(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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 21 - Judicial Boards and Commissions
Section 2101 - Judicial Conduct Board
Section 2102 - Composition of board
Section 2104 - Staff and operations
Section 2105 - Powers and duties
Section 2106 - Official immunity
Section 2121 - Jury selection commissions
Section 2122 - Composition of jury selection commissions
Section 2123 - Expenses, staff and quarters
Section 2124 - Powers and duties
Section 2131 - Minor Judiciary Education Board
Section 2132 - Composition of board
Section 2135 - Powers and duties
Section 2141 - Boards of viewers
Section 2142 - Composition of boards
Section 2144 - Powers and duties
Section 2151 - Pennsylvania Commission on Sentencing (Repealed)
Section 2152 - Composition of commission
Section 2153 - Powers and duties of commission
Section 2154 - Adoption of guidelines for sentencing
Section 2154.1 - Adoption of guidelines for restrictive conditions
Section 2154.2 - Adoption of guidelines for State intermediate punishment (Repealed)
Section 2154.3 - Adoption of guidelines for fines
Section 2154.4 - Adoption of guidelines for resentencing
Section 2154.5 - Adoption of guidelines for parole
Section 2154.6 - Adoption of recommitment ranges following revocation of parole by board
Section 2154.7 - Adoption of risk assessment instrument