JUDICIAL CONCURRENCE Preliminary FY2007

Preliminary FY2007 Guideline Worksheets Keyed as of 3/5/07 (N=10,715)

General Compliance

Preliminary FY2007 Judicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. FY06 80%

Preliminary FY2007 Judicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. FY06 80%

Preliminary FY2007 Recommended vs. Actual Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended by the guidelines. ACTUAL DISPOSITION RECOMMENDED DISPOSITION Probation/No Incarceration Incarceration less than 6 months Incarceration over 6 months Probation/No Incarceration73.5%23.0%3.6% Incarceration less than 6 months11.5%75.6%12.9% Incarceration over 6 months5.9%8.3%85.8%

Preliminary FY2007 Recommended vs. Actual Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended by the guidelines. ACTUAL DISPOSITION RECOMMENDED DISPOSITION Probation/No Incarceration Incarceration less than 6 months Incarceration over 6 months Probation/No Incarceration73.5%23.0%3.6% Incarceration less than 6 months11.5%75.6%12.9% Incarceration over 6 months5.9%8.3%85.8%

Preliminary FY2007 Judicial Agreement with Sentence Length Durational compliance: The degree to which judges agree with the sentence length recommended in jail and prison cases.

Preliminary FY2007 Judicial Agreement with Sentence Length Durational compliance: The degree to which judges agree with the sentence length recommended in jail and prison cases.

Departure Reasons

Most Frequently Cited Departure Reasons Mitigation (9.9%) Plea Agreement Cooperative with Authorities Facts of the Case Other Sentence to Serve Recommendation of CA/PO Aggravation (10.5%) Plea Agreement Flagrancy of the Offense Guidelines Recommendation Too Low Poor Potential for Rehabilitation Jury Sentence

Most Frequently Cited Departure Reasons Mitigation (9.9%) Plea Agreement Cooperative with Authorities Facts of the Case Other Sentence to Serve Recommendation of CA/PO Aggravation (10.5%) Plea Agreement Flagrancy of the Offense Guidelines Recommendation Too Low Poor Potential for Rehabilitation Jury Sentence

Compliance by Judicial Circuit

Preliminary FY2007 Compliance by Judicial Circuit

Circuit 29 (Buchanan Co Area) 69% Circuit 15 (Fredericksburg Area) 71% Circuit 9 (Williamsburg Area) 72%

Preliminary FY2007 Compliance by Judicial Circuit

Circuit 27 (Radford Area) 91% Circuit 7 (Newport News Area) 86% Circuit 28 (Bristol Area) 85%

Judicial Concurrence By Type of Offense

Preliminary FY2007 Judicial Concurrence by Type of Offense Nonviolent

Preliminary FY2007 Judicial Concurrence by Type of Offense

Nonviolent Risk Assessment

Drug, Fraud, & Larceny Purpose: –To recommend alternative sanctions for offenders who are statistically less likely to recidivate Type of alternative at discretion of judge

X

Nonviolent Risk Assessment Drug, Fraud, & Larceny Purpose: –To recommend alternative sanctions for offenders who are statistically less likely to recidivate Type of alternative at discretion of judge

Preliminary FY2007 Nonviolent Risk Assessment Not Recommended for Alternative Recommended for Alternative

Preliminary FY2007 Nonviolent Risk Assessment Not Recommended for Alternative Recommended for Alternative

Sex Offender Risk Assessment

Rape & Other Sexual Assault Guidelines Purpose: –To extend the upper end of the guidelines recommendation for sex offenders who are statistically more likely to recidivate Enhancements –Level 1 300% Increase in upper end of guidelines range –Level 2 100% Increase in upper end of guidelines range –Level 3 50% Increase in upper end of guidelines range

Sex Offender Risk Assessment Rape & Other Sexual Assault Guidelines Purpose: –To extend the upper end of the guidelines recommendation for sex offenders who are statistically more likely to recidivate Enhancements –Level 1 300% Increase in upper end of guidelines range –Level 2 100% Increase in upper end of guidelines range –Level 3 50% Increase in upper end of guidelines range

Level 3 50% Level 2 100% Level 1 300%

Preliminary FY2007 Sex Offender Risk Assessment

Other Sexual Assault (n=82 cases) Rape (n=186 cases)

Preliminary FY2007 Sex Offender Risk Assessment Other Sexual Assault (n=82 cases) Rape (n=186 cases)

Jury Sentencing

Jury Sentencing Parole vs. Truth-in-Sentencing Truth-in-Sentencing

Jury Sentencing Parole vs. Truth-in-Sentencing Truth-in-Sentencing

Preliminary FY2007 Jury vs. Non-Jury Sentencing

New Guideline Offenses Effective July 1, 2006

New Guideline Offenses Fraud Worksheet –Uttering public record FRD-2535-F4 –Identity fraud, value >$200 FRD-2509-F6 –False application, public assistanceFRD-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

New Guideline Offenses Fraud Worksheet –Uttering public record FRD-2535-F4 –Identity fraud, value >$200 FRD-2509-F6 –False application, public assistanceFRD-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

New Guideline Offenses Fraud Worksheet –Uttering public record FRD-2535-F4 –Identity fraud, value >$200 FRD-2509-F6 –False application, public assistanceFRD-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

New Guideline Offenses Fraud Worksheet –Uttering public record FRD-2535-F4 –Identity fraud, value >$200 FRD-2509-F6 –False application, public assistanceFRD-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

Identity Fraud (n=16 cases)

Eluding Police, Endangerment (n=172 cases)

False Statement on Consent Form for Weapon (n=34 cases) Mitigations Most sentenced to probation Most frequent departure reasons: Plea agreement Recommendation of CA

False Statement on Consent Form for Weapon (n=34 cases)