THE GENERAL ASSEMBLY
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
COMMISSION ON SENTENCING
PART VIII. CRIMINAL SENTENCING
[204 PA. CODE CHS. 307 AND 307a]
Adopted Resentencing Guidelines, Amendment 2; Adopted New Resentencing Guidelines for 8th Edition Sentencing Guidelines
[53 Pa.B. 5470]
[Saturday, August 26, 2023]On January 7, 2023, the Pennsylvania Commission on Sentencing (Commission) published at 53 Pa.B. 256 (January 7, 2023) proposed Resentencing Guidelines, Amendment 2, 204 Pa. Code §§ 307.1—307.4, for use with the 7th Edition Sentencing Guidelines; and proposed new Resentencing Guidelines, 204 Pa. Code §§ 307a.1—307a.4, for use with the 8th Edition Sentencing Guidelines; and requested public comment.
Six public hearings were held:
February 8, 2023 (Philadelphia)
February 17, 2023 (Easton)
February 22, 2023 (Pittsburgh)
February 27, 2023 (PA DOC via Zoom, limited to testimony from incarcerated individuals)
March 2, 2023 (Erie)
March 8, 2023 (Harrisburg and via Zoom)
On March 9, 2023, the Commission adopted Amendment 2 of the Resentencing Guidelines, relabeled the Resentencing Guidelines for the 7th Edition Sentencing Guidelines, 204 Pa. Code §§ 307.1—307.4; and adopted new Resentencing Guidelines for the 8th Edition Sentencing Guidelines, 204 Pa. Code §§ 307a.1—307a.4, which are hereby submitted to the General Assembly for review by way of publication in the Pennsylvania Bulletin. Resentencing Guidelines for the 7th Edition Sentencing Guidelines are reserved for reference in Chapter 307; Resentencing Guidelines for the 8th Edition Sentencing Guidelines are set forth in Chapter 307a.
The Resentencing Guidelines for the 7th Edition Sentencing Guidelines become effective 90 days after publication unless rejected by concurrent resolution of the General Assembly; apply to all resentences following revocation of probation for sentences imposed under the 7th Edition Sentencing Guidelines; and are applicable to offenses committed on or after January 1, 2020, but prior to January 1, 2024. The Resentencing Guidelines for the 8th Edition Sentencing Guidelines become effective 90 days after publication unless rejected by concurrent resolution of the General Assembly; apply to all resentences following revocation of probation for sentences imposed under the 8th Edition Sentencing Guidelines; and are applicable to offenses committed on or after January 1, 2024.
Resentencing Guidelines for the 7th Edition Sentencing Guidelines, as adopted by the Commission, are summarized as follows, and set forth in Annex A. Resentencing Guidelines for the 8th Edition Sentencing Guidelines, as adopted by the Commission, are summarized as follows, and set forth in Annex B.
JUDGE TAMARA R. BERNSTEIN,
ChairCommentary on Annex A
On March 9, 2023, the Commission adopted Amendment 2 of the Resentencing Guidelines, relabeled the Resentencing Guidelines for the 7th Edition Sentencing Guidelines, 204 Pa. Code §§ 307.1—307.4. Resentencing Guidelines for the 7th Edition Sentencing Guidelines are reserved for reference in Chapter 307.
The adopted amendment to Chapter 307 limits the application of this Chapter to resentencing guidelines for probation sentences imposed under the 7th Edition Sentencing Guidelines and subsequently revoked.
Description of Amendments
Provided as follows is a description of each section of the adopted Resentencing Guidelines for the 7th Edition Sentencing Guidelines. The adopted amendment to Chapter 307 is set forth in Annex A.
§ 307.1. Preliminary provisions
Amendments to this section include editorial changes to several definitions, including inserting common abbreviations and amending the references to the 7th Edition Sentencing Guidelines.
§ 307.2. Resentencing guidelines standards
Amendments include an editorial change to the title of the section, amending the references to the 7th Edition Sentencing Guidelines, modifying the description of the effective dates of the amendments to the resentencing guidelines, and linking the resentencing guidelines to the corresponding amendment of the 7th Edition Sentencing Guidelines.
§ 307.3. Procedure for determining resentencing guidelines
Amendments include an editorial change to the title of the section.
§ 307.4. Resentencing guidelines recommendations
Amendments include an editorial change to the title of the section and amending the reference to the 7th Edition Sentencing Guidelines.
Effective Date
Resentencing Guidelines for the 7th Edition Sentencing Guidelines shall become effective January 1, 2024, and apply to all offenses committed on or after January 1, 2020, but prior to January 1, 2024, unless disapproved by the General Assembly, pursuant to 42 Pa.C.S. § 2155(b) (relating to publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation).
Resource Utilization
Prior to the adoption of amendments to the resentencing guidelines, the Commission is required to use a correctional population simulation model to determine the resources that are required under current guidelines and the resources that would be required to carry out any proposed amendments to the guidelines. 42 Pa.C.S. § 2153(a)(15) (relating to powers and duties of commission).
Amendment 2 of the Resentencing Guidelines, relabeled the Resentencing Guidelines for the 7th Edition Sentencing Guidelines, is a technical change to limit the application of the initial Resentencing Guidelines, effective January 1, 2020, to revocations of probation ordered under Amendment 5 of the 7th Edition Sentencing Guidelines; and to limit the application of Amendment 1 of the Resentencing Guidelines, effective January 1, 2021, to revocations of probation ordered under Amendment 6 of the 7th Edition Sentencing Guidelines.
Amendment 2 of the Resentencing Guidelines addresses offenses committed prior to January 1, 2024, and make no amendments to the recommendations. Therefore, there is no change in the resources that would be required to carry out the adopted Resentencing Guidelines for the 7th Edition Sentencing Guidelines.
Commentary on Annex B
On March 9, 2023, the Commission adopted new Resentencing Guidelines for the 8th Edition Sentencing Guidelines, 204 Pa. Code §§ 307a.1—307a.4. Resentencing Guidelines for the 8th Edition Sentencing Guidelines are set forth in Chapter 307a.
The adopted addition of Chapter 307a limits the application of this new chapter to resentencing guidelines for probation sentences imposed under the 8th Edition Sentencing Guidelines and subsequently revoked.
Description of Amendments
Provided as follows is a description of each section of the adopted Resentencing Guidelines for the 8th Edition Sentencing Guidelines. The adopted new Chapter 307a is set forth in Annex B.
§ 307a.1. Preliminary provisions
This section includes authorization and definitions related to the application of resentencing guidelines for revocations of orders of probation imposed under the 8th Edition Sentencing Guidelines. Certain definitions provided in the proposed resentencing guidelines are amended and other definitions added to conform with definitions adopted in the 8th Edition Sentencing Guidelines.
§ 307a.2. Resentencing guidelines standards
This section includes standards for the application of resentencing guidelines for revocations of orders of probation imposed under the 8th Edition Sentencing Guidelines, as well as providing the effective dates of the resentencing guidelines. Reporting requirements provided in the proposed resentencing guidelines are amended to conform with the reporting requirements adopted in the 8th Edition Sentencing Guidelines.
§ 307a.3. Procedure for determining resentencing guidelines
This section includes the procedures for determining the resentence recommendation for technical violations and conviction violations for revocations of orders of probation imposed under the 8th Edition Sentencing Guidelines.
§ 307a.4. Resentencing guidelines recommendations
This section provides general recommendations for consideration at resentencing. Resentencing recommendations provided in the proposed resentencing guidelines are amended to conform with the sentencing recommendations adopted in the 8th Edition Sentencing Guidelines.
Effective Date
Resentencing Guidelines for the 8th Edition Sentencing Guidelines shall become effective January 1, 2024, and apply to all offenses committed on or after January 1, 2024, unless disapproved by the General Assembly, pursuant to 42 Pa.C.S. § 2155(b).
Resource Utilization
Prior to the adoption of amendments to the resentencing guidelines, the Commission is required to use a correctional population simulation model to determine the resources that are required under current guidelines and the resources that would be required to carry out any proposed amendments to the guidelines. 42 Pa.C.S. § 2153(a)(15).
The new Resentencing Guidelines for the 8th Edition Sentencing Guidelines follow a procedure similar to that employed in the Resentencing Guidelines for the 7th Edition Sentencing Guidelines: for a technical violation resulting in a revocation of probation, the resentencing guidelines are the same as initial sentencing guidelines, with consideration given to any service of the original sentence; for a conviction violation resulting in a revocation of probation, the resentencing guidelines reflect a one-step increase in the OGS of the initial sentencing guidelines. However, since the resource utilization of the underlying 8th Edition Sentencing Guidelines has been found to be less than that of the 7th Edition Sentencing Guidelines, the same would be expected of the new Resentencing Guidelines for the 8th Edition Sentencing Guidelines.
The new Resentencing Guidelines for the 8th Edition Sentencing Guidelines address offenses committed on or after January 1, 2024, with recommendations linked to the new 8th Edition Sentencing Guidelines. The resources required to carry out the 8th Edition Sentencing Guidelines are projected to include a 15.9% reduction in the use of State confinement; a 29.8% reduction in the use of county confinement; and a 21.8% reduction in the use of probation; offset by significant increases in the use of restorative sanctions. Therefore, the resources that would be required to carry out the adopted Resentencing Guidelines for the 8th Edition Sentencing Guidelines would follow this trend and be lower than those required by the Resentencing Guidelines for the 7th Edition Sentencing Guidelines.
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCING
CHAPTER 307. RESENTENCING GUIDELINES[, AMENDMENT 1] FOR 7TH EDITION SENTENCING GUIDELINES § 307.1. Preliminary provisions.
(a) Authorization.
(1) As authorized by 42 Pa.C.S. § 2154.4 (relating to adoption of guidelines for resentencing), the Commission shall adopt guidelines that shall be considered by the court when resentencing [an offender] a person following the revocation of probation.
(2) The Resentencing Guidelines shall take into account:
(i) factors considered in adopting the sentencing guidelines;
(ii) the seriousness of the violation; and
(iii) the rehabilitative needs of the defendant.
(b) Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
''Commission.'' Pennsylvania Commission on Sentencing. A criminal justice agency of the General Assembly authorized to adopt and implement a sentence risk assessment instrument and guidelines for sentencing and resentencing to be considered by the court, and guidelines for parole and recommitment ranges following revocation to be considered by the Pennsylvania Parole Board.
''Conviction.'' A finding of guilty or the entering of a plea of guilty or nolo contendere for a misdemeanor or felony in a court, whether or not judgement of sentence has been imposed.
''Conviction violation.'' Commission of a new offense during the period of probation, resulting in a conviction for a misdemeanor or felony, whether or not judgement of sentence has been imposed.
''Court.'' [A court of record] Unless otherwise provided, a court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof, or any magisterial district judge.
''Judicial proceeding.'' A sentencing hearing in which all offenses for which the [offender] person is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple OTNs.
''[Offense] OGS—offense gravity score [(OGS)].'' An assignment in the sentencing guidelines reflecting the seriousness of a conviction offense (see: 204 Pa. Code [§ 303.3 and § 303.15] Chapter 303 (relating to sentencing guidelines, 7th edition)).
''[Offense] OTN—offense tracking number [(OTN)].'' A unique identifying number assigned to an entire set of charges related to a conviction. An OTN is generally assigned by the court at the time of arraignment.
[''Prior record score (PRS).'' A category in the sentencing guidelines reflecting the seriousness of the criminal history of an offender (see: 204 Pa. Code § 303.3 and § 303.15).]
''PRS—prior record score.'' A category in the sentencing guidelines reflecting the seriousness of the criminal history of a person (see: 204 Pa. Code Chapter 303).
''Probation.'' A sentencing alternative as provided in 42 Pa.C.S. § 9722 (relating to order of probation) and imposed pursuant to 42 Pa.C.S. § 9754 (relating to order of probation); conditions of probation, pursuant to 42 Pa.C.S. § 9763 (relating to conditions of probation), include conditions generally subsection (b), restrictive DUI probation conditions subsection (c), and restrictive conditions of probation subsection (d).
''Resentence.'' A new sentence imposed following the revocation of probation. Upon revocation, the sentencing alternatives available to the court shall be the same as were available at the time of the initial sentence, due consideration given to time spent serving the order of probation.
''Revocation.'' The termination of an order of probation, upon proof of a violation of specific conditions of the order or sentence, as provided in 42 Pa.C.S. §§ 9771 and 9771.1 (relating to modification or revocation of order of probation; and court-imposed sanctions for violating probation).
''Risk assessment instrument.'' An empirically based worksheet which uses factors that are relevant in predicting recidivism. A risk assessment instrument is often identified with a specific 'generation' of development:
1st generation. ''Professional judgment,'' with assessments based on training and experience;2nd generation. ''Risk assessment,'' an actuarial assessment of static criminal justice and demographic factors used to estimate risk of re-offense;3rd generation. ''Risk-needs assessment (RNA),'' an actuarial assessment of static and dynamic factors and changing circumstances, such as relationships, employment, and substance abuse, used to estimate risk of re-offense and to assess criminogenic needs to be addressed through treatment and supervision;4th generation. ''Risk-needs-responsivity (RNR) assessment,'' an actuarial assessment of static and dynamic factors used to match the level of service to the [offender's] person's risk to re-offend; assess criminogenic needs and target them in treatment; and structure the sentence to address the learning style, motivation, abilities, and strengths of the [offender] person.''SID—State identification number [(SID)].'' A unique number associated with each [offender] person based on fingerprints. The Commission requires the inclusion of the SID as part of the record in the completed Guideline Sentence Form ([§ 303.(f)] see: 204 Pa. Code Chapter 303).
''Sentencing Guidelines Software Web Application (SGS Web).'' A JNET-based application operated by the Commission which includes the modules for Sentencing Guidelines and for Resentencing Guidelines. SGS Web serves as the source of data for the original reported sentence and associated information and the reporting source for revocations and resentences.
''Technical violation.'' Failure to comply with terms of an order of probation, other than by the commission of a new offense of which the person is convicted.
''Violation.'' A finding by a court, following a hearing, that the [offender] convicted person failed to comply with terms and conditions of an order of probation.
[''Conviction violation.'' Commission of a new offense during the period of probation, resulting in a conviction for a misdemeanor or felony in a court of record whether or not judgement of sentence has been imposed.
''Technical violation.'' Failure to comply with the terms and conditions of an order of probation, other than by the commission of a new offense of which the offender person is convicted in a court of record.]
§ 307.2. Resentencing [Guidelines] guidelines standards.
(a) The court shall consider the Resentencing Guidelines in determining the appropriate resentence upon a revocation of probation.
(b) The Resentencing Guidelines shall apply to revocations of probation for all offenses committed on or after January 1, 2020. Amendments to the Resentencing Guidelines shall apply to revocations of probation for all offenses committed on or after the effective date of the amendment. [Amendment 1 is effective January 1, 2021.]
(1) The initial Resentencing Guidelines, effective January 1, 2020, apply to all offenses committed on or after January 1, 2020, but prior to January 1, 2021, for which the 7th Edition, Amendment 5 Sentencing Guidelines applied.
(2) Resentencing Guidelines, Amendment 1, effective January 1, 2021, apply to all offenses committed on or after January 1, 2021, but prior to January 1, 2024, for which the 7th Edition, Amendment 6 Sentencing Guidelines applied.
(3) Resentencing Guidelines for the 8th Edition Sentencing Guidelines, effective January 1, 2024, as provided in Chapter 307a (relating to resentencing guidelines for 8th Edition Sentencing Guidelines), apply to all offenses committed on or after January 1, 2024, for which the 8th Edition Sentencing Guidelines applied.
(c) Upon revocation of probation, all sentencing alternatives available to the court at the time of the initial sentence shall be available to the court for resentencing.
(d) In every case in which a court of record imposes a resentence for a felony or misdemeanor, the court shall make as a part of the record and disclose in open court at the time of resentencing, a statement of the reason or reasons for the revocation and for the resentence imposed. In every case where a court of record imposes a resentence outside the Resentencing Guidelines, the reason or reasons for the deviation from the guidelines shall be recorded on the Guideline Sentence Form, a copy of which shall be electronically transmitted to the Pennsylvania Commission on Sentencing in the manner described in 204 Pa. Code [§ 303.1(e)] Chapter 303 (relating to [resentencing] sentencing guidelines, 7th edition).
(e) Unless otherwise provided by the Commission, the JNET-based Sentencing Guidelines Software Web Application (SGS Web) shall be used at the court's direction to report all revocations of probation and related resentences to the Commission. The information shall be electronically submitted to the Commission via SGS Web no later than 30 days after the date of resentencing.
§ 307.3. Procedure for determining the [guideline resentence] resentencing guidelines.
(a) For a technical violation resulting in the revocation of an order of probation, the resentencing guidelines shall be the same as the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter 303 (relating to sentencing guidelines, 7th edition), with consideration given to any service of the original sentence.
(b) For a conviction violation resulting in revocation of an order of probation, the resentencing guidelines shall begin with the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter 303, and include consideration of the following:
(1) If the PRS category of the initial sentencing guidelines is PRS 0 through PRS 4, the PRS is increased by one category;
(2) If the PRS category of the initial sentencing guidelines is PRS 5, RFEL, or REVOC, there is no change to the PRS category. Consideration shall be given to any service of the original sentence.
(c) If the revocation of an order of probation is related to both a technical violation and a conviction violation, the resentencing guidelines for the conviction violation apply.
§ 307.4. [Guideline resentence] Resentencing guidelines recommendations.
(a) Prior to resentencing, the Commission recommends the court obtain additional information via a risk-needs assessment or a risk-needs-responsivity assessment to identify any rehabilitative needs that may be addressed in a resentence.
(b) Guidelines resentencing recommendations relating to sentencing level, sentencing programs, aggravated and mitigated circumstances, and economic sanctions shall be the same as those provided for guideline sentence recommendations pursuant to 204 Pa. Code [§§ 303.11, 303.12, 303.13, and 303.14] Chapter 303 (relating to [resentencing] sentencing guidelines, 7th edition).
Annex B
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCING
CHAPTER 307a. RESENTENCING GUIDELINES FOR 8TH EDITION SENTENCING GUIDELINES Sec.
307a.1. Preliminary provisions. 307a.2. Resentencing guidelines standards. 307a.3. Procedure for determining the resentencing guidelines. 307a.4. Resentencing guidelines recommendations. § 307a.1. Preliminary provisions.
(a) Authorization.
(1) As authorized by 42 Pa.C.S. § 2154.4 (relating to adoption of guidelines for resentencing), the Commission shall adopt guidelines that shall be considered by the court when resentencing [an offender] a convicted person following the revocation of probation.
(2) The Resentencing Guidelines shall take into account:
(i) factors considered in adopting the sentencing guidelines;
(ii) the seriousness of the violation; and
(iii) the rehabilitative needs of the defendant.
(b) Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
''Commission.'' Pennsylvania Commission on Sentencing. A criminal justice agency of the General Assembly authorized to adopt and implement a sentence risk assessment instrument and guidelines for sentencing and resentencing to be considered by the court, and guidelines for parole and recommitment ranges following revocation to be considered by the Pennsylvania Parole Board.
''Conviction.'' A finding of guilty or the entering of a plea of guilty or nolo contendere for a [misdemeanor or in a court] felony or misdemeanor, whether or not judgement of sentence has been imposed.
''Conviction violation.'' Commission of a new offense during the period of probation, resulting in a conviction for a misdemeanor or felony, whether or not judgement of sentence has been imposed.
''Court.'' [A court of record] Unless otherwise provided, a court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof, or any magisterial district judge.
''Judicial proceeding.'' A sentencing hearing in which all offenses for which [the offender] a person is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple dockets and OTNs.
''OGS—[O]offense gravity score.'' An assignment in the sentencing guidelines reflecting the seriousness of a conviction offense (see: 204 Pa. Code Chapter 303a (relating to sentencing guidelines, 8th edition).
''OTN—[O]offense tracking number.'' A unique identifying number assigned to an entire set of related charges [related to a conviction]. An OTN is generally assigned by the court at the time of arraignment.
''PRS—[P]prior record score.'' A category in the sentencing guidelines reflecting the seriousness of the criminal history of [an offender] a person, based on certain previous juvenile adjudications and/or convictions. (see: 204 Pa. Code Chapter 303a).
''Probation.'' A sentencing alternative as provided in 42 Pa.C.S. § 9722 (relating to order of probation) and imposed pursuant to 42 Pa.C.S. § 9754 (relating to order of probation); conditions of probation, pursuant to 42 Pa.C.S. § 9763 (relating to conditions of probation), include conditions generally (b), restrictive DUI probation conditions (c), and restrictive conditions of probation (d).
''Resentence.'' A new sentence imposed following the revocation of probation. Upon revocation, the sentencing alternatives available to the court shall be the same as were available at the time of the initial sentence, due consideration given to time spent serving the order of probation.
''Revocation.'' The termination of an order of probation, upon proof of a violation of specific conditions of the order or sentence, as provided in 42 Pa.C.S. §§ 9771 and 9771.1 (relating to modification or revocation of order of probation; and court-imposed sanctions for violating probation).
''Risk assessment instrument.'' An empirically based worksheet which uses factors that are relevant in predicting recidivism. A risk assessment instrument is often identified with a specific 'generation' of development:
1st generation. ''Professional judgment,'' with assessments based on training and experience;2nd generation. ''Risk assessment,'' an actuarial assessment of static criminal justice and demographic factors used to estimate risk of re-offense;3rd generation. ''Risk-needs assessment (RNA),'' an actuarial assessment of static and dynamic factors and changing circumstances, such as relationships, employment, and substance abuse, used to estimate risk of re-offense and to assess criminogenic needs to be addressed through treatment and supervision;4th generation. ''Risk-needs-responsivity (RNR) assessment,'' an actuarial assessment of static and dynamic factors used to match the level of service to the [offender's] person's risk to re-offend; assess criminogenic needs and target them in treatment; and structure the sentence to address the learning style, motivation, abilities, and strengths of the [offender] person.''SID—[S]state identification number.'' A unique number associated with each offender based on fingerprints. The Commission requires the inclusion of the SID as part of the record in the completed Guideline Sentence Form (see: 204 Pa. Code Chapter 303a).
''Sentencing Guidelines [Software Web] Application [(SGS Web)].'' A JNET-based application developed and operated by the Commission and [which includes the modules for Sentencing Guidelines and for Resentencing Guidelines] required to be used for the preparation of sentencing guidelines, sentence risk assessment instruments, and resentencing guidelines, and for the electronic reporting of all required information to the Commission. SGS Web [serves as the source of data for the original reported sentence and associated information and the reporting source for revocations and resentences] is the sentencing guidelines application used to prepare guidelines and report sentences during the initial implementation of the 8th Edition Sentencing Guidelines.
[''Violation.'' A finding by a court, following a hearing, that the offender failed to comply with terms and conditions of an order of probation.
''Conviction violation.'' Commission of a new offense during the period of probation, resulting in a conviction for a misdemeanor or felony in a court of record, whether or not judgement of sentence has been imposed.]
''Technical violation.'' Failure to comply with the terms and conditions of an order of probation, other than by the commission of a new offense of which the [offender] person is convicted [in a court of record].
''Violation.'' A finding by a court, following a hearing, that the convicted person failed to comply with terms and conditions of an order of probation.
§ 307a.2. Resentencing guidelines standards.
(a) The court shall consider the Resentencing Guidelines in determining the appropriate resentence upon a revocation of probation.
(b) The Resentencing Guidelines shall apply to revocations of probation for all offenses committed on or after January 1, 2020. Amendments to the Resentencing Guidelines shall apply to revocations of probation for all offenses committed on or after the effective date of the amendment.
(1) The initial Resentencing Guidelines, effective January 1, 2020, as provided in Chapter 307 (relating to resentencing guidelines for 7th edition sentencing guidelines), apply to all offenses committed on or after January 1, 2020, but prior to January 1, 2021, for which the 7th Edition, Amendment 5 Sentencing Guidelines applied.
(2) Resentencing Guidelines, Amendment 1, effective January 1, 2021, as provided in Chapter 307, apply to all offenses committed on or after January 1, 2021, but prior to January 1, 2024, for which the 7th Edition, Amendment 6 Sentencing Guidelines applied.
(3) Resentencing Guidelines for the 8th Edition Sentencing Guidelines, effective January 1, 2024, apply to all offenses committed on or after January 1, 2024, for which the 8th Edition Sentencing Guidelines applied.
(c) Upon revocation of probation, all sentencing alternatives available to the court at the time of the initial sentence shall be available to the court for resentencing.
(d) In every case in which a court of record imposes a resentence for a felony or misdemeanor, the court shall make as a part of the record and disclose in open court at the time of resentencing, a statement of the reason or reasons for the revocation and for the resentence imposed. In every case where a court of record imposes a resentence [outside] in the aggravated or mitigated range, or imposes a sentence that is a departure from the Resentencing Guidelines, the court shall report the reason or reasons for the deviation from the standard range of the guidelines to the Commission in the manner described as follows [shall be recorded on the Guideline Sentence Form, a copy of which shall be electronically transmitted to the Commission in the manner described in 204 Pa. Code Chapter 303a (relating to sentencing guidelines)].
(e) Unless otherwise provided by the Commission, the JNET-based [S]sentencing [G]guidelines [Software Web A]application [(SGS Web)] shall be used at the court's direction to prepare the sentencing guideline form for any resentence for a revocation of probation [report all revocations of probation and related resentences to the Commission. The information shall be electronically submitted to the Commission via SGS Web no later than 30 days after the date of resentencing].
(f) Following revocation of probation and resentencing, a completed guideline sentence form, including the state identification number (SID), the resentence imposed, reasons for deviation from the standard range of the resentencing guidelines, and all required guidelines and resentencing information, including information from the completed sentence guideline form associated with the initial order of probation, shall be made a part of the record, and the information electronically submitted to the Commission using the Commission's sentencing guidelines application no later than 30 days after the date of resentencing.
§ 307a.3. Procedure for determining the resentencing guidelines.
(a) For a technical violation resulting in the revocation of an order of probation, the resentencing guidelines shall be the same as the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter 303a (relating to sentencing guidelines, 8th edition), with consideration given to any service of the original sentence.
(b) For a conviction violation resulting in revocation of an order of probation, the resentencing guidelines shall begin with the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter 303a, with the OGS assignment increased by one point. The highest OGS assignment permitted is OGS 30. Consideration shall be given to any service of the original sentence.
(c) If the revocation of an order of probation is related to both a technical violation and a conviction violation, the resentencing guidelines for the conviction violation apply.
§ 307a.4. Resentencing guidelines recommendations.
(a) Prior to resentencing, the Commission recommends the court obtain additional information via a risk-needs assessment or a risk-needs-responsivity assessment to identify any rehabilitative needs that may be addressed in a resentence.
(b) Guidelines resentencing recommendations relating to [sentencing level] offense-specific recommendations, [sentencing programs,] aggravated and mitigated circumstances, and [economic sanctions] judicial proceeding recommendations shall be the same as those provided for guideline sentence recommendations pursuant to 204 Pa. Code Chapter 303a (relating to sentencing guidelines, 8th edition).
[Pa.B. Doc. No. 23-1171. Filed for public inspection August 25, 2023, 9:00 a.m.]
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