204 Pa. Code § 303.13 - Guideline sentence recommendations: aggravated and mitigated circumstances
(a)
Unless otherwise prohibited by statute, when the court determines that an
aggravating circumstance is present, 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 1-3.
(b) Unless otherwise prohibited by statute,
when the court determines that a mitigating circumstance is present, 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 an enhancement is applied may the mitigated sentence
recommendation be lower than the duration of the enhancement of the standard
range described in §
303.10.
(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).
Notes
This section cited in 204 Pa. Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Code § 303.9 (relating to guideline sentence recommendation: general); 204 Pa. Code § 303.17(a) (relating to Deadly Weapon Enhancement/Possessed Matrix); 204 Pa. Code § 303.17(b) (relating to Deadly Weapon Enhancement/Used Matrix); and 204 Pa. Code § 307.4 (relating to guideline resentence recommendations).
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