204 Pa. Code § 307.3 - Procedure for determining the guideline resentence
(a) For a technical violation resulting in
the revocation of an order of probation, the resentencing guidelines shall be
the same as the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter
303 (relating to sentencing guidelines), with consideration given to any
service of the original sentence.
(b) For a conviction violation resulting in
revocation of an order of probation, the resentencing guidelines shall begin
with the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter 303
(relating to sentencing guidelines), and include consideration of the
following:
(1) If the PRS category of the
initial sentencing guidelines is PRS 0 through PRS 4, the PRS is increased by
one category;
(2) If the PRS
category of the initial sentencing guidelines is PRS 5, RFEL, or REVOC, there
is no change to the PRS category.
Consideration shall be given to any service of the original sentence.
(c)
If the revocation of an order of probation is related to both a technical
violation and a conviction violation, the resentencing guidelines for the
conviction violation apply.
Notes
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(a) For a technical violation resulting in the revocation of an order of probation , the resentencing guidelines shall be the same as the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter 303 (relating to sentencing guidelines), with consideration given to any service of the original sentence.
(b) For a conviction violation resulting in revocation of an order of probation, the resentencing guidelines shall begin with the initial sentencing guidelines, pursuant to 204 Pa. Code Chapter 303 (relating to sentencing guidelines), and include consideration of the following:
(1) If the PRS category of the initial sentencing guidelines is PRS 0 through PRS 4, the PRS is increased by one category;
(2) If the PRS category of the initial sentencing guidelines is PRS 5, RFEL, or REVOC, there is no change to the PRS category.
Consideration shall be given to any service of the original sentence.
(c) If the revocation of an order of probation is related to both a technical violation and a conviction violation, the resen-tencing guidelines for the conviction violation apply.