Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › GENERAL › Section 451.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Board
-A county prison board, an
					 intermediate punishment board, the Criminal Justice Coordinating Commission in
					 counties of the first class, or another county entity which, with the approval
					 of the county commissioners, performs the functions of an intermediate
					 punishment board.
Collateral contact
-Communication by
					 telephone with the offender or communication in a manner with the offender's
					 drug and alcohol counselor, employer, teacher or another person having regular
					 contact with the offender.
Community Services Program
-Unpaid work
					 performed for government, nonprofit and community-based organizations which
					 provide services to meet human needs and have nondiscriminatory admission
					 policies. Typical tasks include removing litter from highways and parks,
					 beautification of public property or other public works projects, maintenance
					 work in hospitals and nursing homes, and clerical work in public agencies.
Commission
-The Commission on Crime and
					 Delinquency.
County Intermediate Punishment Act
-The act
					 of December 19, 1990 (P. L. 799, No. 193) (61 P. S. §§
											1101-1114) relating to the development,
					 implementation and operation of intermediate punishment programs.
Court
-The trial judge exercising
					 sentencing jurisdiction over offenders eligible for intermediate punishment.
DUI
-The offense of driving under the
					 influence of alcohol or a controlled substance as defined in
					 75 Pa.C.S. §
											3731
					 (relating to driving under influence of alcohol or controlled substance).
Electronic Monitoring Program
-A sentence
					 in which the offender is required to wear or carry an electronic device which
					 transmits the offender's location to a receiver maintained by criminal justice
					 personnel, usually a probation office. The sentence is generally combined
					 initially with either house arrest or intensive supervision.
Eligible offender
-
(i) A person convicted of an offense who does
				  not demonstrate a present or past pattern of violent behavior and who would
				  otherwise be sentenced to partial confinement under
				  42 Pa.C.S. §
											9724
				  (relating to partial confinement) or total confinement under
				  42 Pa.C.S. §
											9725
				  (relating to total confinement) in a county correctional facility.
(ii) The term does not include an offender
				  convicted of:
(A) Murder.
(B) Voluntary manslaughter.
(C) Rape.
(D) Statutory rape.
(E) Aggravated assault.
(F) Robbery.
(G) Burglary of the first degree, as provided
				  in
				  18 Pa.C.S. §
												3502
				  (relating to burglary).
(H)
				  Involuntary deviate sexual intercourse.
(I) Arson.
(J) Extortion accompanied by threats of
				  violence.
(K) Assault by
				  prisoner.
(L) Assault by life
				  prisoner.
(M) Kidnapping.
(N) Aggravated indecent assault.
(O) Escape.
(P) Drug trafficking, as provided in
				  18 Pa.C.S. §
												6314
				  (relating to sentencing and penalties for trafficking drugs to minors) or
				  18 Pa.C.S. §
												7508
				  (relating to drug trafficking sentencing and penalties).