                                 CODE OF VIRGINIA

POWERS AND DUTIES (§ 17.1-803)

The Commission shall:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Perform such other functions as may be otherwise required by law or as may
be necessary to carry out the provisions of this chapter.

HISTORY: 1994, 2nd Sp. Sess., cc. 1, 2, § 17-235; 1998, c. 872; 2003, c. 139;
2022, cc. 569, 570.