Sentencing Commission Studies Recidivism

There has been much speculation about the percentage of sentences actually being served by Tennessee inmates and the recidivism rate for those released from incarceration. During 1994, the Tennessee Sentencing Commission and the Statistical Analysis Center of the Tennessee Bureau of Investigation (TBI) conducted a joint study designed to answer those questions.

Description of the Study

Offenders released from Tennessee jails and prisons between July 1, 1989, and June 30, 1991, were studied. This time frame was chosen because it is recent enough to reflect sentences now being served, yet enough time has passed to follow the same inmates after release. A sample of 25% of inmates released during this period was drawn from a list obtained from the Department of Correction, for a total sample of 3,793 offenders. Careful attention was given to securing a representative sample from each offense group. The offenders chosen were released from prison or jail on parole, probation, community corrections or were released after expiration of their sentences. The study did not include offenders who were initially sentenced to community corrections or probation without first serving a period of incarceration. Offenders released due to bond, escape or death were not included in the sample.

In Part I, only 3,210 of the offenders in the sample were studied to determine length and percentage of sentences served. Because the goal was to determine the time served before the first release, only offenders in the sample who had not previously been released on this sentence were included in this portion of the study. (Since the number of offenders used in Part I is smaller than the full sample of offenders used in Part II, there is some conflict between the numbers found in each part of this report.) Information was obtained from the Tennessee Offender Management Information System (TOMIS) and archived records of the Department of Corection. The average sentence received as stated in the report is the total sentence received for all offenses for which the inmate was released, including consecutive sentences. The classification of the most serious offense for which the offender was released during the time period was used. For inmates sentenced under prior law, the classification of the offense as it would be under current law was used.

In Part II, the records of all 3,793 offenders in the study were examined for a two-year period following the date of their release from custody to determine their rate of recidivism. Recommitment and arrest information was obtained from the Department of Correction and from criminal history information obtained from the National Crime Information Center (NCIC). The recommitment or rearrest may have occurred in Tennessee or any other jurisdiction. NCIC criminal histories were unavailable for approximately 17% of the offenders in the sample. The recidivism information is presented in two categories: (1) "recommitted" - offenders who were committed for a new conviction or recommitted as a result of a technical violation of the rules of their supervision within two years of their release from incarceration and (2) "rearrested" - offenders who were arrested for a new offense, but were not recommitted, within two years following their release. Persons who were "recommitted" are excluded from the "rearrested" category. The "rearrested" offenders may have been recommitted to incarceration for the new offense; however, because the incarceration occurred sometime after the two year period, they are not included in the "recommitted" category.

To complete the study, the staffs of the Statistical Analysis Center and the Tennessee Sentencing Commission answered 60 questions about each offender in the sample. Information was obtained about the offender, the sentence received, the sentence served, prior incarcerations, the arrest record and the type of release from incarceration.

• Offenders released during the sample period served on average 29.3% of their sentences. Offenders convicted of first degree murder served 25.8%, Class A felons served 29.7%, Class B felons served 31.6%, Class C felons served 26.1%, Class D felons served 31.8% and Class E felons served 34.3% of their sentences.

• Of the offenders released from incarceration during the sample period, 67.5% were released to parole supervision. These offenders served 23 months on an average sentence of 83 months.

• Of the offenders released from incarceration during the sample period, 10.6% were released at the expiration of their sentences. Offenders convicted of less serious felonies were more likely to serve to the expiration of their sentences than offenders convicted of more serious offenses. Of those offenders who expired their sentences, 36.5% were convicted of a Class E felony. Only 7% of offenders convicted of a Class A felony served to the expiration of their sentences, compared to 16% of the Class E offenders.

• Offenders in all felony classes who were released from a local jail or workhouse had shorter sentences and served less time than offenders in the same felony class who were released from a Department of Correction facility. However, the percentage of sentence actually served was almost identical. Offenders released from local jails served 28.1% of their sentences and offenders released from Department of Correction facilities served 29.7% of their sentences.

• Of the offenders released during the sample period, 53.5% were either recommitted or rearrested within two years of the date of their release. 39.2% of the offenders were recommitted within the two year period. Of these offenders, 24.7% were recommitted as a result of a new conviction and 14.5% were recommitted as a result of a technical violation of the conditions of their release. An additional 14.3% were rearrested but not recommitted within two years of the date of their release.

• Of offenders released to parole supervision, 29% were released under "safety valve." Offenders paroled under "safety valve" served 20.8% of their sentences and offenders released under regular parole served 31.2% of their sentences.

• Thirty-five percent (35%) of offenders released during the sample period had previously been incarcerated for another offense. This offense may have been either a misdemeanor or a felony. Those previously incarcerated served a greater percentage of their sentences than those offenders serving their first period of incarceration.

• Offenders convicted of crimes against a person served longer than offenders convicted of either nonviolent or drug offenses. Offenders convicted of drug offenses served the least percentage of their sentences (22.1%) Drug offenders had the same average sentence as offenders convicted of nonviolent offenses, but served five months less. Offenders convicted of crimes against a person served 20 months longer than offenders convicted of nonviolent crimes.

• Of the offenders released during the sample period, 49.4% were sentenced from counties in the Western Grand Division, 26.6% were from the Middle Grand Division and 24% were from the Eastern Grand Division. Offenders from East Tennessee served seven months longer than offenders from West Tennessee and two (2) months longer than offenders from Middle Tennessee.

• Females released during the sample period were serving an average sentence of 57 months, compared to 70 months for males. Females also served a lesser percentage of their sentence prior to release. Males served 29.6% and females served 25.2% of their sentences.

• The average sentence for black offenders (65 months) was10 months less than for white offenders (75 months). Black and white offenders served almost identical percentages of their sentences.

• Offenders released to probation supervision had the lowest rate of recommitment or rearrest (47.3%). Of these, 37.1% were recommitted and an additional 10.2% were rearrested but not recommitted.

• Offenders released to parole were more likely to be recommitted or rearrested than any other group. 55.1% of the offenders released to parole were either recommitted or rearrested within two years of the date of their release. 41.2% were recommitted and an additional 13.9% were rearrested but not recommitted.

• Offenders convicted of Class D offenses were more likely to be recommitted or rearrested than any other group (58.9%). Offenders convicted of Class C offenses had the second highest rate of recommitted or rearrest (53.9%).

• Of all offenders convicted of sex offenses, 11.9% were recommitted within two years of their release from incarceration. An additional 11.9% were rearrested but not recommitted.

• The sample included 10 offenders convicted of murder first degree. Only one of these offenders was recommitted within two years of the date of release. The recommitment offense was a Class E felony. One additional offender convicted of first degree murder was rearrested but not recommitted. The rearrest offense was a Class D felony.

• The sample included 1,609 offenders convicted of Class C offenses. A total of 868 (53.9%) offenders convicted of Class C offenses were recommitted or rearrested within two years of the date of their release from incarceration. Of the 868, 40 (4.6%) were recommitted or rearrested for a Class A offense, 29 (3.3%) for a Class B offense 264 (30.4%) for a Class C offense, 85 (9.8%) for a Class D offense, 157 (18.1%) for a Class E offense, 43 (4.9%) for a misdemeanor and 249 (28.7%) were recommitted for a technical violation of the conditions of their release.

• The sample included 900 offenders convicted of Class D offenses. A total of 530 (58.8%) offenders convicted of Class D offenses were recommitted or rearrested within two years of the date of their release from incarceration. Of the 530, 35 (6.6%) were recommitted or rearrested for a Class A offense, 26 (4.9%) for a Class B offense, 104 (19.6%) for a Class C offense, 78 (14.7%) for a Class D offense, 106 (20%) for a Class E offense, 29 (5.4%) for a misdemeanor and 152 (28.7%) were recommitted for a technical violation of the conditions of their release.

• The sample included 3,793 offenders convicted felonies and released during the sample period. Of this number, 2,028 (53.5%) offenders were recommitted or rearrested within two years of the date of their release from incarceration. Of the 2,028, 115 (5.6%) were recommitted or rearrested for a Class A offense, 94 (4.6%) for a Class B offense, 528 (26%) for a Class C offense, 216 (10.7%) for a Class D offense, 411 (20.2%) for a Class E offense, 105 (5.2%) for a misdemeanor and 557 (27.4%) were recommitted for a technical violation of the conditions of their release.

• Of the 2,028 offenders that were either recommitted or rearrested, 10.5% were recommitted or rearrested in less than three months from the date of release, 14.5% within three and six months, 14.3% within six and nine months, 16.9% within nine and twelve months, 13.4% within 12 and 15 months, 11.1% within 15 and 18 months, 10% within 18 and 21 months and 9.5% within 21 and 24 months.