The length of time served in prison is a complex issue with many factors at play. Sentencing laws, parole eligibility, credit for time served, and the behavior of the incarcerated individual all impact how much of a prison sentence will actually be served behind bars.
This article examines the key elements that determine how much of a sentence is served, looking at federal and state laws, the role of parole boards, and the experience of individuals navigating the prison system. Gaining a fuller understanding of this topic provides critical insight into the real-world outcomes of criminal sentencing.
Federal vs. State Sentencing Guidelines
Federal Sentencing
At the federal level, the Sentencing Reform Act of 1984 established mandatory minimum sentences and sentencing guidelines for judges to follow when determining prison terms. Under this system, those convicted of federal crimes are given a baseline sentence within a provided range based on the severity of the offense and the defendant’s criminal history.
Judges have some discretion to depart from the guidelines but are still bound by any applicable mandatory minimums. Good behavior credits can reduce the time spent incarcerated by up to 54 days per year of the sentence. The average time served on a federal sentence is 85% of the total length.
State Sentences
Sentencing guidelines at the state level vary widely across different jurisdictions. Some states follow systems similar to the federal model with recommended sentence ranges, while others give judges broad discretion within statutory ranges.
States also differ significantly in their use of mandatory minimums, with some eschewing them entirely and others requiring them for many offenses. Parole eligibility and credits for good behavior also fluctuate dramatically between states. On average, those in state prisons serve about 70% of their total sentence.
The Role of Parole Boards
In both federal and state prisons, parole boards hold significant influence over time served. These boards review inmate cases periodically to determine if they are suitable for release before completing their entire sentence. If granted parole, the individual is released under community supervision for the remainder of their term.
The percentage of the sentence that must be served before parole eligibility ranges from 25% to 85% depending on the jurisdiction and offense. While guidelines and recommendations are in place, parole boards have full discretion when deciding if an inmate should be released. Across the country, about 40% of those released from prison are through parole rather than simply serving their complete sentence.
Time Served by Offense Type
The type of offense committed has a major impact on the portion of a sentence that will be served in prison. Violent crimes often carry lengthy sentences with a high percentage of time served before parole eligibility.
Long mandatory minimums also limit reductions for nonviolent drug offenses at the federal level and in many states. Low-level property crimes may have parole thresholds set at under 50% of the sentence. On average, time served on a life sentence is around 25 years. Here are typical times served based on offense:
- Violent crimes – 85% of sentence
- Murder – 50% of sentence
- Sexual assault – 65% of sentence
- Robbery – 70% of sentence
- Drug trafficking – 75% of sentence
- Drug possession – 60% of sentence
- Burglary – 55% of sentence
- Fraud/theft – 45% of sentence
Prison Time Served by Individuals
While sentencing guidelines and parole eligibility give a big picture view, looking at the experiences of individual inmates provides further insights into time actually served. Prison sentences don’t always go as initially planned. Here are some examples of how much of their sentence three different individuals ultimately served and the circumstances impacting their terms:
John D.
- Offense: Armed bank robbery
- Sentence: 8 years
- Time served: 6 years
John served 75% of his sentence and was released on parole. Despite multiple infractions for fighting during the early years of his term, he eventually completed courses for anger management and job skills. The parole board considered his record of infractions but approved his release based on his improved behavior and rehabilitation efforts.
Sarah W.
- Offense: Drug trafficking
- Sentence: 25 years
- Time served: 21 years
Sarah was convicted under federal mandatory minimum sentencing laws with a high threshold for parole eligibility. Despite a record of good behavior and minimal infractions, the parole board did not approve her release until she served over 80% of her lengthy sentence.
Michael R.
- Offense: Aggravated assault
- Sentence: 8 years
- Time served: 3 years
Michael’s sentence was cut short when he cooperated with authorities as an informant in another case. His testimony led to additional arrests which the parole board took into consideration, approving his release after just 3 years. The sentencing judge also reduced his prison term by 2 years as a reward for his cooperation.
Table of Notable Crimes and Prison Time Served
| Defendant | Crime | Sentence | Time Served |
|---|---|---|---|
| Bernie Madoff | Ponzi scheme fraud | 150 years | 12 years (died in custody) |
| Dzhokhar Tsarnaev | Boston Marathon bombing | Death sentence, overturned to life without parole | 6 years and counting |
| Joaquín “El Chapo” Guzmán | Drug trafficking and organized crime | Life plus 30 years | 4 years before escape, recaptured and sentenced to life |
| Lee Boyd Malvo | DC area sniper | Life without parole | 17 years and counting |
| Harvey Weinstein | Rape and sexual assault | 23 years | Currently serving |
| Larry Nassar | Sexual abuse of minors | 60 years | 2 years and counting |
| Scott Peterson | Murder of pregnant wife | Death sentence, overturned to life without parole | 17 years and counting |
Conclusion
Calculating time served in prison is a complex calculation with many variables. Sentencing guidelines provide a starting framework but parole eligibility, credits for good behavior, cooperation with authorities and the discretion of parole boards all impact the final amount of time that individuals will spend behind bars.
On average, those in federal prisons serve around 85% of their sentence, while the number is closer to 70% in state facilities. However, this can range from as low as 25% for some crimes up to fully serving a life sentence.
The type of crime, jurisdiction and actions of the incarcerated person all interact to determine how much of a prison sentence will ultimately be served. Understanding these key factors provides clarity on real sentence lengths and outcomes in the criminal justice system.
Frequently Asked Questions
Do probation sentences still require time served?
Probation allows individuals to serve their sentence in the community rather than prison. Typical requirements include regularly reporting to a probation officer, obeying all laws, submitting to drug tests and avoiding contact with past associates involved in crime. Violating these terms can result in probation revocation and incarceration.
Can a sentence be reduced for completing rehabilitation programs?
Some jurisdictions allow earned time credits for the completion of approved rehab programs like addiction treatment or earning new job skills. However, mandatory minimums limit reductions in many cases. These credits are generally modest, from a few weeks up to a potential 20% reduction for extensive programming.
What if a new law changes the sentence for a crime after conviction?
New laws generally only apply to future cases and are not retroactive. However, some sentencing reform laws have allowed those currently incarcerated to petition for a review and reduction of lengthy mandatory sentences.
Can a sentence be extended if an inmate commits another crime in prison?
Any new crimes committed in prison can result in additional consecutive sentences. Assault, possessing contraband, organizing gang activity and other offenses can all lead to more time added to a prisoner’s original term.
What happens if a parolee violates their release conditions?
Parole boards can revoke release and send the individual back to prison if conditions like obeying laws or avoiding past associates are violated. Time spent on parole generally does not count toward the original sentence. The parole term will resume upon release from custody for the violation.