Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 2154.7 (2026)

 Adoption of risk assessment instrument.

✓ current as of May 2026
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§ 2154.7.  Adoption of risk assessment instrument.

(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.

(Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. 60 days)

 

2019 Amendment. Act 115 amended subsec. (d).

2010 Amendment.  Act 95 added section 2154.7.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2018–2024 · leading case: State of Iowa v. Sean David Gordon, 919 N.W.2d 635 (Iowa Ct. App. 2018).
State of Iowa v. Sean David Gordon, 919 N.W.2d 635 (Iowa Ct. App. 2018). “114 (A)(1)-(3) (2017) (stating the Ohio department of rehabilitation and correction "shall select a single validated risk assessment tool for adult offenders" that shall be used for various purposes including sentencing); 42 Pa. Cons. Stat. § 2154.7 (a) (2017) ("The commission…”
Commonwealth v. Berry, J., Aplt. (Pa. 2024). “95, § 2; 42 Pa.C.S. § 2154.7. 54 204 PA. CODE §§ 305.”
Commonwealth v. Berry, J., Aplt. (Pa. 2024). “95, § 2; 42 Pa.C.S. § 2154.7. 54 204 PA. CODE §§ 305.”
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