204 Pa. Code § 307.2 - Resentencing Guidelines standards

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

(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 probationfor all offenses committed on or after January 1, 2020. Amendments to the Resentencing Guidelines shall apply to revocations of probationfor all offenses committed on or after the effective date of the amendment. Amendment 1 is effective January 1, 2021.
(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 § 303.1(e).
(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 probationand 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

204 Pa. Code § 307.2
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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