Virginia Code § 19.2-298.01 mandates that courts in felony cases (excluding Class 1 felonies) review and consider discretionary sentencing guidelines before sentencing. Courts must document this review, and if the sentence deviates from guidelines, they must explain why. The law also specifies who prepares the sentencing worksheets depending on the case type.
The guidelines apply to all felony cases in Virginia, except for Class 1 felonies.
The court must file a written explanation of the departure in the case record.
In most cases, a probation officer prepares the worksheets. For guilty pleas, either the probation officer or the attorney for the Commonwealth can prepare them with the defendant's consent.
No, juries are not given any information regarding sentencing guidelines during trial.