9721 - Sentencing generally.
SUBCHAPTER B SENTENCING AUTHORITY Sec. 9711. Sentencing procedure for murder of the first degree. 9712. Sentences for offenses committed with firearms. 9712.1. Sentences for certain drug offenses committed with firearms. 9713. Sentences for offenses committed on public transportation. 9714. Sentences for second and subsequent offenses. 9715. Life imprisonment for homicide. 9716. Two or more mandatory minimum sentences applicable. 9717. Sentences for offenses against elderly persons. 9718. Sentences for offenses against infant persons. 9718.1. Sexual offender treatment. 9718.2. Sentences for sex offenders. 9718.3. Sentence for failure to comply with registration of sexual offenders. 9719. Sentences for offenses committed while impersonating a law enforcement officer. 9719.1. Sentences for offenses committed against law enforcement officer. 9720. Sentencing for criminal mischief. 9720.1. Restitution for identity theft (Repealed). 9720.2. Sentencing for trafficking of persons. § 9721. Sentencing generally. (a) General rule.--In determining the sentence to be imposed the court shall, except as provided in subsection (a.1), consider and select one or more of the following alternatives, and may impose them consecutively or concurrently: (1) An order of probation. (2) A determination of guilt without further penalty. (3) Partial confinement. (4) Total confinement. (5) A fine. (6) County intermediate punishment. (7) State intermediate punishment. (a.1) Exception.-- (1) Unless specifically authorized under section 9763 (relating to a sentence of county intermediate punishment) or Chapter 99 (relating to State intermediate punishment), subsection (a) shall not apply where a mandatory minimum sentence is otherwise provided by law. (2) An eligible offender may be sentenced to State intermediate punishment pursuant to subsection (a)(7) and as described in Chapter 99, even if a mandatory minimum sentence would otherwise be provided by law. (b) General standards.--In selecting from the alternatives set forth in subsection (a), the court shall follow the general principle that the sentence imposed should call for confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the defendant. The court shall also consider any guidelines for sentencing and resentencing adopted by the Pennsylvania Commission on Sentencing and taking effect under section 2155 (relating to publication of guidelines for sentencing, resentencing and parole and recommitment ranges following revocation). In every case in which the court imposes a sentence for a felony or misdemeanor, modifies a sentence, resentences an offender following revocation of probation, county intermediate punishment or State intermediate punishment or resentences following remand, the court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed. In every case where the court imposes a sentence or resentence outside the guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing), 2154.1 (relating to adoption of guidelines for county intermediate punishment), 2154.2 (relating to adoption of guidelines for State intermediate punishment), 2154.3 (relating to adoption of guidelines for fines), 2154.4 (relating to adoption of guidelines for resentencing) and 2154.5 (relating to adoption of guidelines for parole) and made effective under section 2155, the court shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines to the commission, as established under section 2153(a)(14) (relating to powers and duties). Failure to comply shall be grounds for vacating the sentence or resentence and resentencing the defendant. (c) Mandatory restitution.--In addition to the alternatives set forth in subsection (a) of this section the court shall order the defendant to compensate the victim of his criminal conduct for the damage or injury that he sustained. For purposes of this subsection, the term "victim" shall be as defined in section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (d) Detailed criteria.--With respect to each alternative the criteria to be considered by the court are set forth in this subchapter. (e) Term of imprisonment.--All sentences of imprisonment imposed under this chapter shall be for a definite term. (Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; July 11, 1991, P.L.76, No.13, eff. imd.; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days) 2008 Amendment. Act 81 amended subsec. (b). 2004 Amendment. Act 112 amended subsecs. (a) and (a.1). 1995 Amendment. Act 12, 1st Sp.Sess., amended subsec. (c). References in Text. Section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, referred to in subsec. (c), was repealed by the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. The subject matter is now contained in Act 111. Cross References. Section 9721 is referred to in sections 9775, 9802 of this title; sections 910, 2706, 2715, 2716, 3926, 5516 of Title 18 (Crimes and Offenses); section 4103 of Title 61 (Prisons and Parole).