PROGRAM ELEMENTS AND SENTENCINGRESTRICTIONS

1. (a) A program may be either residential or nonresidential and either custodial or noncustodial, or a combination thereof, and may include the following:

   1. (1) House arrest.
   2. (2) Electronic monitoring.
   3. (3) House arrest combined with electronic monitoring.
   4. (4) Probation with daily reporting.
   5. (5) Intensive supervision.
   6. (6) Full-time participation in a community public works project.
   7. (7) Full- or part-time participation in a public or private community service project.
   8. (8) Housing in a community residential treatment or residential rehabilitative center.
2. (b) These intermediate punishments may be combined with treatment in a detoxification center and may include additional restrictions as authorized in 42 Pa.C.S. § 9763(b) (relating to conditions of intermediate punishment).

3. (c) In addition to the elements set forth in subsections (a) and (b), a Program may be comprised of:

   1. (1) An inpatient drug and alcohol program based on objective assessment that an offender is dependent on alcohol or drugs.
   2. (2) Residential rehabilitative center services.
   3. (3) Individualized treatment services.
4. (d) In addition to Programs set forth in subsections (a)—(c), partial confinement sentences, such as work release, work camps and halfway facilities, may be developed as intermediate punishments.

Source

The provisions of this § 451.51 adopted September 27, 1991, effective September 28, 1991, 21 Pa.B. 4406; amended December 25, 1992, effective December 26, 1992, 22 Pa.B. 6112. Immediately preceding text appears at serial page (160835).

Notes of Decisions

Constructive Custody

Where a parolee participates in a residential rehabilitation program in a locked facility with restriction of movement, and where participation in the program is a condition of parole, the time spent in the program might be considered akin to imprisonment. Meehan v. Board of Probation and Parole, 783 A.2d 362 (Pa. Cmwlth. 2001).

Cross References

This section cited in 37 Pa. Code § 451.34 (relating to Prison Facilities Improvement Act funding qualification and Intermediate Punishment Sentencing Act authority or Intermediate Punishment Sentencing Act authority only).