** These policies, which relate to various subjects, are included here together because they are the very first policies announced by District

Attorney Larry Krasner within forty-five days after assuming office. They were a historic first step in the re-shaping of the Philadelphia Criminal

Justice System.

Philadelphia DAO New Policies**

policies are presumptive, not mandatory requirements. Where extraordinary circumstances

suggest that an exception is appropriate, specific supervisory approval must be obtained.

Wherever the term “supervisory approval” is used, it means that:

(1) An Assistant District Attorney must obtain approval of the unit’s supervisor, and

(2) The supervisor must then obtain approval from the District Attorney, or in his absence,

the approval of First Assistant Carolyn Temin or Robert Listenbee

(3) Bona fide verbal approvals and disapprovals are sufficient and must be noted in the

case file, including the date of approval and identity of the requesting Assistant District

Attorney and the supervisor who obtained approval or disapproval from the District

Attorney.

3. Do not charge prostitution cases against sex workers.

4. Do not charge or prosecute cases involving the possession of Buprenorphine.

CHARGE LOWER GRADATIONS FOR CERTAIN OFFENSES

Rationale: summary gradation greatly reduces pre-trial incarceration rates as no bail

is required and the shorter time required for hearings expedites Municipal Court and

Common Pleas dockets.

** These policies, which relate to various subjects, are included here together because they are the very first policies announced by District

Attorney Larry Krasner within forty-five days after assuming office. They were a historic first step in the re-shaping of the Philadelphia Criminal

Justice System.

3. Remember, that a summary conviction permits a sentence of 90 days incarceration,

fines of up to $250, and full restitution. These penalties are sufficient to hold a retail thief

accountable.

4. In all cases, seek full restitution.

DIVERT MORE

All attorneys are directed to approach diversion and re-entry with greater flexibility and an eye

toward achieving accountability and justice while avoiding convictions where appropriate. For

consideration for diversion with a requirement of efforts to overcome license

impediments where possible as an aspect of any diversionary program.

3. A defendant charged with marijuana (cannabis) delivery or PWID (Possession with the

Intent to Deliver) may apply for diversion.

This is not a comprehensive list.

INCREASE PARTICIPATION IN RE-ENTRY PROGRAMS

In general, some effective re-entry programs have failed to attract more candidates due to

rewards and incentives of the program that are minor compared with the major effort required of

re-entering Philadelphians. Effective re-entry programs prevent crime and should apply to more

** These policies, which relate to various subjects, are included here together because they are the very first policies announced by District

Attorney Larry Krasner within forty-five days after assuming office. They were a historic first step in the re-shaping of the Philadelphia Criminal

Justice System.

(e.g. false reports to police, perjury, obstruction of the administration of justice, witness

intimidation, etc. All of these cases require supervisor approval as stated above.

1. Make plea offers below the bottom end of the mitigated range of the PA Sentencing

Guidelines for most crimes.

2. Where an Individual ADA believes an offer below the bottom end of the mitigated range

is too low due to specific factors, that ADA must seek supervisory approval of a higher

offer.

3. Where the applicable sentencing guidelines range is between 0 and 24 months, ADAs

500% over a few decades. Pennsylvania and Philadelphia have been incarcerating at an even

higher rate than comparable U.S. states and cities for decades--a 700% increase over the same

few decades in Pennsylvania; and Philadelphia in recent years has been the most incarcerated

of the 10 largest cities. Yet Pennsylvania and Philadelphia are not safer as a result, due to

wasting resources in corrections rather than investing in other measures that reduce crime.

Pennsylvania's and Philadelphia's over-incarceration have bankrupted investment in policing,

public education, medical treatment of addiction, job training and economic development---

which prevent crime more effectively than money invested in corrections. Over-incarceration

also tears the fabric of defendants' familial and work relationships that tend to rehabilitate

defendants who are open to rehabilitation and thereby prevent crime. As a result, a return to

At sentencing, ADAs must state on the record their reasoning for requesting a particular

sentence, and must state the unique benefits and costs of the sentence (e.g. consider where

applicable the safety benefits, impact on victims, interruption of defendants' connections to

family, employment, needed public benefits, and the actual financial cost of incarceration). In

** These policies, which relate to various subjects, are included here together because they are the very first policies announced by District

Attorney Larry Krasner within forty-five days after assuming office. They were a historic first step in the re-shaping of the Philadelphia Criminal

Justice System.

each case, place the financial cost of incarceration on the record as part of your explanation of

the sentence recommended.

In talking about the financial cost to the taxpayer, use the following, arguably low, but

much-repeated cost of:

$42,000.00 per year to incarcerate one person ($3,500 per month or $115.00 per day).

The actual cost (including pension and other benefits to correctional employees, health

health care for incarcerated individuals, etc.) arguably is close to $60,000 now to

incarcerate one person for a year in Philadelphia County prison system. ($5,000 per

month at $164.00 per day).

2. As of March 1, 2022, Philadelphia County incarcerates approximately 4,600 people

at any given time with a total annual cost of around $360 Million per year.

3. The cost of one year of unnecessary incarceration (at $42,000.00 - $60,000.00) is in

the range of the cost of one year's salary for a beginning teacher, police officer, fire

fighter, social worker, Assistant District Attorney, or addiction counselor. You may

EXAMPLES OF HOW THIS INFORMATION CAN BE USED AT SENTENCING

1. If you are seeking a sentence of 3 years incarceration, state on the record that the cost

to the taxpayer will be $126,000.00 (3 x $42,000.00) if not more and explain why you

believe that cost is justified.

2. In a very serious matter, where for example, 25 years incarceration are sought and is

appropriate, state on the record that the cost to the taxpayer is $1,050,000.00 (25 x

$42,000.00) if not more and explain why you believe that cost is justified.

3. When recommending a sentence of probation, compare the cost of incarceration to the

** These policies, which relate to various subjects, are included here together because they are the very first policies announced by District

Attorney Larry Krasner within forty-five days after assuming office. They were a historic first step in the re-shaping of the Philadelphia Criminal

Justice System.

Emphasize the positive rehabilitative factors of a probationary sentence such as

permitting the defendant to continue working and paying taxes, permitting the

** These policies, which relate to various subjects, are included here together because they are the very first policies announced by District

Attorney Larry Krasner within forty-five days after assuming office. They were a historic first step in the re-shaping of the Philadelphia Criminal

Justice System.

where special factors arise, you may seek approval from the District Attorney via your

supervisor to seek a lengthier direct VOP sentence.