THE GENERAL ASSEMBLY
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PENNSYLVANIA COMMISSION ON SENTENCING
PART VIII. CRIMINAL SENTENCING
[204 PA. CODE CH. 303]
Adopted 7th Edition Sentencing Guidelines, Amendment 6
[50 Pa.B. 5341]
[Saturday, September 26, 2020]On June 4, 2020, the Pennsylvania Commission on Sentencing approved for the purpose of public comment proposed Amendment 6 of the 7th Edition Sentencing Guidelines, 204 Pa. Code §§ 303.1—303.18. The proposal was published in the Pennsylvania Bulletin on July 4, 2020 (50 Pa.B. 3203). Public hearings were held August 18, 2020 (McKeesport, Allegheny County and via ZOOM) and August 20, 2020 (Harrisburg, Dauphin County, and via ZOOM).
On September 10, 2020, the Pennsylvania Commission on Sentencing adopted 7th Edition Sentencing Guidelines, Amendment 6. The Guidelines adopted by the Commission are submitted to the General Assembly for review by way of publication in the Pennsylvania Bulletin, and will become effective 90 days after publication unless rejected by concurrent resolution of the General Assembly.
7th Edition Sentencing Guidelines
The 7th Edition Sentencing Guidelines, which the Commission adopted on September 13, 2012, apply to all offenses committed on or after the effective date of December 28, 2012. In response to legislation enacted since September 13, 2012, the Commission adopted the following amendments and supplement to the 7th Edition Sentencing Guidelines:
• Amendment 1 was adopted on June 6, 2013 and became effective September 27, 2013.
• Amendment 2 was adopted on June 5, 2014 and became effective September 26, 2014.
• Amendment 3 was adopted on June 4, 2015 and became effective September 25, 2015.
• Amendment 4 was adopted June 1, 2017 and became effective January 1, 2018. A Supplement to Amendment 4 of the 7th Edition Sentencing Guidelines was adopted on December 14, 2017 and became effective June 1, 2018.
• Amendment 5 was adopted June 13, 2019 and became effective January 1, 2020.
Amendment 6 is primarily adopted in response to Act 115 of 2019. This Act:
1) Repealed County Intermediate Punishment as a sentencing alternative, reassigned county intermediate punishment programs as restrictive conditions of probation, and required the Commission to adopt Probation Guidelines to address the use of county intermediate punishment programs as restrictive conditions of probation and the duration of terms of probation (42 Pa.C.S. § 2154(d));
2) Required the Commission to adopt guidelines to identify offenders who would be eligible and appropriate for restrictive conditions of probation (42 Pa.C.S. § 2154.1); and
3) Repealed State Intermediate Punishment as a sentencing alternative and created the State Drug Treatment Program under the authority of the Department of Corrections.
Amendment 6 addresses the General Assembly's mandated sentencing enhancement for sexual extortion when the victim is younger than age 18 or has an intellectual disability or if the offender is a position of authority over the victim (Act 100 of 2019). Amendment 6 includes changes in Offense Gravity Scores for new and modified offenses.
7th Edition Sentencing Guidelines, Amendment 6, as adopted by the Commission, is summarized as follows and set forth in Annex A.
REPRESENTATIVE TODD STEPHENS,
Chair
Commentary on Annex A This Commentary provides selected highlights of the adopted 7th Edition Sentencing Guidelines, Amendment 6. The adopted Amendment 6 is set forth in Annex A.
Revisions to § 303.1—Sentencing guideline standards
Act 115 of 2019 repealed County Intermediate Punishment and State Intermediate Punishment as sentencing alternatives. In (b), revocation of these sentences is removed.
Modifications are made in (c)(2). Amendment 5 of the 7th Edition Sentencing Guidelines was effective January 1, 2020 and applied to all offenses committed on or after that date. Amendment 6 will be effective January 1, 2021.
Revisions to § 303.2—Procedure for determining the guideline sentence
No changes.
Revisions to § 303.3—Offense gravity score (general)
Clarification in (a) and (b) that an Offense Gravity Score is assigned based on the elements of the conviction offense and classification of the crime. Additionally, an offense may be subcategorized and multiple and different Offense Gravity Scores assigned to each based on additional factors.
In (f), a provision is added that an omnibus Offense Gravity Score of 10 is applied for a felony 1 offense with a statutory maximum greater than 20 years. Clarification is provided for new offenses if they are added to existing subsection of statute or if they are a new subsection of statute.
If it is an existing subsection and the offense definition is modified, the existing Offense Gravity Score is assigned. If the grade or statutory maximum is modified, the omnibus Offense Gravity Score applies unless it would decrease or increase the existing Offense Gravity Score.
For new subsections, the lowest Offense Gravity Score applies. However, the highest Offense Gravity Score may apply if grade or statutory maximum sentence is higher than the highest Offense Gravity Score assigned in the section. Similarly, the lowest Offense Gravity Score applies if the grade or statutory maximum sentence is lower than the lowest Offense Gravity Score assigned in the section.
Revisions to § 303.4—Prior record score (categories)
No changes.
Revisions to § 303.5—Prior record score (prior convictions)
No changes.
Revisions to § 303.6—Prior record score (prior juvenile adjudications)
No changes.
Revisions to § 303.7—Prior record score (guideline points scoring)
No changes.
Revisions to § 303.8—Prior record score (miscellaneous)
No changes.
Revisions to § 303.9—Guideline sentence recommendations (general)
Sentencing enhancements under § 303.9 are consolidated under § 303.10: Deadly Weapon (b), School and Youth (c), Criminal Gang (j), Third Degree Murder of Person Younger than Age 13 (k), Sexual Abuse of Children (l), Arson (m), Human Trafficking (n), and Domestic Violence (o).
The means by which the Commission addresses sentencing enhancements is added in (3). The Commission may assign an Offense Gravity Score to a subcategorized offense. If a sentencing enhancement factor is present, it may call for the increase in Offense Gravity Score or adjust the basic sentencing recommendation by adding months to the upper and lower limit to the standard range. An enhancement recommendation will not apply if it is an element of the offense or a sentencing factor used to subcategorize an offense.
In (d), language is added that mitigated and aggravated ranges may apply to both basic and enhanced recommendation ranges.
Act 115 of 2019 repealed County Intermediate Punishment as a sentencing alternative. County Intermediate Punishment Programs are reassigned as restrictive conditions of probation. The Sentencing Guidelines provide confinement sentence recommendations, which include confinement in state or county facilities and restrictive conditions of probation. The duration of restrictive conditions of probation are recommended not exceed the suggested minimum months of confinement in the Sentencing Guidelines. An aggregate term of probation that includes restrictive conditions is recommended not exceed 10 years for a judicial proceeding.
Act 115 also requires the Commission to adopt probation guidelines to address the use of county intermediate punishment programs as restrictive conditions of probation and duration of terms of probation. The Sentencing Guidelines provide for restorative sanctions as non-confinement sentencing alternatives which include guilt without further penalty, economic sanctions, and probation without restrictive conditions. Subsection (f) includes that definition and identifies the duration of probation be recommended non-restrictive probation duration is one or two years. The aggregate term of probation is recommended not to exceed five years for a judicial proceeding.
Subsection (i) defines restrictive DUI probation conditions. Restrictive DUI probation conditions alone or in combination with confinement may satisfy mandatory provisions applied to 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. § 3731 (related to driving under the influence of alcohol or controlled substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a first, second or third offense under 75 Pa.C.S. Chapter 38 (related to driving after imbibing alcohol or utilizing drugs).
Revisions to § 303.10—Guideline sentence recommendations (enhancements)
The sentencing enhancement information that was included in both § 303.9 and § 303.10 is consolidated in § 303.10: Deadly Weapon (a), School and Youth (b), Criminal Gang (c), Third Degree Murder of Person Younger than Age 13 (d), Sexual Abuse of Children (e), Arson (f), Human Trafficking (g), and Domestic Violence (h).
Language was added to the Domestic Violence Enhancement in (h). The existing enhancement states that the Court shall consider ordering the offender to pay the costs or fees associated with the treatment of the minor for exposure to domestic violence. The amended language adds costs or fees associated with the assessment of the minor for the exposure.
The Commission may address sentencing enhancements through the assignment of an Offense Gravity Score to a subcategorized offense. These offenses are included in the offense listing of the Sentencing Guidelines in § 303.15. Section (i) includes sentencing enhancements and any authority that are addressed through an Offense Gravity Score assignment.
The Commission was directed to create a sentencing enhancement for sexual extortion (18 Pa.C.S. § 3133) when the victim is younger than age 18 years or has an intellectual disability or when the offender holds a position of trust, supervision, or disciplinary power over the victim base on legal, occupational, or professional status. The Commission increased the Offense Gravity Score assignments for this offense when the enhancing factors are present. The offenses and Offense Gravity Score assignments are located in the Sentencing Guidelines § 303.15, and the Sexual Extortion Enhancement is included in the sentencing enhancement list in (i).
Revisions to § 303.11—Guideline sentence recommendations (sentencing levels)
Act 115 of 2019 repealed County and State Intermediate Punishment as sentencing alternatives. These references were removed. County Intermediate Punishment Programs are reassigned as restrictive conditions of probation. The Act created the State Drug Treatment Program under the authority of the Department of Corrections.
Subsection (a) was expanded. It explains that the Sentencing Guidelines provide a common starting point of a range of recommendations for the typical offender. It notes that while the Guidelines provide a retributive framework, other information assists the Court in the imposition of the type of sentencing alternative and duration. These include mandatory sentencing provisions, diagnostic classification of drug or alcohol dependency, and risk-needs-responsivity assessments. The Court may need to consider eligibility or ineligibility requirements for specific programs such as those operated by the Department of Corrections, County Intermediate Punishment Programs as restrictive conditions of probation, and reentry programs.
Levels of the Sentencing Guidelines in (b) are streamlined. The section adds that the Court should consider the Guidelines and eligibility for probation with restrictive conditions and county reentry as well as an offender's appropriateness for Department of Correction programs such as State Motivational Boot Camp, State Drug Treatment Program, Recidivism Risk Reduction Incentive Program, and Short Sentence Parole.
Level 1 of the Guidelines recommends non-restrictive program and other non-confinement sanctions for offenders with less severe offenses and a Prior Record Score of 0. Level 2 targets non-violent offenders with less severe criminal history. It recommends both non-confinement and confinement in county facility. Level 3 targets more serious offenders with more serious criminal histories. It recommends confinement sentences but allows for county sentences, restrictive DUI probation, and treatment in lieu of incarceration for drug-dependent offenders. Level 4 targets very serious offenders with serious criminal histories. Confinement sentences are recommended and may be served in county facilities. Consideration of correctional programs for drug-dependent offenders is recommended as well as DUI restrictive probation to meet mandatory conditions as directed in statute. Level 5 targets violent offenders or those with major drug convictions. The sentencing recommendation is a state incarceration sentence. Consideration of state correctional and sentencing programs may be applicable.
Revisions to § 303.12—Guideline sentence recommendations (sentencing programs)
Section 303.12 describes correctional and sentencing programs.
Act 115 of 2019 repealed County Intermediate Punishment as a sentencing alternative. County Intermediate Punishment Programs are reassigned as restrictive conditions of probation. The purpose of County Intermediate Punishment Programs as restrictive conditions of probation is to protect public safety while promoting efficiencies and economies in criminal justice resources. Specialized programs can be identified that will meet the demonstrated needs of offenders. Eligibility and identification of restrictive DUI probation that will meet mandatory minimum requirements are further addressed in (a). It also notes consideration of restrictive conditions of probation for offenders clinically diagnosed as drug or alcohol dependent and falling within Levels 3 and 4 of the Sentencing Guidelines.
The Act modified the process for determining eligibility for the State Motivational Boot Camp Program. The program remains under the authority of the Department of Corrections. The Courts determine if an offender is ineligible for the program on the Sentencing Guidelines Form. The Department continues to exercise discretion to place eligible offenders in the program. It is addressed in modifications in (b).
Act 115 of 2019 repealed State Intermediate Punishment as a sentencing alternative and created the State Drug Treatment Program under the authority of the Department of Corrections. The Courts and prosecutor have discretion to exclude an offender from eligibility and indicate such on the Sentencing Guidelines Form. Placement of eligible offenders is at the discretion of the Department. It is addressed in modifications in (c).
Subsection (d) is an addition and addresses Recidivism Risk Reduction Incentive Program. The program is designed to encourage eligible non-violent offenders to complete programming that will reduce future recidivism. The Court record eligibility on the Sentencing Guidelines Form and directs the Department of Corrections to calculate the RRRI minimum.
Subsection (e) is an addition. Act 115 of 2019 created short sentence parole. Non-violent offenders meeting statutory criteria and with an aggregate minimum incarceration sentence of two years or less may be paroled by the Pennsylvania Parole Board at minimum sentence or at the RRRI minimum sentence without requiring an interview.
Subsection (f) is an addition. It addresses county reentry programs in (1). Offenders sentenced to county incarceration may be paroled prior to minimum sentence if made eligible for a reentry program at the time of sentencing. The subsection also outlines state reentry supervision in (2). A period of 12 months reentry supervision will be imposed at the time of sentencing for an offender with an aggregate minimum sentence of four years or more. A period of parole during the same period is considered reentry supervision. A mandatory period of three years of probation will be imposed for certain sexual offenders as outlined in (3).
Revisions to § 303.13—Guideline sentence recommendations (aggravating and mitigating circumstances)
Unless prohibited by statute, the Court should consider the use of validated risk-needs-responsivity assessments to help guide decisions regarding the intensity and duration of community supervision. References to specific enhancements are removed. Rather, a mitigated range should not be less than the recommended sentencing enhancement range.
Revisions to § 303.14—Guideline sentence recommendations (economic sanctions)
Technical changes are made to the outline structure in subsection (a). Subsection (a)(3) is clarified. Fines may be imposed as a condition of probation.
Under (c)(2), the County Intermediate Punishment reference is removed. Restitution may be imposed as a direct sentence and/or as a condition of probation.
Revisions to § 303.15—Offense listing
New or modified offenses:
18 Pa.C.S.
§ 2703 Assault by prisoner
§ 2718 Strangulation
§ 3011 Trafficking in individuals
§ 3013 Patronizing a victim of sexual servitude
§ 3124.2 Institutional sexual assault by peace officer
§ 3132 Female mutilation
§ 3133 Sexual extortion
23 Pa.C.S.
§ 6319 Failure to report or to refer suspected child abuse
30 Pa.C.S.
§ 5502 Operating watercraft under influence and passenger <18
§ 5502.4 Aggravated assault by watercraft (SBI)
34 Pa.C.S.
§ 2314 Trespass on private property while hunting
Technical changes:
18 Pa.C.S.
§ 3011 Trafficking in individuals
§ 3012 Involuntary servitude
§ 3013 Patronizing a victim of sexual servitude
§ 3014 Unlawful conduct regarding documents
§ 3015 Nonpayment of wages
§ 3016 Obstruction of justice
§ 6105 Firearms persons not to possess: active PFA ((c)(6))
Revisions to § 303.16(a)—Basic Sentencing Matrix
The example offenses and omnibus Offense Gravity Scores are removed from the matrix in order to improve readability. The omnibus Offense Gravity Scores are noted in the footnotes.
Community service hours in lieu of fines are included in Levels 1 and 2. Probation recommendations are included in Level 2.
Footnotes are updated to reflect changes from Act 115 of 2019.
Revisions to § 303.16(b)—Sentencing Matrix for Offenders Convicted of 1st or 2nd Degree Murder
No changes.
Revisions to § 303.17—Deadly Weapon Enhancement Matrices
Reference change in citation.
Revisions to § 303.18—School and Youth Enhancement Matrices
Act 115 of 2019 repealed County Intermediate Punishment as a sentencing alternative. County Intermediate Punishment Programs are reassigned as restrictive conditions of probation. References are modified in the footnotes.
Resource Utilization
In accordance with 42 Pa.C.S. § 2153(a)(15), the Commission is mandated to determine resources required under current 7th Edition Sentencing Guidelines, Amendment 5 and resources that would be required to carry out Amendment 6.
Changes to the Sentencing Guidelines may be initiated by the Commission or in response to legislation enacted by the General Assembly. The majority of the changes contained in Amendment 6 are in response to Act 115 of 2019. Additionally, the Amendment addresses the legislative mandate to create a sentencing enhancement and assigns Offense Gravity Scores to new and modified offenses.
A resource utilization can only be completed where reliable data are available.
New Legislatively Mandated Sentencing Enhancement
The Commission addressed the sentencing enhancement for sexual extortion with an increase in Offense Gravity Score. The offense (18 Pa.C.S. § 3133) is subcategorized and assigned an increased Offense Gravity Score when the victim is younger than age 18 or has an intellectual disability or if the offender is a position of authority over the victim. As sexual extortion is also a new offense, no data are currently available to determine resources needed.
Act 115 of 2020
Probation Guidelines
The current sentencing guidelines do not include recommendations for the duration of probation. The adopted amendment recommends restorative sanctions other than probation for sentences imposed at Level 1, and recommends that the duration of probation for sentences imposed at Level 2 be limited to 1 or 2 years. The adopted amendment also recommends limits on aggregate terms of probation imposed during a judicial proceeding (sentencing hearing) of 5 or 10 years. Previous research by the Commission found that the most common order of probation for misdemeanors was one to two years, and the most common order for felonies was three to five years. However, the aggregate terms of probation at times resulted in a seven-fold increase in duration, with extreme cases of aggregate terms of probation exceeding 50 years. The intent of these initial probation guidelines is to better target the use of probation as a sentencing alternative, and to reduce the duration of aggregate terms of probation. However, as these are initial guidelines, utilization data are not available.
Although county intermediate punishment (CIP) was repealed as a sentencing alternative, CIP programs were retailed as restrictive conditions of probation. The adopted amendment replaces the previous CIP guidelines with new guidelines for probation with restrictive conditions. No substantive changes were included in recommendation for the use of CIP programs as restrictive conditions of probation, and so no impact aside from that of the initial probation guidelines is anticipated.
Repeal of State Intermediate Punishment, replacement with State Drug Treatment Program, and expansion of information on correctional programs
Historically, the former State Intermediate Punishment (SIP) program and State Motivational Boot Camp (BC) Program have been under-utilized at sentencing. In 2018, of the 4,100 SIP-eligible offenders, 5% were sentenced to SIP. The repeal of SIP and its replacement with the State Drug Treatment Program (SDTP), and the change in procedures for assigning individuals to targeted DOC programs, is intended to increase utilization of programs proven to be more effective than traditional confinement and at lower cost. Under the new procedures, the Court will sentence offenders to a minimum and maximum term of confinement in a state facility, and the Department of Corrections is authorized to place eligible offenders in any of its correctional programs, including SDTP and BC, as long as the Court has not determined the offender to be ineligible. This change, along with additional information on eligibility and appropriateness included in the sentencing guidelines, is intended reduce time served in state prison as well as recidivism upon release. However, as these are new procedures, utilization data are not available.
New Offenses
The Commission assigned Offense Gravity Scores to new and modified offenses. As they are newly enacted offenses, no data are available to determine resources needed:
18 Pa.C.S. § 2703(a)(1)(ii). Assault by prisoner-against employee and attempt/cause bodily injury
18 Pa.C.S. § 2703(a)(3). Assault by prisoner-against employee and attempt/cause serious bodily injury
18 Pa.C.S. § 3013. Patronizing a victim of sexual servitude
18 Pa.C.S. § 3124.2(a.4). Institutional assault by peace officer
18 Pa.C.S. § 3132. Female mutilation
30 Pa.C.S. § 5502. Operating watercraft under influence with a minor passenger
30 Pa.C.S. § 5502.4. Aggravated assault by watercraft with serious bodily injury
34 Pa.C.S. § 2314. Trespass on private property while hunting
Modified Offenses
Commission assigned Offense Gravity Scores to modified offenses. Given the small number of sentences, impact will be minimal.
18 Pa.C.S. § 3011. Trafficking in individuals.
(a)(1) recruits, entices, solicits, harbors, etc.
(a)(2) (knowingly benefits financially)
The statutory grade for these two offenses increased from an F-2 to an F-1. The existing offense as pertains to minors retained the Offense Gravity Score of 12. The new general offense is assigned an Offense Gravity Score of 10.
The 2019 preliminary sentencing data show a total of two sentences (most serious in criminal incident) for (a)(1). The sentences imposed were to county incarceration and guilt without further penalty. There was one sentence of county incarceration imposed for (a)(2).
Sentences reported in 2018 are similar: one sentenced each for (a)(1) and (a)(2), one of state incarceration and one of county incarceration. Therefore, any impact resulting from the grade change of these offenses is anticipated to be minimal.
23 Pa.C.S. § 6319.
(b) Failure to report or to refer suspected child abuse
The statutory grade for this offense is raised from M-1 to F-3 for continuing course of action. If the underlying offense was graded at least an F-1, the grade for the failure to report increases from an F-3 to an F-2. The Offense Gravity Score assignments increase from 3 to 5 and from 5 to 7, respectively.
No sentences are reflected in the 2019 preliminary sentencing data, and no sentences for these offenses were reported in 2018. Therefore, no or very minimal impact is anticipated.
Effective Date
7th Edition Sentencing Guidelines, Amendment 6 shall become effective January 1, 2021 unless disapproved by the General Assembly, pursuant to 42 Pa.C.S. § 2155(b).
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCING
CHAPTER 303. SENTENCING GUIDELINES § 303.1. Sentencing guidelines standards.
(a) The court shall consider the sentencing guidelines in determining the appropriate sentence for offenders convicted of, or pleading guilty or nolo contendere to, felonies and misdemeanors. Where crimes merge for sentencing purposes, the court shall consider the sentencing guidelines only on the offense assigned the higher Offense Gravity Score.
(b) The sentencing guidelines do not apply to sentences imposed as a result of the following: accelerated rehabilitative disposition; disposition in lieu of trial; direct or indirect contempt of court; violations of protection from abuse orders; revocation of probation[, county intermediate punishment or state intermediate punishment], except as provided in 204 Pa. Code Chapter 307; or revocation of parole.
(c) The sentencing guidelines shall apply to all offenses committed on or after the effective date of the guidelines. Amendments to the guidelines shall apply to all offenses committed on or after the date the amendment becomes part of the guidelines.
(1) When there are current multiple convictions for offenses that overlap two sets of guidelines, the former guidelines shall apply to offenses that occur prior to the effective date of the amendment and the later guidelines shall apply to offenses that occur on or after the effective date of the amendment. If the specific dates of the offenses cannot be determined, the later date determines the edition of the guidelines that shall apply to the offenses.
(2) The initial sentencing guidelines went into effect on July 22, 1982 and applied to all crimes committed on or after that date. Amendments to the guidelines went into effect in June 1983, January 1986 and June 1986. On October 7, 1987 the Pennsylvania Supreme Court invalidated the guidelines due to a procedural error that occurred in 1981 when the legislature rejected the first set of guidelines. New guidelines were drafted and became effective on April 25, 1988. Amendments to the guidelines went into effect August 9, 1991 and December 20, 1991. Revised sets of guidelines became effective August 12, 1994, June 13, 1997, June 3, 2005, December 5, 2008, and December 28, 2012. Amendments to the guidelines went into effect September 27, 2013, September 26, 2014, September 25, 2015, January 1, 2018, [and] June 1, 2018, and January 1, 2020. This amendment, Amendment [5] 6 of the 7th Edition Sentencing Guidelines, shall take effect January 1, [2020] 2021 and apply to all crimes committed on or after that date.
(d) In every case in which a court of record imposes a sentence for a felony or misdemeanor, the court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed. In every case where a court of record imposes a sentence outside the sentencing 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 § 303.1(e).
(e)(1) 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 prepare all guideline-required sentencing information. The completed Guideline Sentence Form shall be made a part of the record and the information electronically submitted to the Commission via SGS Web no later than 30 days after the date of sentencing.
(2) Effective for sentences imposed on or after January 1, 2016, the JNET-based Sentencing Guidelines Software Web application (SGS Web) shall be used at the court's direction to report all subsequent revocations of probation, county intermediate punishment and state intermediate punishment 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) Effective January 1, 2014, the State Identification Number (SID) for an offender shall be included as part of the record in the completed Guideline Sentence Form.
§ 303.2. Procedure for determining the guideline sentence.
(a) For each conviction offense of a judicial proceeding, the procedure for determining the guideline sentence shall be as follows:
(1) Determine the Offense Gravity Score as described in § 303.3 and § 303.15.
(2) Determine the Prior Record Score as described in § 303.4—§ 303.8.
(3) Determine the guideline sentence recommendation as described in § 303.9—§ 303.14, including enhancements (§ 303.10), and aggravating or mitigating circumstances (§ 303.13).
(b) Judicial proceeding. A judicial proceeding is a proceeding in which all offenses for which the offender has been convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple offenses and transactions.
§ 303.3. Offense Gravity Score—general.
(a) An Offense Gravity Score is [given for] assigned to each offense based on the elements of the conviction offense and the classification of the crime. The Offense Gravity Scores are located in § 303.15.
(b) Subcategorized offenses. Certain conviction offenses are subcategorized [and scored by the Commission] according to the particular circumstances of the offense. A subcategorized offense is assigned multiple offense gravity scores based on additional sentencing factors, which the court determines at sentencing. The court determines which Offense Gravity Score, located in § 303.15, applies. These offenses are designated by an asterisk [*].
(c) Inchoate offenses. Inchoate offenses are scored as follows:
(1) Convictions for attempt, solicitation, or conspiracy to commit a Felony 1 offense receive an Offense Gravity Score of one point less than the offense attempted, solicited, or which was the object of the conspiracy.
(2) Convictions for attempt, solicitation, or conspiracy to commit any offense which is not a Felony 1 offense, receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy.
(3) Convictions for attempt, solicitation, or conspiracy to commit any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101—§ 780-144) receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy.
(4) Exception for inchoate murder convictions. Convictions for attempt, solicitation, or conspiracy to commit murder receive the Offense Gravity Score of 14 if there is serious bodily injury and 13 if there is no serious bodily injury.
(d) Ethnic Intimidation. Convictions for Ethnic Intimidation (18 Pa.C.S. § 2710) receive an Offense Gravity Score that is one point higher than the offense which was the object of the Ethnic Intimidation. When the object offense is murder of the third degree, a conviction for Ethnic Intimidation receives the highest Offense Gravity Score applicable.
(e) Violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-101—780-144). If any mixture or compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be deemed to be composed of the controlled substance. If a mixture or compound contains a detectable amount of more than one controlled substance, the mixture or compound shall be deemed to be composed entirely of the controlled substance which has the highest Offense Gravity Score.
(1) Exception for prescription pills. For violations of 35 P.S. § 780-113(a)(12), (a)(14), and (a)(30) involving narcotic prescription pills of Schedule II, when both the weight and the number of pills are known, the higher Offense Gravity Score assignment applies. (See § 303.15.)
(f) Omnibus Offense Gravity Scores. The Omnibus Offense Gravity Scores are provided below and in the listing at § 303.15:
Felony 1 with a statutory maximum greater than 20 years 10 Felony 1 8 Felony 2 7 Felony 3 5 Felonies not subclassified by the General Assembly 5 Misdemeanor 1 3 Misdemeanor 2 2 Misdemeanor 3 1 Misdemeanors not subclassified by the General Assembly 1 The Omnibus Offense Gravity Score [is applied in the following circumstances:] shall apply to an offense not otherwise listed in § 303.15. For purposes of this section, an offense not otherwise listed includes a new section of statute added by the General Assembly.
(1) [when the offense is not otherwise listed in § 303.15] For an amendment to an existing section of statute.
(i) When the definition of an offense listed in § 303.15 is changed, the previously assigned offense gravity score shall apply.
(ii) When the grade or statutory maximum sentence of a subsection listed in § 303.15 has increased, the omnibus offense gravity score shall apply, unless the previously assigned offense gravity score is higher.
(iii) When the grade or statutory maximum sentence of a subsection listed in § 303.15 has decreased, the omnibus offense gravity score shall apply, unless the previously assigned gravity score is lower.
(2) [when the grade or statutory maximum sentence of an offense listed in § 303.15 has increased, unless application of this section would result in a lower Offense Gravity Score; or] For an addition of a new subsection of statute.
(i) The lowest offense gravity score assigned within the section to the grade or the statutory maximum sentence of the offense shall apply to the new subsection.
(ii) When the grade or statutory maximum sentence of the new subsection is higher than the highest grade or statutory maximum sentence in the section, the highest assigned OGS in the section shall apply to the new subsection, unless the omnibus offense gravity score is higher.
(iii) When the grade or statutory maximum sentence of the new subsection is lower than the lowest grade or statutory maximum sentence in the section, the lowest assigned OGS in the section shall apply to the new subsection, unless the omnibus offense gravity score is lower.
[(3) when the grade or statutory maximum sentence of an offense listed in § 303.15 has decreased, unless application of this section would result in a higher Offense Gravity Score.
Where the definition of an offense listed in § 303.15 is changed, but the grade or statutory maximum sentence is not changed, the previously assigned offense gravity score shall apply.]
(g) The Offense Gravity Score of 15 is assigned only for first and second degree murder.
§ 303.4. Prior Record Score—categories.
(a) Prior Record Score categories. Determination of the correct Prior Record Score category under this section is based on the type and number of prior convictions (§ 303.5) and prior juvenile adjudications (§ 303.6). There are eight Prior Record Score categories: Repeat Violent Offender (REVOC), Repeat Felony 1 and Felony 2 Offender (RFEL), and point-based categories of 0, 1, 2, 3, 4 and 5.
(1) Repeat Violent Offender Category (REVOC). Offenders who have two or more previous convictions or adjudications for four point offenses (§ 303.7(a)(1) and § 303.15) and whose current conviction carries an Offense Gravity Score of 9 or higher shall be classified in the Repeat Violent Offender Category.
(2) Repeat Felony 1 and Felony 2 Offender Category (RFEL). Offenders who have previous convictions or adjudications for Felony 1 and/or Felony 2 offenses which total 6 or more points in the prior record, and who do not fall within the Repeat Violent Offender Category, shall be classified in the repeat Felony 1 and Felony 2 Offender Category.
(3) Point-based Categories (0—5). Offenders who do not fall into the REVOC or RFEL categories shall be classified in a Point-based Category. The Prior Record Score shall be the sum of the points accrued based on previous convictions or adjudications, up to a maximum of five points.
§ 303.5. Prior Record Score—prior convictions.
(a) If there is a single offense in the prior judicial proceeding, that offense shall be counted in the calculation of the Prior Record Score.
(b) If there are multiple offenses in the prior judicial proceeding:
(1) The most serious offense of the judicial proceeding shall be counted in the calculation of the Prior Record Score.
(2) Any offense for which a sentence of supervision or confinement is imposed consecutive to a sentence for another offense in the judicial proceeding shall be counted in the calculation of the Prior Record Score.
(c) Un-sentenced convictions. If no sentence has yet to be imposed on an offense, the offense shall not be counted in the calculation of the Prior Record Score.
(d) 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 Prior Record Score, in addition to other factors deemed appropriate by the court.
§ 303.6. Prior Record Score—prior juvenile adjudications.
(a) Juvenile adjudication criteria. Prior juvenile adjudications are counted in the Prior Record Score when the following criteria are met:
(1) The juvenile offense occurred on or after the offender's 14th birthday, and
(2) There was an express finding by the juvenile court that the adjudication was for a felony or one of the offenses listed in § 303.7(a)(4).
(b) Only the most serious juvenile adjudication of each prior disposition is counted in the Prior Record Score. No other prior juvenile adjudication shall be counted in the Prior Record Score.
(c) Lapsing of juvenile adjudications. Prior juvenile adjudications for four point offenses listed in § 303.7(a)(1) shall always be included in the Prior Record Score, provided the criteria in subsection (a) above are met:
(1) All other juvenile adjudications not identified above in subsection (a) lapse and shall not be counted in the Prior Record Score if:
(i) The offender was 28 years of age or older at the time the current offense was committed; and
(ii) The offender remained crime-free during the ten-year period immediately preceding the offender's 28th birthday.
(iii) Crime-free. Included in the definition of crime-free is any summary offense and/or one misdemeanor offense with a statutory maximum of one year or less.
(2) Nothing in this section shall prevent the court from considering lapsed prior adjudications at the time of sentencing.
§ 303.7. Prior Record Score—guideline points scoring.
(a) Scoring of prior convictions and adjudications is provided below and in the listing of offenses at § 303.15:
(1) Four Point Offenses. Four points are added for each prior conviction or adjudication for the following offenses:
Murder, and attempt, solicitation or conspiracy to commit Murder
All other completed crimes of violence, as defined in 42 Pa.C.S. § 9714(g), excluding inchoates.
Murder of Unborn Child, and attempt, solicitation or conspiracy to commit Murder of Unborn Child
Offenses with OGS 11 or greater, excluding inchoates and Violations of the Controlled Substance Act
Ethnic Intimidation to any Felony 1 offense
(2) Three Point Offenses. Three points are added for each prior conviction or adjudication for the following offenses:
All other Felony 1 offenses not listed in § 303.7(a)(1).
All other inchoates to offenses listed in § 303.7(a)(1).
Violation of 35 P.S. §§ 780-113(a)(12)(14) or (30) involving 50 grams or more, including inchoates involving 50 grams or more.
(3) Two Point Offenses. Two points are added for each prior conviction or adjudication for the following offenses:
All other Felony 2 offenses not listed in § 303.7(a)(1) or (a)(2).
All felony drug violations not listed in § 303.7(a)(2), including inchoates.
(4) One Point Offenses. One point is added for each prior conviction or adjudication for the following offenses:
All other felony offenses not listed in § 303.7(a)(1), (a)(2) or (a)(3).
Any of the following Misdemeanor 1 offenses that involve weapons:
Possessing Instruments of Crime (possession of a weapon)
Prohibited Offensive Weapons
Use or Possession of Electric or Electronic Incapacitation Device
Possession of Weapon on School Property
Possession of Firearm or Other Dangerous Weapon in Court Facility
Violations of the Pennsylvania Uniform Firearms Act
Any of the following Misdemeanor 1 offenses that involve death or danger to children:
Involuntary Manslaughter
Simple Assault (against child under 12 years of age by adult 18 years of age or older)
Luring a Child into a Vehicle
Indecent Assault (complainant is less than 13 years of age)
Indecent Exposure (persons present are less than age 16)
Endangering Welfare of Children
Dealing in Infant Children
Recruiting Criminal Gang Members
Driving Under the Influence of Alcohol or Controlled Substance, except for a first lifetime conviction or adjudication.
Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, except for a first lifetime conviction or adjudication.
(5) Other Misdemeanor Offenses. All other misdemeanor offenses, including a first lifetime conviction for Driving Under the Influence of Alcohol or a Controlled Substance or Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, are designated by an ''m'' in the offense listing at § 303.15, and are scored as follows:
(i) One point is added if the offender was previously convicted of two or three misdemeanors.
(ii) Two points are added if the offender was previously convicted of four to six misdemeanors.
(iii) Three points are added if the offender was previously convicted of seven or more misdemeanors.
§ 303.8. Prior Record Score—miscellaneous.
(a) Prior convictions and adjudications of delinquency.
(1) A prior conviction means ''previously convicted'' as defined in 42 Pa.C.S. § 2154(a)(2). A prior adjudication of delinquency means ''previously adjudicated delinquent'' as defined in 42 Pa.C.S. § 2154(a)(2). In order for an offense to be considered in the Prior Record Score, both the commission of and conviction for the previous offense must occur before the commission of the current offense.
(2) When the prior conviction or adjudication of delinquency was committed over a range of dates, the later date shall be used to determine if the prior offense meets the criteria in 303.8(a)(1) and is counted in the prior record score.
(b) Inchoate offenses. Unless otherwise provided in § 303.7 or § 303.15, a prior conviction or adjudication of delinquency for criminal attempt, criminal solicitation or criminal conspiracy is scored under § 303.7 based upon the grade of the inchoate offense.
(c) Ethnic Intimidation. Unless otherwise provided in § 303.7 or § 303.15, a prior conviction or adjudication of delinquency for Ethnic Intimidation is scored under § 303.7 based upon the grade of the Ethnic Intimidation.
(d) Former Pennsylvania offenses.
(1) A prior conviction or adjudication of delinquency under former Pennsylvania law is scored as a conviction for the current equivalent Pennsylvania offense.
(2) When there is no current equivalent Pennsylvania offense, prior convictions or adjudications of delinquency are scored under § 303.7 based on the grade of the offense. When a prior conviction or adjudication of delinquency was for a felony, but the grade of the felony is unknown, it shall be treated as a Felony 3. When a prior conviction was for a misdemeanor, but the grade of the misdemeanor is unknown, it shall be treated as other misdemeanors. When it cannot be determined if the prior conviction was a felony, one point misdemeanors, or other misdemeanors, it shall be treated as other misdemeanors. When a prior conviction is for a crime which has a summary grade, and the grade of the conviction is unknown, the prior conviction shall not be counted in the Prior Record Score.
(e) A prior conviction or adjudication of delinquency for an offense which was misgraded is scored as a conviction for the current equivalent Pennsylvania offense.
(f) Out-of-state, federal or foreign offenses.
(1) An out-of-state, federal or foreign conviction or adjudication of delinquency is scored as a conviction for the current equivalent Pennsylvania offense.
(2) A court-martial for a criminal offense under the Uniform Code of Military Justice is considered a federal conviction and is scored as a conviction for the current equivalent Pennsylvania offense. Non-judicial punishments or administrative actions (e.g., Article 15, Article 134) which are not convictions shall not be counted in the Prior Record Score.
(3) When there is no current equivalent Pennsylvania offense, determine the current equivalent Pennsylvania grade of the offense based on the maximum sentence permitted, and then apply § 303.8(d)(2).
(g) Excluded offenses, charges and convictions. The following types of offenses, charges and convictions shall not be scored in the Prior Record Score:
(1) 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 300—320 (relating to accelerated rehabilitative disposition), 35 P.S. § 780-117 (relating to probation without verdict) or 35 P.S. § 780-118 (relating to disposition in lieu of trial or criminal punishment).
(2) A charge which is nolle prossed, dismissed, or on which a demurrer is sustained.
(3) Any prior conviction which contributed to an increase in the grade of a subsequent conviction, except for prior Driving Under the Influence of Alcohol or Controlled Substance convictions.
§ 303.9. Guideline sentence recommendation: general.
(a)(1) Basic sentence recommendations. Guideline sentence recommendations are based on the Offense Gravity Score and Prior Record Score. In most cases, the sentence recommendations are found in the Basic Sentencing Matrix (§ 303.16(a)). The Basic Sentencing Matrix specifies a range of sentences (i.e.—standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS).
(2) Sentences for offenders under age 18 for murder, murder of unborn child, or murder of law enforcement officer. If an offender is under age 18 years at the time of the offense and the conviction occurred after June 24, 2012, 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). If the court determines the convicted offender was under age 18 at the time of the offense and the conviction occurred after June 24, 2012, the court shall instead consider the Basic Sentencing Matrix for Offenders Under Age 18 Convicted of 1st or 2nd Degree Murder (§ 303.16(b)).
(3) Enhancement sentence recommendations. Guideline sentence recommendations may include sentence enhancements, which provide increases to the basic sentence recommendations when an enhancement factor identified by the Commission is present. Enhancement sentence recommendations are described in § 303.10. The application of an enhancement is determined by the court at sentencing, based on a preponderance of the evidence that the enhancement factor is present. Sentence enhancements can either be mandated by statute or directly adopted by the Commission.
(i) Several approaches are employed to establish enhancement sentence recommendations:
(A) assigning an offense gravity score to the offense that may be higher than comparable offenses without the enhancement, or assigning an offense gravity score equal to a comparable offense that includes the enhancement.
(B) increasing the assignment of an offense gravity score when the enhancement factor is present, which may include a subcategorization of the offense, in which a higher offense gravity score is assigned to the offense when the enhancement factor is present.
(C) adjusting the basic sentencing recommendation when the enhancement factor is present, by adding months to the top and bottom of the standard range.
(ii) If the court determines at sentencing that enhancement factors described in § 303.10 are present, the court shall instead consider the enhancement sentence recommendations described in § 303.10. The enhancement sentence recommendations shall not apply if the enhancement factor is:
(A) an element of the offense used to assign the Offense Gravity Score, pursuant to § 303.3(a); or
(B) a sentencing factor used to subcategorize the offense, pursuant to § 303.3(b).
(b) [Deadly Weapon Enhancement sentence recommendations. Except for those sentenced pursuant to 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), if the court determines that an offender possessed a deadly weapon pursuant to § 303.(a)(1), the court shall instead consider the DWE/Possessed Matrix (§ 303.17(a)). Except for those sentenced pursuant to 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), if the court determines that an offender used a deadly weapon pursuant to § 303.10(a)(2), the court shall instead consider the DWE/Used Matrix (§ 303.17(b)). Both enhanced matrices specify a range of sentences (i.e.—standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS)] (Reserved).
(c) [School/Youth Enhancement sentence recommendations. If the court determines that an offender violated the drug act pursuant to § 303.10(b), the court shall consider the applicable matrix in § 303.18, related to School, Youth or School and Youth Enhancements. When applying the School Enhancement, 6 months are added to the lower limit of the standard range and 12 months are added to the upper limit of the standard range. When applying the Youth Enhancement, 12 months are added to the lower limit of the standard range and 24 months are added to the upper limit of the standard range. When the School and Youth Enhancement is applied, 18 months are added to the bottom of the standard range and 36 months are added to the upper limit of the standard range. The range of sentences (i.e.—standard range) shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS)] (Reserved).
(d) Aggravated and mitigated sentence recommendations. To determine the aggravated and mitigated sentence recommendations, apply § 303.13. These procedures apply to both basic sentence recommen- dations and enhancement sentence recommendations.
(e) [Numeric] Confinement sentence recommendations. All numbers used for the ranges of the sentence recommendations suggest months of minimum confinement pursuant to 42 Pa.C.S. § 9755(b) (partial confinement) and § 9756(b) (total confinement), or the duration of restrictive conditions imposed through an order of probation pursuant to 42 Pa.C.S. § 9754, as described below:
(1) Confinement in a state facility (Department of Corrections) pursuant to:
(i) 42 Pa.C.S. § 9762(b)(1)
(ii) 42 Pa.C.S. § 9762(b)(2)
(2) Confinement in a county facility pursuant to:
(i) 42 Pa.C.S. § 9762(b)(2)
(ii) 75 Pa.C.S. § 3804(d)
(3) Confinement in a county facility pursuant to 42 Pa.C.S. § 9762(b)(3)
(4) Probation with restrictive conditions pursuant to:
(i) 42 Pa.C.S. § 9763(c) (relating to restrictive DUI probation conditions)
(ii) 42 Pa.C.S. § 9763(d) (relating to restrictive conditions of probation)
(5) Guidelines for restrictive conditions (42 Pa.C.S. § 2154.1)
(i) As required by statute:
(A) Probation guidelines shall address the use of county intermediate punishment programs as restrictive conditions of probation and the duration of terms of probation (42 Pa.C.S. § 2154(d));
(B) Guidelines for restrictive conditions shall give primary consideration to reducing recidivism for the protection of the public safety (42 Pa.C.S. § 2154.1).
(ii) The guidelines for restrictive conditions shall apply to an offender identified under the guidelines for probation (42 Pa.C.S. § 2154(d)) and the guidelines for restrictive conditions (42 Pa.C.S. § 2154.1) as eligible and appropriate for the use of county intermediate punishments programs as restrictive conditions of probation
(iii) Unless otherwise provided in § 303.12, the recommended duration of the aggregate term of probation imposed during a judicial proceeding may not exceed ten years and the duration of the restrictive conditions of probation (42 Pa.C.S. § 9763(d)) or a combination of confinement without parole (as provided in 42 Pa.C.S. §§ 9755(h) and 9756(c.1)) and restrictive conditions of probation may not exceed the suggested months of minimum confinement
(f) [Alphabetic sentence recommendations. RS in the sentence recommendation, an abbreviation for Restorative Sanctions, suggests use of the least restrictive, non-confinement sentencing alternatives described in] Non-confinement sentence recommendations. Probation with non-restrictive conditions (P) and other restorative sanctions (RS) are non-confinement community-based sentencing alternatives. A sentencing guidelines recommendation of RS suggests use of the least restrictive, non-confinement sentencing alternatives, and the sentencing guidelines recommendation of P suggests use of probation with non-restrictive general conditions, as described below:
(1) Probation guidelines (42 Pa.C.S. § 2154(d))
(i) As required by statute, when serving as a restorative sanction with non-restrictive conditions, probation guidelines shall address the duration of terms of probation.
(ii) When probation is imposed as a restorative sanction, the recommended duration of the term of probation may not exceed the probation recommendation provided in the Basic Sentencing Matrix (§ 303.16(a)):
(A) P1 = 1 year
(B) P2 = 2 years
(iii) When imposed as a restorative sanction, the recommended aggregate term of probation imposed during a judicial proceeding may not exceed five years.
(iv) Conditions of probation imposed as restorative sanctions shall be limited to those non-restrictive conditions authorized under 42 Pa.C.S. § 9763(b) (related to conditions generally).
(2) Other restorative sanctions include:
(i) 42 Pa.C.S. § 9753 (determination of guilt without further penalty)[, § 9754 (order of probation) and]
(ii) 42 Pa.C.S. § 9758 (fine)—as provided in § 303.14(a)(4) (relating to Fines/Community Service Guidelines)
(iii) 42 Pa.C.S. § 9721(c) (mandatory restitution) [is also included in RS.
No specific recommendations are provided for periods of supervision for these non-confinement sentencing alternatives. Recommendations related to fines and community service are found at § 303.14(a). RIP in the sentence recommendation, an abbreviation for Restrictive Intermediate Punishments, suggests use of Restrictive Intermediate Punishments pursuant to § 303.12(a)(4).]
(g) When the guideline sentence recommendation exceeds that permitted by 18 Pa.C.S. § 1103 and § 1104 (relating to sentence of imprisonment for felony and misdemeanor) and 42 Pa.C.S. § 9755(b) and § 9756(b) (relating to sentence of partial and total confinement) or other applicable statute setting the maximum term of confinement, then the statutory limit is the longest guideline sentence recommendation. For the purposes of the guidelines, the statutory limit is the longest legal minimum sentence, which is one-half the maximum allowed by law.
(h) Mandatory sentences. The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. When the sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline sentence recommendation.
(i) Mandatory sentences for which [county intermediate punishment is] Restrictive DUI probation conditions (42 Pa.C.S. § 9763(c)) are authorized. The court shall consider the sentence recommendations pursuant to this section (§ 303.9) for an offender convicted under [30 Pa.C.S. § 5502 (Operating Watercraft Under the Influence of Alcohol or a Controlled Substance),] 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked)[, Certain Offenses), 75 Pa.C.S. § 3802 (Driving Under the Influence of Alcohol or Controlled Substance) or 75 Pa.C.S. § 3808(a)(2) (Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock)], former 75 Pa.C.S. § 3731 (related to driving under the influence of alcohol or controlled substance) or 75 Pa.C.S. § 3804 (relating to penalties) for a first, second or third offense under 75 Pa.C.S. Chapter 38 (related to driving after imbibing alcohol or utilizing drugs). The court may use [a Qualified Restrictive Intermediate Punishment] Restrictive DUI probation conditions pursuant to § 303.12(a)(6) or a combination of confinement and restrictive DUI probation conditions to satisfy the mandatory minimum requirement as provided by law.
[(j) Criminal Gang Enhancement sentence recommendations. If the court determines that either a crime of violence as defined in 42 Pa.C.S. § 9714(g) or a violation of 35 P.S. § 780-113(a)(30) is committed in association with a criminal gang, the court shall instead consider the Criminal Gang Enhancement. The enhancement specifies a range of sentences (i.e., standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). The Criminal Gang Enhancement adds 12 months to the lower limit and adds 12 months to the upper limit of the standard range.
(k) Third Degree Murder of a Victim Younger than Age 13 Enhancement sentence recommendations. If the court determines that the victim of murder in the third degree as defined in 18 Pa.C.S. § 2502(c) was less than 13 years of age at the time of the offense, the court shall instead consider the Third Degree Murder of a Victim Younger than Age 13 Enhancement. The enhancement specifies a range of sentences (i.e., standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). The Third Degree Murder of a Victim Younger than Age 13 Enhancement adds 24 months to the lower limit of the standard range and assigns the statutory limit as the upper limit of the standard range. The sentence imposed will be served consecutively to any other sentence the person is serving and to any other sentence imposed by the court (42 Pa.C.S. § 9711.1).
(l) Sexual Abuse of Children Enhancement sentence recommendations. If the court determines that aggravating circumstances described in § 303.10(e) are present, the court shall instead consider the applicable Sexual Abuse of Children Enhancement related to number of images possessed by the offender or the nature and character of the abuse depicted:
(1) When applying enhancement based on the number of images possessed by the offender. If the offender possessed more than 50 images to 200 images, 6 months are added to the lower limit of the standard range and 6 months are added to the upper limit of the standard range. If the offender possessed more than 200 images to 500 images, 12 months are added to the lower limit of the standard range and 12 months are added to the upper limit of the standard range. If the offender possessed more than 500 images, 18 months are added to the lower limit of the standard range and 18 months are added to the upper limit of the standard range.
(2) When applying enhancement based on the nature and character of the abuse depicted. The Offense Gravity Score is one point higher than the assignments for 18 Pa.C.S. § 6312 (relating to sexual abuse of children) listed in § 303.15.
(3) When applying enhancement when both aggravating circumstances are present. The court shall consider the enhancement with the higher sentence recommendation.
(m) Arson Enhancement sentence recommendations. If the court determines that one or more of the factors described in § 303.10(f) are present, the court shall instead consider the Arson Enhancement. When the Arson Enhancement is applied, the Offense Gravity Score is one point higher than the assignments listed for 18 Pa.C.S. § 3301 (relating to arson) in § 303.15.
(n) Human Trafficking Enhancement sentence recommendations. If the court determines that one or more of the factors described in § 303.10(g) are present, the court shall instead consider the Human Trafficking Enhancement. When the Human Trafficking Enhancement is applied, the Offense Gravity Score assignments listed for 18 Pa.C.S. § 3011 (relating to trafficking in individuals) and § 3012 (relating to involuntary servitude) in § 303.15 are increased by one point for each additional factor listed. The points for each factor (§ 303.10(g)(1)—(4)) shall be cumulative, for a maximum of four points.
(o) Domestic Violence Enhancement sentence recommendations. If the court determines that an offender committed an offense against a family or household member as described in § 303.10(h), the court shall instead consider the Domestic Violence Enhancement as described below.
(1) When the enhancement is applied, the Offense Gravity Score assignments listed in § 303.15 are increased by one point. If the court further determines that an offender knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the offender or the victim, the court shall consider ordering the offender to pay the costs or fees associated with the treatment of the minor for exposure to domestic violence.
(2) The following words and phrases when used in this section shall have the following meanings as defined in 23 Pa.C.S. § 6102:
(i) Family or household member—Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.
(ii) Minor—An individual who is less than 18 years of age.]
§ 303.10. Guideline sentence recommendations: enhancements.
(a) Deadly Weapon Enhancement, as required by 42 Pa.C.S. § 2154.(b)(3).
(1) [When] Except for those sentenced pursuant to 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), when the court determines that the offender possessed a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Possessed Matrix (§ 303.17(a)). An offender has possessed a deadly weapon if any of the following were on the offender's person or within his immediate physical control:
(i) Any firearm, (as defined in 42 Pa.C.S. § 9712) whether loaded or unloaded, or
(ii) Any dangerous weapon (as defined in 18 Pa.C.S. § 913), or
(iii) Any device, implement, or instrumentality designed as a weapon or capable of producing death or serious bodily injury where the court determines that the offender intended to use the weapon to threaten or injure another individual.
(2) [When] Except for those sentenced pursuant to 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), when the court determines that the offender used a deadly weapon during the commission of the current conviction offense, the court shall consider the DWE/Used Matrix (§ 303.17(b)). An offender has used a deadly weapon if any of the following were employed by the offender in a way that threatened or injured another individual:
(i) Any firearm, (as defined in 42 Pa.C.S. § 9712) whether loaded or unloaded, or
(ii) Any dangerous weapon (as defined in 18 Pa.C.S. § 913), or
(iii) Any device, implement, or instrumentality capable of producing death or serious bodily injury.
(3) There shall be no Deadly Weapon Enhancement for the following offenses:
(i) Possessing Instruments of Crime
(ii) Prohibited Offensive Weapons
(iii) Possession of Weapon on School Property
(iv) Possession of Firearm or Other Dangerous Weapon in Court Facility
(v) Simple Assault (18 Pa.C.S. § 2701(a)(2))
(vi) Aggravated Assault (18 Pa.C.S. § 2702(a)(4)) (vii) Theft when property stolen is a firearm (18 Pa.C.S. Chapter 39)
(viii) Violations of the Pennsylvania Uniform Firearms Act
(ix) Any other offense for which possession of a deadly weapon is an element of the statutory definition or a sentencing factor considered in the Offense Gravity Score assignment
(x) If the Arson Enhancement under § 303.10(f)(1)(iii) is applied.
(4) The Deadly Weapon Enhancement shall apply to each conviction offense for which a deadly weapon is possessed or used.
(5) The DWE/Possessed Matrix (§ 303.17(a)) is based on the following enhancement of the basic sentencing recommendations:
(i) For OGS 1—OGS 4, three months is added to the lower and upper limits of the standard range
(ii) For OGS 5—OGS 8, six months is added to the lower and upper limits of the standard range
(iii) For OGS 9—OGS 14, nine months is added to the lower and upper limits of the standard range
(6) The DWE/Used Matrix (§ 303.17(b)) is based on the following enhancement of the basic sentencing recommendations:
(i) For OGS 1—OGS 4, six months is added to the lower and upper limits of the standard range
(ii) For OGS 5—OGS 8, 12 months is added to the lower and upper limits of the standard range
(iii) For OGS 9—OGS 14, 18 months is added to the lower and upper limits of the standard range
(b) School/Youth Enhancement.
(1) When the court determines that the offender distributed a controlled substance to a person or persons under the age of 18, the court shall consider the [range of sentences described in § 303.9(c)] Youth Enhancement Matrix (§ 303.18(b)).
(2) When the court determines that the offender manufactured, delivered or possessed with intent to deliver a controlled substance within 250 feet of the real property on which is located a public or private elementary or secondary school, the court shall consider the [sentence recommendations described in § 303.9(c)] School Enhancement Matrix (§ 303.18(a)).
(3) When the court determines both (b)(1) and (b)(2) apply, the court shall consider the [sentence recommendations described in § 303.9(c)] School and Youth Enhancement Matrix (§ 303.18(c)).
(4) The School/Youth Enhancement only applies to violations of 35 P.S. § 780-113(a)(14) and (a)(30).
(5) The School/Youth Enhancement shall apply to each violation which meets the criteria above.
(6) The School, Youth and School and Youth Enhancement Matrices are based on the following enhancements of the basic sentencing recommendations:
(i) For the School Enhancement Matrix (§ 303.18(a)), six months is added to the lower limits and 12 months is added to the upper limits of the standard range
(ii) For the Youth Enhancement Matrix (§ 303.18(b)), 12 months is added to the lower limits and 24 months is added to the upper limits of the standard range
(iii) For School and Youth Enhancement Matrix (§ 303.18(c)), 18 months is added to the lower limits and 36 months is added to the upper limits of the standard range
(c) Criminal Gang Enhancement, as required by 42 Pa.C.S. § 9720.4.
(1) When the court determines that the offender committed a crime of violence as defined in 42 Pa.C.S. § 9714(g) in association with a criminal gang, the court shall [instead] consider the sentence recommendations described in [§ 303.9(j)] subsection (c)(4).
(2) When the court determines that the offender committed a violation of 35 P.S. § 780-113(a)(30) in association with a criminal gang, the court shall [instead] consider the sentence recommendations described in [§ 303.9(j)]] subsection (c)(4).
(3) The Criminal Gang Enhancement shall apply to each violation which meets the criteria above.
(4) The enhancement specifies a range of sentences (i.e., standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). The Criminal Gang Enhancement adds 12 months to the lower limit and adds 12 months to the upper limit of the standard range.
(d) Third Degree Murder of a Victim Younger than Age 13 Enhancement, as required by 42 Pa.C.S. § 9711.1.
(1) When the court determines the victim of murder in the third degree as defined in 18 Pa.C.S. § 2502(c) was less than 13 years of age at the time of the offense, the court shall [instead] consider the sentence recommendations described in [§ 303.9(k)] subsection (d)(3).
(2) Third Degree Murder of a Victim Younger than Age 13 Enhancement shall apply to each violation which meets the criteria above.
(3) The enhancement adds 24 months to the lower limit of the standard range and assigns the statutory limit as the upper limit of the standard range. The sentence imposed will be served consecutive to any other sentence the person is serving and to any other sentence imposed by the court (42 Pa.C.S. § 9711.1).
(e) Sexual Abuse of Children Enhancement, as required by 42 Pa.C.S. § 9720.5.
(1) When the court determines that the offender violated 18 Pa.C.S. § 6312 (relating to sexual abuse of children) and that the offender possessed more than 50 images, the court shall [instead] consider the sentence recommendations described in [§ 303.9(l)(1)] subsection (e)(4). For purposes of this enhancement, the number of images is defined as follows:
(i) Each photograph, picture, computer generated image, or any similar visual depiction shall be considered to be one image.
(ii) Each video, video-clip, movie, or similar visual depiction shall be considered to have 50 images.
(2) When the court determines that the offender violated 18 Pa.C.S. § 6312 (relating to sexual abuse of children) and that the abuse depicted in the images possessed by the offender were of a sexual or violent nature or character, the court shall [instead] consider the sentence recommendations described in [§ 303.9(l)(2)] subsection (e)(4). This enhancement shall apply to any image possessed by the offender which portrays or contains any of the following:
(i) the bondage of a child;
(ii) a dangerous weapon as defined in 18 Pa.C.S. § 913 used in a sexual context;
(iii) penetration or attempted penetration of a child; or
(iv) an act which would constitute a crime under 18 Pa.C.S. Chapter 25 (relating to criminal homicide), 18 Pa.C.S. Chapter 27 (relating to assault) or 18 Pa.C.S. Chapter 31 (relating to sexual offenses).
(3) Sexual Abuse of Children Enhancement shall apply to each violation which meets the criteria above.
(4) The enhancement related to the number of images possessed by the offender or the nature and character of the abuse depicted provides the following:
(i) When applying enhancement based on the number of images possessed by the offender, if the offender possessed more than 50 images to 200 images, 6 months are added to the lower limit of the standard range and 6 months are added to the upper limit of the standard range; if the offender possessed more than 200 images to 500 images, 12 months are added to the lower limit of the standard range and 12 months are added to the upper limit of the standard range; if the offender possessed more than 500 images, 18 months are added to the lower limit of the standard range and 18 months are added to the upper limit of the standard range;
(ii) When applying enhancement based on the nature and character of the abuse depicted, the Offense Gravity Score is one point higher than the assignments for 18 Pa.C.S. § 6312 (relating to sexual abuse of children) listed in § 303.15;
(iii) When applying enhancement when both aggravating circumstances are present, the court shall consider the enhancement with the higher sentence recommendation.
(f) Arson Enhancement, as required by 42 Pa.C.S. § 9720.6.
(1) When the court determines that one or more of the following factors relating to arson as defined in 18 Pa.C.S. § 3301 are present, the court shall [instead] consider the sentence recommendations described in [§ 303.9(m)] subsection (f)(3):
(i) more than three persons were present inside the property at the time of the offense;
(ii) the fire caused more than $1,000,000 in property damage; or
(iii) the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa.C.S. § 5515(a) (relating to prohibiting paramilitary training).
(2) Arson Enhancement shall apply to each violation which meets the criteria above.
(3) When the Arson Enhancement is applied, the Offense Gravity Score is one point higher than the assignments listed for 18 Pa.C.S. § 3301 (relating to arson) in § 303.15.
(g) Human Trafficking Enhancement, as required by 18 Pa.C.S. § 3024.
(1) When the court determines that the offender committed a violation of human trafficking as defined in 18 Pa.C.S. § 3011 (trafficking in individuals) or § 3012 (involuntary servitude), and any of the following factors were present and not otherwise included as an element of the offense or a sentencing factor considered in the offense gravity score assignment in § 303.15, the court shall [instead] consider the sentence recommendations as described in [§ 303.9(n)] subsection (g)(2):
[(1)] (i) the offender committed a violation involving sexual servitude;
[(2)] (ii) the victim was a minor less than 18 years of age;
[(3)] (iii) an additional point is added if the victim was a minor less than 13 years of age;
[(4)] (iv) in the course of committing a violation, the offender also violated one or more of the following offenses:
18 Pa.C.S. § 2901 (relating to kidnapping); or
18 Pa.C.S. § 3121 (relating to rape); or
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(2) When the Human Trafficking Enhancement is applied, the Offense Gravity Score assignments listed for 18 Pa.C.S. § 3011 (relating to trafficking in individuals) and § 3012 (relating to involuntary servitude) in § 303.15 are increased by one point for each additional factor listed. The points for each factor (subsections (i)—(iv)) shall be cumulative, for a maximum of four points.
(h) Domestic Violence Enhancement, as required by 42 Pa.C.S. § 9720.8.
(1) When the court determines that the offender committed an offense under 18 Pa.C.S. Chapters 25, 27, 29, 30, 31, or 49 against a family or household member as defined in 23 Pa.C.S. § 6102, the court shall [instead] consider the sentence recommendation in [§ 303.9(o)] subsection (h)(2).
(2) When the Domestic Violence Enhancement is applied, the Offense Gravity Score assignments listed in § 303.15 are increased by one point. If the court further determines that an offender knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the offender or the victim, the court shall consider ordering the offender to pay the costs or fees associated with the assessment and treatment of the minor for exposure to domestic violence.
(3) The following words and phrases when used in this section shall have the following meanings as defined in 23 Pa.C.S. § 6102:
''Family or household member.'' Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.
''Minor.'' An individual who is less than 18 years of age.
(i) Other Enhancements.
(1) The following enhancements are provided in the sentencing guidelines through the assignment of an Offense Gravity Score or the subcategorization of the offense:
(i) 18 Pa.C.S. § 3133 (relating to sexual extortion, and the complainant is under 18 years of age or has an intellectual disability or the actor holds a position of trust or supervisory or disciplinary power over the complainant.)
(ii) 18 Pa.C.S. § 3301 (relating to arson, and bodily injury to firefighter, police officer, etc. or serious bodily injury to civilian) as provided in 42 Pa.C.S. § 4720.6.
(iii) 18 Pa.C.S. § 3502(a)(1)(i) (relating to home invasion burglary) as provided in 42 Pa.C.S. § 9720.7.
(iv) 18 Pa.C.S. § 3702 (relating to robbery of a motor vehicle).
(v) 18 Pa.C.S. § 6105(a.1)(1.1) (relating to person not to possess, use, manufacture, control, sell or transfer firearms, and the person was previously convicted or was in physical possession of a firearm).
(vi) 18 Pa.C.S. § 6312 (relating to sexual abuse of children based on aggravating circumstances such as the age of the child or a determination of prepubescence) as provided in 42 Pa.C.S. § 9720.5.
(vii) 75 Pa.C.S. § 3732 (relating to homicide by vehicle, and including DUI, active work zone, and/or violation of Sections 1501, 1543, 3316, 3325, and 3327).
(viii) 75 Pa.C.S. § 3732.1 (relating to aggravated assault by vehicle, and including DUI, active work zone, and/or violation of Sections 1501, 1543, 3316, 3325, and 3327).
(vix) 75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury if the victim dies).
(2) As provided in § 303.9(a)(3)(ii), no further enhancement applies.
§ 303.11. Guideline sentence recommendation: sentencing levels.
(a) Purpose of sentence. In writing the sentencing guidelines, the Pennsylvania Commission on Sentencing strives to provide a benchmark for the judges of Pennsylvania, a common starting point with a range of recommendations for the typical offender. The sentencing guidelines provide sanctions proportionate to the severity of the crime and the severity of the offender's prior conviction record. This establishes a sentencing system with a primary focus on retribution, but one in which the recommendations allow for the fulfillment of other sentencing purposes including rehabilitation, deterrence, and incapacitation.
The sentencing guidelines provide recommendations regarding the type of disposition, the duration of confinement and/or community supervision, the intensity of conditions, and the requirements associated with restitution and other economic sanctions. While the sentencing 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: (1) mandatory minimum sentencing provisions, which when applicable supersede the sentencing guidelines recommendations; (2) diagnostic evaluations of dependency on alcohol and other drugs and clinically prescribed treatment; and (3) 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.
While courts are required to consider the guidelines at sentencing, Pennsylvania's sentencing guidelines are advisory: ''Guidelines serve the laudatory role of aiding and enhancing the judicial 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, than require a particular sentence.'' Com. v. Walls (926 A.2d 957) (Pa., 2007).
The imposition of a sentence involves decisions beyond disposition and duration, such as place of confinement, paroling authority and intensity of community supervision. In many cases the court is required to determine the eligibility and appropriateness of individuals for program participation, including as provided in § 303.12: county intermediate punishment programs as restrictive conditions of probation, numerous state correctional programs operated by the Pennsylvania Department of Corrections, and reentry programs authorized at the time of sentencing. Additionally, the specialized jurisdiction of problem-solving courts, as authorized by 42 Pa.C.S. § 916, provide an avenue for the use of court-supervised individualized treatment programs and services.
(b) Sentencing levels. The sentencing level is based on the standard range of the sentencing recommendation. Refer to § 303.9 to determine which sentence recommendation (i.e.—Basic, Enhancement) applies. When the individual or aggregate minimum sentence recommendation includes confinement in a county facility, the court should consider the guidelines to determine the appropriateness and eligibility for probation with restrictive conditions as described in § 303.12(a) and county reentry as described in § 303.12(f)(1). When the individual or aggregate minimum sentence recommendation includes confinement in a state facility, the court should consider the guidelines to determine the appropriateness and eligibility for certain correctional programs, including State Motivational Boot Camp, State Drug Treatment Program, Recidivism Risk Reduction Incentive Program and Short Sentence Parole as described in § 303.12(b)—(e). The descriptions of the five sentencing levels are as follows:
(1) Level 1—Level 1 provides sentence recommendations for the least serious offenders with no more than one prior misdemeanor conviction, such that the standard range is limited to [Restorative Sanctions (RS)] non-confinement sentencing recommendations as provided in § 303.9(f). The primary purpose of this level is to provide the minimal control necessary to fulfill court-ordered obligations. [The following sentencing options are available:
Restorative Sanctions (§ 303.9(f)) (also see § 303.14(a)(4) for Fines/Community Service Guidelines)]
(2) Level 2—Level 2 provides sentence recommendations for generally non-violent offenders and those with numerous less serious prior convictions, such that the standard range requires a county sentence but permits both [incarceration and] non-confinement sentencing recommendations as provided in § 303.9(f) and confinement sentencing recommendations served in a county facility as provided in § 303.9(e)(2), (3) and (4). The standard range is defined as having an upper limit of less than 12 months and a lower limit of Restorative Sanctions (RS). The primary purposes of this level are control over the offender and restitution to victims. Treatment is recommended for drug dependent offenders. [The following sentencing options are available:
Total confinement in a county facility
Partial confinement in a county facility
County Intermediate Punishment (see § 303.12(a) for eligibility criteria)
Restorative Sanctions (§ 303.9(f)) (also see § 303.14(a)(4) for Fines/Community Service Guidelines)]
(3) Level 3—Level 3 provides sentence recommendations for serious offenders and those with numerous prior convictions, such that the standard range requires [incarceration or County Intermediate Punishment] confinement sentencing recommendations as provided in § 303.9(e), but in all cases permits a county sentence. The standard range is defined as having a lower limit of incarceration of less than 12 months. Included in Level 3 are those offenses for which a mandatory minimum sentence of 12 months or less applies and for which [a state or county intermediate punishment sentence] the use of restrictive DUI probation conditions as provided in § 303.9(e)(4)(i) is authorized by statute. The primary purposes of this level are retribution and control over the offender. If eligible, treatment is recommended for drug dependent offenders in lieu of incarceration. [The following sentencing options are available:
Total confinement in a state facility
Total confinement in a state facility, with participation in the State Motivational Boot Camp (see § 303.12(b) for eligibility criteria)
State Intermediate Punishment (see § 303.12(c) for eligibility criteria)
Total confinement in a county facility pursuant to 42 Pa.C.S. § 9762(b) or for DUI if the offender is subject to the extended supervision of the court pursuant to 75 Pa.C.S. § 3804(d)
Partial confinement in a county facility pursuant to 42 Pa.C.S. § 9762(b) or for DUI if the offender is subject to the extended supervision of the court pursuant to 75 Pa.C.S. § 3804(d)
County Intermediate Punishment (see § 303.12(a) for eligibility criteria)]
(4) Level 4—Level 4 provides sentence recommendations for very serious offenders and those with numerous prior convictions, such that the standard range requires confinement sentencing recommendations as provided in § 303.9(e) [state incarceration] but permits it to be served in a county facility [pursuant to 42 Pa.C.S. § 9762(b)] as provided in § 303.9(e)(2)(i). The standard range is defined as having a lower limit of incarceration of 12 months or greater but less than 30 months, but limited to offenses with an Offense Gravity Score of less than 9. Included in Level 4 are those offenses for which a mandatory minimum sentence of less than 30 months applies and for which [a state or county intermediate punishment sentence is] the use of restrictive DUI probation conditions as provided in § 303.9(e)(4)(i) and certain correctional programs as provided in § 303.12 are authorized by statute. The primary purposes of the sentencing options at this level are punishment and incapacitation. However, it is recognized that certain offenders at this level [are permitted to serve a sentence of total confinement in a county facility, pursuant to 42 Pa.C.S. § 9762(b), and some non-violent offenders] may benefit from drug and alcohol treatment. If eligible, [state or county intermediate punishment is] sentencing and correctional programs provided in § 303.12 are recommended for drug dependent offenders. [The following sentencing options are available:
Total confinement in a state facility
Total confinement in a state facility, with participation in the State Motivational Boot Camp (see § 303.12(b) for eligibility criteria)
State Intermediate Punishment (see § 303.12(c) for eligibility criteria)
Total confinement in a county facility pursuant to 42 Pa.C.S. § 9762(b) or for DUI if the offender is subject to the extended supervision of the court pursuant to 75 Pa.C.S. § 3804(d)
Partial confinement in a county facility pursuant to 42 Pa.C.S. § 9762(b) or for DUI if the offender is subject to the extended supervision of the court pursuant to 75 Pa.C.S. § 3804(d)
County Intermediate Punishment (see § 303.12(a) for eligibility criteria)]
(5) Level 5—Level 5 provides sentence recommendations for the most violent offenders and those with major drug convictions, such that the conviction has an Offense Gravity Score of 9 or greater and requires a confinement sentence recommendations as provided in § 303.9(e), or the standard range requires [state incarceration in a state facility] a confinement sentence recommendations in a state facility as provided in § 303.9(e)(1). The standard range in such a case is defined as having a lower limit of 12 months or greater. Included in Level 5 are those offenses for which a mandatory minimum sentence of 30 months or greater applies and for which [a state or county intermediate punishment sentence is] the use of restrictive DUI probation conditions as provided in § 303.9(e)(4)(i) and certain correctional programs as provided in § 303.12 are authorized by statute. The primary purposes of the sentencing options at this level are punishment commensurate with the seriousness of the criminal behavior and incapacitation to protect the public. If eligible, [state or county intermediate punishment is] sentencing and correctional programs provided in § 303.12 are recommended for drug dependent offenders. [The following sentencing options are available:
Total confinement in a state facility
Total confinement in a state facility, with participation in the State Motivational Boot Camp (see § 303.12(b) for eligibility criteria)
State Intermediate Punishment (see § 303.12(c) for eligibility criteria)
Total confinement in a county facility pursuant to 42 Pa.C.S. § 9762(b) or for DUI if the offender is subject to the extended supervision of the court pursuant to 75 Pa.C.S. § 3804(d)
Partial confinement in a county facility pursuant to 42 Pa.C.S. § 9762(b) or for DUI if the offender is subject to the extended supervision of the court pursuant to 75 Pa.C.S. § 3804(d)
County Intermediate Punishment (see § 303.12(a) for eligibility criteria)]
§ 303.12. Guideline sentence recommendations: sentencing and correctional programs.
(a) County intermediate punishment (CIP) programs as restrictive conditions of probation. County intermediate punishment programs are developed, implemented and operated for the following purposes: to protect society and promote efficiency and economy in the delivery of correctional services; to promote accountability of offenders to their local community; to fill gaps in local correctional systems and address local needs through expansion of punishment and services available to the court; and to provide opportunities for offenders who demonstrate special needs to receive services which enhance their ability to become contributing members of the community.
(1) Eligibility.
(i) The following regulations and statutes govern operation of and eligibility for county intermediate punishment programs as restrictive conditions of probation:
37 Pa. Code [§ 451.1] § 451.111 et seq.
42 Pa.C.S.[§] §§ 2154, 2154.1, 9754, 9763, § 9773 and Chapter 98
204 Pa. Code [§ 303.8 and] § 303.9 and § 303.11
(ii) Sentence recommendations which include an option of county intermediate punishment programs as restrictive conditions of probation for certain offenders are [designated in the guideline matrices] described in § 303.9(e)(4) and (5).
(2) The county intermediate punishment plan, as described in 42 Pa.C.S. Chapter 98, provides a mechanism to advise the court of the extent and availability of services and programs authorized in the county. This plan includes information on the appropriate classification and use of county programs based on program-specific requirements.
(3) [County intermediate punishments classifications. In order to incorporate county intermediate punishment programs into the sentencing levels, the Commission has classified county intermediate punishment programs as Restrictive Intermediate Punishments (RIP) and restorative sanction programs. Additionally, specific county intermediate punishment programs have been identified in legislation (42 Pa.C.S. §§ 9763(c) and 9804(b)) and regulation (37 Pa. Code § 451.52) as authorized sentences for convictions relating to Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, Driving While Operating Privilege is Suspended or Revoked, Driving Under the Influence of Alcohol or Controlled Substance and Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock; the Commission has classified these programs as Qualified Restrictive Intermediate Punishments] (Reserved).
(4) Restrictive [Intermediate Punishments (RIP)] conditions of probation. Restrictive [Intermediate Punishments] conditions of probation, as provided in 42 Pa.C.S. § 9763(d), are defined as programs that provide for strict supervision of the offender. The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of offenders. All programs must meet the statutory requirements for restrictive DUI probation conditions (relating to 42 Pa.C.S. § 9763(c)) and restrictive conditions of probation (relating to 42 Pa.C.S. § 9763(d)) and the minimum standards provided in the Pennsylvania Commission on Crime and Delinquency regulations (37 Pa. Code Chapter 451) for county intermediate punishments, and comply with the guidelines adopted pursuant to 42 Pa.C.S. § 2151.1 relating to adoption of guidelines for restrictive conditions).
(i) Restrictive [Intermediate Punishments (RIP) either] conditions of probation:
(A) house the [offender] person full time or part time; or
(B) significantly restrict the [offender's] person's movement and monitor the offender's compliance with the [program(s); or] program, including electronic monitoring or home confinement.
[(C) involve a combination of programs that meet the standards set forth above.]
(ii) An offender under consideration for [Restrictive Intermediate Punishments] restrictive conditions of probation at Level 4 or Level 3 shall have a diagnostic assessment of dependency on alcohol or other drugs conducted by one of the following: the Pennsylvania Department of Drug and Alcohol Programs or a designee; the county authority on drugs and alcohol or a designee; or clinical personnel of a facility licensed by the Department of Drug and Alcohol Programs.
(iii) An offender assessed to be dependent shall be evaluated for purposes of a treatment recommendation by one of the above listed assessors. The evaluation shall take into account the level of motivation of the offender. If sentenced to a [Restrictive Intermediate Punishment] restrictive conditions of probation, the sentence shall be consistent with the level of care and length of stay prescribed in the treatment recommendation, regardless of the standard range sentencing recommendation.
(iv) An offender assessed as not in need of drug or alcohol treatment may be placed in any approved [Restrictive Intermediate Punishment program] restrictive condition of probation. Each day of participation in a [Restrictive Intermediate Punishment program or combination of programs] restrictive condition of probation shall be considered the equivalent of one day of total confinement for guideline sentence recommendations.
(v) The court may impose [a Qualified Restrictive Intermediate Punishment] restrictive DUI probation conditions in lieu of incarceration for certain convictions under 75 Pa.C.S. § 3802 (relating to Driving Under the Influence of Alcohol or Controlled Substance).
(5) [Restorative sanction programs. Restorative sanction programs are the least restrictive, non-confinement intermediate punishments. Restorative sanction programs are generally used in conjunction with Restrictive Intermediate Punishments as the level of supervision is reduced, but may also be used as separate sanctions under any of the non-confinement sentencing alternatives provided in the statute (see § 303.9(f)).
(i) Restorative sanction programs:
(A) are the least restrictive in terms of constraint of offender's liberties;
(B) do not involve the housing of the offender (either full or part time); and
(C) focus on restoring the victim to pre-offense status] (Reserved).
(6) [Qualified Restrictive Intermediate Punishments] Restrictive DUI probation conditions. In accordance with 42 Pa.C.S. [§§ ] § 9763(c)[, 9804(b) and 37 Pa. Code § 451, Qualified Restrictive Intermediate Punishment programs] and § 303.9, restrictive DUI probation conditions may be used to satisfy the mandatory minimum sentencing requirements of certain convictions under [30 Pa.C.S. § 5502(c.1) for a first, second or third offense under 30 Pa.C.S. § 5502,] 75 Pa.C.S. § 1543(b), former 75 Pa.C.S. § 3731[,] or 75 Pa.C.S. § 3804 for a first, second or third offense under 75 Pa.C.S. Chapter 38[, or 75 Pa.C.S. § 3808(a)(2) Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock].
(i) Unless otherwise provided in statute, [Qualified Restrictive Intermediate Punishment programs] Restrictive DUI probation condition include:
(A) if the [offender] defendant is determined to be in need of drug and alcohol treatment, and receives a penalty imposed under 75 Pa.C.S. § 1543(b), former 75 Pa.C.S. § 3731, 75 Pa.C.S. § 3804 or a first, second or third offense under 75 Pa.C.S. Chapter 38, [or 75 Pa.C.S. § 3808(a)(2) a sentence to county intermediate punishment] a sentence with restrictive DUI probation conditions shall include participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c), and [may be combined with] shall have restrictive DUI probation conditions of:
(I) a residential inpatient program or residential rehabilitative center;
(II) house arrest with electronic surveillance;
(III) a partial confinement program such as work release, a work camp or a halfway facility; or
(IV) any combination of [Qualified Restrictive Intermediate Punishment] these programs.
(B) if the [offender] defendant is determined not to be in need of drug and alcohol treatment, [or if the defendant receives a penalty imposed under 30 Pa.C.S. § 5502(c.1), a sentence to county intermediate punishment may only include] the defendant shall have restrictive DUI probation conditions of:
(I) house arrest with electronic surveillance; or
(II) partial confinement programs such as work release, a work camp or a halfway facility; or
(III) any combination of [Qualified Restrictive Intermediate Punishment] these programs.
(b) State Motivational Boot Camp (BC). A program for eligible persons committed to the Department of Corrections in which inmates participate for a period of six months in a humane program which provides rigorous physical activity, intensive regimentation and discipline, work on public projects, substance abuse treatment services licensed by the Department of Health, continuing education, vocational training, prerelease counseling and community corrections aftercare.
(1) Eligibility.
(i) The following statute governs operation of and eligibility for the State Motivational Boot Camp: 61 Pa.C.S. Chapter 39.
(ii) [Sentence recommendations which include boot camp eligible offenders are designated by the letters BC in the cells of the Basic Sentencing Matrix (§ 303.16(a)).] Boot Camp is recommended for eligible persons less than 40 years of age committed to the Department of Corrections with a minimum term not more than two years and a maximum term of five years or less; or a minimum term not more than three years and within two years of completing the minimum term. The court may exercise discretion to exclude the person from eligibility. If eligible, the person must give consent to enter the program.
(2) The court shall indicate on the offender's commitment order and the Guideline Sentence Form if the [offender is authorized as eligible] person is excluded from eligibility for the boot camp program. The Department of Corrections makes the final determination as to whether the offender will be accepted into the boot camp program.
(3) Upon successful completion of the program, the person shall be immediately released on parole, subject to intensive supervision. Expulsion from the program results in the person's continued service of the original sentence imposed, with consideration of parole upon completion of the minimum term.
(c) [State Intermediate Punishment (SIP).] State Drug Treatment Program (SDP). A 24-month program for drug-related persons committed to the Department of Corrections designed to address the individually assessed drug and alcohol abuse and addition needs of a participant and to address other issues essential to the participant's successful reintegration into the community, including, but not limited to, educational and employment issues.
(1) Eligibility.
(i) The following statute governs operation of and eligibility for [State Intermediate Punishment] State Drug Treatment Program: 61 Pa.C.S. Chapter 41.
(ii) [Any person convicted of a drug-related offense for which the sentence recommendation includes total confinement in a state facility may be considered for state intermediate punishment.] State Drug Treatment Program is recommended for eligible persons convicted of drug-related offenses committed to the Department of Corrections with a minimum term not more than two years and a maximum term of five years or less; or a minimum term not more than five years and within two years of completing the minimum term. The court and the prosecutor may exercise discretion to exclude the person from eligibility. If eligible, the person must give consent to enter the program, and the DOC assessment must conclude that the person is in need of drug and alcohol addiction treatment.
(2) The court [may, upon motion of the Commonwealth, commit an offender to the custody of the Department of Corrections for the purpose of evaluating whether the offender would benefit from a drug offender treatment program and whether treatment in a drug offender treatment program is appropriate] shall indicate on the offender's commitment order and the Guideline Sentence Form if the person is excluded from eligibility for the State Drug Treatment Program. The Department of Corrections makes the final determination as to whether the offender will be accepted into the State Drug Treatment Program.
(3) Upon [receipt of a recommendation for placement in a drug offender treatment program and an individualized treatment plan from the Department of Corrections, and agreement of the attorney for the Commonwealth, the court may sentence an eligible offender to a period of 24 months of state intermediate punishment] successful completion of the program, the entire term of confinement that rendered the person eligible to participate in the State Drug Treatment Program shall be deemed to have been served. Expulsion from the program results in the person's continued service of the original sentence imposed, with consideration of parole upon completion of the minimum term.
(4) The court may impose a consecutive period of probation. The total duration of a sentence of state [intermediate punishment] confinement and consecutive probation may not exceed the maximum term for which the eligible offender could otherwise be sentenced.
(d) Recidivism Risk Reduction Incentive (RRRI). A program to encourage eligible non-violent offenders committed to the Department of Corrections to participate in and successfully complete evidence-based programs that reduce the likelihood of recidivism and improve public safety.
(1) Eligibility.
(i) The following statute governs operation of and eligibility for the Recidivism Risk Reduction Incentive Program: 61 Pa.C.S. Chapter 45.
(ii) Recidivism Risk Reduction Incentive Program is an individualized plan that contains approved treatment and other approved programs designed to reduce recidivism risk of a specific inmate. If the court determines the person committed to the Department is statutorily eligible, the court shall provide notice of eligibility to the person, and the court shall direct the Department to calculate the RRRI minimum sentence.
(2) The court shall indicate on the offender's commitment order and the Guideline Sentence Form if the person is eligible and direct the Department to calculate the RRRI minimum sentence. The RRRI minimum sentence is three-fourths of the minimum sentence when the minimum sentence is three years or less. The RRRI minimum sentence is offender is five-sixths of the minimum sentence when the minimum sentence is greater than three years.
(3) Upon certification by the Department that the person has completed all requirements of the program and remains an eligible offender, the Parole Board may grant parole upon the expiration of the RRRI minimum sentence.
(e) Short Sentence Parole (SSP). A program for eligible non-violent offenders committed to the Department of Corrections with an aggregate minimum sentence of confinement of two years or less for which parole at minimum without an interview is authorized
(1) Eligibility.
(i) The following statute governs operation of and eligibility for Short Sentence Parole: 61 Pa.C.S. § 6137.1.
(ii) Short Sentence Parole requires the Parole Board to approve for parole an eligible person at the expiration of the minimum date or RRRI minimum date, whichever is shorter, without requiring an interview.
(2) A person shall not be eligible for Short Sentence Parole if found guilty of a major disciplinary infraction while confined in a county or state correctional institution, or has pending felony charges.
(f) Reentry Programs
(1) County Reentry Program (as provided in 42 Pa.C.S. § 9756(b)(3))
(i) A release plan that may include drug and alcohol treatment, behavioral health treatment, job training, skills training, education, life skills or any other condition deemed relevant by the court.
(ii) At the time of sentencing, the court shall state whether or not the defendant is eligible to participate in a reentry plan at any time prior to the expiration of the minimum sentence or at the expiration of a specified portion of the minimum sentence.
(iii) The reentry plan eligibility shall be considered a party of the sentence and subject to the requirements related to the entry, recording and reporting of sentences.
(2) State Reentry Supervision (as provided in 61 Pa.C.S. § 6137.2)
(i) Requirement that applies to persons committed to the Department of Corrections with an aggregate minimum sentence of total confinement of four years or more.
(ii) At the time of sentencing, a period of reentry supervision of 12 months shall be imposed consecutive to and in addition to any other lawful sentence issued by the court.
(iii) The Court may impose the period of reentry supervision required in addition to the maximum sentence permitted for the offense for which the person was convicted.
(iv) Persons who have been granted any period of parole during the same period of incarceration shall be deemed to have served the reentry supervision requirement.
(3) Mandatory period of probation for certain sexual offenders (as provided in 42 Pa.C.S. § 9718.5)
(i) Requirement that applies to persons convicted of an offense under 42 Pa.C.S. § 9799.14(d) (relating to sexual offenses and tier system)
(ii) At the time of sentencing, a mandatory period of probation of three years shall be imposed consecutive to and in addition to any other lawful sentence issued by the court.
(iii) The court may impose the term of probation required in addition to the maximum sentence permitted for the offense for which the person was convicted.
§ 303.13. Guideline sentence recommendations: aggravated and mitigated circumstances.
(a) [When] Unless otherwise prohibited by statute, when the court determines that an aggravating [circumstance(s)] circumstance is present, [it] including consideration of validated assessments of risk, needs and responsivity to guide decisions related to the intensity of intervention, use of restrictive conditions and duration of community supervision, the court may impose an aggravated sentence as follows:
(1) For the Offense Gravity Scores of 9, 10, 11, 12 and 13 the court may impose a sentence that is up to 12 months longer than the upper limit of the standard range.
(2) For the Offense Gravity Score of 8, the court may impose a sentence that is up to 9 months longer than the upper limit of the standard range.
(3) For the Offense Gravity Scores of 6 and 7, the court may impose a sentence that is up to 6 months longer than the upper limit of the standard range.
(4) For the Offense Gravity Scores of 1, 2, 3, 4, and 5, the court may impose a sentence that is up to 3 months longer than the upper limit of the standard range. When imposing a fine or community service pursuant to § 303.14(a)(4), the court may impose a sentence that is up to 25 hours longer than the upper limit of the standard range.
(5) When the standard range is Restorative Sanctions (RS), the aggravated sentence recommendation is [RIP 3] 1—3.
(b) [When] Unless otherwise prohibited by statute, when the court determines that a mitigating [circumstance(s)] circumstance is present, [it] including consideration of validated assessments of risk, needs and responsivity to guide decisions related to the intensity of intervention, use of restrictive conditions and duration of community supervision, the court may impose a mitigated sentence as follows:
(1) For the Offense Gravity Scores of 9, 10, 11, 12, 13, and 14 the court may impose a sentence that is up to 12 months shorter than the lower limit of the standard range.
(2) For the Offense Gravity Score of 8, the court may impose a sentence that is up to 9 months shorter than the lower limit of the standard range.
(3) For the Offense Gravity Scores of 6 and 7, the court may impose a sentence that is up to 6 months shorter than the lower limit of the standard range.
(4) For the Offense Gravity Scores of 1, 2, 3, 4, and 5, the court may impose a sentence that is up to 3 months shorter than the lower limit of the standard range. When imposing a fine or community service pursuant to § 303.14(a)(4), the court may impose a sentence that is up to 25 hours shorter than the lower limit of the standard range.
(5) When the bottom of the standard range is less than or equal to 3 months of incarceration, the lower limit of the mitigated sentence recommendation is Restorative Sanctions (RS).
(6) In no case where [a Deadly Weapon Enhancement] an enhancement is applied may the mitigated sentence recommendation be lower than [3 months] the duration of the enhancement of the standard range described in § 303.10.
[(7) In no case where the School/Youth Enhancement is applied may the mitigated sentence recommendation be lower than 6 months for the School Enhancement, 12 months for the Youth Enhancement, and 18 months for the School and Youth Enhancement.
(8) In no case where the Criminal Gang Enhancement is applied may the mitigated sentence recommendation be lower than 12 months.
(9) In no case where the Third Degree Murder of a Victim Younger than Age 13 Enhancement is applied may the mitigated sentence recommendation be lower than 96 months.
(10) In no case shall a mitigated sentence for offenders under age 18 for murder of the first or second degree, murder of unborn child of the first or second degree, or murder of law enforcement officer of the first or second degree be less than the mandatory minimum established in statute (18 Pa.C.S. § 1102.1).
(11) In no case where the Sexual Abuse of Children Enhancement involving number of images is applied may the mitigated sentence recommendation be lower than 6 months for possession of greater than 50 to 200 images, be lower than 12 months for possession of greater than 200 to 500 images, and be lower than 18 months for greater than 500 images.]
(c) When the court imposes an aggravated or mitigated sentence, it shall state the reasons on the record and on the Guideline Sentence Form, a copy of which is electronically transmitted to the Commission on Sentencing in the manner described in § 303.1(e).
§ 303.14. Guideline sentence recommendations—economic sanctions.
(a) Fines.
(1) Fines may be added to any guideline sentence, as authorized by law. Relevant statutes include but are not limited to:
(i) 18 Pa.C.S. § 1101 (relating to fines)
(ii) 35 P.S. § 780-113(b)—(o) (relating to controlled substances)
(iii) 42 Pa.C.S. § 9726 (relating to fine as a sentence)
(iv) 42 Pa.C.S. § 9758 (relating to imposition of a fine)
(v) 75 Pa.C.S. § 3804 (relating to fines for DUI)
(2) A fine, within the limits established by law, shall be considered by the court when the offender is convicted of 35 P.S. § 780-113(a)(12), (14) or (30), and the drug involved is any of the following: a controlled substance or counterfeit substance classified in Schedule I or II and which is a narcotic; phencyclidine, methamphetamine, or cocaine, including the isomers, salts, compounds, salts of isomers, or derivatives of phencyclidine, methamphetamine, or cocaine; or is in excess of one thousand pounds of marijuana. Such fine shall be of an amount that is at least sufficient to exhaust the assets utilized in, and the proceeds obtained by the offender from, the illegal possession, manufacture, or distribution of controlled substances. Such fine shall not include assets concerning which the attorney for the Commonwealth has filed a forfeiture petition or concerning which he has given notice to the court of his intent to file a forfeiture petition.
(3) Fines may be utilized as [part of a county intermediate punishment sentence or as a non-confinement sentencing alternative] a condition of probation (see [restorative sanction] non-confinement sentence recommendations § 303.9(f)).
(4) Fines/Community Service Guidelines. The following guidelines shall be considered by the court when ordering fines or community service as a Restorative Sanction without confinement. Community service, when ordered, is imposed as a condition of probation. A fine, when ordered, is imposed as a non-confinement sentencing alternative or as a condition of probation. The fines guidelines are determined by multiplying the number of hours recommended by the offender's hourly wage or the current minimum wage, whichever is higher, but may not exceed the statutory maximum fine authorized by law
[(A)] (i) OGS 1
[i.] (A) PRS 0 25 hours-50 hours
[ii.] (B) PRS 1 50 hours-75 hours
[iii.] (C) PRS 2 75 hours-100 hours
[iv.] (D) PRS 3 100 hours-125 hours
[v.] (E) PRS 4 125 hours-150 hours
[vi.] (F) PRS 5 150 hours-175 hours
[(B)] (ii) OGS 2
[i.] (A) PRS 0 25 hours-50 hours
[ii.] (B) PRS 1 75 hours-100 hours
[iii.] (C) PRS 2 100 hours-125 hours
[iv.] (D) PRS 3 125 hours-150 hours
[v.] (E) PRS 4 150 hours-175 hours
[(C)] (iii) OGS 3
[i.] (A) PRS 0 50 hours-75 hours
[ii.] (B) PRS 1 150 hours-175 hours
[iii.] (C) PRS 2 225 hours-250 hours
[iv.] (D) PRS 3 300 hours-325 hours
[(D)] (iv) OGS 4
[i.] (A) PRS 0 100 hours-125 hours
[ii.] (B) PRS 1 225 hours-250 hours
[iii.] (C) PRS 2 300 hours-325 hours
[(E)] (v) OGS 5
[i.] (A) PRS 0 225 hours-250 hours
(b) Costs and fees.
(1) Costs and fees shall be added to any guideline sentence, as required by law. Relevant statutes include but are not limited to:
(i) 18 P.S. § 11.1101 (relating to Crime Victim's Compensation Fund costs)
(ii) 18 P.S. § 11.1102 (relating to costs of offender supervision programs)
(iii) 42 Pa.C.S. § 1725.3 (relating to criminal laboratory user fees)
(iv) 42 Pa.C.S. § 9721(c.1) (relating to mandatory payment of costs)
(v) 42 Pa.C.S. § 9728(b.2) (relating to mandatory payment of costs)
(2) Costs and fees, in addition to those required by law, may be added to any guideline sentence, as authorized by law. Relevant statutes include but are not limited to:
(i) 18 Pa.C.S. § 1109 (relating to costs of any reward)
(ii) 42 Pa.C.S. § 1725 (relating to establishment of fees and charges)
(iii) 42 Pa.C.S. § 1725.1 (relating to costs)
(iv) 42 Pa.C.S. § 1725.2 (relating to assumption of summary conviction costs by county)
(v) 42 Pa.C.S. § 1726.1 (relating to forensic exam costs for sexual offenses)
(vi) 42 Pa.C.S. § 1726.2 (relating to criminal prosecution involving domestic violence)
(vii) 42 Pa.C.S. § 9728(g) (relating to costs, etc.)
(3) Costs and fees, in addition to those required by law, shall be considered by the court pursuant to the Domestic Violence Enhancement (§ 303.9(o)), as authorized by law.
(c) Restitution
(1) Restitution shall be added to any guideline sentence, as authorized by law. Relevant statutes include but are not limited to:
(i) 18 Pa.C.S. § 1106 (relating to injuries to person or property)
(ii) 18 Pa.C.S. § 1107 (relating to theft of timber)
(iii) 18 Pa.C.S. § 1107.1 (relating to restitution for identity theft)
(iv) 18 Pa.C.S. § 1110 (relating to restitution for cleanup of clandestine laboratories)
(iii) 18 P.S. § 11.1302 (relating to restitution to the Office of Victim Services)
(v) 42 Pa.C.S. § 9721(c) (relating to mandatory restitution)
(2) Restitution may be imposed as a direct sentence [or] and/or as a condition of probation [or intermediate punishment], and is considered a non-confinement [sentencing alternative] sentence recommendation (see [restorative sanction] § 303.9(f)).
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