RD359 - Annual Report of the Virginia Criminal Sentencing Commission


Executive Summary:
The Virginia Criminal Sentencing Commission is required by § 17.1-803 of the Code of Virginia to report annually to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia. To fulfill its statutory obligation, the Commission respectfully submits this report, the twelfth in the series.

The report is organized into five chapters. The remainder of the Introduction chapter provides a general profile of the Commission and an overview of its various activities and projects during 2006. The Guidelines Compliance chapter presents the results of a comprehensive analysis of compliance with the sentencing guidelines during fiscal year (FY) 2006. The next chapter provides the results of the Commission’s recent study of offenses related to child pornography and online solicitation of minors, which was conducted at the request of Virginia’s Attorney General. The report’s final chapter presents the Commission’s recommendations for revisions to the felony sentencing guidelines system and, where applicable, suggested revisions to the Code of Virginia.

COMMISSION PROFILE

The Virginia Criminal Sentencing Commission is comprised of 17 members as authorized in the Code of Virginia § 17.1-802. The Chairman of the Commission is appointed by the Chief Justice of the Supreme Court of Virginia, must not be an active member of the judiciary and must be confirmed by the General Assembly. The Chief Justice also appoints six judges or justices to serve on the Commission.

The Governor appoints four members, at least one of whom must be a victim of crime or a representative of a crime victim’s organization. In the original legislation, five members of the Commission were to be appointed by the General Assembly, with the Speaker of the House of Delegates designating three members and the Senate Committee on Privileges and Elections selecting two members. The 2005 General Assembly modified this provision. Now, the Speaker of the House of Delegates will have two appointments while the Chairman of the House Courts of Justice Committee, or another member of the Courts Committee appointed by the chairman, must serve as the third House appointment. Similarly, the Senate Committee on Rules will make only one appointment, with the other appointment filled by the Chairman of the Senate Courts of Justice Committee or a designee from that committee. The 2005 amendment did not affect existing members whose appointed terms had not expired; instead, the amended provision will become effective when the terms of two legislative appointees expire on December 31, 2006. The final member of the Commission is Virginia’s Attorney General, who serves by virtue of his office.

The Virginia Criminal Sentencing Commission is an agency of the Supreme Court of Virginia. The Commission’s offices and staff are located on the Fifth Floor of the Supreme Court Building at 100 North Ninth Street in downtown Richmond.