RD761 - Virginia Criminal Sentencing Commission 2021 Annual Report

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 report is organized into four chapters. The remainder of the Introduction chapter provides a general profile of the Commission and an overview of its various activities and projects. The Guidelines Concurrence chapter that follows contains a comprehensive analysis of concurrence with the Sentencing Guidelines during fiscal year (FY) 2021. The third chapter provides an overview of recent legislation adopted by the General Assembly that establishes limits on periods of probation and terms of supervised probation and sets caps on sentences for technical probation violations (see House Bill 2038, 2021 General Assembly, Special Session I). This chapter documents a number of questions that have been expressed by court stakeholders as to interpretation of the new statutory language. This chapter also describes potential unintended consequences of the legislation that are emerging in the Commonwealth. In the report’s final chapter, the Commission presents its recommendations for revisions to the felony Sentencing Guidelines system.