Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION › Section 303a.6 - Aggravated and mitigated circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Aggravated and mitigated ranges.
As required by
				42 Pa.C.S. §
										2154(b)(4) (relating to
				adoption of guidelines for sentencing), the sentencing guidelines provide
				aggravated and mitigated ranges as variations from the standard range on
				account of aggravating and mitigating circumstances.
(b)
Conformity to the
				guidelines.
A sentence imposed in the standard range, aggravated
				range, or mitigated range is considered a sentence within the guidelines. A
				sentence imposed with a disposition or duration more severe than the aggravated
				range recommendation, less severe that the mitigated range recommendation, or
				without consideration of applicable guideline sentencing standards, is
				considered a departure from the guidelines.
(c)
Aggravated ranges.
When
				the court determines that aggravating circumstances are present, the court may
				consider the aggravated range of the sentencing guidelines. The aggravated
				range is determined by adding the designated number of months listed on the
				sentencing matrix (AGG/MIT column), located in §
									303a.14 (relating to sentencing
				matrix), to the top of the standard range recommendation as follows:
(1) At Level A, the aggravated range is
				determined by adding three months of general probation to the top of the
				standard range recommendation. When the top of the standard range
				recommendation is RS, the aggravated range recommendation is any period of
				general probation up to and including three months of general probation; when
				the top of the standard range recommendation is six months of general
				probation, the aggravated range recommendation is any period of general
				probation greater than six months up to and including nine months of general
				probation.
(2) At Level B, the
				aggravated range is determined by adding six months of general probation to the
				standard range recommendation. When the standard range recommendation is 6
				months of general probation, the aggravated range recommendation is a period of
				general probation greater than 6 months up to and including 12 months of
				general probation; when the standard range recommendation is 24 months of
				general probation, the aggravated range recommendation is any period of general
				probation greater than 24 months up to and including 30 months of general
				probation. The use of confinementor restrictive conditions, for a period longer
				than designated in the standard range recommendation, is a procedural departure
				from the guidelines.
(3) At Level C
				through Level H, the aggravated range recommendation is determined by adding
				the number of months of confinement designated below to the top of the standard
				range recommendations:
(i) Level C = 3
				months.
(ii) Level D = 6
				months.
(iii) Level E = 9
				months.
(iv) Level F = 12
				months.
(v) Level G = no aggravated
				range (standard range includes the statutory limit).
(vi) Level H = 24 months.
(4) As an example, when the top of the
				standard range recommendation is a minimum term of confinement of four months
				(Level C), the aggravated range recommendation is a minimum term of confinement
				of greater than four months up to and including a minimum term of confinement
				of seven months; when the top of the standard range recommendation is a minimum
				term of confinement of 60 months (Level E), the aggravated range recommendation
				is a minimum term of confinement of greater than 60 months up to and including
				a minimum term of confinement of 69 months.
(5) When the guideline sentence
				recommendation is higher than the statutory limit, the statutory limit shall be
				the upper limit of the aggravated range.