NCJ Number
67649
Date Published
1979
Length
48 pages
Annotation
THE IMPACT OF THE 1978 DETERMINATE SENTENCING LAW NEWLY ENACTED IN THE STATE OF ILLINOIS IS ASSESSED IN RELATION TO A NUMBER OF DESCRIPTIVE VARIABLES, STATISTICALLY TABULATED, FOR THE 1978-1979 PERIOD.
Abstract
AFTER MENTIONING THREE OTHER STATES WHICH NOW HAVE DETERMINATE SENTENCING LAWS (I.E., MAINE, CALIFORNIA, INDIANA), THE REPORT PREDICTS THAT DETERMINATE SENTENCING CAN BE EXPECTED TO LESSEN INMATE UNREST AND VIOLENCE, OFTEN CAUSED BY UNCERTAINTY OVER RELEASE DATE, AS WELL AS BY ANGER OVER EARLIER RELEASES OF OTHER INMATES WITH SIMILAR CRIMES. THE NEW DETERMINATE SENTENCING LAW CREATES A NEW OFFENSE CLASS (CALLED CLASS X) WHICH INCLUDES ARMED ROBBERY, AGGRAVATED KIDNAPPING FOR RANSOM, RAPE, DEVIATE SEXUAL ASSAULT, HEINOUS BATTERY, AGGRAVATED ARSON, ARMED VIOLENCE WITH A FIREARM, KNIFE OR SIMILAR WEAPON, LARGE CONTROLLED SUBSTANCE TRANSACTIONS, MAJOR CONSPIRACIES TO COMMIT CONTROLLED SUBSTANCE OFFENSES, TREASON, HOME INVASION, AND TERRORISM. THE LAW ALSO DEFINES HABITUAL OFFENDERS. IT PROVIDES FOR ALTERNATIVES TO INSTITUTIONALIZATION UNDER WELL-DEFINED CONDITIONS AND FOR PERIODS DETERMINED UNDER THE LAW. MURDER AND CLASS X OFFENSES CAN NEVER ALLOW FOR PROBATION OF PERPETRATORS. THE LAW ALSO ESTABLISHES A CRIMINAL SENTENCING COMMISSION TO MONITOR THE TRANSITION TO DETERMINATE SENTENCING, DEVELOP SENTENCING GUIDELINES, AND ASSESS THE IMPACT OF THE NEW LEGISLATION. THE REPORT CITES AS EFFECTS OF THE LAW, AN INCREASE IN RATE OF CONVICTIONS, AN INCREASE IN IMPRISONMENT RATES, A DROP IN THE USE OF PROBATION, AND LONGER DETERMINATE SENTENCES IMPOSED BY THE COURTS. ALSO PREDICTED ARE LONGER PRISON TERMS FOR SERIOUS OFFENSES, SHORTER SENTENCES FOR LESSER CRIMES, AND A SLIGHT INCREASE IN THE NUMBER OF INCARCERATED OFFENDERS. NUMEROUS TABULAR DATA ARE INCLUDED IN THE TEXT AND GRAPHS ARE APPENDED.