61 Pa. Cons. Stat. § 3903

Definitions.

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§ 3903. 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:

"Commission." The Pennsylvania Commission on Sentencing.

"Eligible inmate." A person sentenced to a term of confinement under the jurisdiction of the Department of Corrections who is serving a term of confinement, the minimum of which is not more than two years and the maximum of which is five years or less, or an inmate who is serving a term of confinement, the minimum of which is not more than three years where that inmate is within two years of completing his minimum term, and who has not reached 40 years of age at the time he is approved for participation in the motivational boot camp program. The term shall not include any inmate who is subject to a sentence the calculation of which included an enhancement for the use of a deadly weapon as defined pursuant to the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, any inmate who has been convicted or adjudicated delinquent of any crime listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders) or any inmate with a current conviction or a prior conviction within the past ten years for 18 Pa.C.S. § 2502 (relating to murder), drug trafficking as defined in section 4103 (relating to definitions) or a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses) or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses.

"Motivational boot camp." A program in which eligible inmates participate for a period of six months in a humane program for motivational boot camp programs which shall provide for rigorous physical activity, intensive regimentation and discipline, work on public projects, substance abuse treatment services licensed by the Department of Health, continuing education, vocational training, prerelease counseling and community corrections aftercare.

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

2019 Amendment. Act 115 amended the def. of "eligible inmate."

Special Provisions in Appendix. See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 2010–2025 · leading case: Commonwealth v. Finnecy

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Commonwealth v. Finnecy (2016) pasuperct · cites it 2× “§ 9714(g) and 61 Pa.C.S. § 3903). The Chester Court further reviewed the text of the burglary statute and discerned a distinction between first and second degree offenses, “as first-degree burglary contemplates the potential for confrontation, whereas second-degree burglary does…”

Commonwealth v. Gonzalez (2010) pasuperct · cites it 4× “See: 61 Pa.C.S. § 3903 (defining "Eligible inmate").”

Commonwealth v. Hansley (2012) pa “61 Pa.C.S. § 3903. Once an offender successfully completes the program, and following certification by the Department of Corrections to the Parole Board, he or she is entitled to immediate release on parole, regardless of any minimum sentence.”

Barge v. Pennsylvania Board of Probation & Parole (2014) pa “61 Pa.C.S. §§ 3903, 3904(d). 4 , 5 And other new provisions allow parole violators whose violation is only “technical,” such as failure to report to one’s parole officer, to be placed in halfway houses and not necessarily returned to full incarceration.”

Com. v. Jones, A. (2017) pasuperct · cites it 2× “61 Pa.C.S. § 3903. Section 3904(b) requires the sentencing judge to — employ the sentencing guidelines to identify those defendants who are eligible for participation in a motivational boot camp.”

Com. v. Mozeleski, J. (2019) pasuperct · cites it 2× “See 61 Pa.C.S. § 3903. -2- J-S57008-19 Appellant filed a timely post-sentence motion, asking the court to reconsider allowing him to participate in the boot camp program due to his rehabilitative needs.”

Com. v. Petrillo, H. (2017) pasuperct “” 61 Pa.C.S. § 3903. Section 3904(b) of the Prisons and Parole Code grants the sentencing judge “the discretion to exclude a defendant from eligibility if the judge determines that the defendant would be inappropriate for placement in a motivational boot camp.”

Com. v. Michnya, C. (2020) pasuperct “2d 910 , 915 ____________________________________________ 5 The trial court also stated that it had no objection to Appellant’s participation in Motivational Boot Camp under 61 Pa.C.S. § 3903; Appellant also was eligible for Recidivism Risk Reduction Incentive after serving…”

Com. v. McGuire, M. (2020) pasuperct “” 61 Pa.C.S.§ 3903. However, “[t]he prosecuting attorney, in the prosecuting attorney’s sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given -7- J-S43012-20 and Victim’s input…”

Com. v. Dates, J. (2021) pasuperct “” 61 Pa.C.S. § 3903. -3- J-S28035-21 low end of the standard range because of the information he had provided to law enforcement.”

Com. v. Deloatch, L (2025) pasuperct “See 61 Pa. C.S. § 3903. Notably, “burglary as defined in 18 Pa.”

Com. v. Price, D. (2014) pasuperct “61 Pa.C.S. § 3903 (rendering someone convicted of first-degree felony robbery unable to participate in motivational boot camp).”

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