By District Attorney Ryan Sayers
2023 Vol. 3
In continuing with the discussion of the Pennsylvania Sentencing Matrix, this week we will be looking at how to calculate a person’s Prior Record Score.
The Pennsylvania Sentencing Commission decided, and rightfully so, that a person that is a repeat offender should receive a harsher sentence than someone who is getting in trouble for the first time.
The Sentencing Commission has set forth eight categories for Prior Record Scores, and these are: zero through five, repeat felon (RFEL), and repeat violent offender (REVOC).
Just like everything in the legal system, there are exceptions to every rule, but the guidelines for calculating Prior Record Scores can be found here: 204 Pa. Code § 303.4 and 204 Pa. Code § 303.7.
In calculating a defendant’s Prior Record Score, the general rule is that you look at the highest/worst offense from each case that a defendant has on his/her criminal history, and see how many points each top charge is assigned on the Pennsylvania OGS Chart.
Once you have the points, then you add them together to see where a person falls between a zero and five. However, if a person has multiple felony 1 and felony 2 convictions, then they are classified as RFEL, and if a person has two or more convictions for violent charges, then the Sentencing Commission deems them to be REVOC.
Let me give a couple examples to help illustrate these calculations:
John Doe has a criminal history to include:
- **County A (2014), Guilty Plea to Possession with Intent to Deliver Methamphetamine (10-<50 grams)(Felony)
- **County B (2018), Guilty Plea to Theft by Receiving Stolen Property ($2,000-$25,000)(Felony 3)
Looking at the Pennsylvania OGS Chart, the Possession with Intent to Deliver Methamphetamine would be worth two points and the Theft would be worth one point. Therefore, John Doe’s Prior Record Score would be a three.
Jane Doe has a criminal history to include:
- **County B (2018), Guilty Plea to Cruelty to Animal (abuse, abandon, etc.)(Misdemeanor 2)
- **County C (2020), Guilty at Trial to Simple Possession of Heroin (Misdemeanor)
- **County C (2022), Guilty Plea to Corruption of Minors (Misdemeanor 1)
In this situation, Jane Doe does not have any crimes that are assigned a point by themselves. However, if a person, “was previously convicted of two or three misdemeanors,” then it is worth one point. Therefore, Jane Doe’s Prior Record Score is a one.
Now that we have discussed Offense Gravity Scores and Prior Record Scores, next week I will return to the Pennsylvania Sentencing Matrix to explain sentencing ranges, minimum and maximum sentences, and places of incarceration.
Ryan Sayers is the elected District Attorney of Clearfield County, Pennsylvania.
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