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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Special Report
Truth in Sentencing in State Prisons
January 1999, NCJ 170032
By Paula M. Ditton
Doris James Wilson
BJS Statisticians
The amount of time offenders serve in prison is almost always
shorter than the time they are sentenced to serve by the court.
Prisoners released in 1996 served on average 30 months in prison
and jail or 44% of their sentence. Many States have recently
enacted a truth-in-sentencing law which requires offenders to
serve a substantial portion of their sentence and reduces the
discrepancy between the sentence imposed and actual time served
in prison.
In the early 1970's States followed an indeterminate sentencing
model in which a parole board decided when an offender would be
released from prison. Pressure for longer sentences and uniform
punishment led to mandatory minimums and sentencing guidelines
in the 1980's. However, prison crowding, good-time sentence
reductions for satisfactory prison behavior, and earned-time
resulted in the early release of prisoners.
To assure that offenders serve a large portion of their
sentence, the U.S. Congress authorized funding for additional
State prisons and jails through the Violent Crime Control and
Law Enforcement Act of 1994. In 1998 incentive grants were
awarded to 27 States and the District of Columbia that met the
eligibility criteria for the Truth-in-Sentencing program.
Another 13 States have adopted a truth-in-sentencing
law requiring certain offenders to serve a specific percent of
their sentence.
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Highlights
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Three decades of sentencing reform -- 1970's through 1990's
* Indeterminate sentencing: Common in the early 1970's, parole boards
have the authority to release offenders from prison.
* Determinate sentencing: States introduced fixed prison terms
which could be reduced by good-time or earned-time credits.
* Mandatory minimum sentences: States added statutes requiring
offenders to be sentenced to a specified amount of
prison time.
* Sentencing guidelines: States established sentencing commissions
and created ranges of sentences for given offenses and offender
characteristics.
* Truth in sentencing: First enacted in 1984, TIS laws require
offenders to serve a substantial portion of their prison sentence.
Parole eligibility and good-time credits are restricted or eliminated.
* Violent offenders released from prison in 1996 were sentenced
to serve an average of 85 months in prison. Prior to release
they served about half of their prison sentence or 45 months.
* Under truth-in-sentencing laws requiring 85% of the sentence,
violent offenders would serve an average of 88 months in prison
based on the average sentence for violent offenders admitted to
prison in 1996.
* Nearly 7 in 10 State prison admissions for a violent offense
in 1997 were in States requiring offenders to serve at least 85% of
their sentence.
* By 1998, 27 States and the District of Columbia met the
Federal Truth-in-Sentencing Incentive Grant Program eligibility criteria.
Eleven States adopted truth-in-sentencing laws in 1995, 1 year after the
1994 Crime Act.
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Data were compiled from multiple sources
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The findings in this report are based primarily on data from the
Bureau of Justice Statistics, National Corrections Reporting
Program (NCRP), and data collected through the Violent Offender
Incarceration and Truth-in-Sentencing (VOI/TIS) Incentive Grants
program, administered by the Office of Justice Programs
Corrections Program Office.
Since 1983 BJS has compiled the NCRP data series that collects
individual inmate records for prison admissions and releases and
parole discharges. It is the only national level data base with
information on sentence length, time to be served in prison,
actual time served by released prisoners, time served on parole,
type of parole discharge, and offense composition of inmates
entering and exiting prison and parole. The annual series
includes prison population movement data and parole population
data, providing a comprehensive description of offenders as they
enter and exit correctional custody and supervision.
During the 1990's between 35 and 41 States have participated in
NCRP. In 1996, 37 States and the California Youth Authority
reported 469,650 admissions that represented 91% of all
admissions to State prisons, based on data from the BJS National
Prisoner Statistics data collection. The releases reported
(427,627) represented 91% of all releases from State prison in
1996.
All 50 States and the District of Columbia reported data through
the VOI/TIS incentive grants program as part of the data
collection for determining grant eligibility. The VOI/TIS data
provide an additional State-level indicator of time served with
a common definition of violent offenses. For each year between
1993 and 1997, States reported the number of admissions and
releases for Part 1 violent offenses and sentence length and
time served by released violent offenders. Part 1 violent crimes
include murder/ nonnegligent manslaughter, rape, robbery, and
aggravated assault.
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Sentencing reforms parallel 'get tough on crime' attitude
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Sentencing reform policies have paralleled the mood of the
country on crime and punishment, shifting between requiring a
fixed prison time prior to release or allowing discretionary
release of offenders by judges, parole boards, or corrections
officials. Over the last two decades, sentencing requirements
and release policies have become more restrictive, primarily in
response to widespread 'get tough on crime' attitudes in the
Nation. (See References for sources on sentencing reform on page
15.)
In the early 1970's, States generally permitted parole boards to
determine when an offender would be released from prison. In
addition, good-time reductions for satisfactory prison behavior,
earned-time incentives for participation in work or educational
programs, and other time reductions to control prison crowding
resulted in the early release of prisoners. These policies
permitted officials to individualize the amount of punishment or
leniency an offender received and provided means to manage the
prison population.
Such discretion in sentencing and release policies led to
criticism that some offenders were punished more harshly than
others for similar offenses and to complaints that overall
sentencing and release laws were too soft on criminals. By the
late 1970's and early 1980's, States began developing sentencing
guidelines, enacting mandatory minimum sentences and adopting
other sentencing reforms to reduce disparity in sentencing and
to toughen penalties for certain offenses, specifically drug
offenses (as part of the 'war on drugs'), offenses with weapons,
and offenses committed by repeat or habitual criminals.
***Footnote 1: For additional information on sentencing reform
see the 1996 National Survey of State Sentencing Structures,
Bureau of Justice Assistance, NCJ 169270, September, 1998.***
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Washington State enacted the first truth-in-sentencing law in
1984
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States continued to increase the severity of sentencing laws
(primarily for violent offenders) by enacting restrictions on
the possibility of early release, which became known as truth in
sentencing. Truth-in-sentencing laws require offenders to serve
a substantial portion of the prison sentence imposed by the
court before being eligible for release. Previous policies
which reduced the amount of time an offender served on a
sentence, such as good-time, earned-time and parole board
release, are restricted or eliminated under truth-in-sentencing
laws. The definition of truth in sentencing varies among the
States, as do the percent of sentence required to be served and
the crimes covered by the laws. Most States have targeted
violent offenders under truth in sentencing.
A few States, such as Florida, Mississippi, and Ohio, require
all offenders to serve a substantial portion of the sentence
before being eligible for release. The percent of sentence
required to be served under truth in sentencing in general spans
from 50% to 100% of a minimum sentence (table 1).
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Most truth-in-sentencing States require offenders to serve 85%
of the prison sentence
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In response to prison crowding and public dismay with the early
release of prisoners, the U.S. Congress authorized incentive
grants to build or expand correctional facilities through the
Violent Offender Incarceration and Truth-in-Sentencing Incentive
Grants Program in the 1994 Crime Act (Pub.L. No. 103-322, 108
Stat. 1796 (1994)). To qualify for the truth-in-sentencing
grants, States must require persons convicted of a Part 1
violent crime to serve not less than 85% of the prison sentence.
Along with other exceptions, States may qualify by demonstrating that
the average time served in prison is not less than 85% of the
sentence. ***Footnote 2: For additional information on
eligibility criteria and other program requirements see Violent
Offender Incarceration and Truth-in-Sentencing Incentive Grants:
Program Guidance and Application Kit, FY98, Office of Justice
Programs Corrections Program Office, U.S. Department of Justice,
Solicitation Number 244, NCJ 168942.***
Twenty-seven States and the District of Columbia qualified for
the Federal grant program in 1998 (table 1). Five States
(Delaware, Minnesota, Tennessee, Utah and Washington) adopted
truth in sentencing prior to the 1994 Crime Act. Arizona,
California, Missouri, and North Carolina enacted truth in
sentencing in 1994, and 11 States enacted laws in 1995, 1 year
after the Crime Act (Connecticut, Florida, Georgia, Kansas,
Maine, Michigan, Mississippi, New York, North Dakota, Oregon,
and Virginia).
Table 1. Truth-in-sentencing requirements, by State
50% 100% of minimum Other
Meet Federal 85% requirement requirement requirement requirements
Arizona Missouri Indiana Idaho Alaska/c
California New Jersey Maryland Nevada Arkansas/d
Connecticut New York Nebraska New Hampshire Colorado/e
Delaware North Carolina Texas Kentucky/f
District of Col. North Dakota Massachusetts/g
Florida Ohio Wisconsin/h
Georgia Oklahoma/b
Illinois/a Oregon
Iowa Pennsylvania
Kansas South Carolina
Louisiana Tennessee
Maine Utah
Michigan Virginia
Minnesota Washington
Mississippi
a/Qualified for Federal funding in 1996 only.
b/Effective July 1, 1999 offenders will be required to serve 85% of the
sentence.
c/Two-part sentence structure (2/3 in prison; 1/3 on parole); 100% of prison
term required.
d/Mandatory 70% of sentence for certain violent offenses and manufacture of
methamphetamine.
e/Violent offenders with 2 prior violent convictions serve 75%; 1 prior violent
conviction, 56.25%.
f/Effective July 15, 1998, offenders are required to serve 85% of the sentence.
g/Requires 75% of a minimum prison sentence.
h/Effective December 31, 1999, two-part sentence: offenders serve 100% of the
prison term and a sentence of extended supervision at 25% of the prison
sentence.
Several States have not adopted the Federal 85% standard.
Maryland and Texas have a 50%-requirement for violent
offenders. Nebraska and Indiana require all offenders to serve
50% of the sentence. Arkansas requires certain offenders to
serve 70%. Colorado requires violent offenders with 2 prior
violent convictions to serve 75% and with 1 prior violent
conviction, 56%. Massachusetts requires 75% of a minimum prison
sentence.
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14 States have abolished parole board release for all offenders
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Fourteen States have abolished early release by discretion of a
parole board for all offenders. Seven States abolished parole
board release within the last 10 years. Eight States abolished
parole board release during the same year a truth-in-sentencing
law was passed (Arizona, Delaware, Kansas, Mississippi, Ohio,
Virginia, Washington, and Wisconsin). Parole boards still have
discretion over inmates who were sentenced for crimes committed
prior to the effective date of the law that eliminated parole
board release.
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Abolished discretionary parole board
release/a
State Year
Arizona 1994
Delaware 1990
Florida/b 1983
Illinois 1978
Indiana 1977
Kansas/c 1993
Maine 1975
Minnesota 1980
Mississippi 1995
North Carolina 1994
Ohio/d 1996
Oregon 1989
Washington 1984
Wisconsin 1999
a/For offenses committed after the effective date of the law.
b/In 1995, parole eligibility was abolished for offenses with a
life sentence and a 25-year mandatory term.
c/Excluded a few offenses, primarily first degree murder and
intentional second degree murder. Truth in sentencing passed
1993, amended in 1995 to meet 85% requirement.
d/Excluded murder and aggravated murder.
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A few other States have abolished parole board release for
certain violent or felony offenders (Alaska, New York,
Tennessee, and Virginia) or for certain crimes against a person
(Louisiana). California allows discretionary release by a parole
board only for offenders with indeterminate life sentences. In
general, States restrict the possibility of parole board release
based on the offender's criminal history or the circumstances of
the offense.
While discretionary release from prison by a parole board has
been eliminated by some States, post release supervision still
exists and is generally referred to as community or supervised
release. Parole boards, in various forms, have the responsi-
bility to set conditions of release for offenders under
conditional or supervised release, the authority to return an
offender to prison for violating the conditions of parole or
supervised release, and the power to grant parole for medical
reasons.
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Between 1990 and 1997 the number of offenders in State prison
increased 7% annually
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As a result of truth-in-sentencing practices, the State prison
population is expected to increase through the incarceration of
more offenders for longer periods of time. One purpose of the
VOI/TIS incentive grants is to enable States to manage prison
capacity by providing funds to increase prison beds for violent
offenders.
On average, between 1990 and 1997 the prison population grew by
7% annually. State prison inmates totaled 1,100,850 in 1997, up
from 689,577 in 1990 (table 2). Most of the growth occurred
among violent offenders who accounted for 50% of the total
increase in State prison inmates. Drug offenders comprised about
19% of the growth and property offenders, 16%.
Table 2. Trends in State prison population and admissions, 1990-97
Yearend Number of
Year population/a admissions/b
1990 689577 460739
1991 732914 466285
1992 780571 480676
1993 857675 475100
1994 936896 498919
1995 1001359 521970
1996 1048004 512618
1997 1100850 540748
Note: Includes only offenders with a sentence of more than 1 year.
a/Sentenced prisoners under State jurisdiction.
b/Excludes escapees, AWOLs returned and transfers to other jurisdictions.
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State prison admission rates
have dropped
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While the number of inmates held in State prisons increased 60%
since 1990, the number admitted to prison increased about 17%.
In 1997, 540,748 offenders were admitted to State prison, up
from 460,739 in 1990. The number of admissions relative to the
number of inmates in prison dropped from 73 per 100 State
prisoners in 1990 to 52 per 100 in 1997.
During this period the source of admissions to prison also
changed. New court commitments to State prison, or offenders
admitted to prison under a new sentence, increased slightly
between 1990 and 1997 (from 323,069 to 334,630), while parole
violators represented an increased portion of prison admissions.
The most recent data on admissions by offense type (table 3)
reveal that offenders incarcerated for violent offenses
increased, up from 86,600 in 1990 to 96,300 in 1996. New court
commitments for property and drug offenders decreased between
1990 and 1996.
Table 3. Sentenced prisoners under State jurisdiction and new court
commitments to State prison, by offense, 1990 and 1996
Sentenced New court
prisoners under commitments
State jurisdiction to State prison
Offense 1990 1996 1990 1996
Total 689577 1048004 323069 326547
Violent 315900 495400 86600 96300
Property 175000 240000 104400 94800
Drug 149700 237600 102400 98700
Public-order 45800 71300 26000 34600
Note: Sentenced prisoners under State jurisdiction by offense were
estimated. See Methodology for details.
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Over a third of prison admissions
in 1997 were parole violators
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The percent of prison admissions who were returned for a parole
violation has steadily increased since 1985. Parole violators
accounted for 23% of prison admissions in 1985, 29% in 1990, 34%
in 1994, and by 1997, 35% of admissions were parole violators.
Two-thirds of parole violators were drug or property offenders.
A third of parole violators were drug offenders, and 16% were
burglary offenders. Violent offenders accounted for 25% of
those returned to prison on a parole revocation; nearly 11% were
originally sentenced to prison for robbery.
Percent of admissions
to State prison
New court Parole
Year commitment violators
1985 76.1% 23.4%
1990 70.1 29.1
1991 68.0 30.5
1992 69.5 29.5
1993 66.9 30.8
1994 64.7 33.8
1995 64.7 33.7
1996 63.7 33.7
1997 61.9 34.5
Note: Includes only offenders with a sentence
of more than 1 year. Excludes escapees, AWOLs
returned and transfers to other jurisdictions.
Percent of admissions
to State prison, 1996
New court Parole
Most serious offense commitments revocations
All offenses 100% 100%
Violent offenses 29.5% 24.5%
Murder/nonnegligent manslaughter 2.7 1.4
Rape 1.9 1.4
Other sexual assault 4.1 2.4
Robbery 9.1 10.9
Assault 8.7 6.7
Property offenses 29.0 35.1
Burglary 12.0 15.7
Larceny/theft 7.5 9.7
Motor vehicle theft 2.1 3.7
Drug offenses 30.2 31.0
Possession 8.0 7.0
Trafficking 17.2 16.1
Public-order offenses 10.6 8.1
Note: Includes only offenders with a sentence of more than 1 year.
Detail may not add to total.
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The commitment rate for murder rose from 460 per 1,000 arrests
in 1990 to 613 per 1,000 in 1996
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In contrast to the increase in the number of incarcerated
violent offenders and the slight increase in admissions overall,
arrests for the major violent crimes (except for aggravated
assault) actually declined between 1990 and 1996. Arrests for
murder dropped 19%; rape, 18%; other sexual assault, 13%; and
robbery, 16%. There was also a sharp decline of burglary arrests
(21%) (table 4).
Table 4. Adult arrests and new court commitments to State prison
per 1,000 arrests, by offense, 1980, 1990, and 1996
Number of new court co
mmitments
Number of adult arrests to State prison per 1,
000 arrests
Most serious offense 1980 1990 1996 1980 1990 1
996
Violent offenses
Murder 18200 19800 16100 621 460
613
Rape 26700 33300 27400 182 229
219
Other sexual assault 55600 90500 78600 61 112
177
Robbery 102200 127400 106700 245 233
277
Aggravated assault 236600 410800 445005 45 56
62
Property offenses
Burglary 282800 290000 229700 107 160
165
Larceny/theft 745300 1088700 983900 14 24
27
Motor vehicle theft 75600 119800 102600 40 72
72
Fraud 358800 382100 565400 19 24
24
Drug offenses 471200 1008300 1294700 19 103
77
Weapons offenses 141200 181000 163400 11 34
55
Note: Arrest data were obtained from the FBI's Uniform Crime Reporting
Program. Data on new court commitments by offense were estimated and
include offenders with a sentence of more than 1 year. (See Methodology for de
tails.)
At the same time, the commitment rate, or the number of new
court commitments to State prison relative to the number of
arrests, increased for most violent offenses between 1990 and
1996. The number of admissions to State prison for murder per
1,000 arrests rose from 460 in 1990 to 613 in 1996, almost
reaching the high of 621 admissions per 1,000 arrests in 1980.
The likelihood of going to prison upon arrest for drug offenses
substantially increased between 1980 and 1990 as the commitment
rate soared from 19 per 1,000 arrests to 103 per 1,000. The rate
dropped to 77 commitments per 1,000 arrests in 1996. For
property offenders, the commitment rate also increased between
1980 and 1990 and remained relatively constant between 1990 and
1996.
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The implementation of truth-in-sentencing laws
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The phase-in of truth-in-sentencing requirements, or the number
of offenders sentenced under the new law, may vary considerably
by State. Differences in the effective date of the law, court
backlogs, case processing, and the type of offenders covered
under the law (violent offenders versus all offenders) may affect
the number of prison admissions sentenced under truth in sentencing.
Monthly data on the percent of prison admissions sentenced under
truth-in-sentencing laws in Nevada, Virginia, and New York
demonstrate the lag between the effective date of
truth-in-sentencing and the subsequent admission of offenders to
prison covered under the new law.
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At 12 months, 57% of New York's violent felony prison
admissions were under truth in sentencing
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Under a truth-in-sentencing law which became effective October
1, 1995, New York requires repeat violent felony offenders to
serve at least 85% of the sentence. The law requires first time
violent felony offenders to serve 85% based on a presumptive
sentence set at 2/3 of the maximum.
By August 1998, 3 years after the effective date, 94% of violent
felony offenders admitted to prison were sentenced under the
1995 truth-in- sentencing law. A more recent law, effective
September 1, 1998, requires first time violent felons to serve
85% of a determinate sentence.
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In Nevada, nearly 80% of prison admissions were under
truth-in-sentencing requirements, 3 years after implementation
of the law
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Effective for crimes committed after July 1, 1995, Nevada's
truth-in-sentencing law requires all offenders to serve 100% of
the minimum prison term prior to becoming eligible for parole
release. Offenders are allowed to earn good-time reductions off
the maximum prison sentence, but not the minimum. Six months
after the effective date, 28% of offenders admitted to Nevada's
prisons were sentenced under the truth-in-sentencing law. After
1 year the number increased to 43%, and after 2 years, 60%. After
3 years, 79% of prison admissions were sentenced under truth in
sentencing.
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Virginia estimates 100% truth-in-sentencing admissions by
yearend 1999
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Virginia implemented a truth-in-sentencing law on January 1,
1995, requiring all felony offenders to serve 85% of the
sentence. A year after the effective date, 74% of prison
admissions were sentenced under truth in sentencing. 39% were
admitted under truth in sentencing only and about 35% under both
truth-in-sentencing and the old parole system. These offenders
were returned for a new offense sentenced under truth-in-sentencing
and a prior offense under the parole system (old law).
Five years after implementation, or yearend 1999, Virginia
estimates 100% of admissions will be sentenced under truth in
sentencing.
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Nearly 40% of all female, black, and Hispanic prison admissions
were drug offenders
Thirty-seven percent of black offenders, 40% of Hispanics, and
39% of females admitted to prison in 1996 had committed a drug
offense. Black and Hispanic inmates were nearly twice as likely
as white inmates to be admitted to prison for a drug offense.
Women were most likely to be admitted to prison for a drug
offense (39%) or property offense (36%). Almost 31% of all males
admitted to prison in 1996 had committed a violent offense, compared to
17% of women. Slightly less than a third of admissions in each
racial and ethnic group had committed a violent offense. White
offenders were more likely to be admitted to prison for a
property offense (38%), particularly burglary (16%).
New court commitments to State prison, 1996: Offense, by sex, race, and Hispan
ic or
Percent of new court commitments
Male Female White* Black* Hispan
ic
All offenses 100% 100% 100% 100% 100%
Violent offenses 30.8 17.3 28.7 29.5 30.2
Murder/nonnegligent manslaughter 2.9 2.2 2.3 2.9 3.3
Negligent manslaughter 1.1 1.4 1.4 1 0.9
Rape 2.1 0.2 2.9 1.3 1.4
Other sexual assault 4.5 0.5 6.7 2 4.3
Robbery 9.6 5.0 5.4 12.2 8.9
Assault 9.0 6.0 7.9 8.8 9.7
Other violent 1.7 1.9 2.2 1.4 1.7
Property offenses 28.3% 36.0% 38.1% 24.9% 20.0%
Burglary 12.6 5.9 16.1 9.5 9.7
Larceny/theft 6.8 13.6 9.0 7.3 4.1
Motor vehicle theft 2.2 1.0 2.2 1.7 2.7
Fraud 3.1 12.8 6.0 3.5 1.3
Other property 3.6 2.8 4.8 2.9 2.2
Drug offenses 29.3% 39.1% 18.7% 36.8% 39.7%
Possession 7.7 11.2 6.1 9.9 8.0
Trafficking 17.0 19.3 9.1 20.8 26.8
Other/unspecified drug 4.6 8.6 3.6 6.1 5.0
Public-order offenses 11.0% 6.8% 13.7% 8.2% 9.3%
Other offenses 0.6% 0.7% 0.8% 0.5% 0.8%
Note: Includes only offenders with a sentence of more than 1 year.
Detail may not add to total.
*Excludes inmates of Hispanic origin.
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Nearly 7 in 10 violent offenders are in a State that requires
85% of the sentence be served
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Based on data reported through the VOI/TIS program, State
facilities reported that 78,917 new court commitments were
admitted to prison for a Part 1 violent offense in 1997. About
two-thirds (54,023) of those admissions were in a
truth-in-sentencing State which met the Federal standard,
requiring violent offenders to serve at least 85% of their
sentence prior to release. Over 90% of Part 1 violent offenders
admitted to prison in 1997 were in a State which had passed a
law requiring at least 50% of the sentence be served prior to
release.
Despite the large proportion of offenders being admitted in
States with truth-in-sentencing laws, not all of these offenders
were sentenced under truth in sentencing. Due to the time lag
between commission of the offense, arrest, and conviction, some
offenders entering prison in 1997 committed the offense prior to
the effective date of recently enacted truth-in-sentencing laws.
In 1997 an estimated 42% of all Part 1 violent offenders admitted
to prison were actually sentenced under a truth-in-sentencing law
that met the Federal standard requiring at least 85% of the sentence
be served in prison.
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Offenders admitted to prison in 1996 for robbery were expected
to serve 7 months longer than in 1990
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Though recent sentencing reforms are linked to increasing time
served, the average (or mean) sentence length imposed on
offenders entering prison decreased, from 72 months in 1990 to
68 months in 1996 (table 5). Consistent with sentencing policy
change, the projected minimum time expected to be served by
persons entering prison increased slightly. If parole
eligibility requirements, good-time credits, and early release
policies are taken into account, persons entering State prisons
in 1996 were expected to serve a minimum of 42 months in prison,
up from 40 months in 1990.
Table 5. New court commitments to State prison, 1990 and 1996:
Average sentence length and minimum time to be served
Mean maximum Mean minimum ti
me
sentence length/a to be served/b
Most serious offense 1990 1996 1990 1996
All offenses 72mo 68mo 40mo 42m
o
Violent offenses 107mo 104mo 67mo 70m
o
Murder/nonnegligent manslaughter 233 253 176 215
Negligent manslaughter 106 117 63 61
Rape 153 140 90 72
Other sexual assault 97 107 62 64
Robbery 101 101 53 60
Assault 74 72 49 46
Other violent 96 82 70 54
Property offenses 62mo 54mo 31mo 30m
o
Burglary 75 67 37 37
Larceny/theft 50 43 24 25
Motor vehicle theft 51 41 27 29
Fraud 54 47 23 22
Drug offenses 63mo 57mo 30mo 32m
o
Possession 62 51 24 30
Trafficking 66 62 33 34
Public-order offenses 41mo 44mo 26mo 25m
o
Number of admissions 278417 266705 129489 1288
63
Note: Includes only offenders with a sentence of more than 1 year. Excludes s
entences
of life without parole, life plus additional years, life, and death.
a/Maximum sentence length an offender may be required to serve for the most ser
ious offense.
b/Minimum time to be served is the jurisdiction's estimate of the shortest time
each admitted
prisoner must serve before becoming eligible for release.
For violent offenders the average imposed sentence decreased
from 107 months in 1990 to 104 months in 1996, while the
expected time to be served increased. On average, violent
offenders admitted to prison in 1996 were expected to serve
about 3 months longer than those admitted in 1990 (or a minimum
term of 70 months versus 67 months).
By offense, the average sentence length for murder (excluding
offenders sentenced to life) showed the largest increase
between 1990 and 1996, up from 233 months to 253 months.
Offenders admitted to prison in 1996 for murder, without a life
sentence, were expected to serve about 40 months longer (215
months) than offenders admitted in 1990 (176 months). Just over
a third of offenders admitted to prison in 1996 for murder/
nonnegligent manslaughter were sentenced to life in prison. Another
6% were sentenced to life without parole, and about 2% were sentenced
to death.
Both the average sentence length and minimum time to be served
in prison decreased for rape offenders admitted between 1990 and
1996. The average sentence length for rape dropped from 153
months to 140 months. The minimum time to be served for rape
offenders decreased, from 90 months in 1990 to 72 months in
1996.
Offenders admitted to prison in 1996 for drug law violations
were sentenced to an average of 57 months in prison, a 6 month
decrease from 1990. Drug offenders were expected to serve 2
months longer in prison (32 months in 1996 versus 30 months in
1990).
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Violent offenders admitted to prison in 1996 were expected to
serve about half of their sentence
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Based on the average sentence length and minimum time to be
served, violent offenders admitted to prison in 1996 were
expected to serve at minimum 51% of their sentence. Drug and
property offenders were expected to serve about 46% of their
sentence in prison prior to release. Public order offenders were
expected to serve 49% percent of their sentence.
Since many States are unable to report the minimum time to be
served by offenders admitted to prison, estimates of minimum
time to be served and percent of sentence to be served were
calculated with data from 26 States or about half of State
prison admissions. The projected percent of sentence to be
served is expected to increase as the number of offenders
entering prison who were sentenced under recently enacted
truth-in-sentencing laws continues to grow.
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Percent of sentence to be served by new court commitments to
State prison, 1996*
Most serious
offense Percent
All offenses 49%
Violent 51%
Property 46
Drug 46
Public-order 49
*Based on total sentence length.
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Truth-in-sentencing laws would increase the minimum prison term
by 15 months for violent offenders
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Under a truth-in-sentencing law requiring 85% of the sentence,
violent offenders would be expected to serve an estimated 15
months longer than the projected average minimum time to be
served by offenders entering prison in 1996 (table 6).
Assuming the average sentence length for those sentenced under
truth in sentencing remains the same as that for new court
commitments to State prison in 1996, violent offenders required
to serve 85% of their sentence would serve a minimum of 88
months in prison prior to becoming eligible for release.
Table 6. Estimated average time to be served under truth-in-sentencing laws
New court commitments, 1996
Maximum Minimum Estimated time to be
served
sentence time to be 85% of 75% of 50%
of
Most serious offense length served sentence sentence sente
nce
Selected violent offenses 104mo 73mo 88mo 78mo 5
2mo
Murder/nonnegligent manslaughter 253 214 215 190 1
27
Rape 140 72 119 105 7
0
Robbery 101 60 86 76 5
1
Assault 72 45 61 54 3
6
Note: Includes only offenders with a sentence of more than 1 year. Excludes s
entences
of life without parole, life plus additional years, life and death.
Offenders in prison for murder (excluding offenders sentenced to
life) are projected to serve about the same amount of time in
prison under an 85% requirement, compared to the current
projected minimum prison term for 1996 (215 months). Offenders
in prison for rape are estimated to serve a minimum of 119
months in prison if sentenced under an 85% requirement, or 47
months longer than the 1996 projected minimum term of 72 months.
Based on the maximum sentence length of offenders entering
prison for robbery, a minimum 86-month prison term would be
expected under an 85% requirement, compared to the current
60-month projected minimum prison term for 1996.
---------------------------------------
Violent offenders would serve
about 10 months less under
a 75%-requirement than
an 85%-requirement
--------------------------------------
Assuming sentence length remains constant, violent offenders
would be expected to serve on average 78 months in prison under
a 75% requirement, or 10 months less than offenders under an 85%
truth-in-sentencing requirement. Under a 50%
truth-in-sentencing requirement, violent offenders would serve
on average a minimum of 52 months in prison prior to becoming
eligible for release.
-----------------------------------------------------------------
For releases, average time served in prison increased from 22
months in 1990 to 25 months in 1996
-----------------------------------------------------------------
State prisoners released for the first time on their current
offense served on average 30 months, or 25 months in prison and
5 months in jail in 1996. Offenders released in 1990 served on
average 28 months, or 22 months in prison and 6 months in jail
(table 7).
Table 7. Mean sentence length and time served for first releases from State pr
ison, 1990 and 1996
Mean maximum Mean time served for first
releases Percent of
sentence length/a Jail/b Pri
son Total time served/c sentence served/d
Most serious offense 1990 1996 1990 1996 1990
1996 1990 1996 1990 1996
All offenses 69mo 62mo 6mo 5mo 22mo
25mo 28mo 30mo 38.0% 44.4%
Violent offenses 99mo 85mo 7mo 6mo 39mo
39mo 46mo 45mo 43.8% 49.6%
Murder/e 209 180 9 11 83
84 92 95 43.1 50.9
Negligent manslaughter 88 97 5 6 31
41 37 47 41.0 46.6
Rape 128 116 7 6 55
61 62 66 45.5 52.6
Other sexual assault 77 81 5 5 30
39 36 45 43.8 51.7
Robbery 104 92 7 6 41
40 48 46 42.8 47
Assault 64 61 6 6 23
28 30 33 43.9 51.7
Other violent 80 67 6 6 33
29 38 35 43.5 48.9
Property offenses 65mo 56mo 6mo 5mo 18mo
22mo 24mo 26mo 34.4% 43.0%
Burglary 79 68 6 5 22
26 29 31 33.9 42.4
Larceny/theft 52 47 6 4 14
18 20 22 35.5 43.2
Motor vehicle theft 56 45 7 5 13
19 20 24 33.1 49.1
Fraud 56 51 6 4 14
18 20 22 33.2 38.2
Other property 55 48 4 4 18
20 22 24 37.6 46.1
Drug offenses 57mo 57mo 6mo 5mo 14mo
20mo 20mo 24mo 32.9% 39.8%
Possession 61 55 6 4 12
17 18 22 29.0 37.6
Trafficking 60 62 6 5 16
22 22 26 34.8 39.3
Other/unspecified 42 45 4 5 12
17 16 23 34.8 46.7
Public-order offenses 40mo 41mo 5mo 4mo 14mo
17mo 18mo 21mo 42.6% 45.9%
Other offenses 51mo 50mo 6mo 6mo 16mo
19mo 23mo 25mo 39.2% 45.6%
Total 212166 252238 174161 203167 214871
254217
Note: Includes only offenders with a sentence of more than 1 year released for
the first time on the current sentence.
Excludes prisoners released from prison by escape, death, transfer, appeal or d
etainer. Data were reported on maximum
sentence length for 93.4% of the 227,100 first releases reported to NCRP in 199
0 and 97.6% of the 258,480 first releases
reported in 1996. Data were reported on time served in jail for
76.7% in 1990 and 78.6% in 1996, and time served in prison
for 94.6% in 1990 and 98.4% in 1996.
a/Maximum sentence length an offender may be required to serve
for the most serious offense. Excludes sentences of life without parole,
life plus additional years, life and death.
b/Average time spent in jail credited towards the current offense.
c/Based on mean time served in jail and mean time served in prison
by offense.
d/Based on the mean total time served and mean total sentence length
by offense. Details may not add to total because of rounding.
e/Includes nonnegligent manslaughter.
Between 1990 and 1996 total time served by released prisoners
increased for every offense, except robbery, which decreased
slightly from 48 months in 1990 to 46 months in 1996, and a
small category of other violent offenses, which dropped from 38
months in 1990 to 35 months in 1996. Violent prisoners released
in 1996 served on average 45 months in prison and jail, or about
50% of the average sentence prior to release, up from 44% in
1990. Offenders released from prison for rape in 1996 served a
total of 66 months, up from 62 months for those released in
1990. Offenders released for other sexual assault offenses in
1996 served 45 months or 9 months longer than those released in
1990. Offenders released for assault also served longer in 1996
compared to 1990 (33 months versus 30 months).
Offenders released for motor vehicle theft during 1996 served on
average 24 months in prison and jail, a 4-month increase from
those released in 1990. Drug offenders released in 1996 served
nearly 6 months longer in prison than offenders released for a
drug offense in 1990 (20 months versus 14 months). Overall,
offenders released from prison in 1996 served about 44% of their
sentence, up from 38% in 1990. Drug offenders served the
smallest percentage of their sentence, about 40% for those
released in 1996, up from 33%.
-----------------------------------------------------------------
Time served by released Part 1 violent offenders increased in 38
States between 1993 and 1997
-----------------------------------------------------------------
Data on the average time served reported to the VOI/TIS
incentive grants program vary from the NCRP data due to
differences in the definition of violent crimes. NCRP time
served statistics for violent offenders include Part 1 violent
crimes and a number of other violent crimes such as kidnapping,
simple assault, sexual assault, and reckless endangerment.
VOI/TIS data generally include only Part 1 violent crimes
(murder/ nonnegligent manslaughter, rape, robbery, and
aggravated assault) (table 8). Some States used an alternative
definition of violent crime approved through the grant program,
based on the NCRP definition.
Table 8. Part 1 violent offenders released from State prison, 1993, 1995, and
1997
1993
1995 1997
Mean Percent of Mean
Percent of Mean Percent of
maximum Mean time sentence maximum
Mean time sentence maximum Mean time sentence
sentence/a served served/b sentence/a
served served/b sentence/a served served/b
All States/c 98 43 47 95
46 51 93 49 54%
Alabama -- -- -- --
-- -- -- -- --
Alaska 115 65 57 95
61 64 83 55 67%
Arizona 69 43 62 66
43 65 70 52 74
Arkansas 131 35 27 137
38 28 150 38 25
California/d 58 33 57 62
35 57 62 36 58
Colorado 98 39 40 99
51 52 97 50 51
Connecticut 71 38 54 71
45 64 77 53 68
Delaware/e -- 41 -- --
43 -- -- 44 --
Florida/d 67 28 42 71
40 56 84 50 59
Georgia/d 150 63 42 134
64 48 110 68 62
Hawaii 138 64 47 139
66 48 134 61 46
Idaho 104 59 57 119
72 61 104 51 49
Illinois 91 40 44 90
40 45 106 46 44
Indiana 108 54 50 109
57 52 115 55 48
Iowa/e,f 192 39 20 155
40 26 130 49 38
Kansas/e,f -- 29 -- --
31 -- -- 41 --
Kentucky/f 242 77 32 210
80 38 180 87 49
Louisiana/d,e 104 67 64 113
65 58 117 59 51
Maine/d -- 43 -- --
35 -- -- 49 --
Maryland/d 118 63 53 110
61 55 108 60 56
Massachusetts/d 123 51 42 119
59 50 99 58 58
Michigan -- 46 -- --
50 -- -- 54 --
Minnesota 50 34 68 54
36 66 50 35 69
Mississippi/d,e 105 45 43 117
54 46 122 57 46
Missouri 92 72 78 87
68 78 82 71 86
Montana/e 163 54 33 117
43 37 105 49 47
Nebraska/e 118 55 47 109
52 48 134 60 45
Nevada -- -- -- --
-- -- 83 37 45
New Hampshire/e 98 36 37 98
37 38 95 42 44
New Jersey 121 47 39 123
50 41 102 46 45
New Mexico/e 70 37 54 62
38 61 67 38 57
New York/d 94 50 53 94
52 55 96 57 60
North Carolina 136 33 24 127
39 31 117 47 40
North Dakota 47 31 66 34
26 77 74 47 64
Ohio 237 61 26 230
68 29 192 63 33
Oklahoma 104 34 33 106
38 36 98 42 43
Oregon 111 43 39 64
38 60 60 38 63
Pennsylvania 117 54 46 115
59 51 108 64 59
Rhode Island 80 44 55 72
45 63 70 46 66
South Carolina 100 44 44 102
46 45 91 46 51
South Dakota 101 36 35 78
37 47 88 41 47
Tennessee 130 48 37 121
54 45 127 56 44
Texas/d 150 52 35 142
61 43 114 59 52
Utah/e 121 43 36 111
51 46 109 46 43
Vermont/e 93 32 34 107
44 41 94 82 87
Virginia 107 41 38 91
44 49 105 55 52
Washington 41 31 76 47
33 70 49 36 74
West Virginia/e 171 76 44 175
80 46 160 65 41
Wisconsin 83 41 49 84
41 49 87 48 55
Wyoming/d,e 140 69 49 76
43 56 124 54 44
Note: Data were obtained from the Violent Offender Incarceration and
Truth-in-Sentencing Incentive Grants Program.
Includes only offenders with a sentence of more than 1 year released
for the first time on the current sentence.
Excludes persons released from prison by escape, death, transfer,
appeal or detainer.
Part I violent crimes include murder/nonnegligent manslaughter, rape,
robbery and aggravated assault.
--Not reported.
a/Excludes sentences of life or death.
b/Based on States which reported both mean maximum sentence and mean
time served.
c/Mean sentence length, mean time served, and percent of sentence
served are weighted averages.
d/Used broader definition of violent crime approved for the grant program.
e/Jail time not included in time served data.
f/Time served includes released offenders sentenced to life or death.
Through the VOI/TIS program, 38 States reported an increase in
the average time served by released Part 1 prisoners between
1993 and 1997. Vermont reported the largest increase in time
served (up 50 months) between 1993 and 1997, followed by
Florida (22 months) and North Dakota (16 months). Overall, time
served for released Part 1 violent offenders increased from 43
months in 1993 to 46 months in 1995 and 49 months by 1997. The
average time served for Part 1 violent offenders released in
1997 ranged from 35 months in Minnesota to 87 months in
Kentucky.
-----------------------------------------------------------------
Part I violent offenders released in 1997 served between 25% and
87% of their sentence
-----------------------------------------------------------------
Among prisoners released in 1997, the average sentence for a
Part 1 violent crime was about 93 months and the average time
served in prison and jail was 49 months, or 54% of the average
total maximum sentence. Overall, the average percent of
sentence served increased from 47% in 1993 to 51% in 1995, and
by 1997 released Part 1 violent offenders had served 54% of the
average sentence.
The percent of sentence served by released violent offenders
varied widely among reporting States, ranging from 25% in
Arkansas to 87% in Vermont for 1997. Variations in the percent
of sentence served are due to State differences in both time
served and the maximum sentence length of released offenders.
The average sentence length of released violent prisoners ranged
from 49 months in Washington to nearly four times that in Ohio
(192 months).
Part of the variation in sentence length and percent of sentence
served is due to differences between determinate and indeterminate
sentencing. Offenders in indeterminate sentencing States may be
sentenced to a relatively long maximum prison term and a short
minimum term, compared to the fixed sentence of a determinate
sentencing State. Variations by State in the percent of sentence
served may also reflect other State-specific sentencing practices,
a differing mix of the type of violent offenders being released,
and changing release policies.
---------------------------------------------------------------
Black offenders released in 1996 served 2 months longer than
white offenders
Black offenders released in 1996 served about 41 months in
prison for a violent offense, compared to 38 months for white
offenders. For murder white offenders served 90 months,
compared to 86 months for black offenders and 76 months for
Hispanics. Black offenders sentenced to prison for rape served
about 14 months longer than whites (70 months versus 56 months).
Females released in 1996 served an average of 8 months less
than males. Females served 9 months less than males for a
violent offense, about 8 months less for a property offense, and
4 months less for a drug offense.
Mean time served in prison by first releases from State prison, by sex and race
, 1996
First releases from State prison
Male Female White* Black* Hi
spanic
All offenses 26mo 18mo 24mo 26mo
23mo
Violent offenses 39mo 30mo 38mo 41mo
33mo
Murder/nonnegligent manslaughter 86 67 90 86
76
Rape 61 48 56 70
51
Robbery 41 28 42 42
30
Assault 28 23 25 30
27
Property offenses 23mo 15mo 21mo 23mo
22mo
Burglary 27 18 25 29
26
Larceny/theft 19 15 18 19
19
Motor vehicle theft 19 14 19 21
17
Drug offenses 20mo 16mo 18mo 20mo
20mo
Possession 18 15 15 18
21
Trafficking 22 18 20 22
21
Public-order offenses 17mo 15mo 16mo 18mo
15mo
Note: Data were obtained from the National Corrections Reporting Program.
Includes only offenders with a sentence of more than 1 year released for the
first time on the current sentence. Excludes persons released from prison
by escape, death, transfer, appeal, or detainer.
*Excludes inmates of Hispanic origin.
-----------------------------------------------------------------
-----------------------------------------------------------------
Prisoners released in 4 States served over 70% of the sentence
-----------------------------------------------------------------
Part 1 violent offenders released in Vermont, Missouri,
Washington, and Arizona during 1997 served on average over 70%
of the average sentence. Time served in these four States
ranged from an average of 36 months for offenders released in
Washington to 82 months for prisoners released in Vermont. Part
1 violent offenders released from Kentucky served the longest
amount of time in prison and jail (87 months), which represented
49% of the average maximum sentence.
----------------------------------
Top 10 States, by percent
of sentence served, 1997
Time Percent of
served sentence
Vermont 82 mo 87%
Missouri 71 86
Washington 36 74
Arizona 52 74
Minnesota 35 69
Connecticut 53 68
Alaska 55 67
Rhode Island 46 66
North Dakota 47 64
Oregon 38 63
----------------------------------
-----------------------------------------------------------------
Nearly 18% of released offenders served their entire prison
sentence
-----------------------------------------------------------------
About 81% of prisoners released in 1997 were conditionally
released to community supervision (table 9). The remaining 19%
were released into the community without further correctional
supervision, up from 14% in 1990.
Table 9. Type of release from State prison, 1990, 1993-1997
1990 1993 1994 1995 1996 1997*
Conditional releases 86.0% 86.0% 85.9% 84.1% 81.4% 81.4%
Parole 40.5 39.9 36.1 33.4 31.5 29.3
Mandatory 29.6 32.5 36.8 40.2 39.4 41.2
Other 15.9 13.7 13.0 10.5 10.5 10.9
Unconditional 14.0% 14.0% 14.1% 15.9% 18.6% 18.6%
Expiration of sentence 13.0 12.2 12.9 15.0 17.4 17.5
Other 1.0 1.8 1.2 0.9 1.2 1.1
Note: Data were obtained from the National Prisoners Statistics data collection
.
*Preliminary.
Consistent with recent trends in requiring longer portions of
the sentence to be served, more released prisoners in 1997
served their entire prison term (18%), compared to 1990 (13%).
Also, more offenders were released to mandatory parole (release
supervision mandated by law rather than granted by a parole
board) during 1997, compared to 1990 (41% versus 30%).
-----------------------------------------------------------------
Time served increased for parole board releases between 1990 and
1996
-----------------------------------------------------------------
Parole boards have followed the trend toward increasing the
amount of time offenders serve in prison. The average time
served among offenders released by a parole board increased from
23 months in 1990 to 24 months in 1994 and 25 months in 1996
(table 10). The time served for those released under
nondiscretionary mandatory parole also increased from 20 months
in 1990 to 23 months in 1995 and 24 months in 1996.
Table 10. Time served in prison for first releases
from State prison, by release type, 1990-96
Release type
Expiration
Parole Mandatory of
Year board parole sentence
1990 23 20 27
1991 23 20 27
1992 23 19 22
1993 23 19 23
1994 24 20 26
1995 24 23 25
1996 25 24 26
Note: Includes only offenders with a sentence of more than 1 year
released for the first time on the current sentence. Excludes persons
released from prison by escape, death, transfer, appeal or detainer.
-----------------------------------------------------------------
Violent offenders released by parole boards served 4 months
longer than other conditional releases
-----------------------------------------------------------------
During 1996, violent offenders released by the discretion of a
parole board served 42 months while other conditional releases
(mandatory parole and other non-discretionary conditional
releases) served 38 months in prison (table 11). Offenders
released by a parole board who were in prison for
murder/nonnegligent manslaughter served 21 months longer than
other conditional releases (96 months versus 75 months).
Offenders serving time for assault who were released by a parole
board served 30 months, or 5 months longer than other
conditional releases (25 months).
Table 11. Sentence length, time served, and percent of sentence served,
for first releases, by offense and release type, 1996
Time served in prison
Percent of sentence
served in prison
Parole Other Parole Oth
er Parole Other
Most serious offense board conditional* board con
ditional* board conditional*
All offenses 79mo 47mo 25mo
25mo 29.1% 47.0%
Violent offenses 113mo 65mo 42mo
38mo 34.0% 53.2%
Murder/nonnegligent manslaughter 229 138 96
75 35.6 52.3
Rape 157 94 65
64 37.6 57.2
Other sexual assault 117 75 44
41 35.5 50.0
Robbery 118 63 42
40 32.4 56.9
Assault 81 45 30
25 35.1 51.5
Property offenses 73mo 43mo 23mo
22mo 28.0% 45.7%
Burglary 88 50 27
28 28.3 49.3
Larceny/theft 59 39 18
19 27.9 43.3
Motor vehicle theft 61 36 19
18 28.7 41.8
Drug offenses 74mo 40mo 21mo
19mo 25.6% 41.8%
Possession 66 42 18
18 24.5 39.6
Trafficking 80 42 22
21 25.3 44.4
Public-order offenses 47mo 36mo 16mo
17mo 29.9% 42.8%
Other offenses 60mo 33mo 20mo
14mo 31.2% 36.5%
Note: Data were obtained from the National Corrections Reporting Program.
Includes only offenders with a sentence of more than 1 year released for
the first time on the current sentence. Excludes persons released from
prison by escape, death, transfer, appeal or detainer.
*Includes mandatory parole releases and other nondiscretionary conditional
releases for selected States.
Property offenders served about 22 months under both types of
release. Drug offenders released by a parole board served 21
months and other conditional releases served about 19 months in
prison. Persons in prison for a public-order offense served
about the same amount of time whether released by a parole board
(16 months) or other conditional releases (17 months).
----------------------------------------------
Parole board releases served 29%
of the sentence, and other
conditional releases, 47%
----------------------------------------------
Offenders released by a parole board during 1996 served a
smaller percent of their sentence than other conditional
releases (29% versus 47%). Offenders in prison for a violent
offense who were released by a parole board served 34% of their
sentence, and other conditional releases served just over half
(53%) of their sentence. The difference between the two release
types in percent of sentence served was the result of longer
sentences for offenders who were eligible for discretionary
parole board release. Offenders released in 1996 by a parole
board had an average sentence of 79 months, 32 months longer
than other conditional releases (47 months).
-----------------------------------------------------------------
Prisoners are serving more time than release data indicate
-----------------------------------------------------------------
The average time-served data reported for released prisoners
understate the actual time that will be served by persons
entering prison. The numbers reflect the time served by
prisoners actually released without accounting for those who
will never be released. In addition, prisoners with extremely
long sentences will not show up in the release statistics for
many years.
Current time-served data are based on released offenders who
were generally sentenced under past or "old law" sentencing
policies. Offenders sentenced under recently implemented truth
in sentencing or "new laws" requiring large portions of the
sentence to be served do not show up in current release statistics.
-----------------------------------------------------------------
State prison population growth is linked to increasing time
served
-----------------------------------------------------------------
The State prison population dramatically increased between 1990
and 1997 (figure 1). Since 1990 the State prison custody
population has increased by 57%, reaching a high of 1,075,052
inmates in 1997, up from 684,544 in 1990. The growth has not
been entirely the result of more offenders entering State
prison. The number of offenders admitted each year has
remained fairly constant in recent years. Admissions to State
prisons have increased by about 17% since 1990, up from 460,739
to 540,748 in 1997. An increasing amount of time served by
offenders is contributing to the growth in State prison
populations. (See Blumstein and Beck, 1999.)
-----------------------------------------------------------------
The sentences of released offenders decreased between 1990 and
1996
-----------------------------------------------------------------
Another indicator of increasing time served is a shorter average
sentence length of those actually released from prison. As a
result of changes in sentencing and release policies, the more
serious offenders with long sentences are being held in prison,
and less serious offenders with shorter sentences make up an
increasing fraction of the released prisoners.
Overall, the average sentence length of offenders released from
prison in 1996 was 62 months, down from 65 months in 1990 (table
12). The average sentence length of violent offenders released
in 1996 was 10 months shorter than those released in 1990 (84
months versus 94 months). Property offenders released in 1996
had a 5 month shorter average sentence length. Offenders with
long sentences for violent and property offenses may be serving
longer periods of time in prison.
Table 12. Mean sentence length of first releases
from State prison, 1990-96
Mean maximum sentence length
All Public-
Year offenders Violent Property Drug order
1990 65mo 94mo 61mo 54mo 37mo
1991 66 92 63 59 38
1992 60 89 53 53 35
1993 66 90 61 61 39
1994 64 85 60 60 42
1995 61 84 56 57 39
1996 62 84 56 57 40
Note: Includes only offenders with a sentence of more than 1 year
released for the first time on the current sentence. Excludes persons
released from prison by escape, death, transfer, appeal, or detainer.
-----------------------------------------------------------------
The release rate for rape offenders dropped from 24 per 100 to
15 per 100 State prison inmates
-----------------------------------------------------------------
While the actual number of prisoners released each year
continues to increase, the rate of release (or the number of
releases relative to the number of inmates in prison) dropped.
In 1996 an estimated 467,200 offenders were released from prison
up from 405,400 in 1990 (table 13). However, the release rate
dropped from 37 per 100 State prisoners in 1990 to 31 per 100 in
1996.
Table 13. Rate of release from State prison, by offense, 1990 and 1996
Number of releases Release rate*
Most serious offense 1990 1996 1990 1996
Total 405400 467200 37.0 30.9
Violent offenses 103000 115300 24.8 19.0
Murder/nonnegligent manslaughter 7700 6100 9.7 5.2
Negligent manslaughter 4100 4200 22.2 20.1
Rape 7700 7000 23.8 15.4
Other sexual assault 9700 13500 20.4 17.4
Robbery 46600 44800 31.8 23.9
Assault 23900 33100 31.6 25.4
Other violent 4100 6100 24.4 21.9
Property offenses 158900 154000 46.8 38.5
Burglary 75800 65800 45.8 36.2
Larceny/theft 42200 41100 53.2 43.9
Motor vehicle theft 11400 14000 44.2 38.9
Fraud 17800 18200 46.1 39.3
Other property 11800 14900 38.6 35.0
Drug offenses 105800 148900 41.6 38.8
Public-order offenses 30000 44800 40.6 38.8
Other offenses 7700 4200 71.8 54.9
Note: Releases exclude escapees, AWOL's, and transfers, and include prisoners
with a sentence of more than 1 year.
*Number of releases per 100 State prisoners. The prisoner count includes
inmates at the beginning of each year plus those admitted during the year.
The overall decline in the release rate was also due to a
declining rate of release for violent and property offenders.
The violent offender release rate dropped from 25 per 100 State
prisoners in 1990 to 19 per 100 in 1996. The release rate for
murder showed the most dramatic decline, cut nearly in half from
about 10 per 100 in 1990 to 5 per 100 in 1996. Robbery and
assault decreased from a release rate of 32 per 100 in 1990 to
about 25 per 100 in 1996. The release rate for property
offenders decreased from 47 per 100 State prisoners in 1990 to
39 per 100 in 1996. The rate for drug and public-order offenses
decreased slightly from about 41 per 100 prisoners in 1990 to
39 per 100 in 1996.
-----------------------------------------------------------------
Few offenders admitted under truth-in-sentencing laws are being
released from prison
-----------------------------------------------------------------
Through the VOI/TIS program, 15 Federally funded
truth-in-sentencing States and 3 non-Federally funded States
reported 1997 admission and release data on offenders sentenced
under truth in sentencing (table 14). Three States reported that
none of the offenders admitted under a truth-in-sentencing law
was released from prison during 1997 (Illinois, Iowa, and
Missouri). Four States reported fewer than ten offenders were
released (Connecticut, North Dakota, South Carolina, and
Tennessee).
Table 14. Part I violent offenders admitted and released from State prison
under truth in sentencing, for selected States, 1997
New court commitments First
releases
Maximum Average time Ma
ximum Time Percent of
Number sentence/a to be served Number se
ntence served Sentence served
Determinate
Arizona 1359 74mo 64mo 360
30mo 27mo 90%
Connecticut 561 128 / 2
29 25 88
Delaware/b 264 82 / 68
35 31 88
Florida/c,d 3720 72 61 465
19 15 80
Illinois/e,f 936 208 192 0
- -- --
Minnesota/g 748 46 46 433
22 22 100
New York/d,h 1107 100 86 0
- -- --
Ohio 2660 54 / 165
9 9 100
Virginia 932 140 126 110
25 22 88
Indeterminate
California/d 5277 123mo 105mo /
/ / /
Iowa 66 233 198 0
-- -- --
Massachusetts/d,e 753 80 59 186
36 26 71
Missouri 464 201 171 0
-- -- --
Nevada/e 483 173 / 48
43 18 42
New York/d,h 1805 64 54 98
24 19 80
North Dakota 29 92 / 4
21 19 88
South Carolina 515 183 160 2
18 15 83
Tennessee/i 346 207 184 9
10 6 59
Note: Data were obtained from the Violent Offender Incarceration and Truth-in-S
entencing Incentive Grants Program.
/Not reported.
--Not applicable.
a/Excludes prisoners sentenced to life or death.
b/Jail time not included in time served data.
c/Releases serving less than 85% are the result of a judicial action
impacting sentencing structure.
d/Used a broader definition of violent crime.
e/Not a Federally funded truth-in-sentencing State.
f/Includes only select violent crimes (primarily murder).
g/Average executed sentence (which includes the maximum supervised
release term) was 68 months for admissions and 33 months for releases.
h/Under New York's 1995 truth-in-sentencing law first felony offenders
are given an indeterminate sentence, second felony offenders a determinate
sentence. For indeterminate cases the statutory presumptive
release date is reported rather than the maximum sentence.
i/All 9 releases were either judicially released or sentenced under a
split confinement and released on probation.
Among the reporting States, prisoners admitted under
truth-in-sentencing and released from prison during 1997 had
both short sentences and prison terms. The average sentence of
released offenders ranged from 9 months in Ohio where offenders
served 9 months in prison to 43 months in Nevada where offenders
served 18 months. Since the small number of truth-in-sentencing
prisoners who were released during 1997 had short sentences, the
average time served by these offenders is not comparable to
national time served data. Due to the estimated time to be
served by offenders admitted under truth-in-sentencing, these
offenders are not expected to be released from prison for many
years.
------------------------------------------
Six States projected an average
10-year prison term under truth
in sentencing
------------------------------------------
Both the sentence length and projected average time to be served
by Part 1 violent offenders admitted to prison during 1997 under
a truth-in-sentencing law vary greatly by State. Of the 17
States able to report data, the average maximum sentence length
ranged from 46 months in Minnesota to 233 months in Iowa.
Generally, the average maximum sentence of indeterminate
sentencing States was longer than that of determinate sentencing
States.
For the 12 States reporting data, the average projected time to
be served for Part 1 violent offenders admitted under a
truth-in-sentencing law during 1997 ranged from 46 months in
Minnesota to 198 months in Iowa. Six of the 12 States projected
that offenders admitted under a truth-in-sentencing law would
serve on average over 10 years in prison prior to becoming
eligible for release.
-----------------------------------------------------------------
7 States reported an average percent of sentence served above 85%
-----------------------------------------------------------------
Violent offenders sentenced and released under
truth-in-sentencing requirements are serving a large portion of
their sentence. For Part 1 violent offenders sentenced under a
truth-in-sentencing law and released during 1997, seven States
reported an average percent of sentence served above 85%
(Arizona, Connecticut, Delaware, Minnesota, Ohio, North Dakota,
and Virginia). An additional 3 States reported an average
percent of sentence served between 70% and 80% (Florida,
Massachusetts, and South Carolina).
As the number of offenders sentenced under truth in sentencing
continues to grow, the national average percent of sentence
served by violent offenders should also continue to increase.
Because truth-in-sentencing laws are relatively recent, however,
the majority of offenders sentenced under them will not be
released from prison for many years. Statistics based on current
release data may underestimate changes in time served due to
truth in sentencing.
-----------------
Methodology
-----------------
The National Corrections Reporting Program (NCRP) collects
individual level data for persons admitted to and released from
State prisons and offenders exiting parole supervision, by
calendar year. The data cover prisoners admitted to or released
from custody regardless of the jurisdiction where the prisoner
was sentenced. While NCRP collects data on all offenders, this
report includes data on prisoners with a total sentence of more
than a year.
The NCRP datasets are available from the National Archive of
Criminal Justice Data at the University of Michigan and can be
downloaded via the Internet. A code book, explanatory notes, and
sample SPSS and SAS statistical setup files are included with
each dataset. The datasets for 1983 through 1995 are also
available on a series of eight CD ROMs.
Caution should be used for year-to-year comparisons of NCRP data
to account for differences based on State participation and
valid data reported. Variations in the ability of a State to
report certain variables (such as sentence length and minimum
time to be served) and in definitions used by participating
jurisdictions are reported in the explanatory notes.
NCRP participating States
The number of jurisdictions reporting data varies from year to
year. In 1996 admissions and releases were reported by the
following 37 States and the California Youth Authority:
Alabama, Arkansas, California, Colorado, Florida, Georgia,
Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland,
Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada,
New Hampshire, New Jersey, New York, North Carolina, North
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina,
South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West
Virginia, and Wisconsin. Except Florida and Maine, these States
and Massachusetts also reported in 1990.
Estimating the admission and release rates by offense
The admission and release rates for sentenced prisoners under
State jurisdiction by offense were estimated using the yearend
custody population derived through the forward and backward
estimation procedure outlined in BJS report Prisoners in 1996
(NCJ 164619). Data from the BJS State and Federal inmate
surveys, conducted in March 1986 and August 1991, were used to
estimate a custody population by type of offense for each year
from 1986 through 1996.
To obtain the base year jurisdiction population, the proportion
of the estimated 1989 and 1995 custody numbers by type of
offense was applied to the sentenced jurisdiction population
from the National Prisoners Statistics (NPS) collection. For
the 1990 and 1996 admissions and releases, the offense
distribution (in percentages) from NCRP were multiplied by the
total number of admissions and releases of sentenced prisoners
reported in NPS. The final estimates of the number of inmates
by offense for 1990 and 1996 were calculated by adding
admissions and subtracting releases from the 1989 and 1995
yearend jurisdiction estimates.
The admission rate was calculated by dividing all admissions
during the year by the yearend population of the preceding year.
The rate of release was calculated by dividing the number of
inmates released during the year by the number in prison at the
beginning of the year plus the number admitted during the year.
Truth-in-sentencing reform
BJS contacted each State for verification of all
truth-in-sentencing State-level references in this report.
Truth-in-sentencing laws vary from State to State on effective
date, offenses covered by the law, and percent of sentence
required to be served prior to release, among other
requirements. The Violent Offender Incarceration and Truth in
Sentencing Incentive grants program provided State-validated
sentence length and time served data. All 50 States reported
data on admissions and releases with a common definition of Part
1 violent offenses.
Weighted averages were used to calculate the average sentence,
time served, and percent of sentence served from State-level
VOI/TIS data. A weighted average for time served is calculated
by multiplying the mean time served for each State by the number
of releases in the State. The results were summed and divided
by the total number of releases.
------------------------
Definition of terms
------------------------
New court commitments -- persons entering prison directly from a
sentence by a court and not from an unsuccessful period of
community supervision (parole). Includes new court admissions,
probation revocations, and admissions after the imposition of a
suspended sentence.
Violent offenses -- Crimes involving personal injury, threat of
injury and theft of property or attempted theft by force or
threat of force. Includes murder, manslaughter, rape, other
sexual assault, robbery, assault, extortion, intimidation,
criminal endangerment, child abuse, and other offenses involving
confrontation, force, or threat of force.
Maximum sentence length -- the sentence for the most serious
offense, as determined by the offense with the longest
sentence. Whenever a sentence had both a minimum and a maximum
term, the maximum was used to define the sentence length.
Total sentence length -- the longest time that an offender could
be required to serve for all offenses.
Minimum time to be served -- the jurisdiction's estimate of the
shortest time that each admitted prisoner must serve before
becoming eligible for release. Factors used in this estimate
include minimum sentence length, good-time credits, earned-time
credits, parole eligibility requirements, and early release
requirements and allowances.
Life sentence -- any prison sentence with a fixed or maximum
term of life in prison, regardless of the possibility of parole.
First release from prison -- anyone released for the first time
on the current sentence. Excluded from first releases from
prison are persons who had previously been conditionally
released from prison for the same offense and then were returned
to prison for violating the conditions of that release.
Subsequent release from prison -- persons released from prison
after having been admitted to prison for a violation of parole
or other conditional release.
Conditional release -- anyone released from prison into
community supervision with a set of conditions for remaining on
parole, which, if violated, can cause the person to be returned
to prison. This subsequent incarceration can be for any of the
remaining portion of the sentence the inmate may have on the
current offense.
Unconditional release -- anyone released from any further
correctional supervision who cannot be returned to prison for
any remaining portion of the sentence for the current offense.
Total time served -- calculated by adding the average time spent
in prison and the average time spent in jail.
---------------
References
---------------
Association of Paroling Authorities, International. 1997 Parole
Board Survey. St. Louis, Missouri: APAI Publications, May 1998.
Blumstein, Alfred and Allen J. Beck. "Factors Contributing to
the Growth in U.S. Prison Populations," in Crime and Justice: A
Review of Research on Corrections, Michael Tonry and Joan
Petersilia, eds. Chicago, Illinois: University of Chicago
Press, forthcoming (1999).
Beck, Allen J. and Lawrence Greenfeld. Violent Offenders in
State Prison: Sentences and Time Served. BJS Selected Findings,
NCJ 154632, July 1995.
Bureau of Justice Assistance. 1996 National Survey of State
Sentencing Structures. Washington, D.C.: NCJ 169270, September
1998.
The National Assessment of Structured Sentencing.
Washington, D.C.: NCJ 153853, February 1996.
Corrections Program Office, Office of Justice Programs. Violent
Offenders and Truth-In-Sentencing Incentive Grants: Program
Guidance and Application Kit. FY98. Washington, D.C.: U.S.
Department of Justice, 1998.
Gilliard, Darrell and Allen J. Beck. "Prisoners in 1997," BJS
Bulletin, NCJ 170014, August 1998.
General Accounting Office. Truth in Sentencing: Availability of
Federal Grants Influenced Laws in Some States. Washington,
D.C.: U.S. Congress, GAO/GGD-98-42, February 1998.
National Center for State Courts. Sentencing Digest, Examining
Current Sentencing Issues and Policies. Williamsburg, Virginia:
NCSC Publications, Number R-204, 1998.
National Institute of Corrections. State Legislative Actions on
Truth in Sentencing. Washington, D.C.: U.S. Department of
Justice, NCJ 157895, May 1995.
Tonry, Michael, ed. Crime and Justice, A Review of Research.
Chicago, Illinois: University of Chicago Press, 1992.
Wicharay, Tamasak. Simple Theory, Hard Reality: The Impact of
Sentencing Reforms on Courts, Prisons, and Crime. New York:
State University of New York Press, 1995.
The Bureau of Justice Statistics is the statistical agency of
the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is
director.
BJS Special Reports address a specific topic in depth from one
or more datasets that cover many topics.
Doris James Wilson and Paula M. Ditton wrote this report under
the supervision of Allen J. Beck, Ph.D. Tom Bonczar provided
statistical review. Tom Hester edited the report, assisted by
Tina Dorsey. Marilyn Marbrook, assisted by Yvonne Boston and
Jayne Robinson, prepared the report for publication.
Tammy Anderson, Elizabeth K. Griffin, Marc Roemer, and Laarni
Verdolin, Demographic Surveys Division, U.S. Bureau of the
Census, carried out data collection and processing under the
supervision of Kathleen P. Creighton and Gertrude B. Odom. Ruth
Breads and Dave Pysh under the supervision of Stephen T.
Phillips provided programming assistance for data processing.
These affiliations date to the time of the data collection.
January 1999, NCJ 170032
This report in portable document format and in ASCII, its
tables, and related statistical data are available at the BJS
World Wide Web site:
http://www.ojp.usdoj.gov/bjs/
The data from the National Corrections Reporting Program, 1996
can be obtained from the National Archive of Criminal Justice
Data at the University of Michigan, 1-800-999-0960. The archive
can also be accessed through the BJS web site. When at the
archive site, search for data set ICPSR 2017.
RCK 1/8/99
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