{"data":{"id":"us-pa/42-pa.c.s.-9802","jurisdiction":"us-pa","citation":"42 Pa.C.S. § 9802","heading":"Definitions.","body":"The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:\n\"Board.\" A county prison board, in counties of the first and second class, the Criminal Justice Coordinating Commission or its successor agency.\n\"Commission.\" The Pennsylvania Commission on Crime and Delinquency.\n\"County intermediate punishment plan.\" A document which describes a proposed intermediate punishment program.\n\"County intermediate punishment program.\" A residential or nonresidential program provided in a community for eligible offenders.\n\"Court.\" The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter. Trial judge may include a magisterial district judge if use of intermediate punishment programs by the minor judiciary is approved by the court of common pleas via administrative order or local rule.\n\"Eligible offender.\" Subject to section 9721(a.1) (relating to sentencing generally), a person convicted of an offense who would otherwise be sentenced to a county correctional facility, who does not demonstrate a present or past pattern of violent behavior and who would otherwise be sentenced to partial confinement pursuant to section 9724 (relating to partial confinement) or total confinement pursuant to section 9725 (relating to total confinement). The term does not include an offender who has been convicted or adjudicated delinquent of a crime requiring registration under Subchapter H of Chapter 97 (relating to registration of sexual offenders) or an offender with a current conviction or a prior conviction within the past ten years for any of the following offenses:\n18 Pa.C.S. § 2502 (relating to murder).\n18 Pa.C.S. § 2503 (relating to voluntary manslaughter).\n18 Pa.C.S. § 2702 (relating to aggravated assault).\n18 Pa.C.S. § 2703 (relating to assault by prisoner).\n18 Pa.C.S. § 2704 (relating to assault by life prisoner).\n18 Pa.C.S. § 2901(a) (relating to kidnapping).\n18 Pa.C.S. § 3122.1(a)(1) (relating to statutory sexual assault).\n18 Pa.C.S. § 3301 (relating to arson and related offenses).\n18 Pa.C.S. § 3502 (relating to burglary) when graded as a felony of the first degree.\n18 Pa.C.S. § 3701 (relating to robbery).\n18 Pa.C.S. § 3923 (relating to theft by extortion).\n18 Pa.C.S. § 4302(a) (relating to incest).\n18 Pa.C.S. § 5121 (relating to escape).\n\"Nonprofit agency.\" A not-for-profit human service organization which provides treatment, guidance, counseling, training or rehabilitation services to individuals, families or groups.","path":["Title 42 - JUDICIARY AND JUDICIAL PROCEDURE","PART VIII CRIMINAL PROCEEDINGS","CHAPTER 98 COUNTY INTERMEDIATE PUNISHMENT"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=42\u0026div=0\u0026chpt=98\u0026sctn=2\u0026subsctn=0","current_through":"2026-08-03 (Statute Update stamp, 42 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:33:14Z","sha256":"ce53828b3c3b650ca458e006feaf8a2c3c52267b4a9e14ec85327e3a2566a21e","source_id":"us-pa","stale":false,"prev":"us-pa/42-pa.c.s.-9801","next":"us-pa/42-pa.c.s.-9803"},"notice":"GroundRules: Original legal text. Not legal advice."}