9756 - Sentence of total confinement. - Pennsylvania Statutes

§ 9756. Sentence of total confinement. (a) General rule.--In imposing a sentence of total confinement the court shall at the time of sentencing specify any maximum period up to the limit authorized by law and whether the sentence shall commence in a correctional or other appropriate institution. (b) Minimum sentence.-- (1) The court shall impose a minimum sentence of confinement which shall not exceed one-half of the maximum sentence imposed. (2) The minimum sentence imposed under this section may not be reduced through parole prior to the expiration of the minimum sentence unless otherwise authorized by this section or other law. (3) Except where the maximum sentence imposed is two years or more, and except where a mandatory minimum sentence of imprisonment or total confinement is required by law, the court shall, at the time of sentencing, state whether or not the defendant is eligible to participate in a reentry plan at any time prior to the expiration of the minimum sentence or at the expiration of a specified portion of the minimum sentence. For maximum sentences of less than two years as defined under section 9762(f) (relating to sentencing proceeding; place of confinement), a court may parole a defendant prior to the expiration of the minimum sentence only if the defendant was made eligible to participate in a reentry plan at the time of sentencing. The court shall provide at least ten days' written notice and an opportunity to be heard, pursuant to section 9776 (relating to judicial power to release inmates), to the prosecuting attorney before granting parole pursuant to this subsection. The reentry plan eligibility shall be considered a part of the sentence and subject to the requirements relating to the entry, recording and reporting of sentences. (b.1) Recidivism risk reduction incentive minimum sentence.--The court shall determine if the defendant is eligible for a recidivism risk reduction incentive minimum sentence under 61 Pa.C.S. Ch. 45 (relating to recidivism risk reduction incentive). If the defendant is eligible, the court shall impose a recidivism risk reduction incentive minimum sentence in addition to a minimum sentence and maximum sentence except, if the defendant was previously sentenced to two or more recidivism risk reduction incentive minimum sentences, the court shall have the discretion to impose a sentence with no recidivism risk reduction incentive minimum. (c) Prohibition of parole for summary offenses.--The court may impose a sentence to imprisonment without the right to parole under this subsection only when: (1) a summary offense is charged; (2) sentence is imposed for nonpayment of fines or costs, or both, in which case the sentence shall specify the number of days to be served; and (3) the maximum term or terms of imprisonment imposed on one or more indictments to run consecutively or concurrently total less than 30 days. (c.1) Sentence of total confinement combined with sentence of county intermediate punishment.--The court may impose a sentence of imprisonment without parole under this subsection only when: (1) the period of total confinement is followed immediately by a sentence imposed pursuant to section 9763 (relating to sentence of county intermediate punishment) in which case the sentence of total confinement shall specify the number of days of total confinement also to be served; and (2) the maximum sentence of total confinement imposed on one or more indictments to run consecutively or concurrently total 90 days or less. (d) Prisoner release plans.--This section shall not be interpreted as limiting the authority of the Bureau of Correction as set forth in the act of July 16, 1968 (P.L.351, No.173), as amended, relating to prisoner pre-release centers and release plans, or the authority of the court as set forth in the act of August 13, 1963 (P.L.774, No.390), as amended, relating to prisoner release for occupational and other purposes. (e) Definitions.--As used in this section, the term "reentry plan" is a release plan that may include drug and alcohol treatment, behavioral health treatment, job training, skills training, education, life skills or any other condition deemed relevant by the court. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) 2009 Amendment. Act 33 amended subsecs. (b), (b.1) and (e). 2004 Amendment. Act 112 amended subsec. (c.1) 2000 Amendment. Act 41 amended subsec. (c) and added subsec. (c.1). 1982 Amendment. Act 326 amended subsec. (d). References in Text. The Bureau of Correction, referred to in subsec. (d), is now the Department of Corrections. The act of August 13, 1963 (P.L.774, No.390), referred to in subsec. (d), was repealed by the act of August 11, 2009 (P.L.147, No.33). The subject matter is now contained in Part II of Title 61 (Prisons and Parole). The act of July 16, 1968 (P.L.351, No.173), referred to as the Prisoner Pre-release Plan Law, referred to in subsec. (d), was repealed by the act of August 11, 2009 (P.L.147, No.33). The subject matter is now contained in Chapter 37 of Title 61 (Prisons and Parole). Cross References. Section 9756 is referred to in sections 2154, 9763 of this title.