75 Pa.C.S. § 1548 Requirements For Driving Under Influence Offenders

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 23-35
• Year: 2023
• Citation: 75 Pa.C.S. § 1548

(a), (b) Deleted by 2003, Sept. 30, P.L. 120, No. 24, § 11, effective Feb. 1, 2004.

(c) Results of evaluation.--

(1) This subsection shall apply as follows:

(i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) (relating to penalties) after January 31, 2004, and before July 1, 2006.

(ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before July 1, 2009.

(2) Based on the results of evaluation and any additional information and evidence, the court may in addition to any other requirements of the court or this title determine and require, as part of sentencing or condition of parole, probation or Accelerated Rehabilitative Disposition or other preliminary disposition, that the person successfully complete a prescribed program of individual or group intervention or supervised inpatient or outpatient treatment or any combination of these programs or treatments for a period of up to the statutorily available maximum. Any program of individual or group intervention or supervised inpatient or outpatient treatment shall be of a type approved by the Department of Health or operated by a facility or hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs. Based on periodic reviews of the person's progress, the court may alter, modify or shorten or extend the duration of the requirements.

(3) This subsection shall expire July 1, 2009.

(d) Order for alcohol or drug commitment.--

(1) This subsection shall apply as follows:

(i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)( 1) after January 31, 2004, and before July 1, 2006.

(ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before July 1, 2009.

(2) If after evaluation and further examination and hearing it is determined that a defendant is an alleged chronic abuser of alcohol or controlled substances or that the person is a severely debilitated controlled substance or alcohol abuser who represents a demonstrated and serious threat, the court may order the person committed for treatment at a facility or institution approved by the Department of Health or operated by a facility or hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs. If the defendant has been convicted of a previous violation of section 3731, the court shall order the person committed to a drug and alcohol treatment program licensed by the Office of Drug and Alcohol Programs of the Department of Health or operated by a facility or hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs: