Part II Impact

Section 1. Use of Incarcerative Sanctions

GOAL: Use of incarcerative sanctions is prioritized toward offenders convicted of serious offenses and certain offenders who have long prior records, in order to maximize the finite capacities of state and local correctional facilities. F.S. 921.001(4)(a)7.

FACT: Serious offenders and non-violent offenders with long prior records represented a larger proportion of state prison admissions under the 1994 and 1995 versions of the guidelines compared to pre-1994 guidelines.

FINDINGS:

• Overall, the proportion of violent offenses has dramatically increased, from 30.0% of prison admissions in FY 1992-93 to 39.2% in FY 1996-97 (Figure 1).
  
  
• In line with the goals of the sentencing guidelines, the proportion of prison admissions for less serious drug offenses have decreased from 31.0% in FY 1992-93 to 23.8% in FY 1996-97 (Table 1).
  
  
• Murder/Manslaughter offenses represented 4.5% of all state prison admissions in FY 1996-97, up from 3.9% in FY 1992-93 (Table 1).
  
  
• Sexual/Lewd Assault offenses increased by 0.6% among those admitted to state prison, from 4.4% in FY 1992-93 to 5.0% in FY 1996-97 (Table 1).
  
  
• Prison admissions of nonviolent, 3rd degree felony offenders have become more heavily focused on those with long prior prison records. For example, drug offenders with two or more prior prison sentences represented 42.2% of all 3rd degree felony convictions in FY 1996-97, up from 28.7% in FY 1992-93 (Table 2).

NOTE: The admissions from FY 1992-93 utilized for these analyses, include only cases with offense dates on or after 1/1/90. This restriction allows comparability to the 1994 guidelines structure which was in effect for offenses committed on or after January 1, 1994.

Figure 1

*Excludes Capital Cases.
** FY1992-93 includes only cases with offense dates on or after 1/1/90.

Table 1
Changes in Prison Admission Distributions * by Offense Type
for Sentencing Guidelines Policy in Effect
Offense Type	FY 1992-93 Admissions Under Pre-1994 Guidelines Policy**		FY1996-97 Admissions Under 94/95 Guidelines Policy		Change in Distribution
Murder/Manslaughter	1,174	3.9%	799	4.5%	+0.7%
Sexual/Lewd Assault	1,331	4.4%	885	5.0%	+0.6%
Robbery	2,977	9.8%	1,994	11.3%	+1.5%
Violent, Other	2,981	9.8%	2,727	15.5%	+5.6%
Burglary	5,767	19.0%	3,696	21.0%	+1.9%
Property Theft/Fraud/Damage	5,352	17.7%	1,827	10.4%	-7.3%
Drugs	9,074	30.0%	4,187	23.8%	-6.2%
Weapons	911	3.0%	788	4.5%	+1.5%
Other	719	2.4%	707	4.0%	+1.6%
Total	30,286	100.0%	17,610	100.0%
*Excludes capital offenses.
**Offense Dates after 1/1/90.

 

Table 2
Current Prison Admissions for Non-Violent Offense Groups
by Prior Prison Record and Guidelines Policy
Third Degree Felony Offenses Only
FY 1992-93* and FY 1996-97
Property Offenses
Prior Prison	Pre-94 Guidelines Policy		94/95 Guidelines Policy		Change in
Record	FY 1992-93		FY 1996-97		Percent
0	2,648	41.6%	848	38.7%	-2.8%
1	1,500	23.5%	410	18.7%	-4.8%
2 to 4	1,962	30.8%	738	33.7%	+2.9%
5 or more	261	4.1%	194	8.9%	+4.8%
Total	6,371	100.0%	2,190	100.0%
Drug Offenses
Prior Prison	Pre-94 Guidelines Policy		94/95 Guidelines Policy		Change in
Record	FY 1992-93		FY 1996-97		Percent
0	1,501	42.7%	305	26.9%	-15.8%
1	878	25.0%	235	20.7%	-4.2%
2 to 4	1,009	28.7%	478	42.2%	+13.5%
5 or more	128	3.6%	115	10.2%	+6.5%
Total	3,516	100.0%	1,133	100.0%
Other Offenses
Prior Prison	Pre-94 Guidelines Policy		94/95 Guidelines Policy		Change in
Record	FY 1992-93		FY 1996-97		Percent
0	284	55.9%	230	51.3%	-4.6%
1	125	24.6%	94	21.0%	-3.6%
2 to 4	93	18.3%	115	25.7%	+7.4%
5 or more	6	1.2%	9	2.0%	+0.8%
Total	508	100.0%	448	100.0%
* FY 1992-93 figures include only cases sentenced in FY92-93 with offense dates on or after 1/1/90.