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Pennsylvania Consolidated Statutes

61 Pa. Cons. Stat. § 4505 (2026)

 Sentencing.

✓ current as of May 2026
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§ 4505.  Sentencing.

(a)  Generally.--At the time of sentencing, the court shall make a determination whether the defendant is an eligible offender.

(b)  Waiver of eligibility requirements.--The 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 notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue. The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

(c)  Recidivism risk reduction incentive minimum sentence.--If the court determines that the defendant is an eligible offender or the prosecuting attorney has waived the eligibility requirements under subsection (b), the court shall provide notice of eligibility to the defendant and enter a sentencing order that does all of the following:

(1)  Imposes the minimum and maximum sentences as required under 42 Pa.C.S. § 9752 (relating to sentencing proceeding generally).

(2)  Imposes the recidivism risk reduction incentive minimum sentence. The court shall direct the department to calculate the length of the sentence. The recidivism risk reduction incentive minimum shall be equal to three-fourths of the minimum sentence imposed when the minimum sentence is three years or less. The recidivism risk reduction incentive minimum shall be equal to five-sixths of the minimum sentence if the minimum sentence is greater than three years. For purposes of these calculations, partial days shall be rounded to the nearest whole day. In determining the recidivism risk reduction incentive minimum sentence, the aggregation provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive sentences of total confinement for multiple offenses) and 9762(f) (relating to sentencing proceeding; place of confinement) shall apply and the recidivism risk reduction incentive minimum sentence shall be recalculated following the aggregation of consecutive sentences. An offender determined by the court to be ineligible for a recidivism risk reduction incentive minimum sentence for any of the sentences subject to aggregation shall be ineligible for a recidivism risk reduction incentive minimum sentence for the aggregated sentence.

(3)  Notwithstanding paragraph (2), if the defendant was previously sentenced to two or more recidivism risk reduction incentive minimum sentences, the court may, in its discretion, with the approval of the prosecuting attorney, impose the recidivism risk reduction incentive minimum sentence as provided for in paragraph (2).

(4)  Complies with all other applicable sentencing provisions, including provisions relating to victim notification and the opportunity to be heard.

(Dec. 18, 2019, P.L.776, No.115, eff. imd.)

 

2019 Amendment.  Act 115 amended subsec. (c) intro. par. and (2).

Cross References.  Section 4505 is referred to in section 4506 of this title.

Notes of Decisions
Cited in 47 cases (11 in the last 5 years), 2010–2025 · leading case: Commonwealth v. Gonzalez, 10 A.3d 1260 (Pa. Super. Ct. 2010).
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Commonwealth v. Gonzalez, 10 A.3d 1260 (Pa. Super. Ct. 2010). · cites it 8× “See 61 Pa. C.S. § 4505(a) ("At the time of sentencing, the court shall make a determination whether the defendant is an eligible offender.”
Commonwealth v. Main, 6 A.3d 1026 (Pa. Super. Ct. 2010). · cites it 3× “See 61 Pa.C.S. §§ 4505(a), (c)(2). The mandatory sentencing provisions at 18 Pa.”
Commonwealth v. Pardo, 35 A.3d 1222 (Pa. Super. Ct. 2011). · cites it 2× “Pursuant to 61 Pa.C.S. § 4505(c), offenders eligible for the RRRI program are sentenced to the minimum and maximum sentences under 42 Pa.”
Commonwealth v. Hansley, 994 A.2d 1150 (Pa. Super. Ct. 2010). · cites it 4× “The court reconciled the conditional minimum it imposed accordingly, see 61 Pa.C.S. § 4505(a), noting that the RRRIA merely affords the offender an opportunity for release subject to his completion of an RRRI program plan and the discretion of the Parole Board.”
Commonwealth v. Hansley, 47 A.3d 1180 (Pa. 2012). · cites it 2× “When a court imposes a sentence of imprisonment in a state correctional facility, the court must also determine if the defendant is eligible for an RRRI Act minimum sentence, see 61 Pa.C.S. § 4505(a). The prosecutor may waive the eligibility requirements, but the court may…”
Com. v. Risoldi, C., 276 A.3d 279 (Pa. Super. Ct. 2022). · cites it 2× “§ 9756(e) and 61 Pa.C.S. §§ 4505(c), 4506(a). -3- J-A07001-22 Commonwealth v.”
Commonwealth v. Dozier, 208 A.3d 1101 (Pa. Super. Ct. 2019). “61 Pa.C.S. § 4505. Appellant did not file a post-sentence motion or direct appeal.”
Commonwealth v. Thompson, 136 A.3d 178 (Pa. Super. Ct. 2016). “See 61 Pa.C.S. § 4505(c)(2). 2 . The Clerk of Quarter Sessions serves as the clerk of courts for the Court of Common Pleas of Philadelphia County.”
Commonwealth, Aplt. v. Stotelmyer, D., 110 A.3d 146 (Pa. 2015). · cites it 2× “, at 1189 (citation omitted); see also 61 Pa.C.S. § 4505(c)(1)-(2). Thus, an offender still receives a mandatory minimum sentence along with an RRRI Act minimum sentence, unlike the situation in the instant case.”
Homa v. Pa. Bd. of Prob. & Parole, 192 A.3d 329 (Pa. Commw. Ct. 2018). “" 61 Pa. C.S. § 4505(c)(2). The quoted portions of both letters appear in the originals in all capitalized letters but have been changed to lower case for ease of reading.”
Commonwealth v. Dixon, 53 A.3d 839 (Pa. Super. Ct. 2012). “61 Pa.C.S. § 4505. . Appellant also argues that the Youth/School Enhancement, 204 Pa.”
Com. v. Durrett, T. (Pa. Super. Ct. 2017). · cites it 3× “Durrett is an eligible offender under the Recidivism Risk Reduction Incentive [RRRI] Act, in violation of 61 Pa.C.S. § 4505(a). (2) Whether the trial court abused its discretion by revoking Mr.”
Show all 47 citing cases →
— 61 Pa. Cons. Stat. § 4505(a) — 18 cases
Commonwealth v. Gonzalez, 10 A.3d 1260 (Pa. Super. Ct. 2010). “See 61 Pa. C.S. § 4505(a) ("At the time of sentencing, the court shall make a determination whether the defendant is an eligible offender.”
Commonwealth v. Hansley, 994 A.2d 1150 (Pa. Super. Ct. 2010). “The court reconciled the conditional minimum it imposed accordingly, see 61 Pa.C.S. § 4505(a), noting that the RRRIA merely affords the offender an opportunity for release subject to his completion of an RRRI program plan and the discretion of the Parole Board.”
Commonwealth v. Hansley, 47 A.3d 1180 (Pa. 2012). “When a court imposes a sentence of imprisonment in a state correctional facility, the court must also determine if the defendant is eligible for an RRRI Act minimum sentence, see 61 Pa.C.S. § 4505(a). The prosecutor may waive the eligibility requirements, but the court may…”
Commonwealth v. Main, 6 A.3d 1026 (Pa. Super. Ct. 2010). “See 61 Pa.C.S. §§ 4505(a), (c)(2). The mandatory sentencing provisions at 18 Pa.”
Com. v. Durrett, T. (Pa. Super. Ct. 2017). “Durrett is an eligible offender under the Recidivism Risk Reduction Incentive [RRRI] Act, in violation of 61 Pa.C.S. § 4505(a). (2) Whether the trial court abused its discretion by revoking Mr.”
— 61 Pa. Cons. Stat. § 4505(b) — 4 cases
Com. v. Rush, J. (Pa. Super. Ct. 2017).
Com. v. Jones, A. (Pa. Super. Ct. 2017).
Com. v. Weir, C. (Pa. Super. Ct. 2021).
T.J. Kimball v. PBPP (Pa. Commw. Ct. 2024).
— 61 Pa. Cons. Stat. § 4505(c) — 18 cases
Commonwealth v. Gonzalez, 10 A.3d 1260 (Pa. Super. Ct. 2010). “See 61 Pa. C.S. § 4505(a) ("At the time of sentencing, the court shall make a determination whether the defendant is an eligible offender.”
Commonwealth v. Pardo, 35 A.3d 1222 (Pa. Super. Ct. 2011). “Pursuant to 61 Pa.C.S. § 4505(c), offenders eligible for the RRRI program are sentenced to the minimum and maximum sentences under 42 Pa.”
Com. v. Risoldi, C., 276 A.3d 279 (Pa. Super. Ct. 2022). “§ 9756(e) and 61 Pa.C.S. §§ 4505(c), 4506(a). -3- J-A07001-22 Commonwealth v.”
Commonwealth v. Main, 6 A.3d 1026 (Pa. Super. Ct. 2010). “See 61 Pa.C.S. §§ 4505(a), (c)(2). The mandatory sentencing provisions at 18 Pa.”
Commonwealth v. Hansley, 994 A.2d 1150 (Pa. Super. Ct. 2010). “The court reconciled the conditional minimum it imposed accordingly, see 61 Pa.C.S. § 4505(a), noting that the RRRIA merely affords the offender an opportunity for release subject to his completion of an RRRI program plan and the discretion of the Parole Board.”
— 61 Pa. Cons. Stat. § 4505(c)(1) — 3 cases
Commonwealth v. Main, 6 A.3d 1026 (Pa. Super. Ct. 2010). “See 61 Pa.C.S. §§ 4505(a), (c)(2). The mandatory sentencing provisions at 18 Pa.”
Commonwealth v. Hansley, 994 A.2d 1150 (Pa. Super. Ct. 2010). “The court reconciled the conditional minimum it imposed accordingly, see 61 Pa.C.S. § 4505(a), noting that the RRRIA merely affords the offender an opportunity for release subject to his completion of an RRRI program plan and the discretion of the Parole Board.”
Commonwealth, Aplt. v. Stotelmyer, D., 110 A.3d 146 (Pa. 2015). “, at 1189 (citation omitted); see also 61 Pa.C.S. § 4505(c)(1)-(2). Thus, an offender still receives a mandatory minimum sentence along with an RRRI Act minimum sentence, unlike the situation in the instant case.”
— 61 Pa. Cons. Stat. § 4505(c)(2) — 8 cases
Commonwealth v. Thompson, 136 A.3d 178 (Pa. Super. Ct. 2016). “See 61 Pa.C.S. § 4505(c)(2). 2 . The Clerk of Quarter Sessions serves as the clerk of courts for the Court of Common Pleas of Philadelphia County.”
Homa v. Pa. Bd. of Prob. & Parole, 192 A.3d 329 (Pa. Commw. Ct. 2018). “" 61 Pa. C.S. § 4505(c)(2). The quoted portions of both letters appear in the originals in all capitalized letters but have been changed to lower case for ease of reading.”
Com. v. Williams, C. (Pa. Super. Ct. 2015).
Com. v. Kloss, D. (Pa. Super. Ct. 2016).
Com. v. Schauer, J. (Pa. Super. Ct. 2017).
— 61 Pa. Cons. Stat. § 4505(c)(3) — 3 cases
Commonwealth v. Hansley, 47 A.3d 1180 (Pa. 2012). “When a court imposes a sentence of imprisonment in a state correctional facility, the court must also determine if the defendant is eligible for an RRRI Act minimum sentence, see 61 Pa.C.S. § 4505(a). The prosecutor may waive the eligibility requirements, but the court may…”
Com. v. Eck, E. (Pa. Super. Ct. 2020).
Com. v. Buxton, R. (Pa. Super. Ct. 2014).
— 61 Pa. Cons. Stat. § 4505(c)(l) — 1 case
Commonwealth, Aplt. v. Stotelmyer, D., 110 A.3d 146 (Pa. 2015). “, at 1189 (citation omitted); see also 61 Pa.C.S. § 4505(c)(1)-(2). Thus, an offender still receives a mandatory minimum sentence along with an RRRI Act minimum sentence, unlike the situation in the instant case.”
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