2006 Code of Virginia § 19.2-298.01 - Use of discretionary sentencing guidelines

19.2-298.01. Use of discretionary sentencing guidelines.

A. In all felony cases, other than Class 1 felonies, the court shall (i) havepresented to it the appropriate discretionary sentencing guidelinesworksheets and (ii) review and consider the suitability of the applicablediscretionary sentencing guidelines established pursuant to Chapter 8 (17.1-800 et seq.) of Title 17.1. Before imposing sentence, the court shallstate for the record that such review and consideration have beenaccomplished and shall make the completed worksheets a part of the record ofthe case and open for inspection. In cases tried by a jury, the jury shallnot be presented any information regarding sentencing guidelines.

B. In any felony case, other than Class 1 felonies, in which the courtimposes a sentence which is either greater or less than that indicated by thediscretionary sentencing guidelines, the court shall file with the record ofthe case a written explanation of such departure.

C. In felony cases, other than Class 1 felonies, tried by a jury and infelony cases tried by the court without a jury upon a plea of not guilty, thecourt shall direct a probation officer of such court to prepare thediscretionary sentencing guidelines worksheets. In felony cases tried upon aplea of guilty, including cases which are the subject of a plea agreement,the court shall direct a probation officer of such court to prepare thediscretionary sentencing guidelines worksheets, or, with the concurrence ofthe accused, the court and the attorney for the Commonwealth, the worksheetsshall be prepared by the attorney for the Commonwealth.

D. Except as provided in subsection E, discretionary sentencing guidelinesworksheets prepared pursuant to this section shall be subject to the samedistribution as presentence investigation reports prepared pursuant tosubsection A of 19.2-299.

E. Following the entry of a final order of conviction and sentence in afelony case, the clerk of the circuit court in which the case was tried shallcause a copy of such order or orders, the original of the discretionarysentencing guidelines worksheets prepared in the case, and a copy of anydeparture explanation prepared pursuant to subsection B to be forwarded tothe Virginia Criminal Sentencing Commission within five days.

F. The failure to follow any or all of the provisions of this section or thefailure to follow any or all of the provisions of this section in theprescribed manner shall not be reviewable on appeal or the basis of any otherpost-conviction relief.

G. The provisions of this section shall apply only to felony cases in whichthe offense is committed on or after January 1, 1995, and for which there arediscretionary sentencing guidelines. For purposes of the discretionarysentencing guidelines only, a person sentenced to a boot camp incarcerationprogram pursuant to 19.2-316.1, a detention center incarceration programpursuant to 19.2-316.2 or a diversion center incarceration program pursuantto 19.2-316.3 shall be deemed to be sentenced to a term of incarceration.

(1994, 2nd Sp. Sess., cc. 1, 2; 1996, c. 552; 1997, c. 345; 1998, cc. 200,353; 1999, c. 286.)