Current through Register Vol. 54, No. 44, November 2, 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.
(d)
Mitigated ranges. When
the court determines that mitigating circumstances are present, the court may
consider the mitigated range of the sentencing guidelines. The mitigated range
is determined by subtracting the designated number of months listed on the
sentencing matrix (AGG/MIT column), located in § 303a.14, from the bottom of
the standard range recommendation as follows:
(1) At Level A, there is no mitigated range,
since the bottom of the standard range is restorative sanctions, which excludes
general probation.
(2) At Level B,
the mitigated range is determined by subtracting six months of general
probation from the standard range recommendation. When the standard range
recommendation is 6 months of general probation, the mitigated range
recommendation is RS or any period of general probation less than 6 months;
when the standard range recommendation is 24 months of general probation, the
mitigated range recommendation is any period of general probation of 18 months
or greater but less than 24 months of general probation. When the standard
range recommendation is a minimum of one month restrictive conditions (RC), the
mitigated range recommendation of RC is no RC to less than one month
RC.
(3) At Level C through Level H,
the mitigated range recommendation is determined by subtracting the number of
months of confinement designated below from the bottom 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 = 12
months.
(vi) Level H = 24
months.
(4) As an
example, when the bottom of the standard range recommendation is a minimum term
of confinement of 3 months or less (Level C), the mitigated range
recommendation is RS; when the bottom of the standard range recommendation is a
minimum term of confinement of 60 months (Level E), the mitigated range
recommendation is a minimum term of confinement of 51 months or greater but
less than 60 months.
(5) When the
guideline sentence recommendation is lower than the sentence required by a
mandatory sentencing statute, the mandatory minimum sentence shall be the lower
limit of the mitigated range.
(e)
Departures from the
guidelines. Any sentence imposed with a disposition or duration more
severe than the aggravated range recommendation is considered a departure above
the guidelines. Any sentence imposed with a disposition or duration less severe
that the mitigated range recommendation is considered a departure below the
guidelines. Any sentence imposed without consideration of applicable guideline
sentencing standards, such as completion of a diagnostic assessment for use of
certain restrictive conditions of probation, is considered a procedural
departure.
(f)
Reasons for
sentence.
(1) When the court imposes
a sentence for murder of the third degree, or imposes a sentence in the
aggravated or mitigated range, or imposes a sentence that is a departure from
the guidelines, the court shall state on the record and report to the
Commission a reason or reasons for the sentence. the court may consider, but is
not limited to the following:
(i) Nature and
circumstances of the offense:
(A) Neither
caused nor threatened serious harm.
(B) Conduct substantially influenced by
another person.
(C) Acted under
strong provocation.
(D) Substantial
grounds to justify conduct.
(E)
Role in offense.
(F) Purity of
controlled substance.
(G) Abuse of
position of trust.
(H)
Vulnerability of victim.
(I)
Temporal pattern.
(J) Offense
pattern.
(K) Multiple offenses in a
criminal incident.
(ii)
History and character of the person:
(A) No
history of criminal conduct.
(B)
Substantial period of law-abiding behavior.
(C) Circumstances unlikely to
recur.
(D) Likely to respond
affirmatively to probation.
(E)
Imprisonment would entail excessive hardship.
(F) Accepts responsibility.
(G) Provides substantial
assistance.
(H) Compensated victim
or community.
(I) Character and
attitude.
(J) Treatment for
substance abuse, behavioral health issues, or developmental disorders or
disability.
(2)
Unless otherwise prohibited by statute, the consideration of validated
assessments of risk, needs and responsivity, or clinical evaluations may be
considered to guide decisions related to the intensity of intervention, use of
restrictive conditions, and duration of community supervision.
(3) Adequacy of the prior record score. The
court may consider at sentencing prior convictions, juvenile adjudications, or
dispositions not counted in the calculation of the PRS, in addition to other
factors deemed appropriate by the court.
(g)
Reporting of reasons.
When the court imposes a sentence for murder of the third degree, or imposes an
aggravated or mitigated sentence, or imposes a sentence that is a departure
from the guidelines, the court shall include the reasons on the guideline
sentence form, and electronically transmit the information to the Commission in
the manner described §
303a.2 (relating to guideline
sentencing standards).
