§ 3904. Selection of inmate participants.
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§ 3904. Selection of inmate participants.
(a)Duties of commission.-- Through the use of sentencing guidelines, the commission shall employ the definition of "eligible inmate" as provided in this chapter to further identify inmates who would be appropriate for participation in a motivational boot camp.
(b)Duties of sentencing judge.-- The sentencing judge shall employ the sentencing guidelines to identify those defendants who are eligible for participation in a motivational boot camp. The judge shall have the discretion to exclude a defendant from eligibility if the judge determines that the defendant would be inappropriate for placement in a motivational boot camp. The judge shall note on the sentencing order whether the defendant has been excluded from eligibility for a motivational boot camp program.
(c)Duties of department.-- The secretary shall promulgate rules and regulations providing for inmate selection criteria and the establishment of motivational boot camp selection committees within each diagnostic and classification center of the department.
(d)Waiver of eligibility requirements.--
(1)The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.
(2)The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.
61c3904v
(July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)
2019 Amendment. Act 115 amended subsec. (b).
2012 Amendment. Act 122 added subsec. (d).
61c3905s