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
Universal Citation: 204 PA Code ยง 303a.5
Current through Register Vol. 54, No. 44, November 2, 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).
(b) Purposes of sentencing.
(1)
As provided in the Model Penal Code: Sentencing (Model Penal Code §1.02(2)), the
general purposes in decisions affecting the sentencing of persons include:
(i) To render sentences in all cases within a
range of severity proportionate to the gravity of offenses, the harm done to
victims, and the blameworthiness of persons; and
(ii) When reasonably feasible, to achieve
person rehabilitation, general deterrence, incapacitation of dangerous persons,
restitution to crimes victims, preservation of families, and reintegration of
persons into the law-abiding community, provided these goals are pursued within
the boundaries of proportionality.
(2) The sentencing guidelines provide a
system with a primary focus on retribution, but one which allows for the
fulfillment of other utilitarian sentencing purposes, including person
rehabilitation, general deterrence, incapacitation to protect the public, and
victim restoration.
(3) While the
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:
(i) Mandatory minimum sentencing provisions,
which when applicable supersede the offense-specific sentence
recommendations.
(ii) Diagnostic
evaluations of dependency on alcohol and other drugs and clinically prescribed
treatment.
(iii) 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.
(c) Sentencing levels and offense-specific sentence recommendations.
(1) Eight sentencing levels are associated
with standard range recommendations for dispositions and durations, to allow
for more consistent consideration of the authorized sentencing alternatives,
and to address mandates related to the adoption of guidelines for probation,
the use of restrictive conditions, and fines and community service. This also
allows for the consideration of the risk and needs of the person, and for the
use of sentencing and correctional programs.
(i) The sentencing levels increase in
severity from restorative sanctions (Level A) to total confinement in a State
facility (Level D through Level H, depending on the duration of the
recommendation).
(ii) Consistent
with retribution as the primary purpose of the guidelines, the increases in the
severity of the recommendations are proportionate with increases in the
seriousness of the offenses and the extent of the criminal history. The
sentencing levels provide a rational basis for the consideration of both
retributive and utilitarian purposes of sentencing.
(2)
Standard range
recommendations
(i) Standard range
recommendations, based on each combination of the OGS, assigned pursuant to §
303a.3 (relating to offense
gravity score), and the PRS, determined pursuant to §
303a.4 (relating to prior record
score), are provided in the sentencing matrix, located at §
303a.14 (relating to sentencing
matrix). The standard range serves as a common starting point for sentencing
and includes offense-specific sentence recommendations that apply to typical
circumstances.
(ii) The standard
range include specific recommendations, consistent with the sentencing level,
that address the disposition and duration of a sentence, as well as the
intensity of community supervision and the consideration of sentencing programs
and are intended to promote uniformity and proportionality of
sentencing.
(iii) When the
guideline sentence recommendation exceeds that permitted by
18 Pa.C.S. §§
1103 and
1104 (relating to sentence
of imprisonment for felony; and sentence of imprisonment for misdemeanors), the
guideline sentence recommendation is capped at the statutory limit. For the
purposes of the guidelines, the statutory limit is the longest legal minimum
sentence, which is one-half the maximum period allowed by law.
(iv) Treatment alternatives, including
medically assisted treatment and behavioral therapies when clinically
appropriate, may be considered to address substance use, behavioral health
issues, or developmental disorders or disability. The specialized jurisdiction
of problem-solving courts, as authorized by
42 Pa.C.S. §
916 (relating
to problem-solving courts), provide an avenue for the use of court-supervised
individualized treatment programs and services. Other treatment programs, such
as those described in §
303a.1(c)
(relating to preliminary provisions), may be considered:
(A) Probation with restrictive conditions,
including the use of clinically prescribed treatment, may be considered for
eligible persons in lieu of recommendations for confinement in a county
facility.
(B) Restrictive DUI
probation conditions may be used to satisfy the mandatory minimum sentencing
requirements for eligible persons.
(C) Persons committed to the Department may
be recommended or made eligible by the court for certain correctional programs,
including the State motivational boot camp program and the State drug treatment
program.
(3)
The sentencing levels and related standard range offense-specific sentence
recommendations are described below:
(i)
Level A, generally limited to restorative sanctions recommendations.
(A) The guidelines recommend consideration of
the use of restorative sanctions, including restitution, fines, community
service, or other authorized sanctions not requiring probation or confinement
or limited to administrative probation. The use of restorative sanctions at
this level, with a focus on reparations and restorative justice, supports the
utilitarian purpose of restoration.
(B) Restorative sanctions recommendations
include non-confinement and limited supervision alternatives such as:
(I) Guilt without further penalty when the
court determines probation would be appropriate but unnecessary.
(II) A fine, within the limits provided by
law, or any amount equal to double the pecuniary gain derived from the offense
by the person, or the use of community service as a non-monetary alternative,
as a restorative sanction may be ordered as a direct sentence or as a condition
of administrative probation, subject to the defendant's ability to pay. The
fines/community service guidelines, included with each guideline sentence
recommendation, provide a range of recommended community service hours; the
comparable fine is determined by multiplying the number of hours recommended by
the person's hourly wage, or by the current minimum wage.
(III)
Restitution as a mandatory
requirement. The court is required to order the person to compensate
the victim for damage or injury sustained because of the offense. Restitution
as a restorative sanction may be ordered as a direct sentence, or upon
consideration of the defendant's ability to pay, as a condition of
administrative probation.
(IV)
Administrative probation in limited circumstances as necessary to fulfill
court-ordered obligations for a period not to exceed six
months.
(ii)
Level B, limited to probation recommendations.
(A) The guidelines recommend consideration of
the use of probation to provide community supervision with the minimal control
necessary to fulfill court-ordered obligations. The use of probation at this
level, with consideration of restorative sanctions, supports the utilitarian
purposes of rehabilitation and restoration.
(B) Probation recommendations include:
(I) The use of general probation, not to
exceed two years and as provided, with general conditions; and the
consideration of fines/community service or other restorative sanctions as
general conditions of general probation.
(II) The use of probation, not to exceed two
years and as designated, with restrictive conditions for a period less than
three months and as designated (RC) for persons with greater criminal history,
to increase the intensity of supervision and services; and the consideration of
fines/ community service or other restorative sanctions as general conditions
of probation.
(iii) Level C, limited to confinement in a
county facility, while providing for the use of probation with restrictive
conditions as an alternative when eligible and appropriate.
(A) The guidelines recommend consideration of
confinement in a county facility, or an equivalent period of restrictive
conditions of probation, with the court retaining jurisdiction of the case. The
use of county confinement with the court authorized to consider county programs
and county parole, or in the alternative, the court having the discretion to
use probation with restrictive conditions to provide community supervision
and/or treatment, supports multiple utilitarian purposes including deterrence,
rehabilitation, and restoration.
(B) Confinement recommendations include:
(I) The use of confinement 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 on the community, and the rehabilitative
needs of the person.
(II) The use
of confinement in a county facility, with a minimum term less than 12 months
and as designated, and a maximum term of less than 24 months; with the court
authorized to consider a county reentry program or partial release program as
provided in §
303a.1(c), and
county parole pursuant to
42 Pa.C.S. §
9776
(relating to judicial power to release inmates).
(III) Unless otherwise designated, the range
of months in the standard range refers to the recommended minimum term of
confinement.
(C)
Probation with restrictive conditions recommendations include:
(I) Consideration of the eligibility
requirements, as provided in §
303a.1(c), for
the use of county intermediate punishment programs as restrictive conditions of
probation.
(II) The use of
probation, not to exceed two years and as designated, with restrictive
conditions for a period less than 12 months and as designated (RC) for persons
with greater criminal history, to increase the intensity of supervision and
services; and the consideration of fines/ community service or other
restorative sanctions as general conditions of probation.
(III) Unless otherwise designated, the range
of months in the standard range refers to the recommended period of restrictive
conditions.
(iv) Level D, while recommending confinement
in a State facility, provides for confinement in a county facility when
authorized by statute or the use of probation with restrictive conditions when
eligible and appropriate.
(A) The guidelines
recommend consideration of confinement in a State facility with consideration
of certain correctional programs; or if authorized by statute, confinement in a
county facility, with the court authorized to consider county programs and
county parole; or the use of probation with restrictive conditions as an
alternative to or in combination with confinement in a county facility to
provide community supervision and/or treatment. The use of confinement, with
consideration of sentencing and correctional programs, supports multiple
utilitarian purposes including incapacitation, deterrence, rehabilitation, and
restoration.
(B) Confinement
recommendations include:
(I) The use of
confinement 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 on the
community, and the rehabilitative needs of the person.
(II) The use of confinement in a State
facility, with a minimum term of 12 months or more but less than 30 months and
as provided in
42 Pa.C.S. §
9762
(relating to sentencing proceeding; place of confinement), and a maximum term
of less than 60 months; with the court authorized to determine the eligibility
and appropriateness of specified Department programs as provided in §
303a.1(c); and
with parole authority under the jurisdiction of the Board pursuant to
61 Pa.C.S. §
6132
(relating to specific powers of board involving offenders).
(III) The use of confinement in a county
facility, with a minimum term of 12 months or more but less than 30 months and
as provided in
42 Pa.C.S. §
9762, and a
maximum term of less than 60 months; with the court authorized to consider a
county reentry program or partial release program as provided in §
303a.1(c), and
county parole pursuant to
42 Pa.C.S. §
9776.
(IV) Unless otherwise designated, the range
of months in the standard range refers to the recommended minimum term of
confinement.
(v) Level E, limited to confinement in a
State facility.
(A) The guidelines recommend
consideration of confinement in a State facility with consideration of certain
correctional programs. While rehabilitation and restoration are under
consideration at all levels, the primary utilitarian purposes of confinement at
Level E are incapacitation and deterrence.
(B) Confinement recommendations include:
(I) The use of confinement 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 on the community, and the rehabilitative
needs of the person.
(II) The use
of confinement in a State facility, with a minimum term of 30 months or more
recommended, including consideration of the statutory limit for PRS 4, with the
maximum term at least double the minimum term as provided in
42 Pa.C.S. §
9756
(relating to sentence of total confinement); with the court authorized to
determine the eligibility and appropriateness of specified Department programs
as provided in §
303a.1(c); and
with parole authority under the jurisdiction of the Board pursuant to
61 Pa.C.S. §
6132.
(III) Unless otherwise designated, the range
of months in the standard range refers to the recommended minimum term of
confinement.
(vi) Level F, limited to confinement in a
State facility for offenses with a statutory maximum greater than 20 years.
(A) The guidelines recommend consideration of
confinement in a State facility with consideration of certain correctional
programs. While rehabilitation and restoration are under consideration at all
levels, the primary utilitarian purposes of confinement at Level F are
incapacitation and deterrence.
(B)
Confinement recommendations include:
(I) The
use of confinement 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 on the
community, and the rehabilitative needs of the person.
(II) The use of confinement in a State
facility, with a minimum term of 90 months or more recommended, including
consideration of the statutory limit for PRS 4, with a maximum term at least
double the minimum term as provided in
42 Pa.C.S. §
9756; with
the court authorized to determine the eligibility and appropriateness of
specified Department programs as provided in §
303a.1(c); and
with parole authority under the jurisdiction of the Board pursuant to
61 Pa.C.S. §
6132.
(III) Unless otherwise designated, the range
of months in the standard range refers to the recommended minimum term of
confinement.
(vii) Level G, limited to confinement in a
State facility for the offense of murder of the third degree, which has a
statutory maximum of 40 years.
(A) The
guidelines recommend consideration of confinement in a State facility with
consideration of certain correctional programs. While rehabilitation and
restoration are under consideration at all levels, the primary utilitarian
purposes of confinement at Level G are incapacitation and deterrence.
(B) Confinement recommendations include:
(I) The use of confinement 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 on the community, and the rehabilitative
needs of the person.
(II) The use
of confinement in a State facility, with a minimum term standard range
recommendation of no less than 72 months and including the statutory limit of
240 months; with a maximum term at least double the minimum term as provided in
42 Pa.C.S. §
9756; with
the court authorized to determine the eligibility and appropriateness of
specified Department programs as provided in §
303a.1(c); and
with parole authority under the jurisdiction of the Board pursuant to
61 Pa.C.S. §
6132.
(III) Because of the wide range of
circumstances contributing to convictions for murder of the third degree, the
Commission has provided an extraordinarily wide standard range for
consideration by the court, with a lower limit of 72 months and an upper limit
of 240 months, which is the statutory limit. An enhancement, which increases
the lower limit to 90 months, applies when the victim is less than 13 years of
age. To refine future guidelines and promote greater proportionality and
uniformity in sentencing, the Commission requires the court to report reasons
for all sentences imposed for murder of the third degree.
(IV) Unless otherwise designated, the range
of months in the standard range refers to the recommended minimum term of
confinement.
(viii) Level H, limited to confinement in a
State facility for the offenses of murder of the first degree and murder of the
second degree.
(A) Level H includes
convictions for which the penalty is the same as the penalty for murder of the
first degree or murder of the second degree, including but not limited to:
(I)
18 Pa.C.S. §
2507
(relating to criminal homicide of law enforcement officer).
(II)
18 Pa.C.S. §
2604
(relating to murder of unborn child).
(III)
18 Pa.C.S. §
2716
(relating to weapons of mass destruction).
(IV)
18 Pa.C.S. §
3301
(relating to arson and related offenses).
(B) The following three age categories apply:
(I) Persons 18 years of age or older at the
time of the offense;
(II) Persons
15 years of age or older but less than 18 years of age at the time of the
offense; and
(III) Persons 10 years
of age or older but less than 15 years of age at the time of the
offense.
(C) If person is
under 18 years of age at the time of the offense and the conviction occurred
after June 24, 2012, the court shall consider the recommendations provided in
Level H. The court has no authority to impose a sentence less than that
required by the mandatory minimum provision established in statute and may
impose a minimum sentence up to and including life (18 Pa.C.S. §
1102.1 (relating to sentence of persons under
the age of 18 for murder, murder of an unborn child and murder of a law
enforcement officer)).
(D) The
statute requires confinement in a State facility, and the mandatory minimum
requirements provide the lower limit of the recommendations in Level H, with
recommendations increasing based on criminal history. While rehabilitation and
restoration are under consideration at all levels, the primary utilitarian
purposes of confinement at Level H are incapacitation and deterrence.
(E) Confinement recommendations include:
(I) The use of confinement 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 on the community, and the rehabilitative
needs of the person.
(II) The use
of confinement in a State facility, for those under 18 years of age at the time
of the offense, considers the mandatory minimum sentencing requirements and
criminal history in determining the minimum sentence recommendation. The
maximum sentence authorized by statute is life, including life without the
possibility of parole (LWOP), but excluding the death penalty. When sentenced
to a minimum term of less than LWOP, parole authority is under the jurisdiction
of the Board pursuant to
61 Pa.C.S. §
6132.
(III) The use of confinement in a State
facility, for those 18 years or age or older at the time of the offense,
penalties are limited to LWOP or death.
(F) Unless otherwise designated, the range of
months in the standard range refers to the recommended minimum term of
confinement.
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