4505 - Sentencing.

     § 4505.  Sentencing.        (a)  Generally.--At the time of sentencing, the court shall     make a determination whether the defendant is an eligible     offender.        (b)  Waiver of eligibility requirements.--The prosecuting     attorney, in the prosecuting attorney's sole discretion, may     advise the court that the Commonwealth has elected to waive the     eligibility requirements of this chapter if the victim has been     given notice of the prosecuting attorney's intent to waive the     eligibility requirements and an opportunity to be heard on the     issue. The court, after considering victim input, may refuse to     accept the prosecuting attorney's waiver of the eligibility     requirements.        (c)  Recidivism risk reduction incentive minimum sentence.--     If the court determines that the defendant is an eligible     offender or the prosecuting attorney has waived the eligibility     requirements under subsection (b), the court shall enter a     sentencing order that does all of the following:            (1)  Imposes the minimum and maximum sentences as        required under 42 Pa.C.S. § 9752 (relating to sentencing        proceeding generally).            (2)  Imposes the recidivism risk reduction incentive        minimum sentence. The recidivism risk reduction incentive        minimum shall be equal to three-fourths of the minimum        sentence imposed when the minimum sentence is three years or        less. The recidivism risk reduction incentive minimum shall        be equal to five-sixths of the minimum sentence if the        minimum sentence is greater than three years. For purposes of        these calculations, partial days shall be rounded to the        nearest whole day. In determining the recidivism risk        reduction incentive minimum sentence, the aggregation        provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive        sentences of total confinement for multiple offenses) and        9762(f) (relating to sentencing proceeding; place of        confinement) shall apply.            (3)  Notwithstanding paragraph (2), if the defendant was        previously sentenced to two or more recidivism risk reduction        incentive minimum sentences, the court may, in its        discretion, with the approval of the prosecuting attorney,        impose the recidivism risk reduction incentive minimum        sentence as provided for in paragraph (2).            (4)  Complies with all other applicable sentencing        provisions, including provisions relating to victim        notification and the opportunity to be heard.        Cross References.  Section 4505 is referred to in section     4506 of this title.