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        PRIOR PRINTER'S NO. 21                        PRINTER'S NO. 2658

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 12 Session of 2007


        INTRODUCED BY VITALI, CALTAGIRONE, CLYMER, COHEN, CREIGHTON,
           CURRY, DALEY, FRANKEL, GOODMAN, HARPER, HENNESSEY, JAMES,
           JOSEPHS, LEACH, LEVDANSKY, MARKOSEK, MUNDY, PAYTON, PRESTON,
           READSHAW, ROEBUCK, STABACK, WALKO, WHEATLEY, YOUNGBLOOD,
           LONGIETTI, SCAVELLO, WANSACZ, FABRIZIO, PETRARCA, DENLINGER
           AND MAHONEY, JANUARY 30, 2007

        AS AMENDED, HOUSE OF REPRESENTATIVES, OCTOBER 16, 2007

                                  A RESOLUTION

     1  Directing the Pennsylvania Commission on Sentencing to conduct a
     2     study on the use and impact of mandatory minimum sentences.

     3     WHEREAS, A "mandatory minimum sentence" refers to a
     4  statutorily defined minimum term of imprisonment that a court is
     5  required to impose on a defendant at sentencing; and
     6     WHEREAS, Certain conduct prohibited under the Crimes Code,
     7  Title 18 of the Pennsylvania Consolidated Statutes, including,
     8  but not limited to, criminal offenses committed with firearms,
     9  drug offenses and crimes against children and the elderly, and
    10  under other acts of the General Assembly provide for the
    11  imposition of a mandatory minimum sentence; and
    12     WHEREAS, CRIMINAL RECIDIVISM ACCOUNTS FOR A SUBSTANTIAL        <--
    13  PERCENTAGE OF ALL VIOLENT AND OTHER SERIOUS CRIMES IN THIS
    14  COMMONWEALTH; AND
    15     WHEREAS, MANDATORY MINIMUM SENTENCES MAY BE PARTICULARLY
    16  EFFECTIVE FOR REPEAT OFFENDERS TO INTERRUPT THE LIFE CYCLE OF

     1  VIOLENT AND OTHER SERIOUS CRIMES; AND
     2     WHEREAS, Mandatory minimum sentences significantly increase
     3  the cost of corrections by imposing longer prison terms and
     4  increasing the prison population; and
     5     WHEREAS, Nationwide there is a lack of information on the
     6  cost-effectiveness, deterrence and justice of mandatory minimum
     7  sentences; and
     8     WHEREAS, Mandatory minimum sentences may have a greater
     9  effect on deterring certain types of crime than others; and
    10     WHEREAS, The term of a mandatory minimum sentence should bear
    11  a rational relationship to the type of crime committed; and
    12     WHEREAS, The existence of statutes requiring the imposition
    13  of mandatory minimum sentences can affect all aspects of the
    14  criminal justice system; and
    15     WHEREAS, Mandatory minimum sentences limit the discretion of
    16  a sentencing judge; and
    17     WHEREAS, Knowledge that a guilty plea or guilty verdict for
    18  any offense requires the imposition of a mandatory minimum
    19  sentence may affect the plea or verdict particularly in judicial
    20  districts with heavy dockets; and
    21     WHEREAS, Imposition of a mandatory minimum sentence may
    22  affect an offender's eligibility for rehabilitation programs and
    23  early release; and
    24     WHEREAS, The House of Representatives should be knowledgeable
    25  about the use and impact of mandatory minimum sentences on the
    26  criminal justice system in this Commonwealth; and
    27     WHEREAS, A review of mandatory minimum sentences is necessary
    28  to determine in what circumstances and for what types of crimes
    29  the sentences are most effective as well as the appropriate
    30  length of sentence; therefore be it
    20070H0012R2658                  - 2 -     

     1     RESOLVED, That the House of Representatives direct the
     2  Pennsylvania Commission on Sentencing to study the use and
     3  impact of mandatory minimum sentences on the criminal justice
     4  system in this Commonwealth; and be it further
     5     RESOLVED, That the Pennsylvania Commission on Sentencing
     6  report to the House of Representatives on its activities,
     7  findings and recommendations no later than two years following
     8  the adoption of this resolution.















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