Key Topics: Pennsylvania Criminal Sentencing Law, Credit for Time Served (42 Pa.C.S.A. § 9760), Inpatient Drug & Alcohol Treatment, Plea Agreement Waiver.
Link to Opinion (https://www.pacourts.us/assets/opinions/Superior/out/J-S11007-26o%20-%20106855110366558051.pdf)
If a criminal defendant voluntarily and without a court order checks into an inpatient drug and alcohol rehabilitation facility while out on bail, does that time count as "time served" toward their eventual prison sentence?
The Commonwealth argued no, insisting that credit for time served should only apply when treatment is court-ordered. The Pennsylvania Superior Court disagreed, reaffirming that sentencing judges have broad discretion to award this credit regardless of whether the treatment was voluntary or mandated.
James Andrew Morgan was facing multiple criminal charges in McKean County. While free on modified bail, he was admitted to the Dickinson Restoration Center, an inpatient treatment facility, starting in October 2023.
Notably, the Commonwealth did not object to Morgan attending this facility as a bail condition at the time. Later, as part of his guilty plea agreement in June 2025, both parties explicitly agreed that the defense could ask the sentencing judge to grant credit for this inpatient time — while the Commonwealth reserved the right to disagree with that credit being given, but agreed the court had final say.
At sentencing on September 5, 2025, the trial court exercised its discretion and awarded Morgan credit for the time he spent in inpatient treatment. The Commonwealth appealed, arguing the treatment was voluntary and therefore should not qualify as "custody" under the law.
The Superior Court's first and most decisive finding was that the Commonwealth had already agreed, in writing, that the trial court could decide this issue. By signing a plea agreement stating the sentencing judge was "best" positioned to rule on inpatient credit, the Commonwealth gave up its right to later contest that outcome on appeal.
Going further, the Court clarified that even if the waiver hadn't occurred, the Commonwealth's legal argument was flawed. Citing the PA Supreme Court's decision in Commonwealth v. Conahan, wherein Conahan received time served while in an inpatient facility, which was a court ordered condition of bail. The key factor is not just whether a judge ordered the treatment, but whether the sentencing court reasonably exercises its discretion under 42 Pa.C.S.A. § 9760.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws and case interpretations may change, and the application of this ruling to your specific situation may vary. If you are facing criminal charges or have questions about sentencing credit in Pennsylvania, please consult a licensed attorney directly.
