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Virginia Sentencing Guidelines Preliminary FY2014 Report September 8, 2014

Virginia Sentencing Guidelines Preliminary FY2014 Report September 8, 2014. FY 2014 - Cases Coded and Keyed*. *Keyed as of August 14, 2014 (Includes all forms received). 2. Preliminary FY2014 Report: General Compliance. 3.

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Virginia Sentencing Guidelines Preliminary FY2014 Report September 8, 2014

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  1. Virginia Sentencing GuidelinesPreliminaryFY2014 ReportSeptember 8, 2014

  2. FY 2014 - Cases Coded and Keyed* *Keyed as of August 14, 2014 (Includes all forms received) 2

  3. Preliminary FY2014 Report: General Compliance 3

  4. Preliminary FY2014 ReportJudicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. N=22,829 4

  5. Preliminary FY2014 ReportJudicial Agreement with Type of Recommended Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended. N=22,827 – Disposition missing in 2 cases 5

  6. Preliminary FY2014 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=16,117 (Incarceration recommended with a disposition of incarceration (missing 186) 6

  7. Preliminary FY2014 Report: Departure Reasons 7

  8. Preliminary FY2014 ReportMost Frequently Cited Departure Reasons Aggravation (n=2,342) Plea agreement 601 (26%**) Flagrancy of offense/facts of case 412 (18%**) Severity/type of prior record 346 (15%**) Poor rehabilitation potential 124 (5%**) Multiple counts involved in event 152 (7%**) Recommendation of jury 119 (5%**) SG Recommendation too low 92 (4%**) Offense involves drugs 86 (4%**) n=361 (15%) missing a departure reason Mitigation (n=2,487) Plea agreement 903 (36%*) Judicial discretion 242 (10%*) Cooperated with Authorities 210 (8%*) Sentenced to alternative 199 (8%*) Facts of the case 188 (8%*) Will serve sentence in other case 173 (7%*) Recommendation of CA 162 (7%*) n=391 (16%) missing a departure reason * Of mitigating cases requiring departure reason ** Of aggravating cases requiring departure reasons 8

  9. Preliminary FY2014 Report: Compliance by Circuit 9

  10. Preliminary FY2014 Sorted By Circuit Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 26 (Harrisonburg Area) -Circuit 2 (Virginia Beach) -Circuit 13 (Richmond) -Circuit 27 (Radford) FY 2013: 76%17% 7% FY 2013: 74%19% 8% Compared to FY2013 Annual Report Compliance Changes of 4% or More FY 2013: 76%11% 13% 10

  11. Preliminary FY2014 Sorted By Compliance Highest aggravation: -Circuit 30 (Lee Area) 17.7% Highest mitigation: -Circuit 13 (Richmond City) 22.6% 11

  12. Preliminary FY2014 Report: Compliance by Offense Type 12

  13. Preliminary FY2014 ReportCompliance by Type of Offense 5,708 1,895 1,584 1,331 6,352 417 1,297 656 424 439 175 99 557 998 708 189 FY2013 82.7% 84.4% 79.1% 83.2% 80.8% 77.4% 73.8% 74.5% 75.8% 74.8% 61.9% 69.1% 68.0% 65.0% 65.6% 66.4% Larceny Fraud Traffic Drug-Oth Drug-I/II Misc-Oth Assault Weapon Burg-Oth Misc-PP Rape Kidnap Sex-Asl Burg-Dwel Robbery Murder 13

  14. Preliminary FY2014 Report: Additions/Changes Effective July 1, 2013 14

  15. Nonviolent Risk AssessmentEffective July 1, 2013 • 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. 15

  16. Preliminary FY2014 ReportNonviolent Risk Assessment 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, 2004 Score 35  38 16

  17. Preliminary FY2014 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 17

  18. Drug/Schedule I/II or Drug Other Fraud and Larceny 18

  19. Preliminary FY2014 ReportNonviolent Offenders Eligible for Risk Assessmentby Type of Offense Larceny 39.6% Drug Other 8.8% Fraud 13.0% 15,286 Drug, Fraud & Larceny Cases - 9,637 Excluded: Ineligible, Errors, 1994 Missing 5,649 Analyzed 19

  20. Preliminary FY2014Nonviolent Offenders Eligible for Risk Assessment Compliance Number of Cases Offense Mitigation Alternative Traditional Aggravation Previous Version 28% 37% 10% 22% Drug 7% 26% 84% 58% 9% 2,679 Fraud 11% 22% 84% 62% 5% 733 Larceny 8% 8% 86% 78% 6% 2,237 All Risk Cases 8% 18% 85% 67% 7% 5,649 N=5,647, 2 Missing Alternative Info 20

  21. Preliminary FY2014Nonviolent Offenders Eligible for Risk Assessment Recommended and Received an Alternative 18.1% n= 1,025 Recommended and Incarcerated 29.5% n= 1,664 Not Recommended and Received Alternative 14.0% n= 791 Not Recommended and Incarcerated 38.4% n= 2,167 Of offenders recommended for alternative sanctions, the proportion who received an alternative Previous VersionCurrent Version 42% 38% N=5,647, 2 Missing Alternative Info 21

  22. Mandatory Minimum FactorEffective July 1, 2013 • 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. 22

  23. Worksheets Modified: 23

  24. Preliminary FY2014 ReportNew Mandatory Minimum Factor Added Effective July 1, 2013 332 cases: Points on section A added for the new mandatory minimum factor 24

  25. Burglary With Murder or Malicious WoundingEffective July 1, 2013 • 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. 25

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  27. Preliminary FY2014 ReportNew Factor for Additional Offense of Murder or Malicious Wounding Effective July 1, 2013 27

  28. Vehicular Involuntary ManslaughterEffective July 1, 2013 • 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. 28

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  30. Preliminary FY2014 ReportVehicular Involuntary Manslaughter Modified Effective July 1, 2013 Probation n=2 12.5%* Jail n=2 12.5% Median Sentence 12 months Prison n=12 75.0% Median Sentence 7 years * May include offenders sentenced to time served 30

  31. Larceny With Intent to SellEffective July 1, 2013 • 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. 31

  32. Preliminary FY2014 ReportNew Larceny Offenses Added Effective July 1, 2013 33

  33. Sentencing Revocation Reports &Probation Violation Guidelines (FY2014)

  34. 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 35

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

  36. Sentencing Revocation Reports Received by Judicial Circuit FY2014 (Preliminary) • Highest Number Received • Circuit 4 - Norfolk (n=770) • Circuit 29 - Buchanan Area (n=699) • Circuit 1 - Chesapeake (n=640) • Circuit 15 - Fredericksburg Area (n=606) • Circuit 22 - Danville (N=604) 37 • * Includes all forms received, including those found not in violation or missing information, 1 missing circuit

  37. Sentencing Revocation Reports Received for Technical and New Law Violations*FY1998 - FY2014 (Preliminary) 51.44% 49.56% *Note: FY14 includes cases received by July 1, 2014 for cases found in violation with no missing conditions (Data from May and June 2014 are incomplete)

  38. Sentencing Revocation Reports Received for Technical and New Law Violations*Calendar Year 2008 - 2013 52.2% 47.8% *Note: FY14 includes cases received by July 1, 2014 for cases found in violation with no missing conditions (May Sentencing Events)

  39. Sentencing Revocation Reports ReceivedDispositions for Technical and New Law ViolationsFY2014 (Preliminary) Actual Disposition Received Probation Jail <= 12 mos. Prison >= 1yr. TECHNICAL VIOLATOR 1,150 (23%) 2,508 (49%)1,413 (28%) NEW LAW VIOLATOR 996 (19%) 2,237 (43%) 1,936 (38%) TOTAL* 2,146 (21%) 4,745 (46%) 3,349 (33%) * n=10,240 Sentencing information was missing for 250 cases 40

  40. Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime FY2014 (Preliminary) Cases = 5,291

  41. Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime FY2014 (Preliminary) Seriousness Index Number Percent Felonies Traffic Infractions Misdemeanors Type Not Clear

  42. Sentencing Revocation Reports Received by Type of Violation and Sanction ReceivedFY2014 (Preliminary) Prison Median 1.5 yrs. Median 1.8 yrs. Median 2.0 yrs. Jail Median 5 mos. Median 6 mos. Median 6 mos. Probation n=5,071 Technical , n=2,330 New Misdemeanor, 2,255 New Felony , 584 Missing

  43. Sentencing Revocation Reports Received FY2014 (Preliminary) Violator Type Unknown 113 Found Not in Violation 169 * 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.

  44. Probation Violation Guidelines Cases – “Technicals”by Type of Original Offense FY2014 (Preliminary) N = 4,474

  45. Types of Violations Cited in Probation Violation Guidelines Cases – “Technicals”FY2014 (Preliminary) Financial 45% Substance abuse treatment 28% Alternative programs 8% Sex offender restrictions 7% Percentages do not total 100% because there may be multiple violations cited for each defendant N = 4,474

  46. FY2006-FY2007 Worksheet FY2008-2014 Worksheet New factors were added Existing factors were adjusted Point values were increased

  47. Probation Violation Guidelines – “Technicals” Compliance by Fiscal YearFY2005 – FY2014 (Preliminary) N = 3,140 N = 4,905 N = 5,920 N = 5,024 N = 4,486 N = 4,223 N = 4,763 N = 4,482 N = 4,659 N = 4,474* *Note: FY14 includes cases received by July 1, 2014 for cases found in violation with no missing conditions (May Sentencing Events)

  48. Probation Violation Guidelines Dispositional Compliance :Recommended Disposition by Actual DispositionFY2014 (Preliminary) Median Jail Sentence 6 months Median Prison Sentence 1 yr. 10 mo. N = 4,474

  49. Preliminary FY2014 Sorted By Circuit Most cases received: -Circuit 22 (Danville Area) -Circuit 15 (Fredericksburg Area) -Circuit 29 (Buchanan Area) -Circuit 26 (Harrisonburg Area) -Circuit 4 (Norfolk) n=4,474 50

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