Pennsylvania Statutes
75 PA. Cons. Stat.: Vehicles
Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs
§ 3815. Mandatory sentencing.
(a) County supervision.--Notwithstanding the length of any
maximum term of imprisonment imposed pursuant to sections 3803
(relating to grading) and 3804 (relating to penalties), and
notwithstanding the provisions of section 17 of the act of
August 6, 1941 (P.L.861, No.323), referred to as the
Pennsylvania Board of Probation and Parole Law, the sentencing
judge may grant parole under the supervision of the county
parole system to any offender serving a sentence for a violation
of section 3802 (relating to driving under influence of alcohol
or controlled substance) and, if applicable, serving any
concurrent sentence of imprisonment for any misdemeanor offense
arising from the same criminal episode as the violation of
section 3802. The power of the sentencing judge to grant parole
shall apply only to those offenders whose sentences are being
served in a county prison pursuant to 42 Pa.C.S. § 9762
(relating to sentencing proceeding; place of confinement) or
section 3804(d). The sentencing judge shall declare his
intention to retain parole authority and supervision at the time
of sentencing in cases in which he would not otherwise have
parole authority and supervision.
(b) Parole.--
(1) An offender who is determined pursuant to section
3814 (relating to drug and alcohol assessments) to be in need
of drug and alcohol treatment shall be eligible for parole in
accordance with the terms and conditions prescribed in this
section following the expiration of the offender's mandatory
minimum term of imprisonment.
(2) The following shall be conditions of parole:
(i) If the offender is not determined under the
procedures set forth in section 3814 to be addicted to
alcohol or another substance, the offender must refrain
from:
(A) the use of illegal controlled substances;
and
(B) the abuse of prescription drugs, over-the-
counter drugs or any other substances.
(ii) If the offender is determined under the
procedures set forth in section 3814 to be addicted to
alcohol or another substance, the offender must do all of
the following:
(A) Refrain from:
(I) the use of alcohol or illegal controlled
substances; and
(II) the abuse of prescription drugs, over-
the-counter drugs or any other substances.
(B) Participate in and cooperate with drug and
alcohol addiction treatment under subsection (c).
(c) Treatment.--
(1) Treatment must conform to assessment recommendations
made under section 3814.
(2) Treatment must be conducted by a drug and alcohol
addiction treatment program licensed by the Department of
Health.
(3) The treatment program shall report periodically to
the assigned parole officer on the offender's progress in the
treatment program. The treatment program shall promptly
notify the parole officer if the offender:
(i) fails to comply with program rules and treatment
expectations;
(ii) refuses to constructively engage in the
treatment process; or
(iii) without authorization terminates participation
in the treatment program.
(4) Upon notification under paragraph (3), the parole
officer shall report the offender's actions to the parole
authority and to the department for compliance with section
1553(e) (relating to occupational limited license). The
parole authority shall schedule a revocation hearing to
consider recommendations of the parole officer and the
treatment program.
(5) Nothing in this subsection shall prevent a treatment
program from refusing to accept an offender if the program
administrator deems the offender to be inappropriate for
admission to the program. A treatment program shall retain
the right to immediately discharge into the custody of the
assigned parole officer an offender who fails to comply with
program rules and treatment expectations or refuses to
constructively engage in the treatment process.
(d) Enforcement.--
(1) This subsection applies to an offender ordered to
participate in a treatment program under subsection
(b)(2)(ii) who:
(i) fails to comply with program rules and treatment
expectations;
(ii) refuses to constructively engage in the
treatment process; or
(iii) terminates participation in the treatment
program without authorization.
(2) Notwithstanding any other provision of law, all of
the following apply to an offender under paragraph (1):
(i) The offender's parole, prerelease, work release
or any other release status shall be revoked.
(ii) The offender shall be ineligible for parole,
prerelease, work release or any other release from the
correctional facility prior to the expiration of the
offender's maximum term unless the offender is permitted
to be readmitted to a treatment program.
(3) Nothing in this subsection shall be construed to
grant a legal right to parole to an offender previously
ineligible for parole, on the grounds that the offender is
currently prepared to participate in, comply with and
constructively engage in the treatment process. Under such
circumstances, parole or reparole of the offender shall be at
the parole authority's discretion.
(e) Follow-up.--After an offender has completed the
treatment program under subsection (c), the parole officer shall
take reasonable steps to ensure that the offender does not abuse
alcohol, use illegal controlled substances or abuse prescription
drugs, over-the-counter drugs or any other such substances.
These reasonable steps include requiring chemical testing and
periodic reassessment of the offender by the treatment program.
(f) Fees.--
(1) Except as set forth in paragraph (2), the parole
authority shall impose upon an offender subject to this
section reasonable fees to cover the cost of any of the
following:
(i) Chemical testing of the offender required under
this section.
(ii) An assessment of the offender required under
this section.
(iii) Drug or alcohol treatment provided in
accordance with the assessment.
(2) If the parole authority finds the offender to be
unable to pay the full amount of the fees required by
paragraph (1) and section 1541(d) (relating to period of
disqualification, revocation or suspension of operating
privilege), it shall require the offender to pay as much of
the fee as is consistent with the offender's ability to pay
and shall direct the assigned parole officer to establish a
reasonable payment schedule for the offender to pay as much
of the remaining fees as is consistent with the offender's
ability to pay.
(g) Insurance.--
(1) This subsection shall only apply to a health
insurance, health maintenance organization or other health
plan required to provide benefits under section 602-A of the
act of May 17, 1921 (P.L.682, No.284), known as The Insurance
Company Law of 1921.
(2) If an individual who is insured by a health
insurance, a health maintenance organization or other health
plan, that is doing business in this Commonwealth, the
individual may not be deprived of alcohol and other drug
abuse and addiction treatment or coverage within the scope of
that plan due to the identification of an alcohol or other
drug problem which occurs as a result of an assessment under
this section.
(h) Additional funding.--In order to support and augment the
diagnostic assessment and treatment services provided under this
section, the Department of Health, the department and the
Pennsylvania Commission on Crime and Delinquency shall seek all
available Federal funding, including funds available through the
United States National Highway Traffic Safety Administration and
the Department of Health and Human Services.
(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)
2004 Amendment. Act 177 amended subsec. (a). Section 6(2) of
Act 177 provided that the amendment shall apply to sentences
imposed on or after the effective date of section 6.
Special Provisions in Appendix. See section 18 of Act 24 of
2003 in the appendix to this title for special provisions
relating to applicability of sections 3814 and 3815.
Cross References. Section 3815 is referred to in sections
1553, 3804, 3816, 3817 of this title; sections 9763, 9804 of
Title 42 (Judiciary and Judicial Procedure).
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