Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 9761. Computation and order of service of sentences.
(a) Order of service of sentences.--If a minimum sentence imposed by the court which is to run concurrently with one which
has been previously imposed would expire later than the minimum of such a previously
imposed sentence, or if the previously imposed sentence is terminated before the expiration
of the minimum sentence of the last imposed sentence, the defendant shall be imprisoned
at least until the last imposed minimum sentence has been served.
(b) Sentences imposed by other sovereigns.--If the defendant is at the time of sentencing subject to imprisonment under the authority
of any other sovereign, the court may indicate that imprisonment under such other
authority shall satisfy or be credited against both the minimum and maximum time imposed
under the court's sentence. If the defendant is released by such other authority before
the expiration of the minimum time imposed by the court, he shall be returned to a
correctional institution of the Commonwealth to serve the time which remains of the
sentence. If the defendant is released after the minimum time has elapsed, he shall
be considered for parole on the same basis as a prisoner who has served his minimum
time in a correctional institution of the Commonwealth. If the defendant is released
after the maximum time imposed under the sentence of imprisonment he shall be deemed
to have served his sentence.
Notes of Decisions
Kerak v. Pennsylvania Bd. of Prob. & Parole, 153 A.3d 1134 (Pa. Commw. Ct. 2016).
· cites it 4× “11 42 Pa. C.S. §9761(a). Section 9761(a) states, in relevant part: If a minimum sentence imposed by the court which is to run concurrently with one which has been previously imposed would expire later than the minimum of such a previously imposed sentence, or if the previously…”
Taglienti v. Dep't of Corr. of the Penna., 806 A.2d 988 (Pa. Commw. Ct. 2002).
· cites it 3× “By way of further answer, Taglienti alleges that Section 9761(b) of the Judicial Code, 42 Pa. C.S. § 9761(b), authorizes sentencing courts to sentence concurrent Pennsylvania sentences with other sovereigns.”
Griffin v. Pennsylvania Dep't of Corr., 862 A.2d 152 (Pa. Commw. Ct. 2004).
· cites it 3× “As to state time running against federal time, Section 9761(b) of the Sentencing Code, 42 Pa.C.S. § 9761(b), provides: (b) SENTENCES IMPOSED BY OTHER SOVEREIGNS .”
Palmer v. Pennsylvania Bd. of Prob. & Parole, 134 A.3d 160 (Pa. Commw. Ct. 2016).
“In Rivera , we rejected the argument that Section 9761(a) of the Sentencing Code, 42 Pa.C.S. § 9761(a), a more recent statute governing concurrent sentences in criminal cases, permitted a sentencing court to order that a new sentence run concurrently with Board backtime.”
Santiago v. Pennsylvania Bd. of Prob. & Parole, 937 A.2d 610 (Pa. Commw. Ct. 2007).
· cites it 2× “Section 9761(b) of the Sentencing Code, 42 Pa.C.S. § 9761(b), provides that Pennsylvania courts can count time spent in other prisons against Pennsylvania time, stating in relevant part: (b) Sentences imposed by other sovereigns.”
Spruill v. Pennsylvania Bd. of Prob. & Parole, 158 A.3d 727 (Pa. Commw. Ct. 2017).
“42 Pa.C.S. § 9761(b) provides, in relevant part, that ”[i]f the defendant is at the time of sentencing subject to imprisonment under the authority of any other sovereign, the court may indicate that imprisonment under such other authority shall satisfy or be credited against…”
Patrick v. Pa. Bd. of Prob. & Parole, 532 A.2d 487 (Pa. Commw. Ct. 1987).
· cites it 2× “In Dorian , our Supreme Court held that the enactment of Section 9761 of the Sentencing Code, 42 Pa. C. S. § 9761, allowing a sentencing court to make a new sentence concurrent with a previously imposed sentence, did not alter that legislative mandate.”
Commonwealth v. Dorian, 468 A.2d 1091 (Pa. 1983).
“That law was not affected by the Act of December 30, 1974, 42 Pa.C.S. § 9761. We therefore disapprove of the dictum in the panel’s decision which would hold that Section 9761 of the Sentencing Code enables the sentencing judge to direct that a parolee’s “front time” sentence run…”
Legrande v. Com., Dept. of Corr., 894 A.2d 219 (Pa. Commw. Ct. 2006).
“That section specifically addresses sentences imposed by other sovereigns, and it provides in pertinent part (with emphasis added): (b) SENTENCES IMPOSED BY OTHER SOVEREIGNS. — 7/ the defendant is at the time of sentencing subject to imprisonment under the authority of any other…”
— 42 Pa. Cons. Stat. § 9761(a) — 5 cases
Kerak v. Pennsylvania Bd. of Prob. & Parole, 153 A.3d 1134 (Pa. Commw. Ct. 2016).
“11 42 Pa. C.S. §9761(a). Section 9761(a) states, in relevant part: If a minimum sentence imposed by the court which is to run concurrently with one which has been previously imposed would expire later than the minimum of such a previously imposed sentence, or if the previously…”
Palmer v. Pennsylvania Bd. of Prob. & Parole, 134 A.3d 160 (Pa. Commw. Ct. 2016).
“In Rivera , we rejected the argument that Section 9761(a) of the Sentencing Code, 42 Pa.C.S. § 9761(a), a more recent statute governing concurrent sentences in criminal cases, permitted a sentencing court to order that a new sentence run concurrently with Board backtime.”
— 42 Pa. Cons. Stat. § 9761(b) — 15 cases
Kerak v. Pennsylvania Bd. of Prob. & Parole, 153 A.3d 1134 (Pa. Commw. Ct. 2016).
“11 42 Pa. C.S. §9761(a). Section 9761(a) states, in relevant part: If a minimum sentence imposed by the court which is to run concurrently with one which has been previously imposed would expire later than the minimum of such a previously imposed sentence, or if the previously…”
Taglienti v. Dep't of Corr. of the Penna., 806 A.2d 988 (Pa. Commw. Ct. 2002).
“By way of further answer, Taglienti alleges that Section 9761(b) of the Judicial Code, 42 Pa. C.S. § 9761(b), authorizes sentencing courts to sentence concurrent Pennsylvania sentences with other sovereigns.”
Griffin v. Pennsylvania Dep't of Corr., 862 A.2d 152 (Pa. Commw. Ct. 2004).
“As to state time running against federal time, Section 9761(b) of the Sentencing Code, 42 Pa.C.S. § 9761(b), provides: (b) SENTENCES IMPOSED BY OTHER SOVEREIGNS .”
Santiago v. Pennsylvania Bd. of Prob. & Parole, 937 A.2d 610 (Pa. Commw. Ct. 2007).
“Section 9761(b) of the Sentencing Code, 42 Pa.C.S. § 9761(b), provides that Pennsylvania courts can count time spent in other prisons against Pennsylvania time, stating in relevant part: (b) Sentences imposed by other sovereigns.”
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.