McHenry Times

Most criminal sentences to the Illinois Department of Corrections (IDOC) are not nearly what they appear to be. For example, a judge sentencing a defendant, who had been jailed pretrial for one year, to a term of five years in IDOC is a borderline Orwellian abuse of language. At most, the amount of time such a defendant would actually serve is one year, and perhaps far less. In addition to receiving credit for any time served in jail, pursuant to 730 ILCS 5/3-6-3(a)(2.1), all prisoners not subject to Truth-In-Sentencing (TIS) receive “day-for-day credit” or “one day of credit for each day of his sentence.” In other words, an inmate need only serve half of their sentence, and this sentence credit applies whether the inmate behaves himself or not.

In addition to day-for-day credit, defendants are routinely awarded six-month reductions after serving 60 days pursuant to section 5/3-6-3(a)(3). Participating in IDOC educational programs; earning a high school, associate’s, or bachelor’s degree; or engaging or having had engaged in substance abuse treatment also allows prisoners to receive further significant reductions in their sentences.

So, after the state’s attorney’s office issues a press release trumpeting its stiff five-year sentence, the judge burnishes his reputation in the community for resolve, legislators appear to have designed a justice system responsive to the public’s expectations, and the victim leaves the courthouse thoroughly confused on the release date. The defendant is back on the street in a few months.

Sentence credits are a form of criminal inflation. Sentences imposed by judges entrusted with and in the best position to issue those sentences are devalued, trust in the criminal justice system is eroded, and the people responsible avoid any accountability.

TIS laws passed without a single dissenting vote in 1997 require defendants convicted of catastrophic and deadly offenses (e.g., murder, attempted murder, child rape, drunk driving resulting in death) to serve all or most of their sentence. TIS does not apply to minor offenses, most drug offenses, or property offenses. More than 90% of inmate admissions subject to TIS were sentenced for Class M (i.e., murder) or Class X felony offenses (i.e., serious offenses not involving murder).

If TIS does anything, it tells the truth! It forces government actors out from behind arcane regulations into an open public space where they must speak plainly; where five years means five years and five years does not mean three months. Where prosecutors and judges cannot shrink through equivocation from forthrightly redressing heinous acts. Where legislators cannot imperviously pursue criminal justice legislation wildly out of step with their constituents' expectations on behalf of ideologically driven special interests who pretend to speak on behalf of certain constituencies.

Simply rehabilitating an offender into a law-abiding citizen does not achieve justice. For example, Derek Chauvin would not by any metric have been a recidivism risk yet he was sentenced to a lengthy prison term. Justice always demands something more than mere rehabilitation. A sentence must also further practical interests in deterring others, incapacitating offenders, and securing restitution.

More importantly, a sentence must convey reality about crime or constitute retribution. Retribution does not mean revenge but reflects moral agents' understanding that consequences derive meaning from behavior as moral agents and as a body politic.

Consider cases from McHenry County:

Defendant #1: In 2009 lured a homeless man under false pretenses and brutally murdered him before fleeing. Sentenced to 30 years but could be released this year under HB 5219 at age 39.

Defendant #2: Between 2004-2008 raped teenage nieces leading one girl attempting suicide by drinking Draino. Sentenced to 25 years but could be released next year under HB 5219.

Defendant #3: High on heroin caused fatal crash then fled jurisdiction before being caught by U.S Marshals. Sentenced ten years but could have been released by now under HB 5219.

Research shows TIS laws can reduce recidivism rates effectively while deterring crime significantly according University Florida State study finding reduced probability recidivism regardless time served incarcerated greatest reduction among repeat offenders corroborated United States Sentencing Commission findings length incarceration decreases likelihood recidivism violent recidivism reduced nearly twenty percent Virginia implementation similar California enhancements serious crimes leading ten percent reduction covered crimes relative unaffected ones

While true increased prison costs extending stays recidivism costly estimated average event Illinois costing approximately $151000 higher violent offenses intangible emotional lifetime costs victims catastrophic crimes estimated between $13 billion endured Illinois recidivism costs recent years despite increase incarceration consistent historical trends predating passage

Discussion should transcend cost-analysis focusing instead inherent injustice proposed reforms imposing undue burden vulnerable populations unable shield themselves adverse consequences bad policy decisions

Thank you for consideration.

Sincerely,

Patrick Kenneally

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