61 Pa. Cons. Stat. § 4503

Definitions.

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§ 4503. 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:

"Court." The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter or the president judge or the president judge's designee if the original trial judge is no longer serving as a judge of the sentencing court.

"Defendant." An individual charged with a criminal offense.

"Eligible person." A defendant or inmate convicted of a criminal offense who will be committed to the custody of the department and who meets all of the following eligibility requirements:

(1) Does not demonstrate a history of present or past violent behavior.

(2) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or the equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses.

(3) Has not been found guilty of or previously convicted of or adjudicated delinquent for or criminal attempt, criminal solicitation or criminal conspiracy to commit murder, a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses) or a personal injury crime as defined under section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, except for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) when the offense is a misdemeanor of the third degree, or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

(4) Has not been found guilty or previously convicted or adjudicated delinquent for violating any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses:

18 Pa.C.S. § 4302(a) (relating to incest).

18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child sexual abuse material).

Received a criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms).

Any offense 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).

Drug trafficking as defined in section 4103 (relating to definitions).

(5) Is not awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the defendant to become ineligible under this definition.

(6) (Deleted by amendment).

"Program plan." An individualized plan recommended by the department that contains approved treatment and other approved programs designed to reduce recidivism risk of a specific inmate.

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Oct. 29, 2024, P.L.1095, No.125, eff. 60 days)

2024 Amendment. Act 125 amended par. (4) in the def. of "eligible person."

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

Cross References. Section 4503 is referred to in sections 6113, 6137 of this title.

Notes of Decisions

Cited in 68 cases (15 in the last 5 years), 2010–2026 · leading case: Commonwealth v. Cullen-Doyle, S., Aplt.

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Commonwealth v. Cullen-Doyle, S., Aplt. (2017) pa · cites it 6× “Here, however, and particularly as the word “history” ordinarily concerns past events and can refer to a pattern of behavior, we find the salient aspect of the statute, referring to a “history of present or past violent behavior,” 61 Pa.C.S. §4503, to be materially ambiguous,…”

Commonwealth v. Finnecy (2016) pasuperct · cites it 4× “See 61 Pa.C.S. § 4503. Appellant, having not been convicted of any crimes enumerated in the RRRI statute and contending he has no history of violence, argues that the court’s finding of ineligibility was erroneous.”

Commonwealth v. Gonzalez (2010) pasuperct · cites it 10× “" 61 Pa.C.S. § 4503 (defining "Eligible offender").”

Commonwealth v. Hansley (2010) pasuperct · cites it 6× “We conclude that the court is so empowered by the RRRIA and must specify an RRRI minimum sentence upon determination that the defendant is statutorily eligible pursuant to 61 Pa.C.S. § 4503. In addition, we hold that a defendant who meets all other criteria for eligibility under…”

Commonwealth v. Hansley (2012) pa · cites it 2× “61 Pa.C.S. § 4503. Effective December 20, 2012, the General Assembly amended paragraph (4) by substituting "Any sexually violent offense as defined in 42 Pa.”

Commonwealth v. Main (2010) pasuperct · cites it 2× “Accordingly, we instruct the trial court, upon remand, to determine Appellant’s eligibility for RRRI pursuant to 61 Pa.C.S. § 4503, and in doing so, specifically to disregard his mandatory-minimum sentence.”

Commonwealth v. Hanna (2015) pasuperct · cites it 4× “Appellant argues that his felony was not an offense “involving a deadly weapon” under 61 Pa.C.S. § 4503, and the Commonwealth did not establish the firearm he stole was a deadly weapon.”

Commonwealth v. Tobin (2014) pasuperct “” 61 Pa.C.S. § 4503(6); see also Hansley, supra at 381-382 .”

Commonwealth v. Dozier (2019) pasuperct “See 61 Pa.C.S. § 4503 (defining "eligible offender" for RRRI as a defendant who, inter alia , has not been adjudicated delinquent of a personal injury crime, excluding simple assault as a misdemeanor of the third degree, and "[d]oes not demonstrate a history of present or past…”

Com. v. Bradley, P. (2020) pasuperct “61 Pa.C.S. § 4503(1). Here, the trial court concluded that Appellant has a ‘history of past violent behavior’ because he has a single conviction for disorderly conduct under 18 Pa.”

Commonwealth v. Thompson (2016) pasuperct “See 61 Pa.C.S. § 4503. Accordingly, his minimum sentence was reduced to 50 months’ incarceration.”

Commonwealth v. Quiles (2017) pasuperct “61 Pa.C.S. § 4503. *395 This statute, however, has an exception and permits a defendant with a conviction for a simple assault to remain RRRI eligible if the defendant was convicted of a simple assault graded as a misdemeanor of the third degree.”

Show all 68 citing cases →

— 61 Pa. Cons. Stat. § 4503(1) — 21 cases

Commonwealth v. Finnecy (2016) pasuperct “See 61 Pa.C.S. § 4503. Appellant, having not been convicted of any crimes enumerated in the RRRI statute and contending he has no history of violence, argues that the court’s finding of ineligibility was erroneous.”

Commonwealth v. Gonzalez (2010) pasuperct “" 61 Pa.C.S. § 4503 (defining "Eligible offender").”

Commonwealth v. Hansley (2010) pasuperct “We conclude that the court is so empowered by the RRRIA and must specify an RRRI minimum sentence upon determination that the defendant is statutorily eligible pursuant to 61 Pa.C.S. § 4503. In addition, we hold that a defendant who meets all other criteria for eligibility under…”

Com. v. Arroyo-O'Neill, J. (2017) pasuperct

— 61 Pa. Cons. Stat. § 4503(2) — 9 cases

Commonwealth v. Gonzalez (2010) pasuperct “" 61 Pa.C.S. § 4503 (defining "Eligible offender").”

Commonwealth v. Hanna (2015) pasuperct “Appellant argues that his felony was not an offense “involving a deadly weapon” under 61 Pa.C.S. § 4503, and the Commonwealth did not establish the firearm he stole was a deadly weapon.”

Com. v. Bryan, T. (2016) pasuperct

Com. v. Happel, A. (2026) pasuperct

— 61 Pa. Cons. Stat. § 4503(3) — 10 cases

Com. v. Supernaw, M. (2018) pasuperct

Com. v. Hall, B. (2018) pasuperct

Com. v. Fulk, E. (2017) pasuperct

Com. v. Carson, C. (2017) pasuperct

Com. v. White, A. (2019) pasuperct

— 61 Pa. Cons. Stat. § 4503(4) — 6 cases

Com. v. Bryan, T. (2016) pasuperct

Com. v. Supernaw, M. (2018) pasuperct

Com. v. White, A. (2019) pasuperct

Com. v. Seif, S. (2020) pasuperct

Com. v. Hernandez, J. (2020) pasuperct

— 61 Pa. Cons. Stat. § 4503(5) — 2 cases

Com. v. Happel, A. (2026) pasuperct

Com. v. Grier, J. (2015) pasuperct

— 61 Pa. Cons. Stat. § 4503(6) — 5 cases

Commonwealth v. Tobin (2014) pasuperct “” 61 Pa.C.S. § 4503(6); see also Hansley, supra at 381-382 .”

Commonwealth v. Hansley (2012) pa “61 Pa.C.S. § 4503. Effective December 20, 2012, the General Assembly amended paragraph (4) by substituting "Any sexually violent offense as defined in 42 Pa.”

Commonwealth v. Main (2010) pasuperct “Accordingly, we instruct the trial court, upon remand, to determine Appellant’s eligibility for RRRI pursuant to 61 Pa.C.S. § 4503, and in doing so, specifically to disregard his mandatory-minimum sentence.”

Com. v. Bowes, J. (2017) pasuperct

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