37 Pa. Code § 97.106 – Participant selection criteria.

(a) An eligible offender, as that term is defined in the act, may be selected to be a participant in a DOTP. The Participant Selection Committee will consider all information relevant to determining which defendants are most likely to benefit from a DOTP by becoming productive, law-abiding members of society by addressing their abuse of or addiction to alcohol or other drugs. Selection criteria will include, but not necessarily be limited to, the following:
1. (1) Information furnished to the Department by the sentencing court.
2. (2) The results of the assessment of addiction and other treatment needs conducted by the Department.
3. (3) The length of the sentence that would be typically imposed under the standard range of the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing.
4. (4) The eligible offender’s motivation to participate meaningfully in a DOTP.
5. (5) Whether the eligible offender has provided to the Department written consent permitting the release of information pertaining to the eligible offender’s participation in a DOTP.
6. (6) The eligible offender’s criminal history.
7. (7) The eligible offender’s escape or parole absconder history.
8. (8) The eligible offender’s institutional adjustment during current and prior incarcerations.
9. (9) The availability of the Department’s programming resources.
(b) An eligible offender does not have a right to placement in a DOTP. A DOTP is intended to assist defendants to become productive, law-abiding members of society and is not intended to be a means for a defendant simply to serve a shorter sentence. The goal of the Participant Selection Committee will be to select those defendants it believes will most likely benefit from a DOTP by becoming productive, law-abiding members of society while allowing the Department to use its available programming resources efficiently and effectively. The number of participants selected for a DOTP will be the number that the Participant Selection Committee believes will neither under use nor overtax the available programming resources.