Fiscal Impact Analysis of HB4091, HB4299, and HB5708 - Proposals to amend the Cannabis Control Act
These bills and amendments do three things that drive the sentenced population up: change probation eligibility on several offenses; increase the mandatory minimums for all offenses; and make these offenses subject to truth in sentencing. These changes increase the number of offenders sentenced to DOC and the length of time they spend in DOC facilities. SPAC analyzed data from the DOC admissions and exits for calendar years 2010 through 2012 to assess the fiscal impact of these sentencing policy changes had they been in effect for those years.
Over the past 22 years, the impact on Illinois’ prison admissions and population of those on Mandatory Supervised Release (MSR) returned to prison as technical violators or with new prison sentences has varied considerably.
Under Illinois' sentencing structure, the majority of those convicted of a felony can be sentenced to either supervision in the community under probation or a period of incarceration within Illinois’ prison system.
The length of time individuals serve in prison is affected by several factors, including changes in the legal classification of crimes and the sentences available for those crimes, pretrial detention practices, prosecutorial charging and plea decisions, judicial sentencing decisions, and policies and practices that impact the ability of correctional administrators to award good conduct and other sentencing credits.