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Proposed Recommendations for Guidelines Revisions

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Proposed Recommendations for Guidelines Revisions Proposed Recommendations At its September meeting, the Commission considered proposals for possible revisions to the ... – PowerPoint PPT presentation

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Title: Proposed Recommendations for Guidelines Revisions


1
Proposed Recommendations for Guidelines
Revisions
2
Proposed Recommendations
  • At its September meeting, the Commission
    considered proposals for possible revisions to
    the sentencing guidelines.
  • The Commission voted to table two recommendations
    pending further analysis by staff.
  • Staff have conducted additional analysis for the
    Commissions review.

3
Proposed Recommendation 3False Statement on
Firearm Consent Form
4
False Statement on a Firearm Consent Form,
18.2-308.22(K)
  • Issue
  • This offense was added to the guidelines
    effective July 1, 2006.
  • During the first year of implementation,
    compliance for Making a False Statement on a
    Firearm Consent Form was 67, with mitigation
    comprising nearly all of the departures (30).
  • Most commonly cited reasons for mitigation are
    minimal circumstances of the case, plea
    agreement, lack of serious prior record, and
    recommendation of Commonwealths attorney.
  • Many of the offenders whose sentences were
    mitigated had only one count of the offense, no
    additional offenses, and no victim injury many
    had a prior record that included a previous
    incarceration, but no legal restraint was scored.

5
False Statement on a Firearm Consent Form,
18.2-308.22(K)
Recommended Disposition
Recommended Disposition Probation/ No Incarceration Incarceration 1 day - 6 mos. Incarceration over 6 months
Probation/ No Incarceration 79.3 20.7 0
Incarceration over 6 months 36.8 26.3 36.8
Actual Disposition
29 cases
38 cases
6
Proposed Recommendation 3 Original
3
7
Proposed Recommendation 3 Original
  • By revising the primary offense score for Making
    a False Statement on a Firearm Consent Form on
    Section A of the Weapons Guidelines from 4 points
    to 3 points, compliance can be improved slightly.

FY2007 (66 cases)
Current Guidelines Original Proposal
Compliance 67 70
Mitigation 30 24
Aggravation 3 6
8
Virginia Form
9
Federal Form
10
Denial of Firearm Purchases
  • The State Police maintains files on all firearm
    transaction requests and the results of the state
    and federal criminal history searches, as well as
    searches for protective orders, outstanding
    warrants, and adjudications of mental deficiency.
  • Records are kept for approximately 12 months and
    then destroyed.
  • Commission staff requested copies of these
    records for persons convicted of making a false
    statement in order to gain a better understanding
    of the these cases.

11
Basis of Firearm Transaction Denial
For 8 of these offenders, a juvenile adjudication
for a felony offense was noted.
For 10 of these offenders, an out-of-state felony
conviction was noted.
Note Firearm transaction records were available
for 61 of the 70 offenders examined.
Multiple reasons may be cited in each case.
12
Basis of Firearm Transaction Denial and
Guidelines Compliance
Felony Conviction or Juvenile Adjudication(N30) Domestic Violence Conviction (N20) Protective Order (N8) Felony Indictment, Warrant or Mental Health (N6)
Compliance 60 70 75 100
Mitigation 40 25 12.5 0
Aggravation 0 5 12.5 0
Note Firearm transaction records were available
for 61 of the 70 offenders examined.
Multiple reasons may be cited in each case.
13
Basis of Firearm Transaction Denial and
Guidelines Compliance
Offenders with a Prior Felony Conviction or
Juvenile Adjudication
No Prior Felony Person Crime (N22) Prior Felony Person Crime (N8)
Compliance 55 75
Mitigation 45 25
Aggravation 0 0
Note Firearm transaction records were available
for 61 of the 70 offenders examined.
Multiple reasons may be cited in each case.
14
Time Since Prior Felony Conviction or Juvenile
Adjudication
Prior Felony Conviction or Juvenile Adjudication within Last 4 Years (N16) Prior Felony Conviction or Juvenile Adjudication More than 4 Years Ago (N14)
Compliance 75 43
Mitigation 25 57
Aggravation 0 0
Note Firearm transaction records were available
for 61 of the 70 offenders examined.
Multiple reasons may be cited in each case.
15
Proposed Recommendation 3 Revised
  • Revise the Weapons Sentencing Guidelines by
    decreasing the points assigned to the primary
    offense factor on Section A (from 4 points to 1)
    and by adding a factor to increase the score (by
    3 points) for offenders with
  • - a prior adult or juvenile felony conviction
    for a crime
  • against the person
  • - a conviction for any other felony within the
    last five years
  • - a prior domestic assault misdemeanor
    conviction
  • - an outstanding protective order
  • For offenders meeting any of the above
    conditions, the revision will have no impact on
    guidelines recommendation.
  • For the remaining offenders, the guidelines will
    be less likely to recommend a term of
    incarceration of more than six months.

16
1
NEW FACTOR
SCORE THE FOLLOWING ONLY IF PRIMARY OFFENSE AT
CONVICTION IS FALSE STATEMENT ON A FIREARM
CONSENT FORM ( 18.2-308.22(K))
Basis of False Statement on Consent Form (listed
below) Prior felony conviction for crime
against person Other prior felony
conviction within 4 years of current offense
Prior domestic assault misdemeanor conviction
Subject to protective order at time of
offense
If YES, add 3
17
Proposed Recommendation 3 Revised
  • By revising the guidelines for Making a False
    Statement on a Firearm Consent Form as described,
    compliance can be improved slightly and a better
    balance between mitigation and aggravation can be
    achieved.

Current Guidelines Original Proposal Revised Proposal
Compliance 67 70 70
Mitigation 30 24 17
Aggravation 3 6 13
18
Proposed Recommendation 4Involuntary
Manslaughter
19
Involuntary Manslaughter ( 18.2-36
18.2-36.1(A))
  • Issue
  • Combined, the compliance for Involuntary
    Manslaughter and Involuntary Vehicular
    Manslaughter is 52, with nearly all of the
    departure sentences above the guidelines.
  • Most commonly cited reasons for aggravation are
    aggravating circumstances/flagrancy of offense,
    extreme violence/victim injury, guidelines
    recommendation is too low, offender has
    drug/alcohol problems
  • In nearly two-thirds of the aggravating departure
    cases, the offender had been recommended for
    probation or up to six months in jail but was
    sentenced to serve more than six months of
    incarceration.

20
Involuntary Manslaughter ( 18.2-36
18.2-36.1(A))
Compliance in Cases of Involuntary Manslaughter
and Involuntary Vehicular Manslaughter FY2003
FY2006 224 cases
21
Involuntary Manslaughter ( 18.2-36
18.2-36.1(A))
Actual Disposition
Recommended Disposition Probation/ Incarceration up to 6 months Incarceration over 6 months
Probation/ Incarceration up to 6 months 38.2 61.8
Incarceration over 6 months 7.4 92.6
102 cases
122 cases
22
Proposed Recommendation 4 Original
3
2nd count
23
Proposed Recommendation 4 Original
  • By increasing the points for the primary offense
    on Section A of the Murder/Homicide Guidelines
    from 1 point to 3 points (for 1 count) and from
    3 to 8 points (for 2 counts), the guidelines
    would better reflect recent judicial practice.

Current Guidelines Proposed Change
Compliance 52 62
Mitigation 7 7
Aggravation 41 31
24
Involuntary Manslaughter ( 18.2-36
18.2-36.1(A))
Recommended Disposition Compliance Mitigation Aggravation
Probation/ Incarceration up to 6 months 38.2 0 61.8
Incarceration over 6 months 63.9 10.7 25.4
102 cases
122 cases
25
Proposed Recommendation 4 Revised
Revise the Murder/Homicide Sentencing Guidelines
applicable to Involuntary Manslaughter by -
increasing the points for the primary offense on
Section A from 1 point to 3
points (for 1 count) and from 3 to 8 points
(for 2 counts), and - increasing
the points for the primary offense on Section C
(adding 3 points for the Other Category, and
making corresponding increases for Category I
and Category II). As a result of these
changes, offenders convicted of involuntary
manslaughter will be more likely to receive a
recommendation for more than six months of
incarceration. In addition, offenders
convicted of involuntary manslaughter will
receive a longer sentence recommendation on
Section C.
26
Proposed Recommendation 4 Revised
88 X 44 X 22 X
27
Proposed Recommendation 4 Revised
  • By revising the guidelines for Involuntary
    Manslaughter in the manner described, compliance
    can be improved and the rate of aggravation can
    be reduced, better reflecting recent judicial
    practice.

Current Guidelines Original Proposal Revised Proposal
Compliance 52 62 64
Mitigation 7 7 8
Aggravation 41 31 28
28
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