Virginia Sentencing Guidelines Preliminary FY2013 Report September 9, 2013

FY 2013 Sentencing Guidelines Cases Coded and Keyed 2 JAN 2257 FEB 1906 MAR 1745 APR 496 MAY 19 JUN 22 JUL1892 AUG2128 SEP1988 OCT2208 NOV1971 DEC1754 TOTAL *17,955 certified for compliance analysis 6,545 cases coded and keyed since June 2013 Total = 18,386*

Preliminary FY2013 Report: General Compliance

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

5 Preliminary FY2013 Report Sentencing Guidelines Received by Jurisdiction

Sentencing Revocation Reports & Probation Violation Guidelines (FY2013)

FY 2013 Probation Violation/Sentencing Revocation Reports Coded and Keyed 7 JAN 914 FEB 743 MAR 378 APR 5 MAY 1 JUN 0 JUL967 AUG990 SEP904 OCT1050 NOV908 DEC821 TOTAL *3,613 technical, 3,864 new law violations, 150 not in violation, 54 missing information only 3,173 technical cases certified for compliance analysis Total = 7,681*

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

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 CircuitAreaNumber 1Chesapeake442 2Virginia Beach144 3Portsmouth220 4Norfolk526 5Suffolk Area219 6Sussex Area81 7Newport News155 8Hampton264 9Williamsburg Area215 10South Boston Area143 11Petersburg Area43 12Chesterfield Area219 13Richmond City189 14Henrico273 15Fredericksburg Area419 16Charlottesville Area187 17Arlington75 18Alexandria133 19Fairfax393 20Loudoun Area136 21Martinsville Area129 22Danville Area459 23Roanoke Area224 24Lynchburg Area274 25Staunton Area253 26Harrisonburg Area460 27Radford Area358 28Bristol Area265 29Buchanan Area494 30Lee Area103 31Prince William Area180 Total7.675* * Includes all forms received, including those found not in violation or missing information * Six missing court identification

Sentencing Revocation Reports Received Dispositions for Technical and New Law Violations FY2013 (Preliminary) Actual Disposition Received ProbationJail = 1yr. NEW LAW VIOLATOR675 (18%)1653 (44%)1414 (38%) TECHNICAL VIOLATOR801 (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 Received New Law Violations by Type of New Crime FY2013 (Preliminary) N= 3864

12 VCC IDFrequencyPercent Missing A21.1 A33.1 A53.1 A62.1 A916.4 C914.4 F213.3 F320.5 F F F F I98.2 M M M39.2 M M S Total Sentencing Revocation Reports Received New Law Violations by Type of New Crime Most Serious Offense Identified FY2013 (Preliminary) Felonies (44.4%) Misdemeanors (44.0%) Traffic Infractions Type Not Clear

13 Sentencing Revocation Reports Received by Type of Violation and Sanction Received FY2013 (Preliminary) Probation Jail Prison Median 6 mos. Median 5 mos. Median 1.75 yrs. Median 1.8 yrs. Median 2.0 yrs. * n= 3067 Technical Violations, 106 missing information * n= 3742 New Law Violations, 122 missing information

Sentencing Revocation Reports 7,681 Technical Violations 3,613 Included in Probation Violation Guidelines Compliance Analysis 3,173 Not Included in Probation Violation Guidelines Compliance Analysis * 440 New Crime Violations 3, * 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. Sentencing Revocation Reports Received FY2013 (Preliminary) Violator Type Unknown 54 Found Not in Violation 150

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

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

FY WorksheetFY2006-FY2007 Worksheet New factors were added Existing factors were adjusted Point values were increased

18 N = 4,643N = 5,584N = 4,860N = 5,067N = 4,216 Probation Violation Guidelines – “Technical” Compliance and Direction of Departures FY2005 – FY2013 (Preliminary) N = 4,705N = 4413 N = 3173

RECOMMENDED DISPOSITION ACTUAL DISPOSITION Probation Jail up to 12 Months Prison 1 Year or More Probation 48.7%39.4%11.9% Jail up to 12 Months 17.1%65.8%17.1% Prison 1 Year or More 13.5%33.5%53.0% 19 Probation Violation Guidelines Dispositional Compliance and Direction of Departures FY2013 (Preliminary) N= 3019 Technical Violations, 154 Missing Information

RECOMMENDED DISPOSITION ACTUAL DISPOSITION Probation Jail up to 12 Months Prison 1 Year or More Probation 48.7%39.4%11.9% Jail up to 12 Months 17.1%65.8%17.1% Prison 1 Year or More 13.5%33.5%53.0% 20 Probation Violation Guidelines Dispositional Compliance and Direction of Departures FY2013 (Preliminary) Median Jail Sentence 6 months Median Prison Sentence 2 years N= 3019 Technical Violations, 154 Missing Information

Probation Violation Guidelines Most Frequently Cited Departure Reasons FY2013 (Preliminary) 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%) 2 nd or subsequent revocation (5.8%) Poor rehabilitation potential (5.2%) Fail to follow instructions (5.0%) 21

22 December 1, 2013 Annual Report