Pennsylvania Commission on Sentencing
Proposals Published in Pennsylvania Bulletin (47 Pa.B. 1999)(04/08/2017)
Pennsylvania Commission on Sentencing
Proposed 7th Edition Sentencing Guidelines, Amendment 4
[204 Pa.Code Chapter 303]
and
Proposed Sentence Risk Assessment Instrument
[204 Pa.Code Chapter 305]
The Pennsylvania Commission on Sentencing hereby publishes for public comment a proposed
Amendment 4 to the 7th Edition Sentencing Guidelines, 204 Pa. Code §§303.1-303.18. The Commission
also publishes for public comment a proposed Sentence Risk Assessment Instrument, 204 Pa. Code
§§305.1-305.8, for use by the sentencing court to help determine the appropriate sentence within the
limits established by law. The proposed amendment is set forth in Annex A. The proposed Sentence Risk
Assessment Instrument is set forth in Annex B.
The 7th Edition Sentencing Guidelines, which the Commission adopted on September 13, 2012, apply to
all offenses committed on or after their effective date of December 28, 2012. Amendment 1 of the 7th
Edition Sentencing Guidelines was adopted on June 6, 2013 and became effective September 27, 2013;
Amendment 2 of the 7th Edition Sentencing Guidelines was adopted on June 5, 2014 and became
effective September 26, 2014; Amendment 3 of the 7th Edition Sentencing Guidelines was adopted on
June 4, 2015 and became effective September 25, 2015.
On March 16, 2017, the Commission adopted for the purposes of public comment Amendment 4 to the
7th Edition Sentencing Guidelines, primarily addressing four legislative mandates to create the following
sentencing enhancements:
(i) Offenses involving burglary of a home in which a person commits or attempts or threatens to
commit a bodily injury crime (Act 158 of 2016, 42 Pa.C.S.§9720.7);
(ii) Persons not to possess, use, manufacture, control, sell or transfer firearms (Act 134 of 2016, 18
Pa.C.S.§6105(a.1)(1.1));
(iii) Homicide by vehicle with conviction relating to prohibiting text-based communications (Act 165
of 2016, 75 Pa.C.S.§3732); and
(iv) Aggravated assault by vehicle with conviction relating to prohibiting text-based communications
(Act 165 of 2016, 75 Pa.C.S.§3732.1).
Additionally, offense gravity scores are assigned to new or modified offenses. The proposed
Amendment 4 is set forth in Annex A.
Act 2010-95 mandates the Commission to “… adopt a Sentence Risk Assessment Instrument for the
sentencing court to use to help determine the appropriate sentence within the limits established by
law… The risk assessment instrument may be used as an aide in evaluating the relative risk that an
offender will reoffend and be a threat to public safety.” (42 Pa.C.S.§2154.7) In addition to considering
the risk of re-offense and threat to public safety, Act 2010-95 also permits the risk assessment
instrument to be used to determine whether a more thorough assessment is necessary, or as an aide in
determining appropriate candidates for alternative sentencing (e.g., County Intermediate Punishment,
State Intermediate Punishment, State Motivational Boot Camp and Recidivism Risk Reduction Incentive).
URL: http://pasentencing.us
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Pennsylvania Commission on Sentencing
Proposals Published in Pennsylvania Bulletin (47 Pa.B. 1999)(04/08/2017)
The Commission published for public comment a preliminary Sentence Risk Assessment Instrument on
April 11, 2015 and held public hearings. The Commission requested comment on the preliminary
Sentence Risk Assessment Instrument, including but not limited to the following: (1) the development of
the risk assessment instrument and the factors being used; (2) the presentation of the risk assessment
information; (3) the use of risk assessment to address re-offense and threat to public safety; (4) the use
of risk assessment to determine whether a more thorough assessment is necessary; (5) the use of risk
assessment as an aide in determining appropriate candidates for alternative sentencing; and (6) any
other comments related to the development and implementation of a Sentence Risk Assessment
Instrument.
On March 16, 2017, the Commission adopted for the purposes of public comment the Sentence Risk
Assessment Instrument. The proposed Sentence Risk Assessment Instrument is set forth in Annex B,
including risk scales and recidivism rates. The risk scales and recidivism rates included with the Sentence
Risk Assessment Instrument use Pennsylvania arrests obtained from the Administrative Office of
Pennsylvania Courts. The Commission is re-analyzing these data to remove any arrests dismissed by a
minor court. Upon completion, the Commission will publish revised risk scales and recidivism rates and
hold a public hearing to receive comment before final adoption of the Sentence Risk Assessment
Instrument.
In accordance with 42 Pa.C.S.§2155, the Commission shall publish in the Pennsylvania Bulletin all
proposed sentencing guidelines and the Sentence Risk Assessment Instrument and hold public hearings
not earlier than 30 days and not later than 60 days thereafter to afford an opportunity for the following
persons and organizations to testify:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
Pennsylvania District Attorneys Association
Chiefs of Police Associations
Fraternal Order of Police
Public Defenders Organization
Law School faculty members
Pennsylvania Board of Probation and Parole
Pennsylvania Department of Corrections
Pennsylvania Bar Association
Pennsylvania Wardens Association
Pennsylvania Association on Probation, Parole and Corrections
Pennsylvania Conference of State Trial Judges
Any other interested person or organization
The Commission will hold the following five public hearings to receive comments on the proposed
Amendment 4 and the proposed Sentence Risk Assessment Instrument:
Hearing I.
Date:
Time:
Location:
Hearing II.
Date:
URL: http://pasentencing.us
Wednesday, May 17, 2017
1:00 p.m.
Blair County Courthouse, Courtroom 1
423 Allegheny Street
Hollidaysburg, PA 16648
Thursday, May 18, 2017
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Pennsylvania Commission on Sentencing
Proposals Published in Pennsylvania Bulletin (47 Pa.B. 1999)(04/08/2017)
Time:
Location:
Hearing III.
Date:
Time:
Location:
Hearing IV.
Date:
Time:
Location:
Hearing V.
Date:
Time:
Location:
2:00 p.m.
Westmoreland County Courthouse, Courtroom 7
2 North Main Street
Greensburg, PA 15601
Friday, May 19, 2017
9:00 a.m.
Allegheny County Courthouse, Courtroom 327
436 Grant Street
Pittsburgh, PA 15219
Tuesday, May 23, 2017
2:00 p.m.
Juanita Kidd Stout Center for Criminal Justice, Courtroom 504
1301 Filbert Street
Philadelphia, PA 19107
Wednesday, May 31, 2017
3:00 p.m.
Pennsylvania Judicial Center
601 Commonwealth Avenue, Harrisburg, PA
Persons or organizations wishing to testify before the Commission are asked to bring 30 copies of any
written comments to the public hearing. Arrangements to testify may be made by contacting the
Commission in advance of the hearing (Cathy Dittman at 814.863.5729 or [email protected]). Written
comments from persons or organizations not wishing to testify at one of the five public hearings should
be submitted no later than Friday, May 19, 2017 to: Mark H. Bergstrom, Executive Director,
Pennsylvania Commission on Sentencing, P. O. Box 1200, State College, PA 16804-1200.
The Commission will evaluate the proposed Amendment 4 to the 7th Edition Sentencing Guidelines and
the proposed Sentence Risk Assessment Instrument after consideration of the testimony and written
comments received. The Commission anticipates addressing these proposals at its next quarterly
meeting, which will be held on June 1, 2017, at the PA Judicial Center, 601 Commonwealth Avenue,
Harrisburg, PA. All Commission meetings are open to the public. Any proposal receiving final adoption
by the Commission is submitted to the General Assembly for review by way of publication in the
Pennsylvania Bulletin. Upon final adoption, Amendment 4 and/or the Sentence Risk Assessment
Instrument become effective 90 days after publication in the Pennsylvania Bulletin unless rejected by
concurrent resolution of the General Assembly.
President Judge Sheila A. Woods-Skipper
Chair
URL: http://pasentencing.us
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