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Review of Guidelines Worksheet Structure - Research Proposal

Review of Guidelines Worksheet Structure - Research Proposal. Sentencing Guidelines Design. Conviction. Section A: Prison In/Out Recommendation. No Prison. Prison. Section C: Prison Sentence Length Recommendation. Section B: Probation/Jail Recommendation. Probation. Jail.

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Review of Guidelines Worksheet Structure - Research Proposal

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  1. Review of Guidelines Worksheet Structure - Research Proposal

  2. Sentencing Guidelines Design Conviction Section A: Prison In/Out Recommendation No Prison Prison Section C: Prison Sentence Length Recommendation Section B: Probation/Jail Recommendation Probation Jail

  3. Prison v. Jail Sentences • The definition of what constitutes a prison (state-responsible) sentence versus a jail (local-responsible) sentence has changed several times since 1990.

  4. Prison v. Jail Sentences 1990 1992 1994 1996 1998 2000 2002 Abolition of parole Prison - more than 6 mos. Jail - 6 mos. or less Prison* - 1 yr. or more Jail* - 12 mos. or less Prison - 1 yr. or more Jail - 12 mos. or less Prison - more than 2 yrs. Jail - 2 yrs. or less Prison - 1 yr. or more Jail - less than 1 yr. Structure of current guidelines * policy of Virginia Department of Corrections

  5. Current Sentencing Guidelines Structure Conviction Section A: Incarceration > 6 months Yes/No Recommendation No Yes Section C: Sentence Length Recommendation - Incarceration > 6 months Section B: Probation or Incarceration up to 6 months Recommendation Probation Incarceration Up to 6 months

  6. Current Sentencing Guidelines Structure • The existing sentencing guidelines structure has been out of sync with the definition of a prison sentence since 1998. • The Commission has never formally reviewed the impact of this inconsistency. • Judicial practices related to the imposition of jail versus prison sanctions have not been fully explored since the change in definition occurred.

  7. Truth-in-Sentencing/No Parole System • Under the truth-in-sentencing/no-parole system, felons must serve at least 85% of the effective sentence no matter where they are physically housed. • There is no longer a difference between jail and prison in the percent of sentence served by felons. • There may be different factors, however, that judges consider when deciding whether to sentence an offender to a jail versus prison term.

  8. Research Proposal • Staff proposes performing exploratory analysis to examine: • the impact of the inconsistency between the structure of the guidelines and the definition of a prison sentence, • the differences in jail versus prison sanctioning decisions, and • the feasibility of simplifying the guidelines while maintaining statistical power of the sentencing models.

  9. Research Proposal • Study the possibility of revising worksheets to reflect current definition of a prison inmate: • Section A- In/Out (Incarceration 1 Year or More) • Section B- Prob. or Incarceration up to 12 Months • Section C- Sentence Length (1 Year or More) • Study the possibility of reducing the number of worksheets from 3 to 2: • Section A- Incarceration In/Out • Section B- Sentence Length • Driven by the data

  10. Data Source(s) • Sentencing analysis utilizes the Pre/Post-Sentence Investigation (PSI) data system. • PSI information is collected and maintained by the Department of Corrections (DOC). • Probation and parole officers prepare PSIs and submit to DOC central office.

  11. Data Source(s) • A PSI, however, is not completed on every felon convicted in circuit court. • Cases that do not result in a prison term or term of supervised probation will not have a PSI. • There is a new mini-PSI option (2006 General Assembly) that will reduce the amount of data reported.

  12. Data Source(s) • When a pre-sentence report is not ordered, there is a considerable time lag between sentencing and preparation of the post-sentence report. • Due to delay in submission of post-sentence reports, data for a given year will be incomplete for a lengthy period.

  13. Supplementing PSI data • Without supplementing the data, the data does not fully represent all felony cases sentenced in circuit court. • Certain cases are more likely to go without a PSI (e.g., larceny). • Potential for bias exists. • Since 1985, PSI data has been supplemented. • Method of supplementing data has evolved. • Today, sentencing guidelines data are used to identify felony cases that do not have a PSI in the system.

  14. Research Proposal – Work Plan • With the Commission’s approval, staff would conduct this exploratory analysis over the summer. • Staff would report back to the Commission at the September 2006 meeting.

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