§ 9755. Sentence of partial confinement.
(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.
(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).
Notes of Decisions
Commonwealth v. Kriston, 588 A.2d 898 (Pa. 1991).
· cites it 4× “For example, 42 Pa.C.S. § 9755(a) provides that a court shall, when imposing a sentence of partial confinement, specify "whether the confinement shall commence in a correctional or other appropriate institution.”
Commonwealth v. Widmer, 667 A.2d 215 (Pa. Super. Ct. 1995).
· cites it 4× “42 Pa.C.S. § 9755(a)-(c). At the time of Widmer's original sentencing hearing, the trial court stated the following reasons for choosing a sentence of partial confinement over one of total confinement: This is a difficult case because the type of offense that we have involved…”
Chamberlain v. Unemployment Comp. Bd. of Review, 114 A.3d 385 (Pa. 2015).
· cites it 2× “42 Pa.C.S. § 9755(a) (Qcontinued) him unable or unavailable to work, thereby precluding him from unemployment compensation benefits under Section 401(d).”
Commonwealth v. Hartz, 532 A.2d 1139 (Pa. 1987).
· cites it 2× “§§ 1103 and 1104 (relating to sentence of imprisonment for felony and misdemeanors) and 42 Pa. C.S. §§ 9755(b) and 9756(b) (relating to sentence of partial or total confinement) or other applicable statute setting maximum term of confinement, then the statutory limit is the…”
Harmon v. Unemployment Comp. Bd. of Review, 163 A.3d 1057 (Pa. Commw. Ct. 2017).
· cites it 2× “42 Pa. C.S. § 9755(c) (providing that court may grant partial release to allow individual to work, seek employment, engage in self-employment, attend educational institution, receive medical treatment, or “devote time to any other purpose approved by the court”).”
Commonwealth v. Smicklo, 544 A.2d 1005 (Pa. Super. Ct. 1988).
· cites it 2× “The guidelines state that all "sentence ranges are months of minimum confinement as defined in 42 Pa.C.S. §§ 9755(b) and 9756(b) (relating to partial and total confinement).”
Commonwealth v. Payson, 723 A.2d 695 (Pa. Super. Ct. 1999).
“The sentence imposed is legal, as it is well within the statutory maximum of ten to twenty years for a first-degree felony such as the burglary here at issue.”
Beahm v. Burke, 982 F. Supp. 2d 451 (E.D. Pa. 2013).
· cites it 2× “Pursuant to 42 Pa.C.S. §§ 9755(b), 9756(b), prison sentences must have a minimum term and a maximum term.”
Commonwealth v. Dewey, 57 A.3d 1267 (Pa. Super. Ct. 2012).
“However, as the conditions of probation are examined under the same standards as conditions of parole, see 42 Pa. Cons.Stat.Ann. §§ 9755(d) and 9754, this development does not alter our analysis.”
Commonwealth v. McKeithan, 504 A.2d 294 (Pa. 1986).
“§§ 1103 and 1104 (relating to sentence of imprisonment for felony and misdemeanors) and 42 Pa. C.S. §§ 9755(b) and 9756(b) (relating to sentence of partial and total confinement) or other applicable statute setting maximum term of confinement, then the statutory limit is the…”
— 42 Pa. Cons. Stat. § 9755(a) — 5 cases
Commonwealth v. Kriston, 588 A.2d 898 (Pa. 1991).
“For example, 42 Pa.C.S. § 9755(a) provides that a court shall, when imposing a sentence of partial confinement, specify "whether the confinement shall commence in a correctional or other appropriate institution.”
Commonwealth v. Widmer, 667 A.2d 215 (Pa. Super. Ct. 1995).
“42 Pa.C.S. § 9755(a)-(c). At the time of Widmer's original sentencing hearing, the trial court stated the following reasons for choosing a sentence of partial confinement over one of total confinement: This is a difficult case because the type of offense that we have involved…”
— 42 Pa. Cons. Stat. § 9755(b) — 13 cases
Commonwealth v. Widmer, 667 A.2d 215 (Pa. Super. Ct. 1995).
“42 Pa.C.S. § 9755(a)-(c). At the time of Widmer's original sentencing hearing, the trial court stated the following reasons for choosing a sentence of partial confinement over one of total confinement: This is a difficult case because the type of offense that we have involved…”
Commonwealth v. Hartz, 532 A.2d 1139 (Pa. 1987).
“§§ 1103 and 1104 (relating to sentence of imprisonment for felony and misdemeanors) and 42 Pa. C.S. §§ 9755(b) and 9756(b) (relating to sentence of partial or total confinement) or other applicable statute setting maximum term of confinement, then the statutory limit is the…”
Commonwealth v. Smicklo, 544 A.2d 1005 (Pa. Super. Ct. 1988).
“The guidelines state that all "sentence ranges are months of minimum confinement as defined in 42 Pa.C.S. §§ 9755(b) and 9756(b) (relating to partial and total confinement).”
Commonwealth v. Payson, 723 A.2d 695 (Pa. Super. Ct. 1999).
“The sentence imposed is legal, as it is well within the statutory maximum of ten to twenty years for a first-degree felony such as the burglary here at issue.”
Beahm v. Burke, 982 F. Supp. 2d 451 (E.D. Pa. 2013).
“Pursuant to 42 Pa.C.S. §§ 9755(b), 9756(b), prison sentences must have a minimum term and a maximum term.”
— 42 Pa. Cons. Stat. § 9755(c) — 3 cases
Commonwealth v. Kriston, 588 A.2d 898 (Pa. 1991).
“For example, 42 Pa.C.S. § 9755(a) provides that a court shall, when imposing a sentence of partial confinement, specify "whether the confinement shall commence in a correctional or other appropriate institution.”
Harmon v. Unemployment Comp. Bd. of Review, 163 A.3d 1057 (Pa. Commw. Ct. 2017).
“42 Pa. C.S. § 9755(c) (providing that court may grant partial release to allow individual to work, seek employment, engage in self-employment, attend educational institution, receive medical treatment, or “devote time to any other purpose approved by the court”).”
— 42 Pa. Cons. Stat. § 9755(d) — 2 cases
Commonwealth v. Dewey, 57 A.3d 1267 (Pa. Super. Ct. 2012).
“However, as the conditions of probation are examined under the same standards as conditions of parole, see 42 Pa. Cons.Stat.Ann. §§ 9755(d) and 9754, this development does not alter our analysis.”
— 42 Pa. Cons. Stat. § 9755(g) — 1 case
— 42 Pa. Cons. Stat. § 9755(h)(2) — 1 case
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