Current through Register Vol. 54, No. 16, April 20, 2024
Section 303.14 - Guideline sentence recommendations- economic sanctions(a)Fines. (1) Fines may be added to any guideline sentence, as authorized by law. Relevant statutes include but are not limited to:(i)18 Pa.C.S. § 1101 (relating to fines)(ii)35 P.S. § 780-113(b)-(o) (relating to controlled substances)(iii)42 Pa.C.S. § 9726 (relating to fine as a sentence)(iv)42 Pa.C.S. § 9758 (relating to imposition of a fine)(v)75 Pa.C.S. § 3804 (relating to fines for DUI)(2) A fine, within the limits established by law, shall be considered by the court when the offender is convicted of 35 P.S. § 780-113(a)(12), (14) or (30), and the drug involved is any of the following: a controlled substance or counterfeit substance classified in Schedule I or II and which is a narcotic; phencyclidine, methamphetamine, or cocaine, including the isomers, salts, compounds, salts of isomers, or derivatives of phencyclidine, methamphetamine, or cocaine; or is in excess of one thousand pounds of marijuana. Such fine shall be of an amount that is at least sufficient to exhaust the assets utilized in, and the proceeds obtained by the offender from, the illegal possession, manufacture, or distribution of controlled substances. Such fine shall not include assets concerning which the attorney for the Commonwealth has filed a forfeiture petition or concerning which he has given notice to the court of his intent to file a forfeiture petition.(3) Fines may be utilized as a condition of probation (see non-confinement sentence recommendations § 303.9(f)).(4)Fines/Community Service Guidelines. The following guidelines shall be considered by the court when ordering fines or community service as a Restorative Sanction without confinement. Community service, when ordered, is imposed as a condition of probation. A fine, when ordered, is imposed as a non-confinement sentencing alternative or as a condition of probation. The fines guidelines are determined by multiplying the number of hours recommended by the offender's hourly wage or the current minimum wage, whichever is higher, but may not exceed the statutory maximum fine authorized by law (i)OGS 1(A) PRS 0 25 hours-50 hours(B) PRS 1 50 hours-75 hours(C) PRS 2 75 hours-100 hours(D) PRS 3 100 hours-125 hours(E) PRS 4 125 hours-150 hours(F) PRS 5 150 hours-175 hours(ii)OGS 2(A) PRS 0 25 hours-50 hours(B) PRS 1 75 hours-100 hours(C) PRS 2 100 hours-125 hours(D) PRS 3 125 hours-150 hours(E) PRS 4 150 hours-175 hours(iii)OGS 3(A) PRS 0 50 hours-75 hours(B) PRS 1 150 hours-175 hours(C) PRS 2 225 hours-250 hours(D) PRS 3 300 hours-325 hours(iv)OGS 4(B) PRS 1 225 hours-250 hours(C) PRS 2 300 hours-325 hours(v)OGS 5(A) PRS 0 225 hours-250 hours(b)Costs and fees. (1) Costs and fees shall be added to any guideline sentence, as required by law. Relevant statutes include but are not limited to:(i)18 P.S. § 11.1101 (relating to Crime Victim's Compensation Fund costs)(ii)18 P.S. § 11.1102 (relating to costs of offender supervision programs)(iii)42 Pa.C.S. § 1725.3 (relating to criminal laboratory user fees)(iv)42 Pa.C.S. § 9721(c.1) (relating to mandatory payment of costs)(v)42 Pa.C.S. § 9728(b.2) (relating to mandatory payment of costs)(2) Costs and fees, in addition to those required by law, may be added to any guideline sentence, as authorized by law. Relevant statutes include but are not limited to: (i)18 Pa.C.S. § 1109 (relating to costs of any reward)(ii)42 Pa.C.S. § 1725 (relating to establishment of fees and charges)(iii)42 Pa.C.S. § 1725.1 (relating to costs)(iv)42 Pa.C.S. § 1725.2 (relating to assumption of summary conviction costs by county)(v)42 Pa.C.S. § 1726.1 (relating to forensic exam costs for sexual offenses)(vi)42 Pa.C.S. § 1726.2 (relating to criminal prosecution involving domestic violence)(vii)42 Pa.C.S. § 9728(g) (relating to costs, etc.)(3) Costs and fees, in addition to those required by law, shall be considered by the court pursuant to the Domestic Violence Enhancement (§ 303.9(o)), as authorized by law.(c)Restitution(1) Restitution shall be added to any guideline sentence, as authorized by law. Relevant statutes include but are not limited to:(i)18 Pa.C.S. § 1106 (relating to injuries to person or property)(ii)18 Pa.C.S. § 1107 (relating to theft of timber)(iii)18 Pa.C.S. § 1107.1 (relating to restitution for identity theft)(iv)18 Pa.C.S. § 1110 (relating to restitution for cleanup of clandestine laboratories) (iii)18 P.S. § 11.1302 (relating to restitution to the Office of Victim Services)(v)42 Pa.C.S. § 9721(c) (relating to mandatory restitution)(2) Restitution may be imposed as a direct sentence and/or as a condition of probation, and is considered a non-confinement sentence recommendation (see § 303.9(f)).The provisions of this § 303.14 adopted February 15, 1994, effective 8/12/1994, 24 Pa.B. 2483; amended March 14, 1997, effective 6/13/1997, 27 Pa.B. 1252 amended February 9, 2005, effective 6/3/2005, 35 Pa.B. 1508; amended September 5, 2008, effective 12/5/2008, 38 Pa.B. 4971; amended September 13, 2012, effective 12/28/2012, 42 Pa.B. 6072; amended June 6, 2013, effective 9/27/2013, 43 Pa.B. 3655; amended June 26, 2015, effective 9/25/2015, 45 Pa.B. 3457; amended September 6, 2019, effective 1/1/2020, 49 Pa.B. 5110; amended September 25, 2020, effective 1/1/2021, 50 Pa.B. 5341. This section cited in 204 Pa. Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Code § 303.9 (relating to guideline sentence recommendation: general); 204 Pa. Code § 303.13 (relating to guideline sentence recommendations: aggravated and mitigated circumstances); 204 Pa. Code § 303.16(a) (relating to Basic Sentencing Matrix); and 204 Pa. Code § 307.4 (relating to guideline resentence recommendations).