The State of Sentencing 2009
Developments in Policy and Practice
Nicole D. Porter

For further information:
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This report was written by Nicole D. Porter, State Advocacy
Coordinator of The Sentencing Project, with research support from
Ryan S. King and Ajima Olaghere.
The Sentencing Project is a national non-profit organization engaged
in research and advocacy on criminal justice policy issues.
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Copyright © 2010 by The Sentencing Project. Reproduction of this
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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

W

ith states around the nation experiencing significant fiscal crises,
legislators are increasingly interested in prioritizing available resources as
they affect how states direct scarce correctional dollars. As a result, many

states are rethinking their sentencing policies in order to develop fair and effective
approaches to strengthen public safety. Legislative initiatives to address prison
overcrowding, parole policies and sentencing alternatives are increasingly at the
forefront of state criminal justice agendas.
During 2009 state legislatures in at least 19 states enacted policies that hold the
potential to reduce prison populations and/or promote more effective approaches to
public safety.1 This report examines these initiatives in sentencing reform, death
penalty, probation and parole practices, and juvenile justice. Highlights include:
•

Three states scaled back the scope of mandatory minimum drug sentences;

•

Seven states amended probation and parole policies to expand good time and
earned time programs resulting in reducing prison sentences;

•

Four states improved juvenile justice policies, including eliminating juvenile
life without parole and modifying adult certification procedures;

•

Two states created incentive programs for local jurisdictions to reduce
probation revocations;

•

New Mexico repealed the death penalty;

•

North Carolina permitted persons sentenced to death to challenge their death
sentence by arguing that there is systemic racial bias in the way that capital
punishment is applied;

•

Four states created oversight committees or task forces to address sentencing
laws, overcrowding, and reentry services; and

1

This report is not intended to be an exhaustive collection of state criminal justice legislation and

policy reforms implemented during 2009. Rather, it is meant to highlight selected legislative and
policy developments that address critical challenges related to criminal justice.

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•

Iowa modified its sex offender law, replacing the ban on living within 2000
feet of a school or day care center, with more narrow restricted ranges
designed to more carefully target potential problem areas.

State reforms have been prompted by several factors, including the recognition that
state budgets are increasingly dominated by corrections spending. Consequently,
state policymakers have taken steps in recent years to address sentencing practices in
an effort to reduce prison populations and reprioritize limited public resources. As a
result the soaring rate of growth of incarceration has tempered in recent years.
During 2008, 20 states reported modest declines in the number of people in prison.

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KEY CRIMINAL JUSTICE POLICY REFORMS AND
LEGISLATION PASSED IN 2009
STATE
Arkansas
California
Florida
Illinois

Iowa
Kentucky
Louisiana
Maine
Maryland
Minnesota

Mississippi
Nebraska
Nevada
New Mexico
New York
North Carolina
Rhode Island
Texas
Washington

REFORM
Created a task force to study the state’s criminal justice system.
Established a funding mechanism to reward counties that succeed in reducing the
rate of adult probationers sent to prison; funding allocation based on costs avoided by
the state through reduced numbers of revocations to prison.
Revised “zero tolerance” policies.
Created a Sentencing Policy Advisory Council to examine sentencing policies and
practices; Launched Adult Redeploy Illinois which prioritizes state funding to expand
local supervision of individuals who would otherwise be incarcerated in state prisons;
provides monetary incentives to help local jurisdictions expand community-based
treatment.
Eliminated the law restricting persons convicted of sex offenses from living within
2,000 feet of a school or day care center.
Expanded in-prison treatment options for persons convicted of certain felony drug
offenses; expanded parole eligibility for persons convicted of low-level felony offenses.
Amended penalties for persons serving life sentences for heroin offenses; enhanced
“good time” policies for individuals in local jails and state prisons.
Modified penalties for certain marijuana possession offenses and eliminated the
possibility of jail time.
Restricted the death penalty to cases where the defendant’s conviction is based on:
DNA evidence, videotaped or voluntary confession, or video recording. Strengthened
employment options for persons with certain felony offenses.
Authorized sentencing without regard to mandatory minimum provisions for certain
drug offenses. Enacted statewide “Ban the Box” measure that only permits public
employers to ask job applicants about their criminal record when selected for an
interview. Required feasibility study of collecting data at different decision points in
the criminal justice system.
Expanded credit for early release programs for participation in correctional education
programs.
Established the Sentencing and Recidivism Task Force to examine the relationship
between rehabilitative programming and the rate of recidivism.
Amended sentencing provisions for controlled substance offenses; modified adult
certification policies for juveniles; revised parole eligibility for juveniles.
Repealed the death penalty.
Reformed Rockefeller Drug Laws by eliminating mandatory minimums for the first and
second offense for certain drug charges; authorized the resentencing of about 1,500
persons sentenced under the previous law.
Permitted persons sentenced to death to challenge their death sentence by arguing
there is systemic racial bias in the way that capital punishment is applied.
Eliminated mandatory minimums for certain drug possession offenses.
Enhanced the authority of the correctional agency to administer good time policy;
eliminated juvenile life without parole.
Restored voting rights for citizens who exit the criminal justice system but still have
outstanding financial obligations. Modified early release policies as a result of medical
incapacitation.

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MANDATORY MINIMUM SENTENCES
Efforts to eliminate or modify mandatory minimums at the state level were
significant developments in 2009. These sentences have contributed to the nation’s
high rate of incarceration. During the 1980s, officials at the federal and state level
broadly adopted mandatory minimum sentences, for drug crimes, resulting in the
incarceration of large numbers of low-level, nonviolent offenders. The reform
initiatives adopted in various states in 2009 range from allowing courts to sentence
without regard to the mandatory minimum to eliminating mandatory minimums for
certain drug charges.
Minnesota – Established Safety Valve for Certain Controlled Substance Abuse
Offenses
The omnibus public safety spending bill, SF 802, included provisions that allow the
court to sentence without regard to the mandatory minimum for fifth degree felony
offenses for sale or possession of controlled substances. According to State Senator
Linda Higgins:
“Our budget and agencies are at the mercy of crime and sentencing in
Minnesota. … [Prior to the measure] mandatory sentences ranged from
four years in prison for first-degree controlled substances offenses down to
six months in a local correctional facility for fifth-degree controlled
substances offenses. The change that Minnesota was able to pass allows a
court the option in some cases to sentence a 5th degree controlled
substance offender without regard to the six month mandatory minimum.
Minnesota will face another deficit this year and will be looking for
effective cost savings measures that the public will support and that
members will find the political will to endorse.”
New York – Enacted Significant Reforms to the Rockefeller Drug Laws
The sentencing reforms that were a part of budget measures AB 156/SB 56
eliminated mandatory minimums for certain first- and second-time drug offenses.
The measure expands drug treatment, alternatives to incarceration, and reentry

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services by investing resources into those programs. Additionally, the sentencing
reforms provide for the resentencing of about 1,500 individuals who were
incarcerated under the original Rockefeller Drug Laws. When the Legislature passed
the reform Senate Majority Leader Malcolm A. Smith stated:
“Today marks the beginning of a new era for New York’s sentencing laws.
Rockefeller Drug Law reform will reverse years of ineffective criminal
laws, protect communities and save taxpayers millions of dollars that were
wasted on the current policy. With more money going toward treatment
instead of costly imprisonment.”
In a move in the opposite direction, the measure also included sentencing
enhancements and restored life sentences for certain drug offenses under the
“kingpin” provision and established a new drug felony for the “criminal sale of a
controlled substance to a child” when an adult over the age of 21 sells a controlled
substance to a minor under 17 years of age.
Rhode Island – Eliminated Mandatory Minimums for Certain Drug Offenses
The General Assembly approved bills S039 and H5007 that eliminate mandatory
minimum sentences for drug possession charges in an attempt to reduce the prison
population and correctional costs. The Governor vetoed similar legislation in
previous years, but in 2009 allowed the reforms to become law without his signature.
The measures grant judges sentencing discretion in certain drug cases. Prior to the
reform, state law applied mandatory minimums to all persons convicted of
manufacturing, selling or possessing with the intent to sell certain controlled
substances; for example, up to a kilogram of heroin or cocaine or between one and
five kilograms of marijuana. In such cases the state could impose mandatory
minimum sentences of 10 years and up to a maximum of 50 years. Larger amounts
could net a minimum sentence of 20 years with the possibility of life in prison. The
change in the law applies to possession offenses only, and leaves the penalties for
manufacture or sale in tact.

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SENTENCING
In addition to scaling back mandatory minimums, state lawmakers worked to address
other sentencing statutes. These included policies designed to expand alternatives to
incarceration and to modify sentences for certain drug offenses.
California – Established Community Corrections Performance Incentives Fund
The Legislature approved SB 678, which enhances funding for community
corrections and alternatives to incarceration. The measure rewards counties that
succeed in reducing the rate of adult probationers sent to prison depending on how
the county’s probation failure rate compares to the overall statewide rate. The grants
are allocated for use in evidence-based probation programs that include risk and
needs assessments and intermediate sanctions. The bill also requires performance
measurement and stipulates that counties use at least 5% of the monies allocated to
them to evaluate the effectiveness of recidivism reduction programs.
Illinois -- Launched “Adult Redeploy Illinois”
SB 1289 directs state funds toward expanding local supervision of individuals who
would otherwise be incarcerated by the state. Adult Redeploy is modeled after the
successful juvenile justice program, Redeploy Illinois. The new measure offers
monetary incentives to help communities pay for rehabilitation services and drug and
mental health treatment of nonviolent offenders who remain in their own
communities instead of being sent to state prisons. Specifically, the bill calls for a
state oversight board to develop a formula for allocating funding to local jurisdictions
for evidence-based community corrections as an alternative to incarceration. Also,
SB 1289 requires each county to develop a performance measurement system that
uses key indicators including recidivism rates, number of revocations, and
completion rates for substance abuse treatment programs.

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Kentucky – Expanded Treatment Options for Persons with Felony Drug Offenses
Kentucky enacted SB 4, which expands in-prison treatment options for persons
convicted of drug offenses. Pre-trial defendants can also participate in the in-prison
treatment program and have their program participation credited towards time spent
in custody at the discretion of the court. Additionally, the bill authorizes the
expungement of the drug offense conviction following the successful completion of
the treatment program.
Louisiana – Amended Penalties for Persons Serving Life Sentences for Heroin
Offenses
The Legislature authorized parole for individuals serving life sentences for heroin
possession, manufacture, or intent to distribute.
Maine – Modified Penalties for Marijuana Possession
LD 250 makes possession of less than 2.5 ounces of marijuana a civil penalty
punishable by a fine of $1,000 or less and eliminates the possibility of jail time.
Currently, possession of less than 1.25 ounces is already a simple civil violation.
However, possession between 1.25-2.5 ounces of marijuana is a misdemeanor
punishable by up to 6 months in jail and/or a $1,000 fine, and the individual could
be charged with the sale of marijuana.
Nevada – Revised Sentencing Provisions Relating to Controlled Substances
AB 168 provides that a court may reduce or suspend the sentence of a person
convicted of trafficking in a controlled substance if the court finds that the person
rendered substantial assistance in the investigation or prosecution of any offense.
The Nevada Legislature modeled this measure after the Federal Sentencing
Guidelines.
California, Delaware, Maryland, Montana, Oregon and Washington -- Increased
Financial Thresholds for Property Crimes
These states increased the dollar amount required to trigger a felony offense for theft.
These reforms reflect that the threshold between a misdemeanor and a felony has

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

become reduced in value over time as a result of inflation. Not modernizing
property offense thresholds could potentially result in excess incarceration.
Washington also introduced a statutory requirement that the State Sentencing
Commission review property threshold penalties every five years to determine if
monetary thresholds should be modified.

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DEATH PENALTY
Momentum to eliminate or restrict the death penalty continued in 2009. One state,
New Mexico, took the significant step of repealing capital punishment completely,
while Maryland adopted a measure that would restrict its application.
New Mexico – Repealed Death Penalty
New Mexico’s HB 285, repealed the state’s death penalty provision and replaced it
with life without parole as a sentencing option for capital offenses. Upon signing the
measure, Governor Bill Richardson stated,
“In a society which values individual life and liberty above all else, where
justice and not vengeance is the singular guiding principle of our system of
criminal law, the potential for wrongful conviction and, God forbid,
execution of an innocent person stands as anathema to our very
sensibilities as human beings. That is why I’m signing this bill into law.”
Maryland – Restricted Application of the Death Penalty
Under the bill SB 279, the death penalty can be imposed only if the defendant’s
conviction is based on DNA evidence; a videotaped, voluntary confession; or a video
recording that conclusively links the defendant to the murder. The death penalty can
not be imposed for convictions based solely on eyewitness testimony. The measure
represented a consolidation of amendments to proposed legislation that sought an
outright repeal of capital punishment.
North Carolina – Enacted the Racial Justice Act
North Carolina instituted a policy measure to address racial disparity in the
application of the death penalty. The General Assembly authorized SB 461 that will
allow persons sentenced to death to challenge the death penalty by arguing that there
is systemic racial bias in the way that capital punishment has been applied. Persons
sentenced to death will be able to present statistical evidence showing racial
disparities in how the death penalty has been used. If a judge finds the evidence

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

convincing, the judge can overturn the person’s death sentence and convert it to a
sentence of life in prison. Additionally, the law authorizes judges to block
prosecutors from pursuing the death penalty in future murder trials if they find a
historical pattern of racial bias in the use of the sentence.

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

OVERSIGHT COMMITTEE
Legislatures continue to authorize the establishment of criminal justice oversight
mechanisms. In recent years, several states have developed bodies to conduct system
analyses and make recommendations to improve state criminal justice systems.
Arkansas – Created a Task Force to Study the State’s Criminal Justice System
SB 942 established an 18-member task force to study the state’s criminal justice
system. The task force would review cases involving capital punishment, certain
felony offenses, and drug charges diverted to drug court and would note any
correlation between the outcomes of those cases and factors such as age, gender, race,
ethnicity and socioeconomic status.
Illinois – Established the Sentencing Policy Advisory Council
The Legislature authorized SB 1320 to examine sentencing policies and practices
with the goal of increasing proportionality and to monitor costs and activities of the
criminal justice and correctional systems. The Sentencing Policy Advisory Council
includes multiple stakeholders such as representatives from the state’s attorney office,
public defender office, and community based organizations. SB 1320 calls for
collecting data, analyzing proposed legislation and setting rational priorities for the
use of criminal justice funding.
Nebraska – Created Sentencing and Recidivism Task Force
LR 171 established the Sentencing and Recidivism Task Force to explore the
sentencing of youth and adults to correctional institutions. To task force’s goal is to
determine if there is any relationship between recidivism and current rehabilitative
programming. The task force will produce a report offering recommendations to
reduce recidivism among formerly incarcerated persons in Nebraska.

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New Jersey – Created Sentencing Commission
The adoption of S1880 resulted in the establishment of a Criminal Sentencing
Commission to study and review the criminal law and recommend revisions. The
Commission is comprised of thirteen members including representatives of all
components of the criminal justice system.

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

PAROLE
Many states continue to struggle with prison populations that exceed capacity.
There is little evidence that expanding capacity reduces overcrowding and tight state
budgets make prison building an unlikely option. In many instances, state
lawmakers have the authority to address the length of stay and ease capacity issues
through sentencing and parole reforms. In 2009 several states adopted strategies to
reduce prison time served as an incentive for good behavior and successful
participation in programs such as vocational training, education, and substance abuse
treatment.
Kentucky – Strengthened Parole Eligibility for Certain Felony Offenses
HB 372 provides that persons sentenced to incarceration for nonviolent class D
felonies, including certain burglary and first time drug offenses, are eligible for parole
after serving fifteen percent or two months of the original sentence – whichever is
longer. Additionally, the individual will be released from parole supervision no later
than the time when he or she would have been eligible for discharge had they
remained incarcerated.
Louisiana – Extended Good Time Policies to Individuals in State Prisons
HB 62 awards up to 180 days of good time to persons who complete approved
treatment programs. Those programs include basic education, job skills and
therapeutic programs.
Mississippi – Improved Earned Time Programs
SB 2039 reduces the time served in prison for persons who complete approved
educational programs. Previously the state’s meritorious earned time program was
capped; persons were awarded 10 days off of their sentence for 30 days participation
in an educational program. Additionally, the former policy capped earned time at
180 days of an individual’s sentence. The new policy removes the cap and authorizes

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

the Corrections Commissioner to approve the number of days a person’s sentence
can be reduced by after participation in approved programs and projects.
Texas – Restored Good Time Policy at the Texas Department of Criminal Justice
The Legislature enhanced good time policies by authorizing HB 93. The measure
granted the Texas Department of Criminal Justice unrestricted administrative
authority to restore good conduct time forfeited by an individual as a result of
committing an offense or violating a rule of the correctional agency. Under previous
law, once a person's good conduct time was revoked for a disciplinary offense, he or
she could not gain the time back through cooperation or good behavior. The
measure will empower wardens with a tool to encourage cooperation and program
participation.
Washington -- Modified Early Release Policies as a Result of Medical
Incapacitation
Previously, the Department of Corrections (DOC) had the discretion to release
individuals as a result of earned time policies, authorized release, or transfer to
community custody in lieu of earned early release. HB 2194 authorizes the DOC to
release certain individuals if they meet certain criteria, including the existence of a
medical condition that requires costly treatment, that the individual poses a low risk
to the community as a result of physical incapacitation due to age or the medical
condition, and the early release will result in a cost savings to the state.

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JUVENILES
Momentum continues toward reform of sentencing policies for juvenile defendants
and strengthening parole options for those sentenced as juveniles. In 2009, measures
were adopted in Nevada and Texas to modify adult certification policies and
eliminate juvenile life without parole.
Florida – Revised School Zero Tolerance Policies
The measure SB 1540 revises the requirements for zero-tolerance policies with the
anticipation that there will be fewer misdemeanor offenses reported to law
enforcement. The bill prohibits school districts from requiring reports to law
enforcement of petty misconduct and misdemeanors, including, but not limited to,
disorderly conduct, disrupting a school function, and vandalism of less than $1,000.
SB 1540 requires each school district to define petty acts of misconduct.
Consequently, there may not be uniformity in the definition of petty misconduct.
Although the measure provides examples of petty misconduct, including minor
fights, it does not stipulate criteria for what defines a petty offense.
Minnesota – Requires Feasibility Study of Collecting Data at Different Decision
Points
HF 702 mandates a study to determine the feasibility of collecting various data
points in the juvenile justice system. Specifically, the measure requires the Legislature
to assess the possibility of collecting data at different criminal justice decision points.
Required elements to be considered for collection include race, age, ethnicity, and
criminal offense.
Nevada – Modified Adult Certification Procedures for Juveniles
AB 237 raised the age at which a child can be charged as an adult from fourteen years
of age to sixteen years. Under this policy the district attorney can file a motion to
transfer a juvenile defendant who is sixteen or older to adult court. However, the
new statute also authorizes the juvenile court to deny the certification of children as

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

adults if the court finds she or he has substance abuse ,emotional or behavioral
problems, and that those problems may be appropriately treated through the
jurisdiction of the juvenile court.
Nevada – Revised Parole Eligibility for Juveniles
AB 474 provides conditions under which a person sentenced to life imprisonment
with the possibility of parole, who was under 16 years of age at the time of the
offense, is eligible for parole. He or she must have served the minimum term;
completed a program of general education, industrial or vocational training; not be a
member of a group that poses a security threat within the corrections department,
and have not committed a major violation or been housed in disciplinary segregation
within the immediately preceding 24 months. If the prisoner is serving consecutive
sentences, he or she will be paroled from the current sentence to the subsequent term
of imprisonment. Otherwise, they will be eligible for parole and the state’s parole
board has the authority to grant or deny parole.
Texas – Eliminated Juvenile Life without Parole
Texas eliminated juvenile life without parole in 2009. SB 839 provides that a
juvenile serving a life sentence for a capital offense is eligible for parole after he or she
has completed 40 years of their sentence. Previously, Texas authorized a
modification in sentencing options for persons convicted of capital offenses. Juries
could sentence a defendant to either the death penalty or life imprisonment with
possibility of parole. In an effort to offer sentencing options to the death penalty, the
Legislature replaced life imprisonment with the possibility of parole with a
mandatory life without parole sentence for persons convicted of capital offenses. This
change has contributed to fewer death sentences for adults in Texas since 2005.
However, an unintended consequence of this sentencing change was the automatic
sentence of life without parole for juveniles. During 2005, the U.S. Supreme Court
ruled in Roper v. Simmons that the death penalty could not be applied to juveniles
because they are less mentally developed than adults and thus, less culpable for their
actions. Consequently, the sentencing option of death was eliminated for juveniles
and the only remaining option was that of life without parole. The Legislature

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

addressed this unintended consequence through SB 839, authorizing that children
convicted of capital offenses be eligible for parole.

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SEXUAL OFFENSE LEGISLATION
In recent years many state legislatures have adopted policies to restrict the civil
liberties of sex offenders post-incarceration. Provisions at the state and local level in
places like Miami Beach, Florida, significantly limit residency options for people
convicted of sex offenses by preventing those individuals from living within as much
as 2,500 feet from where children gather. During 2009, Iowa revised this practice.
Iowa – Modified Sex Offender Law
The Legislature authorized SF 340, which revises the law prohibiting certain sex
offenders from living within 2,000 feet of a school or day care facility. The new law
creates smaller exclusionary zones that more appropriately target a convicted sex
offender’s behavior. Impacted persons would be prohibited from loitering within
300 feet of an elementary or secondary school; being at an elementary school or day
care without permission; working at a school or childcare facility; or loitering within
300 feet of any place intended primarily for use by children, such as a playground or
sports field. The bill would also allow ankle bracelets to be used to track convicted
sex offenders. This change in law garnered broad support from law enforcement,
prosecutors and victim’s rights groups. The 2,000-foot rule still applies to
individuals convicted of high risk sex offenses.

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COLLATERAL SANCTIONS
There is now increasing recognition of the civil penalties that persons with felony
convictions continue to pay post-incarceration and when they are no longer under
criminal justice supervision. In several states, policies have been enacted to ease
restrictions applied to persons with a felony conviction (particularly convictions for
drug offenses) from employment, receipt of welfare benefits, and voting. Such
collateral penalties place substantial barriers to an individual's social and economic
advancement.
Maryland – Strengthened Employment Options for Persons with Felony
Convictions
HB 635 prohibits specified executive and government agencies, including the
Department of Agriculture and Department of Public Safety and Correctional
Services, from denying an occupational license or certificate to applicants convicted
of non-violent offenses. Under previous law, applications for occupational licenses
and certificates were issued, denied, suspended, or revoked on a discretionary basis by
the applicable governing occupational boards in Maryland, based on existing and
varied statutory and/or regulatory standards.
Minnesota – Established a Statewide “Ban the Box” Measure
A provision in HF 1301 prohibits Minnesota public employers from asking about
criminal records or conducting a criminal record check until an applicant has been
selected for an interview, except for positions that already require a background
check. Several cities have previously passed such “Ban the Box” legislation, but
Minnesota has become the first state to do so.
Washington – Automatic Restoration of Voting Rights
HB 1517 restores the right to vote automatically to citizens who exit the criminal
justice system. As a result of the legislation, individuals can register to vote once they
are no longer under state supervision. Previously, persons who had completed their

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

term of probation or parole but who had not paid all the fees and other costs
associated with their sentence had been barred from voting. This provision was
compounded by the fact that interest on these legal system debts accrues at 12% a
year. An overwhelming majority of felony defendants are indigent at the time of
sentencing, and many could never fully pay off their legal system debts – and as a
result could not vote. Under the new law, persons remain obligated to repay their
debts, but – like anyone else who owes money – they will not be denied the right to
vote.

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POLICY RECOMMENDATIONS
This report highlights policy initiatives that affected state criminal justice reforms in
2009. The U.S. rate of incarceration continues to be the highest in the world at a
rate of 754 per 100,000. Lawmakers concerned with large prison populations should
address sentencing policies such as mandatory minimums and parole mechanisms as
they move to examine practices that contribute to their state prison populations.
Much of the legislation highlighted in this report emphasizes efforts to limit the time
served of individuals convicted of low-level offenses. Exploring sentencing reform
should be a part of a broader effort that includes strengthening alternatives to
incarceration and expanding treatment options.
The initiatives adopted by state legislatures reveal that public officials continue to
explore ways to address growing state correctional populations. Recent trends
including the modest decline of 20 state prison populations emphasize that policies
can be enacted to control prison growth at a time of scarce resources. In many
instances states have achieved a decline in their prison populations using evidencebased practices without experiencing any adverse effects on public safety. Successful
states have adopted sentencing reforms including the elimination of mandatory
sentences, expanding parole eligibility, and developing incentive measures to reduce
probation revocations to state prisons. Policy initiatives that lawmakers should
consider in 2010 include:
Restore Judicial Discretion. Repeal Mandatory Sentences.
The reforms to mandatory minimum sentencing in Minnesota, New York, and
Rhode Island are significant, and suggest that elected officials are willing to adopt
measures that reform sentencing policies. In an effort to realize additional costs
savings, additional policy changes must be enacted. Mandatory minimums do not
reduce crime but result in lengthy prison terms contributing to prison overcrowding.
As other states explore sentencing reforms, repealing mandatory minimum provisions

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THE STATE OF SENTENCING 2009 | DEVELOPMENTS IN POLICY AND PRACTICE

and restoring judicial discretion can both control prison growth and enhance the
fairness of state criminal justice systems.
Incentivize Reductions in Probation and Parole Revocations
There are over five million people on probation or parole in the United States.
Examining community supervision policies and how probation and parole
revocations contribute to prison admissions is an important step in controlling
overcrowding. States like California and Illinois have started to adopt strategies to
minimize the number of prison admissions resulting from revocations. Developing
incentive programs that reward reductions in revocations are steps that state
policymakers can take to encourage local decision makers to examine their responses
to criminal offending. Legislators should continue to support opportunities that
encourage county officials to implement evidence-based practices to strengthen
public safety.
Continue Momentum to Reduce Time Served in Prison
In many instances state policy makers have the authority to reform parole policies.
Exploring parole reforms can result in alleviating prison overcrowding and managing
scarce correctional resources. In recent years many states have adopted good time
and earned time policies that reduce a person’s prison sentence following the
successful completion of rehabilitative programs such as vocational education or
substance abuse treatment. Policymakers should continue to adopt measures that
reduce prison sentences, alleviate overcrowding, and maintain public safety.
Eliminate Juvenile Life without Parole
There are 1,755 juveniles serving life without parole sentences. Texas took an
important step in eliminating life without parole for juveniles as a result of the U.S.
Supreme Court’s decision in Roper and the Legislature’s decision to permit life
without parole as a sentencing option for capital defendants. Other states should
examine their policies regarding life without parole as it is applied to young people.
Recently, legislation has been introduced in California, Florida, and Massachusetts to
restore parole hearings at some point during a juvenile’s sentence.

FURTHER READING at www.sentencingproject.org:
The State of Sentencing 2008: Developments in Policy and Practice
Incarceration and Crime: A Complex Relationship
Lessons of the “Get Tough” Movement in the United States

THE

SENTENCING
PROJECT
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