§ 2154.7. Adoption of risk assessment instrument.

263 words·~1 min read·/pa/title-42/chapter-21/2154-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

42c2154.7v

(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.

42c2155s