Transcript Document

The Impact of Mandatory Supervised
Release (MSR) Violators & Time Served
on IDOC’s Population
David E. Olson, Ph.D.
&
Donald Stemen, Ph.D.
Department of Criminal Justice & Criminology
Loyola University Chicago
Presented to the
Illinois Sentencing Policy Advisory Council
Chicago, Illinois
December 1, 2011
Outline
• Mandatory Supervised Release (MSR, or “parole”)
violator admissions to the Illinois Department of
Corrections
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General trends between SFY 1989 and 2011
Impact on admissions, exits & population
Implications for policy & practice
Planned analyses over next few months
• Impact of Time Served/to Serve on IDOC population
– Trends between SFY 1989 and 2011
– Implications of jail credits, good-time credits,
meritorious/supplemental good time (MGT/SMGT)
credits, earned time credits, & truth-in-sentencing
– Planned analyses over next few months
Illinois Statutory Prison Sentence & Mandatory
Supervised Release (MSR) Lengths, by Fel. Class
Crime Class
Murder
Class X felony
Class 1 felony
Class 2 felony
Class 3 felony
Class 4 felony
Prison
+
20-60 yrs, up to Life
6-30 yrs
4-15 yrs
3-7 yrs
2-5 yrs
1-3 yrs
MSR
3 years
3 years
2 years
2 years
1 year
1 year
* Some sex offenders can be placed on lifetime supervision.
**Those released after serving a sentence for domestic battery,
stalking or violating an order of protection are required to have
MSR terms of 4 years (730 ILCS, 5/5-8-1(d)(6)
Readmission of those on MSR to IDOC
• Technical MSR Violators
– Based on violations of MSR conditions, including new
arrest, EM violations, or a combination of AWOL,
treatment non-compliance, positive urinalysis, etc.
– Varying levels of discretion as to how technical
violations are handled
• IDOC policy & legislative mandates
– Matrix used by Parole Division of IDOC balances
severity of violation with sanctions imposed
• New Sentence MSR Violators
– Court decision based on new conviction for new
offense, but potentially influenced by how new arrests
are responded to by Parole Division
Fluctuations in the number & rate of MSR
Technical Violators returned can be due to …
• Changes in number of people on MSR
• Changes in staffing of IDOC’s Parole Division
• Changes in probability of those on MSR to be rearrested
for a new crime (police crackdowns or changes in police
practice/policy);
• Changes in the number & nature of MSR conditions
(treatment, EM, urinalysis, etc);
• Changes in IDOC policy regarding how purely technical
violations are handled;
• Changes in Illinois law regarding when IDOC must issue
warrant/return as violator due to new arrest
Readmission of those on MSR to IDOC
• Technical MSR Violators
– Violates the conditions of MSR
• new arrest, EM violations, or a combination of AWOL,
treatment non-compliance, positive urinalysis, etc.
– Depending on severity of violation or legislative
requirement, parole officer issues warrant for return to
IDOC as a violator or increases requirements of
releasee
• Returned to IDOC (readmitted as MSR violator)
• Case reviewed by Prisoner Review Board
• Can remain in IDOC for up to remaining duration of MSR, minus
day-for-day good time
• Released from IDOC to serve remaining MSR time, or released
outright (“discharged”) if held until end of MSR period
Trends in the MSR Population and Number of
Parole Agents in Illinois, by State Fiscal Year
Doubling of number of
individuals on MSR
Caseloads averaged ~400
Source: Analyses of IDOC data by Olson & Stemen
Trends in Re-Admissions of Those on MSR to
IDOC, by Type & SFY
Moderate inverse
correlation (-.42 to -.45)
Layoffs of
parole agents
Source: Analyses of IDOC data by Olson & Stemen
Sample of MSR Technical Violators
Examined by IDOC
• Week of 8/29/11 to 9/4/11
• Total of 267 returned to IDOC as technical
MSR violators
– New offense/arrest (130) (49% of total)
– Purely technical (PT) (137) (51% of total)
• “Gate violator” (89—65% of PT, 33% of total)
• EM violator (38—27% of PT, 10% of total)
• Other violators (10—7% of PT, 4% of total)
Analyses performed by Sharon Shipinski, Ph.D.,
IDOC Parole Division
Impact of Technical MSR Violators on IDOC
Admissions, Exits and Year-End Population
Source: Analyses of IDOC data by Olson & Stemen
Technical MSR Violators as a Percent of Illinois’
Adult Prison Admissions, Exits & Population
Source: Analyses of IDOC data by Olson & Stemen
Technical MSR Violators Released from
IDOC, by Felony Class
Source: Analyses of IDOC data by Olson & Stemen
Length of Stay & Mechanism of Release
• The maximum amount of time those returned to IDOC as
technical MSR violators can be held is the remaining
time on their MSR, minus day-for-day good conduct
credit (if eligible)
– If 1 year of MSR and returned after 6 months, can be held
up to 3 months (remaining 6 months minus 3 months of
day-for-day good conduct credit)
• If held in IDOC until the end of their MSR (i.e., the
maximum amount of time), they must be released and
discharge from IDOC custody (i.e., are not supervised on
MSR upon their release)
• If released before end of their MSR, they are released
back onto MSR for the remaining time.
Trends in the Median Length of Stay in IDOC
Among Released Technical MSR Violators
Source: Analyses of IDOC data by Olson & Stemen
Median Number of Days
Class 3 & 4 Felonies
Trends in Median Length of Stay for Released Technical
MSR Violators, Murder & Class X vs Class 3 & 4
Source: Analyses of IDOC data by Olson & Stemen
Trends in Types of Release Among
Technical MSR Violators Exiting
Source: Analyses of IDOC data by Olson & Stemen
Percent of Technical MSR Violator
Exits, by Type of Release
Source: Analyses of IDOC data by Olson & Stemen
Percent of Technical MSR Violator Exiting to
MSR, by Felony Class
Source: Analyses of IDOC data by Olson & Stemen
Technical MSR Violators as a Proportion
of Total Admissions, Exits & Population
• Since the late 1990s, technical MSR violators have
accounted for an increasing proportion of IDOC
admissions, exits and end-of-the-year population
– Although technical MSR violators account for a
relatively large proportion of admissions (34% in SFY
2011), they also account for a large proportion of
releases (32% in SFY 2011), have much shorter lengths
of stay than court sentenced inmates, and therefore
account for a relatively small proportion of the total
population (11% in SFY 2011)
Technical MSR Violators
• Relatively wide fluctuations in the length of stay
for technical MSR violators returned to IDOC
were seen during the period examined, overall
and across different felony classes;
• Fluctuations in the proportion of technical MSR
violators released back onto MSR/discharged
overall and across felony classes;
– The majority of Class 1 through 4 felons released
after being returned on technical MSR violations
during the period examined were discharged
(i.e., not subject to MSR)
Next Steps in Looking at Technical MSR
Violators
• Work with IDOC to select another representative
sample of technical MSR violators returned to
IDOC and examine in more detail the timing and
reasons for their return
– Legislatively required, IDOC policy, discretionary
• Review existing public documents, and conduct
interviews with IDOC staff, to identify shifts in
policy and practice that may explain changes in
the number/rate of MSR technical violators
returned to IDOC & time served.
Drivers of the Correctional Population
• Changes in admissions
– SPAC has concluded part of this has been due to
changes in crime and arrest patterns in Illinois;
• Increased arrests & admissions for drug & violent crimes in
during 1990s
– SPAC has concluded part of this has been an
increased proportion of convicted felons receiving
prison sentences
– SPAC has concluded part of this has been due to an
increasing proportion of the IDOC population
accounting for non-probationable offenses;
– Changes in the admissions of MSR violators
and length of time served for violations;
Drivers of the Correctional Population (Cont)
• Changes in time served/exits
– SPAC has concluded that the time served for those
released from prison for serious offenses has
increased;
– Possible changes in lengths of sentences imposed by
the courts;
– Possible changes in the amount of jail credit received
towards prison sentences;
– Possible changes in the awarding of various good
conduct credits
• MGT, SMGT, EGCC
– Possible changes in the proportion of sentences
that must be served (i.e., TIS)
Growth in Illinois’ Adult Prison Population
Source: Analyses of IDOC data by Olson & Stemen
Violent Offense Court Admissions: Admissions, Exits
and End of Year Population
Source: Analyses of IDOC data by Olson & Stemen
Violent Offenses: Percent of Total Court
Admissions, Exits and End of Year Population
Source: Analyses of IDOC data by Olson & Stemen
Average Sentence Length & Time Served in IDOC
by Inmates Released After Court Admissions for
Violent Offenses
Source: Analyses of IDOC data by Olson & Stemen
Percent of Sentence Served in IDOC by Inmates
Released After Court Admissions for Violent
Offenses
Source: Analyses of IDOC data by Olson & Stemen
Class X Felony Court Admissions: Admissions,
Exits and End of Year Population
Source: Analyses of IDOC data by Olson & Stemen
Class X Felony Court Admissions: Percent of Total
Court Admissions, Exits and End of Year Population
Source: Analyses of IDOC data by Olson & Stemen
Average Years
Average Sentence Length & Time Served in IDOC
by Inmates Released After Court Admissions for
Class X Felonies
Source: Analyses of IDOC data by Olson & Stemen
Percent of Sentence Served in IDOC by Inmates
Released After Court Admissions for Class X
Felonies
Source: Analyses of IDOC data by Olson & Stemen
Class 4 Court Admissions: Admissions,
Exits and End of Year Population
Source: Analyses of IDOC data by Olson & Stemen
Class 4 Court Admissions: Percent of Total Court
Admissions, Exits and End of Year Population
Source: Analyses of IDOC data by Olson & Stemen
Average Sentence Length & Time Served in IDOC
by Inmates Released After Court Admissions for
Class 4 Felonies
Source: Analyses of IDOC data by Olson & Stemen
Percent of Sentence Served in IDOC by Inmates
Released After Court Admissions for Class 4
Felonies
Source: Analyses of IDOC data by Olson & Stemen
Sentences & Time Served
• For most serious felony classes (i.e, Class X), appears
that sentence lengths have increased, and time served in
IDOC has increased even more, resulting in a larger
proportion of the sentence being served in IDOC.
– Low number & proportion of overall admissions & exits,
but high number & proportion of population
• For the less serious felony classes (i.e., Class 4), appears
that sentence lengths have remained stable, and time
served in IDOC has also remained stable, resulting in a
similar proportion of the sentence being served in IDOC.
– High number & proportion of overall admissions & exits, but
small number & proportion of population
Next Steps: Factors that will be examined
closer to better understand drivers
• Impact of Truth-in-Sentencing
– Although only 6% of admissions in 2011 were subject
to TIS, 23% of population on June 30, 2011 was
subject to TIS
– TIS has increased the time served/time to serve
• Impact of Earned Good Conduct Credit
– Of the 20,113 sentenced inmates released in SFY
2011, approximately 10,000 were eligible for EGCC,
and only 3,132 earned 30 days or more credit. Still,
this reduced time served collectively by 923 years
Next Steps: Factors that will be examined
closer to better understand drivers (cont)
• Impact of Jail Time Credits
– Amount of pre-trial jail time credited towards
sentences have increased, and the directly reduces the
time served in IDOC
– Impact varies by felony class and crime, as well as by
region of Illinois where sentence is imposed
• Impact of Meritorious Good Time (MGT) &
Supplemental Meritorious Good Time (SMGT)
Credits
– Over the past 15 years, the use and suspension of these
credits have impacted time served and populations
Next Steps: Factors that will be examined
closer to better understand drivers (cont)
• Review existing national data, data from similar
states, on time served/projected time to serve for
specific types of offenses
• Review existing national information,
information from similar states, on policies
related to TIS, EGCC, Jail credits, and
MGT/SMGT