61 PA Cons Stat § 4103 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 61 - PRISONS AND PAROLE|Chapter 41 - State Drug Treatment Program|Section 4103 - Definitions

§ 4103. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:  "Commission." The Pennsylvania Commission on Sentencing.  "Community-based therapeutic community." A long-term residential addiction treatment program licensed by the Department of Health to provide addiction treatment services using a therapeutic community model and determined by the Department of Corrections to be qualified to provide addiction treatment to eligible offenders.  "Community corrections center." A residential program that is supervised and operated by the Department of Corrections in accordance with Chapter 50 (relating to community corrections centers and community corrections facilities).  "Court." The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter or the president judge if the original trial judge is no longer serving as a judge of the sentencing court.  "Defendant." An individual charged with a drug-related offense, including an individual convicted of violating section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, where the sentence was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to drug trafficking sentencing and penalties).  "Department." The Department of Corrections of the Commonwealth.  "Drug offender treatment program." An individualized treatment program established by the Department of Corrections consisting primarily of drug and alcohol addiction treatment that satisfies the terms and conditions listed in section 4105 (relating to drug offender treatment program).  "Drug trafficking." A violation of section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, where the controlled substance is:  (1) Marijuana, if the amount of marijuana involved is at least 50 pounds or at least 51 live plants.  (2) A narcotic drug classified in Schedule I or Schedule II under section 3 or 4 of The Controlled Substance, Drug, Device and Cosmetic Act, if the aggregate weight of the compound or mixture containing the substance involved is at least 100 grams.  (3) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 100 grams:  (i) Coca leaves. (ii) A salt, compound, derivative or preparation of coca leaves. (iii) A salt, compound, derivative or preparation which is chemically equivalent or identical with any of the substances under subparagraphs (i) and (ii).  (iv) A mixture containing any of the substances under subparagraphs (i) and (ii), except decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine.  (4) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 100 grams:  (i) Methamphetamine. (ii) Phencyclidine. (iii) A salt, isomer or salt of an isomer of methamphetamine or phencyclidine. (iv) A mixture containing: (A) Methamphetamine or phencyclidine. (B) A salt of methamphetamine or phencyclidine. (C) An isomer of methamphetamine or phencyclidine. (D) A salt of an isomer of methamphetamine or phencyclidine. (5) Heroin or a mixture containing heroin, if the aggregate weight of the compound or mixture containing the heroin is 50 grams or greater.  (6) A mixture containing 3, 4-methylenedioxyamphetamine (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine (MMDA); 3, 4-methylenedioxy-N-ethylamphetamine; or N-hydroxy-3, 4-methylenedioxyamphetamine when the aggregate weight of the compound or mixture containing the substance involved is at least 1,000 tablets, capsules, caplets or other dosage units, or 300 grams.  (7) Fentanyl or a mixture containing Fentanyl, if the aggregate weight of the compound or mixture containing the Fentanyl is 10 grams or more.  (8) Carfentanil or a mixture containing carfentanil, if the aggregate weight of the compound or mixture containing the carfentanil is one gram or more.  "Drug-related offense." A criminal offense for which a defendant is convicted and that the court determines was motivated by the defendant's consumption of or addiction to alcohol or a controlled substance, counterfeit, designer drug, drug, immediate precursor or marijuana, as those terms are defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.  "Eligible person." (1) A person who has not been designated by the sentencing court as ineligible and is a person convicted of a drug-related offense who:  (i) Has undergone an assessment performed by the Department of Corrections, which assessment has concluded that the person is in need of drug and alcohol addiction treatment and would benefit from commitment to the State drug treatment program and that placement in the State drug treatment program would be appropriate.  (ii) Does not demonstrate a history of present or past violent behavior. (iii) Is a person sentenced to a term of confinement under the jurisdiction of the department, the minimum of which is not more than two years, or a person who is serving a term of confinement, the minimum of which is not more than five years where the person is within two years of completing the person's minimum term.  (iv) Provides written consent permitting release of information pertaining to the person's participation in the State drug treatment program.  (2) The term shall not include a person who is subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon, as defined pursuant to law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, a person who has been convicted or adjudicated delinquent of any crime listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders) or a person with a current conviction or a prior conviction within the past ten years for 18 Pa.C.S. § 2502 (relating to murder), drug trafficking as defined in this section or a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses) or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses.  (3) (Deleted by amendment). (4) (Deleted by amendment). "Expulsion." The permanent removal of a participant from a drug offender treatment program.  "Group home." A residential program that is contracted out by the Department of Corrections to a private service provider for inmates who are on parole.  "Individualized drug offender treatment plan." An individualized addiction treatment plan within the framework of the drug offender treatment program.  "Institutional therapeutic community." A residential drug treatment program in a State correctional institution, accredited as a therapeutic community for treatment of drug and alcohol abuse and addiction by the American Correctional Association or other nationally recognized accreditation organization for therapeutic community drug and alcohol addiction treatment.  "Outpatient addiction treatment facility." An addiction treatment facility licensed by the Department of Health and designated by the Department of Corrections as qualified to provide addiction treatment to criminal justice offenders.  "Participant." An eligible person placed in the State drug treatment program.  "Transitional residence." A residence investigated and approved by the Department of Corrections as appropriate for housing a participant in a drug offender treatment program.  (July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115. eff. 60 days)    2019 Amendment. Act 115 amended the defs. of "eligible offender" and "participant" and added the def. of "drug trafficking."  2012 Amendment. Act 122 amended the defs. of "community corrections center," "defendant," "eligible offender" and "group home."  Cross References. Section 4103 is referred to in sections 3903, 4503, 4504, 6137.1 of this title.