§ 303a.6. Aggravated and mitigated circumstances.
(a) Aggravated and mitigated ranges. As required by 42 Pa.C.S. § 2154(b)(4) (relating to adoption of guidelines for sentencing), the sentencing guidelines provide aggravated and mitigated ranges as variations from the standard range on account of aggravating and mitigating circumstances.
(b) Conformity to the guidelines. A sentence imposed in the standard range, aggravated range, or mitigated range is considered a sentence within the guidelines. A sentence imposed with a disposition or duration more severe than the aggravated range recommendation, less severe than the mitigated range recommendation, or without consideration of applicable guideline sentencing standards, is considered a departure from the guidelines.
(c) Aggravated ranges. When the court determines that aggravating circumstances are present, the court may consider the aggravated range of the sentencing guidelines. The aggravated range is determined by adding the designated number of months listed on the sentencing matrix (AGG/MIT column), located in § 303a.14 (relating to sentencing matrix), to the top of the standard range recommendation as follows:
(1) At Level A, the aggravated range is determined by adding three months of general probation to the top of the standard range recommendation. When the top of the standard range recommendation is RS, the aggravated range recommendation is any period of general probation up to and including three months of general probation; when the top of the standard range recommendation is six months of general probation, the aggravated range recommendation is any period of general probation greater than six months up to and including nine months of general probation.
(2) At Level B, the aggravated range is determined by adding six months of general probation to the standard range recommendation. When the standard range recommendation is 6 months of general probation, the aggravated range recommendation is a period of general probation greater than 6 months up to and including 12 months of general probation; when the standard range recommendation is 24 months of general probation, the aggravated range recommendation is any period of general probation greater than 24 months up to and including 30 months of general probation. The use of confinement or restrictive conditions, for a period longer than designated in the standard range recommendation, is a procedural departure from the guidelines.
(3) At Level C through Level H, the aggravated range recommendation is determined by adding the number of months of confinement designated below to the top of the standard range recommendations:
(i) Level C = 3 months.
(ii) Level D = 6 months.
(iii) Level E = 9 months.
(iv) Level F = 12 months.
(v) Level G = no aggravated range (standard range includes the statutory limit).
(vi) Level H = 24 months.
(4) As an example, when the top of the standard range recommendation is a minimum term of confinement of four months (Level C), the aggravated range recommendation is a minimum term of confinement of greater than four months up to and including a minimum term of confinement of seven months; when the top of the standard range recommendation is a minimum term of confinement of 60 months (Level E), the aggravated range recommendation is a minimum term of confinement of greater than 60 months up to and including a minimum term of confinement of 69 months.
(5) When the guideline sentence recommendation is higher than the statutory limit, the statutory limit shall be the upper limit of the aggravated range.
(d) Mitigated ranges. When the court determines that mitigating circumstances are present, the court may consider the mitigated range of the sentencing guidelines. The mitigated range is determined by subtracting the designated number of months listed on the sentencing matrix (AGG/MIT column), located in § 303a.14, from the bottom of the standard range recommendation as follows:
(1) At Level A, there is no mitigated range, since the bottom of the standard range is restorative sanctions, which excludes general probation.
(2) At Level B, the mitigated range is determined by subtracting six months of general probation from the standard range recommendation. When the standard range recommendation is 6 months of general probation, the mitigated range recommendation is RS or any period of general probation less than 6 months; when the standard range recommendation is 24 months of general probation, the mitigated range recommendation is any period of general probation of 18 months or greater but less than 24 months of general probation. When the standard range recommendation is a minimum of one month restrictive conditions (RC), the mitigated range recommendation of RC is no RC to less than one month RC.
(3) At Level C through Level H, the mitigated range recommendation is determined by subtracting the number of months of confinement designated below from the bottom of the standard range recommendations:
(i) Level C = 3 months.
(ii) Level D = 6 months.
(iii) Level E = 9 months.
(iv) Level F = 12 months.
(v) Level G = 12 months.
(vi) Level H = 24 months.
(4) As an example, when the bottom of the standard range recommendation is a minimum term of confinement of 3 months or less (Level C), the mitigated range recommendation is RS; when the bottom of the standard range recommendation is a minimum term of confinement of 60 months (Level E), the mitigated range recommendation is a minimum term of confinement of 51 months or greater but less than 60 months.
(5) When the guideline sentence recommendation is lower than the sentence required by a mandatory sentencing statute, the mandatory minimum sentence shall be the lower limit of the mitigated range.
(e) Departures from the guidelines. Any sentence imposed with a disposition or duration more severe than the aggravated range recommendation is considered a departure above the guidelines. Any sentence imposed with a disposition or duration less severe that the mitigated range recommendation is considered a departure below the guidelines. Any sentence imposed without consideration of applicable guideline sentencing standards, such as completion of a diagnostic assessment for use of certain restrictive conditions of probation, is considered a procedural departure.
(f) Reasons for sentence.
(1) When the court imposes a sentence for murder of the third degree, or imposes a sentence in the aggravated or mitigated range, or imposes a sentence that is a departure from the guidelines, the court shall state on the record and report to the Commission a reason or reasons for the sentence. The court may consider, but is not limited to the following:
(i) Nature and circumstances of the offense:
(A) Neither caused nor threatened serious harm.
(B) Conduct substantially influenced by another person.
(C) Acted under strong provocation.
(D) Substantial grounds to justify conduct.
(E) Role in offense.
(F) Purity of controlled substance.
(G) Abuse of position of trust.
(H) Vulnerability of victim.
(I) Temporal pattern.
(J) Offense pattern.
(K) Multiple offenses in a criminal incident.
(ii) History and character of the person:
(A) No history of criminal conduct.
(B) Substantial period of law-abiding behavior.
(C) Circumstances unlikely to recur.
(D) Likely to respond affirmatively to probation.
(E) Imprisonment would entail excessive hardship.
(F) Accepts responsibility.
(G) Provides substantial assistance.
(H) Compensated victim or community.
(I) Character and attitude.
(J) Treatment for substance abuse, behavioral health issues, or developmental disorders or disability.
(2) Unless otherwise prohibited by statute, the consideration of validated assessments of risk, needs and responsivity, or clinical evaluations may be considered to guide decisions related to the intensity of intervention, use of restrictive conditions, and duration of community supervision.
(3) Adequacy of the prior record score. The court may consider at sentencing prior convictions, juvenile adjudications, or dispositions not counted in the calculation of the PRS, in addition to other factors deemed appropriate by the court.
(g) Reporting of reasons. When the court imposes a sentence for murder of the third degree, or imposes an aggravated or mitigated sentence, or imposes a sentence that is a departure from the guidelines, the court shall include the reasons on the guideline sentence form, and electronically transmit the information to the Commission in the manner described § 303a.2 (relating to guideline sentencing standards).
Cross References This section cited in 204 Pa. Code § 303a.2 (relating to guideline sentencing standards).
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