204 Pa. Code § 303.12 - Guideline sentence recommendations: sentencing and correctional programs (2023)

(a)Countyintermediate punishment (CIP) programs as restrictive conditions ofprobation. County intermediate punishment programs are developed,implemented and operated for the following purposes: to protect society andpromote efficiency and economy in the delivery of correctional services; topromote accountability of offenders to their local community; to fill gaps inlocal correctional systems and address local needs through expansion ofpunishment and services available to the court; and to provide opportunitiesfor offenders who demonstrate special needs to receive services which enhancetheir ability to become contributing mem-bers of the community.

(1)Eligibility.

(i) The following regulations and statutesgovern operation of and eligibility for county intermediate punishment programsas restrictive conditions of probation:

37 Pa. Code § 451.111 et seq.

42 Pa.C.S. §§2154, 2154.1, 9754, 9763, § 9773 and Chapter 98

204 Pa. Code § 303.9 and § 303.11

(ii) Sentence recommendations which includean option of county intermediate punishment programs as restrictive conditionsof probation for certain offenders are described in § 303.9(e)(4) and(5).

(2) The countyintermediate punishment plan, as described in 42 Pa.C.S. Chapter 98, provides amechanism to advise the court of the extent and availability of services andprograms authorized in the county. This plan includes information on theappropriate classification and use of county programs based on program-specificrequirements.

(3)(Reserved).

(4)Restrictiveconditions of probation. Restrictive conditions of probation, asprovided in42 Pa.C.S. §9763(d), are defined asprograms that provide for strict supervision of the offender. The countyintermediate punishment board is required to develop assessment and evaluationprocedures to assure the appropriate targeting of offenders. All programs mustmeet the statutory requirements for restrictive DUI probation conditions(relating to42 Pa.C.S. §9763(c)) and restrictiveconditions of probation (relating to42 Pa.C.S. §9763(d)) and the minimumstandards provided in the Pennsylvania Commission on Crime and Delinquencyregulations (37 Pa. Code Chapter 451 for county intermediate punishments, andcomply with the guidelines adopted pursuant to42 Pa.C.S. §2151.1 relating to adoption of guidelines forrestrictive conditions).

(i) Restrictiveconditions of probation:

(A) house the personfull time or part time; or

(B)significantly restrict the person's movement and monitor the offender'scompliance with the program, including electronic monitoring or homeconfinement.

(ii) Anoffender under consideration for restrictive conditions of probation at Level 4or Level 3 shall have a diagnostic assessment of dependency on alcohol or otherdrugs conducted by one of the following: the Pennsylvania Department of Drugand Alcohol Programs or a designee; the county authority on drugs and alcoholor a designee; or clinical personnel of a facility licensed by the Departmentof Drug and Alcohol Programs.

(iii)An offender assessed to be dependent shall be evaluated for purposes of atreatment recommendation by one of the above listed assessors. The evaluationshall take into account the level of motivation of the offender. If sentencedto a restrictive conditions of probation, the sentence shall be consistent withthe level of care and length of stay prescribed in the treatmentrecommendation, regardless of the standard range sentencingrecommendation.

(iv) An offenderassessed as not in need of drug or alcohol treatment may be placed in anyapproved restrictive condition of probation. Each day of participation in arestrictive condition of probation shall be considered the equivalent of oneday of total confinement for guideline sentence recommendations.

(v) The court may impose restrictive DUIprobation conditions in lieu of incarceration for certain convictions under75Pa.C.S. §3802 (relating to DrivingUnder the Influence of Alcohol or Controlled Substance).

(5)(Reserved).

(6)Restrictive DUI probationconditions . In accordance with42 Pa.C.S. §9763(c) and §303.9,restrictive DUI probation conditions may be used to satisfy the mandatoryminimum sentencing requirements of certain convictions under75Pa.C.S. §1543(b),former75 Pa.C.S. §3731or 75 Pa.C.S. § 3804 for a first, second or third offense under 75 Pa.C.S.Chapter 38.

(i) Unless otherwise provided instatute, Restrictive DUI probation condition include:

(A) if the defendant is determined to be inneed of drug and alcohol treatment, and receives a penalty imposed under75Pa.C.S. §1543(b),former75 Pa.C.S. §3731,75 Pa.C.S. § 3804 or a first, second or third offense under 75 Pa.C.S.Chapter 38, a sentence with restrictive DUI probation conditions shall includeparticipation in drug and alcohol treatment under75 Pa.C.S. §3815(c), and shall haverestrictive DUI probation conditions of:

(I) aresidential inpatient program or residential rehabilitative center;

(II) house arrest with electronicsurveillance;

(III) a partialconfinement program such as work release, a work camp or a halfway facility;or

(IV) any combination of theseprograms.

(B) if thedefendant is determined not to be in need of drug and alcohol treatment, thedefendant shall have restrictive DUI probation conditions of:

(I) house arrest with electronicsurveillance; or

(II) partialconfinement programs such as work release, a work camp or a halfway facility;or

(III) any combination of theseprograms.

(b)State Motivational Boot Camp(BC). A program for eligible persons committed to the Department ofCorrections in which inmates participate for a period of six months in a humaneprogram which provides rigorous physical activity, intensive regimentation anddiscipline, work on public projects, substance abuse treatment serviceslicensed by the Department of Health, continuing education, vocationaltraining, prerelease counseling and community corrections aftercare.

(1)Eligibility.

(i) The following statute governs operationof and eligibility for the State Motivational Boot Camp: 61 Pa.C.S. Chapter39.

(ii) Boot Camp is recommendedfor eligible persons less than 40 years of age committed to the Department ofCorrections with a minimum term not more than two years and a maximum term offive years or less; or a minimum term not more than three years and within twoyears of completing the minimum term. The court may exercise discretion toexclude the person from eligibility. If eligible, the person must give consentto enter the program.

(2) The court shall indicate on theoffender's commitment order and the Guideline Sentence Form if the person isexcluded from eligibility for the boot camp program. The Department ofCorrections makes the final determination as to whether the offender will beaccepted into the boot camp program.

(3) Upon successful completion of theprogram, the person shall be immediately released on parole, subject tointensive supervision. Expulsion from the program results in the person'scontinued service of the original sentence imposed, with consideration ofparole upon completion of the minimum term.

(c)State Drug Treatment Program (SDP). A 24-month program for drug-related persons committed to theDepartment of Corrections designed to address the individually assessed drugand alcohol abuse and addition needs of a participant and to address otherissues essential to the participant's successful reintegration into thecommunity, including, but not limited to, educational and employment issues.

(1)Eligibility.

(i) The following statute governs operationof and eligibility for State Drug Treatment Program: 61 Pa.C.S. Chapter41.

(ii) State Drug TreatmentProgram is recommended for eligible persons convicted of drug-related offensescommitted to the Department of Corrections with a minimum term not more thantwo years and a maximum term of five years or less; or a minimum term not morethan five years and within two years of completing the minimum term. The courtand the prosecutor may exercise discretion to exclude the person fromeligibility. If eligible, the person must give consent to enter the program,and the DOC assessment must conclude that the person is in need of drug andalcohol addiction treatment.

(2) The court shall indicate on theoffender's commitment order and the Guideline Sentence Form if the person isexcluded from eligibility for the State Drug Treatment Program. The Departmentof Corrections makes the final determination as to whether the offender will beaccepted into the State Drug Treatment Program.

(3) Upon successful completion of theprogram, the entire term of confinement that rendered the person eligible toparticipate in the State Drug Treatment Program shall be deemed to have beenserved. Expulsion from the program results in the person's continued service ofthe original sentence imposed, with consideration of parole upon completion ofthe minimum term.

(4) The court mayimpose a consecutive period of probation. The total duration of a sentence ofstate confinement and consecutive probation may not exceed the maximum term forwhich the eligible offender could otherwise be sentenced.

(d)Recidivism Risk ReductionIncentive (RRRI). A program to encourage eligible non-violentoffenders committed to the Department of Corrections to participate in andsuccessfully complete evidence-based programs that reduce the likelihood ofrecidivism and improve public safety.

(1)Eligibility.

(i) Thefollowing statute governs operation of and eligibility for the Recidivism RiskReduction Incentive Program: 61 Pa.C.S. Chapter 45.

(ii) Recidivism Risk Reduction IncentiveProgram is an individualized plan that contains approved treatment and otherapproved programs designed to reduce recidivism risk of a specific inmate. Ifthe court determines the person committed to the Department is statutorilyeligible, the court shall provide notice of eligibility to the person, and thecourt shall direct the Department to calculate the RRRI minimumsentence.

(2) The courtshall indicate on the offender's commitment order and the Guideline SentenceForm if the person is eligible and direct the Department to calculate the RRRIminimum sentence. The RRRI minimum sentence is three-fourths of the minimumsentence when the minimum sentence is three years or less. The RRRI minimumsentence is offender is five-sixths of the minimum sentence when the minimumsentence is greater than three years.

(3) Upon certification by the Department thatthe person has completed all requirements of the program and remains aneligible offender, the Parole Board may grant parole upon the expiration of theRRRI minimum sentence.

(e)Short Sentence Parole(SSP). A program for eligible non-violent offenders committed to theDepartment of Corrections with an aggregate minimum sentence of confinement oftwo years or less for which parole at minimum without an interview isauthorized

(1)Eligibility.

(i) The following statute governs operationof and eligibility for Short Sentence Parole:61 Pa.C.S. §6137.1.

(ii) Short Sentence Parole requires theParole Board to approve for parole an eligible person at the expiration of theminimum date or RRRI minimum date, whichever is shorter, without requiring aninterview.

(2) A personshall not be eligible for Short Sentence Parole if found guilty of a majordisciplinary infraction while confined in a county or state correctionalinstitution, or has pending felony charges.

(f)Reentry Programs

(1)County Reentry Program(as provided in42 Pa.C.S. §9756(b)(3))

(i) A release plan that may include drug andalcohol treatment, behavioral health treatment, job training, skills training,education, life skills or any other condition deemed relevant by thecourt.

(ii) At the time ofsentencing, the court shall state whether or not the defendant is eligible toparticipate in a reentry plan at any time prior to the expiration of theminimum sentence or at the expiration of a specified portion of the minimumsentence.

(iii) The reentry planeligibility shall be considered a party of the sentence and subject to therequirements related to the entry, recording and reporting ofsentences.

(2)State Reentry Supervision (as provided in61 Pa.C.S. §6137.2)

(i) Requirement that applies to personscommitted to the Department of Corrections with an aggregate minimum sentenceof total confinement of four years or more.

(ii) At the time of sentencing, a period ofreentry supervision of 12 months shall be imposed consecutive to and inaddition to any other lawful sentence issued by the court.

(iii) The Court may impose the period ofreentry supervision required in addition to the maximum sentence permitted forthe offense for which the person was convicted.

(iv) Persons who have been granted any periodof parole during the same period of incarceration shall be deemed to haveserved the reentry supervision requirement.

(3)Mandatoryperiodof probationfor certain sexual offenders (as provided in42Pa.C.S. §9718.5)

(i) Requirement that applies to personsconvicted of an offense under42Pa.C.S. §9799.14(d)(relating to sexual offenses and tier system)

(ii) At the time of sentencing, a mandatoryperiod of probation of three years shall be imposed consecutive to and inaddition to any other lawful sentence issued by the court.

(iii) The court may impose the term ofprobation required in addition to the maximum sentence permitted for theoffense for which the person was convicted.

Notes

204 Pa. Code §303.12

Amended by Pennsylvania Bulletin, Vol 45, No. 26. June 27, 2015, effective 6/27/2015Amended by Pennsylvania Bulletin, Vol 47, No. 35. September 2, 2017, effective 9/2/2017Amended by Pennsylvania Bulletin, Vol 49, No. 36. September 7, 2019, effective 9/7/2019Amended by Pennsylvania Bulletin, Vol 50, No. 39. September 26, 2020, effective 9/26/2020

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