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Study finds early release program tilted in favor of white inmates, but over-sentencing could be to blame

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* Restore Justice took a look at Illinois’ early release program during the pandemic…

As the global COVID-19 pandemic caused Illinois to shut down, Governor JB Pritzker acknowledged the dangers of our state’s over-crowded prison system. He encouraged Illinois Department of Corrections (IDOC) facilities to release incarcerated people in an effort to slow the spread of the virus.

Analysis of prison population and release datasets shows IDOC is not actually releasing many people early, and, of those released, there are startling racial inequities. […]

While 54 percent of the people incarcerated in the Illinois Department of Corrections (IDOC) are Black, only 46 percent of those released early are Black. White people comprise just 32 percent of the Illinois prison population but 43 percent of early releases.

White people released early had 80 days cut from their sentences, based on the median. Latino people released early had 60.5 days, and Black people had 49 days.

Latino people account for 13 percent of the IDOC population and 10 percent of those released early. Non-Latino and Non-Black people of color make up one percent of releases.

Just 31 percent of those released early through [Earned Discretionary Sentence Credits] are Black. That discrepancy grows when looking at people who had substantial time, more than three months, cut from their sentences. […]

Between March 1 and June 4, 74 percent of the people released early were convicted of Class 4, 3, and 2 felonies. One possible explanation for this is that some research indicates that Black people are often overcharged and over-sentenced, which makes consideration of “low-level offenders” a de facto review of predominantly white people in prison.

* I asked the governor’s office for a response. Pritzker press secretary Jordan Abudayyeh essentially agreed with the group’s analysis about the possible cause of the racial imbalance…

As this report and many others before it proves, the criminal justice system results in inequitable outcomes for black and brown people. That’s why the Governor supports comprehensive criminal justice reform. The Department of Corrections has used the powers given to the director under statute to grant early release to inmates at the end of their sentences. We know that black and brown people disproportionately face longer sentences and we will work to address this issue as we move forward with advocates on criminal justice reform.

posted by Rich Miller
Friday, Jun 19, 20 @ 10:52 am

Comments

Sure seems like the “but” in the title here should be an “and.”

Comment by Quibbler Friday, Jun 19, 20 @ 11:00 am
“Impact of early release program is racist due to systemic racism in law enforcement and our judicial system.”

This is hyperbole, but maybe just release all of the class 3 and 4 felonies if they’re not a big enough deal to merit an investigation to see if a cop should be decertified.

Comment by Candy Dogood Friday, Jun 19, 20 @ 11:08 am
It’s only a little hyperbolic. The inconvenient truth is there are thousands of people locked up for years and years to go that (a) no longer post any public safety threat (b) were over-charged and over-sentenced at the time and (c) often do not have a victim or victim family on the other end who really want that long sentence to continue.

We got rid of mid-sentence parole review in 78. That was a big mistake.

We just brought it back last year for those under the age of 21 going forward, but for the thousands of people who are incarcerated for very long sentences, some/many/half (??) of them should be released. And the only way to do that under the law is with a gubernatorial commutation.

I really hope part of our reckoning with the ongoing realities of decades of institutional racism is righting the wrongs of very long sentences that serve no public safety purpose.

It’s emotionally difficult like all of this. But that’s what righting wrongs means (among lots of other things) in our criminal legal system.

Thanks for the coverage and discussion.

(And I should note that criminal reform has always been bipartisan in our state and there really is a chance to keep that momentum going — the kerfuffle against the Governor for “releasing murderers” does not help. With our absurdly broad laws (felony murder and accountability) hundreds of people are serving very long sentences for murder and other violent crimes whose actual acts weren’t *nearly* as bad as the name of their conviction and pose no public safety threat anymore since they are 50 or older who should be released now.

This is a huge legacy problem - partially a consequence of decades of racism - that we’ll need to tackle with nuance and patience and grace.

Comment by Dan Johnson Friday, Jun 19, 20 @ 11:38 am
I agree with Dan. It sounds as if the governor agrees as well. Decades of research has found disparate racial impacts at every stage of the criminal justice system. That’s called institutional racism.

Comment by anon2 Friday, Jun 19, 20 @ 1:51 pm
And the constitution provides an immediate remedy, commutation is an absolute and exclusive right of the Governor, and as the author of the largest mass clemency (Cannabis) he knows that power full well. But that would require him to bear the social cost of overturning (primarily) judicially determined periods of incarceration. One thing to consider is the impact of gun law violations, intended to reduce gun violence in the same communities of color which results in mass incarceration. Thus gun enhancements have done much in the last decade to extend prison sentences. So by all means, reduce sentences for violent and gun offenders who trend older and minority. But do it in the name of social justice and not public safety.

Comment by gfalkes Friday, Jun 19, 20 @ 2:30 pm
gfalkes — those who were threats to public safety when convicted decades ago no longer are if released. And Illinois’ law is extreme: we have the highest number of mandatory years added to a sentence for possession of a firearm in the nation.

We have some wrongs to right.

https://restorejustice.org/know-more-firearm-sentence-enhancements/

Comment by Dan Johnson Friday, Jun 19, 20 @ 4:10 pm