reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9730.3 - Counseling services for victims of sexual abuse (Repealed)

§ 9730.3. Counseling services for victims of sexual abuse (Repealed).
2022 Repeal.
Section 9730.3 was repealed July 11, 2022, P.L.775, No.77, effective in 270 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9731 - Requirement for presentence investigation and report

§ 9731. Requirement for presentence investigation and report.
Before sentencing any defendant to one year or longer, a presentence investigation and report shall be made, unless the sentence is death or a mandatory sentence to life imprisonment, or unless the court specifically orders to the contrary. The report shall be made within 30 days from the date of conviction of defendant or within such greater period of time as the court shall direct.
Suspension by Court Rule.
Section 9731 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9732 - Contents of presentence report

§ 9732. Contents of presentence report.
The presentence report shall include a summary of the circumstances attending the commission of the crime, the history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation and personal habits of the defendant, any history of drug or alcohol abuse or addiction and any other matters that the person preparing the report deems relevant or that the court directs be included.
(June 18, 1998, P.L.640, No.84, eff. 60 days)
Suspension by Court Rule.
Section 9732 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9733 - General principles of disclosure of presentence report

§ 9733. General principles of disclosure of presentence report.
The presentence report shall not be a public record. It shall be available only to the following persons or agencies under the conditions stated:
(1) The report shall be available to the court for the purpose of assisting it in determining the sentence.
(2) The report shall be available on court order to persons or agencies having a legitimate professional interest in the information likely to be contained in the report, as, for example:
(i) A physician or psychiatrist appointed to assist the court in sentencing.
(ii) An examining facility.
(iii) A correctional institution except that no court order is necessary under section 9759(c) (relating to documents transmitted to prison and parole authorities).
(iv) A department of probation or parole except that no court order is necessary under section 9759(c).
(3) The report shall be available to reviewing courts when relevant to an issue on which a request for review or an appeal has been taken.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
1980 Amendment.
Act 142 amended par. (2)(iii) and (iv).
Suspension by Court Rule.
Section 9733 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9734 - Disclosure of presentence report to the parties

§ 9734. Disclosure of presentence report to the parties.
(a) General rule.--
Before imposing sentence, the court shall afford counsel for the prosecution and the defense a reasonable opportunity to read but only in the discretion of the court to copy the presentence report.
(b) Restrictions on disclosure.--
The court may in its discretion require counsel not to disclose specified parts of the report.
Suspension by Court Rule.
Section 9734 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 9734 is referred to in section 9759 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9735 - Objections to contents of presentence report

§ 9735. Objections to contents of presentence report.
Each party shall prior to the imposition of sentence notify the opposing party and the court of any part of the report with which he differs, or of his intention to produce other reports or statements relating to the sentence. Upon such notice the court may conduct a presentence conference. A record of any stipulations agreed upon in the conference shall be made a part of the record of the sentencing proceeding.
Suspension by Court Rule.
Section 9735 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9736 - Report of psychiatric evaluation

§ 9736. Report of psychiatric evaluation.
The court may order the defendant to submit to psychiatric observation and examination for a period not exceeding 60 days. The defendant may be remanded for this purpose to any available clinic or mental hospital or other institution or the court may appoint a qualified psychiatrist to make the examination.
Suspension by Court Rule.
Section 9736 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9737 - Report of outstanding charges and sentences

§ 9737. Report of outstanding charges and sentences.
The court shall order that an appropriate agency shall determine all criminal charges brought in any court against the defendant and report to the court on the status or the disposition of such charges. The court shall also be informed if the defendant is then serving any term of imprisonment, or is on probation or parole with reference to any such charges, or is entitled to credit for any time in accordance with section 9760 (relating to credit for time served).
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
Cross References.
Section 9737 is referred to in section 9760 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9738 - Victim impact statements

§ 9738. Victim impact statements.
(a) General rule.--
Notwithstanding any other statute, rule or provision of law to the contrary, in the trial of a defendant accused of an offense, including an offense subject to sentence under section 9711 (relating to sentencing procedure for murder of the first degree), a court shall not order the exclusion of any victim of the offense from the trial on the basis that the victim may, during the sentencing phase of the proceedings:
(1) make a victim impact statement or present any victim impact information in relation to the sentence to be imposed on the defendant; or
(2) testify as to the effect of the offense on the victim or the family of the victim.
(b) Definition.--
As used in this section, the term "victim" shall mean a "victim" as defined in:
(1) 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property); or
(2) 18 Pa.C.S. § 3001 (relating to definitions).
(June 25, 1997, P.L.293, No.28, eff. imd.; July 2, 2014, P.L.945, No.105, eff. 60 days; Oct. 24, 2018, P.L.891, No.145, eff. imd.)
2018 Amendment.
Act 145 amended subsec. (b).
1997 Amendment.
Act 28 added section 9738.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9751 - Sentencing judge

§ 9751. Sentencing judge.
The judge who presided at the trial or who received the plea of the defendant shall impose the sentence unless there are compelling reasons that preclude his presence.
Suspension by Court Rule.
Section 9751 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9752 - Sentencing proceeding generally

§ 9752. Sentencing proceeding generally.
(a) General rule.--
As soon as practicable after the determination of guilt and the examination of any presentence report, a proceeding shall be held at which the court shall:
(1) Entertain submissions by the parties on the facts relevant to the sentence, including any facts with respect to negotiated pleas, as to the nature of the sentence.
(2) Afford to the defendant the right to make a statement.
(3) Hear argument by the defense on the applicability of the various sentencing alternatives to the facts of the case, and may hear argument by the prosecution.
(b) Evidence.--
Where the need for further evidence has not been eliminated by a presentence conference, evidence offered by the parties on the sentencing issue shall be presented in open court with the rights of confrontation, cross-examination, and representation by counsel.
Suspension by Court Rule.
Section 9752 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 9752 is referred to in section 4505 of Title 61 (Prisons and Parole).
2023 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).
(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.; 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9773 - Modification or revocation of county intermediate punishment sentence (Repealed)

§ 9773. Modification or revocation of county intermediate punishment sentence (Repealed).
2019 Repeal.
Section 9773 was repealed December 18, 2019, P.L.776, No.115, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9774 - Revocation of State intermediate punishment sentence (Repealed)

§ 9774. Revocation of State intermediate punishment sentence (Repealed).
2019 Repeal.
Section 9774 was repealed December 18, 2019, P.L.776, No.115, effective immediately.
2023 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.
2023 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).
2009 Amendment.
Act 33 added section 9776.
Cross References.
Section 9776 is referred to in section 9756 of this title.
2023 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9791 - Legislative findings and declaration of policy (Expired)

§ 9791. Legislative findings and declaration of policy (Expired).
2012 Expiration.
Section 9791 expired December 20, 2012. See Act 111 of 2011.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9792 - Definitions (Expired)

§ 9792. Definitions (Expired).
2012 Expiration.
Section 9792 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9793 - Registration of certain offenders for ten years (Deleted by amendment)

§ 9793. Registration of certain offenders for ten years (Deleted by amendment).
2000 Amendment.
Section 9793 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9794 - Designation of sexually violent predators (Deleted by amendment)

§ 9794. Designation of sexually violent predators (Deleted by amendment).
2000 Amendment.
Section 9794 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9795 - Registration of offenders (Deleted by amendment)

§ 9795. Registration of offenders (Deleted by amendment).
2000 Amendment.
Section 9795 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9795.1 - Registration (Expired)

§ 9795.1. Registration (Expired).
2012 Expiration.
Section 9795.1 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9795.2 - Registration procedures and applicability (Expired)

§ 9795.2. Registration procedures and applicability (Expired).
2012 Expiration.
Section 9795.2 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9795.3 - Sentencing court information (Expired)

§ 9795.3. Sentencing court information (Expired).
2012 Expiration.
Section 9795.3 expired December 20, 2012. See Act 111 of 2011.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9795.4 - Assessments (Expired)

§ 9795.4. Assessments (Expired).
2012 Expiration.
Section 9795.4 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9795.5 - Exemption from certain notifications (Expired)

§ 9795.5. Exemption from certain notifications (Expired).
2012 Expiration.
Section 9795.5 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9796 - Verification of residence (Expired)

§ 9796. Verification of residence (Expired).
2012 Expiration.
Section 9796 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9798 - Other notification (Expired)

§ 9798. Other notification (Expired).
2012 Expiration.
Section 9798 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9798.1 - Information made available on the Internet and electronic notification (Expired)

§ 9798.1. Information made available on the Internet and electronic notification (Expired).
2012 Expiration.
Section 9798.1 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9798.2 - Administration (Expired)

§ 9798.2. Administration (Expired).
2012 Expiration.
Section 9798.2 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9798.3 - Global positioning system technology (Expired)

§ 9798.3. Global positioning system technology (Expired).
2012 Expiration.
Section 9798.3 expired December 20, 2012. See Act 111 of 2011.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799 - Immunity for good faith conduct (Expired)

§ 9799. Immunity for good faith conduct (Expired).
2012 Expiration.
Section 9799 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.1 - Duties of Pennsylvania State Police (Expired)

§ 9799.1. Duties of Pennsylvania State Police (Expired).
2012 Expiration.
Section 9799.1 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.2 - Duties of Pennsylvania Board of Probation and Parole (Expired)

§ 9799.2. Duties of Pennsylvania Board of Probation and Parole (Expired).
2012 Expiration.
Section 9799.2 expired December 20, 2012. See Act 111 of 2011.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.4 - Counseling of sexually violent predators (Expired)

§ 9799.4. Counseling of sexually violent predators (Expired).
2012 Expiration.
Section 9799.4 expired December 20, 2012. See Act 111 of 2011.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.5 - Exemption from notification (Deleted by amendment)

§ 9799.5. Exemption from notification (Deleted by amendment).
2000 Amendment.
Section 9799.5 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.6 - Applicability (Deleted by amendment)

§ 9799.6. Applicability (Deleted by amendment).
2000 Amendment.
Section 9799.6 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.7 - Exemption from notification for certain licensees and their employees (Expired)

§ 9799.7. Exemption from notification for certain licensees and their employees (Expired).
2012 Expiration.
Section 9799.7 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.8 - Annual performance audit (Expired)

§ 9799.8. Annual performance audit (Expired).
2012 Expiration.
Section 9799.8 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.9 - Photographs and fingerprinting (Expired)

§ 9799.9. Photographs and fingerprinting (Expired).
2012 Expiration.
Section 9799.9 expired December 20, 2012. See Act 111 of 2011.
2013
Unconstitutionality.
Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.20 - Duty to inform

§ 9799.20. Duty to inform.
In order to implement the provisions of section 9799.19 (relating to initial registration), as appropriate, the Pennsylvania State Police, the court having jurisdiction over the sexual offender, the chief juvenile probation officer of the court and the appropriate official of the Department of Corrections, county office of probation and parole, the Department of Human Services or a State or county correctional institution shall:
(1) Inform the individual required to register of the individual's duties under this subchapter.
(2) Require the individual to read and sign a form stating that the duty to register has been explained and that the individual understands the registration requirement.
(3) Collect the information required under section 9799.16(b) and (c) (relating to registry) and forward the information to the Pennsylvania State Police for inclusion in the registry as set forth in this subchapter.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 amended the intro. par.
2021 Unconstitutionality.
Section 9799.20 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality.
Section 9799.20 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2011 Amendment.
Act 111 added section 9799.20.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.21 - Penalty

§ 9799.21. Penalty.
(a) Registration.--
An individual set forth in section 9799.13 (relating to applicability) may be subject to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements) if the individual fails to:
(1) register with the Pennsylvania State Police as set forth in section 9799.15 (relating to period of registration), 9799.19 (relating to initial registration) or 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police);
(2) verify the information provided by the individual or be photographed as provided in sections 9799.15, 9799.19 and 9799.25; or
(3) provide accurate information when registering under sections 9799.15, 9799.19 and 9799.25.
(b) Counseling.--
A sexually violent predator or sexually violent delinquent child may be subject to prosecution under 18 Pa.C.S. § 4915.1 if he fails to comply with section 9799.36 (relating to counseling of sexually violent predators).
(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)
2021 Unconstitutionality.
Section 9799.21 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality. Section 9799.21 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
Cross References. Section 9799.21 is referred to in section 9799.22 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.29 - Administration

§ 9799.29. Administration.
The Governor shall direct the Pennsylvania State Police, the board, the Department of Corrections, the Department of Transportation and any other agency of the Commonwealth that the Governor deems necessary to collaboratively design, develop and implement an integrated and secure system of communication, storage and retrieval of information to assure the timely, accurate and efficient administration of this subchapter.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Unconstitutionality.
Section 9799.29 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality.
Section 9799.29 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.30 - Global positioning system technology

§ 9799.30. Global positioning system technology.
The Pennsylvania Parole Board, the Department of Corrections, the agents of the Department of Corrections and county probation authorities may impose supervision conditions that include tracking through global positioning system technology.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law.
2021 Unconstitutionality.
Section 9799.30 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality.
Section 9799.30 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).