(a) Description.--County intermediate punishment programs are restrictive conditions of probation imposed under section 9763(c) or (d) (relating to conditions of probation), which may be subject to guidelines adopted under section 2154.1 (relating to adoption of guidelines for restrictive conditions).
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(b) Eligibility.--
(1) (i) Upon adoption of guidelines for imposing restrictive conditions adopted by the Pennsylvania Commission on Sentencing under section 2154.1, only eligible persons may have restrictive conditions imposed.
(ii) The prosecuting attorney, in the prosecuting
attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements 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.
(iii) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.
(2) Only programs that meet the requirements of restrictive conditions of probation under section 9763(c) or (d) and are certified in accordance with section 2154.1(b) shall be eligible for county intermediate punishment program funding.
(3) (Deleted by amendment).
(4) (Deleted by amendment).
(5) (Deleted by amendment).
(Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; July 8, 2007, P.L.82, No.27, eff. imd.; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 98 - County Intermediate Punishment
Section 9801 - Short title of chapter
Section 9804 - County intermediate punishment programs
Section 9806 - County intermediate punishment plan
Section 9808 - Funding and audits
Section 9810 - Continued eligibility
Section 9811 - Nonapplication of certain provisions
Section 9813 - Work release or other court order and purposes