§ 2154. Adoption of guidelines for sentencing.
(a) General rule.--The commission shall adopt guidelines for sentencing within the limits established
by law which shall be considered by the sentencing court in determining the appropriate
sentence for defendants who plead guilty or nolo contendere to, or who were found
guilty of, felonies and misdemeanors. In adopting guidelines, the commission shall
recommend confinement that is consistent with the protection of the public, the gravity
of the offense as it relates to the impact on the life of the victim and the community
and the rehabilitative needs of the offender.
(b) Factors.--The guidelines shall address the following retributive factors:
(1) Seriousness of the offense, by specifying the range of sentences applicable to crimes
of a given degree of gravity.
(2) Criminal history, by specifying a range of sentences of increased severity or intensity
of intervention for offenders previously convicted of or adjudicated delinquent for
one or more misdemeanor or felony offenses committed prior to the current offense.
The commission may exclude or reduce the valuation of less serious offenses and increase
the valuation of offenses committed while under supervision or in a temporal or offense
pattern.
(3) Criminal behavior, by specifying a range of sentences of increased severity or intensity
of intervention for offenders with increased culpability, including those who possessed
or used a deadly weapon or inflicted substantial harm during the commission of the
current conviction offense.
(4) Aggravated and mitigated ranges, by specifying variations from the range of sentences
applicable on account of aggravating or mitigating circumstances.
(5) The impact of any amendments to section 9756 (relating to sentence of total confinement).
(c) Adjustments.--The guidelines shall include the following risk-related adjustments:
(1) Incapacitation of serious violent offenders.
(2) Modifications to criminal history to reflect risk to reoffend and substantial risk
to public safety to adjust the length of total confinement for more serious criminal
history.
(d) Probation guidelines.--The guidelines shall address the use of county intermediate punishment programs as
restrictive conditions of probation and the duration of terms of probation.
(e) Interactive information.--The guidelines shall include interactive information to support decisions with risk
and recidivism information.
(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:
"Possessed." On a defendant's person or within the defendant's immediate physical control.
"Previously convicted of or adjudicated delinquent." Any finding of guilt or adjudication of delinquency, whether or not sentence has been
imposed or disposition ordered prior to the commission of the current offense.
(Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Sept. 25, 2008, P.L.1026, No.81, eff.
60 days; Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115,
eff. 60 days)
Initial Sentencing Guidelines. Section 218(b) of Act 142 of 1980 provided that the Pennsylvania Commission on Sentencing
shall adopt and publish in the Pennsylvania Bulletin pursuant to 42 Pa.C.S. § 2155(a)(2)
the initial sentencing guidelines within 18 months of the first meeting of the commission.
The provisions of 18 Pa.C.S. § 1386 (redesignated by Act 142 as 42 Pa.C.S. § 9781)
shall take effect upon the effective date of such initial sentencing guidelines pursuant
to 42 Pa.C.S. § 2155(c). The initial sentencing guidelines, as revised, were adopted
January 5, 1982, and became effective July 22, 1982.
Cross References. Section 2154 is referred to in sections 2153, 2154.7, 9711.1, 9720.4, 9720.5, 9720.7,
9720.8, 9721, 9754, 9763 of this title; sections 2505, 3024, 3133, 3502, 3503, 3702,
6105, 6301 of Title 18 (Crimes and Offenses); sections 3732, 3732.1, 3804 of Title
75 (Vehicles).
Notes of Decisions
Cited in
41
cases (
10 in the last 5 years), 1984–2026 · leading case:
Commonwealth v. Fortson, 165 A.3d 10 (Pa. Super. Ct. 2017).
Commonwealth v. Fortson, 165 A.3d 10 (Pa. Super. Ct. 2017).
· cites it 3× “at 17-20; 42 Pa.C.S. § 2154 (directing the sentencing commission to adopt guidelines); 204 Pa.”
Commonwealth v. Tilghman, 531 A.2d 441 (Pa. 1987).
· cites it 8× “[6] The dissent addresses the implications of Act 165 of 1986: Act of December 11, 1986, which has amended both 42 Pa.C.S. § 2154 and 204 Pa.Code § 303 in order to permit the inclusion of juvenile adjudications in the computation of prior record scores.”
Commonwealth v. Sessoms, 532 A.2d 775 (Pa. 1987).
· cites it 4× “The fruits of this broad research were to be recommendations, "Guidelines," as to the appropriate sentences for felonies and misdemeanors, 42 Pa.C.S. § 2154, in keeping with the legislature's historic responsibility for defining criminal offenses and their punishment.”
Commonwealth v. Eyster, 585 A.2d 1027 (Pa. Super. Ct. 1991).
· cites it 7× “The sentencing commission, in its comments, has taken the view that the legislature, in amending the language of 42 Pa.C.S. § 2154 to include the definition of “previously convicted” to supersede Mourar and Wolfe , expressed an intent to permit the use of any earlier committed…”
Commonwealth v. Krum, 533 A.2d 134 (Pa. 1987).
· cites it 4× “§ 9721, which require a sentencing court to use certain juvenile adjudications of delinquency in computing a defendant's prior record score, are contrary to the legislation authorizing the creation of the guidelines, see 42 Pa.”
Commonwealth v. Dickerson, 621 A.2d 990 (Pa. 1993).
· cites it 4× “42 Pa.C.S. § 2154. The Superior Court held that a prior record score should not include a prior offense unless the prior offense resulted in a conviction before the commission of the later offense.”
Commonwealth v. Baker, 614 A.2d 663 (Pa. 1992).
· cites it 2× “See, 42 Pa.C.S. § 2154 Adoption of guidelines for sentencing; and 204 Pa.”
Commonwealth v. Melvin, 172 A.3d 14 (Pa. Super. Ct. 2017).
“2d 957, 962-963 (2007); see also 42 Pa.C.S. §§ 2154(a), 9721; see generally 204 Pa.”
Commonwealth v. Cook, 941 A.2d 7 (Pa. Super. Ct. 2007).
“For purposes of calculating a PRS, the guidelines define prior convictions as follows: “A prior conviction means ‘previously convicted’ as defined in 42 Pa.C.S. § 2154(a)(2).... In order for an offense to be considered in the Prior Record Score, both the commission of and…”
Commonwealth v. Cozzone, 593 A.2d 860 (Pa. Super. Ct. 1991).
· cites it 2× ““A prior conviction means ‘previously convicted’ as defined in 42 Pa.C.S. § 2154(a).” 204 Pa.Code § 303.”
Commonwealth v. Samuels, 532 A.2d 404 (Pa. 1987).
· cites it 2× “42 Pa.C.S. § 2154. Superior Court began its analysis with the premise that the Commission's enabling statute, of which this section is a part, is a penal provision and therefore subject to strict construction.”
Commonwealth v. Hartz, 532 A.2d 1139 (Pa. 1987).
· cites it 2× “However, the guidelines themselves are bound "within the limits prescribed by law," 42 Pa.C.S. § 2154, and this prohibits any guideline sentence from exceeding one half the statutory maximum.”
— 42 Pa. Cons. Stat. § 2154(2) — 1 case
Commonwealth v. Krum, 533 A.2d 134 (Pa. 1987).
“§ 9721, which require a sentencing court to use certain juvenile adjudications of delinquency in computing a defendant's prior record score, are contrary to the legislation authorizing the creation of the guidelines, see 42 Pa.”
— 42 Pa. Cons. Stat. § 2154(a) — 9 cases
Commonwealth v. Fortson, 165 A.3d 10 (Pa. Super. Ct. 2017).
“at 17-20; 42 Pa.C.S. § 2154 (directing the sentencing commission to adopt guidelines); 204 Pa.”
Commonwealth v. Melvin, 172 A.3d 14 (Pa. Super. Ct. 2017).
“2d 957, 962-963 (2007); see also 42 Pa.C.S. §§ 2154(a), 9721; see generally 204 Pa.”
Commonwealth v. Eyster, 585 A.2d 1027 (Pa. Super. Ct. 1991).
“The sentencing commission, in its comments, has taken the view that the legislature, in amending the language of 42 Pa.C.S. § 2154 to include the definition of “previously convicted” to supersede Mourar and Wolfe , expressed an intent to permit the use of any earlier committed…”
Commonwealth v. Cozzone, 593 A.2d 860 (Pa. Super. Ct. 1991).
““A prior conviction means ‘previously convicted’ as defined in 42 Pa.C.S. § 2154(a).” 204 Pa.Code § 303.”
— 42 Pa. Cons. Stat. § 2154(a)(2) — 14 cases
Commonwealth v. Tilghman, 531 A.2d 441 (Pa. 1987).
“[6] The dissent addresses the implications of Act 165 of 1986: Act of December 11, 1986, which has amended both 42 Pa.C.S. § 2154 and 204 Pa.Code § 303 in order to permit the inclusion of juvenile adjudications in the computation of prior record scores.”
Commonwealth v. Cook, 941 A.2d 7 (Pa. Super. Ct. 2007).
“For purposes of calculating a PRS, the guidelines define prior convictions as follows: “A prior conviction means ‘previously convicted’ as defined in 42 Pa.C.S. § 2154(a)(2).... In order for an offense to be considered in the Prior Record Score, both the commission of and…”
Commonwealth v. Eyster, 585 A.2d 1027 (Pa. Super. Ct. 1991).
“The sentencing commission, in its comments, has taken the view that the legislature, in amending the language of 42 Pa.C.S. § 2154 to include the definition of “previously convicted” to supersede Mourar and Wolfe , expressed an intent to permit the use of any earlier committed…”
Commonwealth v. Dickerson, 621 A.2d 990 (Pa. 1993).
“42 Pa.C.S. § 2154. The Superior Court held that a prior record score should not include a prior offense unless the prior offense resulted in a conviction before the commission of the later offense.”
— 42 Pa. Cons. Stat. § 2154(b) — 7 cases
— 42 Pa. Cons. Stat. § 2154(f) — 2 cases
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