reglab/housing_qa huggingface dataset:
42 PA Cons Stat § 9754 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9754 - Order of probation

§ 9754. Order of probation. (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) as it deems necessary to ensure or assist the defendant in leading a law-abiding life.  (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.  (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.)
42 PA Cons Stat § 9755.1 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9755.1 - Temporary release from county correctional institution

§ 9755.1. Temporary release from county correctional institution. (a) (Reserved). (b) Surrender of wages.--When an inmate is employed for wages or salary, the chief administrator of the county correctional institution shall collect the wages or salary or require the inmate to turn over his wages or salary in full when received, and the chief administrator shall deposit the same in a trust checking account and keep a ledger showing the status of the account of each inmate.  (c) Liability for board cost.-- (1) An inmate gainfully employed shall be liable for the cost of his board in the county correctional institution as fixed by the county commissioners. If necessarily absent from jail at a meal time, the inmate shall, at his request, be furnished with an adequately nourishing lunch to carry to work.  (2) The chief administrator of the county correctional institution shall charge the inmate's account if the inmate has one for such board.  (3) If the inmate is gainfully self employed, the inmate shall pay for such board in default of which his privilege under this section shall be automatically forfeited.  (4) If the food in the county correctional institution is furnished directly by the county, the chief administrator of the county correctional institution shall account for and pay over such board payments to the county treasurer.  (d) Disbursements from inmate accounts.--By order of the court, the wages or salaries of employed inmates shall be disbursed for the following purposes in the order stated:  (1) The board of the inmate. (2) Necessary travel expense to and from work and other incidental expenses of the inmate. (3) Support of the inmate's dependents, if any, the amount to be determined by the court. (4) Payment of docket costs connected with the commitment of the inmate. (5) Payment either in full or ratably of the inmate's obligations acknowledged by him in writing or which have been reduced to judgment.  (6) The balance, if any, to the inmate upon discharge. (e) Intercounty custody.--The court may by order authorize the chief administrator of a county correctional institution to which an inmate is committed to arrange with the chief administrator of another county correctional institution for the employment of the prisoner in the other's county and while so employed to be in the other's custody but in other respects to be and continue subject to the commitment.  (Aug. 11, 2009, P.L.147, No.33, eff. 60 days)   2009 Amendment. Act 33 added section 9755.1.  Cross References. Section 9755.1 is referred to in sections 9755, 9756 of this title.
42 PA Cons Stat § 9757 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9757 - Consecutive sentences of total confinement for multiple offenses

§ 9757. Consecutive sentences of total confinement for multiple offenses. Whenever the court determines that a sentence should be served consecutively to one being then imposed by the court, or to one previously imposed, the court shall indicate the minimum sentence to be served for the total of all offenses with respect to which sentence is imposed. Such minimum sentence shall not exceed one-half of the maximum sentence imposed.    Cross References. Section 9757 is referred to in section 4505 of Title 61 (Prisons and Parole).
42 PA Cons Stat § 9758 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9758 - Fine

§ 9758. Fine. (a) General rule.--In imposing a fine the court shall at the time of sentencing specify the amount of the fine up to the amount authorized by law and shall provide when it is to be paid, and in the absence of statutory direction provide whether it is to be paid to the county or to the Commonwealth.  (b) Installment payment.--Except for fines imposed under Title 34 (relating to game), the court may permit installment payments as it considers appropriate to the circumstances of the defendant, in which case its order shall specify when each installment payment is due. Installment payments for fines imposed for summary offenses under Title 34 shall not exceed one year for summary offenses and, except for 34 Pa.C.S. § 2522 (relating to shooting at or causing injury to human beings), shall not exceed two years for misdemeanor offenses.  (c) Alternative sentence.--The sentence of the court may include an alternative sentence in the event of nonpayment.  (July 8, 1986, P.L.442, No.93, eff. July 1, 1987)   1986 Amendment. Act 93 amended subsec. (b).  Cross References. Section 9758 is referred to in section 9772 of this title; section 925 of Title 34 (Game); section 6504 of Title 75 (Vehicles).
42 PA Cons Stat § 9759 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9759 - Record

 § 9759. Record. (a) General rule.--A record of the sentencing proceeding shall be made and preserved in such a manner that it can be transcribed as needed.  (b) Contents.--The record shall include:  (1) The record of any stipulation made at a presentence conference. (2) A copy of the presentence report and a copy of any other report or document available to the sentencing court as an aid in imposing sentence, subject to such limitations as the court may have imposed under section 9734(b) (relating to restrictions on disclosure).  (3) A verbatim account of the entire sentencing proceeding. (c) Documents transmitted to prison and parole authorities.--If the defendant is sentenced to imprisonment for a maximum term in excess of two years, there shall be forwarded to the prison and parole authorities a copy of the presentence report, if any.   (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)   1980 Amendment. Act 142 amended subsec. (b)(2).  Suspension by Court Rule. Section 9759 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.  Cross References. Section 9759 is referred to in section 9733 of this title.
42 PA Cons Stat § 9760 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9760 - Credit for time served

§ 9760. Credit for time served. After reviewing the information submitted under section 9737 (relating to report of outstanding charges and sentences) the court shall give credit as follows:  (1) Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody as a result of the criminal charge for which a prison sentence is imposed or as a result of the conduct on which such a charge is based. Credit shall include credit for time spent in custody prior to trial, during trial, pending sentence, and pending the resolution of an appeal.  (2) Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody under a prior sentence if he is later reprosecuted and resentenced for the same offense or for another offense based on the same act or acts. This shall include credit in accordance with paragraph (1) of this section for all time spent in custody as a result of both the original charge and any subsequent charge for the same offense or for another offense based on the same act or acts.  (3) If the defendant is serving multiple sentences, and if one of the sentences is set aside as the result of direct or collateral attack, credit against the maximum and any minimum term of the remaining sentences shall be given for all time served in relation to the sentence set aside since the commission of the offenses on which the sentences were based.  (4) If the defendant is arrested on one charge and later prosecuted on another charge growing out of an act or acts that occurred prior to his arrest, credit against the maximum term and any minimum term of any sentence resulting from such prosecution shall be given for all time spent in custody under the former charge that has not been credited against another sentence.  (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)   1980 Amendment. Act 142 amended the intro. par.  Cross References. Section 9760 is referred to in section 9737 of this title; section 4105 of Title 61 (Prisons and Parole).
42 PA Cons Stat § 9761 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9761 - Computation and order of service of sentences

 § 9761. Computation and order of service of sentences. (a) Order of service of sentences.--If a minimum sentence imposed by the court which is to run concurrently with one which has been previously imposed would expire later than the minimum of such a previously imposed sentence, or if the previously imposed sentence is terminated before the expiration of the minimum sentence of the last imposed sentence, the defendant shall be imprisoned at least until the last imposed minimum sentence has been served.  (b) Sentences imposed by other sovereigns.--If the defendant is at the time of sentencing subject to imprisonment under the authority of any other sovereign, the court may indicate that imprisonment under such other authority shall satisfy or be credited against both the minimum and maximum time imposed under the court's sentence. If the defendant is released by such other authority before the expiration of the minimum time imposed by the court, he shall be returned to a correctional institution of the Commonwealth to serve the time which remains of the sentence. If the defendant is released after the minimum time has elapsed, he shall be considered for parole on the same basis as a prisoner who has served his minimum time in a correctional institution of the Commonwealth. If the defendant is released after the maximum time imposed under the sentence of imprisonment he shall be deemed to have served his sentence.
42 PA Cons Stat § 9765 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9765 - Merger of sentences

§ 9765. Merger of sentences. No crimes shall merge for sentencing purposes unless the crimes arise from a single criminal act and all of the statutory elements of one offense are included in the statutory elements of the other offense. Where crimes merge for sentencing purposes, the court may sentence the defendant only on the higher graded offense.   (Dec. 9, 2002, P.L.1705, No.215, eff. 60 days)   2002 Amendment. Act 215 added section 9765.
42 PA Cons Stat § 9771 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9771 - Modification or revocation of order of probation

§ 9771. Modification or revocation of order of probation. (a) General rule.--The court has inherent power to at any time terminate continued supervision, lessen the conditions upon which an order of probation has been imposed or increase the conditions under which an order of probation has been imposed upon a finding that a person presents an identifiable threat to public safety.  (b) Revocation.--The court may increase the conditions, impose a brief sanction under section 9771.1 (relating to court-imposed sanctions for violating probation) or revoke an order of probation upon proof of the violation of specified conditions of the probation. Upon revocation the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation. The attorney for the Commonwealth may file notice at any time prior to resentencing of the Commonwealth's intention to proceed under an applicable provision of law requiring a mandatory minimum sentence.  (c) Limitation on sentence of total confinement.--The court shall not impose a sentence of total confinement upon revocation unless it finds that:  (1) the defendant has been convicted of another crime; or (2) the conduct of the defendant indicates that it is likely that he will commit another crime if he is not imprisoned; or  (3) such a sentence is essential to vindicate the authority of the court. (d) Hearing required.--There shall be no revocation or increase of conditions of sentence under this section except after a hearing at which the court shall consider the record of the sentencing proceeding together with evidence of the conduct of the defendant while on probation. Probation may be eliminated or the term decreased without a hearing.  (Dec. 18, 2019, P.L.776, No.115, eff. imd.)   2019 Amendment. Act 115 amended subsecs. (a) and (b).  Cross References. Section 9771 is referred to in section 9771.1 of this title.
42 PA Cons Stat § 9771.1 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9771.1 - Court-imposed sanctions for violating probation

§ 9771.1. Court-imposed sanctions for violating probation. (a) Program.--Notwithstanding the provisions of section 9771 (relating to modification or revocation of order of probation), the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.  (b) Coordination with other officials.--(Deleted by amendment).  (c) Eligibility.--(Deleted by amendment).  (d) Warning hearing.--(Deleted by amendment).  (e) Drug testing.--(Deleted by amendment).  (f) Violation hearing.--If a participant commits a probation violation, the participant shall promptly be arrested, and a hearing shall be held no later than two business days after the arrest date.  (g) Sanctions.-- (1) The court shall impose a term of imprisonment of up to: (i) three days for a first violation; (ii) seven days for a second violation; (iii) fourteen days for a third violation; and (iv) twenty-one days for a fourth or subsequent violation of probation. (2) The court may allow the term of imprisonment to be served on weekends or other nonwork days for employed probationers who have committed a first or second violation.  (3) The court may increase the conditions of probation, including additional substance abuse treatment for a participant who has failed one or more drug tests.  (h) Exceptions.--If the participant is able to provide a compelling reason for the probation violation, the court may grant an exception to the sanctions authorized under subsection (g).  (i) Revocation of probation.-- (1) After a third violation, the court may revoke the order of probation. (2) Upon revocation, the sentencing alternatives shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation.  (j) Local rules.-- (1) The court may adopt local rules for the administration of this program. Except as provided for under paragraph (2), the local rules may not be inconsistent with this section or any rules adopted by the Supreme Court.  (2) The court may adopt local rules that are inconsistent with subsection (g) regarding the terms of imprisonment or other sanctions or conditions provided for under subsection (g).  (July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)    Cross References. Section 9771.1 is referred to in sections 2153, 9771 of this title.
42 PA Cons Stat § 9772 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9772 - Failure to pay fine

§ 9772. Failure to pay fine. Unless there is proof that failure to pay a fine or that portion of the fine that is due is excusable, the court may after a hearing find the defendant guilty of contempt and sentence him to not more than six months imprisonment, if a term of confinement of that amount could have been imposed for the offense charged. If an alternative sentence has been imposed under section 9758(c) (relating to alternative sentence), the alternative sentence may not take effect until there has been a preliminary finding of non-indigency, and a willful failure to pay the fine.   (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 PA Cons Stat § 9775 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9775 - Parole without board supervision

§ 9775. Parole without board supervision. A sentencing court shall grant parole from a term of imprisonment for less than a maximum period of two years, and, together with all probations except probation as to which supervision is specially ordered by the court as provided for under section 9721 (relating to sentencing generally), parole shall be without supervision by the board.  (Aug. 11, 2009, P.L.147, No.33, eff. 60 days)   2009 Amendment. Act 33 added section 9775.
42 PA Cons Stat § 9776 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9776 - Judicial power to release inmates

§ 9776. Judicial power to release inmates. (a) General rule.--Except as otherwise provided under this chapter or if the Pennsylvania Parole Board has exclusive parole jurisdiction, a court of this Commonwealth or other court of record having jurisdiction may, after due hearing, release on parole an inmate in the county correctional institution of that judicial district.  (b) Petition required.--No inmate may be paroled under this section except on petition verified by the oath of the inmate or by the inmate's representative and presented and filed in the court in which the inmate was convicted.  (c) Hearing.--On presentation of the petition, the court shall fix a day for the hearing. A copy of the petition shall be served on the district attorney and prosecutor in the case at least ten days before the day fixed for the hearing. Proof of service on the district attorney and the prosecutor shall be produced at the hearing.  (d) Order.--After the hearing, the court shall make such order as it may deem just and proper. In case the court paroles the inmate, it shall place the inmate in the charge of and under the supervision of a designated probation officer.  (e) Recommit.--The court may, on cause shown by the probation officer that the inmate has violated his parole, recommit and reparole the inmate in the same manner and by the same procedure as in the case of the original parole if, in the judgment of the court, there is a reasonable probability that the inmate will benefit by being paroled. The court may also recommit for violation of that parole.  (f) Limitation.-- (1) Subject to the provisions of paragraph (2), the power of a court to parole an inmate under this section shall extend for a period not to exceed the maximum sentence provided by law for the offense of which the inmate was convicted.  (2) A court may release on parole, on petition to any other court, an inmate committed to a correctional institution by any magisterial district judge and shall have the same power to recommit an inmate paroled under this section.  (Aug. 11, 2009, P.L.147, No.33, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)    2021 Amendment. Act 59 amended subsec. (a). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.  2009 Amendment. Act 33 added section 9776.  Cross References. Section 9776 is referred to in section 9756 of this title.
42 PA Cons Stat § 9781 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9781 - Appellate review of sentence

§ 9781. Appellate review of sentence. (a) Right to appeal.--The defendant or the Commonwealth may appeal as of right the legality of the sentence.  (b) Allowance of appeal.--The defendant or the Commonwealth may file a petition for allowance of appeal of the discretionary aspects of a sentence for a felony or a misdemeanor to the appellate court that has initial jurisdiction for such appeals. Allowance of appeal may be granted at the discretion of the appellate court where it appears that there is a substantial question that the sentence imposed is not appropriate under this chapter.  (c) Determination on appeal.--The appellate court shall vacate the sentence and remand the case to the sentencing court with instructions if it finds:  (1) the sentencing court purported to sentence within the sentencing guidelines but applied the guidelines erroneously;  (2) the sentencing court sentenced within the sentencing guidelines but the case involves circumstances where the application of the guidelines would be clearly unreasonable; or  (3) the sentencing court sentenced outside the sentencing guidelines and the sentence is unreasonable.  In all other cases the appellate court shall affirm the sentence imposed by the sentencing court.  (d) Review of record.--In reviewing the record the appellate court shall have regard for:  (1) The nature and circumstances of the offense and the history and characteristics of the defendant.  (2) The opportunity of the sentencing court to observe the defendant, including any presentence investigation.  (3) The findings upon which the sentence was based. (4) The guidelines promulgated by the commission. (e) Right to bail not enlarged.--Nothing in this chapter shall be construed to enlarge the defendant's right to bail pending appeal.  (f) Limitation on additional appellate review.--No appeal of the discretionary aspects of the sentence shall be permitted beyond the appellate court that has initial jurisdiction for such appeals.  (g) Implementing rules of court.--(Repealed).   (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)   1980 Repeal. Act 142 repealed subsec. (g).  Effective Date. Section 218(b) of Act 142 of 1980 provided that the provisions of 18 Pa.C.S. § 1386 (redesignated by Act 142 as 42 Pa.C.S. § 9781) shall take effect upon the effective date of initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c). The initial sentencing guidelines, as revised, were adopted January 5, 1982, and became effective July 22, 1982.  Cross References. Section 9781 is referred to in section 724 of this title.