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42 Pa. Cons. Stat. § 9804

 County intermediate punishment programs.

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§ 9804.  County intermediate punishment programs.

(a)  Description.--County intermediate punishment programs are restrictive conditions of probation imposed under section 9763(c) or (d) (relating to conditions of probation), which may be subject to guidelines adopted under section 2154.1 (relating to adoption of guidelines for restrictive conditions).

(1)  (Deleted by amendment).

(2)  (Deleted by amendment).

(b)  Eligibility.--

(1)  (i)  Upon adoption of guidelines for imposing restrictive conditions adopted by the Pennsylvania Commission on Sentencing under section 2154.1, only eligible persons may have restrictive conditions imposed.

(ii)  The prosecuting attorney, in the prosecuting

attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.

(iii)  The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

(2)  Only programs that meet the requirements of restrictive conditions of probation under section 9763(c) or (d) and are certified in accordance with section 2154.1(b) shall be eligible for county intermediate punishment program funding.

(3)  (Deleted by amendment).

(4)  (Deleted by amendment).

(5)  (Deleted by amendment).

(Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; July 8, 2007, P.L.82, No.27, eff. imd.; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2002–2026 · leading case: Com. v. Conley, B.
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Com. v. Conley, B. (2022) pasuperct · cites it 4× “See 42 Pa.C.S. § 9804(a) (am. eff. Dec. 18, 2019).”
Commonwealth v. Sarapa (2011) pasuperct · cites it 4× “]” 42 Pa.C.S. § 9804(a)(2). The General Assembly defined an eligible offender as follows: “Eligible offender.”
Commonwealth, Aplt. v. Popielarcheck, A. (2018) pa · cites it 3× “42 Pa.C.S. § 9804. Conversely, under the Vehicle Code, Popielarcheck's minimum term of confinement was ninety days, 75 Pa.”
Commonwealth, Aplt. v. Stotelmyer, D. (2015) pa · cites it 4× “§ 9804(b)(1)(i) (providing only “eligible offenders” shall be sentenced to county intermediate punishment); id.”
Barge v. Pennsylvania Board of Probation & Parole (2014) pa · cites it 3× “Additions to 42 Pa.C.S. § 9804 and 61 Pa.C.S. § 4104 grant local prosecutors and courts modest discretion, in certain limited circumstances, to authorize that in lieu of total confinement in prison, an offender may enter a county intermediate punishment program, such as house…”
Commonwealth v. Koskey (2002) pa “42 Pa.C.S. § 9804(b)(3)(f). Thus, although there is no question that under the current statutory scheme Appellant could have been sentenced to alternative housing in a residential rehabilitation facility for his DUI-related DUS conviction, the CIPA did not take effect until…”
Com. v. Seals, J. (2026) pasuperct · cites it 2× “See 42 Pa.C.S. § 9804(a); Hoover, 231 A.3d at 790.”
Commonwealth v. Watson (2017) pasuperct “Although the court found Watson eligible for CIP, 13 and sentenced him pursuant to the alternative sentencing provisions in the Sentencing Code, see 42 Pa. C.S. § 9804, the court believed it was bound to impose the CIP sentence for the mandatory maximum term provided for in the…”
Com. v. Keppel, S. (2016) pasuperct “42 Pa.C.S. § 9804(b)(5)”). On October 26, 2015, Appellant filed a timely notice of appeal.”
Com. v. Rothwell, L. (2016) pasuperct “7 See 42 Pa.C.S. § 9804 (authorizing and describing county intermediate punishment programs).”
Com. v. Nakutis, D. (2017) pasuperct “42 Pa.C.S. § 9804(a) (emphasis added). -9- J-A01002-17 The Commonwealth’s second contention on appeal challenges the sentencing court’s decision to deviate from the guidelines.”
Com. v. Turner, R. (2018) pasuperct “§9763(a)(b) and 42 Pa.C.S. §§9801 et. seq. This court's sentence per count 2 - official oppression48 was a two (2) year term of , restrictive intermediate punishment which included three (3) months of electronic home l ! I monitoring.”
Show all 14 citing cases →
— 42 Pa. Cons. Stat. § 9804(a) — 4 cases
Com. v. Conley, B. (2022) pasuperct “See 42 Pa.C.S. § 9804(a) (am. eff. Dec. 18, 2019).”
Commonwealth, Aplt. v. Popielarcheck, A. (2018) pa “42 Pa.C.S. § 9804. Conversely, under the Vehicle Code, Popielarcheck's minimum term of confinement was ninety days, 75 Pa.”
Com. v. Seals, J. (2026) pasuperct “See 42 Pa.C.S. § 9804(a); Hoover, 231 A.3d at 790.”
Com. v. Nakutis, D. (2017) pasuperct “42 Pa.C.S. § 9804(a) (emphasis added). -9- J-A01002-17 The Commonwealth’s second contention on appeal challenges the sentencing court’s decision to deviate from the guidelines.”
— 42 Pa. Cons. Stat. § 9804(a)(2) — 1 case
Commonwealth v. Sarapa (2011) pasuperct “]” 42 Pa.C.S. § 9804(a)(2). The General Assembly defined an eligible offender as follows: “Eligible offender.”
— 42 Pa. Cons. Stat. § 9804(a)(l)(ii) — 1 case
Com. v. Turner, R. (2018) pasuperct “§9763(a)(b) and 42 Pa.C.S. §§9801 et. seq. This court's sentence per count 2 - official oppression48 was a two (2) year term of , restrictive intermediate punishment which included three (3) months of electronic home l ! I monitoring.”
— 42 Pa. Cons. Stat. § 9804(b)(1) — 2 cases
Commonwealth, Aplt. v. Stotelmyer, D. (2015) pa “§ 9804(b)(1)(i) (providing only “eligible offenders” shall be sentenced to county intermediate punishment); id.”
Commonwealth v. Ervin (2002) pactcompldelawa
— 42 Pa. Cons. Stat. § 9804(b)(1)(h) — 1 case
Barge v. Pennsylvania Board of Probation & Parole (2014) pa “Additions to 42 Pa.C.S. § 9804 and 61 Pa.C.S. § 4104 grant local prosecutors and courts modest discretion, in certain limited circumstances, to authorize that in lieu of total confinement in prison, an offender may enter a county intermediate punishment program, such as house…”
— 42 Pa. Cons. Stat. § 9804(b)(1)(i) — 1 case
Commonwealth, Aplt. v. Stotelmyer, D. (2015) pa “§ 9804(b)(1)(i) (providing only “eligible offenders” shall be sentenced to county intermediate punishment); id.”
— 42 Pa. Cons. Stat. § 9804(b)(2) — 1 case
Com. v. Seals, J. (2026) pasuperct “See 42 Pa.C.S. § 9804(a); Hoover, 231 A.3d at 790.”
— 42 Pa. Cons. Stat. § 9804(b)(3)(f) — 1 case
Commonwealth v. Koskey (2002) pa “42 Pa.C.S. § 9804(b)(3)(f). Thus, although there is no question that under the current statutory scheme Appellant could have been sentenced to alternative housing in a residential rehabilitation facility for his DUI-related DUS conviction, the CIPA did not take effect until…”
— 42 Pa. Cons. Stat. § 9804(b)(4)(i) — 1 case
Commonwealth v. Sarapa (2011) pasuperct “]” 42 Pa.C.S. § 9804(a)(2). The General Assembly defined an eligible offender as follows: “Eligible offender.”
— 42 Pa. Cons. Stat. § 9804(b)(4)(ii) — 1 case
Commonwealth v. Sarapa (2011) pasuperct “]” 42 Pa.C.S. § 9804(a)(2). The General Assembly defined an eligible offender as follows: “Eligible offender.”
— 42 Pa. Cons. Stat. § 9804(b)(5) — 4 cases
Commonwealth, Aplt. v. Popielarcheck, A. (2018) pa “42 Pa.C.S. § 9804. Conversely, under the Vehicle Code, Popielarcheck's minimum term of confinement was ninety days, 75 Pa.”
Commonwealth v. Sarapa (2011) pasuperct “]” 42 Pa.C.S. § 9804(a)(2). The General Assembly defined an eligible offender as follows: “Eligible offender.”
Com. v. Keppel, S. (2016) pasuperct “42 Pa.C.S. § 9804(b)(5)”). On October 26, 2015, Appellant filed a timely notice of appeal.”
Com. v. Fessler, S. (2014) pasuperct
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