§ 303a.1. Preliminary provisions.
(a) Authorization for adoption of guidelines.
(1) Adoption of guidelines for sentencing and probation. As authorized by 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), the Commission shall adopt guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate sentence for persons who plead guilty or nolo contendere to, or who were found guilty of, felonies and misdemeanors.
(i) In adopting guidelines, the Commission shall recommend confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and the community and the rehabilitative needs of the person.
(ii) The guidelines shall address the following retributive factors:
(A) Seriousness of the offense, by specifying the range of sentences applicable to crimes of a given degree of gravity.
(B) Criminal history, by specifying a range of sentences of increased severity or intensity of intervention for persons previously convicted of or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. The Commission may exclude or reduce the valuation of less serious offenses and increase the valuation of offenses committed while under supervision or in a temporal or offense pattern.
(C) Criminal behavior, by specifying a range of sentences of increased severity or intensity of possessed intervention for persons with increased culpability, including those who posessed or used a deadly weapon or inflicted substantial harm during the commission of the current conviction offense.
(D) Aggravated and mitigated ranges, by specifying variations from the range of sentences applicable on account of aggravating or mitigating circumstances.
(E) The impact of any amendments to 42 Pa.C.S. § 9756 (relating to sentence of total confinement).
(iii) The guidelines shall include the following risk-related adjustments:
(A) Incapacitation of serious violent persons.
(B) Modifications to criminal history to reflect risk to reoffend and substantial risk to public safety to adjust the length of total confinement for more serious criminal history.
(iv) The guidelines shall address the use of county intermediate punishment programs as restrictive conditions of probation and the duration of terms of probation.
(v) The guidelines shall include interactive information to support decisions with risk and recidivism information.
(2) Adoption of guidelines for restrictive conditions and certification of compliance. As authorized by 42 Pa.C.S. § 2154.1 (relating to adoption of guidelines for restrictive conditions), the Commission shall adopt guidelines to identify persons who would be eligible and appropriate for restrictive conditions of probation. These guidelines shall be considered by the sentencing court in determining whether to impose restrictive conditions pursuant to 42 Pa.C.S. § 9763 (relating to conditions of probation).
(i) The guidelines shall give primary consideration to reducing recidivism for the protection of the public safety.
(ii) The Commission shall certify compliance by each county with guidelines adopted by the Commission for county intermediate punishment or for imposing restrictive conditions of probation, and with related statutory requirements and 42 Pa.C.S. § 9728(g.1) (relating to collection of restitution, reparation, fees, costs, fines and penalties), and report the results to the Pennsylvania Commission on Crime and Delinquency.
(3) Adoption of guidelines for fines, other economic sanctions, and community service. As authorized by 42 Pa.C.S. § 2154.3 (relating to adoption of guidelines for fines), the Commission shall adopt guidelines for fines or other lawful economic sanctions, within the limits established by law, which shall be considered by the sentencing court in determining the appropriate sentence for persons who plead guilty or nolo contendere to or who are found guilty of felonies and misdemeanors. The guidelines shall do all of the following:
(i) Specify the range of fines or other lawful economic sanctions, applicable to crimes of a given degree of gravity.
(ii) Specify a range of fines or other lawful economic sanctions of increased amount for persons previously convicted or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. For purposes of this paragraph, the term ‘‘previously convicted or adjudicated delinquent’’ shall include any finding of guilt or adjudication of delinquency whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense.
(iii) Prescribe variations from the range of fines applicable on account of aggravating or mitigating circumstances.
(iv) Prescribe community service alternatives which may be imposed in lieu of all or part of the fines where the sentencing court finds the person lacks the ability to pay all or part of the fine.
(b) Authorized dispositions.
(1) The guidelines include recommendations regarding the type of disposition, referred to as sentencing alternatives; the duration of confinement and/or community supervision; the intensity of conditions; and the requirements associated with restitution and other economic sanctions.
(2) Sentencing alternatives. As provided in 42 Pa.C.S. Chapter 97 (relating to sentencing), courts shall consider and select one or more of the alternatives authorized by 42 Pa.C.S. § 9721 (relating to sentencing generally) when determining the sentence to impose. For purposes of the guidelines, the Commission has grouped these alternatives into four categories based on the increasing severity of the sanction to promote proportionality in sentencing.
(i) Restorative sanctions, including non-confinement and limited supervision alternatives such as:
(A) Determination of guilt without further penalty, pursuant to 42 Pa.C.S. § 9753 (relating to determination of guilt without further penalty).
(B) Fine, as provided in 42 Pa.C.S. § § 9726 and 9758 (relating to fine), subject to consideration of the defendant’s ability to pay, including but not limited to:
(I) 18 Pa.C.S. § 1101 (relating to fines).
(II) Section 13(b)—(o) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113(b)—(o)) regarding prohibited acts, penalties.
(III) 42 Pa.C.S. § 9726.
(IV) 75 Pa.C.S. § 3804 (relating to penalties).
(C) Restitution, as provided in 42 Pa.C.S. § § 9721(c) and 9763(b)(10), including but not limited to:
(I) 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property).
(II) 18 Pa.C.S. § 1107 (relating to restitution for 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).
(V) Section 1302 of the Crime Victims Act (18 P.S. § 11.1302) regarding restitution.
(D) Administrative probation.
(ii) General probation. Order of probation, pursuant to 42 Pa.C.S. § 9754 (relating to order of probation), as provided in 42 Pa.C.S. § 9763(b).
(iii) Probation with restrictive conditions. Order of probation, pursuant to 42 Pa.C.S. § 9754, as provided in:
(A) 42 Pa.C.S. § 9763(c) regarding restrictive DUI probation conditions; and
(B) 42 Pa.C.S. § 9763(d) regarding restrictive conditions of probation.
(iv) Confinement
(A) Partial or total confinement in a county facility, pursuant to 42 Pa.C.S. § 9755 (relating to sentence of partial confinement) and § 9756, as provided in:
(I) 42 Pa.C.S. § 9762(b)(2) and (3) (relating to sentencing proceeding; place of confinement); and
(II) 75 Pa.C.S. § 3804(d) regarding extended supervision of court.
(B) Total confinement in a State facility, pursuant to 42 Pa.C.S. § 9756, as provided in 42 Pa.C.S. § 9762(b)(1) and (2).
(c) Authorized programs.
(1) The guidelines include recommendations and requirements for sentencing and reentry programs for consideration by the court, as well as correctional programs operated by the Department for which the court determines eligibility and appropriateness.
(2) Sentencing and reentry programs. The following sentencing and reentry programs are authorized by statute for consideration by the courts:
(i) County intermediate punishment programs as restrictive conditions of probation, as provided in 42 Pa.C.S. § 9804 (relating to county intermediate punishment programs).
(A) Purpose. 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 persons 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 persons who demonstrate special needs to receive services which enhance their ability to become contributing members of the community.
(B) Eligibility. The following regulations and statutes govern operation of and eligibility for county intermediate punishment programs as restrictive conditions of probation:
(I) 37 Pa. Code § § 451.111—451.124 (relating to intermediate punishment program minimum standards).
(II) 42 Pa.C.S. § § 2154, 2154.1, 9754, 9763, 9773, and Chapter 98.
(III) Sentence recommendations which include an option of county intermediate punishment programs as restrictive conditions of probation for certain persons are described in § § 303a.3(c) and 303a.5(c) (relating to offense gravity score; and offense-specific sentence recommendations).
(C) Plan. The county intermediate punishment plan, as described in 42 Pa.C.S. Chapter 98 (relating to county intermediate punishment), 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.
(D) Restrictive conditions of probation. Restrictive conditions of probation, as provided in 42 Pa.C.S. § 9763(d), are defined as programs that provide for strict supervision of the person. The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of persons. All programs must meet the statutory requirements of 42 Pa.C.S. § 9763, satisfy the minimum standards of the Pennsylvania Commission on Crime and Delinquency regulations at 37 Pa. Code Chapter 451 (relating to intermediate punishment programs), and comply with the guidelines adopted pursuant to 42 Pa.C.S. § 2151.1 (relating to adoption of guidelines for restrictive conditions).
(I) Restrictive conditions of probation. House the person full time or part time or significantly restrict the person’s movement and monitor the person’s compliance with the program, including electronic monitoring or home confinement.
(II) A person under consideration for restrictive conditions of probation at Level C 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 Pennsylvania Department of Drug and Alcohol Programs.
(III) A person assessed to be dependent on alcohol or other drugs shall be evaluated for purposes of a treatment recommendation by one of the above listed assessors. The evaluation shall consider the level of motivation of the person. If sentenced to a restrictive condition 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) A person assessed as not in need of drug or alcohol treatment may be placed in any approved restrictive condition of probation. Each day of participation in a restrictive condition of probation shall be considered the equivalent of one day of confinement for offense-specific sentence recommendations.
(E) Restrictive DUI probation conditions. Restrictive DUI probation conditions, as provided in 42 Pa.C.S. § 9763(c), are specified programs that may be used to satisfy the mandatory minimum sentencing requirements of certain convictions under 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked), former 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled substance) (Repealed) or § 3804 for a first, second or third offense under 75 Pa.C.S. Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs). The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of persons. All programs must meet the statutory requirements of 42 Pa.C.S. § 9763, satisfy the minimum standards of the Pennsylvania Commission on Crime and Delinquency regulations at 37 Pa. Code Chapter 451, and comply with the guidelines adopted pursuant to 42 Pa.C.S. § 2151.1. Unless otherwise provided in statute, restrictive DUI probation conditions include:
(I) If the person 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, a sentence with restrictive DUI probation conditions shall include participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c), and shall have restrictive DUI probation conditions of: a residential inpatient program or residential rehabilitative center; house arrest with electronic surveillance; a partial confinement program such as work release, a work camp or a halfway facility; or any combination of these programs.
(II) If the person is determined not to be in need of drug and alcohol treatment, the person shall have restrictive DUI probation conditions of: house arrest with electronic surveillance; or partial confinement programs such as work release, a work camp or a halfway facility; or any combination of these programs.
(ii) County reentry plan, as provided in 42 Pa.C.S. § 9756(b)(3).
(A) 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.
(B) A county reentry plan is not authorized where the maximum sentence imposed is two years or more, or where a mandatory minimum sentence of imprisonment or total confinement is required by law.
(C) At the time of sentencing, the court shall state whether or not the person is eligible to participate in a county 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.
(D) The county reentry plan eligibility shall be considered a part of the sentence and subject to the requirements related to the entry, recording and reporting of sentences.
(iii) Partial release from a county facility (work release), as provided in 42 Pa.C.S. § 9755(c).
(A) An order, imposed with a partial confinement sentence, granting a person the privilege of leaving the county correctional facility during necessary and reasonable hours, for employment, education, medical treatment, or any other purpose approved by the court.
(B) At the time of sentencing, the court shall state whether partial release is authorized, and any conditions ordered, with a partial confinement sentence.
(C) Correctional authorities shall determine when and under what conditions consistent with the order issued the person shall be permitted to be absent from the correctional institution.
(iv) Mandatory period of probation for certain sexual offenders, as provided in 42 Pa.C.S. § 9718.5 (relating to mandatory period of probation for certain sexual offenders).
(A) Requirement that applies to persons convicted of an offense under 42 Pa.C.S. § 9799.14(d) (relating to sexual offenses and tier system).
(B) 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.
(C) 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.
(v) State reentry supervision, as provided in 61 Pa.C.S. § 6137.2 (relating to reentry supervision).
(A) Requirement that applies to persons committed to the Department with an aggregate minimum sentence of total confinement of four years or more.
(B) 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.
(C) 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.
(D) 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) Correctional programs. The following correctional programs are authorized by statute and operated by the Department for which the court determines eligibility and appropriateness:
(i) State motivational boot camp program, as provided in 61 Pa.C.S. Chapter 39 (relating to motivational boot camp).
(A) A program for eligible persons committed to the Department in which the person participates 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.
(B) Eligibility. The following statute governs operation of and eligibility for the state motivational boot camp: eligible persons, as provided in 61 Pa.C.S. § 3903 (relating to definitions).
(C) Boot camp is recommended for eligible persons less than 40 years of age committed to the Department 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.
(D) The court shall indicate on the person’s commitment order and the guideline sentence form if the person is excluded from eligibility for the boot camp program. The Department makes the final determination as to whether the person will be accepted into the boot camp program.
(E) 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.
(ii) State drug treatment program, as provided in 61 Pa.C.S. Chapter 41 (relating to state drug treatment program).
(A) A 24-month program for drug-related persons committed to the Department designed to address the individually assessed drug and alcohol abuse and addiction 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.
(B) Eligibility. The following statute governs operation of and eligibility for the State drug treatment program: eligible person, as provided in 61 Pa.C.S. § 4103 (relating to definitions).
(C) State drug treatment program is recommended for eligible persons convicted of drug-related offenses committed to the Department 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.
(D) The court shall indicate on the person’s commitment order and the guideline sentence form if the person is excluded from eligibility for the State drug treatment program. The Department makes the final determination as to whether the person will be accepted into the State drug treatment program.
(E) Upon 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.
(F) The court may impose a consecutive period of probation. The total duration of a sentence of State confinement and consecutive probation may not exceed the maximum term for which the eligible person could otherwise be sentenced.
(iii) Recidivism risk reduction incentive (RRRI) program, as provided in 61 Pa.C.S. Chapter 45 (relating to recidivism risk reduction incentive).
(A) A program to encourage eligible non-violent persons committed to the Department to participate in and successfully complete evidence-based programs that reduce the likelihood of recidivism and improve public safety.
(B) Eligibility. The following statute governs operation of and eligibility for the recidivism risk reduction incentive program: eligible person, as provided in 61 Pa.C.S. § 4503 (relating to definitions).
(C) 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 person. 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.
(D) The court shall indicate on the person’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 five-sixths of the minimum sentence when the minimum sentence is greater than three years.
(E) Upon certification by the Department that the person has completed all requirements of the program and remains an eligible person, the Board may grant parole upon the expiration of the RRRI minimum sentence.
(iv) Short sentence parole (SSP) program, as provided in 61 Pa.C.S. § 6137.1 (relating to short sentence parole).
(A) A program for eligible non-violent persons committed to the Department with an aggregate minimum sentence of confinement of two years or less for which parole at minimum without an interview is authorized.
(B) Eligibility. The following statute governs operation of and eligibility for SSP: 61 Pa.C.S. § 6137.1(a).
(C) SSP requires the 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.
(D) A person shall not be eligible for SSP if found guilty of a major disciplinary infraction while confined in a county or state correctional institution or has pending felony charges.
(d) Definitions. For the purposes of these guidelines, as codified in this chapter, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:
‘‘Adjudication.’’ A finding by a Juvenile Court that a juvenile has committed a delinquent act or that a child has committed an offense excluded from the definition of ‘‘delinquent act’’ and has been transferred from criminal proceedings pursuant to 42 Pa.C.S. § 6322 (relating to transfer from criminal proceedings).
‘‘Adjudication of delinquency.’’ Following an adjudication hearing in which a Juvenile Court finds the juvenile committed a delinquent act, a determination by a Juvenile Court that the juvenile is in need of treatment, supervision or rehabilitation.
‘‘Administrative probation.’’ An order of probation with supervision limited to only that necessary to monitor compliance and promote successful collection of restitution and/or fines and/or the completion of community service, for a period not to exceed six months.
‘‘Aggregate confinement sentence.’’ As required by 42 Pa.C.S. § 9762(f), two or more consecutive sentences that have been combined, whereby the aggregate minimum term is the sum of the consecutive minimum terms, and the aggregate maximum term is the sum of the consecutive maximum terms.
‘‘Aggregate term of probation.’’ The sum of all consecutive terms of probation imposed during a judicial proceeding.
‘‘Autism spectrum disorder.’’ Any of the pervasive developmental disorders defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), including autistic disorder, Asperger’s disorder and pervasive developmental disorder not otherwise specified.
‘‘BUI—boating under the influence.’’ An adjudication or conviction for violation of 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance).
‘‘Board.’’ Pennsylvania Parole Board. An independent executive branch agency comprised of nine members appointed by the Governor and confirmed by the Senate for six-year terms. The Board has the responsibility to parole, recommit for violations of parole, and to discharge from parole persons sentenced to confinement in a State facility.
‘‘Bodily injury.’’ Impairment of physical condition or substantial pain.
‘‘CPCMS—common pleas case management system.’’ A web-based application, operated by the Administrative Office of Pennsylvania Courts, which serves as a source of information from courts of common pleas on current and prior conviction offenses, used to prepare sentencing guidelines and sentence risk assessments.
‘‘Commission.’’ Pennsylvania Commission on Sentencing. A criminal justice agency of the General Assembly authorized to adopt and implement a sentence risk assessment instrument and guidelines for sentencing and resentencing to be considered by the court, and guidelines for parole and recommitment ranges following revocation to be considered by the Board.
‘‘Concurrent sentence.’’ Sentences imposed to be served simultaneously or at the same time.
‘‘Consecutive sentence.’’ Sentences imposed to be served one after another. As provided in 42 Pa.C.S. § 9757 (relating to consecutive sentences of total confinement for multiple offenses) and 42 Pa.C.S. § 9762(f), consecutive confinement sentences shall be aggregated into a single sentence with one minimum term and one maximum term.
‘‘Conviction.’’ A finding of guilty or the entering of a plea of guilty or nolo contendere for a felony or misdemeanor, whether or not judgement of sentence has been imposed.
‘‘Course of conduct.’’ A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.
‘‘Court.’’ Unless otherwise provided, a court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof, or any magisterial district judge.
‘‘Crime-free period.’’ Following a conviction and sentence and subsequent release to the community, the completion of a prescribed period of time without commission of a new felony or misdemeanor, for which the person pleads guilty or nolo contendere or is found guilty. For non-confinement sentences, release to the community begins on the date of sentencing; for confinement sentences, release to the community begins on the date of initial release on parole, or release following completion of the confinement sentence, whichever is earlier.
‘‘Crime of violence.’’ An offense listed under 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).
‘‘Criminal gang.’’ A formal or informal ongoing organization, association, or group, with or without an established hierarchy, that has as one of its primary activities the commission of criminal or delinquent acts and that consists of three or more persons.
‘‘DUI—driving under the influence.’’ An adjudication or conviction for a violation of former 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled substance) (Repealed) or 75 Pa.C.S. Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs).
‘‘Deadly weapon.’’ A firearm, as defined in 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms), whether loaded or unloaded; or any dangerous weapon, as defined in 18 Pa.C.S. § 913 (relating to possession of firearm or other dangerous weapon in court facility); or any device, implement, or instrumentality designed as a weapon or capable of producing death or serious bodily injury, including where the court determines that the person intended to use the weapon to threaten or injure another person.
‘‘Decay.’’ A type of lapsing which involves the removal from the determination of the prior record score certain prior adjudication or conviction offenses following a prescribed period of time.
‘‘Delinquent act.’’ An act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under Federal law.
‘‘Department.’’ Pennsylvania Department of Corrections. An executive branch agency responsible for operating the State prison system and providing parole supervision of reentrants.
‘‘Disposition.’’ Upon conviction, and for purposes of the guidelines, the sentencing alternative and/or program imposed by the court during a sentencing hearing. A separate consideration is the duration of the sentence.
‘‘Enhancement.’’ An increase in the OGS assignment that applies when a court determines one or more specified sentencing factors were present during the commission of a crime.
‘‘Family or household member.’’ Spouses or persons who have been spouses, persons living 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.
‘‘Gap.’’ A type of lapsing which involves the removal from the determination of the prior record score certain prior adjudication or conviction offenses following a prescribed crime-free period.
‘‘Guideline sentence form.’’ A document or a computer-generated sentence information report promulgated by the Commission. The form provides the court with a guideline sentence recommendation and other relevant information for each conviction offense for consideration prior to sentencing; following sentencing, the form includes information on the sentence imposed and reasons for the sentence. The form is generated by the Commission’s sentencing guidelines application based on information entered or verified by users authorized by the court; following sentencing, the Commission’s sentencing guidelines application is used to electronically submit all required information used to generate the form to the Commission.
‘‘Inchoate offenses.’’ The offenses of criminal attempt, criminal solicitation, and criminal conspiracy.
‘‘Intellectual disability.’’ Regardless of the age of the individual, significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas: communications; self-care; home living; social and interpersonal skills; use of community resources; self-direction; functional academic skills; work; safety.
‘‘Juvenile disposition.’’ The final determination made by a Juvenile Court after an adjudication of delinquency.
‘‘Judicial proceeding.’’ A sentencing hearing in which all offenses for which a person is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple dockets and OTNs.
‘‘Judicial proceeding consideration.’’ Suggestions for determining the service of multiple sentences, the eligibility and appropriateness of certain sentencing and correctional programs, and the aggregate term of probation during a sentencing hearing, intended to encourage greater consistency in sentencing and to promote the use of evidence-based practices. Decisions based on these general policies are not considered by the Commission when reporting conformity to the sentencing guidelines.
‘‘Lapsing.’’ The removal from the determination of the prior record score certain prior adjudication or conviction offenses. Lapsing includes ‘‘decay’’ and ‘‘gap.’’
‘‘MDJS—magisterial district judge system.’’ A web-based application, operated by the Administrative Office of Pennsylvania Courts, which serves as a source of information from minor courts on charges filed and the disposition of charges filed, used to prepare sentencing guidelines and sentence risk assessments.
‘‘Minor.’’ Unless otherwise specified, a person who is under 18 years of age.
‘‘OGS—offense gravity score.’’ An assignment in the sentencing guidelines reflecting the seriousness of the conviction offense. There are 30 general OGS categories, OGS 1 through OGS 30, and eight OGS categories limited to assignments for murder.
‘‘OTN—offense tracking number.’’ A unique identifying number assigned to an entire set of related charges. An OTN is generally assigned by the court at the time of arraignment.
‘‘Offense-specific sentence recommendation.’’ A recommendation for the disposition and duration of a sentence imposed for a conviction offense, intended to promote uniformity and proportionality in sentencing. A standard range recommendation represents the typical sentence for the typical circumstance; for sentences imposed in the mitigated or aggravated range, and for departures from the guidelines, courts are required to report reasons for the sentence.
‘‘POG—prior offense group.’’ Classification of previous adjudication and conviction offenses based on seriousness used to determine the prior record score. There are four groups, POG1 through POG4, with POG1 being the least serious previous offenses and POG4 being the most serious previous offenses.
‘‘PRS—prior record score.’’ A category in the sentencing guidelines reflecting the seriousness of the criminal history of a person, based on certain previous juvenile adjudications and/or convictions. There are five PRS categories, PRS 0 through PRS 4.
‘‘Prior adjudication.’’ A previous offense for which the commission of the offense and the adjudication of delinquency for the offense occurred prior to the commission of the current conviction offense.
‘‘Prior conviction.’’ A previous offense for which the commission of the offense and the conviction for the offense occurred prior to the commission of the current conviction offense.
‘‘RS—restorative sanctions.’’ Non-confinement and limited supervision sentencing alternatives and penalties, such as determination of guilt without further penalty, restitution, fines, community service and administrative probation.
‘‘SID—state identification number.’’ A unique number associated with each person based on fingerprints.
‘‘School zone.’’ Within 250 feet of the real property on which is located a public or private elementary or secondary school.
‘‘Sentencing guidelines.’’ Sentencing guidelines include offense-specific sentence recommendations, which must be considered by the court, and judicial proceeding considerations, which may be considered by the court. Determination of conformity to the sentencing guidelines, based on whether a sentence is imposed within one of the three ranges (i.e., standard, aggravated, mitigated), or is a departure from the guidelines (i.e., disposition and/or duration outside of the ranges or failing to follow procedures), only applies to the offense-specific recommendation.
‘‘Sentencing guidelines application.’’ A JNET web-based application developed and operated by the Commission and required to be used for the preparation of sentencing guidelines, sentence risk assessment instruments, and resentencing guidelines, and for the electronic reporting of all required information to the Commission.
‘‘Sentencing levels.’’ Categories associated with recommended dispositions and durations, based on the combination of the offense gravity score and prior record score. There are eight sentencing levels (Level A—Level H).
‘‘Serious bodily injury.’’ Bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
‘‘Serious crimes.’’ Except for crimes of violence, an adjudication or conviction for any felony of the first degree or felony of the second degree, or an adjudication or conviction for a felony of the third degree or misdemeanor of the first degree as provided in the following: 18 Pa.C.S. Part II, Article B (relating to offenses involving danger to the person), 18 Pa.C.S. Chapter 61-A (relating to Uniform Firearms Act), and 42 Pa.C.S. § 9799.14.
‘‘Statutory limit.’’ The longest minimum term of confinement permitted by law, which is one-half the statutory maximum.
‘‘Statutory maximum.’’ The maximum period of confinement or of probation authorized for the disposition of a person, as provided in 18 Pa.C.S. Chapter 11 (relating to authorized disposition of offenders).
Cross References This section cited in 204 Pa. Code § 303a.5 (relating to offense-specific sentence recommendations); and 204 Pa. Code § 303a.7 (relating to judicial proceeding considerations).
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