9755 - Sentence of partial confinement.

     § 9755.  Sentence of partial confinement.        (a)  General rule.--In imposing a sentence involving partial     confinement the court shall specify at the time of sentencing     the length of the term during which the defendant is to be     partially confined, which term may not exceed the maximum term     for which he could be totally confined, and whether the     confinement shall commence in a correctional or other     appropriate institution.        (b)  Minimum sentence.--The court shall impose a minimum     sentence of partial confinement which shall not exceed one-half     of the maximum sentence imposed.        (c)  Purposes for partial release.--The court may in its     order grant the defendant the privilege of leaving the     institution during necessary and reasonable hours for any of the     following purposes:            (1)  To work at his employment.            (2)  To seek employment.            (3)  To conduct his own business or to engage in other        self-employment, including housekeeping and attending to the        needs of the family.            (4)  To attend an educational institution or participate        in a course of vocational training.            (5)  To obtain medical treatment.            (6)  To devote time to any other purpose approved by the        court.        (d)  Conditions to release.--The court may in addition     include in its order such of the conditions as are enumerated in     section 9754 (relating to order of probation) as may be     reasonably related to the sentence.        (e)  Duties of correctional authorities.--The correctional     authorities shall be responsible for arranging a plan consistent     with the order issued under this section whereby the objectives     of partial confinement may be achieved and they shall determine     when and under what conditions consistent with the order issued     under this section the defendant shall be permitted to be absent     from the correctional institution.        (f)  Disposition of earnings of defendant.--If the defendant     is employed for wages or salary, the superintendent or another     administrative official of the institution shall collect the     same, or shall require the defendant to turn over his wages or     salary in full when received, and shall deposit the same in a     trust account and shall keep a ledger showing the state of the     account. When an employer transmits such earnings to the     superintendent or other official, the employer shall have no     liability to the defendant for such earnings. From such earnings     there shall be deducted without priority the following:            (1)  The board and personal expenses of the defendant        both inside and outside the institution.            (2)  Installment on fines, if any.            (3)  To the extent directed by the court, support of the        dependents of the defendant.     If sufficient funds after such deductions are available, the     superintendent or other official may with the consent of the     defendant pay in whole or in part any of the debts of the     defendant. Any balance shall be retained and paid to the     defendant upon his discharge.        (g)  Prisoner release plans.--This section shall not be     interpreted as limiting the authority of the Bureau of     Correction as set forth in the act of July 16, 1968 (P.L.351,     No.173), as amended, relating to prisoner pre-release centers     and release plans, or the authority of the court as set forth in     the act of August 13, 1963 (P.L.774, No.390), as amended,     relating to prisoner release for occupational and other     purposes.        (h)  Sentence of partial confinement combined with sentence     of county intermediate punishment.--The court may impose a     sentence of partial confinement without parole under this     subsection only when:            (1)  the period of partial confinement is followed        immediately by a sentence imposed pursuant to section 9763        (relating to sentence of county intermediate punishment) in        which case the sentence of partial confinement shall specify        the number of days of partial confinement to be served; and            (2)  the maximum sentence of partial confinement imposed        on one or more indictments to run consecutively or        concurrently total 90 days or less.     (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982,     P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41,     eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days)        2004 Amendment.  Act 112 amended subsec. (h).        1982 Amendment.  Act 326 amended subsec. (g).        1980 Amendment.  Act 142 amended subsec. (d).        References in Text.  The Bureau of Correction, referred to in     subsec. (g), is now the Department of Corrections.          The act of August 13, 1963 (P.L.774, No.390), referred to     in subsec. (g), was repealed by the act of August 11, 2009     (P.L.147, No.33). The subject matter is now contained in Part II     of Title 61 (Prisons and Parole).          The act of July 16, 1968 (P.L.351, No.173), referred to as     the Prisoner Pre-release Plan Law, referred to in subsec. (g),     was repealed by the act of August 11, 2009 (P.L.147, No.33). The     subject matter is now contained in Chapter 37 of Title 61     (Prisons and Parole).        Cross References.  Section 9755 is referred to in section     9763 of this title.