THE FOLLOWING STUDY ARTICLE IS INTENDED FOR BASIC AWARENESS AND NOT FOR LEGAL ADVICE. IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.
In Pennsylvania, A County Intermediate Punishment That Includes Partial Confinement In A Halfway Facility Could Potentially Be A Confinement Alternative For A Non-Addicted Drug Offender In A Mandatory Minimum Term Of Imprisonment Case Under 18 Pa CS § 7508.
18 Pa CS § 7508 states as follows:
“18 Pa CS § 7508. Drug trafficking sentencing and penalties.
(a) General rule.–Notwithstanding any other provisions of this or any other act to the contrary, the following provisions shall apply:
(1) A person who is convicted of violating section… (30) … of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, where the controlled substance is marijuana shall, upon conviction, be sentenced to a mandatory minimum term of imprisonment and a fine as set forth in this subsection:
(i) when the amount of marijuana involved is at least two pounds, but less than ten pounds, ….. one year in prison and a fine of $5,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity; ….. ( emphasis added)
(c) Mandatory sentencing.–There shall be no authority in any court to impose on an offender to which this section is applicable a lesser sentence than provided for herein or to place the offender on probation, parole or work release or to suspend sentence. ……. ”
However, although a court has no authority to impose on an offender a lesser term of sentence per 18 Pa CS § 7508(c) , or to place the offender on probation, parole or work release , the courts apparently have not been specifically prohibited from placing an offender in a halfway facility under the language of 18 Pa CS § 7508(c) . Accordingly, a court apparently still maintains the discretion under 42 Pa.C.S § 9721 to impose the county intermediate punishment of partial confinement in a halfway facility for a non- addicted drug and alcohol offender as specifically authorized by 42 Pa.C.S. § 9763 (c) (3) (ii).
See 42 Pa.C.S § 9721. Sentencing generally.
(a) General rule.–In determining the sentence to be imposed the court shall, except as provided in subsection (a.1), consider and select one or more of the following alternatives, and may impose them consecutively or concurrently:
(6) County intermediate punishment.
(a.1) Exception.–
(1) Unless specifically authorized under section 9763 (relating to a sentence of county intermediate punishment) ….. subsection (a) shall not apply where a mandatory minimum sentence is otherwise provided by law.
See also 42 Pa.C.S. § 9763 Sentence of county intermediate punishment
(c) Restriction.–
(3) If the defendant is determined not to be in need of
drug and alcohol treatment, the defendant may only be
sentenced to county intermediate punishment in:
……
(ii) partial confinement programs such as……halfway facilities
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