Violent Offenders in State Prison: Sentences and Time Served--State Inmates, 1992-94 Selected Findings Number 6 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics (The full text of this report, with tables and questionnaire included, is available from the Bureau of Justice Statistics Clearinghouse, 800-732-3277.) July 1995, NCJ-154632 By Allen J. Beck, Ph.D. Lawrence A. Greenfeld BJS Statisticians In partnership with State departments of corrections, the Bureau of Justice Statistics (BJS) collected information on sentences and time served by violent offenders in State prison. For 1992, 1993, and 1994, 49 States and the District of Columbia provided information on violent offenders who were admitted to or released from prison. In April 1995, BJS published "Prison Sentences and Time Served for Violence," which discussed truth in sentencing and the hypothetical impact of increasing the percentage of sentence served. Data sources in this report differ from those in the previous report: * State-by-State tabulations appear for the first time in this report. * BJS received totals and averages, not individual records, from States. * State definitions of violent offenders, rather than standard BJS definitions, were used in this report. Correctional authorities provided the number of violent offenders admitted or released, the average total maximum sentence, the average minimum time to be served by incoming prisoners, and the average time served in prison and jail by released prisoners. This information allows the calculation of percent of sentence served or to be served--measures of the correspondence between sentence length and time served. * * * From a previous BJS report-- "Prison Sentences and Time Served for Violence" Since the mid-1970's, legislatures around the Nation have sought to reduce discretion in both the sentencing process and the determination of when the conditions of a sentence have been satisfied. Determinate sentencing, use of mandatory minimums, and guidelines-based sentencing are illustrations of approaches that limit discretion and increase the predictability of penalties. A majority of State prisoners today serve presumptive sentences--90% of State inmates can estimate their probable release date, and their discharge from prison is less likely than in the past to be determined by a parole board decision. In 1977, 72% of those released from State prisons had served an indeterminate sentence, and a parole board decided their release. In 1992, by contrast, less than 40% of prison releases were determined by a parole board. Interest in truth-in-sentencing reflects continued attention to discretion and to the relation between sentences and time served. Truth-in-sentencing is generally meant to describe a close correspondence between the sentence imposed upon those sent to prison and the time actually served prior to prison release. The report was based on BJS definitions of violent offenders and individual level records or interviews. Data drawn from the annual National Corrections Reporting Program revealed that released violent offenders had served about half their sentence in confinement and admitted violent offenders were expected to serve about 60% of their sentence before release. Data from a national survey of State inmates indicated that violent prisoners believed that they would serve nearly 50% of their sentence. * * * Though nearly all States (and the District of Columbia) participated in this special data collection, for many jurisdictions the requisite information was unavailable. Just over half the participating jurisdictions provided sufficient data in each year to calculate the percentage of sentence to be served by violent offenders entering prison. Nearly 8 in 10 participating jurisdictions reported data on average sentence length and time served for violent offenders released from prison. In these jurisdictions the percentage of sentence served could be calculated. Number of jurisdictions-- ---------------------------------- With sufficient data to calculate percent of sentence served Total --------------------- Year participating Admissions Releases -------------------------------------------- 1992 46 27 39 1993 48 27 40 1994 49 28 40 -------------------------------------------- Percent of sentence to be served, as estimated from prison admissions Data collected from the States for 1992 to 1994 total over a quarter million violent offenders admitted to prison from sentencing courts (table 1)(Violent crimes are those offenses under State law which involve force or the threat of force. See Methodology.) The number of violent offenders admitted in 1994 ranged from more than 10,300 in California to less than 100 in Wyoming and Vermont. The States with the largest prison populations in 1994--California, Texas, New York, Florida, and Ohio--all reported average sentences for violent offenders entering prison. But only New York and Ohio could provide sufficient data to estimate an expected length of stay prior to release (table 2). Furthermore, half of the 10 largest State prison systems did not provide information needed to calculate the percent of sentence to be served (The 10 largest prison systems in 1994, accounting for about 60% of State prisoners, were California, Texas, New York, Florida, Ohio, Michigan, Illinois, Georgia, Pennsylvania, and Virginia.) Based on admissions data for 1992 to 1994, violent State prisoners had an average sentence of about 10 years and were expected to serve slightly less than 5 years on average. Overall, the percentage of sentence to be served rose from 44% to 48% between 1992 and 1994. In each year the percentage varied substantially across the States. Percent of sentence served, as estimated from prison releases A total of 40 jurisdictions reported in all 3 years both the average sentence and the time served for released violent offenders (table 3). Most States also included in the average time served any credit for time spent in a local jail before trial or after conviction. Among released prisoners the average sentence for a violent crime was about 8 years, and the average time served was about 3 1/2 years, or just under half of their total maximum sentence. The percent of sentence served by released violent offenders varied widely among reporting jurisdictions and within some jurisdictions over the 3 -year period. These variations may reflect a differing mix of the type of violent offenders being released, unique jurisdictional sentencing practices, and evolving release policies. Without an accounting of these factors, State-to- State comparisons are likely to be misleading. Prisoners expect to serve about half their sentence A 1991 BJS survey of inmates in State prisons indicated that prisoners also believe that they are likely to serve just under half of the sentence they received. For each of the violent offenses, prisoners reported: Type of Average Expected time Percent offense sentence to serve of sentence ------------------------------------------------------- All violent 216 months 100 months 46% Murder 381 178 47 Manslaughter 185 81 44 Sexual assault 211 95 45 Robbery 200 82 41 Assault 158 68 43 ------------------------------------------------------- 7 in 10 prisoners with a life sentence expect to be released For calculation of average sentence length and percent of sentence served, prisoners sentenced to life in prison or to death were excluded. Such offenders account for about 6% of violent offenders admitted to State prisons each year. In 1992 an estimated 5,700 violent offenders were admitted with a life or death sentence. In the 1991 survey, about 1 in 6 State prisoners serving time for a violent offense had received a sentence to life in prison or to death. About 74% of them had been convicted of homicide; 9% convicted of rape or sexual assault; 9%, of robbery; 4%, kidnaping; and 4%, assault. Among prisoners with a life sentence-- * 69% reported that they expected to be released * 18% reported that they did not know if or when they would be released * 13% reported that they would never be released. Based on this survey information, an estimated 2% to 5% of violent offenders would never be released from prison and contribute to the calculation of time served. Methodology The National Corrections Reporting Program (NCRP) was initiated in 1983 and annually collects individual-level data on all persons admitted to and released from State and Federal prisons. In 1992, 38 States and the District of Columbia reported 431,279 admissions to the program, representing an estimated 93% of all admissions to State prisons nationwide that year. Release data for 1992 were provided by 36 States, totalling 347,854 releases, or an estimated 86% of all releases from State prisons. For this report, to update the estimates of both sentence length and time served for violent offenses and to provide jurisdiction-level estimates, BJS contacted each State corrections agency. NCRP participants were asked to verify estimates made from 1992 data and to provide similar estimates for 1993 and 1994. States not participating in the NCRP were asked to generate estimates of average sentences and time served for all 3 years. Forty-nine States and the District of Columbia provided data. BJS provided all tables presenting State-level information to each State corrections agency for verification. Limitations For violent offenders admitted to prison, the minimum time to be served before becoming eligible for release is projected, not actual, time. These estimates from prison records take into account good-time provisions, early release practices, parole policies, and other factors that affect time served. These estimates may turn out to be higher or lower than the actual time served when these prisoners are eventually released. For violent offenders released from prison, the average sentence and time served reflect the experience of persons actually released for the first time on the current sentence. These figures exclude offenders who-- * had violated the conditions of their release and who had been returned to prison * were given a sentence that cannot be included in an average, such as life, life without parole, or death. * would never get out of prison (those who die in prison). The sentences and time served statistics based on release data reflect sentences and correctional practices in the past. Because less serious offenders typically receive shorter sentences and serve less time, they will comprise a larger percentage of prisoners released than prisoners admitted during a year. For example, those convicted of homicide accounted for 4.2% of admissions in 1992 but 2.6% of those released from prison that year. Definitions and coverage Jurisdictions were provided with the following definitions and instructions for coverage: Sentenced prisoners--Report data for prisoners with a total maximum sentence of more than 1 year. New court commitments--Persons entering prison directly from court and not from any unsuccessful period of community supervision. First releases--Persons released for the first time on the current sentence. Excludes persons who had previously been released for the same offense, returned to prison and then released again. 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 involving confrontational force or threat of force. Total maximum sentence length--The total maximum term of incarceration including all consecutive sentences. Minimum time to be served--The shortest time that each admitted prisoner is expected to serve prior to the first release. Explanatory notes by jurisdiction Jurisdictions were instructed to provide estimates when exact numbers were not available. Jurisdictions were also asked to provide an explanation when their definitions or coverage differed from those used in the NCRP. The following jurisdiction notes summarize these differences. Most States used their own definition of violent offenses. The list below presents only the exceptions to the NCRP definition of violent offenses. If not noted, the State definition of violent offenses matched the NCRP categories. (See Definitions and coverage.) Alabama New court commitments and first releases: Include all admissions and releases. Alaska All data were estimated. Connecticut Minimum time to be served and time served in prison and jail: Offenders serve 50% or more of the maximum sentence if the sentence is greater than 24 months. Colorado All data were estimated. Violent offenses: Exclude simple robbery. Florida Violent offenses: Include murder, manslaughter, sexual battery, lewd acts on children, robbery, aggravated assault, and aggravated battery. Minimum time to be served: Cannot be accurately calculated, due to Florida's early release process and various gain-time. Recent changes in gain-time laws and the elimination of early release will make this evaluation possible for future prison admissions. Hawaii All data are estimates. Excludes inmates with missing charge information. Maximum sentence: Should be considered as estimates since between a third and a half of admissions and release records had missing or incorrect data. Time served in prison and jail: Includes jail time only for releases who were continuously incarcerated from the date of admission as pretrial felons until their date of release from prison. Illinois Minimum time to be served: All data were estimated. Indiana Violent offenses: Include arson (class A), customer product tampering (class B), obstructing traffic (class D), and resisting law enforcement (class C and D). New court commitments: Number of admissions was estimated for 1993 and 1994. Iowa 1992 data were based on a BJS analysis of State data in NCRP. First releases: Data for 1993 and 1994 were estimated based on release samples. Maximum sentence length: Data are for the "lead" offense only. Kansas All figures pertain to offenders whose admission or release was governed solely by determinate sentences (that is, sentenced only for offenses committed on or after July 1, 1993, the effective date of the Sentencing Guidelines Act). All offenders with active "old law" sentences, as well as those with both "new" and "old" law sentences, have been excluded. Minimum time to be served: The current law provides for a maximum of 20% good time, leaving a minimum of 80% of the sentence to be served. First releases: Relatively few violent offenders with only determinate sentences have been released since the enactment of the Sentencing Guidelines Act. Kentucky Violent offenses: Exclude sex offenses. Louisiana Violent offenses: Include aggravated arson, aggravated criminal damage to property, intentional exposure of AIDS, and mingling of harmful substances. Exclude attempts and conspiracies to commit violent offenses. Maryland First releases: Include only parolees, mandatory releases to supervision, expirations of sentence, and commutations. Releases do not necessarily represent first releases. Logic was used to exclude offenders whose stay time was greater than or equal to their total sentence length. Massachusetts All data were estimated. Michigan Violent offenses: Include arson. First releases: 1994 data were based on a sample of prisoners with first release or discharge in the 4th quarter, 1994, and extrapolated to the full year. Minnesota All data were estimated. Good time was eliminated for inmates sentenced for crimes committed after August 1, 1993. The sentencing court now is required to pronounce a term of imprisonment, 100 percent of which must be served by the inmate. The term of imprisonment cannot be shortened but may be increased as a result of disciplinary infractions during incarceration. Missouri Violent offenses: Include family offenses and weapons offenses. New court commitments and first releases: Exclude shock cases released to probation after 120 days. Montana Data are for fiscal years. New Mexico Data are for fiscal years. Violent offenses: Include bringing contraband into prison, escape, dangerous use of explosives, weapons possession, and sexual exploitation. New York Violent offenses: All data pertain to violent felony offenders as defined by New York State Penal Law. Include first and second degree arson and weapons offenses. Exclude manslaughter (2nd), other homicide, robbery (3rd), attempted assault (2nd), and coercive sex offenses other than rape (1st), sodomy (1st) and sexual abuse (1st). Minimum time to be served and time served in prison and jail: Include inmates with sentences of life or death. North Carolina Data on admissions and releases were estimated. Violent offenses: Include felonies only--misdemeanors are excluded. Violent offenses include arson, burning of property, incest, possession of weapon by inmate, riot and civil disorder, failure to disperse, looting, violation of emergency ordinance, and repeat felon with a deadly weapon. First releases: General statutes impose a "cap" on the prison population. If a population emergency is declared, the Parole Commission must accelerate paroles to reduce population. During 1994 the Parole Commission slowed down the release of violent offenders as additional space became available. Minimum time to be served and time served in prison and jail: For inmates with crimes prior to October 1994, North Carolina law grants day-for-day good-time credit; therefore, inmates usually serve 50% or less of their sentence. Inmates with crimes after October 1994 will serve 100% of their minimum sentences. They may also serve an additional 20% of their minimum sentence, if they violate prison rules. North Dakota Minimum time to be served: All data were estimated. Oregon Sentencing guidelines apply to convicted offenders who committed their crimes after November 1, 1989. These offenders must serve at least 80 percent of their sentence. Prior to the adoption of guidelines, the date of release was determined by a parole board. During the 1992-94 period most new commitments of violent offenders were guideline cases and most releases were pre-guideline cases. As the size of the guidelines portion of the first release group increases, the effect will be a rising length of time actually served and a declining maximum sentence length. Pennsylvania Violent offenses: Include arson of occupied structure. Rhode Island Violent offenses: Exclude sex offenses. New court commitments: 1993 and 1994 data represented total commitments with sentences of more than 6 months. Information based on the March 1995 monthly report and projected for each year. South Carolina Violent offenses: Include exposing others to HIV and felony DUI resulting in death. Minimum time to be served: All data were estimated. South Dakota Violent offenses: Include rioting, burglary in the first or second degree, and other felonies in which a dangerous weapon or any explosive or destructive device was used. Tennessee Data are for prisoners with a total maximum sentence of 1 year or more. Texas Data are for fiscal years. New court commitments: Exclude parole or mandatory release violators. First releases: Include all violent parole, mandatory supervision releases, and discharges including violators (not just first releases). Utah Minimum time to be served: No statutory minimum time to be served before release exists under Utah's indeterminate sentencing system. All release decisions are made on an individual basis by Utah's Board of Pardons and Parole. Vermont Violent offenses: Include arson resulting in death, elderly abuse, habitual offender, hate crime, and lewd and lascivious conduct. First releases: All data were estimated. Virginia Violent offenses: Include arson resulting in death, sex offenses against children, incest with child, bigamy, threats to bomb or burn, and firing into a dwelling, building, or occupied vehicle. Washington Minimum time to be served, maximum sentences of first releases, and time served: All data were estimated. West Virginia All data were estimated. Wyoming First releases: All 1994 data were estimated. The Bureau of Justice Statistics is the statistical arm of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is the director. Selected Findings usually present data from both Bureau of Justice Statistics programs and other sources. Allen J. Beck and Lawrence A. Greenfeld wrote this report. Tom Bonczar, Peter Brien, and Darrell Gilliard collected the data and provided a statistical review. Jodi Brown and Coliece Rice verified the tables. Tom Hester produced the report. Marilyn Marbrook supervised final production, assisted by Jayne Robinson and Yvonne Boston. The authors acknowledge the contributions of departments of corrections throughout the Nation. Without their efforts and assistance, this report would not have been possible. July 1995, NCJ-154632 (end of file) Owning Topic : T=Courts - 271 E= 1507 Type = e Owning Topic : T=Reference and Statistics - 202 E= 1657 Type = e