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Virginia Sentencing Guidelines Preliminary FY2013 Report September 9, 2013

Virginia Sentencing Guidelines Preliminary FY2013 Report September 9, 2013. FY 2013 Sentencing Guidelines Cases Coded and Keyed. 2012 2013. Total = 18,386*. *17,955 certified for compliance analysis 6,545 cases coded and keyed since June 2013.

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Virginia Sentencing Guidelines Preliminary FY2013 Report September 9, 2013

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  1. Virginia Sentencing GuidelinesPreliminary FY2013 ReportSeptember 9, 2013

  2. FY 2013 Sentencing Guidelines Cases Coded and Keyed 2012 2013 Total = 18,386* *17,955 certified for compliance analysis 6,545 cases coded and keyed since June 2013

  3. Preliminary FY2013 Report: General Compliance

  4. Preliminary FY2013 ReportJudicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. N=17,955 4

  5. Preliminary FY2013 ReportSentencing Guidelines Received by Jurisdiction

  6. Sentencing Revocation Reports &Probation Violation Guidelines (FY2013)

  7. FY 2013 Probation Violation/Sentencing Revocation Reports Coded and Keyed 2012 2013 Total = 7,681* *3,613 technical, 3,864 new law violations, 150 not in violation, 54 missing information only 3,173 technical cases certified for compliance analysis

  8. Sentencing Revocation Reports Received for Technical and New Law ViolationsFY1998 - FY2013 (Preliminary) 53% 47% 52% 48% *Note: FY13 only includes cases received by April 1, 2013 (About 3,400 more to code and key for FY13)

  9. Sentencing Revocation Reports Received by Judicial Circuit FY2013 (Preliminary) • Highest Number Received • Circuit 4 - Norfolk • Circuit 29 - Buchanan Area • Circuit 26 – Harrisonburg Area • Circuit 22 – Danville Area • * Includes all forms received, including those found not in violation or missing information • * Six missing court identification

  10. Sentencing Revocation Reports ReceivedDispositions for Technical and New Law ViolationsFY2013 (Preliminary) Actual Disposition Received Probation Jail <= 12 mos. Prison >= 1yr. NEW LAW VIOLATOR 675 (18%) 1653 (44%) 1414 (38%) TECHNICAL VIOLATOR 801 (23%) 1756 (51%) 933 (27%) TOTAL* 1476 (20%) 3409 (47%) 2347 (33%) *Information was missing in 299 cases, 150 not in violation 10

  11. Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime FY2013 (Preliminary) • N= 3864

  12. Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime Most Serious Offense IdentifiedFY2013 (Preliminary) VCC ID FrequencyPercent Missing 363 9.4 A2 1.1 A3 3.1 A5 3 .1 A6 2.1 A9 16 .4 C914.4 F2 13.3 F3 20.5 F4 401.0 F5 2947.6 F6 49812.9 F9 81121.0 I9 8.2 M1 138535.8 M2 491.3 M3 9.2 M4 1523.9 M9 1102.8 S9 721.9 Total3864100.0 Felonies (44.4%) Traffic Infractions Misdemeanors (44.0%) Type Not Clear

  13. Sentencing Revocation Reports Received by Type of Violation and Sanction ReceivedFY2013 (Preliminary) Prison Median 1.75 yrs. Median 1.8 yrs. Median 2.0 yrs. Jail Median 5 mos. Median 6 mos. Median 6 mos. Probation • * n= 3067 Technical Violations, 106 missing information • * n= 3742 New Law Violations, 122 missing information

  14. Sentencing Revocation Reports Received FY2013 (Preliminary) Violator Type Unknown 54 Found Not in Violation 150 * Cases are not included in compliance analysis if the guidelines do not apply (the case involves a parole-eligible offense, first offender violation, misdemeanor original offense, or the offender was not on supervised probation), if the guidelines forms were incomplete, or if outdated forms were prepared.

  15. Probation Violation Guidelines Cases – “Technical”by Type of Original Offense FY2012 (Preliminary) • N= 3173

  16. Types of Violations Cited in Probation Violation Guidelines Cases – “Technical”FY2013 (Preliminary) Financial 46% Substance abuse treatment 24% Alternative programs 9% Sex offender restrictions 6% Percentages do not total 100% because there may be multiple violations cited for each defendant

  17. FY2006-FY2007 Worksheet FY2008-2013 Worksheet New factors were added Existing factors were adjusted Point values were increased

  18. Probation Violation Guidelines – “Technical” Compliance and Direction of DeparturesFY2005 – FY2013 (Preliminary) N = 4,643 N = 4,860 N = 5,584 N = 5,067 N = 4,216 N = 4,705 N = 4413 N = 3173

  19. Probation Violation Guidelines Dispositional Compliance and Direction of DeparturesFY2013 (Preliminary) • N= 3019 Technical Violations, 154 Missing Information

  20. Probation Violation Guidelines Dispositional Compliance and Direction of DeparturesFY2013 (Preliminary) Median Jail Sentence 6 months Median Prison Sentence 2 years • N= 3019 Technical Violations, 154 Missing Information

  21. Mitigation Most frequently cited: No Reason (43.6%) Sentenced to Alternative (9.2%) Judicial Discretion (6.8%) Plea Agreement (4.4%) Aggravation Most frequently cited: No Reason (46.8%) 2nd or subsequent revocation (5.8%) Poor rehabilitation potential (5.2%) Fail to follow instructions (5.0%) Probation Violation Guidelines Most Frequently Cited Departure ReasonsFY2013 (Preliminary)

  22. December 1, 2013 Annual Report

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