§ 9804 — County intermediate punishment programs

(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).

Legislative History

(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.)