قالب وردپرس درنا توس
Home / Insurance / Pennsylvania requires court to declare incentives defendant convicted to reduce risk of recidivism

Pennsylvania requires court to declare incentives defendant convicted to reduce risk of recidivism



Claire A. Risoldi, in a second attempt which was appealed from the judgment of the verdict, entered after arrest for being brought because of the restitution part of her sentence. Risoldi questioned the legality of her sentence. IN Commonwealth of Pennsylvania v. Claire A. Risoldi, 2022 PA Super 94, no. 1382 EDA 2021, J-A07001-22, Superior Court of Pennsylvania (24 May 2022) Risoldi’s second appeal seeks a ruling from the Court of Justice on whether she was entitled to a finding of a reduction in the risk of recidivism (RRRI) findings.

FACTS

On February 5, 2019, a jury convicted Risoldi of various crimes related to her participation in an insurance fraud program. On May 17, 2019, the court sentenced Risoldi to a total term of 11½ to 23 months in prison and over $ 10 million in damages. Upon review, the court remanded Risoldi’s sentence, remanded in custody for solely in that matter, and confirmed all other aspects of Risoldi’s sentence. [Commonwealth v. Risoldi, 238 A.3d 434, 465 (Pa. Super. 2020)] Pennsylvania’s Supreme Court refused to grant further appeal [Commonwealth v. Risoldi, 244 A.3d 1230 (Pa. 2021)].

On June 25, 2021, the court appealed against Risoldi only for the part of her sentence that she received back. At no time during Risoldi’s first sentencing or sentencing hearing did the court rule on whether Risoldi is entitled to participate in a re-entry plan. Risoldi filed a notice of appeal in due time and both she and the trial court followed Pa.RAP 1925.

Risoldi only claimed that the sentencing court imposed an illegal sentence on 17 May 2019 and reintroduced an illegal sentence on 25 June 2021, as it did not establish her right to re-entry plan in the protocol as required by the Penal Code.

The court examined the consequences of a sentencing court’s failure to state in the minutes whether a defendant is entitled to RRRI minimum sentences under another subsection of the same law which states, in the relevant part, that “[t]he court shall determine whether the defendant is entitled to a minimum sentence to reduce the risk of recidivism[.]”42 Pa.CS § 9756 (b.1) (min italics).

ANALYSIS

The Court of Appeal concluded that the legislature’s use of the term “shall” in the statute of a sentencing tribunal’s failure to determine in the record whether a defendant is entitled to RRRI results in the imposition of an unlawful sentence. The legislator’s use of the term “shall” requires the sentencing court to determine a defendant’s RRRI justification in sentencing, and failure to do so results in an unlawful sentence.

In the present case, the district court did not state in the minutes of the judgment whether Risoldi is entitled to participate in a re-entry plan. That aspect of Risoldi’s punishment is therefore illegal and subject to rectification. The Court of Appeal only revoked for the sentencing court to determine Risoldi’s entitlement to participate in a re-entry plan in accordance with 42 Pa.CS § 9756 (b) (3).

It amazes me how many times a person convicted of insurance fraud can appeal the sentence. In this case, the court failed to do what it was obliged to do and the appellate court returned it for a new judgment concerning RRRI. Hopefully, the court will find that she is not justified.


(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Subscribe to Zalma on Insurance at locals.com https://zalmaoninsurance.local.com/subscribe.

Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.

Write to Mr Zalma at zalma@zalma.com; http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com. Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

About Barry Zalma

An author, consultant and expert with insurance coverage and claims management with more than 48 years of practical experience and experience in the courtroom.




Source link