Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.102 - 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:
Act
-42 Pa.C.S. Chapter 99 (relating to
					 State intermediate punishment) establishing the DOTP.
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, determined by the Department to be qualified to provide addiction
					 treatment to eligible offenders and accredited as a therapeutic community for
					 the treatment of drug and alcohol abuse and addiction by the Commission on
					 Accreditation of Rehabilitation Facilities or another Nationally-recognized
					 accreditation organization for community-based therapeutic communities for drug
					 and alcohol treatment.
Community corrections center
-A residential
					 program that is supervised and operated by the Department for inmates with
					 prerelease status or who are on parole.
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.
Department
-The Department of Corrections
					 of the Commonwealth.
DOTP-Drug Offender Treatment Program
-An
					 individualized treatment program established by the Department consisting
					 primarily of drug and alcohol addiction treatment that satisfies the terms and
					 conditions in section 9905 of the act (relating to drug offender treatment
					 program).
Drug-related offense
-A criminal offense
					 for which the 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 Controlled Substance, Drug, Device
					 and Cosmetic Act (35 P. S. §§
											780-101-780-143).
Eligible offender
-
(i) Under
				  42 Pa.C.S. §
											9721(a.1) (relating to sentencing generally),
				  a defendant designated by the sentencing court as a person convicted of a
				  drug-related offense who:
(A) Has undergone
				  an assessment performed by the Department which assessment has concluded that
				  the defendant is in need of drug and alcohol addiction treatment and would
				  benefit from commitment to a drug offender treatment program and that placement
				  in a drug offender treatment program would be appropriate.
(B) Does not demonstrate a history of present
				  or past violent behavior.
(C) Would
				  be placed in the custody of the Department if not sentenced to State
				  intermediate punishment.
(D)
				  Provides written consent permitting the release of information pertaining to
				  the defendant's participation in a drug offender treatment
				  program.