County Intermediate Punishment Sentencing Helene Placey PA Commission on Sentencing
Transcription
County Intermediate Punishment Sentencing Helene Placey PA Commission on Sentencing
October 22, 2013 PCCD CJAB Conference Days Inn, State College County Intermediate Punishment Sentencing Helene Placey PA Commission on Sentencing http://pasentencing.us 1 Sentencing Alternatives Alternatives found at 42 Pa.C.S. §9721 Guilt without further penalty Fine Restitution Order of Probation County Intermediate Punishment Partial Confinement Total Confinement State Intermediate Punishment 2 County IP Sentencing County Intermediate Punishment Definitions and eligibility: 42 Pa.C.S. §9802 Conviction which would otherwise result in sentence to county correctional facility Does not demonstrate present or past violent behavior (ineligible offenses) Otherwise be sentenced to confinement Maximum term (flat sentence) Combination of RIP & RS components 3 County IP Sentencing Restrictive IP Programs (RIP) House offender full or part time Significantly restrict movement & monitor compliance Comply with PCCD’s minimum standards Restorative Sanctions Programs (RS) No confinement or housing Least restrictive in terms of constraint of liberties Focuses on restoring victim to pre-offense status 4 County IP Sentencing County IP eligible for Certain Offenses w/ mandatory requirement DUI First, Second or Third offense Qualified RIP’s Driving Under Suspension (DUI related) Operating Watercraft Under the Influence Illegally Operating Motor Veh. Not Equipped w/ Ignition Interlock – BAC .025 or greater 5 Sentencing Guidelines Sentence Recommendation Sentencing guidelines provide minimum sentence recommendations (range of months) Intended to apply to typical case Based on combination of: Offense Gravity Score (OGS) Prior Record Score (PRS) PCS targets levels 3 & 4 for CIP sentences 6 Sentencing Levels Level 5 State Sentence/State Facility (SIP) Level 4 State Sentence/County Facility (CIP/SIP) Level 3 County Sentence/County Facility (CIP) Level 2 County Sentence/County Facility or Non-confinement Level 1 Non-confinement 7 County IP Sentencing County IP at Level 3 or Level 4 Drug & Alcohol Assessment/Evaluation required at Level 3 or 4 (prior to sentence) If assessed dependent, judge should impose sentence based on prescribed: Level of care Length of stay If not dependent, court may still impose County IP (1 day incarceration = 1 day RIP) 8 Questions Helene Placey Sentencing Policy Specialist Eastern PA [email protected] (717) 772-4122 Carrie Peters Sentencing Policy Specialist Western PA [email protected] (814) 863-5204 9