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Virginia Sentencing Guidelines Preliminary FY2014 Report April 14, 2014

Virginia Sentencing Guidelines Preliminary FY2014 Report April 14, 2014. FY 2014 - Cases Coded and Keyed*. *Keyed as of March 13, 2014. 2. Preliminary FY2014 Report: General Compliance. 3. Preliminary FY2014 Report Judicial Agreement with Guideline Recommendations. General Compliance:

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Virginia Sentencing Guidelines Preliminary FY2014 Report April 14, 2014

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  1. Virginia Sentencing GuidelinesPreliminaryFY2014 ReportApril 14, 2014

  2. FY 2014 - Cases Coded and Keyed* *Keyed as of March 13, 2014 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=12,661 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=12,661 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=9,070 6

  7. Preliminary FY2014 Report: Departure Reasons 7

  8. Preliminary FY2014 ReportMost Frequently Cited Departure Reasons 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 * Of mitigating cases requiring departure reason ** Of aggravating cases requiring departure reasons 8

  9. Preliminary FY2014 Report: Compliance by Circuit 9

  10. Preliminary FY2014 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 13 (Richmond) -Circuit 2 (Virginia Beach) -Circuit 26 (Harrisonburg Area) 10

  11. Preliminary FY2014 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 13 (Richmond) -Circuit 2 (Virginia Beach) -Circuit 26 (Harrisonburg Area) Highest compliance: -Circuit 20 (Loudoun Area) 87.2% Lowest compliance: -Circuit 13 (Richmond City) 71.0% 11

  12. Preliminary FY2014 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 13 (Richmond) -Circuit 2 (Virginia Beach) -Circuit 26 (Harrisonburg Area) 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% 12

  13. Preliminary FY2014 Report: Compliance by Offense Type 13

  14. 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 14

  15. Preliminary FY2014 Report: Additions/Changes Effective July 1, 2013 15

  16. 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. 16

  17. 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 17

  18. 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 18

  19. Drug/Schedule I/II or Drug Other Fraud and Larceny 19

  20. Preliminary FY2014 ReportNonviolent Offenders Eligible for Risk Assessmentby Type of Offense Larceny 37.3% Fraud 12.4% Drug Other 8.8% 8,385 Drug, Fraud & Larceny Cases - 5,454 Excluded: Ineligible, Errors, 1090 Missing 2,931 Analyzed 20

  21. Preliminary FY2014Nonviolent Offenders Eligible for Risk Assessment Compliance Number of Cases Offense Mitigation Alternative Traditional Aggravation Drug 6% 25% 85% 60% 9% 1,401 Fraud 11% 22% 85% 63% 4% 368 Larceny 8% 8% 87% 79% 6% 1,162 All Risk Cases 7% 18% 86% 68% 7% 2,931 21

  22. Preliminary FY2014Nonviolent Offenders Eligible for Risk Assessment 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 22

  23. 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. 23

  24. Worksheets Modified: 24

  25. Preliminary FY2014 ReportNew Mandatory Minimum Factor Added Effective July 1, 2013 175 cases: Points on section A added for the new mandatory minimum factor 25

  26. 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. 26

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  28. Preliminary FY2014 ReportNew Factor for Additional Offense of Murder or Malicious Wounding Added Effective July 1, 2013 28

  29. 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. 29

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  31. 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 31

  32. 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. 32

  33. Preliminary FY2014 ReportNew Larceny Offenses Added Effective July 1, 2013 34

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