Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Sentencing Guidelines topic
No spam. Unsubscribe anytime.
Commission backs administrative change to assault worksheet B to add a primary-offense point
Summary
Staff proposed adding a one-point "primary offense" factor to assault worksheet B to ensure a zero score represents a substantive low recommendation rather than an unscored worksheet; commissioners voiced procedural questions but agreed to an administrative change and documentation.
The Virginia Criminal Sentencing Commission agreed to implement an administrative change to assault worksheet B intended to distinguish valid zero scores from cases in which scoring lines were left blank.
A staff presenter told the commission the recommendation would "add a primary offense factor on assault worksheet B, which would score 1 point for any felony assault," and that adding the point requires shifting the section B recommendation bands up by one point so numerical thresholds remain meaningful. Under the proposed adjustment, the presenter said, "if this is approved, then a score of 1 to 5 points would indicate probation, no incarceration, and a total score of 6 or more points would indicate an incarceration recommendation of some type." (Presenting staff)
Commission members debated the reason for zero scores — whether they reflected genuinely low-risk cases or simply incomplete worksheets. Several judges explained that injury and threat can be recorded differently in victim impact statements and that some victims report they were not intimidated, which leads to lower scores or a recorded zero. One commissioner summarized the operational problem this way: "there's no way for us to distinguish whether it's just the worksheet's not completed or whether that's a valid score and a valid recommendation." (Presenting staff)
After discussion, commissioners raised no serious objection to the administrative adjustment; staff said the change would be recorded in the end report and implemented as an administrative update to the scoring table rather than a substantive policy overhaul.
The action requires updating the section B recommendation table and communicating the change to users who prepare worksheets via SWIFT.
Minutes: The commission also approved the minutes from the Sept. 3, 2025 meeting earlier in the session with no recorded opposition.
