Truth-in-Sentencing Provisions

The term truth in sentencing (TIS) alludes to a variety of sentencing guidelines and restrictions that serve to reduce uncertainty associated with the length of time that convicted offenders must serve in prison. Although truth-in-sentencing provisions vary widely by jurisdiction, common elements include the elimination or restriction of parole eligibility and good-time credits, the use of sentencing guidelines and mandatory minimum sentences, and notably, the requirement that inmates serve at least 85 percent of their prison sentence prior to becoming eligible for supervised or unconditional release back into society. Truth-in-sentencing efforts have been undertaken primarily with the intention of ending or limiting early release mechanisms to keep violent offenders in prison, while exacting “just deserts” by reducing common disparities between the length of court-ordered prison sentences and the actual time inmates serve in prison.

Truth in sentencing became one of the most prominent determinate sentencing reforms of the 1980s and 1990s, because the actual amount of time convicted offenders were generally spending in prison was significantly less than the judicially imposed sentence handed down by courts. Indeterminate sentencing made this, and the release of a prisoner prior to the expiration of his or her court-imposed sentence, a likely possibility. As a result, various criticisms had been leveled at indeterminate sentencing practices, which were pervasive prior to this period. TIS proponents argued that disparities between prison sentences and actual time served could undermine public confidence in the legitimacy of the criminal justice system. It has also been argued that early release could attenuate the goal of deterring criminal behavior by attaching a level of uncertainty to a prison sentence. Finally, it was believed the full effects of incapacitation could not be achieved with early release still existing as a possibility.

As a result, many states and the federal government began adopting various determinate and truth-in-sentencing protocols, which require convicted offenders to serve a substantial and more clearly specified portion of their given prison sentence prior to becoming eligible for release. Washington became the first state to enact a truth-in-sentencing law, in 1984, with many states, as well as the federal government, following closely behind. Congress quickly began reacting to changing attitudes about sentencing and corrections by mandating TIS provisions at the federal level through the Sentencing Reform Act of 1984. The subsequent development of the federal truth-in-sentencing program continued to reflect the attitudes, sentencing reforms, and practices taking shape in many states across the country.

Ten years later, Congress responded again by authoring the Violent Crime Control and Law Enforcement Act of 1994. This legislation created violent offender incarceration and truth-in-sentencing (VOI/TIS) incentive grants, designed to help states reduce the number of violent offenders in communities. Grants were initially made available to determinate sentencing states that wished to build new or expand existing correctional facilities in order to provide more bed capacity to house violent offenders. The Violent Crime Control and Law Enforcement Act of 1994 was later amended in 1996 to allow for the possible inclusion of states exercising indeterminate sentencing policies.

In addition to a focus on violent offenders, VOI/TIS funds have been used to expand housing for convicted nonviolent offenders and illegal aliens, as well as increase available funding for drug testing and treatment programs. To qualify for VOI/TIS federal funds, states have been required either to implement various TIS laws that require persons convicted of specific violent offenses (Part I) to serve not less than 85 percent of the judicially imposed sentence or to prove that they have already been [Page 438]requiring convicted violent offenders to serve at least 85 percent of the sentence.

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