Andres F. Rengifo

Policies and Imprisonment: The Impact of Structured Sentencing and Determinate Sentencing on State Incarceration Rates, 1978–2004

Research has begun to systematically assess the relationship between sentencing policies and state incarceration rates. Prior studies, however, have examined policy‐based relationships in isolation, failing to consider the impact of combinations of policies. Using a pooled time series design, this article examines interactions between structured sentencing, determinate sentencing, and state incarceration rates between 1978 and 2004. Results show that constraining release discretion through determinate sentencing matters more than constraining sentencing discretion through structured sentencing. Consistent with prior research, determinate sentencing was associated with lower incarceration rates independent of other policies. Contrary to prior research, however, the presence of presumptive sentencing guidelines was associated with lower incarceration rates only when combined with determinate sentencing. These findings suggest that while a state may effectively insulate sentencing decisions from outside social forces, if it fails to insulate release decisions from those same forces, they will continue to affect imprisonment levels.

The Impact of Drug Treatment on Recidivism Do Mandatory Programs Make a Difference? Evidence From Kansas’s Senate Bill 123

This study compares the recidivism of eligible drug possessors sentenced under Kansas’s mandatory drug treatment policy (SB 123) to those of similar offenders receiving other sentences. Using multinomial logistic regression, the authors found that participation in SB 123 was generally associated with a decrease in the likelihood of recidivism. However, models relying on matched samples of offenders generated via propensity scores showed that SB 123 did not have a significant impact on recidivism rates relative to community corrections and actually increased recidivism rates relative to court services. The authors argue that the limited effect of SB 123 on recidivism stems from the net-widening effects often encountered with mandatory sentencing policies rather than inherent problems with the delivery of treatment.

Charting the Evolution of Structure and Determinacy in State Sentencing and Corrections Policies 1970–2010:

This study examines state policies governing criminal sentencing and prison release decisions between 1970 and 2010. The goal is to create common definitions and operationalizations of policies to better specify state-level policy differences over time and across jurisdictions. Relying on an independent review of state codes, we define and catalogue key legislative initiatives adopted across the states, including presumptive sentences, sentencing guidelines, and the abolition of discretionary release. We argue that a set of common definitions and accounting is necessary for enhancing research on the content, adoption, and impact of policies and for assisting policymakers in the development of reform initiatives in the areas of sentencing and corrections.