Judicial Concurrence with Sentencing Guidelines Preliminary FY2009

Preliminary FY2009 Guideline Worksheets Keyed as of 9/9/09 (n=16,476)

General Compliance Preliminary FY2009

Preliminary FY2009 Judicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation.

Preliminary FY2009 Judicial Agreement with Type of Recommended Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended. RECOMMENDED DISPOSITION Probation/ No Incarceration Incarceration 6 months or less Incarceration over 6 months Probation / No Incarceration70.1%25.0%4.9% Incarceration 6 months or less11.3%78.3%10.4% Incarceration over 6 months5.6%7.8%86.6% ACTUAL DISPOSITION

Preliminary FY2009 Judicial 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.

Departure Reasons Preliminary FY2009

Preliminary FY2009 Most Frequently Cited Departure Reasons Mitigation (10%) Plea agreement Cooperated with authorities Facts of case Recommendation of CA Sentenced to alternative Minimal prior record Offender health Aggravation (10%) Plea agreement Severity/type of prior record Flagrancy of offense/facts of case Poor rehabilitation potential Recommendation of jury Current offense involved drugs/alcohol Degree of victim injury

Compliance by Circuit Preliminary FY2009

Most cases received: -Circuit 15 (Fredericksburg) -Circuit 13 (Richmond) -Circuit 4 (Norfolk) Highest compliance: -Circuit 27 (Radford) 91.7% -Circuit 28 (Bristol) 90.9% Lowest compliance: -Circuit 6 (Sussex) 73.1% Highest aggravation: -Circuit 9 (Williamsburg) 19.4% Highest mitigation: -Circuit 24 (Lynchburg) 15%

Preliminary FY2009 Most cases received: -Circuit 15 (Fredericksburg) -Circuit 13 (Richmond) -Circuit 4 (Norfolk) Highest compliance: -Circuit 27 (Radford) 91.7% -Circuit 28 (Bristol) 90.9% Lowest compliance: -Circuit 6 (Sussex) 73.1% Highest aggravation: -Circuit 9 (Williamsburg) 19.4% Highest mitigation: -Circuit 24 (Lynchburg) 15%

Compliance by Type of Offense Preliminary FY2009

Preliminary FY2009 Compliance by Type of Offense 1, ,3405,0411, ,

FY2009 Changes and Additions to Guidelines Recommendation 1: Drug Crimes Accompanied by Weapons Offense Requiring Mandatory Minimum

Recommendation 1 Add a factor to Section C of the sentencing guidelines for Schedule I/II and other drugs to increase the prison sentence recommendation for offenders who have an accompanying weapons offense requiring a mandatory minimum term. Additional 13 months on the midpoint for each 2-year mandatory minimum Additional 32 months on the midpoint for each 5-year mandatory minimum

Recommendation 1 Compliance for Drug Crimes Accompanied by Weapons Offense Requiring Mandatory Minimum

FY2009 Changes and Additions to Guidelines Recommendation 2: False Statement on Firearm Consent Form

Recommendation 2 Revise the weapons guidelines to increase the likelihood that some offenders convicted of making a false statement on a criminal history consent form required for purchasing a firearm will be recommended for probation or up to six months of incarceration rather than incarceration for a term of more than six months. Changed the score for the primary offense on Section A of the Weapon/Firearm worksheet

Recommendation 2 Compliance for Making a False Statement on a Consent Form Required for Purchase of a Firearm

FY2009 Changes and Additions to Guidelines Recommendation 3: Child Abuse/Neglect Offenses

Recommendation 3 Amend the miscellaneous guidelines to add two new guidelines offenses: –Gross, wanton, or reckless care for a child (§ (B)) –Cruelty and injuries to children (§ ) Increased victim injury points on Sections A & C for all child abuse offenses Adjust points assigned to the child abuse/neglect offense currently covered by the guidelines resulting in serious injury (§ (A)) –Increased primary offense points on Sections A, B & C for child abuse/neglect resulting in serious physical injury (§ (A))

Recommendation 3 Compliance for New Guidelines Offenses: Gross, wanton, or reckless care for a child (§ (B)) & Cruelty and injuries to children (§ )

Recommendation 3 Adjust points assigned to current child abuse/neglect resulting in serious injury (§ (A)) Majority of departures cite degree of victim injury

Other Issues Child Pornography & Solicitation of a Minor

FY2008 & Preliminary FY2009 Child Pornography & Solicitation of a Minor (n=184)

Type of OffenseComplianceMitigationAggravationTotal Cases Produce/make child porn, etc.50.0%25.0% 24 Reproduce/sell child porn, etc.64.7%23.5%11.8%17 Possess child porn, 1 st or 2 nd 56.8%31.8%11.4%44 Solicit minor using communication system60.2%6.1%33.7%99

FY2008 & Preliminary FY2009 Child Pornography & Solicitation of a Minor (n=184) Type of OffenseComplianceMitigationAggravationTotal Cases Produce/make child porn, etc.50.0%25.0% 24 Reproduce/sell child porn, etc.64.7%23.5%11.8%17 Possess child porn, 1 st or 2 nd 56.8%31.8%11.4%44 Solicit minor using communication system60.2%6.1%33.7%99

FY2008 & Preliminary FY2009 Possession of Child Pornography, 1 st or 2 nd offense (n=44) Most offenders sentenced for possession of child porn –Multiple counts of primary offense –No additional offenses –No victim injury –No significant prior record Most frequently cited mitigating departure reasons –Facts of the case –Guidelines recommendation too high –Plea agreement –No serious prior record

FY2008 & Preliminary FY2009 Possession of Child Pornography, 1 st or 2 nd offense (n=44) Median 15 months below guidelines recommendation

FY2008 & Preliminary FY2009 Possession of Child Pornography, 1 st or 2 nd offense (n=44) Aggravation 11.1 Aggravation 11.5 Mitigation 27.8 Mitigation 38.5 Compliance 61.1 Compliance %

FY2008 & Preliminary FY2009 Child Pornography & Solicitation of a Minor (n=184) Type of OffenseComplianceMitigationAggravationTotal Cases Produce/make child porn, etc.50.0%25.0% 24 Reproduce/sell child porn, etc.64.7%23.5%11.8%17 Possess child porn, 1 st or 2 nd 56.8%31.8%11.4%44 Solicit minor using communication system60.2%6.1%33.7%99

FY2008 & Preliminary FY2009 Solicitation of Minor Using Communication System (n=99) Most offenders sentenced for solicitation of minor –Only 1 count of solicitation –No victim injury –No significant prior record Most frequently cited aggravating departure reasons –Plea agreement –Flagrancy of the offense –Poor rehabilitation potential

FY2008 & Preliminary FY2009 Solicitation of Minor Using Communication System (n=99) RECOMMENDED DISPOSITION Probation/ No Incarceration Incarceration 6 months or less Incarceration over 6 months Probation / No Incarceration 32.6%46.5%20.9% Incarceration 6 months or less 4.5%50.0%45.5% Incarceration over 6 months 6.3%3.1%90.6% ACTUAL DISPOSITION

FY2008 & Preliminary FY2009 Solicitation of Minor Using Communication System Effective Sentence (Months) Number of Cases Total32 16 cases received incarceration <= 6 months 3 of the 16 have an additional offense Section B Aggravating Cases 16 cases received incarceration > 6 months 11 of the 16 have additional offense Additional offense is usually an indecent liberties or attempted indecent liberties