PACDL News and Announcements
Notice of Sentencing-Related Changes
Visit http://pasentencing.org for more information.
Effective Monday, November 24, 2008
- Place of confinement - requires the court to aggregate sentences for determining place of confinement, and permits the court to change place of confinement of previously sentenced ofenders.
- County work release - requires the court to make an offender eligible for county work release, but provides that the county jail may preclude the offender from leaving facility.
- County parole - prohibits the court from paroling an offender prior to the minimum sentence, unless the court has made the offender eligible to participate in a county re-entry plan.
- State RRRI (Recidivism Risk Reduction Incentive) minimum - requires the court to impose a RRRI minimum sentence, in addition to the minimum and maximum term, for any eligible offender sentenced to a state facility.
Effective Friday, December 5, 2008
- Offense Gravity Scores - new/modified OGS assignments
- State Intermediate Punishment (SIP) - SIP may be considered whenever the individual or aggregate juvenile adjudications to occur.
- Fines/Community Service Guidelines - new guidelines must be considered by the court when ordering fines and/or community service as a Restorative Sanction without incarceration.
Request for feedback on proposed amendments
Proposed Amendments to Rule 513, Proposed new Rule 513.1 and Correlative Changes to Rules 504, 540 and 547
The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania: (1) amend Rule 513 to provide for the temporary delay in the dissemination of arrest warrant information to the public prior to execution; (2) adopt new Rule 513.1 to provide for the sealing of arrest warrant information; and (3) approve correlative changes to Rules 504, 540 and 547. This Second Supplemental Report resulted from the Committee's review of the correspondence received in response to publication of our original explanatory Report and first Supplemental Report. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee.
Click here for contact information, and to read the full text.
HR 12 Mandatory Sentencing Project Update
This text provides an update on the research being done by the Sentencing Commission on the use of and effectiveness of manditory sentencing.
Click to read the pdf version.
New Rules of Criminal Procedure: No. 368
Order approving the revisions of the comments to rules of criminal procedure 114, 430, 451, 509, 511, 536, 576, 907 and 908. Effective February 1, 2009.
Click to read the full text.
New Rules of Criminal Procedure: No. 369
Order amending rules of criminal procedure 590, 803 and 804. Effective November 1, 2008.
Click to read the full text.
New Legislation: Senate Bill 1613
Caption: Amends Title 42 (Judiciary & Judicial Procedure) further providing for court-ordered involuntary treatment of certain sexually violent persons; and making editorial changes.
State Title: Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for court-ordered involuntary treatment of certain sexually violent persons; and making editorial changes. (FIL )
Click to read the pdf version.
New Legislation: House Bill 1845
Caption: Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary) further providing for sentence for murder; assault of law enforcement officer; providing false reports; in firearms, further providing for ineligibility for possession or dealing.
State Title: Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, FURTHER PROVIDING FOR SENTENCE FOR MURDER AND MURDER OF UNBORN CHILD; PROVIDING FOR THE OFFENSE OF CRIMINAL HOMICIDE OF LAW ENFORCEMENT OFFICER AND FOR THE OFFENSE OF ASSAULT OF LAW ENFORCEMENT OFFICER; IMPOSING PENALTIES; further providing for false reports to law enforcement authorities; in firearms, further providing for ineligibility for possession or dealing, for required licensure, for emergency prohibitions, for licenses, for possession with altered manufacturer's number, for sale or transfer , FOR PENNSYLVANIA STATE POLICE, FOR ALTERING OR OBLITERATING MARKS OF IDENTIFICATION, FOR FIREARM TRACING AND FOR PROCEDURE; ESTABLISHING THE STRAW PURCHASE PREVENTION EDUCATION PROGRAM AND THE STRAW PURCHASE PREVENTION EDUCATION FUND; further providing for limitation of actions; PRESCRIBING SENTENCES FOR OFFENSES COMMITTED AGAINST LAW ENFORCEMENT OFFICER; and abrogating a regulation. (SF1 )
Click to read the pdf version.
PACDL Welcomes New President
ROYCE L. MORRIS was elected President of PACDL at our Annual Meeting in April. Royce practices criminal defense with the Harrisburg firm of Goldberg Katzman, P.C. Royce has litigated criminal cases up to and including capital murder cases in both state and federal courts. Prior to joining Goldberg Katzman, Royce was Chief Deputy Public Defender for Dauphin County, and was responsible for the supervision of the Appellate Division and for the supervision of assistant public defenders in the management of their caseloads.
A graduate of Temple University (B.A., 1988) and the University of Maryland School of Law (J.D., 1991), Royce completed an intensive trial advocacy program at the National Criminal Defense College in Macon, Georgia. Royce was an Adjunct Professor at Harrisburg Area Community College (1994-2005), where he taught Criminal Law and Criminal Evidence. Royce is currently Co-chair of the Dauphin County Criminal Law Committee, a member of the House of Delegates for the Pennsylvania Bar Association and a member of the National Association of Criminal Defense Lawyers. Royce was named a 2005 Pa. Super Lawyers Rising Star and a 2008 Pa. Super Lawyer by Philadelphia Magazine and received our 2007 Alan J. Josel Advocacy Award for his numerous pro bono representations which resulted in the freeing of innocent persons.
