Sentencing Guidelines to Encourage Electronic Monitoring (language only)

Item 49 #2s

Language
Page 25, at the beginning of line 28, insert "A.".
Page 25, following line 32, insert:
"B. In applying the risk assessment instrument to offenders convicted of any felony that is not specified in (i) subdivision 1, 2, or 3 of subsection A of Section 17.1-805 or (ii) subsection C of Section 17.1-805 under the discretionary sentencing guidelines, and with due regard for public safety requirements, the Virginia Criminal Sentencing Commission shall recommend alternative sanctions, including giving consideration to recommending home electronic incarceration for low-risk nonviolent offenders with a sentencing guideline midpoint of 12 months or more who are recommended for incarceration in a facility."

Explanation
(This amendment directs the Virginia Criminal Sentencing Commission to encourage the use of home electronic incarceration for low-risk nonviolent offenders who might otherwise be recommended for incarceration under the felony sentencing guidelines. This is one of a series of amendments to enable the criminal justice system to manage its workload effectively during a period of severe budget reductions.)