Section 705. Imposition of Sentence

(A) When imposing a sentence to imprisonment, the judge shall state the date the sentence is to commence.

(B) When more than one sentence is imposed at the same time on a defendant, or when a sentence is imposed on a defendant who is sentenced for another offense, the judge shall state whether the sentences shall run concurrently or consecutively. If the sentence is to run concurrently, the sentence shall commence from the date of imposition unless otherwise ordered by the judge.

Comment

This rule was amended in 1996 to eliminate language that created a presumption that certain sentences run concurrently unless the judge states otherwise, and by deleting former paragraph (b) as unnecessary. The rule now requires the judge to state whether sentences run concurrently or consecutively.

The 2005 amendments adding new paragraph (A) and adding language to paragraph (B) clarify the procedures for determining the date of commencement of sentences of imprisonment.

The computation of sentences and credit for time served also are addressed in the Sentencing Code. See 42 Pa.C.S. § § 9760 and 9761.

Official Note

Rule 1406 adopted July 23, 1973, effective 90 days hence; amended March 21, 1975, effective March 31, 1975; amended November 7, 1996, effective January 1, 1997; renumbered Rule 705 and Comment revised March 1, 2000, effective April 1, 2001; amended May 18, 2005, effective August 1, 2005.

Committee Explanatory Reports:

Final Report explaining the November 7, 1996 amendments published with the Court’s Order at 26 Pa.B. 5694 (November 23, 1996).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

Final Report explaining the amendments concerning date of commencement of sentence published with the Court’s Order at 35 Pa.B. 3218 (June 4, 2005).

The provisions of this Rule 705 amended May 18, 2005, effective August 1, 2005, 35 Pa.B. 3217. Immediately preceding text appears at serial page (311416).