Chapter Three

Profiles of Offender Samples

An analysis of demographic, primary crime, and sentencing data for the inmate and probationer cohort groups was conducted to develop a profile of each offender sample. The results are presented in this section.

Inmate Cohort Group

The following is an analysis of demographic and sentencing data for the inmate cohort group. There were 4,006 felony inmates discharged from prison in 1997.

Demographics. The vast majority (90 percent) of inmates were male. Almost three-quarters (74 percent) of were minorities: 45 percent were African American, 28 percent Hispanic, and 1 percent American Indian or Asian. The racial breakdown was consistent among male and female inmates.

At discharge, the inmates range in age from 16 to 74 years, with an average age of 31 years. The male inmates were younger on average than the females (30 and 33 years respectively). Twelve percent of the male inmates were in the age group considered to be the crime-prone years -- between 16 and 21 -- whereas only 6 percent of the female inmates were within that group.

Primary crime. The primary offense data, which is the most serious crime for which the inmate was convicted and sent to prison, were classified into six categories: violent, property, drug, violation of probation (VOP), motor vehicle (MV) offenses, and all other crimes. Each crime category is comprised of specific types of offenses. Violent crime consists of homicide, assault, sexual assault, robbery, kidnapping, and arson. Property crime consists of burglary, larceny, forgery, and fraud. Drug crime includes sale and possession of illegal drugs and paraphernalia. The violation of probation category also includes failure to appear in court and escape. The motor vehicle offense category includes all driving and license violations. The other crime category consists of all remaining offenses such as weapon possession, risk of injury to a minor, conspiracy to commit a crime, perjury, and tampering with a witness or evidence. These crime categories and types were used throughout the analysis of recidivism data.

Figure III-1 shows the breakdown by crime category among the total inmate group. (None of the inmates in the group had a primary offense in the MV category.) The specific type of offenses and their ratios within each category are:

• drug offenses

_ 66 percent sale of narcotic, hallucinogenic, or other illegal drug or substance,

_ 34 percent possession;

• violent crime

_ 40 percent assault,

_ 35 percent robbery,

_ 12 percent sexual assault,

_ 5 percent homicide,

_ 4 percent kidnapping,

_ 4 percent arson;

• property crime

_ 47 percent burglary,

_ 47 percent larceny,

_ 6 percent forgery or fraud;

• other types of offenses

_ 36 percent possession or carrying a weapon,

_ 27 percent risk of injury,

_ 30 percent conspiracy to commit a crime,

_ 7 percent another type of crime (e.g., bribery, tampering with a witness or evidence, perjury, prostitution); and

• violation of probation, which also includes escape and failure to appear in court.

As shown in Figure III-2, there was not a significant difference between the age groups of inmates in terms of their primary crimes. About one-third in each age group was incarcerated for a drug offense, which were mostly for the sale of illegal drugs.

However, there was a significant difference among male and female inmates in the type of primary crime committed. Figure III-3 shows male inmates (20 percent) tended to commit violent crimes more frequently than females (12 percent) and female inmates (24 percent) were incarcerated more often than males (15 percent) for a violation of probation.

Primary sentence. On average, the inmate cohort group was sentenced by the court to 3.7 years (45 months) in prison, but 62 percent were in prison for only about two years before their release in 1997. Inmates sentenced for violent and property crimes served the greatest percentage (about 66 percent) of the court-imposed sentence prior to release. Drug offenders served on average 57 percent of their sentence prior to release, and those incarcerated for crimes such as weapon offenses, risk of injury, conspiracy to commit a crime, perjury, and violation of probation served about 60 percent of the total sentence.

Based on the length of the court-imposed sentence and the amount of time served, the data show female inmates received prison terms that were less than those imposed on males for the same category of crimes. Also, females served significantly less of their total sentence in prison than males.

As shown in Figure III-4, female inmates were sentenced to about 25 percent less time in prison than males for the same category of crimes. Figure III-5 shows, however, that male inmates actually served significantly more time in prison then females for the same category of crimes.

An even more dramatic difference between males and females is evident when the actual time served on the court-imposed sentence is examined. Male inmates served 30 percent more prison time on the court-imposed sentence for a property crime than females and 26 percent more time for a drug offense. They served about 20 percent more time for a violent crime or other type of crime. The only category of crime for which females served more time on the court-imposed sentence was a violation of probation. The differences in time served may be impacted by the severity of the crime committed by males and females. In general, research suggests crimes committed by female offenders tend to be less serious in terms of the level of violence, use of weapons, and value of property stolen or damaged. The available data on the primary offense, however, does not indicate the severity of the crime.

Probationer Cohort Group

The cohort group of probationers included 10,402 convicted felons who received a nonprison sentence of probation, conditional and unconditional discharge, accelerated rehabilitation, youthful offender status, or pre-trial program. The following is an analysis of demographic and sentencing data for the group.

Demographics. The majority (83 percent) of the probationers in the sample were males. Females, however, made up a larger percentage (17 percent) of the probation group than the inmate group.

Among the probationers there was a wide range in ages from 16 to 96 years old, but over 40 percent were between 26 and 40 years. The average age of the offenders was 29 years, which was slightly younger than the inmate group. Comparatively, female probationers were older than males. Less than 20 percent of the females were between the ages of 16 and 21 years whereas 30 percent of the males were in that age group.

Like the inmate group, more than half (56 percent) of the probationers were members of a minority: 37 percent African American; 18 percent Hispanic; and less than 1 percent other groups. Caucasians, however, represented a larger percentage of probationers (44 percent) than of inmates.

Primary crime. Figure III-6 represents the distribution of probationers by type of primary crime. As shown, more than half (53 percent) of the probationers were convicted and sentenced for a drug offense. Two-thirds of those were convicted of drug possession and one-third for the sale or manufacturing of illegal drugs. (Less than 1 percent of the probationer group was convicted of a motor vehicle crime so they were not included in the graphic.) The breakdown among the other categories of crime are:

• violent crime

_ 53 percent assault,

_ 26 percent robbery,

_ 8 percent arson,

_ 7 percent kidnapping,

_ 4 percent sexual assault,

_ 2 percent homicide;

• property crime

_ 54 percent larceny,

_ 38 percent burglary,

_ 8 percent forgery or fraud;

• other crimes

_ 39 percent possession or carrying weapon,

_ 35 percent risk of injury to a minor,

_ 26 percent for offenses such as perjury, tampering with evidence, prostitution, disorderly conduct, breach of peace, and criminal mischief;

• motor vehicle offenses

_ 86 percent evasion of responsibility,

_ 4 percent failure to stop; and

• violation of probation

_ 96 percent failure to appear in court,

_ 4 percent escape.

The analysis shows there was no significant difference among male and female probationers in terms of the primary crimes for which they were sentenced. Drug crimes still represented a majority of the offenses committed by each age group. However, Figure III-7 shows younger probationers, between the ages of 16 and 21, committed more property crimes than older probationers.

Primary sentence. There are several types of nonprison sentences the court may impose, including probation, conditional and unconditional discharge, accelerated rehabilitation, youthful offender status, community service labor program, pre-trial diversionary and education programs, and a fine. As shown in Table III-1, among the probationer cohort group, the most common sentences were probation (44 percent) and alternative sentences (40 percent).

Upon conviction, the court determines the type and length of sentence. For this study, only the length of probation sentences were analyzed because the other sentences mandate very short terms or require the offender to participate in and complete a program rather than set a specific supervision period. Therefore, reviewing sentence length for those sanctions would not provide useful information for this study.

Most offenders sentenced to probation also received a suspended prison term. The court imposes a period of incarceration, but does not require the offender to serve the time. In lieu of prison, the offender is supervised by the judicial branch's adult probation staff. However, if the offender violates probation or commits a new crime, the court may require him or her to serve the suspended portion of the sentence in prison.

The average probation sentence was slightly less than three years. There was no difference in the average term of the sentence between males and females. Probationers convicted of a violent crime received an average of 40 months on probation, property offenders received 37 months, drug offenders received 33 months, motor vehicle offenders were sentenced to 36 months, and those sentenced to crimes such as weapons possession, risk of injury, perjury, and conspiracy received 40 months.

Convicted felons sentenced to probation are under supervision for the entire term set by the court. There is no early release from probation, however, the judicial branch may lower the level of probation supervision or modify the release conditions.

Profile of Nonrecidivists in Cohort Groups

An analysis was conducted to determine what a "typical" inmate or probationer looked like. The analysis looked at demographic characteristics, as well as the type of crimes committed and the sentences received by inmates or probationers. Subsequently, the program review committee wanted to know if there were any differences in these characteristics for inmates and probationers who were rearrested and those who were not rearrested. The staff found there are some slight differences and similarities between the two groups, but nothing that stands out substantially.

It is important to note there are factors that may reduce an offender's predisposition to reoffend that are not included in the database. Most of these factors such as a supportive family, community, or religious structure are not easily quantifiable for analysis purposes. Also, offenders may have moved to another state and/or been rearrested in another state or by a federal law enforcement agency and would not appear in the sample database. Finally, some offenders who were not rearrested may have committed new crimes, but were not arrested.

Inmate Cohort Group. A comparison between inmate recidivist and nonrecidivists showed the characteristics of the two groups did not differ much. They were similar in education, mental health level, and risk level. However, slight differences were found in the following characteristics:

• Age: Younger inmates (determined by age at discharge) were more likely to be rearrested after discharge than older inmates. The average age at discharge of the rearrested inmates was 30 years compared to 34 for those inmates not rearrested.
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• Gender: Males were more likely to be rearrested than females. Among the rearrested inmates, 92 percent were male and 8 percent female.
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• Race: African Americans were more likely to be rearrested than other racial groups, but when examining the inmates who were not rearrested, a more equal proportion was seen among all of the races.
• Substance Abuse: The more severe an inmate's substance abuse, the more likely he or she was to be rearrested.
• Criminal History: Inmates with rearrests were younger at first arrest, had a greater number of prior arrests and convictions, but spent less time in prison than nonrecidivist inmates.
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• Program Participation: There was no notable difference in the rate of program participation among those offenders who were rearrested and those who were not.

Probationer Cohort Group. A comparison of probationer recidivists and nonrecidivists showed they were similar in mental health level, but exhibit some interesting differences in other characteristics.

• Age: Younger probationers (determined by age at sentencing) were more likely to be rearrested while on probation than older probationers. The average age at sentencing of a rearrested probationer was 28 years compared to 32 years for probationers not rearrested.
• Gender: Males were more likely to be rearrested than females. Among the rearrested probationers, 84 percent were males and 16 percent females compared to 74 percent males and 26 percent females among those probationers not rearrested.
• Race: Like the inmate group, African Americans were more likely to be rearrested than any other racial group and Caucasians were more likely not to be rearrested.
• Substance Abuse: Probationers that were rearrested were more likely to have a substance abuse problem than those not rearrested. That is, 47 percent of recidivists had a severe or chronic drug problem compared to only 39 percent of nonrecidivists.
• Education: Probationers who were rearrested had a lower level of educational attainment than those who were not rearrested. Only 13 percent of recidivists had attended college or had a college degree compared to 23 percent of nonrecidivists. In addition, 41 percent of nonrecidivists had a high school diploma or GED compared to only 31 percent of recidivists.
• Employment: Probationers with no new arrests were employed on average for five months prior to their primary arrest compared to only three months for those who were rearrested.
• Offense Category: Overall, the types of crimes committed by recidivists and nonrecidivists was similar. The probationers in the sample who were previously convicted of drug offenses were more likely to be rearrested than offenders convicted of a violent, property, or other types of crimes.
• Primary Sentence Type: Probationers who participated in programs that do not require daily supervision were less likely to be rearrested than the probationers who were supervised. This may be a result of the type of offender who is placed in a nonsupervision program. Typically, only first-time offenders or those convicted of minor offenses are eligible to participate. The data showed probationers with less extensive criminal histories were less likely to recidivate.
• Probation Sentence Length: Probationers who were rearrested spent on average two years on probation compared to nonrecidivist offenders who served on average three years on probation. Those sentenced to longer terms of probation may be under close supervision, which may inhibit future criminal activity.
• Sentence Completion Type: Over 80 percent of the probationers with no rearrests compared to 51 percent of probationers with rearrests successfully completed their community supervision sentence.
• Program Participation: There was no notable difference in the rate of program participation among those probationers who were rearrested and those who were not.

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