2001 Annual Report
 

April 1, 2002

The Honorable Thomas Vilsack

Governor of Iowa

State Capitol

Des Moines, Iowa 50319

Dear Governor Vilsack:

On behalf of the members and staff of the Iowa Board of Parole, I am pleased to submit our Annual Report for State Fiscal Year 2001 (July 1, 2000 – June 30, 2001)..

During FY 2001 the Board approved 1,249 work release applications and 3,000 paroles. These figures represent a 12.8 percent increase in work releases and a 6.2 percent increase in paroles. FY2001 data show that the Board has continued to work diligently to protect the public: while there were approximately 5,500 individuals on parole at the end of FY2001, there were only 548 (10.0 percent) revocations during the year, of which seven (1.3 percent) were for new forcible felonies. While 29,555 paroles have been granted since July of 1989, only 116 (0.4 percent) have resulted in revocation for new forcible felonies.

This year’s report builds on the reports prepared since FY98, as the Board is attempting to provide a more complete understanding of its workload and the environment in which it functions. We continue to include historical data to permit an understanding of parole trends.

During the past year the Board of Parole continued using technology to assist in protecting the public and responding to the needs of victims. With its innovative use of the Iowa Communications Network (ICN), in recent years the Board has dramatically increased efficiency while reducing travel in considering parole. The ICN has also been of great assistance in safely controlling the size of the prison population. It also allows us to conduct revocation hearings and offer statewide public education from our own conference room.

During FY2001 the Board also continued supervision of the Sixth Judicial District Pilot Project, which has sadly been terminated by the Supreme Court as a violation of the separation-of-powers doctrine in the Iowa Constitution. The project used administrative parole judges to conduct probation revocation hearings, thus reducing the workload of criminal court judges and increasing consistency in revocation proceedings. A second administrative judge was added to the project in FY01, increasing the its capacity to deal with probation revocation hearings. While the project had been met with approval from many of those touched by its operation, it ceased functioning on February 27, 2002. Despite this setback, the Board will continue to search for innovative solutions to deal with issues involving probation and parole.

Respectfully submitted,

Elizabeth Ford,

Chairwoman

TABLE OF CONTENTS

I. HIGHLIGHTS *

II. MISSION STATEMENT *

III. AGENCY OVERVIEW *

IV. BOARD RESPONSIBILITIES *

Table 1. Performance Summary FY2000 and FY2001 *

Table 2. Parole and Work Release Grants, FY1992-FY2001 *

Table 3. Decisions by Offense Class, FY2001 *

Table 4. Paroles and Expirations, by Offense Class and type, FY2001 *

Table 5. Executive Clemency, FY2001 *

V. IOWA COMMUNICATIONS NETWORK *

Table 6. Mileage Saved by ICN *

Table 7. ICN Hearings, Interviews, and Costs, by Fiscal Year *

VI. PRISON POPULATION *

Table 8. Prison Population by Offense Type *

Table 9. Sentence Length of Prison Population *

Table 10. New Prison Admissions by Offense Type, Most Common Offense, FY1991-2001 *

Table 11. Race of Prison Population at End of Fiscal Year, 1991-2001 *

Table 12. Age of Prison Population at end of Fiscal Year, 1991-2001 *

Table 13. Number of Prison Commitments of Prison Population on June 30 *

Table 14. June 30 Population, Lifers, Mandatory Minimums *

Table 15 Prison Population Offense Types *

Table 16. Risk Levels of Prison Population 6/30/2001, by Offense Class *

VII. SIXTH JUDICIAL DISTRICT PROBATION PROJECT *

Table 17. Sixth District Probation Revocation Project *

Table 18. Comparison: Pilot Project Dispositions FY2001 vs. FY2000 *

Table 19. ALJ #2 Agreement with Recommendations *

VIII. TIME SERVED PRIOR TO PAROLE *

Table 20. Time Served Prior to Parole Approval *

Table 21. FY 2001 Months Served Prior to Parole Approval *

IX. PAROLE REVOCATION *

Table 22. Type and Class of Convictions Leading to Automatic Revocations, FY2001 *

Table 23. Parole Revocations, FY85-FY2001 *

Table 24. Dispositions of Parole Revocation Hearings, FY2000-2001 *

Table 25. Paroles Granted and Revoked, FY2001 *

Table 26. Paroles Granted and Revoked, FY89-FY2001 *

Table 27. Revocation Jail Data, FY2001 *

X. VICTIM SERVICES *

Table 28. Financial Status Report FY2001 *

APPENDICES *

I. HIGHLIGHTS

With the departure of Charles W. Larson, Sr., Elizabeth Ford was appointed as the Board’s new Chairwoman in September, 2001. The vacancy created by Mr. Larson’s resignation was filled in the fall of 2001 with the appointment of Richard Bordwell as its new Vice-Chairman.

The Board in FY2001 approved 1,249 work release applications and 3,000 paroles. With approximately 5,500 individuals on parole caseloads at the end of the year, only 548 paroles were revoked during FY2001, with seven of these revocations due to new forcible felonies.

Of all those paroled since July 1, 1989, only 17.3 percent have been revoked from parole. Less than half of one percent have been revoked for committing new forcible felonies.

In FY2001 the Board continued its innovative use of the Iowa Communications Network, which enables the board to maximize productive use of its time and permit interested parties the opportunity to view parole hearings without extensive travel. The Board continued extensive use of the ICN in conducting hearings in FY2001, and the families of victims and inmates also attended hearings via the ICN. The ICN was also used as an educational tool for high school students, permitting them to view Board hearings and question members and staff about their activities.

The Board continued to expand its list of registered victims, ensuring that victims are notified of parole, work release, and revocation hearings, and providing them the opportunity for input in the deliberative process. The number of victim requests processed by the Board has more than doubled since FY1996. The Board has also established a toll-free victim number to facilitate communications: 866-448-4611.

The Board continued an experiment in the Sixth Judicial District, using the Senior Administrative Parole Judge for probation revocation hearings in which the original sentence was a suspended prison sentence, thereby providing additional consistency in these proceedings. A second administrative law judge was added to the project in FY01, increasing its capability to deal with revocation hearings. There is some evidence that this project has contributed to a low rate of parole revocation in the Sixth District.

The Board continued its use of risk assessment in granting or denying work release or parole. This tool has enabled the Board to better protect the public while not delaying release for inmates who are good risks. During FY2001 the Board began a re-validation of its risk assessment to assess its accuracy in identifying the most dangerous offenders.

 

II. MISSION STATEMENT

Objectives:

Comprehensive and efficient consideration for parole and work release of offenders committed to the Department of Corrections.

Expeditious revocation of paroles of persons who violate release conditions.

Careful consideration of victim opinions concerning the release of offenders and prompt notification to victims of Board of Parole release decisions.

Quality advice to the Governor in matters relating to executive clemency.

Timely research and analysis of issues critical to the performance of the Board of Parole.

 

III. AGENCY OVERVIEW

The Iowa Board of Parole consists of five members appointed by the Governor. The chairperson and vice-chair are full-time salaried members of the Board. Three members are on a per diem basis and all five members serve staggered, four-year terms.

Iowa law states that the membership of the Board must be of good character and judicious background, must include a member of a minority group, may include a person ordained or designated a regular leader of a religious community and who is knowledgeable in correctional procedures and issues, and must meet at least two of the following three requirements:

1) contain one member who is a disinterested layperson;

2) contain one member who is an attorney licensed to practice law in this state and who is knowledgeable in correctional procedures and issues;

3) contain one member who is a person holding at least a master’s degree in social work or counseling and guidance and who is knowledgeable in correctional procedures and issues.

BOARD OF PAROLE MEMBERSHIP

ELIZABETH ROBINSON-FORD, Chairwoman, Davenport. Robinson-Ford was appointed to the Board in November, 1994, and appointed Chairperson in October, 2001 after having previously served as Vice-Chairperson. She also serves on the Iowa Prisoner Minority Over-Representation Task Force. Robinson-Ford has worked for the City of Shreveport, Louisiana, as an Administrative Assistant and Records Specialist for the Police Department. She is a member of the Minority Chamber of Commerce, the Iowa Invests Mentor Program, the Juvenile Justice Committee, Big Sisters, and United Way. She has also been selected to serve on the Iowa Board for the Treatment of Sexual Abusers, the Criminal and Juvenile Justice Planning Council, and the Iowa Organization for Victim Assistance. She has a degree in Applied Sciences from Southern University at Shreveport and a degree in Business Administration/Accounting from Commercial Business College in Alexandria, Louisiana. She has continued her education in the criminal justice field. Chairperson Robinson-Ford retired as Administrative Assistant with the Scott County Decategorization Program in 1999.

CHARLES W. LARSON, Chairperson, Cedar Rapids. Larson retired from his position as Board Chairperson in September, 2001 to become U.S. District Attorney for the Northern District of Iowa. Larson was appointed to the Board of Parole in May, 1998, after serving as Iowa’s Drug Policy Coordinator since 1993. This was his second term with the Board of Parole. Larson also served for seven years as United States Attorney for the Northern District of Iowa. From 1979 to 1982 he served in Saudi Arabia as a consultant to the Kingdom’s Highway Patrol Project. From 1973 to 1979 he served as Iowa’s Commissioner of Public Safety. Larson retired as a colonel from the Active Army Reserves.

RICHARD S. BORDWELL, Vice Chairperson, Washington, Iowa. Bordwell was appointed to the Board of Parole in October, 2001. He has been in the private practice of law since 1972. He also served as a county attorney for 6 ½ years and as a judicial magistrate for five years. In 1969 he received a B.S. degree form Iowa State University and, three years later, a J.D. degree from the University of Iowa. Bordwell retired as a Major from the U.S. Army Reserve.

CURTIS S. JENKINS, West Des Moines. Jenkins was appointed to the Board of Parole by Governor Terry Branstad in 1997. He was reappointed by Governor Thomas J. Vilsack in 2001. Jenkins has BS from Southern Illinois University. He is the is a member of the Corinthian Baptist Church, Kappa Alpha Psi Fraternity, Des Moines Alumni, and the KAPSI Foundation. Jenkins served in the United States Air Force. His volunteer work includes Internal Audit Committee and Tax Return Preparation for the Corinthian Baptist Church. He serves on the Board of Directors of OSACS Women Center and the Corinthian Gardens Apartments.

KAREN KAPLAN MUELHAUPT, Des Moines. Governor Thomas Vilsack appointed Muelhaupt to the Board of Parole in 1999. She received her BA degree from Drake University in 1988. She worked for the Department of Corrections as a Pre-sentence investigator from 1975-1985. In 1985, she was hired as a rape counselor with Polk County Victim Services. She co-created one of the Nation’s first Homicide Crisis Response teams, and in 1997 was the recipient of the Presidential Crime Victims award. She retired in 1998. Muelhaupt is a licensed Social Worker.

ROGERS KIRK, JR., Davenport. Kirk was appointed to the Board in November, 1999. For the past four years he has been the Pastor of the Third Missionary Baptist Church of Davenport. Pastor Kirk is President of the Iowa Congress of Christian Education, Dean of the Eastern District Association, Instructor in the National Congress of Christian Education, and Instructor at the American Baptist Theological Seminary. He is also past-president of the NAACP Metro-Com Branch, Quad City Interfaith and serves on many state and local boards. Pastor Kirk attended Northeast Louisiana University and has served parishes in Monroe and Ruston, Louisiana.

BOARD STAFF

Clarence Key, Jr., Executive Director. Key has served the Board since November of 1999. Key has a BA degree in Criminal Justice from Simpson College and has worked in state government for over twenty years. Mr. Key has served as a probation officer for the 5th Judicial District Department of Correctional Services, as an Assistant for Corrections (Prison Ombudsman) for the Citizen's Aide Ombudsman, and as a Justice Systems Analyst for the Division of Criminal and Juvenile Justice Planning. Key also currently serves as an executive board member of the Des Moines Branch of the NAACP and has been president of the Iowa Corrections Association (1993-1994).

James C. Twedt, Senior Administrative Parole/Probation Judge

Jerry Menadue, Liaison Officer

Heather Hackbarth, Statistical Research Analyst

Karen Myers, Executive Officer

Lori Myers, Case Coordinator and Liaison Officer

Diane Jay, Victim Coordinator

Jo McGrane, Administrative Secretary

Carol Edmonston, Clerk

Michelle Carlson, Clerk Specialist

Paul Stageberg, Ph.D., Report Consultant

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This project was supported by grant number 01C-1956, awarded by the Governor’s Office of Drug Control Policy (ODCP). Points of view in this document do not necessarily represent the official position or policies of either ODCP or the U.S. Department of Justice.

IV. BOARD RESPONSIBILITIES

Inmate Reviews and Interviews. By law, the Board systematically reviews the status of each person committed to the custody of the Director of the Iowa Department of Corrections and considers the person’s prospects for parole or work release. The Board reviews at least annually the status of persons other than Class A felons, Class B felons serving time under the 85% law or felons serving mandatory minimum sentences. The Board also provides the person written notice of its parole or work release decision.

Not less than twenty days prior to conducting a hearing at which the Board interviews the person, the Board notifies the Department of Corrections regarding the interview schedule. The Department then makes the person available to the Board at the person’s institutional residence.

Risk Assessment. The Board has used offender risk assessment since March, 1981. Its use has enabled the Board to increase paroles while maintaining a high degree of public safety. An offender is rated on a scale from one to nine. In order to be granted parole, those receiving a parole risk score of one through six require three affirmative votes from the Board; a risk score of seven or eight requires four votes; and a risk score of nine requires all five votes.

Victim Notification. The Board notifies registered victims of violent crimes of upcoming interviews with identified offenders and of decisions made at those interviews. The victim or appointed counsel has the right to attend the interviews and testify. In addition, all written communications from victims become a permanent part of offenders’ files.

Parole. The Board is empowered to grant, rescind, and revoke parole, as well as discharge offenders from parole. The Board decides the conditions of parole, which may be added to by the supervising Judicial District

Work Release. The Board is empowered to grant or rescind work release. Work release periods are approximately six months, but may be adjusted through Board action.

Review of Parole and Work Release Programs. The Board is required to review parole and work release programs being instituted or considered nationwide and determine which programs may be useful for Iowa. Each year the Board also reviews current parole and work release programs and procedures used in the State of Iowa.

Release Studies. The Board is required to conduct studies of the parole and work release system as requested by the Governor and the General Assembly. The Board has fulfilled this responsibility in recent years by conducting recidivism studies of inmates released in FY1990, FY1996, and FY1998.

Review of Computer System. The Board is required to increase utilization of data processing and computerization to assist in the orderly operation of the parole and work release system.

BOARD WORKLOAD

The information contained in this section provides a statistical summary of the Board’s workload for FY2001. As the tables and charts on the following pages indicate, the Board conducted a total of 10,160 release deliberations. These deliberations resulted in the Board’s granting 3,000 paroles and 1,249 work releases. The majority of parole and work release grants were derived from case reviews rather than inmate interviews.

In FY2001 the Board continued taking particular care in paroling inmates convicted of crimes against persons. While 29.3 percent of the 9,076 deliberations involving felons resulted in paroles, only 10.3 percent of those involving felonies against persons resulted in paroles. Those convicted of crimes against persons were also less likely to be granted work release.

The Board attempted to respond to increasing pressure on the prison population in FY2001 by reducing average length of stay prior to a release decision. Because of its focus on preventing new violent crime, most of the reduction was seen among non-violent offenders.

Parole revocation hearings totaled 610 in FY2001, compared to 618 in FY2000. Of the total hearings, 536 resulted in revocation of parole. One hundred ninety-two of these (or 35.8 percent) were automatic revocations due to new convictions for felonies or aggravated misdemeanors. In addition, the Board conducted 363 work release revocation hearings, with 335 of these resulting in revocation.

On occasion the Board may rescind a grant of parole or work release due to inmate misbehavior, failure to follow through in development of a parole or work release plan, or at an inmate’s request. In FY2001 there were 233 parole rescissions, with 40 of these resulting from inmate refusal of parole. There were also 92 work release rescissions, with 43 of these due to inmate refusal.

Reviews of applications for restoration of citizenship totaled 487, with 320 (65.7 percent) recommended to the Governor. Both these figures were down from FY2000, although the change may be artificial due to a change in record keeping.

The Board reviewed 29 appeals from inmates requesting reconsideration of prior decisions resulting from revocation hearings. Also, the number of offenders receiving simultaneous parole and discharge totaled 236. These offenders are typically within 30 days of the end of their sentences, have had no recent disciplinary reports, are usually misdemeanants with low risk assessment scores, and are not serving sentences for felony sex offenses. The Board has concluded that the short period remaining until expiration of sentence is insufficient for parole officers to verify parole plans or commence supervision.

While figures suggest a decrease in executive clemency applications in FY2001, a change in record keeping may have resulted in some of the drop.

The research division completed 2,940 offender risk assessments in FY2001, a 21 percent increase from FY2000. As shown in the appendix, the Board makes consistent use of these assessments in determining whether to approve or deny parole or place inmates on work release.

Also, the victim coordinator reviewed 702 victim requests and mailed 2,330 notices to registered victims. Both these figures were up from FY2000 (564 requests and 2,102 notices). Registration requests have more than doubled since FY96. The total number of registered victims at the end of FY2001 was 2,300, compared to 1,988 in FY2000.

The table and graphs on the following pages show the workload of the Board and staff members for FY 2001

 

Table 1. Performance Summary FY2000 and FY2001

FY2000

FY2001

% change

RELEASE DELIBERATIONS:

9,508

10,160

6.9%

INMATE INTERVIEWS

1,450

1,832

26.3%

Paroles Granted

535

614

14.8%

Work Release Granted

359

420

17.0%

CASE REVIEWS

8,058

8,328

3.4%

Paroles Granted

2,290

2,386

4.2%

Work Release Granted

748

829

10.8%

REVOCATIONS/RESCISSIONS:
PAROLE REVOCATION HEARINGS

618

610

-1.3%

Parole Revocations

484

548

13.2%

Automatic Revocations

135

192

42.2%

WORK RELEASE REVOCATION HEARINGS

342

363

6.1%

Work Releases Revoked

289

335

15.9%

PAROLES RESCINDED

161

233

44.7%

WORK RELEASES RESCINDED
Work Releases Rescinded

90

92

2.2%

REVOCATION APPEALS

29

23

-20.7%

Affirmed

20

16

-20.0%

Amended

9

7

-22.2%

EXECUTIVE CLEMENCY APPLICATIONS:

164

119

-27.4%

Granted

47

40

-14.9%

Denied

36

77

113.9%

LIFER REVIEWS

1

2

100.0%

Commutations Recommended

0

1

--

PARDON REVIEWS

32

88

175.0%

Pardons Recommended

8

37

362.5%

RESTORATION OF CITIZENSHIP REVIEWS

465

487

4.7%

Restorations Recommended

397

320

-19.4%

OTHER REVIEWS:
Inmate Board Decision Appeals

29

102

251.7%

Parole to Discharge**

115

236

105.2%

OTHER BOARD WORK:
Risk Assessments Completed

2,430

2,940

21.0%

Registered Victims, Yearend*

1,988

2,300

15.7%

Victim Registration Requests

564

702

24.5%

Victim Registrations Approved

475

567

19.4%

Victim Notices Mailed

2,102

2,330

10.8%

* FY2000 figure differs from that in FY00 report.
** Actual releases. FY2000 figure differs from FY2000 report

 

 

 

Table 2. Parole and Work Release Grants, FY1992-FY2001

Year

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

% Change

Parole Grants

2,208

2,301

2,417

2,425

2,436

2,449

2,599

3,114

2,834

3,000

35.9%

Work Release Grants

768

895

914

939

967

879

1,094

1,067

1,108

1,249

62.6%

 

 

 

Table 3. Decisions by Offense Class, FY2001

Decision

Parole Release

Work Release

Release Denied

Total

Offense Class

N

%

N

%

N

%

N

%

Compact Felony not person

0.0%

0.0%

7

100.0%

7

0.1%

Compact Felony Total

0

0.0%

0

0.0%

7

100.0%

7

0.1%

Other Felony not person

27

31.0%

12

13.8%

48

55.2%

87

0.9%

Other Felony Total

27

31.0%

12

13.8%

48

55.2%

87

0.9%

Habitual not person

47

19.3%

38

15.6%

159

65.2%

244

2.4%

Habitual vs. person

8

19.5%

2

4.9%

31

75.6%

41

0.4%

Habitual Total

55

19.3%

40

14.0%

190

66.7%

285

2.8%

B Felony not person

30

19.7%

24

15.8%

98

64.5%

152

1.5%

B Felony vs. person

71

7.3%

78

8.1%

817

84.6%

966

9.5%

B Felony Total

101

9.0%

102

9.1%

915

81.8%

1,118

11.0%

C Felony not person

669

31.5%

360

17.0%

1,092

51.5%

2,121

20.9%

C Felony vs. person

113

10.4%

104

9.6%

865

79.9%

1,082

10.6%

C Felony Total

782

24.4%

464

14.5%

1,957

61.1%

3,203

31.5%

D Felony not person

1,608

42.7%

490

13.0%

1,668

44.3%

3,766

37.1%

D Felony vs. person

86

14.3%

51

8.5%

463

77.2%

600

5.9%

D Felony Total

1,694

38.8%

541

12.4%

2,131

48.8%

4,366

43.0%

Old Code vs. person

1

10.0%

1

10.0%

8

80.0%

10

0.1%

Old Code Total

1

10.0%

1

10.0%

8

80.0%

10

0.1%

Total Felonies not person

2,381

37.3%

924

14.5%

3,072

48.2%

6,377

62.8%

Total Felonies vs. person

279

10.3%

236

8.7%

2,184

80.9%

2,699

26.6%

Total Felonies

2,660

29.3%

1,160

12.8%

5,256

57.9%

9,076

89.3%

Agg. Misd. not person

289

42.1%

61

8.9%

337

49.1%

687

6.8%

Agg. Misd. vs. person

42

12.4%

22

6.5%

276

81.2%

340

3.3%

Agg. Misdemeanor Total

331

32.2%

83

8.1%

613

59.7%

1,027

10.1%

Ser. Misd. not person

8

23.5%

5

14.7%

21

61.8%

34

0.3%

Serious Misd. vs. person

1

4.3%

1

4.3%

21

91.3%

23

0.2%

Serious Misdemeanor Total

9

15.8%

6

10.5%

42

73.7%

57

0.6%

Total Misd. not person

297

41.2%

66

9.2%

358

49.7%

721

7.1%

Total Misd. vs. person

43

11.8%

23

6.3%

297

81.8%

363

3.6%

Total Misdemeanors

340

31.4%

89

8.2%

655

60.4%

1,084

10.7%

All Crimes not person

2,678

37.7%

990

13.9%

3,430

48.3%

7,098

69.9%

All Crimes vs. person

322

10.5%

259

8.5%

2,481

81.0%

3,062

30.1%

Total All Crimes

3,000

29.5%

1,249

12.3%

5,911

58.2%

10,160

100.0%

Note: Parole release, work release, and denied column percentages add up horizontally. Total

column percentages add up vertically.



As is suggested in the chart above, expiration of sentence has played an increasing role as a means of exit from Iowa’s prison population. This is due primarily to the Board’s belief that there are certain types of offenders from whom the public must be protected as long as possible. While the Board supports the concept of supervision after release from prison, it is thought that maintaining some offenders as long as possible in a secure environment will contribute to public safety. To illustrate the variation among offender types in release practices, Table 4 is presented below:

Table 4. Paroles and Expirations, by Offense Class and type, FY2001

Expiration

Parole

Par-Work Rel.

Offense Class and Type

Total N

N

%

N

%

N

%

B Felony 50 year term

4

0.0%

2

50.0%

2

50.0%

B Felony 85% law

1

1

100.0%

0.0%

0.0%

B Felony drug

26

0.0%

14

53.8%

12

46.2%

B Felony vs. persons

79

25

31.6%

18

22.8%

36

45.6%

Habitual-property

51

5

9.8%

20

39.2%

26

51.0%

Habitual-persons

8

1

12.5%

2

25.0%

5

62.5%

Other Felony-Drug

29

3

10.3%

15

51.7%

11

37.9%

C Felony not persons

672

81

12.1%

354

52.7%

237

35.3%

C Felony vs. persons

195

103

52.8%

42

21.5%

50

25.6%

D Felony OWI

816

77

9.4%

684

83.8%

55

6.7%

D Felony not persons

991

271

27.3%

519

52.4%

201

20.3%

D Felony vs. persons

179

106

59.2%

51

28.5%

22

12.3%

Compact

3

2

66.7%

1

33.3%

0.0%

Old Code

2

0.0%

1

50.0%

1

50.0%

Felonies vs. persons

468

236

50.4%

116

24.8%

116

24.8%

Felonies not persons

2,585

437

16.9%

1,606

62.1%

542

21.0%

Total Felonies

3,056

675

22.1%

1,723

56.4%

658

21.5%

Aggravated Misd. OWI

119

27

22.7%

91

76.5%

1

0.8%

Agg. Misd. not persons

321

141

43.9%

161

50.2%

19

5.9%

Agg. Misd. vs. persons

188

147

78.2%

34

18.1%

7

3.7%

Serious Misd. OWI

2

1

50.0%

1

50.0%

0.0%

Serious Misd. not persons

17

14

82.4%

3

17.6%

0.0%

Serious Misd. vs. persons

16

16

100.0%

0.0%

0.0%

Misd. vs. persons

204

163

79.9%

34

16.7%

7

3.4%

Misd. not persons

459

183

39.9%

256

55.8%

20

4.4%

Total Misdemeanors

663

346

52.2%

290

43.7%

27

4.1%

Total

3,719

1,021

27.5%

2,013

54.1%

685

18.4%

Note: Compact felonies could not be identified as against or not against persons.

Source: ACIS

Readers interested in an expanded version of this table are urged to consult Appendix 6, which lists paroles, expirations, and expiration percentages, by offense.

Due to the provisions of Iowa Code chapter 914, a person convicted of a criminal offense has the right to make application for executive clemency to the Governor of Iowa. The Governor requests that the Board of Parole make a recommendation regarding these applications. Requests for restoration of citizenship may also be submitted directly to the Iowa Board of Parole within sixty days of discharge from supervision. All applications for commutation, pardons, special restoration of citizenship (firearms), restoration of citizenship (after Board's sixty day time frame) must be submitted to the Governor’s office, which then forwards the applications on to the Board for review. Table 5 shows activity in this area for FY2001. Note that a number of applications may be pending at any given time, so the total number of applications shown in the table may not equal the number of approvals plus denials.

Table 5. Executive Clemency, FY2001

Board Rec.

Application Type

Received

Grant

Deny

Commutation

2

1

1

Pardon

16

17

21

Special Citizenship (firearms)

21

19

33

Restoration of Citizenship

487

320

96

Federal Restoration of Citizenship

0

 

 

Total

526

357

151

Note: Grants and denials may exceed number received due to carryover from previous year.

 

V. IOWA COMMUNICATIONS NETWORK

On July 14, 1994, the Board began to make use of the new Iowa Communications Network (ICN) to manage the State’s prison population more effectively and efficiently.

The ICN is a statewide two-way full motion fiber optic communication network that uses modern technology to connect points throughout all of Iowa’s ninety-nine counties. This network facilitates a variety of Board functions including parole interviews, registered victim input, and parole revocation hearings. Further, the ICN has allowed criminal justice students and the public to observe actual interviews of inmates being considered for parole or work release.

Iowa is the first state in the Nation to use its fiber optics system for monthly parole interviews. Since its initial use of the system in July of 1994, the Board experienced few difficulties with the ICN; the benefits (i.e., cost effectiveness, reduced travel time, and ease of use) have generated positive reactions from the Board, the media, the public, and other states. Inmates and family members have also expressed support for participation in the interview process via the ICN.

With the completion of its own classroom in October, 1995, the Board greatly increased its use of the ICN in the parole process. The Board no longer needs to prepare volumes of inmate files for transport to an ICN classroom; files are reviewed from the Board’s conference room. Thus, transportation and security concerns regarding inmate files have been greatly reduced.

Prior to ICN, victims desiring input were required to travel to a distant institution, were subjected to a rigorous security check, and were possibly seated in the same room as the inmate’s family and friends. With the creation of the Board’s TeleVictim Program, a registered victim is notified of the intended release hearing and is directed to an ICN site near the victim’s home. The victim travels to the local site, provides input, and returns home. The process often requires a few minutes instead of many hours under the old process. Further, the ICN separates victims from inmates, families, and friends and helps defuse potentially tense situations. The incorporation of the registered victim input process via the ICN continues to be a model for parole board interaction with registered victims.

One thousand, four hundred thirty-three parole and probation revocation hearings have been conducted via the ICN since July of 1994. Prior to the creation of the ICN, parole revocation hearings required travel to counties where the alleged parole violation occurred, which could involve as many as four hours of travel one-way. With the advent of ICN, the parole judge travels to a nearby ICN classroom, conducts the hearings, determines violations and appropriate sanctions, and proceeds to the next case. Probation revocation cases are handled as part of the pilot project in the Sixth Judicial District. Of the 510 ICN hearings conducted in FY2001, 235 were probation revocation hearings. Further information on these will be found in the chapter on the Sixth Judicial District pilot program.

The existence of the ICN permitted the Board of Parole to establish its TeleJustice 2000 Education Project in May of 1998 in cooperation with the Heartland Area Education Association. The three main objectives of this project are the following:

To provide students with information about ICN Technology

To provide students with information about the criminal justice system

To provide students with information about actual real life substance abuse problems.

This project places high school students in the live parole interview sessions of the Parole Board via the ICN. Students view inmates making pleas for freedom and the Board’s reactions as they occur. At the conclusion of sessions the students can question the Board or the students’ in-class attorney volunteers. This process enables the students also learn about the characteristics of incarcerated offenders in Iowa and the behaviors that resulted in their imprisonment. Since May of 1998 the Board has hosted over 85 high school classes in this project. Use of the ICN for this purpose has been met with enthusiasm among students, teachers, and local media.

The Board has also utilized the ICN for a number of special projects, including statewide meetings of registered victims and training of parole and probation officers and local public defenders.

The Board’s TeleJustice 2000 Video Project is a program that has resulted in the installation of current video technology in selected Iowa courthouses (Linn County, Polk County, Scott County and Sioux County) along with the Polk County Jail and Interim Jail.

At the present time, the TeleJustice Courtroom is used primarily for Parole and Probation Revocation Hearings. During FY2001 Senior Administrative Parole and Probation Judge James C. Twedt has conducted approximately 204 hearings from his Boone Field Office to Video Courtroom 1B in Cedar Rapids. This process allows Judge Twedt to avoid the lengthy round trip to and from Cedar Rapids.

 

 

 

Table 6. Mileage Saved by ICN

Board Meetings

Revocations

Victims

Families

Fiscal Year

Mileage

Hours

Mileage

Hours

Mileage

Hours

Mileage

Hours

1995

6,444

128.9

11,590

231.8

3,306

66.1

5,344

106.9

1996

6,081

121.6

22,666

453.3

1,285

25.7

5,951

119.0

1997

7,416

148.3

16,726

334.5

2,480

49.6

6,016

120.3

1998

11,608

232.2

17,682

353.6

5,317

106.3

24,746

494.9

1999

10,506

210.1

17,432

348.6

3,666

73.3

15,768

315.4

2000

13,976

279.5

46,086

921.7

5,094

101.9

15,333

306.7

2001

17,523

350.5

45,474

909.5

8,614

172.3

18,639

372.8

Note: hours were calculated as mileage divided by 50. Mileage for Board meetings and revocations were calculated as the distance between Des Moines and the institution in which hearings were held. Mileage for victims and families was developed by identifying victims and families who attended ICN hearings, locating their place of residence, and calculating the distance between there and the site of the hearing.

The Board plans continued use of such technological advances as the ICN as it strives to protect the public from serious crime.

 

 

Table 7. ICN Hearings, Interviews, and Costs, by Fiscal Year

Fiscal Year

Hearings

Interviews

Costs

1995

68

286

$3,385.70

1996

84

262

$7,348.25

1997

81

314

$8,798.00

1998

79

747

$7,883.21

1999

140

865

$10,613.08

2000

471

999

$28.561.22*

2001

510

1,610

$44,098.61

*Cost data for FY2000 are estimated, as figures for May, 2000 were unavailable. Estimated May figures were developed using prorated figures from the 11-month totals.

 

 

VI. PRISON POPULATION

This section is included because, while boards of parole have some control over output from prisons, they have little control over input to prisons. Although boards of parole may have some impact on the nature of the prison population through paroling activity (e.g., through either hastening or delaying release of certain types of prisoners), by and large the prison population is a "given" with which a board must work.

Table 8 shows the make-up of Iowa’s prison population on June 30, 2001, dividing the population into offense classes and persons/non-persons groups. The largest portion of the population is serving time for Class C and Class D felonies (ten-year and five-year maximums) that are not against persons. The only other category of offense accounting for more than ten percent of the population is Class B felonies against persons (principally robbery in the first degree).

Table 8. Prison Population by Offense Type

6/30/2001

Non Persons Offenses

Persons Offenses

Total

Offense Class

N

%

N

%

N

%

Class A Felony

0

0.0%

515

100.0%

515

6.6%

Class B Felony

457

30.8%

1,025

69.2%

1,482

19.0%

Other Felony

349

86.0%

57

14.0%

406

5.2%

Class C Felony

1,555

56.8%

1,182

43.2%

2,737

35.1%

Class D Felony

1,751

78.7%

474

21.3%

2,225

28.5%

Agg. Misdemeanor

226

56.1%

177

43.9%

403

5.2%

Ser. Misdemeanor

13

50.0%

13

50.0%

26

0.3%

All Inmates

4,351

55.8%

3,443

44.2%

7,794

100.0%

Source: ACIS. Excludes compact and federal prisoners, safekeepers, and violators

Table 9, on page 26, presents data on the length of sentences of inmates in residence on June 30 going back to 1990. The table shows increases in each category, but the largest growth among sentences of five years to less than ten years. This may be due to a combination a factors: a greater likelihood on the part of judges to incarcerate Class D felons; a higher rate of failure among Class D felony probationers (these data don’t distinguish between direct court commitments and probation revocations); or an increasing length-of-stay for this group.

 

 

 

 

Table 9 also shows that, since FY1991, Iowa’s prison population has risen 99.7 percent, or slightly under ten percent per year. Most recently, Iowa’s prison population grew at 6.0 percent in FY2001 after a 5.7 percent increase the previous year. Nationally, the Bureau of Justice Statistics (BJS) reports that, although prison populations increased only 1.3 percent between 1999 and 2000, the average increase in state prison populations was 6.0 percent each year from 1990 to 2000 (Beck, 2001). While prison populations have risen steadily throughout the Nation since 1990, Iowa’s increase has eclipsed the national average; according to the BJS, Iowa’s increase from 1990 to 2000 was the Nation’s eleventh highest.

In terms of sentence length, Iowa has seen its largest increase in those serving sentences for Class D felonies (with maximum indeterminate terms of up to five years). The largest group of sentences in the prison population is Class C felonies, with a maximum term of up to ten years, although this group has seen below-average increases during the past. Many of these Class C felons have been convicted of controlled substance crimes.

 

Table 9. Sentence Length of Prison Population

Sentence Length

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

% Change

Less than 2 years

18

32

20

38

22

24

29

35

29

20

28

55.6%

2 years-less than 5

185

219

252

280

296

334

372

448

411

402

389

110.3%

5 years-less than 10

847

885

1,103

1,187

1,552

1,807

1,998

2,284

2,127

2,180

2,212

161.2%

10 years-less than 15

1,776

1,898

1,967

1,937

2,178

2,237

2,342

2,615

2,574

2,591

2,741

54.3%

15 years-less than 20

130

148

171

164

194

210

226

244

242

258

274

110.8%

20 years-less than 50

550

592

647

708

809

870

944

1,020

1,061

1,220

1,389

152.5%

50 years or more

417

455

477

499

538

575

623

651

655

717

749

79.6%

Unknown

154

256

58

277

103

119

192

134

132

258

319

107.1%

Total Population

4,077

4,485

4,695

5,090

5,692

6,176

6,726

7,431

7,231

7,646

8,101

98.7%

Source: Department of Corrections E-1 Reports

The chart on the following page also presents this information, but eliminates sentences of less than two years and the unknown category to make interpretation easier. This shows even more clearly the dramatic rise in those serving sentences of five years to less than ten years (principally Class D felons). At least a portion of this rise has been due to the creation of a new offense, Burglary-3rd degree (a Class D felony), in 1992. With the creation of this offense there has been a large decrease in the number of Burglary-2nd convictions, reducing the rise in Class C felony convictions and contributing to the rise in Class D convictions.

The other point that is evident in the bar graph is the increase in inmates serving sentences of twenty to less than fifty years in the past three years. These offenses would primarily be Class B felonies. While the number of those serving sentences of less than ten years has dropped since FY98, there has been an increase of more than 300 inmates serving twenty to less than 50 years, accounting for about half of the population’s increase over that period.

Source: Department of Corrections E-1 Reports.

To further provide an idea of the nature changes in the prison population, Table 10 is presented below, showing changes in the number of broad offender types in prison admissions between FY91 and FY2001. The largest changes over the period shown on the table have been seen in drug offenses (+279 percent), OWI/traffic (+197 percent), assault (+160 percent), weapons offenses (+96.4%), other miscellaneous offenses (+121 percent), and forgery/fraud (+92.2 percent). All three of the offenses showing the largest increases involved significant numbers of offenders, but only one of the three – drug offenses – also showed an increase between FY2000 and FY2001.

Only one group of offenses – murder/manslaughter -- showed decreased admissions during the ten-year period, although four showed decreases between FY2000 and FY2001. Murder/manslaughter involves only a small number of admissions each year, and such small numbers are susceptible to large yearly fluctuation

 

Table 10. New Prison Admissions by Offense Type, Most Common Offense, FY1991-2001

(New Court Commitments and Probation Revocations)

Primary Offense

FY91

FY92

FY93

FY94

FY95

FY96

FY97

FY98

FY99

FY00

FY01

% Chng 91-01

% Chng 00-01

Drug Offenses

235

319

369

340

338

466

523

653

654

841

891

279.1%

5.9%

Burglary

335

364

342

349

352

374

400

438

366

428

390

16.4%

-8.9%

Theft

322

353

362

318

322

402

406

448

414

397

379

17.7%

-4.5%

OWI/Traffic

123

172

208

280

258

231

280

392

457

408

365

196.7%

-10.5%

Assault

128

122

169

189

214

246

273

325

298

333

333

160.2%

0.0%

Sexual Abuse

212

224

205

251

232

212

206

233

225

209

268

26.4%

28.2%

Forgery/Fraud

129

134

126

158

216

223

226

281

212

191

248

92.2%

29.8%

All Other Offenses

46

42

62

41

45

46

35

64

69

75

90

95.7%

20.0%

Robbery

74

79

85

111

114

111

84

90

90

122

86

16.2%

-29.5%

Weapons

28

37

43

55

69

91

79

74

63

54

55

96.4%

1.9%

Murder/Mansl

66

77

45

48

56

57

72

56

47

50

55

-16.7%

10.0%

Tot. Admits

1,788

2,044

2,113

2,236

2,345

2,574

2,697

3,180

2,999

3,210

3,271

82.9%

1.9%

Source: Division of Criminal and Juvenile Justice Planning, data taken from the Adult Corrections Information System (ACIS).

The next three tables deal with the changing demography of the prison population over the past decade, showing race, current age, and number of prison commitments. In terms of racial groups, there has been a considerable change during the period, particularly so for Hispanics, figures for whom weren’t even tabulated separately at the beginning of the decade.

Note that while the percentage increase for African Americans outstripped that for whites, there has been little change in their raw number of inmates since FY98; while whites showed an increase of 479 during that period, the black increase was only 65. Nevertheless, African Americans continue to be over-represented in Iowa’s prison population.

A final comment on Table 11 concerns Asian Americans who, although they still don’t constitute a large portion of the prison population, have seen a dramatic increase since FY1991. Further analysis should be done on this group to determine if the change over the decade is simply a function of small numbers or, instead, a real trend.

 

 

Table 11. Race of Prison Population at End of Fiscal Year, 1991-2001

Race

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

% Chg.

Chg 96-01

White

3,047 3,333 3,368 3,526 3,937 4,299 4,579 5,164 5,035 5,267 5,643

85.2%

31.3%

African American

907

1,039

1,133

1,324

1,472

1,524

1,625

1,779

1,748

1,800

1,844

103.3%

21.0%

Hispanic

--

--

107

127

157

212

261

300

267

361

425

--

100.5%

Native American

71

66

60

72

84

98

120

121

113

140

119

67.6%

21.4%

Asian-American

10

13

15

28

32

38

46

56

54

63

54

440.0%

42.1%

Other

39

33

11

12

10

5

5

10

14

15

15

-61.5%

200.0%

Unknown

3

1

1

1

0

0

0

1

0

0

1

-66.7%

--

Total

4,077

4,485

4,695

5,090

5,692

6,176

6,636

7,431

7,231

7,646

8,101

98.7%

31.2%

Source: E-1 reports

Table 12 illustrates the gradual aging of Iowa’s prison population. Either as a function of longer average sentences or because of later "burn-out" of criminal careers, Iowa’s prison population. After showing a median age of 29 at the beginning of the decade, the prison population showed a median of 32 at the end of FY2001. This, combined with Table 13 on prison sentences, suggests that the prison population has become older and more hardened.

Table 12. Age of Prison Population at end of Fiscal Year, 1991-2001

Age

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

% Chg.

Chg 96-01

9-17

6

8

10

17

20

31

24

34

25

28

19

216.7%

-38.7%

18-20

370

393

403

450

485

551

530

653

584

624

581

57.0%

5.4%

9-20

376

401

413

467

505

582

554

687

609

652

600

59.6%

3.1%

21-25

1,031

1,127

1,138

1,173

1,310

1,340

1,390

1,524

1,456

1,605

1,692

64.1%

26.3%

26-30

921

1,038

1,039

1,021

1,107

1,196

1,260

1,346

1,218

1,209

1,335

45.0%

11.6%

31-35

702

766

851

960

1,111

1,172

1,264

1,301

1,238

1,237

1,269

80.8%

8.3%

21-35

2,654

2,931

3,028

3,154

3,528

3,708

3,914

4,171

3,912

4,051

4,296

61.9%

15.9%

36-40

451

507

530

657

714

859

989

1,164

1,188

1,254

1,290

186.0%

50.2%

41-50

416

454

514

590

676

735

869

1,044

1,134

1,252

1,420

241.3%

93.2%

51-60

135

140

152

164

190

216

240

279

293

331

371

174.8%

71.8%

61-70

41

44

47

47

66

64

57

68

75

84

96

134.1%

50.0%

71-80

4

8

11

11

13

12

13

17

19

20

25

525.0%

108.3%

Over 80

0

0

0

0

0

0

0

1

1

1

3

--

--

36 or more

1,047

1,153

1,254

1,469

1,659

1,886

2,168

2,573

2,710

2,942

3,205

206.1%

69.9%

Total

4,077

4,485

4,695

5,090

5,692

6,176

6,636

7,431

7,231

7,645

8,101

98.7%

31.2%

Source: E-1 reports

Finally, Table 13 shows inmate prison sentences, including the current sentence. While the table shows that most inmates were serving their first prison sentence, it also shows that the more inmates have been returning to Iowa’s prisons after having been there before. While in FY91 fully 77 percent of the inmates on June 30 had not previously served an Iowa prison sentence, by the end of FY2001 that figure had dropped to 71.3 after a decade-long slide. Note, also, that the largest percentage increases were among inmates with three or more prison sentences.

Table 13. Number of Prison Commitments of Prison Population on June 30

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

% Chg.

Chg 96-01

One

3,140 3,391 3,543 3,774 4,229 4,576 4,858 5,440 5,221 5,542 5,773

83.9%

26.2%

Two

667

789

823

920

1,018

1,093

1,169

1,343

1,331

1,347

1,462

119.2%

33.8%

Three

210

237

257

301

324

363

424

436

463

506

579

175.7%

59.5%

Four

43

49

52

59

82

92

129

153

151

162

200

365.1%

117.4%

Five

12

13

14

26

30

38

41

39

37

59

53

341.7%

39.5%

Six

5

3

3

6

5

8

12

15

18

23

27

440.0%

237.5%

Seven

0

3

2

3

4

4

2

2

6

5

6

--

50.0%

Eight

0

0

1

1

0

2

1

2

2

2

0

--

-100.0%

Nine or more

0

0

0

0

0

0

1

2

0

1

--

--

4,077

4,485

4,695

5,090

5,692

6,176

6,636

7,431

7,231

7,646

8,101

98.7%

31.2%

Source: E-1 reports

Another source of change in the population is shown in Table 14, which presents data on the yearend population, persons serving life sentences, and persons serving mandatory minimum sentences. This table is somewhat surprising in regards to "lifers," as, while there have been steady increases in persons serving life sentences, over the last ten years their percentage change has been less than that of the population as a whole (perhaps due to a general drop in homicide). Due in part to legislative action, the number of those serving mandatory minimum terms, however, has risen faster than the population as a whole, with most of the increase occurring since FY93. The drop in mandatory minimums between 1999 and 2000 is apparently attributable to a change in record-keeping rather than a change in the nature of the prison population itself.

 

Table 14. June 30 Population, Lifers, Mandatory Minimums

Year

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

%Chg

Yearend Population

4,077

4,485

4,695

5,090

5,692

6,176

6,636

7,431

7,231

7,646

8,101

98.7%

Lifers at Yearend

315

355

363

385

403

428

458

480

491

512

529

67.9%

Mandatory Minimums

659

698

746

770

902

986

1,142

1,416

1,632

1,279

1,529

132.0%

Net Parolable

3,103

3,432

3,586

3,935

4,387

4,762

5,036

5,535

5,108

5,855

6,043

94.7%

Source: Department of Corrections E-1 Reports

 

Table 15 shows a broader picture of changes in the prison population, examining the inmate population by the type of commission offense on June 30. It shows that, between FY1991 and FY2001, the increase in inmates committed for persons offenses clearly outstripped that for non-persons offenses. Note that between 1991 and 1998 there either were more non-persons offenders in the population than persons offenders or the difference between the two was slight. Since 1998, however, a change has occurred, with at least 400 more persons offenders imprisoned.

Beginning in FY93, the population also includes a breakdown of those committed for "chemical offenses," which include drug and alcohol offenses. Since that time the percentage increase in chemical offenses is much greater than for either persons or non-persons offenses, and the raw increase in chemical offenses almost equals that for persons offenses.

Table 15 Prison Population Offense Types

Offense Type

1992

1993

1994*

1995

1996

1997

1998

1999

2000

2001

% Chg

96-2001

Person

2,352

2,166

2,415

2,682

2,883

3,077

3,387

3,403

3,566

3,746

59.3%

29.9%

Non-person

2,779

2,298

2,435

2,763

2,926

3,067

3,401

3,022

3,049

3,098

11.5%

5.9%

Chemical

--

898

1,005

1,094

1,299

1,476

1,808

1,933

2,167

2,402

--

84.9%

*Estimated. Actual total will be within 5.

Source: Department of Corrections E-1 Reports. Totals may not equal total number of inmates in system due to offenders committed for multiple offenses of different type.

 

This information is also presented graphically below.


Additional data are available from the Bureau of Justice Statistics and from the Division of Criminal and Juvenile Justice Planning (CJJP) with which to compare Iowa and the Nation. Iowa’s 2001 Inmate Profile shows that Iowa’s prison population in 2001 consisted of 42 percent violent offenders, 25 percent property offenders, 24 percent drug offenders, and eight percent public order offenders. In 1999 (the last year for which figures are available) sentenced prisoners nationally consisted of 48 percent violent offenders, 21 percent property offenders, 21 percent drug offenders, and 10 percent public order offenders (Beck, 2001). This suggests that violent offenders are under-represented and drug and property offenders slightly over-represented in the Iowa prison system compared to prison systems in other states. This over-representation may be characteristic of Midwestern states, however, as they typically report low rates of violent crime and mid-range rates of property crime.

National figures also differ from Iowa’s in the types of offenses resulting in population increases. Nationally, fully 51 percent of the increase in prison population between 1990 and 1999 consisted of violent offenders, with drug offenders accounting for 20 percent, property offenders 14 percent, and public-order offenders 15 percent. In Iowa, however, most of the increase has been due to chemical (drug and alcohol) offenders, whose numbers have more than doubled since 1993.

Another look at the prison population is presented in the graph below, which shows changes in the types of prison admissions since state FY84. A nearly steady increase in overall admissions has been seen since FY84, with the only exceptions occurring in 1991 and 1999. The largest total increase occurred during FY98 (when admissions increased by 485), closely followed by FY2000 (an increase of 464).

While direct court commitments reached their highest level in FY2000, both probation and parole revocation admissions continued rising in FY2001, resulting in a record number of commitments that year. While direct court commitments have gradually risen over the period, the increase in probation revocations and suspensions has occurred primarily since 1993, more than doubling since then, as the probation revocation decreases in FY99 and FY2000 were not continued in FY2001. The high ratio of probation revocation admissions means that a significant portion of the prison population has already had opportunities to avoid incarceration by serving periods of probation in the community, but that they have failed. This is one of the factors leading to increased caution on the part of the Board in granting parole.

The FY2001 increase in probation revocations has significance also because increases in probation revocations have recently been one of the driving forces behind Iowa’s increasing prison population. Between FY91 and FY98, probation revocations had increased from 578 to 1,694 (or 193 percent). During the same period direct court commitments increased from 2,891 to 4,735 (or 64 percent). In FY92 parole revocations and suspensions and probation revocations were nearly equal. Since then, however, probation revocations and suspensions have reached a level almost four times that of parole revocations and suspensions. In FY2001 probation revocations outnumbered parole revocations by nearly 3:1.

Source: Department of Corrections E-1 Reports.

Iowa’s trend in parole revocations runs contrary to the national trend. According to the Bureau of Justice Statistics, parole violators constituted 34 percent of all national prison admissions in 1996, and while 70 percent of parole terminations in 1984 were termed "successful," in 1996 this percentage had been reduced to less than half. Iowa, on the other hand, has not shown an increase in parole revocations, and only 28.4 percent of those released to parole supervision in FY1996 were revoked from supervision.

The next graph shows end-of-year prison population, total admissions, total releases, and parole releases. More than previous tables and charts, this one shows increasing caution on the part of the Board in protecting the public. As shown previously in the Workload section, through FY2001 paroles have accounted for a smaller portion of overall releases in recent years, as the Board has allowed more inmates to expire sentences rather than granting them parole. This is consistent with public safety concerns, as Iowa research has previously shown that some high-risk inmates are best incapacitated for as long a period as possible to ensure public safety. The net result of this approach is that, through FY2001, the number of paroles granted has varied little since 1986, when there were 1,216 paroles out of a total prison population of 2,722. That year, slightly more than half the releases from prison were via parole. Since that time, with the advent of additional release opportunities such as work release, paroles as a percentage of all releases have dropped. This trend continued in FY2001. See page 14 for further illustration of this trend. Note that figures for this chart come from Department of Corrections E-1 reports; due to delays in release, rescissions, and other factors, the number of paroles in this chart do not necessarily agree with figures presented elsewhere in this report.

Source: Department of Corrections E-1 Reports.

 

 

A final description of the prison population is provided in Table 16, which shows the distribution of risk levels in the prison population. This may be compared with tables pertaining to risk levels and parole decision-making later in the report. The table shows that, of the included groups of offenders, those serving time for Class A felonies show the lowest statistical risk. Those serving time for "other felonies" shows the highest average risk, probably due to the concentration of habitual criminals in that class. Note also that the misdemeanants tend to have higher risk scores than the felons. These findings are not particularly surprising, given that the risk score is based upon offense seriousness and the duration and intensity of the prior criminal history. Class A felons may be sent to prison based upon the severity of a single offense, and thus many may have low risk scores. Habitual criminals nearly always have lengthy criminal histories beyond the three felony convictions required for conviction as an habitual criminal. Misdemeanants are usually incarcerated only with lengthy criminal histories or failure to cooperate on probation.

Table 16. Risk Levels of Prison Population 6/30/2001, by Offense Class

 

LEAD OFFENSE CLASS

 

RISK

A Felony B Felony Other Fel. C Felony D Felony Ag. Misd Ser. Misd Total

Uncoded

92

479

90

928

699

116

7

2,411

1

86

128

2

73

5

2

0

296

2

44

110

22

322

265

44

3

810

3

43

63

9

93

65

20

2

295

4

3

27

6

73

93

15

0

217

5

2

42

43

172

220

26

1

506

6

64

145

35

319

208

49

2

822

7

0

10

29

56

88

14

2

199

8

63

138

59

250

221

43

0

774

9

118

340

111

451

361

74

9

1,464

Total

515

1,482

406

2,737

2,225

403

26

7,794

Mean

5.38

5.94

6.95

5.81

5.95

6.07

6.53

5.92

Excludes federal prisoners, interstate compact, safekeepers, and violator program participants.
Means exclude uncoded cases.

VII. SIXTH JUDICIAL DISTRICT PROBATION PROJECT

During the 1997 legislative session, Governor Branstad recommended that the legislature authorize the Parole Board’s Administrative Parole Judges to conduct probation revocation hearings in the Sixth Judicial District on an experimental basis. The reasons for this recommendation were two-fold:

To reduce the workload of criminal court judges.

To take advantage of the parole Judges’ correctional sanctioning expertise.

The General Assembly accepted this recommendation and passed Senate File 503, which became effective July 1, 1997. The Parole Board began implementing the statute on that date and held numerous planning sessions with the Sixth District judges, county attorneys, clerks of court, sheriffs, and Department of Corrections. Due to an early interpretation of the statute, the Board not only was charged with handling hearings, but also arrest warrants, bonds, initial appearances, and appointment of counsel. The Board proceeded under this interpretation of the law until December 31, 1997, when Sixth District Court Judge David M. Remley ruled the project invalid. The Parole Board appealed this decision to the Iowa Supreme Court but dismissed its appeal when the legislature modified the statute to correct the alleged deficiencies of the project by passing Senate File 2377, which became effective on May 22, 1998.

A further challenge to the Sixth District project occurred in 1999, resulting in a ruling handed down by District Court Judge L. Vern Robinson on September 2. Petitioners had both received suspended sentences and had been placed on probation, only to have the probation later revoked by an administrative law judge. In this case, as in earlier cases, the petitioners claimed a lack of due process and equal protection, and also challenged the use of administrative law judges in revocations on the basis of separation of powers. The Court determined that the revocation procedure used in the Sixth Judicial district as set out in section 907.8A was constitutional.

Challenges to the Project’s constitutionality were finally resolved on February 27, 2002, when the Iowa Supreme Court ruled that the Project violated the separation-of-powers doctrine of the Iowa Constitution. The Project ceased operation immediately in response to the Court’s ruling. Although the Project continued operation into FY2002, this will be the final report on its activities.

In one respect there was an expansion of the Pilot Project during FY2001, in that a part-time administrative Law Judge was added to the project. That judge (referred to here as ALJ #2), who is employed by the judicial district, conducts face-to-face hearings in the counties other than Linn and Jones. While that judge also has kept records of cases and dispositions, he has done it in a manner not entirely comparable with records for the original judge (ALJ #1). Therefore, their figures will be presented here separately, with those for ALJ #1 presented first.

Probation revocation hearings held by ALJ #1 in FY2001 remained at about the same level as in FY2000. The monthly distribution of dispositions for FY2000 and FY2001 is shown on the following page.

 

Table 17. Sixth District Probation Revocation Project

Dispositions, by Month

Month

FY2000

FY2001

July

14

26

August

13

30

September

15

44

October

11

13

November

15

16

December

25

17

January

21

18

February

18

10

March

18

16

April

27

16

May

28

11

June

23

13

Total

228

230

The distribution of hearing dispositions for Judge #1 is shown in the chart below.

 

A comparison of dispositions for FY2000 and FY2001 show many similarities. First, the number of dispositions handed down by ALJ #1 was almost identical to the previous year. The patterns were also similar, although continuations with sanction dropped and continuations without sanction dropped. Generally, dispositions in FY2001 tended to involve fewer sanctions.

Table 18. Comparison: Pilot Project Dispositions FY2001 vs. FY2000

Disposition

FY2000

FY2001

% Chng.

Continued

15

35

133.3%

Continued with Sanction

24

9

-62.5%

Discharged

3

3

0.0%

Discharged with Sanction

--

4

--

Reinstated

5

6

20.0%

Reinstated with Sanction

133

118

-11.3%

Revoked to Prison

36

36

0.0%

Revoked – Other

6

7

16.7%

Other

5

8

60.0%

Total Disposed

227

226

-0.4%

The distribution of sanctions handed down in these dispositions is shown below. It should be remembered that there may be multiple sanctions within a single disposition, so there is overlap in the numbers. The most common sanction was referral to jail (76 individuals, or 50 percent of the dispositions). Fifty dispositions (33 percent) involved placement in residential facilities (the Hinzman Center, Hope House, or the Nelson Center). Nine individuals were referred to Violator Programs operated by the Department of Corrections, eight were referred to treatment, and eight had their probations extended.

The establishment of a second (part-time) administrative law judge to handle cases in Johnson, Tama, Iowa, and Benton Counties has expanded the capability of the Pilot Project to handle revocation hearings in a more traditional manner but without involvement of the judiciary. From appointment of the second administrative law judge until the end of FY01, 94 dispositions have been handed down in these counties. The pattern of dispositions is shown below. Note that a single disposition may involve multiple sanctions.


Another feature of the database maintained by ALJ #2 that it permits comparison of his decision with the recommendations of probation officers (PO’s) and defense attorneys. This is presented in the table below.

Table 19. ALJ #2 Agreement with Recommendations

Judge

Recommendation of:

Action

PO

Defense

Judge more severe

16.5%

34.9%

Agreement

60.0%

63.9%

Judge less severe

23.5%

1.2%

Total N

85

83

Total N’s differ because recommendations were not available in all cases

It is apparent that there tends to be agreement between the judge, probation officer, and defense a majority of the time in these revocation hearings. While the judge has shown a slightly higher level of agreement with the defense, it should also be noted that in slightly more than 1/3 of the cases the judge orders a disposition more severe than desired by the defense. While agreement with probation officers is slightly lower (at 60 percent), note that there are cases in which his sanctions have been more severe than requested by probation officers.

In making corrections to the original statute enabling establishment of the Pilot Project, the General Assembly also required an evaluation by the Division of Criminal and Juvenile Justice Planning that was released in February, 2002. While the evaluation did not make a specific recommendation pertaining to continuation or expansion of the project, it pointed to a number of project accomplishments. A number of interview respondents who were initially opposed to the project – including several judges – then supported continuation. Even some who opposed the project agreed that it achieved one of its goals in reducing judicial involvement in probation revocations.

 

 

VIII. TIME SERVED PRIOR TO PAROLE

A number of factors affect the amount of time individuals spend incarcerated prior to release on parole. The most obvious of these is the inmate’s maximum term of incarceration, which in Iowa is set by statute. There appears to be some public misunderstanding of prison terms in Iowa, in part because of the indeterminate nature of the State’s sentencing structure. Three groups set terms of incarceration in Iowa:

the Legislature, which establishes maximum terms of incarceration and may choose to require either mandatory incarceration or a mandatory minimum term of incarceration;

judges, who in sentencing determine who is incarcerated and who is not (and after imprisonment may choose to release an offender on "shock probation" after a period of up to three months); and

the Board of Parole, which determines when offenders may be released on work release and/or parole.

Indeterminate sentencing is also misunderstood because when a judge sentences an offender to a specific term -- say, ten years of incarceration -- the sentence, absent a mandatory minimum, is actually zero-to-ten years, and the offender may be legally paroled at any time after reception by the prison system. Additionally, under Iowa’s "good time" statute, most offenders’ sentences are also reduced by up to half by good behavior in the prison system, so most ten-year sentences will expire in about five years.

There have been a number of changes in Iowa statutes in recent years whose effect has been to raise the prison population. Most of these either increase the maximum penalty for an offense or delay the time at which the Board of Parole may consider inmates for release. These include:

a requirement that inmates sentenced for Murder-2nd, Attempted Murder, Sex Abuse-2nd, Sex Abuse-3rd, Kidnapping-2nd, Robbery-1st, and Robbery-2nd serve 85 percent of their maximum terms of incarceration prior to release;

lengthening the maximum term of incarceration for some drug, weapons, sex, OWI, and child endangerment offenses;

the establishment of mandatory release supervision following imprisonment for those convicted of Lascivious Acts (Iowa Code 709.8).

Three legislative efforts took place in 2001 to help stem the tide of the rising prison population:

the creation of a new class of burglaries -- Burglary in the Third Degree as a first offender -- Iowa’s first misdemeanor burglary offense;

the creation of a determinate Class D sentencing structure that allows judges to sentence Class D felons to a determinate term of zero to five years rather than the historic indeterminate term of up to five years;

the lengthening of time during which judges can reconsider a sentence.

Another factor influencing the size of the prison population has been the Board’s increasing caution in releasing inmates who may pose a threat to society. The use of risk assessment in release deliberations has had two distinct effects: to hasten release of good risks who do not need to be incarcerated for reasons of public safety; and to delay release of bad risks who present a threat to society. Appendix 5 shows mean time to parole by offense class by risk. Delaying release of high-risk inmates is one of the factors responsible for low recidivism among Iowa parolees.

The Board’s caution is also illustrated in Appendix 6, which shows percentages of offenders released in FY2001 via either parole or expiration. Appendix 7 shows this same information specifically for sex offenders.

Table 20 presents an overview of paroling activity during FY2001, showing the amount of time served prior to parole for all offenses accounting for ten or more paroles. Readers interested in offenses not on the table are urged to consult Table 21, which presents all offenses for which there were paroles in FY2001.

 

Table 20. Time Served Prior to Parole Approval

FY2001 Overview

Offense

Mean Months

Class

Primary Offense

Number

Served

Property Offenses

Habitual

Habitual Offender - Property

46

53.2

Class C

Burglary - Second Degree

85

47.9

Class C

Theft - First Degree

112

38.5

Class D

Burglary - Third Degree

256

20.8

Class D

Forgery

181

21.7

Class D

Theft - Second Degree

144

20.7

Agg Misd

Attempted Burglary - Third Degree

14

8.7

Agg Misd

Operating Motor Vehicle w/o Owner's Consent

31

8.3

Agg Misd

Theft - Third Degree

61

9.4

Crimes Against Persons

Class B

Robbery - First Degree

37

105.5

Class B

Sex Abuse - Second

10

96.3

Class C

Robbery - Second

20

67.9

Class C

Sexual Abuse - Third Degree

16

50.6

Class C

Willful Injury

30

47.2

Class D

Assault in Felony-no injury

14

22.7

Class D

Lascivious Acts with a Child

10

33.1

Class D

Going Armed with Intent

16

28.2

Agg. Misd

Domestic Abuse - Second SI or SE

10

10.7

Agg. Misd

Assault W/Intent to Cause Serious Injury

10

8.0

 

Drug/Alcohol Offenses

 

Class B

Prohibited Acts Manufacture/Delivery

23

52.0

Class C

Manufacture/Delivery Counterfeit Narcotics

10

63.7

Class C

Manufacture/Delivery Controlled Substance

431

28.8

Class D

Failure Obtain Controlled Substance Tax Stamp

34

14.2

Class D

Manufacture/Delivery Marijuana<50 Kilos

81

15.4

Class D

OWI - Third Offense

773

11.1

Class D

Prohibited Acts-Substances

29

11.6

Agg Misd

OWI - Second Offense

91

5.8

 

Other Offenses

 

ODRUG

Controlled Substance - Second or Sub. Offense

16

56.1

Class D

Receive, Transport, Possess.Firearms by Felon

35

20.1

Agg Misd

Driving while Barred

37

8.9

       

ALL PAROLES

3,000

24.0

Note: There is little difference in average time served for Class C felonies against persons or not against persons. Therefore only the total for Class C felonies is presented here. The upward trend in Class B felonies not against persons through FY98 is undoubtedly due to their recent creation; particularly during FY94-96, only the very best candidates in the category were paroled, resulting in an unusually short length-of-stay.

Table 21, n the pages following, presents a complete itemization of paroles for FY2001, listing the felony class, the specific offense, whether or not consecutive sentences were involved, the number of paroles approved during the year, and the maximum, minimum, and mean periods from admission to parole approval. In an effort to avoid redundancy the table does not list a total separately when all of the paroles for a certain offense either did or did not involve consecutive sentences. For example, the one parole for robbery under the old criminal code involved a consecutive sentence, so the column for consecutive sentences notes "Y/Total" to note that the numbers for the total and for the consecutive sentence category were the same. Similarly, all the five paroles for Murder in the Second Degree in the Class B Felony category did not involve consecutive sentences, so they are all listed as "N/Total."

 

 

 

Table 21. FY 2001 Months Served Prior to Parole Approval

Offense Class

Offense Description

Consecutive

Number

Mean

Minimum

Maximum

B Felony Murder in the Second Degree

N/total

5

132.5

62.3

185.3

50 Year Terms

Old Code-Robbery with Aggravation

Y/total

1

280.8

280.8

280.8

 

Total 50 Yr B Felony

Total

6

157.2

62.3

280.8

B Felony

Arson in the First Degree

N

1

53.2

53.2

53.2

   

Y

1

98.2

98.2

98.2

   

Total

2

75.7

53.2

98.2

  Attempt to Commit Murder

N/Total

7

95.5

59.1

154.4

  Burglary in the First Degree

N

4

90.5

34.9

137.7

   

Y

4

125.8

111.9

160.9

   

Total

8

108.1

34.9

160.9

  Distribution of a Controlled Subs. to < Age 18

N/Total

3

50.6

43.7

55.5

  Kidnapping in the Second Degree

N

1

100.4

100.4

100.4

   

Y

1

132.9

132.9

132.9

   

Total

2

116.7

100.4

132.9

  Manufact. and Deliv. of a Counterfeit CF or Su

N/Total

4

91.5

62.8

108.5

  Prohibited Acts Manufact. and Deliv. of C.S.

N/Total

23

52.0

26.5

84.8

  Robbery in the First Degree

N

29

94.8

60.0

229.1

   

Y

8

144.2

107.1

200.8

   

Total

37

105.5

60.0

229.1

  Sexual Abuse in the Second Degree

N

8

95.2

61.0

148.8

   

Y

2

101.0

97.0

104.9

   

Total

10

96.3

61.0

148.8

 

Total B Felony

Total

96

88.5

26.5

229.1

Other Felony

Controlled Substance-Second or Subs. Offense

N

13

56.0

12.9

106.4

   

Y

3

56.6

48.6

68.8

   

Total

16

56.1

12.9

106.4

  Controlled Substance Violation/Firearm

N/Total

3

48.4

44.8

52.7

  Distribution of a Controlled Subst - School/Park

N

4

31.8

29.5

36.5

   

Y

2

65.0

47.8

82.2

   

Total

6

42.9

29.5

82.2

  Manufact. and Deliv. of a Counterf. CF or Si

Y/Total

1

99.0

99.0

99.0

 

Total Other Felony

Total

26

52.4

12.9

106.4

Habitual

Habitual Offender - Person

N

4

59.9

47.9

72.9

   

Y

5

132.5

88.7

219.2

   

Total

9

100.3

47.9

219.2

  Habitual Offender - Property

N

39

50.9

16.1

101.3

   

Y

7

65.7

33.1

137.7

   

Total

46

53.2

16.1

137.7

 

Total Habitual

Total

55

60.9

16.1

219.2

 

 

 

 

Offense Class

Offense Description

Consecutive

Number

Mean

Minimum

Maximum

C Felony

Arson in the Second Degree

N

15

34.8

23.4

58.0

   

Y

2

59.1

47.8

70.3

   

Total

17

37.7

23.4

70.3

  Burglary in the Second Degree

N

60

35.4

11.0

89.5

   

Y

25

77.9

4.0

182.1

   

Total

85

47.9

4.0

182.1

 

Child Endangerment Serious Injury

N/Total

8

40.3

18.5

51.3

  Conspiracy to Commit a Forcible Felony

N

3

36.5

12.0

49.4

   

Y

1

31.6

31.6

31.6

   

Total

4

35.3

12.0

49.4

  Controlled Substance Violation/Firearm

N/Total

1

15.4

15.4

15.4

  Criminal Mischief in the First Degree

Y/Total

1

62.3

62.3

62.3

  Dist. of a Schedule III Controlled Sub < 18

N/Total

1

11.7

11.7

11.7

  Fraud Practices in the First Degree

N

2

28.8

23.4

34.2

   

Y

1

68.6

68.6

68.6

   

Total

3

42.1

23.4

68.6

  Homicide by Vehicle OWI or Reckless

N

8

50.4

42.2

74.0

   

Y

1

63.7

63.7

63.7

   

Total

9

51.9

42.2

74.0

  Kidnapping in the Third Degree

N/Total

6

35.4

24.2

51.8

  Manuf. and Deliv. Controlled Substance,

N

364

26.6

7.2

90.6

   

Y

67

40.5

11.3

98.7

   

Total

431

28.8

7.2

98.7

  Manufacture and Delivery of a Counterfeit

N

6

51.0

17.4

88.5

   

Y

4

82.8

61.6

96.0

   

Total

10

63.7

17.4

96.0

  Neglect or Abandon Dependent Person

N

3

40.7

29.2

51.5

   

Y

1

83.5

83.5

83.5

   

Total

4

51.4

29.2

83.5

  Receive Precursor Substance

N/Total

1

22.8

22.8

22.8

  Reckless Use of Firearm

N/Total

1

27.1

27.1

27.1

  Robbery in the Second Degree

N

12

53.1

28.1

78.2

   

Y

8

90.1

46.9

165.4

   

Total

20

67.9

28.1

165.4

  Sexual Abuse in the Third Degree

N

15

48.2

25.7

65.8

   

Y

1

86.6

86.6

86.6

   

Total

16

50.6

25.7

86.6

  Sexual Abuse-Third Degree Not Forcible

N/Total

9

41.8

16.5

53.8

  Terrorism w/intent to provoke

N

4

28.6

13.4

40.0

   

Y

1

53.9

53.9

53.9

   

Total

5

33.7

13.4

53.9

  Theft in the First Degree

N

88

34.1

4.4

81.0

   

Y

24

55.0

16.3

188.2

   

Total

112

38.5

4.4

188.2

  Violation of Pharmacy Provisions

Y/Total

1

73.0

73.0

73.0

  Voluntary Manslaughter

Y/Total

1

117.8

117.8

117.8

  Willful Injury

N

22

38.5

24.0

73.6

   

Y

8

70.9

38.6

123.1

   

Total

30

47.2

24.0

123.1

 

Class C Felony Total

Total

775

36.1

4.0

188.2

Offense Class

Offense Description

Consecutive

Number

Mean

Minimum

Maximum

D Felony

Asslt While Particip. in a Felony No Injury

N

9

16.3

7.9

25.0

   

Y

5

34.1

22.4

48.3

   

Total

14

22.7

7.9

48.3

  Asslt W/Int. to Commit Sex Abuse-Injury

N/Total

1

25.2

25.2

25.2

  Assault-Serious Injury

N/Total

1

15.3

15.3

15.3

  Assaulting a Peace Officer With Intent

N/Total

2

27.8

20.1

35.5

  Att. Disarm Peace Officer

N/Total

1

15.9

15.9

15.9

  Attempted Burglary in the Second Degree

N

3

10.8

7.6

12.6

   

Y

1

23.9

23.9

23.9

   

Total

4

14.1

7.6

23.9

  Burglary in the Third Degree

N

197

17.0

6.2

48.0

   

Y

59

33.3

10.6

89.0

   

Total

256

20.8

6.2

89.0

  Conspire to Commit a Felony (Non-Person)

N/Total

9

17.9

12.4

26.2

  Criminal Mischief in the Second Degree

N

10

24.2

13.5

44.4

   

Y

3

23.3

11.4

35.5

   

Total

13

24.0

11.4

44.4

  Domestic Abuse Assault 3rd or Subsequent

N

6

17.1

8.2

24.3

   

Y

1

20.3

20.3

20.3

   

Total

7

17.6

8.2

24.3

  Eluding >25 mph w/enhancements

N

1

16.0

16.0

16.0

   

Y

1

8.6

8.6

8.6

   

Total

2

12.3

8.6

16.0

  Escape or Absence of a Felon

N

1

12.2

12.2

12.2

   

Y

1

14.4

14.4

14.4

   

Total

2

13.3

12.2

14.4

  Extortion

N

7

17.5

7.5

32.8

   

Y

2

28.7

24.8

32.5

   

Total

9

20.0

7.5

32.8

  Failure to Appear for a Felony

N

4

20.6

11.0

33.0

   

Y

2

22.9

7.2

38.6

   

Total

6

21.4

7.2

38.6

  Failure to Comply-2nd

N/Total

1

21.3

21.3

21.3

  Failure to Obtain a Cont.Subs.Tax Stamp

N

28

13.2

6.5

44.6

   

Y

6

19.0

8.2

31.9

   

Total

34

14.2

6.5

44.6

  Forgery

N

141

18.3

3.5

51.1

   

Y

40

33.7

8.9

87.4

   

Total

181

21.7

3.5

87.4

  Fraudulent Practices in the Second Degree

N

10

18.7

7.5

30.8

   

Y

1

12.3

12.3

12.3

   

Total

11

18.1

7.5

30.8

  Furnishing Controlled Substance to Inmates

N/Total

1

19.0

19.0

19.0

  Gatherings - Controlled Substance Used

N

4

12.1

7.1

17.3

   

Y

1

11.7

11.7

11.7

   

Total

5

12.0

7.1

17.3

  Going Armed With Intent

N

14

20.7

7.9

51.5

   

Y

5

42.3

19.2

66.8

   

Total

19

26.4

7.9

66.8

 

Offense Class

Offense Description

Consecutive

Number

Mean

Minimum

Maximum

  Interference with Official Acts

N

1

23.1

23.1

23.1

   

Y

2

36.5

30.1

43.0

   

Total

3

32.1

23.1

43.0

  Lascivious Acts With a Child

N

6

20.5

7.5

35.1

   

Y

4

51.9

34.5

71.4

   

Total

10

33.1

7.5

71.4

  Manuf. and Deliv. of Marijuana < 50 Kilos

N

68

13.9

3.1

43.2

   

Y

13

23.3

11.8

38.1

   

Total

81

15.4

3.1

43.2

  Operating Under the Influence-Third

N

703

9.3

1.8

48.9

   

Y

70

29.0

2.6

106.1

   

Total

773

11.1

1.8

106.1

  Perjury, Contrad. Statements and Retraction

N/Total

3

10.7

7.6

15.8

  Pimping

N/Total

1

27.6

27.6

27.6

  Possession of a Cont. Subs. W/o RX

N

9

15.1

8.0

37.6

   

Y

1

35.8

35.8

35.8

   

Total

10

17.2

8.0

37.6

  Prohibited Acts - Premises Violation

N/Total

1

36.1

36.1

36.1

  Prohibited Acts - Substances

N

27

11.1

6.3

27.7

   

Y

2

19.4

7.2

31.5

   

Total

29

11.6

6.3

31.5

  Prohibited Sales of Tickets

N/Total

1

11.7

11.7

11.7

  Rec, Trans, and Poss Firearms by Felon

N

23

16.6

7.5

46.0

   

Y

12

26.7

11.5

57.3

   

Total

35

20.1

7.5

57.3

  Serious Injury By a Motor Vehicle

N

3

15.9

7.6

21.7

   

Y

2

28.9

22.3

35.6

   

Total

5

21.1

7.6

35.6

  Soliciting to Commit a Felony (Non-Pers)

N/Total

3

16.8

13.5

19.3

  Stalking

N/Total

3

19.2

17.9

20.9

  Stalking - Third or Subsequent Offense

N/Total

1

37.9

37.9

37.9

  Terrorism

N

2

11.6

8.4

14.8

   

Y

2

36.4

35.7

37.1

   

Total

4

24.0

8.4

37.1

  Theft in the Second Degree

N

121

17.3

6.3

45.4

   

Y

23

38.4

8.1

79.5

   

Total

144

20.7

6.3

79.5

  Threats

N/Total

1

17.8

17.8

17.8

  Trafficking in Stolen Weapons

N

2

15.2

8.9

21.5

   

Y

1

42.1

42.1

42.1

   

Total

3

24.2

8.9

42.1

  Unauth. Possession of Offensive Weapon

N/Total

3

16.0

13.6

18.5

  Unauthorized Use of Credit Cards

N

1

13.4

13.4

13.4

   

Y

1

13.1

13.1

13.1

   

Total

2

13.2

13.1

13.4

  Willful Injury w/bodily Injury

N

3

9.9

6.5

14.9

   

Y

2

12.0

12.0

12.1

   

Total

5

10.7

6.5

14.9

 

Total D Felony

Total

1,701

15.9

1.8

106.1

 

 

Offense Class

Offense Description

Consecutive

Number

Mean

Minimum

Maximum

Agg Misd.

Alch. Chapter 123 3rd & Subsequent

N

9

8.5

4.3

17.5

   

Y

2

7.4

3.5

11.4

   

Total

11

8.3

3.5

17.5

  Assault Hate Crime - Bodily Injury

N/Total

1

6.3

6.3

6.3

  Assault With Intent to Inflict Serious Injury

N

7

6.2

3.4

9.2

   

Y

3

12.1

5.1

19.6

   

Total

10

8.0

3.4

19.6

  Assault With a Weapon

N

5

5.8

3.8

9.2

   

Y

2

11.5

10.6

12.5

   

Total

7

7.5

3.8

12.5

  Assaulting a Peace Officer with Intent

N/Total

2

7.7

6.9

8.4

  Attempted Burglary in the Third Degree

N

11

6.2

3.2

9.8

   

Y

3

17.8

13.3

25.1

   

Total

14

8.7

3.2

25.1

  Carrying Weapons

N

2

4.3

3.9

4.7

   

Y

1

10.9

10.9

10.9

   

Total

3

6.5

3.9

10.9

  Child Endangerment No Injury

N

3

6.8

5.4

8.0

   

Y

1

7.5

7.5

7.5

   

Total

4

7.0

5.4

8.0

  Criminal Mischief in the Third Degree

N

8

6.6

3.0

9.2

   

Y

2

8.9

3.0

14.7

   

Total

10

7.1

3.0

14.7

  Domestic Abuse Assault Second Si or Se

N

8

8.0

3.8

10.4

   

Y

2

21.4

11.7

31.0

   

Total

10

10.7

3.8

31.0

  Domestic Abuse Assault, Intent or Weapon

N

3

8.4

5.5

12.5

   

Y

1

37.5

37.5

37.5

   

Total

4

15.7

5.5

37.5

  Driving Motor Vehicle While Barred

N

23

5.3

2.5

9.4

   

Y

14

14.8

6.5

28.8

   

Total

37

8.9

2.5

28.8

  Eluding/Attempted Eluding >25 mph

N/Total

1

3.2

3.2

3.2

  Forgery

N

4

7.1

3.7

11.2

   

Y

1

16.6

16.6

16.6

   

Total

5

9.0

3.7

16.6

  Harassment

Y/Total

1

16.5

16.5

16.5

  Indecent Contact With a Child

N/Total

1

5.7

5.7

5.7

  Interference with Official Acts

Y/Total

1

8.2

8.2

8.2

  Operating Motor Vehicle W/o Consent

N

18

6.3

1.2

10.9

   

Y

13

11.0

4.6

20.0

   

Total

31

8.3

1.2

20.0

  Operating Under the Influence-Second

N

82

5.4

2.6

20.1

   

Y

9

9.2

3.6

17.3

   

Total

91

5.8

2.6

20.1

  Possession of Marijuana >2nd offense

N

2

5.6

3.4

7.8

   

Y

2

12.6

12.6

12.6

   

Total

4

9.1

3.4

12.6

 

 

Offense Class

Offense Description Consecutive Number Mean Minimum Maximum
  Poss. of a Cont. Subs. Without RX

N

4

7.8

5.9

10.4

   

Y

3

10.9

7.8

16.5

   

Total

7

9.1

5.9

16.5

  Preventing Apprehension, Obst. Prosec.

N/Total

1

4.1

4.1

4.1

  Prohibited Acts - Premises Violation

N

3

4.4

3.8

5.3

   

Y

1

7.3

7.3

7.3

   

Total

4

5.1

3.8

7.3

  Prostitution

N

5

7.5

4.5

11.3

   

Y

1

8.0

8.0

8.0

   

Total

6

7.6

4.5

11.3

  Riot

Y/Total

1

14.4

14.4

14.4

  Tampering With Witness or Juror

Y/Total

1

9.2

9.2

9.2

  Theft in the Third Degree

N

41

5.9

2.9

13.4

   

Y

20

16.6

2.1

48.1

   

Total

61

9.4

2.1

48.1

  Unauthorized Use of Credit Cards

N

2

4.5

2.3

6.7

   

Y

1

15.8

15.8

15.8

   

Total

3

8.3

2.3

15.8

 

Total Aggravated Misdemeanor

Total

331

7.9

1.2

48.1

Ser. Misd

Alcoholic Beverage Control

Y/Total

1

9.2

9.2

9.2

  Criminal Mischief in the Fourth Degree

Y/Total

1

8.7

8.7

8.7

  Eluding Pursuing Law Enforcement

Y/Total

1

15.2

15.2

15.2

  Escape or Absence of a Misdemeanant

Y/Total

1

6.1

6.1

6.1

  Escape or Voluntary Absence from Custody

Y/Total

1

4.4

4.4

4.4

  Interference With Official Acts - Injury

N/Total

1

4.6

4.6

4.6

  Operating Under the Influence-First

Y/Total