Use of Discretionary Sentencing Guidelines Provision Subsection F

Sentencing Guidelines Disparities: Whereas, when parole was abolished in 1995, Virginia Sentence Guideline(s) Subsection B, mandated that judges "shall” file with the record of the case a written explanation of any departure from the sentence guideline's recommendation.

As of April 9, 2018, the Virginia Criminal Sentencing Commission Judicial Departure Reasons report from FY 2007 to FY 2017, estimated 10,000 (HB1055(2018)) cases in which the sentence imposed upon the defendant exceeded the guidelines with no (noncompliance) written reason for departure by the Virginia district judge.

In 2018, Virginia state Delegate Charniele L. Herring successfully patron bill HB1055 Discretionary sentencing guidelines; judicial performance evaluation program, report that provided a post-conviction relief to/for prisoners beginning July 1, 2018 and moving forward.  https://lis.virginia.gov/cgi-bin/legp604.exe?181+sum+HB1055

However, the 2018 bill HB1055 did not address, nor allow any form basis of post-conviction relief or be reviewed upon appeal (Subsection F) when the Courts are in  noncompliance retroactive for persons sentenced between January 1, 1995 to July 1, 2018.

Remedy Recommendation are as followed:  To correct the injustice and amend the sentencing guideline provision subsections F of the statute to reflect the following fair and consistent remedy: Subsection F: The failure to follow any or all the provisions of subsection B or the inability to pursue any or all the provisions of this section in the prescribed manner or the failure to impose a sentence within the range recommended by the sentencing guidelines from 1995 to July 1, 2018, shall be considered "special circumstances" and make prisoner  parole eligible with time served per the defendant's original sentence guideline recommendation. ####

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