1. Develop, maintain and modify as may be deemed necessary, a proposed systemof statewide discretionary sentencing guidelines for use in all felony caseswhich will take into account historical data, when available, concerning timeactually served for various felony offenses committed prior to January 1,1995, and sentences imposed for various felony offenses committed on or afterJanuary 1, 1995, and such other factors as may be deemed relevant tosentencing.
2. Prepare, periodically update, and distribute sentencing worksheets for theuse of sentencing courts which, when used, will produce a recommendedsentencing range for a felony offense in accordance with the discretionarysentencing guidelines established pursuant to subdivision 1.
3. Prepare, periodically update, and distribute a form for the use ofsentencing courts which will assist such courts in recording the reason orreasons for any sentence imposed in a felony case which is greater or lessthan the sentence recommended by the discretionary sentencing guidelines.
4. Prepare guidelines for sentencing courts to use in determining appropriatecandidates for alternative sanctions which may include, but not be limited to(i) fines and day fines, (ii) boot camp incarceration, (iii) localcorrectional facility incarceration, (iv) diversion center incarceration, (v)detention center incarceration, (vi) home incarceration/electronicmonitoring, (vii) day or evening reporting, (viii) probation supervision,(ix) intensive probation supervision, and (x) performance of communityservice.
5. Develop an offender risk assessment instrument for use in all felonycases, based on a study of Virginia felons, that will be predictive of therelative risk that a felon will become a threat to public safety.
6. Apply the risk assessment instrument to offenders convicted of any felonythat is not specified in (i) subdivision 1, 2 or 3 of subsection A of §17.1-805 or (ii) subsection C of § 17.1-805 under the discretionarysentencing guidelines, and shall determine, on the basis of such assessmentand with due regard for public safety needs, the feasibility of achieving thegoal of placing 25 percent of such offenders in one of the alternativesanctions listed in subdivision 4. If the Commission so determines thatachieving the 25 percent or a higher percentage goal is feasible, it shallincorporate such goal into the discretionary sentencing guidelines, to becomeeffective on January 1, 1996. If the Commission so determines that achievingthe goal is not feasible, the Commission shall report that determination tothe General Assembly, the Governor and the Chief Justice of the Supreme Courtof Virginia on or before December 1, 1995, and shall make suchrecommendations as it deems appropriate.
7. Monitor sentencing practices in felony cases throughout the Commonwealth,including the use of the discretionary sentencing guidelines, and maintain adatabase containing the information obtained.
8. Monitor felony sentence lengths, crime trends, correctional facilitypopulation trends and correctional resources and make recommendationsregarding projected correctional facilities capacity requirements and relatedcorrectional resource needs.
9. Study felony statutes in the context of judge-sentencing andjury-sentencing patterns as they evolve after January 1, 1995, and makerecommendations for the revision of general criminal offense statutes toprovide more specific offense definitions and more narrowly prescribed rangesof punishment.
10. Report upon its work and recommendations annually on or before December 1to the General Assembly, the Governor and the Chief Justice of the SupremeCourt of Virginia. Such report shall include any modifications to thediscretionary sentencing guidelines adopted by the Commission pursuant tosubdivision 1 and shall be accompanied by a statement of the reasons forthose modifications.
11. Perform such other functions as may be otherwise required by law or asmay be necessary to carry out the provisions of this chapter.
(1994, 2nd Sp. Sess., cc. 1, 2, § 17-235; 1998, c. 872; 2003, c. 139.)
1. Develop, maintain and modify as may be deemed necessary, a proposed systemof statewide discretionary sentencing guidelines for use in all felony caseswhich will take into account historical data, when available, concerning timeactually served for various felony offenses committed prior to January 1,1995, and sentences imposed for various felony offenses committed on or afterJanuary 1, 1995, and such other factors as may be deemed relevant tosentencing.
2. Prepare, periodically update, and distribute sentencing worksheets for theuse of sentencing courts which, when used, will produce a recommendedsentencing range for a felony offense in accordance with the discretionarysentencing guidelines established pursuant to subdivision 1.
3. Prepare, periodically update, and distribute a form for the use ofsentencing courts which will assist such courts in recording the reason orreasons for any sentence imposed in a felony case which is greater or lessthan the sentence recommended by the discretionary sentencing guidelines.
4. Prepare guidelines for sentencing courts to use in determining appropriatecandidates for alternative sanctions which may include, but not be limited to(i) fines and day fines, (ii) boot camp incarceration, (iii) localcorrectional facility incarceration, (iv) diversion center incarceration, (v)detention center incarceration, (vi) home incarceration/electronicmonitoring, (vii) day or evening reporting, (viii) probation supervision,(ix) intensive probation supervision, and (x) performance of communityservice.
5. Develop an offender risk assessment instrument for use in all felonycases, based on a study of Virginia felons, that will be predictive of therelative risk that a felon will become a threat to public safety.
6. Apply the risk assessment instrument to offenders convicted of any felonythat is not specified in (i) subdivision 1, 2 or 3 of subsection A of §17.1-805 or (ii) subsection C of § 17.1-805 under the discretionarysentencing guidelines, and shall determine, on the basis of such assessmentand with due regard for public safety needs, the feasibility of achieving thegoal of placing 25 percent of such offenders in one of the alternativesanctions listed in subdivision 4. If the Commission so determines thatachieving the 25 percent or a higher percentage goal is feasible, it shallincorporate such goal into the discretionary sentencing guidelines, to becomeeffective on January 1, 1996. If the Commission so determines that achievingthe goal is not feasible, the Commission shall report that determination tothe General Assembly, the Governor and the Chief Justice of the Supreme Courtof Virginia on or before December 1, 1995, and shall make suchrecommendations as it deems appropriate.
7. Monitor sentencing practices in felony cases throughout the Commonwealth,including the use of the discretionary sentencing guidelines, and maintain adatabase containing the information obtained.
8. Monitor felony sentence lengths, crime trends, correctional facilitypopulation trends and correctional resources and make recommendationsregarding projected correctional facilities capacity requirements and relatedcorrectional resource needs.
9. Study felony statutes in the context of judge-sentencing andjury-sentencing patterns as they evolve after January 1, 1995, and makerecommendations for the revision of general criminal offense statutes toprovide more specific offense definitions and more narrowly prescribed rangesof punishment.
10. Report upon its work and recommendations annually on or before December 1to the General Assembly, the Governor and the Chief Justice of the SupremeCourt of Virginia. Such report shall include any modifications to thediscretionary sentencing guidelines adopted by the Commission pursuant tosubdivision 1 and shall be accompanied by a statement of the reasons forthose modifications.
11. Perform such other functions as may be otherwise required by law or asmay be necessary to carry out the provisions of this chapter.
(1994, 2nd Sp. Sess., cc. 1, 2, § 17-235; 1998, c. 872; 2003, c. 139.)
1. Develop, maintain and modify as may be deemed necessary, a proposed systemof statewide discretionary sentencing guidelines for use in all felony caseswhich will take into account historical data, when available, concerning timeactually served for various felony offenses committed prior to January 1,1995, and sentences imposed for various felony offenses committed on or afterJanuary 1, 1995, and such other factors as may be deemed relevant tosentencing.
2. Prepare, periodically update, and distribute sentencing worksheets for theuse of sentencing courts which, when used, will produce a recommendedsentencing range for a felony offense in accordance with the discretionarysentencing guidelines established pursuant to subdivision 1.
3. Prepare, periodically update, and distribute a form for the use ofsentencing courts which will assist such courts in recording the reason orreasons for any sentence imposed in a felony case which is greater or lessthan the sentence recommended by the discretionary sentencing guidelines.
4. Prepare guidelines for sentencing courts to use in determining appropriatecandidates for alternative sanctions which may include, but not be limited to(i) fines and day fines, (ii) boot camp incarceration, (iii) localcorrectional facility incarceration, (iv) diversion center incarceration, (v)detention center incarceration, (vi) home incarceration/electronicmonitoring, (vii) day or evening reporting, (viii) probation supervision,(ix) intensive probation supervision, and (x) performance of communityservice.
5. Develop an offender risk assessment instrument for use in all felonycases, based on a study of Virginia felons, that will be predictive of therelative risk that a felon will become a threat to public safety.
6. Apply the risk assessment instrument to offenders convicted of any felonythat is not specified in (i) subdivision 1, 2 or 3 of subsection A of §17.1-805 or (ii) subsection C of § 17.1-805 under the discretionarysentencing guidelines, and shall determine, on the basis of such assessmentand with due regard for public safety needs, the feasibility of achieving thegoal of placing 25 percent of such offenders in one of the alternativesanctions listed in subdivision 4. If the Commission so determines thatachieving the 25 percent or a higher percentage goal is feasible, it shallincorporate such goal into the discretionary sentencing guidelines, to becomeeffective on January 1, 1996. If the Commission so determines that achievingthe goal is not feasible, the Commission shall report that determination tothe General Assembly, the Governor and the Chief Justice of the Supreme Courtof Virginia on or before December 1, 1995, and shall make suchrecommendations as it deems appropriate.
7. Monitor sentencing practices in felony cases throughout the Commonwealth,including the use of the discretionary sentencing guidelines, and maintain adatabase containing the information obtained.
8. Monitor felony sentence lengths, crime trends, correctional facilitypopulation trends and correctional resources and make recommendationsregarding projected correctional facilities capacity requirements and relatedcorrectional resource needs.
9. Study felony statutes in the context of judge-sentencing andjury-sentencing patterns as they evolve after January 1, 1995, and makerecommendations for the revision of general criminal offense statutes toprovide more specific offense definitions and more narrowly prescribed rangesof punishment.
10. Report upon its work and recommendations annually on or before December 1to the General Assembly, the Governor and the Chief Justice of the SupremeCourt of Virginia. Such report shall include any modifications to thediscretionary sentencing guidelines adopted by the Commission pursuant tosubdivision 1 and shall be accompanied by a statement of the reasons forthose modifications.
11. Perform such other functions as may be otherwise required by law or asmay be necessary to carry out the provisions of this chapter.
(1994, 2nd Sp. Sess., cc. 1, 2, § 17-235; 1998, c. 872; 2003, c. 139.)
