Bill Text: VA SB939 | 2023 | Regular Session | Prefiled
Bill Title: Discretionary sentencing guidelines; written explanation, appeal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-02-22 - Left in Courts of Justice [SB939 Detail]
Download: Virginia-2023-SB939-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §19.2-298.01 of the Code of Virginia is amended and reenacted as follows:
§19.2-298.01. Use of discretionary sentencing guidelines.
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 (§17.1-800 et seq.) of Title 17.1. Before imposing sentence, 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 that
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. The written
explanation shall adequately explain the sentence imposed to promote fair
sentencing.
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 that 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 §19.2-299.
E. Following the entry of a final order of conviction and sentence in a felony case, 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 §§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. A court's ruling
on a defendant's objection to the calculation of the discretionary sentencing
guidelines is reviewable upon appeal. 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, including the failure to provide a written
explanation that adequately explains the sentence imposed, shall not
be reviewable on appeal or may be
the basis of any other post-conviction relief.
The failure to provide a written explanation that adequately explains the
sentence imposed is an error that may
constitute a basis for resentencing by the trial judge.
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 §19.2-316.4 shall be deemed to be sentenced to a term of incarceration.
2. That the provisions of this act shall apply only to sentencing hearings conducted and such sentences imposed on or after July 1, 2023.
