§ 9762. Sentencing proceeding; place of confinement.
(a) Sentences or terms of incarceration imposed before a certain date.--For the three-year period beginning on the effective date of this subsection, all
persons sentenced to total or partial confinement for the following terms shall be
committed as follows:
(1) Maximum terms of five or more years shall be committed to the Department of Corrections
for confinement.
(2) Maximum terms of two years or more but less than five years may be committed to the
Department of Corrections for confinement or may be committed to a county prison within
the jurisdiction of the court.
(3) Maximum terms of less than two years shall be committed to a county prison within
the jurisdiction of the court.
(b) Sentences or terms of incarceration imposed after a certain date.--All persons sentenced three or more years after the effective date of this subsection
to total or partial confinement shall be committed as follows:
(1) Maximum terms of five or more years shall be committed to the Department of Corrections
for confinement.
(2) Maximum terms of two years or more but less than five years shall be committed to
the Department of Corrections for confinement, except upon a finding of all of the
following:
(i) The chief administrator of the county prison, or the administrator's designee, has
certified that the county prison is available for the commitment of persons sentenced
to maximum terms of two or more years but less than five years.
(ii) The attorney for the Commonwealth has consented to the confinement of the person in
the county prison.
(iii) The sentencing court has approved the confinement of the person in the county prison
within the jurisdiction of the court.
(3) Maximum terms of less than two years shall be committed to a county prison within
the jurisdiction of the court.
(c) Certification.--The chief administrator of the county prison, or the administrator's designee, may
issue a certification under subsection (b)(2)(i) if the county prison population is
less than 110% of the rated capacity of the county prison. The chief administrator
shall revoke any previously issued certification if the prison population exceed 110%
of the rated capacity. The president judge of the court, the district attorney and
the chief public defender of the county shall be served with a written copy of any
certification or revocation.
(d) County intermediate punishment.--Nothing in this section shall prevent a judge from sentencing an offender to county
intermediate punishment which does not require confinement within county prison if
otherwise authorized by law.
(e) Reimbursement.--Beginning three years after the effective date of this subsection:
(1) The Department of Corrections shall reimburse to the counties the reasonable cost
of confinement of every Level 4 or 5 offender as identified in the Basic Sentencing
Matrix promulgated by the Pennsylvania Commission on Sentencing who is participating
in an approved work release program. The reimbursement per prisoner shall not exceed
the average per-prisoner cost of confinement paid by the Commonwealth for the confinement
of prisoners in the Department of Corrections. No more than $2,500,000 shall be expended
annually for this purpose. Reimbursement shall be made on a pro rata basis if the
total dollar amount of eligible confinement costs exceeds $2,500,000. Nothing in this
paragraph shall prevent more than $2,500,000 being appropriated for this purpose.
Reimbursement shall be made on a pro rata basis if the total dollar amount of eligible
confinement costs exceeds any additional appropriation. A county shall not be reimbursed
under this section for any offender participating in an approved work release program
for whom the county is being or has been reimbursed from any other State funds regardless
of their source.
(2) County prisons may require reimbursements from other county prisons or the Department
of Corrections for inmates voluntarily accepted for incarceration at mutually agreeable
rates. The Department of Corrections shall maintain a list of those counties willing
to accept voluntary placement of out-of-county inmates.
(f) Aggregation.--For purposes of this section, the sentences or terms of incarceration shall mean the
entire continuous term of incarceration to which a person is subject, notwithstanding
whether the sentence is the result of any of the following:
(1) One or more sentences.
(2) Sentences imposed for violations of probation or intermediate punishment.
(3) Sentences to be served upon recommitment for violations of parole.
(4) Any other manner of sentence.
(g) Date of imposition.--For purposes of this section, if a person is subject to multiple sentences or terms
of incarceration or any combination of sentences or terms, the date of the last sentence
imposed or the date of recommitment, whichever is later, shall determine the place
of incarceration and whether reimbursement is required.
(h) Transfer of prisoners.--Nothing in this section shall prohibit the transfer of prisoners otherwise authorized
by law or prevent a judge from changing the place of confinement between State and
county facilities to the extent that the judge would have such discretion at the time
of imposition of sentence or recommitment.
(i) Prohibition.--Notwithstanding any other provision of law, no person sentenced to total or partial
confinement after the effective date of this subsection shall be committed to the
Department of Corrections unless:
(1) the aggregate sentence consists of a conviction for an offense graded as a misdemeanor
of the second degree or higher; or
(2) the Secretary of Corrections or the secretary's designee has consented to the commitment.
(j) Applicability.--18 Pa.C.S. § 106(b)(8) and (9) (relating to classes of offenses) applies to subsection
(i).
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff.
30 days)
2012 Amendment. Act 122 added subsecs. (i) and (j).
Cross References. Section 9762 is referred to in section 9756 of this title; sections 4505, 6132, 6134.1,
6171 of Title 61 (Prisons and Parole); sections 3804, 3815 of Title 75 (Vehicles).
Notes of Decisions
Cited in
89
cases (
24 in the last 5 years), 1983–2026 · leading case:
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
· cites it 6× “§ 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.C.S. § 9762(a). We find no relief is due on his remaining issues.”
Commonwealth v. Shull, 148 A.3d 820 (Pa. Super. Ct. 2016).
· cites it 2× “*833 At the post-sentence motion hearing, however, the court observed that, under 42 Pa.C.S. § 9762(b)(2), 7 it was unable to place Shull in the, county facility unless the District Attorney consented, and she did not consent.”
Com. v. Westlake, C., 295 A.3d 1281 (Pa. Super. Ct. 2023).
· cites it 2× “A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of…”
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
· cites it 4× “A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of…”
Abraham v. Dep't of Corr., 615 A.2d 814 (Pa. Commw. Ct. 1992).
· cites it 5× “However, the DA argues that section 11 of the 1842 Act is no longer in effect, having been repealed by 42 Pa.C.S. § 9762, by necessary implication.”
Cnty. of Allegheny v. Commonwealth, 490 A.2d 402 (Pa. 1985).
· cites it 2× “The Bureau must accept and confine all persons committed to its custody pursuant to 42 Pa.C.S. § 9762. That statute provides in pertinent part: All persons sentenced to total or partial confinement for: (1) maximum terms of five or more years shall be committed to the Bureau of…”
Commonwealth v. Tilghman, 673 A.2d 898 (Pa. 1996).
· cites it 2× “This order required the Department to take into custody, pursuant to 42 Pa.C.S. § 9762(1) (regarding place of confinement), those prisoners incarcerated in Philadelphia County prisons whose maximum sentences, when aggregated pursuant to 42 Pa.”
Commonwealth v. Rathfon, 899 A.2d 365 (Pa. Super. Ct. 2006).
“§ 9757 (“Consecutive sentences of total confinement for multiple offenses”), and 42 Pa.C.S. § 9762 (“Sentencing proceeding; place of confinement”), along with certain policies of the Department of Corrections (DOC), discussed further infra, Rathfon’s sentence would be aggregated…”
Commonwealth v. Edwards, 906 A.2d 1225 (Pa. Super. Ct. 2006).
“” 42 Pa.C.S. § 9762. With that provision in mind, we recall that Appellant’s most serious offense basically involved leaving the scene of an accident without fulfilling the duty to provide information and/or to render aid.”
Commonwealth v. BOROVICHKA, 18 A.3d 1242 (Pa. Super. Ct. 2011).
“A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of…”
Commonwealth v. Reefer, 816 A.2d 1136 (Pa. Super. Ct. 2003).
· cites it 2× “25, § 1, and explains that this statute (which was enacted in 1905 and in existence at the time section 81 was enacted), directed courts to sentence persons who were to be imprisoned for one or more years to the state penitentiary. I understand that statutes existed mandating…”
— 42 Pa. Cons. Stat. § 9762(1) — 5 cases
Commonwealth v. Tilghman, 673 A.2d 898 (Pa. 1996).
“This order required the Department to take into custody, pursuant to 42 Pa.C.S. § 9762(1) (regarding place of confinement), those prisoners incarcerated in Philadelphia County prisons whose maximum sentences, when aggregated pursuant to 42 Pa.”
Abraham v. Dep't of Corr., 615 A.2d 814 (Pa. Commw. Ct. 1992).
“However, the DA argues that section 11 of the 1842 Act is no longer in effect, having been repealed by 42 Pa.C.S. § 9762, by necessary implication.”
— 42 Pa. Cons. Stat. § 9762(2) — 5 cases
Cnty. of Allegheny v. Commonwealth, 490 A.2d 402 (Pa. 1985).
“The Bureau must accept and confine all persons committed to its custody pursuant to 42 Pa.C.S. § 9762. That statute provides in pertinent part: All persons sentenced to total or partial confinement for: (1) maximum terms of five or more years shall be committed to the Bureau of…”
— 42 Pa. Cons. Stat. § 9762(3) — 1 case
— 42 Pa. Cons. Stat. § 9762(a) — 4 cases
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
“§ 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.C.S. § 9762(a). We find no relief is due on his remaining issues.”
— 42 Pa. Cons. Stat. § 9762(a)(1) — 5 cases
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
“§ 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.C.S. § 9762(a). We find no relief is due on his remaining issues.”
— 42 Pa. Cons. Stat. § 9762(a)(2) — 2 cases
— 42 Pa. Cons. Stat. § 9762(a)(3) — 2 cases
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
“§ 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.C.S. § 9762(a). We find no relief is due on his remaining issues.”
— 42 Pa. Cons. Stat. § 9762(a)(l) — 1 case
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
“§ 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.C.S. § 9762(a). We find no relief is due on his remaining issues.”
— 42 Pa. Cons. Stat. § 9762(b) — 10 cases
— 42 Pa. Cons. Stat. § 9762(b)(1) — 3 cases
— 42 Pa. Cons. Stat. § 9762(b)(2) — 10 cases
Commonwealth v. Shull, 148 A.3d 820 (Pa. Super. Ct. 2016).
“*833 At the post-sentence motion hearing, however, the court observed that, under 42 Pa.C.S. § 9762(b)(2), 7 it was unable to place Shull in the, county facility unless the District Attorney consented, and she did not consent.”
— 42 Pa. Cons. Stat. § 9762(b)(2)(i) — 3 cases
— 42 Pa. Cons. Stat. § 9762(b)(3) — 1 case
— 42 Pa. Cons. Stat. § 9762(d) — 1 case
— 42 Pa. Cons. Stat. § 9762(f) — 2 cases
— 42 Pa. Cons. Stat. § 9762(f)(1) — 1 case
Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. Ct. 2015).
“§ 9756; and (2) after review of the certified record, it is not clear whether Appellant may serve the instant sentence in state prison pursuant to 42 Pa.C.S. § 9762(a). We find no relief is due on his remaining issues.”
— 42 Pa. Cons. Stat. § 9762(i) — 4 cases
— 42 Pa. Cons. Stat. § 9762(j) — 1 case
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