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FY2008

FY2008. Sentencing Revocation Reports & Probation Violation Guidelines. Page 1. Sentencing Revocation Report For all felony violations of: Probation Good Behavior Suspended Sentence FY2008 11,631 revocations (including probation, good behavior, etc.). Page 2. FY2006 – FY2008

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FY2008

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  1. FY2008 Sentencing Revocation Reports & Probation Violation Guidelines Page 1

  2. Sentencing Revocation Report • For all felony violations of: • Probation • Good Behavior • Suspended Sentence • FY2008 • 11,631 revocations (including probation, good behavior, etc.) Page 2

  3. FY2006 – FY2008 Sentencing Revocation Reports (SRRs) by Judicial Circuit • Highest Number Received FY06-08 • Norfolk (Circuit 4) • Chesapeake (Circuit 1) • Richmond (Circuit 13) • Fairfax (Circuit 19) Page 3

  4. FY2006 – FY2008 Sentencing Revocation Reports (SRRs) by Judicial Circuit • Highest Number Received FY06-08 • Norfolk (Circuit 4) • Chesapeake (Circuit 1) • Richmond (Circuit 13) • Fairfax (Circuit 19) • Largest increase from FY07 to FY08 • Lee Area (Circuit 30) +196% • Richmond (Circuit 13) +32% • Hampton (Circuit 8) +30% Page 3

  5. FY2008 Sentencing Revocation Reports *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original offense, or the offender was not on supervised probation), if the guidelines forms were incomplete, or if outdated forms were prepared. Page 4

  6. FY2008 Reasons Cases Excluded from Probation Violation Guidelines Compliance Analysis(n=6,309) *Percentages do not total 100% because there may be multiple reasons that cases cannot be used in compliance analysis. Page 5

  7. FY2008 Sentencing Revocation Reports *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original offense, or the offender was not on supervised probation), if the guidelines forms were incomplete, or if outdated forms were prepared. Page 6

  8. FY2008 Probation Violation Guideline Cases by Type of Original Offense* n=5,067 3.5% Sex Offenders 9.4% Other Person *Offense categories from “Appendix E: Offense Types” in the 3rd Edition Sentencing Revocation Report & Probation Violation Guidelines manual. Page 7

  9. FY2008 Conditions Cited in Probation Violation Guidelines Cases* n=5,067 Restitution/court costs 13% Substance abuse treatment 6% Alternative programs 5% Sex offender restrictions 1% Report for probation 1% *Percentages do not total 100% because there may be multiple violations cited for each defendant. Page 8

  10. New factors were added Existing factors were adjusted Point values were increased FY2006-FY2007 Worksheet FY2008 Worksheet Page 9

  11. FY2005 – FY2008Probation Violation Guidelines Compliance and Direction of Departures N = 4,643 N = 4,860 N = 5,584 N = 5,067 7.4% Page 10

  12. FY2008 Probation Violation Guidelines Dispositional Compliance and Direction of Departures Median Jail Sentence 6 mos Median Prison Sentence 18 mos Page 11

  13. FY2008 Probation Violation Guidelines Durational Compliance and Direction of Departures* Above high end of range by median of 9 months Up from 49.5% in FY07 Below low end of range by median of 6 months *Includes cases recommended for jail or prison incarceration only. Page 12

  14. Mitigation (24.7%) 663 of 1,251 have written departure reasons Most frequently cited: Alternative sanction Drug Treatment Detention/Diversion Judicial discretion Time served sufficient Serving time in another case Progress in rehabilitation Plea agreement Offender’s health Substance abuse issues Aggravation (21.6%) 679 of 1,095 have written departure reasons Most frequently cited: 2nd/subsequent revocation Poor rehabilitation potential Fail to follow instructions Needs rehab through jail/prison Substance abuse issues Absconded from supervision FY2008Probation Violation Guidelines Most Frequently Cited Departure Reasons Page 13

  15. FY2008 Probation Violation Guidelines Compliance by Most Serious Original Offense Page 14

  16. FY2008 Probation Violation GuidelinesCompliance by Most Serious Original Offense Type N = 288 N = 2,023 N = 2,019 N = 654 N = 83 Page 15

  17. FY2008Probation Violation GuidelinesCompliance by Most Serious Original Person Crime Page 16

  18. FY2008Probation Violation GuidelinesMost Frequently Cited Mitigating Departure Reasons Most Serious Original Offense – PERSON • Minimal circumstances of violation • Judicial discretion • Serving time for another offense • Sentenced to time served • Progress in rehabilitation • Sentenced to alternative sanction • Drug treatment • Plea agreement • Offender issues • Homeless • Family considerations Page 17

  19. FY2008Probation Violation GuidelinesCompliance by Most Serious Original Person Crime Page 18

  20. FY2008Probation Violation Guidelines Compliance by Most Serious Original Offense • Most serious original offense • Rape (Forcible rape/sodomy, object sexual penetration) • Fail to register as sex offender • Most frequently cited aggravating departure reasons • Poor rehabilitation potential • 2nd/subsequent revocation • Fail to follow instructions • Seriousness of original offense • Violate sex offender restrictions Page 19

  21. Preparers are scoring Sex Offender Registry as “Person” Under current offense type definitions, Sex Offender Registry is “Other” • ISSUES TO ADDRESS: • Clarification • Classifying Sex Offender Registry crimes • Person vs. Other • Reanalysis of Probation Violation Guidelines • Rape or Sex Offender Registry Original Offense Page 20

  22. OFFENSE TYPES TABLE Appendix E of the Probation Violation Guidelines Manual Person Crime: generally defined as a crime where the victim is harassed, abducted, injured, killed, sexually assaulted, or is the subject of a sex offense. Threats, conspiracies, attempts, and the intent to do the above are included. Offenses in which the offender takes property directly from the victim (in person) or entices a minor to participate in sexually explicit material are categorized as person. • Crimes in which “society” is the victim • Not typically classified as “Person” • Underlying sex offense = “Person” Crime • Offense categories used on: • Probation Violation Guidelines • Sentencing Guidelines • Pre-Sentence Investigation Report (DOC) Page 21-22

  23. Preparers are scoring Sex Offender Registry as “Person” Under current offense type definitions, Sex Offender Registry is “Other” • ISSUES TO ADDRESS: • Clarification • Classifying Sex Offender Registry crimes • Person vs. Other • Reanalysis of Probation Violation Guidelines • Rape or Sex Offender Registry Original Offense Page 20

  24. FY2008 Probation Violation GuidelinesCompliance by Most Serious Original Offense Type N = 288 N = 2,023 N = 2,019 N = 654 N = 83 Page 23

  25. FY2008Probation Violation GuidelinesMost Frequently Cited Mitigating Departure ReasonsMost Serious Original Offense – DRUG • Sentenced to alternative sanction • Defendant has spent/will spend time in drug treatment • Detention/Diversion • Judicial discretion • Serving time in another case • Sentenced to time served • Progress in rehabilitation • Offender health • Substance abuse issues • Recommendation of Commonwealth Attorney Page 24

  26. FY2008 Probation Violation Guidelines Compliance with Factors Scoring a New Arrest Page 25

  27. FY2008 Probation Violation Guidelines SECTION C Both Felony & Misdemeanor Arrests SECTION A Felony Arrests Only Page 26

  28. FY2008Probation Violation GuidelinesCompliance with Factors Scoring New Arrest • 14% of technical violators have a new arrest scored on Section A or C • Median sentence if: • New arrest scored = 12 months • NO new arrest scored = 6 months • Longer average sentence when defendant has new arrest during current supervision period Page 27

  29. FY2008Probation Violation GuidelinesCompliance with Factors Scoring New Arrest Median 12 months below range Median 6 months below range Page 28

  30. FY2008 Technical Violations vs. New Law Violations Page 29

  31. FY2008 Sentencing Revocation Reports *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. Page 30

  32. FY1998 - FY2008Technical vs. New Law Violations Page 31

  33. FY2008Sentencing Revocation ReportsType of New Law Violations(n=5,150) Page 32

  34. FY2008Sentencing Revocation ReportsDisposition Received by Type of Violation Prison Median 18M Median 24M Median 24M Jail Median 6M Median 6M Median 6M Probation Page 33

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