Study of Virginia s Parole Eligible Inmate Population

Study of Virginia’s Parole. Eligible Inmate Population

Legislative Directive Item 48 Judicial Department Virginia Criminal Sentencing Commission Language B. The Virginia Criminal Sentencing Commission shall review the status of all offenders housed in state facilities operated by the Virginia Department of Corrections who are subject to consideration for parole. The purpose of the review is to determine the numbers of such offenders who have already, or will within the next six years, serve an amount of time in prison, which would be equal to or more than the amount of time for which they would have been sentenced for the same offense, and under the same circumstances, under the current sentencing guidelines system. The review shall include consideration of the numbers and types of older offenders who may be eligible for geriatric release. The Department of Corrections and the Virginia Parole Board shall provide all necessary information and assistance in carrying out this review. This review shall be presented to the Secretary of Public Safety, the Chairmen of the Senate and House Courts of Justice Committees, the Chairman of the Virginia State Crime Commission, and the Chairmen of the Senate Finance and House Appropriations Committees by September 1, 2009. Virginia Criminal Sentencing Commission 2

State-Responsible Prison Inmates Classified as of December 31, 2008 36, 232 Classified Prison Inmates Source: Virginia Department of Corrections (March 6, 2009) Note: Figures are based on classification of felony offenses. Virginia Criminal Sentencing Commission 3

Parole-Eligible Inmates as of December 31, 2008 by Year Originally Received into Department of Corrections 3, 735 Parole-Eligible Inmates Source: Virginia Department of Corrections (March 6, 2009) Note: Figures are based on classification of felony offenses. Excludes offenders who also have no-parole felonies. Date originally received into DOC is the first date the inmate was incarcerated for the crime(s) for which he is currently serving time. This does not include subsequent intakes, including the date received for any parole violations. Virginia Criminal Sentencing Commission 4

Parole-Eligible Inmates as of December 31, 2008 by Most Serious Offense (as Classified by DOC) 3, 735 Parole-Eligible Inmates Source: Virginia Department of Corrections (March 6, 2009) Note: Most serious offense as classified by DOC may not be the same as the most serious offense identified by the sentencing guidelines. Excludes offenders who also have no-parole felonies. Virginia Criminal Sentencing Commission 5

Parole-Eligible Inmates as of December 31, 2008 by Age 3, 735 Parole-Eligible Inmates Source: Virginia Department of Corrections (March 6, 2009) Note: Excludes offenders who also have no-parole felonies. Virginia Criminal Sentencing Commission 6

Study Methodology

Data Sources ÷ Pre/Post-Sentencing Investigation (PSI) Reporting System ÷ Standardized and automated since 1985 Staff selected all PSI records that could be associated with a parole-eligible inmate’s current term of incarceration Virginia Parole Board Database Contains PSI-like variables, including prior record information, victim characteristics, and circumstances of the crime Scanned images of offense and criminal history narratives provided by the Parole Board were used to supplement the automated data Virginia Criminal Sentencing Commission 8

Exclusion of Inmates ÷ Guidelines recommendations could not be calculated for some inmates Guidelines recommendations could not be calculated for 40 inmates because all the sentencing events associated with their current term of incarceration were not covered by the guidelines ÷ Electronic records could not be located for a small proportion (202 inmates) of the original 3, 735 parole-eligible inmates For 7 inmates, only data regarding probation or parole violations were available Automated data sources were missing information for 145 inmates, who were consequently removed from the analysis Virginia Criminal Sentencing Commission 9

Scoring the Sentencing Guidelines ÷ Staff developed programming to electronically score the guidelines for the remaining 3, 341 parole-eligible inmates ÷ Guidelines recommendations were calculated for each sentencing event associated with an inmate’s current term of incarceration ÷ For the 950 inmates who were incarcerated for more than one sentencing event, the guidelines recommendations were summed across events to calculate the total sentence recommendation Virginia Criminal Sentencing Commission 10

Study Limitations ÷ Automated data may not include all sentencing events that resulted in the offender’s current term of incarceration ÷ Combination of guidelines and non-guidelines sentencing events ÷ The total sentence recommendation is only based on sentencing events covered by the guidelines Violations of probation and parole Parole violations are not incorporated into the guidelines score Probation violations are scored if they are sentenced at the same time as an offense covered by the guidelines Prior probation violations are scored as part of the offender’s prior record If a probation violation is handled in a separate hearing after sentencing for the guidelines offense, it is not incorporated into the guidelines recommendation Virginia Criminal Sentencing Commission 11

Findings

Guidelines Most Serious Offense for Incarceration Period Certain drug offenses carry a higher statutory maximum than attempted 1 st degree murder, 2 nd degree murder, manslaughter, malicious wounding, some burglaries, most attempts, etc. If a drug offense had a higher statutory maximum than these other offenses, it was 3, 341 Parole-Eligible Inmates selected as the primary offense for the current Included in Study incarceration period. Additional Offenses Number of for Drug Offenders Inmates 3, 341 Parole-Eligible Murder/Homicide Inmates Included in Study 6 Rape/Sexual Assault 0 Attempted Robbery 2 Assault 19 Note: For offenders with multiple sentencing events, the most serious offense for the current incarceration period was Burglary 11 selected using the guidelines’ rules for selecting the primary offense. Abduction 0 * These inmates remained in the study because they had been sentenced in a separate sentencing event for other offenses that are covered by the guidelines. Larceny/Fraud 23 Virginia Criminal Sentencing Commission Weapon/Firearm 32 13

Parole-Eligible Inmates with Guidelines Recommendations 3, 341 Parole-Eligible Inmates Included in Study Time Served is Less than Guidelines High. End Recommendation 79% (2, 635 inmates) Virginia Criminal Sentencing Commission 21% Time Served Exceeds Guidelines High-End Recommendation (706 inmates) 14

Guidelines Most Serious Offense for Incarceration Period 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Robbery Rape/Sexual Assault Burglary Assault Drug Abduction Larceny/Fraud Murder/Manslaughter Weapons Non-Guidelines Offense* Non-Guidelines Offenses* Number Arson of an Occupied Dwelling 2 Attempted Capital Murder – Police Officer 1 Attempted Capital Murder – More than 1 Person 1 Attempted Capital Murder – By a Prisoner 1 Possession of a Sawed. Off Shotgun During a Violent Crime 1 * The primary offenses for the sentencing events Note: Offenders whose most serious offense was a noncovered by the guidelines included 2 burglaries, Note: Offenders whose most in the study because a non-guidelines offense remained in the study guidelines offense remained serious offense was they a malicious wounding, credit card fraud, grand because they had been a separate sentencing event for sentenced in a separate sentencing event for othersale of a schedule I/II drug larceny, and offenses that are had been sentenced in covered by the that are covered by the guidelines. other offenses guidelines. Virginia Criminal Sentencing Commission 15

Guidelines Most Serious Offense for Incarceration Period 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Robbery Rape/Sexual Assault Burglary Assault Drug Abduction Larceny/Fraud Murder/Manslaughter Weapons 3 3 1 1 10 inmates not yet eligible for parole Non-Guidelines Offense* Note: Offenders whose most serious offense was a non-guidelines offense remained in the study because they had been sentenced in a separate sentencing event for other offenses that are covered by the guidelines. Virginia Criminal Sentencing Commission 16

Sentence Length by Guidelines Most Serious Offense 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Most Serious Offense for Incarceration Event Sentenced to <100 Years Sentenced to 100+ Years One Life Sentence 2+ Life Sentences Total Robbery 214 6 15 3 238 Rape/Sexual Assault 118 3 18 1 140 Burglary 78 0 4 0 82 Assault 71 0 9 0 80 Drug 80 0 80 Abduction 26 1 7 3 37 Larceny/Fraud 28 0 0 0 28 Murder/Manslaughter 7 0 5 0 12 Weapons 3 0 0 0 3 Non-Guidelines Offense 6 0 0 0 6 631 10 58 7 706 Total Virginia Criminal Sentencing Commission 17

Probation and Parole Violations 3, 341 Parole-Eligible Inmates Included in Study Time Served is Less than Guidelines Recommendation (2, 635 inmates) Time Served Exceeds Guidelines Recommendation (706 inmates) Note: Violations include both probation and parole violations. Virginia Criminal Sentencing Commission 18

Probation and Parole Violations by Most Serious Offense 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Most Serious Offense for Incarceration Event No Violations 1 Violation 2 or More Violations Robbery 47% 32% 21% 100% Rape/Sexual Assault 72% 17% 11% 100% Burglary 31% 18% 51% 100% Assault 70% 25% 5% 100% Drug 16% 29% 55% 100% Abduction 46% 41% 13% 100% Larceny/Fraud 7% 18% 75% 100% Murder/Manslaughter 58% 25% 17% 100% Weapon/Firearm 33% 33% 100% Non-Guidelines Offense 17% 50% 33% 100% Virginia Criminal Sentencing Commission Total 19

Percentage of Offenders with at Least One Probation or Parole Violation by Most Serious Offense 3, 341 Parole-Eligible Inmates Included in Study Most Serious Offense for Incarceration Event Time Served is Less than Guidelines Recommendation Time Served Exceeds Guidelines Recommendation Robbery 49% 53% Rape/Sexual Assault 30% 28% Burglary - Dwelling 63% 65% Burglary - Other 67% 84% Assault 41% 30% Drug 74% 84% Abduction 37% 54% Larceny/Fraud 79% 93% Murder/Manslaughter 20% 42% Weapon/Firearm N/A* 67% Non-Guidelines Offense N/A* 83% * None of the cases with a non-guidelines or weapons offense as the most serious offense for the incarceration period fell below the guidelines recommendation Virginia Criminal Sentencing Commission 20

Offender Age, as of December 31, 2008 3, 341 Parole-Eligible Inmates Included in Study Time Served is Less than Guidelines Recommendation (2, 635 inmates) Virginia Criminal Sentencing Commission Time Served Exceeds Guidelines Recommendation (706 inmates) 21

Larceny/Fraud Offenders – Number of Offenses for Incarceration Period 42 Parole-Eligible Inmates Convicted of Larceny or Fraud as the Most Serious Offense (14 Inmates) (28 Inmates) Virginia Criminal Sentencing Commission 22

Robbery Characteristics 564 Parole-Eligible Inmates Convicted of Robbery as the Most Serious Offense Time Served is Less than Guidelines Recommendation (326 inmates) Virginia Criminal Sentencing Commission Time Served Exceeds Guidelines Recommendation (238 inmates) 23

Median Amount of Time Served Beyond the High. End Guidelines Recommendation by Offense Most Serious Offense for Incarceration Event Median Time Served Beyond Guidelines Recommendation Non-Guidelines Offense Weapon Offense 13. 6 years Weapon Maliciously Discharge 9. 7 years Drug 7. 9 Assault Felon 7. 7 years in Possession of Burglary 7. 7 years Larceny/Fraud Number 6. 6 years Robbery Firearm in/at Occupied Building years a Firearm* 2 1 Victim Injury Serious Physical 2 None 1 6 years Abduction 5. 6 years Murder * This was 3. 6 years inmatefelon sentenced for two instances of in possession of a Rape/Sexual Assault firearm. prior 3 years The offender also has 1 violation. probation violation and 1 parole 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Virginia Criminal Sentencing Commission 24

Amount of Time Served Beyond the High-End Guidelines Recommendation (as of 12/31/2008) 706 Parole-Eligible Inmates Whose Time Served Exceeds Guidelines Recommendation Most Serious Offense Number Assault Abduction 2 Robbery 2 Burglary 2 Drug 1 Larceny/Fraud 1 Non-Guidelines Offense Virginia Criminal Sentencing Commission 3 1 Sale of a Schedule I/II drug, conspiracy, 2 parole violations 2 counts of grand larceny from a person 25

Parole-Eligible Inmates Whose Time Served Will Exceed the Guidelines Recommendation by 12/31/2014 Additional Inmates 2008 2009 2010 706 46 46 2011 2012 44 43 2014 33 42 Note: Inmates who are expected to reach their mandatory parole date prior to exceeding the guidelines high-end recommendation are excluded. Virginia Criminal Sentencing Commission 26

Inmates Eligible for Geriatric Release

Inmates Eligible for Geriatric Release as of December 31, 2008 Inmates Eligible for Geriatric Release State-Responsible Inmate Population Parole System Inmates* Truth-in-Sentencing Inmates Total December 31, 2001 32, 946 231 14 245 December 31, 2004 35, 916 328 47 375 December 31, 2008 38, 256 460 115 575 * Parole system inmates include offenders who have a combination of parole-eligible felonies and no-parole felonies Virginia Criminal Sentencing Commission 28

Inmates Eligible for Geriatric Release by Age and Time Served Age 60 to 64 and Served at Least 10 Years Age 65 or More and Served at Least 5 Years Number Median Time Served* December 31, 2001 112 19 yrs. 133 12 yrs. December 31, 2004 184 20 yrs. 191 14 yrs. December 31, 2008 292 21 yrs. 283 17 yrs. * Median time served is the middle value, where half of the values are higher and half are lower Virginia Criminal Sentencing Commission 29

Projected Number of Geriatric-Eligible Inmates, 2009 and 2010 Projection is based on inmates confined as of December 31, 2008 Note: A portion of these inmates may reach their mandatory parole release date or the expiration of their sentence before they reach the necessary age and time-served thresholds to qualify for geriatric release. Virginia Criminal Sentencing Commission 30