Changes set to take effect at the beginning of next year will bring changes to how judges in Pennsylvania sentence those convicted of crimes.

Barring a concurrent resolution rejecting them passing both houses of the state General Assembly, new sentencing guidelines will take effect Jan. 1, 2024. The guidelines follow a decade-long review by the Pennsylvania Commission on Sentencing.

Sentencing guidelines are formulated through a combination of offense gravity score, which reflects the seriousness of the crime; prior record score, which takes into account not only number of prior convictions but also the severity of those convictions; and aggravating and mitigating circumstances. Sentences are calculated on a matrix, with offense gravity scores being used as a base and prior record scores and mitigating factors increasing or reducing the recommended sentence. The new guidelines would make changes to the recommendations for all three determining factors.

Current sentencing guidelines include 14 general offense gravity scores and an additional score for first and second degree murder counts. The new guidelines would expand this to 36 general offense gravity scores with six additional scores for first and second degree murder.

Base sentences based on offense gravity score alone under both sets of guidelines range from restorative sanctions, such as fines and community service, through probation and county-level confinement, and up to state confinement, life sentences and the death penalty.

Under current guidelines, there are eight prior record scores, including one for repeat felony offenders and another for revocation of parole. The new guidelines would replace this with only four categories: no prior offenses or zero, low, medium and high, which would include repeat felony offenses and revocations.

The changes to prior record scores include provisions for lapsing of consideration of prior offenses if an individual has remained crime free for a significant period. If an individual has not committed a crime in ten or more years, previous misdemeanor and ungraded or third degree felonies are removed from consideration. If an individual has not committed a crime within 15 years, all offenses except crimes of violence are removed from consideration. At 25 years without committing a crime, all prior offenses are removed from consideration. Rules governing juvenile prior offenses would also change. Crimes committed before an individual turned 14 and second and third degree misdemeanors will no longer be considered. At age 21, the guidelines exclude first degree misdemeanors and ungraded and third degree felonies. At the age of 25, first and second degree felonies would no longer be considered with the exception of crimes of violence. If an individual has been crime free for ten years, all juvenile convictions are removed from consideration.

Aggravating and mitigating factor ranges – which reflect things like particularly heinous circumstances or cooperation with law enforcement after the fact – would rise from the existing four levels to seven. Currently, depending on level, aggravating and mitigating factors can increase or decrease a sentence by three, six, nine or 12 months. Under new guidelines, sentences can be adjusted by 25 hours of community service, six months probation,; and two, four, six, 12 or 24 months incarceration depending on offense level.

While Pennsylvania judges don’t have to follow official sentencing guidelines, they act as a reference giving a range that is more likely to be upheld if a sentence is appealed.