{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-803.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-803.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-803.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-803.html"}],"law_id":67896,"edition_id":1,"section_id":67896,"structure_id":12767,"section_number":"17.1-803","catch_line":"Powers and duties","history":"1994, 2nd Sp. Sess., cc. 1, 2, \u00a7 17-235; 1998, c. 872; 2003, c. 139; 2022, cc. 569, 570.","full_text":"The Commission shall:\n\n1\n\nDevelop, maintain and modify as may be deemed necessary, a proposed system of statewide discretionary sentencing guidelines for use in all felony cases which will take into account historical data, when available, concerning time actually served for various felony offenses committed prior to January 1, 1995, and sentences imposed for various felony offenses committed on or after January 1, 1995, and such other factors as may be deemed relevant to sentencing.2\n\nPrepare, periodically update, and distribute sentencing worksheets for the use of sentencing courts which, when used, will produce a recommended sentencing range for a felony offense in accordance with the discretionary sentencing guidelines established pursuant to subdivision 1.3\n\nPrepare, periodically update, and distribute a form for the use of sentencing courts which will assist such courts in recording the reason or reasons for any sentence imposed in a felony case which is greater or less than the sentence recommended by the discretionary sentencing guidelines.4\n\nPrepare guidelines for sentencing courts to use in determining appropriate candidates for alternative sanctions which may include, but not be limited to (i) fines and day fines, (ii) boot camp incarceration, (iii) local correctional facility incarceration, (iv) diversion center incarceration, (v) detention center incarceration, (vi) home incarceration\/electronic monitoring, (vii) day or evening reporting, (viii) probation supervision, (ix) intensive probation supervision, and (x) performance of community service.5\n\nDevelop an offender risk assessment instrument for use in all felony cases, based on a study of Virginia felons, that will be predictive of the relative risk that a felon will become a threat to public safety.6\n\nApply the risk assessment instrument to offenders convicted of any felony that is not specified in (i) subdivision 1, 2 or 3 of subsection A of &#xA7; 17.1-805 or (ii) subsection C of &#xA7; 17.1-805 under the discretionary sentencing guidelines, and shall determine, on the basis of such assessment and with due regard for public safety needs, the feasibility of achieving the goal of placing 25 percent of such offenders in one of the alternative sanctions listed in subdivision 4. If the Commission so determines that achieving the 25 percent or a higher percentage goal is feasible, it shall incorporate such goal into the discretionary sentencing guidelines, to become effective on January 1, 1996. If the Commission so determines that achieving the goal is not feasible, the Commission shall report that determination to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia on or before December 1, 1995, and shall make such recommendations as it deems appropriate.7\n\nPrepare, periodically update, and distribute a form for recording the reasons for, and outcomes of, revocation hearings conducted in circuit courts pursuant to &#xA7; 19.2-306.8\n\nDevelop, maintain, and modify as may be deemed necessary a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts pursuant to &#xA7; 19.2-306 in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. Such guidelines shall take into account historical data for sentences imposed in such cases and such other factors as may be deemed relevant to sentencing.9\n\nMonitor sentencing practices in felony cases throughout the Commonwealth, including the use of the discretionary sentencing guidelines, and maintain a database containing the information obtained.10\n\nMonitor felony sentence lengths, crime trends, correctional facility population trends and correctional resources and make recommendations regarding projected correctional facilities capacity requirements and related correctional resource needs.11\n\nStudy felony statutes in the context of judge-sentencing and jury-sentencing patterns as they evolve after January 1, 1995, and make recommendations for the revision of general criminal offense statutes to provide more specific offense definitions and more narrowly prescribed ranges of punishment.12\n\nReport upon its work and recommendations annually on or before December 1 to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia. Such report shall include any modifications to the discretionary sentencing guidelines adopted by the Commission pursuant to subdivision 1 and shall be accompanied by a statement of the reasons for those modifications.13\n\nPerform such other functions as may be otherwise required by law or as may be necessary to carry out the provisions of this chapter.","order_by":null,"text":{"0":{"id":245918,"text":"The Commission shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":245919,"text":"Develop, maintain and modify as may be deemed necessary, a proposed system of statewide discretionary sentencing guidelines for use in all felony cases which will take into account historical data, when available, concerning time actually served for various felony offenses committed prior to January 1, 1995, and sentences imposed for various felony offenses committed on or after January 1, 1995, and such other factors as may be deemed relevant to sentencing.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":245920,"text":"Prepare, periodically update, and distribute sentencing worksheets for the use of sentencing courts which, when used, will produce a recommended sentencing range for a felony offense in accordance with the discretionary sentencing guidelines established pursuant to subdivision 1.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":245921,"text":"Prepare, periodically update, and distribute a form for the use of sentencing courts which will assist such courts in recording the reason or reasons for any sentence imposed in a felony case which is greater or less than the sentence recommended by the discretionary sentencing guidelines.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":245922,"text":"Prepare guidelines for sentencing courts to use in determining appropriate candidates for alternative sanctions which may include, but not be limited to (i) fines and day fines, (ii) boot camp incarceration, (iii) local correctional facility incarceration, (iv) diversion center incarceration, (v) detention center incarceration, (vi) home incarceration\/electronic monitoring, (vii) day or evening reporting, (viii) probation supervision, (ix) intensive probation supervision, and (x) performance of community service.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":245923,"text":"Develop an offender risk assessment instrument for use in all felony cases, based on a study of Virginia felons, that will be predictive of the relative risk that a felon will become a threat to public safety.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":245924,"text":"Apply the risk assessment instrument to offenders convicted of any felony that is not specified in (i) subdivision 1, 2 or 3 of subsection A of &#xA7; 17.1-805 or (ii) subsection C of &#xA7; 17.1-805 under the discretionary sentencing guidelines, and shall determine, on the basis of such assessment and with due regard for public safety needs, the feasibility of achieving the goal of placing 25 percent of such offenders in one of the alternative sanctions listed in subdivision 4. If the Commission so determines that achieving the 25 percent or a higher percentage goal is feasible, it shall incorporate such goal into the discretionary sentencing guidelines, to become effective on January 1, 1996. If the Commission so determines that achieving the goal is not feasible, the Commission shall report that determination to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia on or before December 1, 1995, and shall make such recommendations as it deems appropriate.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":245925,"text":"Prepare, periodically update, and distribute a form for recording the reasons for, and outcomes of, revocation hearings conducted in circuit courts pursuant to &#xA7; 19.2-306.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":245926,"text":"Develop, maintain, and modify as may be deemed necessary a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts pursuant to &#xA7; 19.2-306 in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. Such guidelines shall take into account historical data for sentences imposed in such cases and such other factors as may be deemed relevant to sentencing.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":245927,"text":"Monitor sentencing practices in felony cases throughout the Commonwealth, including the use of the discretionary sentencing guidelines, and maintain a database containing the information obtained.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":245928,"text":"Monitor felony sentence lengths, crime trends, correctional facility population trends and correctional resources and make recommendations regarding projected correctional facilities capacity requirements and related correctional resource needs.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":245929,"text":"Study felony statutes in the context of judge-sentencing and jury-sentencing patterns as they evolve after January 1, 1995, and make recommendations for the revision of general criminal offense statutes to provide more specific offense definitions and more narrowly prescribed ranges of punishment.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":245930,"text":"Report upon its work and recommendations annually on or before December 1 to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia. Such report shall include any modifications to the discretionary sentencing guidelines adopted by the Commission pursuant to subdivision 1 and shall be accompanied by a statement of the reasons for those modifications.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":245931,"text":"Perform such other functions as may be otherwise required by law or as may be necessary to carry out the provisions of this chapter.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12"}},"ancestry":[{"id":12767,"edition_id":1,"name":"Virginia Criminal Sentencing Commission","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":164023,"object_type":"structure","relational_id":12767,"identifier":"8","token":"17.1\/8","url":"\/17.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67002,"structure_id":12767,"section_number":"17.1-800","catch_line":"Virginia Criminal Sentencing Commission created","url":"\/17.1-800\/","token":"17.1\/8\/17.1-800","metadata":false},{"id":60673,"structure_id":12767,"section_number":"17.1-801","catch_line":"Purpose","url":"\/17.1-801\/","token":"17.1\/8\/17.1-801","metadata":false},{"id":60828,"structure_id":12767,"section_number":"17.1-802","catch_line":"Membership; terms; compensation and expenses","url":"\/17.1-802\/","token":"17.1\/8\/17.1-802","metadata":false},{"id":67896,"structure_id":12767,"section_number":"17.1-803","catch_line":"Powers and duties","url":"\/17.1-803\/","token":"17.1\/8\/17.1-803","metadata":false},{"id":53956,"structure_id":12767,"section_number":"17.1-804","catch_line":"Meetings; staff support","url":"\/17.1-804\/","token":"17.1\/8\/17.1-804","metadata":false},{"id":80246,"structure_id":12767,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","url":"\/17.1-805\/","token":"17.1\/8\/17.1-805","metadata":false},{"id":62946,"structure_id":12767,"section_number":"17.1-805.1","catch_line":"Discretionary sentencing guideline midpoints for certain defendants","url":"\/17.1-805.1\/","token":"17.1\/8\/17.1-805.1","metadata":false},{"id":60194,"structure_id":12767,"section_number":"17.1-806","catch_line":"Sentencing guidelines modifications; effective date","url":"\/17.1-806\/","token":"17.1\/8\/17.1-806","metadata":false}],"previous_section":{"id":60828,"structure_id":12767,"section_number":"17.1-802","catch_line":"Membership; terms; compensation and expenses","url":"\/17.1-802\/","token":"17.1\/8\/17.1-802","metadata":false},"next_section":{"id":53956,"structure_id":12767,"section_number":"17.1-804","catch_line":"Meetings; staff support","url":"\/17.1-804\/","token":"17.1\/8\/17.1-804","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-803\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0872\">872<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0139\">139<\/a>; in 2022, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0569\">569<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0570\">570<\/a>.<\/p>","references":[{"id":62946,"section_number":"17.1-805.1","catch_line":"Discretionary sentencing guideline midpoints for certain defendants","order_by":null,"url":"\/17.1-805.1\/"},{"id":60194,"section_number":"17.1-806","catch_line":"Sentencing guidelines modifications; effective date","order_by":null,"url":"\/17.1-806\/"}],"refers_to":[{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"}],"permalink":{"id":164037,"object_type":"law","relational_id":67896,"identifier":"17.1-803","token":"17.1\/8\/17.1-803","url":"\/17.1-803\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-803\/","token":"17.1\/8\/17.1-803","dublin_core":{"Title":"Powers and duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-803","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The Commission shall:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Develop, maintain and modify as may be deemed necessary, a proposed system of statewide discretionary <span class=\"dictionary\">sentencing guidelines<\/span> for use in all <span class=\"dictionary\">felony<\/span> cases which will take into account historical data, when available, concerning time actually served for various <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offenses<\/span> committed prior to January 1, 1995, and sentences imposed for various <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offenses<\/span> committed on or after January 1, 1995, and such other factors as may be deemed relevant to sentencing. <a id=\"paragraph-245919\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Prepare, periodically update, and distribute sentencing worksheets for the use of sentencing <span class=\"dictionary\">courts<\/span> which, when used, will produce a recommended sentencing range for a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> in accordance with the discretionary <span class=\"dictionary\">sentencing guidelines<\/span> established pursuant to subdivision 1. <a id=\"paragraph-245920\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Prepare, periodically update, and distribute a form for the use of sentencing <span class=\"dictionary\">courts<\/span> which will assist such <span class=\"dictionary\">courts<\/span> in recording the reason or reasons for any sentence imposed in a <span class=\"dictionary\">felony<\/span> case which is greater or less than the sentence recommended by the discretionary <span class=\"dictionary\">sentencing guidelines<\/span>. <a id=\"paragraph-245921\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Prepare guidelines for sentencing <span class=\"dictionary\">courts<\/span> to use in determining appropriate candidates for alternative <span class=\"dictionary\">sanctions<\/span> which may include, but not be limited to (i) fines and day fines, (ii) boot camp incarceration, (iii) local correctional facility incarceration, (iv) <span class=\"dictionary\">diversion<\/span> center incarceration, (v) detention center incarceration, (vi) home incarceration\/electronic monitoring, (vii) day or evening reporting, (viii) <span class=\"dictionary\">probation<\/span> supervision, (ix) intensive <span class=\"dictionary\">probation<\/span> supervision, and (x) performance of <span class=\"dictionary\">community service<\/span>. <a id=\"paragraph-245922\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> Develop an offender risk assessment instrument for use in all <span class=\"dictionary\">felony<\/span> cases, based on a study of Virginia felons, that will be predictive of the relative risk that a felon will become a threat to public safety. <a id=\"paragraph-245923\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> Apply the risk assessment instrument to offenders convicted of any <span class=\"dictionary\">felony<\/span> that is not specified in (i) subdivision 1, 2 or 3 of subsection A of &#xA7; <a class=\"law\" title=\"Adoption of initial discretionary sentencing guideline midpoints\" href=\"\/17.1-805\/\">17.1-805<\/a> or (ii) subsection C of &#xA7; <a class=\"law\" title=\"Adoption of initial discretionary sentencing guideline midpoints\" href=\"\/17.1-805\/\">17.1-805<\/a> under the discretionary <span class=\"dictionary\">sentencing guidelines<\/span>, and shall determine, on the basis of such assessment and with due regard for public safety needs, the feasibility of achieving the goal of placing 25 percent of such offenders in one of the alternative <span class=\"dictionary\">sanctions<\/span> listed in subdivision 4. If the Commission so determines that achieving the 25 percent or a higher percentage goal is feasible, it shall incorporate such goal into the discretionary <span class=\"dictionary\">sentencing guidelines<\/span>, to become effective on January 1, 1996. If the Commission so determines that achieving the goal is not feasible, the Commission shall report that determination to the General Assembly, the Governor and the Chief Justice of the Supreme <span class=\"dictionary\">Court<\/span> of Virginia on or before December 1, 1995, and shall make such recommendations as it deems appropriate. <a id=\"paragraph-245924\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> Prepare, periodically update, and distribute a form for recording the reasons for, and outcomes of, <span class=\"dictionary\">revocation<\/span> <span class=\"dictionary\">hearings<\/span> conducted in <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">courts<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Revocation of suspension of sentence and probation\" href=\"\/19.2-306\/\">19.2-306<\/a>. <a id=\"paragraph-245925\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> Develop, maintain, and modify as may be deemed necessary a system of statewide discretionary <span class=\"dictionary\">sentencing guidelines<\/span> for use in <span class=\"dictionary\">hearings<\/span> conducted in <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">courts<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Revocation of suspension of sentence and probation\" href=\"\/19.2-306\/\">19.2-306<\/a> in which the <span class=\"dictionary\">defendant<\/span> is cited for violation of a condition or conditions of supervised <span class=\"dictionary\">probation<\/span> imposed as a result of a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">conviction<\/span>. Such guidelines shall take into account historical data for sentences imposed in such cases and such other factors as may be deemed relevant to sentencing. <a id=\"paragraph-245926\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> Monitor sentencing practices in <span class=\"dictionary\">felony<\/span> cases throughout the Commonwealth, including the use of the discretionary <span class=\"dictionary\">sentencing guidelines<\/span>, and maintain a database containing the information obtained. <a id=\"paragraph-245927\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"10\"><p><span class=\"prefix-number\">10.<\/span> Monitor <span class=\"dictionary\">felony<\/span> sentence lengths, <span class=\"dictionary\">crime<\/span> trends, correctional facility population trends and correctional resources and make recommendations regarding projected correctional facilities capacity requirements and related correctional resource needs. <a id=\"paragraph-245928\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"11\"><p><span class=\"prefix-number\">11.<\/span> Study <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">statutes<\/span> in the context of <span class=\"dictionary\">judge<\/span>-sentencing and <span class=\"dictionary\">jury<\/span>-sentencing patterns as they evolve after January 1, 1995, and make recommendations for the revision of general criminal <span class=\"dictionary\">offense<\/span> <span class=\"dictionary\">statutes<\/span> to provide more specific <span class=\"dictionary\">offense<\/span> definitions and more narrowly prescribed ranges of punishment. <a id=\"paragraph-245929\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"12\"><p><span class=\"prefix-number\">12.<\/span> Report upon its work and recommendations annually on or before December 1 to the General Assembly, the Governor and the Chief Justice of the Supreme <span class=\"dictionary\">Court<\/span> of Virginia. Such report shall include any modifications to the discretionary <span class=\"dictionary\">sentencing guidelines<\/span> adopted by the Commission pursuant to subdivision 1 and shall be accompanied by a statement of the reasons for those modifications. <a id=\"paragraph-245930\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"13\"><p><span class=\"prefix-number\">13.<\/span> Perform such other functions as may be otherwise required by <span class=\"dictionary\">law<\/span> or as may be necessary to carry out the provisions of this chapter. <a id=\"paragraph-245931\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-803\/#13\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS AND DUTIES (\u00a7 17.1-803)\n\nThe Commission shall:\n\n1. Develop, maintain and modify as may be deemed necessary, a proposed system of\nstatewide discretionary sentencing guidelines for use in all felony cases which\nwill take into account historical data, when available, concerning time actually\nserved for various felony offenses committed prior to January 1, 1995, and\nsentences imposed for various felony offenses committed on or after January 1,\n1995, and such other factors as may be deemed relevant to sentencing.\n\n2. Prepare, periodically update, and distribute sentencing worksheets for the\nuse of sentencing courts which, when used, will produce a recommended sentencing\nrange for a felony offense in accordance with the discretionary sentencing\nguidelines established pursuant to subdivision 1.\n\n3. Prepare, periodically update, and distribute a form for the use of sentencing\ncourts which will assist such courts in recording the reason or reasons for any\nsentence imposed in a felony case which is greater or less than the sentence\nrecommended by the discretionary sentencing guidelines.\n\n4. Prepare guidelines for sentencing courts to use in determining appropriate\ncandidates for alternative sanctions which may include, but not be limited to\n(i) fines and day fines, (ii) boot camp incarceration, (iii) local correctional\nfacility incarceration, (iv) diversion center incarceration, (v) detention\ncenter incarceration, (vi) home incarceration\/electronic monitoring, (vii) day\nor evening reporting, (viii) probation supervision, (ix) intensive probation\nsupervision, and (x) performance of community service.\n\n5. Develop an offender risk assessment instrument for use in all felony cases,\nbased on a study of Virginia felons, that will be predictive of the relative\nrisk that a felon will become a threat to public safety.\n\n6. Apply the risk assessment instrument to offenders convicted of any felony\nthat is not specified in (i) subdivision 1, 2 or 3 of subsection A of &#xA7;\n17.1-805 or (ii) subsection C of &#xA7; 17.1-805 under the discretionary\nsentencing guidelines, and shall determine, on the basis of such assessment and\nwith due regard for public safety needs, the feasibility of achieving the goal\nof placing 25 percent of such offenders in one of the alternative sanctions\nlisted in subdivision 4. If the Commission so determines that achieving the 25\npercent or a higher percentage goal is feasible, it shall incorporate such goal\ninto the discretionary sentencing guidelines, to become effective on January 1,\n1996. If the Commission so determines that achieving the goal is not feasible,\nthe Commission shall report that determination to the General Assembly, the\nGovernor and the Chief Justice of the Supreme Court of Virginia on or before\nDecember 1, 1995, and shall make such recommendations as it deems appropriate.\n\n7. Prepare, periodically update, and distribute a form for recording the reasons\nfor, and outcomes of, revocation hearings conducted in circuit courts pursuant\nto &#xA7; 19.2-306.\n\n8. Develop, maintain, and modify as may be deemed necessary a system of\nstatewide discretionary sentencing guidelines for use in hearings conducted in\ncircuit courts pursuant to &#xA7; 19.2-306 in which the defendant is cited for\nviolation of a condition or conditions of supervised probation imposed as a\nresult of a felony conviction. Such guidelines shall take into account\nhistorical data for sentences imposed in such cases and such other factors as\nmay be deemed relevant to sentencing.\n\n9. Monitor sentencing practices in felony cases throughout the Commonwealth,\nincluding the use of the discretionary sentencing guidelines, and maintain a\ndatabase containing the information obtained.\n\n10. Monitor felony sentence lengths, crime trends, correctional facility\npopulation trends and correctional resources and make recommendations regarding\nprojected correctional facilities capacity requirements and related correctional\nresource needs.\n\n11. Study felony statutes in the context of judge-sentencing and jury-sentencing\npatterns as they evolve after January 1, 1995, and make recommendations for the\nrevision of general criminal offense statutes to provide more specific offense\ndefinitions and more narrowly prescribed ranges of punishment.\n\n12. Report upon its work and recommendations annually on or before December 1 to\nthe General Assembly, the Governor and the Chief Justice of the Supreme Court of\nVirginia. Such report shall include any modifications to the discretionary\nsentencing guidelines adopted by the Commission pursuant to subdivision 1 and\nshall be accompanied by a statement of the reasons for those modifications.\n\n13. Perform such other functions as may be otherwise required by law or as may\nbe necessary to carry out the provisions of this chapter.\n\nHISTORY: 1994, 2nd Sp. Sess., cc. 1, 2, \u00a7 17-235; 1998, c. 872; 2003, c. 139;\n2022, cc. 569, 570.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}