§ 4105. State drug treatment program.
(a) Establishment.--The department shall establish and administer the State drug treatment program. The
program shall be designed to address the individually assessed drug and alcohol abuse
and addiction needs of a participant and shall address other issues essential to the
participant's successful reintegration into the community, including, but not limited
to, educational and employment issues.
(b) Duration and components.--Notwithstanding any credit to which the defendant may be entitled under 42 Pa.C.S.
§ 9760 (relating to credit for time served), the duration of the State drug treatment
program is 24 months, but if the participant is unable to complete the program within
24 months and is otherwise compliant with the program, subject to the discretion of
the department, the program duration may be extended up to 30 months total in order
for the participant to successfully complete the program. The program shall include
the following:
(1) A period in a State correctional institution of not less than seven months. This period
shall include:
(i) The time during which the eligible person is being evaluated by the department under
section 4104(b) (relating to selection for the State drug treatment program).
(ii) Following evaluation under subparagraph (i), not less than four months shall be in
an institutional therapeutic community.
(2) A period of treatment in a community-based therapeutic community of at least two months.
(3) A period of at least six-months' treatment through an outpatient addiction treatment
facility. During the outpatient addiction treatment period of the program, the participant
may be housed in a community corrections center or group home or placed in an approved
transitional residence. The participant must comply with any conditions established
by the department regardless of where the participant resides during the outpatient
addiction treatment portion of the program.
(4) A period of supervised reintegration into the community for the balance of the program,
during which the participant shall continue to be supervised by the department and
comply with any conditions imposed by the department.
(5) Upon certification by the department of the participant's successful completion of
the program, the entire term of confinement that rendered the participant eligible
to participate in the State drug treatment program shall be deemed to have been served.
(c) Program management.--
(1) Consistent with the minimum time requirements set forth in subsection (b), the department
may transfer, at its discretion, a participant between a State correctional institution,
an institutional therapeutic community, a community-based therapeutic community, an
outpatient addiction treatment program and an approved transitional residence. The
department may also transfer a participant back and forth between less restrictive
and more restrictive settings based upon the participant's progress or regression
in treatment or for medical, disciplinary or other administrative reasons.
(2) This subsection shall be construed to provide the department with the maximum flexibility
to administer the State drug treatment program both as a whole and for individual
participants.
(d) Right of refusal to admit.--The administrator of a community-based therapeutic community or outpatient addiction
treatment facility may refuse to accept a participant whom the administrator deems
to be inappropriate for admission and may immediately discharge to the custody of
the department any participant who fails to comply with facility rules and treatment
expectations or refuses to constructively engage in the treatment process.
(e) Notice to court of completion of program.--When the department determines that a participant has successfully completed the State
drug treatment program, it shall notify the sentencing court, the attorney for the
Commonwealth and the commission.
(f) Expulsion from program.--
(1) A participant may be expelled from the State drug treatment program at any time in
accordance with guidelines established by the department, including failure to comply
with administrative or disciplinary procedures or requirements set forth by the department.
An expelled participant shall be housed in a State correctional institution to serve
the remainder of the participant's sentence. The expelled participant shall be eligible
for parole at the minimum sentence but may not be eligible for short sentence parole
under section 6137.1 (relating to short sentence parole).
(1.1) A police officer commissioned under section 1 of the act of May 21, 1943 (P.L.469,
No.210), entitled "An act providing for commissioning as police officers certain employes
of institutions maintained in whole or in part by the Commonwealth; conferring upon
them the powers of constables in certain cases; and imposing duties on wardens and
keepers of jails, police stations and lock-ups," shall have the authority to issue
a warrant for the return of a participant who is not in compliance with the terms
of the drug offender treatment program to the custody of the department.
(2) The department shall promptly notify the court, the participant, the attorney for
the Commonwealth and the commission of the expulsion of a participant from the State
drug treatment program and the reason for such expulsion.
(3) (Deleted by amendment).
(Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
Cross References. Section 4105 is referred to in sections 4103, 4104 of this title.
Notes of Decisions
Cited in
16
cases (
7 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 13× “§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016).
· cites it 4× “8 Appellant’s drug treatment program was a State Intermediate Punishment program, 61 Pa. C.S. § 4105(a), and this Code requirement therefore is directly applicable here.”
Williams v. Pennsylvania Bd. of Prob. & Parole, 68 A.3d 386 (Pa. Commw. Ct. 2013).
· cites it 2× “Section 4105(b) of the Code, 61 Pa.C.S. § 4105(b). While an offender may be considered eligible for the SIP program, a “participant” in the program is “[a]n eligible offender actually sentenced to State intermediate punishment pursuant to 42 Pa.”
Com. v. Anderson, D. (Pa. Super. Ct. 2022).
· cites it 5× “Finally, 61 Pa.C.S. § 4105, which previously was titled “Drug Offender Treatment Program,” was retitled “State ____________________________________________ 2 That statute provided as follows: (1) A participant may be expelled from the drug offender treatment program at any time…”
Com. v. Clark, D. (Pa. Super. Ct. 2020).
· cites it 3× “61 Pa.C.S. § 4105(a). During the two-year sentence, the offender must serve at least seven months in a state correctional facility, a minimum of two months in a community-based therapeutic community (half- way house which provides drug treatment programming), and at least six…”
Williams v. Pennsylvania Dep't of Corr. (W.D. Pa. 2021).
· cites it 3× “ECF 81-7 at 24-28; see also 61 Pa. C.S. § 4105(b). The total duration of a sentence incorporating the SIP program “may not exceed the maximum term for which the eligible offender could otherwise be sentenced.”
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
· cites it 2× “” 61 Pa. C.S. §4105(a). The Department established its Drug Offender Treatment Program (DOTP) by regulation as a form of State intermediate punishment to provide a sentencing alternative for individuals who commit drug-related offenses.”
Com. v. Gross, W., Jr. (Pa. Super. Ct. 2020).
· cites it 2× “61 Pa.C.S. § 4105(b). The program gives the Department of Corrections “maximum flexibility” to “transfer a participant back and forth between less restrictive and more restrictive settings.”
L.C. Bouie v. Pa Doc (Pa. Commw. Ct. 2023).
· cites it 2× “pdf (last visited July 5, 2023) (emphasis added); see 61 Pa. C.S. § 4105 (articulating the particulars of the SDTP).”
Com. v. Andino, D. (Pa. Super. Ct. 2025).
· cites it 2× “61 Pa.C.S. § 4105(b). A plain reading of the statute reveals that Appellant’s SIP sentence could only include time spent in the actual program plus the time spent during the evaluation process at an approved state correctional institution.”
P.M. Falcey, Jr. v. D. Nace (Pa. Commw. Ct. 2025).
· cites it 2× “” 61 Pa. C.S. § 4105(a). Decisions to allow an inmate to participate in the Drug Program are individualized and discretionary.”
Com. v. Wagner, V. (Pa. Super. Ct. 2019).
“2010) (explaining that SIP is a two-year program aimed at treating the addictions of certain criminal offenders); 61 Pa.C.S. § 4105(b) (setting forth requirements of SIP program).”
— 61 Pa. Cons. Stat. § 4105(a) — 7 cases
Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016).
“8 Appellant’s drug treatment program was a State Intermediate Punishment program, 61 Pa. C.S. § 4105(a), and this Code requirement therefore is directly applicable here.”
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
J.N. DeMaria v. DOC (Pa. Commw. Ct. 2019).
“” 61 Pa. C.S. §4105(a). The Department established its Drug Offender Treatment Program (DOTP) by regulation as a form of State intermediate punishment to provide a sentencing alternative for individuals who commit drug-related offenses.”
Com. v. Clark, D. (Pa. Super. Ct. 2020).
“61 Pa.C.S. § 4105(a). During the two-year sentence, the offender must serve at least seven months in a state correctional facility, a minimum of two months in a community-based therapeutic community (half- way house which provides drug treatment programming), and at least six…”
L.C. Bouie v. Pa Doc (Pa. Commw. Ct. 2023).
“pdf (last visited July 5, 2023) (emphasis added); see 61 Pa. C.S. § 4105 (articulating the particulars of the SDTP).”
— 61 Pa. Cons. Stat. § 4105(b) — 9 cases
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016).
“8 Appellant’s drug treatment program was a State Intermediate Punishment program, 61 Pa. C.S. § 4105(a), and this Code requirement therefore is directly applicable here.”
Williams v. Pennsylvania Bd. of Prob. & Parole, 68 A.3d 386 (Pa. Commw. Ct. 2013).
“Section 4105(b) of the Code, 61 Pa.C.S. § 4105(b). While an offender may be considered eligible for the SIP program, a “participant” in the program is “[a]n eligible offender actually sentenced to State intermediate punishment pursuant to 42 Pa.”
Com. v. Wagner, V. (Pa. Super. Ct. 2019).
“2010) (explaining that SIP is a two-year program aimed at treating the addictions of certain criminal offenders); 61 Pa.C.S. § 4105(b) (setting forth requirements of SIP program).”
Com. v. Clark, D. (Pa. Super. Ct. 2020).
“61 Pa.C.S. § 4105(a). During the two-year sentence, the offender must serve at least seven months in a state correctional facility, a minimum of two months in a community-based therapeutic community (half- way house which provides drug treatment programming), and at least six…”
— 61 Pa. Cons. Stat. § 4105(b)(1) — 3 cases
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
Williams v. Pennsylvania Bd. of Prob. & Parole, 68 A.3d 386 (Pa. Commw. Ct. 2013).
“Section 4105(b) of the Code, 61 Pa.C.S. § 4105(b). While an offender may be considered eligible for the SIP program, a “participant” in the program is “[a]n eligible offender actually sentenced to State intermediate punishment pursuant to 42 Pa.”
Com. v. Andino, D. (Pa. Super. Ct. 2025).
“61 Pa.C.S. § 4105(b). A plain reading of the statute reveals that Appellant’s SIP sentence could only include time spent in the actual program plus the time spent during the evaluation process at an approved state correctional institution.”
— 61 Pa. Cons. Stat. § 4105(b)(5) — 2 cases
P.M. Falcey, Jr. v. D. Nace (Pa. Commw. Ct. 2025).
“” 61 Pa. C.S. § 4105(a). Decisions to allow an inmate to participate in the Drug Program are individualized and discretionary.”
— 61 Pa. Cons. Stat. § 4105(c) — 1 case
Williams v. Pennsylvania Dep't of Corr. (W.D. Pa. 2021).
“ECF 81-7 at 24-28; see also 61 Pa. C.S. § 4105(b). The total duration of a sentence incorporating the SIP program “may not exceed the maximum term for which the eligible offender could otherwise be sentenced.”
— 61 Pa. Cons. Stat. § 4105(c)(2) — 2 cases
Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016).
“8 Appellant’s drug treatment program was a State Intermediate Punishment program, 61 Pa. C.S. § 4105(a), and this Code requirement therefore is directly applicable here.”
Com. v. Gross, W., Jr. (Pa. Super. Ct. 2020).
“61 Pa.C.S. § 4105(b). The program gives the Department of Corrections “maximum flexibility” to “transfer a participant back and forth between less restrictive and more restrictive settings.”
— 61 Pa. Cons. Stat. § 4105(e) — 1 case
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
— 61 Pa. Cons. Stat. § 4105(f) — 3 cases
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
Com. v. Anderson, D. (Pa. Super. Ct. 2022).
“Finally, 61 Pa.C.S. § 4105, which previously was titled “Drug Offender Treatment Program,” was retitled “State ____________________________________________ 2 That statute provided as follows: (1) A participant may be expelled from the drug offender treatment program at any time…”
Com. v. Clark, D. (Pa. Super. Ct. 2020).
“61 Pa.C.S. § 4105(a). During the two-year sentence, the offender must serve at least seven months in a state correctional facility, a minimum of two months in a community-based therapeutic community (half- way house which provides drug treatment programming), and at least six…”
— 61 Pa. Cons. Stat. § 4105(f)(1) — 3 cases
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
Com. v. Anderson, D. (Pa. Super. Ct. 2022).
“Finally, 61 Pa.C.S. § 4105, which previously was titled “Drug Offender Treatment Program,” was retitled “State ____________________________________________ 2 That statute provided as follows: (1) A participant may be expelled from the drug offender treatment program at any time…”
Williams v. Pennsylvania Dep't of Corr. (W.D. Pa. 2021).
“ECF 81-7 at 24-28; see also 61 Pa. C.S. § 4105(b). The total duration of a sentence incorporating the SIP program “may not exceed the maximum term for which the eligible offender could otherwise be sentenced.”
— 61 Pa. Cons. Stat. § 4105(f)(2) — 1 case
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
— 61 Pa. Cons. Stat. § 4105(f)(2)(3) — 1 case
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
— 61 Pa. Cons. Stat. § 4105(f)(3) — 2 cases
Commonwealth v. Flowers, 149 A.3d 867 (Pa. Super. Ct. 2016).
“8 Appellant’s drug treatment program was a State Intermediate Punishment program, 61 Pa. C.S. § 4105(a), and this Code requirement therefore is directly applicable here.”
Commonwealth v. Kuykendall, 2 A.3d 559 (Pa. Super. Ct. 2010).
“§ 9905, however, as of October 13, 2009, the relevant statutory provision became 61 Pa.C.S. § 4105. 5 . On August 13, 2007, Appellant was transported to SCI-Camp Hill for purposes of his SIP evaluation.”
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.