Pennsylvania § 9754 Order of probation

Pennsylvania Statutes

§ 9754 — Order of probation

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VIII·Ch. 97 SENTENCING·Subch. IMPOSITION OF SENTENCE

(a)General rule.--In imposing an order of probation the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, which term may not exceed the maximum term for which the defendant could be confined, and the authority that shall conduct the supervision. The court shall consider probation guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing) and 2154.1 (relating to adoption of guidelines for restrictive conditions).

(b)Conditions generally.--The court shall attach reasonable conditions authorized by section 9763 (relating to conditions of probation).

(c)Specific conditions.--(Deleted by amendment).

(d)Sentence following violation of probation.--

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(a) General rule.--In imposing an order of probation the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, which term may not exceed the maximum term for which the defendant could be confined, and the authority that shall conduct the supervision. The court shall consider probation guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing) and 2154.1 (relating to adoption of guidelines for restrictive conditions).

(b) Conditions generally.--The court shall attach reasonable conditions authorized by section 9763 (relating to conditions of probation).

(c) Specific conditions.--(Deleted by amendment).

(d) Sentence following violation of probation.--The sentence to be imposed in the event of the violation of a condition shall not be fixed prior to a finding on the record that a violation has occurred.

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Legislative History

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 30, 1988, P.L.464, No.79, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Dec. 14, 2023, P.L.381, No.44, eff. 180 days) 2023 Amendment.Act 44 amended subsec. (b). Section 6 of Act 44 provided that nothing in Act 44 shall be construed to prevent a defendant from petitioning a court for early termination of probation or modification of the terms and conditions of probation as otherwise permitted by law. See sections 5 and 7 of Act 44 in the appendix to this title for special provisions relating to applicability.