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.


--------------
Highlights
--------------

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.

--------------------------------------------------------
Data were compiled from multiple sources 
--------------------------------------------------------


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.


-----------------------------------------------------------------
Sentencing reforms parallel 'get tough on crime' attitude 
-----------------------------------------------------------------


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
-----------------------------------------------------------------


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).


-----------------------------------------------------------------
Most truth-in-sentencing States require offenders to serve 85%
of the prison sentence
-----------------------------------------------------------------


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.


-----------------------------------------------------------------
14 States have abolished parole board release for all offenders
-----------------------------------------------------------------

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.


-------------------------------------------------
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.

-----------------------------------------------------------------



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.


-----------------------------------------------------------------
Between 1990 and 1997 the number of offenders in State prison
increased 7% annually 
-----------------------------------------------------------------


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. 


--------------------------------------
State prison admission rates 
have dropped
--------------------------------------


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.



---------------------------------------------
Over a third of prison admissions 
in 1997 were parole violators
---------------------------------------------

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.

-----------------------------------------------------------------
The commitment rate for murder rose from 460 per 1,000 arrests
in 1990 to 613 per 1,000 in 1996
-----------------------------------------------------------------


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 commitments
                            Number of adult arrests      to State prison per 1,000 arrests

Most serious offense         1980     1990     1996         1980     1990     1996

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 details.) 




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
-----------------------------------------------------------------


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.  


-----------------------------------------------------------------
At 12 months, 57% of New  York's violent felony prison
admissions were under truth in sentencing
-----------------------------------------------------------------


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.


-----------------------------------------------------------------
In Nevada, nearly 80% of prison admissions were under
truth-in-sentencing requirements, 3 years after implementation
of the law
-----------------------------------------------------------------

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.


-----------------------------------------------------------------
Virginia estimates 100% truth-in-sentencing admissions by
yearend 1999
-----------------------------------------------------------------


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.


-----------------------------------------------------------------
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 Hispanic or

                                         Percent of new court commitments
                                      Male    Female   White*   Black*   Hispanic 

         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.
---------------------------------------------



-----------------------------------------------------------------
Nearly 7 in 10 violent offenders are in a State that requires
85% of the sentence be served
-----------------------------------------------------------------


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.  


-----------------------------------------------------------------
Offenders admitted to prison in 1996 for robbery were expected
to serve 7 months longer than in 1990 
-----------------------------------------------------------------


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 time
                                     sentence length/a          to be served/b
Most serious offense                  1990     1996               1990     1996

         All offenses                 72mo     68mo                40mo     42mo

Violent offenses                     107mo    104mo                67mo     70mo
   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     30mo
   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     32mo
   Possession                         62       51                  24       30
   Trafficking                        66       62                  33       34
  
Public-order offenses                 41mo     44mo                26mo     25mo

Number of admissions                 278417   266705              129489   128863

Note:  Includes only offenders with a sentence of more than 1 year.  Excludes sentences
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 serious 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).


-------------------------------------------------------------
Violent offenders admitted to prison in 1996 were expected to
serve about half of their sentence 
-------------------------------------------------------------


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. 


-----------------------------------------------------------------
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.
-----------------------------------------------------------------



-----------------------------------------------------------------
Truth-in-sentencing laws would increase the minimum prison term
by 15 months for violent offenders
-----------------------------------------------------------------


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 sentence              
       
Selected violent offenses          104mo        73mo        88mo     78mo     52mo
   Murder/nonnegligent manslaughter 253         214         215      190      127
   Rape                            140          72         119      105       70
   Robbery                         101          60          86       76       51
   Assault                          72          45          61       54       36

Note:  Includes only offenders with a sentence of more than 1 year.  Excludes sentences
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 prison, 1990 and 1996

                                                                                                                                                 
                             Mean maximum            Mean time served for first releases                                       Percent of        
                            sentence length/a        Jail/b                 Prison                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 detainer.  Data were reported on maximum
sentence length for 93.4% of the 227,100 first releases reported to NCRP in 1990 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*  Hispanic

         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 Other              Parole    Other
Most serious offense                     board   conditional*        board  conditional*       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                Maximum    Time       Percent of
                            Number  sentence/a   to be served       Number   sentence   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-Sentencing 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.





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