2/7 Speaking in generalities, people who are sentenced to a maximum of less than 2 years incarceration in Pennsylvania serve their sentences in county jail. If maximum is 2 years or more, you go to state, regardless of minimum. Parole is usually offered at the expiration of min.
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3/7 the typical way someone is sentenced, vying some outstanding circumstances, is their maximum is set at roughly double the minimum, which is determined by the guidelines. So, in theory, she should have received roughly 10 to 20 months, which would be a county sentence.
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4/7 Her guideline for the retail theft charge is anywhere between probation and less than 12 months in jail. This is her third or subsequent retail theft charge, making it a third-degree felony.
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5/7 the highest minimum guideline sentence for someone with even a serious criminal history and aggravating circumstances (not the case here) is roughly 21 months. However, the maximum statutory sentence for an F3 is 7 years, which is what the judge set the max at in this case.
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6/7 by setting the max at the statutory max of 7 years, that means she has to serve her time in state prison, regardless of the minimum.
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7/7 Since she will be in state prison, the state must pay for her medical care. If the sentence would have been the more traditional maximum double the minimum, it would have been a county jail sentence, which means the county would be on the hook for her medical bills.
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Fascinating. Does this help or hurt her? Would she have received better care at county level?
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Not sure. That's certainly an argument the judge could be making. County would likely be more immediate as she will probably spend some time in county before transfer to state. The judge also had the option of no jail or a sentence with immediate parole
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10 months? Isnt that county jail not state?
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It's based on the max sentence. Her max is 7 years, which pushes it to state. 10 months straight would be county or 10 months to anything less than 2 years would be county.
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Čini se da učitavanje traje već neko vrijeme.
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