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JUDICIAL CONCURRENCE

JUDICIAL CONCURRENCE. Preliminary FY2007. Preliminary FY2007 Guideline Worksheets Keyed as of 3/5/07 (N=10,715). General Compliance. Preliminary FY2007 Judicial Agreement with Guideline Recommendations. General Compliance:

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JUDICIAL CONCURRENCE

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  1. JUDICIAL CONCURRENCE Preliminary FY2007

  2. Preliminary FY2007Guideline Worksheets Keyed as of 3/5/07(N=10,715)

  3. General Compliance

  4. Preliminary FY2007Judicial Agreement with Guideline Recommendations General Compliance: The degree to which judges agree with the overall guidelines recommendation. FY06 80%

  5. Preliminary FY2007Recommended vs. Actual Disposition Dispositional Compliance: The degree to which judges agree with the type of sanction recommended by the guidelines.

  6. Preliminary FY2007Judicial Agreement with Sentence Length Durational compliance: The degree to which judges agree with the sentence length recommended in jail and prison cases.

  7. Departure Reasons

  8. Mitigation (9.9%) Plea Agreement Cooperative with Authorities Facts of the Case Other Sentence to Serve Recommendation of CA/PO Aggravation (10.5%) Plea Agreement Flagrancy of the Offense Guidelines Recommendation Too Low Poor Potential for Rehabilitation Jury Sentence Most Frequently Cited Departure Reasons

  9. Compliance by Judicial Circuit

  10. Preliminary FY2007Compliance by Judicial Circuit

  11. Preliminary FY2007Compliance by Judicial Circuit Circuit 9 (Williamsburg Area) 72% Circuit 15 (Fredericksburg Area) 71% Circuit 29 (Buchanan Co Area) 69%

  12. Preliminary FY2007Compliance by Judicial Circuit

  13. Preliminary FY2007Compliance by Judicial Circuit Circuit 7 (Newport News Area) 86% Circuit 27 (Radford Area) 91% Circuit 28 (Bristol Area) 85%

  14. Judicial Concurrence By Type of Offense

  15. Nonviolent Preliminary FY2007Judicial Concurrence by Type of Offense

  16. Nonviolent Risk Assessment

  17. Nonviolent Risk Assessment

  18. Nonviolent Risk Assessment • Drug, Fraud, & Larceny • Purpose: • To recommend alternative sanctions for offenders who are statistically less likely to recidivate • Type of alternative at discretion of judge

  19. X

  20. Recommended for Alternative Not Recommended for Alternative Preliminary FY2007Nonviolent Risk Assessment

  21. Sex Offender Risk Assessment

  22. Sex Offender Risk Assessment

  23. Sex Offender Risk Assessment • Rape & Other Sexual Assault Guidelines • Purpose: • To extend the upper end of the guidelines recommendation for sex offenders who are statistically more likely to recidivate • Enhancements • Level 1 • 300% Increase in upper end of guidelines range • Level 2 • 100% Increase in upper end of guidelines range • Level 3 • 50% Increase in upper end of guidelines range

  24. Level 3 50% Level 2 100% Level 1 300%

  25. Preliminary FY2007Sex Offender Risk Assessment

  26. Preliminary FY2007Sex Offender Risk Assessment Other Sexual Assault (n=82 cases) Rape (n=186 cases)

  27. Jury Sentencing

  28. Truth-in-Sentencing 86 87 88 89 90 91 92 93 94 1995 96 97 98 99 00 01 02 03 04 05 06 07 Jury Sentencing Parole vs. Truth-in-Sentencing

  29. Preliminary FY2007Jury vs. Non-Jury Sentencing

  30. New Guideline Offenses Effective July 1, 2006

  31. New Guideline Offenses • Fraud Worksheet • Uttering public record FRD-2535-F4 • Identity fraud, value >$200 FRD-2509-F6 • False application, public assistance FRD-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

  32. New Guideline Offenses • Fraud Worksheet • Uttering public record FRD-2535-F4 • Identity fraud, value >$200 FRD-2509-F6 • False application, public assistance FRD-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

  33. Identity Fraud(n=16 cases)

  34. Eluding Police, Endangerment (n=172 cases)

  35. False Statement on Consent Form for Weapon (n=34 cases) • Mitigations • Most sentenced to probation • Most frequent departure reasons: • Plea agreement • Recommendation of CA

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