September 8, 2014 VIRGINIA CRIMINAL SENTENCING COMMISSION Two Decades of Truth-in- Sentencing in Virginia Update

Parole system data represent FY1993 prison releases; truth-in-sentencing data is derived from the rate of sentence credits earned among prison inmates as of December 31, 2013 Under truth-in-sentencing, felons are serving at least 85% of the sentence ordered by the court. 2 Percentage of Prison Sentence Served 85%

Truth-in-SentencingParole System Forcible Rape Prison Time Served (in years) Violent offenders, and particularly repeat violent offenders, are serving longer under truth-in-sentencing. 3 Aggravated Sexual Battery Prior Violent Record Robbery with a Firearm Prior Violent Record These figures present values of actual incarceration time served under parole laws from 1988 through 1992 and expected time to be served under truth-in-sentencing provisions for cases sentenced FY2010 through FY2014. Time served values are represented by the median (the middle value, where half the time served values are higher and half are lower). Truth-in-sentencing data include only cases recommended for, and sentenced to, incarceration of more than six months. Prior Violent Record

Truth-in-SentencingParole System Sale of a Schedule I/II Drug Prison Time Served (in years) 4 Grand Larceny Prior Violent Record These figures present values of actual incarceration time served under parole laws from 1988 through 1992 and expected time to be served under truth-in-sentencing provisions for cases sentenced FY2010 through FY2014. Time served values are represented by the median (the middle value, where half the time served values are higher and half are lower). Truth-in-sentencing data include only cases recommended for, and sentenced to, incarceration of more than six months. Nonviolent offenders are serving about the same amount of time, on average, as they did prior to the abolition of parole. Prior Violent Record

Time Served in Prison for Violent Offenses in Select States Source: Pew Center on the States, Time Served Avg. Time Served (in years) Rank Alabama Arkansas Florida Georgia Kentucky Louisiana Mississippi North Carolina Pennsylvania South Carolina Tennessee Texas Virginia West Virginia National In 2009, Virginia ranked tied for 3 rd among 34 states examined in terms of longest prison lengths of stay for violent offenders. 5

Time Served in Prison for Drug Offenses in Select States Source: Pew Center on the States, Time Served Avg. Time Served (in years) Rank Alabama Arkansas Florida Georgia Kentucky Louisiana Mississippi North Carolina Pennsylvania South Carolina Tennessee Texas Virginia West Virginia National In 2009, Virginia ranked tied for 13 th among 34 states examined in terms of longest prison lengths of stay for drug offenders. 6

Recommended for Alternative Not Recommended for Alternative N=6,358 N=6,627 N=5,620 Risk Assessment for Nonviolent Offenders* * Offenders recommended by the sentencing guidelines for prison or jail incarceration 7 Using empirical risk assessment, roughly half of the eligible drug, larceny, and fraud offenders are now recommended for alternative sanctions. FY2014 data are not complete

Offenders recommended for alternative sanctions through risk assessment have lower recidivism rates than offenders who are not recommended for such sanctions. 8 Recidivism Rates for Offenders based on Risk Assessment Recommendation Source: Virginia Criminal Sentencing Commission, Risk Assessment Study

A larger share of Virginia’s prison beds are occupied by violent felons. Virginia Department of Corrections Report on State-Responsible Offender Population Trends: Percent of State Prison Beds Holding Violent Felons* 9 * Identifies inmates who have a current or previous conviction for a violent felony as defined in § that resulted in a Virginia prison sentence Source: Virginia Department of Corrections, State-Responsible Offender Population Trends

Violent Index Crime Rates, 2012 Crimes per 100,000 population Virginia In 2012, Virginia’s violent crime rate was the 4 th lowest in the nation and the lowest among southern states. 10

Property Index Crime Rate, 2012 Virginia Crimes per 100,000 population In 2012, Virginia’s property crime rate was the 8 th lowest in the nation and the lowest among southern states. 11

Virginia’s crime rate is at a 40 -year low, and Virginia’s ranking relative to other states has improved. 12 Year Violent Crime Rate Ranking Property Crime Rate Ranking th lowest11 th lowest th lowest13 th lowest th lowest8 th lowest

Virginia’s overall crime rate has dropped significantly, while its incarceration rate has increased by less than 9%. 13 Changes in Crime and Incarceration Rates for the 20 States with the Largest Drops in the Crime Rates State Change in Crime Rate Change in Incarceration Rate Hawaii-54.0%25.8% Arizona-51.7%23.3% Florida-51.1%17.2% New Jersey-50.3%-23.2% Idaho-50.2%76.3% New York-48.9%-27.0% Maryland-48.7%-10.9% Nevada-48.1%missing data Utah-47.5%39.9% Oregon-47.1%83.5% Connecticut-46.2%4.7% California-45.4%-15.6% Illinois-45.1%missing data Colorado-44.5%34.2% Michigan-42.4%2.8% Wyoming-42.2%30.2% Alaska-41.9%18.3% Massachusetts-41.1%13.7% Virginia-41.0%8.9% Montana-40.5%75.5%

Virginia’s prison population growth has slowed. Prison Population Growth 14

Comparing states that calculate a three-year re-imprisonment rate, Virginia ranks second lowest. Note: Missouri’s recidivism rate excludes the release of parole violators who have previously been returned to prison for a violation of supervision within the commitment. Three-Year Re-Imprisonment Rate by State Virginia 15