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Misalignment of Penal Responsibilities and State Prison Crises - Cost, Consequences, and Corrective Actions

NCJ Number
104412
Journal
University of Illinois Law Review Volume: 1984 Issue: 2 Dated: (1984) Pages: 365-387
Author(s)
P F Nardulli
Date Published
1984
Length
23 pages
Annotation
The adoption of policies that will increase counties' accountability for the use of State penal resources should encourage counties to develop alternatives to the use of State prisons for offenders adjudicated in county courts.
Abstract
A study of Illinois criminal courts from 1973 to 1977 obtained dispositional, crime, political, socioeconomic, and structural data on all counties except Cook County. The study compared counties' propensity to send convicted defendants to the State penitentiary, making allowances for the seriousness of the offenses addressed. Judges' sentencing practices changed significantly in the 1970's, largely in response to community 'get-tough' pressures. Also, marked disparities in incarceration rates existed among downstate counties, producing a maldistribution of State penal resources. Counties with scarce local resources tended to be high consumers of State resources. Counties< incarceration rates had little impact on their crime rates. One way to encourage county courts to use local corrections alternatives instead of the State prison would be to shift the funding of local corrections programs to the State. A second approach would be to allocate available prison spaces to counties in accordance with a formula based on such factors as population and crime clearances. The only approach that would address the overuse of State penal cells, preserve local control, and enhance correctional creativity and accountability would be to shift the cost of imprisonment for nonmandated offenses to the county. 7 tables, 4 graphs, and 26 footnotes.

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