VERSION 4 Modification 4.25 August 21, 2000 Page 1 of 2 INSERT THESE PAGES BETWEEN THE FOLLOWING PAGES: G22 AND G23, CRIMINAL MANUAL, EVENT RESULTS CHAPTER G18 AND G19, TRAFFIC MANUAL, EVENT RESULTS CHAPTER GG20 AND GG21, NON-TRAFFIC MANUAL, EVENT RESULTS CHAPTER INTERMEDIATE PUNISHMENT PROGRAM House Bill 28, PN 3716, Act 41 of 2000, effective August 21, 2000, establishes the County Intermediate Punishment Act. This Act provides for imposition of intermediate punishment programs for certain classes of offenders who would otherwise be sentenced to partial confinement or total confinement in a county correctional facility. Prior to imposition of intermediate punishment programs, it must be demonstrated that the offender does not have a pattern of present or past violent behavior. This Act permits District Justices to impose a sentence of intermediate punishment if the Court of Common Pleas has adopted a local rule or administrative order authorizing them to do so. The Act prohibits imposition of such programs for certain classes of offenders (i.e., those convicted of murder, voluntary manslaughter, etc.). The type of intermediate punishment programs that may be imposed for certain offenses is limited by the Act. Specifically, those receiving a penalty pursuant to 75 Pa.C.S.A. § 1543(B), relating to driving while operating privilege is suspended or revoked, or a penalty pursuant to 75 Pa.C.S.A. § 3731(E), relating to driving under influence of alcohol or a controlled substance, may only be sentenced to an intermediate punishment program in (1) A residential inpatient program or a residential rehabilitative center, (2) house arrest and electronic surveillance combined with drug and alcohol treatment, or (3) partial confinement VERSION 4 Modification 4.25 August 21, 2000 Page 2 of 2 programs such as work release, work camps and halfway facilities combined with drug and alcohol treatment. The Alternate Sentence option has been modified so that these sentences can be recorded in the DistrictJustice System (DJS). Both the option and the Screen are now titled Alternate Sentence/Intermediate Punishment. The option is used to record information about an alternate sentence or about an intermediate punishment program. When the District Justice has sentenced a defendant to intermediate punishment, record the start date, the end date, and the description using this option. For information on using this option, refer to Chapter G - Event Results of the Criminal/Miscellaneous District Justice Office Clerical Procedures Manual or Chapter GG - Event Results of the Traffic/Nontraffic District Justice Office Clerical Procedures Manual. The Order Imposing Sentence (AOPC A581) has also been modified. The heading, Alternate Sentence, is now Alternate Sentence/Intermediate Punishment. The recorded description and dates will print in this section on the form. Finally, pursuant to 18 Pa.C.S.A. § 11.1102(c), the court shall impose a monthly supervision fee of at least $25.00 for offenders placed on intermediate punishment, unless the court finds that the fee should be waived, reduced, or deferred based on the offender's ability to pay. To add costs of supervising this intermediate punishment on the DJS, use the Cost Code CA10, a variable cost code.