Post on 06-Aug-2020
Sentencing Revocation Reports &Probation Violation Guidelines (FY2014)
Sentencing Revocation Report is completed for all cases involving felony violations of:
• Probation
• Post‐release terms administered by the court
• Good behavior
• Suspended sentence
• Community‐based programs
2,886
3,643 3,490
5,5115,783
5,0785,370 5,3205,500
6,6656,263
4,663
5,2285,129
5,392
3,415
2,2782,630
2,183
3,228 3,3323,173
3,361
3,9483,666
4,753
5,180 5,133
5,2246051
5,7445,957
3,551
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
TechnicalNew Law
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Sentencing Revocation Reports Received for Technical and New Law ViolationsFY1998 ‐ FY2014 (Preliminary)
Note: FY14 includes cases received by May 1, 2014 (March Sentencing Events)
51%
49%
6,263
4,998 4,663
5,228 5,1295,392
5,1805,133 5,224
60515,744
5,957
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
2008 2009 2010 2011 2012 2013
TechnicalNew Law
4
Sentencing Revocation Reports Received for Technical and New Law Violations
Calendar Year 2008 ‐ 2013
Note: FY14 includes cases received by May 1, 2014 (March Sentencing Events)
52%
48%
Sentencing Revocation Reports Receivedby Judicial Circuit
FY2014 (Preliminary)
Highest Number Received
• Circuit 4 ‐ Norfolk
• Circuit 29 ‐ Buchanan Area
• Circuit 1 ‐ Chesapeake
• Circuit 15 ‐ Fredericksburg Area
Circuit Area Number
1 Chesapeake 4362 Virginia Beach 1453 Portsmouth 2214 Norfolk 5005 Suffolk Area 2036 Sussex Area 487 Newport News 1508 Hampton 2209 Williamsburg Area 18210 South Boston Area 13411 Petersburg Area 4612 Chesterfield Area 13913 Richmond City 20414 Henrico 25215 Fredericksburg Area 41516 Charlottesville Area 13717 Arlington 7518 Alexandria 9719 Fairfax 30920 Loudoun Area 14621 Martinsville Area 11422 Danville Area 44123 Roanoke Area 23324 Lynchburg Area 28025 Staunton Area 27126 Harrisonburg Area 42927 Radford Area 37628 Bristol Area 19929 Buchanan Area 47530 Lee Area 10331 Prince William Area 169
Total 7,149** Includes all forms received, including those found not in violation or missing information
Sentencing Revocation Reports ReceivedDispositions for Technical and New Law Violations
FY2014 (Preliminary)
Actual Disposition Received
Probation Jail <= 12 mos. Prison >= 1yr.
NEW LAW VIOLATOR 652 (19%) 1521 (44%) 1307 (38%)
TECHNICAL VIOLATOR 751 (22%) 1670 (50%) 927 (28%)
TOTAL* 1403 (21%) 3191 (47%) 2234 (33%)
* Sentencing information was missing in 138 cases
Other information missing in 72.
Not in violation 111 cases
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Misdemeanor 45.7%
Felony 43.3%
None Cited/ Unknown
10.9%
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Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime
FY2014 (Preliminary)
Cases = 3,551
Missing 353 9.9A1 2 0.1A2 1 0A3 2 0.1A5 1 0A6 5 0.1A9 13 0.4C3 1 0C5 2 0.1C6 2 0.1C9 10 0.3F2 10 0.3F3 17 0.5F4 23 0.6F5 293 8.3F6 514 14.5F9 643 18.1I9 6 0.2M1 1299 36.6M2 28 0.8M3 5 0.1M4 136 3.8M9 102 2.9S9 83 2.3Total 3551 100
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VCC ID Frequency Percent
Sentencing Revocation Reports ReceivedNew Law Violations by Type of New Crime
FY2014 (Preliminary)
Felonies
Misdemeanors
Traffic Infractions
Type Not Clear
22.4% 21.8% 15.1%
49.9% 52.1%
36.2%
27.7% 26.0%
48.7%
TechnicalViolation
New MisdemeanorViolation
New FelonyViolation
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Sentencing Revocation Reports Received by Type of Violation and Sanction Received
FY2014 (Preliminary)
Probation
Jail
Prison
Median 6 mos.
Median 6 mos.Median 6 mos.
Median 1.5 yrs. Median 1.6 yrs.
Median 2.0 yrs.
Sentencing Revocation Reports 7,149
Technical Violations
3,415
Included in Probation Violation Guidelines Compliance Analysis
2,949
Not Included in Probation Violation Guidelines
Compliance Analysis *466
New Crime Violations
3,551
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* 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 FY2014 (Preliminary)
Violator Type Unknown
72Found Not in
Violation111
Probation Violation Guidelines Cases – “Technicals”by Type of Original Offense
FY2014 (Preliminary)
43.4%
32.8%
16.2%
4.3% 3.4%
0%
10%
20%
30%
40%
50%
60%
Property Drug Person Traffic Other
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0.4%
0.9%
3.7%
3.9%
3.9%
16.6%
17.8%
27.7%
28.7%
53.3%
58.5%
Use, possess, etc., firearm
Fail to allow PO to visit
Use alcohol to excess
Fail to report arrest to PO
Fail to maintain regular employment
Fail to report to PO as instructed
Move without permission
Violate special court-imposed conditions
Abscond from supervision
Fail to follow instructions
Use, etc., controlled substances
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Types of Violations Cited in Probation Violation Guidelines Cases – “Technicals”
FY2014 (Preliminary)
Percentages do not total 100% because there may be multiple violations cited for each defendant
Financial 43%Substance abuse treatment 30%Alternative programs 7%Sex offender restrictions 7%
FY2008-2014 WorksheetFY2006-FY2007 Worksheet
New factors were added
Existing factors were adjusted
Point values were increased
37%
48% 47%54% 53% 53% 54% 50% 52% 53%
27%
30% 32%25% 26% 26% 24%
26% 23% 23%
35%
22% 21% 21% 21% 22% 22% 24% 25% 24%
FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14*
Compliance Mitigation Aggravation
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N = 3,140
Probation Violation Guidelines – “Technicals” Compliance and Direction of Departures
FY2005 – FY2014 (Preliminary)
N = 4,905 N = 2,949*N = 4,659N = 4,763N = 4,223N = 5,024N = 5,920 N = 4,486 N = 4,482
* FY14 includes cases received by May 1, 2014 (March Sentencing Events)
RECOMMENDED DISPOSITION
ACTUAL DISPOSITION
ProbationJail up to
12 MonthsPrison
1 Year or More
Probation 44.4% 43.9% 11.7%
Jail up to 12 Months 17.9% 67.3% 14.8%
Prison 1 Year or More 15.1% 31.6% 53.3%
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Probation Violation Guidelines Dispositional Compliance and Direction of DeparturesFY2014 (Preliminary)
Median Jail
Sentence 6 months
Median Prison
Sentence 1 yr. 10 mo.
Probation Violation Guidelines Most Frequently Cited Departure Reasons ‐ (Percent of Cases)FY2014 (Preliminary)
Mitigation (23.2%)
Most frequently cited: No Reason
(55.5%) Judicial Discretion
(6.3%) Sentenced to Alternative
(5.3%) Plea Agreement (5.3%) Offender’s Health (5.3%)
Aggravation (24.0%)
Most frequently cited: No Reason
(48.6%) Fail to follow instructions
(7.6%) Absconded (5.2%) Needs Rehabilitation Thru
Jail/Prison (5.2%)
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Sentencing Revocation Reports &Probation Violation Guidelines (FY2014)