Section 451.2. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Board—A county prison board, an intermediate punishment board, the Criminal Justice Coordinating Commission in counties of the first class, or another county entity which, with the approval of the county commissioners, performs the functions of an intermediate punishment board.

Collateral contact—Communication by telephone with the offender or communication in a manner with the offender’s drug and alcohol counselor, employer, teacher or another person having regular contact with the offender.

Community Services Program—Unpaid work performed for government, nonprofit and community-based organizations which provide services to meet human needs and have nondiscriminatory admission policies. Typical tasks include removing litter from highways and parks, beautification of public property or other public works projects, maintenance work in hospitals and nursing homes, and clerical work in public agencies.

Commission—The Commission on Crime and Delinquency.

County Intermediate Punishment Act—The act of December 19, 1990 (P. L. 799, No. 193) (61 P. S. § § 1101—1114) relating to the development, implementation and operation of intermediate punishment programs.

Court—The trial judge exercising sentencing jurisdiction over offenders eligible for intermediate punishment.

DUI—The offense of driving under the influence of alcohol or a controlled substance as defined in 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance).

Electronic Monitoring Program—A sentence in which the offender is required to wear or carry an electronic device which transmits the offender’s location to a receiver maintained by criminal justice personnel, usually a probation office. The sentence is generally combined initially with either house arrest or intensive supervision.

Eligible offender—

(i) A person convicted of an offense who does not demonstrate a present or past pattern of violent behavior and who would otherwise be sentenced to partial confinement under 42 Pa.C.S. § 9724 (relating to partial confinement) or total confinement under 42 Pa.C.S. § 9725 (relating to total confinement) in a county correctional facility.

(ii) The term does not include an offender convicted of:

(A) Murder.

(B) Voluntary manslaughter.

(C) Rape.

(D) Statutory rape.

(E) Aggravated assault.

(F) Robbery.

(G) Burglary of the first degree, as provided in 18 Pa.C.S. § 3502 (relating to burglary).

(H) Involuntary deviate sexual intercourse.

(I) Arson.

(J) Extortion accompanied by threats of violence.

(K) Assault by prisoner.

(L) Assault by life prisoner.

(M) Kidnapping.

(N) Aggravated indecent assault.

(O) Escape.

(P) Drug trafficking, as provided in 18 Pa.C.S. § 6314 (relating to sentencing and penalties for trafficking drugs to minors) or 18 Pa.C.S. § 7508 (relating to drug trafficking sentencing and penalties).

House Arrest Program—A sentence which orders offenders confined to their own residences except for preapproved excursions for medical treatment, employment, performance of community service, and drug or alcohol, or both, treatment or counseling. House arrest may be combined, with electronic monitoring to detect violations.

Individualized Services Program—A program which provides for the evaluation of offenders and the development of a specialized treatment regimen based on the evaluation. The regimen may include psychiatric, psychological and medical services, education, vocational training, drug and alcohol screening and counseling, individual and family counseling and transportation subsidies.

Intensive Supervision Program—A sentence with increased supervision, surveillance and control; reduced caseloads for probation officers; increased number of contacts per month; and mandated activities for the offender, including work or vocational training, community service and drug and alcohol treatment.

Intermediate Punishment Sentencing Act—The act of December 19, 1990 (P. L. 1196, No. 201), which amended 18 Pa.C.S. § § 2154.1 and 3502 and 42 Pa.C.S. § § 9721, 9729, 9763 and 9773.

Plan—A County Intermediate Punishment Plan which describes proposed intermediate punishment programs and their interrelationships.

Prison Facilities Improvement Act—The act of July 1, 1990 (P. L. 315, No. 71) (61 P. S. § § 390.101—390.1303) relating to the financing and construction of State and county correctional facilities improvements.

Program—A plan component which provides for a residential or nonresidential penal resource available in a community for the sentencing of eligible offenders who would otherwise be sentenced to partial or total confinement.

Residential rehabilitative center—A community-based facility to which offenders can be sentenced directly where a range of rehabilitative services is available, including drug and alcohol treatment and counseling.

The provisions of this § 451.2 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 pages (160830) to (160832).