PENNSYLVANIA COMMISSION ON SENTENCING

Transcription

1 PENNSYLVANIA COMMISSION ON SENTENCING PENNSYLVANIA SENTENCING DATA: 1996 Overview of the Data Sets The Pennsylvania Commission on Sentencing is a legislative agency of the Commonwealth of Pennsylvania. It was created in 1978 to address problems of unwarranted disparity and undue leniency in judicial sentencing. The Commission s primary responsibility is to develop sentencing guidelines which must be considered by all judges in sentencing felony and misdemeanor offenses. Sentencing Guidelines Under the provisions of the Pennsylvania Sentencing Guidelines, all offenses are classified on the basis of the gravity of the current offense (Offense Gravity Score, or OGS) and the seriousness and extent of the offender s prior record (Prior Record Score, or PRS). For each combination of Offense Gravity Score and Prior Record Score, three levels of recommended guideline ranges are prescribed: 1) the standard range (for use under normal circumstances); 2) the aggravated range (for use when the judge determines that there are aggravating circumstances); and 3) the mitigated range (for use when the judge determines that there are mitigating circumstances). An enhanced range of sentences is prescribed if the offender possessed a deadly weapon while committing the offense, involved youths in drug trafficking, or trafficked in drugs within 1000 feet of a school. All guideline ranges refer to minimum incarceration sentences under Pennsylvania law; the ranges are stated in months. If either the aggravated or mitigated range is chosen, the judge is required to state and encouraged to write the aggravating or mitigating reasons which were found. Whenever a sentence is imposed outside of the recommended guideline ranges, the judge must provide a written statement of the reasons for departing from the guidelines. The court is required to submit a Guideline Sentence Form to the Commission on Sentencing within 20 days of sentencing. The 1996 sentencing data reflect all Pennsylvania felony and misdemeanor offenses which were sentenced in Common Pleas Court during calendar year 1996 AND which were reported to the Commission on Sentencing. Not all sentences are reported to the Commission. 1) Philadelphia Municipal Court sentences are not reported to the Commission. These may include DUI (driving under the influence) offenses as well as other misdemeanor offenses. 2) Offenses sentenced by district magistrates are not reported to the Commission. These typically include DUI offenses or other misdemeanor offenses. 3) Murder 1 and Murder 2 offenses, which are subject to life or death mandatory sentences, do not fall under the sentencing guidelines and are not required to be reported to the Commission. The Commission encourages reporting of the Murder 1 and Murder 2 offenses; many are reported and are included in the data collection. Murder 1 and Murder 2 do not have an OGS and conformity to the guidelines is not computed. 4) The Commission does not currently have an audit system to determine the extent of non-reporting. Not all sentences are reported but there is no way to know what percentage of cases are missing or whether they are missing in any systematic way. Pennsylvania incarceration sentences are stated in terms of a minimum sentence and a maximum sentence. The minimum indicates the amount of time the offender typically serves before being considered for parole. The maximum indicates the total amount of supervision time. Offenders serving state prison sentences cannot be released before the expiration of their minimum sentence; they could remain incarcerated until the expiration of their maximum sentence. Page 1

2 Data included in 1996 sentencing data include offenses sentenced under two different sets of sentencing guidelines. The 1991 sentencing guidelines pertain to all offenses committed on or after August 9, 1991, up until the time that the 1994 guidelines became effective. The 1994 sentencing guidelines became effective for all offenses committed on or after August 12, In this data collection, the variable GLEPOCH denotes which set of guidelines pertained to the offense. Several differences between the two sets of sentencing guidelines are relevant for analysis purposes. Some of the differences are summarized below. Category 1991 Guidelines 1994 Guidelines [GLEPOCH=A] [GLEPOCH=B] OGS for Non-Drug Offenses Numeric Scores 1-10 Numeric Scores 1-13 OGS for Drug Offenses Alpha Score A-N, (A is most Serious) Numeric Scores 1-13 Prior Record Scores (PRS) , 6=RFEL (Repeat Felony Offender) 8=REVOC (Repeat Violent Offender Category) Lapsing Provision for Some Prior Juvenile Offenses Does not apply Less serious juvenile offenses lapse for prior record purposes if the offender was 28 or older at the time of the current offense. Sentencing Levels Does not apply Level determines which sentencing options are available, including Restorative Sanctions, Intermediate Punishment, and Incarceration. Deadly Weapon Enhancement 12 months added to lower boundary of standard range and 24 months added to upper boundary of the standard range OGS 1-4 adds 3-6 months OGS 5-8 adds 6-12 months OGS 9-13 adds 9-18 months Notes on Using the Data In many instances the codebook presented below lists two versions of a variable. For example, the variable for gender listed below show both SEX and DSEX. The variables with D at the beginning of the variable name are display variables--separate variables created to describe the meaning of values for the regular form of the variable. For example, the values of the variable SEX are 1 and 2. For DSEX, the values are Female and Male. Data Set One Two Name Records Data Set Offense Data Set File Structure Rectangular Rectangular Number of Cases 59, ,738 Number of Variables Records per Case One One Page 2

3 RECORDS DATA SET Seq. Var Name Value Description Length Type 1 CID COMMISSION ID NUMBER -- ENTERED FROM GUIDELINE FORM 8 Char 2 SID STATE ID NUMBER 8 Char 3 PPID POLICE PHOTO ID NUMBER 8 Char 4 BATCH COMMISSION IDENTIFIER OF 'BATCH' IN WHICH THE FORM WAS ENTERED. [USED ONLY FOR MATCHING CASES] 8 Char 5 DOB OFFENDER'S BIRTH DATE 8 mm/dd/yy8. 6 DOS DATE OF SENTENCE 8 mm/dd/yy8. 7 DOSAGE OFFENDER'S AGE AT TIME OF SENTENCING 8 AGEEPOCH OFFENDER OVER 28 IF AGE UNKNOWN 1 Char A Offender is older than 28 (determines lapsing of juvenile PRS) B Offender s age is unknown 9 10 SEX OFFENDER'S GENDER 1 Char DSEX (DISPLAY) 8 Char 1 Male 2 Female Unknown 11 RACE OFFENDER'S RACE/ETHNICITY 1 Char 12 DRACE (DISPLAY) 8 Char 1 White 2 Black 3 Hispanic 4 Asian 5 Am Indian 6 Other Unknown 13 COUNTY SENTENCING COUNTY 3 Char * No cases with this value in 1996 data Page 3

4 14 DCOUNTY (DISPLAY) 20 Char Unknown 1 Adams 2 Allegheny 3 Armstrong 4 Beaver 5 Bedford 6 Berks 7 Blair 8 Bradford 9 Bucks 10 Butler 11 Cambria 12 Cameron 13 Carbon 14 Centre 15 Chester 16 Clarion 17 Clearfield 18 Clinton 19 Columbia 20 Crawford 21 Cumberland 22 Dauphin 23 Delaware 24 Elk 25 Erie 26 Fayette 27 Forest 28 Franklin 29 Fulton 30 Greene 31 Huntingdon 32 Indiana 33 Jefferson 34 Juniata 35 Lackawanna 36 Lancaster 37 Lawrence 38 Lebanon 39 Lehigh 40 Luzerne 41 Lycoming 42 McKean 43 Mercer 44 Mifflin 45 Monroe 46 Montgomery 47 Montour * No cases with this value in 1996 data Page 4

5 48 Northampton 49 Northumberland 50 Perry 51 Philadelphia 52 Pike 53 Potter 54 Schuylkill 55 Snyder 56 Somerset 57 Sullivan 58 Susquehanna 59 Tioga 60 Union 61 Venango 62 Warren 63 Washington 64 Wayne 65 Westmoreland 66 Wyoming 67 York PSI WAS A PRESENTENCE INVESTIGATION CONDUCTED? 8 Char DPSI (DISPLAY) 9 Char 1 Yes 2 No Unknown DAASS WAS A DRUG & ALCOHOL ASSESSMENT PERFORMED? 8 Char DDAASS (DISPLAY) 20 Char 0 Not performed 1 Dependent 2 Not dependent Unknown 19 STATUS CURRENT SUPERVISION STATUS 8 Char 20 DSTATUS (DISPLAY) 20 Char 1 Not supervised 2 State prison 3 County jail 4 IP program 5 Probation 6 Parole 7 Federal incarceration 8 Out of state incarceration 9 Other Unknown 21 DISP TYPE OF DISPOSITION OF CASE 8 Char * No cases with this value in 1996 data Page 5

6 22 DDISP (DISPLAY) 20 Char 1 Negotiated guilty plea 2 Non-negotiated guilty plea 3 Nolo Contendere 4 Bench trial 5 Jury trial 6 Other Unknown WARDET ARE THERE ANY WARRANTS OR DETAINERS? 8 Char DWARDET (DISPLAY) 20 Char 1 Yes 2 No * No cases with this value in 1996 data Page 6

7 Prior Record Offenses Component offenses for the prior record score. All of the following variables are coded as below: 0 None X Where X=the number of offenses 94 Guidelines: 4 Point Offenses (Non-lapsing) 91 Guidelines: 3 Point Offenses 25 MURA NO. OF PRIOR MURDER ADJUDICATIONS 26 MURC NO. OF PRIOR MURDER CONVICTIONS 27 VMA NO. OF PRIOR VOLUNTARY MANSLAUGHTER ADJUDICATIONS 28 VMC NO. OF PRIOR VOLUNTARY MANSLAUGHTER CONVICTIONS 29 RAPA NO. OF PRIOR RAPE ADJUDICATIONS 30 RAPC NO. OF PRIOR RAPE CONVICTIONS 31 IVDA NO. OF PRIOR IDSI ADJUDICATIONS 32 IVDC NO. OF PRIOR IDSI CONVICTIONS 33 KIDA NO. OF PRIOR KIDNAPPING ADJUDICATIONS 34 KIDC NO. OF PRIOR KIDNAPPING CONVICTIONS 35 ARSA NO. OF PRIOR ARSON ADJUDICATIONS 36 ARSC NO. OF PRIOR ARSON CONVICTIONS 37 ROBA NO. OF PRIOR ROBBERY ADJUDICATIONS 38 ROBC NO. OF PRIOR ROBBERY CONVICTIONS 91 & 94 Guidelines: 2 Point Offenses 39 BURA NO. OF PRIOR BURGLARY ADJUDICATIONS 40 BURC NO. OF PRIOR BURGLARY CONVICTIONS 41 AGA NO. OF PRIOR AGGRAVATED ASSAULT ADJUDICATIONS 42 AGC NO. OF PRIOR AGGRAVATED ASSAULT CONVICTIONS 43 F12A NO. OF PRIOR OTHER FELONY I & II ADJUDICATIONS 44 F12C NO. OF PRIOR OTHER FELONY I & II CONVICTIONS 45 DRGA NO. OF PRIOR FELONY DRUG ADJUDICATIONS 46 DRGC NO. OF PRIOR FELONY DRUG CONVICTIONS 91 & 94 Guidelines: 1 Point Offenses 47 F3A NO. OF PRIOR FELONY III ADJUDICATIONS 48 F3C NO. OF PRIOR FELONY III CONVICTIONS 49 WEA NO. OF PRIOR WEAPON MISDEMEANOR ADJUDICATIONS 50 WEC NO. OF PRIOR WEAPON MISDEMEANOR CONVICTIONS 51 MIS NO. OF PRIOR OTHER MISDEMEANOR CONVICTIONS 91 Guidelines 94 Guidelines 0-1=0 points 0-1=0 points 2-3=1 point 2-3=1 point 4 +=2 points 4-6=2 points 7+ =3 points 91 Guidelines Only 52 DUIA DUI ARD (ACCELERATED REHABILITATIVE DISPOSITION) 53 DUIC DUI CONVICTION * No cases with this value in 1996 data Page 7

8 OFFENSE DATA SET Seq Var Name Value Description Length Type CID COMMISSION ID NUMBER -- ENTERED FROM GUIDELINE FORM 8 Char BATCH 8 Char COMMISSION IDENTIFIER OF 'BATCH' IN WHICH THE FORM WAS ENTERED. [USED ONLY FOR MATCHING CASES] OFFSEQ OFFENSE SEQUENCE NUMBER TRANSEQ TRANSACTION SEQUENCE NUMBER OTN OFFENSE TRACKING NUMBER. OFFICIAL IDENTIFIER ASSIGNED 8 Char AT THE COUNTY DOCKET DOCKET NUMBER. OFFICIAL IDENTIFIER ASSIGNED BY THE 15 Char COURT SYSTEM AT THE DISTRICT JUSTICE LEVEL DOF DATE OF OFFENSE 8 mm/dd/yy8. GLEPOCH GL EPOCH: 1991 VS SENTENCING GUIDELINES 1 Char A B 1991 Guidelines 1994 Guidelines DOFAGE AGE AT DATE OF OFFENSE PCSOFF PCS OFFENSE CODE [SEE APPENDIX] PCSSUB PCS OFFENSE SUBCODE [SEE APPENDIX] 8 Char SUBSECT PA STATUTE SUBSECTION [NOT ALWAYS INCLUDED] 8 Char OFFLABEL OFFENSE LABEL. COMMISSION OFFENSE DESCRIPTION 50 Char COMPLETE OFFENSE COMPLETED/INCHOATE 1 Char 1 Completed 2 Attempted 3 Conspired 4 Solicited Unknown DRUGTYPE DESCRIPTION OF DRUG. FREE TEXT FIELD 15 Char DRUGAMT AMOUNT OF DRUG DRUGUNIT UNIT OF MEASUREMENT FOR DRUG AMOUNT 6 Char MSFLAG 'MOST SERIOUS' OFFENSE WITHIN A TRANSACTION 1 Char X Most serious offense Not the most serious offense 19 GRAD STATUTORY OFFENSE GRADE 4 Char MUR Murder F-1 Felony 1 F-2 Felony 2 F-3 Felony 3 F. Unclassified felony M-1 Misdemeanor 1 M-2 Misdemeanor 2 M-3 Misdemeanor 3 M. Unclassified misdemeanor * No cases with this value in 1996 data Page 8

9 20 GRADE STATUTORY OFFENSE GRADE (PCS CODE) 9 Murder 8 Felony 1 7 Felony 2 6 Felony 3 5 Unclassified felony 4 Misdemeanor 1 3 Misdemeanor 2 2 Misdemeanor 3 1 Unclassified misdemeanor 21 OGS OFFENSE GRAVITY SCORE [DOES NOT INCLUDE CHARACTER OGS] or does not apply 22 OGSCHAR OFFENSE GRAVITY SCORE [INCLUDES CHARACTER OGS FOUND IN 1991 GUIDELINES DRUG OFFENSES] or does not apply 23 BOOTCAMP JUDGE AUTHORIZES BOOT CAMP PARTICIPATION 1 Yes 2 No 24 PRS PRIOR RECORD SCORE [COMPUTED, BASED ON PRIOR OFFENSES LISTED IN RECORDS FILE] DWE ENHANCEMENT 8 Char DDWE (DISPLAY) 40 Char None applied 1 Weapon enhancement 2 School enhancement 3 Youth enhancement 4 School and youth enhancement 5 Weapon and school enhancement 6 Weapon and youth enhancement 7 All (Weapon, school, and youth enhancement) * No cases with this value in 1996 data Page 9

10 27 28 MAN MANDATORY APPLIED 8 Char DMAN (DISPLAY) 30 Char None applied 1 Visible Firearms ( ) 2 Repeat Offender ( ) 3 Public Transportation ( ) 4 Crimes against Elderly (60+)( ) 5 Crimes against Kids (<16) ( ) 6 DUI ( ) 7 Drug Trafficking ( ) 8 Drugs to Minors ( ) 9 Murder; 1st or 2nd ( ) 10 Arson; as Murder ( ) 11 Drug Delivery: Death 12 Use of Prohibited Bullets 13 Murder 3 w/ prior conviction 14 Impersonating Law Official 15 Homicide by Vehicle DUI 16 Other 17 Unknown mandatory applied 29 MANMIN LENGTH OF MANDATORY PENALTY APPLIED None applied # Length in months 997 Mandatory is Life 998 Mandatory is Death For GLEPOCH=A 30 RNGSTR1 STANDARD GUIDELINE RANGE 35 Char 31 RNGSTR2 AGGRAVATED GUIDELINE RANGE 35 Char 32 RNGSTR3 MITIGATED GUIDELINE RANGE 35 Char For GLEPOCH=B 30 RNGSTR1 MITIGATED - (BOTTOM STANDARD--TOP STANDARD) - AGGRAVATED 35 Char 31 RNGSTR2 GUIDELINE LEVELS: MITIGATED - STANDARD - AGGRAVATED 35 Char 32 RNGSTR3 [nothing included in this field] 35 Char * No cases with this value in 1996 data Page 10

11 INCSTR DESCRIPTION OF INCARCERATION SENTENCE 50 Char RIPSTR DESCRIPTION OF RIP 50 Char IPSTR DESCRIPTION OF IP SENTENCE 50 Char PROSTR DESCRIPTION OF PROBATION CONDITIONS 50 Char MONSTR DESCRIPTION OF MONETARY SENTENCE 50 Char NFPSTR NO FURTHER PENALTY DESCRIPTION 50 Char SUSPSTR DESCRIPTION OF SUSPENDED SENTENCE. [NOT E THAT 50 Char 'SUSPENDED SENTENCE' IS NOT A VALID SENTENCING OPTION IN PENNSYLVANIA.] INCTYPE TYPE OF INCARCERATION 1 Char 1 State: incarceration 2 County: incarceration 3 County: time served 4 County: work release 5 County: weekends 6 Other Does not apply 41 RIPTYPE TYPE OF RESTRICTIVE INTERMEDIATE PUNISHMENT 2 Char 1 Work camp 2 Work release 3 House arrest 4 Residential rehab/halfway house 5 D & A Inpatient 6 Electronic monitoring 7 Intensive supervision 8 Day reporting 9 Individualized services 10 RIP: Other 11 RIP: Type Unknown 12 RIP: Type To Be Determined Does not apply 42 IPTYPE TYPE OF INTERMEDIATE PUNISHMENT 2 Char Does not apply 1 D & A Outpatient 2 Community service 3 Drug testing 4 TASC 5 Fines program 6 Restitution program 7 Probation supervision 8 [not used] 9 Individualized services 10 RS: Other * No cases with this value in 1996 data Page 11

12 11 RS: Type Unknown 12 RS: Type To Be Determined Does not apply * No cases with this value in 1996 data Page 12

13 43 PROCOND CONDITIONS OF PROBATION 2 Char 1 Drug treatment 2 Alcohol treatment 3 Both drug & alcohol treatment 4 Education/training 5 Community/public service 6 Mental health/psychiatric 7 Probation ordered 8 TASC 9 House arrest 10 Other Does not apply 44 INCMIN MINIMUM LENGTH OF INCARCERATION (IN MONTHS). Does not apply 995 Time served (length not specified) 997 Life sentence 998 Death sentence 45 INCMAX MAX. LENGTH OF INCARCERATION. Does not apply 997 Life sentence 998 Death sentence 999 Maximum sentence cannot be determined: unknown 46 RIPMIN LENGTH OF RESTRICTED INTERMEDIATE PUNISHMENT (RIP) SENTENCE 47 IPMIN LENGTH OF INTERMEDIATE PUNISHMENT (IP) SENTENCE 48 PROMIN LENGTH OF PROBATION SENTENCE 49 FINE AMOUNT OF FINE IMPOSED.T Missing value. Fine imposed but amount is unknown. 50 COST COURT COSTS TO BE PAID.T Missing value. Cost assessed but amount is unknown. 51 REST RESTITUTION AMT. ($).T Missing value. Restitution assessed but amount is unknown. 52 INCWORK AUTHORIZED FOR COUNTY WORK RELEASE? 8 Char Y Yes N No U Unknown 53 INCIP AUTHORIZED FOR COUNTY I.P.? 8 Char Y Yes N No * No cases with this value in 1996 data Page 13

14 U Unknown * No cases with this value in 1996 data Page 14

15 54 55 CONFORM GUIDELINE CONFORMITY (DESCRIPTION) 40 Char Standard/Mandatory (1) Aggravated/Mandatory (2) Mitigated/Mandatory (3) Outside Boundary Above (4)/Mandatory Outside Boundary Below (4)/Mandatory Standard (5) Aggravated (6) Mitigated (7) Outside Boundary Below (8) Outside Boundary Above (9) Mandatory/Guidelines Do Not Apply Time Served/Unknown Conformity Unknown Conformity GL GUIDELINE CONFORMITY 1 Standard/Mandatory 2 Aggravated/Mandatory 3 Mitigated/Mandatory 4 Outside Boundary/Mandatory (Above or Below) 5 Standard 6 Aggravated 7 Mitigated 8 Outside Boundary Below 9 Outside Boundary Above 56 REASON1 DEPARTURE REASONS, AGGRAVATING & MITIGATING REASONS (SEE ATTACHED LIST) FIRST REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE 57 REASON2 SECOND REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE 58 REASON3 THIRD REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE 59 REASON4 FOURTH REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE 60 REASON5 FIFTH REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE 61 REASON6 SIXTH REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE 62 REASON7 SEVENTH REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE 63 REASON8 EIGHTH REASON FOR SENTENCING OUTSIDE STANDARD GUIDELINE RANGE * No cases with this value in 1996 data Page 15

16 [J=Judicial Proceeding: All of the following variables refer to judicial proceeding totals] JINCTYPE JP - TYPE OF INCARCERATION 1 Char JRIPTYPE JP - RIP TYPE 2 Char JIPTYPE JP - IP TYPE 2 Char JPROCOND JP - CONDITIONS OF PROBATION 2 Char JINCMIN JP - LENGTH OF MINIMUM INCARCERATION JINCMAX JP - LENGTH OF MAXIMUM INCARCERATION. JRIPMIN JP - LENGTH OF RIP (LONGEST ONE) JIPMIN JP - LENGTH OF IP JPROMIN JP - LENGTH OF PROBATION JFINE JP - FINES [$] JCOST JP - COURT COSTS [$] JREST JP - RESTITUTION AMT. ($) JINCSTR JP - DESCRIPTION OF INCAR. 50 Char JRIPSTR JP - RIP DESCRIPTION 50 Char JIPSTR JP - IP DESCRIPTION 50 Char JPROSTR JP - PROBATION DESCRIPTION 50 Char JMONSTR JP DESCRIPTION OF MONETARY PENALTIES 50 Char * No cases with this value in 1996 data Page 16