What is the difference between a County and a State sentence?
NOTE: DUI legislation taking effect in 2004 creates exceptions to the answer below. The exceptions are for only DUI arrests on or after February 1, 2004. In Pennsylvania, a sentence of incarceration will normally have a minimum and a maximum length of time. In fact, the minimum cannot be more than ½ of the maximum sentence. This is why you will note that sentences are 1 to 2 years, 3 months to 23 months, 10 to 20 years, etc. In Pennsylvania, a State sentence is one in which the maximum sentence is 2 years or more. A County sentence of incarceration is one in which the maximum sentence is 2 years minus one day or less. For State sentences, the Pennsylvania Board of Probation and Parole assumes responsibility for the case, determines when the inmate is to be paroled, and supervises the parole case through their state agents. In a County sentence, the sentencing judge determines parole and supervises the case through our department’s parole officers.
