4103 - Definitions.

     § 4103.  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:        "Commission."  The Pennsylvania Commission on Sentencing.        "Community-based therapeutic community."  A long-term     residential addiction treatment program licensed by the     Department of Health to provide addiction treatment services     using a therapeutic community model and determined by the     Department of Corrections to be qualified to provide addiction     treatment to eligible offenders.        "Community corrections center."  A residential program that     is supervised and operated by the Department of Corrections for     inmates with prerelease status or who are on parole.        "Court."  The trial judge exercising sentencing jurisdiction     over an eligible offender under this chapter or the president     judge if the original trial judge is no longer serving as a     judge of the sentencing court.        "Defendant."  An individual charged with a drug-related     offense.        "Department."  The Department of Corrections of the     Commonwealth.        "Drug offender treatment program."  An individualized     treatment program established by the Department of Corrections     consisting primarily of drug and alcohol addiction treatment     that satisfies the terms and conditions listed in section 4105     (relating to drug offender treatment program).        "Drug-related offense."  A criminal offense for which a     defendant is convicted and that the court determines was     motivated by the defendant's consumption of or addiction to     alcohol or a controlled substance, counterfeit, designer drug,     drug, immediate precursor or marijuana, as those terms are     defined in the act of April 14, 1972 (P.L.233, No.64), known as     The Controlled Substance, Drug, Device and Cosmetic Act.        "Eligible offender."  Subject to 42 Pa.C.S. § 9721(a.1)     (relating to sentencing generally), a defendant designated by     the sentencing court as a person convicted of a drug-related     offense who:            (1)  Has undergone an assessment performed by the        Department of Corrections, which assessment has concluded        that the defendant is in need of drug and alcohol addiction        treatment and would benefit from commitment to a drug        offender treatment program and that placement in a drug        offender treatment program would be appropriate.            (2)  Does not demonstrate a history of present or past        violent behavior.            (3)  Would be placed in the custody of the department if        not sentenced to State intermediate punishment.            (4)  Provides written consent permitting release of        information pertaining to the defendant's participation in a        drug offender treatment program.     The term shall not include a defendant who is subject to a     sentence the calculation of which includes an enhancement for     the use of a deadly weapon, as defined pursuant to law or the     sentencing guidelines promulgated by the Pennsylvania Commission     on Sentencing, or a defendant who has been convicted of a     personal injury crime as defined in section 103 of the act of     November 24, 1998 (P.L.882, No.111), known as the Crime Victims     Act, or an attempt or conspiracy to commit such a crime or who     has been convicted of violating 18 Pa.C.S. § 4302 (relating to     incest), 5901 (relating to open lewdness), 6312 (relating to     sexual abuse of children), 6318 (relating to unlawful contact     with minor) or 6320 (relating to sexual exploitation of     children) or Ch. 76 Subch. C (relating to Internet child     pornography).        "Expulsion."  The permanent removal of a participant from a     drug offender treatment program.        "Group home."  A residential program that is contracted out     by the Department of Corrections to a private service provider     for inmates with prerelease status or who are on parole.        "Individualized drug offender treatment plan."  An     individualized addiction treatment plan within the framework of     the drug offender treatment program.        "Institutional therapeutic community."  A residential drug     treatment program in a State correctional institution,     accredited as a therapeutic community for treatment of drug and     alcohol abuse and addiction by the American Correctional     Association or other nationally recognized accreditation     organization for therapeutic community drug and alcohol     addiction treatment.        "Outpatient addiction treatment facility."  An addiction     treatment facility licensed by the Department of Health and     designated by the Department of Corrections as qualified to     provide addiction treatment to criminal justice offenders.        "Participant."  An eligible offender actually sentenced to     State intermediate punishment pursuant to 42 Pa.C.S. §     9721(a)(7) (relating to sentencing generally).        "Transitional residence."  A residence investigated and     approved by the Department of Corrections as appropriate for     housing a participant in a drug offender treatment program.        Cross References.  Section 4103 is referred to in section     4504 of this title.