If the DOC determines that the offender is suitable and the prosecutor does not object, the judge may sentence an offender to 24 months of State IP.
The court is not prohibited from sentencing an offender to a consecutive period of probation. The total sentence may not exceed the maximum term for which the offender could otherwise be sentenced.
The DOC shall make videoconferencing facilities available to allow the court to conduct proceedings when the offender has been committed to the custody of the DOC.
The Duration of a State Intermediate Punishment Sentence
The duration of a State IP sentence is 24 months and is comprised of the following:
- A minimum of seven months in a state correctional institution of which not less than four months must be spent in an institutional therapeutic community (the time during which the offender is being evaluated by the department is included in this period);
- A minimum of two months in a community-based therapeutic community;
- A minimum of six months in treatment through an outpatient treatment facility (an offender may spend part of the six-month aftercare phase in a community corrections center, a group home or an approved transitional residence such as their home; the DOC would continue to supervise the offender during this time period);
- Finally, a period of supervised reintegration into the community for the balance of the sentence.
The court may not modify or alter the terms of the DOC’s proposed individualized treatment plan without the agreement of the DOC and the prosecutor.
The DOC has the discretion to transfer offenders between the different stages of the program as necessary and the DOC and program administrators have the right to refuse a participant if the offender is deemed to be inappropriate for a particular program.
Revocation of State Intermediate Punishment Sentence
Individuals who fail during the program or do not complete it during the specified sentence would be subject to revocation.
The DOC must notify the court, the defendant, and the attorney for the Commonwealth.
The offender is housed in a SCI or county jail pending action by the court.
Upon revocation, all sentencing alternatives available to the court are the same as the alternatives at the time of initial sentencing.
Upon revocation, the District Attorney may file notice, at any time prior to resentencing, of the Commonwealth’s intention to proceed under an applicable provision of the law requiring a mandatory minimum sentence.
Effective Date
Act 2004-112 is effective for sentences imposed on or after May 18, 2005.