Virginia Sentencing Guidelines Preliminary FY2014 Report April 14, 2014.

Virginia Sentencing GuidelinesPreliminary FY2014 Report

April 14, 2014

FY 2014 - Cases Coded and Keyed*

JAN 1184FEB 34MAR 0APR 0MAY 0JUN 0JUL 2135 AUG 1983 SEP 1983 OCT 2156 NOV 1695 DEC 1491

TOTAL 11443 1218 12661

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*Keyed as of March 13, 2014

Preliminary FY2014 Report:General Compliance

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Preliminary FY2014 ReportJudicial Agreement

with Guideline Recommendations

General Compliance:

The degree to which judges agree with the overall guidelines recommendation.

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N=12,661

Preliminary FY2014 Report Judicial Agreement

with Type of Recommended Disposition

Dispositional Compliance:

The degree to which judges agree with the type of sanction recommended.

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N=12,661

Preliminary FY2014 Report Judicial Agreement with Sentence Length

Durational Compliance:

The degree to which judges agree with the sentence length in cases in which defendants are recommended for jail/prison and receive at least one day incarceration.

Median 9 months

belowmidpoint

6N=9,070

Preliminary FY2014 Report:Departure Reasons

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Aggravation (n=1351)

•Plea agreement 373 (28%**)

•Flagrancy of offense/facts of case 222 (17%**)

•Severity/type of prior record 194 (14%**)

•Multiple counts involved in event 86 (6%**)

•Poor rehabilitation potential 73 (5%**)

•SG Recommendation too low 68 (5%**)

•Recommendation of jury 67 (5%**)

•Offense involves drugs 48 (4%**)

n=197 (15%) missing a departure reason

Mitigation (n=1407)

•Plea agreement 525 (37%*)

•Judicial discretion 125 (9%*)•Cooperated with Authorities 120 (9%*)

•Facts of the case 112 (8%*)

•Sentenced to alternative 111 (8%*)

•Recommendation of CA 88 (6%*)

•Court Proceeding: Serve sentence in other case100 (7%*)

n=233 (17%) missing a departure reason

Preliminary FY2014 ReportMost Frequently Cited Departure Reasons

* Of mitigating cases requiring departure reason ** Of aggravating cases requiring departure reasons

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Preliminary FY2014 Report:Compliance by Circuit

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Circuit Name Circuit Compliance Mitigation Aggravation No. of CasesChesapeake 1 76.4% 8.7% 14.9% 484Virginia Beach 2 84.8% 8.9% 6.3% 731Portsmouth 3 75.8% 15.2% 9.0% 256Norfolk 4 80.8% 11.5% 7.8% 541Suffolk Area 5 78.6% 9.6% 11.7% 281Sussex Area 6 84.3% 5.9% 9.7% 185Newport News 7 81.7% 10.1% 8.2% 367Hampton 8 79.1% 14.1% 6.7% 163Williamsburg Area 9 75.1% 9.2% 15.8% 273South Boston Area 10 77.7% 11.5% 10.9% 331Petersburg Area 11 81.3% 11.5% 7.3% 192Chesterfield Area 12 81.3% 10.9% 7.8% 562Richmond City 13 71.0% 20.2% 8.7% 732Henrico 14 72.1% 10.0% 18.0% 451Fredericksburg Area 15 74.6% 10.8% 14.6% 914Charlottesville Area 16 77.0% 11.1% 11.8% 296Arlington Area 17 85.4% 4.9% 9.8% 82Alexandria 18 78.5% 10.3% 11.2% 107Fairfax 19 71.3% 14.4% 14.4% 536Loudoun Area 20 87.2% 4.8% 8.1% 335Martinsville Area 21 75.8% 16.0% 8.2% 231Danville Area 22 77.0% 5.1% 17.9% 391Roanoke Area 23 74.5% 17.3% 8.2% 526Lynchburg Area 24 77.0% 16.9% 6.0% 514Staunton Area 25 77.0% 13.8% 9.2% 478Harrisonburg Area 26 82.6% 9.8% 7.6% 707Radford Area 27 85.3% 5.3% 9.4% 584Bristol Area 28 83.5% 10.3% 6.3% 272Buchanan Area 29 73.4% 9.3% 17.3% 485Lee Area 30 73.9% 6.9% 19.2% 333Prince William Area 31 86.3% 7.7% 6.1% 313

Preliminary FY2014Preliminary FY2014

Most cases received:

-Circuit 15 (Fredericksburg Area)

-Circuit 13 (Richmond)

-Circuit 2 (Virginia Beach)

-Circuit 26 (Harrisonburg Area)

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Highest compliance:-Circuit 20 (Loudoun Area) 87.2%

Lowest compliance:-Circuit 13 (Richmond City) 71.0%

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Highest compliance:-Circuit 20 (Loudoun Area) 87.2%

Lowest compliance:-Circuit 13 (Richmond City) 71.0%

Highest aggravation:-Circuit 30 (Lee Area) 19.2%

Highest mitigation:-Circuit 13 (Richmond City) 20.2%

Preliminary FY2014 Report:Compliance by Offense Type

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Preliminary FY2014 ReportCompliance by Type of Offense

3,124 741 1,038 894 3,482 233 740 376 227 101 287 55 599 259 394 111

Larceny Drug-Oth Fraud Traffic Drug-I/II Misc-Oth Assault Weapon Burg-Oth Rape Sex-Asl Kidnap Burg-Dwel Misc-PP Robbery Murder

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Preliminary FY2014 Report:Additions/Changes Effective July 1, 2013

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Preliminary FY2014 ReportNonviolent Risk Assessment

Replace the nonviolent offender risk assessment instrument, used in conjunction with the guidelines for fraud, larceny and drug offenses, with risk assessment instruments developed based on the results of the Commission’s recent study of felony recidivism.

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Virginia Code § 17.1-803

5. Develop an offender risk assessment instrument for use in all felony cases, based on a study of Virginia felons, that will be predictive of the relative risk that a felon will become a threat to public safety.

6. Apply the risk assessment instrument to offenders convicted of any felony that is not specified in (i) subdivision 1, 2 or 3 of subsection A of § 17.1-805 or (ii) subsection C of § 17.1-805 under the discretionary sentencing guidelines, and shall determine, on the basis of such assessment and with due regard for public safety needs, the feasibility of achieving the goal of placing 25 percent of such offenders in one of the alternative sanctions listed in subdivision 4. If the Commission so determines that achieving the 25 percent or a higher percentage goal is feasible, it shall incorporate such goal into the discretionary sentencing guidelines, to become effective on January 1, 1996. If the Commission so determines that achieving the goal is not feasible, the Commission shall report that determination to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia on or before December 1, 1995, and shall make such recommendations as it deems appropriate.

Effective July 1, 2004Score 35 38


Risk assessment applies in drug, fraud, & larceny cases

Offender must meet eligibility criteria

− Recommended for incarceration

− No current or violent felony conviction

− Did not distribute an ounce or more of cocaine

− Not convicted of crime requiring mandatory minimum term of incarceration

Purpose: To recommend alternative sanctions for offenders who are statistically less likely to recidivate

Type of alternative at discretion of judge

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Drug/Schedule I/II or Drug Other Fraud and Larceny

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Preliminary FY2014 ReportNonviolent Offenders Eligible for Risk Assessment

by Type of Offense

8,385 Drug, Fraud & Larceny Cases - 5,454 Excluded: Ineligible, Errors, 1090 Missing 2,931 Analyzed

LarcenyLarceny37.3%

FraudFraud12.4%

DrugDrugOtherOther8.8%

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Preliminary FY2014 Nonviolent Offenders Eligible for Risk Assessment

Fraud

Larceny

All Risk Cases 7%

8%

11%

Drug 6%

18%

8%

22%

25%

68%

79%

63%

60%

7%

6%

4%

9%

2,931

1,162

368

1,401

Offense Mitigation

Compliance

AggravationNumberof CasesAlternative Traditional

86%

87%

85%

85%

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Recommended and Received an Alternative 17.8% n= 523

Recommended and Incarcerated 30.2% n= 886

Not Recommended and Received Alternative 13.3% n= 390

Not Recommended and Incarcerated 38.6% n= 1,132

Preliminary FY2014 Nonviolent Offenders Eligible for Risk Assessment

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Preliminary FY2014 ReportMandatory Minimum Factor

Revise several guidelines worksheets to ensure that the recommended sentence exceeds six months of incarceration when the primary offense is accompanied by an offense that requires a mandatory minimum sentence of at least six months.

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Burglary Dwelling

Burglary Other Structure

Drug Other

Miscellaneous - Other

Miscellaneous – Person/Property

Murder

Weapon/Firearm

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Worksheets Modified:

Offense WorksheetOffense Worksheet ComplianceCompliance MitigationMitigation AggravationAggravation

Burglary Dwelling (n=22) 68.2% 9.1% 22.7%

Burglary Other Structure (n=2) 100% 0% 0%

Drug Other (n=10) 90.0% 0% 10%

Miscellaneous - Other (n=2) 50% 0% 50%

Miscellaneous – Person/Property (n=4) 50% 50% 0%

Murder (n=25) 72% 8% 20%

Weapon/Firearm (n=110) 79.1% 3.6% 17.3%

Preliminary FY2014 ReportNew Mandatory Minimum Factor Added Effective July 1, 2013

175 cases: Points on section A added for the new mandatory minimum factor

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Preliminary FY2014 ReportBurglary With Murder or Malicious Wounding

Revise the sentencing guidelines for a completed act of burglary with a deadly weapon to increase the prison sentence recommendation for offenders who have an accompanying offense of murder or malicious wounding.

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Burglary of a Dwelling (n=2) 50.0% 0.0% 50.0%

Preliminary FY2014 ReportNew Factor for Additional Offense of Murder or Malicious Wounding

Added Effective July 1, 2013

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Preliminary FY2014 ReportVehicular Involuntary Manslaughter

Amend the Murder/Homicide sentencing guidelines for vehicular involuntary manslaughter associated with driving under the influence (§ 18.2-36.1(A)) to more closely reflect judicial sentencing practices for this offense.

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3030

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Vehicular Involuntary Manslaughter (n=12) 33.3% 16.7% 50.0%

Preliminary FY2014 ReportVehicular Involuntary Manslaughter Modified Effective July 1, 2013

Probation n=2 16.7%*Jail n=2 16.7%Prison n=8 66.7%

* May include offenders sentenced to time served

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Preliminary FY2014 ReportLarceny With Intent to Sell

Amend the Larceny sentencing guidelines to add larceny of property with a value of $200 or more or an aggregate value of $200 or more with the intent to sell or distribute as defined by § 18.2-108.01.

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OffenseOffense ComplianceCompliance MitigationMitigation AggravationAggravation

Larceny with intent to sell, $200 or more (n=60) 71.7% 5.0% 23.3%

Larceny with intent to sell, Aggregate value $200 or more(n=10) 70.0% 0% 30%

Preliminary FY2014 ReportNew Larceny Offenses Added Effective July 1, 2013

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Virginia Sentencing Guidelines Preliminary FY2014 Report April 14, 2014.

Documents

Transcript of Virginia Sentencing Guidelines Preliminary FY2014 Report April 14, 2014.