Legislative Action Special Section
Steps taken
to manage
prison
overcrowding
By BEVERLEY SCOBELL
Major legislation was passed
allowing greater flexibility in
the state's efforts to deal with
its overcrowded prisons. All rolled into
SB 956, the changes evolved from the
year-long study by the Governor's Task
Force on Crime and Corrections. The
bill was passed on the premise that the
Illinois Department of Corrections
(IDOC) needs more room to maneuver
in its management of its 33,500 inmates
in a system designed for 22,000.
IDOC officials say that this measure
will allow them to control, without incarcerating in prison, approximately
6,300 offenders of the projected 10,000
population growth over the next four
years. This legislation does not address
prison overcrowding per se. It allows
IDOC to free up beds by moving two-thirds of those expected to overcrowd
the system into less expensive means of
control: boot camps and electronic detention and greater incentives — reductions in sentences — to more inmates
who participate in more rehabilitation
programs. It also authorizes building a
super-maximum security prison for the
worst-of-the-worst inmates, even
though Gov. Edgar originally opposed
any more prison building.
Some but not much discretion was
granted to judges on alternatives to
probation. No changes, however, were
made in Illinois' mandatory sentences
tied to specific crimes. In the last 20
years, lawmakers have added more
crimes to the categories carrying longer
sentences.
If anything, this legislation begs further action on the part of the General
Assembly to accommodate the other
3,700 inmates projected to enter a prison system with no place to put them.
The system will fall short by 3,700 beds
even with the legislation's authorization
of the 500-bed super-max prison and
the expansion of three existing and
overcrowded prisons to hold another
1,344 inmates (two per prison cell).
Maneuvering the legislation to passage was predictable. Speaker Michael
J. Madigan (D-22, Chicago) wanted the
task force recommedations in the final
end-of-session budget stew, mainly because the controversial and expensive
union-backed super-max prison was
not part of the Senate version. The
Edgar-backed Senate bill was introduced by Sen. Carl E. Hawkinson (R-47, Galesburg) and breezed through the
Republican-dominated Senate with a
unanimous vote in mid-April. Politics
as usual stalled it in the Democratic-controlled House, even though it was
pushed for early passage by Rep. Tom
Homer (D-91, Canton), cosponsor of
the bill and a member along with Hawkinson of the governor's task force.
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Expanded sentencing laws keep
putting more Illinoisans in
prison for longer terms, pressing
precious state resources to
educate and train them in
prisions rather than in school
and in real jobs
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In one last goad of the two-decade-old tough-on-crime political refrain,
Speaker Madigan agreed to back the
House version even though it "would
allow 2,500 convicts back on the street
early."
Criminologists and prison watchdogs
agree that such posturing by the speaker may get legislators elected, but it is
also one of the main reasons the General Assembly had to pass SB 365. Expanded sentencing laws keep putting
more Illinoisans in prison for longer
terms, pressing precious state resources
August & September 1993/Illinois Issues/5 7
to educate and train them in prisons
rather than in schools and in real jobs.
In the last half-hour of June 30, the
House passed the amended bill with the
$60 million super-max included by a
82-30 vote. Once all
the session deals
were settled, the
Senate concurred
55-1 on July 12.
The governor signed the bill into law
August 11, predicting that these
changes would
"dramatically reduce the number of
repeat offenders by
encouraging them
to acquire job skills
and kick their drug
habits so they will
be productive, law-abiding citizens when they return to
society." The bill was effective immediately.
Here are details of the provisions designed to meet the governor's task force
recommendations.
• Expands "boot camps." The pool
of offenders eligible for IDOC's Impact
Incarceration Program, usually called
"boot camps," is broadened. The original
criteria limited participation to nonviolent offenders between ages 17 and 29,
sentenced to prison for the first time and
for five years or less. The new criteria
expands the age to 35 and the allowable
sentence length to eight years. It also
permits second-time felony offenders to
participate, provided they had not participated in a boot camp before.
• Expands good-conduct credit for
rehabilitation programs. For every day
in education classes, inmates will earn
one-half day credit off their sentence
instead of one-fourth day. Inmates can
now further reduce their sentences by
attending drug and alcohol treatment
programs and by participating in prison
industries; the rate is one day for every
two days in attendance.
Inmates convicted of second degree
murder are now eligible to earn good-conduct credits, while another category
of inmate was added to the ineligible list
— inmates back in prison after two or
more prior felony sentences. Still ineligible are inmates sentenced for first degree
murder or a Class X felony (solicitation
of murder for hire, drug-induced homicide, aggravated battery of a child, various drug offenses, etc.).
• Expands electronic home detention.
The system of monitoring offenders at
home by means of an electronic ankle
bracelet can now be used for some Class
X and Class 1 felons during the last 90
days of their sentences, provided the
court has not prohibited it in the sentencing order. Previously residential burglary
was the only exception among Class X
and Class 1 felons.
Specifically targeted for electronic
home detention are older inmates (age
55 and older) convicted of Class X and
Class 1 felonies and having served at
least one-quarter of their sentence. They
are eligible only during the last 12
months of their sentence provided the
Prisoner Review Board approves.
Class X and Class 1 offenses excluded
from electronic home detention consideration are first degree murder, escape,
aggravated criminal sexual assault, criminal sexual assault, aggravated battery
with a firearm, bringing into or possessing a firearm in a penal institution and
various drug offenses.
• Building a super-max prison. Supported by AFSCME, the union representing correctional officers, and a bipartisan group of legislators, construction of
a 500-bed super-max prison did not gain
Gov. Edgar's support until early June. By
August, when he signed SB 956, Edgar
reported that communities around the
state were bidding for the chance to be
the site for the $60 million prison. Applications are due at IDOC by September
15. The governor estimates two years
® 1993 The State Journal Register, Springfield, Illinois
No action on reducing
mandatory sentences for
residential burglary
Not dealt with this session was the
governor's task force recommendation on changes to sentencing for residential burglary. While many Class 1
felonies are probational, residential
burglary is not. It carries a mandatory
prison sentence of four to 15 years. Statistics compiled by the Department of Corrections show that 18 percent of inmates admitted to prison for
residential burglary between July 1,
1990, and January 31, 1991, had no
prior felony convictions. In fiscal year
1992, the department reported 1,050
offenders were admitted to prison for
residential burglary with an average
sentence of six years. The task force
concluded that if 18 percent of those
inmates could have received probation,
the population reduction achieved after
the second year could reach 378, saving approximately $1.2 million.
A second change in sentencing recommended by the task force would
make consecutive sentences optional
rather than mandatory in certain circumstances, allowing judges to put
first-time residential burglars in
community-based programs such as
electronic detention, intensive probation or other alternative sanctions.
The Illinois Criminal Code has
been amended over the last two decades to require that certain drug
sentences, even for relatively minor
offenses, be imposed consecutively.
The task force offered this example as
a rationale for changing the laws: "An
addict arrested for possession of a
small amount of drugs, who is placed
on bond (because the jail is overcrowded) while awaiting trial (without any treatment for the addiction)
and who then commits another minor
property or possession crime to support his or her addiction, must be
sentenced to serve consecutive sentences for both the second crime committed and a bail bond violation. In
this fashion, minor offenses frequently
compound themselves into mandatory
eight-, nine- or ten-year sentences."
Beverley Scobell
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58/August & September 1993/Illinois Issues
for construction, and then an annual
operational budget of $15 million with
300 staff.
Why build the prison? Supporters
argued it allows the management of
"dangerous and predatory" inmates in
one facility. The other prisons are then
more likely to succeed with rehabilitation efforts: educational and vocational classes, drug and alcohol treatment,
and job skills learned in correctional
industries. A lockdown precipitated by
a violent attack on an officer or another inmate interrupts all productive
work.
Opponents argued that the new prison will do nothing to curb violence at
other prisons, that new gang leaders
will take the place of those removed to
the super-max. Opponents also point to
abuses in other super-max prisons in
California and Indiana and the federal
version in Marion. Mike Mahoney of
the John Howard Association says the
state could control its violent population better and more cheaply by using a
model similar to that in Michigan that
uses six levels of sanctions and privileges, as opposed to the three in Illinois
(minimum, medium and maximum).
One more level, the super-max, is not
enough to manage the problem, yet it
will consume resources that could be
used better, he says.
• Adding court flexibility. Along
with increasing the pool of nonviolent
offenders eligible for prison alternatives
such as boot camp and electronic detention, the law authorizes judges to order
other conditions of probation, such as
fines, public service or restitution when
also ordering substance abuse or alcohol treatment. Also a sentencing court
can now correct an improper sentence,
perhaps eliminating the need for someone to sit in jail while waiting out an
appeal.
One change in the law that was not a
recommendation of the task force increases the penalty for assaults on correctional officers, from a Class A misdemeanor (one year/$ 1,000) to a Class
IV felony (one to three years/$ 10,000).
(This language is expanded in SB 483,
sponsored by Sen. Hawkinson, to include all correctional employees.)
Expect the debate between crime and
punishment, costs of punishing and costs
of rehabiliting to go on endlessly. *
August & September 1993/Illinois Issues/59
Legislative Action Special Section
Miscellany
A long with all the mundane, one bill
that garnered the governor's signature
has drawn its share of snickers. It's the
new headlight-windshield wiper law,
effective January 1, requiring motorists
to turn their cars' headlights on when
driving conditions warrant the use of
windshield wipers. Those who don't
comply could face a $75 fine. Illinois is
not the only state that has enacted such
legislation, which State Police here
have supported as a way to increase
road safety during rainy weather and
other hazardous driving conditions.
Nonetheless, the law drew jokes and
groans from some who see the new law
as an example of lawmakers tackling a
trivial issue.
• One person who came out ahead in
the spring legislative session was Secy.
of State George H. Ryan. He pushed a
myriad of bills on high-profile issues —
from ethics reform to carjacking —
several of which were successful.
Among Ryan's pet measures signed
by Gov. Jim Edgar was the "live and
learn" proposal. Under the new law,
libraries will get nearly $19 million in
new state funds — partly to offset cuts
made last year. The law also increases
fees for license plate transfers to $12
from $2 and vehicle title charges to $ 13
from $5. Two million dollars will go
toward promoting organ and tissue donation in Illinois.
Also signed by Edgar was a measure
that shields driving and vehicle records
from much of the public. Under the new
law, such information only will be released to people with specific business-related needs for the information. People can ask that personal information be
withheld so they can avoid unsolicited
mailings. And people with court orders
of protection can ask that their addresses be withheld. The records generally have been open to anyone, and
businesses have been able to buy the
information.
Edgar also has signed:
• Truth-in-resume writing. A new
law makes it a criminal offense for a
teacher or certified school employee to
lie or hide his or her previous employment history when applying for a job.
• Adoption speedup. A new law
should help move adoption cases faster
through the court system by easing time
requirements on fingerprint and criminal background checks.
• A "lemon law" for homes. Similar
to requirements for selling used cars,
this law requires people selling older
homes to disclose any substantial defects that exist. The law does not apply
to new homes that never have been
occupied.
• Tough on drive-by shooters. The
new law is aimed at punishing people
who commit drive-by shootings. Someone who fires a weapon from a vehicle
can now be sentenced to up to three
years in prison; drivers face the same
penalties for letting passengers fire
weapons.
• "BUI," or "boating under the influence." Under this law, which takes
effect January 1, people convicted of
operating a boat under the influence of
illegal drugs as a misdemeanor will
have their boating privileges suspended
for a year. Those convicted at a felony
level will receive three-year suspensions.
• "Tenants' rights" legislation. Effective January 1, landlords will have to
make repairs to unsafe properties or
face injunctions filed against them by
state's attorneys. Tenants now have little leverage against landlords, say tenant advocates, as they risk eviction if
they withhold rent for repairs they pay
for.
• Rural obstetricians. The new law
allows some doctors who practice obsetetrics in rural areas to obtain state
grants toward their medical malpractice
insurance. The measure is aimed at the
dozens of primarily rural counties
where obstetric care is scarce or nonexistent.
• New Teacher Corps. The law
creates the Illinois Teacher Corps, allowing professionals and skilled
workers to teach classes in their areas
of expertise without completing traditional teacher preparation courses. Five
years of professional experience is necessary, as is a minimum bachelor's degree, decent grades and completion of
an intensive six-week course. They also
must enroll in a master's of education
program at a university. Tradespeople without bachelor's degrees but with
work experience may qualify for limited certificates to teach upper grades
part-time.
Jennifer Halperin
August & September 1993/Illinois Issues/59
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