Immediate Sanction Probation Pilot Project Virginia Criminal Sentencing Commission June 8, 2015

Pilot Program Participants 2 12 were given a DOC sentence; 23 were given a jail term or Detention/Diversion; 5 were accepted into intensive drug treatment or Drug Court; 7 moved out of the jurisdiction; 8 are pending sentencing; 1 passed away in a motorcycle accident 196 probationers have been placed in the program Locality # of Current Participants (as of 6/4/15) Participants RemovedCompletions # of Participants who have Violated # of Violations Henrico Lynchburg Harrisonburg/ Rockingham Arlington Total

3 Number of Violations Prior to Placement (as of 6/4/15) Pilot Program Participants Note: Includes each separate violation cited in the Major Violation Report submitted to the court 62% had 4 or more violations prior to being placed in the program N = 196

4 Number of Violations After Placement (as of 6/4/15) Pilot Program Violations Note: Includes current and former participants Although all of the participants had a record of technical violations prior to being placed in the program, one-quarter of participants have not had any subsequent violations.

5 HenricoLynchburgRockinghamArlingtonTotal Percent of violation hearings held w/in 3 days of violation 53.6%37.9%53.4%57.1%50.0% Avg. time between violation and hearing 3 days4.5 days3 days 3.5 days Avg. time between violation and arrest 1 day <1 day Avg. time between arrest and hearing 1 day2 days Avg. time between arrest and hearing – business days 1 day 2 days Number of Violations Figures based on expedited violation hearings after March 8, 2013 Measures of Swiftness

Consequences for Program Violations 6 Program Violation Mandatory Incarceration 1 st violation3-7 days 2 nd violation5-10 days 3 rd violation7-14 days 4 th violation10-20 days 5 th violation15-25 days 6 th violation or subsequent days After repeated positive drug tests or missed appointments, the court may order a full substance abuse assessment. If addicted, the defendant may be required to complete substance abuse treatment (if suitable) or drug court (if available).

7 HenricoLynchburg RockinghamArlington Total Violations Resulting in a Jail Term 100% Avg. length of sentence for 1st Viol. 4 days3 days 5 days3 days 4 days Avg. length of sentence for 2nd Viol. 7 days5 days 7 days10 days 7 days Avg. length of sentence for 3rd Viol. 13 days8.5 days 13 days10 days* 10 days Avg. length of sentence for 4th Viol. 20 days12.5 days 16 daysN/A 17 days Avg. length of sentence for 5th Viol. 20 days* 21.5 daysN/A 20 days * Represents 1 case Measures of Certainty and Sanctions Imposed

Pilot Program Completions 8 Locality Completions (as of 6/4/15) Violation-Free for 12 Months Removed from Supervised Probation Henrico888 Lynchburg Rockingham321 Total312629

Acts of Assembly Item 47 of Chapter 665 ( Budget Bill ) B.1. Notwithstanding the provisions of § , Code of Virginia, the provisions of that section shall not expire on July 1, 2012, but shall continue in effect until July 1, 2015, and may be implemented in up to four sites. 2.B. The Virginia Criminal Sentencing Commission, with the concurrence of the chief judge of the circuit court and the Commonwealth’s attorney of the locality, shall designate each immediate sanction probation program site. The Virginia Criminal Sentencing Commission shall develop guidelines and procedures for implementing the program, administer the program, and evaluate the results of the program. As part of its administration of the program, the commission shall designate a standard, validated substance abuse assessment instrument to be used by probation and parole districts to assess probationers subject to the immediate sanction probation program. The commission shall also determine outcome measures and collect data for evaluation of the results of the program at the designated sites. The commission shall present a report on the implementation of the immediate sanction probation program, including recidivism results to the Chief Justice, Governor, and the Chairmen of the House and Senate Courts of Justice Committees, the House Appropriations Committee, and the Senate Finance Committee by November 1, Virginia Criminal Sentencing Commission

10 Section of the Code of Virginia § (Expires July 1, 2016) Immediate sanction probation programs. There may be established in the Commonwealth up to four immediate sanction probation programs in accordance with the following provisions: 1.As a condition of a sentence suspended pursuant to § , a court may order a defendant convicted of a crime, other than a violent crime as defined in subsection C of § , to participate in an immediate sanction probation program If a participating offender fails to comply with any term or condition of his probation and the alleged probation violation is not that the offender committed a new crime or infraction, (i) his probation officer shall immediately issue a noncompliance letter pursuant to § authorizing his arrest at any location in the Commonwealth and (ii) his probation violation hearing shall take priority on the court's docket. The probation officer may, in any event, exercise any other lawful authority he may have with respect to the offender When a participating offender is arrested pursuant to subdivision 2, the court shall conduct an immediate sanction hearing unless (i) the alleged probation violation is that the offender committed a new crime or infraction; (ii) the alleged probation violation is that the offender absconded for more than seven days; or (iii) the offender, attorney for the Commonwealth, or the court objects to such immediate sanction hearing. If the court conducts an immediate sanction hearing, it shall proceed pursuant to subdivision 4. Otherwise, the court shall proceed pursuant to § At the immediate sanction hearing, the court shall receive the noncompliance letter, which shall be admissible as evidence, and may receive other evidence. If the court finds good cause to believe that the offender has violated the terms or conditions of his probation, it may (i) revoke no more than 30 days of the previously suspended sentence and (ii) continue or modify any existing terms and conditions of probation. If the court does not modify the terms and conditions of probation or remove the defendant from the program, the previously ordered terms and conditions of probation shall continue to apply. The court may remove the offender from the immediate sanction probation program at any time. 5.T HE PROVISIONS OF THIS SECTION SHALL EXPIRE ON J ULY 1, 2016.

B.1. Notwithstanding the provisions of § , Code of Virginia, the provisions of that section shall not expire on July 1, 2012, but shall continue in effect until July 1, 2015, and may be implemented in up to four sites. 2.B. The Virginia Criminal Sentencing Commission, with the concurrence of the chief judge of the circuit court and the Commonwealth’s attorney of the locality, shall designate each immediate sanction probation program site. The Virginia Criminal Sentencing Commission shall develop guidelines and procedures for implementing the program, administer the program, and evaluate the results of the program. As part of its administration of the program, the commission shall designate a standard, validated substance abuse assessment instrument to be used by probation and parole districts to assess probationers subject to the immediate sanction probation program. The commission shall also determine outcome measures and collect data for evaluation of the results of the program at the designated sites. The commission shall present a report on the implementation of the immediate sanction probation program, including recidivism results to the Chief Justice, Governor, and the Chairmen of the House and Senate Courts of Justice Committees, the House Appropriations Committee, and the Senate Finance Committee by November 1, Acts of Assembly Item 47 of Chapter 665 ( Budget Bill ) Virginia Criminal Sentencing Commission B.1. Notwithstanding the provisions of § , Code of Virginia, the provisions of that section shall not expire on July 1, 2012, but shall continue in effect until July 1, 2015, and may be implemented in up to four sites. 2.B. The Virginia Criminal Sentencing Commission, with the concurrence of the chief judge of the circuit court and the Commonwealth’s attorney of the locality, shall designate each immediate sanction probation program site. The Virginia Criminal Sentencing Commission shall develop guidelines and procedures for implementing the program, administer the program, and evaluate the results of the program. As part of its administration of the program, the commission shall designate a standard, validated substance abuse assessment instrument to be used by probation and parole districts to assess probationers subject to the immediate sanction probation program. The commission shall also determine outcome measures and collect data for evaluation of the results of the program at the designated sites. The commission shall present a report on the implementation of the immediate sanction probation program, including recidivism results to the Chief Justice, Governor, and the Chairmen of the House and Senate Courts of Justice Committees, the House Appropriations Committee, and the Senate Finance Committee by November 1, B.1. Notwithstanding the provisions of § , Code of Virginia, the provisions of that section shall not expire on July 1, 2012, but shall continue in effect until July 1, 2015, and may be implemented in up to four sites. 2.B. The Virginia Criminal Sentencing Commission, with the concurrence of the chief judge of the circuit court and the Commonwealth’s attorney of the locality, shall designate each immediate sanction probation program site. The Virginia Criminal Sentencing Commission shall develop guidelines and procedures for implementing the program, administer the program, and evaluate the results of the program. As part of its administration of the program, the commission shall designate a standard, validated substance abuse assessment instrument to be used by probation and parole districts to assess probationers subject to the immediate sanction probation program. The commission shall also determine outcome measures and collect data for evaluation of the results of the program at the designated sites. The commission shall present a report on the implementation of the immediate sanction probation program, including recidivism results to the Chief Justice, Governor, and the Chairmen of the House and Senate Courts of Justice Committees, the House Appropriations Committee, and the Senate Finance Committee by November 1, 2016.

12 Focus on individuals who have been placed in the program by June 30, 2015, and track recidivism results. Multiple measures of recidivism will be collected: Any new arrest New felony arrest Any new conviction New felony conviction Proposed Analysis Plan

13 Since the program is designed to target probationers who are at higher risk of reoffending and/or failing probation, a comparison group will be selected. Construct a matched comparison group: −Select a comparison probation district o Similar frequency of drug screens, drugs of abuse, probation officers’ familiarity with Motivational Interviewing, etc. −Within the comparison district, select offenders who are similar to offenders in the pilot program o Similar criminal record, number of prior probation revocations, primary drug of abuse, history of absconding, etc. Proposed Analysis Plan