House Resolution 12, which passed on October 16, 2007, directs the Sentencing Commission to “conduct a study on the use and impact of mandatory minimum sentences.”   This study builds upon the preliminary work conducted by the Sentencing Commission in response to House Resolution 613 of 2004.  Due to the short time frame of HR 613, the efforts completed by the Commission could best be characterized as a preliminary investigation of mandatory sentencing in Pennsylvania, and thus did not present findings or recommendations regarding mandatory sentencing legislation in the HR 613 Report.  However, some of the activities accomplished were: a review of legislative history on mandatory sentencing statutes, a review of previous research on mandatory sentencing nationwide, interviews with district attorneys, public defenders, and judges in five counties, analysis of mandatory sentences imposed during 1996, the development of a preliminary recidivism study, and a statewide survey of district attorneys and public defenders.

In response to the directives of HR 12, the Commission plans to analyze the extent to which mandatory sentences are imposed, the processing of mandatory sentencing cases, and the effectiveness of mandatory sentencing with respect to crime reduction.  The study entails three phases:

Phase I: Documentation of the current utilization of mandatory sentences. This phase will utilize the PCS data for 2001, 2004, 2005, and 2006 to determine how often mandatory sentences are imposed for individual offenses, for the most serious offense in the criminal incident, and for the most serious offense in the judicial proceeding.  Additionally, we will look at whether offenders appear to be receiving mandatory sentences beyond what is reported to the Commission.

Phase II:  Processing of mandatory sentencing.  This phase will examine how mandatory cases are processed, and the plea negotiation process.  Two methods for obtaining information will be utilized: 1) data collection in the field to obtain better offense charging information, and 2) surveys of judges, district attorneys, and public defenders to obtain a better understanding of how cases are processed in their respective counties. 

Phase III: Effectiveness of mandatory sentences.  This phase will examine whether mandatory sentences are effectives in accomplishing their purposes, and whether they are effective in lowering recidivism.   This phase will include a survey of legislative members about the intended purpose of sentencing, as well as a survey of offenders to determine the extent of their knowledge surrounding potential sentences attached to committing crime.    The recidivism study will compare offenders who are mandatory eligible and received the mandatory sentence with those who are mandatory eligible and did not receive the mandatory sentence.

Resolutions
House Resolution 613 of 2004
House Resolution 12 of 2007

Report
2005   Report to the Pennsylvania House of Representatives: House Resolution 613 (Session of 2004)