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Administration Topics

Administration Topics. Training Update| User Comments | Possible Revisions. Training Update. Schedule| Seminars| User Comments. Training. Seminars offered Locations Attendance Future seminars New 1 hour course for judges.

cheryl-vazquez
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Administration Topics

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  1. Administration Topics Training Update| User Comments | Possible Revisions

  2. Training Update Schedule| Seminars| User Comments

  3. Training • Seminars offered • Locations • Attendance • Future seminars • New 1 hour course for judges

  4. Introduction to Sentencing Guidelines – Spring/Summer 20136 hours, Approved 6 CLE 9 Seminars in 6 Locations • Seminars Include: • Attorneys and Criminal Justice Professionals • General Information on Sentencing Guidelines • Scoring each Guidelines Factor • Primary Offense • Instant Offense Factors • Prior Record Factors • Risk Assessment Instruments • Probation Violation Guidelines

  5. 44 Seminars in 24 Locations What’s New 2013 Seminar2 hours, Approved 2 CLE Charlottesville Keysville Danville Lynchburg Chesterfield Fairfax Arlington Winchester Warsaw Portsmouth Emporia • Seminar Includes: • Experienced users of Sentencing Guidelines • New laws from the 2013 General Assembly • Updated VCCs • New Offenses Covered by Guidelines • Increased Scores on Certain Worksheets • Non-Violent Offender Risk Assessment • Label changes to Sentencing Guidelines Chesapeake Accomack Williamsburg Fredericksburg Abingdon Big Stone Gap Radford Roanoke Henrico Hampton Virginia Beach Harrisonburg Richmond

  6. Rollup • 60 total Seminars • 750 Attorneys, Probation and Parole Officers and Criminal Justice Professionals trained With more to come…

  7. Fall 2013: Advanced Sentencing Guidelines and Ethical Hypotheticals6 hours, Approved 6 CLE, 1 hour of Ethics 7 Seminars in 7 Locations • Seminars Include: • Experienced users of Sentencing Guidelines • Discussion-oriented Seminar • State Bar leads Discussion on Ethical Issues Relating to the Guidelines • Various Guidelines Issues • Victim Injury • Weapons Factors • Out of State Prior Record • Order of Sentencing

  8. Fall 2013: Refresher – Regional Guidelines Topics3 hours, Approved 3 CLE 7 Seminars in 4 Locations • Seminars Include: • Experienced users of Sentencing Guidelines • Interactive Session; Participants Guide Topics Covered • Issues Identified by Audits • Factor Bargaining • Selecting Primary Offense • Legal Restraint • Out of State Prior Record • Deferred Finding

  9. Introduction to Sentencing Guidelines – December 2013 4 Seminars in 4 Locations • Seminars Include: • Attorneys and Criminal Justice Professionals • General Information on Sentencing Guidelines • Scoring each Guidelines Factor • Primary Offense • Instant Offense Factors • Prior Record Factors • Risk Assessment Instruments • Probation Violation Guidelines

  10. Comments From the Field

  11. Possible Topics for Revisions User Comments| Seminars| Hotline

  12. Possible Topics for Revisions (1) Felony Synthetic Marijuana

  13. Possible Topics for Guidelines Revisions (1) • Add Felony Synthetic Marijuana Offense(s) • § 18.2-248.1:1 (C) - Distribute synthetic cannabinoids • § 18.2-248.1:1 (D) - Distribute synthetic cannabinoids to inmate • § 18.2-248.1:1 (E) - Manufacture synthetic cannabinoids • § 18.2-255(A,i) - Distribute synthetic cannabinoids to minors • Effective: March 23, 2011 Determine if there are enough convictions to develop historically based worksheets

  14. Possible Topics for Revisions (2) Fraud and Larceny Worksheets

  15. Possible Topics for Guidelines Revisions (2) • Analyze the Interaction Between Fraud and Larceny Worksheets • Scenario: Obtain Money by False Pretense (§ 18.2-178) & Grand Larceny (§ 18.2-95) • Grand larceny is the primary offense because grand larceny scores more points on Section C than false pretense. • With grand larceny as the primary, the recommendation is a short jail sentence. • With false pretense scored as the primary, the recommendation is a prison sentence. Identify any systematic scoring issues and propose possible solutions to better reflect historical sentencing

  16. Possible Topics for Revisions (3) Prescription Fraud

  17. Possible Topics for Guidelines Revisions (3) • Reevaluate Prescription Fraud (§ 18.2-258.1) • Guidelines for this offense were last revised January 1995. • Users requested a review based on increases in number of convictions.

  18. Possible Topics for Guidelines Revisions (3) Number of Counts Number of Worksheets Submitted

  19. Possible Topics for Guidelines Revisions (3) • Reevaluate Prescription Fraud (§ 18.2-258.1) • FY2013 Compliance (Preliminary) Identify any change in sentencing patterns and propose modifications to better reflect historical sentencing

  20. Possible Topics for Revisions (4) Burglary Worksheets

  21. Possible Topics for Guidelines Revisions (4) • Review Burglary Guidelines (§§ 18.2-89 -18.2-94) • FY 2013 Compliance (Preliminary) Burglary Dwelling Burglary Other Structure Mitigation 20.0% Mitigation 11.3% Aggravation 14.7% Aggravation 11.8% Compliance 65.3% Compliance 76.9%

  22. § 17.1-805. Adoption of initial discretionary sentencing guideline midpoints. — A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements: 1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of § 18.2-61, forcible sodomy, object sexual penetration, and aggravated sexual battery, shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life; 2. The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; 3. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving or distributing, or possessing with the intent to manufacture, sell, give or distribute a Schedule I or II controlled substance shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and 4. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years, and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.

  23. Possible Topics for Guidelines Revisions (4) • Review Burglary Guidelines (§§ 18.2-89 -18.2-94) • FY 2013 Compliance (Preliminary) Identify any systematic scoring issues and propose possible solutions to better reflect historical sentencing

  24. Possible Topics for Revisions (5) Child Solicitation and Child Pornography

  25. Possible Topics for Guidelines Revisions (5) • Reanalyze Child Solicitation & Child Pornography Offenses (§§ 18.2-374.1, 18.2-374.1:1, 18.2-374.3) • Guidelines were established for child pornography offenses on July 1, 2007 • The same year, the child pornography statutes were amended to include increased penalties and mandatory minimums.

  26. July 1, 2007, statutory maximums were changed, mandatory minimums and age specific elements were added to the child pornography statutes. Guidelines were developed based on statutes in place prior to July 1, 2007.

  27. Possible Topics for Guidelines Revisions (5) • Reanalyze Child Solicitation & Child Pornography Offenses (§§ 18.2-374.1, 18.2-374.1:1, 18.2-374.3) • User Concerns • Production of child porn is assigned fewer points than possession of child porn on Section A • Production carries a statutory maximum of 20, 30, or 40 years and is often the primary offense • Possession of child porn, subsequent offense, has a statutory maximum of 10 years • In some scenarios, the guidelines will recommend a jail sentence of 6 months or less • In most scenarios, the guidelines recommendation will be replaced by the mandatory minimum • Professed sex addict with one count each of possessing child porn and distributing child porn results in a probation recommendation • Scoring the number of images inflate the guidelines recommendation • Note: An image with a child less than age 13 always goes to Section C

  28. Possible Topics for Guidelines Revisions (5) • Reanalyze Child Solicitation & Child Pornography Offenses (§§ 18.2-374.1, 18.2-374.1:1, 18.2-374.3) • FY 2013 Compliance (Preliminary) Mitigation 16.3% Aggravation 21.1% Compliance 62.6% Identify any change in sentencing patterns and propose modifications to better reflect historical sentencing

  29. Possible Topics for Revisions Proceed with Research | Any Suggestions | Other Topics

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