PA Court Rules Credit May be Given For Inpatient Treatment

Posted in Sentencing on July 19, 2026

For many people facing criminal charges in Pennsylvania, entering an inpatient drug or alcohol treatment program before sentencing is an important step toward recovery. A recent Pennsylvania Superior Court decision confirms that, in some cases, the time spent in voluntary inpatient treatment may count toward a defendant’s jail sentence. In Commonwealth v. Morgan, 2026 PA Super 153 (July 16, 2026), the Superior Court reaffirmed that sentencing judges have the discretion to award credit for time spent in inpatient rehabilitation—even when the treatment was voluntary.

Facts of the Case

The defendant entered guilty pleas in multiple criminal cases. Before sentencing, he voluntarily completed approximately ten months of inpatient treatment. The plea agreement allowed the defendant to ask for credit for the time spent at inpatient treatment, but the district attorney was going to oppose that credit be given. The agreement also stated that neither side could appeal the sentencing judge’s decision. The sentencing judge decided to give credit for the time spent at inpatient treatment, and the Commonwealth then appealed. On appeal, the Commonwealth argued that credit should not be given for voluntary treatment because the

The Superior Court’s Decision

The Superior Court affirmed the trial court’s sentencing decision to give credit. First, the Court noted that the Commonwealth waived or gave up the argument to challenge credit because the plea agreement expressly allowed the defendant to argue for credit and further stated that neither side could appeal the judge’s decision. The Commonwealth’s decision to appeal directly violated the terms of the plea agreement that it had negotiated

Voluntary Inpatient Treatment May Qualify for Sentence Credit

Even though the issue had been waived, the Superior Court explained that Pennsylvania law permits sentencing judges to award credit for voluntary inpatient treatment.

Pennsylvania’s Sentencing Code requires defendants to receive credit for “all time spent in custody” before sentencing. 42 Pa.C.S. § 9760. Although the statute does not specifically define “custody,” Pennsylvania appellate courts have long recognized that inpatient treatment facilities may qualify because they impose significant restrictions on a person’s liberty. The Court explained that voluntary admission does not automatically prevent a defendant from receiving credit. Instead, the decision remains within the sound discretion of the sentencing judge.

Why This Decision Matters

This decision is significant for defendants who proactively seek treatment before sentencing.

Many individuals battling substance abuse choose to enter rehabilitation voluntarily rather than waiting for a court order. The Superior Court’s decision reinforces that these efforts can have meaningful legal benefits. However, sentence credit is not automatic. Each case depends on its particular facts, the nature of the treatment program, the restrictions placed on the defendant, and the sentencing judge’s exercise of discretion.

Experienced Attorney Matters

A defendant wants to know whether or not the district attorney and judge will give credit for inpatient treatment prior to entering a rehabilitation facility. Every county prosecutor and judge is different, and some agree to credit for inpatient treatment while others do not. An experienced criminal defense attorney should know whether or not a prosecutor or judge is likely to give credit and thereby provide the best advice to a client. Some attorneys lead a client to believe that credit must be given in such situations, and the client is blindsided at sentencing when they do not receive credit and are instead sent to jail. Experience matters.

State College defense attorney Jason S. Dunkle has represented people charged in Centre, Mifflin, Clinton, and Huntingdon counties since 2004. He has negotiated plea agreements with the prosecutors in those counties and has experience in attending sentencing proceedings with the judges. For example, Centre County prosecutors and judges have a history of encouraging attendance at inpatient treatment by agreeing to day-for-day credit for time spent inpatient. Such treatment can often reduce or even avoid the time spent in jail. Many prosecutors like to see that a client is taking proactive steps at treatment to ensure that the criminal behavior is not repeated.

If you have been charged with a crime, contact experienced criminal attorney Jason Dunkle today to discuss your options and protect your future.