Summary
Part I presents sentencing and population data to demonstrate how sentencing
practices and statutory revisions contribute to the growth of Illinois'
prison population. At the end of 1977, the population was 10,982. The
December 31, 2002 population reached 42,693, an annual growth rate of
5.6% since 1977.
This expansion in the number of inmates has been largely a consequence
of the number and length of Murder, Class X, and Class 1 sentences imposed
since determinate sentencing began in 1978. The volume of admissions
for these mostly violent offenders, whose relatively longer sentences
hold them in prison for an extensive period of time, has resulted in
an accumulation of inmates within the prison system. However, the recent
prison population decline has been attributed, among other reasons,
to a higher proportion of admissions for offenders sentenced from court
for the lower classes of offenses. These Class 3 and Class 4 offenders
typically have short lengths of stay, resulting in a faster movement
of inmates through the system, and consequently, a waning prison population.
Those inmates with a life sentence, habitual child sex offenders and
child sex offenders, and indeterminate inmates who remain incarcerated
also contribute to the expansion in population. In addition, the sheer
volume of drug offenders sentenced to prison each year, particularly
for Possession of a Controlled Substance, continues to contribute to
the growth in the prison population.
Detailed impacts on the prison population as a result of recent sentencing
practices in Illinois are explained in Part I.
Prison Population
Table 1 and Figure 1 illustrate prison population growth since 1970.
The acceleration that began in 1974 is attributed to more felons being
sentenced to prison with longer sentences. The expansion in the prison
population continued after 1978 with the enactment of determinate sentencing.
Growth slowed in the early 1980's when the Illinois Department of Corrections
(IDOC) utilized a forced release policy. A significant rise began again
once forced release ended in 1983.
From 1988 to 1994 the prison population increased by 73.3%. Between
1994 and 2000 the prison population had an annual growth rate of 3.6%.
Over the next two years, however, the population decreased by 2,588
inmates, a decline of 5.7%. This decline is attributed, among other
reasons, to an increase in the number of Class 3 and Class 4 admissions.
In recent years, a higher proportion of inmates are being sentenced
to prison with shorter sentences; consequently, instead of detaining
more long-term inmates, IDOC has been going through a period in which
inmates with shorter lengths of stay are advancing more rapidly through
the prison system.
Violent Offenders, Drug Offenders, and Females in
the Prison Population
Many factors contribute to a changing prison population. Inmates serving
a sentence for violent crimes remain incarcerated longer than offenders
committing property or drug crimes. Between 1993 and 2000, there had
been a gradual rise in violent offenders sentenced to prison (Figure
2). This number fell by 432 in 2001, then by another 496 in 2002. Despite
recent declines, their extensive incarcerations contribute to Illinois'
prison population growth.
The number of drug offenders in Illinois' prison system fell by 693
(6.0%) during 2002 (Figure 3). Since 1993, however, this population
has experienced an overall growth of 57.2%. The most significant increases
during this ten-year period took place for Class 4 Possession of a Controlled
Substance, Class 2 Manufacture or Delivery of a Controlled Substance,
and Delivery of Controlled Substances to a Person Under 18 or in Specified
Places.
The female population has accelerated at more than twice the rate of
the male population since 1993 (Figure 4). At the end of 2002, there
were 2,520 women incarcerated. Despite another decline in 2002, this
population has increased by 49.3% over the ten-year period. Female inmates
are housed at the Dwight Correctional Center, which includes the Kankakee
Minimum Security Unit, and at the Lincoln and Decatur Correctional Centers
as well as the Dixon Springs Impact Incarceration Program (IIP). Female
inmates also reside in the Fox Valley Adult Transition Center.
Impact of Determinate Sentencing
Despite recent declines, the overall growth in the number of violent
offenders since 1977, many of whom have been convicted of Class X crimes,
as well as in the number of drug offenders, has been a consequence of
determinate sentencing (refer to Appendix B for an explanation of determinate
sentencing). Determinate sentencing has resulted in an increase in the
number of inmates in the prison population, as the rate of movement
through the prison system to release has slowed.
Table 2 demonstrates that the number of inmates incarcerated for the
most serious crimes, which consist of Murder as well as Class X and
Class 1 felonies, has increased by 21,314 since 1977 (the year prior
to determinate sentencing). Proportionately, these habitually violent
criminals and long-term drug offenders comprised less than 37% of the
prison population in 1977. By the end of 2002, Murder, Class X, and
Class 1 offenders represented 59.1% of all inmates.
Among the lower class offenses, the dominance of Class 2 offenders
in the prison population is seen in Table 2. These property and drug
offenders made up over 21% of the population. In addition, the increase
in the use of incarceration for Class 4 offenders is noted by the growth
of these offenders in the prison population from 1977 to 2002.
Prison Population by Offense Type
Offenses are categorized into groups consisting of crimes against a
person, property crimes, drug offenses, sex crimes, and other miscellaneous
crimes. Generally, crimes against a person and sex offenses are classified
together as "violent crimes."
Table 3 and Figure 5 illustrate the increasing prison population within
each of these five classifications over the past ten years. Since 1993,
the number of offenders sentenced to prison for crimes against a person
expanded by 2,544, a 16.3% increase. The number of sex offenders in
prison has risen by 27.0%, while offenders with property crimes grew
by 8.3%. The largest increase is in the number of drug offenders, growing
by 57.3% during this time period.
The majority of inmates in prison continue to be those convicted of
violent crimes. The total number of inmates who were sentenced for a
crime against a person or a sex offense comprised 51.9% of the prison
population at the end of 2002. Additionally, one of every four inmates
is serving a holding sentence for a drug offense.
Impact of Determinate Sentencing on Length of Stay
Serious offenders are also serving more time in prison. Since 1978,
the average length of stay for an inmate convicted of Murder has risen
by 2.8 years. Class X inmates released during 2002 served over 14 months
longer than inmates released in 1978 with a comparable indeterminate
sentence. Conversely, inmates released in 2002 for felonies in other
offense classes served less time on average than those released during
1978.
Time Served and Projected Time to Serve for Determinate
Cases
Inmates with a determinate sentence who are currently in prison, excluding
the community supervision violators, have an average of 4.7 years left
to serve after serving 3.1 years so far. Of the 6,895 murderers, 5,818
do not have a life or death sentence and will be in prison for an average
of 14.5 additional years. Furthermore, Class X offenders will be in
prison for an average of 6.1 more years. The inmates serving a prison
sentence for the lower offense classes have less time to serve, as noted
in Table 5 and Figure 6.
Accordingly, as large numbers of serious, long-term offenders are added
to the prison population, with fewer released, there will continue to
be an accumulation of these inmates in prison.
Sentences Imposed, Admissions, Exits, and Population
by Offense Type
Data that support why violent offenders comprise the largest percentage
of the population are presented in Table 6. Violent offenders constitute
23.4% of all sentences imposed, 23.7% of all admissions, and 23.9% of
all exits. Yet, as a consequence of their relatively longer lengths
of stay, as evidenced by an average sentence (7.4 years) more than twice
as long as those in the other offense categories, violent offenders
are the most populous group (51.4%) in the prison system.
Conversely, property and drug offenders serve relatively less time
in prison and, therefore, comprise a smaller proportion of inmates.
Although about one-third of sentences imposed and just over 30% of admissions
and exits are for property offenders, their shorter prison stays indicate
that these inmates would not accumulate in the population. Despite the
fact that property offenders constitute approximately one-third of admissions
and exits, they represent less than one-fourth of the prison population.
Drug offenders have the highest percentages of sentences imposed (38.9%),
admissions (41.6%), and releases (41.5%). With their comparably brief
time served, however, drug offenders represent only 25.6% of the prison
population.
The decline in the prison population over the past two years is directly
related to increases in the volume of inmates sentenced to prison for
Class 2, Class 3 or Class 4 property and drug offenses.
Time Served for Indeterminate Inmates
Most inmates are incarcerated with a determinate sentence, in which
a predetermined release date is calculated. Inmates who committed an
offense prior to 1978 have been incarcerated with an indeterminate sentence.
These inmates are sentenced within a minimum and maximum range and are
released following a decision made by the Prisoner Review Board or the
Governor, or at the expiration of their sentence (see Appendix B). Table
7 illustrates the changes in this population from 1993 to 2002.
On December 31, 2002 there were 351 inmates in prison who were serving
an indeterminate sentence. Just over 83% of these inmates were incarcerated
for Murder and another 10.8% for Class X offenses. Another 17 inmates
were incarcerated with Class 1 offenses, two inmates with Class 2 felonies,
one with a Class 3 felony, and one with a Class 4 offense. These inmates
had served an average of over 25 years. Few indeterminate inmates are
released each year, and due to the seriousness of their crimes, most
of the remaining indeterminate offenders will stay in prison for many
years.
Inmates with a Sentence of Life, Death, or Sexually
Dangerous Person
The number of inmates who will never be released is also growing, with
1,433 incarcerated on December 31, 2002. The number of inmates with
a life sentence (1,135) continues to increase. The end-of-year condemned
unit population rose by two in 2002, after falling by six inmates during
2001. In 2002 there were nine admissions to the condemned unit, while
there were four inmates who died of natural causes, one that was reversed
and remanded, and one that was resentenced to life. In addition, one
inmate who was on the condemned unit count in Illinois was executed
in the State of Ohio during 2002. The number of Sexually Dangerous Persons
(SDPs) increased to 138 during 2002; SDPs can only be released by court
order.
The average age of these 1,433 inmates (40.8 years) is nearly eight
years older than the average age of other inmates in prison. Of the
three groups of inmates, SDPs are the oldest, averaging 44.6 years of
age. Inmates with death sentences are one year older on average than
those with life sentences.
Guilty But Mentally Ill Inmates
It states in 720 ILCS 5/6-2 that a "person who, at the time of
the commission of a criminal offense, was not insane but was suffering
from a mental illness, is not relieved of criminal responsibility for
his conduct and may be found guilty but mentally ill." Guilty but
mentally ill inmates are incarcerated with IDOC.
The number of guilty but mentally ill inmates in the prison population
at the end of December 2002 (147) decreased by 12 from one year earlier.
This relatively large decline resulted from 37 releases of inmates who
had been found guilty but mentally ill, with only 25 admissions during
2002. The end of 2002 population is the lowest in the last ten years.
Habitual Criminals
The number of offenders with a natural life sentence imposed under
the Habitual Criminal statute (720 ILCS 5/33B-1) increased to 96 inmates
during 2002. Habitual offenders have committed Class X crimes in separate
instances on three occasions, whereupon commission of the third Class
X offense the court must adjudge the offender as a habitual offender.
Habitual Child Sex Offenders
The total number of habitual child sex offenders and child sex offenders
in prison continued to decrease during 2002. The volume of these child
sex offenders fell to 266 at the end of 2002, which is about half the
size of this population three years earlier.
This population underwent moderate growth after 1989. However, as a
result of a change in the statute, a greater number of these inmates
had been sentenced to prison through 1995. Enacted in January 1993,
730 ILCS 150/1 now requires that these offenders be designated a Child
Sex Offender (CSO) on the first offense. Previously, the designation
was not made until the second or subsequent offense.
The decline in the number of CSOs in the prison population is attributed
to the procurement of more detailed information relating to the offense.
Since 1995, States Attorneys have been providing better victim data,
and, consequently, Record Office staff are able to identify only those
inmates who meet the criteria under the Habitual Child Sex Offender
Registration Act.
Truth in Sentencing
In August 1995, Truth in Sentencing legislation was enacted (730 ILCS
5/3-6-3 (a)(2)) under Public Act 89-404. However, this law was declared
unconstitutional by the Illinois Supreme Court on January 22, 1999.
Anticipating this decision, Public Act 90-593 became effective on June
19, 1998, reenacting the original Truth in Sentencing provisions.
According to this statute, offenders who commit First Degree Murder
must serve 100% of the sentence imposed by the court. A second provision
lists twelve serious violent offenses that require inmates to serve
85% of their sentences. A third category of five violent offenses where
the enumerated offense resulted in great bodily harm to a victim also
requires inmates to serve 85% of their sentences. In three additional
categories, i.e., where the circumstances of Reckless Homicide while
under the Influence of Alcohol or any Other Drugs, Aggravated Battery
or Aggravated Discharge of a Machine Gun or a Firearm Equipped with
a Device used for Silencing the Report of a Firearm, and Aggravated
Arson, inmates may be required to serve 85% of their sentences. The
Truth in Sentencing provisions are described in Appendix B.
Beginning in late 1998, IDOC began to admit offenders sentenced under
this new legislation. The end-of-year 2002 prison population included
3,086 inmates sentenced under the Truth in Sentencing statute. Of these
inmates, 710 committed First Degree Murder and will serve 100% of their
sentences. The majority of inmates sentenced under Truth in Sentencing
have been sentenced under the mandatory 85% statute, with 2,087 inmates
having been sentenced. Most of the inmates sentenced under this section
of the statute were admitted for sexually assaultive offenses (Class
X Predatory Criminal Sexual Assault of a Child, Class X Aggravated Criminal
Sexual Assault, and Class 1 Criminal Sexual Assault). Attempted Murder
and battery offenses were also prevalent.
Another 146 inmates committed an offense for which the sentencing judge
determined that great bodily harm was inflicted upon the victim. Most
of these were the Class X offenses of Home Invasion and Armed Robbery.
These inmates are also required to serve 85% of their sentences. In
addition, 137 inmates committed Reckless Homicide and six inmates committed
Aggravated Arson for which the sentencing judge determined that the
circumstances warranted the inmates serve 85% of their sentences.
The majority of inmates admitted to prison under Truth in Sentencing
have been admitted since 2000. A total of 720 inmates were admitted
during 2000, another 945 were admitted in 2001, and 1,033 were admitted
in 2002. Only 55 Truth in Sentencing cases were released during 2002;
consequently, the population impact of Public Act 90-593 will not be
felt until additional data are available for Truth in Sentencing inmates
who will serve more time than they otherwise would have served if the
customary determinate sentence had been imposed. A more comprehensive
analysis will be conducted in future reports as more offenders are released
under this Truth in Sentencing statute.
