§ 4104. Selection for the State drug treatment program.
(a) Duties of commission and sentencing judge.--
(1) Through the use of sentencing guidelines, the commission shall employ the term "eligible
person" as defined in this chapter to further identify persons who would be potentially
appropriate for participation in the State drug treatment program. The sentencing
judge shall employ the sentencing guidelines to identify persons who are eligible
for participation in the State drug treatment program. The judge shall consider the
position of a victim of the crime, as advised by the prosecuting attorney, on whether
to exclude the person from eligibility for placement in the State drug treatment program.
The judge shall exclude the person from eligibility if the prosecuting attorney opposes
eligibility. The judge shall note on the sentencing order if a person has been excluded
from eligibility for the State drug treatment program. If the person is not excluded
from eligibility, the minimum sentence imposed shall operate as the minimum for parole
eligibility purposes if the person is not placed in the program by the department
under subsection (c) or if the person is expelled from the program under section 4105(f)
(relating to State drug treatment program).
(1.1) (Deleted by amendment).
(2) (i) The prosecuting attorney shall advise the court if the prosecuting attorney or a victim
of the crime opposes eligibility and, 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 notice of the prosecuting attorney's
intent to waive the eligibility requirements and an opportunity to be heard on the
issue.
(ii) The court, after considering victim input, may refuse to accept the prosecuting attorney's
waiver of the eligibility requirements.
(iii) (Deleted by amendment).
(iv) (Deleted by amendment).
(v) (Deleted by amendment).
(b) Assessment of addiction.--The department shall conduct an assessment of the addiction and other treatment needs
of an eligible person and determine whether the person would benefit from the State
drug treatment program, public safety would be enhanced by the person's participation
in the State drug treatment program, and placement of the person in the State drug
treatment program would not depreciate the seriousness of the offense. The assessment
shall be conducted using a nationally recognized assessment instrument or an instrument
that has been normed and validated on the department's inmate population by a recognized
expert in such matters. The assessment instrument shall be administered by persons
skilled in the treatment of drug and alcohol addiction and trained to conduct assessments.
The assessments shall be reviewed and approved by a supervisor with at least three
years of experience providing drug and alcohol counseling services.
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(c) Placement in the State drug treatment program.--If the department in its discretion believes an eligible person would benefit from
the State drug treatment program and placement in the program is appropriate, the
department shall make the placement and notify the court, the eligible person, the
commission and the attorney for the Commonwealth of the placement.
(d) Prerequisites for commitment.--(Deleted by amendment).
(e) Resentencing.--(Deleted by amendment).
(f) Consecutive probation.--Nothing in this chapter shall prohibit the court from sentencing an eligible person
to a consecutive period of probation. The total duration of the sentence may not exceed
the maximum term for which the eligible person could otherwise be sentenced.
(g) Applicability and program limitations.--(Deleted by amendment).
(h) Videoconferencing.--(Deleted by amendment).
(i) Victims.--(Deleted by amendment).
(j) Definitions.--(Deleted by amendment).
(July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff.
60 days)
Cross References. Section 4104 is referred to in section 4105 of this title.
Notes of Decisions
Cited in
12
cases (
6 in the last 5 years), 2010–2025 · 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× “61 Pa.C.S. § 4104. A defendant is not entitled to SIP, instead SIP is a privilege granted at the discretion of the sentencing court.”
Barge v. Pennsylvania Bd. of Prob. & Parole, 96 A.3d 360 (Pa. 2014).
· cites it 2× “§ 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 arrest, or a state…”
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
· cites it 7× “In this letter, the Department states that it conducted a reassessment “[i]n 8 compliance with the revised court order and 61 Pa. C.S. §4104” and that “all relevant information was reviewed and considered.”
Com. v. Collins, L. (Pa. Super. Ct. 2022).
· cites it 3× “3037-2016 and 1302-2019 sentences] that would comport with the State Drug Treatment Program[ under 61 Pa.C.S. § 4104.]” Appellant’s Brief at 25.”
N. Keys v. Pa Doc (Pa. Commw. Ct. 2023).
· cites it 3× “2 The Drug Program is a 24-month intensive treatment program for statutorily eligible inmates who have been convicted of substance use-related crimes, who meet certain eligibility standards in 61 Pa. C.S. §4104 (selection for the State Drug Treatment Program).”
P.M. Falcey, Jr. v. D. Nace (Pa. Commw. Ct. 2025).
· cites it 2× “1 Before us for disposition are Respondents’ Preliminary Objections 1 The Drug Program is a 24-month intensive treatment program for statutorily eligible inmates who have been convicted of substance use-related crimes, and who meet certain eligibility standards in Section 4104…”
Com. v. Foster, T. (Pa. Super. Ct. 2017).
“2010) (citing 61 Pa.C.S. § 4104(a)(1)). “A plain reading of the statute reveals that [a]ppellant’s SIP sentence could only include time spent -4- J-A04008-17 in the actual program plus the time spent during the evaluation process at an approved state correctional institution.”
Com. v. Rumley, A. (Pa. Super. Ct. 2023).
“See also 61 Pa.C.S. § 4104(a)(1) (sentencing court shall employ sentencing guidelines to identify persons eligible for State Drug Treatment Program), (c) (if the Department of Corrections, in its discretion, believes an eligible person would benefit from program, it shall make…”
J. Collier v. PPB (Pa. Commw. Ct. 2024).
“See 61 Pa.C.S. § 4104(c). We observe no abuse of the Board’s discretion.”
Williams v. Pennsylvania Dep't of Corr. (W.D. Pa. 2021).
“” 61 Pa. C.S. § 4104 (f). A participant in the SIP program is subject to transfer at the discretion of the DOC “between a State correctional institution, an institutional therapeutic community, a community-based therapeutic community, an outpatient addiction treatment program…”
Com. v. Saam, B. (Pa. Super. Ct. 2015).
“See 61 Pa.C.S. § 4104(e) (court may resentence defendant to state IP when (1) the Department of Corrections has recommended the defendant be placed in a drug treatment program, (2) the Commonwealth agrees to the placement and modification of sentence, and (3) the court…”
— 61 Pa. Cons. Stat. § 4104(a) — 3 cases
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“61 Pa.C.S. § 4104. A defendant is not entitled to SIP, instead SIP is a privilege granted at the discretion of the sentencing court.”
Barge v. Pennsylvania Bd. of Prob. & Parole, 96 A.3d 360 (Pa. 2014).
“§ 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 arrest, or a state…”
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
“In this letter, the Department states that it conducted a reassessment “[i]n 8 compliance with the revised court order and 61 Pa. C.S. §4104” and that “all relevant information was reviewed and considered.”
— 61 Pa. Cons. Stat. § 4104(a)(1) — 5 cases
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“61 Pa.C.S. § 4104. A defendant is not entitled to SIP, instead SIP is a privilege granted at the discretion of the sentencing court.”
Com. v. Foster, T. (Pa. Super. Ct. 2017).
“2010) (citing 61 Pa.C.S. § 4104(a)(1)). “A plain reading of the statute reveals that [a]ppellant’s SIP sentence could only include time spent -4- J-A04008-17 in the actual program plus the time spent during the evaluation process at an approved state correctional institution.”
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
“In this letter, the Department states that it conducted a reassessment “[i]n 8 compliance with the revised court order and 61 Pa. C.S. §4104” and that “all relevant information was reviewed and considered.”
Com. v. Collins, L. (Pa. Super. Ct. 2022).
“3037-2016 and 1302-2019 sentences] that would comport with the State Drug Treatment Program[ under 61 Pa.C.S. § 4104.]” Appellant’s Brief at 25.”
Com. v. Rumley, A. (Pa. Super. Ct. 2023).
“See also 61 Pa.C.S. § 4104(a)(1) (sentencing court shall employ sentencing guidelines to identify persons eligible for State Drug Treatment Program), (c) (if the Department of Corrections, in its discretion, believes an eligible person would benefit from program, it shall make…”
— 61 Pa. Cons. Stat. § 4104(a)(2) — 1 case
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
“In this letter, the Department states that it conducted a reassessment “[i]n 8 compliance with the revised court order and 61 Pa. C.S. §4104” and that “all relevant information was reviewed and considered.”
— 61 Pa. Cons. Stat. § 4104(c) — 4 cases
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
“In this letter, the Department states that it conducted a reassessment “[i]n 8 compliance with the revised court order and 61 Pa. C.S. §4104” and that “all relevant information was reviewed and considered.”
N. Keys v. Pa Doc (Pa. Commw. Ct. 2023).
“2 The Drug Program is a 24-month intensive treatment program for statutorily eligible inmates who have been convicted of substance use-related crimes, who meet certain eligibility standards in 61 Pa. C.S. §4104 (selection for the State Drug Treatment Program).”
J. Collier v. PPB (Pa. Commw. Ct. 2024).
“See 61 Pa.C.S. § 4104(c). We observe no abuse of the Board’s discretion.”
P.M. Falcey, Jr. v. D. Nace (Pa. Commw. Ct. 2025).
“1 Before us for disposition are Respondents’ Preliminary Objections 1 The Drug Program is a 24-month intensive treatment program for statutorily eligible inmates who have been convicted of substance use-related crimes, and who meet certain eligibility standards in Section 4104…”
— 61 Pa. Cons. Stat. § 4104(d) — 1 case
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
“In this letter, the Department states that it conducted a reassessment “[i]n 8 compliance with the revised court order and 61 Pa. C.S. §4104” and that “all relevant information was reviewed and considered.”
— 61 Pa. Cons. Stat. § 4104(e) — 2 cases
Com. v. Saam, B. (Pa. Super. Ct. 2015).
“See 61 Pa.C.S. § 4104(e) (court may resentence defendant to state IP when (1) the Department of Corrections has recommended the defendant be placed in a drug treatment program, (2) the Commonwealth agrees to the placement and modification of sentence, and (3) the court…”
Annotations are extracted automatically from the opinions in the
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