Juveniles Convicted in Circuit Court FY2001 – FY2008

Juveniles Convicted in Circuit CourtFY2001 – FY2008

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Analysis of Juveniles Convicted in Circuit Court

This presentation updates and expands upon a similar presentation by the Sentencing Commission in 2006

The Sentencing Commission has determined that it is not receiving sentencing guidelines forms for all juveniles convicted in circuit court

By statute, guidelines apply in these cases

For this presentation, the Sentencing Commission has supplemented guidelines data with data from:

Juvenile JusticeCorrectionsSupreme CourtPre-Sentence Investigation reportsLocal and regional jails

Virginia Criminal Sentencing Commission

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Juveniles Convicted in Circuit Court, FY2001 – FY2008

572515

575524 498 532

678 697

0

200

400

600

800

1,000

FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

Virginia Criminal Sentencing Commission

Total FY2001 – FY2008 = 4,591

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Juveniles Convicted in Circuit Court, FY2001 – FY2008 by Age at Offense

185

626

1,222

2,558

14

15

16

17

Virginia Criminal Sentencing Commission

Age at Offense

Total FY2001 – FY2008 = 4,591

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

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Juveniles Convicted in Circuit Court, FY2001 – FY2008 by Most Serious Offense

Virginia Criminal Sentencing Commission

Offense Number PercentRobbery 1,504 33%Assault 690 15%Larceny/Fraud 557 12%Drug Schedule I/II 389 8%Murder/Manslaughter 280 6%Burglary Dwelling 257 6%Rape/For. Sodomy/Obj. Pen. 247 5%Miscellaneous/Other 187 4%Burglary Other 129 3%Sex Offense 121 3%Weapon 99 2%Kidnapping 55 1%Drug Other 48 1%Traffic 28 1%

TOTAL 4,591 100%

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

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Juveniles Convicted in Circuit Court, FY2001 – FY2008 by Type of Disposition

Prison45%

Jail/Probation (Adult)

30%

DJJ Indeterminate

7%

DJJ Determinate

10%

DJJ Prob/Other

6%

Blended DOC/DJJ

2%

Virginia Criminal Sentencing Commission

Total FY2001 – FY2008 = 4,591

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

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Juveniles Convicted in Circuit Court, FY2001 – FY2008by Most Serious Offense & Type of Disposition

Virginia Criminal Sentencing Commission

Offense PrisonJail/Prob.

(Adult)Blended DOC/DJJ

DJJ/Juvenile

TOTAL

Robbery 51% 17% 3% 29% 1,504Assault 50% 28% 2% 20% 690Larceny/Fraud 29% 51% 0% 20% 557Drug Schedule I/II 39% 52% 0% 10% 389Murder/Manslaughter 75% 7% 6% 12% 280Burglary Dwelling 39% 39% 2% 21% 257Rape/For. Sod./Obj. Pen. 33% 20% 4% 43% 247Miscellaneous/Other 19% 65% 0% 16% 187Burglary Other 36% 45% 0% 19% 129Other Sex Offense 41% 36% 0% 23% 121Weapon 53% 23% 2% 22% 99Kidnap 66% 13% 4% 18% 55Drug Other 25% 67% 0% 8% 48Traffic 36% 50% 0% 14% 28 TOTAL 45% 30% 2% 23% 4,591

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

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Juveniles Convicted in Circuit Court, FY2001 – FY2008Median Prison Sentences in Months

240

168

78

48

33.5

30

25.5

20

Murder

Rape

Robbery

Assault

Burg. Dwelling

Other Sex Off.

Drug Sch. I/II

Larceny/Fraud

Virginia Criminal Sentencing Commission

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

months

months

months

months

months

months

months

months

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Sentencing Guidelines Compliance, FY2001 – FY2008

Juveniles Convicted in Circuit Court

Mitigation32%

Aggravation12%

Compliance56%

2,680 Cases

Virginia Criminal Sentencing Commission

All Other Guidelines Cases

Aggravation10%

Mitigation10%

Compliance80%

188,110 Cases

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

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Juveniles Convicted in Circuit Court, FY2001 – FY2008 Sentencing Guidelines Compliance by Most Serious Offense

Virginia Criminal Sentencing Commission

68% 66% 64% 64% 63% 58% 57%50% 49% 46% 45%

23%19% 18% 19%

37%28% 40% 45% 53%

40%

10% 15% 18% 19%5% 10% 6%

15%

27%

0%

20%

40%

60%

80%

100%

Drug I/II Larceny Fraud Kidnap Murder SexAssault

Assault Robbery BurgOther

Rape BurgDwelling

Compliance Mitigation Aggravation

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

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Juveniles Convicted in Circuit Court, FY2001 – FY2008 Sentencing Guidelines Compliance by Age at Offense

Mitigation

41% 38% 34% 30%

0%

25%

50%

75%

100%

14 15 16 17

Compliance

46% 50% 53% 59%

0%

25%

50%

75%

100%

14 15 16 17

Aggravation

13% 12% 12% 12%

0%

25%

50%

75%

100%

14 15 16 17

Virginia Criminal Sentencing Commission

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.

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Juveniles Convicted in Circuit Court, FY2001 – FY2008Reasons for Sentencing Guidelines Mitigations*

Virginia Criminal Sentencing Commission

20.0%

14.3%

10.1%

9.9%

7.1%

5.3%

Sentenced to Alternative

Age of Offender

Plea Agreement

Sentenced to DJJ

Cooperative w/Authorities

Good Rehabilitative Potential

* Judges can cite multiple reasons for departing from the guidelines. Only the most frequently cited reasons are shown here.

Note: For the purposes of this analysis, “juveniles” refer to persons who were under the age of 18 at the time of the offense.