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PRINTER'S NO. 4208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2702
Session of
2018
INTRODUCED BY RABB, RYAN, YOUNGBLOOD, STURLA, MURT, DEAN,
A. DAVIS, J. HARRIS, SIMS AND DAVIDSON, OCTOBER 10, 2018
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 10, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in judicial boards and
commissions, further providing for powers and duties and for
adoption of guidelines for sentencing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2153(a)(15) of Title 42 of the
Pennsylvania Consolidated Statutes is amended by adding a
subparagraph to read:
§ 2153. Powers and duties.
(a) General rule.--The commission, pursuant to rules and
regulations, shall have the power to:
* * *
(15) Prior to adoption of changes to guidelines for
sentencing, resentencing and parole, risk assessment
instrument and recommitment ranges following revocation, use
a correctional population simulation model to determine:
* * *
(iii) A cost-benefit analysis of sentencing
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alternatives authorized under Subchapter C of Chapter 97
(relating to sentencing alternatives) or correctional
programs authorized by 61 Pa.C.S. Pt. III (relating to
inmate confinement) that is recommended by the
commission.
* * *
Section 2. Section 2154(a) of Title 42 is amended and the
section is amended by adding a subsection 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 guidelines shall
address the following:
(1) 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) Criminal history, by specifying a range of sentences
of increased severity for offenders previously convicted of
or adjudicated delinquent for one or more misdemeanor or
felony offenses committed prior to the current offense.
(3) Criminal behavior, by specifying a range of
sentences of increased severity for offenders who pose a
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substantial risk to public safety, including those who
possessed or used a deadly weapon during the commission of
the current conviction offense.
(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).]
(a.1) Cost-benefit analysis.--The commission shall provide
information on the costs and benefits of the sentencing
alternatives authorized under Subchapter C of Chapter 97
(relating to sentencing alternatives) or correctional programs
authorized under 61 Pa.C.S. Pt. III (relating to inmate
confinement).
* * *
Section 3. This act shall take effect in 60 days.
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