SPRINGFIELD, Ill. - Illinois houses an estimated 49,000 people in its prison system, and a recent report finds it's one of the most overcrowded systems in the nation. In fact, only Alabama’s prisons are more crowded. The Federal Bureau of Justice Statistics' most recent census of prisoners, found Illinois is operating at more than 170 percent of design capacity.

Alan Mills, attorney and executive director of the Uptown People's Law Center, pointed out that the Department of Corrections budget has decreased by more than 10 percent in the past few years. And he said the human impact is devastating, especially at maximum-security facilities.

"There is not enough capacity to provide programming for these folks," he said. "There are no more education programs; there aren't even any jobs for them to do. They simply sit there and stare at the walls, or a TV set if they are "lucky" - and I put that in big quotes - enough to have one. And these are not necessarily all people in segregation."

In response, spokesman for the Illinois Department of Corrections Tom Shaer countered that the Federal Bureau of Justice Statistics' calculations do not include additional housing constructed since some of the prisons were originally built, or the practice of "double-celling." He characterized the prisons as "crowded but not overcrowded." While acknowledging that 16 women are housed in a gym, Shaer said,"There is little to no spare room, but we are able to house all our inmates safely and securely."

Shaer admitted there have been reductions in everything, education included, but it's not fair to say there are no education programs. "We have Adult Basic Education programs and G-E-D programs are offered," he said. "Some can earn an associate’s degree when community colleges come into the prison."

Regarding jobs, Shaer contended there are jobs available and performed by inmates at all facilities, including maximum-security prisons, but admitted "they haven’t kept pace with the increase in inmates who want the jobs."

Mills said the lack of resources to provide meaningful programs makes it more likely that people will commit new crimes when they are released. The attorney also charges that prison overcrowding results in people being kept in "segregation" longer than required. Single-cell "segregation" means prisoners are confined alone to their cell 22 hours a day, although the Department of Corrections said Illinois no longer practices the use of "solitary confinement."

Shaer didn't deny that lack of resources makes recidivism more likely. However, he rebutted the charge that segregation is prolonged because of housing shortages. "Anybody who earns their way out of segregation through good behavior is never denied for space reasons," he said.

The main cause of overcrowding, according to Mills, is the number of nonviolent prisoners, people with mental illness or substance-abuse disorders who he says would benefit more from treatment than from being locked in a cell.

"We're asking the people who work at the Department of Corrections to do an impossible job, which is to care for a huge number of both physically and mentally ill people with no money," he said. "And they don't do a very good job at it - but not because they're terrible doctors, but because they're asked to do the impossible."

A Pew Research Study found Illinois is 50th among states in the amount of money it spends delivering medical services in prisons.

Shaer contended that ranking is also not deserved, and that the Illinois Department of Corrections' amount is considerably greater than the report showed because it didn't include H-I-V medications, dialysis, outpatient visits to hospitals, and most state-employed medical personnel.

Mills recently testified about the effects of prison overcrowding before the Illinois Legislature's special Joint Committee on Criminal Justice Reform.

"Prison may have a role to play in society, in terms of protecting us from violent people who might otherwise harm others," he said. "But frankly, our prison system is full of thousands of people who don't meet that criteria. So, we've caused this problem by sending far too many people to prison."

The census is online at bjs.gov.



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About 7,000 Nebraskans with felony convictions who thought they'd be able to register to vote, now face uncertainty.

In question is the constitutionality of Legislative Bill 20, a new law scheduled to take effect last week.

It restores voting rights without a two year waiting period for people who've served their sentences. Gov. Jim Pillen allowed it to become law without his signature.

Jane Seu, legal and policy counsel for the American Civil Liberties Union of Nebraska, said it appears Nebraska Secretary of State Robert Evnen asked Attorney General Mike Hilgers about the law, and Hilgers has concluded it is unconstitutional.

"This is a validly passed and enacted law," said Seu. "The legislature passed it through its own process with major bipartisan support. So really, I think what all the Attorney General's doing - and the Secretary of State - is really just causing confusion and doubt for voters, questioning their right to vote."

In his opinion, Hilgers points out the Nebraska Constitution grants the power to restore voting rights to the Board of Pardons.

Seu said she thinks this opinion has the potential to harm many more Nebraskans than those helped by LB-20.

That's because it also calls a 2005 law into question, which established the two-year waiting period in lieu of a Board of Pardons decision.

Seu said the speed with which Evnen acted after receiving Hilgers' opinion is noteworthy.

"So, the Attorney General released his opinion, and the Secretary of State has decided to follow that - and has directed county election officials to not register people with felony convictions to vote," said Seu. "That happened the same day, so kind of showing some coordination to keep people with felony convictions from being able to vote."

With the passage of LB-20, Nebraska became one of the 40 states that restore voting rights to people with felony convictions. Seu said this issue is far from settled.

"We want every Nebraska voter to know that their vote matters," said Seu. "They deserve a say in our democracy, and we're going to do everything we can to uphold that right. So, we're exploring every possible option."

Support for this reporting was provided by the Carnegie Corporation of New York.




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It's being called a historic milestone - 200 people have been exonerated after being sentenced to death since 1973, what's known as the modern era of capital punishment.

The exonerees were wrongfully convicted, because of misconduct from government officials or other factors, and then set free after being behind bars - sometimes for decades.

Robin Maher, executive director of the Death Penalty Information Center, said cases like this have been devastating not just for individual families, but for the nation.

"Communities really lose confidence in the integrity of the legal system," said Maher, "and its ability to respond appropriately and keep them safe."

Half of the public now believes the U.S. unfairly applies the death penalty, according to the latest polling. But a majority of Americans still favor death sentences for those convicted of murder.

Capital punishment is illegal in West Virginia, and the state's last execution was more than 60 years ago. But there have been efforts to reinstate it this year.

And a jury recommended federal death sentences for two Mountain State residents in 2007, which were later overturned.

Nationwide, Maher said far more than 200 people have likely been wrongfully convicted and sentenced to death, in part because of challenges with the legal appeal process.

"Once someone is convicted and sent to prison, that burden then shifts to them to prove that they're innocent," said Maher. "And that's very difficult to do without a good lawyer. And it's also very difficult to do because of the operation of the law."

The Death Penalty Information Center says two-thirds of those exonerated have been people of color.

President Joe Biden campaigned on abolishing the federal death penalty, but his administration has taken few steps to do so.




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The Michigan Supreme Court is set to reexamine the life without parole sentences of three men who have spent two decades in prison, convicted of murder at ages 18, 19 and 20.

The justices will consider several factors, including the age and immaturity of the individuals, their family and home environment and the circumstances of the crimes. In 2022, the Court ruled mandatory no-parole sentences for 18-year-olds convicted of murder violated the state constitution's prohibition on "cruel or unusual" punishment. It will now decide whether to extend the ruling to 19- and 20-year-olds.

Quinn Yeargain, associate professor of law at Michigan State University, supports the court's decision to review the cases.

"There's a good amount of literature out there suggesting that people who are in their late teens and even going into their early twenties, their brains are not fully developed," Yeargain pointed out. "That's sort of the basis of this constitutional challenge."

Critics of reducing life sentences for young offenders argued it is contradictory to claim individuals old enough to vote, marry and obtain abortions without parental consent should not be held fully accountable for their serious crimes.

The high court will also look at how the offenders dealt with police and prosecutors and whether they can be rehabilitated and reintegrated into society. Yeargain emphasized it is not about giving someone a "get out of jail free card." He said Michigan's parole board, which operates within the Department of Corrections, is known for being overly cautious in ensuring individuals seeking parole have genuinely undergone rehabilitation.

"We're talking about people who are still going to be serving very long prison terms, and it's just a statement that maybe they'll be eligible for parole at a certain point," Yeargain emphasized. "If they're able to make a showing that they have changed, they have demonstrated remorse -- then they may be entitled to release at that point."

In Michigan, no-parole life sentences for those 18 or younger are no longer automatic. Judges review their background and potential for rehabilitation, while prosecutors must justify the sentence. The court plans to review the cases in the fall.


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