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JUDICIAL CONCURRENCE WITH SENTENCING GUIDELINES

JUDICIAL CONCURRENCE WITH SENTENCING GUIDELINES. July 1, 2006 – June 30, 2007 (Preliminary). Number of Guideline Worksheets Received FY1997 – FY2007. FY07 Guideline Worksheets by Type of Primary Offense (N=26,093). GENERAL COMPLIANCE. FY07 Judicial Agreement with Guideline Recommendations.

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JUDICIAL CONCURRENCE WITH SENTENCING GUIDELINES

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  1. JUDICIAL CONCURRENCEWITH SENTENCING GUIDELINES July 1, 2006 – June 30, 2007 (Preliminary)

  2. Number of Guideline Worksheets ReceivedFY1997 – FY2007

  3. FY07 Guideline Worksheetsby Type of Primary Offense (N=26,093)

  4. GENERAL COMPLIANCE

  5. FY07 Judicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. FY06 80%

  6. FY07 Recommended vs. Actual Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended by the guidelines. Actual Disposition

  7. DEPARTURE REASONS

  8. Mitigating (10%) Reason unclear Plea agreement Cooperative with authorities Good rehab potential Minimal circumstances Recommendation of Commonwealth/PO Aggravating (10.8%) Reason unclear Plea agreement Flagrancy of offense Recommendation too low Jury sentence Poor rehab potential MOST FREQUENTLY CITED DEPARTURE REASONS

  9. COMPLIANCE BY CIRCUIT

  10. Highest Compliance Rates: Circuit 27 (Radford Area) 91% Circuit 7 (Newport News) 86% Circuit 28 (Bristol Area) 85% Lowest Compliance Rates: Circuit 29 (Buchanan Area) 64% Circuit 15 (Fredericksburg) 71%

  11. Compliance VIOLENT VS. NONVIOLENT CRIMES

  12. Percentage of FY07 Sentencing Events Involving Violent Offenders (Current and/or Prior Violent Offenses as defined by §17.1-805)

  13. FY07 Violent Offender ProfileCurrent and/or Prior Violent Offense* *Note: Violent offenses are defined by §17.1-805. Category 1 prior violent offenses have a statutory maximum of 40 years or more while Category 2 prior violent offenses have a statutory maximum of less than 40 years.

  14. FY07 ComplianceCurrent and/or Prior Violent Offenses* *Note: Violent offenses are defined by §17.1-805. Category 1 prior violent offenses have a statutory maximum of 40 years or more while Category 2 prior violent offenses have a statutory maximum of less than 40 years.

  15. COMPLIANCE BY TYPE OF OFFENSE

  16. Guidelines Compliance by Primary OffenseFY2007

  17. 80% or higher Guidelines Compliance by Primary OffenseFY2007 • Rape – Mitigation (23%) • Most frequently cited reasons: • Plea agreement • Victim request • Robbery – Mitigation (28%) • Most frequently cited reasons: • Cooperation with law enforcement • Plea agreement • Recommendation of Commonwealth • Age of offender/DJJ Sentence

  18. NONVIOLENT RISK ASSESSMENT

  19. Nonviolent Risk Assessment

  20. NONVIOLENT RISK ASSESSMENT • Drug, Fraud, & Larceny • Purpose: To recommend alternative sanctions for offenders who are statistically less likely to recidivate

  21. Compliance Number of Cases Offense Mitigation Traditional Alternative Aggravation Drug 6% 59% 24% 11% 3,972 83% 8% 50% Fraud 37% 5% 1,177 87% Larceny 9% 73% 9% 9% 1,788 82% Cases 7% 61% 22% 10% 6,937 83% Sentencing Guidelines Compliance Rates for Nonviolent Offenders Screened with Risk Assessment FY2007 (n=6,937)

  22. SEX OFFENDER RISK ASSESSMENT

  23. Sex Offender Risk Assessment

  24. SEX OFFENDER RISK ASSESSMENT • Rape & Other Sexual Assault • Purpose: • To extend the upper end of the guidelines recommendation for sex offenders who are statistically more likely to recidivate

  25. SEX OFFENDER RISK ASSESSMENTFY2007

  26. Compliance Risk Assessment Level Number of Cases Mitigation Traditional Adjusted Aggravation No Level 24% 63% --- 13% 112 23% 60% Moderate Risk 15% 2% 47 75% High Risk 16% 45% 29% 10% 31 74% Very High Risk 25% 50% 25% 0% 4 75% Sentencing Guidelines Compliance Rates for Rape Offenders by Risk Assessment Levels FY2007 (n=194)

  27. Compliance Risk Assessment Level Number of Cases Mitigation Traditional Adjusted Aggravation No Level 13% 63% --- 24% 310 18% 57% Moderate Risk 17% 8% 120 74% High Risk 23% 61% 14% 2% 49 75% Very High Risk 18% 11 55% 27% 0% 82% Sentencing Guidelines Compliance Rates for Other Sexual Assault Offenders by Risk Assessment Levels FY2007 (n=490)

  28. JURY SENTENCING

  29. PERCENT OF FELONY SENTENCING EVENTS ADJUDICATED BY JURIESFY1986 – FY2007

  30. SENTENCING GUIDELINES COMPLIANCE IN JURY VS. NON-JURY CASESFY2007

  31. NEW GUIDELINE OFFENSES FY2007

  32. NEW GUIDELINE OFFENSES(effective 7/1/2006) • Fraud Worksheet • Uttering public record FRD-2535-F4 • Identity fraud, value >$200 FRD-2509-F6 • False application, public assistance FRD-2700-F5 • Traffic Worksheet • Eluding police with endangerment REC-6624-F6 • Miscellaneous Worksheet • Extortion, threat by letter, etc. EXT-2106-F6 • Arson, unoccupied dwelling ARS-2005-F4 • Escape from correctional facility ESC-4921-F6 • Weapons Worksheet • Discharge firearm from vehicle WPN-5248-F5 • Possess firearm on school property WPN-5252-F6 • False statement on consent form WPN-5281-F5 Added

  33. IDENTITY FRAUD > $200FY2007 (N=40)

  34. ELUDING POLICE WITH ENDANGERMENTFY2007 (N=421)

  35. FALSE STATEMENT ON WEAPON CONSENT FORMFY2007 (N=66) • Most Frequent Mitigating Reasons: • Minimal circumstances • Plea agreement • Lack of serious prior record • Recommendation of Commonwealth

  36. SENTENCING REVOCATION REPORTS & PROBATION VIOLATION GUIDELINES Preliminary FY2007

  37. Sentencing Revocation Report • For all felony violations: • Probation • Good Behavior • Suspended Sentence

  38. Number of Sentencing Revocation Reports Received by YearFY2004 – FY2007

  39. Number of Sentencing Revocation Reports (SRRs) Received by Circuit Circuit 4 (Norfolk) +152% • Technical & New Law Violations • Probation, Suspended Sentence, Good Behavior, etc., Violations • Current & Old Forms Circuit 15 (Fredericksburg Area) +42% Circuit 17 (Arlington) +55% Circuit 27 (Radford Area) +43%

  40. PROBATION VIOLATION GUIDELINES For NON-NEW CONVICTION PROBATION Violators FY2007

  41. FY2007 PROBATION VIOLATION GUIDELINESDO GUIDELINES APPLY?(N=11,362)

  42. Probation Violation Guidelines

  43. Number of Probation Violation Guidelines Received by YearFY2005 – FY2007

  44. Non-New Conviction Probation Violators by Type of Original Offense*FY2007 (n=5,584) 3.4% Sex Offenders 8.4% Other Person *Offense categories taken from “Appendix E: Offense Types” in the 3rd Edition of the Sentencing Revocation Report & Probation Violation Guidelines manual.

  45. Conditions Cited in Non-New Conviction Probation Violator Cases* FY2007 (n=5,584) Restitution/court costs 12% Substance abuse treatment 6% Alternative programs 3% Report for probation 1% Community service 1% Sex offender restrictions 1% *Percentages do not total 100% because there may be multiple violations cited for each defendant.

  46. Overall Probation Violation Guidelines Compliance and Direction of Departures(FY2005 – FY2008) N = 4,643 N = 4,860 N = 5,584 N = 327

  47. Probation Violation Guidelines Dispositional Compliance and Direction of DeparturesFY2007 Median Jail Sentence = 6 mos Median Prison Sentence = 22 mos

  48. Probation Violation Guidelines Durational Compliance and Direction of Departures*FY2007 Median Above 9 mos Median Below 9 mos *Includes cases recommended for jail or prison incarceration only.

  49. DEPARTURE REASONS

  50. Mitigation 789 of 1,685 have written departure reasons Most frequently cited: Progress in rehabilitating Recommendation of CA/PO Guidelines too high Alternative sentence Treatment Drug Court Detention/Diversion Mental/physical health Substance abuse problem Aggravation 591 of 1,312 have written departure reasons Most frequently cited: Prior record 2nd/subseq revocation Rehabilitation Failed given opportunity Needs rehab through jail Substance abuse problem Guidelines too low Fail to follow instructions Absconded Probation Violation Guidelines Most Frequently Cited Departure ReasonsFY2007

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