§ 303.14. Guideline sentence recommendationseconomic sanctions.
(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 offenders 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 2 75 hours-100 hours iv. PRS 3 100 hours-125 hours v. PRS 4 125 hours-150 hours vi. PRS 5 150 hours-175 hours
(B) OGS 2
i. PRS 0 25 hours-50 hours ii. PRS 1 75 hours-100 hours iii. PRS 2 100 hours-125 hours iv. PRS 3 125 hours-150 hours v. PRS 4 150 hours-175 hours
(C) OGS 3
i. PRS 0 50 hours-75 hours ii. PRS 1 150 hours-175 hours iii. PRS 2 225 hours-250 hours iv. PRS 3 300 hours-325 hours
(D) OGS 4
i. PRS 0 100 hours-125 hours ii. PRS 1 225 hours-250 hours iii. PRS 2 300 hours-325 hours
(E) OGS 5
i. PRS 0 225 hours-250 hours
(b) Costs and fees.
(1) Costs and fees shall be added to any guideline sentence, as required by law. Relevant statutes include but are not limited to:
(i) 18 P. S. § 11.1101 (relating to Crime Victims Compensation Fund and Victim Witness Services Fund costs)
(ii) 18 P. S. § 11.1102 (relating to costs of offender supervision programs)
(iii) 42 Pa.C.S. § 1725.3 (relating to criminal laboratory user fees)
(iv) 42 Pa.C.S. § 9721(c.1) (relating to mandatory payment of costs)
(v) 42 Pa.C.S. § 9728(b.2) (relating to mandatory payment of costs)
(2) Costs and fees, in addition to those required by law, 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)
(ii) 42 Pa.C.S. § 1725 (relating to establishment of fees and charges)
(iii) 42 Pa.C.S. § 1725.1 (relating to costs)
(iv) 42 Pa.C.S. § 1725.2 (relating to assumption of summary conviction costs by county)
(v) 42 Pa.C.S. § 1726.1 (relating to forensic exam costs for sexual offenses)
(vi) 42 Pa.C.S. § 1726.2 (relating to criminal prosectutions involving domestic violence)
(vii) 42 Pa.C.S. § 9728(g) (relating to costs, etc.)
(1) Restitution shall be added to any guideline sentence, as required 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 Pa.C.S. § 1107.1 (relating to restitution for identity theft)
(iv) 18 Pa.C.S. § 1110 (relating to restitution for cleanup of clandestine laboratories)
(v) 18 P. S. § 11.1302 (relating to restitution to the Office of Victim Services)
(vi) 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)).
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; amended June 26, 2015, effective September 25, 2015, 45 Pa.B. 3457. Immediately preceding text appears at serial pages (373314) to (373317).
Notes of Decisions
Imposition of Fine
A defendants 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).
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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