reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303 - SENTENCING GUIDELINES, 7TH EDITION › Section 303.18 - DWE/Used Matrix

Current through Register Vol. 54, No. 28, July 13, 2024
Level
OGS
Deadly
						  Weapon
Prior Record Score
0
1
2
3
4
5
RFEL
REVOC
AGG/MIT
Level 5
14
Used
90-SL
102-SL
114-SL
138-SL
186-SL
210-SL
222-SL
SL
[tilde ]/- 12
13
Used
78-96
84-102
90-108
96-114
102-120
114-132
126-144
240
+/-12
12
Used
66-84
72-90
78-96
84-102
90-108
102-120
114-132
120
+/-12
11
Used
54-72
60-78
66-84
72-90
78-96
90-108
102-120
120
+/-12
10
Used
40-54
48-60
54-66
60-72
66-78
78-90
90-102
120
+/-12
9
Used
30-42
36-48
42-54
48-60
54-66
66-78
78-90
120
+/-12
Level 4
8
Used
21-28
24-30
27-33
30-36
33-39
39-45
52-64
NA
+/-9
7
Used
18-26
21-28
24-30
27-33
30-36
36-42
47-57
NA
+/-6
6
Used
15-24
18-26
21-28
24-30
27-33
33-39
39-52
NA
+/-6
5
Used
12-21
13-24
15-26
18-28
21-28
24-30
36-48
NA
+/-3
Level 3
4
Used
6-9
6-15
6-<18
9-20
12-22
15-22
27-36
NA
+/-3
3
Used
6-7
6-12
6-15
6-<18
9-20
12-22
18-24
NA
+/-3
2
Used
6-6
6-8
6-9
6-10
6-12
7-15
12-<18
NA
+/-3
1
Used
6-6
6-7
6-8
6-9
6-10
6-12
9-12
NA
+/-3
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303 - SENTENCING GUIDELINES, 7TH EDITION › Section 303.18(a) - School Enhancement Matrix

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view image
This section cited in 204 Pa. Code §
											303.10 (relating to guideline
					 sentence recommendations:
					 enhancements).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303 - SENTENCING GUIDELINES, 7TH EDITION › Section 303.18(b) - Youth Enhancement Matrix

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view image
This section cited in 204 Pa. Code §
											303.10 (relating to guideline
					 sentence recommendations:
					 enhancements).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303 - SENTENCING GUIDELINES, 7TH EDITION › Section 303.18(c) - School and Youth Enhancement Matrix

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view image
This section cited in 204 Pa. Code §
											303.10 (relating to guideline
					 sentence recommendations:
					 enhancements).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.1 - Preliminary provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization for adoption of guidelines.
(1)
Adoption of guidelines for
				sentencing and probation.
As authorized by
				42 Pa.C.S. §
											2154
				(relating to adoption of guidelines for sentencing), the Commission shall adopt
				guidelines for sentencing within the limits established by law which shall be
				considered by the sentencing court in determining the appropriate sentence for
				persons who plead guilty or nolo contendere to, or who were found guilty of,
				felonies and misdemeanors.
(i) In adopting
				guidelines, the Commission shall recommend confinement that is consistent with
				the protection of the public, the gravity of the offense as it relates to the
				impact on the life of the victim and the community and the rehabilitative needs
				of the person.
(ii) The guidelines
				shall address the following retributive factors:
(A) Seriousness of the offense, by specifying
				the range of sentences applicable to crimes of a given degree of
				gravity.
(B) Criminal history, by
				specifying a range of sentences of increased severity or intensity of
				intervention for persons previously convicted of or adjudicated delinquent for
				one or more misdemeanor or felony offenses committed prior to the current
				offense. The Commission may exclude or reduce the valuation of less serious
				offenses and increase the valuation of offenses committed while under
				supervision or in a temporal or offense pattern.
(C) Criminal behavior, by specifying a range
				of sentences of increased severity or intensity of possessed intervention for
				persons with increased culpability, including those who posessed or used a
				deadly weapon or inflicted substantial harm during the commission of the
				current conviction offense.
(D)
				Aggravated and mitigated ranges, by specifying variations from the range of
				sentences applicable on account of aggravating or mitigating
				circumstances.
(E) The impact of
				any amendments to
				42 Pa.C.S. §
													9756
				(relating to sentence of total confinement).
(iii) The guidelines shall include the
				following risk-related adjustments:
(A)
				Incapacitation of serious violent persons.
(B) Modifications to criminal history to
				reflect risk to reoffend and substantial risk to public safety to adjust the
				length of total confinement for more serious criminal
				history.
(iv) The
				guidelines shall address the use of county intermediate punishment programs as
				restrictive conditions of probation and the duration of terms of
				probation.
(v) The guidelines shall
				include interactive information to support decisions with risk and recidivism
				information.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.2 - Guideline sentencing standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				provisions.
(1) The court shall
				consider the sentencing guidelines in determining the appropriate sentence for
				persons convicted of, or pleading guilty or nolo contendere to, felonies and
				misdemeanors. Where crimes merge for sentencing purposes, the court shall
				consider the sentencing guidelines only on the offense assigned the higher
				offense gravity score.
(2) The
				sentencing guidelines do not apply to sentences imposed as a result of the
				following: accelerated rehabilitative disposition; disposition in lieu of
				trial; direct or indirect contempt of court; violations of protection from
				abuse orders; revocation of probation, except as provided in 204 Pa. Code
				Chapters 307 and 307a (relating to resentencing guidelines for 7th edition
				sentencing guidelines; and resentencing guidelines for 8th edition sentencing
				guidelines); or revocation of parole, except as provided in Chapter 311
				(relating to State parole recommitment ranges).
(3) The sentencing guidelines shall apply to
				all offenses committed on or after the effective date of the guidelines.
				Editions or amendments to the sentencing guidelines shall apply to all offenses
				committed on or after the effective date of the edition or amendment to the
				guidelines.
(i) The effective date of the
				initial sentencing guidelines and effective dates of editions and amendments to
				the sentencing guidelines are provided in §
											303a.8 (relating to effective
				dates of sentencing guidelines editions).
(ii) On October 7, 1987, the Pennsylvania
				Supreme Court invalidated the sentencing guidelines due to a procedural error
				that occurred in 1981, when the General Assembly rejected the initial
				sentencing guidelines adopted by the Commission. As a result, sentencing
				guidelines adopted prior to April 25, 1988, were declared by the Court to be of
				no force.
(iii) For offenses
				committed on multiple dates, the guidelines shall be applied based on the date
				of each offense and the effective date of the editions or amendments to the
				guidelines. If the specific dates of the offenses cannot be determined, the
				later date shall be used to determine the applicable edition or amendment of
				the sentencing guidelines.
(4) In every case in which a court of record
				imposes a sentence for a felony or misdemeanor, the court shall make as a part
				of the record and disclose in open court at the time of the sentencing a
				statement of the reason or reasons for the sentence imposed. In every case in
				which a court of record imposes a sentence or resentence in the aggravated or
				mitigated range, or imposes a sentence that is a departure from the guidelines,
				the court shall report the reason or reasons for the deviation from the
				standard range of the guidelines to the Commission.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.4 - Prior record score

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				provisions.
(1) The PRS is a measure
				of a person's criminal history, reflecting the number and seriousness of
				certain previous juvenile adjudications and adult convictions. The PRS
				addresses the greater culpability and risk to reoffend of repeat offenders.
				There are five PRS categories (PRS 0-PRS 4).
(2) The PRS is determined by identifying the
				most serious offense for which a person was adjudicated or convicted prior to
				the commission of the current offense, and then considering the number of
				previous adjudications or convictions of equal seriousness.
(3) POGs, as provided in
				303a.13(a) 
				(relating to POG/PRS tables), distinguish the seriousness of previous
				adjudications and convictions as described below.
(i) POG1 includes all misdemeanors, unless
				designated as serious crimes.
(ii)
				POG2 includes all felonies of the third degree and all unclassified felonies,
				unless designated as serious crimes.
(iii) POG3 includes all serious crimes,
				defined as:
(A) All felonies of the first and
				second degree, unless designated as crimes of violence.
(B) All felonies of the third degree and
				misdemeanors of the first degree if:
(I) 18
				Pa.C.S. Article B Chapters 25-32.
(II) 18 Pa.C.S. Chapter 61-A (relating to
				Uniform Firearms Act of 1995).
(III)
													42 Pa.C.S. §
														9799.14
				(relating to sexual offenses)
(iv) POG4 includes all crimes of violence
				(42 Pa.C.S. §
												9714(g)) (relating to
				sentences for second and subsequent offenses).
(4) Certain previous adjudication and
				conviction offenses may be removed from consideration in the prior offense
				groups following prescribed periods of decay or gap, as described in paragraph
				(c).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.5 - Offense-specific sentence recommendations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				provisions.
(1) In writing the
				sentencing guidelines, the Commission strives to provide a framework for the
				judges of Pennsylvania. The guidelines serve as a common starting point at
				sentencing, with a standard range of offense-specific sentence recommendations
				for the typical circumstances, based on the seriousness of the conviction
				offense and the consideration of relevant criminal history and criminal
				behavior of the person. As required by statute, aggravated and mitigated ranges
				are included to support the exercise of discretion when other circumstances are
				present.
(2) Through the
				establishment of sentencing levels, the sentencing guidelines are anchored to
				the purposes of sentencing and to the authorized dispositions provided in
				statute. Within these levels, an offense-specific sentence recommendation is
				provided for each conviction offense, based on the combination of OGS and PRS,
				intended to promote uniformity and proportionality. "The guidelines were
				designed to bring greater rationality and consistency to sentences and to
				eliminate unwarranted disparity in sentencing."
Commonwealth v.
				Mouzon
, 812 A.2d 617 (Pa., 2002).
(3) While courts are required to consider the
				offense-specific sentence recommendations, Pennsylvania's sentencing guidelines
				are advisory, and courts are required to individualize sentences. "Guidelines
				serve the laudatory role of aiding and enhancing the judicial exercise of
				judgement regarding case-specific sentencing. Guidelines may help frame the
				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, rather than require
				a particular sentence."
Commonwealth v. Walls
(926 A.2d 957)
				(Pa., 2007).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.7 - Judicial proceeding considerations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				provisions.
Judicial proceeding considerations are provided to address
				the imposition of multiple sentences, encouraging practices that promote
				greater consistency in the use of concurrent or consecutive sentences, and
				promote consideration of various sentencing and correctional
				programs.
(b)
Concurrent
				and consecutive sentences.
As provided in
				42 Pa.C.S. §
										9721(a) (relating to
				sentencing generally), the court may impose one or more sentencing alternatives
				consecutively or concurrently. When a judicial proceeding includes sentences
				for multiple convictions, the court is encouraged to consider the imposition of
				concurrent sentences for lesser conviction offenses within the same criminal
				incident. Exceptions include:
(1) Sentences
				for crimes of violence, and for convictions involving sexual assault, domestic
				violence, and vulnerable victims.
(2) Consecutive sentences when required by
				law, including but not limited to:
(i)
											18 Pa.C.S. §
												2703(b) (relating to assault
				by prisoner).
(ii)
											42 Pa.C.S. §
												9711.1(c) (relating to
				sentencing for certain murders of infant persons).
(iii)
											42 Pa.C.S. §
												9718.5
				(relating to mandatory period of probation for certain sexual
				offenders).
(iv)
											61 Pa.C.S. §
												6137.2
				(relating to reentry supervision).
(v)
											75 Pa.C.S. §
												3735
				(relating to homicide by vehicle while driving under influence).
(vi)
											75 Pa.C.S. §
												3804(c.2) and
				(c.3) (relating to penalties ).
(3) Proceedings in which there are multiple
				crime victims, or multiple criminal incidents.
(4) Circumstances for which a longer sentence
				is warranted to address treatment needs.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.8 - Effective dates of sentencing guidelines editions

Current through Register Vol. 54, No. 28, July 13, 2024
Effective Date
Sentencing Guidelines
							 Edition
07-22-1982
First Edition
06-03-1983
-Amendment 1
01-02-1986
-Amendment 2
06-05-1986
Second Edition
04-25-1988
Third Edition
08-09-1991
-Revised
12-20-1991
-Revised, Amendment 1
08-12-1994
Fourth Edition
06-13-1997
Fifth Edition
06-03-2005
Sixth Edition
12-05-2008
-Revised
12-28-2012
Seventh Edition
09-27-2013
-Amendment 1
09-26-2014
-Amendment 2
09-25-2015
-Amendment 3
01-01-2018
-Amendment 4
06-01-2018
-Amendment 4, Supplement
01-01-2020
-Amendment 5
01-01-2021
-Amendment 6
01-01-2024
Eighth Edition
All editions of the sentencing guidelines are posted on the
				  Commission's web site and are available upon request.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.11 - Omnibus OGS tables

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				omnibus OGS assignments.
Omnibus
							 Assignments
Statutory
							 Class
Offense Gravity
							 Score
Prior Offense
							 Group
*See §
															303a.3(a)(4) and
							 § 303a.9
F-1 + (max >20
						  years)
22
POG3/POG4
F-1
14
POG3
F-2
11
POG3
F-3
9
POG2
Felony Not Classified
9
POG2
M-1
7
POG1
M-2
4
POG1
M-3
2
POG1
Misdemeanor Not Classified
2
POG1
(b)
BUI omnibus OGS assignments, relating to operating watercraft under the
				influence.
Omnibus
							 Assignments
30 Pa.C.S. §
																5502 OGS Assignments (based on mandatory
							 minimum sentence requiremens)
§ 5502 OGS Override (when OGS
							 of statutory class is higher)
*See §
															303a.3(a)(4) and
							 § 303a.10
1 year and >
*subsq off +1 (up to
						  OGS 15)
13*
90 days to < 1
						  year
9
M-1
7
30 days to < 90
						  days
8
M-2
4
< 30 days
7
M
2
6 months prob
4
(c)
DUI omnibus OGS assignments, relating to driving under the
				influence
.
Omnibus
							 Assignments
75 Pa.C.S. §
																3802 OGS Assignments (based on mandatory
							 minimum sentence requirements
§ 3802 OGS Override (when OGS
							 of statutory class is higher)
*See §
															303a.3(a)(4) and
							 § 303a.10
1 year and >
*subsq off +1 (up to
						  OGS 15)
13*
F-2
11
90 days to < 1
						  year
9
F-3
9
30 days to < 90
						  days
8
M-1
7
< 30 days
7
M-2
4
6 months prob
4
M
2
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.13 - POG/PRS tables

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prior offense groups (POG).
POG1 § 303a.4(a)(3)(i)
Least serious group;
						  includes all misdemeanors, unless designated as serious crimes.
POG2 § 303a.4(a)(3)(ii)
Includes all F-3 and
						  all unclassified felonies, unless designated as serious crimes.
POG3 § 303a.4(a)(3)(iii)
Includes all serious
						  crimes, defined as: Except for crimes of violence, an adjudication or
						  conviction for any F-1 or F-2, or an adjudication or conviction for a F-3 or
						  M-1 as provided in the following: 18 Pa.C.S. Part II, Article B, 18 Pa.C.S.
						  Chapter 61-A, and
						  42 Pa.C.S. §
														9799.14.
POG4 § 303a.4(a)(3)(iv)
Most serious group;
						  includes all crimes of violence (offenses listed under
						  42 Pa.C.S. §
														9714(g))
(b)
Prior record score (PRS) categories.
.
Prior Offense Group
Number of prior adjudications and convictions in
								group.
PRS Categories
PRS 0
PRS 1
PRS 2
PRS 3
PRS 4
0
*
POG1 (1-1-2)
1
*
2
*
3+
*
POG2 (2-2-3)
1
*
2
*
3+
*
POG3 (2-3-3)
1
*
2
*
3+
*
POG4 (3-4-4)
1
*
2
*
3+
*
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 305 - SENTENCE RISK ASSESSENT INSTRUMENT › Section 305.1 - Preliminary provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization.
(1) As
				authorized by
				42 Pa.C.S. §
											2154.7
				(relating to adoption of risk assessment instrument), the Commission shall
				adopt a Sentence Risk Assessment Instrument for the sentencing court to use to
				help determine the appropriate sentence within the limits established by law
				for defendants who plead guilty or nolo contendere to, or who were found guilty
				of, felonies and misdemeanors.
(2)
				The Sentence Risk Assessment Instrument may be incorporated into the sentencing
				guidelines under
				42 Pa.C.S. §
											2154
				(relating to adoption of sentencing guidelines).
(3) The Sentence Risk Assessment Instrument
				may be used to determine whether a more thorough assessment is necessary and to
				order a presentence investigation report.
(4) The Sentence Risk Assessment Instrument
				may be an aid to help determine appropriate candidates for alternative
				sentencing.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 305 - SENTENCE RISK ASSESSENT INSTRUMENT › Section 305.2 - Sentence Risk Assessment Instrument methodology

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Development and
				validation.
(1) The Commission
				conducted a study using offenders sentenced during 2004-2006 (n=131,055) to
				allow for a three-year follow-up period for all offenders, while taking
				advantage of improvements in data quality and a more recent time period.
				Additional information on the development and validation of the Sentence Risk
				Assessment Instrument is available from the Commission.
(2) The Commission developed risk scales for
				all offenders, except those with DUI as the most serious offense of the
				judicial proceeding.
(3) In
				developing the risk scales, the following analyses were conducted:
(i) bivariate analyses to determine which
				factors were related to recidivism;
(ii) multivariate logistic regression to
				determine which factors best predicted recidivism while holding other factors
				constant;
(iii) rotation of all
				categories for factors that were multi-categorical to ensure that reported
				differences were real and not due to a particular comparison
				category;
(iv) Receiver Operating
				Characteristic (ROC) analysis, which plots the true positive rate (i.e., how
				many people were predicted to recidivate and did recidivate) against the false
				positive rate (i.e., how many people were predicted to recidivate but did not
				recidivate); and
(v) validation of
				the final scales with both samples.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 305 - SENTENCE RISK ASSESSENT INSTRUMENT › Section 305.3 - Sentence Risk Assessment Instrument standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Effective January 1, 2020, the Commission
				shall conduct a six-month training and orientation for judges and practitioners
				related to the use of the Sentence Risk Assessment Instrument, the purpose of
				the recommendation, and the type of information recommended.
(b) Effective July 1, 2020, the court shall
				use the SGS Web-based Sentence Risk Assessment Instrument to identify cases for
				which additional information is recommended to help determine the appropriate
				sentence for non-DUI offenders who plead guilty or nolo contendere to or who
				were found guilty of felonies or misdemeanors.
(c) The Sentence Risk Assessment Instrument
				does not apply to sentences imposed as a result of the following: accelerated
				rehabilitative disposition; disposition in lieu of trial; direct or indirect
				contempt of court; violations of protection from abuse orders; or revocation of
				probation, county intermediate punishment, state intermediate punishment or
				parole.
(d) In every case in which
				additional information is recommended and provided to the court, the additional
				information shall be considered by the court prior to sentencing. The court is
				encouraged to determine procedures for the preparation of additional
				information.
(e) In every case in
				which a court of record imposes a sentence for a felony or misdemeanor, and
				additional information is recommended, the court shall make as a part of the
				record, and shall record on the guideline sentence form, whether the court
				received and considered additional information prior to sentencing. The
				guideline sentence form shall be electronically transmitted to the Pennsylvania
				Commission on Sentencing in the manner described in § 303.1(e).
(f) Unless otherwise provided by the
				Commission, the JNET-based Sentencing Guidelines Software Web application (SGS
				Web) shall be used at the court's direction to prepare all guideline-required
				sentencing information prior to sentencing.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 305 - SENTENCE RISK ASSESSENT INSTRUMENT › Section 305.4 - Sentence Risk Assessment Instrument procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For each judicial proceeding, the
				procedure using the SGS Web-based Sentence Risk Assessment Instrument shall be
				as follows:
(1) Prepare all guideline
				sentence forms prior to sentencing using SGS Web as required by § 303.1(e):
(i) create a Judicial Proceeding;
(ii) complete the Prior Record Score
				module;
(iii) complete the Offense
				module, including all offenses for which the offender has been convicted and
				are pending before the court for sentencing at the same time;
(iv) upon completion of the Offense module,
				guideline sentence forms are available;
(v) for cases identified by the Sentence Risk
				Assessment Instrument, "Additional Information Recommended" is included on the
				guideline sentence form;
(vi)
				additional information, if prepared, shall be provided to the court for
				consideration prior to sentencing.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 305 - SENTENCE RISK ASSESSENT INSTRUMENT › Section 305.5 - Sentence Risk Assessment Instrument recommendation-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The risk score for the offender and the
				associated risk category is calculated based on the most serious conviction
				offense in the judicial proceeding.
(b) Typical risk offenders. For offenders who
				are identified as typical risk, the Commission makes no additional
				recommendation.
(c) Low risk or
				high risk offenders. For offenders who are identified as low risk or high risk,
				the guideline sentence form will include a notation "Additional Information
				Recommended." No information on risk category will be provided. Courts are
				encouraged to adopt procedures to permit the preparation of additional
				information based on the guideline sentence form recommendation.
(d) The additional information recommended
				may assist the court in determining an appropriate and individualized sentence,
				including the suitability of various sentencing alternatives and programs as
				well as the duration and intensity of supervision.
(e) An example of sentence guideline form
				with the "Additional Information Recommended" notation is found at §
									305.9.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 305 - SENTENCE RISK ASSESSENT INSTRUMENT › Section 305.7 - Recidivism Risk Scales

Current through Register Vol. 54, No. 28, July 13, 2024
Risk Factors
Risk Score
Gender
Male
1
Female
0
Age
<21
5
21-25
4
26-29
3
30-39
2
40-49
1
>49
0
Current Conviction Offense Type
Murder
1
Person-Felony
1
Person-Misd.
1
Sex-Felony
0
Sex-Misd.
0
Burglary
2
Property-Felony
2
Property-Misd.
2
Drug-Felony
1
Drug-Misd.
1
Public Admin.
1
Public Order
1
Firearms
2
Other Weapons
2
Other
1
Number of Prior Convictions
None
0
1
1
2-3
2
4-5
3
>5
4
Prior Conviction Offense Type
Person/Sex
0
Property
1
Drug
1
Public Order
1
Public Admin.
1
DUI
0
Firearm/Weapon
-1
Multiple Current
Yes
1
Convictions
No
0
Prior Juvenile
Yes
1
Adjudication
No
0
Scale
0 to 18
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 305 - SENTENCE RISK ASSESSENT INSTRUMENT › Section 305.8 - Recidivism Rates by Risk Score

Current through Register Vol. 54, No. 28, July 13, 2024
Risk Scale
Total
Number
Percent
Mean
7.1
No
Yes
No
Yes
St. Dev. (SD)
2.6
0-1
537
504
33
94%
6%
+1 SD
9.6
2
3,131
2,790
341
89%
11%
-1 SD
4.5
3
7,625
6,568
1,057
86%
14%
4
11,645
9,569
2,076
82%
18%
5
14,133
11,021
3,112
78%
22%
6
17,962
13,289
4,673
74%
26%
7
20,577
14,003
6,574
68%
32%
8
18,611
11,406
7,205
61%
39%
9
13,929
7,825
6,104
56%
44%
10
10,044
5,076
4,968
51%
49%
11
6,554
3,209
3,345
49%
51%
12
3,640
1,614
2,026
44%
56%
13
1,719
716
1,003
42%
58%
14
701
269
432
38%
62%
15-18
256
83
173
32%
68%
Total
131,064
87,942
43,122
67%
33%
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307 - RESENTENCING GUIDELINES FOR 7TH EDITION SENTENCING GUIDELINES › Section 307.1 - Preliminary provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization.
(1) As
				authorized by
				42 Pa.C.S. §
											2154.4
				(relating to adoption of guidelines for resentencing), the Commission shall
				adopt guidelines that shall be considered by the court when resentencing a
				person following the revocation of probation.
(2) The Resentencing Guidelines shall take
				into account:
(i) factors considered in
				adopting the sentencing guidelines;
(ii) the seriousness of the violation;
				and
(iii) the rehabilitative needs
				of the defendant.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307 - RESENTENCING GUIDELINES FOR 7TH EDITION SENTENCING GUIDELINES › Section 307.2 - Resentencing guidelines standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court shall
				consider the Resentencing Guidelines in determining the appropriate resentence
				upon a revocation of probation.
(b)
				The Resentencing Guidelines shall apply to revocations of probation for all
				offenses committed on or after January 1, 2020. Amendments to the Resentencing
				Guidelines shall apply to revocations of probation for all offenses committed
				on or after the effective date of the amendment.
(1) The initial Resentencing Guidelines,
				effective January 1, 2020, apply to all offenses committed on or after January
				1, 2020, but prior to January 1, 2021, for which the 7th Edition, Amendment 5
				Sentencing Guidelines applied.
(2)
				Resentencing Guidelines, Amendment 1, effective January 1, 2021, apply to all
				offenses committed on or after January 1, 2021, but prior to January 1, 2024,
				for which the 7th Edition, Amendment 6 Sentencing Guidelines applied.
(3) Resentencing Guidelines for the 8th
				Edition Sentencing Guidelines, effective January 1, 2024, as provided in
				Chapter 307a (relating to resentencing guidelines for 8th Edition Sentencing
				Guidelines), apply to all offenses committed on or after January 1, 2024, for
				which the 8th Edition Sentencing Guidelines applied.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307 - RESENTENCING GUIDELINES FOR 7TH EDITION SENTENCING GUIDELINES › Section 307.3 - Procedure for determining the resentencing guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For a technical
				violation resulting in the revocation of an order of probation, the
				resentencing guidelines shall be the same as the initial sentencing guidelines,
				pursuant to 204 Pa. Code Chapter 303 (relating to sentencing guidelines, 7th
				edition), with consideration given to any service of the original
				sentence.
(b) For a conviction
				violation resulting in revocation of an order of probation, the resentencing
				guidelines shall begin with the initial sentencing guidelines, pursuant to 204
				Pa. Code Chapter 303, and include consideration of the following:
(1) If the PRS category of the initial
				sentencing guidelines is PRS 0 through PRS 4, the PRS is increased by one
				category;
(2) If the PRS category
				of the initial sentencing guidelines is PRS 5, RFEL, or REVOC, there is no
				change to the PRS category. Consideration shall be given to any service of the
				original sentence.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307 - RESENTENCING GUIDELINES FOR 7TH EDITION SENTENCING GUIDELINES › Section 307.4 - Resentencing guidelines recommendations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
				resentencing, the Commission recommends the court obtain additional information
				via a risk-needs assessment or a risk-needs-responsivity assessment to identify
				any rehabilitative needs that may be addressed in a resentence.
(b) Guidelines resentencing recommendations
				relating to sentencing level, sentencing programs, aggravated and mitigated
				circumstances, and economic sanctions shall be the same as those provided for
				guideline sentence recommendations pursuant to 204 Pa. Code chapter 303
				(relating to sentencing guidelines, 7th edition).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307a - RESENTENCING GUIDELINES FOR 8TH EDITION SENTENCING GUIDELINES › Section 307a.1 - Preliminary provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization.
(1) As
				authorized by
				42 Pa.C.S. §
											2154.4
				(relating to adoption of guidelines for resentencing), the Commission shall
				adopt guidelines that shall be considered by the court when resentencing a
				convicted person following the revocation of probation.
(2) The Resentencing Guidelines shall take
				into account:
(i) factors considered in
				adopting the sentencing guidelines;
(ii) the seriousness of the violation;
				and
(iii) the rehabilitative needs
				of the defendant.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307a - RESENTENCING GUIDELINES FOR 8TH EDITION SENTENCING GUIDELINES › Section 307a.2 - Resentencing guidelines standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court shall
				consider the Resentencing Guidelines in determining the appropriate resentence
				upon a revocation of probation.
(b)
				The Resentencing Guidelines shall apply to revocations of probation for all
				offenses committed on or after January 1, 2020. Amendments to the Resentencing
				Guidelines shall apply to revocations of probation for all offenses committed
				on or after the effective date of the amendment.
(1) The initial Resentencing Guidelines,
				effective January 1, 2020, as provided in Chapter 307 (relating to resentencing
				guidelines for 7th edition sentencing guidelines), apply to all offenses
				committed on or after January 1, 2020, but prior to January 1, 2021, for which
				the 7th Edition, Amendment 5 Sentencing Guidelines applied.
(2) Resentencing Guidelines, Amendment 1,
				effective January 1, 2021, as provided in Chapter 307, apply to all offenses
				committed on or after January 1, 2021, but prior to January 1, 2024, for which
				the 7th Edition, Amendment 6 Sentencing Guidelines applied.
(3) Resentencing Guidelines for the 8th
				Edition Sentencing Guidelines, effective January 1, 2024, apply to all offenses
				committed on or after January 1, 2024, for which the 8th Edition Sentencing
				Guidelines applied.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307a - RESENTENCING GUIDELINES FOR 8TH EDITION SENTENCING GUIDELINES › Section 307a.3 - Procedure for determining the resentencing guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For a technical
				violation resulting in the revocation of an order of probation, the
				resentencing guidelines shall be the same as the initial sentencing guidelines,
				pursuant to 204 Pa. Code Chapter 303a (relating to sentencing guidelines, 8th
				edition), with consideration given to any service of the original
				sentence.
(b) For a conviction
				violation resulting in revocation of an order of probation, the resentencing
				guidelines shall begin with the initial sentencing guidelines, pursuant to 204
				Pa. Code Chapter 303a, with the OGS assignment increased by one point. The
				highest OGS assignment permitted is OGS 30. Consideration shall be given to any
				service of the original sentence.
(c) If the revocation of an order of
				probation is related to both a technical violation and a conviction violation,
				the resentencing guidelines for the conviction violation apply.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 307a - RESENTENCING GUIDELINES FOR 8TH EDITION SENTENCING GUIDELINES › Section 307a.4 - Resentencing guidelines recommendations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
				resentencing, the Commission recommends the court obtain additional information
				via a risk-needs assessment or a risk-needs-responsivity assessment to identify
				any rehabilitative needs that may be addressed in a resentence.
(b) Guidelines resentencing recommendations
				relating to offense-specific recommendations, aggravated and mitigated
				circumstances, and judicial proceeding recommendations shall be the same as
				those provided for guideline sentence recommendations pursuant to 204 Pa. Code
				Chapter 303a (relating to sentencing guidelines, 8th edition).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 309 - PAROLE GUIDELINES › Subchapter A - STATE PAROLE GUIDELINES › Section 309.1 - Preliminary provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization.
(1) As
				  authorized by
				  42 Pa.C.S. §
												2154.5 (relating to adoption of guidelines
				  for parole), the Pennsylvania Commission on Sentencing (Commission) shall adopt
				  guidelines that shall be considered by the Pennsylvania Parole Board when
				  exercising its power to parole and reparole all persons sentenced by any court
				  in this Commonwealth to imprisonment in any state correctional institution.
(i) The guidelines shall do all of the
				  following:
(A) Give primary consideration to
				  the protection of the public and to victim safety;
(B) Provide for due consideration of victim
				  input;
(C) Be designed to encourage
				  inmates and parolees to conduct themselves in accordance with conditions and
				  rules of conduct set forth by the department or other prison facilities and the
				  board;
(D) Be designed to encourage
				  inmates and parolees to participate in programs that have been demonstrated to
				  be effective in reducing recidivism, including appropriate drug and alcohol
				  treatment programs;
(E) Provide for
				  prioritization of incarceration, rehabilitation and other criminal justice
				  resources for offenders posing the greatest risk to public safety;
				  and
(F) Use validated risk
				  assessment tools, be evidence based and take into account available research
				  relating to the risk of recidivism, minimizing the threat posed to public
				  safety and factors maximizing the success of reentry.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 309 - PAROLE GUIDELINES › Subchapter A - STATE PAROLE GUIDELINES › Section 309.2 - State parole guidelines standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Guidelines
. The Board shall consider the State Parole
				  Guidelines when exercising its power to parole and reparole all persons
				  sentenced by any court in this Commonwealth to a state correctional
				  institution.
(b)
Effective
				  Date
. The State Parole Guidelines apply to all persons sentenced to a
				  state correctional institution and considered for parole on or after January 1,
				  2023. Amendments to the parole guidelines shall apply to all persons sentenced
				  to a state correctional institution and considered for parole on or after the
				  effective date of the Amendment.
(c)
Reasons
. In every case
				  in which the Board renders a parole decision, the Board shall make as part of
				  the record a statement of the reason or reasons for the decision to grant or
				  refuse parole.
(d)
Deviation from the Guidelines
. In every case in which the
				  Board deviates from the guidelines, the Board shall identify reasons for
				  deviation from the guidelines, and the reasons for the deviation from the
				  guidelines shall be recorded on the State Parole Guidelines Form, a copy of
				  which shall be electronically transmitted to the Pennsylvania Commission on
				  Sentencing (Commission) in the manner described in subsection (e).
(e)
Reporting decision
.
				  Unless otherwise provided by the Commission, the JNET-based Sentencing
				  Guidelines Software application (SGS Web) shall be used at the Board's
				  direction to prepare and submit State Parole Guidelines Forms and
				  guidelines-required parole decision information for each consideration of
				  parole or reparole. An example of the State Parole Guidelines Form is found at
				  § 309.5 (relating to State Parole Guidelines Form).
(1) The completed State Parole Guidelines
				  Form shall be made a part of the record and the information electronically
				  submitted to the Commission no later than 30 days after the date of the parole
				  decision.
(2) In the case of
				  revocation and recommitment, the completed State Parole Guidelines Form used to
				  report the grant of parole shall be attached to the State Parole Guidelines
				  Form prepared for each consideration of reparole.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 309 - PAROLE GUIDELINES › Subchapter A - STATE PAROLE GUIDELINES › Section 309.3 - Procedures for determining state parole guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The State Parole Guidelines consider two
				  categories of factors to determine the parole recommendation: parole risk
				  category and parole preparedness category.
(1)
Parole Risk Category
.
(i)
Risk score
. The LSI-R
				  score is calculated prior to the interview, and the score is used to determine
				  the risk level.
(ii)
Risk
				  Level
. The LSI-R score is divided into three levels:
(A) High Risk (scores 34 and
				  greater)
(B) Medium Risk (scores of
				  20 to 33)
(C) Low Risk (scores 19
				  and less)
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 309 - PAROLE GUIDELINES › Subchapter A - STATE PAROLE GUIDELINES › Section 309.4(a) - State Parole Guidelines Matrix (Violent)

Current through Register Vol. 54, No. 28, July 13, 2024
Preparedness
								  Category
Low
Medium
High
Risk Category
High
Refuse
Refuse
Grant
Medium
Refuse
Refuse
Grant
Low
Refuse
Grant
Grant
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 309 - PAROLE GUIDELINES › Subchapter A - STATE PAROLE GUIDELINES › Section 309.4(b) - State Parole Guidelines Matrix (Non-Violent)

Current through Register Vol. 54, No. 28, July 13, 2024
Preparedness
								  Category
Low
Medium
High
Risk Category
High
Refuse
Refuse
Grant
Medium
Refuse
Grant
Grant
Low
Refuse
Grant
Grant
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 309 - PAROLE GUIDELINES › Subchapter A - STATE PAROLE GUIDELINES › Section 309.5(a) - Parole Guidelines Worksheet for Violent Offenders

Current through Register Vol. 54, No. 28, July 13, 2024
Click
					 here to view image
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 309 - PAROLE GUIDELINES › Subchapter A - STATE PAROLE GUIDELINES › Section 309.5(b) - Parole Guidelines Worksheet for Non-Violent Offenders

Current through Register Vol. 54, No. 28, July 13, 2024
Click
					 here to view image
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 311 - STATE PAROLE RECOMMITMENT RANGES › Section 311.1 - Preliminary provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization.
(1) As
				authorized by
				42 Pa.C.S. §
											2154.6
				(relating to adoption of recommitment ranges following revocation of parole by
				board), the Commission shall adopt recommitment ranges that shall be considered
				by the Board when exercising its power to reparole, commit and recommit for
				violations of parole any person sentenced by a court in this Commonwealth to
				imprisonment in any correctional institution.
(i) The recommitment ranges shall take into
				account:
(A) the seriousness of the initial
				conviction offense;
(B) the level
				of seriousness of the violation; and
(C) the rehabilitative needs of the
				defendant.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 311 - STATE PAROLE RECOMMITMENT RANGES › Section 311.2 - Parole violator recommitment range standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board shall
				consider recommitment ranges in determining the recommitment time recommended
				for technical and convicted parole violators.
(b) In every case in which the Board deviates
				from the recommitment ranges, the Board shall provide a contemporaneous written
				statement of the reasons for the deviation from the recommitment ranges to the
				Commission as established under
				42 Pa.C.S. §
										2153(a)(14) (relating to
				powers and duties of commission).
(c) The recommitment ranges apply to
				revocations of parole when recommitment is ordered by the Board.
(d) The recommitment ranges shall apply to
				all State parole violation hearings initiated on or after January 1, 2024.
				Amendments to the recommitment ranges shall apply to all State parole violation
				hearings initiated on or after the effective date of the amendment to the
				recommitment ranges.
(e) Unless
				otherwise provided by the Commission, the sentencing guidelines application
				shall be used by the Board to do the following:
(1) Provide required information on the
				violation used to determine the recommended recommitment range.
(2) Provide details on the recommitment
				order, including the type of facility (i.e., correctional facility, group
				facility and/or parole violator center) and the duration of the
				recommitment.
(3) Report the date
				of recommitment and date of eligibility for re-parole or automatic
				reparole.
(4) Attach a copy of the
				completed State Parole Guidelines Form, as provided in §
										309.5 (relating to State Parole
				Guidelines Form), used to report the grant of parole.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 311 - STATE PAROLE RECOMMITMENT RANGES › Section 311.3 - Procedure for determining parole violator recommitment range

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For each parole
				recommitment of a paroled person under the jurisdiction of the Board, the
				procedure for determining the recommended recommitment range is as follows:
(1) Determine if the paroled person is a
				technical parole violator or a convicted parole violator:
(i) A technical parole violator is a paroled
				person under the jurisdiction of the Board who violates the terms and
				conditions of parole, other than by the commission of a new crime of which the
				person is convicted or found guilty by a judge or jury or to which the person
				pleads guilty or nolo contendere, as provided in
				61 Pa.C.S. §
												6138(c) (relating violation
				of terms of parole).
(ii) A
				convicted parole violator is a paroled person under the jurisdiction of the
				Board who, during the period of parole or while delinquent on parole, commits a
				crime punishable by imprisonment, for which the person is convicted or found
				guilty by a judge or jury or to which the person pleads guilty or nolo
				contendere, as provided in
				61 Pa.C.S. §
												6138(a).