THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOYLE, LENTZ, CALTAGIRONE, D. COSTA, BRENNAN, CASORIO, CRUZ, FAIRCHILD, FARRY, FREEMAN, GIBBONS, HARHAI, HORNAMAN, KORTZ, LEVDANSKY, MANN, MARKOSEK, McCALL, McGEEHAN, MELIO, MENSCH, MILLARD, MOUL, MURPHY, MUSTIO, O'NEILL, PASHINSKI, QUINN, REICHLEY, SANTONI, SCAVELLO, SIPTROTH, K. SMITH, STERN, SWANGER, J. TAYLOR, VULAKOVICH, STURLA, SHAPIRO AND SABATINA, MAY 29, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 2009   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for 

publication of guidelines for sentencing, resentencing and

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parole and recommitment ranges following revocation, for 

adoption of guidelines for sentencing, for adoption of

guidelines for resentencing and for adoption of guidelines

for parole; providing for adoption of certain recommitment

ranges; and further providing for publication of guidelines

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for sentencing, resentencing and parole and recommitment

ranges following revocation, for sentences for second and

subsequent offenses and for sentencing generally.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2153, 2154, 2154.4 and 2154.5 of Title

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42 of the Pennsylvania Consolidated Statutes, amended or added

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September 25, 2008 (P.L.1026, No.81), are amended to read:

§ 2153.  Powers and duties.

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(a)  General rule.--The commission, pursuant to rules and

regulations, shall have the power to:

(1)  Establish general policies and promulgate such rules

and regulations for the commission as are necessary to carry

out the purposes of this subchapter and Chapter 97 (relating

to sentencing).

(2)  Utilize, with their consent, the services,

equipment, personnel, information and facilities of Federal,

State, local and private agencies and instrumentalities with

or without reimbursement therefor.

(3)  Enter into and perform such contracts, leases,

cooperative agreements and other transactions as may be

necessary in the conduct of the functions of the commission,

with any public agency or with any person, firm, association,

corporation, educational institution or nonprofit

organization.

(4)  Request such information, data and reports from any

officer or agency of the Commonwealth government as the

commission may from time to time require and as may be

produced consistent with other law.

(5)  Arrange with the head of any government unit for the

performance by the government unit of any function of the

commission, with or without reimbursement.

(6)  Issue invitations requesting the attendance and

testimony of witnesses and the production of any evidence

that relates directly to a matter with respect to which the

commission or any member thereof is empowered to make a

determination under this subchapter.

(7)  Establish a research and development program within

the commission for the purpose of:

(i)  Serving as a clearinghouse and information

center for the collection, preparation and dissemination

of information on Commonwealth sentencing, resentencing,

postprison intensive restriction and parole practices.

(ii)  Assisting and serving in a consulting capacity

to the board, State courts, departments and agencies in

the development, maintenance, postprison intensive

restriction and coordination of sound sentencing,

resentencing and parole practices.

(8)  Collect systematically the data obtained from

studies, research and the empirical experience of public and

private agencies concerning the sentencing processes.

(9)  Publish data concerning the sentencing, postprison

intensive restriction and parole processes.

(10)  Collect systematically and disseminate information

concerning parole dispositions and sentences actually

imposed, including initial sentences and any subsequent

modification of sentences or resentences following revocation

or remand, and parole and reparole decisions and postprison

intensive restriction decisions by the board and any other

[paroling] authority.

(11)  Collect systematically and disseminate information

regarding effectiveness of parole dispositions, postprison

intensive restriction dispositions and sentences imposed.

(12)  Make recommendations to the General Assembly

concerning modification or enactment of sentencing, parole

and correctional statutes which the commission finds to be

necessary and advisable to carry out an effective, humane and

rational sentencing, resentencing, postprison intensive

restriction and parole policy.

(13)  Establish a plan and timetable to collect and

disseminate information relating to incapacitation,

recidivism, deterrence and overall effectiveness of sentences

and parole dispositions imposed.

(14)  Establish a program to systematically monitor

compliance with the guidelines, with recommitment ranges and

with mandatory sentencing laws to document eligibility for

and releases pursuant to a county reentry plan, to document

eligibility for and imposition of recidivism risk reduction

incentive minimum sentences and to document all parole and

reparole decisions and postprison intensive restriction

decisions by the board and any other [paroling] authority by:

(i)  Promulgating forms which document the

application of sentencing, resentencing and parole

guidelines, including guidelines adopted under section 

9714(a)(3) (relating to sentences for second and

subsequent offenses), mandatory sentencing laws, releases

pursuant to a county reentry plan, recommitment ranges

and recidivism risk reduction incentive minimum sentences

and collecting information on all parole and reparole

decisions and postprison intensive restriction decisions 

by the board and any other [paroling] authority.

(ii)  Requiring the timely completion and electronic

submission of such forms to the commission.

(15)  Prior to adoption of changes to guidelines for

sentencing, resentencing and parole and recommitment ranges

following revocation, including guidelines adopted pursuant

to section 9714(a)(3), use a correctional population

simulation model to determine:

(i)  Resources that are required under current

guidelines and ranges.

(ii)  Resources that would be required to carry out

any proposed changes to the guidelines and ranges.

(b)  Annual reports.--The commission shall report annually to

the General Assembly, the Administrative Office of Pennsylvania

Courts and the Governor on the activities of the commission.

(c)  Additional powers and duties.--The commission shall have

such other powers and duties and shall perform such other

functions as may be necessary to carry out the purposes of this

subchapter or as may be provided under any other provision of

law and may delegate to any commissioner or designated person

such powers as may be appropriate other than the power to

establish general policies, guidelines, rules and factors under

subsection (a)(1).

§ 2154.  Adoption of guidelines for sentencing.

(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 defendant offender. The commission

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shall recommend the use of other sentencing alternatives to

promote offender accountability, the just compensation to

victims and the most efficient use of correctional resources. 

The guidelines shall address the following:

(1)  [Specify] Seriousness of the offense, by specifying 

the range of sentences applicable to crimes of a given degree

of gravity, including incapacitation of serious violent

defendants offenders.

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(2)  [Specify] Criminal history, by specifying a range of

sentences of increased severity for [defendants] offenders 

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previously convicted of or adjudicated delinquent for one or

more misdemeanor or felony offenses committed prior to the

current offense. [For purposes of this section "previously

convicted or adjudicated delinquent" shall include 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.]

(3)  [Specify] Criminal behavior, by specifying a range

of sentences of increased severity for [defendants] offenders 

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who pose a substantial risk to public safety, including those 

who possessed or used a deadly weapon during the commission

of the current conviction offense.

(4)  [Prescribe] Aggravated and mitigated ranges, by

specifying variations from the range of sentences applicable

on account of aggravating or mitigating circumstances.

(5)  [Consider] Correctional impact, by considering the

impact of any amendments to [section] sections 9756 (relating

to sentence of total confinement) and 9762 (relating to

sentencing proceeding; place of confinement).

(6)  Resource utilization, by providing for

prioritization of incarceration, rehabilitation and other

criminal justice resources for offenders posing the greatest

risk to public safety and for the identification of lower

risk offenders for sentencing alternatives as provided in

sections 2154.1 (relating to adoption of guidelines for

county intermediate punishment), 2154.2 (relating to adoption

of guidelines for State intermediate punishment) and 2154.3

(relating to adoption of guidelines for fines), where

appropriate.

(7)  Evidence-based practices, by considering available

research relating to crime reduction and prevention

strategies, as well as cost-effective strategies to maximize

available resources.

(b)  Definition.--As used in this section the [term

"possessed" means on the defendant's person or within his

immediate physical control.] following words and phrases shall

have the meanings given to them in this subsection:

"Possessed."  On the defendant's person or within his

immediate physical control.

"Previously convicted" 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.

§ 2154.4.  Adoption of guidelines for resentencing.

The commission shall adopt guidelines that shall be

considered by the court when resentencing an offender following

revocation of postprison intensive restriction under the

provisions of section 9714(a.1)(5) (relating to sentences for

second and subsequent offenses), probation, county intermediate

punishment or State intermediate punishment. The guidelines

shall take into account factors considered in adopting the

sentencing guidelines, the seriousness of the violation and the

rehabilitative needs of the defendant.

§ 2154.5.  Adoption of guidelines for parole.

(a)  Adoption.--The commission shall adopt guidelines that

shall be considered by the board and any other paroling entity

when exercising its power to parole and reparole all persons

sentenced by any court in this Commonwealth to imprisonment in

any State or county penitentiary, prison or penal institution.

The guidelines shall do all of the following:

(1)  Give primary consideration to the protection of the

public and to victim safety.

(2)  Provide for due consideration of victim input.

(3)  Be designed to encourage inmates and parolees to

conduct themselves in accordance with conditions and rules of

conduct set forth by the department or other prison

facilities and the board.

(4)  Be designed to encourage inmates and parolees to

participate in programs that have been demonstrated to be

effective in reducing recidivism, including appropriate drug

and alcohol treatment programs.

(5)  Provide for prioritization of incarceration,

rehabilitation and other criminal justice resources for

offenders posing the greatest risk to public safety.

(6)  Use validated risk assessment tools, be evidence

based and take into account available research relating to

the risk of recidivism, minimizing the threat posed to public

safety and factors maximizing the success of reentry.

(b)  Discretionary authority.--Notwithstanding any other

provision of law, this section shall not remove the

discretionary parole authority of the board and any other

paroling entity when exercising its power to parole and

reparole.

(c)  Interim standards for parole.--Until such time as the

commission adopts guidelines under the provisions of subsection

(a), the following provisions shall be applicable to any

offender sentenced under the provisions of section 9714(a)

(relating to sentences for second and subsequent offenses):

(1)  The parole determinations of the Pennsylvania Board

of Probation and Parole shall, to the extent practicable, use

appropriate decisional instruments or other relevant

materials or documents that:

(i)  Give primary consideration to the protection of

the public and victim safety.

(ii)  Provide for due consideration to victim input.

(iii)  Are designed to encourage inmates and parolees

to conduct themselves in accordance with conditions and

rules of conduct set forth by the department, other

prison facilities and the board.

(iv)  Are designed to encourage inmates and parolees

to participate in programs with demonstrated

effectiveness in reducing recidivism and addressing

inmates' and parolees' criminogenic needs.

(v)  Provide for prioritization of incarceration,

rehabilitation and other criminal justice resources for

offenders posing the greatest risk to public safety.

(vi)  Are evidence based, use validated risk

assessment tools and take into account available research

relating to risk of recidivism, threat to public safety

and factors for successful reintegration into society.

(2)  The interim use of such tools, materials and

documents shall neither limit the powers of the board nor

grant any right to a prisoner to parole or any particular

parole determination.

Section 2.  Title 42 is amended by adding a section to read:

§ 2154.7.  Adoption of certain recommitment ranges.

The commission shall adopt recommitment ranges that shall be

considered by the board when exercising its power to recommit

for violations of the terms or conditions of postprison

intensive restriction under the provisions of section

9714(a.1)(4) (relating to sentences for second and subsequent

offenses).

Section 3.  Section 9714 of Title 42 is Sections 2155, 9714

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and 9721 of Title 42 are amended to read:

§ 2155.  Publication of guidelines for sentencing, resentencing

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and parole and recommitment ranges following

revocation.

(a)  General rule.--The commission shall:

(1)  Prior to adoption, publish in the Pennsylvania

Bulletin all proposed sentencing guidelines, resentencing

guidelines following revocation of probation, county

intermediate punishment and State intermediate punishment,

parole guidelines [and], recommitment ranges following

revocation by the board of paroles granted, and guidelines

adopted pursuant to section 9714(a)(3) (relating to sentences

for second and subsequent offenses), and hold public hearings

not earlier than 30 days and not later than 60 days

thereafter to afford an opportunity for the following persons

and organizations to testify:

(i)  Pennsylvania District Attorneys Association.

(ii)  Chiefs of Police Associations.

(iii)  Fraternal Order of Police.

(iv)  Public Defenders Organization.

(v)  Law school faculty members.

(vi)  State Board of Probation and Parole.

(vii) Department of Corrections.

(viii)  Pennsylvania Bar Association.

(ix)  Pennsylvania Wardens Association.

(x)  Pennsylvania Association on Probation, Parole

and Corrections.

(xi)  Pennsylvania Conference of State Trial Judges.

(xii)  Any other interested person or organization.

(2)  Publish in the Pennsylvania Bulletin sentencing

guidelines as adopted by the commission.

(b)  Rejection by General Assembly.--Subject to gubernatorial

review pursuant to section 9 of Article III of the Constitution

of Pennsylvania, the General Assembly may by concurrent

resolution reject in their entirety any guidelines or

recommitment ranges adopted by the commission within 90 days of

their publication in the Pennsylvania Bulletin pursuant to

subsection (a)(2).

(c)  Effective date.--Sentencing guidelines, resentencing

guidelines following revocation of probation, county

intermediate punishment and State intermediate punishment,

parole guidelines [and], recommitment ranges following

revocation by the board of paroles granted, and guidelines

adopted pursuant to section 9714(a)(3), adopted by the

commission shall become effective 90 days after publication in

the Pennsylvania Bulletin pursuant to subsection (a)(2) unless

disapproved pursuant to subsection (b) and shall apply to

sentences and resentences and parole decisions made after the

effective date of the guidelines. If not disapproved, the

commissioners shall conduct training and orientation for trial

court judges and board members prior to the effective date of

the guidelines and recommitment ranges.

§ 9714.  Sentences for second and subsequent offenses.

(a)  Mandatory sentence.--

(1)  [Any] Notwithstanding any other provision of this

title or other statute to the contrary, any person who is

convicted in any court of this Commonwealth of a crime of

violence shall, if at the time of the commission of the

current offense the person had previously been convicted of a

crime of violence, be sentenced [to a minimum sentence of at

least ten years of total confinement, notwithstanding any

other provision of this title or other statute to the

contrary] to a flat sentence of total confinement, which

sentence shall be not less than 15 years nor more than 30

years, with no parole. The person shall be further sentenced

to a term of postprison intensive restriction of 15 years, to

commence upon the expiration of the sentence of total

confinement. Upon a second conviction for a crime of

violence, the court shall give the person oral and written

notice of the penalties under this section for a third

conviction for a crime of violence. Failure to provide such

notice shall not render the offender ineligible to be

sentenced under paragraph (2).

(2)  [Where] Notwithstanding any other provision of this

title or other statute to the contrary, where the person had

at the time of the commission of the current offense

previously been convicted of two or more such crimes of

violence arising from separate criminal transactions, the

person shall be sentenced to [a minimum sentence of at least

25 years of total confinement, notwithstanding any other

provision of this title or other statute to the contrary] a

flat sentence of total confinement, which sentence shall not

be less than 30 years nor more than 50 years, with no parole,

or a sentence of life imprisonment. If the sentence imposed

under this paragraph is not life imprisonment, the person

shall be further sentenced to a term of postprison intensive

restriction of not less than 15 years nor more than 20 years,

to commence upon the expiration of the sentence of total

confinement. Proof that the offender received notice of or

otherwise knew or should have known of the penalties under

this paragraph shall not be required. [Upon conviction for a

third or subsequent crime of violence the court may, if it

determines that 25 years of total confinement is insufficient

to protect the public safety, sentence the offender to life

imprisonment without parole.

(a.1)  Mandatory maximum.--An offender sentenced to a

mandatory minimum sentence under this section shall be sentenced

to a maximum sentence equal to twice the mandatory minimum

sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to

sentence of imprisonment for felony) or any other provision of

this title or other statute to the contrary.]

(3)  The Pennsylvania Commission on Sentencing shall,

within 180 days of the effective date of this subsection,

publish guidelines for sentences under paragraphs (1) and (2) 

and subsection (a.1)(5), and for recommitment under

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subsection (a.1)(4). In establishing such guidelines, the

commission shall afford paramountcy to the protection of

individuals and the public from serious, violent crime.

(a.1)  Postprison intensive restriction.--The following shall

apply:

(1)  When imposing a sentence of postprison intensive

restriction, the court shall order, as an explicit condition

of postprison intensive restriction, that the offender shall

be subject to supervision during the period of postprison 

intensive restriction by the Pennsylvania Board of Probation

and Parole and that the offender shall comply with any and

all terms and conditions of supervision as may be established

by the board. The court shall order, as an explicit condition

of postprison intensive restriction, that the offender not

commit another Federal, State or local crime during the term

of postprison intensive restriction and that the defendant

not unlawfully possess a controlled substance or a firearm.

The court may order any other condition it considers to be

appropriate.

(2)  The formal filing of a charge constituting a crime

for any violation of the statutes of this Commonwealth or

under the laws of the Federal Government or another state

against an offender subject to postprison intensive

restriction shall constitute an automatic detainer and permit

the offender to be taken into and held in custody. The

automatic detainer shall dissolve on the 15th day after the

offender is taken into custody unless sooner waived or

otherwise superseded by direction of the sentencing court.

The automatic detainer shall be in addition to and not in

lieu of any other detainer that heretofore may have been

lodged in such circumstances.

(3)  The Pennsylvania Board of Probation and Parole and

its officers and agents shall have the power and duty to

supervise an offender serving a term of postprison intensive

restriction, including the power to impose terms and

conditions of postprison intensive restriction, to search an

offender and to arrest an offender without warrant, writ,

rule or process, in the same manner as for a person on

parole, as authorized by the act of August 6, 1941 (P.L.861,

No.323), referred to as the Pennsylvania Board of Probation

and Parole Law, notwithstanding any other provision of this

title or other statute to the contrary.

(4)  The Pennsylvania Board of Probation and Parole may

revoke a term of postprison intensive restriction if the

board finds that the offender violated a term or condition of

postprison intensive restriction imposed by the court or by

the board. The board may recommit the offender to serve a

term of total confinement, which may be followed by a term of

postprison intensive restriction, provided that the aggregate

of the terms shall not exceed the total period of postprison

intensive restriction originally imposed by the court,

without credit for the time previously served on postprison

intensive restriction.

(5)  A court which sentenced an offender under the

provisions of subsection (a), acting sua sponte or upon

petition filed by the Pennsylvania Board of Probation and

Parole, the Department of Corrections, a district attorney or

the Attorney General, shall revoke the term of postprison

intensive restriction imposed by the court of an offender who

is charged with a crime punishable by a sentence of more than

one year, or a serious prison misconduct, committed by the

offender while serving a term of total confinement under the

provisions of subsection (a). Upon such charge, the offender

shall be automatically detained. The court shall order the

offender to serve an additional flat term of total

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confinement for the offense for which the offender was

sentenced under the provisions of subsection (a), which may 

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shall be followed by an additional term of postprison

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intensive restriction, provided that the. The aggregate of

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the additional terms shall not exceed equal the total period

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of postprison intensive restriction originally imposed by the

court.

(6)  No period of time during which an offender is

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incarcerated or serving parole for any offense shall be

included in calculating the amount of time served on a

sentence of postprison intensive restriction.

(a.2)  Notification.--The Pennsylvania Board of Probation and

Parole shall notify a municipal police department if an offender

serving a sentence imposed under the provisions of subsection

(a) is a resident in the municipality during a period of

postprison intensive restriction or while on parole. The board

shall also notify the Pennsylvania State Police of the residence

of such offenders. The notice shall contain the name, residence

and criminal history of the offender, along with all conditions

of postprison intensive restriction or parole which have been

imposed by the sentencing court or the board. The board shall

notify the municipal police department, any other affected

municipal police department and the Pennsylvania State Police of

a change in residence by such an offender.

(d)  Proof at sentencing.--Provisions of this section shall

not be an element of the crime and notice thereof to the

defendant shall not be required prior to conviction[, but

reasonable notice of the Commonwealth's intention to proceed

under this section shall be provided after conviction and before

sentencing]. The applicability of this section shall be

determined at sentencing. The sentencing court, prior to

imposing sentence on an offender under subsection (a), shall

have a complete record of the previous convictions of the

offender, copies of which shall be furnished to the offender. If

the offender or the attorney for the Commonwealth contests the

accuracy of the record, the court shall schedule a hearing and

direct the offender and the attorney for the Commonwealth to

submit evidence regarding the previous convictions of the

offender. The court shall then determine, by a preponderance of

the evidence, the previous convictions of the offender and, if

this section is applicable, shall impose sentence in accordance

with this section. Should a previous conviction be vacated and

an acquittal or final discharge entered subsequent to imposition

of sentence under this section, the offender shall have the

right to petition the sentencing court for reconsideration of

sentence if this section would not have been applicable except

for the conviction which was vacated.

(e)  Authority of court in sentencing.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

[subsections (a) and (a.1) or to place such offender on

probation or to suspend sentence] subsection (a), except upon

written motion by the Commonwealth and for good cause shown. If

a defendant is charged with any crime of violence for which a

conviction would result in the imposition of sentence under

subsection (a), such charge shall not be dismissed, nolle

prossed or modified by the court pursuant to a plea agreement or

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recommendation, or upon motion of the Commonwealth, absent a

written statement of reasons therefor, which shall be filed by

the Commonwealth not later than ten days before sentencing and

become a part of the record. Nothing in this section shall

prevent the sentencing court from imposing a sentence greater

than that provided in this section when otherwise provided for

by law. [Sentencing guidelines promulgated by the Pennsylvania

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Commission on Sentencing shall not supersede the mandatory

sentences provided in this section] The sentencing court shall

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consider the guidelines adopted by the Pennsylvania Commission

on Sentencing PURSUANT TO subsection (a)(3), in accordance with

the provisions of section 9721 (relating to sentencing

generally).

(f)  Appeal by Commonwealth.--If a sentencing court shall

fail or refuse to apply this section where applicable, the

Commonwealth shall have the right to appellate review of the

action of the sentencing court. The appellate court shall vacate

the sentence and remand the case to the sentencing court for the

imposition of a sentence in accordance with this section if it

finds that the sentence was imposed in violation of this

section.

(g)  Definition.--As used in this section, the term "crime of

violence" means murder of the third degree, manslaughter of a

law enforcement officer in the first degree as defined in 18

Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law

enforcement officer), voluntary manslaughter, aggravated assault

as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to

aggravated assault), assault of law enforcement officer in the

first degree as defined in 18 Pa.C.S. § 2702.1(a) (relating to

assault of law enforcement officer), rape, involuntary deviate

sexual intercourse, aggravated indecent assault, incest, sexual

assault, arson as defined in 18 Pa.C.S. § 3301(a) (relating to

arson and related offenses), kidnapping, burglary of a structure

adapted for overnight accommodation in which at the time of the

offense any person is present, robbery as defined in 18 Pa.C.S.

§ 3701(a)(1)(i), (ii) or (iii) (relating to robbery), [or]

robbery of a motor vehicle, or persons not to possess, use,

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manufacture, control, sell or transfer firearms as provided for

in 18 Pa.C.S. § 6105(a.1)(1) (relating to persons not to

possess, use, manufacture, control, sell or transfer firearms), 

or criminal attempt, criminal conspiracy or criminal

solicitation to commit murder or any of the offenses listed

above, or an equivalent crime under the laws of this

Commonwealth in effect at the time of the commission of that

offense or an equivalent crime in another jurisdiction. A

conviction for a crime of violence shall also include an

adjudication of delinquency for an offense specified in this

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subsection excluded by paragraph (2)(i), (ii) or (iii) from the

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definition of "delinquent act" in section 6302 (relating to

definitions) which has been transferred to a division or a judge

of the juvenile court pursuant to section 6322 (relating to

transfer from criminal proceedings).

§ 9721.  Sentencing generally.

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(a)  General rule.--In determining the sentence to be imposed

the court shall, except as provided in subsection (a.1),

consider and select one or more of the following alternatives,

and may impose them consecutively or concurrently:

(1)  An order of probation.

(2)  A determination of guilt without further penalty.

(3)  Partial confinement.

(4)  Total confinement.

(5)  A fine.

(6)  County intermediate punishment.

(7)  State intermediate punishment.

(a.1)  Exception.--

(1)  Unless specifically authorized under section 9763

(relating to a sentence of county intermediate punishment) or

Chapter 99 (relating to State intermediate punishment),

subsection (a) shall not apply where a mandatory minimum

sentence is otherwise provided by law, including all

provisions of section 9714 (relating to sentencing for second

and subsequent offenses).

(2)  An eligible offender may be sentenced to State

intermediate punishment pursuant to subsection (a)(7) and as

described in Chapter 99, even if a mandatory minimum sentence

would otherwise be provided by law.

(b)  General standards.--In selecting from the alternatives

set forth in subsection (a), the court shall follow the general

principle that the sentence imposed should call for 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 on the community, and the rehabilitative needs

of the defendant. The court shall also consider any guidelines

for sentencing and resentencing adopted by the Pennsylvania

Commission on Sentencing and taking effect under section 2155

(relating to publication of guidelines for sentencing,

resentencing and parole and recommitment ranges following

revocation). In every case in which the court imposes a sentence

for a felony or misdemeanor, modifies a sentence, resentences an

offender following revocation of probation, county intermediate

punishment or State intermediate punishment or resentences

following remand, the court shall make as a part of the record,

and disclose in open court at the time of sentencing, a

statement of the reason or reasons for the sentence imposed. In

every case where the court imposes a sentence or resentence

outside the guidelines adopted by the Pennsylvania Commission on

Sentencing under sections 2154 (relating to adoption of

guidelines for sentencing), 2154.1 (relating to adoption of

guidelines for county intermediate punishment), 2154.2 (relating

to adoption of guidelines for State intermediate punishment),

2154.3 (relating to adoption of guidelines for fines), 2154.4

(relating to adoption of guidelines for resentencing) [and], 

2154.5 (relating to adoption of guidelines for parole) and

9714(a)(3) and made effective under section 2155, the court

shall provide a contemporaneous written statement of the reason

or reasons for the deviation from the guidelines to the

commission, as established under section 2153(a)(14) (relating

to powers and duties). Failure to comply shall be grounds for

vacating the sentence or resentence and resentencing the

defendant.

(c)  Mandatory restitution.--In addition to the alternatives

set forth in subsection (a) of this section the court shall

order the defendant to compensate the victim of his criminal

conduct for the damage or injury that he sustained. For purposes

of this subsection, the term "victim" shall be as defined in

section 479.1 of the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929.

(d)  Detailed criteria.--With respect to each alternative the

criteria to be considered by the court are set forth in this

subchapter.

(e)  Term of imprisonment.--All sentences of imprisonment

imposed under this chapter shall be for a definite term.

Section 4.  This act shall take effect in 60 days.