42 PA Cons Stat § 9721 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9721 - Sentencing generally

§ 9721. Sentencing generally. (a) General rule.--In determining the sentence to be imposed the court shall, except as provided in subsection (a.1), consider and select one or more of the following alternatives, and may impose them consecutively or concurrently:  (1) An order of probation. (2) A determination of guilt without further penalty. (3) Partial confinement. (4) Total confinement. (5) A fine. (6) (Deleted by amendment). (7) (Deleted by amendment). (a.1) Exception.-- (1) Unless specifically authorized under section 9763 (relating to conditions of probation), subsection (a) shall not apply where a mandatory minimum sentence is otherwise provided by law.  (2) A person may be eligible for the State drug treatment program or State motivational boot camp as described in 61 Pa.C.S. Ch. 39 (relating to motivational boot camp), even if a mandatory minimum sentence would otherwise be provided by law.  (3) An eligible person may be sentenced to total confinement pursuant to subsection (a)(4) and a recidivism risk reduction incentive minimum sentence pursuant to section 9756(b.1) (relating to sentence of total confinement), even if a mandatory minimum sentence would otherwise be provided by law.  (b) General standards.--In selecting from the alternatives set forth in subsection (a), the court shall follow the general principle that the sentence imposed should call for total confinement that is consistent with section 9725 (relating to total confinement) and the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the defendant. The court shall also consider any guidelines for sentencing and resentencing adopted by the Pennsylvania Commission on Sentencing and taking effect under section 2155 (relating to publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation). In every case in which the court imposes a sentence for a felony or misdemeanor, modifies a sentence, resentences a person following revocation of probation or resentences following remand, the court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed. In every case where the court imposes a sentence or resentence outside the guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing), 2154.1 (relating to adoption of guidelines for restrictive conditions), 2154.3 (relating to adoption of guidelines for fines), 2154.4 (relating to adoption of guidelines for resentencing) and 2154.5 (relating to adoption of guidelines for parole) and made effective under section 2155, the court shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines to the commission, as established under section 2153(a)(14) (relating to powers and duties). Failure to comply shall be grounds for vacating the sentence or resentence and resentencing the defendant.  (c) Mandatory restitution.--In addition to the alternatives set forth in subsection (a) of this section the court shall order the defendant to compensate the victim of his criminal conduct for the damage or injury that he sustained. For purposes of this subsection, the term "victim" shall be as defined in section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.  (c.1) Mandatory payment of costs.--Notwithstanding the provisions of section 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties) or any provision of law to the contrary, in addition to the alternatives set forth in subsection (a), the court shall order the defendant to pay costs. In the event the court fails to issue an order for costs pursuant to section 9728, costs shall be imposed upon the defendant under this section. No court order shall be necessary for the defendant to incur liability for costs under this section. The provisions of this subsection do not alter the court's discretion under Pa.R.Crim.P. No. 706(C) (relating to fines or costs).  (d) Detailed criteria.--With respect to each alternative the criteria to be considered by the court are set forth in this subchapter.  (e) Term of imprisonment.--All sentences of imprisonment imposed under this chapter shall be for a definite term.  (Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; July 11, 1991, P.L.76, No.13, eff. imd.; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Oct. 27, 2010, P.L.931, No.95, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)    2019 Amendment. Act 115 amended subsecs. (a), (a.1) and (b).  2010 Amendments. Act 95 amended subsec. (a.1) and Act 96 added subsec. (c.1). Section 4(1) of Act 96 provided that subsec. (c.1) shall apply to costs imposed on or after the effective date of section 4(1).  1995 Amendment. Act 12, 1st Sp.Sess., amended subsec. (c).  References in Text. Section 479.1 of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929, referred to in subsec. (c), was repealed by the act of November 24, 1998, P.L.882, No.111, known as the Crime Victims Act. The subject matter is now contained in Act 111.  Cross References. Section 9721 is referred to in sections 9728, 9775, 9802 of this title; sections 910, 2706, 2715, 2716, 3926, 5516 of Title 18 (Crimes and Offenses); section 3111.1 of Title 75 (Vehicles).