October 22, 2013
PCCD CJAB Conference
Days Inn, State College
County Intermediate Punishment
Sentencing
Helene Placey
PA Commission on Sentencing
http://pasentencing.us
1
Sentencing Alternatives
Alternatives found at 42 Pa.C.S. §9721
 Guilt without further penalty
 Fine
 Restitution
 Order of Probation
 County Intermediate Punishment
 Partial Confinement
 Total Confinement
 State Intermediate Punishment
2
County IP Sentencing

County Intermediate Punishment






Definitions and eligibility: 42 Pa.C.S. §9802
Conviction which would otherwise result in
sentence to county correctional facility
Does not demonstrate present or past violent
behavior (ineligible offenses)
Otherwise be sentenced to confinement
Maximum term (flat sentence)
Combination of RIP & RS components
3
County IP Sentencing


Restrictive IP Programs (RIP)

House offender full or part time

Significantly restrict movement & monitor
compliance

Comply with PCCD’s minimum standards
Restorative Sanctions Programs (RS)

No confinement or housing

Least restrictive in terms of constraint of liberties

Focuses on restoring victim to pre-offense status
4
County IP Sentencing

County IP eligible for Certain Offenses
w/ mandatory requirement

DUI
First, Second or Third offense
 Qualified RIP’s




Driving Under Suspension (DUI related)
Operating Watercraft Under the Influence
Illegally Operating Motor Veh. Not Equipped
w/ Ignition Interlock – BAC .025 or greater
5
Sentencing Guidelines

Sentence Recommendation

Sentencing guidelines provide minimum
sentence recommendations (range of
months)
Intended to apply to typical case

Based on combination of:



Offense Gravity Score (OGS)

Prior Record Score (PRS)
PCS targets levels 3 & 4 for CIP sentences
6
Sentencing Levels
 Level 5
State Sentence/State Facility
(SIP)
 Level 4
State Sentence/County Facility
(CIP/SIP)
 Level 3
County Sentence/County Facility
(CIP)
 Level 2
County Sentence/County Facility
or Non-confinement
 Level 1
Non-confinement
7
County IP Sentencing

County IP at Level 3 or Level 4


Drug & Alcohol Assessment/Evaluation required
at Level 3 or 4 (prior to sentence)
If assessed dependent, judge should impose
sentence based on prescribed:
Level of care
 Length of stay


If not dependent, court may still impose County
IP (1 day incarceration = 1 day RIP)
8
Questions

Helene Placey





Sentencing Policy Specialist
Eastern PA
HJP3@psu.edu
(717) 772-4122
Carrie Peters




Sentencing Policy Specialist
Western PA
CarrieP@psu.edu
(814) 863-5204
9