Current through Register Vol. 54, No. 44, November 2, 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.
(b)
Sentencing levels. The sentencing level is based on the
standard range of the sentencing recommendation. Refer to §
303.9 to determine which sentence
recommendation (i.e.-Basic, Enhancement) applies. When the individual or
aggregate minimum sentence recommendation includes confinement in a county
facility, the court should consider the guidelines to determine the
appropriateness and eligibility for probation with restrictive conditions as
described in §
303.12(a) and
county reentry as described in §
303.12(f)(1).
When the individual or aggregate minimum sentence recommendation includes
confinement in a state facility, the court should consider the guidelines to
determine the appropriateness and eligibility for certain correctional
programs, including State Motivational Boot Camp, State Drug Treatment Program,
Recidivism Risk Reduction Incentive Program and Short Sentence Parole as
described in §
303.12(b)-(e).
The descriptions of the five sentencing levels are as follows:
(1)
Level 1-Level 1 provides
sentence recommendations for the least serious offenders with no more than one
prior misdemeanor conviction, such that the standard range is limited to
non-confinement sentencing recommendations as provided in §
303.9(f). The
primary purpose of this level is to provide the minimal control necessary to
fulfill court-ordered obligations.
(2)
Level 2-Level 2 provides
sentence recommendations for generally non-violent offenders and those with
numerous less serious prior convictions, such that the standard range requires
a county sentence but permits both non-confinement sentencing recommendations
as provided in §
303.9(f) and
confinement sentencing recommendations served in a county facility as provided
in §
303.9(e)(2), (3) and
(4). The standard range is defined as having
an upper limit of less than 12 months and a lower limit of Restorative
Sanctions (RS). The primary purposes of this level are control over the
offender and restitution to victims. Treatment is recommended for drug
dependent offenders.
(3)
Level 3-Level 3 provides sentence recommendations for serious
offenders and those with numerous prior convictions, such that the standard
range requires confinement sentencing recommendations as provided in §
303.9(e), but in
all cases permits a county sentence. The standard range is defined as having a
lower limit of incarceration of less than 12 months. Included in Level 3 are
those offenses for which a mandatory minimum sentence of 12 months or less
applies and for which the use of restrictive DUI probation conditions as
provided in §
303.9(e)(4)(i)
is authorized by statute. The primary purposes of this level are retribution
and control over the offender. If eligible, treatment is recommended for drug
dependent offenders in lieu of incarceration.
(4)
Level 4-Level 4 provides
sentence recommendations for very serious offenders and those with numerous
prior convictions, such that the standard range requires confinement sentencing
recommendations as provided in §
303.9(e) but
permits it to be served in a county facility as provided in §
303.9(e)(2)(i).
The standard range is defined as having a lower limit of incarceration of 12
months or greater but less than 30 months, but limited to offenses with an
Offense Gravity Score of less than 9. Included in Level 4 are those offenses
for which a mandatory minimum sentence of less than 30 months applies and for
which the use of restrictive DUI probation conditions as provided in §
303.9(e)(4)(i)
and certain correctional programs as provided in §
303.12 are authorized by statute.
The primary purposes of the sentencing options at this level are punishment and
incapacitation. However, it is recognized that certain offenders at this level
may benefit from drug and alcohol treatment. If eligible, sentencing and
correctional programs provided in §
303.12 are recommended for drug
dependent offenders.
(5)
Level 5-Level 5 provides sentence recommendations for the most
violent offenders and those with major drug convictions, such that the
conviction has an Offense Gravity Score of 9 or greater and requires a
confinement sentence recommendations as provided in §
303.9(e), or the
standard range requires a confinement sentence recommendations in a state
facility as provided in §
303.9(e)(1). The
standard range in such a case is defined as having a lower limit of 12 months
or greater. Included in Level 5 are those offenses for which a mandatory
minimum sentence of 30 months or greater applies and for which the use of
restrictive DUI probation conditions as provided in §
303.9(e)(4)(i)
and certain correctional programs as provided in §
303.12 are authorized by statute.
The primary purposes of the sentencing options at this level are punishment
commensurate with the seriousness of the criminal behavior and incapacitation
to protect the public. If eligible, sentencing and correctional programs
provided in §
303.12 are recommended for drug
dependent offenders.
This section cited in 204 Pa. Code §
303.2 (relating to procedure for
determining the guideline sentence); 294 Pa. Code §
303.12 (relating to guideline
sentence recommendations: sentencing and correctional programs); and 204 Pa.
Code §
307.4 (relating to guideline
resentence recommendations).
