TO TELL THE TRUTH: CONVICTED FELONS DOING LESS TIME FOR THE CRIME

Truth in sentencing is a topic of much discussion in court and legislative
circles these days. The state is trying to develop an improved sentencing
structure for convicted prisoners. Illustration by TimesDaily Graphic
Artist Sergio Portillo

You can almost see the wheels turning in the minds of the prosecutors,
defense attorneys and virtually everyone else in the courtroom at a
criminal sentencing hearing.

The judge in an Alabama courtroom has just handed down a prison sentence to
the felon standing before him. Quickly, the minds of many in the courtroom
begin working a division problem: What is one-third of that?

It's because they realize that, on average, the felon will walk out of
prison in one-third the amount of time ordered in the sentence.

Truth in sentencing is a hot topic in courtrooms and legislative gatherings.

Some officials say a five-year prison sentence should mean five years in
prison. Others say that's not realistic.

Lauderdale County Circuit Judge Mike Jones realizes the sentences he gives
might be shortened once the offender is in the prison system. Jones also
considers options such as work-release and split sentences to try to
counter that.

"You've got to balance all of that when imposing a sentence," Jones said.

He said it seems as though years ago in Alabama, a three-year sentence
meant three years in prison or close to it. Then, as people started getting
paroled, prosecutors began asking for four-year sentences so the prisoner
still would serve nearly three years.

"Then the parole board would give more time off of those four years to
relieve overcrowding, so the prosecution started asking for even more
prison time for offenders," Jones said.

That trend has widened the gap between sentences and time served. "Nobody
knows what a sentence means anymore," he said.

Judges need discretion when delivering a sentence, Jones said. For example,
two people found guilty of second-degree theft might not deserve the same
prison time, depending on the circumstances of the crime.

The federal prison system has rigid sentences for crimes, but Jones said
every criminal justice official he talks to says that is the wrong approach.

Alabama Attorney General Bill Pryor agrees. But Pryor also stresses that
similar crimes need similar punishments. He said a Class B felony is
punishable by a 2- to 20-year sentence.

"Someone in Mobile could get two years, and someone in Huntsville could get
20," he said.

Consistent punishments for similar crimes allow the victim an idea of how
long the criminal will be in prison, he said.

It also prevents accusations of offenders getting treated differently based
on race, wealth or other factors.

Pryor said a felon serves an average of one-third of his sentence.

"We've been tough on crime, but I don't think we've always been smart on
crime."

Local defense attorney Chris Connolly said he tries to assess how much
prison time a client actually would serve when considering a plea bargain.
But he knows that doesn't provide a guarantee, either.

"The state's sentencing system is a charade," Connolly said.

"If I tell my guy he'll be eligible for parole after one-third of his
sentence, then he gets down there and there is a problem, he may not be
paroled then," he said.

Searching for solutions Pryor has long been an advocate of sentencing reform.

"It's not merely a matter of truth in sentencing," he said. "I'd like more
realistic sentences so the victim would know the actual time the offender
will serve. Sentences in Alabama are often unrealistic and inappropriate."

As an example, Pryor said the sentencing problem in the state sometimes
results in a judge issuing a 15-year sentence for a crime where a five-year
sentence is more appropriate. The judge does so with the belief that the
offender would get out in five years.

"We need to be honest with the public and say it's a five-year sentence."

The Alabama Sentencing Commission is exploring these issues. The group was
formed by a 2000 state act to develop a comprehensive and improved
sentencing structure.

The commission plans to issue a report in the 2003 legislative session.
Officials don't want the victims to be forgotten if there is a sentencing
overhaul.

That's good news to people like Mary Anne Rippey, who helped organize the
local chapter of Victims of Crime and Leniency. Rippey's brother, Danny
Sledge, was murdered in 1999 at his Lauderdale County restaurant.

Rippey said an emphasis should be placed on making sure that violent
offenders serve most or all of their sentences.

Tough decisions should be made in order to keep violent offenders in
prison. That could include alternative sentences for those who commit less
serious crimes. Those sentences could include work-release, monitoring
systems and probation.

"But nothing's a petty crime if it happens to you," she said.
"Unfortunately, you have to draw the line somewhere."

Packing them in Jerry DeGregory, a criminal justice professor at the
University of North Alabama who has a doctorate in sociology, said it's not
popular to say truth in sentencing won't work.

"But there are problems with it," said DeGregory, whose sociology specialty
involved criminology.

"The public is misled if they believe truth-in-sentencing laws will
increase the length of time in prison," DeGregory said.

That won't happen, he said. The prison system is overcrowded and
underfunded. There aren't enough correctional officers to support increased
sentences.

"If you have truth in sentencing, you'd have to reduce sentences, so that
new sentences would be shorter."

DeGregory added that longer prison terms are unnecessary, except in severe
violent crimes where the inmate might deserve a longer sentence.

He said an American Correctional Association study indicated that an inmate
is as likely to commit a crime after being released after a 5-year sentence
as he would after a 10-year sentence.

"So what you've done is taken someone and spent 10 years' worth of money on
them instead of five years'," he said.

State and local authorities agree that overcrowding is the major obstacle
to truth-in-sentencing changes.

There are about 27,000 inmates in the state prison system, according to the
Alabama Department of Corrections. That includes about 20,000 in prisons
and 3,600 in work-release. More than 2,000 are in county jails. The rest
are in boot camp or other programs or institutions.

Tight space in prisons often results in state inmates remaining in county
jails, forcing overcrowding on the county level.

"If you want a certain group in longer, you'll have to keep another group
out or give that group a shorter sentence," DeGregory said.

Early release Many cases involving crimes that result in serious physical
injury or death require the offender to serve at least 15 years, or 85
percent of their term, said Steve Sirmon, attorney with the state Board of
Pardons and Paroles.

Generally, those cases involve murder, manslaughter, some sex crimes and
robberies involving serious injury, he said. Sirmon said the three-member
pardons and paroles board takes numerous matters into account when
considering an early release.

The board must be unanimous in allowing a prisoner out before one-third of
the sentence is completed. At least two board members must agree to allow
parole after one-third of the sentence.

He said prison overcrowding is among the factors the board keeps in mind.
But they don't let that influence a decision on individual prisoners.

"That's not to say state officials haven't said 'step it up some,' " Sirmon
said. "But they've never released anybody solely because of a shortage of
beds."

Board members consider an inmate's personal and social history, details of
the offense, criminal record, whether early release would be detrimental
either to the inmate or victim and whether they believe the inmate would
commit another crime, Sirmon said.

They also look at the inmate's conduct in prison and what plans he or she
has if paroled, he said. Often, the inmate needs to have a job opportunity
waiting. The victim and law enforcement officials involved in the case also
are interviewed.

The board granted 1,772 paroles out of 5,452 requests during the fiscal
2000-2001 year, according to board statistics. That's about 32.5 percent.

From 1939 through 2001, the parole board has granted 80,120 parole
requests -- about 39.8 percent, according to the board figures.

Since an inmate's behavior in prison is factored into the parole board's
decision, that is used as an incentive by prison officials.

They tell the inmate their behavior has a direct impact on early release,
and that sometimes helps control their behavior, Pryor said.

Good time or bad time? Sentencing Commission officials are looking into the
state's system of "good time" credits. These award inmates credit for days
served for good behavior. In its initial report, the commission expressed
concern about the concept, which they say is difficult to understand and
rewards an inmate for what should be expected: good behavior.

Under the current system, the average inmate receives 243 days of credit
for every 365 days served, according to the commission's initial report.

"It has been viewed as an entitlement instead of a real incentive," Pryor said.

"Good behavior should be expected for everyone, not just something that is
rewarded."

Pryor said good behavior should be rewarded in other ways, such as honor
dorms. These are prison sections for those with model behavior. Inmates in
that section must pursue educational opportunities.

"It's a tremendously different atmosphere in the honor dorms," he said.

DeGregory said inmates who are paroled remain supervised by the state.

"The irony is, when you deny parole and have someone serve a full sentence,
they're unsupervised when they are released." he said. "You'd be better off
to let them out and have them supervised while they adjust to life outside."

A major question in truth in sentencing comes down to whom you want in and
whom you want out, DeGregory said.

"So, the people you can deal with outside the prisons could be pulled out,
and then you can open up room and funds to put others in prison for a long
time who deserve it."