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1991-5 Intermediate Punishment Act, Act 193
IN RE: ADMINISTRATIVE ORDER 1991-5 -- INTERMEDIATE PUNISHMENT ACT, ACT 193
ORDER OF COURT
AND NOW, this 8th day of July, 1991, the Court hereby adopts the following:
1. An eligible offender, as defined in the County Intermediate Punishment Act, who seeks to be sentenced to an intermediate punishment program providing residential inpatient drug and alcohol treatment, shall proceed in the following manner.
2. (a) Said offender shall submit to the sentencing Judge a petition in writing requesting sentencing to an intermediate punishment program. A copy of the petition shall be served on the District Attorney when it is submitted to the Judge.
(b) The petition shall include a report from a physician or qualified drug and alcohol rehabilitation counselor establishing that petitioner demonstrates special needs to receive residential inpatient drug and alcohol treatment to enhance his ability to become a contributing member of the community.
(c) The petition shall include the name of the facility to which it is proposed that petitioner shall be sentenced, a thorough description of the program of treatment, the anticipated duration of the program of treatment, and the date on which the facility will admit the petitioner.
3. The petition shall be presented to the sentencing Judge:
(a) if the matter is a guilty plea, at the time of the guilty plea;
(b) if the matter goes to trial, and post verdict motions are filed, within twenty (20) days after dismissal of the post verdict motions; or
(c) if the matter goes to trial and no post verdict motions are filed, within twenty (20) days after the verdict.
4. The sentencing Judge may refer the petition to the Northampton County Probation Office or other ap- propriate agency for investigation.
5. The District Attorney may request a hearing on the petition which shall be held at the time of sentencing unless otherwise ordered.
6. If the sentencing Judge grants the petition, the Northampton County Probation Office shall monitor the defendant's participation in the treatment program. The Northampton County Probation Office shall present a proposed order to the sentencing Judge giving credit for time spent in the treatment program if defendant has successfully completed the program.
7. If the minimum sentence imposed is longer than the duration of the program of treatment, the petitioner shall first serve the excess period in prison; when the excess period of incarceration is completed, the prisoner shall be furloughed, if otherwise eligible, to serve the balance of the minimum in the program of treatment.
BY THE COURT,
Robert A. Freedberg, P.J.
Created at 1/26/2016 2:53 PM by Vitek Gajewski
Last modified at 5/31/2018 9:35 AM by Vitek Gajewski
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