Glossary of Criminal Justice Sentencing Terms

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1 Please see the Commission s Sentencing Guidelines Implementation Manual for additional detailed information. Concurrent or Consecutive Sentences When more than one sentence is imposed, or when a sentence is imposed on a defendant who is sentenced for another offense, the court must state whether the sentences shall run concurrently (simultaneously) or consecutively (sequentially). Upon imposition of a sentence, the court shall state the date of the sentence will commence. Consecutive sentences are automatically aggregated. A conviction is considered totally concurrent if the sentence imposed did not increase the term of probation, intermediate punishment or partial total confinement of any sentence (PRS policy under 5th Edition sentencing guidelines). County Intermediate Punishment In any case where an individual or aggregate sentence recommendation may include total confinement, county intermediate punishment is recommended for eligible offenders with a minimum sentence recommendation of less than 30 months. The following regulations and statutes govern operation of and eligibility for county intermediate punishment programs: 37 Pa.Code et seq.; 42 Pa.C.S. 9729, 9763, 9773 and Chapter 98. County Sentences A county sentence is any sentence of incarceration where the maximum is less than two years, an unlimited term of county intermediate punishment or an unlimited term of probation. Paroling authority is vested in the court. Deadly Weapon Enhancement When the court determines that the offender possessed a deadly weapon during the commission of the current conviction offense, the court shall consider the deadly weapon enhancement/possessed matrix ( ). Both specify a range of sentences that shall be considered by the court for each combination of offense gravity score and prior record score. Jail Jail is a county correctional facility under county jurisdiction. Most, but not all, counties have a county jail facility. Generally, offenders with a maximum sentence of incarceration of less than two years are sentenced to county jail. The court has discretion as to whether to sentence offenders with maximum incarceration sentences of two to less than five years to county jail or state prison. Judicial Proceeding A judicial proceeding is a proceeding in which all offenses for which an offender has been convicted are pending before the court for sentencing at the same time. It may include multiple offenses and transactions ( 303.2(b)). Page 1 of 6 Updated: 12/2009

2 Mandatory Sentences Mandatory sentences are established by the Legislature, not the Commission on Sentencing. The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. When the sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline recommendations. Maximum Sentence The court must impose a maximum sentence that is at least double the minimum sentence, but the maximum sentence cannot exceed the period of time authorized by 18 Pa.C.S While there are exceptions, generally the longest maximum sentences are provided by statute. Once an incarcerated offender is paroled, the balance of the sentence (until the maximum is reached) is served on parole. Minimum Sentence The sentencing guidelines and most mandatory sentencing provisions address only the minimum sentence. Sentencing guideline recommendations are ranges of months that the court must consider prior to imposing a minimum sentence for any offense. In nearly all instances, an offender incarcerated in state prison must serve the entire minimum sentence prior to becoming eligible for parole. Offense Gravity Score The offense gravity score measures the seriousness of the current conviction. It is the primary determinate of the suggested guideline ranges. It ranges from 1 (lowest) to 14 (highest). Offense gravity scores may be located in Omnibus Score The omnibus offense gravity score is applied when the offense is not otherwise listed in or when the grade of an offense listed in has changed, unless application of this section would result in a lower offense gravity score for an increased grading of offense. Parole Parole is the conditional release from jail, prison or other confinement. This allows an offender to serve the remainder of his sentence outside the confines of an institution as long as the established terms and conditions are met. County court and parole offices have authority to parole and supervise offenders with a county sentence (less than two-year maximum). However the Pa. Board of Probation and Parole has authority to parole and to supervise offenders with a maximum sentence of two or more years. Page 2 of 6 Updated: 12/2009

3 Prior Record Score Determination of the prior record score is based on the type and number of prior convictions ( 303.5) and some prior juvenile adjudications ( 303.6). There are eight categories: REVOC, REFEL, and point-based categories between 0 and 5, with 5 reflecting the most serious prior record. Prison State prisons are state correctional institutions, operated by the Pa. Department of Corrections. There are 26 state prison facilities and the Motivational Boot camp in Pennsylvania. Generally, offenders with a maximum sentence of incarceration of two or more years are sentenced to state prison. The court has discretion as to whether to sentence offenders with maximum incarceration sentences of two to less than five years to county jail or state prison Probation Probation is a restorative sanction. A sentence of probation is suggested when criminal activity included no serious harm, the defendant is generally law abiding, the behavior is unlikely to recur and confinement is deemed unnecessary. A flat sentence, within the statutory maximum, is imposed and served in the community under specified conditions established by the applicable county or state authority. Repeat Felony 1/Felony 2 Offender Category This category includes serious repeat felony offenders who have previous convictions and/or adjudications for F1 and F2 offenses that total 6 points or more, and who are not classified in the REVOC category. Repeat Violent Offender Category This category includes the most heinous, repeat, violent offenders. It applies when at least two of the prior convictions and/or adjudications are for offenses that are assigned four points in the prior record score, and when the current offense of conviction is a serious or violent offense. The Commission has defined such serious or violent offenses as those assigned an offense gravity score of 9 or greater. The minimum sentence in this category is the statutory limit. Restitution Restitution shall be added to any guideline sentence, as authorized by law. It may be imposed as a direct sentence or as a condition of probation or intermediate punishment and is considered a non-confinement sentencing alternative. Page 3 of 6 Updated: 12/2009

4 Restorative Sanctions (sentencing alternative) A non-confinement sentencing alternative ( 303.9(f)), restorative sanctions fall under level 1 of the Sentencing Guidelines. It is recommended for the least serious offender, having no more than one prior misdemeanor conviction. Minimal control of the offender is necessary in order to fulfill court-ordered obligations. Restorative sanctions may include fines, restitution, or probation. Restorative Sanction Programs Restorative sanction programs should only be used within a sentence of county intermediate punishment. Programs are the least restrictive in terms of constraint of offender s liberties; do not involve housing the offender full or part time; and focus on restoring the victim to preoffense status. Restrictive Intermediate Punishment (RIP) These are defined as those programs that provide for strict supervision of the offender. The county intermediate punishment board is required to develop assessment and evaluation procedures to assure the appropriate targeting of offenders. All programs must meet the minimum standards provided in PCCD regulations. RIP either 1) houses offender full or part time; 2) significantly restricts the offender s movement and monitor the offender s compliance with the program; or 3) involves a combination of programs that meet standards set forth in 1 or 2. Restrictive Intermediate Punishment/Drug and Alcohol An offender under consideration for RIP (see above) at Levels 4 and 3 shall have a diagnostic assessment of dependency on alcohol or drugs conducted by one of the following: the Pa. Department of Health s Bureau of Drug and Alcohol Programs or a designee, the county authority on drugs and alcohol or a designee; or clinical personnel of a facility licensed by the Bureau of Drug and Alcohol Programs. If assessed to be dependent and sentenced to RIP, the sentence shall be consistent with the level of care and length of stay prescribed in the treatment recommendation, regardless of the standard range of sentencing recommendations. If not assessed as dependent, the offender may be placed in any approved RIP program. Sentencing Guideline Range Standard Guideline sentence recommendations are based on the offense gravity score and prior record score. In most cases the sentence recommendations are found in the basic sentencing matrix ( ). The matrix specifies a range of sentences (minimum) that shall be considered by the court for each combination of offense gravity score and prior record score. Page 4 of 6 Updated: 12/2009

5 Aggravating Within the guidelines the court may impose an aggravated sentence that exceeds the top of the standard range by the specified number of months that vary based on the offense gravity score. Any sentence longer than that recommended as an aggravated sentence is a departure above the guidelines. Mitigating Within the guidelines the court may impose a mitigated sentence that is less than the bottom of the standard range by the specified number of months that vary based on the offense gravity score. Any sentence shorter than that recommended as a mitigated sentence is a departure below the guidelines. Sentencing Guidelines According to 303.1(a), the court shall consider the sentencing guidelines in determining the appropriate sentence for offenders convicted of, or pleading guilty or nolo contendere to, felonies and misdemeanors. Where crimes merge for sentencing purposes, the court shall consider the sentencing guidelines only on the higher-graded offense. Guidelines do not apply to certain diversion programs, contempt or revocations. They do not apply to summary convictions, to violations of local ordinances or to current juvenile adjudications of delinquency. Sentencing Levels The sentencing level is based on the standard range of the sentencing recommendation. There are five levels: Level 1 provides the sentence recommendation for the least serious offenders with no more than one prior misdemeanor conviction, such that the standard range is limited to restorative sanctions. The primary purpose of this level is to provide the minimum control necessary to fulfill courtordered obligations. Level 2 provides sentence recommendations for generally non-violent offenders and those with numerous less-serious prior convictions, such that the standard range requires a county sentence but permits both incarceration and non-confinement. The primary purpose of this level is control over the offender and restitution to the victim. Level 3 provides sentence recommendations for serous offenders and those with numerous prior convictions, such that the standard range requires incarceration or County Intermediate Punishment, but in all cases permits a county sentence. The primary purposes of this level are retribution and control over the offender. Level 4 provides sentence recommendations for very serous offenders and those with numerous prior convictions, such that the standard range requires state incarceration but permits it to be served in a county facility. The primary purposes of the sentencing options at this level are punishment and incapacitation. Page 5 of 6 Updated: 12/2009

6 Level 5 provides sentence recommendations for the most offenders and those with major drug convictions, such that the conviction has an offense gravity score of 9 or greater or the standard range requires a state incarceration in a state facility. The primary purposes of the sentencing options at this level are punishment commensurate with the seriousness of the criminal behavior and incapacitation to protect the public. State Intermediate Punishment Any person convicted of a drug-related offense for which the sentence recommendation includes total confinement in a state facility may be considered for state intermediate punishment. It targets eligible offenders with a minimum sentence recommendation of 30 months or greater. Statute 42 Pa.C.S. Chapter 99 governs operation of and eligibility for state intermediate punishment. State Motivational Boot Camp This program targets younger offenders who would otherwise be serving a minimum sentence of one to three years in a state facility and whose primary needs are structure, education, discipline and life skills, with drug and alcohol dependency a secondary issue. The boot camp is a six-month program with mandatory aftercare and intensive supervision. Statute 61 P.S governs operation of and eligibility. The Department of Corrections makes the final determination as to whether an offender will be accepted into the boot camp program. State Sentence A state sentence is one of incarceration where the maximum is two years or more. Paroling authority is vested in the Pennsylvania Board of Probation and Parole. Youth/School Enhancement When the court finds that an offender either distributed a controlled substance to a person or persons under the age of 18 in violation of 35 P.S , or manufactured, delivered or possessed with intent to deliver a controlled substance within 1000 feet of the real property on which is located a public or private elementary or secondary school, 12 months shall be added to the lower limit of the standard range of the applicable sentencing matrix, and 36 months shall be added to the upper limit of the standard range of the application sentencing matrix for consideration by the court. Page 6 of 6 Updated: 12/2009