Académique Documents
Professionnel Documents
Culture Documents
Department of
Intermediate
Punishment Program
Example Offenses
Murders
REVOC
AGG/MIT ~/-12
14
Inchoate Murder (SBI) Rape (victim <13 yrs) Inchoate Murder (No SBI)
7Z-SL
84-SL
96-SL
X20-SL
168-SL
192-SL
204-SL
SL
13
60-78
66-84
72-90
78-96
84-102
96-114
108-126
240
+/-12
PWIDCocaine (>1,000 g)
Rape-Forcible Compulsion
12
IDSI-Forceible Compulsion
48-66
54-72
60-78
66-84
72-90
84-102
96-114
120
+/-12
Robbery-lnfllces SBI
LEVEL 5 State (near 11
36-54
42-60
BC
48-66
54-72
60-78
72-90
84-102
120
+/-12
10
PWID Cocaine (100-1,000 g) Kidnapping Agg Indecent Assault F2 Arson-Person in Building Hom by Vehicle-DUl & Work Zone
22-36
30-42
36-48 42-54
48-60
60-72
72-84
120
+/-12
BC
BC
BC
PWID Cocaine(50-<100 g)
Sexual Exploitation of Children Robbery-Commit/Threat F1/F2 Burglary-Home/Person Present Arson-No Person in Building Agg Assault -Cause Blw/D\N Theft (Firearm) Identity theft (3rd/+ & Vic>=60 yrs) 8 (Fl) Hom by Veh-DUl or Work Zone Theft (>$100,000) PWID Cocaine (10-<50 g)
Robbery-lntllcts/Threatens Bl
12-24 BC 18-30 BC 24-36 BC 30-42 BC 36-48
48-60
BC
60-72
120
+/-12
LEVEL 4
State
9-16 BC
12-18 BC
15-21 BC
18-24 BC
21-27
BC
27-33
Incar/
RIP
40-52 BC
NA
+/-9
trade
LEVEL 3
Burglary-Home/No Person Present 7 Statutory Sexual Assault (F2) Theft (>S50,000-S100,000) Identity Theft (3rd/subq)
PWID Cocaine {5-<10 g)
6-14 BC
9-16
BC
12-18 BC
15-21
BC
18-24 BC
24-30 BC
35-45
NA
+/-6
BC
State/
Cnty
Incar RIP
3-12 BC
6-14 BC
9-16
BC
12-18
BC
15-21
21-27 BC
27-40
NA BC
Theft (>S25,000-S50,000)
Arson-Endanger Property
+/-6
trade
BC
LEVEL
2
1-12
3-14 BC
6-16
9-16 BC
12-18
24-36 NA BC
RS-9 BC BC BC
+/-3
Indecent Assault M2
Cnty
Incar RIP RS
Forgery (Money, Stocks) Weapon on School Property Crim Trespass F2 Simple Assault-Attempt/Cause Bl Theft ($200-$20GO) (Ml) Carrying Explosives
3
3-14
6-16 BC
9-16
BC
21-30 NA
BC
RS-3
RS-9
RS-<12 BC
+/-3
3-14 RS-1
6-16 BC
12-18
RS-6
RS-9
RS-<12
BC BC
NA
-I-/-3
Simple Possession
2 LEVEL 1 RS
RS
RS-2
RS-3
RS-4
RS-6
1-9
6-<12
NA
+/-3
RS
RS-1
RS-2
RS-3
RS-4
RS-6
3-6
NA
+/-3
1. Designated areas of the matrix indicate restrictive intermediate punisliments may be imposed as a substitute tor Incarceration.
2. When restrictiveIntermediate punishments are appropriate, the duration of the restrictiveIntermediate punishment programsare recommended not to exceed the guidelineranges.
3. When the range Is RSthrough a number of months (e.g. RS-6), RIP may be appropriate.
4. Allnumbers in sentence recommendations suggest months of minimum confinement pursuant to 42 Pa.C.S.9755(b) and 9756(b). 5. Statutory classification (e.g., Fl, F2, etc.) in brackets reflect the omnibus OGSassignment for the given grade.
Key:
BC
CNTY
INCAR
=
=
=
boot camp
county
incarceration
RIP
RS
SBi
PWID REVOC
RFEL
s =
=
SL
<;>
statutory limit (longest minimum sentence) no recommendation (aggravated sentence would exceed statutory limit)
less than;greater than
The County Intermediate Punlshmenit Act was enacted by the legislature In December 1990
(Act 1990-193). Related legislation, Act 1990-201, amended theJudicial Code to provide judges with the authority tosentence defendants to county Intermediate punishment. Several changes have occurred since then (Act 2000-41, Act 2004-233, and Act 2012-122). County IP primarily targets offenders who
would otherwise be serving an individual or aggregate minimum sentence of confinement In a county
facility. Every sentence ofcounty intermediate punishment should Include oneor more restrictive intermediate punishment (RIP) programs aswell as a restorative sanctions (RS) component.
Procedure for sentencing offenders to County Intermediate Punishment
programs (both RIP and RS) must beincluded in the Plan and updated onan annual basis. The County IP Plan provides a mechanism to advise thecourt ofthe extent and availability of
services and programs authorized Inthe county.
^ The County IP Plan includes information onthe appropriate classification and use ofcounty
programs based on program-specific requirements.
TheSentencing Commission has classified countyintermediate punishment programs as Restrictive Intermediate Punishments (RIP) and restorativesanction programs(RS). Restorative
sanction programs are used in conjunction with RIP asthe level ofsupervision is reduced.
v' Restrictive Intermediate Punishments (RIP) either:
o house the offender full or part time; or
o significantly restrict the offender's movement and monitor the offender's compliance
with the program(s); or
o
^
Eligibility:
Aperson with a current conviction orwith a prior conviction within the pastten years ofany of
the following offenses is ineligible for a county intermediate punishment sentence: 18 Pa.C.S. 2502 (murder) 18 Pa.C.S. 3301 (arson)
18 Pa.C.S. 2503 (voluntary manslaughter) 18 Pa.C.S. 2702(aggravated assault) 18 Pa.C.S. 2703 (assault by prisoner) 18 Pa.C.S. 2704 (assaultbylife prisoner) 18 Pa.C.S. 2901(a) (kidnapping)
18Pa.C.S. 3502 (burglary, when graded as Fl) 18 Pa.C.S. 3701(robbery) 18Pa.C.S. 3923 (theft by extortion) 18 Pa.C.S. 4302(a) (incest) 18 Pa.C.S. 5121(escape)
URl: http://pasentendng.us
September2012
Page 1 of2
A person who has been convicted or adjudicated delinquent of a crime requiring registration under42 Pa.CS. chapter97,subchapter H(relatjng to registration of sexual offenders) is
ineligible for a county intermediate punishment sentence.
^ The prosecuting attorney mayadvisethe court that the Commonwealth has elected to waive the eligibility requirementsifthe victim has been given noticeof the prosecutor'sintent to waive eligibility and an opportunity to be heardonthe issue. The court,after considering victim input, may refuse to accept the prosecutor's waiverof the eligibility requirements.
An offender at Level 4 or Level 3 shall have a diagnostic assessment of dependency on alcohol or
other drugs priorto sentencing to county intermediate punishment. Ifan offender isassessed to be dependent,the sentence shall be consistent with the level of care and length ofstay prescribed inthe treatment recommendation, regardless of the standard range ofsentencing
guideline recommendation.
An offender assessed as not in need of drug or alcohol treatment may be sentenced to county
intermediate punishment. Each day of participation ina RIP program or combination ofRIP programs shall be considered the equivalent ofone dayof total confinement.
Any person convicted ofdriving while operating privilege is suspended or revoked is eligible for
a county intermediate punishment sentence.
^ Any person convicted ofdriving afterimbibing alcohol or utilizing drugs iseligible fora county intermediate punishment sentence fora first, second or third offense. The individual must first undergo a drug and alcohol assessment. If the defendant is determined to be in need ofdrug
and alcohol treatment, a sentence to countyintermediatepunishmentshall include
Partial confinement such as work release, work camp, and halfway facilities; or
Upon revocation, all sentencing alternatives available to the courtare the same as the
alternatives available at the time of initial sentencing.
Upon revocation, the District Attorney may file notice, at any time prior to resentencing, ofthe
Commonwealth's intention to proceed under an applicable provision of the law requiring a
mandatory minimum sentence.
The court shall not revoke or increase the conditions of a sentence of county intermediate
URL: http://pasentencing.us
September 2012
Page 2 of2
2. Defendant provided Intake Packet and instructed to report to DPS/ 3"^^ floor
3. Defendant provided with Intake appt. and if IP eligible/considered
a. D&A eval. appt. (with contracted in-house provider)
4. Intake conducted at DPS
5. Drug and Alcohol evaluation completed a. Evaluation / recommended treatment response returned to DPS b. Level of Care recommended integrated into sentence conditions
and/or ISP
Does not have present or past violent behavior (ineligible offense as defined under Title 42 Pa. C.S.A. 9721) Has not been convicted of a crime requiring sex offender registration (under the provisions of Title 42 Pa. C.S. Chapter 97, subchapter H)
Is not being sentenced on l'* offense DUI or 2"'' offense DUI (Tier 1)- with maximum ofonly 6
months
Has not previously received an IP sentence for current offense (no re-sentences to IP)
What will an Adams Co. IP sentence consist of? Must be comprised of both a Restrictive Portion and Restorative portion (no longer Phase
breakdown)
Restrictive portions will be made up of the following forms of restrictive custody or any combination thereof (not to exceed 18 months);
o Re-entry
o Inpatient Treatment facility (ifarrangements are in place at time of sentencing) Required fees for EM/HA of $15.00 hook-up; $10.00 daily w/ Alcohol Monitoring Devices
additional
Unless otherwise stated the Restrictive portion will be divided 2/3 Re-entry 1/3 EM/HA
Adams Co. Intermediate Punishment. New sentence formats have been developed for these and will consist of mandatory minimum
commitments directlyto the Re-entry BIdg. at the ACACC following a furlough period designated in sentence and completion of the Pre-Commitment Process by the defendant. Ifa pre-commitment packet and process is not completed the defendant will be committed to
the main facility of ACACC for the minimum portion of the sentence and may not be permitted
to participate in the work release program
These short term sentences for DUI will have automatic parole conditions unless the defendant;
o
o
Reports to the Re-entry building under the influence of alcohol or non-prescribed drugs
Receives a misconduct and is removed from the re-entry building during the short term
Current Charges:
7/24/89
Incarcerated : Y / N
DOB:
Very t
Low =
Low
1
3
Medium
^
t
High
1
Very
High
1 (
1
s
^
15
t-
30
j5
ip
]20
2.S
35
AO
A^
Total Score
Very Low
1.1 Criminal History
Low
Medium
High
I
Very High
[<7)
!{6)
1(4) ,(2)
(4) (6)
1.2 Education/Employment
1.3 Family/IVlarltal
1.4 Leisure/Recreation
1.5 Companions
I (3)
Assessment Summary:
AREAS OF CONCERN RELFECTED IN ASSESSMENT
RECOMMENDED
Education/ Employment
Family / Marital
Companions / Anti-social Patterns
that the defendant participate in and successfully complete an approved Cognitive Behavior counseling or education program. the immediate previous condition will also address this need.
Def. complete d&a assessment and treatment as
recommended
PRESENTED STABLE AND WAS COOPERATIVE DURING ASSESSMENT MR. HE IS CURRENTLY EMPLOYED AT JIFFY LUBE AND HAS 3 CHILDREN
HE IS NOT CURRENTLY UNDER ANY MEDICAL CARE, BUT INDICATES THAT HE IS ON PRESCRIBED
NARCOTIC MEDICATIONS FOR BACK PAIN
Credit:
The defendant should receive 10 days creditfor time previously served from (1-9-13 ) to (1-19-13) in the Adams County Adult Correctional Complex in relation to the above-noted charges .
A person who has beenconvicted or adjudicated delinquent of a crimerequiring registration under42 Pa.C.S. chapter 97, subchapter H (relating to registration of sexual offenders) is ineligible for a county intermediate punishment sentence.
if convicted of DUI or DUS/ DUI related/ defendant must undergo drug and alcohol
evaluation prior to sentencing; if determined through evaluation to be in needof drug and alcohol treatment the imposed IP sentence mustinclude participation in directed
treatment and house arrest/ electronic monitoring; partial confinement; or residential
Defendant does not demonstrate a presentor past propensity for violent behavior (Title
42 Pa. C.S.A. 9721)
Defendant would otherwise be sentenced to period incarceration (Title 42 Pa. C.S.A. 9721) (Level 2,3 or 4 of PA Sentencing guidelines)
and if assessed dependant IP sentence must include level of care consistent with as
prescribed in assessment
Defendant undergo a LSCMI pre-sentenceassessment to determine risk/needs for application of appropriate conditions and credit within sentence
AND NOW THIS , day of 2013, the defendant having appeared for sentencingas a result of (plea, nolo or finding of guilt,) for the above-captioned charge and having considered input from the defendant,
representing counsel, the commonwealth, pre-sentence reports if prepared and anyother information provided
for consideration, this court imposes the following sentence:
The defendant is sentenced to Adams CountyIntermediate Punishmentfor a total period of and is subjectto all standardconditionsof IP, the first (days)(months) will be served in Restrictive Intermediate Punishment [42 Pa. C.S.A. 9763(b)] as follows:
months
- The defendant will serve the entire restrictive portion noted above on House Airest/
Electronic Monitoring.
Thedefendant is ordered to participate in and successfully complete anyprogram of care, treatment, education, or rehabilitation as designated herein or deemed appropriate by the court or probation officials following,
complete evaluation and assessment.
Community Service
The defendant shall pay restitution in the amount of , to The defendant is directed to pay a fine in the amount of $ amount of fine the costs, a $185 educational fee, a $300 Booking Center Fee, a $35 public service fee, a $40 per month local offender's supervision fee, $20 law enforcement fee, $20 testing fee, plus all fees, fines, and costs mandated by law, Local Rule of Court or
administrative Order of Court.
All financial obligations imposed in this order shall be paid in equal monthly installments unless modified by subsequent Order of this Court or by a written agreement, filed of record, entered between the Defendant and the Clerk of Court's Office. In the event a modification agreement in entered, the Defendant is directed to make a payment pursuant to that agreement.
The defendant is subject to all standardconditions of Intermediate Punishment and the rules and conditions of
any programs incorporated herein as part of this sentence.
The defendant shall be in compliance and have all appropriate and necessary accommodations in place including an acceptable home plan prior to approved transition from any restrictive term to any other restrictive
or restorative term of this sentence.
The defendant shall receive credit for previous period incarceration from: totaling days and applied only to the restrictive portion of this sentence.
to:
The Defendant is released on Restorative supervision until Report Date at o'clock, at which time he/she is directed to report directlyto the Re-entry Facility of the Adams County Correctional Complex to commence
this sentence. He/she is advised that should he/she fail to report as directed it will constitute the crime of
Escape.
The Defendant is directed to complete the Pre-Commitment packet, return it, and complete the Pre-
Commitment procedure as directed. Failure to do so will delay placement into the Adams County Community Re-Entry Facility when reporting to commence this sentence and could result in significant delay in placement
out to work.
By the Court,
cc: Defendant
Clerk of Courts
TOTAT- RESTRICTIVE
TERM Im
2 m 3m 4 m 5m
1/3 TRANSITION
TERM 10 d 20 d
1m
20d
ImlOd
2m
2m20d
ImlOd
1 m20d
2m
3 m 10 d
4m
6 m 7m
8m
4 m20 d
5ml0d 6m
2ml0d
2m20d 3 m
9 m 10 m
11m 12 m
6m20d 7ml0d
8 m
3 m 10 d 3m20d
4 m
13 m
14 m
8m20d 9ml0d
10 m
4m lOd 4m20d 5m
15 m 16m
17 m
10m20d
llmlOd 12 m
5mlOd 5m20d
6 m
18m
CHARGE: DUI
offense
ORDER OF COURT
AND NOW THIS , day of , 20 the defendant having appeared for sentencing as a result of (plea, nolo or finding of guilt,) for the above-captioned charge and having consideredinput from the defendant, representing counsel, the commonwealth, pre-sentence reports if prepared and any other information provided for consideration, this court imposes the following sentence:
The Defendant is sentenced to serve no less than consecutive hours/ days nor more than 6 months in partial confinement in the Re-entry Building at the Adams County Adult Correctional Complex. The defendant is immediately eligible for work release provided the Pre-Commitment process has been completed
as directed and prior to commitment.
The Defendant shall be automatically paroled at the expiration of the minimum sentence unless the Defendant reports to the Re-entry Facility under the influence of alcohol or non-prescribed drugs or receives a misconduct and is removed from the Re-entry Facility in which case the Defendant's placementin the Re-entry Facility and automatic parole is revokedand the Defendant shall remain in partial confinement in the Adams County Prison
until further Order of Court.
The defendant is ordered to participate in and successfully complete any program of care, treatment, education, or rehabilitation as designated herein or deemed appropriate by the court or probation officials following,
complete evaluation and assessment.
The defendant must participate in and successfully complete : drug and alcohol treatment
mental health evaluation/treatment
Ignition Interlock
pay ^
, to.
the costs, the statutory surcharge, a $185 The defendant is directed to pay a fine in the amount of $ educational fee, a $300 Booking Center Fee, a $35 public service fee, a $40 per month local offender's supervision fee, $20 law enforcement fee, $20 testing fee, plus all fees, fines, and costs mandated by law. Local
Rule of Court or Administrative Order of Court.
All financial obligations imposed in this order shall be paid in equal monthly installments unless modified by subsequent Order of this Court or by a written agreement, filed of record, entered between the Defendant and the Clerk of Court's Office. In the event a modification agreement in entered, the Defendant is directed to make a payment pursuant to that agreement.
The defendant shall receive credit for previous period incarceration from:
The Defendantis released on special furlough until at , o'clock, at which time he/she is directed to report directlyto the Re-entry Building of the AdamsCoxmty Correctional Complex to conunence this sentence. He/she is advised that shouldhe/shefail to reportas directed it will
constitute the crime of Escape.
The Defendantis directed to completethe Pre-Commitment packet, return it, and complete the PreCommitment procedureas directed. Failureto do so will delay placement into the AdamsCountyCommumty Re-Entry Facility when reporting to commence this sentence and could result in significant delay in placement
out to work.
Immediately uponrelease the Defendant is directed to report to the Adams County Department of Probation
Services, located on the third floor of the Adams County Courthouse.
By The Court,
cc: Defendant
Clerk of Courts