NCJ Number
38404
Date Published
1976
Length
53 pages
Annotation
CRITICAL ANALYSIS OF THE ILLINOIS CRIMINAL CODE, SPECIFICALLY THE SYSTEM OF INDETERMINATE SENTENCES, BASED ON A SEVEN-MONTH STUDY OF THE ADULT CORRECTIONAL SYSTEM IN ILLINOIS, PLUS PROPOSALS FOR CHANGE.
Abstract
IN THE REPORT, THE SUBCOMMITTEE CRITICIZES INDETERMINATE SENTENCING AS 'AN OBSTACLE TO REHABILITATION', SINCE IT OFTEN COERCES INMATES INTO PARTICIPATING IN TREATMENT PROGRAMS, WITHOUT SIGNIFICANT RESULTS. THE SYSTEM IS ALSO FAULTED FOR THE UNCERTAINTY IT CAUSES ON THE PART OF PRISONERS AS TO THE LENGTH OF THEIR SENTENCES, JUDICIAL SENTENCING DISPARITIES, AND PAROLE/PARDON BOARD DISCRETIONARY DECISIONS. THE SUBCOMMITTEE RECOMMENDS THAT THE JUDICIARY COMMITTEE STUDY THE POSSIBILITY OF INSTITUTING A SYSTEM OF DETERMINATE SENTENCES FOR FELONIES IN ILLINOIS. THE SUBCOMMITTEE'S DRAFT PROPOSAL, WHICH COMPRISES THE BULK OF THIS SUMMARY REPORT, REQUIRES A PREDETERMINED SENTENCE FOR ALL OFFENDERS SENT TO PRISON AND SPECIFIC RANGES OF SENTENCES WITHOUT PAROLE. IT ALLOWS FOR AGGRAVATING OR MITIGATING CIRCUMSTANCES WITHIN THE RANGES OF EACH INDIVIDUAL CASE, DOUBLING THE MAXIMUM SENTENCE FOR HABITUAL OFFENDERS, AND A SENTENCE CREDIT SYSTEM FOR EACH DAY OF GOOD BEHAVIOR. THE SUBCOMMITTEE ALSO PROPOSES THAT SENTENCING JUDGES BE REQUIRED TO STATE REASONS FOR SELECTING THE SENTENCING IMPOSED.