§ 9802. Definitions.
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Board." A county prison board, in counties of the first and second class, the Criminal Justice
Coordinating Commission or its successor agency.
"Commission." The Pennsylvania Commission on Crime and Delinquency.
"County intermediate punishment plan." A document which describes a proposed intermediate punishment program.
"County intermediate punishment program." A residential or nonresidential program provided in a community for eligible offenders.
"Court." The trial judge exercising sentencing jurisdiction over an eligible offender under
this chapter. Trial judge may include a magisterial district judge if use of intermediate
punishment programs by the minor judiciary is approved by the court of common pleas
via administrative order or local rule.
"Eligible offender." Subject to section 9721(a.1) (relating to sentencing generally), a person convicted
of an offense who would otherwise be sentenced to a county correctional facility,
who does not demonstrate a present or past pattern of violent behavior and who would
otherwise be sentenced to partial confinement pursuant to section 9724 (relating to
partial confinement) or total confinement pursuant to section 9725 (relating to total
confinement). The term does not include an offender who has been convicted or adjudicated
delinquent of a crime requiring registration under Subchapter H of Chapter 97 (relating
to registration of sexual offenders) or an offender with a current conviction or a
prior conviction within the past ten years for any of the following offenses:
18 Pa.C.S. § 2502 (relating to murder).
18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
18 Pa.C.S. § 2702 (relating to aggravated assault).
18 Pa.C.S. § 2703 (relating to assault by prisoner).
18 Pa.C.S. § 2704 (relating to assault by life prisoner).
18 Pa.C.S. § 2901(a) (relating to kidnapping).
18 Pa.C.S. § 3122.1(a)(1) (relating to statutory sexual assault).
18 Pa.C.S. § 3301 (relating to arson and related offenses).
18 Pa.C.S. § 3502 (relating to burglary) when graded as a felony of the first degree.
18 Pa.C.S. § 3701 (relating to robbery).
18 Pa.C.S. § 3923 (relating to theft by extortion).
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5121 (relating to escape).
"Nonprofit agency." A not-for-profit human service organization which provides treatment, guidance, counseling,
training or rehabilitation services to individuals, families or groups.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 1, 2004, P.L.1778, No.233, eff.
60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days)
2012 Amendment. Act 122 amended the def. of "eligible offender."
2004 Amendment. Act 207 amended the def. of "court." See section 29 of Act 207 in the appendix to
this title for special provisions relating to construction of law.
Notes of Decisions
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
· cites it 5× “When determining the eligibility of a person convicted of an offense who would otherwise be sentenced to a county correctional facility, who is determined to be an eligible offender under the provisions of 42 Pa.C.S. § 9802, is the Sentencing Court bound by restrictions on the…”
Commonwealth v. Vanskiver, 819 A.2d 69 (Pa. Super. Ct. 2003).
· cites it 2× “See 42 Pa.C.S. § 9802. We further recognize that, as illustrated in Chiappini , our Supreme Court is divided on the issue of whether the County Intermediate Punishment Act applies to an analysis of whether an individual should get credit under section 9760.”
Commonwealth v. Kenney, 210 A.3d 1077 (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 9802 (emphasis added). Nothing in the County Intermediate Punishment Act excludes the crime of leaving the scene of an accident involving death from eligibility for CIP.”
Com. v. Seals, J., 2026 Pa. Super. 29 (Pa. Super. Ct. 2026).
“” 42 Pa.C.S. § 9802. The County Intermediate Punishment Act permits adoption of a plan for the implementation and operation by counties of CIP programs.”
Commonwealth v. Hoffman, 123 A.3d 1065 (Pa. Super. Ct. 2015).
“l), and the definition of “eligible offender” in 42 Pa.C.S. § 9802 requires a measure of statutory interpretation, and [blecause statutory interpretation is a question of law, our standard of review is de novo, and our scope of review is plenary.”
Com. v. Haynes, B. (Pa. Super. Ct. 2017).
· cites it 2× “-2- J-S10012-17 The Commonwealth contends that Appellee’s sentence of house arrest, a form of county intermediate punishment (hereinafter “CIP”), is illegal pursuant to 42 Pa.C.S. § 9802, as her conviction for aggravated assault disqualifies her for CIP.”
Com. v. McNear, D. (Pa. Super. Ct. 2017).
· cites it 2× “1) and 42 Pa.C.S. § 9802. Appellant timely filed a motion for reconsideration of sentence solely on the ground that a sentence served ____________________________________________ 1 18 Pa.”
Com. v. Geis, M. (Pa. Super. Ct. 2019).
“3d at 361 ; see also 42 Pa.C.S. § 9802 (defining county intermediate punishment program as a “residential or nonresidential program provided in a community for eligible offenders”); 42 Pa.”
Commonwealth, Aplt. v. Stotelmyer, D. (Pa. 2015).
“Given the material ambiguity and Section 9763’s integral interrelationship with the County Intermediate Punishment program established by the General Assembly, I support the Superior Court’s approach in construing “specific[] authorizat[ion]” under Section 9721(a.”
Commonwealth v. Ervin, 55 Pa. D. & C.4th 378 (2002).
“” 42 Pa.C.S. §9802 states: “an eligible offender is any person convicted of an offense who would otherwise be sentenced to a county correctional facility, who does not demonstrate a past pattern of violent behavior and who would otherwise be sentenced to partial confinement…”
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.