Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part VIII - CRIMINAL SENTENCING
Chapter 303a - SENTENCING GUIDELINES, 8TH EDITION
Section 303a.4 - Prior record score
Universal Citation: 204 PA Code ยง 303a.4
Current through Register Vol. 54, No. 44, November 2, 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).
(b) Procedure for identifying previous offenses.
(1) Identify prior offenses for which the
person was adjudicated delinquent or convicted prior to the date of the current
offense. The prosecution has the burden of proof in determining previous
adjudications and convictions based on a preponderance of the
evidence.
(2) Juvenile
adjudications-consider only the most serious offense for which the person was
adjudicated delinquent from each prior juvenile disposition hearing that meets
the following criteria:
(i) the juvenile
offense occurred on or after the person's 14th birthday but prior to the
person's 16th birthday and there was an express finding by the juvenile court
that the adjudication was for a POG4 offense; or
(ii) the juvenile offense occurred on or
after the person's 16th birthday and there was an express finding by the
juvenile court that the adjudication was for a POG2, POG3 or POG4
offense.
(3) Adult
convictions (including juvenile transfers)- consider every offense for which
the person was convicted.
(4)
Excluded prior offenses.
(i) Exclude prior
adjudications or convictions for offenses that contribute to an increase in the
grade or maximum penalty of a subsequent adjudication or conviction.
(ii) Prior DUI convictions shall not be
considered in determining the PRS for any DUI sentence
recommendation.
(iii) Exclude
lapsed previous adjudication and conviction offenses as set forth in paragraph
(c).
(5) Determine the
seriousness of previous adjudications and convictions based on the prior
offense groups (POG).
(c) Lapsing of previous offenses.
(1) Exclude prior adjudications or
convictions for offenses as set forth below.
(2)
Juvenile adjudications:
(i) At 25 years of age, remove prior
adjudications (decay) for POG2 offenses.
(ii) Following completion of a 10-year
crime-free period since the last adjudication or conviction (gap):
(A) remove prior adjudications for POG3
offenses.
(B) remove prior
adjudications for POG4 offenses by persons 14 years of age or older but less
than 16 years of age at the time of the juvenile offense.
(iii) Following completion of a 15-year
crime-free period since the last adjudication or conviction (gap), remove prior
adjudications for POG4 offenses by persons 16 years of age or older at the time
of the juvenile offense.
(3)
Adult convictions:
(i) Following completion of 10 years since
the conviction date of the offense (decay), remove prior convictions for POG1
offenses.
(ii) Following completion
of a 15-year crime-free period since release from confinement (gap), remove
prior convictions for POG2 and POG3 offenses.
(iii) Following completion of a 25-year
crime-free period since release from confinement (gap), remove prior
convictions for POG4 offenses.
(d) Procedure for determining the prior record score category.
(1)
Based on the offenses identified and excluding those removed through lapsing,
select the prior offense group based on the most serious prior adjudication or
conviction offense.
(2) count the
number of prior adjudication or conviction offenses contained in that prior
offense group.
(3) Determine the
PRS category based on the number of previous adjudications and convictions in
the prior offense group, as provided in § 303a.13:
(i)
PRS 4. The category
includes offense specific sentence recommendations that contain the statutory
limit at Level e and higher, with the category defined by two or more previous
crimes of violence.
(ii)
PRS 3. The category includes offense-specific sentence
recommendations of confinement that are generally no more than double the base
recommendation, with the category defined by:
(A) One previous crime of violence;
or
(B) Two or more previous serious
crimes; or
(C) Three or more
previous felonies (excluding crimes of violence and serious
crimes).
(iii)
PRS 2. The category is defined by:
(A) One previous serious offense;
or
(B) No more than two previous
felonies (excluding crimes of violence and serious crimes); or
(C) Three or more previous misdemeanors
(excluding serious crimes).
(iv)
PRS 1. The category is
defined by:
(A) No more than two previous
misdemeanors (excluding serious crimes).
(v)
PRS 0. The category
includes offense-specific sentence recommendations that serve as the base
recommendations, with the category defined by:
(A) No previous adjudications or convictions;
or
(B) Previous adjudications or
convictions that have lapsed.
(e) Miscellaneous provisions.
(1)
Adequacy of
prior record score. The court may consider at the time of sentencing
prior adjudications or convictions not counted in the calculation of the PRS,
including lapsed offenses, and other factors deemed appropriate by the
court.
(2) When a previous
adjudication or conviction offense was committed over a range of dates, the
later date shall be used to determine if the prior offense meets the criteria
in paragraph (b)(1) for determining the PRS.
(3) Unless otherwise provided, the
classification of a previous adjudication or conviction for an inchoate offense
or an offense with classification associated with an associated or underlying
offense is used to determine the prior offense group.
(4) When a previous adjudication or
conviction offense was misclassified, the classification of the current
equivalent Pennsylvania offense is used to determine the prior offense
group.
(5)
Former
Pennsylvania offenses.
(i) For a
previous adjudication or conviction offense under a former Pennsylvania law,
the classification of the current equivalent Pennsylvania offense is used to
determine the prior offense group.
(ii) Incomplete information.
(A) When there is no current equivalent
Pennsylvania offense, the classification of the previous adjudication or
conviction offense is used to determine the prior offense group.
(B) When the previous adjudication or
conviction offense was a felony, but the grade of the felony is unknown, it
shall be treated as a felony of the third degree. When the previous
adjudication or conviction offense was for a misdemeanor, but the grade of the
misdemeanor is unknown, it shall be treated as a misdemeanor of the third
degree.
(C) When the classification
of the previous adjudication or conviction offense cannot be determined, it
shall be treated as a misdemeanor of the third degree.
(D) When the previous adjudication or
conviction is for an offense which includes a summary classification, and the
classification of the previous adjudication or conviction offense is unknown,
it shall not be included in the PRS.
(6)
Out-of-State, Federal or foreign
offenses.
(i) For a previous
adjudication or conviction for an out-of-State, Federal or foreign offense, the
classification of the current equivalent Pennsylvania offense is used to
determine the prior offense group.
(ii) For a court-martial for a criminal
offense under the Uniform Code of Military Justice, which is considered a
Federal conviction, the classification of the current equivalent Pennsylvania
offense is used to determine the prior offense group.
(iii) Non-judicial punishments or
administrative actions (e.g., Article 15, Article 134) which are not
convictions shall not be included in the PRS.
(iv) When there is no current equivalent
Pennsylvania offense, the classification of the previous adjudication or
conviction offense, based on the maximum sentence authorized for the
out-of-state, federal or foreign offense, is used to determine the prior
offense group.
(7)
Excluded offenses, charges, and convictions. The following
types of offenses, charges, and convictions shall not be scored in the PRS:
(i) Summary offenses, violations of local
ordinances, direct or indirect contempt of court, violation of protection from
abuse orders, and dispositions under Pa.R.Crim.P. Rules 234 Pa. Code Chapter 3
(relating to accelerated rehabilitative disposition), section 17 of The
Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §
780-117) regarding probation without verdict
or section 18 of The Controlled Substance, Drug, Device and Cosmetic Act
(35
P.S. §
780-118) regarding disposition in lieu
of trial or criminal punishment.
(ii) A charge which is nolle prossed,
dismissed, or on which a demurrer is sustained.
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