204 Pa. Code § 303a.7 - Judicial proceeding considerations
(a)
General
provisions. Judicial proceeding considerations are provided to address
the imposition of multiple sentences, encouraging practices that promote
greater consistency in the use of concurrent or consecutive sentences, and
promote consideration of various sentencing and correctional
programs.
(b)
Concurrent
and consecutive sentences. As provided in
42 Pa.C.S. §
9721(a) (relating to
sentencing generally), the court may impose one or more sentencing alternatives
consecutively or concurrently. When a judicial proceeding includes sentences
for multiple convictions, the court is encouraged to consider the imposition of
concurrent sentences for lesser conviction offenses within the same criminal
incident. Exceptions include:
(1) Sentences
for crimes of violence, and for convictions involving sexual assault, domestic
violence, and vulnerable victims.
(2) Consecutive sentences when required by
law, including but not limited to:
(i)18 Pa.C.S. §
2703(b) (relating to assault
by prisoner).
(ii)42 Pa.C.S. §
9711.1(c) (relating to
sentencing for certain murders of infant persons).
(iii)42 Pa.C.S. §
9718.5 (relating to mandatory period of
probation for certain sexual offenders).
(iv)61 Pa.C.S. §
6137.2 (relating to reentry
supervision).
(v)75 Pa.C.S. §
3735 (relating to homicide by vehicle while
driving under influence).
(vi)75 Pa.C.S. §
3804(c.2) and (c.3) (relating to
penalties).
(3)
Proceedings in which there are multiple crime victims, or multiple criminal
incidents.
(4) Circumstances for
which a longer sentence is warranted to address treatment
needs.
(c)
Consecutive sentences of total confinement. As provided in
42 Pa.C.S. §
9757
(relating to consecutive sentences of total confinement for multiple offenses),
when the court determines that a sentence should be imposed consecutive to one
being then imposed or one previously imposed, the court shall indicate the
minimum sentence to be served for the total of all offenses; the minimum
sentence shall not exceed one-half of the maximum sentence imposed. For
purposes of the guidelines, the total confinement sentence imposed during the
judicial proceeding shall be considered the aggregate confinement
sentence.
(d)
Consideration
of sentencing and correctional programs. When the aggregate
confinement sentence authorizes the use of a county facility, the court is
encouraged to consider a county reentry program or partial release program as
provided in §
303a.1(c)
(relating to preliminary provisions), and county parole pursuant to
42 Pa.C.S. §
9776
(relating to judicial power to release inmates). When the aggregate confinement
sentence authorizes the use of a State facility, the guidelines encourage the
court to determine the eligibility and appropriateness of the specified
Department programs provided in §
303a.1(c);
parole authority in such cases is under the jurisdiction of the Board pursuant
to
61 Pa.C.S. §
6132
(relating to specific powers of board involving offenders).
(e)
Consecutive sentences of
probation. Unless otherwise provided, the court is encouraged to limit
the aggregate term of probation imposed during a judicial proceeding to no more
than five years; and that the duration of the restrictive conditions of
probation, or a combination of confinement without parole, as provided in
42 Pa.C.S. §§
9755(h) and
9756(c.1) (relating to
sentence of partial confinement; and sentence of total confinement), and
restrictive conditions of probation, not exceed the aggregate months of
confinement recommended in the sentencing guidelines.
Notes
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