Adams County

Department of

Intermediate

Punishment Program

Pennsylvania Commission on Sentencing

303.16(a). Basic Sentencing Matrix.

Level
OGS

7th Edition Amendment (09/27/2013)

Prior Record Score
RFEL

Example Offenses
Murders

REVOC

AGG/MIT ~/-12

14

Inchoate Murder (SBI) Rape (victim <13 yrs) Inchoate Murder (No SBI)

7Z-SL

84-SL

96-SL

X20-SL

168-SL

192-SL

204-SL

SL

13

Weapons Mass Destr-Use

60-78

66-84

72-90

78-96

84-102

96-114

108-126

240

+/-12

PWIDCocaine (>1,000 g)
Rape-Forcible Compulsion
12

IDSI-Forceible Compulsion

48-66

54-72

60-78

66-84

72-90

84-102

96-114

120

+/-12

Robbery-lnfllces SBI
LEVEL 5 State (near 11

Agg Assault-Cause SBI Voluntary Manslaughter

Sexual Assault

36-54

42-60
BC

48-66

54-72

60-78

72-90

84-102

120

+/-12

10

PWID Cocaine (100-1,000 g) Kidnapping Agg Indecent Assault F2 Arson-Person in Building Hom by Vehicle-DUl & Work Zone

22-36

30-42

36-48 42-54
48-60

60-72

72-84

120

+/-12

BC

BC

BC

PWID Cocaine(50-<100 g)
Sexual Exploitation of Children Robbery-Commit/Threat F1/F2 Burglary-Home/Person Present Arson-No Person in Building Agg Assault -Cause Blw/D\N Theft (Firearm) Identity theft (3rd/+ & Vic>=60 yrs) 8 (Fl) Hom by Veh-DUl or Work Zone Theft (>$100,000) PWID Cocaine (10-<50 g)
Robbery-lntllcts/Threatens Bl
12-24 BC 18-30 BC 24-36 BC 30-42 BC 36-48

48-60
BC

60-72

120

+/-12

LEVEL 4

State

9-16 BC

12-18 BC

15-21 BC

18-24 BC

21-27
BC

27-33

Incar/
RIP

40-52 BC

NA

+/-9

trade

LEVEL 3

Burglary-Home/No Person Present 7 Statutory Sexual Assault (F2) Theft (>S50,000-S100,000) Identity Theft (3rd/subq)
PWID Cocaine {5-<10 g)

6-14 BC

9-16
BC

12-18 BC

15-21
BC

18-24 BC

24-30 BC

35-45
NA

+/-6

BC

State/
Cnty
Incar RIP

Agg Assault-Cause Fear of SBI Homicide by Vehicle Burglary-Not a Home/Person Prsnt

3-12 BC

6-14 BC

9-16
BC

12-18
BC

15-21

21-27 BC

27-40
NA BC

Theft (>S25,000-S50,000)
Arson-Endanger Property

+/-6

trade

BC

PWID Cocaine (2<5 g)

Burglary F2

LEVEL
2

Theft (>$2000-S25,000) (F3) Bribery PWID Marij(l-<10 lbs)

5

1-12

3-14 BC

6-16

9-16 BC

12-18

24-36 NA BC

RS-9 BC BC BC

+/-3

Indecent Assault M2

Cnty
Incar RIP RS

Forgery (Money, Stocks) Weapon on School Property Crim Trespass F2 Simple Assault-Attempt/Cause Bl Theft ($200-$20GO) (Ml) Carrying Explosives
3

3-14

6-16 BC

9-16
BC

21-30 NA
BC

RS-3

RS-9

RS-<12 BC

+/-3

3-14 RS-1

6-16 BC

12-18

RS-6

RS-9

RS-<12
BC BC

NA

-I-/-3

Simple Possession
2 LEVEL 1 RS

(M2) Bad Checks (5500-<51,000)

1

Theft ($50-<$200) Retail Theft (lst/2nd Offense)

RS

RS-2

RS-3

RS-4

RS-6

1-9

6-<12

NA

+/-3

MostMisd.3's;Theft(<$50) DUI (M) (M3) Poss Small Amount Marij

RS

RS-1

RS-2

RS-3

RS-4

RS-6

3-6

NA

+/-3

1. Designated areas of the matrix indicate restrictive intermediate punisliments may be imposed as a substitute tor Incarceration.

2. When restrictiveIntermediate punishments are appropriate, the duration of the restrictiveIntermediate punishment programsare recommended not to exceed the guidelineranges.
3. When the range Is RSthrough a number of months (e.g. RS-6), RIP may be appropriate.

4. Allnumbers in sentence recommendations suggest months of minimum confinement pursuant to 42 Pa.C.S.9755(b) and 9756(b). 5. Statutory classification (e.g., Fl, F2, etc.) in brackets reflect the omnibus OGSassignment for the given grade.
Key:

BC
CNTY
INCAR

=
=
=

boot camp
county
incarceration

RIP
RS
SBi

restrictive intermediate punishments

restorative sanctions

serious bodily injury

PWID REVOC
RFEL

s =
=

possession with intent to deliver repeat violent offender category

repeat felony 1 and felony 2 offender category

SL
<;>

statutory limit (longest minimum sentence) no recommendation (aggravated sentence would exceed statutory limit)
less than;greater than

Pennsylvania Commission on Sentencing

COUNTY INTERMEDIATE PUNISHMENT

The County Intermediate Punlshmenit Act was enacted by the legislature In December 1990

(Act 1990-193). Related legislation, Act 1990-201, amended theJudicial Code to provide judges with the authority tosentence defendants to county Intermediate punishment. Several changes have occurred since then (Act 2000-41, Act 2004-233, and Act 2012-122). County IP primarily targets offenders who
would otherwise be serving an individual or aggregate minimum sentence of confinement In a county

facility. Every sentence ofcounty intermediate punishment should Include oneor more restrictive intermediate punishment (RIP) programs aswell as a restorative sanctions (RS) component.
Procedure for sentencing offenders to County Intermediate Punishment

Counties using intermediate punishment must have anapproved County Intermediate

Punishment Plan on file with the Pennsylvania Commission on Crime and Delinquency, All

programs (both RIP and RS) must beincluded in the Plan and updated onan annual basis. The County IP Plan provides a mechanism to advise thecourt ofthe extent and availability of
services and programs authorized Inthe county.

^ The County IP Plan includes information onthe appropriate classification and use ofcounty
programs based on program-specific requirements.

TheSentencing Commission has classified countyintermediate punishment programs as Restrictive Intermediate Punishments (RIP) and restorativesanction programs(RS). Restorative

sanction programs are used in conjunction with RIP asthe level ofsupervision is reduced.
v' Restrictive Intermediate Punishments (RIP) either:
o house the offender full or part time; or

o significantly restrict the offender's movement and monitor the offender's compliance
with the program(s); or

o
^

Involve a combinationof programsthat meet the standards set forth above.

Restorative Sanction (RS) programs:

o are the last restrictive in terms of constraint of offender's liberties;

o do not involve housing of the offender(eitherfull or part time); and

o
^

focus on restoring the victim to pre-offense status.

Eligibility:

Aperson with a current conviction orwith a prior conviction within the pastten years ofany of
the following offenses is ineligible for a county intermediate punishment sentence: 18 Pa.C.S. 2502 (murder) 18 Pa.C.S. 3301 (arson)

18 Pa.C.S. 2503 (voluntary manslaughter) 18 Pa.C.S. 2702(aggravated assault) 18 Pa.C.S. 2703 (assault by prisoner) 18 Pa.C.S. 2704 (assaultbylife prisoner) 18 Pa.C.S. 2901(a) (kidnapping)

18Pa.C.S. 3502 (burglary, when graded as Fl) 18 Pa.C.S. 3701(robbery) 18Pa.C.S. 3923 (theft by extortion) 18 Pa.C.S. 4302(a) (incest) 18 Pa.C.S. 5121(escape)

18 Pa.C.S. 3122.1(a)(1) (statutory sexual assault)

URl: http://pasentendng.us

September2012
Page 1 of2

Pennsylvania Commission on Sentencing

A person who has been convicted or adjudicated delinquent of a crime requiring registration under42 Pa.CS. chapter97,subchapter H(relatjng to registration of sexual offenders) is
ineligible for a county intermediate punishment sentence.

^ The prosecuting attorney mayadvisethe court that the Commonwealth has elected to waive the eligibility requirementsifthe victim has been given noticeof the prosecutor'sintent to waive eligibility and an opportunity to be heardonthe issue. The court,after considering victim input, may refuse to accept the prosecutor's waiverof the eligibility requirements.
An offender at Level 4 or Level 3 shall have a diagnostic assessment of dependency on alcohol or

other drugs priorto sentencing to county intermediate punishment. Ifan offender isassessed to be dependent,the sentence shall be consistent with the level of care and length ofstay prescribed inthe treatment recommendation, regardless of the standard range ofsentencing
guideline recommendation.

An offender assessed as not in need of drug or alcohol treatment may be sentenced to county

intermediate punishment. Each day of participation ina RIP program or combination ofRIP programs shall be considered the equivalent ofone dayof total confinement.

Any person convicted ofdriving while operating privilege is suspended or revoked is eligible for
a county intermediate punishment sentence.

Driving After Imbibing Alcohol or Utilizing Drugs

^ Any person convicted ofdriving afterimbibing alcohol or utilizing drugs iseligible fora county intermediate punishment sentence fora first, second or third offense. The individual must first undergo a drug and alcohol assessment. If the defendant is determined to be in need ofdrug
and alcohol treatment, a sentence to countyintermediatepunishmentshall include

participation indrug andalcohol treatment. Such treatmentmay becombined with house

arrest with electronicsurveillance or partialconfinement programsuch as work release.
Ifthe defendant is determined not to be in need of drug and alcoholtreatment, the defendant mayonlybe sentenced to county intermediate punishment in:
o House arrest and electronic surveillance;

Partial confinement such as work release, work camp, and halfway facilities; or

Any combinationof the programs above.

Revocation of County Intermediate Punishment Sentence

Upon revocation, all sentencing alternatives available to the courtare the same as the
alternatives available at the time of initial sentencing.

Upon revocation, the District Attorney may file notice, at any time prior to resentencing, ofthe
Commonwealth's intention to proceed under an applicable provision of the law requiring a
mandatory minimum sentence.

The court shall not revoke or increase the conditions of a sentence of county intermediate

punishment without a hearing. Ahearing is notrequired to decrease the conditions ofthe

sentence.

URL: http://pasentencing.us

September 2012
Page 2 of2

Post Plea Intake process

This process will only apply to those cases pled to a maximum greater than 6 months and are
not Level 5 or probable SCI sentences.

1. Defendant enters plea / or found guilty by verdict of court/jury

2. Defendant provided Intake Packet and instructed to report to DPS/ 3"^^ floor
3. Defendant provided with Intake appt. and if IP eligible/considered
a. D&A eval. appt. (with contracted in-house provider)
4. Intake conducted at DPS

a. LSCMI assessment completed

b. Finger-printed (if not previously accomplished via MDJ/ arresting

agency)

c. Pre-sentence investigation completed if ordered/ requested

d. Verified credit calculation

5. Drug and Alcohol evaluation completed a. Evaluation / recommended treatment response returned to DPS b. Level of Care recommended integrated into sentence conditions
and/or ISP

6. Court Assessments Summary prepared and distributed to the court related

parties by DPS

(1 week prior to scheduled sentencing)

Adams County Intermediate Punishment Program Guidelines

Who qualifies for Adams Co. IP?
Level 2, 3 or 4 offender per PASentencing guidelines and would otherwise be sentenced to
incarceration

Does not have present or past violent behavior (ineligible offense as defined under Title 42 Pa. C.S.A. 9721) Has not been convicted of a crime requiring sex offender registration (under the provisions of Title 42 Pa. C.S. Chapter 97, subchapter H)

Is not being sentenced on l'* offense DUI or 2"'' offense DUI (Tier 1)- with maximum ofonly 6
months

Has completed required Drug and alcohol evaluation

Has not previously received an IP sentence for current offense (no re-sentences to IP)

What will an Adams Co. IP sentence consist of? Must be comprised of both a Restrictive Portion and Restorative portion (no longer Phase
breakdown)

Restrictive portions will be made up of the following forms of restrictive custody or any combination thereof (not to exceed 18 months);
o Re-entry

Electronic Monitoring/ House Arrest

o Inpatient Treatment facility (ifarrangements are in place at time of sentencing) Required fees for EM/HA of $15.00 hook-up; $10.00 daily w/ Alcohol Monitoring Devices
additional

Credit days will only be applied to restrictive portion of sentence.

Unless otherwise stated the Restrictive portion will be divided 2/3 Re-entry 1/3 EM/HA

Short term DUI sentences

offense and 2""^ Tier 1) will no longer be placed on

Adams Co. Intermediate Punishment. New sentence formats have been developed for these and will consist of mandatory minimum

commitments directlyto the Re-entry BIdg. at the ACACC following a furlough period designated in sentence and completion of the Pre-Commitment Process by the defendant. Ifa pre-commitment packet and process is not completed the defendant will be committed to

the main facility of ACACC for the minimum portion of the sentence and may not be permitted
to participate in the work release program

These short term sentences for DUI will have automatic parole conditions unless the defendant;

o
o

Reports to the Re-entry building under the influence of alcohol or non-prescribed drugs
Receives a misconduct and is removed from the re-entry building during the short term

Adams County DPS /LSCMI Assessment Summary

Defendant

Current Charges:
7/24/89
Incarcerated : Y / N

DOB:

Assessment Date: 2/4/13

Very t
Low =

Low

1
3

Medium

^
t

High
1

Very
High

1 (

1
s

^
15

t-

30

j5

ip

]20

2.S

35

AO

A^

Total Score

Very Low
1.1 Criminal History

Low

Medium

High
I

Very High

[<7)
!{6)
1(4) ,(2)
(4) (6)

1.2 Education/Employment

1.3 Family/IVlarltal
1.4 Leisure/Recreation

1.5 Companions

1.6 Alcohol/Drug Problem

1.7 Procriminal Attitude/Orientation

1,8 Antisocial Pattern

I (3)

Assessment Summary:
AREAS OF CONCERN RELFECTED IN ASSESSMENT
RECOMMENDED

Education/ Employment

that the defendant participate in supplemental (GED)education

and aain full time employment

Family / Marital
Companions / Anti-social Patterns

that the defendant participate in and successfully complete an approved Cognitive Behavior counseling or education program. the immediate previous condition will also address this need.
Def. complete d&a assessment and treatment as
recommended

Drug & Alcohol

PRESENTED STABLE AND WAS COOPERATIVE DURING ASSESSMENT MR. HE IS CURRENTLY EMPLOYED AT JIFFY LUBE AND HAS 3 CHILDREN

HE IS NOT CURRENTLY UNDER ANY MEDICAL CARE, BUT INDICATES THAT HE IS ON PRESCRIBED
NARCOTIC MEDICATIONS FOR BACK PAIN

Credit:

The defendant should receive 10 days creditfor time previously served from (1-9-13 ) to (1-19-13) in the Adams County Adult Correctional Complex in relation to the above-noted charges .

IPP Eligibility Criteria

Per Title 42 Chapters 97 & 98
Defendant cannot have current or previous convictions for (Title 42 Pa. C.S.A. 9721)
18 Pa.C.S. 2502 (murder) 18 Pa.C.S. 3301 (arson) 18 Pa.C.S. 2503 (voluntary manslaughter) 18 Pa.C.S. 3502 (burglary, when graded as Fl) 18 Pa.C.S. 2702 (aggravated assault) 18 Pa.C.S. 3701 (robbery) 18 Pa.C.S. 2703 (assault by prisoner) 18 Pa.C.S. 3923 (theft by extortion) 18 Pa.C.S. 2704 (assault by life prisoner) 18 Pa.C.S. 4302(a) (incest) 18 Pa.C.S. 2901(a) (kidnapping) 18 Pa.C.S. 5121 (escape) 18 Pa.C.S. 3122.1(a)( 1) (statutory sexual assault)

A person who has beenconvicted or adjudicated delinquent of a crimerequiring registration under42 Pa.C.S. chapter 97, subchapter H (relating to registration of sexual offenders) is ineligible for a county intermediate punishment sentence.
if convicted of DUI or DUS/ DUI related/ defendant must undergo drug and alcohol

evaluation prior to sentencing; if determined through evaluation to be in needof drug and alcohol treatment the imposed IP sentence mustinclude participation in directed
treatment and house arrest/ electronic monitoring; partial confinement; or residential

treatment program or rehabilitative center; or halfway program ( satisfying mandatory

sentencing requirements of 75 Pa. C.S. 3815)

Defendant does not demonstrate a presentor past propensity for violent behavior (Title
42 Pa. C.S.A. 9721)

Defendant would otherwise be sentenced to period incarceration (Title 42 Pa. C.S.A. 9721) (Level 2,3 or 4 of PA Sentencing guidelines)

Per PA Sentencing Commission

TheDA may advise the court thatthe Commonwealth has elected to waive the eligibility requirements if the victim has been given notice of the DA's intent to waive eligibility andan opportunity to beheard on the issue. The court, after considering victim input,
may refuse to accept the DA's waiver ofthe eligibilityrequirements.
Defendant of Level 3 or 4 must have drug and alcohol assessment prior to sentencing

and if assessed dependant IP sentence must include level of care consistent with as
prescribed in assessment

Per DPS/ Courts

Defendant undergo a LSCMI pre-sentenceassessment to determine risk/needs for application of appropriate conditions and credit within sentence

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY

PENNSYLVANIA CRIMINAL
COMMONWEALTH OF PENNSYLVANIA
vs CP-Ol-CRCHARGE:

INTERMEDIATE PUNISHMENT SENTENCE ORDER

AND NOW THIS , day of 2013, the defendant having appeared for sentencingas a result of (plea, nolo or finding of guilt,) for the above-captioned charge and having considered input from the defendant,

representing counsel, the commonwealth, pre-sentence reports if prepared and anyother information provided
for consideration, this court imposes the following sentence:

The defendant is sentenced to Adams CountyIntermediate Punishmentfor a total period of and is subjectto all standardconditionsof IP, the first (days)(months) will be served in Restrictive Intermediate Punishment [42 Pa. C.S.A. 9763(b)] as follows:

months

- The defendant will serve the entire restrictive portion noted above on House Airest/
Electronic Monitoring.

- The defendant is eligible for transition to Inpatient Treatment programming.

The balance of months to be served on Restorative supervision.

Thedefendant is ordered to participate in and successfully complete anyprogram of care, treatment, education, or rehabilitation as designated herein or deemed appropriate by the court or probation officials following,
complete evaluation and assessment.

The defendant must participate in and successfullycomplete :

drug and alcohol treatment mental health evaluation/treatment

alcohol safe driving program NOVIS / Anger Management

Community Service

Sex Offender conditions

The defendant is subject to the following conditions:

shall have NO CONTACT with the Victim(s),

ACT 122 required provisions

_ Ignition Interlock

shall not possess, own, sell or transport any firearms

$ ACT 198 fee

_ shall not consume or possess beverages containing alcohol.

The defendant shall pay restitution in the amount of , to The defendant is directed to pay a fine in the amount of $ amount of fine the costs, a $185 educational fee, a $300 Booking Center Fee, a $35 public service fee, a $40 per month local offender's supervision fee, $20 law enforcement fee, $20 testing fee, plus all fees, fines, and costs mandated by law, Local Rule of Court or
administrative Order of Court.

All financial obligations imposed in this order shall be paid in equal monthly installments unless modified by subsequent Order of this Court or by a written agreement, filed of record, entered between the Defendant and the Clerk of Court's Office. In the event a modification agreement in entered, the Defendant is directed to make a payment pursuant to that agreement.

The defendant is subject to all standardconditions of Intermediate Punishment and the rules and conditions of
any programs incorporated herein as part of this sentence.

The defendant shall be in compliance and have all appropriate and necessary accommodations in place including an acceptable home plan prior to approved transition from any restrictive term to any other restrictive
or restorative term of this sentence.

The effective date of this sentence is today.

The defendant shall receive credit for previous period incarceration from: totaling days and applied only to the restrictive portion of this sentence.

to:

The Defendant is released on Restorative supervision until Report Date at o'clock, at which time he/she is directed to report directlyto the Re-entry Facility of the Adams County Correctional Complex to commence
this sentence. He/she is advised that should he/she fail to report as directed it will constitute the crime of
Escape.

The Defendant is directed to complete the Pre-Commitment packet, return it, and complete the Pre-

Commitment procedure as directed. Failure to do so will delay placement into the Adams County Community Re-Entry Facility when reporting to commence this sentence and could result in significant delay in placement
out to work.

By the Court,

cc: Defendant

Clerk of Courts

District Attorney Defense Attorney

DPS

Intermediate Punishment Restrictive Breakdown

TOTAT- RESTRICTIVE
TERM Im
2 m 3m 4 m 5m

2/3 RE-ENTRY TERM

1/3 TRANSITION
TERM 10 d 20 d
1m

20d

ImlOd
2m

2m20d

ImlOd
1 m20d
2m

3 m 10 d
4m

6 m 7m
8m

4 m20 d
5ml0d 6m

2ml0d
2m20d 3 m

9 m 10 m
11m 12 m

6m20d 7ml0d
8 m

3 m 10 d 3m20d
4 m

13 m
14 m

8m20d 9ml0d
10 m

4m lOd 4m20d 5m

15 m 16m
17 m

10m20d
llmlOd 12 m

5mlOd 5m20d
6 m

18m

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY

PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA
vs
CP-Ol-CR-

CHARGE: DUI

offense

ORDER OF COURT

AND NOW THIS , day of , 20 the defendant having appeared for sentencing as a result of (plea, nolo or finding of guilt,) for the above-captioned charge and having consideredinput from the defendant, representing counsel, the commonwealth, pre-sentence reports if prepared and any other information provided for consideration, this court imposes the following sentence:

The Defendant is sentenced to serve no less than consecutive hours/ days nor more than 6 months in partial confinement in the Re-entry Building at the Adams County Adult Correctional Complex. The defendant is immediately eligible for work release provided the Pre-Commitment process has been completed
as directed and prior to commitment.

The Defendant shall be automatically paroled at the expiration of the minimum sentence unless the Defendant reports to the Re-entry Facility under the influence of alcohol or non-prescribed drugs or receives a misconduct and is removed from the Re-entry Facility in which case the Defendant's placementin the Re-entry Facility and automatic parole is revokedand the Defendant shall remain in partial confinement in the Adams County Prison
until further Order of Court.

The defendant is ordered to participate in and successfully complete any program of care, treatment, education, or rehabilitation as designated herein or deemed appropriate by the court or probation officials following,
complete evaluation and assessment.

The defendant must participate in and successfully complete : drug and alcohol treatment
mental health evaluation/treatment

alcohol safe driving program

hours of Community Service

The defendant is subject to the following conditions:

ACT 122 required provisions

Ignition Interlock

pay ^

ACT 198 fee

shall not consume or possess beverages containing alcohol.

The defendant shall pay restitution in the amount of|

, to.

the costs, the statutory surcharge, a $185 The defendant is directed to pay a fine in the amount of $ educational fee, a $300 Booking Center Fee, a $35 public service fee, a $40 per month local offender's supervision fee, $20 law enforcement fee, $20 testing fee, plus all fees, fines, and costs mandated by law. Local
Rule of Court or Administrative Order of Court.

All financial obligations imposed in this order shall be paid in equal monthly installments unless modified by subsequent Order of this Court or by a written agreement, filed of record, entered between the Defendant and the Clerk of Court's Office. In the event a modification agreement in entered, the Defendant is directed to make a payment pursuant to that agreement.
The defendant shall receive credit for previous period incarceration from:

The Defendantis released on special furlough until at , o'clock, at which time he/she is directed to report directlyto the Re-entry Building of the AdamsCoxmty Correctional Complex to conunence this sentence. He/she is advised that shouldhe/shefail to reportas directed it will
constitute the crime of Escape.

The Defendantis directed to completethe Pre-Commitment packet, return it, and complete the PreCommitment procedureas directed. Failureto do so will delay placement into the AdamsCountyCommumty Re-Entry Facility when reporting to commence this sentence and could result in significant delay in placement
out to work.

Immediately uponrelease the Defendant is directed to report to the Adams County Department of Probation
Services, located on the third floor of the Adams County Courthouse.

By The Court,

cc: Defendant
Clerk of Courts

District Attorney Defense Attorney

ACACC/ Records
DPS