§ 9755. Sentence of partial confinement.

646 words·~3 min read·/pa/title-42/chapter-97/9755

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(a)General rule.-- In imposing a sentence involving partial confinement the court shall specify at the time of sentencing the length of the term during which the defendant is to be partially confined, which term may not exceed the maximum term for which he could be totally confined, and whether the confinement shall commence in a correctional or other appropriate institution.

(b)Minimum sentence.-- The court shall impose a minimum sentence of partial confinement which shall not exceed one-half of the maximum sentence imposed.

(c)Purposes for partial release.-- The court may in its order grant the defendant the privilege of leaving the institution during necessary and reasonable hours for any of the following purposes:

(1)To work at his employment.

(2)To seek employment.

(3)To conduct his own business or to engage in other self-employment, including housekeeping and attending to the needs of the family.

(4)To attend an educational institution or participate in a course of vocational training.

(5)To obtain medical treatment.

(6)To devote time to any other purpose approved by the court.

(d)Conditions to release.-- The court may in addition include in its order such of the conditions as are enumerated in section 9763 (relating to conditions of probation) as may be reasonably related to the sentence.

(e)Duties of correctional authorities.-- The correctional authorities shall be responsible for arranging a plan consistent with the order issued under this section whereby the objectives of partial confinement may be achieved and they shall determine when and under what conditions consistent with the order issued under this section the defendant shall be permitted to be absent from the correctional institution.

(f)Disposition of earnings of defendant.-- If the defendant is employed for wages or salary, the superintendent or another administrative official of the institution shall collect the same, or shall require the defendant to turn over his wages or salary in full when received, and shall deposit the same in a trust account and shall keep a ledger showing the state of the account. When an employer transmits such earnings to the superintendent or other official, the employer shall have no liability to the defendant for such earnings. From such earnings there shall be deducted without priority the following:

(1)The board and personal expenses of the defendant both inside and outside the institution.

(2)Installment on fines, if any.

(3)To the extent directed by the court, support of the dependents of the defendant.

If sufficient funds after such deductions are available, the superintendent or other official may with the consent of the defendant pay in whole or in part any of the debts of the defendant. Any balance shall be retained and paid to the defendant upon his discharge.

(g)Prisoner release plans.-- This section shall not be interpreted as limiting the authority of the court as set forth in section 9755.1 (relating to temporary release from county correctional institution).

(h)Sentence of partial confinement combined with probation.-- The court may impose a sentence of partial confinement without parole under this subsection only when:

(1)the period of partial confinement is followed immediately by restrictive conditions of probation imposed pursuant to section 9763 in which case the sentence of partial confinement shall specify the number of days of partial confinement to be served; and

(2)the maximum sentence of partial confinement imposed on one or more indictments to run consecutively or concurrently total 90 days or less.

42c9755v

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

2019 Amendment. Act 115 amended subsecs.

(d)and (h).

2012 Amendment. Act 122 amended subsec. (g).

42c9755.1s