Section 4104 - Selection for the state drug treatment program(a)Duties of commission and sentencing judge.--
(1) Through the use of sentencing guidelines, the commission shall employ the term "eligible person" as defined in this chapter to further identify persons who would be potentially appropriate for participation in the State drug treatment program. The sentencing judge shall employ the sentencing guidelines to identify persons who are eligible for participation in the State drug treatment program. The judge shall consider the position of a victim of the crime, as advised by the prosecuting attorney, on whether to exclude the person from eligibility for placement in the State drug treatment program. The judge shall exclude the person from eligibility if the prosecuting attorney opposes eligibility. The judge shall note on the sentencing order if a person has been excluded from eligibility for the State drug treatment program. If the person is not excluded from eligibility, the minimum sentence imposed shall operate as the minimum for parole eligibility purposes if the person is not placed in the program by the department under subsection (c) or if the person is expelled from the program under section 4105(f) (relating to State drug treatment program).(2)(i) The prosecuting attorney shall advise the court if the prosecuting attorney or a victim of the crime opposes eligibility and, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.(ii) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements. (b) Assessment ofaddiction.--The department shall conduct an assessment of the addiction and other treatment needs of an eligible person and determine whether the person would benefit from the State drug treatment program, public safety would be enhanced by the person's participation in the state drug treatment program, and placement of the person in the state drug treatment program would not depreciate the seriousness of the offense. The assessment shall be conducted using a nationally recognized assessment instrument or an instrument that has been normed and validated on the department's inmate population by a recognized expert in such matters. The assessment instrument shall be administered by persons skilled in the treatment of drug and alcohol addiction and trained to conduct assessments. The assessments shall be reviewed and approved by a supervisor with at least three years of experience providing drug and alcohol counseling services.
(c)Placement in the State drug treatment program.--If the department in its discretion believes an eligible person would benefit from the State drug treatment program and placement in the program is appropriate, the department shall make the placement and notify the court, the eligible person, the commission and the attorney for the Commonwealth of the placement. (d)[Deleted by 2019 Amendment.](e)[Deleted by 2019 Amendment.](f)Consecutive probation.--Nothing in this chapter shall prohibit the court from sentencing an eligible person to a consecutive period of probation. The total duration of the sentence may not exceed the maximum term for which the eligible person could otherwise be sentenced. (g)[Deleted by 2019 Amendment.](h)[Deleted by 2019 Amendment.](i)[Deleted by 2019 Amendment.](j)[Deleted by 2019 Amendment.]Amended by P.L. TBD 2019 No. 115, § 12, eff. 2/17/2020.Amended by P.L. 1050 2012 No. 122, § 11, eff. 9/3/2012.2009, Aug. 11, P.L. 147, No. 33, § 7, effective in 60 days [Oct. 13, 2009].