204 Pa. Code § 307a.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, as provided in Chapter 307 (relating to resentencing guidelines for 7th edition sentencing guidelines), 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, as provided in Chapter 307, 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, 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 in the aggravated or mitigated range, or imposes a sentence that is a departure from the Resentencing Guidelines, the court shall report the reason or reasons for the deviation from the standard range of the guidelines to the Commission in the manner described as follows.

(e) Unless otherwise provided by the Commission, the JNET-based sentencing guidelines application shall be used at the court's direction to prepare the sentencing guideline form for any resentence for a revocation of probation.

(f) Following revocation of probation and resentencing, a completed guideline sentence form, including the state identification number (SID), the resentence imposed, reasons for deviation from the standard range of the resentencing guidelines, and all required guidelines and resentencing information, including information from the completed sentence guideline form associated with the initial order of probation, shall be made a part of the record, and the information electronically submitted to the Commission using the Commission's sentencing guidelines application no later than 30 days after the date of resentencing.

Notes

204 Pa. Code § 307a.2

Adopted by Pennsylvania Bulletin, Vol 53, No. 34. August 26, 2023, effective 1/1/2024