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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

204 Pa. Code § 303.12. Guideline sentence recommendations: sentencing and correctional programs.

§ 303.12. Guideline sentence recommendations: sentencing and correctional programs.

 (a)  County intermediate punishment (CIP) programs as restrictive conditions of probation. County intermediate punishment programs are developed, implemented and operated for the following purposes: to protect society and promote efficiency and economy in the delivery of correctional services; to promote accountability of offenders to their local community; to fill gaps in local correctional systems and address local needs through expansion of punishment and services available to the court; and to provide opportunities for offenders who demonstrate special needs to receive services which enhance their ability to become contributing members of the community.

   (1)  Eligibility.

     (i)   The following regulations and statutes govern operation of and eligibility for county intermediate punishment programs as restrictive conditions of probation:

       37 Pa. Code §  451.111 et seq.

       42 Pa.C.S. § §  2154, 2154.1, 9754, 9763, §  9773 and Chapter 98

       204 Pa. Code §  303.9 and §  303.11

     (ii)   Sentence recommendations which include an option of county intermediate punishment programs as restrictive conditions of probation for certain offenders are described in §  303.9(e)(4) and (5).

   (2)  The county intermediate punishment plan, as described in 42 Pa.C.S. Chapter 98, provides a mechanism to advise the court of the extent and availability of services and programs authorized in the county. This plan includes information on the appropriate classification and use of county programs based on program-specific requirements.

   (3)  (Reserved).

   (4)  Restrictive conditions of probation. Restrictive conditions of probation, as provided in 42 Pa.C.S. §  9763(d), are defined as programs that provide for strict supervision of the offender. The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of offenders. All programs must meet the statutory requirements for restrictive DUI probation conditions (relating to 42 Pa.C.S. §  9763(c)) and restrictive conditions of probation (relating to 42 Pa.C.S. §  9763(d)) and the minimum standards provided in the Pennsylvania Commission on Crime and Delinquency regulations (37 Pa. Code Chapter 451) for county intermediate punishments, and comply with the guidelines adopted pursuant to 42 Pa.C.S. §  2151.1 relating to adoption of guidelines for restrictive conditions).

     (i)   Restrictive conditions of probation:

       (A)   house the person full time or part time; or

       (B)   significantly restrict the person’s movement and monitor the offender’s compliance with the program, including electronic monitoring or home confinement.

 

     (ii)   An offender under consideration for restrictive conditions of probation at Level 4 or Level 3 shall have a diagnostic assessment of dependency on alcohol or other drugs conducted by one of the following: the Pennsylvania Department of Drug and Alcohol Programs or a designee; the county authority on drugs and alcohol or a designee; or clinical personnel of a facility licensed by the Department of Drug and Alcohol Programs.

     (iii)   An offender assessed to be dependent shall be evaluated for purposes of a treatment recommendation by one of the above listed assessors. The evaluation shall take into account the level of motivation of the offender. If sentenced to a restrictive conditions of probation, the sentence shall be consistent with the level of care and length of stay prescribed in the treatment recommendation, regardless of the standard range sentencing recommendation.

     (iv)   An offender assessed as not in need of drug or alcohol treatment may be placed in any approved restrictive condition of probation. Each day of participation in a restrictive condition of probation shall be considered the equivalent of one day of total confinement for guideline sentence recommendations.

     (v)   The court may impose restrictive DUI probation conditions in lieu of incarceration for certain convictions under 75 Pa.C.S. §  3802 (relating to Driving Under the Influence of Alcohol or Controlled Substance).

   (5)  (Reserved).

   (6)  Restrictive DUI probation conditions. In accordance with 42 Pa.C.S. §  9763(c) and §  303.9, restrictive DUI probation conditions may be used to satisfy the mandatory minimum sentencing requirements of certain convictions under 75 Pa.C.S. §  1543(b), former 75 Pa.C.S. §  3731 or 75 Pa.C.S. §  3804 for a first, second or third offense under 75 Pa.C.S. Chapter 38.

     (i)   Unless otherwise provided in statute, Restrictive DUI probation condition include:

       (A)   if the defendant is determined to be in need of drug and alcohol treatment, and receives a penalty imposed under 75 Pa.C.S. §  1543(b), former 75 Pa.C.S. §  3731, 75 Pa.C.S. §  3804 or a first, second or third offense under 75 Pa.C.S. Chapter 38, a sentence with restrictive DUI probation conditions shall include participation in drug and alcohol treatment under 75 Pa.C.S. §  3815(c), and shall have restrictive DUI probation conditions of:

         (I)   a residential inpatient program or residential rehabilitative center;

         (II)   house arrest with electronic surveillance;

         (III)   a partial confinement program such as work release, a work camp or a halfway facility; or

         (IV)   any combination of these programs.

       (B)   if the defendant is determined not to be in need of drug and alcohol treatment, the defendant shall have restrictive DUI probation conditions of:

         (I)   house arrest with electronic surveillance; or

         (II)   partial confinement programs such as work release, a work camp or a halfway facility; or

         (III)   any combination of these programs.

 (b)  State Motivational Boot Camp (BC). A program for eligible persons committed to the Department of Corrections in which inmates participate for a period of six months in a humane program which provides rigorous physical activity, intensive regimentation and discipline, work on public projects, substance abuse treatment services licensed by the Department of Health, continuing education, vocational training, prerelease counseling and community corrections aftercare.

   (1)  Eligibility.

     (i)   The following statute governs operation of and eligibility for the State Motivational Boot Camp: 61 Pa.C.S. Chapter 39.

     (ii)   Boot Camp is recommended for eligible persons less than 40 years of age committed to the Department of Corrections with a minimum term not more than two years and a maximum term of five years or less; or a minimum term not more than three years and within two years of completing the minimum term. The court may exercise discretion to exclude the person from eligibility. If eligible, the person must give consent to enter the program.

   (2)  The court shall indicate on the offender’s commitment order and the Guideline Sentence Form if the person is excluded from eligibility for the boot camp program. The Department of Corrections makes the final determination as to whether the offender will be accepted into the boot camp program.

   (3)  Upon successful completion of the program, the person shall be immediately released on parole, subject to intensive supervision. Expulsion from the program results in the person’s continued service of the original sentence imposed, with consideration of parole upon completion of the minimum term.

 (c)  State Drug Treatment Program (SDP). A 24-month program for drug-related persons committed to the Department of Corrections designed to address the individually assessed drug and alcohol abuse and addition needs of a participant and to address other issues essential to the participant’s successful reintegration into the community, including, but not limited to, educational and employment issues.

   (1)  Eligibility.

     (i)   The following statute governs operation of and eligibility for State Drug Treatment Program: 61 Pa.C.S. Chapter 41.

     (ii)   State Drug Treatment Program is recommended for eligible persons convicted of drug-related offenses committed to the Department of Corrections with a minimum term not more than two years and a maximum term of five years or less; or a minimum term not more than five years and within two years of completing the minimum term. The court and the prosecutor may exercise discretion to exclude the person from eligibility. If eligible, the person must give consent to enter the program, and the DOC assessment must conclude that the person is in need of drug and alcohol addiction treatment.

   (2)  The court shall indicate on the offender’s commitment order and the Guideline Sentence Form if the person is excluded from eligibility for the State Drug Treatment Program. The Department of Corrections makes the final determination as to whether the offender will be accepted into the State Drug Treatment Program.

   (3)  Upon successful completion of the program, the entire term of confinement that rendered the person eligible to participate in the State Drug Treatment Program shall be deemed to have been served. Expulsion from the program results in the person’s continued service of the original sentence imposed, with consideration of parole upon completion of the minimum term.

   (4)  The court may impose a consecutive period of probation. The total duration of a sentence of state confinement and consecutive probation may not exceed the maximum term for which the eligible offender could otherwise be sentenced.

 (d)  Recidivism Risk Reduction Incentive (RRRI). A program to encourage eligible non-violent offenders committed to the Department of Corrections to participate in and successfully complete evidence-based programs that reduce the likelihood of recidivism and improve public safety.

   (1)  Eligibility.

     (i)   The following statute governs operation of and eligibility for the Recidivism Risk Reduction Incentive Program: 61 Pa.C.S. Chapter 45.

     (ii)   Recidivism Risk Reduction Incentive Program is an individualized plan that contains approved treatment and other approved programs designed to reduce recidivism risk of a specific inmate. If the court determines the person committed to the Department is statutorily eligible, the court shall provide notice of eligibility to the person, and the court shall direct the Department to calculate the RRRI minimum sentence.

   (2)  The court shall indicate on the offender’s commitment order and the Guideline Sentence Form if the person is eligible and direct the Department to calculate the RRRI minimum sentence. The RRRI minimum sentence is three-fourths of the minimum sentence when the minimum sentence is three years or less. The RRRI minimum sentence is offender is five-sixths of the minimum sentence when the minimum sentence is greater than three years.

   (3)  Upon certification by the Department that the person has completed all requirements of the program and remains an eligible offender, the Parole Board may grant parole upon the expiration of the RRRI minimum sentence.

 (e)  Short Sentence Parole (SSP). A program for eligible non-violent offenders committed to the Department of Corrections with an aggregate minimum sentence of confinement of two years or less for which parole at minimum without an interview is authorized

   (1)  Eligibility.

     (i)   The following statute governs operation of and eligibility for Short Sentence Parole: 61 Pa.C.S. §  6137.1.

     (ii)   Short Sentence Parole requires the Parole Board to approve for parole an eligible person at the expiration of the minimum date or RRRI minimum date, whichever is shorter, without requiring an interview.

   (2)  A person shall not be eligible for Short Sentence Parole if found guilty of a major disciplinary infraction while confined in a county or state correctional institution, or has pending felony charges.

 (f)  Reentry Programs

   (1)  County Reentry Program (as provided in 42 Pa.C.S. §  9756(b)(3))

     (i)   A release plan that may include drug and alcohol treatment, behavioral health treatment, job training, skills training, education, life skills or any other condition deemed relevant by the court.

     (ii)   At the time of sentencing, the court shall state whether or not the defendant is eligible to participate in a reentry plan at any time prior to the expiration of the minimum sentence or at the expiration of a specified portion of the minimum sentence.

     (iii)   The reentry plan eligibility shall be considered a party of the sentence and subject to the requirements related to the entry, recording and reporting of sentences.

   (2)  State Reentry Supervision (as provided in 61 Pa.C.S. §  6137.2)

     (i)   Requirement that applies to persons committed to the Department of Corrections with an aggregate minimum sentence of total confinement of four years or more.

     (ii)   At the time of sentencing, a period of reentry supervision of 12 months shall be imposed consecutive to and in addition to any other lawful sentence issued by the court.

     (iii)   The Court may impose the period of reentry supervision required in addition to the maximum sentence permitted for the offense for which the person was convicted.

     (iv)   Persons who have been granted any period of parole during the same period of incarceration shall be deemed to have served the reentry supervision requirement.

   (3)  Mandatory period of probation for certain sexual offenders (as provided in 42 Pa.C.S. §  9718.5)

     (i)   Requirement that applies to persons convicted of an offense under 42 Pa.C.S. §  9799.14(d) (relating to sexual offenses and tier system)

     (ii)   At the time of sentencing, a mandatory period of probation of three years shall be imposed consecutive to and in addition to any other lawful sentence issued by the court.

     (iii)   The court may impose the term of probation required in addition to the maximum sentence permitted for the offense for which the person was convicted.

Source

   The provisions of this §  303.12 adopted February 15, 1994, effective August 12, 1994, 24 Pa.B. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa.B. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa.B. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa.B. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa.B. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa.B. 3655; amended September 25, 2020, effective January 1, 2021, 50 Pa.B. 5341. Immediately preceding text appears at serial pages (399082) to (399085).

Notes of Decisions

   Alternative Housing

   When the county had designated alternative housing as intermediate punishment, the trial court could not sentence appellant to alternative housing for a crime which carries a mandatory minimum sentence. Commonwealth v. Koskey, 812 A.2d 509 (Pa. Cmwlth. 2002).

   Home Confinement with Electronic Monitoring

   Individual released on bail pending appeal not considered in custody for purposes of awarding credit toward prison sentence for time spent subject to home confinement with electronic monitoring. Commonwealth v. Kyle, 874 A.2d 12, 13 (Pa. 2005).

Cross References

   This section cited in 204 Pa. Code §  303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Code §  303.9 (relating to guideline sentence recommendation: general); 204 Pa. Code §  303.11 (relating to guideline sentence recommendation: sentencing levels); and 204 Pa. Code §  307.4 (relating to guideline resentence recommendations).



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