204 Pa. Code § 307.1 - Preliminary provisions

Current through Register Vol. 52, No. 16, April 16, 2022

(a) Authorization.
(1) As authorized by 42 Pa.C.S. § 2154.4 (relating to guidelines for resentencing), the Commission shall adopt guidelines that shall be considered by the court when resentencing an offender following the revocation of probation.
(2) The Resentencing Guidelines shall take into account:
(i) factors considered in adopting the sentencing guidelines,
(ii) the seriousness of the violation, and
(iii) the rehabilitative needs of the defendant.
(b) Definitions. For the purposes of this chapter:

"Conviction." A finding of guilty or the entering of a plea of guilty or nolo contendere for a misdemeanor or felony in a court of record, whether or not judgement of sentence has been imposed.

"Court." A court of record.

"Judicial proceeding." A sentencing hearing in which all offenses for which the offender is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple OTNs.

"Offense gravity score (OGS)." An assignment in the sentencing guidelines reflecting the seriousness of a conviction offense (see: 204 Pa. Code § 303.3 and § 303.15).

"Offense tracking number (OTN)." A unique identifying number assigned to an entire set of charges related to a conviction. An OTN is generally assigned by the court at the time of arraignment.

"Prior record score (PRS)." A category in the sentencing guidelines reflecting the seriousness of the criminal history of an offender (see: 204 Pa. Code § 303.4).

"Probation." A sentencing alternative as provided in 42 Pa.C.S. § 9722 and imposed pursuant to 42 Pa.C.S. § 9754; conditions of probation, pursuant to 42 Pa.C.S. § 9763, include conditions generally (b), restrictive DUI probation conditions (c), and restrictive conditions of probation (d).

"Resentence." A new sentence imposed following the revocation of probation. Upon revocation, the sentencing alternatives available to the court shall be the same as were available at the time of the initial sentence, due consideration given to time spent serving the order of probation.

"Revocation." The termination of an order of probation , upon proof of a violation of specific conditions of the order or sentence, as provided in 42 Pa.C.S. §§ 9771 and 9771.1 (relating to revocation of probation).

"Risk assessment instrument." An empirically based worksheet which uses factors that are relevant in predicting recidivism. A risk assessment instrument is often identified with a specific 'generation' of development:

1st generation. "Professional judgment," with assessments based on training and experience;

2nd generation. "Risk assessment," an actuarial assessment of static criminal justice and demographic factors used to estimate risk of re-offense;

3rd generation. "Risk-needs assessment (RNA)," an actuarial assessment of static and dynamic factors and changing circumstances, such as relationships, employment, and substance abuse, used to estimate risk of re-offense and to assess criminogenic needs to be addressed through treatment and supervision;

4th generation. "Risk-needs-responsivity (RNR) assessment," an actuarial assessment of static and dynamic factors used to match the level of service to the offender's risk to re-offend; assess criminogenic needs and target them in treatment; and structure the sentence to address the learning style, motivation, abilities, and strengths of the offender.

"Sentencing Guidelines Software Web Application (SGS Web)." A JNET-based application operated by the Commission which includes the modules for Sentencing Guidelines and for Resentencing Guidelines. SGS Web serves as the source of data for the original reported sentence and associated information and the reporting source for revocations and resentences.

"State identification number (SID)." A unique number associated with each offender based on fingerprints. The Commission requires the inclusion of SID as part of the record in the completed Guideline Sentence Form (§ 303.1(f)).

"Violation." A finding by a court of record, following a hearing, that the offender failed to comply with terms and conditions of an order of probation .

"Technical violation." Failure to comply with the terms and conditions of an order of probation , other than by the commission of a new offense of which the offender is convicted in a court of record.

"Conviction violation." Commission of a new offense during the period of probation, resulting in a conviction for a misdemeanor or felony in a court of record, whether or not judgement of sentence has been imposed.

Notes

204 Pa. Code § 307.1
Adopted by Pennsylvania Bulletin, Vol 49, No. 36. September 7, 2019, effective 9/7/2019 Amended by Pennsylvania Bulletin, Vol 50, No. 39. September 26, 2020, effective 9/26/2020

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