Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303 - SENTENCING GUIDELINES, 7TH EDITION › Section 303.11 - Guideline sentence recommendation: sentencing levels

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose of sentence
. In
				writing the sentencing guidelines, the Pennsylvania Commission on Sentencing
				strives to provide a benchmark for the judges of Pennsylvania, a common
				starting point with a range of recommendations for the typical offender. The
				sentencing guidelines provide sanctions proportionate to the severity of the
				crime and the severity of the offender's prior conviction record. This
				establishes a sentencing system with a primary focus on retribution, but one in
				which the recommendations allow for the fulfillment of other sentencing
				purposes including rehabilitation, deterrence, and incapacitation.
The sentencing guidelines provide recommendations regarding
				  the type of disposition, the duration of confinement and/or community
				  supervision, the intensity of conditions, and the requirements associated with
				  restitution and other economic sanctions. While the sentencing guidelines
				  provide a retributive framework for sentencing, other factors may impact the
				  sentencing decision and other information may assist the court in determining
				  an appropriate and individualized sentence. These include:
(1) mandatory minimum sentencing provisions,
				which when applicable supersede the sentencing guidelines
				recommendations;
(2) diagnostic
				evaluations of dependency on alcohol and other drugs and clinically prescribed
				treatment; and
(3) the use of
				validated assessments of risk, needs and responsivity and related
				evidence-based practices to guide decisions related to the intensity and
				duration of community supervision.
While courts are required to consider the guidelines at
				  sentencing, Pennsylvania's sentencing guidelines are advisory: "Guidelines
				  serve the laudatory role of aiding and enhancing the judicial exercise of
				  judgement by the Court in imposing a sentence. . .they are advisory guideposts
				  that are valuable, may provide an essential starting point, and that must be
				  respected and considered; they recommend, however, than require a particular
				  sentence."
Com. v. Walls
(926 A.2d 957) (Pa., 2007).
The imposition of a sentence involves decisions beyond
				  disposition and duration, such as place of confinement, paroling authority and
				  intensity of community supervision. In many cases the court is required to
				  determine the eligibility and appropriateness of individuals for program
				  participation, including as provided in §
										303.12: county intermediate
				  punishment programs as restrictive conditions of probation, numerous state
				  correctional programs operated by the Pennsylvania Department of Corrections,
				  and reentry programs authorized at the time of sentencing. Additionally, the
				  specialized jurisdiction of problem-solving courts, as authorized by
				  42 Pa.C.S. §
											916, provide
				  an avenue for the use of court-supervised individualized treatment programs and
				  services.