NCJ Number
73374
Date Published
1979
Length
17 pages
Annotation
Possible impact on sentence length and time served in prison is examined for sentencing provisions of major criminal code reform legislation of the 95th Congress.
Abstract
All three bills considered by the 95th Congress call for several radical departures from existing sentencing procedures. H.R. 6869 and H.R. 2311 would maintain parole release but would eliminate statutory good time. S. 1437 would maintain both parole release and statutory good time, though not in the same form as under current law. The data source was 20 percent sample of all Federal offenders sentenced to prison in fiscal year 1974. Results showed an estimated overall decrease from current law in average maximum sentences imposable under all three bills--a 17.5 percent decrease under H.R. 6869, a 52.7 percent decrease under H.R. 2311, and a 30.8 percent decrease under S. 1437. By applying different assumptions about what may occur in sentences actually imposed as a result of statutory change, a range of possible sentences under each of the bills was developed. Under the assumption that sentencing practices would continue to approximate current practices, the range of average imposed sentences under H.R. 6869 was estimated to be from 86 to 90 percent of average imposed sentences under current law; the range under H.R. 2311 would be from 47 to 67 percent; and the range under S. 1437 would be from 72 to 86 percent; however, under the assumption that sentencing practices would be modified to reflect the amount of time currently served in prison, the range of average imposed sentences under S. 1437 was estimated to be from 31 to 39 percent of average imposed sentences under current law. The elimination of good time by H.R. 6869 was estimated to result in a total increase of 1712.9 man-years served in prison, an estimated 6.3 percent increase. The almost total elimination of parole and the reduction in available statutory good time under S. 1437 was estimated to lead to a 62.8 percent to 92.8 percent increase in prison man-years, based on sentencing assumptions closely approximating current practices, and to a 6.3 to 27.7 decrease, based on sentencing assumptions closely approximating the current amount of time served in prison. Tabular data are provided.