CHAPTER 97
SENTENCING
Subchapter
A. General Provisions
B. Sentencing Authority
C. Sentencing Alternatives
D. Informational Basis of Sentence
E. Imposition of Sentence
F. Further Judicial Action
G. Appellate Review of Sentence
H. Registration of Sexual Offenders
I. Continued Registration of Sexual Offenders
Enactment. Chapter 97 was transferred from Chapter 13 of Title 18 (Crimes and Offenses) October
5, 1980, P.L.693, No.142, effective in 60 days.
Prior Provisions. The number and heading of former Chapter 13 of Title 18 were added December 6, 1972,
P.L.1482, No.334, effective in six months. Unless otherwise noted, the remaining provisions
of former Chapter 13 of Title 18 were added December 30, 1974, P.L.1052, No.345, effective
in 90 days.
Cross References. Chapter 97 is referred to in section 2153 of this title.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
9701. Short title of chapter.
9702. Definitions.
9703. Scope of chapter.
§ 9701. Short title of chapter.
This chapter shall be known and may be cited as the "Sentencing Code."
Notes of Decisions
Cited in
79
cases (
11 in the last 5 years), 1981–2025 · leading case:
Commonwealth v. Robinson, 864 A.2d 460 (Pa. 2004).
Commonwealth v. Robinson, 864 A.2d 460 (Pa. 2004).
· cites it 4× “The Sentencing Code, 42 Pa.C.S. §§ 9701, et seq., sets forth the aggravating circumstances that the jury may consider in imposing capital punishment.”
Commonwealth v. Mouzon, 812 A.2d 617 (Pa. 2002).
· cites it 2× “Under Pennsylvania's Sentencing Code, 42 Pa.C.S. § 9701 et seq., a trial court must "follow the general principle that the sentence imposed should call for confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on…”
Commonwealth v. Luketic, 162 A.3d 1149 (Pa. Super. Ct. 2017).
“The second responsibility is an application-and-explanation responsibility: the judge must apply to the information he has gathered the guidelines specified in the Sentencing Code, 42 Pa.C.S. §§ 9701 el seq., and explain how the sentence he has selected is responsive to, and…”
Commonwealth v. Kyle, 874 A.2d 12 (Pa. 2005).
· cites it 2× “, credit for time served is awarded as follows: Credit against the maximum term and any minimum term shall be given to the defendant for all time spent in custody as a result of the criminal charge for which a prison sentence is imposed or as a result of the conduct on which…”
Commonwealth v. Chiappini, 782 A.2d 490 (Pa. 2001).
· cites it 2× “Even aside from this fundamental difference between "bail release" to one's home and "custody" for sentencing credit purposes, the Sentencing Code, 42 Pa.C.S. § 9701 et seq., and related provisions of the County Intermediate Punishment Act, 61 P.”
Commonwealth v. Devers, 546 A.2d 12 (Pa. 1988).
“The first responsibility is a fact-finding responsibility: the judge must be sure he had enough information.”
Commonwealth v. Eby, 784 A.2d 204 (Pa. Super. Ct. 2001).
“Davis: The following standards are applicable in evaluating the merits of [an allegation that the Trial Court committed an abuse of discretion in sentencing outside the guideline ranges]: In sentencing outside the guidelines, the sentencing judge must follow the mandate of §…”
Commonwealth v. Martorano, 634 A.2d 1063 (Pa. 1993).
· cites it 2× “Following a sentencing hearing, the jury was unable to reach a unanimous verdict as to penalty for either respondent; therefore, pursuant to Section 9711(c)(l)(v) of the Sentencing Code, 42 Pa.C.S. § 9701 et seq., the trial judge imposed sentences of life in prison.”
Commonwealth v. Elliott, 50 A.3d 1284 (Pa. 2012).
“This inquiry revolves around an interpretation of the Sentencing Code, -42 Pa.C.S. §§ 9701, et seq., as well as the Prisons and Parole Code, 61 P.”
Commonwealth v. Murphy, 592 A.2d 750 (Pa. Super. Ct. 1991).
· cites it 2× “The Code provides, in pertinent part, that the trial court shall follow the general principle that the sentence imposed should call for confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the…”
Commonwealth v. Mitchell, 599 A.2d 624 (Pa. 1991).
“, provides: If the defendant has waived a jury trial or pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled *550 for that purpose unless waived by the defendant with the consent of the Commonwealth, in which case the trial judge shall hear the…”
Commonwealth v. Galletta, 864 A.2d 532 (Pa. Super. Ct. 2004).
“9721(b) of the Sentencing Code, 42 Pa.C.S. § 9701 et seq., which provides in pertinent part: .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.