§ 9763. Conditions of probation.
(a) General rule.--In imposing probation, the court shall consider guidelines adopted by the Pennsylvania
Commission on Sentencing under section 2154 (relating to adoption of guidelines for
sentencing) or 2154.1 (relating to adoption of guidelines for restrictive conditions)
and specify at the time of sentencing the conditions of probation, including the length
of the term of restrictive conditions under subsection (c) or (d). The term of restrictive
conditions under subsection (c) shall be equal to or greater than the mandatory minimum
term of imprisonment required by statute.
(b) Conditions generally.--Conditions shall be assessed and ordered based on individualized circumstances. Following
an individualized assessment of the defendant, including the defendant's history and
the underlying crime or crimes committed, the court shall attach only those conditions
that the court deems necessary and the least restrictive means available to promote
the defendant's rehabilitation and protection of the public, including any of the
following:
(1) To meet family responsibilities, including consideration of child-care responsibilities
and limitations, other than the child-care responsibilities and limitations contained
in 23 Pa.C.S. Ch. 43 (relating to support matters generally) which shall be governed
exclusively by the provisions of that chapter.
(2) To be devoted to a specific occupation, employment or education, study or vocational
training initiative.
(3) To participate in a public or nonprofit community service program.
(4) To undergo individual or family counseling.
(5) To undergo available medical or psychiatric treatment or to enter and remain in a
specified institution, when required for that purpose.
(6) To attend educational or vocational training programs.
(7) To attend or reside in a rehabilitative facility or other intermediate punishment
program.
(8) (Deleted by amendment).
(9) To not possess a firearm or other dangerous weapon unless granted written permission.
(10) To make restitution of the fruits of the crime or to make reparations, in an affordable
amount and on a schedule that the defendant can afford to pay, for the loss or damage
caused by the crime.
(11) To notify the court or designated person of any change in address or employment within
15 days, unless the defendant provides sufficient proof of extenuating circumstances
to explain the delay.
(12) To report as directed to the court or the designated person and to permit the designated
person to visit the defendant's home.
(13) To pay a fine.
(14) To participate in drug or alcohol screening and treatment programs, including outpatient
programs.
(15) To do other things reasonably related to rehabilitation.
(16) (Deleted by amendment).
(17) (Deleted by amendment).
(c) Restrictive DUI probation conditions.--
(1) Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 1543(b) (relating
to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. §
3731 (relating to driving under influence of alcohol or controlled substance) or 75
Pa.C.S. § 3804 (relating to penalties) for a first, second or third offense under
75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs)
may only have probation imposed after undergoing an assessment under 75 Pa.C.S. §
3814 (relating to drug and alcohol assessments).
(2) If the defendant is determined to be in need of drug and alcohol treatment, the defendant
may only have probation that includes participation in drug and alcohol treatment
under 75 Pa.C.S. § 3815(c) (relating to mandatory sentencing). The defendant shall
have restrictive DUI probation conditions of:
(i) a residential inpatient program or a residential rehabilitative center;
(ii) house arrest with electronic surveillance;
(iii) a partial confinement program such as work release, work camp and halfway facility;
or
(iv) any combination of the programs set forth in this paragraph.
(3) If the defendant is determined not to be in need of drug and alcohol treatment, the
defendant shall have restrictive DUI probation conditions of:
(i) house arrest with electronic surveillance;
(ii) partial confinement programs such as work release, work camps and halfway facilities;
or
(iii) any combination of the programs set forth in this paragraph.
(4) If the defendant is determined to be in need of additional treatment under 75 Pa.C.S.
§ 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum
sentence equal to the statutorily available maximum.
(d) Restrictive conditions of probation.--Probation may include restrictive conditions that:
(1) house the person full time or part time, including inpatient treatment; or
(2) significantly restrict the person's movement and monitor the person's compliance with
the program, including electronic monitoring or home confinement.
(Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; June 22, 2000, P.L.345, No.41,
eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855,
No.112, eff. 180 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Dec. 14, 2023, P.L.381,
No.44, eff. 180 days)
2023 Amendment. Act 44 amended subsec. (b) intro. par., (1), (2) and (11). Section 6 of Act 44 provided that nothing in Act 44 shall be construed to prevent
a defendant from petitioning a court for early termination of probation or modification
of the terms and conditions of probation as otherwise permitted by law. See sections
5 and 7 of Act 44 in the appendix to this title for special provisions relating to
applicability.
2019 Amendment. Act 115 amended the section heading and subsecs. (a), (b)(2), (10) and (14), (c) and (d) and deleted subsec. (b)(8), (16)
and (17).
1990 Amendment. Act 201 added section 9763.
Cross References. Section 9763 is referred to in sections 2154.1, 9721, 9754, 9755, 9756, 9804 of this
title.
Notes of Decisions
Commonwealth v. Mazzetti, 44 A.3d 58 (Pa. 2012).
· cites it 8× “1) acknowledges that 42 Pa.C.S. § 9763 authorizes the trial court to impose a sentence of county intermediate punishment even if there is an applicable mandatory minimum.”
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
· cites it 7× “In particular, we agreed to decide whether, when sentencing a repeat offender in need of further treatment to county intermediate punishment ("CIP") under section 9763 of the Sentencing Code, 42 Pa.C.S. § 9763, the sentencing court must impose the statutory maximum sentence…”
Commonwealth, Aplt. v. Stotelmyer, D., 110 A.3d 146 (Pa. 2015).
· cites it 12× “§ 9721(a), which governs sentencing in general and provides seven sentencing options, includes county intermediate punishment.”
Commonwealth v. Kyle, 874 A.2d 12 (Pa. 2005).
· cites it 4× “42 Pa.C.S. § 9763(b)(1)-(17); accord 37 Pa.”
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
· cites it 6× “This Court in Arest concluded that an IPP sentence of house arrest for DUI that did not include drug and alcohol treatment was an illegal sentence because it violated the express terms of 42 Pa.C.S. § 9763(c). The Arest Court also held that Philadelphia County’s IPP plan did not…”
Commonwealth v. Koskey, 812 A.2d 509 (Pa. 2002).
· cites it 6× “Where a mandatory minimum sentence has been provided, such as in the instant case, a court does not have discretion in sentencing, unless specifically authorized under 42 Pa.C.S. § 9763. Id. At the time Appellant was sentenced, Section 9763 allowed a sentencing court to impose a…”
Com. v. Mulkin, O., 228 A.3d 913 (Pa. Super. Ct. 2020).
“§ 9754(c)(8) (authorizing restitution as a condition of probation); 42 Pa.C.S. § 9763(b)(10) (authorizing restitution as a condition attached to intermediate punishment); 204 Pa.”
Commonwealth v. Chiappini, 782 A.2d 490 (Pa. 2001).
· cites it 2× “[1] Under the Sentencing Code, a sentence of non-incarceration, but involving conditions such as a requirement "[t]o remain within the premises of the defendant's residence during the hours designated by the court," 42 Pa.”
Commonwealth v. Wegley, 829 A.2d 1148 (Pa. 2003).
· cites it 2× “§ 9754(c) (conditions incident to probation) with 42 Pa.C.S. § 9763(b) (conditions incident to intermediate punishment), with home confinement representing an available condition in conjunction with either one, see 42 Pa.”
Chamberlain v. Unemployment Comp. Bd. of Review, 114 A.3d 385 (Pa. 2015).
· cites it 2× “42 Pa.C.S. § 9763(a). Section 9763 further lists conditions which the court may attach to the defendant’s intermediate punishment sentence including, inter alia, to be devoted to a specific occupation or employment; to participate in a community service program; to undergo…”
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
· cites it 2× “The court, however, stated that the burden was on Appellant to contact one of the responsible (continuedA) 42 Pa.C.S. § 9763(c) authorizes a sentencing court to impose intermediate punishment as part of a sentence for DUI.”
Commonwealth v. Banks, 198 A.3d 391 (Pa. Super. Ct. 2018).
“] An intermediate punishment sentence imposed pursuant to 42 Pa.C.S. § 9763... may be revoked where the specific conditions of the sentence have been violated.”
— 42 Pa. Cons. Stat. § 9763(a) — 10 cases
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
“In particular, we agreed to decide whether, when sentencing a repeat offender in need of further treatment to county intermediate punishment ("CIP") under section 9763 of the Sentencing Code, 42 Pa.C.S. § 9763, the sentencing court must impose the statutory maximum sentence…”
Chamberlain v. Unemployment Comp. Bd. of Review, 114 A.3d 385 (Pa. 2015).
“42 Pa.C.S. § 9763(a). Section 9763 further lists conditions which the court may attach to the defendant’s intermediate punishment sentence including, inter alia, to be devoted to a specific occupation or employment; to participate in a community service program; to undergo…”
Commonwealth v. Koskey, 812 A.2d 509 (Pa. 2002).
“Where a mandatory minimum sentence has been provided, such as in the instant case, a court does not have discretion in sentencing, unless specifically authorized under 42 Pa.C.S. § 9763. Id. At the time Appellant was sentenced, Section 9763 allowed a sentencing court to impose a…”
— 42 Pa. Cons. Stat. § 9763(a)(b) — 1 case
— 42 Pa. Cons. Stat. § 9763(b) — 12 cases
Commonwealth v. Wegley, 829 A.2d 1148 (Pa. 2003).
“§ 9754(c) (conditions incident to probation) with 42 Pa.C.S. § 9763(b) (conditions incident to intermediate punishment), with home confinement representing an available condition in conjunction with either one, see 42 Pa.”
— 42 Pa. Cons. Stat. § 9763(b)(1) — 3 cases
— 42 Pa. Cons. Stat. § 9763(b)(10) — 8 cases
Com. v. Mulkin, O., 228 A.3d 913 (Pa. Super. Ct. 2020).
“§ 9754(c)(8) (authorizing restitution as a condition of probation); 42 Pa.C.S. § 9763(b)(10) (authorizing restitution as a condition attached to intermediate punishment); 204 Pa.”
— 42 Pa. Cons. Stat. § 9763(b)(15) — 4 cases
— 42 Pa. Cons. Stat. § 9763(b)(16) — 5 cases
Commonwealth v. Chiappini, 782 A.2d 490 (Pa. 2001).
“[1] Under the Sentencing Code, a sentence of non-incarceration, but involving conditions such as a requirement "[t]o remain within the premises of the defendant's residence during the hours designated by the court," 42 Pa.”
Commonwealth v. Wegley, 829 A.2d 1148 (Pa. 2003).
“§ 9754(c) (conditions incident to probation) with 42 Pa.C.S. § 9763(b) (conditions incident to intermediate punishment), with home confinement representing an available condition in conjunction with either one, see 42 Pa.”
— 42 Pa. Cons. Stat. § 9763(b)(17) — 1 case
— 42 Pa. Cons. Stat. § 9763(b)(3) — 1 case
Commonwealth v. Koskey, 812 A.2d 509 (Pa. 2002).
“Where a mandatory minimum sentence has been provided, such as in the instant case, a court does not have discretion in sentencing, unless specifically authorized under 42 Pa.C.S. § 9763. Id. At the time Appellant was sentenced, Section 9763 allowed a sentencing court to impose a…”
— 42 Pa. Cons. Stat. § 9763(b)(4) — 1 case
— 42 Pa. Cons. Stat. § 9763(b)(5) — 2 cases
— 42 Pa. Cons. Stat. § 9763(b)(7) — 2 cases
Commonwealth v. Koskey, 812 A.2d 509 (Pa. 2002).
“Where a mandatory minimum sentence has been provided, such as in the instant case, a court does not have discretion in sentencing, unless specifically authorized under 42 Pa.C.S. § 9763. Id. At the time Appellant was sentenced, Section 9763 allowed a sentencing court to impose a…”
— 42 Pa. Cons. Stat. § 9763(b)(l) — 1 case
— 42 Pa. Cons. Stat. § 9763(c) — 13 cases
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
“This Court in Arest concluded that an IPP sentence of house arrest for DUI that did not include drug and alcohol treatment was an illegal sentence because it violated the express terms of 42 Pa.C.S. § 9763(c). The Arest Court also held that Philadelphia County’s IPP plan did not…”
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
“The court, however, stated that the burden was on Appellant to contact one of the responsible (continuedA) 42 Pa.C.S. § 9763(c) authorizes a sentencing court to impose intermediate punishment as part of a sentence for DUI.”
Commonwealth, Aplt. v. Stotelmyer, D., 110 A.3d 146 (Pa. 2015).
“§ 9721(a), which governs sentencing in general and provides seven sentencing options, includes county intermediate punishment.”
— 42 Pa. Cons. Stat. § 9763(c)(1) — 2 cases
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
“In particular, we agreed to decide whether, when sentencing a repeat offender in need of further treatment to county intermediate punishment ("CIP") under section 9763 of the Sentencing Code, 42 Pa.C.S. § 9763, the sentencing court must impose the statutory maximum sentence…”
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
“This Court in Arest concluded that an IPP sentence of house arrest for DUI that did not include drug and alcohol treatment was an illegal sentence because it violated the express terms of 42 Pa.C.S. § 9763(c). The Arest Court also held that Philadelphia County’s IPP plan did not…”
— 42 Pa. Cons. Stat. § 9763(c)(2) — 2 cases
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
“In particular, we agreed to decide whether, when sentencing a repeat offender in need of further treatment to county intermediate punishment ("CIP") under section 9763 of the Sentencing Code, 42 Pa.C.S. § 9763, the sentencing court must impose the statutory maximum sentence…”
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
“This Court in Arest concluded that an IPP sentence of house arrest for DUI that did not include drug and alcohol treatment was an illegal sentence because it violated the express terms of 42 Pa.C.S. § 9763(c). The Arest Court also held that Philadelphia County’s IPP plan did not…”
— 42 Pa. Cons. Stat. § 9763(d) — 4 cases
Commonwealth v. Mazzetti, 44 A.3d 58 (Pa. 2012).
“1) acknowledges that 42 Pa.C.S. § 9763 authorizes the trial court to impose a sentence of county intermediate punishment even if there is an applicable mandatory minimum.”
Commonwealth, Aplt. v. Popielarcheck, A., 190 A.3d 1137 (Pa. 2018).
“In particular, we agreed to decide whether, when sentencing a repeat offender in need of further treatment to county intermediate punishment ("CIP") under section 9763 of the Sentencing Code, 42 Pa.C.S. § 9763, the sentencing court must impose the statutory maximum sentence…”
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