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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9771.1 (2026)

 Court-imposed sanctions for violating probation.

✓ current as of May 2026
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§ 9771.1.  Court-imposed sanctions for violating probation.

(a)  Program.--Notwithstanding the provisions of section 9771 (relating to modification or revocation of order of probation), the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.

(b)  Coordination with other officials.--(Deleted by amendment).

(c)  Eligibility.--(Deleted by amendment).

(d)  Warning hearing.--(Deleted by amendment).

(e)  Drug testing.--(Deleted by amendment).

(f)  Violation hearing.--If a participant commits a probation violation, the participant shall promptly be arrested, and a hearing shall be held no later than two business days after the arrest date.

(g)  Sanctions.--

(1)  The court shall impose a term of imprisonment of up to:

(i)  three days for a first violation;

(ii)  seven days for a second violation;

(iii)  fourteen days for a third violation; and

(iv)  twenty-one days for a fourth or subsequent violation of probation.

(2)  The court may allow the term of imprisonment to be served on weekends or other nonwork days for employed probationers who have committed a first or second violation.

(3)  The court may increase the conditions of probation, including additional substance abuse treatment for a participant who has failed one or more drug tests.

(h)  Exceptions.--If the participant is able to provide a compelling reason for the probation violation, the court may grant an exception to the sanctions authorized under subsection (g).

(i)  Revocation of probation.--

(1)  After a third violation, the court may revoke the order of probation.

(2)  Upon revocation, the sentencing alternatives shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation.

(j)  Local rules.--

(1)  The court may adopt local rules for the administration of this program. Except as provided for under paragraph (2), the local rules may not be inconsistent with this section or any rules adopted by the Supreme Court.

(2)  The court may adopt local rules that are inconsistent with subsection (g) regarding the terms of imprisonment or other sanctions or conditions provided for under subsection (g).

(July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

Cross References.  Section 9771.1 is referred to in sections 2153, 9771 of this title.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2014–2023 · leading case: Barge v. Pennsylvania Bd. of Prob. & Parole, 96 A.3d 360 (Pa. 2014).
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Barge v. Pennsylvania Bd. of Prob. & Parole, 96 A.3d 360 (Pa. 2014). “For example, 42 Pa.C.S. § 9771.1 endows courts of common pleas with discretion to address and sanction probation violations by nonviolent offenders (violent offenders and those who must register as sexual offenders are excluded from eligibility).”
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). · cites it 3× ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). · cites it 3× ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). · cites it 3× ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
Com. v. Morales, J. (Pa. Super. Ct. 2018). “When imposing a sentence of total confinement after a probation revocation, the sentencing court is to consider the factors set forth in 42 Pa.C.S. § 9771.1 Commonwealth v. Ferguson, 2006 PA Super 18 , 893 A.”
Com. v. Berresford, J. (Pa. Super. Ct. 2019). “Berresford’s argument is premised on his contention that the trial court, in resentencing him to serve a sentence of total confinement, did not comply with 42 Pa.C.S. § 9771.1 However, in his brief, Berresford admits that the trial court “certainly set forth reasons that could…”
— 42 Pa. Cons. Stat. § 9771.1(a) — 3 cases
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
— 42 Pa. Cons. Stat. § 9771.1(i)(1) — 3 cases
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
Commonwealth, Aplt. v. Rosario, K. (Pa. 2023). ““When the words of a statute are 8Under 42 Pa.C.S. §9771.1, “the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.”
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