Michigan is an Outlier on Sentence Length

Based on average length of stay in prison, Michigan has one of the most punitive criminal justice systems in the country. The Pew Center on the States found that in 2009 Michigan had the longest average length of stay of the 35 states Pew studied. Overall, Michigan prisoners served nearly 17 months more than the national norm. (See 10,000 Fewer, page 31.)

A major reason for this is Michigan’s harshest-in-the-nation “truth in sentencing” law, which requires all people serving a term of years (about 85 percent of the prison population) to serve every day of their minimum sentence in prison. This policy bans all forms of early release, including “good time.”

Since 1998, the average minimum sentence in Michigan’s prison system has increased from 7.1 years to 11.7 years. (Compare Section C1 of the 1998 and 2020 MDOC Statistical Reports.) Likewise, the average age of people in the prison system has increased from 34 to 40. However, a recent report by Safe & Just Michigan observed that “a large and diverse body of empirical research demonstrating that increased length of stay does not reduce recidivism. That is, keeping people in prison longer does nothing to enhance public safety.” (See Barbara Levine, J.D., Anne Mahar, Ph.D., and Justin Smith, Ph.D., Safe & Just Michigan, “Do Michigan’s Sentencing Guidelines Meet the Legislature’s Goals? A Historical and Empirical Analysis” (Nov. 2021), hereinafter “Sentencing Guidelines Report,” page 25).

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     Michigan Supreme Court reinstates right to appeal all sentences.

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The Michigan Supreme Court recently struck down the first sentence of MCL 769.34(10), as being unconstitutional. Therefore, a within-guidelines sentence may now again be reviewed for reasonableness on appeal. People v Posey, ___ Mich ___ (Docket No. 162373, 7/31/23).