Administration Topics

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 20136 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 Seminar2 hours, Approved 2 CLE Chesapeake

AccomackWilliamsburgFredericksburgAbingdonBig Stone GapRadfordRoanokeHenricoHamptonVirginia BeachHarrisonburgRichmond

CharlottesvilleKeysvilleDanvilleLynchburgChesterfieldFairfaxArlingtonWinchesterWarsawPortsmouthEmporia


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 Hypotheticals6 hours, Approved 6 CLE, 1 hour of Ethics

7 Seminars in 7 LocationsSeminars 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 Topics3 hours, Approved 3 CLE

7 Seminars in 4 LocationsSeminars 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


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)– § 18.2-248.1:1 (C) - Distribute synthetic cannabinoids

– § 18.2-248.1:1 (D) - Distribute synthetic cannabinoids to inmate

– § 18.2-248.1:1 (E) - Manufacture synthetic cannabinoids

– § 18.2-255(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


Analyze the Interaction Between Fraud and Larceny Worksheets

– Scenario: Obtain Money by False Pretense (§ 18.2-178) & Grand Larceny (§ 18.2-95) 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.


Identify any systematic scoring issues and propose possible solutions to better reflect historical sentencing

Prescription Fraud


Reevaluate Prescription Fraud (§ 18.2-258.1)

– Guidelines for this offense were last revised January 1995.

– Users requested a review based on increases in number of convictions.



Number of Counts Number of Counts

Number of Worksheets Submitted

Number of Worksheets Submitted

Reevaluate Prescription Fraud (§ 18.2-258.1)– FY2013 Compliance (Preliminary)


Identify any change in sentencing patterns and propose modifications to better reflect historical sentencing

Burglary Worksheets


Review Burglary Guidelines (§§ 18.2-89 -18.2-94)– FY 2013 Compliance (Preliminary)


Burglary Dwelling Burglary Other Structure

Compliance65.3%

Aggravation14.7%

Mitigation20.0%

Compliance76.9%

Aggravation11.8%

Mitigation11.3%

§ 17.1-805. 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, 1995. 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 § 18.2-61, 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 (§§ 18.2-89 -18.2-94)– FY 2013 Compliance (Preliminary)


Identify any systematic scoring issues and propose possible solutions to better reflect historical sentencing

Compliance Mitigation Aggravation Number

Burglary Dwelling

18.2-89 Dwelling at night with intent to commit felony 67.5% 19.5% 13.0% 77

18.2-89 Dwelling at night with intent to commit felony with deadly weapon 75.0% 25.0% .0% 4

18.2-90 Dwelling house with intent to murder, etc. 50.0% .0% 50.0% 2

18.2-90 Dwelling house with intent to murder, etc., with deadly weapon 92.9% 7.1% .0% 14

18.2-91 Dwelling house with intent to commit larceny 64.9% 20.0% 15.2% 726

18.2-91 Dwelling house with intent to commit larceny, etc., with deadly weapon 50.0% 22.2% 27.8% 18

18.2-92 Enter occupied dwelling, intent to commit misdemeanor 58.3% 41.7% .0% 12

Burglary Other Structure

18.2-90 Other Structure with intent to murder, etc., with deadly weapon 100.0% .0% .0% 2

18.2-90 Other structure with intent to murder, etc 100.0% .0% .0% 1

18.2-91 Other structure with intent to commit larceny 78.0% 9.8% 12.2% 327

18.2-91 Other Structure with intent to commit larceny, etc., with deadly weapon 100.0% .0% .0% 4

18.2-93 Enter bank armed with entent to commit larceny 50.0% 50.0% .0% 2

18.2-94 Possession of tools with intent to commit burglary, etc. 71.1% 23.7% 5.3% 38

Child Solicitation and Child Pornography


Reanalyze Child Solicitation & Child Pornography Offenses (§§ 18.2-374.1, 18.2-374.1:1, 18.2-374.3)

– 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.


Guidelines were developed based on statutes in place prior to July 1, 2007.

Guidelines were developed based on statutes in place prior to July 1, 2007.

July 1, 2007, statutory maximums were changed, mandatory minimums and age specific elements were added to the child pornography statutes.

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 (§§ 18.2-374.1, 18.2-374.1:1, 18.2-374.3)

– 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


Reanalyze Child Solicitation & Child Pornography Offenses (§§ 18.2-374.1, 18.2-374.1:1, 18.2-374.3)– FY 2013 Compliance (Preliminary)


Compliance62.6%

Aggravation21.1%

Mitigation16.3%

Identify any change in sentencing patterns and propose modifications to better reflect historical sentencing

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Possible Topics for RevisionsPossible Topics for Revisions

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