Current through Register Vol. 54, No. 50, December 14, 2024
Section 303.6 - Prior Record Score-prior juvenile adjudications(a)Juvenile adjudication criteria. Prior juvenile adjudications are counted in the Prior Record Score when the following criteria are met: (1) The juvenile offense occurred on or after the offender's 14th birthday, and(2) There was an express finding by the juvenile court that the adjudication was for a felony or one of the offenses listed in § 303.7(a)(4).(b) Only the most serious juvenile adjudication of each prior disposition is counted in the Prior Record Score. No other prior juvenile adjudication shall be counted in the Prior Record Score.(c)Lapsing of juvenile adjudications. Prior juvenile adjudications for four point offenses listed in § 303.7(a)(1) shall always be included in the Prior Record Score, provided the criteria in subsection (a) above are met: (1) All other juvenile adjudications not identified above in subsection (a) lapse and shall not be counted in the Prior Record Score if: (i) The offender was 28 years of age or older at the time the current offense was committed; and(ii) The offender remained crime-free during the ten-year period immediately preceding the offender's 28th birthday.(iii)Crime-free. Included in the definition of crime-free is any summary offense and/or one misdemeanor offense with a statutory maximum of one year or less.(2) Nothing in this section shall prevent the court from considering lapsed prior adjudications at the time of sentencing.The provisions of this § 303.6 amended July 5, 1986, and applies to sentences for crimes committed after January 1, 1986, 15 Pa.B. 2447; as announced at 16 Pa.B. 439 (February 15, 1986). Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended December 4, 1987, effective 4/25/1988, 18 Pa.B. 1916; amended February 15, 1994, effective 8/12/1994, 24 Pa.B. 2483; amended March 14, 1997, effective 6/13/1997, 27 Pa.B. 1252; amended February 9, 2005, effective 6/3/2005, 35 Pa.B. 1508; amended September 5, 2008, effective 12/5/2008, 38 Pa.B. 4971; amended September 13, 2012, effective 12/28/2012, 42 Pa.B. 6072; amended June 6, 2013, effective 9/27/2013, 43 Pa.B. 3655; amended September 6, 2019, effective 1/1/2020, 49 Pa.B. 5110; amended September 25, 2020, effective 1/1/2021, 50 Pa.B. 5341. This section cited in 204 Pa. Code § 303.2 (relating to procedure for determining the guideline sentence); and 204 Pa. Code § 303.4 (relating to Prior Record Score-categories).