Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, October 1, 1994 TAG: 9410030063
SECTION: VIRGINIA PAGE: A-2 EDITION: METRO
SOURCE: LAURENCE HAMMACK AND LAURA LaFAY STAFF WRITERS
DATELINE: LENGTH: Medium
Parole will be abolished for everyone convicted of felonies committed after Jan. 1.
A sentencing commission - composed of the state attorney general, six judges and nine people appointed by the legislature, the governor and the Supreme Court - will develop a system of sentencing guidelines for judges. The guidelines, based on sentencing data from the past five years in Virginia, will consist of ranges and a midpoint for all felonies.
Judges will not be forced to follow the guidelines. But they must file a report explaining their reasons for going above or below the recommended range.
Because guidelines will be based on the average time actually served, and not on the sentences handed down under the old parole system, sentences under the new system will be shorter.
Inmates now will serve at least 85 percent of their sentences. Under the old system, they served 30 percent.
Violent and repeat offenders will face up to five times the midpoint sentence defined by the guidelines.
Convictions for first- and second-degree murder, rape, forcible sodomy and aggravated sexual battery will carry sentences of 125 percent more than the midpoint sentence.
If someone convicted of those offenses has a prior violent offense punishable by less than 40 years, the sentence will be increased 300 percent. If an offender has a prior violent offense punishable by more than 40 years, the sentence will increase 500 percent.
Convictions for robbery, aggravated malicious wounding, malicious wounding, voluntary manslaughter and burglary will carry sentences of 100 percent more than the midpoint. For an offender with a prior violent offense punishable by less than 40 years, the sentence will go up 300 percent. For an offender with a prior violent offense punishable by more than 40 years, the sentence will increase 500 percent.
Convicted drug dealers with prior violent felony convictions punishable by less than 40 years will serve 200 percent more time. Those with more serious prior violent felonies will serve 400 percent more time.
For all other felonies, the midpoint will be increased by 100 percent for offenders with a prior violent conviction punishable by less than 40 years, and 300 percent for those convicted of a violent offense that carries more than 40 years.
The commission will develop a risk assessment program to screen nonviolent offenders and determine if they are eligible for alternatives to incarceration. Among suggested alternatives: work camps, house arrest, electronic surveillance and community service.
Under the new system, as many as half of nonviolent offenders will be diverted to alternative programs.
Parole still will exist for two groups of prisoners. Those imprisoned for crimes that happened before the new law goes into effect next year will remain eligible for parole. The new law also contains a geriatric clause. Under that clause, inmates who turn 65 after serving at least five years of their sentences - or those who turn 60 after serving at least 10 years - also will be eligible for parole.
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by CNB