Analysis Of Robbery Trends In The States Of Arkanda Between 1950 And 2014

By Paula M. Ditton Doris James Wilson

BJS Statisticians

The amount of time offenders serve in prison is almost always shorter than the time they are sentenced to serve by the court. Prisoners released in 1996 served on average 30 months in prison and jail or 44% of their sentence. Many States have recently enacted a truth-in- sentencing law which requires offend- ers to serve a substantial portion of their sentence and reduces the discrep- ancy between the sentence imposed and actual time served in prison.

In the early 1970’s States followed an indeterminate sentencing model in which a parole board decided when an offender would be released from prison. Pressure for longer sentences and uniform punishment led to manda- tory minimums and sentencing guide- lines in the 1980’s. However, prison crowding, good-time sentence reduc- tions for satisfactory prison behavior, and earned-time resulted in the early release of prisoners.

To assure that offenders serve a large portion of their sentence, the U.S. Congress authorized funding for additional State prisons and jails through the Violent Crime Control and Law Enforcement Act of 1994. In 1998 incentive grants were awarded to 27 States and the District of Columbia that met the eligibility criteria for the Truth- in-Sentencing program. Another 13 States have adopted a truth-in- sentencing law requiring certain offend- ers to serve a specific percent of their sentence.

U.S. Department of Justice Office of Justice Programs

Bureau of Justice Statistics

Special Report

Truth in Sentencing in State Prisons

January 1999, NCJ 170032

ù Violent offenders released from prison in 1996 were sentenced to serve an average of 85 months in prison. Prior to release they served about half of their prison sentence or 45 months.

ù Under truth-in-sentencing laws requiring 85% of the sentence, violent offenders would serve an average of 88 months in prison based on the average sentence for violent offenders admitted to prison in 1996.

ù Nearly 7 in 10 State prison admis- sions for a violent offense in 1997 were in States requiring offenders to serve at least 85% of their sentence.

ù By 1998, 27 States and the District of Columbia met the Federal Truth-in- Sentencing Incentive Grant Program eligibility criteria. Eleven States adopted truth-in-sentencing laws in 1995, 1 year after the 1994 Crime Act.

Highlights

Discrepancy between sentence and time served

1993 1994 1995 1996 1997 0

20,000

40,000

60,000

80,000

Admissions of violent offenders to State prisons

Truth-in-sentencing

All States

85% of sentence States requiring

State prisons, 1996

Violent offenders

New admissions

62 mo

85 mo

All offenders

First releases

sentence 30 mo time served

45 mo

Violent offenders

104 mo

85%

sentence

time to serve 88 mo

ùù Indeterminate sentencing: Common in the early 1970’s, parole boards have the authority to release offenders from prison.

ùù Determinate sentencing: States introduced fixed prison terms which could be reduced by good-time or earned-time credits.

ùù Mandatory minimum sentences: States added statutes requiring offenders to be sentenced to a specified amount of prison time.

ùù Sentencing guidelines: States established sentencing commissions and created ranges of sentences for given offenses and offender characteristics.

ùùTruth in sentencing: First enacted in 1984, TIS laws require offenders to serve a substantial portion of their prison sentence. Parole eligibility and good-time credits are restricted or eliminated.

Three decades of sentencing reform && 1970’s through 1990’s

Data were com piled from multi ple sources

The findings in this report are based primarily on data from the Bureau of Justice Statistics, National Corrections Reporting Program (NCRP), and data collected through the Violent Offender Incarceration and Truth-in-Sentencing (VOI/TIS) Incentive Grants program, administered by the Office of Justice Programs Corrections Program Office.

Since 1983 BJS has compiled the NCRP data series that collects individ- ual inmate records for prison admis- sions and releases and parole discharges. It is the only national level data base with information on sentence length, time to be served in prison, actual time served by released prison- ers, time served on parole, type of parole discharge, and offense composi- tion of inmates entering and exiting prison and parole. The annual series includes prison population movement data and parole population data, providing a comprehensive description of offenders as they enter and exit correctional custody and supervision.

During the 1990’s between 35 and 41 States have participated in NCRP. In 1996, 37 States and the California Youth Authority reported 469,650 admissions that represented 91% of all admissions to State prisons, based on data from the BJS National Prisoner Statistics data collection. The releases reported (427,627) represented 91% of all releases from State prison in 1996.

All 50 States and the District of Colum- bia reported data through the VOI/TIS incentive grants program as part of the data collection for determining grant eligibility. The VOI/TIS data provide an additional State-level indicator of time served with a common definition of violent offenses. For each year between 1993 and 1997, States reported the number of admissions and releases for Part 1 violent offenses and sentence length and time served by released violent offenders. Part 1 violent crimes include murder/ nonnegligent manslaughter, rape, robbery, and aggravated assault.

Sentencin g reforms parallel “ get tou gh on crime” attitude

Sentencing reform policies have paral- leled the mood of the country on crime and punishment, shifting between requiring a fixed prison time prior to release or allowing discretionary release of offenders by judges, parole boards, or corrections officials. Over the last two decades, sentencing requirements and release policies have become more restrictive, primarily in response to widespread “get tough on crime” attitudes in the Nation. (See References on page 15 for sources on sentencing reform.)

In the early 1970's, States generally permitted parole boards to determine when an offender would be released from prison. In addition, good-time reductions for satisfactory prison behavior, earned-time incentives for participation in work or educational programs, and other time reductions to control prison crowding resulted in the early release of prisoners. These policies permitted officials to individual- ize the amount of punishment or leniency an offender received and provided means to manage the prison population.

Such discretion in sentencing and release policies led to criticism that some offenders were punished more harshly than others for similar offenses and to complaints that overall sentenc- ing and release laws were too soft on criminals. By the late 1970's and early 1980’s, States began developing sentencing guidelines, enacting mandatory minimum sentences and adopting other sentencing reforms to reduce disparity in sentencing and to toughen penalties for certain offenses, specifically drug offenses (as part of the “war on drugs”), offenses with weapons, and offenses committed by repeat or habitual criminals.1

Washin gton State enacted the first truth-in-sentencin g law in 1984

States continued to increase the sever- ity of sentencing laws (primarily for violent offenders) by enacting restric- tions on the possibility of early release, which became known as truth in sentencing. Truth-in-sentencing laws

2 Truth in Sentencing in State Prisons

Arizona California Connecticut Delaware District of Col. Florida Georgia Illinoisa

Iowa Kansas Louisiana Maine Michigan Minnesota Mississippi

Missouri New Jersey New York North Carolina North Dakota Ohio Oklahomab

Oregon Pennsylvania South Carolina Tennessee Utah Virginia Washington

50% requirement

Indiana Maryland Nebraska Texas

100% of minimum requirement

Idaho Nevada New Hampshire

Other requirements

Alaskac

Arkansasd

Coloradoe

Kentuckyf

Massachusettsg

Wisconsinh

aQualified for Federal funding in 1996 only. bEffective July 1, 1999, offenders will be required to serve 85% of the sentence. cTwo-part sentence structure (2/3 in prison; 1/3 on parole); 100% of prison term required. dMandatory 70% of sentence for certain violent offenses and manufacture of metham- phetamine. eViolent offenders with 2 prior violent

convictions serve 75%; 1 prior violent con- viction, 56.25%. fEffective July 15, 1998, offenders are required to serve 85% of the sentence. gRequires 75% of a minimum prison sentence. hEffective December 31, 1999, two-part sentence: offenders serve 100% of the prison term and a sentence of extended supervision at 25% of the prison sentence.

Table 1. Truth-in-sentencing requirements, by State

Meet Federal 85% requirement

1For the additional information on sentencing reform see the 1996 National Survey of State Sentencing Structures, Bureau of Justice Assistance, NCJ 169270, September 1998.

require offenders to serve a substantial portion of the prison sentence imposed by the court before being eligible for release. Previous policies which reduced the amount of time an offender served on a sentence, such as good- time, earned-time and parole board release, are restricted or eliminated under truth-in-sentencing laws. The definition of truth in sentencing varies among the States, as do the percent of sentence required to be served and the crimes covered by the laws. Most States have targeted violent offenders under truth in sentencing.

A few States, such as Florida, Missis- sippi, and Ohio, require all offenders to serve a substantial portion of the sen- tence before being eligible for release. The percent of sentence required to be served under truth in sentencing in general spans from 50% to 100% of a minimum sentence (table 1).

Most truth-in-sentencin g States require offenders to serve 85% of the prison sentence

In response to prison crowding and public dismay with the early release of prisoners, the U.S. Congress author- ized incentive grants to build or expand correctional facilities through the Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants Program in the 1994 Crime Act (Pub.L. No. 103-322, 108 Stat. 1796 (1994)). To qualify for the truth-in-sentencing grants, States must require persons convicted of a Part 1 violent crime to serve not less than 85% of the prison sentence. Along with other exceptions, States may qualify by demonstrating that the average time served in prison is not less than 85% of the sentence.2

Twenty-seven States and the District of Columbia qualified for the Federal grant program in 1998 (table 1). Five States (Delaware, Minnesota, Tennessee, Utah and Washington) adopted truth in sentencing prior to the 1994 Crime Act. Arizona, California, Missouri, and North

Carolina enacted truth in sentencing in 1994, and 11 States enacted laws in 1995, 1 year after the Crime Act (Connecticut, Florida, Georgia, Kansas, Maine, Michigan, Mississippi, New York, North Dakota, Oregon, and Virginia).

Several States have not adopted the Federal 85% standard. Maryland and Texas have a 50%-requirement for violent offenders. Nebraska and Indiana require all offenders to serve 50% of the sentence. Arkansas requires certain offenders to serve 70%. Colorado requires violent offend- ers with 2 prior violent convictions to serve 75% and with 1 prior violent conviction, 56%. Massachusetts requires 75% of a minimum prison sentence.

14 States have abolished parole board release for all offenders

Fourteen States have abolished early release by discretion of a parole board for all offenders. Seven States abolished parole board release within the last 10 years. Eight States abolished parole board release during the same year a truth-in-sentencing

Abolished discretionary parole board releasea

State Year Arizona 1994 Delaware 1990 Floridab 1983

Illinois 1978 Indiana 1977 Kansasc 1993 Maine 1975 Minnesota 1980 Mississippi 1995 North Carolina 1994 Ohiod 1996 Oregon 1989 Washington 1984 Wisconsin 1999

aFor offenses committed after the effective date of the law. bIn 1995, parole eligibility was abolished for offenses with a life sentence and a 25-year mandatory term. cExcluded a few offenses, primarily first degree murder and intentional second degree murder. Truth in sentencing passed in 1993, amended in 1995 to meet the 85%-requirement. dExcluded murder and aggravated murder.

law was passed (Arizona, Delaware, Kansas, Mississippi, Ohio, Virginia, Washington, and Wisconsin). Parole boards still have discretion over inmates who were sentenced for crimes committed prior to the effective date of the law that eliminated parole board release.

A few other States have abolished parole board release for certain violent or felony offenders (Alaska, New York, Tennessee, and Virginia) or for certain crimes against a person (Louisiana). California allows discretionary release by a parole board only for offenders with indeterminate life sentences. In general, States restrict the possibility of parole board release based on the offender’s criminal history or the circumstances of the offense.

While discretionary release from prison by a parole board has been eliminated by some States, post-release supervi- sion still exists and is generally referred to as community or supervised release. Parole boards, in various forms, have the responsibility to set conditions of release for offenders under conditional or supervised release, the authority to return an offender to prison for violating the conditions of parole or supervised release, and the power to grant parole for medical reasons.

Between 1990 and 1997 the number of offenders in State prison increased 7% annually

As a result of truth-in-sentencing practices, the State prison population is

Truth in Sentencing in State Prisons 3

2For additional information on eligibility criteria and other program requirements see Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants: Program Guidance and Application Kit, FY98, Office of Justice Programs Corrections Program Office, U.S. Department of Justice, Solicitation Number 244, NCJ 168942.

Note: Includes only offenders with a sentence of more than 1 year. aSentenced prisoners under State jurisdiction. bExcludes escapees, AWOLs returned, and transfers to other jurisdictions.

540,7481,100,8501997 512,6181,048,0041996 521,9701,001,3591995 498,919936,8961994 475,100857,6751993 480,676780,5711992 466,285732,9141991 460,739689,5771990

admissionsbpopulationaYear Number ofYearend

Table 2. Trends in State prison population and admissions, 1990-97

expected to increase through the incar- ceration of more offenders for longer periods of time. One purpose of the VOI/TIS incentive grants is to enable States to manage prison capacity by providing funds to increase prison beds for violent offenders.

On average, between 1990 and 1997 the prison population grew by 7% annually. State prison inmates totaled 1,100,850 in 1997, up from 689,577 in 1990 (table 2). Most of the growth occurred among violent offenders who accounted for 50% of the total increase in State prison inmates. Drug offend- ers comprised about 19% of the growth and property offenders, 16%.

State prison admission rates have dro pp ed

While the number of inmates held in State prisons increased 60% since 1990, the number admitted to prison increased about 17%. In 1997, 540,748 offenders were admitted to State prison, up from 460,739 in 1990. The number of admissions relative to the number of inmates in prison dropped from 73 per 100 State prison- ers in 1990 to 52 per 100 in 1997.

During this period the source of admis- sions to prison also changed. New court commitments to State prison, or offenders admitted to prison under a

new sentence, increased slightly between 1990 and 1997 (from 323,069 to 334,630), while parole violators represented an increased portion of prison admissions.

The most recent data on ad- missions by offense type (table 3) reveal that offenders incar- cerated for violent offenses increased, up from 86,600 in 1990 to 96,300 in 1996. New court commitments for property and drug offenders decreased between 1990 and 1996.

4 Truth in Sentencing in State Prisons

Over a third of prison admissions in 1997 were parole violators

The percent of prison admissions who were returned for a parole violation has steadily increased since 1985. Parole violators accounted for 23% of prison admissions in 1985, 29% in 1990, 34% in 1994, and by 1997, 35% of admissions were parole violators.

Two-thirds of parole violators were drug or property offenders. A third of parole violators were drug offenders, and 16% were burglary offenders. Violent offenders accounted for 25% of those returned to prison on a parole revocation; nearly 11% were originally sentenced to prison for robbery.

Note: Includes only offenders with a sentence of more than 1 year. Excludes escapees, AWOLS returned, and transfers to other jurisdictions.

34.561.91997 33.763.71996 33.764.71995 33.864.71994 30.866.91993 29.569.51992 30.568.01991 29.170.11990 23.4%76.1%1985

violatorscommitmentsYear ParoleNew court

to State prison Percent of admissions

Note: Includes only offenders with a sentence of more than 1 year. Detail may not add to total.

8.1%10.6%Public-order offenses

16.117.2Trafficking 7.08.0Possession

31.0%30.2%Dru g offenses

3.72.1Motor vehicle theft 9.77.5Larceny/theft

15.712.0Burglary 35.1%29.0%Pro pert y offenses

6.78.7Assault 10.99.1Robbery 2.44.1Other sexual assault 1.41.9Rape 1.42.7

Murder/nonnegligent manslaughter

24.5%29.5%Violent offenses

100.0%100.0%All offenses

revocationscommitmentsMost serious offense ParoleNew court

to State prison, 1996 Percent of admissions

Note: Sentenced prisoners under State jurisdiction by offense were estimated. See Methodology for details.

34,60026,00071,30045,800Public-order 98,700102,400237,600149,700Drug 94,800104,400240,000175,000Property 96,30086,600495,400315,900Violent

326,547323,0691,048,004689,577 Total

1996199019961990Offense to State prisonState jurisdiction commitments prisoners under New courtSentenced

Table 3. Sentenced prisoners under State jurisdiction and new court commitments to State prison , by offense , 1990 and 1996

Note: Arrest data were obtained from the FBI’s Uniform Crime Reporting Program. Data on new court commitments by offense were estimated and include offenders with a sentence of more than 1 year. (See Methodology for details.)

553411163,400181,000141,200Weapons offenses

77103191,294,7001,008,300471,200Dru g offenses

242419565,400382,100358,800 Fraud 727240102,600119,80075,600 Motor vehicle theft 272414983,9001,088,700745,300 Larceny/theft

165160107229,700290,000282,800 Burglary Pro pert y offenses

625645445,005410,800236,600 Aggravated assault 277233245106,700127,400102,200 Robbery 1771126178,60090,50055,600 Other sexual assault 21922918227,40033,30026,700 Rape 61346062116,10019,80018,200 Murder

Violent offenses

199619901980199619901980Most serious offense to State prison per 1,000 arrestsNumber of adult arrests Number of new court commitments

Table 4. Adult arrests and new court commitments to State prison per 1,000 arrests , by offense , 1980, 1990, and 1996

The commitment rate for murder rose from 460 per 1,000 arrests in 1990 to 613 per 1,000 in 1996

In contrast to the increase in the number of incarcerated violent offend- ers and the slight increase in admis- sions overall, arrests for the major violent crimes (except for aggravated assault) actually declined between 1990 and 1996. Arrests for murder

dropped 19%; rape, 18%; other sexual assault, 13%; and robbery, 16%. There was also a sharp decline of burglary arrests (21%) (table 4).

At the same time, the commitment rate, or the number of new court commit- ments to State prison relative to the number of arrests, increased for most violent offenses between 1990 and 1996. The number of admissions to

State prison for murder per 1,000 arrests rose from 460 in 1990 to 613 in 1996, almost reaching the high of 621 admissions per 1,000 arrests in 1980.

The likelihood of going to prison upon arrest for drug offenses substantially increased between 1980 and 1990 as the commitment rate soared from 19 per 1,000 arrests to 103 per 1,000. The rate dropped to 77 commitments per

Truth in Sentencing in State Prisons 5

The im plementation of truth-in- sentencin g laws

The phase-in of truth-in-sentencing requirements, or the number of offend- ers sentenced under the new law, may vary considerably by State. Differences in the effective date of the law, court backlogs, case processing, and the type of offenders covered under the law (violent offenders versus all offenders) may affect the number of prison admissions sentenced under truth in sentencing.

Monthly data on the percent of prison admissions sentenced under truth-in- sentencing laws in Nevada, Virginia, and New York demonstrate the lag between the effective date of truth-in- sentencing and the subsequent admis- sion of offenders to prison covered under the new law.

At 12 months, 57% of New York’s violent felon y prison admissions were under truth in sentencin g

Under a truth-in-sentencing law which became effective October 1, 1995, New York requires repeat violent felony offenders to serve at least 85% of the sentence. The law requires first- time violent felony offenders to serve 85% based on a presumptive sentence set at 2/3 of the maximum.

By August 1998, 3 years after the effective date, 94% of violent felony offenders admitted to prison were sentenced under the 1995 truth-in- sentencing law. A more recent law, effective September 1, 1998, requires first-time violent felons to serve 85% of a determinate sentence.

Effective for crimes committed after July 1, 1995, Nevada’s truth-in- sentencing law requires all offend- ers to serve 100% of the minimum prison term prior to becoming eligible for parole release. Offenders are allowed to earn good-time reduc- tions off the maximum prison sentence, but not the minimum. Six months after the effective date, 28% of offenders admitted to Nevada’s prisons were sentenced under the truth-in- sentencing law. After 1 year

the number increased to 43%, and after 2 years, 60%. After 3 years, 79% of prison admissions were sentenced under truth in sentencing.

Five years after implementation, or yearend 1999, Virginia estimates 100% of admissions will be sentenced under truth in sentencing.

0%

20%

40%

60%

80%

100%

July 95 Jan. 96 July 96 Jan. 97 July 97 Jan. 98 July 98

Note: Effective 7/1/96, truth in sentencing covers all offenders. Source: Nevada Department of Prisons

under truth in sentencin g , 1995-98 Percent of Nevada prison admissions sentenced

Vir ginia estimates 100% truth-in-sentencin g admissions b y yearend 1999

Virginia implemented a truth-in- sentencing law on January 1, 1995, requiring all felony offenders to serve 85% of the sentence. A year after the

Note: Admissions include parole violators returned without a new sentence, under an offense committed prior to truth in sentencing. Source: Nevada Department of Prisons

Note: Truth in sentencing covers felonies committed after 1/1/95. Source: Virginia Criminal Sentencing Commission

Percent of Vir gina prison admissions sentenced under truth in sentencin g, 1996-2003

0%

20%

40%

60%

80%

100%

June 96 June 98 June 00 June 02 June 03

old law

(TIS) onl y

Truth in sentencin g

Both TIS and

In Nevada nearl y 80% of prison admissions were under truth-in- sentencin g requirements , 3 years after im plementation of the law

effective date, 74% of prison admissions were sentenced under truth in sentencing. 39% were admitted under truth in sentencing only and about 35% under both truth- in-sentencing and the old parole system. These offenders were returned for a new offense sentenced under truth-in-sentencing and a prior offense under the parole system (old law).

1,000 arrests in 1996. For property offenders, the commitment rate also increased between 1980 and 1990 and remained relatively constant between 1990 and 1996.

Nearl y 7 in 10 violent offenders are in a State that re quires 85% of the sentence be served

Based on data reported through the VOI/TIS program, State facilities reported that 78,917 new court commit- ments were admitted to prison for a Part 1 violent offense in 1997. About two-thirds (54,023) of those admissions were in a truth-in-sentencing State which met the Federal standard, requir- ing violent offenders to serve at least 85% of their sentence prior to release. Over 90% of Part 1 violent offenders admitted to prison in 1997 were in a State which had passed a law requiring at least 50% of the sentence be served prior to release.

Despite the large proportion of offend- ers being admitted in States with truth- in-sentencing laws, not all of these offenders were sentenced under truth in sentencing. Due to the time lag between commission of the offense,

arrest, and conviction, some offenders entering prison in 1997 committed the offense prior to the effective date of recently enacted truth-in-sentencing laws. In 1997 an estimated 42% of all Part 1 violent offenders admitted to prison were actually sentenced under a truth-in-sentencing law that met the Federal standard requiring at least 85% of the sentence be served in prison.

Offenders admitted to prison in 1996 for robbery were expected to serve 7 months longer than in 1990

Though recent sentencing reforms are linked to increasing time served, the average (or mean) sentence length imposed on offenders entering prison decreased, from 72 months in 1990 to 68 months in 1996 (table 5). Consis- tent with sentencing policy change, the projected minimum time expected to be served by persons entering prison increased slightly. If parole eligibility requirements, good-time credits, and early release policies are taken into account, persons entering State prisons in 1996 were expected to serve a minimum of 42 months in prison, up from 40 months in 1990.

For violent offenders the average imposed sentence decreased from 107 months in 1990 to 104 months in 1996, while the expected time to be served increased. On average, violent offend- ers admitted to prison in 1996 were expected to serve about 3 months longer than those admitted in 1990 (or a minimum term of 70 months versus 67 months).

By offense, the average sentence length for murder (excluding offenders sentenced to life) showed the largest increase between 1990 and 1996, up from 233 months to 253 months. Offenders admitted to prison in 1996 for murder, without a life sentence, were expected to serve about 40 months longer (215 months) than offenders admitted in 1990 (176 months). Just over a third of offenders admitted to prison in 1996 for murder/ nonnegligent manslaughter were sentenced to life in prison. Another 6% were sentenced to life without parole, and about 2% were sentenced to death.

6 Truth in Sentencing in State Prisons

Nearly 40% of all female, black, and Hispanic prison admissions were drug offenders

Thirty-seven percent of black offend- ers, 40% of Hispanics, and 39% of females admitted to prison in 1996 had committed a drug offense. Black and Hispanic inmates were nearly twice as likely as white inmates to be admitted to prison for a drug offense. Women were most likely to be admit- ted to prison for a drug offense (39%) or property offense (36%). Almost 31% of all males admitted to prison in 1996 had committed a violent offense, compared to 17% of women. Slightly less than a third of admissions in each racial and ethnic group had committed a violent offense. White offenders were more likely to be admitted to prison for a property offense (38%), particularly burglary (16%).

Note: Includes only offenders with a sentence of more than 1 year. Detail may not add to total. *Excludes inmates of Hispanic origin.

0.8%0.5%0.8%0.7%0.6%Other offenses

9.3%8.2%13.7%6.8%11.0%Public-order offenses

5.06.13.68.64.6 Other/unspecified drug 26.820.89.119.317.0 Trafficking 8.09.96.111.27.7 Possession

39.7%36.8%18.7%39.1%29.3%Dru g offenses

2.22.94.82.83.6 Other property 1.33.56.012.83.1 Fraud 2.71.72.21.02.2 Motor vehicle theft 4.17.39.013.66.8 Larceny/theft 9.79.516.15.912.6 Burglary

20.0%24.9%38.1%36.0%28.3%Pro pert y offenses

1.71.42.21.91.7 Other violent 9.78.87.96.09.0 Assault 8.912.25.45.09.6 Robbery 4.32.06.70.54.5 Other sexual assault 1.41.32.90.22.1 Rape 0.91.01.41.41.1 Negligent manslaughter 3.32.92.32.22.9 Murder/nonnegligent manslaughter

30.2%29.5%28.7%17.3%30.8%Violent offenses

100%100%100%100%100%All offenses

HispanicBlack*White*FemaleMale

New court commitments to State prison, 1996: Offense , by sex , race , and His panic ori gin

Both the average sentence length and minimum time to be served in prison decreased for rape offenders admitted between 1990 and 1996. The average sentence length for rape dropped from 153 months to 140 months. The minimum time to be served for rape offenders decreased, from 90 months in 1990 to 72 months in 1996.

Offenders admitted to prison in 1996 for drug law violations were sentenced to an average of 57 months in prison, a 6 month decrease from 1990. Drug

offenders were expected to serve 2 months longer in prison (32 months in 1996 versus 30 months in 1990).

Violent offenders admitted to prison in 1996 were expected to serve about half of their sentence

Based on the average sentence length and minimum time to be served, violent offenders admitted to prison in 1996 were expected to serve at minimum 51% of their sentence. Drug and property offenders were expected to serve about 46% of their sentence in

prison prior to release. Public order offenders were expected to serve 49% percent of their sentence.

Since many States are unable to report the minimum time to be served by offenders admitted to prison, estimates of minimum time to be served and percent of sentence to be served were calculated with data from 26 States or about half of State prison admissions. The projected percent of sentence to be served is expected to increase as the number of offenders entering prison who were sentenced under recently enacted truth-in-sentencing laws continues to grow.

Percent of sentence to be served by new court commitments to State prison, 1996* Most serious offense Percent All offenses 49%

Violent 51% Property 46 Drug 46 Public-order 49

*Based on total sentence length.

Truth-in-sentencing laws would increase the minimum prison term by 15 months for violent offenders

Under a truth-in-sentencing law requir- ing 85% of the sentence, violent offend- ers would be expected to serve an estimated 15 months longer than the projected average minimum time to be served by offenders entering prison in 1996 (table 6). Assuming the average sentence length for those sentenced under truth in sentencing remains the same as that for new court commit- ments to State prison in 1996, violent offenders required to serve 85% of their sentence would serve a minimum of 88 months in prison prior to becoming eligible for release.

Offenders in prison for murder (exclud- ing offenders sentenced to life) are projected to serve about the same amount of time in prison under an 85% requirement, compared to the current projected minimum prison term for 1996 (215 months). Offenders in prison for rape are estimated to serve a minimum of 119 months in prison if

Truth in Sentencing in State Prisons 7

Note: Includes only offenders with a sentence of more than 1 year. Excludes sentences of life without parole, life plus additional years, life, and death. aMaximum sentence length an offender may be required to serve for the most serious offense. bMinimum time to be served is the jurisdiction’s estimate of the shortest time each admitted prisoner must serve before becoming eligible for release.

128,863129,489266,705278,417Number of admissions

25 mo26 mo44 mo41 moPublic-order offenses

34336266 Trafficking 30245162 Possession 32 mo30 mo57 mo63 moDru g offenses

22234754 Fraud 29274151 Motor vehicle theft 25244350 Larceny/theft 37376775 Burglary 30 mo31 mo 54 mo62 moPro pert y offenses

54708296 Other violent 46497274 Assault 6053101101 Robbery 646210797 Other sexual assault 7290140153 Rape 6163117106 Negligent manslaughter

215176253233 Murder/nonnegligent manslaughter 70 mo67 mo104 mo107 moViolent offenses

42 mo40 mo68 mo72 mo All offenses

1996199019961990Most serious offense time to be servedbsentence lengtha Mean minimum Mean maximum

Table 5. New court commitments to State prison, 1990 and 1996: Avera ge sentence len gth and minimum time to be served

Note: Includes only offenders with a sentence of more than 1 year. Excludes sentences of life without parole, life plus additional years, life, and death.

3654614572 Assault 51768660101 Robbery 7010511972140 Rape

127190215214253 Murder/nonnegligent manslaughter

52 mo78 mo88 mo73 mo104 moSelected violent offenses

sentencesentencesentenceserved lengthMost serious offense 50% of75% of85% oftime to besentence

Estimated time to be servedMinimumMaximum commitments, 1996 New court

Table 6. Estimated avera ge time to be served under truth-in-sentencin g laws

sentenced under an 85% requirement, or 47 months longer than the 1996 projected minimum term of 72 months.

Based on the maximum sentence length of offenders entering prison for robbery, a minimum 86-month prison term would be expected under an 85% requirement, compared to the current 60-month projected minimum prison term for 1996.

Violent offenders would serve about 10 months less under a 75%-requirement than an 85%-requirement

Assuming sentence length remains constant, violent offenders would be expected to serve on average 78 months in prison under a 75% require- ment, or 10 months less than offenders under an 85% truth-in-sentencing requirement. Under a 50% truth-in-

sentencing requirement, violent offend- ers would serve on average a minimum of 52 months in prison prior to becom- ing eligible for release.

For releases, average time served in prison increased from 22 months in 1990 to 25 months in 1996

State prisoners released for the first time on their current offense served on average 30 months, or 25 months in prison and 5 months in jail in 1996. Offenders released in 1990 served on average 28 months, or 22 months in prison and 6 months in jail (table 7).

Between 1990 and 1996 total time served by released prisoners increased for every offense, except robbery, which decreased slightly from 48 months in 1990 to 46 months in 1996, and a small category of other violent offenses, which dropped from 38

months in 1990 to 35 months in 1996. Violent prisoners released in 1996 served on average 45 months in prison and jail, or about 50% of the average sentence prior to release, up from 44% in 1990. Offenders released from prison for rape in 1996 served a total of 66 months, up from 62 months for those released in 1990. Offenders released for other sexual assault offenses in 1996 served 45 months or 9 months longer than those released in 1990. Offenders released for assault also served longer in 1996 compared to 1990 (33 months versus 30 months).

Offenders released for motor vehicle theft during 1996 served on average 24 months in prison and jail, a 4-month increase from those released in 1990. Drug offenders released in 1996 served nearly 6 months longer in prison than offenders released for a drug offense in 1990 (20 months versus 14 months).

8 Truth in Sentencing in State Prisons

aMaximum sentence length an offender may be required to serve for the most serious offense. Excludes sentences of life without parole, life plus additional years, life and death. bAverage time spent in jail credited towards the current offense. cBased on mean time served in jail and mean time served in prison by offense. dBased on the mean total time served and mean total sentence length by offense. Details may not add to total because of rounding. eIncludes nonnegligent manslaughter.

Note: Includes only offenders with a sentence of more than 1 year released for the first time on the current sentence. Excludes prisoners released from prison by escape, death, transfer, appeal or detainer. Data were reported on maximum sentence length for 93.4% of the 227,100 first releases reported to NCRP in 1990 and 97.6% of the 258,480 first releases reported in 1996. Data were reported on time served in jail for 76.7% in 1990 and 78.6% in 1996, and time served in prison for 94.6% in 1990 and 98.4% in 1996.

254,217214,871203,167174,161252,238212,166Total

45.6%39.2%25 mo23 mo19 mo16 mo6 mo6 mo50 mo51 moOther offenses

45.9%42.6%21 mo18 mo17 mo14 mo4 mo5 mo41 mo40 moPublic-order offenses

46.734.823161712544542 Other/unspecified drug 39.334.826222216566260 Trafficking 37.629.022181712465561 Possession 39.8%32.9%24 mo20 mo20 mo14 mo5 mo6 mo57 mo57 moDru g offenses

46.137.624222018444855 Other property 38.233.222201814465156 Fraud 49.133.124201913574556 Motor vehicle theft 43.235.522201814464752 Larceny/theft 42.433.931292622566879 Burglary 43.0%34.4%26 mo24 mo22 mo18 mo5 mo6 mo56 mo65 moPro pert y offenses

48.943.535382933666780 Other violent 51.743.933302823666164 Assault 47.042.8464840416792104 Robbery 51.743.845363930558177 Other sexual assault 52.645.56662615567116128 Rape 46.641.047374131659788 Negligent manslaughter 50.943.195928483119180209 Murdere 49.6%43.8%45 mo46 mo39 mo39 mo6 mo7 mo85 mo99 moViolent offenses

44.4%38.0%30 mo28 mo25 mo22 mo5 mo6 mo62 mo69 mo All offenses 1996199019961990199619901996199019961990Most serious offense

sentence serveddTotal time servedcPrisonJailb sentence lengtha Percent ofMean time served for first releases Mean maximum

Table 7. Mean sentence len gth and time served for first releases from State prison, 1990 and 1996

Overall, offenders released from prison in 1996 served about 44% of their sentence, up from 38% in 1990. Drug offenders served the smallest percent- age of their sentence, about 40% for those released in 1996, up from 33%.

Time served by released Part 1 violent offenders increased in 38 States between 1993 and 1997

Data on the average time served reported to the VOI/TIS incentive grants program vary from the NCRP

data due to differences in the definition of violent crimes. NCRP time served statistics for violent offenders include Part 1 violent crimes and a number of other violent crimes such as kidnaping, simple assault, sexual assault, and reckless endangerment.

Truth in Sentencing in State Prisons 9

bBased on States which reported both mean maximum sentence and mean time served. cMean sentence length, mean time served, and percent of sentence served are weighted averages. dUsed broader definition of violent crime approved for the grant program. eJail time not included in time served data. fTime served includes released offenders sentenced to life or death.

Note: Data were obtained from the Violent Offender Incarceration and Truth-in- Sentencing Incentive Grants Program. Includes only offenders with a sentence of more than 1 year released for the first time on the current sentence. Excludes persons released from prison by escape, death, transfer, appeal or detainer. Part I violent crimes include murder/nonnegligent manslaughter, rape, robbery and aggra- vated assault --Not reported.

aExcludes sentences of life or death.

44541245643764969140Wyomingd,e 554887494184494183Wisconsin 416516046801754476171West Virginiae 743649703347763141Washington 52551054944913841107Virginia 8782944144107343293Vermonte 434610946511113643121Utahe 525911443611423552150Texasd 445612745541213748130Tennessee 4741884737783536101South Dakota 51469145461024444100South Carolina 664670634572554480Rhode Island 596410851591154654117Pennsylvania 6338606038643943111Oregon 43429836381063334104Oklahoma 336319229682302661237Ohio 644774772634663147North Dakota 404711731391272433136North Carolina 605796555294535094New Yorkd 573867613862543770New Mexicoe 454610241501233947121New Jersey 444295383798373698New Hampshiree 453783------------Nevada 456013448521094755118Nebraskae 474910537431173354163Montanae 867182786887787292Missouri 465712246541174345105Mississippi d,e 693550663654683450Minnesota --54----50----46--Michigan

58589950591194251123Massachusettsd 566010855611105363118Marylandd --49----35----43--Mained

515911758651136467104Louisianad,e 498718038802103277242Kentuckyf --41----31----29--Kansase,f

384913026401552039192Iowae,f 485511552571095054108Indiana 4446106454090444091Illinois 495110461721195759104Idaho 466113448661394764138Hawaii 626811048641344263150Georgiad 595084564071422867Floridad --44----43----41--Delawaree

685377644571543871Connecticut 515097525199403998Colorado 583662573562573358Californiad 253815028381372735131Arkansas 745270654366624369Arizona 67%55 mo83 mo64%61 mo95 mo57%65 mo115 moAlaska ------------------Alabama

54%49 mo93 mo51%46 mo95 mo47%43 mo98 moAll Statesc

servedbserved sentenceaservedbserved sentenceaservedbserved sentencea sentenceMean time maximumsentenceMean time maximumsentenceMean time maximum Percent of MeanPercent of MeanPercent of Mean

199719951993

Table 8. Part 1 violent offenders released from State prison, 1993, 1995, and 1997

VOI/TIS data generally include only Part 1 violent crimes (murder/ nonnegli- gent manslaughter, rape, robbery, and aggravated assault) (table 8). Some States used an alternative definition of violent crime approved through the grant program, based on the NCRP definition.

Through the VOI/TIS program, 38 States reported an increase in the average time served by released Part 1 prisoners between 1993 and 1997. Vermont reported the largest increase in time served (up 50 months) between 1993 and 1997, followed by Florida (22 months) and North Dakota (16 months). Overall, time served for released Part 1 violent offenders increased from 43 months in 1993 to 46 months in 1995 and 49 months by 1997. The average time served for Part 1 violent offenders released in 1997 ranged from 35 months in Minnesota to 87 months in Kentucky.

Part I violent offenders released in 1997 served between 25% and 87% of their sentence

Among prisoners released in 1997, the average sentence for a Part 1 violent crime was about 93 months and the

average time served in prison and jail was 49 months, or 54% of the average total maximum sentence. Overall, the average percent of sentence served increased from 47% in 1993 to 51% in 1995, and by 1997 released Part 1 violent offenders had served 54% of the average sentence.

The percent of sentence served by released violent offenders varied widely among reporting States, ranging from 25% in Arkansas to 87% in Vermont for 1997. Variations in the percent of sentence served are due to State differ- ences in both time served and the maximum sentence length of released offenders. The average sentence length of released violent prisoners

ranged from 49 months in Washington to nearly four times that in Ohio (192 months).

Part of the variation in sentence length and percent of sentence served is due to differences between determinate and indeterminate sentencing. Offenders in indeterminate sentencing States may be sentenced to a relatively long maximum prison term and a short minimum term, compared to the fixed sentence of a determinate sentencing State. Variations by State in the percent of sentence served may also reflect other State-specific sentencing practices, a differing mix of the type of violent offenders being released, and changing release policies.

10 Truth in Sentencing in State Prisons

Black offenders released in 1996 served 2 months longer than white offenders

Black offenders released in 1996 served about 41 months in prison for a violent offense, compared to 38 months for white offenders. For murder white offenders served 90 months, compared to 86 months for black offenders and 76 months for Hispanics. Black offenders sentenced to prison for rape served about 14 months longer than whites (70 months versus 56 months).

Females released in 1996 served an average of 8 months less than males. Females served 9 months less than males for a violent offense, about 8 months less for a property offense, and 4 months less for a drug offense.

Note: Data were obtained from the National Corrections Reporting Program. Includes only offenders with a sentence of more than 1 year released for the first time on the current sentence. Excludes persons released from prison by escape, death, transfer, appeal, or detainer. *Excludes inmates of Hispanic origin.

15 mo18 mo16 mo15 mo17 moPublic-order offenses

2122201822 Trafficking 2118151518 Possession 20 mo20 mo18 mo16 mo20 moDru g offenses

1721191419 Motor vehicle theft 1919181519 Larceny/theft 2629251827 Burglary 22 mo23 mo21 mo15 mo23 moPro pert y offenses

2730252328 Assault 3042422841 Robbery 5170564861 Rape 7686906786 manslaughter

Murder/nonnegligent 33 mo41 mo38 mo30 mo39 moViolent offenses

23 mo26 mo24 mo 18 mo26 moAll offenses

HispanicBlack*White*FemaleMale First releases from State prison

Mean time served in prison by first releases from State prison , by sex and race , 1996

Note: Data were obtained from the National Prisoners Statistics data collection. *Preliminary.

1.11.20.91.21.81.0Other 17.517.415.012.912.213.0Expiration of sentence 18.6%18.6%15.9%14.1%14.0%14.0%Unconditional

10.910.510.513.013.715.9Other 41.239.440.236.832.529.6Mandatory 29.331.533.436.139.940.5Parole 81.4%81.4%84.1%85.9%86.0%86.0%Conditional releases

1997*19961995199419931990

Table 9. Type of release from State prison, 1990, 1993-1997

Prisoners released in 4 States served over 70% of the sentence

Part 1 violent offenders released in Vermont, Missouri, Washington, and Arizona during 1997 served on average over 70% of the average sentence. Time served in these four States ranged from an average of 36 months for offenders released in Washington to 82 months for prisoners released in Vermont. Part 1 violent offenders released from Kentucky served the longest amount of time in prison and jail (87 months), which represented 49% of the average maximum sentence.

Top 10 States, by percent of sentence served, 1997

Time Percent of served sentence

Vermont 82 mo 87% Missouri 71 86 Washington 36 74 Arizona 52 74 Minnesota 35 69 Connecticut 53 68 Alaska 55 67 Rhode Island 46 66 North Dakota 47 64 Oregon 38 63

Nearly 18% of released offenders served their entire prison sentence

About 81% of prisoners released in 1997 were conditionally released to community supervision (table 9). The remaining 19% were released into the community without further correctional supervision, up from 14% in 1990.

Consistent with recent trends in requir- ing longer portions of the sentence to be served, more released prisoners in 1997 served their entire prison term (18%), compared to 1990 (13%). Also, more offenders were released to mandatory parole (release supervision mandated by law rather than granted by a parole board) during 1997, compared to 1990 (41% versus 30%).

Time served increased for parole board releases between 1990 and 1996

Parole boards have followed the trend toward increasing the amount of time offenders serve in prison. The average time served among offenders released by a parole board increased from 23 months in 1990 to 24 months in 1994

and 25 months in 1996 (table 10). The time served for those released under nondiscretionary mandatory parole also increased from 20 months in 1990 to 23 months in 1995 and 24 months in 1996.

Violent offenders released by parole boards served 4 months longer than other conditional releases

During 1996, violent offenders released by the discretion of a parole board served 42 months while other condi- tional releases (mandatory parole and other non-discretionary conditional releases) served 38 months in prison (table 11). Offenders released by a parole board who were in prison for murder/nonnegligent manslaughter served 21 months longer than other conditional releases (96 months versus 75 months). Offenders serving time for assault who were released by a parole board served 30 months, or 5 months longer than other conditional releases (25 months).

Property offenders served about 22 months under both types of release. Drug offenders released by a parole

Truth in Sentencing in State Prisons 11

Note: Includes only offenders with a sentence of more than 1 year released for the first time on the current sentence. Excludes persons released from prison by escape, death, transfer, appeal or detainer.

2624251996 2523241995 2620241994 2319231993 2219231992 2720231991 27 mo20 mo23 mo1990

sentenceparoleboardYear ofMandatoryParole Expiration

Release type

Table 10. Time served in prison for first releases from State prison, by release t yp e, 1990-96

Note: Data were obtained from the National Corrections Reporting Program. Includes only offend- ers with a sentence of more than 1 year released for the first time on the current sentence. Excludes persons released from prison by escape, death, transfer, appeal or detainer. *Includes mandatory parole releases and other nondiscretionary conditional releases for select States.

36.5%31.2%14 mo20 mo33 mo60 moOther offenses

42.8%29.9%17 mo16 mo36 mo47 moPublic-order offenses

44.425.321224280 Trafficking 39.624.518184266 Possession 41.8%25.6%19 mo21 mo40 mo74 moDru g offenses

41.828.718193661 Motor vehicle theft 43.327.919183959 Larceny/theft 49.328.328275088 Burglary 45.7%28.0%22 mo23 mo43 mo73 moPro pert y offenses

51.535.125304581 Assault 56.932.4404263118 Robbery 50.035.5414475117 Other sexual assault 57.237.6646594157 Rape 52.335.67596138229

Murder/nonnegligent manslaughter

53.2%34.0%38 mo42 mo65 mo113 moViolent offenses

47.0%29.1%25 mo25 mo47 mo79 moAll offenses

conditional* boardconditional* boardconditional* boardMost serious offense Other ParoleOther ParoleOther Parole

served in prisonTime served in prison Maximum sentence Percent of sentence

Table 11. Sentence len gth, time served, and percent of sentence served, for first releases , by offense and release t yp e, 1996

board served 21 months and other conditional releases served about 19 months in prison. Persons in prison for a public-order offense served about the same amount of time whether released by a parole board (16 months) or other conditional releases (17 months).

Parole board releases served 29% of the sentence, and other conditional releases, 47%

Offenders released by a parole board during 1996 served a smaller percent of their sentence than other conditional releases (29% versus 47%). Offenders in prison for a violent offense who were released by a parole board served 34% of their sentence, and other conditional releases served just over half (53%) of their sentence. The difference between the two release types in percent of

sentence served was the result of longer sentences for offenders who were eligible for discretionary parole board release. Offenders released in 1996 by a parole board had an average sentence of 79 months, 32 months longer than other conditional releases (47 months).

Prisoners are serving more time than release data indicate

The average time-served data reported for released prisoners understate the actual time that will be served by persons entering prison. The numbers reflect the time served by prisoners actually released without accounting for those who will never be released. In addition, prisoners with extremely long sentences will not show up in the release statistics for many years.

Current time-served data are based on released offenders who were gen- erally sentenced under past or “old law” sentencing policies. Offenders sentenced under recently implemented truth in sentencing or “new laws”

requiring large portions of the sentence to be served do not show up in current release statistics.

State prison population growth is linked to increasing time served

The State prison population dramati- cally increased between 1990 and 1997 (figure 1). Since 1990 the State prison custody population has increased by 57%, reaching a high of 1,075,052 inmates in 1997, up from 684,544 in 1990. The growth has not been entirely the result of more offend- ers entering State prison. The number of offenders admitted each year has remained fairly constant in recent years. Admissions to State prisons have increased by about 17% since 1990, up from 460,739 to 540,748 in 1997. An increasing amount of time served by offenders is contributing to the growth in State prison populations. (See Blumstein and Beck, 1999.)

The sentences of released offenders decreased between 1990 and 1996

Another indicator of increasing time served is a shorter average sentence length of those actually released from

12 Truth in Sentencing in State Prisons

Note: Includes only offenders with a sentence of more than 1 year released for the first time on the current sentence. Excludes persons released from prison by escape, death, transfer, appeal, or detainer.

40575684621996 39575684611995 42606085641994 39616190661993 35535389601992 38596392661991 37 mo54 mo61 mo94 mo65 mo1990

order DrugPropertyViolent offendersYear Public-All

Mean maximum sentence length

Table 12. Mean sentence len gth of first releases from State prison , 1990-96

Source: Correctional Populations in the United

1990 1992 1994 1996 0

400,000

800,000

1,200,000

Admissions

Yearend population

Note: Numbers for 1997 are preliminary.

State prison population and admissions, 1990-97

States, 1996. BJS report, NCJ 170013, January 1999.

Note: Releases exclude escapees, AWOL’s, and transfers, and include prisoners with a sentence of more than 1 year. *Number of releases per 100 State prisoners. The prisoner count includes inmates at the beginning of each year plus those admitted during the year.

54.971.84,2007,700Other offenses

38.840.644,80030,000Public-order offenses

38.841.6148,900105,800Dru g offenses

35.038.614,90011,800 Other property 39.346.118,20017,800 Fraud 38.944.214,00011,400 Motor vehicle theft 43.953.241,10042,200 Larceny/theft 36.245.865,80075,800 Burglary 38.546.8154,000158,900Pro pert y offenses

21.924.46,1004,100 Other violent 25.431.633,10023,900 Assault 23.931.844,80046,600 Robbery 17.420.413,5009,700 Other sexual assault 15.423.87,0007,700 Rape 20.122.24,2004,100 Negligent manslaughter 5.29.76,1007,700

Murder/nonnegligent manslaughter

19.024.8115,300103,000Violent offenses

30.937.0467,200405,400 Total

1996199019961990Most serious offense Release rate* Number of releases

Table 13. Rate of release from State prison, by offense , 1990 and 1996

prison. As a result of changes in sentencing and release policies, the more serious offenders with long sentences are being held in prison, and less serious offenders with shorter sentences make up an increasing fraction of the released prisoners.

Overall, the average sentence length of offenders released from prison in 1996 was 62 months, down from 65 months in 1990 (table 12). The average sentence length of violent offenders released in 1996 was 10 months shorter than those released in 1990 (84 months versus 94 months). Property offenders released in 1996 had a 5-month shorter average sentence length. Offenders with long sentences for violent and property offenses may be serving longer periods of time in prison.

The release rate for rape offenders dropped from 24 per 100 to 15 per 100 State prison inmates

While the actual number of prisoners released each year continues to increase, the rate of release (or the number of releases relative to the number of inmates in prison) dropped. In 1996 an estimated 467,200 offend- ers were released from prison up from 405,400 in 1990 (table 13). However, the release rate dropped from 37 per 100 State prisoners in 1990 to 31 per 100 in 1996.

The overall decline in the release rate was also due to a declining rate of release for violent and property offend- ers. The violent offender release rate dropped from 25 per 100 State prison- ers in 1990 to 19 per 100 in 1996. The release rate for murder showed the

most dramatic decline, cut nearly in half from about 10 per 100 in 1990 to 5 per 100 in 1996. Robbery and assault decreased from a release rate of 32 per 100 in 1990 to about 25 per 100 in 1996. The release rate for property offenders decreased from 47 per 100 State prisoners in 1990 to 39 per 100 in 1996. The rate for drug and public- order offenses decreased slightly from about 41 per 100 prisoners in 1990 to 39 per 100 in 1996.

Few offenders admitted under truth- in-sentencing laws are being released from prison

Through the VOI/TIS program, 15 Federally funded truth-in-sentencing States and 3 non-Federally funded States reported 1997 admission and release data on offenders sentenced under truth in sentencing (table 14). Three States reported that none of the offenders admitted under a truth-in- sentencing law was released from prison during 1997 (Illinois, Iowa, and Missouri). Four States reported fewer than 10 offenders were released (Connecticut, North Dakota, South Carolina, and Tennessee).

Among the reporting States, prisoners admitted under truth-in-sentencing and released from prison during 1997 had both short sentences and prison terms. The average sentence of released offenders ranged from 9 months in Ohio where offenders served 9 months in prison to 43 months in Nevada where offenders served 18 months. Since the small number of truth-in- sentencing prisoners who were released during 1997 had short sentences, the average time served by these offenders is not comparable to national time served data. Due to the estimated time to be served by offend- ers admitted under truth-in-sentencing, these offenders are not expected to be released from prison for many years.

Six States projected an average 10-year prison term under truth in sentencing

Both the sentence length and projected average time to be served by Part 1

Truth in Sentencing in State Prisons 13

Note: Data were obtained from the Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants Program. /Not reported. --Not applicable. aExcludes prisoners sentenced to life or death. bJail time not included in time served data. cReleases serving less than 85% are the result of a judicial action impacting sentencing structure. dUsed a broader definition of violent crime. eNot a Federally funded truth-in-sentencing State. fIncludes only select violent crimes (primarily murder).

gAverage executed sentence (which includes the maximum supervised release term) was 68 months for admissions and 33 months for releases. hUnder New York’s 1995 truth-in-sentencing law first felony offenders are given an indeterminate sentence, second felony offenders a determi- nate sentence. For indeterminate cases the statutory presumptive release date is reported rather than the maximum sentence. iAll 9 releases were either judicially released or sentenced under a split confinement and released on probation.

596109184207346Tennesseei 8315182160183515South Carolina 8819214/9229North Dakota 8019249854641,805 New Yorkd,h 42184348/173483Nevadae ------0171201464Missouri

7126361865980753Massachusettsd,e ------019823366Iowa ////105 mo123 mo 5,277Californiad

Indeterminate

882225110126140932Virginia 10099165/542,660Ohio

------0861001,107 New Yorkd,h 10022224334646748Minnesotag

------0192208936Illinoise,f 80151946561723,720Floridac,d 88313568/82264Delawareb 8825292/128561Connecticut 90% 27 mo30 mo36064 mo74 mo 1,359Arizona

Determinate served served sentenceNumberservedsentencea Number sentence Time Maximum time to beMaximum Percent ofAverage

First releasesNew court commitments

Table 14. Part I violent offenders admitted and released from State prison under truth in sentencin g, for selected States , 1997

violent offenders admitted to prison during 1997 under a truth-in-sentencing law vary greatly by State. Of the 17 States able to report data, the average maximum sentence length ranged from 46 months in Minnesota to 233 months in Iowa. Generally, the average maximum sentence of indeterminate sentencing States was longer than that of determinate sentencing States.

For the 12 States reporting data, the average projected time to be served for Part 1 violent offenders admitted under a truth-in-sentencing law during 1997 ranged from 46 months in Minne- sota to 198 months in Iowa. Six of the 12 States projected that offenders admitted under a truth-in-sentencing law would serve on average over 10 years in prison prior to becoming eligi- ble for release.

7 States reported an average percent of sentence served above 85%

Violent offenders sentenced and released under truth-in-sentencing requirements are serving a large portion of their sentence. For Part 1 violent offenders sentenced under a truth-in-sentencing law and released during 1997, seven States reported an average percent of sentence served above 85% (Arizona, Connecticut, Delaware, Minnesota, Ohio, North Dakota, and Virginia). An additional four States reported an average percent of sentence served between 70% and 80% (Florida, Massachusetts, New York, and South Carolina).

As the number of offenders sentenced under truth in sentencing continues to grow, the national average percent of sentence served by violent offenders should also continue to increase. Because truth-in-sentencing laws are relatively recent, however, the majority of offenders sentenced under them will not be released from prison for many years. Statistics based on current release data may underestimate changes in time served due to truth in sentencing.

Methodolo gy

The National Corrections Reporting Program (NCRP) collects individual level data for persons admitted to and released from State prisons and offenders exiting parole supervision, by calendar year. The data cover prison- ers admitted to or released from custody regardless of the jurisdiction where the prisoner was sentenced. While NCRP collects data on all offend- ers, this report includes data on prison- ers with a total sentence of more than a year.

The NCRP datasets are available from the National Archive of Criminal Justice Data at the University of Michigan and can be downloaded via the Internet. A codebook, explanatory notes, and sample SPSS and SAS statistical setup files are included with each dataset. The datasets for 1983 through 1995 are also available on a series of eight CD-ROM’s.

Caution should be used for year-to-year comparisons of NCRP data to account for differences based on State partici- pation and valid data reported. Varia- tions in the ability of a State to report certain variables (such as sentence length and minimum time to be served) and in definitions used by participating jurisdictions are reported in the explanatory notes.

NCRP participating States

The number of jurisdictions reporting data varies from year to year. In 1996 admissions and releases were reported by the following 37 States and the California Youth Authority: Alabama, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin. Except for Florida and Maine, these States and Massachu- setts also reported in 1990.

Estimating the admission and release rates by offense

The admission and release rates for sentenced prisoners under State juris- diction by offense were estimated using the yearend custody population derived through the forward and backward estimation procedure outlined in BJS report Prisoners in 1996 (NCJ 164619). Data from the BJS State and Federal inmate surveys, conducted in March 1986 and August 1991, were used to estimate a custody population by type of offense for each year from 1986 through 1996. To obtain the base year jurisdiction population, the proportion of the estimated 1989 and 1995 custody numbers by type of offense was applied to the sentenced jurisdiction population from the National Prisoners Statistics (NPS) collection. For the 1990 and 1996 admissions and releases, the offense distribution (in percentages) from NCRP were multi- plied by the total number of admissions and releases of sentenced prisoners reported in NPS. The final estimates of the number of inmates by offense for 1990 and 1996 were calculated by adding admissions and subtracting releases from the 1989 and 1995 yearend jurisdiction estimates.

The admission rate was calculated by dividing all admissions during the year by the yearend population of the preceding year. The rate of release was calculated by dividing the number of inmates released during the year by the number in prison at the beginning of the year plus the number admitted during the year.

Truth-in-sentencing reform

BJS contacted each State for verifica- tion of all truth-in-sentencing State-level references in this report. Truth-in- sentencing laws vary from State to State on effective date, offenses covered by the law, and percent of sentence required to be served prior to release, among other requirements. The Violent Offender Incarceration and Truth in Sentencing Incentive grants program provided State-validated sentence length and time served data.

14 Truth in Sentencing in State Prisons

All 50 States reported data on admis- sions and releases with a common definition of Part 1 violent offenses.

Weighted averages were used to calculate the average sentence, time served, and percent of sentence served from State-level VOI/TIS data. A weighted average for time served is calculated by multiplying the mean time served for each State by the number of releases in the State. The results were summed and divided by the total number of releases.

Definition of terms

New court commitments — persons entering prison directly from a sentence by a court and not from an unsuccess- ful period of community supervision (parole). Includes new court admis- sions, probation revocations, and admissions after the imposition of a suspended sentence.

Violent offenses — Crimes involving personal injury, threat of injury and theft of property or attempted theft by force or threat of force. Includes murder, manslaughter, rape, other sexual assault, robbery, assault, extortion, intimidation, criminal endangerment, child abuse, and other offenses involv- ing confrontation, force, or threat of force.

Maximum sentence length — the sentence for the most serious offense, as determined by the offense with the longest sentence. Whenever a sentence had both a minimum and a maximum term, the maximum was used to define the sentence length.

Total sentence length — the longest time that an offender could be required to serve for all offenses.

Minimum time to be served — the juris- diction’s estimate of the shortest time that each admitted prisoner must serve before becoming eligible for release. Factors used in this estimate include minimum sentence length, good-time credits, earned-time credits, parole eligibility requirements, and early release requirements and allowances.

Life sentence — any prison sentence with a fixed or maximum term of life in prison, regardless of the possibility of parole.

First release from prison — anyone released for the first time on the current sentence. Excluded from first releases from prison are persons who had previ- ously been conditionally released from prison for the same offense and then were returned to prison for violating the conditions of that release.

Subsequent release from prison — persons released from prison after having been admitted to prison for a violation of parole or other conditional release.

Conditional release — anyone released from prison into community supervision with a set of conditions for remaining on parole, which, if violated, can cause the person to be returned to prison. This subsequent incarceration can be for any of the remaining portion of the sentence the inmate may have on the current offense.

Unconditional release — anyone released from any further correctional supervision who cannot be returned to prison for any remaining portion of the sentence for the current offense.

Total time served — calculated by adding the average time spent in prison and the average time spent in jail.

Truth in Sentencing in State Prisons 15

References

Association of Paroling Authorities, International. 1997 Parole Board Survey. St. Louis, Missouri: APAI Publications, May 1998.

Blumstein, Alfred, and Allen J. Beck. “Factors Contributing to the Growth in U.S. Prison Populations,” in Crime and Justice: A Review of Research on Corrections, Michael Tonry and Joan Petersilia, eds. Chicago, Illinois: University of Chicago Press, forth- coming (1999).

Beck, Allen J., and Lawrence Greenfeld. Violent Offenders in State Prison: Sentences and Time Served. BJS Selected Findings, NCJ 154632, July 1995.

Bureau of Justice Assistance. 1996 National Survey of State Sentencing Structures. Washington, D.C.: NCJ 169270, September 1998. The National Assessment of Structured Sentencing. Washington, D.C.: NCJ 153853, February 1996.

Corrections Program Office, Office of Justice Programs. Violent Offenders and Truth- In-Sentencing Incentive Grants: Program Guidance and Application Kit. FY98. Washington, D.C.: U.S. Department of Justice, 1998.

Gilliard, Darrell, and Allen J. Beck. Prisoners in 1997. BJS Bulletin, NCJ 170014, August 1998.

General Accounting Office. Truth in Sentencing: Availability of Federal Grants Influ- enced Laws in Some States. Washington, D.C.: U.S. Congress, GAO/GGD-98-42, February 1998.

National Center for State Courts. Sentencing Digest, Examining Current Sentencing Issues and Policies. Williamsburg, Virginia: NCSC Publications, Number R-204, 1998.

National Institute of Corrections. State Legislative Actions on Truth in Sentencing. Washington, D.C.: U.S. Department of Justice, NCJ 157895, May 1995.

Tonry, Michael, ed. Crime and Justice, A Review of Research. Chicago, Illinois: University of Chicago Press, 1992.

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16 Truth in Sentencing in State Prisons

This report in portable document format and in ASCII, its tables, and related statistical data are available at the BJS World Wide Web site: http://www.ojp.usdoj.gov/bjs/

The data from the National Correc- tions Reporting Program, 1996 can be obtained from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999- 0960. The archive can also be accessed through the BJS web site. When at the archive site, search for data set ICPSR 2017.

The Bureau of Justice Statistics is the statistical agency of the U.S. Depart- ment of Justice. Jan M. Chaiken, Ph.D., is director.

BJS Special Reports address a specific topic in depth from one or more datasets that cover many topics.

Doris James Wilson and Paula M. Ditton wrote this report under the supervision of Allen J. Beck, Ph.D. Tom Bonczar provided statistical review. Tom Hester edited the report, assisted by Tina Dorsey. Marilyn Marbrook, assisted by Yvonne Boston and Jayne Robinson, prepared the report for publication.

Tammy Anderson, Elizabeth K. Griffin, Marc Roemer, and Laarni Verdolin, Demographic Surveys Division, U.S. Bureau of the Census, carried out data collection and processing under the supervision of Kathleen P. Creigh- ton and Gertrude B. Odom. Ruth Breads and Dave Pysh under the supervision of Stephen T. Phillips provided programming assistance for data processing. These affiliations date to the time of the data collection.

January 1999, NCJ 170032