§ 303.6. Prior Record Score—prior juvenile adjudications.

 (a)  Juvenile adjudication criteria. Prior juvenile adjudications are counted in the Prior Record Score when the following criteria are met:

   (1)  The juvenile offense occurred on or after the offender’s 14th birthday, and

   (2)  There was an express finding by the juvenile court that the adjudication was for a felony or one of the Misdemeanor 1 offenses listed in §  303.7(a)(4).

 (b)  Only the most serious juvenile adjudication of each prior disposition is counted in the Prior Record Score. No other prior juvenile adjudication shall be counted in the Prior Record Score.

 (c)  Lapsing of juvenile adjudications. Prior juvenile adjudications for four point offenses listed in §  303.7(a)(1) shall always be included in the Prior Record Score, provided the criteria in subsection (a) above are met:

   (1)  All other juvenile adjudications not identified above in subsection (a) lapse and shall not be counted in the Prior Record Score if:

     (i)   The offender was 28 years of age or older at the time the current offense was committed; and

     (ii)   The offender remained crime-free during the ten-year period immediately preceding the offender’s 28th birthday.

     (iii)   Crime-free. Included in the definition of crime-free is any summary offense and/or one misdemeanor offense with a statutory maximum of one year or less.

   (2)  Nothing in this section shall prevent the court from considering lapsed prior adjudications at the time of sentencing.

Source

   The provisions of this §  303.6 amended July 5, 1986, and applies to sentences for crimes committed after January 1, 1986, 15 Pa.B. 2447; as announced at 16 Pa.B. 439 (February 15, 1986). Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended December 4, 1987, effective April 25, 1988, 18 Pa.B. 1916; amended 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 (364221) to (364222).

Cross References

   This section cited in 204 Pa. Code §  303.2 (relating to procedure for determining the guideline sentence); and 204 Pa. Code §  303.4 (relating to Prior Record Score—categories).



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