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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9725 (2026)

 Total confinement.

✓ current as of May 2026
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§ 9725.  Total confinement.

The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant, it is of the opinion that the total confinement of the defendant is necessary because:

(1)  there is undue risk that during a period of probation or partial confinement the defendant will commit another crime;

(2)  the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

(3)  a lesser sentence will depreciate the seriousness of the crime of the defendant.

 

Cross References.  Section 9725 is referred to in sections 9721, 9724, 9802 of this title.

Notes of Decisions
Cited in 64 cases (29 in the last 5 years), 1981–2026 · leading case: Commonwealth v. Reynolds, 835 A.2d 720 (Pa. Super. Ct. 2003).
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Commonwealth v. Reynolds, 835 A.2d 720 (Pa. Super. Ct. 2003). · cites it 2× “Additionally, 42 Pa.C.S. § 9725 requires the sentencing court to state its reasons for imposing a sentence of total confinement: The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the 'crime and the history, character, and…”
Commonwealth v. Tuladziecki, 522 A.2d 17 (Pa. 1987). · cites it 2× “" 42 Pa.C.S. § 9725. Even more detailed are the grounds which are to be "accorded weight" in favor of an order of probation, see 42 Pa.”
Com. v. Schroat, S., 272 A.3d 523 (Pa. Super. Ct. 2022). · cites it 2× “]” 42 Pa.C.S. § 9725. Finally, we review sentences with “regard for: (1) the nature and circumstances of the offense and the history and characteristics of the defendant[;] (2) the opportunity of the sentencing court to observe the defendant, including any presentence…”
Commonwealth v. Luketic, 162 A.3d 1149 (Pa. Super. Ct. 2017). “§ 9721), and prohibiting a sentence of total confinement without consideration of “the nature and circumstances of the crime[,] and the history, character, and condition of the defendant,” 42 Pa.C.S. § 9725. In Devers , the Supreme Court set forth the following regarding the…”
Commonwealth v. McCauley, 199 A.3d 947 (Pa. Super. Ct. 2018). “] Did the trial court err when it imposed a new discretionary sentence upon [Appellant] without affording him the full panoply of rights to which a criminal defendant is entitled at sentencing and without considering the factors it was statutorily required to consider under both…”
Commonwealth v. Coss, 695 A.2d 831 (Pa. Super. Ct. 1997). · cites it 2× “In addition, 42 Pa.C.S. § 9725 requires the trial court to state its reasons for imposing a sentence of total confinement: The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and…”
Commonwealth v. Cappelli, 489 A.2d 813 (Pa. 1985). · cites it 2× “…or decision of this case. [1] The notes of testimony of the guilty plea proceedings cover fifty-seven pages. [2] 42 Pa.C.S. § 9725.”
Commonwealth v. Losch, 535 A.2d 115 (Pa. 1987). “42 Pa.Cons.Stat.Ann. § 9725 (Purdon 1982) (emphasis added).”
Commonwealth v. Wegley, 829 A.2d 1148 (Pa. 2003). “§ 9724, or total confinement pursuant to Section 9725, 42 Pa.C.S. § 9725); 42 Pa.C.S. §§ 9724, 9725 (implying that partial or total confinement may only be imposed where necessary and where probation would be inappropriate).”
Commonwealth v. Gordon, 477 A.2d 1342 (Pa. 1984). “See, 42 Pa.C.S. § 9725 (1982). And finally, the court stated on the record the reasons for the sentence.”
Commonwealth v. Hess, 745 A.2d 29 (Pa. Super. Ct. 2000). “¶ 12 A court shall impose a sentence of total confinement, pursuant to 42 Pa.C.S. Section 9725, where there is an undue risk the party will commit another crime or is in need of correctional treatment that would be provided most effectively by commitment to an institution, or…”
Vega v. Beard, 847 A.2d 153 (Pa. Commw. Ct. 2004). · cites it 2× “§ 9724), "the court shall impose a sentence of total confinement" (42 Pa.C.S. § 9725), "the court may, as authorized by law, sentence the defendant only to pay a fine" (42 Pa.”
Show all 64 citing cases →
— 42 Pa. Cons. Stat. § 9725(1) — 1 case
Com. v. Guglielmo, M. (Pa. Super. Ct. 2017).
— 42 Pa. Cons. Stat. § 9725(3) — 3 cases
Commonwealth v. Cherpes, 520 A.2d 439 (Pa. 1987).
Com. v. Frankenfield, R. (Pa. Super. Ct. 2022).
Com. v. Morgan, R. (Pa. Super. Ct. 2022).
— 42 Pa. Cons. Stat. § 9725(b) — 1 case
Com. v. Poore, M. (Pa. Super. Ct. 2021).
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