Study of Virginia’s Parole- Eligible Inmate Population

Virginia Criminal Sentencing Commission 2 Legislative Directive Item 48 Judicial Department Virginia Criminal Sentencing Commission Language B. The Virginia Criminal Sentencing Commission shall review the status of all offenders housed in state facilities operated by the Virginia Department of Corrections who are subject to consideration for parole. The purpose of the review is to determine the numbers of such offenders who have already, or will within the next six years, serve an amount of time in prison, which would be equal to or more than the amount of time for which they would have been sentenced for the same offense, and under the same circumstances, under the current sentencing guidelines system. The review shall include consideration of the numbers and types of older offenders who may be eligible for geriatric release. The Department of Corrections and the Virginia Parole Board shall provide all necessary information and assistance in carrying out this review. This review shall be presented to the Secretary of Public Safety, the Chairmen of the Senate and House Courts of Justice Committees, the Chairman of the Virginia State Crime Commission, and the Chairmen of the Senate Finance and House Appropriations Committees by September 1, Virginia Criminal Sentencing Commission

3 State-Responsible Prison Inmates Classified as of December 31, 2008 Virginia Criminal Sentencing Commission 36,232 Classified Prison Inmates Source: Virginia Department of Corrections (March 6, 2009) Note: Figures are based on classification of felony offenses.

Virginia Criminal Sentencing Commission 4 Parole-Eligible Inmates as of December 31, 2008 by Year Originally Received into Department of Corrections Source: Virginia Department of Corrections (March 6, 2009) Note: Figures are based on classification of felony offenses. Excludes offenders who also have no-parole felonies. Date originally received into DOC is the first date the inmate was incarcerated for the crime(s) for which he is currently serving time. This does not include subsequent intakes, including the date received for any parole violations. Virginia Criminal Sentencing Commission 3,735 Parole-Eligible Inmates

Virginia Criminal Sentencing Commission 5 Parole-Eligible Inmates as of December 31, 2008 by Most Serious Offense (as Classified by DOC) Virginia Criminal Sentencing Commission 3,735 Parole-Eligible Inmates Source: Virginia Department of Corrections (March 6, 2009) Note: Most serious offense as classified by DOC may not be the same as the most serious offense identified by the sentencing guidelines. Excludes offenders who also have no-parole felonies.

Virginia Criminal Sentencing Commission 6 Parole-Eligible Inmates as of December 31, 2008 by Age 3,735 Parole-Eligible Inmates Source: Virginia Department of Corrections (March 6, 2009) Note: Excludes offenders who also have no-parole felonies.

Study Methodology

Virginia Criminal Sentencing Commission 8 Data Sources  Pre/Post-Sentencing Investigation (PSI) Reporting System  Standardized and automated since 1985  Staff selected all PSI records that could be associated with a parole-eligible inmate’s current term of incarceration  Virginia Parole Board Database  Contains PSI-like variables, including prior record information, victim characteristics, and circumstances of the crime  Scanned images of offense and criminal history narratives provided by the Parole Board were used to supplement the automated data Virginia Criminal Sentencing Commission

9 Exclusion of Inmates  Guidelines recommendations could not be calculated for some inmates  Electronic records could not be located for a small proportion (202 inmates) of the original 3,735 parole-eligible inmates  Guidelines recommendations could not be calculated for 40 inmates because all the sentencing events associated with their current term of incarceration were not covered by the guidelines  For 7 inmates, only data regarding probation or parole violations were available  Automated data sources were missing information for 145 inmates, who were consequently removed from the analysis

Virginia Criminal Sentencing Commission 10 Scoring the Sentencing Guidelines  Staff developed programming to electronically score the guidelines for the remaining 3,341 parole-eligible inmates  Guidelines recommendations were calculated for each sentencing event associated with an inmate’s current term of incarceration  For the 950 inmates who were incarcerated for more than one sentencing event, the guidelines recommendations were summed across events to calculate the total sentence recommendation

Virginia Criminal Sentencing Commission 11 Study Limitations  Automated data may not include all sentencing events that resulted in the offender’s current term of incarceration  Combination of guidelines and non-guidelines sentencing events  The total sentence recommendation is only based on sentencing events covered by the guidelines  Violations of probation and parole  Parole violations are not incorporated into the guidelines score  Probation violations are scored if they are sentenced at the same time as an offense covered by the guidelines  Prior probation violations are scored as part of the offender’s prior record  If a probation violation is handled in a separate hearing after sentencing for the guidelines offense, it is not incorporated into the guidelines recommendation

Findings

Virginia Criminal Sentencing Commission 13 Guidelines Most Serious Offense for Incarceration Period Certain drug offenses carry a higher statutory maximum than attempted 1 st degree murder, 2 nd degree murder, manslaughter, malicious wounding, some burglaries, most attempts, etc. If a drug offense had a higher statutory maximum than these other offenses, it was selected as the primary offense for the current incarceration period. 3,341 Parole-Eligible Inmates Included in Study Note: For offenders with multiple sentencing events, the most serious offense for the current incarceration period was selected using the guidelines’ rules for selecting the primary offense. * These inmates remained in the study because they had been sentenced in a separate sentencing event for other offenses that are covered by the guidelines. 3,341 Parole-Eligible Inmates Included in Study Additional Offenses for Drug Offenders Number of Inmates Murder/Homicide6 Rape/Sexual Assault0 Attempted Robbery2 Assault19 Burglary11 Abduction0 Larceny/Fraud23 Weapon/Firearm32

Virginia Criminal Sentencing Commission 14 Parole-Eligible Inmates with Guidelines Recommendations Time Served is Less than Guidelines High- End Recommendation (2,635 inmates) 21 % 79% Time Served Exceeds Guidelines High-End Recommendation (706 inmates) 3,341 Parole-Eligible Inmates Included in Study

Virginia Criminal Sentencing Commission 15 Robbery Rape/Sexual Assault Burglary Assault Drug Abduction Larceny/Fraud Murder/Manslaughter Weapons Non-Guidelines Offense* Guidelines Most Serious Offense for Incarceration Period Note: Offenders whose most serious offense was a non-guidelines offense remained in the study because they had been sentenced in a separate sentencing event for other offenses that are covered by the guidelines. Non-Guidelines Offenses*Number Arson of an Occupied Dwelling 2 Attempted Capital Murder – Police Officer 1 Attempted Capital Murder – More than 1 Person 1 Attempted Capital Murder – By a Prisoner 1 Possession of a Sawed- Off Shotgun During a Violent Crime 1 * The primary offenses for the sentencing events covered by the guidelines included 2 burglaries, a malicious wounding, credit card fraud, grand larceny, and sale of a schedule I/II drug 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Note: Offenders whose most serious offense was a non- guidelines offense remained in the study because they had been sentenced in a separate sentencing event for other offenses that are covered by the guidelines.

Virginia Criminal Sentencing Commission 16 Robbery Rape/Sexual Assault Burglary Assault Drug Abduction Larceny/Fraud Murder/Manslaughter Weapons Non-Guidelines Offense* Guidelines Most Serious Offense for Incarceration Period Note: Offenders whose most serious offense was a non-guidelines offense remained in the study because they had been sentenced in a separate sentencing event for other offenses that are covered by the guidelines inmates not yet eligible for parole 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation

Virginia Criminal Sentencing Commission 17 Sentence Length by Guidelines Most Serious Offense Most Serious Offense for Incarceration Event Sentenced to <100 Years Sentenced to 100+ Years One Life Sentence 2+ Life SentencesTotal Robbery Rape/Sexual Assault Burglary Assault Drug80000 Abduction Larceny/Fraud28000 Murder/Manslaughter Weapons30003 Non-Guidelines Offense60006 Total Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation

Virginia Criminal Sentencing Commission 18 Probation and Parole Violations Time Served Exceeds Guidelines Recommendation (706 inmates) Time Served is Less than Guidelines Recommendation (2,635 inmates) Note: Violations include both probation and parole violations. 3,341 Parole-Eligible Inmates Included in Study

Virginia Criminal Sentencing Commission 19 Probation and Parole Violations by Most Serious Offense 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Most Serious Offense for Incarceration Event No Violations1 Violation 2 or More ViolationsTotal Robbery47%32%21%100% Rape/Sexual Assault72%17%11%100% Burglary31%18%51%100% Assault70%25%5%100% Drug16%29%55%100% Abduction46%41%13%100% Larceny/Fraud7%18%75%100% Murder/Manslaughter58%25%17%100% Weapon/Firearm33% 100% Non-Guidelines Offense17%50%33%100%

Virginia Criminal Sentencing Commission 20 Percentage of Offenders with at Least One Probation or Parole Violation by Most Serious Offense * None of the cases with a non-guidelines or weapons offense as the most serious offense for the incarceration period fell below the guidelines recommendation Most Serious Offense for Incarceration Event Time Served is Less than Guidelines Recommendation Time Served Exceeds Guidelines Recommendation Robbery49%53% Rape/Sexual Assault30%28% Burglary - Dwelling63%65% Burglary - Other67%84% Assault41%30% Drug74%84% Abduction37%54% Larceny/Fraud79%93% Murder/Manslaughter20%42% Weapon/FirearmN/A*67% Non-Guidelines OffenseN/A*83% 3,341 Parole-Eligible Inmates Included in Study

Virginia Criminal Sentencing Commission 21 Time Served Exceeds Guidelines Recommendation (706 inmates) Time Served is Less than Guidelines Recommendation (2,635 inmates) 3,341 Parole-Eligible Inmates Included in Study Offender Age, as of December 31, 2008

Virginia Criminal Sentencing Commission 22 Larceny/Fraud Offenders – Number of Offenses for Incarceration Period 42 Parole-Eligible Inmates Convicted of Larceny or Fraud as the Most Serious Offense (14 Inmates) (28 Inmates)

Virginia Criminal Sentencing Commission 23 Robbery Characteristics Time Served Exceeds Guidelines Recommendation (238 inmates) Time Served is Less than Guidelines Recommendation (326 inmates) 564 Parole-Eligible Inmates Convicted of Robbery as the Most Serious Offense

Virginia Criminal Sentencing Commission 24 Median Amount of Time Served Beyond the High- End Guidelines Recommendation by Offense Most Serious Offense for Incarceration Event Median Time Served Beyond Guidelines Recommendation Non-Guidelines Offense13.6 years Weapon9.7 years Drug7.9 years Assault7.7 years Burglary7.7 years Larceny/Fraud6.6 years Robbery6 years Abduction5.6 years Murder3.6 years Rape/Sexual Assault3 years Weapon OffenseNumber Maliciously Discharge Firearm in/at Occupied Building 2 Felon in Possession of a Firearm* 1 Victim Injury Serious Physical 2 None 1 * This inmate was sentenced for two instances of felon in possession of a firearm. The offender also has 1 prior probation violation and 1 parole violation. 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation

Virginia Criminal Sentencing Commission 25 Amount of Time Served Beyond the High-End Guidelines Recommendation (as of 12/31/2008) 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Most Serious OffenseNumber Assault 3 Abduction 2 Robbery 2 Burglary 2 Drug 1 Larceny/Fraud 1 Non-Guidelines Offense 1 2 counts of grand larceny from a person Sale of a Schedule I/II drug, conspiracy, 2 parole violations

Virginia Criminal Sentencing Commission 26 Parole-Eligible Inmates Whose Time Served Will Exceed the Guidelines Recommendation by 12/31/2014 Additional Inmates Note: Inmates who are expected to reach their mandatory parole date prior to exceeding the guidelines high-end recommendation are excluded.

Inmates Eligible for Geriatric Release

Virginia Criminal Sentencing Commission 28 Inmates Eligible for Geriatric Release as of December 31, 2008 Inmates Eligible for Geriatric Release State-Responsible Inmate Population Parole System Inmates* Truth-in-Sentencing InmatesTotal December 31, , December 31, , December 31, , * Parole system inmates include offenders who have a combination of parole-eligible felonies and no-parole felonies

Virginia Criminal Sentencing Commission 29 Inmates Eligible for Geriatric Release by Age and Time Served * Median time served is the middle value, where half of the values are higher and half are lower Age 60 to 64 and Served at Least 10 Years Age 65 or More and Served at Least 5 Years Number Median Time Served*Number Median Time Served* December 31, yrs yrs. December 31, yrs yrs. December 31, yrs yrs.

Virginia Criminal Sentencing Commission 30 Projected Number of Geriatric-Eligible Inmates, 2009 and 2010 Projection is based on inmates confined as of December 31, 2008 Note: A portion of these inmates may reach their mandatory parole release date or the expiration of their sentence before they reach the necessary age and time-served thresholds to qualify for geriatric release.