(a) Establishment.--The department shall establish and administer the State drug treatment program. The program shall be designed to address the individually assessed drug and alcohol abuse and addiction needs of a participant and shall address other issues essential to the participant's successful reintegration into the community, including, but not limited to, educational and employment issues.

(b) Duration and components.--Notwithstanding any credit to which the defendant may be entitled under 42 Pa.C.S. § 9760 (relating to credit for time served), the duration of the State drug treatment program is 24 months, but if the participant is unable to complete the program within 24 months and is otherwise compliant with the program, subject to the discretion of the department, the program duration may be extended up to 30 months total in order for the participant to successfully complete the program. The program shall include the following:

(1) A period in a State correctional institution of not less than seven months. This period shall include:

(i) The time during which the eligible person is being evaluated by the department under section 4104(b) (relating to selection for the State drug treatment program).

(ii) Following evaluation under subparagraph (i), not less than four months shall be in an institutional therapeutic community.

(2) A period of treatment in a community-based therapeutic community of at least two months.

(3) A period of at least six-months' treatment through an outpatient addiction treatment facility. During the outpatient addiction treatment period of the program, the participant may be housed in a community corrections center or group home or placed in an approved transitional residence. The participant must comply with any conditions established by the department regardless of where the participant resides during the outpatient addiction treatment portion of the program.

(4) A period of supervised reintegration into the community for the balance of the program, during which the participant shall continue to be supervised by the department and comply with any conditions imposed by the department.

(5) Upon certification by the department of the participant's successful completion of the program, the entire term of confinement that rendered the participant eligible to participate in the State drug treatment program shall be deemed to have been served.

(c) Program management.--

(1) Consistent with the minimum time requirements set forth in subsection (b), the department may transfer, at its discretion, a participant between a State correctional institution, an institutional therapeutic community, a community-based therapeutic community, an outpatient addiction treatment program and an approved transitional residence. The department may also transfer a participant back and forth between less restrictive and more restrictive settings based upon the participant's progress or regression in treatment or for medical, disciplinary or other administrative reasons.

(2) This subsection shall be construed to provide the department with the maximum flexibility to administer the State drug treatment program both as a whole and for individual participants.

(d) Right of refusal to admit.--The administrator of a community-based therapeutic community or outpatient addiction treatment facility may refuse to accept a participant whom the administrator deems to be inappropriate for admission and may immediately discharge to the custody of the department any participant who fails to comply with facility rules and treatment expectations or refuses to constructively engage in the treatment process.

(e) Notice to court of completion of program.--When the department determines that a participant has successfully completed the State drug treatment program, it shall notify the sentencing court, the attorney for the Commonwealth and the commission.

(f) Expulsion from program.--

(1) A participant may be expelled from the State drug treatment program at any time in accordance with guidelines established by the department, including failure to comply with administrative or disciplinary procedures or requirements set forth by the department. An expelled participant shall be housed in a State correctional institution to serve the remainder of the participant's sentence. The expelled participant shall be eligible for parole at the minimum sentence but may not be eligible for short sentence parole under section 6137.1 (relating to short sentence parole).

(1.1) A police officer commissioned under section 1 of the act of May 21, 1943 (P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes of institutions maintained in whole or in part by the Commonwealth; conferring upon them the powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police stations and lock-ups," shall have the authority to issue a warrant for the return of a participant who is not in compliance with the terms of the drug offender treatment program to the custody of the department.

(2) The department shall promptly notify the court, the participant, the attorney for the Commonwealth and the commission of the expulsion of a participant from the State drug treatment program and the reason for such expulsion.

(3) (Deleted by amendment).

(Dec. 18, 2019, P.L.776, No.115, eff. 60 days)

Cross References. Section 4105 is referred to in sections 4103, 4104 of this title.