THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, ERICKSON, O'PAKE, TARTAGLIONE, M. WHITE, BOSCOLA AND BROWNE, NOVEMBER 25, 2009

REFERRED TO JUDICIARY, NOVEMBER 25, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in Pennsylvania

Commission on Sentencing, further providing for adoption of

guidelines for sentencing; and providing for adoption of risk

and needs assessment instrument.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2154 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 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 offender. The commission 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

offenders.

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

sentences of increased severity for [defendants] offenders 

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

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 for in

sections 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) and 2154.7

(relating to adoption of risk and needs assessment

instrument), where appropriate.

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

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

immediate physical control] 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.

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

§ 2154.7.  Adoption of risk and needs assessment instrument.

(a)  General rule.--The commission shall adopt a risk and

needs assessment instrument for sentencing which shall be

considered by the sentencing court in determining the

appropriate sentence within the limits established by law for

defendants who plead guilty or nolo contendere to, or who were

found guilty of, felonies and misdemeanors. The risk and needs

assessment instrument shall be for the purposes of predicting

the relative risk that an offender will reoffend and be a threat

to public safety and of identifying the rehabilitative needs of

an offender.

(b)  Sentencing guidelines.--The risk and needs assessment

instrument may be incorporated into the sentencing guidelines

under section 2154 (relating to adoption of guidelines for

sentencing).

(c)  Presentence investigation report.--Subject to the

provisions of the Pennsylvania Rules of Criminal Procedure, the

sentencing court may use the risk and needs assessment

instrument to determine whether a more thorough assessment is

necessary and to order a presentence investigation report.

(d)  Alternative sentencing.--Subject to the eligibility

requirements of each program, the risk and needs assessment

instrument shall be used in determining appropriate candidates

for alternative sentencing, including, but not limited to, the

recidivism risk reduction incentive, State and county

intermediate punishment programs and State motivational boot

camps.

(e)  Definition.--As used in this section, the term "risk and

needs assessment instrument" means an empirically based

worksheet which uses factors that are relevant in predicting

recidivism and in identifying the rehabilitative needs of an

offender.

Section 3.  This act shall take effect in 60 days.