The following apply: (1) The following apply to postsentencing reviews: (i) Subject to paragraph (2), the courts shall ensure that the probation of all individuals sentenced or resentenced prior to the effective date of this section are reviewed to determine whether the individuals should be considered for early termination of probation or modification of the terms and conditions of probation. The review shall occur at the later of one year after the effective date of this section or: (A) For a probation sentence on a misdemeanor conviction, the date the defendant has completed two years of probation. (B) For a felony conviction, the date the defendant has completed four years of probation. (C) For a probation sentence based on a conviction involving multiple offenses arising out of the same criminal episode: (I) the date the defendant has completed two years of probation if all the offenses resulting in the sentence were misdemeanors; or (II) the date the defendant has completed four years of probation if one of the offenses resulting in the sentence included a felony. (ii) For each case under review, the defendant and the Commonwealth shall have the opportunity, in advance of a decision, to provide written comments to the court. Courts may by local rule adopt such procedures as they deem appropriate to accomplish the reviews. (2) (i) This section shall not apply if: (A) The defendant committed one of the following technical violations within the six months immediately preceding the defendant's probation review conference: (I) A technical violation that was sexual in nature. (II) A technical violation that involved assaultive behavior or included a credible threat to cause bodily injury to another, including incidents involving domestic violence. (III) A technical violation that involved possession or control of a firearm or dangerous weapon. (IV) The technical violation involved the manufacture, sale, delivery or possession with the intent to manufacture, sell or deliver, a controlled substance or other drug regulated under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. (V) The defendant absconded. (VI) A technical violation which involved an intentional and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions. For the purposes of this clause, multiple technical violations stemming from the same episode of events shall not constitute separate technical violations. (VII) A technical violation that involved an identifiable threat to public safety. (ii) The defendant was convicted of a misdemeanor of the first degree, misdemeanor of the second degree or felony offense committed while either incarcerated or serving probation. (iii) The defendant was convicted of an offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders). (iv) The defendant was convicted of a crime of violence. (v) The defendant was convicted of an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2709.1 (relating to stalking) against any of the defendant's family or household members.
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