§ 2155. Publication of guidelines for sentencing, resentencing and parole, risk assessment
instrument and recommitment ranges following revocation.
(a) General rule.--The commission shall:
(1) Prior to adoption, publish in the Pennsylvania Bulletin all proposed sentencing guidelines,
resentencing guidelines following revocation of probation, guidelines for restrictive
conditions of probation, parole guidelines, risk assessment instrument and recommitment
ranges following revocation by the board of paroles granted, and hold public hearings
not earlier than 30 days and not later than 60 days thereafter to afford an opportunity
for the following persons and organizations to testify:
(i) Pennsylvania District Attorneys Association.
(ii) Chiefs of Police Associations.
(iii) Fraternal Order of Police.
(iv) Public Defenders Organization.
(v) Law school faculty members.
(vi) Pennsylvania Parole Board.
(vii) Department of Corrections.
(viii) Pennsylvania Bar Association.
(ix) Pennsylvania Wardens Association.
(x) Pennsylvania Association on Probation, Parole and Corrections.
(xi) Pennsylvania Conference of State Trial Judges.
(xii) Any other interested person or organization.
(2) Publish in the Pennsylvania Bulletin sentencing guidelines, resentencing guidelines
following revocation of probation, county intermediate punishment and State intermediate
punishment, parole guidelines, risk assessment instrument and recommitment ranges
following revocation by the board of paroles granted as adopted by the commission.
(b) Rejection by General Assembly.--Subject to gubernatorial review pursuant to section 9 of Article III of the Constitution
of Pennsylvania, the General Assembly may by concurrent resolution reject in their
entirety any guidelines, risk assessment instrument or recommitment ranges adopted
by the commission within 90 days of their publication in the Pennsylvania Bulletin
pursuant to subsection (a)(2).
(c) Effective date.--
(1) Sentencing guidelines, resentencing guidelines following revocation of probation,
county intermediate punishment and State intermediate punishment, parole guidelines,
risk assessment instrument and recommitment ranges following revocation by the board
of paroles granted, adopted by the commission shall become effective 90 days after
publication in the Pennsylvania Bulletin pursuant to subsection (a)(2) unless disapproved
pursuant to subsection (b) and shall apply to sentences and resentences and parole
decisions made after the effective date of the guidelines.
(2) If not disapproved, the commission shall conduct training and orientation for trial
court judges and board members prior to the effective date of the guidelines, risk
assessment instrument and recommitment ranges.
(July 10, 1980, P.L.513, No.106, eff. imd.; Mar. 22, 1988, P.L.240, No.26, eff. imd.;
Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff.
60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment. Act 59 amended subsec. (a)(1) intro. par. and (vi).
1988 Amendment. See section 2 of Act 26 in the appendix to this title for special provisions relating
to legislative review of sentencing guidelines.
Cross References. Section 2155 is referred to in section 9721 of this title.
Notes of Decisions
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
· cites it 24× “§ 1385 (relating to publication of guidelines for sentencing) [repealed; see, now, 42 Pa.C.S. § 2155], when any person is convicted in any court of this Commonwealth of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, robbery,…”
Commonwealth v. Sessoms, 532 A.2d 775 (Pa. 1987).
· cites it 8× “*369 42 Pa.C.S. § 2155(b), (c). The appellant challenges the General Assembly's ability to thus retain the power of rejection of the Commission's work-product by concurrent resolution.”
Commonwealth v. Bradley, 834 A.2d 1127 (Pa. 2003).
· cites it 2× “[6] See 42 Pa.C.S. § 2155(b) ("Subject to gubernatorial review pursuant to section 9 of Article III of the Constitution of Pennsylvania, the General Assembly may by concurrent resolution reject in their entirety any guidelines adopted by the commission.”
Commonwealth v. Tilghman, 531 A.2d 441 (Pa. 1987).
· cites it 4× “However, 42 Pa.C.S. § 2155 provided that the guidelines would become law if not rejected by concurrent legislative resolution within 90 days of their submission.”
Commonwealth v. Hackenberger, 836 A.2d 2 (Pa. 2003).
· cites it 2× “[9] Although the Sentencing Commission ("the Commission"), rather than the General Assembly itself, directly adopts the Sentencing Guidelines ("the Guidelines") and thus they are not statutes per se, the Guidelines nevertheless retain a legislative character, as the General…”
Commonwealth, Aplt. v. Smith, J., 186 A.3d 397 (Pa. 2018).
· cites it 2× “Because the Sentencing Guidelines are quasi-legislative in nature, see 42 Pa.C.S. § 2155 ; Commonwealth v. Sessoms , 516 Pa.”
Commonwealth v. Anderson, 450 A.2d 1011 (Pa. Super. Ct. 1982).
“Section 5 of Act 319 is set forth in notes following 42 Pa.C.S. § 2155 and 42 Pa.C.S. § 9721. 3 .”
Commonwealth v. Tomasso, 457 A.2d 514 (Pa. Super. Ct. 1983).
· cites it 2× “1316, 42 Pa.C.S. § 2155 (note), which recommended a sentence of "not less than four years imprisonment" for a second conviction of robbery.”
Wolf., T. v. Scarnati, J. (Pa. 2020).
· cites it 2× “2d at 776 -77 (quoting the version of 42 Pa.C.S. § 2155(b) then in effect22). We interpreted Section 2155(b) to require presentment even though that provision did not mention the Governor.”
Commonwealth v. Cochran, 32 Pa. D. & C.3d 526 (1984).
· cites it 4× “It is urged however, that the guidelines themselves became law without compliance with these sections; that the legislative veto contained in Sections (b) and (c) of 42 Pa. C.S. §2155 is unconstitutional; that the legislature could not delegate its lawmaking power to the…”
Commonwealth v. DeArment, 31 Pa. D. & C.3d 482 (1984).
“42 Pa. C.S. §2155. Section 9721 of the sentencing code sets forth the general considerations, alternatives and requirements governing the courts in determining the sentence to be imposed in criminal cases.”
— 42 Pa. Cons. Stat. § 2155(a)(1) — 1 case
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
“§ 1385 (relating to publication of guidelines for sentencing) [repealed; see, now, 42 Pa.C.S. § 2155], when any person is convicted in any court of this Commonwealth of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, robbery,…”
— 42 Pa. Cons. Stat. § 2155(a)(2) — 1 case
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
“§ 1385 (relating to publication of guidelines for sentencing) [repealed; see, now, 42 Pa.C.S. § 2155], when any person is convicted in any court of this Commonwealth of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, robbery,…”
— 42 Pa. Cons. Stat. § 2155(a)(3) — 1 case
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
“§ 1385 (relating to publication of guidelines for sentencing) [repealed; see, now, 42 Pa.C.S. § 2155], when any person is convicted in any court of this Commonwealth of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, robbery,…”
— 42 Pa. Cons. Stat. § 2155(b) — 4 cases
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
“§ 1385 (relating to publication of guidelines for sentencing) [repealed; see, now, 42 Pa.C.S. § 2155], when any person is convicted in any court of this Commonwealth of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, robbery,…”
Commonwealth v. Sessoms, 532 A.2d 775 (Pa. 1987).
“*369 42 Pa.C.S. § 2155(b), (c). The appellant challenges the General Assembly's ability to thus retain the power of rejection of the Commission's work-product by concurrent resolution.”
Commonwealth v. Bradley, 834 A.2d 1127 (Pa. 2003).
“[6] See 42 Pa.C.S. § 2155(b) ("Subject to gubernatorial review pursuant to section 9 of Article III of the Constitution of Pennsylvania, the General Assembly may by concurrent resolution reject in their entirety any guidelines adopted by the commission.”
Wolf., T. v. Scarnati, J. (Pa. 2020).
“2d at 776 -77 (quoting the version of 42 Pa.C.S. § 2155(b) then in effect22). We interpreted Section 2155(b) to require presentment even though that provision did not mention the Governor.”
— 42 Pa. Cons. Stat. § 2155(c) — 3 cases
Commonwealth v. Sessoms, 532 A.2d 775 (Pa. 1987).
“*369 42 Pa.C.S. § 2155(b), (c). The appellant challenges the General Assembly's ability to thus retain the power of rejection of the Commission's work-product by concurrent resolution.”
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
“§ 1385 (relating to publication of guidelines for sentencing) [repealed; see, now, 42 Pa.C.S. § 2155], when any person is convicted in any court of this Commonwealth of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, robbery,…”
Commonwealth v. Cochran, 32 Pa. D. & C.3d 526 (1984).
“It is urged however, that the guidelines themselves became law without compliance with these sections; that the legislative veto contained in Sections (b) and (c) of 42 Pa. C.S. §2155 is unconstitutional; that the legislature could not delegate its lawmaking power to the…”
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