204 Pa. Code § 303a.1
Authorized dispositions.
"Adjudication." A finding by a Juvenile Court that a juvenile has committed a delinquent act or that a child has committed an offense excluded from the definition of "delinquent act" and has been transferred from criminal proceedings pursuant to 42 Pa.C.S. § 6322 (relating to transfer from criminal proceedings).
"Adjudication of delinquency." Following an adjudication hearing in which a Juvenile Court finds the juvenile committed a delinquent act, a determination by a Juvenile Court that the juvenile is in need of treatment, supervision or rehabilitation.
"Administrative probation." An order of probation with supervision limited to only that necessary to monitor compliance and promote successful collection of restitution and/or fines and/or the completion of community service, for a period not to exceed six months.
"Aggregate confinement sentence." As required by 42 Pa.C.S. § 9762(f), two or more consecutive sentences that have been combined, whereby the aggregate minimum term is the sum of the consecutive minimum terms, and the aggregate maximum term is the sum of the consecutive maximum terms.
"Aggregate term of probation." The sum of all consecutive terms of probation imposed during a judicial proceeding.
"Autism spectrum disorder." Any of the pervasive developmental disorders defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), including autistic disorder, Asperger's disorder and pervasive developmental disorder not otherwise specified.
"BUI-boating under the influence." An adjudication or conviction for violation of 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance).
"Board." Pennsylvania Parole Board. An independent executive branch agency comprised of nine members appointed by the Governor and confirmed by the Senate for six-year terms. The Board has the responsibility to parole, recommit for violations of parole, and to discharge from parole persons sentenced to confinement in a State facility.
"Bodily injury." Impairment of physical condition or substantial pain.
"CPCMS-common pleas case management system." A web-based application, operated by the Administrative Office of Pennsylvania Courts, which serves as a source of information from courts of common pleas on current and prior conviction offenses, used to prepare sentencing guidelines and sentence risk assessments.
"Commission." Pennsylvania Commission on Sentencing. A criminal justice agency of the General Assembly authorized to adopt and implement a sentence risk assessment instrument and guidelines for sentencing and resentencing to be considered by the court, and guidelines for parole and recommitment ranges following revocation to be considered by the Board.
"Concurrent sentence." Sentences imposed to be served simultaneously or at the same time.
"Consecutive sentence." Sentences imposed to be served one after another. As provided in 42 Pa.C.S. § 9757 (relating to consecutive sentences of total confinement for multiple offenses) and 42 Pa.C.S. § 9762(f), consecutive confinement sentences shall be aggregated into a single sentence with one minimum term and one maximum term.
"Conviction." A finding of guilty or the entering of a plea of guilty or nolo contendere for a felony or misdemeanor, whether or not judgement of sentence has been imposed.
"Course of conduct." A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.
"Court." Unless otherwise provided, a court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof, or any magisterial district judge.
"Crime-free period." Following a conviction and sentence and subsequent release to the community, the completion of a prescribed period of time without commission of a new felony or misdemeanor, for which the person pleads guilty or nolo contendere or is found guilty. For non-confinement sentences, release to the community begins on the date of sentencing; for confinement sentences, release to the community begins on the date of initial release on parole, or release following completion of the confinement sentence, whichever is earlier.
"Crime of violence." An offense listed under 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).
"Criminal gang." A formal or informal ongoing organization, association, or group, with or without an established hierarchy, that has as one of its primary activities the commission of criminal or delinquent acts and that consists of three or more persons.
"DUI-driving under the influence." An adjudication or conviction for a violation of former 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled substance) (Repealed) or 75 Pa.C.S. Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs).
"Deadly weapon." A firearm, as defined in 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms), whether loaded or unloaded; or any dangerous weapon, as defined in 18 Pa.C.S. § 913 (relating to possession of firearm or other dangerous weapon in court facility); or any device, implement, or instrumentality designed as a weapon or capable of producing death or serious bodily injury, including where the court determines that the person intended to use the weapon to threaten or injure another person.
"Decay." A type of lapsing which involves the removal from the determination of the prior record score certain prior adjudication or conviction offenses following a prescribed period of time.
"Delinquent act." An act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under Federal law.
"Department." Pennsylvania Department of Corrections. An executive branch agency responsible for operating the State prison system and providing parole supervision of reentrants.
"Disposition." Upon conviction, and for purposes of the guidelines, the sentencing alternative and/or program imposed by the court during a sentencing hearing. A separate consideration is the duration of the sentence.
"Enhancement." An increase in the OGS assignment that applies when a court determines one or more specified sentencing factors were present during the commission of a crime.
"Family or household member." Spouses or persons who have been spouses, persons living as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.
"Gap." A type of lapsing which involves the removal from the determination of the prior record score certain prior adjudication or conviction offenses following a prescribed crime-free period.
"Guideline sentence form." A document or a computer-generated sentence information report promulgated by the Commission. The form provides the court with a guideline sentence recommendation and other relevant information for each conviction offense for consideration prior to sentencing; following sentencing, the form includes information on the sentence imposed and reasons for the sentence. The form is generated by the Commission's sentencing guidelines application based on information entered or verified by users authorized by the court; following sentencing, the Commission's sentencing guidelines application is used to electronically submit all required information used to generate the form to the Commission.
"Inchoate offenses." The offenses of criminal attempt, criminal solicitation, and criminal conspiracy.
"Intellectual disability." Regardless of the age of the individual, significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas: communications; self-care; home living; social and interpersonal skills; use of community resources; self-direction; functional academic skills; work; safety.
"Juvenile disposition." The final determination made by a Juvenile Court after an adjudication of delinquency.
"Judicial proceeding." A sentencing hearing in which all offenses for which a person is convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple dockets and OTNs.
"Judicial proceeding consideration." Suggestions for determining the service of multiple sentences, the eligibility and appropriateness of certain sentencing and correctional programs, and the aggregate term of probation during a sentencing hearing, intended to encourage greater consistency in sentencing and to promote the use of evidence-based practices. Decisions based on these general policies are not considered by the Commission when reporting conformity to the sentencing guidelines.
"Lapsing." The removal from the determination of the prior record score certain prior adjudication or conviction offenses. Lapsing includes "decay" and "gap."
"'MDJS-magisterial district judge system." A web-based application, operated by the Administrative Office of Pennsylvania Courts, which serves as a source of information from minor courts on charges filed and the disposition of charges filed, used to prepare sentencing guidelines and sentence risk assessments.
"Minor." Unless otherwise specified, a person who is under 18 years of age.
"OGS-offense gravity score." An assignment in the sentencing guidelines reflecting the seriousness of the conviction offense. There are 30 general OGS categories, OGS 1 through OGS 30, and eight OGS categories limited to assignments for murder.
"OTN-offense tracking number." A unique identifying number assigned to an entire set of related charges. An OTN is generally assigned by the court at the time of arraignment.
"Offense-specific sentence recommendation." A recommendation for the disposition and duration of a sentence imposed for a conviction offense, intended to promote uniformity and proportionality in sentencing. A standard range recommendation represents the typical sentence for the typical circumstance; for sentences imposed in the mitigated or aggravated range, and for departures from the guidelines, courts are required to report reasons for the sentence.
"POG-prior offense group." Classification of previous adjudication and conviction offenses based on seriousness used to determine the prior record score. There are four groups, POG1 through POG4, with POG1 being the least serious previous offenses and POG4 being the most serious previous offenses.
"PRS-prior record score." A category in the sentencing guidelines reflecting the seriousness of the criminal history of a person, based on certain previous juvenile adjudications and/or convictions. There are five PRS categories, PRS 0 through PRS 4.
"Prior adjudication." A previous offense for which the commission of the offense and the adjudication of delinquency for the offense occurred prior to the commission of the current conviction offense.
"Prior conviction." A previous offense for which the commission of the offense and the conviction for the offense occurred prior to the commission of the current conviction offense.
"RS-restorative sanctions." Non-confinement and limited supervision sentencing alternatives and penalties, such as determination of guilt without further penalty, restitution, fines, community service and administrative probation.
"SID-state identification number." A unique number associated with each person based on fingerprints.
"School zone." Within 250 feet of the real property on which is located a public or private elementary or secondary school.
"Sentencing guidelines." Sentencing guidelines include offense-specific sentence recommendations, which must be considered by the court, and judicial proceeding considerations, which may be considered by the court. Determination of conformity to the sentencing guidelines, based on whether a sentence is imposed within one of the three ranges (i.e., standard, aggravated, mitigated), or is a departure from the guidelines (i.e., disposition and/or duration outside of the ranges or failing to follow procedures), only applies to the offense-specific recommendation.
"Sentencing guidelines application." A JNET web-based application developed and operated by the Commission and required to be used for the preparation of sentencing guidelines, sentence risk assessment instruments, and resentencing guidelines, and for the electronic reporting of all required information to the Commission.
"Sentencing levels." Categories associated with recommended dispositions and durations, based on the combination of the offense gravity score and prior record score. There are eight sentencing levels (Level A-Level H).
"Serious bodily injury." Bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
"Serious crimes." Except for crimes of violence, an adjudication or conviction for any felony of the first degree or felony of the second degree, or an adjudication or conviction for a felony of the third degree or misdemeanor of the first degree as provided in the following: 18 Pa.C.S. Part II, Article B (relating to offenses involving danger to the person), 18 Pa.C.S. Chapter 61-A (relating to Uniform Firearms Act), and 42 Pa.C.S. § 9799.14.
"Statutory limit." The longest minimum term of confinement permitted by law, which is one-half the statutory maximum.
"Statutory maximum." The maximum period of confinement or of probation authorized for the disposition of a person, as provided in 18 Pa.C.S. Chapter 11 (relating to authorized disposition of offenders).
204 Pa. Code § 303a.1