§ 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 part of a county intermediate punishment sentence or as a non-confinement sentencing alternative (see restorative sanction §  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

       (A)   OGS 1

i. PRS 0 25 hours-50 hours
ii. PRS 1 50 hours-75 hours
iii. PRS 275 hours-100 hours
iv. PRS 3100 hours-125 hours
v. PRS 4125 hours-150 hours
vi. PRS 5150 hours-175 hours

       (B)   OGS 2

i. PRS 0 25 hours-50 hours
ii. PRS 175 hours-100 hours
iii. PRS 2100 hours-125 hours
iv. PRS 3 125 hours-150 hours
v. PRS 4 150 hours-175 hours

       (C)   OGS 3

i. PRS 050 hours-75 hours
ii. PRS 1 150 hours-175 hours
iii. PRS 2225 hours-250 hours
iv. PRS 3 300 hours-325 hours

       (D)   OGS 4

i. PRS 0100 hours-125 hours
ii. PRS 1225 hours-250 hours
iii. PRS 2 300 hours-325 hours

       (E)   OGS 5

i. PRS 0225 hours-250 hours

 (b)  Costs and fees.

   (1)  Costs and fees 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)   18 P. S. §  11.1101 (relating to Crime Victim’s Compensation Fund costs)

     (iii)   18 P. S. §  11.1102 (relating to costs of offender supervision programs)

     (iv)   42 Pa.C.S. §  1725 (relating to fees and charges)

     (v)   42 Pa.C.S. §  1725.1 (relating to costs)

     (vi)   42 Pa.C.S. §  1725.2 (relating to costs of summary convictions)

     (vii)   42 Pa.C.S. §  1725.3 (relating to criminal laboratory user fees)

     (viii)   42 Pa.C.S. §  1726.1 (relating to forensic exam)

     (ix)   42 Pa.C.S. §  1726.2 (relating to criminal prosecution involving domestic violence)

     (x)   42 Pa.C.S. §  9728(c) (relating to costs, etc.)

 (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 P. S. §  11.1302 (relating to restitution to the Office of Victim Services)

     (iv)   42 Pa.C.S. §  9720.1 (relating to identity theft)

     (v)   42 Pa.C.S. §  9721(c) (relating to mandatory restitution)

   (2)  Restitution may be imposed as a direct sentence or as a condition of probation or intermediate punishment, and is considered a non-confinement sentencing alternative (see restorative sanction §  303.9(f)).

Source

   The provisions of this §  303.14 adopted February 15, 1994, effective August 12, 1994, 24 Pa.B. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa.B. 1252 amended February 9, 2005, effective June 3, 2005, 35 Pa.B. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa.B. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa.B. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa.B. 3655. Immediately preceding text appears at serial pages (364239) to (363241).

Notes of Decisions

   Imposition of Fine

   A defendant’s contention that the court imposed a $5,000 fine because the cash was related to crime and that he, therefore, can only be deprived of it through forfeiture proceedings, was without merit, where it is entirely appropriate for a court to impose a fine designed to exhaust assets used in the commission of an offense and, in fact, the Sentencing Guidelines require the court to consider imposing such a fine in certain instances. Commonwealth v. Lebo, 713 A.2d 1158 (Pa. Super. 1998); appeal denied 737 A.2d 741 (Pa. 1999).

Cross References

   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 §  303.11 (relating to guideline recommendation: sentencing levels); and 204 Pa. Code §  303.13 (relating to guideline sentence recommendations: aggravated and mitigated circumstances).



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