Summary
The total number of prison sentences rose to its highest annual level during 2004, as those within the ranges of determinate sentencing grew by 2.3%. The number of First Degree Murder/Murder sentences rose by 52 cases in 2004, the first annual increase since 1998. Among the other offenses, the most significant increases were for Manufacture or Delivery of a Controlled Substance (Class 1); Delivery of Controlled Substances to a Person under 18 or in Specified Places (Class 1); Aggravated Criminal Sexual Abuse (Class 2); and the Class 4 offenses of Violation of the Sex Offender Registration Act, Prostitution, Domestic Battery, Driving while under the Influence/Driving with a Suspended License, Retail Theft, and Theft. The most notable decreases in the volume of prison sentences handed down in 2004 were primarily for Armed Robbery (Class X), Attempted First Degree Murder/Attempted Murder (Class X), Aggravated Unlawful Use of a Weapon/Aggravated Unlawful Use of a Weapon by a Felon (Class 2), Unlawful Use of a Weapon/Unlawful Use of a Weapon by a Felon (Class 3), Robbery (Class 2), Residential Burglary (Class 1), Aggravated Robbery (Class 1), and Aggravated Battery (Class 3).
The largest volume of sentences was, once again, for Class 4 Possession of a Controlled Substance. One of every five sentences was imposed for this offense. Furthermore, the total number of Class 4 sentences imposed increased by another 6.5% in 2004.
The average sentence lengths continued to decline, with the average for all cases remaining at its lowest point over the past decade. Nearly 63% of all prison sentences handed down during 2004 were three years or less. The longest sentences were for crimes against a person and sex offenses.
Sentences less than the statutory minimum were used in 1.3% of the sentences imposed during 2004. Most of these shortened sentences were for Class 1, Class 2, and Class 3 drug and property offenses. Extended terms were used in 5.5% of the sentences, mainly for Class 2, Class 3, and Class 4 felonies that involved heinous or aggravating circumstances.
Additionally, each year the majority of sentences imposed among the offense classes are handed down in the judicial circuit and district represented by Cook County. The widest disparities were found among the Murder, higher class violent crime, and lower class drug sentences. Conversely, the downstate region was responsible for sentencing the majority of lower class offenders for longer periods of time for certain property and driving-related offenses.
The total number of inmates admitted to prison rose by 67.8% from 1995 to 2004, with recent increases being shaped by a high volume of released inmates being returned for technical violations. However, the average sentence lengths for court admissions have been declining since 1995. The numbers of admissions for Class 3 and Class 4 holding offenses have increased from 1995 through 2004, while the other felony offense classes saw decreases in the number of admissions over the past ten years. The numbers of admissions have risen while average sentences have fallen since 1995 in all offense categories.
Detailed sentencing patterns and prison admission data are presented in Part III.
Average Determinate Sentences Imposed
The total number of prison sentences rose to its highest annual level in 2004, reaching 40,549 cases. Sentences within the ranges of determinate sentencing rose by 843 cases, a 2.3% increase. The average sentence lengths continued to decrease, however, with the average for all cases remaining at its lowest point over the past decade (4.1 years). The average sentence for those cases within statutory ranges fell for the second straight year. The 3.0-year median indicates that at least one-half of prison sentences imposed were three years or less.
The number of life sentences dropped to 49 cases in 2004. There were six death sentences imposed during 2004, and there were five Sexually Dangerous Person (SDP) sentences handed down. Only a few indeterminate sentences have been imposed each year for crimes committed before February 1978; there were two indeterminate sentences imposed in 2004.
Distribution of Determinate Sentences Imposed
The decline of average lengths of stay is illustrated by the continued increases in the percentage of 1- to 3-year sentences imposed. The number of 1-3 year sentences imposed throughout 2004 (25,474) represented 62.9% of all sentences, the highest level in the last decade. Nearly one-third of these sentences (31.8%) were for Class 4 Possession of a Controlled Substance.
The percentage of 4- to 6-year sentences remained the same in 2004, representing nearly one-fourth of all sentences imposed. The number and percent of 7- to 10-year and 11- to 20-year sentences decreased in 2004. The number of sentences greater than 20 years increased in 2004 after reaching its lowest level (570 cases) in 2003.
Average Sentence Imposed by Offense Class
During 2004, there were 360 Murder sentences imposed that were within the statutory sentencing range, the most since 1999. There was a decrease in the number of Class X sentences imposed, falling by more than nine percent during 2004. The number of Class 1 and Class 2 sentences increased in 2004 after decreasing in 2003. The number of Class 3 sentences declined for the second straight year. The number of Class 4 sentences has been steadily rising over the last several years (up 92.8% since 1995), rising another 6.5% in 2004.
During the past decade, mean and median sentence lengths for Murder have undergone considerable fluctuation; mean sentences increased by 3.9% in 2004, changing direction for the fifth consecutive year. The averages for Murder over the past three years have been comparable to sentence lengths seen before Truth in Sentencing. Average sentences for Class X felonies had been dropping in recent years, but rose slightly during 2004. Mean sentences for Class 1 offenses fell in 2004 after encountering its highest average in the last decade one year earlier. There have been relatively few changes in the mean and median sentence lengths for Class 2, Class 3, and Class 4 felonies since 1995 (Table 22).
Sentences Imposed and Average Sentence Imposed by Offense Class
Figure 19 shows how the volume of prison sentences imposed has changed for each offense class between 1995 and 2004. The only increases took place for Class 3 (4.0%) and Class 4 offenses (92.8%); many of the Class 4 sentences resulted from convictions for drug crimes. Numbers of sentences imposed since 1995 declined for the more serious offenses, with the most noteworthy decreases occurring for Class X offenses (-25.3%) and Murder (-22.9%).
Average sentences have remained relatively stable among the offense classes over the past ten years (Figure 20). When comparing 2004 average sentences to those imposed in 1995, sentences are lower for the more serious Murder and Class X felonies, somewhat higher for the Class 1 felonies, and relatively unchanged for the lower Class 2, Class 3 and Class 4 offenses.
Average Sentence Imposed by Offense Type
The number of sentences imposed for most offense types grew during 2004. The volume of sentences for crimes against a person had been rising through 2003, but decreased by 3.3% in 2004. The number of sentences for sex crimes increased by another 15.0% in 2004, many of which were for Class 4 violations of the Sex Offender Registration Act. The number of property crimes increased by slightly more than one percent last year.
The number of sentences imposed for drug crimes has also fluctuated throughout the past decade. After falling in 2003, the number of drug crimes grew by 4.9% in 2004. This marks the first time the volume of drug sentences exceeded 15,000 in a given year. Drug crimes remain the most prevalent offense category, with 40.0% of all sentences imposed during 2004. The number of sentences imposed for other types of crime, including Obstructing Justice, Mob Action, Bringing Contraband into a Penal Institution, Transportation of Anhydrous Ammonia, and a variety of escape-related offenses, reached its highest level in over ten years during 2004.
The average sentence lengths continued to fall for sex and property crimes. Prison sentences for crimes against a person rose slightly in 2004, with recent averages well below those imposed throughout the 1990s. Sentences for drug crimes are among the lowest among the offense types, falling by an average of six months since 1998. Sentences for the other crime types declined again in 2004 after remaining stable for the past four years (Table 23).
Sentences Imposed and Average Sentence Imposed by Offense Type
Figure 21 shows how the volume of sentences imposed has changed for each offense type from 1995 to 2004. The only decrease took place for crimes against a person, falling by merely 1.7%. Numbers of sentences imposed since 1995 have increased for the remaining offense types, with the most significant increases occurring for sex offenses (96.2%). The number of sentences for drug crimes declined by 18.6%, property crime by 19.9%, and other crimes by 21.6%.
Average sentences imposed between 1995 and 2004 have decreased for each offense type (Figure 22). The overall decline was most predominantly for sex offenses, falling by 45.9%. The remaining offense types decreased by between 12.1% (drug crimes) and 21.4% (other crimes).
Average Sentence Imposed for Selected Offenses
Trends in determinate sentence data for the most common offenses that received sentences within their statutory ranges can be analyzed from Table 24.
All but one of the 360 determinate First Degree Murder/Murder sentences imposed during 2004 were for crimes committed after June 1987, and were sentenced under the First Degree Murder statute. The number of First Degree Murder/Murder sentences rose by 52 cases in 2004, the first annual increase since 1998. The average sentence increased by 1.4 years in 2004, continuing a pattern of fluctuation throughout the last ten years.
The average sentence imposed for First Degree Murder continues to be relatively higher than those sentences imposed under the previous statute for Murder (see Appendix B). This can be explained to some extent by noting that 37.4% of the First Degree Murder sentences imposed during 2004 were between 41 and 60 years, which would have been in the extended range under the previous Murder statute. In addition, a growing number of First Degree Murder sentences are falling under the Truth in Sentencing statute. In 2004, 90.8% of inmates admitted to prison for First Degree Murder must serve 100% of their sentence. On average, the mean and median sentences imposed during 2004 are comparable to those handed down before Truth in Sentencing took effect in 1998.
The number of sentences imposed for three of the five selected Class X offenses decreased in 2004. The largest reduction was for Armed Robbery, falling 18.8%. The 782 sentences handed down in 2004 reveals the impact of Aggravated Robbery, a Class 1 felony that became effective on January 1, 1994. There has been a 26.9% decline in the volume of Armed Robbery sentences imposed since 1995.
The number of sentences imposed for Attempted First Degree Murder/Attempted Murder fell by 11.7%. Predatory Criminal Sexual Assault of a Child sentences have experienced numerous fluctuations over the past ten years, declining 1.7% during 2004. Relatively minor increases were seen for Aggravated Criminal Sexual Assault (3.7%) and Class X Manufacture or Delivery of a Controlled Substance (2.1%). The number of sentences for Other Class X offenses decreased by 7.0% during 2004, by and large for Aggravated Vehicular Hijacking and Aggravated Battery with a Firearm, which had shown increases in 2003.
Average sentences for most of the featured Class X offenses increased in 2004. Sentences for Predatory Criminal Sexual Assault of a Child escalated by an average of one year from 2003, while sentences for Attempted First Degree Murder/Attempted Murder rose by 0.6 years. Fluctuating sentence lengths throughout the last decade for Class X Manufacture or Delivery of a Controlled Substance settled at a 9.0-year average, a slight increase over 2003. The mean sentence for Aggravated Criminal Sexual Assault dropped for the second year in a row, falling by more than 2.0 years since 2002. A minimal decline was seen in the average sentence for Armed Robbery. The average sentence for the Other Class X offenses exceeded 11.0 years for the first time since 1998.
Only 166 Attempted First Degree Murder/Attempted Murder sentences were handed down in 2004, a 57.4% reduction from six years earlier. This decline may be compensated by the rise in the number of other violent Class X felonies, which include Aggravated Battery with a Firearm and Aggravated Battery of a Child. In addition, the decreasing volume of Aggravated Criminal Sexual Assault sentences is counteracted by the use of the Class X offense of Predatory Criminal Sexual Assault of a Child, which took effect in 1996 and has averaged 218 sentences each year since 1998.
Although the number of sentences imposed for a relatively new Class 1 offense, Aggravated Robbery, has descended over the past two years, the volume of sentences has escalated by nearly 50% since prison sentences were first imposed during 1995. An average of 327 sentences has been handed down for Aggravated Robbery throughout the past three years. The mean sentence for Aggravated Robbery fell by six months in 2004 after rising by six months one year earlier.
After experiencing declines over the past few years, the number of sentences imposed for two Class 1 drug offenses, Delivery of Controlled Substances to a Person under 18 or in Specified Places and Manufacture or Delivery of a Controlled Substance, increased in 2004. From 1998 through 2003, sentences for Delivery of Controlled Substances to a Person under 18 or in Specified Places had fallen by 64.0%; in the past year, the volume of these sentences went up by 7.6%. The number of sentences for Manufacture or Delivery of a Controlled Substance had experienced a reduction of 22.4% from 1998 to 2003, but grew by 11.7% in 2004. Despite overall declines throughout the past ten years, average sentences for both drug offenses have risen slowly over this time period. The volume of sentences imposed for Class 1 Possession of a Controlled Substance, however, has been rising since 1998, reaching 400 sentences imposed during 2004. Average sentences, however, were lower than during the late 1990s.
The number of annual Residential Burglary sentences has been fluctuating throughout the past ten years. After increasing by 23.1% in 2002, they have descended by 276 sentences over the past two years, a 24.0% decline. Mean sentences for this Class 1 property offense, however, have remained consistent since 2002. Other Class 1 offenses increased by only 1.3% in 2004. The most sizable increases were for Criminal Sexual Assault and Manufacture or Delivery of Cannabis. Only a few Other Class 1 sentences fell in 2004, most notably Aggravated Discharge of a Firearm. Sentence lengths for Other Class 1 offenses fell by four months, on average, during 2004, after experiencing increases over the past two years.
Class 2 offenses consist of a variety of violent, property and drug offenses. Among the violent offenses, the number of sentences imposed for Aggravated Criminal Sexual Abuse increased for the fifth straight year, rising by 6.2% during 2004, and by 28.1% since 1999. Sentencing data are also available for two of the most recent violent offenses written into law, effective on April 13, 2000 - Aggravated Unlawful Use of a Weapon and Aggravated Unlawful Use of a Weapon by a Felon. After reaching 462 sentences in 2002, the volume has dropped over the past two years, falling 16.5%. However, the average sentence reached 4.0 years during 2004, the highest annual average to date.
The number of Burglary sentences imposed each year has been fluctuating since 1999. After decreasing by 8.6% in 2003, Burglary sentences rose by 0.9% in 2004. They have fallen by 20.4% since 1995. The number of Motor Vehicle Theft sentences has also declined throughout the past ten years, dropping by 11.3% since 2002 and 29.0% since 1995. Average sentences imposed for these two property offenses have remained fairly consistent over time.
Sentences for Robbery have shown a steady decline over the past decade, dropping another 8.8% in 2004. The volume of Robbery sentences have decreased by 52.3% since 1995. As noted earlier, this decline is balanced by the use of the Class 1 offense of Aggravated Robbery since 1995. Average sentences for Class 2 Robbery did increase in 2004 to pre-2000 levels.
The most notable decline over the past ten years among Class 2 felonies occurred for Manufacture or Delivery of a Controlled Substance. Despite a minimal increase in 2004, these sentences have decreased by nearly 40% from 1995. Average sentence lengths for this Class 2 drug crime have fluctuated between 3.8 and 4.0 years since 1995.
The number of sentences imposed for Other Class 2 felonies jumped by another 16.0% during 2004, rising for the fourth consecutive year. Most of the latest increase is attributed to Class 2 Unlawful Use of a Weapon by a Felon, which has risen fourfold since 2002. This enhancement has resulted from a statutory change that took place during 2000 that increased the penalty from a Class 3 to a Class 2 felony if the offender had previous convictions for selected offenses or was on parole or Mandatory Supervised Release at the time of the commission of the offense. Few Other Class 2 offenses experienced declines in 2004. The average sentence length for Other Class 2 felonies has gone down over the past two years.
The most common Class 3 felonies experienced decreases in the volume of sentences imposed during 2004. The largest decreases were for the violent offenses of Unlawful Use of a Weapon/ Unlawful Use of a Weapon by a Felon (-11.3%), and Aggravated Battery (-6.9%). The number of sentences imposed for the Class 3 weapons offenses has declined by 63.5% since 1995, mainly due to increased sentences imposed for the recently enacted Class 2 offenses of Aggravated Unlawful Use of a Weapon, Aggravated Unlawful Use of a Weapon by a Felon, and Unlawful Use of a Weapon. The number of Aggravated Battery sentences has, in fact, increased by 28.3% since 1995.
Minimal decreases were seen for Forgery (-1.4%), Theft (-1.0%), and Retail Theft (-0.6%). Since 1995, sentences for Retail Theft have risen by 71.3% while Theft sentences have fallen by 5.2%. Forgery sentences have climbed steadily the past ten years. The average sentence lengths for the featured Class 3 offenses remained consistent with those imposed over the last six years.
The volume of sentences imposed for the Other Class 3 offenses increased by 3.4% in 2004, particularly Attempted Burglary; Driving while under the Influence of Alcohol or other Drugs for a Third or Subsequent time during a period in which Driving Privileges were Revoked or Suspended; Manufacture or Delivery of a Controlled, Counterfeit or Look-Alike Substance; Manufacture or Delivery of a Controlled Substance; and Child Pornography. The most noteworthy decreases among Other Class 3 offenses took place for Possession of a Counterfeit Credit Card, Failure to Report to a Penal Institution or to Report for Periodic Imprisonment, and Delivery of Cannabis Near a School. There was a small increase in the average sentence imposed in 2004 for Other Class 3 offenses.
Many of the Class 4 offenses presented in Table 24 have undergone significant increases in the volume of sentences imposed over the past ten years. The largest increases in sentences imposed took place for Domestic Battery and Prostitution, each of which has risen almost tenfold since 1995. Domestic Battery became a Class 4 felony on July 1, 1990; Class 4 penalties for a second conviction for prostitution or conviction for prostitution near a school were enacted in 2000. In addition, sentences for Violation of the Sex Offender Registration Act have increased steadily since becoming effective during 1996. Average sentences have remained constant for Domestic Battery and Violation of the Sex Offender Registration Act, but Prostitution sentences have fallen from an average of 2.0 years in 1995 to 1.2 years in 2004.
Sentences for Driving while under the Influence/Driving with a Suspended License have more than tripled since 1995, jumping another 9.1% from 2003. This was due to some changes in the statutes, including lowering the blood alcohol concentration in a person’s blood or breath from 0.10 to 0.08, which took effect on July 2, 1997. The average sentence, however, fell to its lowest level during 2004.
Also experiencing increases in the quantity of sentences imposed during 2004 were the Class 4 property offenses of Theft and Retail Theft; each increased by over five percent during 2004. In fact, Class 4 Retail Theft sentences have more than doubled since 1995. Average sentences for Retail Theft have been declining steadily over the past decade while mean sentences for Theft have had minor variations year to year. A similar pattern is seen for Obstructing Justice, with a steady rise in the number of sentences imposed each year with a slight decline in the average sentence.
The number of sentences imposed for the most prevalent offense, Class 4 Possession of a Controlled Substance, reached 8,100 during 2004, its highest amount to date. These sentences have risen 45.9% since 1995, 4.8% in the last year alone. Sentences handed down since 2000 have averaged 1.7 years, lower than most other Class 4 felonies.
The number of Other Class 4 offenses increased by another 4.1% in 2004, reaching 2,727 sentences. The number of these sentences has increased by over 145.9% since 1995. The most significant increases from 2003 to 2004 were for Aggravated Fleeing from Police, Manufacture or Delivery of Cannabis, Violation of an Order of Protection, and Possession of a False Identification Card.
There was a noteworthy increase in the number of sentences imposed for one other Class 4 felony, Transporting Anhydrous Ammonia, which became law on January 1, 2001 to address the problems associated with illegal methamphetamine production. There were another 131 sentences handed down in 2004 with an average sentence of 2.1 years.
Decreases were seen among the Class 4 offenses of Aggravated Unlawful Use of a Weapon, Possession of Cannabis, Deceptive Practices, Criminal Damage to Property, Mob Action, and Possession of Burglary Tools. The mean sentence length for Other Class 4 felonies returned to 1.8 years during 2004 after increasing to 1.9 years during 2003.
Indeterminate Sentences Imposed
During 2004, there were two indeterminate sentences imposed for one inmate sentenced for Attempted Murder and Aggravated Battery, crimes that took place before February 1978. The minimum sentence averaged 4.0 years while the maximum sentence averaged 12.0 years. There have been six indeterminate sentences imposed since 2002.
Cumulative Average Sentence Imposed: Indeterminate and Determinate Cases
Since 1978, 630,746 determinate prison sentences have been imposed in Illinois, averaging 4.7 years. These have consisted mostly of Class 2, Class 3, and Class 4 sentences (74.2%). Over this same time period, a total of 4,556 indeterminate prison sentences have been imposed for offenses committed before February 1, 1978. Average minimum and maximum indeterminate sentences for Murder were considerably higher than those for determinate sentences. For the other offense classes, however, mean determinate sentences have been between the average minimum and the average maximum sentences for indeterminate cases.
Sentences Imposed: Less Than Minimum and Extended Sentences
As Table 27 indicates, there were 40,485 Murder, Class X, Class 1, Class 2, Class 3, and Class 4 determinate sentences imposed during 2004, of which 532 (1.3%) were less than the minimum sentences that have been outlined by statute (see Appendix B). A majority (96.2%) of the sentences imposed that were less than the minimum were Class 1, Class 2, and Class 3 offenses, consisting mainly of manufacture/delivery-related drug crimes and property offenses (Table 28). Over 82% of sentences less than the minimum represented the holding offense at admission. The rest were imposed along with an offense or other offenses that were designated as the holding offense.
Table 27 also shows that extended terms were impose given among 5.5% of the determinate sentences that were handed down in 2004. These sentences are imposed for crimes with heinous or aggravating circumstances. Extended terms were used in all classes of offenses, but 90.4% were for Class 2, Class 3, and Class 4 sentences. Seven percent of First Degree Murder and Murder sentences were extended beyond their maximums, but 2.2% of Class X sentences were longer than 30 years. Overall, 60.7% of these sentences were the holding offense at admission.
Extended sentences have been handed down for crimes against another person, especially Second Degree Murder, Robbery, Aggravated Criminal Sexual Abuse, Aggravated Battery, Unlawful Use of a Weapon/Unlawful Use of a Weapon by a Felon, and Domestic Battery (Table 29). There also have been a variety of property crimes (including Residential Burglary, Burglary, Motor Vehicle Theft, Forgery, Theft, and Retail Theft) and some drug offenses (mostly Class 2 Manufacture or Delivery of a Controlled Substance and Class 4 Possession of a Controlled Substance) in which extended sentences were used during 2004. Extended sentences were also imposed for Class 4 driving-related offenses, including Driving with a Suspended License, Driving while under the Influence of Alcohol or other Drugs, Aggravated Driving while under the Influence of Alcohol or other Drugs, and Aggravated Fleeing from Police.
Consecutive Sentences
Table 30 represents consecutive holding sentences imposed over the last ten years. The volume of consecutive sentences reported since 1996 have been significantly lower than in previous years due to a change in the process in which consecutive sentences are calculated in the Offender Tracking System. For that reason, consecutive sentence data should not be used to make any inferences without further input from IDOC.
Class X offenses constitute nearly half of the 169 consecutive sentences handed down during 2004. There were 79 consecutive sentences imposed on Class X offenses in 2004, with their sentence lengths nearly doubled due to this extra time. There were 48 First Degree Murder sentences with an additional sentence imposed during 2004, which added over 15 years on average to these sentences. Only 42 consecutive sentences were handed down in 2004 for the lower Class 1, Class 2, Class 3 and Class 4 offenses. Average sentences nearly doubled for the offenders receiving consecutive Class 2, Class 3 and Class 4 sentences.
Drug Sentences Imposed
A contributing factor to prison population growth has been linked to the acceleration in sentences imposed for drug offenses. In view of that, as the prison population has shown some fluctuations over the past few years, so has the number of drug sentences imposed in Illinois. After declining in 1999 and 2000, the number of drug sentences imposed has increased since 2001. Falling by less than one percent in 2003, drug sentences imposed grew by 5.4% during 2004. As a whole, however, there has been a 16.8% increase in the number of sentences handed down across the state from 1995 through 2004.
Trends in Cook County greatly affect statewide frequencies for drug offenses, as evidenced by the fact that almost two-thirds of drug sentences were handed down in Illinois’ most populated county. However, Cook County’s impact has been waning. Although increasing in 2004, the number of sentences for drug crimes handed down in Cook County has actually fallen by 15.3% since its peak in 1998. Alternatively, downstate drug sentences have been increasing steadily since 1995, increasing by 134.8% over this time period, 8.5% in the past year alone.
Changes in the number of prison sentences imposed for Class 4 Possession of a Controlled Substance and Delivery of Controlled Substances to a Person under 18 or in Specified Places offenses have been the basis of these trends. Driving while under the Influence of Alcohol, Other Drug, or Combination of Both (DUI) and Aggravated DUI are also included in this group of drug offenses.
Despite recent increases in the number of felony drug sentences handed down to prison-bound offenders, the average length of drug sentences imposed has been steadily declining in Cook County in recent years, falling to an average of 2.5 years in 2003 and 2004. Downstate, however, mean sentences have fluctuated over the last ten years, remaining below 4.0 since 1999. Statewide, there has been an overall decrease of six months per sentence throughout the last ten years, although the statewide average increased moderately during 2004.
Drug Offense Admissions
Over 75% of drug offense sentences resulted in a holding offense at admission to prison. The total number of drug crime admissions got to 12,055 in 2004, growing 25.8% over the past four years. Average sentences, however, remain lower than in previous years. Statewide, 52.7% of drug admissions were for Class 4 Possession of a Controlled Substance, and 22.1% were for Class 1 and Class 2 Manufacture or Delivery of a Controlled Substance. Nearly two-thirds of holding drug sentences were imposed in Cook County. The number of downstate admissions for drug offenses has been rising steadily; however, they increased by another 7.6% during 2004. The average downstate sentence is 1.5 years longer than cases from Cook County.
Most Frequent Sentences Imposed
The offense for which sentences were imposed most frequently during 2004 was, again, Class 4 Possession of a Controlled Substance (Table 33). The 8,613 sentences comprised 21.2% of all sentences imposed throughout 2004, and resulted in 6,354 prison admissions. Burglary ranked second, followed by Class 2 Manufacture or Delivery of a Controlled Substance. Class 4 Retail Theft and Aggravated Battery rounded out the top five.
Each of the next four most frequent offenses - Class 1 Manufacture or Delivery of a Controlled Substance, Class 4 Driving with a Suspended License, Class 3 Retail Theft, and Forgery - exceeded 1,000 sentences in 2004. The top ten offenses comprised 55.5% of all sentences imposed in 2004. The remaining 15 offenses in this table totaled 8,200 and comprised another 20.2% of all sentences imposed during 2004.
Multiple sentences can be imposed on the same offender. Inmate-based prison admissions are also reported in Table 33 when the 25 most common offenses with prison sentences imposed transpired as the holding offense.
Truth in Sentencing Admissions
Table 34 provides data regarding 1,171 offenders admitted to prison during 2004 under the Truth in Sentencing statute. Of these, 330 Truth in Sentencing admissions were for First Degree Murder. The sentence length for these inmates averaged 39.4 years; they will serve 100% of that sentence.
Among the offenses where the 733 offenders must serve 85% of their prison sentence, Class X Predatory Criminal Sexual Assault of a Child was most prevalent, accounting for 204 cases. The average sentence was 12.6 years. There were additional admissions for other Class X offenses, including 117 for Attempted First Degree Murder, 80 for Aggravated Battery with a Firearm, and 77 for Aggravated Criminal Sexual Assault. Six more Class X offenses also required Truth in Sentencing during 2004, including Aggravated Battery of a Child and Aggravated Kidnapping. Among the 167 Class 1 offenses, the majority was for Criminal Sexual Assault; Class 1 sentences averaged 6.3 years. There were also eight admissions for the Class 2 offense of Aggravated Battery of a Senior Citizen, averaging 4.1 years.
Forty-five of the 2004 admissions were for sentences imposed under the 85% Great Bodily Harm statute, averaging 16.2 years. These admissions were for the Class X offenses of Armed Robbery, Home Invasion, Aggravated Vehicular Hijacking, and Armed Violence. There was also one admission for Class 1 Aggravated Discharge of a Firearm.
Forty-one inmates were admitted to IDOC for committing an offense for which the sentencing judge determined that circumstances of Reckless Homicide while under the influence of alcohol or any other drugs warranted that the inmates serve 85% of their sentence. Their average sentence was 7.0 years.
Finally, 22 inmates were admitted throughout 2004 for committing Aggravated Arson, for which the sentencing judge determined that 85% of the sentence would be served. Their average sentence was 10.1 years.
Figure 25
Figure 26
Mean Sentences Imposed in Years by Judicial Circuit, Judicial District, and Region
Variations in the sentencing patterns among the judicial circuits, judicial districts, and regions in Illinois have remained consistent throughout the past decade. These data are available for selected offenses in Tables 36 through 70.
The mean sentences for First Degree Murder and Murder ranged from 25.1 years to 50.0 years within the judicial circuits. Cook County accounted for 74.7% of the sentences imposed, and had an average sentence that was comparable to that in the downstate region. The highest average sentence imposed was in the Central Judicial District (41.6 years); the Southern District had the lowest average sentence (33.0 years). None of the 21 downstate circuits had more than 11 Murder and First Degree Murder sentences imposed during 2004; but, except for two circuits, each had at least one murder sentence imposed during 2004.
Cook County turned in 58.9% of the Class X prison sentences during 2004. Cook County imposed nearly 64% of the Aggravated Criminal Sexual Assault sentences, but had an average sentence six months shorter than the rest of the state. Only one other circuit, the 17th, handed down more than five sentences for this sex offense; seven circuits imposed none. The Northern and Southern Districts had the highest average sentences, exceeding 15 years, while the North Central District had the lowest average sentence (10.8 years).
Cook County imposed nearly 75% of the Armed Robbery sentences in 2004. In addition, along with the two other northern Illinois judicial districts, Cook County had the lowest average sentence for Armed Robbery. Among circuits, average sentences ranged from 8.0 years (9th Circuit) to 20.0 years (13th Circuit). Only 15 of the 22 judicial circuits handed down sentences for Attempted First Degree Murder and/or Attempted Murder during 2004; only 31 sentences were handed down outside of Cook County. There were a wide range of Attempted Murder and Attempted First Degree Murder sentences among both the circuits and districts, with Cook County among the lowest.
Conversely, Cook County imposed less than one-third of the sentences for Class X Manufacture or Delivery of a Controlled Substance during 2004; the Northern District handed down 25.1% of these most serious drug offenses. Sentences were higher downstate, particularly in the Central District, which includes the 6th and 8th Judicial Circuits. The downstate circuits imposed nearly 60% of the sentences for Predatory Criminal Sexual Assault of a Child. Sentences were lowest in the Northern and North Central Districts, including the 12th , 16th and 21st Judicial Circuits, and highest in the Central and Southern Districts, chiefly in the 1st, 2nd, 5th, and 11th Circuits.
Downstate circuits had a relatively high percentage of Other Class X sentences imposed (40.8%), with 43.8% of these for Home Invasion and Delivery of Controlled Substances to a Person under 18 or in Specified Places. Cook County also had a high degree of sentences imposed for Home Invasion, and also had a large percentage of sentences handed down for Aggravated Vehicular Hijacking and Aggravated Battery with a Firearm. Other Class X sentences ranged from an average of 8.3 years in the 15th Judicial Circuit to 17.8 years in the 20th Circuit, and were highest in the Southern and Central Districts. The mean sentence in Cook County was six months lower than the downstate average.
Downstate counties imposed a relatively high percentage of Aggravated Robbery sentences in 2004 (39.0%). Over 42% of the downstate sentences were imposed in the 3rd, 10th and 19th Circuits, having among the highest sentences as well. Among circuits, prison sentences ranged from a low of 5.0 years to a high of 8.5 years. Among districts, Cook County had the lowest average sentence (6.3 years) for Aggravated Robbery while the Southern District imposed the highest sentences. Only 17 of the 22 circuits handed down sentences for Class 1 Delivery of Controlled Substances to a Person under 18 or in Specified Places; however, 45.0% of these sentences were imposed in downstate circuits, which is a higher proportion than in previous years. There were 50 such sentences handed down in the 7th Judicial Circuit in Central Illinois, and it had the highest average sentence (7.5 years). Cook County had the lowest sentences when compared to other judicial districts; the average prison sentence in Cook County was one year less than in the downstate region.
For Class 1 Manufacture or Delivery of a Controlled Substance, downstate circuits handed down 60.7% of the sentences in 2004, and Cook County imposed some of the lowest sentences throughout the State. The Central District, particularly the 6th and 11th Judicial Circuits, had the highest sentences. A similar pattern is seen for Class 1 Possession of a Controlled Substance. Downstate circuits handed down just over half of the prison sentences and Cook County had the lowest average sentence among judicial districts. The Northern and North Central Judicial Districts had some of the highest sentences.
Downstate circuits also accounted for 61.5% of all Residential Burglary sentences imposed in 2004, particularly in the Northern and North Central Districts. Along with these two districts, Cook County had the highest sentences. The Southern District, particularly the 4th and 20th Judicial Circuits, imposed the lowest sentences. Among the Other Class 1 offenses, just over half (50.2%) of the prison sentences were imposed in Cook County, the majority of which were for Aggravated Discharge of a Firearm, Attempted Armed Robbery, Criminal Sexual Assault, Robbery of a Senior Citizen, and Possession of a Stolen Vehicle. Criminal Sexual Assault and Aggravated Discharge of a Firearm were the predominant Other Class 1 offenses imposed downstate. Average sentences ranged from 4.6 years in the 9th Judicial Circuit to 9.7 years in the 8th Circuit, and were highest in the Central District. The Cook County average sentence was comparable to the downstate mean.
For Class 2, Class 3, and Class 4 offenses, the average prison sentences imposed among circuits, districts, and regions are historically lower due to limited sentencing ranges.
Among Class 2 offenses, 74.4% of the Aggravated Criminal Sexual Abuse sentences were imposed downstate during 2004. Sentences averaged below 4.0 years in the 10th, 12th and 20th Judicial Circuits while the sentences were above 4.0 years in the 2nd and 6th Circuits. Average sentences among the judicial districts were relatively consistent throughout the State, with Cook County having a mean sentence of 4.4 years. Cases for Aggravated Unlawful Use of a Weapon and Aggravated Unlawful Use of a Weapon by a Felon were seen almost exclusively in Cook County. Only 8.0% of these sentences were imposed downstate, with only one imposed in the Central District. There were none of these Class 2 weapons sentences imposed in 12 of the 22 circuits. Sentences were highest in the Northern and North Central Districts; the average sentence from Cook County was 4.0 years.
Downstate circuits imposed 59.1% of the Burglary sentences in 2004. Average Burglary sentences were rather uniformly distributed among the districts and most of the downstate circuits, and were highest in Cook County. For Class 2 Manufacture or Delivery of a Controlled Substance, 61.0% of the sentences came from Cook County, although their sentence lengths were among the shortest in the State. Sentences were highest in the Northern and North Central Districts, especially in the 8th , 10th , 11th , and 12th Judicial Circuits. Nearly 60% of the Motor Vehicle Theft sentences were imposed in Cook County. Average sentences ranged from 3.3 years in the 9th Judicial Circuit to 5.5 years in the 5th Circuit. Average sentences were similar in Cook County and the downstate districts. Nearly two-thirds of the Robbery sentences were imposed in Cook County, which had an average sentence comparable to those in the other areas of the State. Robbery sentences were lowest in the 21st Judicial Circuit (3.2 years) and highest in the 1st Circuit, which had one case with a 7.0-year sentence.
Over half (52.3%) of Other Class 2 sentences were imposed downstate during 2004; most of this difference is due to a higher number of prison sentences given for Driving while under the Influence of Alcohol or other Drugs for a Fourth or Subsequent time during a period in which Driving Privileges were Revoked or Suspended, Possession of a Stolen Firearm, and Aggravated Domestic Battery. Cook County imposed a greater proportion of sentences for the Class 2 offenses of Unlawful Use of a Weapon by a Felon. Average sentences were slightly lower in Cook County than in the downstate districts. Amongst the judicial circuits, average sentences ranged from a low of 3.8 years to a high of 5.2 years.
The volume of prison sentences imposed during 2004 was higher downstate for all Class 3 offenses except Retail Theft and Unlawful Use of a Weapon/Unlawful Use of a Weapon by a Felon. Over 63% of the Aggravated Battery sentences were imposed downstate, where average sentences ranged from 2.4 years in the 15th Judicial Circuit to 3.2 years in the 18th Circuit. Average sentences for Aggravated Battery were higher in Cook County than in the other judicial districts. Cook County imposed only 25.3% of the Forgery sentences, had the third lowest average sentence among circuits, and had the lowest average sentence among the districts. Forgery sentences ranged from 2.4 years in the 21st Circuit to 3.5 years in the 2nd Circuit.
Retail Theft was prevalent in Cook County, turning out almost 60% of the sentences. As a matter of fact, there were ten downstate circuits that imposed less than ten Retail Theft sentences throughout 2004, and 55.4% of the downstate sentences were imposed in the Northern District, especially in the 18th and 19th Judicial Circuits. The average Class 3 Retail Theft sentences were lowest in Cook County and the Central Judicial District. On the other hand, nearly 70% of the Class 3 Theft sentences were given out downstate, with a somewhat lower average sentence imposed in Cook County. Theft sentences were as low as 2.4 years in the 9th Judicial Circuit and as high as 3.3 years in the 15th and 16th Circuits.
Cook County provided 58.6% of the prison sentences for Unlawful Use of a Weapon/Unlawful Use of a Weapon by a Felon, but had the lowest average sentence among the districts. The Southern Judicial District imposed over 40% of the downstate sentences, particularly in the 20th Circuit. Prison sentences were highest in the Central District, especially in the 5th and 11th Circuits. Downstate counties handed down 59.5% of the Other Class 3 sentences, and had more sentences imposed for Manufacture or Delivery of Cannabis, Attempted Manufacture or Delivery of a Controlled Substance, Driving while under the Influence of Alcohol or other Drugs for a Third or Subsequent time during a period in which Driving Privileges were Revoked or Suspended, Possession of a Counterfeit Credit Card, and Failure to Report to a Penal Institution. The Class 3 felonies of Attempted Burglary and Delivery of Cannabis in or near a School took place in Cook County more often. Among districts, the Northern and North Central Judicial Districts had the lowest average prison sentence for Other Class 3 offenses while the Central District had the highest mean sentence.
All but 47 of the 392 Class 4 Domestic Battery sentences were imposed in the downstate circuits. Among the judicial circuits, sentences ranged from 1.5 years in the 20th Circuit to 2.3 years in the 1st Circuit, both in the Southern District. Among the judicial districts, Cook County sentences were lowest. Nearly 80% of the Class 4 prison sentences for Driving while under the Influence and Driving with a Suspended License were given out in the downstate region, with about one-third of these being imposed in the Northern District. In addition, average sentences were longer in all of the downstate circuits than in Cook County. All but 13 of the 508 Obstructing Justice sentences imposed during 2004 were from the downstate circuits. Sentences were longer downstate, and ranged from a 1.5-year average in four judicial circuits, including Cook County, to 2.4 years in the 13th Circuit.
During 2004, the majority (76.1%) of the 8,100 Class 4 Possession of a Controlled Substance sentences were imposed in Cook County; in addition, prison sentences in Cook County were among the lowest. The Northern District had the most sentences imposed within the downstate area; sentences were highest in the Southern and Central districts. Possession of a Controlled Substance accounted for 48.7% of all Class 4 prison sentences imposed statewide, and 64.3% of all Class 4 sentences that were handed down in Cook County.
Class 4 Prostitution is another crime that was predominantly used in Cook County. During 2004, nearly 95% of prison sentences for Prostitution were handed down in Cook County, although downstate sentences were higher than those imposed in Cook County. Only seven other circuits turned out prison sentences for Prostitution, and only one of these imposed more than ten. Cook County handed down 67.0% of the Class 4 Retail Theft but only 28.6% of the Class 4 Theft sentences in 2004. Average sentences for these theft offenses were lowest in Cook County and the Southern District, and highest in the Central District. Nearly 62% of the sentences for a Violation of the Sex Offender Registration Act were distributed in Cook County, while 15 of the 21 downstate circuits imposed fewer than ten sentences during 2004. Cook County had the lowest sentence lengths.
More than 62% of the Other Class 4 prison sentences were imposed downstate; offenses included Criminal Trespass to Residence; Credit Card Fraud; Deceptive Practices; Criminal Damage to Property; Tampering with Anhydrous Ammonia Equipment, Containers, and Facilities; Chemical Breakdown of Illicit Controlled Substance; Aggravated Fleeing of the Police; Resisting or Obstructing a Peace Officer or Correctional Institution Employee; Unlawful Restraint; and Violation of an Order of Protection. Most of the sentences for the Class 4 felonies of Manufacture or Delivery of Cannabis, Possession of Cannabis, Aggravated Unlawful Use of a Weapon, and Aggravated Unlawful Use of a Weapon by a Felon were handed down in Cook County. Average sentences for Other Class 4 offenses were shorter in Cook County and highest in the Central District, including the 5th and 11th Judicial Circuits.
Admissions
Throughout most of the previous tables presented in Part III, a case has represented a prison sentence that was imposed by the court. When an offender is sentenced to IDOC for more than one offense, sentence imposed data are reported for each sentence on the mittimus. When examining admission data, however, only one sentence, the one that is associated with the holding offense, is reported. Table 71 provides admission data from 1995 through 2004.
Court admissions include adults admitted to IDOC from criminal court for a felony conviction, and juvenile felons or court commitments transferred from the Juvenile Division to the Adult Division due to their age. Other inmates can be sentenced to life, i.e., natural life imprisonment (730 ILCS 5/5-8-1), to death (720 ILCS 5/9-1), or as a Sexually Dangerous Person (SDP) (725 ILCS 205/8). Technical violations include adults readmitted due to a violation of the Parole or Mandatory Supervised Release Agreement while on MSR or parole (see Appendix B).
The total number of inmates admitted to prison rose by 67.8% from 1995 to 2004, increasing by 42.6% since 1999. Increases over the past four years have been affected by a high volume of technical violations. The number of court admissions rose steadily from 1995 through 1998, fell for two years, and jumped to its highest level during 2004 with 28,611 admissions. However, the average sentence lengths had been steadily declining, with the mean sentences dropping by 1.3 years (24.1%) over the last ten years.
The number of admissions for inmates with a life sentence increased from 1995 through 1998, dropped steadily through 2002, increased again in 2003, but fell to its lowest annual volume in 2004. The number of death sentences imposed each year has been sporadic over the years; there were four persons sentenced to death during 2004. There were six Sexually Dangerous Person (SDP) admissions in 2004; SDP admissions peaked at 21 during in 1999.
The volume of technical violation admissions has been determined by IDOC policies. Following a steady climb from 1995 through 1998, the number of admissions jumped nearly 500% over the next three years. Technical violation admissions then plummeted during 2002, but have been going up over the past two years.
Court Admissions by Offense Class
Table 72 lists court admission data by offense class. In some cases, there will be more admissions than sentences imposed; data in Table 72 include all admissions while sentence imposed data in Table 22 include only sentences within the statutory ranges.
During 2004, there were 366 admissions for inmates with a holding offense of First Degree Murder or Murder. This is a 32.0% decrease from the number of admissions in 1995; however, the 2004 total represents the third annual increase in a row. The average sentences for First Degree Murder and Murder admissions have seen numerous fluctuations over the past decade, with more than a four-year increase (12.3%) over the last two years.
The number of admissions for Class X holding offenses had been declining (-30.7% between 1995 and 2001), then there was a 15.5% increase through 2003. Class X court admissions fell, however, by 12.2% in 2004. The average sentence for Class X felonies rose to and remained at 11.0 years from 1996 to 1998, but it had dropped to 10.2 years by 2003. The average Class X sentence rose by more than seven months in 2004. After rising from 1995 through 1998, the volume of Class 1 admissions descended to its lowest level during 2004. The average Class 1 sentence has increased by almost five months over this ten-year period.
Class 2 and Class 3 admissions experienced a similar pattern, rising through the late 1990’s, dropping for a short time, and then growing again; but in 2004, Class 2 and Class 3 prison admissions declined again. The average Class 2 sentence has been between 4.4 and 4.5 years since 1995. Class 3 sentences had fallen consistently from 3.0 years in 1995 to 2.8 years in 2003, but rose slightly in 2004.
The largest increase over the past ten years has been for Class 4 admissions, constantly rising to an overall increase of nearly 160%. Except for Murder, this offense class showed an increase (8.7%) in the number of admissions from 2003 to 2004. Over half (51.3%) of the Class 4 admissions were for Possession of a Controlled Substance. Sentences for Class 4 admissions fell to their lowest point from 2002 through 2004, averaging 1.8 years.
Court Admissions by Offense Type
Table 73 lists court admission data by offense type. After peaking in 1998, the volume of prison admissions for crimes against a person had declined by 15.8% through 2001. However, admissions for offenses such as homicide, battery, robbery, armed violence, and unlawful use of a weapon had increased by 23.2% through 2003, but dropped by 4.9% in 2004. The average sentence for the inmates admitted for these violent crimes had shown a downward trend through 2003, but increased in 2004. The number of admissions for sex crimes, which include Sexually Dangerous Persons, has nearly doubled during the past ten years, growing another 19.0% in the last year alone. Average sentences for sex offenses experienced a significant decline, however, falling from 9.7 years during its peak year of 1996 to 4.7 years in 2004. Interestingly, median sentences usually show little change over time; however, the median sentence length for sex crimes has dropped by three years throughout the past decade.
The number of prison admissions for property crimes has fluctuated considerably since 1995. Admissions for such crimes as burglary, retail theft, forgery, residential burglary, and motor vehicle theft have jumped by 20.1% since hitting their lowest point during 2001. Average sentences for property offense admissions, however, have descended by more than eight months throughout the past ten years. Admissions for drug crimes rose by 40.0% since 1995, growing 26.0% over the past four years. Drug crimes, consisting mostly of Class 4 Possession of a Controlled Substance, and Class 1 and Class 2 Manufacture or Delivery of a Controlled Substance, remained as the most prevalent offense category, with 42.2% of all admissions during 2004. Like the other offense type categories, average sentences for drug crime admissions have decreased steadily since 1995.
The number of admissions for other types of crime, including Obstructing Justice, Mob Action, Bringing Contraband into a Penal Institution, and a variety of escape-related offenses, had risen steadily from 1995 through 1999, then declined over the next two years but grew by 10.9% in 2004. Average sentences for the remaining admissions had been declining gradually since 1995, but increased during 2004 for the only time throughout the past decade.
