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, 2003 population reached 43,418, an annual growth rate of 5.4% 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, results in an accumulation of inmates within the prison system. However, there was a slight reduction in the prison population between 2000 and 2002 that has been attributed, among other reasons, to a higher proportion of admissions for offenders sentenced from court for the lower classes of offenses as well as an increase in admissions for released inmates who committed a technical violation while on Mandatory Supervised Release. These offenders typically have short lengths of stay, resulting in a faster movement of inmates through the system, and consequently, the prison population had been lower than in previous years. However, as admission patterns changed, the prison population increased during 2003.
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 overall growth in the prison population. Finally, offenders have been sentenced to prison under the Truth in Sentencing statute since 1998; at the end of 2003, 4,086 inmates sentenced under Truth in Sentencing were 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 reduction of 5.7%. This decline was attributed, first of all, to an increase in the number of Class 4 admissions. During this time, a greater proportion of inmates had been sentenced to prison with shorter sentences for Class 4 as well as other lower class offenses. Secondly, there had been an increase in admissions for released inmates who committed a technical violation while on Mandatory Supervised Release. Lengths of stay for technical violations are relatively shorter than those for court admissions, so inmates do not accumulate in the population as they would with longer sentences. Consequently, instead of incarcerating more long-term inmates, IDOC had been going through a period in which inmates with shorter lengths of stay were advancing more rapidly through the prison system.
On the other hand, as the number of court admissions was increasing in 2002 and 2003 and the number of technical violations began dropping, the prison population increased by 725 inmates during 2003, a 1.7% increase.
Violent Offenders, Drug Offenders, and Females in
the Prison Population
Many factors contribute to an increasing prison population. Inmates serving sentences for violent crimes remain incarcerated longer than those convicted of property or drug crimes. Between 1994 and 2000, there had been a gradual rise in the number of inmates sentenced for a violent crime (Figure 2). However, this number fell by 432 in 2001, then by another 496 in 2002; but by the end of 2003, the number of violent offenders in prison had increased by 578, a 2.6% rise.
The number of drug offenders in Illinois’ prison system fell by 693 (-6.0%) during 2002, then by another 76 (-0.7%) in 2003 (Figure 3). Since 1994, however, this population has experienced an overall growth of 37.3%. The most significant increases during this ten-year period took place for Possession of a Controlled Substance and Delivery of Controlled Substances to a Person Under 18 or in Specified Places.
In addition, Driving while under the Influence of Alcohol, Other Drug, or Combination of Both (DUI) offenses are included in Figure 3. The number of inmates convicted of DUI-related offenses has risen over 500% during the past ten years, from a total of 75 inmates at the end of 1994 to 463 by the end of 2003. This is attributed to the enactment and use of such laws as Aggravated DUI and Driving while under the Influence of Alcohol or other Drugs during a period in which Driving Privileges were Revoked or Suspended.
Since 1994, the female population has accelerated at nearly three times the rate of the male population (Figure 4). At the end of 2003, there were 2,700 women in prison, an increase of 48.9% over this time period. Female inmates are housed at the Dwight Correctional Center, which includes the Kankakee Minimum Security Unit, at the Lincoln and Decatur Correctional Centers, and in the Dixon Springs Impact Incarceration Program (IIP). Female inmates also reside in the Fox Valley Adult Transition Center and the Women’s Treatment Center in Chicago.
Impact of Determinate Sentencing
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 inmates convicted of violent crimes and the most serious drug offenses are incarcerated for longer periods of time than those under the indeterminate sentencing structure.
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 21,512 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 2003, Murder, Class X, and Class 1 offenders represented 58.6% 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 nearly 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 2003.
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 1994, the number of offenders sentenced to prison for crimes against a person expanded by 1,895, an 11.3% increase. The number of sex offenders in prison has risen by 26.3%, while offenders with property crimes grew by 12.3%. The largest increase is in the number of drug offenders, which shot up by 36.9% during this time period.
The majority of inmates in Illinois’ prisons 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 52.5% of the prison population at the end of 2003. Additionally, these data indicate that nearly one of every four inmates is serving a holding sentence for a drug offense while more than one of every five inmates is serving a holding sentence for a property crime.
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 3.2 years. Class X inmates released during 2003 served over 14 months longer than inmates released in 1978 with a comparable indeterminate sentence. Conversely, inmates released in 2003 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 4.8 years left to serve after serving 3.1 years thus far. Of the 6,944 murderers, 5,849 do not have a life or death sentence and will be in prison for an average of 15.3 additional years. Furthermore, Class X offenders will be in prison for an average of 6.1 more years. The inmates serving prison sentences for the lower offense classes do not have as much time remaining on their sentences, with Class 3 and Class 4 inmates having an average of less than one year left to serve, as noted in Table 5 and Figure 6.
Accordingly, as more serious, long-term offenders are added to the prison population, with relatively 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 24.0% of all sentences imposed and admissions, and 22.3% of all exits. Yet, as a consequence of their relatively longer lengths of stay, as evidenced by an average sentence (7.3 years) that is more than twice as long as those in the other offense categories, violent offenders are the most populous group (51.7%) 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 about three out of ten admissions and exits, they represent about two out of ten inmates in the prison population. Drug offenders have the highest percentages of sentences imposed (38.5%), admissions (41.5%), and releases (43.1%); but with their comparably brief time served, drug offenders represent just under one-fourth of the prison population.
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 1994 to 2003.
On December 31, 2003 there were 336 inmates in prison who were serving an indeterminate sentence. Nearly 85% of these inmates were incarcerated for Murder and another 9.5% were convicted of a Class X offense. Another 17 (5.1%) inmates were incarcerated with Class 1 offenses, and two inmates had Class 2 felonies. These inmates had served an average of over 26 years. Few indeterminate inmates are released each year, and due to the seriousness of their crimes, most of them will stay in prison for several years.
Inmates with a Sentence of Life, Death, or Sexually
Dangerous Person
On January 11, 2003 outgoing Illinois Governor George Ryan commuted the sentences of all of the state's 160 death row inmates. Inmates who had been convicted but not yet sentenced or who had been remanded for a new trial were not included in the commutations. Four death row inmates were pardoned on January 10; three were released after being pardoned while the other inmate remained in prison because he had been convicted of a separate crime. Sentences for three additional inmates were reduced to 40 years to life in order to bring their sentences in line with co-defendants. All of the remaining 153 inmates had their sentences changed to life sentences without parole.
Even with the shift in sentences for this group of inmates, the number of inmates who will never be released continued to grow, with 1,462 incarcerated with a life sentence, death sentence or Sexually Dangerous Person (SDP) commitment on December 31, 2003. There were two inmates admitted to prison with a sentence of death, and there was a net increase of 186 inmates with a life sentence, reaching 1,321 at the end of the year. The number of SDPs increased to 139 during 2003; SDPs can only be released by court order.
The average age of these 1,462 inmates (41.7 years) is more than eight years older than the average age of other inmates in prison. Of the three groups of inmates, SDPs are the oldest, averaging 45.3 years of age. Inmates with life sentences are four years younger on average than SDPs.
Guilty But Mentally Ill Inmates
It states in 720 ILCS 5/6-2(c) 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 2003 (144) decreased by three from one year earlier. This decline, the second in two years, resulted from 18 releases of inmates who had been found guilty but mentally ill, with only 15 admissions during 2003. The end of 2003 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 98 inmates during 2003, its highest level in the past ten years. 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 an habitual criminal.
Habitual Child Sex Offenders
The total number of habitual child sex offenders and child sex offenders in prison has been decreasing since 1995. This population grew after the Habitual Child Sex Offender Registration Act became effective in August 1986, reaching 1,029 in the prison population at the end of 1995. This Act stipulated that a person could be certified as a child sex offender only upon his or her second or subsequent conviction of a sex crime against a victim less than 18 years of age. However, the Child Sex Offender Registration Act, enacted in January 1993, required that these offenders be designated a Child Sex Offender (CSO) on the first offense. As a result, the number of child sex offenders in prison jumped from 99 in 1992 to 1,029 in 1995.
However, the volume of these child sex offenders in the prison population began to fall during 1996. The decline in the number of CSOs in the prison population is attributed to the fact that, 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 Child Sex Offender Registration Act. The number of child sex offenders in the prison population fell to 253 during 2003 from 266 at the end of 2002. This represents the smallest annual reduction since the decline began in 1996.
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 or the offense of terrorism 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 2003 prison population included 4,086 inmates sentenced under the Truth in Sentencing statute. Of these inmates, 1,009 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 2,708 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 aggravated battery offenses were also prevalent.
Another 193 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, 157 inmates committed Reckless Homicide and 19 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 in 2001, 1,033 in 2002, and 1,135 during 2003. Only 135 Truth in Sentencing cases were released during 2003, most for Class 1 Criminal Sexual Assault and Class 2 Reckless Homicide. Consequently, the population impact of Public Act 90-593 will not be felt until there are a sufficient number of cases available for Truth in Sentencing inmates whose time served can be compared to those who served the customary determinate sentence. A more comprehensive analysis will be conducted in future reports as more offenders are released under this Truth in Sentencing statute.
