developed, implemented and operated for the following purposes: (1) To protect society and promote efficiency and economy in the delivery of corrections services. (2) To promote accountability of offenders to their local community. (3) To fill gaps in local correctional systems and address local needs through expansion of punishment and services available to the court. (4) To provide opportunities for offenders who demonstrate special needs to receive services which enhance their ability to become contributing members of the community.

42 Pa.C.S. § 9804 County intermediate punishment programs.

(a) Description.--County intermediate punishment programs are restrictive conditions of probation imposed under section 9763(c) or (d) (relating to conditions of probation), which may be subject to guidelines adopted under section 2154.1 (relating to adoption of guidelines for restrictive conditions). (1) (Deleted by amendment). (2) (Deleted by amendment). (b) Eligibility.-- (1) (i) Upon adoption of guidelines for imposing restrictive conditions adopted by the Pennsylvania Commission on Sentencing under section 2154.1, only eligible persons may have restrictive conditions imposed. (ii) The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue. (iii) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements. (2) Only programs that meet the requirements of restrictive conditions of probation under section 9763(c) or (d) and are certified in accordance with section 2154.1(b) shall be eligible for county intermediate punishment program funding. (3) (Deleted by amendment). (4) (Deleted by amendment). (5) (Deleted by amendment). (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.; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

42 Pa.C.S. § 9805 Boards.

(a) Duty of board.--To qualify for funding under this chapter, a board must develop a county intermediate punishment program plan to be submitted to the commission. (b) Joint judicial districts.--Where two counties comprise a joint judicial district, the counties may jointly submit a plan which shall require the concurrence of a majority of members from the boards of each county. The president judge of the judicial district shall chair the meetings of both boards for actions necessary pursuant to this chapter. (c) Counties with no board.--If a county of the sixth, seventh or eighth class does not have a prison board, the county shall establish an intermediate punishment board for the purpose of complying with the requirements of this chapter. The intermediate punishment board shall consist of the president judge of the court of common pleas or his designee, the district attorney, the sheriff, the controller and the county commissioners. (d) Powers and duties.--A board has the following powers and duties: (1) To assess available countywide correctional services and future needs. (2) To work with the county office of probation and parole in developing the county intermediate punishment plan. (3) To adopt a county intermediate punishment plan, including program polices for administration. (4) To make recommendations to the board of county commissioners, or chief executive officer in counties of the first class, on contracts with private providers or nonprofit agencies for the provision of intermediate punishment programs. (5) To monitor the effectiveness of county correctional services and identify needed modifications. (6) To make recommendations to the board of county commissioners, or chief executive officer in counties of the first class, regarding the purchase, lease or transfer of lands, buildings and equipment necessary to carry out the intermediate punishment plan. (7) To designate the appropriate county office to maintain a case record for each individual admitted to a county intermediate punishment program within the county. (8) To make an annual report on the program to the governing body of the county, the Pennsylvania Commission on Sentencing and the commission. (9) To develop the county intermediate punishment plan under section 9806 (relating to county intermediate punishment plan). (e) Advice to board.-- (1) When developing the county intermediate punishment plan, the board shall consult with county criminal justice and related human service providers as well as the public. (2) At a minimum, the following shall be consulted for the purpose of developing the plan: (i) Court of common pleas. (ii) Board of county commissioners. (iii) Intermediate Punishment Office. (iv) Adult Probation and Parole Office. (v) County jail. (vi) District attorney. (vii) Public defender or defense bar. (viii) Single county authority. (ix) Mental Health/Mental Retardation Office. (x) Citizen input. (xi) Victim input. (3) The board may elect one of the following methods to solicit plan input from providers and the public: (i) Expand the membership of the board for purposes of developing the county intermediate punishment plan to include those listed in paragraph (2). (ii) Appoint an intermediate punishment advisory committee to include those listed in paragraph (2) to undertake any duties assigned by the board. (iii) Develop an alternate process approved by the Pennsylvania Commission on Crime and Delinquency and involving those listed in paragraph (2).

42 Pa.C.S. § 9806 County intermediate punishment plan.

(a) Requirement.--The board may develop a plan for the implementation and operation of intermediate punishment programs in the county. The plan shall provide for all of the following: (1) An assessment of available countywide correctional services and future needs. (2) A review of current sentencing procedures and the impact these procedures have on county correctional resources. (3) A review of current alternatives to pretrial detention and the potential these programs have for affecting the jail population. (4) A description of the existing resources in the county which can be used as intermediate punishments or services to offenders sentenced to intermediate punishment. (5) The formulation of policy statements targeted to the needs identified by the county and the impact these policies will have on the use of confinement and intermediate punishment. (6) The development of goals and objectives which are aimed at effective utilization of existing and projected correctional resources. (7) The development of an evaluation strategy which measures the qualitative and quantitative performances of all programs. (b) Technical assistance.--The commission shall provide technical assistance to develop community corrections plans. (c) Review and approval.--The plan shall be submitted to the commission for review and approval in the format designated by the commission. The commission shall complete its review within 90 days of submission. Failure to disapprove or recommend amendment within 90 days shall constitute approval. (d) Formal submission.--The plan and any proposed changes thereto shall be submitted on an annual basis. Cross References. Section 9806 is referred to in section 9805 of this title.

42 Pa.C.S. § 9807 Commission.

(a) Powers and duties.--The commission shall have the following powers and duties: (1) Subject to the provisions of subsection (b), to adopt rules and regulations pursuant to this act regarding: (i) The submission, review and approval of county intermediate punishment plans. (ii) Standards for the development, operation and evaluation of programs and services. In promulgating regulations under this subparagraph, the commission shall consider comments submitted by the counties. (iii) The administration and disbursement of funds under this chapter. (2) To provide training and technical assistance to boards and program staff. (3) To ensure that all programs are in compliance with applicable Federal, State and local law. (4) To monitor county intermediate punishment programs to determine their impact on offenders. (5) To remit funds as provided for under section 9808 (relating to funding and audits). (b) Interim regulations.--Pending adoption and publication of final rules and regulations, the commission shall have the power and authority to suspend existing regulations and to promulgate, adopt, publish and use interim regulations for the implementation of this chapter for a period of one year immediately following the effective date of this chapter or until the effective date of final rules and regulations, whichever first occurs. Notwithstanding any other provision of law to the contrary, the interim regulations proposed under the authority of this section shall be subject to review by the Office of General Counsel and the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and shall not be subject to review pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

42 Pa.C.S. § 9808 Funding and audits.

(a) Eligibility.--Subject to the availability of funding, counties with approved plans shall be eligible for direct funding determined by the commission to support the cost of intermediate punishment programs. This chapter shall not be construed to prohibit the use of Federal funds. (b) Audit.--Annual reports and all financial records shall be subject to annual audit by the Auditor General. Cross References. Section 9808 is referred to in section 9807 of this title.

42 Pa.C.S. § 9809 Prohibitions.

(a) General rule.--Recipients may not use funds granted under this chapter to supplant existing funds from the State or local government for existing correctional programs or for the construction, renovation or operation of a State, county or municipal incarceration facility. (b) Administrative costs.--Administrative costs connected with the expenditure of county intermediate punishment funds under this chapter may not exceed a percentage amount established by the commission.

42 Pa.C.S. § 9810 Continued eligibility.

(a) Evaluation.--In order to remain eligible for county intermediate punishment funding, a county shall comply with commission standards and regulations and participate in an evaluation to determine program effectiveness. The form of the evaluation shall be determined by the commission and shall include certification by the Pennsylvania Commission on Sentencing under section 2154.1(b) (relating to adoption of guidelines for restrictive conditions). (b) Suspension of funding.-- (1) If the commission determines that there are reasonable grounds to believe that a county is not complying with its plan or minimum standards, the commission shall give 30 days' written notice to the board. (2) If the commission finds noncompliance, it shall require the board to provide a written agreement as to how and when the specific deficiencies identified will be corrected. (3) If no agreement is submitted to the commission within the time limit or if the deficiencies are not corrected within 45 days after an agreement has been approved by the commission, the commission may suspend part or all of the funding until compliance is achieved. (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended subsec. (a).

42 Pa.C.S. § 9811 Nonapplication of certain provisions.

The provisions of the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, shall not apply to counties which jointly submit a plan under the provisions of this chapter. References in Text. The act of July 12, 1972, P.L.762, No.180, referred to as the Intergovernmental Cooperation Law, referred to in this section, was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter A of Chapter 23 of Title 53 (Municipalities Generally).

42 Pa.C.S. § 9812 Construction.

Nothing in this chapter shall be construed as creating an enforceable right in any person to participate in an intermediate punishment program in lieu of incarceration. Nothing in this chapter shall be construed as requiring any county to appropriate funds for the implementation of an intermediate punishment program except as may be necessary to qualify for funds under this chapter.

42 Pa.C.S. § 9813 Work release or other court order and purposes.

(a) Generally.--Notwithstanding any provision of law, if any offender has been sentenced to undergo imprisonment in a county jail for a term of less than five years, the court, at the time of sentence or at any time thereafter upon application made in accordance with this section, may enter an order making the offender eligible to leave the jail during necessary and reasonable hours for the purpose of working at his employment, conducting his own business or other self-employed occupation, including housekeeping and attending to the needs of family, seeking employment, attending an educational institution, securing medical treatment or for other lawful purposes as the court shall consider necessary and appropriate. (b) Procedure.--At the time of imposition of a county jail sentence, a crime victim receiving notice of the sentence imposed shall be informed that the offender may be eligible for an order under this section. An application for an order under this section shall be served on the attorney for the Commonwealth. Prior to granting any order under this section, the court shall ensure that the attorney for the Commonwealth and a registered crime victim have received notice of the application and had a reasonable opportunity to be heard on the application. (c) Revocation or modification of previously entered order.--The county jail officials may detain and recommit the offender or preclude the offender from leaving the county jail if the offender violates the conditions set by the jail officials or the court, or if allowing the offender to leave the county jail poses a risk to community safety or the orderly and safe management of the jail. The jail officials shall notify the court of such action. In addition, the order of court may be revoked or modified at any time with notice to the prisoner. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days) 2008 Amendment. Act 81 added section 9813.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026