Current through Register Vol. 54, No. 49, December 7, 2024
Section 303a.7 - Judicial proceeding considerations(a)General provisions. Judicial proceeding considerations are provided to address the imposition of multiple sentences, encouraging practices that promote greater consistency in the use of concurrent or consecutive sentences, and promote consideration of various sentencing and correctional programs.(b)Concurrent and consecutive sentences. As provided in 42 Pa.C.S. § 9721(a) (relating to sentencing generally), the court may impose one or more sentencing alternatives consecutively or concurrently. When a judicial proceeding includes sentences for multiple convictions, the court is encouraged to consider the imposition of concurrent sentences for lesser conviction offenses within the same criminal incident. Exceptions include: (1) Sentences for crimes of violence, and for convictions involving sexual assault, domestic violence, and vulnerable victims.(2) Consecutive sentences when required by law, including but not limited to: (i)18 Pa.C.S. § 2703(b) (relating to assault by prisoner).(ii)42 Pa.C.S. § 9711.1(c) (relating to sentencing for certain murders of infant persons).(iii)42 Pa.C.S. § 9718.5 (relating to mandatory period of probation for certain sexual offenders).(iv)61 Pa.C.S. § 6137.2 (relating to reentry supervision).(v)75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).(vi)75 Pa.C.S. § 3804(c.2) and (c.3) (relating to penalties).(3) Proceedings in which there are multiple crime victims, or multiple criminal incidents.(4) Circumstances for which a longer sentence is warranted to address treatment needs.(c)Consecutive sentences of total confinement. As provided in 42 Pa.C.S. § 9757 (relating to consecutive sentences of total confinement for multiple offenses), when the court determines that a sentence should be imposed consecutive to one being then imposed or one previously imposed, the court shall indicate the minimum sentence to be served for the total of all offenses; the minimum sentence shall not exceed one-half of the maximum sentence imposed. For purposes of the guidelines, the total confinement sentence imposed during the judicial proceeding shall be considered the aggregate confinement sentence.(d)Consideration of sentencing and correctional programs. When the aggregate confinement sentence authorizes the use of a county facility, the court is encouraged to consider a county reentry program or partial release program as provided in § 303a.1(c) (relating to preliminary provisions), and county parole pursuant to 42 Pa.C.S. § 9776 (relating to judicial power to release inmates). When the aggregate confinement sentence authorizes the use of a State facility, the guidelines encourage the court to determine the eligibility and appropriateness of the specified Department programs provided in § 303a.1(c); parole authority in such cases is under the jurisdiction of the Board pursuant to 61 Pa.C.S. § 6132 (relating to specific powers of board involving offenders).(e)Consecutive sentences of probation. Unless otherwise provided, the court is encouraged to limit the aggregate term of probation imposed during a judicial proceeding to no more than five years; and that the duration of the restrictive conditions of probation, or a combination of confinement without parole, as provided in 42 Pa.C.S. §§ 9755(h) and 9756(c.1) (relating to sentence of partial confinement; and sentence of total confinement), and restrictive conditions of probation, not exceed the aggregate months of confinement recommended in the sentencing guidelines.Adopted by Pennsylvania Bulletin, Vol 53, No. 34. August 26, 2023, effective 1/1/2024