9763 - Sentence of county intermediate punishment.

     § 9763.  Sentence of county intermediate punishment.        (a)  General rule.--In imposing a sentence of county     intermediate punishment, the court shall specify at the time of     sentencing the length of the term for which the defendant is to     be in a county intermediate punishment program established under     Chapter 98 (relating to county intermediate punishment) or a     combination of county intermediate punishment programs. The term     may not exceed the maximum term for which the defendant could be     confined and the program to which the defendant is sentenced.     The court may order a defendant to serve a portion of the     sentence under section 9755 (relating to sentence of partial     confinement) or 9756 (relating to sentence of total confinement)     and to serve a portion in a county intermediate punishment     program or a combination of county intermediate punishment     programs.        (b)  Conditions generally.--The court may attach any of the     following conditions upon the defendant as it deems necessary:            (1)  To meet family responsibilities.            (2)  To be devoted to a specific occupation or        employment.            (3)  To participate in a public or nonprofit community        service program.            (4)  To undergo individual or family counseling.            (5)  To undergo available medical or psychiatric        treatment or to enter and remain in a specified institution,        when required for that purpose.            (6)  To attend educational or vocational training        programs.            (7)  To attend or reside in a rehabilitative facility or        other intermediate punishment program.            (8)  To refrain from frequenting unlawful or disreputable        places or consorting with disreputable persons.            (9)  To not possess a firearm or other dangerous weapon        unless granted written permission.            (10)  To make restitution of the fruits of the crime or        to make reparations, in an affordable amount, for the loss or        damage caused by the crime.            (11)  To be subject to intensive supervision while        remaining within the jurisdiction of the court and to notify        the court or designated person of any change in address or        employment.            (12)  To report as directed to the court or the        designated person and to permit the designated person to        visit the defendant's home.            (13)  To pay a fine.            (14)  To participate in drug or alcohol screening and        treatment programs, including outpatient and inpatient        programs.            (15)  To do other things reasonably related to        rehabilitation.            (16)  To remain within the premises of the defendant's        residence during the hours designated by the court.            (17)  To be subject to electronic monitoring.        (c)  Restriction.--            (1)  Any person receiving a penalty imposed pursuant to        75 Pa.C.S. § 1543(b) (relating to driving while operating        privilege is suspended or revoked), former 75 Pa.C.S. § 3731        (relating to driving under influence of alcohol or controlled        substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a        first, second or third offense under 75 Pa.C.S. Ch. 38        (relating to driving after imbibing alcohol or utilizing        drugs) may only be sentenced to county intermediate        punishment after undergoing an assessment under 75 Pa.C.S. §        3814 (relating to drug and alcohol assessments).            (2)  If the defendant is determined to be in need of drug        and alcohol treatment, the defendant may only be sentenced to        county intermediate punishment which includes 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:                (i)  a residential inpatient program or a residential            rehabilitative center;                (ii)  house arrest with electronic surveillance;                (iii)  a partial confinement program such as work            release, work camp and halfway facility; or                (iv)  any combination of the programs set forth in            this paragraph.            (3)  If the defendant is determined not to be in need of        drug and alcohol treatment, the defendant may only be        sentenced to county intermediate punishment in:                (i)  house arrest with electronic surveillance;                (ii)  partial confinement programs such as work            release, work camps and halfway facilities; or                (iii)  any combination of the programs set forth in            this paragraph.        (d)  Sentence following violation of condition.--The sentence     to be imposed in the event of the violation of a condition under     subsection (b) shall not be imposed prior to a finding on the     record that a violation has occurred. Notwithstanding any other     provision of law requiring notice prior to sentencing, in the     event of a violation of a condition under subsection (b), the     attorney for the Commonwealth may file notice at any time prior     to resentencing of the Commonwealth's intention to proceed under     an applicable provision of law requiring a mandatory minimum     sentence.     (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; June 22,     2000, P.L.345, No.41, eff. 60 days; Sept. 30, 2003, P.L.120,     No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff.     180 days)        2004 Amendment.  Act 112 amended the section heading and     subsecs. (a) and (c).        2000 Amendment.  Act 41 amended subsecs. (a) and (d).        1990 Amendment.  Act 201 added section 9763.        References in Text.  Section 3731 of Title 75, referred to in     subsec. (c), is repealed. The subject matter is now in Chapter     38 of Title 75 (Vehicles).        Cross References.  Section 9763 is referred to in sections     2154.1, 9721, 9755, 9756, 9773 of this title.