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§ 2154.7. Adoption of risk assessment instrument

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: February 18, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part II. Organization
Subpart B. Other Structural Provisions
Chapter 21. Judicial Boards and Commissions
Subchapter F. Pennsylvania Commission on Sentencing (Refs & Annos)
Effective: February 18, 2020
42 Pa.C.S.A. § 2154.7
§ 2154.7. Adoption of risk assessment instrument
Currentness
(a) General rule.--The commission shall adopt a sentence risk assessment instrument for the sentencing court to use to help determine the appropriate sentence within the limits established by law for defendants who plead guilty or nolo contendere to or who were found guilty of felonies and misdemeanors. The risk assessment instrument may be used as an aide in evaluating the relative risk that an offender will reoffend and be a threat to public safety.
(b) Sentencing guidelines.--The risk assessment instrument may be incorporated into the sentencing guidelines under section 2154 (relating to adoption of guidelines for sentencing).
(c) Presentence investigation report.--Subject to the provisions of the Pennsylvania Rules of Criminal Procedure, the sentencing court may use the risk assessment instrument to determine whether a more thorough assessment is necessary and to order a presentence investigation report.
(d) Alternative sentencing.--Subject to the eligibility requirements of each program, the risk assessment instrument may be an aide to help determine:
(1) for persons under supervision, intensity of intervention, use of restrictive conditions and duration of supervision; and
(2) appropriate candidates for alternative sentencing, including the recidivism risk reduction incentive, State drug treatment programs and State motivational boot camps.
(e) Definition.--As used in this section, the term “risk assessment instrument” means an empirically based worksheet which uses factors that are relevant in predicting recidivism.

Credits

2010, Oct. 27, P.L. 931, No. 95, § 2, imd. effective. Amended 2019, Dec. 18, P.L. 776, No. 115, § 4, effective in 60 days [Feb. 18, 2020].
42 Pa.C.S.A. § 2154.7, PA ST 42 Pa.C.S.A. § 2154.7
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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