Pennsylvania Guidelines for Sentencing

In 1978, a state law required the development of a Consistent and Rational Statewide Sentencing Policy, creating the Pennsylvania Sentencing Guidelines.

The intention behind the law providing guidance in sentencing rulings is to create a uniform, fair, and efficient method for administrating confinement based sentences. The law, as written below, is available at https://www.palegis.us/ with all of Pennsylvania’s state laws.

  • PA State Statute 2154.0

    Pennsylvania State Statute 2154.0 —
    § 2154.  Establishes the Adoption of Guidelines for Sentencing

  • Pennsylvania State Statute 2154.0 -- (a) General rule

    The commission shall adopt guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to, or who were found guilty of, felonies and misdemeanors. In adopting guidelines, the commission shall recommend confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and the community and the rehabilitative needs of the offender.

  • Pennsylvania State Statute 2154.0 -- (b) Factors.

    The guidelines shall address the following retributive factors:

    • Seriousness of the Offense

    • Criminal History

    • Criminal Behavior

    • Aggravating and Mitigating Circumstances

    • The Impact of Total Confinement

  • Seriousness of the Offense

    (1)  Seriousness of the offense, by specifying the range of sentences applicable to crimes of a given degree of gravity.

    The formula for determining the seriousness of the offense incorporates two scores determined by the commission on sentencing: The Offense Gravity Score and The Prior Record Score

  • Criminal History

    (2)  Criminal history, by specifying a range of sentences of increased severity or intensity of intervention for offenders previously convicted of or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. The commission may exclude or reduce the valuation of less serious offenses and increase the valuation of offenses committed while under supervision or in a temporal or offense pattern.

  • Criminal Behavior

    (3)  Criminal behavior, by specifying a range of sentences of increased severity or intensity of intervention for offenders with increased culpability, including those who possessed or used a deadly weapon or inflicted substantial harm during the commission of the current conviction offense.

  • Aggravated and Mitigated Ranges

    (4)  Aggravated and mitigated ranges, by specifying variations from the range of sentences applicable on account of aggravating or mitigating circumstances.

    (5)  The impact of any amendments to section 9756 (relating to sentence of total confinement).n goes here

  • Impact of Total Confinement

    (5)  The impact of any amendments to section 9756 (relating to sentence of total confinement).

    § 9725.  Total confinement.

    The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant.

  • It is of the opinion that the total confinement of the defendant is necessary because:

    (1)  there is undue risk that during a period of probation or partial confinement the defendant will commit another crime;

    (2)  the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

    (3)  a lesser sentence will depreciate the seriousness of the crime of the defendant.

  • Pennsylvania State Statute 2154.0 -- (c) Adjustments.

    The guidelines shall include the following risk-related adjustments:

    (1)  Incapacitation of serious violent offenders.

    (2)  Modifications to criminal history to reflect risk to reoffend and substantial risk to public safety to adjust the length of total confinement for more serious criminal history.

  • Pennsylvania State Statute 2154.0 -- (d) Probation guidelines.

    The guidelines shall address the use of county intermediate punishment programs as restrictive conditions of probation and the duration of terms of probation.

  • Pennsylvania State Statute 2154.0 -- (e) Interactive information.

    The guidelines shall include interactive information to support decisions with risk and recidivism information.

  • Pennsylvania State Statute 2154.0 -- (f) Definitions.

    As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

    "Possessed."  On a defendant's person or within the defendant's immediate physical control.

    "Previously convicted of or adjudicated delinquent."  Any finding of guilt or adjudication of delinquency, whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense.

Go to the Source

Under the law, judges are required to consider certain factors when making sentencing decisions. However, except in a few instances, Judges have total discretion in determining how to assign a sentence. The sentencing guidelines offer a carefully devised formula that take into account the necessary factors and offer an easy to reference matrix for judges to practice fair judgements.

Allowing judges autonomy in determining sentences takes into consideration the complexity of humanity and offers opportunity for judges to take into consideration the culture, extenuating factors, and community needs, while having a reference to maintain uniformity.

When judges do deviate from the recommended sentencing guidelines, they are required to demonstrate how they took the following factors into consideration:

  • Commissions shall recommend confinement that is consistent with the protection of the public.

  • The general rule also requires judges to consider the overall and longterm affects of the crime on the victim while making sentencing decisions.

  • According to the general rule, judges must consider how the sentence will support the rehabilitation of the defendant, and impact the safety of the community.

The Pennsylvania sentencing guidelines enable anyone to calculate the recommended sentence for the crime which they are accused. Use the links here to access the charts and explanations on how to apply them to every case.

Retributive

Factors

Seriousness of Criminal Offense

To determine the seriousness of the offense, it is necessary to take into consideration the Gravity of the Offense. The Gravity of the Offense is a predetermined score that is available in the offense listings and on the sentencing matrix. DUI offenses have a separate list.

Match the Crime to the Gravity Score Here
Find DUI Offense Listings Here
Find Offense Listings Here

Criminal History

Judges use the Prior Offense Groupings (POGs) as a simple guidance for determining how the weight of an individual’s criminal history should impact sentencing.

Find Categories of Prior Offense Groups Here
Understanding The Prior Record Score

Criminal Behavior

Judges use the scores and reference them relating to the current crime.

Find the Sentencing Matrix here

Aggravating and Mitigating Circumstances

The aggravated range is determined by adding the designated number of months listed on the sentencing matrix to the top of the standard range recommendation.

Understanding Aggravating and Mitigating Circumstances

Impact of Total Confinement

The final score offers the judge a sentencing recommendation ranging from restorative sanctions to incarceration.

Weighing the Use of Total Confinement

Find the most updated PA Sentencing Matrix here.

Find All the PA Sentencing Guidelines and Statutes Here

Cornell Law’s Sentencing Matrix is really easy to read, but it’s the 7th Edition.

PA Sentencing Matrix Presented by Cornell Law

What does this mean for Lebanon?