Pa. Cons. Stat. » 18 Pa. Cons. Stat. (CRIMES AND OFFENSES) / Chapter 11

18 Pa. Cons. Stat. § 1108

 District attorneys' standing and interest in prisoner litigation.

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§ 1108.  District attorneys' standing and interest in prisoner litigation.

The district attorney shall receive written notice of, and shall have automatic standing and a legal interest in, any proceeding which may involve the release or nonadmission of county prisoners, delinquents or detainees due to the fact, duration or other conditions of custody. In addition to the district attorney's rights in such a proceeding, the district attorney may seek any equitable relief necessary to protect the district attorney's interest in the continued institutional custody and admission of county prisoners, delinquents or detainees.

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

1988 Amendment.  Act 31 added section 1108.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1991–2023 · leading case: Commonwealth, Aplt v. Kingston, S.
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Commonwealth, Aplt v. Kingston, S. (2016) pa “In Appellee’s case, the status of solicitation of perjury as a third-degree felony (carrying a maximum prison sentence of seven years, see 18 Pa.C.S. § 1108(8)), and solicitation of hindering prosecution as a misdemeanor of the second degree (implicating a maximum sentence of…”
Commonwealth v. Page (2009) pasuperct “See: 18 Pa.C.S. § 1108; 42 Pa.C.S. § 9752(b). Moreover, unlike the case of Commonwealth v.”
Harris v. Reeves (1991) paed · cites it 2× “18 Pa.Cons.Stat. § 1108. This provision became effective on May 24, 1988 and on May 27, 1988, the District Attorney filed a second motion to intervene in these proceedings and attached a “Memorandum of Law in Support of Objections to Release and Non-Admission of County Prisoners…”
Commonwealth v. Line (2008) pasuperct “The range of punishment allowed for felonies is set forth at 18 Pa.C.S. § 1108 and provides: § 1103. Sentence of imprisonment for felony Except as provided in 42 Pa.”
Com. v. Feliciano, A. (2023) pasuperct “Therein, Appellant argued that the third-degree murder sentencing statute, 18 Pa.C.S. § 1108(d), is void because it provides a punishment that is not authorized under the Sentencing Code.”
— 18 Pa. Cons. Stat. § 1108(8) — 1 case
Commonwealth, Aplt v. Kingston, S. (2016) pa “In Appellee’s case, the status of solicitation of perjury as a third-degree felony (carrying a maximum prison sentence of seven years, see 18 Pa.C.S. § 1108(8)), and solicitation of hindering prosecution as a misdemeanor of the second degree (implicating a maximum sentence of…”
— 18 Pa. Cons. Stat. § 1108(d) — 1 case
Com. v. Feliciano, A. (2023) pasuperct “Therein, Appellant argued that the third-degree murder sentencing statute, 18 Pa.C.S. § 1108(d), is void because it provides a punishment that is not authorized under the Sentencing Code.”
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