New Report: States Are “Re‑Punishing the Past,” Adding Years—Often a Decade or More—to Already Long Prison Terms Because of Old Convictions

[Washington, D.C.] – A new report from The Sentencing Project finds that across multiple states, criminal records account for a large share of already lengthy prison sentences, often adding years or even decades to sentences, without evidence of community safety benefits. These sentencing policies cause disproportionate harm to Black communities due to overpolicing and criminalization. The report,  Re‑Punished for the Past: How Criminal Records Increase Prison Terms and Racial Injustice, examines sentencing policies and outcomes in Maryland, Minnesota, Pennsylvania, and Washington for people sentenced to 10 years or longer.

“Taxpayers are paying for extra years of incarceration – sometimes extra decades – that don’t buy us community safety,” said Nazgol Ghandnoosh, director of research at The Sentencing Project and lead author of the report. “The data shows that the system is punishing people for who they were, not just who they are today –  inflating already long sentences and deepening racial inequality without a return on investment of our public safety. If we are going to get serious about safety, our policies must be guided by facts, not fear and anger. Real safety, and justice, comes from making sentences proportional to the offense.”

Key findings

• Among people with criminal records receiving lengthy terms, the share of the sentence attributable to past convictions is substantial: Maryland (63%), Minnesota (30%), Pennsylvania (45%), and Washington (41%).
• Large sentence add‑ons: For a 20‑year sentence in Maryland, about 12.6 years are attributable to a person’s criminal record; comparable add‑ons are ~6 years in Minnesota, ~9 years in Pennsylvania, and ~8 years, 2 months in Washington.
• Racial impact: Among people sentenced to 10+ years, Black individuals had criminal record scores ~26% higher than whites across the four states, contributing to significantly longer sentences despite comparable offense severity.
• Poor public‑safety rationale: The report synthesizes research showing that most people age out of crime in roughly 10 years and the likelihood of recidivism declines after a decade as well, undercutting claims that multi-year add‑ons based on old, prior convictions enhance safety.

As a result, The Sentencing Project recommends that for sentences of 10 years or longer, that no more than 10% of a sentence should be attributable to past convictions. This approach reflects the mounting evidence about the length of individuals’ criminal careers and aligns U.S. practice more closely with peer nations.

The report also highlights recent reforms—such as scaling back criminal history in sentencing guidelines and limiting juvenile adjudications—that point to a path forward, and urges states to adopt “second look” resentencing opportunities so reforms can reach people already serving extreme terms.

The Sentencing Project has long called for the end of extremely long sentences, citing the great financial and moral costs of incarceration on impacted individuals, families, and communities nationwide. For more information about The Sentencing Project’s advocacy to end mass incarceration and read the full report, visit sentencingproject.org.