204 Pa. Code § 307.2 - Resentencing guidelines standards
(a) The court
shall consider the Resentencing Guidelines in determining the appropriate
resentence upon a revocation of probation.
(b) The Resentencing Guidelines shall apply
to revocations of probation for all offenses committed on or after January 1,
2020. Amendments to the Resentencing Guidelines shall apply to revocations of
probation for all offenses committed on or after the effective date of the
amendment.
(1) The initial Resentencing
Guidelines, effective January 1, 2020, apply to all offenses committed on or
after January 1, 2020, but prior to January 1, 2021, for which the 7th Edition,
Amendment 5 Sentencing Guidelines applied.
(2) Resentencing Guidelines, Amendment 1,
effective January 1, 2021, apply to all offenses committed on or after January
1, 2021, but prior to January 1, 2024, for which the 7th Edition, Amendment 6
Sentencing Guidelines applied.
(3)
Resentencing Guidelines for the 8th Edition Sentencing Guidelines, effective
January 1, 2024, as provided in Chapter 307a (relating to resentencing
guidelines for 8th Edition Sentencing Guidelines), apply to all offenses
committed on or after January 1, 2024, for which the 8th Edition Sentencing
Guidelines applied.
(c)
Upon revocation of probation, all sentencing alternatives available to the
court at the time of the initial sentence shall be available to the court for
resentencing.
(d) In every case in
which a court of record imposes a resentence for a felony or misdemeanor, the
court shall make as a part of the record and disclose in open court at the time
of resentencing, a statement of the reason or reasons for the revocation and
for the resentence imposed. In every case where a court of record imposes a
resentence outside the Resentencing Guidelines, the reason or reasons for the
deviation from the guidelines shall be recorded on the Guideline Sentence Form,
a copy of which shall be electronically transmitted to the Pennsylvania
Commission on Sentencing in the manner described in 204 Pa. Code chapter 303
(relating to sentencing guidelines, 7th edition).
(e) Unless otherwise provided by the
Commission, the JNET-based Sentencing Guidelines Software Web Application (SGS
Web) shall be used at the court's direction to report all revocations of
probation and related resentences to the Commission. The information shall be
electronically submitted to the Commission via SGS Web no later than 30 days
after the date of resentencing.
Notes
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