September 8, 2014

VIRGINIA CRIMINAL SENTENCING COMMISSION

Two Decades of Truth-in-Sentencing in Virginia

Update

Parole system data represent FY1993 prison releases; truth-in-sentencing data is derived from the rate of sentence credits earned among prison inmates as of December 31, 2013

Under truth-in-sentencing, felons are serving at least 85% of the sentence ordered by the court.

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Percentage of Prison Sentence Served

85%

Truth-in-SentencingParole System

Forcible Rape

Prison Time Served (in years)

Violent offenders, and particularly repeat violent offenders,are serving longer under truth-in-sentencing.

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Aggravated Sexual Battery

Prior Violent Record

Robbery with a Firearm

Prior Violent Record

These figures present values of actual incarceration time served under parole laws from 1988 through 1992 and expected time to be served under truth-in-sentencing provisions for cases sentenced FY2010 through FY2014. Time served values are represented by the median (the middle value, where half the time served values are higher and half are lower). Truth-in-sentencing data include only cases recommended for, and sentenced to, incarceration of more than six months.

Prior Violent Record

Truth-in-SentencingParole System

Sale of a Schedule I/II Drug

Prison Time Served (in years)

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Grand Larceny

Prior Violent Record

These figures present values of actual incarceration time served under parole laws from 1988 through 1992 and expected time to be served under truth-in-sentencing provisions for cases sentenced FY2010 through FY2014. Time served values are represented by the median (the middle value, where half the time served values are higher and half are lower). Truth-in-sentencing data include only cases recommended for, and sentenced to, incarceration of more than six months.

Nonviolent offenders are serving about the same amount of time, on average, as they did prior to the abolition of

parole.

Prior Violent Record

Time Served in Prison for Violent Offenses in Select States

Source: Pew Center on the States, Time Served

Avg. Time Served (in years) Rank

1990 2000 2009 1990 2009Alabama 4.4 4.5 6.0 6 3Arkansas 3.6 4.2 5.1 16 11Florida 2.1 4.8 5.0 33 13Georgia 4.0 4.8 5.6 9 7Kentucky 2.5 3.4 3.6 31 30Louisiana 5.4 6.5 5.3 3 9Mississippi 3.9 4.7 4.0 11 25North Carolina 3.0 3.7 4.6 26 17Pennsylvania 4.1 5.8 5.9 8 6South Carolina 3.3 4.1 4.0 22 22Tennessee 2.6 3.6 3.7 29 24Texas 3.7 5.3 5.3 15 10Virginia 3.6 4.6 6.0 17 3West Virginia 3.0 3.6 4.7 27 15

National 3.7 4.8 5.0

In 2009, Virginia ranked tied for 3rd among 34 states examined in terms of longest prison lengths of stay for violent offenders.

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Time Served in Prison for Drug Offenses in Select States

Source: Pew Center on the States, Time Served

Avg. Time Served (in years) Rank

1990 2000 2009 1990 2009Alabama 1.5 2.0 2.0 17 21Arkansas 1.4 1.8 3.0 19 1Florida 0.8 2.5 2.3 34 12Georgia 1.1 2.1 2.1 28 19Kentucky 0.9 1.4 1.2 33 33Louisiana 2.0 2.3 2.1 4 17Mississippi 1.2 1.8 1.8 25 24North Carolina 1.3 1.8 1.7 23 27Pennsylvania 2.0 2.8 2.8 6 4South Carolina 1.4 2.1 2.2 21 13Tennessee 1.6 1.4 1.5 14 30Texas 1.6 3.3 1.8 15 23Virginia 1.3 2.2 2.2 24 13West Virginia 1.4 1.4 2.3 22 11

National 1.6 2.2 2.2

In 2009, Virginia ranked tied for 13th among 34 states examined in terms of longest prison lengths of stay for drug offenders.

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Recommended for Alternative

Not Recommended for Alternative

N=6,358

N=6,627

N=5,620

Risk Assessment for Nonviolent Offenders*

* Offenders recommended by the sentencing guidelines for prison or jail incarceration

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Using empirical risk assessment, roughly half of the eligible drug, larceny, and fraud offenders are now recommended

for alternative sanctions.

FY2014 data are not complete

Offenders recommended for alternative sanctions through risk assessment have lower recidivism rates than offenders

who are not recommended for such sanctions.

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Recidivism Rates for Offendersbased on Risk Assessment Recommendation

Source: Virginia Criminal Sentencing Commission, 2010-2012 Risk Assessment Study

A larger share of Virginia’s prison beds are occupied by violent felons.

Virginia Department of Corrections Report onState-Responsible Offender Population Trends:

Percent of State Prison Beds Holding Violent Felons*

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* Identifies inmates who have a current or previous conviction for a violent felony as defined in § 17.1-805 that

resulted in a Virginia prison sentence

Source: Virginia Department of Corrections, State-Responsible Offender Population Trends

Violent Index Crime Rates, 2012

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In 2012, Virginia’s violent crime rate was the 4th lowest in the nation and the lowest among southern states.

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Property Index Crime Rate, 2012

Virginia

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In 2012, Virginia’s property crime rate was the 8th lowest in the nation and the lowest among southern states.

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Virginia’s crime rate is at a 40-year low, andVirginia’s ranking relative to other states has improved.

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YearViolent Crime Rate Ranking

Property Crime Rate Ranking

1994 14th lowest 11th lowest

2004 14th lowest 13th lowest

2012 4th lowest 8th lowest

Virginia’s overall crime rate has dropped significantly, while its incarceration rate has increased by less than 9%.

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Changes in Crime and Incarceration Ratesfor the 20 States with the Largest Drops in the Crime Rates

State

Change in Crime Rate

1995-2012

Change in Incarceration Rate

1995-2012

Hawaii -54.0% 25.8% Arizona -51.7% 23.3% Florida -51.1% 17.2% New Jersey -50.3% -23.2% Idaho -50.2% 76.3% New York -48.9% -27.0% Maryland -48.7% -10.9% Nevada -48.1% missing data Utah -47.5% 39.9% Oregon -47.1% 83.5% Connecticut -46.2% 4.7% California -45.4% -15.6% Illinois -45.1% missing data Colorado -44.5% 34.2% Michigan -42.4% 2.8% Wyoming -42.2% 30.2% Alaska -41.9% 18.3% Massachusetts -41.1% 13.7% Virginia -41.0% 8.9% Montana -40.5% 75.5%

Virginia’s prison population growth has slowed.

Prison Population Growth

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Comparing states that calculate a three-year re-imprisonment rate, Virginia ranks second lowest.

Note: Missouri’s recidivism rate excludes the release of parole violators who have previously been returned to prison for a violation of supervision within the commitment.

Three-Year Re-Imprisonment Rate by State

Virginia

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