Training Update| User Comments | Possible Revisions Administration TopicsAdministration Topics

Schedule| Seminars| User Comments Training UpdateTraining Update

 Seminars offered  Locations  Attendance  Future seminars  New 1 hour course for judges Training

Introduction to Sentencing Guidelines – Spring/Summer hours, Approved 6 CLE Seminars Include: Attorneys and Criminal Justice Professionals General Information on Sentencing Guidelines Scoring each Guidelines Factor Primary Offense Instant Offense Factors Prior Record Factors Risk Assessment Instruments Probation Violation Guidelines 9 Seminars in 6 Locations

What’s New 2013 Seminar 2 hours, Approved 2 CLE Chesapeake Accomack Williamsburg Fredericksburg Abingdon Big Stone Gap Radford Roanoke Henrico Hampton Virginia Beach Harrisonburg Richmond Charlottesville Keysville Danville Lynchburg Chesterfield Fairfax Arlington Winchester Warsaw Portsmouth Emporia 44 Seminars in 24 Locations Seminar Includes: Experienced users of Sentencing Guidelines New laws from the 2013 General Assembly Updated VCCs New Offenses Covered by Guidelines Increased Scores on Certain Worksheets Non-Violent Offender Risk Assessment Label changes to Sentencing Guidelines

 60 total Seminars  750 Attorneys, Probation and Parole Officers and Criminal Justice Professionals trained With more to come… Rollup

Fall 2013: Advanced Sentencing Guidelines and Ethical Hypotheticals 6 hours, Approved 6 CLE, 1 hour of Ethics 7 Seminars in 7 Locations Seminars Include: Experienced users of Sentencing Guidelines Discussion-oriented Seminar State Bar leads Discussion on Ethical Issues Relating to the Guidelines Various Guidelines Issues Victim Injury Weapons Factors Out of State Prior Record Order of Sentencing

Fall 2013: Refresher – Regional Guidelines Topics 3 hours, Approved 3 CLE 7 Seminars in 4 Locations Seminars Include: Experienced users of Sentencing Guidelines Interactive Session; Participants Guide Topics Covered Issues Identified by Audits Factor Bargaining Selecting Primary Offense Legal Restraint Out of State Prior Record Deferred Finding

Introduction to Sentencing Guidelines – December 2013 Seminars Include: Attorneys and Criminal Justice Professionals General Information on Sentencing Guidelines Scoring each Guidelines Factor Primary Offense Instant Offense Factors Prior Record Factors Risk Assessment Instruments Probation Violation Guidelines 4 Seminars in 4 Locations

Comments From the Field

User Comments| Seminars| Hotline Possible Topics for RevisionsPossible Topics for Revisions

Felony Synthetic Marijuana Possible Topics for Revisions (1)Possible Topics for Revisions (1)

 Add Felony Synthetic Marijuana Offense(s) – § :1 (C) - Distribute synthetic cannabinoids – § :1 (D) - Distribute synthetic cannabinoids to inmate – § :1 (E) - Manufacture synthetic cannabinoids – § (A,i) - Distribute synthetic cannabinoids to minors  Effective: March 23, 2011 Possible Topics for Guidelines Revisions (1) Determine if there are enough convictions to develop historically based worksheets

Fraud and Larceny Worksheets Possible Topics for Revisions (2)Possible Topics for Revisions (2)

 Analyze the Interaction Between Fraud and Larceny Worksheets – Scenario: Obtain Money by False Pretense (§ ) & Grand Larceny (§ )  Grand larceny is the primary offense because grand larceny scores more points on Section C than false pretense.  With grand larceny as the primary, the recommendation is a short jail sentence.  With false pretense scored as the primary, the recommendation is a prison sentence. Possible Topics for Guidelines Revisions (2) Identify any systematic scoring issues and propose possible solutions to better reflect historical sentencing

Prescription Fraud Possible Topics for Revisions (3)Possible Topics for Revisions (3)

 Reevaluate Prescription Fraud (§ ) – Guidelines for this offense were last revised January – Users requested a review based on increases in number of convictions. Possible Topics for Guidelines Revisions (3)

Number of Counts Number of Worksheets Submitted

 Reevaluate Prescription Fraud (§ ) – FY2013 Compliance (Preliminary) Possible Topics for Guidelines Revisions (3) Identify any change in sentencing patterns and propose modifications to better reflect historical sentencing

Burglary Worksheets Possible Topics for Revisions (4)Possible Topics for Revisions (4)

 Review Burglary Guidelines (§§ ) – FY 2013 Compliance (Preliminary) Possible Topics for Guidelines Revisions (4) Burglary DwellingBurglary Other Structure Compliance 65.3% Aggravation 14.7% Mitigation 20.0% Compliance 76.9% Aggravation 11.8% Mitigation 11.3%

§ Adoption of initial discretionary sentencing guideline midpoints. — A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements: 1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of § , forcible sodomy, object sexual penetration, and aggravated sexual battery, shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life; 2. The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; 3. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving or distributing, or possessing with the intent to manufacture, sell, give or distribute a Schedule I or II controlled substance shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and 4. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years, and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.

 Review Burglary Guidelines (§§ ) – FY 2013 Compliance (Preliminary) Possible Topics for Guidelines Revisions (4) Identify any systematic scoring issues and propose possible solutions to better reflect historical sentencing ComplianceMitigationAggravation Number Burglary Dwelling Dwelling at night with intent to commit felony67.5%19.5%13.0% Dwelling at night with intent to commit felony with deadly weapon75.0%25.0%.0% Dwelling house with intent to murder, etc.50.0%.0%50.0% Dwelling house with intent to murder, etc., with deadly weapon92.9%7.1%.0% Dwelling house with intent to commit larceny64.9%20.0%15.2% Dwelling house with intent to commit larceny, etc., with deadly weapon50.0%22.2%27.8% Enter occupied dwelling, intent to commit misdemeanor58.3%41.7%.0% 12 Burglary Other Structure Other Structure with intent to murder, etc., with deadly weapon100.0%.0% Other structure with intent to murder, etc100.0%.0% Other structure with intent to commit larceny78.0%9.8%12.2% Other Structure with intent to commit larceny, etc., with deadly weapon100.0%.0% Enter bank armed with entent to commit larceny50.0%.0% Possession of tools with intent to commit burglary, etc.71.1%23.7%5.3% 38

Child Solicitation and Child Pornography Possible Topics for Revisions (5)Possible Topics for Revisions (5)

 Reanalyze Child Solicitation & Child Pornography Offenses (§§ , :1, ) – Guidelines were established for child pornography offenses on July 1, 2007 – The same year, the child pornography statutes were amended to include increased penalties and mandatory minimums. Possible Topics for Guidelines Revisions (5)

Guidelines were developed based on statutes in place prior to July 1, July 1, 2007, statutory maximums were changed, mandatory minimums and age specific elements were added to the child pornography statutes.

 Reanalyze Child Solicitation & Child Pornography Offenses (§§ , :1, ) – User Concerns  Production of child porn is assigned fewer points than possession of child porn on Section A – Production carries a statutory maximum of 20, 30, or 40 years and is often the primary offense – Possession of child porn, subsequent offense, has a statutory maximum of 10 years  In some scenarios, the guidelines will recommend a jail sentence of 6 months or less  In most scenarios, the guidelines recommendation will be replaced by the mandatory minimum  Professed sex addict with one count each of possessing child porn and distributing child porn results in a probation recommendation  Scoring the number of images inflate the guidelines recommendation – Note: An image with a child less than age 13 always goes to Section C Possible Topics for Guidelines Revisions (5)

 Reanalyze Child Solicitation & Child Pornography Offenses (§§ , :1, ) – FY 2013 Compliance (Preliminary) Possible Topics for Guidelines Revisions (5) Compliance 62.6% Aggravation 21.1% Mitigation 16.3% Identify any change in sentencing patterns and propose modifications to better reflect historical sentencing

Proceed with Research | Any Suggestions | Other Topics Possible Topics for RevisionsPossible Topics for Revisions