Why has Illinois released hundreds of prison inmates earlier than expected?

Mike Koziatek
·4 min read
4

In Reality Check stories, BND journalists dig deeper into questions over facts, consequences and accountability. Read more. Story idea? newsroom@bnd.com.

Michelle L. Laux was 31 when she was found beaten to death along a rural Clinton County road in 1993. One of the men convicted in her death, Robert Nail, was given an 80-year prison sentence that he began serving in May 1994.

But as part of a new state law that requires the Illinois Department of Corrections to recalculate the credit inmates have earned to reduce their time in prison, Nail, now 50, was released in February, nearly 50 years before the end of his full sentence.

The move upset Clinton County Sheriff Dan Travous, who said in February that Nail “failed to receive the punishment he deserved for this unthinkable crime.” He also said Nail was able to “get years slashed off his sentence for working while incarcerated.”

Known as House Bill 3026, the new law went into effect on Jan. 1.

In wake of Travous’ criticism of the law, the Belleville News-Democrat asked the Illinois Department of Corrections for information about how many persons have been released like Nail. As of March 21, 409 inmates received their early release, according to the latest available statistics.

The Department of Corrections told the BND that about 1,750 convicted individuals had their sentencing credits recalculated under the new law. This means 1,341 other inmates still in custody also received additional credits against their sentences which may eventually lead to an earlier release.

Inmates can earn sentencing credits by completing various programs while in prison, including:

  • Substance abuse programs

  • Correctional industry assignments

  • Educational programs

  • Work-release programs or activities

  • Behavior modification programs

  • Life skills courses

  • Re-entry planning

A list of the names of the 409 inmates and the counties where they were convicted was not available since the department’s tracking system for sentence credit was not set up to break out the persons released solely because of House Bill 3026, the department said.

The release of 409 prisoners would represent 1.37% of the statewide prison population of 29,828 that was listed as of Dec. 31.

The Department of Corrections reports that since 2013, the overall prison population has been steadily dropping. There were 48,653 inmates across the state in 2013.

Inmates serving a term of natural life imprisonment are not eligible to receive sentence credit under House Bill 3026.

Under Illinois law, those ordered to serve prison time can be required to serve 50%, 75%, 85% or 100% of their sentences. The percentages increase based on the severity of the offense, according to the Department of Corrections.

“Individuals serving 100% sentencing can participate in programming, education and work, but are not eligible to receive an award of sentence credit,” according to the department.

Victim notification

The department’s Victim Services Unit provides assistance to crime victims and has updated its web page regarding House Bill 3026.

“Please note that the award of additional sentencing credit for qualified individuals may be significant and may advance their release dates,” the page states.

The Victim Services Unit as well as the Illinois Prisoner Review Board have registration services that victims and victim advocates can sign up for to get notification if an inmate is scheduled to be released.

The Department of Corrections recommends victims sign up for both services.

Sentencing guidelines

Gov. J.B. Pritzker signed House Bill 3026 last summer after it received overwhelming support by lawmakers. It passed 113-0 in the House and the Senate approved it 53-1.

Sen. Andrew Chesney, R-Freeport, cast the lone dissenting vote.

Chesney, who represents a district near Rockford in northern Illinois, said he has opposed nearly all types of sentencing credit.

“I see that differently than all of the Democrats and even members of my own party as it relates to sentencing guidelines and the terms that these convicted offenders have to serve,” Chesney said. “We need to be a state in the country of law and order and in an effort to maintain that, you have to have consequences for criminal behavior.

“If you’re unwilling to put consequences behind criminal behavior, you’re going to have more criminal behavior.”

House Bill 3026 was praised by the Alliance for Safety and Justice, which says it “aims to replace over-incarceration with more effective public safety solutions rooted in crime prevention, community health, rehabilitation and support for crime victims.”

The nonprofit organization said in a statement the bill would “help to reduce recidivism and stop cycles of violence in Illinois.”

“Providing incentives for people to be prepared for life after prison is a proven approach to improving outcomes and making communities safer,” the statement said. “After completing rehabilitation programs, returning citizens are less likely to return to prison and more likely to be productive citizens.”