JUDICIAL CONCURRENCE WITH SENTENCING GUIDELINES July 1, 2006 – June 30, 2007 (Preliminary)

Number of Guideline Worksheets Received FY1997 – FY2007

FY07 Guideline Worksheets by Type of Primary Offense (N=26,093)

GENERAL COMPLIANCE

FY07 Judicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. FY06 80%

FY07 Recommended vs. Actual Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended by the guidelines. Recommended Disposition Probation/No Incarceration Incarceration <= 6 months Incarceration > 6 months Probation/No Incarceration72.6%23.5%3.9% Incarceration <= 6 months11.2%76.0%12.8% Incarceration > 6 months5.9%8.4%85.7% Actual Disposition

DEPARTURE REASONS

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

COMPLIANCE BY CIRCUIT

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% 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%

Compliance VIOLENT VS. NONVIOLENT CRIMES

Percentage of FY07 Sentencing Events Involving Violent Offenders (Current and/or Prior Violent Offenses as defined by § )

FY07 Violent Offender Profile Current and/or Prior Violent Offense* *Note: Violent offenses are defined by § 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.

FY07 Compliance Current and/or Prior Violent Offenses* *Note: Violent offenses are defined by § 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.

COMPLIANCE BY TYPE OF OFFENSE

Guidelines Compliance by Primary Offense FY2007

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 80% or higher

NONVIOLENT RISK ASSESSMENT

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

ELIGIBLE RISK ASSESSMENT CASES ALTERNATIVE SANCTIONS RECOMMENDED & RECEIVED

Sentencing Guidelines Compliance Rates for Nonviolent Offenders Screened with Risk Assessment FY2007 (n=6,937) Fraud Larceny Cases 7% 9% 8% Drug6% 61% 73% 50% 59% 22% 9% 37% 24% 10% 9% 5% 11% 6,937 1,788 1,177 3,972 OffenseMitigation Compliance Aggravation Number of Cases TraditionalAlternative 83% 82% 87% 83%

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

SEX OFFENDER RISK ASSESSMENT FY2007

Sentencing Guidelines Compliance Rates for Rape Offenders by Risk Assessment Levels FY2007 (n=194) Moderate Risk High Risk Very High Risk 25% 16% 23% No Level24% 50% 45% 60% 63% 25% 29% 15% --- 0% 10% 2% 13% Risk Assessment Level Mitigation Compliance Aggravation Number of Cases TraditionalAdjusted 75% 74% 75%

Sentencing Guidelines Compliance Rates for Other Sexual Assault Offenders by Risk Assessment Levels FY2007 (n=490) Moderate Risk High Risk Very High Risk 18% 23% 18% No Level13% 55% 61% 57% 63% 27% 14% 17% --- 0% 2% 8% 24% Risk Assessment Level Mitigation Compliance Aggravation Number of Cases TraditionalAdjusted 82% 75% 74%

SENTENCING IN SEX OFFENDER CASES

JURY SENTENCING

PERCENT OF FELONY SENTENCING EVENTS ADJUDICATED BY JURIES FY1986 – FY2007

SENTENCING GUIDELINES COMPLIANCE IN JURY VS. NON-JURY CASES FY2007

NEW GUIDELINE OFFENSES FY2007

NEW GUIDELINE OFFENSES (effective 7/1/2006) 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 > $200 FY2007 (N=40)

ELUDING POLICE WITH ENDANGERMENT FY2007 (N=421)

FALSE STATEMENT ON WEAPON CONSENT FORM FY2007 (N=66) Most Frequent Mitigating Reasons: Minimal circumstances Plea agreement Lack of serious prior record Recommendation of Commonwealth

SENTENCING REVOCATION REPORTS & PROBATION VIOLATION GUIDELINES Preliminary FY2007

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

Number of Sentencing Revocation Reports Received by Year FY2004 – FY2007

Number of Sentencing Revocation Reports (SRRs) Received by Circuit  Technical & New Law Violations  Probation, Suspended Sentence, Good Behavior, etc., Violations  Current & Old Forms Circuit 4 (Norfolk)+152% Circuit 15 (Fredericksburg Area) +42% Circuit 17 (Arlington) +55% Circuit 27 (Radford Area) +43%

PROBATION VIOLATION GUIDELINES For NON-NEW CONVICTION PROBATION Violators FY2007

FY2007 PROBATION VIOLATION GUIDELINES DO GUIDELINES APPLY? (N=11,362)

Probation Violation Guidelines

Number of Probation Violation Guidelines Received by Year FY2005 – FY2007

Non-New Conviction Probation Violators by Type of Original Offense* FY2007 (n=5,584) 3.4% Sex Offenders 8.4% Other Person *Offense categories taken from “Appendix E: Offense Types” in the 3 rd Edition of the Sentencing Revocation Report & Probation Violation Guidelines manual.

Conditions Cited in Non-New Conviction Probation Violator Cases* FY2007 (n=5,584) Restitution/court costs12% 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.

Overall Probation Violation Guidelines Compliance and Direction of Departures ( FY2005 – FY2008) N = 4,643N = 5,584N = 4,860N = 327

Probation Violation Guidelines Dispositional Compliance and Direction of Departures FY2007 Actual Disposition Total Recommended DispositionProbationJail <= 12mPrison >=1y Probation Jail <= 12m Prison >=1y Total Median Jail Sentence = 6 mos Median Prison Sentence = 22 mos

Probation Violation Guidelines Durational Compliance and Direction of Departures* FY2007 Median Below 9 mos Median Above 9 mos *Includes cases recommended for jail or prison incarceration only.

DEPARTURE REASONS

Probation Violation Guidelines Most Frequently Cited Departure Reasons FY2007 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 2 nd /subseq revocation –Rehabilitation Failed given opportunity Needs rehab through jail –Substance abuse problem –Guidelines too low –Fail to follow instructions –Absconded