The impact of determinate sentencing on prisoner misconduct

Abstract

PurposeThe shift from indeterminate to determinate punishment policies over the past three decades may have the unintended consequence of increasing prisoner misconduct due to the elimination or reduction of parole and earned gain-time to provide incentives for inmates to comply with institutional rules. This paper advances the existing scholarship addressing this issue. MethodsData on a cohort of 305,228 inmates admitted to prison in Florida over a twelve year period before and after the enactment of a “truth-in-sentencing” law in 1995 requiring all felons sentenced to prison to serve a minimum 85% of their sentence are examined to assess the impact of determinate punishment on whether inmates commit disciplinary infractions and the frequency of misconduct. FindingsThe data show that determinate punishment has had the unintended consequence of significantly increasing the level of inmate misconduct in general and across different types of misconduct; violent, property, and disorderly. ConclusionThe findings indicate that states which currently have or are considering the implementation of determinate sentencing should examine potential changes in policies and practices to alleviate the impact of reductions in inmate incentives to abide by institutional rules.