Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9774 (2026)

 Revocation of State intermediate punishment sentence (Repealed).

✓ current as of May 2026
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§ 9774.  Revocation of State intermediate punishment sentence (Repealed).

 

2019 Repeal.  Section 9774 was repealed December 18, 2019, P.L.776, No.115, effective immediately.

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1998–2022 · leading case: Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010). · cites it 5× “(3)The court shall schedule a prompt State intermediate punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 (relating to revocation of State intermediate punishment sentence).”
Commonwealth v. Mazzetti, 44 A.3d 58 (Pa. 2012). · cites it 6× “[8] Correspondingly, section 9763(d) *67 provides that following a violation of a condition of county intermediate punishment, "the attorney for the Commonwealth may file notice at any time prior to resentencing of the Commonwealth's intention to proceed under an applicable…”
Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016). · cites it 2× “” 42 Pa.C.S. § 9774(c). Appellant concedes that he was expelled from the SIP program, N.”
Com. v. Schultz, Jr., P., 116 A.3d 1116 (Pa. Super. Ct. 2015). “(8) The court shall schedule a prompt State intermediate punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 (relating to revocation of State intermediate punishment sentence).”
Com. v. Williams, D., 2021 Pa. Super. 173 (Pa. Super. Ct. 2021). “(3) The court shall schedule a prompt State intermediate punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 (relating to revocation of State intermediate punishment sentence) [(now repealed)].”
Beahm v. Burke, 982 F. Supp. 2d 451 (E.D. Pa. 2013). “§ 9773, or state immediate punishment sentence, 42 Pa.C.S. § 9774. . To establish § 1983 liability in this context, a plaintiff must first demonstrate: 1) a prison official's knowledge of the prisoner's problem and the risk that unwarranted punishment was being inflicted; 2)…”
Com. v. Anderson, D. (Pa. Super. Ct. 2022). · cites it 3× “Did not the lower court lack the legal authority to revoke [Appellant’s] state intermediate punishment (“SIP”) sentence at count 1 and to impose a new sentence because the statutory basis for revocation of SIP – 42 Pa.C.S. § 9774 – was repealed by legislation enacted on December…”
Com. v. Rice, C. (Pa. Super. Ct. 2017). · cites it 2× “After noting the guideline ranges for the two felony offenses and Appellant’s ____________________________________________ 4 42 Pa.C.S. § 9774 provides: (a) General rule.”
Com. v. Boreman, D. (Pa. Super. Ct. 2016). “42 Pa.C.S. § 9774. Accordingly, if a court revokes a defendant’s SIP sentence, it must re-sentence him.”
Com. v. Heinbach, W. (Pa. Super. Ct. 2017). “42 Pa.C.S. § 9774. Additionally, Pennsylvania Rule of Criminal Procedure 708 provides, in relevant part: -3- J-S94036-16 Whenever a defendant has been sentenced to probation or intermediate punishment, or placed on parole, the judge shall not revoke such probation, intermediate…”
Com. v. Broody, J. (Pa. Super. Ct. 2017). “” 42 Pa.C.S. § 9774(c). Here, the trial court imposed a sentence in the standard range of the Sentencing Guidelines on each conviction, but ran the terms consecutively to one another.”
Com. v. Wagner, V. (Pa. Super. Ct. 2019). “…available to the court shall be the same as the alternatives available at the time of the initial sentencing.” 42 Pa.C.S. § 9774(b)-(c). -8-”
— 42 Pa. Cons. Stat. § 9774(b) — 2 cases
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010). “(3)The court shall schedule a prompt State intermediate punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 (relating to revocation of State intermediate punishment sentence).”
Com. v. Wagner, V. (Pa. Super. Ct. 2019). “…available to the court shall be the same as the alternatives available at the time of the initial sentencing.” 42 Pa.C.S. § 9774(b)-(c). -8-”
— 42 Pa. Cons. Stat. § 9774(c) — 7 cases
Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016). “” 42 Pa.C.S. § 9774(c). Appellant concedes that he was expelled from the SIP program, N.”
Commonwealth v. Mazzetti, 44 A.3d 58 (Pa. 2012). “[8] Correspondingly, section 9763(d) *67 provides that following a violation of a condition of county intermediate punishment, "the attorney for the Commonwealth may file notice at any time prior to resentencing of the Commonwealth's intention to proceed under an applicable…”
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010). “(3)The court shall schedule a prompt State intermediate punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 (relating to revocation of State intermediate punishment sentence).”
Com. v. Rice, C. (Pa. Super. Ct. 2017). “After noting the guideline ranges for the two felony offenses and Appellant’s ____________________________________________ 4 42 Pa.C.S. § 9774 provides: (a) General rule.”
Com. v. Broody, J. (Pa. Super. Ct. 2017). “” 42 Pa.C.S. § 9774(c). Here, the trial court imposed a sentence in the standard range of the Sentencing Guidelines on each conviction, but ran the terms consecutively to one another.”
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