§ 9813. Work release or other court order and purposes.
(a) Generally.--Notwithstanding any provision of law, if any offender has been sentenced to undergo
imprisonment in a county jail for a term of less than five years, the court, at the
time of sentence or at any time thereafter upon application made in accordance with
this section, may enter an order making the offender eligible to leave the jail during
necessary and reasonable hours for the purpose of working at his employment, conducting
his own business or other self-employed occupation, including housekeeping and attending
to the needs of family, seeking employment, attending an educational institution,
securing medical treatment or for other lawful purposes as the court shall consider
necessary and appropriate.
(b) Procedure.--At the time of imposition of a county jail sentence, a crime victim receiving notice
of the sentence imposed shall be informed that the offender may be eligible for an
order under this section. An application for an order under this section shall be
served on the attorney for the Commonwealth. Prior to granting any order under this
section, the court shall ensure that the attorney for the Commonwealth and a registered
crime victim have received notice of the application and had a reasonable opportunity
to be heard on the application.
(c) Revocation or modification of previously entered order.--The county jail officials may detain and recommit the offender or preclude the offender
from leaving the county jail if the offender violates the conditions set by the jail
officials or the court, or if allowing the offender to leave the county jail poses
a risk to community safety or the orderly and safe management of the jail. The jail
officials shall notify the court of such action. In addition, the order of court may
be revoked or modified at any time with notice to the prisoner.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days)
2008 Amendment. Act 81 added section 9813.
Notes of Decisions
Commonwealth v. Taylor, T., Aplt., 104 A.3d 479 (Pa. 2014).
· cites it 2× “10 Appellant appealed to the Superior Court, raising two issues: whether the sentencing court imposed an illegal sentence in contravention of Section 3814(2) by sentencing him without first obtaining an Assessment; and whether the burden was on 9 See 42 Pa.C.S. § 9813 (providing…”
Commonwealth v. Flaherty, 89 A.3d 286 (Pa. Super. Ct. 2014).
· cites it 2× “42 Pa.C.S. § 9813 (emphasis added). In addressing 62 P.”
Commonwealth, Aplt. v. Stotelmyer, D., 110 A.3d 146 (Pa. 2015).
“” 42 Pa.C.S. § 9813(a). This unqualified admonition appears to reflect another material ambiguity in the overarching scheme for intermediate punishment when considered in relation to offenses for which work release may be otherwise proscribed by law.”
Consonery v. Pelzer, 558 F. App'x 271 (3rd Cir. 2014).
“five years, the court, at the time of sentence or at any time thereafter upon application made in accordance with this section, may enter an order making the offender eligible to leave the jail during necessary and reasonable hours for the purpose of working at his employment,…”
Com. v. Carey, J. (Pa. Super. Ct. 2018).
· cites it 2× “However, authority for such a release is provided in 42 Pa.C.S. § 9813, and the trial court, which retained jurisdiction pursuant to 42 Pa.”
In Re: Order Adopting New Rule 705.1, Amending Rules 454, 462, & 1010, & Approving the Revision of the Comments to Rules 409, 414, 424, 455, 550, 590, & 704 of the Pennsylvania Rules of Crim. Procedure (Pa. 2016).
“23 that requires the judge to inform certain offenders of the duty to register; and 42 Pa.C.S. § 9813 that imposes requirements on the judge when a defendant may be eligible for work release.”
Stephanie Tarapchak v. Cnty. of Lackawanna (3rd Cir. 2018).
“” Last, the Order provided that it would “serve as a temporary Bench Warrant until Formal Charges for Escape are filed by the County District 1 Tarapchak eventually was convicted in the Schuylkill County Court of Common Pleas and sentenced on March 10, 2016 to a term of…”
Stephanie Tarapchak v. Cnty. of Lackawanna (3rd Cir. 2018).
“” Last, the Order provided that it would “serve as a temporary Bench Warrant until Formal Charges for Escape are filed by the County District 1 Tarapchak eventually was convicted in the Schuylkill County Court of Common Pleas and sentenced on March 10, 2016 to a term of…”
Com. v. Flaherty, T. (Pa. Super. Ct. 2014).
“at 289 (citing 42 Pa.C.S. § 9813). Accordingly, regardless of our interpretation of Pa.”
Com. v. Flaherty, T. (Pa. Super. Ct. 2014).
“:FILED SEPTEMBER 10, 2014 I agree with the majority that our prior decision in this matter compels the rev Although 42 Pa.C.S. § 9813(a) and 75 Pa.C.S. § 3815 did not authorize the itative needs based on his personal history i.”
Com. v. Gillette III, W. (Pa. Super. Ct. 2014).
“§ 2141 (now 42 Pa.C.S. § 9813), which allows a court to effectuate programs such as work release, “does not create a statutory right to release[;]” instead, “[i]t does nothing more than recognize by statute the power to direct a temporary release when the court deems it proper;…”
Commonwealth, Aplt. v. Stotelmyer, D. (Pa. 2015).
“” 42 Pa.C.S. §9813(a). This unqualified admonition appears to reflect another material ambiguity in the overarching scheme for intermediate punishment when considered in relation to offenses for which work release may be otherwise proscribed by law.”
— 42 Pa. Cons. Stat. § 9813(a) — 7 cases
Commonwealth, Aplt. v. Stotelmyer, D., 110 A.3d 146 (Pa. 2015).
“” 42 Pa.C.S. § 9813(a). This unqualified admonition appears to reflect another material ambiguity in the overarching scheme for intermediate punishment when considered in relation to offenses for which work release may be otherwise proscribed by law.”
Consonery v. Pelzer, 558 F. App'x 271 (3rd Cir. 2014).
“five years, the court, at the time of sentence or at any time thereafter upon application made in accordance with this section, may enter an order making the offender eligible to leave the jail during necessary and reasonable hours for the purpose of working at his employment,…”
Com. v. Carey, J. (Pa. Super. Ct. 2018).
“However, authority for such a release is provided in 42 Pa.C.S. § 9813, and the trial court, which retained jurisdiction pursuant to 42 Pa.”
Com. v. Flaherty, T. (Pa. Super. Ct. 2014).
“:FILED SEPTEMBER 10, 2014 I agree with the majority that our prior decision in this matter compels the rev Although 42 Pa.C.S. § 9813(a) and 75 Pa.C.S. § 3815 did not authorize the itative needs based on his personal history i.”
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