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Virginia Sentencing Guidelines Preliminary FY2013 Report June 10, 2013

Virginia Sentencing Guidelines Preliminary FY2013 Report June 10, 2013. FY 2013 - Cases Coded and Keyed. *11,553 certified for compliance analysis . Preliminary FY2013 Report Guideline Worksheets Keyed as of 05/31/2013 (n=11,553). 3. Preliminary FY2013 Report: General Compliance.

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Virginia Sentencing Guidelines Preliminary FY2013 Report June 10, 2013

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  1. Virginia Sentencing GuidelinesPreliminary FY2013 ReportJune 10, 2013

  2. FY 2013 - Cases Coded and Keyed *11,553 certified for compliance analysis

  3. Preliminary FY2013 ReportGuideline Worksheets Keyed as of 05/31/2013(n=11,553) 3

  4. Preliminary FY2013 Report: General Compliance

  5. Preliminary FY2013 ReportJudicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. N=11,553 5

  6. Preliminary FY2013 ReportJudicial Agreement with Type of Recommended Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended. N=11,553 6

  7. Preliminary FY2013 ReportJudicial 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 below midpoint N=7,856 7

  8. Preliminary FY2013 Report: Departure Reasons

  9. Preliminary FY2013 ReportMost Frequently Cited Departure Reasons Aggravation (n=1130) Plea agreement 292 (18%**) Flagrancy of offense/facts of case 156 (14%**) Severity/type of prior record 141 (13%**) Multiple counts involved in event 70 (6%**) Poor rehabilitation potential 67 (6%**) SG Recommendation too low 58 (5%**) Recommendation of jury 54 (5%**) Sentenced to alternative 49 (4%**) n=264 (23%) missing a departure reason Mitigation (n=1347) Plea agreement 490 (37%*) Sentenced to alternative 118 (9%*) Judicial discretion 107 (8%*) Cooperated with Authorities 107 (8%*) Facts of the case 91 (7%*) Recommendation of CA 89 (7%*) Court Proceeding: Serve sentence in other case 81 (6%*) No or limited prior record 61 (3%*) n=304 (23%) missing a departure reason * Of mitigating cases requiring departure reason ** Of aggravating cases requiring departure reasons 9

  10. Preliminary FY2013 Report: Compliance by Circuit

  11. Preliminary FY2013 Most cases received: -Circuit 26 (Harrisonburg Area) -Circuit 15 (Fredericksburg Area) -Circuit 13 (Richmond) 11

  12. Preliminary FY2013 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 26 (Harrisonburg Area) -Circuit 13 (Richmond) Highest compliance: -Circuit 20 (Loudoun Area) 88.4% -Circuit 27 (Radford Area) 87.5% Lowest compliance: -Circuit 29 (Buchanan Area) 71.1% Circuit 3 (Portsmouth) 71.3% Circuit 13 (Richmond) 71.4% 12

  13. Preliminary FY2013 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 26 (Harrisonburg Area) -Circuit 13 (Richmond) Highest compliance: -Circuit 20 (Loudoun Area) 88.4% -Circuit 27 (Radford Area) 87.5% Lowest compliance: -Circuit 29 (Buchanan Area) 71.1% Circuit 3 (Portsmouth) 71.3% Circuit 13 (Richmond) 71.4% Highest aggravation: -Circuit 22 (Danville Area) 19.2% Highest mitigation: -Circuit 13 (Richmond City) 21.4% 13

  14. Preliminary FY2013 Report: Compliance by Offense Type

  15. Preliminary FY2013 ReportCompliance by Type of Offense 1,082 2,774 718 3,115 818 238 402 268 686 117 276 567 368 75 49 15

  16. Preliminary FY2013 ReportCompliance by Type of Offense • Highest Mitigation Rates • Robbery (22.3%) n=82 • Most frequent departure reasons: • Plea agreement • Cooperation with authorities • CA/Joint recommendation • Kidnapping (20.4%) n=10 • Most frequent departure reasons: • Plea agreement • Offender’s health • CA/Joint recommendation • Highest Aggravation Rate • Murder(21.4%) n=11 • Most frequent departure reasons: • Flagrancy of the offense • Vulnerability of victim • Jury recommendation • Rape (20.0%) n=13 • Most frequent departure reasons: • Flagrancy of the offense • Vulnerability of victim • Recommendation of jury 1,082 2,774 718 3,115 818 238 402 268 686 117 276 567 368 75 49 16

  17. Preliminary FY2013 Report: Nonviolent Offender Risk Assessment

  18. Preliminary FY2013 ReportNonviolent Risk Assessment • 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 18

  19. Nonviolent Offender Risk Assessment 19

  20. 1 0 1 4 7 20

  21. Preliminary FY2013 ReportNonviolent Offenders Eligible for Risk Assessmentby Type of Offense 7,689 Drug, Fraud & Larceny Cases - 4,601 Excluded: Ineligible, Errors, 1260 Missing 3,088 Analyzed 21

  22. Preliminary FY2013Nonviolent Offenders Eligible for Risk Assessment Compliance Number of Cases Offense Mitigation Alternative Traditional Aggravation Drug 7% 28% 84% 56% 9% 1,451 Fraud 8% 37% 88% 51% 4% 496 Larceny 8% 11% 86% 75% 6% 1,141 All Risk Cases 8% 23% 85% 62% 7% 3,088 22

  23. Preliminary FY2013Nonviolent Offenders Eligible for Risk Assessment Recommended and Received an Alternative 22.8% n= 703 Recommended and Incarcerated 30.4% n= 937 Not Recommended and Received Alternative 12.4% n= 382 Not Recommended and Incarcerated 34.5% n= 1,065 23

  24. Preliminary FY2013 ReportMost Frequent Sanctions Imposed in Risk Assessment CasesRecommended for and Receiving Alternative Sanctions Median 7 months 24

  25. Preliminary FY2013 Report: Sex Offender Risk Assessment

  26. SEX OFFENDER RISK ASSESSMENT

  27. Preliminary FY2013 ReportSex Offender Risk Assessment Risk assessment incorporated into the guidelines for Rape & Other Sexual Assault Purpose: To extend the upper end of the guidelines recommendation for sex offenders who are statistically more likely to recidivate Enhancements • Level 1 = 300% Increase in upper end of guidelines range • Level 2 = 100% Increase in upper end of guidelines range • Level 3 = 50% Increase in upper end of guidelines range 27

  28. Level 3 50% Level 2 100% Level 1 300%

  29. Preliminary FY2013 ReportSex Offender Risk Assessment Outcomes * Excludes Other Sexual Assault cases missing risk assessment and cases in which risk assessment is not applicable (e.g., child pornography and child solicitation offenses) ** Excludes Rape cases missing risk assessment 29

  30. Preliminary FY2013 ReportCompliance Rates by Risk Level for Rape Offenders(n=74*) Compliance Number of Cases Risk Level Mitigation Traditional Adjusted Aggravation Very High Risk 0% 100% 0% 0% 2 100% High Risk 27% 53% 7% 13% 15 60% Moderate Risk 0% 81% 13% 6% 16 94% No Level 20% 51% 29% 41 --- 51% 30

  31. Preliminary FY2013ReportCompliance Rates by Risk Level for Other Sexual Assault Offenders(n=173*) Compliance Number of Cases Risk Level Mitigation Adjusted Aggravation Traditional Very High Risk 0% 0% 0% 0% 0 0% High Risk 11% 56% 33% 0% 18 89% Moderate Risk 7% 74% 12% 7% 42 86% No Level 11% 59% --- 30% 113 59% * Excludes Other Sexual Assault cases missing risk assessment and cases in which risk assessment is not applicable (e.g., child pornography and child solicitation offenses) 31

  32. Preliminary FY2013 Report: Jury Sentencing

  33. FY1986 – Preliminary FY2013Percentage of Guidelines Cases Adjudicated by Jury TrialsParole System versus Truth-in-Sentencing System Parole System Truth-in-Sentencing Fiscal Year 33

  34. Preliminary FY2013 ReportJury Recommendation vs. Non-Jury Sentencing Median departure 2 years and 9 months above high end of guidelines range 34

  35. Preliminary FY2013 Report: Additions/Changes to the Guidelines Effective July 1, 2013 35

  36. Preliminary FY2013 ReportAdditions/Changes to the Guidelines Effective July 1, 2013

  37. Virginia Sentencing GuidelinesPreliminary FY2013 ReportJune 10, 2013

  38. Sentencing Revocation Reports &Probation Violation Guidelines (FY2012)

  39. Sentencing Revocation Report is completed for all cases involving felony violations of: • Probation • Post-release terms administered by the court • Good behavior • Suspended sentence • Community-based programs

  40. New Law Violation: Condition 1 Technical Violations: Conditions 2 – 11 & Special Conditions

  41. Sentencing Revocation Reports Received for Technical and New Law ViolationsFY1998 - FY2012 (Preliminary) 53% 47% Note: FY12 includes cases received by September 1, 2012

  42. Sentencing Revocation Reports Received by Judicial Circuit FY2012 (Preliminary) • Highest Number Received • Circuit 4 - Norfolk • Circuit 29 - Buchanan Area • Circuit 15 – Fredericksburg Area • * Includes all forms received, including those found not in violation or missing information

  43. Sentencing Revocation Reports ReceivedDispositions for Technical and New Law ViolationsFY2012 (Preliminary) Actual Disposition Received Probation Jail <= 12 mos. Prison >= 1yr. NEW LAW VIOLATOR 1124 (21%) 2348 (43%) 1937 (36%) TECHNICAL VIOLATOR 1155 (24%) 2521 (52%) 1176 (24%) TOTAL* 2279 (22%) 4869 (48%) 3113 (30%) *The disposition was missing in 249 cases 6

  44. Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime FY2012 (Preliminary) Cases = 5,536 The disposition was missing in 127 cases

  45. Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime FY2012 (Preliminary) VCC ID FrequencyPercent Missing 512 9.2 A1 1 .0 A2 3 .1 A3 4 .1 A5 3 .1 A6 7 .1 A9 16 .3 C4 1 .0 C6 3 .1 C9 16 .3 F2 11 .2 F3 51 .9 F4 42 .8 F5 491 8.9 F6 802 14.5 F9 1080 19.5 I9 23 .4 M1 1962 35.4 M2 65 1.2 M3 13 .2 M4 157 2.8 M9 150 2.7 S9 123 2.2 Total 5536 100.0 Felonies Traffic Infractions Misdemeanors Type Not Clear

  46. Sentencing Revocation Reports Received by Type of Violation and Sanction ReceivedFY2012 (Preliminary) Prison Median 1.75 yrs. Median 1.7 yrs. Median 2.0 yrs. Jail Median 5 mos. Median 6 mos. Median 6 mos. Probation

  47. Sentencing Revocation Reports Received FY2012 (Preliminary) Violator Type Unknown 167 Found Not in Violation 178 * Cases are not included in compliance analysis if the guidelines do not apply (the case involves a parole-eligible offense, first offender violation, misdemeanor original offense, or the offender was not on supervised probation), if the guidelines forms were incomplete, or if outdated forms were prepared.

  48. Probation Violation Guidelines Cases – “Technicals”by Type of Original Offense FY2012 (Preliminary)

  49. Types of Violations Cited in Probation Violation Guidelines Cases – “Technicals”FY2012 (Preliminary) Financial 48% Substance abuse treatment 23% Alternative programs 9% Sex offender restrictions 5% Percentages do not total 100% because there may be multiple violations cited for each defendant

  50. FY2006-FY2007 Worksheet FY2008-2012 Worksheet New factors were added Existing factors were adjusted Point values were increased

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