Immediate Sanction Probation

Pilot Project

Virginia Criminal Sentencing CommissionNovember 6, 2013

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Arlington was identified as a potential site

− Following initial meeting on June 19, stakeholders agreed to participate in pilot project

• Estimated start date of October 1

− Staff met with stakeholders again on July 25

− Staff trained Arlington P&P on several aspects of the program on September 11

− Staff met with the Arlington stakeholders again on October 21

− Staff also met with the Falls Church Chief of Police and the Falls Church Sheriff on October 21

− Anticipated start date: to be determined

Update on Third Pilot Site

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Harrisonburg/Rockingham County was identified as a potential site

− Commission staff met with stakeholders on September 25

− Stakeholders agreed to participate in pilot project

• Estimated start date of January 1, 2014

− Staff will train Harrisonburg P&P on the program

− Staff will also meet with court-appointed attorneys to discuss the program

− Staff will meet with stakeholders again prior to the estimated start date to assist with operational details

Update on Fourth Pilot Site

Activity in Henrico & Lynchburg

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Locality

# of Current

Participants (as of 11/1/13)

# of Participants

who have Violated

# of Violations

Participants Removed

Pending Candidates

Candidates Declined

Henrico 25 16 25 3ᶧ 0 2

Lynchburg 24 12 24* 2 0 1

Total 49 28 49* 5ᶧ 0 3

* 2 participants in Lynchburg have pending violationsᶧ 1 participant in Henrico is pending removal based on a new felony conviction

3 offenders were terminated and given a DOC sentence;the other 2 offenders moved out of the jurisdiction

1 candidate absconded and has not been located

Activity in Henrico & Lynchburg

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Cumulative Number of Candidates Referred to the Court by Month(as of November 1, 2013)

A total of 58 candidates have been referred to the court for consideration for placement in the program.

April 26, 2013: Eligibility criteria expanded to allow offenders with a prior conviction for a violent offense to be considered for the program.

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Number of Violations

among Participants

Activity in Henrico & Lynchburg

Total number of offenders placed in program = 54

Current participants = 49

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Lynchburg Henrico Total

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

41.2% 70.0% 56.8%

Avg. time between violation and hearing

4.4 days 2.3 days 3.2 days

Avg. time between violation and arrest

2.3 days <1 day 1.5 days

Avg. time between arrest and hearing

2.1 days 1.4 days 1.7 days

Avg. time between arrest and hearing – business days

1.3 days 1.1 days 1.2 days

Number of Violations 17* 20* 37*

* Violations After March 8, 2013

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.

Measures of Swiftness

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* 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.

Measures of Certainty and Sanctions Imposed

Lynchburg Henrico Total

Percent of Violations Resulting in a Jail Term

100% 100% 100%

Avg. length of sentence for 1st Violation

3.1 days 4.4 days 3.8 days

Avg. length of sentence for 2nd Violation

5.2 days 7.2 days 6.1 days

Avg. length of sentence for 3rd Violation

8.3 days 14 days* 9.8 days

Avg. length of sentence for 4th Violation

10 days* 10 days* 10 days*

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The General Assembly adopted budget language to extend the provisions of § 19.2-303.5 of the Code of Virginia and to authorize the creation of up to four Immediate Sanction Probation pilot sites

Section 19.2-303.5, which was set to expire in July 1, 2012, was extended until July 1, 2014

− This statute provides the legal parameters and basic framework for the Immediate Sanction Probation program

Request for Change in Appropriation Act Language

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A request has been submitted to the Department of

Planning & Budget asking that the authorization

end date specified in the budget item be changed

from July 1, 2014, to July 1, 2015

This will allow Arlington and Harrisonburg/Rockingham

sufficient time to adequately test the pilot program

Request for Change in Appropriation Act Language