WHAT'S NEW 2023
Changes to Sentencing Guidelines Effective for Anyone Sentenced July 1, 2023 and After
What's New (Video on 2023 Changes)
- Probation Violation Guidelines Will Not Attempt to Recommend When the Limitations of § 19.2-306.1 Apply. Probation Officers Will Always Complete a Worksheet.
- Temporary Rule Change: Draft Probation Violation Guidelines May be Attached to the Major Violation Report (Must be updated after 30 days)
- Guidelines Must Be Reviewed Prior to Deferring or Taking a Sentence Under Advisement (§§ 18.2-251, 18.2-258.1, 19.2-298.02, and 19.2-303.6)
- The Virginia Crime Code (VCC) is Modified to Reflect a Violation of a Deferred Disposition / Sentence. (§§ 18.2-251, 18.2-258.1, 19.2-298.02 and19.2-303.6
- The Case Details Worksheet is required in All Felony Cases – Guidelines and Non-Guidelines Offenses - Question 21 Has Been Removed
SEMINAR SCHEDULE
Introduction to Sentencing Guidelines ($125) Approved for 6 CLE and VIDC Re-certification
Learn to Score Guidelines Accurately Approved for 6 CLE credits The Introduction Seminars are designed for the attorney or criminal justice professional who is new to Virginia's sentencing guidelines. The seminar will begin with general background information on scoring each of the guidelines factors. Participants will be given the opportunity to do hands-on exercises utilizing the assistance of fellow participants and course instructors. Download registration form below and make check payable to Treasurer of Virginia.
Focus on Probation Violations Sentencing Guidelines Only ($60) Approved for 3 CLE and VIDC Re-certification
The probation violation seminar is designed for the attorney or criminal justice professional who is interested in learning more about the probation violation guidelines. The seminar will begin with general background information and progress to detailed information on scoring each of the guidelines factors. This seminar will address changes to §§ 19.2-306 and 19.2-306.1.
Click here to Register Online on our Mobile website
Fees waived for Commonwealth's Attorneys, Public Defenders, Probation and Parole Staff
On a limited basis and subject to the availability of funds, the Sentencing Commission may waive fees for private attorneys. If you would like to request a fee waiver, you must complete and submit the application below. Applications for fee waivers will be evaluated based on the percentage of the attorney's practice focusing on indigent defense cases and the financial need of the applicant (especially for new or solo practitioners).
Esther J. Windmueller Fee Waiver Application Form
The 25th Edition Sentencing Guidelines Manual is required for all seminars.
Sentencing Guidelines Seminars
Approved for 6 CLE Credit
introduction to sentencing guidelines seminars $125 |
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Area |
Date |
Location |
Time |
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| Fairfax | November 30 | Fairfax County Government Center | FULL | |
| Roanoke | December 6 | Roanoke Higher Education Center | FULL | |
| Chesterfield | December 11 | Workforce Alliance Center-Midlothian | 9:30 - 5:00 | |
| Portsmouth | December 14 | Department of Social Services | 9:30 - 5:00 | |
| Richmond | January 25 | Supreme Court of Virginia | 9:30 - 5:00 | |
| Chesterfield | February 6 | Workforce Alliance Center-Midlothian | 9:30 - 5:00 | |
FoCUS ON Probation VIOLATION guidelines only $60 |
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Area |
Date |
Location |
Time |
|
| Fairfax | December 1 | Fairfax County Government Center | 9:00 - 12:00 | |
| Roanoke | December 7 | Roanoke Higher Education Center | 9:00 - 12:00 | |
| Chesterfield | December 12 | Workforce Alliance Center-Midlothian | 9:00 - 12:00 | |
| Portsmouth | December 15 | Department of Social Services | 9:00 - 12:00 | |
| Richmond | January 26 | Supreme Court of Virginia | 9:00 - 12:00 | |
| Chesterfield | February 7 | Workforce Alliance Center-Midlothian | 9:00 - 12:00 | |
Sentencing Guidelines Manual
Click here to Register Online on our Mobile website Commonwealth Attorneys, Public Defenders and Probation Officers: No Cost |
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Download
the Manual Order Form |
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Request for Probation Violations - Pre -2021 The Sentencing Commission has received a number of requests for copies of the Probation Violation Guidelines that were in effect prior to July 1, 2021, for use in certain revocation hearings. Please note that, per Commission policy, the Guidelines in effect at the time of the revocation hearing should be prepared and reviewed by the court. The Probation Violation Guidelines currently in effect were recommended by the Commission in 2020 and accepted by the 2021 General Assembly. The Commission is aware that different interpretations of § 19.2-306.1, related to sentencing for technical violations of probation, have emerged in the courts. The Commission is also aware of the recent Virginia Court of Appeals decision in Green v. Commonwealth. Differences as to statutory interpretation are a separate issue from the applicability of the Probation Violation Guidelines. The new Probation Violation Guidelines, effective July 1, 2021, were developed based on a comprehensive analysis of sentencing outcomes in recent revocation cases and were designed to provide judges with a recommendation reflective of the typical outcome in similar cases. Due to the General Assembly’s enactment of § 19.2-306.1, the Commission adjusted the Probation Violation Guidelines to ensure they are compatible with the new law. The historically-based Guidelines were modified so they will not recommend more incarceration time than that specified in § 19.2-306.1 for first or second technical violations (see Probation Violations Guidelines Worksheet TV1/2). Worksheet TV3, however, was not adjusted in any way and it recommends sentences for technical violations that are based solely on analysis of recent sentencing practices in revocation cases. Therefore, if a judge wishes to review Probation Violation Guidelines that have not been adjusted based on § 19.2-306.1, the judge may request that Worksheet TV3 be prepared. The probation violation worksheets and SWIFT have been modified to allow preparers, at the request of the judge, to complete the TV3 worksheet for any first or second technical violation. To bypass the requirements of § 19.2-306.1, prepares must check 1st or 2nd technical violation and the 3rd + or TV* box. Checking the 3rd+ or TV* box will allow the users to complete the historically-based guidelines as requested by the judge.
Significant Changes to Virginia’s Sentencing Guidelines CLICK HERE for the official newsletter of the Virginia Criminal Sentencing Commission NEW Probation Violation Guidelines Higher Rates of Earned Sentence Credits for Nonviolent Felons Sentencing Guidelines Case Details Worksheet Try our Mobile Site CLICK here to Register for Seminars on our Mobile website CLICK here for What's New in the 2020/2021 Guidelines Video What's New Seminar Video The focus of the seminar will be on the impact of CLICK HERE FOR SEMINAR Video (3 hrs) Password for video Sentencing2021 Click video in the lower right corner (Sentencing Comm)
The Commission has a Training Division headed by Jody Fridley. He and his staff are available to conduct training seminars at our office in Richmond or on location. Seminars can cover everything from a basic overview of the sentencing guidelines to specific areas of interest or concern. Contact the Training Division by phone at 804.225.4567 or by e-mail: jody.fridley@vcsc.virginia.gov Text your question to the Commission Text us at 804.393.9588 The Commission is very pleased to announce our new text inquiry service. This development means that you can contact us from anywhere - just text 804.393.9588 and we'll reply as soon as possible. For an immediate answer, always call the hotline at 804.225.4398. The text inquiry service will be available for the same period as our hotline service 7:45 am to 5:00 pm, Monday to Friday. You can send us texts outside of these hours and we will respond as soon as possible. In some cases, it may be the next business day. |
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