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2020 SESSION

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SB 438 Judicial performance evaluation program; risk assessment tool, use of alternative sanction.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Judicial performance evaluation program; risk assessment tool; use of alternative sanction. Requires the Virginia Criminal Sentencing Commission to use sentencing guidelines to determine the cost of incarceration for an offender who receives the minimum recommended sentence and to include the cost on the sentencing guideline form. The bill also requires the Commission to determine the number of offenders during a judge's term who qualify for the use of the offender risk assessment tool and, on the basis of such assessment, are recommended to receive an alternative sanction and do not receive an alternative sanction.

SUMMARY AS INTRODUCED:

Judicial performance evaluation program; risk assessment tool; use of alternative sanction. Requires the Virginia Criminal Sentencing Commission to report to the Supreme Court and the Chairmen of the House and Senate Committees for Courts of Justice the number of cases during a judge's term in which an offender qualified for use of the risk assessment tool, received a recommendation for an alternative sanction on the basis of the assessment, and when a sentence was imposed and an alternative sanction was not given. The bill requires sentencing courts to use sentencing guidelines to determine the cost of incarceration for an offender who receives the minimum recommended sentence and to include the cost on the sentencing guideline form. The bill also requires the Commission to determine and include on a judge's judicial performance evaluation the total costs of imposing a sentence on each offender who was evaluated by the risk assessment tool and who received a recommendation for an alternative sanction but did not receive an alternative sanction during a judge's term.