                                 CODE OF VIRGINIA

USE OF DISCRETIONARY SENTENCING GUIDELINES (§ 19.2-298.01)

A. In all felony cases, other than Class 1 felonies, the court shall (i) have
presented to it the appropriate discretionary sentencing guidelines worksheets
and (ii) review and consider the suitability of the applicable discretionary
sentencing guidelines established pursuant to Chapter 8 (&#xA7; 17.1-800 et
seq.) of Title 17.1. Before imposing sentence or deferring disposition as
authorized by &#xA7; 18.2-251, 18.2-258.1, 19.2-298.02, or 19.2-303.6, the court
shall state for the record that such review and consideration have been
accomplished and shall make the completed worksheets a part of the record of the
case and open for inspection. In cases tried by a jury, the jury shall not be
presented any information regarding sentencing guidelines.

B. In any felony case, other than Class 1 felonies, in which the court imposes a
sentence which is either greater or less than that indicated by the
discretionary sentencing guidelines, the court shall file with the record of the
case a written explanation of such departure.

C. In felony cases, other than Class 1 felonies, tried by a jury and in felony
cases tried by the court without a jury upon a plea of not guilty, the court
shall direct a probation officer of such court to prepare the discretionary
sentencing guidelines worksheets. In felony cases tried upon a plea of guilty,
including cases which are the subject of a plea agreement, the court shall
direct a probation officer of such court to prepare the discretionary sentencing
guidelines worksheets, or, with the concurrence of the accused, the court and
the attorney for the Commonwealth, the worksheets shall be prepared by the
attorney for the Commonwealth.

D. Except as provided in subsection E, discretionary sentencing guidelines
worksheets prepared pursuant to this section shall be subject to the same
distribution as presentence investigation reports prepared pursuant to
subsection A of &#xA7; 19.2-299.

E. Following the entry of a final order of conviction and sentence in a felony
case, or following a deferred disposition as authorized by &#xA7; 18.2-251,
18.2-258.1, 19.2-298.02, or 19.2-303.6, the clerk of the circuit court in which
the case was tried shall cause a copy of such order or orders, the original of
the discretionary sentencing guidelines worksheets prepared in the case, and a
copy of any departure explanation prepared pursuant to subsection B to be
forwarded to the Virginia Criminal Sentencing Commission within five days.
Similarly, the statement required by &#xA7;&#xA7; 19.2-295 and 19.2-303 and
regarding departure from or modification of a sentence fixed by a jury shall be
forwarded to the Virginia Criminal Sentencing Commission.

F. The failure to follow any or all of the provisions of this section or the
failure to follow any or all of the provisions of this section in the prescribed
manner shall not be reviewable on appeal or the basis of any other
post-conviction relief.

G. The provisions of this section shall apply only to felony cases in which the
offense is committed on or after January 1, 1995, and for which there are
discretionary sentencing guidelines. For purposes of the discretionary
sentencing guidelines only, a person sentenced to a community corrections
alternative program pursuant to &#xA7; 19.2-316.4 shall be deemed to be
sentenced to a term of incarceration.

HISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 1996, c. 552; 1997, c. 345; 1998, cc.
200, 353; 1999, c. 286; 2007, c. 259; 2019, c. 618; 2023, c. 34.