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After decades of explosive growth, prison populations have mostly flattened. Muchof that is due to lawmakers lessening penalties for drug possession or low-levelproperty offenses. While a welcome start, a bolder approach is necessary to trulybegin to make a dent in the numbers of individuals who have served and will servedecades behind bars. This approach will take political courage from legislators, judges, and theexecutive branch of state governments.
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These are not merely statistics. These are people, sentenced to unimaginably longsentences in ways that do little to advance justice, provide deterrence, or offersolace to survivors of violence. The damage done to these individuals because ofthe time they must do in prison cells - as well as to their families and theircommunities - is incalculable.
People should not spend decades in prison without a meaningful chance of release.There exist vastly underused strategies that policy makers can employ to halt, andmeaningfully reverse, our overreliance on incarceration. We present eight of thosestrategies below.
States have different systems for deciding when to release people from prison. Mostnotably, some states primarily use discretionary parole, others primarily use mandatory release, and most states use a combination of the two.
The reality is more complicated. Most state parole systems consist of a patchwork of discretionary parole and mandatory release.6 The vagaries of sentencing rules are to blame for this complexity. Every state has at various points changed its sentencing laws with respect to certain crimes (including rules about parole eligibility) in response to a change in the political mood, or a recent and highly-publicized violent crime. As a result, someone who commits a robbery or murder in one year may be eligible for parole after serving a fraction of a relatively short sentence. A person committing the exact same crime the next year may be denied parole eligibility and have to serve a quarter century or the rest of his or her life in prison. Every state has gone through these spasms, and they contribute hugely to the lack of equal justice in sentencing and parole.
Currently, parole boards treat continued confinement as the default and must justifywhy someone should be released. Logically, parole should only be denied if the board can prove that the individual has exhibited specific behaviors that indicate a public safety risk (repeated violent episodes in prison, refusal to participate in programming, aggressive correspondence with the victim, etc). But parole board members - who are almostexclusively gubernatorial appointees - may lose their jobs for merely considering torelease someone sentenced to life,17 or for releasing someone who unexpectedlygoes on to commit another crime.18 As a result, many parole boards and theircontrolling statutes routinely stray from evidence-based questions about safety (see sidebar, right).
States should stop putting parolees behind bars for behaviors that, were theindividual not on parole, would not warrant prison time. If a parole condition is itself a law violation, it can be dealt with by the criminal justice system. For example, a parole condition common to all states prohibits parolees from possessing firearms. Since states make it a criminal offense to be a felon in possession of a firearm, traditional criminal justice procedures can be brought to bear when a parolee is found with a firearm. All other, non-criminal violations should be addressed through community intervention and should never subject someone on parole to re-incarceration.
Some states take great care to avoid sending people to prison on technicalviolations, but other states allow high rates of re-incarceration. In orderto increase the likelihood that individuals on parole succeed, and to lighten the loadon overwhelmed parole officers, states should adopt suggestions advanced by theRobina Institute44 and Columbia University Justice Lab:45
All states but Iowa have a framework for compassionate release, but currently fewstates use compassionate release to a meaningful degree.47 The processes varytremendously, but the basic framework is the same: An incarcerated person isrecommended for release48 on compassionate grounds to prison administrators,who then solicit a medical recommendation, and then administrators or members of the parole board approve or deny a conditional release. These programs are plaguedby many shortcomings, including:
Jorge Renaud is a Senior Policy Analyst at the Prison Policy Initiative. He holds a Masters in Social Work from the University of Texas at Austin. His work and research is forever informed by the decades he spent in Texas prisons and his years as a community organizer in Texas, working with those most affected by incarceration.
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This report documents the rates of incarceration for white, Black and Latinx Americans in each state, identifies three contributors to racial and ethnic disparities in imprisonment, and provides recommendations for reform.
In the United States, over half of people in prison are serving a decade or longer and one in seven incarcerated people are serving a life sentence.8 To end mass incarceration, the United States must dramatically shorten sentences. Capping sentences for the most serious offenses at 20 years and shifting sentences for all other offenses proportionately downward, including by decriminalizing some acts, is a vital decarceration strategy to arrive at a system that values human dignity and prioritizes racial equity.
This report begins by examining the evidence in support of capping sentences at 20 years. Countries such as Germany and Norway illustrate that sentences can be far shorter without sacrificing public safety. A wealth of criminological evidence makes clear that unduly long sentences are unnecessary: people age out of crime, and even the general threat of long term imprisonment is an ineffective deterrent.
Laws and policies that lengthen prison sentences, enhance time-served requirements, and limit parole have combined to lengthen prison stays dramatically. In Georgia, for example, the typical sentence imposed for voluntary manslaughter in 1990 was just under 13 years and those convicted were released, on average, after five years. By mid-2022, the typical sentence for the same crime was nearly 20 years and the average time served was just over 11 years.13 Time in prison for this crime more than doubled in about 20 years.
A number of state and federal policymakers have begun to pursue reforms to stem prison growth, but thus far, most decarceration strategies have focused on people convicted of relatively low-level, nonviolent crimes. These efforts are worthwhile, but leave excessively long sentences largely untouched.14 It is virtually impossible to end mass incarceration without addressing long sentences, which are typically applied in response to violent crimes.15 The Sentencing Project recommends capping all prison sentences at 20 years to address the societal harms caused by mass incarceration while still protecting public safety.
A 20-year sentence cap would align the U.S. with many western democratic nations. In countries such as Norway and Germany, criminal sanctions balance accountability with proportionality while protecting human dignity. As a result, most periods of imprisonment do not exceed 20 years, and sentences for lesser offenses reflect this general cap.16 Prison time is dedicated to programming, therapy, self-improvement, and education to improve odds of remaining crime-free after release. It is well understood that this period should last no longer than 20 years, and typically takes far less time.
Evidence shows lengthy prison terms do not have a significant deterrent effect on crime,17 but they do divert resources from effective investments in public safety.18 This reasoning implies, then, that a 20-year sentence cap could promote public safety. Long sentences also exacerbate many of the pains of imprisonment, including accelerated declines in health for which people receive substandard health care.19
Lastly, a sentence cap of 20 years would advance racial justice. Though overrepresentation of Black and Latinx Americans and other people of color plagues the criminal legal system from beginning to end, the disparity grows more evident as sentence lengths increase.24 In 2019, Black people represented 14% of the total U.S. population, 33% of the total prison population, and 46% of the prison population who had already served at least 10 years. One in five Black men in prison is serving a life sentence and two thirds of all people serving life are people of color.25 Higher levels of engagement in violent crime explain only some of this disproportionality. As an abundance of scholarship demonstrates, racial and ethnic bias drives harsher sentencing outcomes because of race.26
While the vast majority of individuals, regardless of conviction offense, will age out of criminal behavior,117 a small percentage of persons may still present a risk to public safety at the conclusion of 20 years in prison. This small percentage of cases may include individuals with a history of chronic and serial violent recidivism and individuals who commit mass killings.118 To address such cases other countries use preventative detention, a legal mechanism to prevent future offending by individuals perceived to be a high reoffense risk. The specifics differ by country. For example, Canada uses an indeterminate sentence with a review process, while Belgium, France, and Germany extend incapacitation using either determinate or indeterminate sentencing. In these countries, preventative detention is typically part of the original criminal sentencing which extends the period of confinement beyond the original sentence length.119 041b061a72