Immediate Sanction Probation Pilot Project

Immediate Sanction Probation

Pilot Project

Virginia Criminal Sentencing CommissionSeptember 9, 2013

2

Arlington was identified as a potential site

− Judge Newman agreed to convene

the stakeholders on June 19

− Stakeholders have agreed to participate in pilot

project

− Staff met with stakeholders again on July 25

− Start date: October 1, 2013

– Staff will train Arlington P&P on several aspects

of the program on September 11, 2013

– Another Arlington stakeholders meeting is

planned prior to October 1, 2013

Update on Third Pilot Site

Activity in Henrico & Lynchburg

3

Locality

# of Current

Participants (as of 9/6/13)

# of Participants

who have Violated

# of Violations

Participants Removed

Pending Candidates

Candidates Declined

Henrico 22 12 17 2 3 2

Lynchburg 19 9 18* 0 4 1

Total 41 21 35* 2 7 3

* 3 participants in Lynchburg have pending violations


4

COMPAS Recidivism Risk Scales and Classification

Gen

eral

Rec

idiv

ism

Sco

reViolence Recidivism Score

1 2 3 4 5 6 7 8 9 10

1

Low2

3

4

5

Medium6

7

8

Medium with Override High9

10


5

Recidivism Risk Level for Offenders Placed in the Program

10

14

17

2

Low Medium Mediumw/Override

High N=43


6

Number of Violations for Participants

N=43

* One participant was removed after 3 violations

*


7

Recidivism Risk Levels and Violations

COMPAS Risk Level

# of Offenders Placed in Program

Median # of Violations PRIOR to Placement in

Program

Offenders Who Violated AFTER

Placement in Program

Number Percent

Low 10 4.5 violations 3 30%

Medium 14 4.5 violations 6 42.9%

Medium w/Override 17 3 violations 11 64.7%

High 2 5 violations 1 50%

Total 43 4 violations 21 48.8%

0

1

2

3

4

5

6

7

8

9

0 1 2 3 4

Par

tici

pan

ts

Violations

Low

Medium

Medium w/Override

High

0

1

2

3

4

5

6

7

8

9

0 1 2 3 4

Par

tici

pan

ts

Violations

Low

Medium

Medium w/Override

High

0

1

2

3

4

5

6

7

8

9

0 1 2 3 4

Par

tici

pan

ts

Violations

Low

Medium

Medium w/Override

High

0

1

2

3

4

5

6

7

8

9

0 1 2 3 4

Par

tici

pan

ts

Violations

Low

Medium

Medium w/Override

High


8

Number of Violations for Participants by Recidivism Risk Level

N=43


9

Recidivism Risk Levels and Violations

COMPAS Risk Level

Number of Participants Who Have Violated

Median # of Days Until 1st

Violation

Low 3 68 dys.

Medium 6 42 dys.

Medium w/Override 11 43 dys.

High 1 6 dys.

Total 21 43 dys.


10

Current Participants – Length in Program

COMPAS Risk Level

Number of Participants Currently in

Program

Median # of

Months in Program

Low 10 4.2 mos.

Medium 12 3.2 mos.

Medium w/Override 17 5 mos.

High 2 5.3 mos.

Total 41 4.2 mos.

11

Selected Case Studies

Case 1:

Age at Program Entry 34

General Recidivism Risk Score 10 out of 10 (High)

Violent Recidivism Risk Score 8 out of 10 (High)

Substance Abuse Risk Score 8 out of 10 (High)

Original Offense(s): 2 counts Petit Larceny, 3rd or Subseq.

Number of Violations in 12 Mos. Prior to Entry: 7


12

Program Entry: 2/13/13

1st Violation: 2/19/13 – Pos. Drug Screen (Cocaine) Sanction: 3 Days

2nd Violation: 3/4/13 – Fail to Report & Fail to Follow Instr. Sanction: 6 Days

3rd Violation: 3/26/13 – Fail to Report, Fail to Follow Instructions & Cocaine Use

Sanction: 8 Days

4th Violation: 4/22/13 – Fail to Follow Instructions Sanction: 8 Days

Selected Case Studies, Case 1 – Program Violations & Sanctions


Violation-free for 4.6 months

1st Violation: 8/12/13 – Pos. Drug Screen (Cocaine) Sanction: 5 Days


13

Selected Case Studies

Case 2:

Age at Program Entry 53

General Recidivism Risk Score 4 out of 10 (Low)

Violent Recidivism Risk Score 1 out of 10 (Low)

Substance Abuse Risk Score 10 out of 10 (High)

Original Offense(s): Grand Larceny & Attempted Grand Larceny; has previously had some of the suspended sentences for these charges revoked

Number of Violations in 12 Mos. Prior to Entry: 18

Program Entry: 6/5/13

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Violation On or Before 3/8/13 Violation After 3/8/13

Lynchburg Henrico Total Lynchburg Henrico Total

Percent of Violation Hearings held w/in 3 days of a violation

20% N/A 20% 46.2% 66.7% 56%

Avg. time between violation and hearing

7 days N/A 7 days 4.5 days 2.6 days 3.6 days

Avg. time between violation and arrest

5.4 days N/A 5.4 days 2.5 days 1.1 days 1.8 days

Avg. time between arrest and hearing

1.6 days N/A 1.6 days 2.1 days 1.5 days 1.8 days

Avg. time between arrest and hearing – business days

Same N/A Same 1.2 days 1.2 days 1.2 days

Number of Violations 5 0 5 13 12 25

Measures of Swiftness

Note: Excludes revocations that occurred after a participant’s removal from the program, full Show Cause hearings, and 1 participant whose case was delayed while procedures were developed.


15

Lynchburg Henrico Total

Percent of Violations Resulting in a Jail Term 100% 100% 100%

Avg. length of sentence for 1st Violation 3 days 4.3 days 3.7 days

Avg. length of sentence for 2nd Violation 5.2 days 5.7 days 5.3 days

Avg. length of sentence for 3rd Violation 9 days N/A 9 days

Avg. length of sentence for 4th Violation 10 days* N/A 10 days*

Measures of Certainty and Sanctions Imposed

* Represents 1 case

Note: Sentence length is in addition to time served awaiting hearing. Excludes revocations that occurred after a participant’s removal from the program and full Show Cause hearings.


Immediate Sanction Probation Pilot Project

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