Virginia Sentencing Guidelines Preliminary FY2014 Report April 14, 2014

FY Cases Coded and Keyed* JAN 1184 FEB 34 MAR 0 APR 0 MAY 0 JUN 0 JUL2135 AUG1983 SEP1983 OCT2156 NOV1695 DEC1491 TOTAL *Keyed as of March 13, 2014

Preliminary FY2014 Report: General Compliance 3

Preliminary FY2014 Report Judicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. 4 N=12,661

Preliminary FY2014 Report Judicial Agreement with Type of Recommended Disposition ACTUAL DISPOSITION Dispositional Compliance: The degree to which judges agree with the type of sanction recommended. 5 N=12,661

Preliminary FY2014 Report 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. Median 9 months below midpoint 6 N=9,070

Preliminary FY2014 Report: Departure Reasons 7

Aggravation (n=1351) Plea agreement 373 (28%**) Flagrancy of offense/facts of case 222 (17%**) Severity/type of prior record194 (14%**) Multiple counts involved in event 86 (6%**) Poor rehabilitation potential 73 (5%**) SG Recommendation too low 68 (5%**) Recommendation of jury 67 (5%**) Offense involves drugs 48 (4%**) n=197 (15%) missing a departure reason Mitigation (n=1407) Plea agreement525 (37%*) Judicial discretion 125 (9%*) Cooperated with Authorities120 (9%*) Facts of the case112 (8%*) Sentenced to alternative 111 (8%*) Recommendation of CA 88 (6%*) Court Proceeding: Serve sentence in other case100 (7%*) n=233 (17%) missing a departure reason Preliminary FY2014 Report Most Frequently Cited Departure Reasons * Of mitigating cases requiring departure reason** Of aggravating cases requiring departure reasons 8

Preliminary FY2014 Report: Compliance by Circuit 9

Preliminary FY2014 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 13 (Richmond) -Circuit 2 (Virginia Beach) -Circuit 26 (Harrisonburg Area) 10

Preliminary FY2014 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 13 (Richmond) -Circuit 2 (Virginia Beach) -Circuit 26 (Harrisonburg Area) Highest compliance: -Circuit 20 (Loudoun Area) 87.2% Lowest compliance: -Circuit 13 (Richmond City) 71.0% 11

12 Preliminary FY2014 Most cases received: -Circuit 15 (Fredericksburg Area) -Circuit 13 (Richmond) -Circuit 2 (Virginia Beach) -Circuit 26 (Harrisonburg Area) Highest compliance: -Circuit 20 (Loudoun Area) 87.2% Lowest compliance: -Circuit 13 (Richmond City) 71.0% Highest aggravation: -Circuit 30 (Lee Area) 19.2% Highest mitigation: -Circuit 13 (Richmond City) 20.2%

Preliminary FY2014 Report: Compliance by Offense Type 13

Preliminary FY2014 Report Compliance by Type of Offense 3, , , Larceny Drug-Oth Fraud Traffic Drug-I/II Misc-Oth Assault Weapon Burg-Oth Rape Sex-Asl Kidnap Burg-Dwel Misc-PP Robbery Murder 14

Preliminary FY2014 Report: Additions/Changes Effective July 1,

Preliminary FY2014 Report Nonviolent Risk Assessment Replace the nonviolent offender risk assessment instrument, used in conjunction with the guidelines for fraud, larceny and drug offenses, with risk assessment instruments developed based on the results of the Commission’s recent study of felony recidivism. 16

Preliminary FY2014 Report Nonviolent Risk Assessment 17 Virginia Code § Develop an offender risk assessment instrument for use in all felony cases, based on a study of Virginia felons, that will be predictive of the relative risk that a felon will become a threat to public safety. 6. Apply the risk assessment instrument to offenders convicted of any felony that is not specified in (i) subdivision 1, 2 or 3 of subsection A of § or (ii) subsection C of § under the discretionary sentencing guidelines, and shall determine, on the basis of such assessment and with due regard for public safety needs, the feasibility of achieving the goal of placing 25 percent of such offenders in one of the alternative sanctions listed in subdivision 4. If the Commission so determines that achieving the 25 percent or a higher percentage goal is feasible, it shall incorporate such goal into the discretionary sentencing guidelines, to become effective on January 1, If the Commission so determines that achieving the goal is not feasible, the Commission shall report that determination to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia on or before December 1, 1995, and shall make such recommendations as it deems appropriate. Effective July 1, 2004 Score 35  38

Preliminary FY2014 Report Nonviolent Risk Assessment Risk assessment applies in drug, fraud, & larceny cases Offender must meet eligibility criteria −Recommended for incarceration −No current or violent felony conviction −Did not distribute an ounce or more of cocaine −Not convicted of crime requiring mandatory minimum term of incarceration Purpose: To recommend alternative sanctions for offenders who are statistically less likely to recidivate Type of alternative at discretion of judge 18

Drug/Schedule I/II or Drug Other Fraud and Larceny 19

Preliminary FY2014 Report Nonviolent Offenders Eligible for Risk Assessment by Type of Offense 8,385 Drug, Fraud & Larceny Cases - 5,454 Excluded: Ineligible, Errors, 1090 Missing 2,931 Analyzed Larceny 37.3% Fraud 12.4% DrugOther 8.8% 20

Preliminary FY2014 Nonviolent Offenders Eligible for Risk Assessment Fraud Larceny All Risk Cases7% 8% 11% Drug6% 18% 8% 22% 25% 68% 79% 63% 60% 7% 6% 4% 9% 2,931 1, ,401 OffenseMitigation Compliance Aggravation Number of Cases AlternativeTraditional 86% 87% 85% 21

Recommended and Received an Alternative17.8%n= 523 Recommended and Incarcerated30.2%n= 886 Not Recommended and Received Alternative13.3%n= 390 Not Recommended and Incarcerated38.6%n= 1,132 Preliminary FY2014 Nonviolent Offenders Eligible for Risk Assessment 22

Preliminary FY2014 Report Mandatory Minimum Factor Revise several guidelines worksheets to ensure that the recommended sentence exceeds six months of incarceration when the primary offense is accompanied by an offense that requires a mandatory minimum sentence of at least six months. 23

Burglary Dwelling Burglary Other Structure Drug Other Miscellaneous - Other Miscellaneous – Person/Property Murder Weapon/Firearm 24 Worksheets Modified:

Offense Worksheet ComplianceMitigationAggravation Burglary Dwelling (n=22)68.2%9.1%22.7% Burglary Other Structure (n=2)100%0% Drug Other (n=10)90.0%0%10% Miscellaneous - Other (n=2)50%0%50% Miscellaneous – Person/Property (n=4)50% 0% Murder (n=25)72%8%20% Weapon/Firearm (n=110)79.1%3.6%17.3% Preliminary FY2014 Report New Mandatory Minimum Factor Added Effective July 1, cases: Points on section A added for the new mandatory minimum factor 25

Preliminary FY2014 Report Burglary With Murder or Malicious Wounding Revise the sentencing guidelines for a completed act of burglary with a deadly weapon to increase the prison sentence recommendation for offenders who have an accompanying offense of murder or malicious wounding. 26

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Offense Worksheet ComplianceMitigationAggravation Burglary of a Dwelling (n=2)50.0%0.0%50.0% Preliminary FY2014 Report New Factor for Additional Offense of Murder or Malicious Wounding Added Effective July 1,

Preliminary FY2014 Report Vehicular Involuntary Manslaughter Amend the Murder/Homicide sentencing guidelines for vehicular involuntary manslaughter associated with driving under the influence ( § (A)) to more closely reflect judicial sentencing practices for this offense. 29

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Offense Worksheet ComplianceMitigationAggravation Vehicular Involuntary Manslaughter (n=12)33.3%16.7%50.0% Preliminary FY2014 Report Vehicular Involuntary Manslaughter Modified Effective July 1, 2013 Probation n=216.7%* Jail n=216.7% Prisonn=866.7% * May include offenders sentenced to time served 31

Preliminary FY2014 Report Larceny With Intent to Sell Amend the Larceny sentencing guidelines to add larceny of property with a value of $200 or more or an aggregate value of $200 or more with the intent to sell or distribute as defined by §

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OffenseComplianceMitigationAggravation Larceny with intent to sell, $200 or more (n=60)71.7%5.0%23.3% Larceny with intent to sell, Aggregate value $200 or more(n=10)70.0%0%30% Preliminary FY2014 Report New Larceny Offenses Added Effective July 1,

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