204 Pa. Code § 303a.5 Offense-Specific Sentence Recommendations

• Library: Pennsylvania Code (Rules and Regulations)
• Edition: 2023
• Currency: Current through Register Vol. 53, No. 52, December 30, 2023
• Citation: 204 Pa. Code § 303a.5
• Year: 2023

(a) General provisions.

(1) In writing the sentencing guidelines, the Commission strives to provide a framework for the judges of Pennsylvania. The guidelines serve as a common starting point at sentencing, with a standard range of offense-specific sentence recommendations for the typical circumstances, based on the seriousness of the conviction offense and the consideration of relevant criminal history and criminal behavior of the person As required by statute, aggravated and mitigated ranges are included to support the exercise of discretion when other circumstances are present.

(2) Through the establishment of sentencing levels, the sentencing guidelines are anchored to the purposes of sentencing and to the authorized dispositions provided in statute. Within these levels, an offense-specific sentence recommendation is provided for each conviction offense, based on the combination of OGS and PRS, intended to promote uniformity and proportionality. "The guidelines were designed to bring greater rationality and consistency to sentences and to eliminate unwarranted disparity in sentencing." Commonwealth v. Mouzon, 812 A.2d 617 (Pa 2002).

(3) While courts are required to consider the offense-specific sentence recommendations Pennsylvania's sentencing guidelines are advisory, and courts are required to individualize sentences. "Guidelines serve the laudatory role of aiding and enhancing the judicial exercise of judgement regarding case-specific sentencing. Guidelines may help frame the 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, rather than require a particular sentence." Commonwealth v. Walls (926 A.2d 957) (Pa 2007).

(b) Purposes of sentencing.

(1) As provided in the Model Penal Code: Sentencing (Model Penal Code § 204undefined1.02(2)), the general purposes in decisions affecting the sentencing of persons include: (i) To render sentences in all cases within a range of severity proportionate to the gravity of offenses, the harm done to victims, and the blameworthiness of persons; and (ii) When reasonably feasible, to achieve person rehabilitation, general deterrence, incapacitation of dangerous persons, restitution to crimes victims, preservation of families, and reintegration of persons into the law-abiding community, provided these goals are pursued within the boundaries of proportionality.

(2) The sentencing guidelines provide a system with a primary focus on retribution, but one which allows for the fulfillment of other utilitarian sentencing purposes, including person rehabilitation, general deterrence, incapacitation to protect the public, and victim restoration.

(3) While the 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: (i) Mandatory minimum sentencing provisions, which when applicable supersede the offense-specific sentence recommendations. (ii) Diagnostic evaluations of dependency on alcohol and other drugs and clinically prescribed treatment. (iii) 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.

(c) Sentencing levels and offense-specific sentence recommendations.

(1) Eight sentencing levels are associated with standard range recommendations for dispositions and durations, to allow for more consistent consideration of the authorized sentencing alternatives, and to address mandates related to the adoption of guidelines for probation, the use of restrictive conditions, and fines and community service. This also allows for the consideration of the risk and needs of the person, and for the use of sentencing and correctional programs. (i) The sentencing levels increase in severity from restorative sanctions (Level A) to total confinement in a State facility (Level D through Level H, depending on the duration of the recommendation). (ii) Consistent with retribution as the primary purpose of the guidelines, the increases in the severity of the recommendations are proportionate with increases in the seriousness of the offenses and the extent of the criminal history. The sentencing levels provide a rational basis for the consideration of both retributive and utilitarian purposes of sentencing.

(2) Standard range recommendations (i) Standard range recommendations, based on each combination of the OGS, assigned pursuant to § 204undefined303a.3 (relating to offense gravity score), and the PRS, determined pursuant to § 204undefined303a.4 (relating to prior record score), are provided in the sentencing matrix, located at § 204undefined303a.14 (relating to sentencing matrix). The standard range serves as a common starting point for sentencing and includes offense-specific sentence recommendations that apply to typical circumstances. (ii) The standard range include specific recommendations, consistent with the sentencing level that address the disposition and duration of a sentence, as well as the intensity of community supervision and the consideration of sentencing programs and are intended to promote uniformity and proportionality of sentencing. (iii) When the guideline sentence recommendation exceeds that permitted by 18 Pa.C.S. §§ 18 Pa.C.S.undefined1103 and 18 Pa.C.S.undefined1104 (relating to sentence of imprisonment for felony; and sentence of imprisonment for misdemeanors), the guideline sentence recommendation is capped at the statutory limit. For the purposes of the guidelines, the statutory limit is the longest legal minimum sentence, which is one-half the maximum period allowed by law. (iv) Treatment alternatives, including medically assisted treatment and behavioral therapies when clinically appropriate, may be considered to address substance use, behavioral health issues, or developmental disorders or disability. The specialized jurisdiction of problem-solving courts, as authorized by 42 Pa.C.S. § 42 Pa.C.S.undefined916...