DUI/Restrictive Probation (RP) Programs
Those individuals requesting a DUI/RP sentence must receive a drug and alcohol evaluation prior to sentencing at the Cumberland-Perry Drug & Alcohol Commission. There is no fee for the evaluation. In order to be eligible for a restrictive probation sentence, the defendant must comply with the recommendation of the Case Manager. To schedule an appointment, contact the Case Management Unit.
Typical DUI offenders facing a mandatory minimum sentence of incarceration of 30 days, 90 days, or 1 year will serve one-third of their mandatory minimum sentence in the Work Release Program of the Cumberland County Prison. The remaining portion of their mandatory minimum sentence will be served under House Arrest/Electronic Monitoring (EM). During the house arrest/EM portion of their sentence, offenders will be placed on intensive supervision and drug tested frequently. Offenders are expected to maintain employment, attend any recommended counseling, make regular payments toward fines, costs and restitution, and remain on good behavior. Upon successfully completing the house arrest/EM portion of the sentence, the offender is transferred to a general line probation/parole officer for a period of one year. If the offender successfully completes one year of general supervision, they are placed on administrative supervision for the balance of the sentence.
Eligibility for the DUI/RP Program includes persons convicted of an offense who do not demonstrate a present or past pattern of violent behavior and would otherwise be sentenced to partial or total confinement in a county correctional facility. The term does not include offenders with a current or prior conviction within the past ten years for any of the following offenses:
- Voluntary Manslaughter
- Aggravated Assault
- Assault by Prisoner
- Assault by Life Prisoner
- Statutory Sexual Assault
- Involuntary Deviant Sexual Intercourse
- Sexual Assault
- Aggravated Indecent Assault
- Indecent Assault
- Arson and Related Offenses
- F1 Burglary
- Theft by Extortion
Additional program guidelines include, but may not be limited to, the following:
- Offenders must be a Cumberland County resident while on house arrest/EM
- Offenders must comply with any treatment recommendations
- Offenders must agree to pay all fees associated with the DUI/RP Program
- Offenders must agree to all terms and conditions of the DUI/RP Program
- DUI offenses, in which an accident occurred, will be reviewed on a case-by-case basis
Expanded DUI/IP Program
The Cumberland County DUI/IP Program has been expanded to include DUI offenses with mandatory minimum sentences of 48 hours, 72 hours, 5 days, and 10 days. To be eligible for Expanded DUI/IP, individuals must be a resident of Cumberland, Dauphin, York, Adams, Franklin, or Perry County.
Individuals requesting an Expanded DUI/IP Sentence must receive a drug and alcohol evaluation prior to sentencing by a licensed drug and alcohol treatment agency. The defendant must comply with the recommendation of the drug and alcohol evaluation.
Offenders eligible for the Expanded DUI/IP Program will serve their mandatory minimum on house arrest/EM supervision. While on house arrest, the offender will be allowed to leave his or her home for work and drug and alcohol treatment. Any case carrying a 48-hour, 72-hour, 5-day, or 10-day mandatory minimum sentence with a Driving Under Suspension (DUS) sentence (DUI-Related or DUI-Related with Alcohol in System) will serve the DUS sentence on work release.
Throughout the sentence, offenders are expected to maintain employment, attend recommended drug and alcohol treatment, submit to drug testing, make regular payments of costs and fines, and remain on good behavior.