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Today’s number: 10 percent

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A new federal census reports the state’s prisons were filled to 173 percent of design capacity as of Sept. 30, one of the worst rates in the nation. The Illinois Department of Corrections disputes that, saying prisons are at less than 100 percent of “operational capacity,” which takes into account such measures as construction of additional units and putting two inmates into a cell instead of one. Clearly, though, the prisons are crowded. We need to do a better job of finding effective alternatives to incarceration that don’t pose a risk to public safety.

For four decades, Springfield has responded to violence by making more types of crime eligible for prison sentences, and keeping inmates behind bars for longer periods of time.

Just since 2007, Illinois’ prison population has increased by about 10 percent, even as the Department of Corrections budget has been cut by more than 10 percent. Our prisons now hold about 48,500 inmates.

The editorial page also has a long list of suggestions for the incoming governor. Go check ‘em out and tell us what you think.

…Adding… From the IDOC…

We absolutely do not agree with the BPS calculation. They also have in their tables a grossly incorrect figure for IDOC’s operational capacity.

Various data on which BPS relies continues to list “rated [design] capacity,” which is an obsolete figure. Why is it obsolete? Because “rated capacity” is the “built-for” capacity at the time of original construction and does not take into account new buildings or double-celling (used by all states) which increase operational capacity. Operational capacity is the only figure that matters…that’s how many inmates we can safely house.

Worst of all, “rated capacity” was calculated at a time when prison systems used the one-inmate-per-cell system of incarceration. No state in the U.S. has used single-celling in decades. It’s all two-to-a-cell, which raises operational capacity. All systems, including Illinois, do single-cell inmates who cannot coexist with a cellmate, due to mental illness or a history of physical incidents. We also use disciplinary segregation and disciplinary seg is single or double-celled.

Anyway, as for the inaccurate numbers, a typical example is Vienna Correctional Center, built in 1965 with a few buildings and a rated (original) capacity of approximately 850-925. A major expansion in 1973 added 14 buildings, including six new cell houses which nearly doubled operational capacity to 1,730. Yet, the “rated [design] capacity” of Vienna is still listed as 925 and I’ve seen references to Vienna’s current inmate population of 1,643 being 175% of capacity when, in fact, it is 5% below operational capacity.

No, IDOC does not have much spare room. We are crowded, but not overcrowded. Inmates are not stuffed into hallways and corners, and we eliminated gym housing in 2013. We have adequate room to house all inmates humanely in a way which ensures safety and security of staff and inmates. Picture a three-bedroom house with six people living in it; everyone has a bed, bathroom, heat, hot water and three meals/day. No spare room but adequate room.

The simple answer is we are not at or above 100% capacity in our prisons and we certainly are not anywhere near 151% or 172% of the more valid figure of operational capacity. Including classification centers (pre-permanent-prison-assignment holding facilities at prisons), which have all levels of security from maximum down to minimum, IDOC is slightly below 100% capacity. We currently have approximately 48,500 inmates.

Importantly, the U.S. Department of Justice Bureau of Prison Statistics (BPS) has a major error in its tables on prison capacity (Page 31 of attached doc). The “operational capacity” figure of 32,000 for Illinois is INCORRECT. The list operational and rated figures as identical. It is virtually impossible for an “operational” number to be identical to a “rated” number, yet their two figures are the same.

Again, the operational number of 32K is wrong. The correct operational capacity of IDOC prisons is slightly under 49,000. IDOC will see that BJS fixes that error.

posted by Rich Miller
Friday, Nov 21, 14 @ 11:11 am

Comments

Undoubtedly, some reform is needed. No reason to lock people up for long terms on drug possession charges, for instance.

However, it’s important to note that despite all the media hype, the violent crime rate is down dramatically in Chicago, Illinois and throughout the country during the past 20 years. That decline in crime has been paralleled by a steady increase in the incarceration rate. Now, causation doesn’t necessary equal correlation here, but these are important facts that rarely seem to be part of the debate.

Comment by Rick H. Friday, Nov 21, 14 @ 11:23 am
The police can make all of the arrests, the prosecutors can do their best, but the judges are reluctant to incarcerate defendants due to overcrowded jail and prisons. Many convicts are being sentenced to supervision or probation to relieve overcrowding, plus the fact that Illinois cannot afford to imprison some of the bad guys.

Comment by Under Further Review Friday, Nov 21, 14 @ 12:05 pm
== Our prisons are overcrowded. ==

== Well, we have a brand new, state-of-the-art facility in Thomson. ==

== Great! Let’s sell it at a loss to the Feds! ==

Comment by Formerly Known As... Friday, Nov 21, 14 @ 12:25 pm
If the jails weren’t crowded would these felons be imprisoned? Are we deciding what felons we put back on the streets based on this? Is this a solution for our problems or a half-crap solution just buying time?

A decision should be made based on more than cost or capacity. This is a public safety and law decision, not a debate about drug laws or overcrowding.

Comment by VanillaMan Friday, Nov 21, 14 @ 12:27 pm
I reviewed the recommendations. Basically just an excuse to let people who have done harm against society (granted, at various levels) be freed from prison.

Blago is probably not a threat to society, but he belongs in prison.

The most obvious exceptions are those in prison for long sentences (i.e. six months or more) for possession only of very small amounts of pot.

Comment by Federalist Friday, Nov 21, 14 @ 12:30 pm
I agree with less harsh sentencing for non-violent crimes. But we ought to be sentencing more toughly for any felonies that are committed with a gun. (State and Federal laws already on the books.) If that means more prisons (State and Federal), then build them.

Comment by Gantt Chart Friday, Nov 21, 14 @ 12:31 pm
excellent editorial. illinois prisons with overcrowding, no money, no programs are a disaster. hope governor elect rauner and legislature will take immediate steps to reduce overcrowding and provide public safety. we dont need a lot of study states with republican governors have shown the way. the non violent offender, reformed elder and sick can be paroled asa star. this would to free up staff and provide money for needed programs

Comment by bill ryan Friday, Nov 21, 14 @ 12:33 pm
I wish the commentary here were more informed on these issues. If nothing else, maybe the constant calls for reform can achieve that over time.

For now:

Jails are not prisons
“Felons” isn’t a useful policy category
Neither is “felonies that are committed with a gun”
Building Thomson was a stupid fraud
Prison time didn’t create falling crime

Next?

Comment by crazybleedingheart Friday, Nov 21, 14 @ 12:38 pm
Generally, in the State of Illinois, jails are usually maintained by counties; prisons are operated by the state. Criminals sentenced on state charges to incarceration for one year or less may be confined in the county jails; sentences of more than one year are meant to be served in the state prison system.

I do not fault some readers with not reading law books before posting as many people commonly use the terms “jail” and “prison” interchangeably in every day speech.

Comment by Under Further Review Friday, Nov 21, 14 @ 12:49 pm
Does anybody know how much it costs to incarcerate a prisoner on a per diem basis? Long ago, I was told it cost about $128.00, but I do not know if that quote is valid.

Comment by Under Further Review Friday, Nov 21, 14 @ 12:52 pm
Perfect. GTCR is huge in the prison industry business via health care, convict monitoring, etc.

Thanks for the assist Sun-Times.

Comment by too obvious Friday, Nov 21, 14 @ 1:07 pm
Republican states are reducing their prison population. We can too — unless we are cowards. But Rauner is no coward.

Comment by state worker Friday, Nov 21, 14 @ 1:12 pm
According to the editorial, == our prisons now hold about 48,500 inmates ==.

While we desperately need to change our sentencing and health care policies, it is not shocking that less than half of 1% of Illinoisans would be incarcerated at any particular point in time.

Criminal elements will always exist in any society, animal or human, unless evolution somehow eliminates anger, greed, lust, hunger, survival instincts, drug addiction, mental illness and a wide variety of additional challenges. While the number of incarcerated is be too high, it is doubtful we will ever reach “0″.

Comment by Formerly Known As... Friday, Nov 21, 14 @ 1:17 pm
What is the makeup of the prison population? What percentage constitutes violent criminal versus those in for pot possession? Would releasing the prisoner in jail on pot possession free up space for violent criminals or are they kept in different facilities? Need to have a much more serious discussion and more statistics and info on prison population rather than some broad based statements.

Comment by Apocalypse Now Friday, Nov 21, 14 @ 1:30 pm
The editorial has it right for the most part and great deal of it should be enacted.

If you believe that Government should be “Tough on Crime” than taxes need to go up to pay for this.

Also, Prison workers are also Union members. Just like teachers. The downstate communities with these jobs are going to fight tooth and nail to prevent any prison closures.

Comment by Del Clinkton Friday, Nov 21, 14 @ 1:34 pm
Judges do not have unbridled discretion in sentencing. Every crime has a classification, ie, “Class A Misdemeanor” or “Class 2 Felony” and every classification has a range of sentencing. Judges can only sentence within that range, even if it is a fully negotiated “plea bargain”. It may be appropriate to make some changes but let’s not pretend that it is all about judges.

Comment by girllawyer Friday, Nov 21, 14 @ 1:56 pm
Anyone know what the breakdown is for type of crimes committed by the incarcerated? I did some googling, but couldn’t get that data.

My guess is that the breakdown is about 40% violent crime, 20% drug dealing, 20% driving issues (DUI, driving without a license mulitple times, etc. especially in Cook County) 15% financial and burglary crimes, and the remaining 5% things like failure to pay child support.

Anyone have a better take on this?

Comment by Arizona Bob Friday, Nov 21, 14 @ 2:09 pm
cruel and unusual punishment?

used to work in the old days.

Comment by allknowingmasterofracoondom Friday, Nov 21, 14 @ 2:11 pm
This will be interesting to watch. Legislators have increased sentencing, new offenses, mandatory minimums and anything else they could think of to be tough on crime. For years.

This has been without any research about whether prolonged incarceration increases or decreases public safety. The goal was to be able to go back to their districts and look tough on crime. Sad to say, we got where we are, in part, to make sure a bunch of newbie Democrats got re-elected.

Then other legislators have to deal with the impact of mass incarceration in their districts. And the entire state had to pay the billion dollar bills.

Comment by Dan Bureaucrat Friday, Nov 21, 14 @ 2:49 pm
To the question: We have seen from other states that even very small reforms can lead to significant reductions in the prison population, and benefit public safety. It is counter-intuitive, but prison time can increase the chances that someone will commit another crime via the direct and collateral damage it does to a person and their family.

There’s no reason we can’t take up the modest reforms in this editorial. After all, the Democrats are smart-on-crime and the Republicans loathe big government.

What’s the hold-up?

Comment by Dan Bureaucrat Friday, Nov 21, 14 @ 2:50 pm
And then you have bleeding heart judges who believe inmates should be given special meals based on their supposed religion even if they just found that religion while they’ve been in or even if they’ve had several religions while their in. These meals cost $6 to $7 a piece. I gotta tell ya that ads up quick. Normal inmate meals cost around $2. Good thing they all don’t get religion. Somebody ought to publisize that practice and the judge who ordered it.

Comment by Milkman Friday, Nov 21, 14 @ 3:18 pm
Dear Milkman,

I’m in charge of the bleeding heart club roster.

Trust me, there are hardly any judges on it.

Some judges claim current membership at election time, but they’re way behind on their dues.

-CBH

Comment by crazybleedingheart Friday, Nov 21, 14 @ 4:08 pm
the frustrating thing about the debate of who belongs in prison is that it always seems to be capacity driven. it should be justice driven.

is it right to imprison someone who gets arrested for a small amount of marijuana? No. and does not happen……first arrest, no priors, unless you have a dealer amount, you are not going in, with priors, maybe. But should sexual assault offenders be imprisoned? Yes. And are they always? Probation seems to intervene. Why do we put people in prison? Because they have violated the law and must be kept from others in public. The keeping from others is an important point that just gets lost. Prison itself is a grand deterrent to recidivism. We must decide how to put those in prison who are a danger to others and those who are mentally ill should be treated. The keeping of dangerous individuals away from our streets is, in effect, a form of defense of our domestic tranquility. And should be the first focus in this debate.

Comment by Amalia Friday, Nov 21, 14 @ 4:17 pm