THE COURTS
[234 PA. CODE CH. 7]
Concurrent Sentences and Credit for Time Served
[33 Pa.B. 6412] The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 705 (Imposition of Sentence). These changes would require the sentencing judge to state the date the sentence is to commence and to address credit for time served, and provide that a concurrent sentence commences on the date of imposition. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed rule changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel,
Anne T. Panfil, Chief Staff Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
5035 Ritter Road, Suite 800
Mechanicsburg, PA 17055
fax: (717) 795-2106
e-mail: criminal.rules@pacourts.usno later than Friday, January 23, 2004.
By the Criminal Procedural Rules Committee
JOHN J. DRISCOLL,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 7. POST-TRIAL PROCEDURES IN COURT CASES
PART A. Sentencing Procedures Rule 705. Imposition of Sentence.
(A) When imposing a sentence to imprisonment, the judge shall state the date the sentence is to commence, and shall address credit for time served as provided by law.
(B) Whenever more than one sentence is imposed at the same time on a defendant, or whenever a sentence is imposed on a defendant who is sentenced for another offense, the judge shall state whether the sentences shall run concurrently or consecutively. If the sentence is to run concurrently, the sentence shall commence from the date of imposition unless otherwise ordered by the court.
Comment [In] This rule was amended in 1996, [paragraph (a) was amended and paragraph (c) was deleted] to eliminate language that created a presumption that certain sentences run concurrently unless the judge states otherwise. The rule now requires the judge to state whether sentences run concurrently or consecutively, and by deleting former paragraph (B) as unnecessary. [Paragraph (b) was deleted as unnecessary.]
The 2004 amendments adding new paragraph (A) and adding language to paragraph (B) clarifies the procedures for determining the date of commencement of sentences of imprisonment.
The computation of sentences and credit for time served also are [governed by] addressed in the Sentencing Code. See 42 Pa.C.S. §§ 9760 and 9761.
Official Note: Rule 1406 adopted July 23, 1973, effective 90 days hence; amended March 21, 1975, effective March 31, 1975, amended November 7, 1996, effective January 1, 1997; renumbered Rule 705 and Comment revised March 1, 2000, effective April 1, 2001; amended ____ , 2004, effective ____, 2004.
Committee Explanatory Reports:
* * * * * Report explaining the proposed amendments concerning concurrent sentences and credit for time served published with the Court's Order at 33 Pa.B. 6412 (December 27, 2003).
REPORT
Amendments to Pa.R.Crim.P. 705
CONCURRENT SENTENCES AND CREDIT FOR TIME SERVED Introduction
The Criminal Procedural Rules Committee is proposing the Court amend Rule 705 (Imposition of Sentence) to provide that when a judge is imposing a sentence to imprisonment, the judge shall state the date of the commencement of sentence and address the credit for time served as provided by law. The Committee also is proposing a clarification that, when the sentence imposed is a concurrent sentence, the sentence commences from the date of imposition unless otherwise ordered by the court. These changes are intended to fill in the gaps in procedures that were created in 1996 when then paragraphs (b) and (c) of the rule (then Rule 1406) were deleted.1
The Committee received correspondence pointing out that since Rule 1406 (now 705) was amended in 1996 ''there is no statute or Rule providing that sentences ordered to run concurrently with sentences imposed on a prior date must run from the date of imposition,'' even though the Report explaining the 1996 changes indicated this area of sentencing procedure is governed by statute. The correspondent noted that, because there is no guidance anywhere concerning these sentencing issues, there is a good deal of confusion among members of the bench and bar, and defendants who are sentenced. The Committee was asked to consider adding to the rule language similar to the language that was deleted from then Rule 1406 in 1996 concerning 1) the time when a concurrent sentence commences, and 2) the defendant receiving credit for time served.
In view of this correspondence, the Committee took a look at the Sentencing Code and the rules and confirmed there are no other provisions that sentences ordered to run concurrently with sentences imposed on a prior date must run from the date of imposition. Because we agree that these sentencing issues are confusing, the Committee concluded an amendment to Rule 705 would be helpful to the bench, bar, and defendants.
Discussion of Rule 705 Changes
During our discussions, the Committee considered changing Rule 705 by adding language that 1) if a sentence imposed is concurrent with another of the defendant's sentences, the sentence shall commence from the date of imposition and 2) the judge shall address credit for time served as provided for by law. We noted, however, that the language concerning commencement of sentences that had been in the rule prior to the 1996 changes addressed all sentences, not just concurrent sentences. We agreed, therefore, that the changes concerning commencement of the sentence should apply to all sentences, and incorporated into new paragraph (A) the concept from former Rule 1406(b) that the judge must state the date a sentence to imprisonment commences. The Committee also has added at the end of paragraph (A) the language ''and shall address credit for time served as provided by law'' to make it clear that when a judge imposes a sentence or sentences that are concurrent and states that the defendant is to receive credit for time served, the ''credit time'' is calculated as provided by law.
Paragraph (B) would retain the present Rule 705 language, with the additional provision ''If the sentence is to run concurrently, the sentence shall commence from the date of imposition unless otherwise ordered by the court.'' This language makes it clear that the ''starting date'' for the sentence is the date of imposition, and from that point forward the sentence runs concurrently.
[Pa.B. Doc. No. 03-2445. Filed for public inspection December 26, 2003, 9:00 a.m.] _______
1 See Committee Explanatory Final Report at 23 Pa.B. 5694 (November 23, 1996) explaining the 1996 changes to then-Rule 1406.
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