JUDICIAL CONCURRENCE WITH SENTENCING GUIDELINES

1
JUDICIAL CONCURRENCE WITH SENTENCING GUIDELINES

• July 1, 2006 June 30, 2007
• (Preliminary)

2
Number of Guideline Worksheets ReceivedFY1997
FY2007
3
FY07 Guideline Worksheets by Type of Primary
Offense (N26,093)
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GENERAL COMPLIANCE
5
FY07 Judicial Agreement with Guideline
Recommendations
General Compliance The degree to which judges
agree with the overall guidelines recommendation.
FY06 80
6
FY07 Recommended vs. Actual Disposition
Dispositional Compliance The degree to which
judges agree with the type of sanction
recommended by the guidelines.
Actual Disposition
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DEPARTURE REASONS
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MOST FREQUENTLY CITED DEPARTURE REASONS

• Mitigating (10)
• Reason unclear
• Plea agreement
• Cooperative with authorities
• Good rehab potential
• Minimal circumstances
• Recommendation of Commonwealth/PO

• Aggravating (10.8)
• Reason unclear
• Plea agreement
• Flagrancy of offense
• Recommendation too low
• Jury sentence
• Poor rehab potential

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COMPLIANCE BY CIRCUIT
10
Highest Compliance Rates Circuit 27 (Radford
Area) 91 Circuit 7 (Newport News) 86 Circuit
28 (Bristol Area) 85 Lowest Compliance
Rates Circuit 29 (Buchanan Area) 64 Circuit 15
(Fredericksburg) 71
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Compliance VIOLENT VS. NONVIOLENT CRIMES
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Percentage of FY07 Sentencing Events Involving
Violent Offenders (Current and/or Prior Violent
Offenses as defined by 17.1-805)
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FY07 Violent Offender ProfileCurrent and/or
Prior Violent Offense
Note Violent offenses are defined by
17.1-805. Category 1 prior violent offenses
have a statutory maximum of 40 years or more
while Category 2 prior violent offenses have a
statutory maximum of less than 40 years.
14
FY07 ComplianceCurrent and/or Prior Violent
Offenses
Note Violent offenses are defined by
17.1-805. Category 1 prior violent offenses
have a statutory maximum of 40 years or more
while Category 2 prior violent offenses have a
statutory maximum of less than 40 years.
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COMPLIANCE BY TYPE OF OFFENSE
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Guidelines Compliance by Primary OffenseFY2007
17
Guidelines Compliance by Primary OffenseFY2007

• Rape Mitigation (23)
• Most frequently cited reasons
• Plea agreement
• Victim request
• Robbery Mitigation (28)
• Most frequently cited reasons
• Cooperation with law enforcement
• Plea agreement
• Recommendation of Commonwealth
• Age of offender/DJJ Sentence

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NONVIOLENT RISK ASSESSMENT
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Nonviolent Risk Assessment
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NONVIOLENT RISK ASSESSMENT

• Drug, Fraud, Larceny
• Purpose To recommend alternative sanctions for
  offenders who are statistically less likely to
  recidivate

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ELIGIBLE RISK ASSESSMENT CASESALTERNATIVE
SANCTIONS RECOMMENDED RECEIVED
22
Sentencing Guidelines Compliance Rates for
Nonviolent Offenders Screened with Risk
Assessment FY2007 (n6,937)
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SEX OFFENDER RISK ASSESSMENT
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Sex Offender Risk Assessment
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SEX OFFENDER RISK ASSESSMENT

• Rape Other Sexual Assault
• Purpose
• To extend the upper end of the guidelines
  recommendation for sex offenders who are
  statistically more likely to recidivate

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SEX OFFENDER RISK ASSESSMENTFY2007
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Sentencing Guidelines Compliance Rates for Rape
Offenders by Risk Assessment Levels FY2007
(n194)
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Sentencing Guidelines Compliance Rates for Other
Sexual Assault Offenders by Risk Assessment
Levels FY2007 (n490)
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SENTENCING IN SEX OFFENDER CASES
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JURY SENTENCING
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PERCENT OF FELONY SENTENCING EVENTS ADJUDICATED
BY JURIESFY1986 FY2007
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SENTENCING GUIDELINES COMPLIANCE IN JURY VS.
NON-JURY CASESFY2007
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NEW GUIDELINE OFFENSES

• FY2007

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NEW GUIDELINE OFFENSES(effective 7/1/2006)

• Fraud Worksheet
• Uttering public record FRD-2535-F4
• Identity fraud, value gt200 FRD-2509-F6
• False application, public assistance FRD-2700-F5
• Traffic Worksheet
• Eluding police with endangerment REC-6624-F6
• Miscellaneous Worksheet
• Extortion, threat by letter, etc. EXT-2106-F6
• Arson, unoccupied dwelling ARS-2005-F4
• Escape from correctional facility ESC-4921-F6
• Weapons Worksheet
• Discharge firearm from vehicle WPN-5248-F5
• Possess firearm on school property WPN-5252-F6
• False statement on consent form WPN-5281-F5

Added
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IDENTITY FRAUD gt 200FY2007 (N40)
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ELUDING POLICE WITH ENDANGERMENTFY2007 (N421)
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FALSE STATEMENT ON WEAPON CONSENT FORMFY2007
(N66)

• Most Frequent Mitigating Reasons
• Minimal circumstances
• Plea agreement
• Lack of serious prior record
• Recommendation of Commonwealth

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SENTENCING REVOCATION REPORTS PROBATION
VIOLATION GUIDELINES

• Preliminary FY2007

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• Sentencing Revocation Report
• For all felony violations
• Probation
• Good Behavior
• Suspended Sentence

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Number of Sentencing Revocation Reports Received
by YearFY2004 FY2007
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Number of Sentencing Revocation Reports (SRRs)
Received by Circuit
Circuit 4 (Norfolk) 152

• Technical New Law Violations
• Probation, Suspended Sentence, Good Behavior,
  etc., Violations
• Current Old Forms

Circuit 15 (Fredericksburg Area) 42
Circuit 17 (Arlington) 55
Circuit 27 (Radford Area) 43
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PROBATION VIOLATION GUIDELINES

• For NON-NEW CONVICTION PROBATION Violators
• FY2007

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FY2007 PROBATION VIOLATION GUIDELINESDO
GUIDELINES APPLY?(N11,362)
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Probation Violation Guidelines
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Number of Probation Violation Guidelines Received
by YearFY2005 FY2007
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Non-New Conviction Probation Violators by Type
of Original OffenseFY2007 (n5,584)
3.4 Sex Offenders
8.4 Other Person
Offense categories taken from Appendix E
Offense Types in the 3rd Edition of the
Sentencing Revocation Report Probation
Violation Guidelines manual.
47
Conditions Cited in Non-New Conviction Probation
Violator Cases FY2007 (n5,584)
Restitution/court costs 12 Substance abuse
treatment 6 Alternative programs 3 Report
for probation 1 Community service 1 Sex
offender restrictions 1
Percentages do not total 100 because there may
be multiple violations cited for each defendant.
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Overall Probation Violation Guidelines
Compliance and Direction of Departures(FY2005
FY2008)
N 4,643
N 5,584
N 4,860
N 327
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Probation Violation Guidelines Dispositional
Compliance and Direction of DeparturesFY2007
Median Jail Sentence 6 mos
Median Prison Sentence 22 mos
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Probation Violation Guidelines Durational
Compliance and Direction of DeparturesFY2007
Median Above 9 mos
Median Below 9 mos
Includes cases recommended for jail or prison
incarceration only.
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DEPARTURE REASONS
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Probation Violation Guidelines Most Frequently
Cited Departure ReasonsFY2007

• Mitigation
• 789 of 1,685 have written departure reasons
• Most frequently cited
• Progress in rehabilitating
• Recommendation of CA/PO
• Guidelines too high
• Alternative sentence
• Treatment
• Drug Court
• Detention/Diversion
• Mental/physical health
• Substance abuse problem

• Aggravation
• 591 of 1,312 have written departure reasons
• Most frequently cited
• Prior record
• 2nd/subseq revocation
• Rehabilitation
• Failed given opportunity
• Needs rehab through jail
• Substance abuse problem
• Guidelines too low
• Fail to follow instructions
• Absconded