2004 General Assembly Session

1
2004 General Assembly Session

• Proposed Legislation
• Impact Analysis

2
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• The Virginia Criminal Sentencing Commission shall
  prepare a fiscal impact statement for any bill
  which would result in a net increase in periods
  of imprisonment in state adult correctional
  facilities.
• Current law became effective July 1, 2000

3
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• The requirement for a fiscal impact statement
  includes, but is not limited to, those bills that
  increase the time served in prison by
• adding new crimes for which imprisonment is
  authorized,
• increasing the periods of imprisonment authorized
  for existing crimes,
• imposing minimum or mandatory terms of
  imprisonment, or
• modifying the law governing release of prisoners

4
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• The fiscal impact statement shall include, but
  not be limited to,
• any increase or decrease in the offender
  population and
• any necessary adjustments in guideline midpoints
  for the crime or crimes affected by the bill

5
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• The impact is calculated by multiplying the
  number of estimated beds by cost of holding a
  prison inmate for a year (not including capital
  costs)
• e.g., for HB1233/SB236, on domestic violence, the
  maximum number of beds was 1.44 x 22,606 (inmate
  cost) 32,589

6
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• After July 1, 2002 it shall include an analysis
  of the impact on
• local and regional jails, and
• state and local community corrections programs

7
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
8
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
9
Increased penalty

• HB130 Stalking, second conviction
• Current Class 1 misdemeanor (up to 12 months)
• Proposed Class 6 felony (1 to 5 years)
• Impact derived by randomly drawing sentences for
  stalking, third conviction (a Class 6 felony), to
  approximate the sentences for the proposed
  stalking, second conviction

10
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
11
Increased penalty

• HB1053 Remove exception for spouses for
  forcible sodomy and object penetration
• Current Unclassed felony (1 to 20 years)
• Proposed Unclassed felony (5 years to life)
• Impact derived by increasing sentence to 5 years
  for those cases with jury sentences that were
  between 1 and 5 years

12
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
13
Increased mandatory minimum

• HB377 Use of firearm in commission of felony
• Current Unclassed felonies first offense, 3
  years subsequent offense, 5 years
• Proposed Unclassed felonies first offense, 5
  years subsequent offense, 8 years
• Impact derived by increasing sentences for a
  first offense to be at least 5 years and
  sentences for a subsequent offense to be at least
  8 years

14
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
15
Death Penalty

• HB129 Eliminate death penalty for crimes
  committed on or after July 1, 2004
• Current Persons may be sentenced to death for
  certain crimes
• Proposal Persons can only be sentenced to life
  imprisonment
• Impact derived by randomly selecting the time
  from sentencing to execution from those recently
  executed and increase the amount of time to be
  outside the six-year window

16
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
17
Normative modification of guidelines

• SB484 Methamphetamine treated same as cocaine
  by sentencing guidelines
• Current Treated as Schedule II drug other than
  cocaine
• Proposed Treat same as cocaine
• Impact derived by randomly drawing sentences from
  cocaine cases with appropriate enhanced
  recommendation (36 or 60 months) to approximate
  the sentences for cases involving methamphetamines

18
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
19
Presumptively deny bail

• HB889 Deny bail to those arrested for DUI with
  three prior convictions for DUI
• Current Pretrial release from jail is readily
  available
• Proposed Pretrial release from jail is made
  more difficult by presumptively denying bail
  (presumption may be rebutted before judge)
• Impact derived by increasing pretrial time served
  in jail to reflect denied bail without changing
  the sentence length. This reduces the time
  served post-trial when adjusted for denied bail.

20
2004 General Assembly295 Impact Analyses
Note Percentages do not add to 100 as proposed
legislation can involve multiple types of
changes.
21
Decreased penalty

• HB1053 Raise threshold for grand larceny to
  500
• Current Unclassed felony (1 to 20 years)
• Proposed Class 1 misdemeanor (up to 12 months)
• Impact derived by lowering sentence to 12 months
  for cases with sentences of 1 year or more

22
Comparing the 2003 and 2004 General Assembly
Sessions
23
Comparing the 2003 and 2004 General Assembly
Sessions
24
General Assembly 2004

• Breakdown of Prison Impact Analyses
• Impact Cannot be Determined (59.9)
• Impact Computed to be Greater than Zero (24.3)
• Impact Estimated to be 0 (15.8)
• Impact on Jail Beds Only (3.4)
• Impact on Juvenile Beds Only (1.7)

25
Comparing the 2003 and 2004 General Assembly
Sessions
26
General Assembly 2004

• HB1233/SB236 passed with appropriation
• Companion bills on domestic violence
• Impact based on raising some protective order
  violations to Class 6 felony
• Violation results in serious bodily injury
• Violation occurred by breaking into home of
  protected party
• Protected party present
• Wait until protected party returns home

27
A Sampling of the 2004 Impacts

• Drugs
• Driving while intoxicated
• Bail
• Assault
• Larceny
• Firearms
• Miscellaneous (multiple versions analyzed)

28
Drugs

• Require certain changes to the sentencing
  guidelines for methamphetamines and multiple drug
  offenders
• Counterfeit drugs
• Procuring prescription drugs from outside the
  U.S.
• Reduced crime for completion of first offender
  conditions for possession of Schedule I or II
  drug

29
Drugs

• Require certain changes to the sentencing
  guidelines for methamphetamines and multiple drug
  offenders
• Counterfeit drugs
• Procuring prescription drugs from outside the
  U.S.
• Reduced crime for completion of first offender
  conditions for possession of Schedule I or II
  drug

30
Modification of Sentencing Guidelines
31
Driving while intoxicated

• Increase or add mandatory minimums
• Reduce BAC levels needed for mandatory minimums
• Remove 10-year limit for 3rd or subsequent
  conviction
• Mandatory minimums to be served consecutively
• Criminalize unreasonable refusal to take
  breath/blood test

32
Bail

• Presumptive denial of bail for certain DWI
  arrests
• Presumptive denial of bail for criminal gang
  arrests
• Regulate bond agents
• Regulate bail enforcement agents (bounty hunters)

33
Assault

• By infectious biological substance or
  radiological agent
• Include as law enforcement officer game warden,
  probation officer, volunteer fire/rescue squad
  member
• Family or household member
• Add mandatory minimum
• Expand time span for prior convictions from 10 to
  20 years
• Allow prior felony assaults to count toward the
  two prior convictions

34
Larceny

• Theft of lottery tickets, gasoline, timber and
  clams
• Mandatory minimum for embezzlement by public
  official
• Financially exploit incapacitated adult
• Unauthorized use of livestock

35
Firearms

• Increase mandatory minimums for use of a firearm
  in commission of felony
• Possession/transport of certain firearms by
  juvenile becomes a committable offense
• Possession after domestic violence conviction
• Expand list of prohibited firearms and ammunition
• Criminal history checks at firearm shows

36
Miscellaneous (multiple versions analyzed)

• Protective orders (21)
• Gangs (19)
• Feticide and murder of unborn child (17)
• Reckless driving (10)
• Racketeering (7)
• Elections (7)

37
Impact on Jails

• Commission is required by 30-19.14 to examine
  impact on jails when there may be an increase in
  prison beds
• Also provide analysis of the impact on jails at
  the request of Senate Finance, House
  Appropriations or the Department of Planning and
  Budget, and the Commission believes that there
  may be a measurable impact

38
Impact on Jails

• Presumptive denial of bail
• Arrested for DWI with a prior DWI
• 7 analyses performed
• Arrested for criminal gang activity
• 2 analyses performed

39
Whats Next

• Looking beyond July 2004
• House Bill 2541 (2003 session) requires use of
  the Virginia Crime Codes by several data systems
  starting in October 2004
• Court Automated Information System
• Central Criminal Records Exchange
• Pretrial and Community Corrections
• Local Inmate Data System
• Juvenile Tracking System

40
Whats Next

• Looking beyond July 2004
• House Bill 2541 (2003 session) requires use of
  the Virginia Crime Codes by several data systems
  starting in October 2004
• Court Automated Information System (on track)
• Central Criminal Records Exchange (on track)
• Pretrial and Community Corrections (in place)
• Local Inmate Data System (in place)
• Juvenile Tracking System (in place)