Prisons, Jails & Probation - Overview

"During 2006 the total Federal, State, and local adult correctional population — incarcerated or in the community - grew by 159,500 persons to over 7.2 million. The growth of 2.3% during the year was about the same as the average annual increase in the correctional population since 1995 (2.5%). About 3.2% of the U.S. adult population, or 1 in every 31 adults, were incarcerated or on probation or parole at yearend 2006."

"At yearend 2007, federal and state correctional authorities had jurisdiction over 1,598,316 prisoners (1,483,896 males; 114,420 females)". Of these, 199,618 were serving time for federal offenses, and 1,398,698 were serving for state offenses.

"After increasing 2.8% during 2006, the growth of the prison population slowed to 1.8% during 2007. The 1.8% increase was slower than the average annual growth witnessed from 2000 to 2006 (2.0%)."

State prisons held a total of 1,296,700 inmates on all charges at yearend 2005. In absolute numbers an estimated 687,700 inmates in State prison at yearend 2005 (the latest year for which offense data is available) were held for violent offenses: 166,700 for murder, 177,900 for robbery, 129,200 for assault, and 164,600 for rape and other sexual assaults. In addition, 248,900 inmates were held for property offenses, 253,300 for drug offenses, and 98,700 for public-order offenses.

Federal prisons were estimated to hold 179,204 sentenced inmates in 2007. Of these, 15,647 were incarcerated for violent offenses, including 2,915 for homicide, 8,966 for robbery, and 3,939 for other violent crimes. In addition, 10,345 inmates were serving time for property crimes, including 504 for burglary, 7,834 for fraud, and 2,006 for other property offenses. A total of 95,446 were incarcerated for drug offenses. Also, 56,237 were incarcerated for public-order offenses, including 19,528 for immigration offenses and 24,435 for weapons offenses.

"During 2007, the prison population increased more rapidly than the U.S. resident population. The imprisonment rate — the number of sentenced prisoners per 100,000 residents — increased from 501 prisoners per 100,000 U.S. residents in 2006 to 506 prisoners per 100,000 U.S. residents in 2007. From 2000 through 2007, the imprisonment rate increased from 475 per 100,000 U.S. residents to 506 per 100,000 U.S. residents. During these seven years, the number of sentenced prisoners increased by 15% while the general population increased by 6.4%."

According to the American Corrections Association, the average daily cost per state prison inmate per day in the US is $67.55. State prisons held 253,300 inmates for drug offenses in 2005. That means states spent approximately $17,110,415 per day to imprison drug offenders, or $6,245,301,475 per year.

"The United States has the highest prison population rate in the world, some 738 per 100,000 of the national population, followed by Russia (611), St Kitts & Nevis (547), U.S. Virgin Is. (521), Turkmenistan (c.489), Belize (487), Cuba (c.487), Palau (478), British Virgin Is. (464), Bermuda (463), Bahamas (462), Cayman Is. (453), American Samoa (446), Belarus (426) and Dominica (419).
"However, more than three fifths of countries (61%) have rates below 150 per 100,000. (The rate in England and Wales - 148 per 100,000 of the national population - is above the mid-point in the World List.)"

As of June 30, 2007, the incarceration rate in state or federal prison or jail for men was 1,406 per 100,000 residents, for women 136 per 100,000 residents. The rate for white men was 773 per 100,000, for black men 4,618 per 100,000, for Hispanic men 1,747 per 100,000. The rate for white women was 95 per 100,000, for black women 348 per 100,000, and for Hispanic women 146 per 100,000.

"Of the 2.3 million inmates in custody, 2.1 million were men and 208,300 were women (table 9). Black males represented the largest percentage (35.4%) of inmates held in custody, followed by white males (32.9%) and Hispanic males (17.9%).
"Over a third (33.8%) of the total male custody population was ages 20 to 29 (appendix table 10). The largest percentage of black (35.5%) and Hispanic (39.9%) males held in custody were ages 20 to 29. White males ages 35 to 44 accounted for the largest percentage (30.1%) of the white male custody population.
"The largest percentage (35.9%) of the female custody population was ages 30 to 39. Over a third of white females (35.9%) were ages 30 and 39. The largest percentage (36.8%) of Hispanic females in custody was ages 20 to 29."

"The custody incarceration rate for black males was 4,618 per 100,000. Hispanic males were incarcerated at a rate of 1,747 per 100,000. Compared to the estimated numbers of black, white, and Hispanic males in the U.S. resident population, black males (6 times) and Hispanic males (a little more than 2 times) were more likely to be held in custody than white males. At midyear 2007 the estimated incarceration rate of white males was 773 per 100,000.
"Across all age categories, black males were incarcerated at higher rates than white or Hispanic males. Black males ages 30 to 34 had the highest custody incarceration rate of any race, age, or gender group at midyear 2007."

"Changes in the incarceration rates for men and women by race were associated with changes to the overall composition of the custody population at midyear 2007. Black men had an incarceration rate of 4,618 per 100,000 U.S. residents at midyear 2007, down from 4,777 at midyear 2000. For white men, the midyear 2007 incarceration rate was 773 per 100,000 U.S. residents, up from 683 at midyear 2000. The ratio of the incarceration rates of black men to white men declined from 7 to 6 during this period.
"Changes in the incarceration rates for women were more distinct. At midyear 2000, black women were incarcerated at a rate 6 times that of white women (or 380 per 100,000 U.S. residents versus 63 per 100,000 U.S. residents). By June 30, 2007, the incarceration rate for black women declined to 3.7 times that of white women (or 348 versus 95). An 8.4% decline in the incarceration rate for black women and a 51% increase in the rate for white women accounted for the overall decrease in the incarceration rate of black women relative to white women at midyear 2007."

"At midyear 2007, the incarceration rate of black women held in custody (prison or jail) was 348 per 100,000 U.S. residents compared to 146 Hispanic women and 95 white women. With the exception of females ages 55 to 59, black women were held in custody at higher rates than Hispanic or white women across all age categories."

"An estimated 809,800 prisoners of the 1,518,535 held in the nation's prisons at midyear 2007 were parents of minor children, or children under age 18. Parents held in the nation's prisons -- 52% of state inmates and 63% of federal inmates -- reported having an estimated 1,706,600 minor children, accounting for 2.3% of the U.S. resident population under age 18."

"Thirty-seven percent of parents held in state prison reported living with at least one of their children in the month before arrest, 44% reported just prior to incarceration, and 48% reported at either time (table 7). Mothers were more likely than fathers to report living with at least one child. More than half of mothers held in state prison reported living with at least one of their children in the month before arrest, compared to 36% of fathers. More than 6 in 10 mothers reported living with their children just prior to incarceration or at either time, compared to less than half of fathers.

"Parents held in federal prison were more likely than those held in state prison to report living with a child in the month before arrest, just prior to incarceration, or at either time (appendix table 7). Mothers in federal prison were more likely than fathers to report living with a child."

"Mothers in state prison (58%) were more likely than fathers (49%) to report having a family member who had also been incarcerated (table 11). Parents in state prison most commonly reported a brother (34%), followed by a father (19%). Among mothers in state prison, 13% reported a sister and 8% reported a spouse. Six percent of fathers reported having a sister who had also been incarcerated; 2%, a spouse.

"While growing up, 40% of parents in state prison reported living in a household that received public assistance, 14% reported living in a foster home, agency, or institution at some time during their youth, and 43% reported living with both parents most of the time (appendix table 11). Mothers (17%) held in state prison were more likely than fathers (14%) to report living in a foster home, agency, or institution at some time during their youth. Parents in federal prison reported lower percentages of growing up in a household that received public assistance (31%) or living in a foster home, agency, or institution (7%). These characteristics varied little by gender for parents held in federal prison.

"More than a third (34%) of parents in state prison reported that during their youth, their parents or guardians had abused alcohol or drugs. Mothers in state prison (43%) were more likely than fathers (33%) to have had this experience. Fewer parents (27%) in federal prison reported having a parent or a guardian who had abused alcohol or drugs."

"A majority of parents in both State (62%) and Federal (84%) prison were held more than 100 miles from their last place of residence."

The Bureau of Justice Statistics estimates that 2.8% of all children under age 18 have at least one parent in a local jail or a State or Federal prison - a total of 1,941,796 kids. One in 40 have an incarcerated father, and 1 in 359 have an incarcerated mother.

"The few studies on the local economic impacts of prisons to date have not found significant positive impacts. For example, a study by the Sentencing Project challenges the notion that a new prison brings economic benefits to smaller communities. Using 25 years of data from New York State rural counties, the authors looked at employment rates and per capita income and found 'no significant difference or discernible pattern of economic trends' between counties that were home to a prison and counties that were not home to a prison (King, Mauer, and Huling 2003). According to a recent study by Iowa State University, many towns that made sizeable investments in prisons did not reap the economic gains that were predicted (Besser 2003). Another analysis in Texas found no impacts as measured by consumer spending in nearly three-fourths of the areas examined (Chuang 1998)."

"The economic benefits of new prisons may come from the flow of additional state and federal dollars. In the decennial census, prisoners are counted where they are incarcerated, and many federal and state funding streams are tied to census population counts. According to the U.S. General Accounting Office (2003), the federal government distributes over $140 billion in grant money to state and local governments through formula-based grants. Formula grant money is in part based on census data and covers programs such as Medicaid, Foster Care, Adoption Assistance, and Social Services Block Grant (U.S. General Accounting Office 2003). Within a state, funding for community health services, road construction and repair, public housing, local law enforcement, and public libraries are all driven by population counts from the census."

"Every dollar transferred to a 'prison community' is a dollar that is not given to the home community of a prisoner, which is often among the country's most disadvantaged urban areas. According to one account, Cook County Illinois will lose nearly $88 million in federal benefits over the next decade because residents were counted in the 2000 Census in their county of incarceration rather than their county of origin (Duggan 2000). Losing funds from the 'relocation' of prisoners is also an issue for New York City, as two-thirds of state prisoners are from the city, while 91 percent of prisoners are incarcerated in upstate counties (Wagner 2002a)."

"In 1998, states spent a total of $39.7 billion for justice-related programs in adult corrections, juvenile justice and the judiciary amounting to 6.3 percent of their budgets. Of this amount, $30.7 billion (77 percent) was linked to substance abuse."

The ONDCP in its 2000 annual report detailed administration requests for major increases in funding to the Federal Bureau of Prisons for drug-related prison construction. These include an extra $420 Million in fiscal year 2001, and advanced appropriations of $467 Million in 2002, and an additional $316 Million in 2003 - all drug-related.

"On December 31, 2004, 1.9% of State prison inmates and 1.1% of Federal prison inmates were known to be infected with the human immunodeficiency virus (HIV). Correctional authorities reported that 21,366 State inmates and 1,680 Federal inmates were HIV positive. The number known to be HIV positive totaled 23,046, downfrom 23,663 at yearend 2003.
"Of those known to be HIV positive in all U.S. prisons at yearend 2004, an estimated 6,027 were confirmed AIDS cases, up from 5,944 in 2003. Among State inmates, 0.5% had AIDS; among Federal inmates, 0.4%."

"In every year since 1991, the rate of confirmed AIDS has been higher among prison inmates than in the general population (figure 1). At yearend 2004 the rate of confirmed AIDS in State and Federal prisons was more than 3 times higher than in the total U.S. population. About 50 in every 10,000 prison inmates had confirmed AIDS, compared to 15 in 10,000 persons in the U.S. general population."

"Inmates held on a property offense in State and Federal prisons had the highest HIV-positive rate (both 2.6%) (table 11). Among State inmates, public-order offenders (0.9%) were least likely to report being HIV positive; among Federal prisoners, drug offenders (0.7%) were least likely to report being HIV positive."

"The percentage of State prison inmates who were HIV positive was —
"1.3% of those who never used drugs
"1.7% of those who had ever used drugs
"1.9% of those who used drugs in the month before their current offense
"2.8% of those who had used a needle to inject drugs
"5.1% of those who had shared a needle.
"Like State inmates, Federal inmates who used a needle and shared a needle had higher rates of HIV infection than those inmates who reported ever using drugs or using drugs in the month before their current offense."

"In personal interviews conducted in 2002, nearly two-thirds of local jail inmates reported ever being tested for HIV; of those, 1.3% disclosed that they were HIV positive."

"Among jail inmates in 2002 who had ever been tested for HIV, Hispanics (2.9%) were more than 3 times as likely as whites (0.8%) and twice as likely as blacks (1.2%) to report being HIV positive."

"The percentage of jail inmates reporting that they were HIV positive varied by level of prior drug use. Of jail inmates who reported never using drugs, 0.4% were HIV positive. An estimated 1.5% of inmates who had ever used drugs, 1.5% of those who used drugs in the month before their current offense, 3.2% of those who had used a needle to inject drugs, and 7.5% of those who had shared a needle reported being HIV positive."

"Those inmates held for a property offense in local jails reported the highest HIV positive rate (1.8% ) (table 10). Drug offenders reported a slightly lower rate (1.6%). The percentage of public-order offenders who were HIV positive was 1.1%; the percentage of violent offenders, 0.7%."

"In 2004 for every 100,000 State inmates, 14 died from AIDS-related causes. The most AIDS-related deaths were reported in the South (84), followed by the Northeast (60). Together, these two regions accounted for more than three-quarters of AIDS-related deaths in State prisons."

"In 2002 the number of AIDS-related deaths in local jails was 42, down from 58 in 2000 (table 11). The rate of AIDS-related deaths was down from 9 per 100,000 inmates in 2000 to 6 per 100,000 in 2002. Of the 42 inmates who died from AIDS-related illnesses in 2002, 38 were male and 4 were female. Those who died from AIDS-related illnesses were most likely black (31 inmate deaths) and between the ages 35 and 44 (21 inmate deaths). Over the 3-year period beginning in 2000, a total of 155 local jail inmates died from AIDS-related causes."

The Russian Federation's incarceration rate is 611 inmates per 100,000 of national population, with a total prison population 869,814 out of an estimated national population of 142.3 million.

The table below shows the average sentence (mean and median) imposed on Federal prisoners for various offenses in 2000.

"At yearend 2007, the total incarcerated population reached 2,413,112 inmates (table 10). The total incarcerated population comprises all inmates held in custody in state or federal public prisons, local jails, U.S. territories, military facilities, U.S. Immigration and Customs Enforcement (ICE) facilities, jails in Indian country, and juvenile facilities. The majority (62.7%) of these inmates were held in state or federal correctional facilities. Another 32.3% of these inmates were held in local jails. A very small percentage (5.0%) were divided among territorial, U.S. Immigration and Customs Enforcement, military and juvenile facilities, and jails in Indian country.
"During 2007, the incarcerated populations decreased in military facilities (7.7%), and territorial prisons (3.5%). The largest absolute decrease occurred in territorial prisons (527 inmates), followed by the decrease in military facilities (150)."

According to the Department of Justice, in 2006 there were 7,211,400 persons in the US corrections system, of whom 4,237,023 were on probation, 798,202 were on parole, 766,010 were in jails, and 1,492,973 were in state and federal prisons. In 1995, there were 5,342,900 people in the correctional population of whom 3,077,861 were on probation, 679,421 were on parole, 507,044 were in jails, and 1,078,542 were in state and federal prisons. In 2000, there were 6,445,100 people in the correctional population of whom 3,826,209 were on probation, 723,898 were on parole, 621,149 were in jails, and 1,316,333 were in state and federal prisons.

"In 2006 the combined probation and parole populations grew by 1.8% or 87,852 persons. The growth in 2006 was slower than the average annual increase of 2.2% since 1995. Over the past 11 years, the total population under community supervision increased by over 1 million offenders, based on comparable reporting agencies. It excludes 236,014 probationers under the supervision of agencies added since 1995."

"Department of corrections data show that about a fourth of those initially imprisoned for nonviolent crimes are sentenced for a second time for committing a violent offense. Whatever else it reflects, this pattern highlights the possibility that prison serves to transmit violent habits and values rather than to reduce them."

"More than 9.25 million people are held in penal institutions throughout the world, mostly as pre-trial detainees (remand prisoners) or as sentenced prisoners. Almost half of these are in the United States (2.19m), China (1.55m plus pretrial detainees and prisoners in 'administrative detention') or Russia (0.87m)." According to the US Census Bureau, the population of the US represents 4.6% of the world's total population (291,450,886 out of a total 6,303,683,217).

The U.S. nonviolent prisoner population is larger than the combined populations of Wyoming and Alaska.

"The rate of growth of the State prison population slowed between 1995 and 2001 and then began to rise. During this time the percentage change in the first 6 months of each year steadily decreased, reaching a low of 0.6% in 2001, and then rose to 1.0% in 2005 (table 2). The percentage change in the second 6 months of each year showed a similar trend, resulting in an actual decrease in State prison populations for the second half of 2000 and 2001. "Since 1995 the Federal system has grown at a much higher rate than the States, peaking at 6.0% growth in the first 6 months of 1999. In the first 6 months of 2005, the number of Federal inmates increased 2.3%, more than twice the rate of State growth."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "Over the last 25 years, the number of state facilities increased from just fewer than 600 to over 1,000 in the year 2000, an increase of about 70 percent. In other words, more than 40 percent of state prisons in operation today opened in the last 25 years."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "Figure 6 lists the top 10 states ranked from the highest growth to the lowest growth. They are Texas, Florida, California, New York, Michigan, Georgia, Illinois, Ohio, Colorado, and Missouri. The magnitude of prison growth in these 10 states is remarkable. Between 1979 and 2000, the number of additional prisons ranged from 19 prisons in Missouri to 120 prisons in Texas. The growth in Texas equates to an extraordinary average annual increase of 5.7 additional prisons per year over the 21-year period. As a group, the 10 states were operating more than three times as many prisons in 2000 as in 1979—increasing from 195 facilities to 604 facilities. Figure 6 shows the relative growth in each state in addition to the absolute growth. In all 10 states, the number of prisons increased by more than 100 percent over the two decades. States with the lowest relative growth are Florida, which grew by 115 percent, and New York, which grew by 117 percent. Texas is again the clear leader growing by 706 percent over the 21-year period. Indeed, Texas is in a league of its own, as it added the most prisons (120), currently has the largest number of prisons in operation (137), and experienced the largest percentage increase (706 percent)."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "The prison construction boom was not concentrated in a few, key states or in certain regions of the country. Prison systems expanded significantly in states across the country. Prison systems also expanded within states. The share of counties in the top 10 states that were home to at least one prison increased from 13 to 31 percent between 1979 and 2000. State level maps (figures 13 to 22) illustrate that new prisons were geographically dispersed throughout the states. New prisons were generally not spatially concentrated, as few counties gained three or more prisons. Finally, prisons expanded into different types of counties; prisons increased significantly in both non-metro counties and metro counties."

"Over the past twenty-five years, the United States has built the largest prison system in the world. But despite a recent downturn in the crime rate, we remain far and away the most violent advanced industrial society on earth."

"We must have law enforcement authorities address the issue because if we do not, prevention, education, and treatment messages will not work very well. But having said that, I also believe that we have created an American gulag."

According to the Department of Justice, studies of recidivism reveal that "the amount of time inmates serve in prison does not increase or decrease the likelihood of recidivism, whether recidivism is measured as parole revocation, re-arrest, reconviction, or return to prison."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "Another issue related to prison expansion of the 1980s and 1990s is the disparity between where prisoners come from ("home counties") and where prisoners serve their sentences ("prison counties"). Many believe that the prison construction boom of the last 20 years happened in areas that were located far away from prisoners' homes. This has been an area of concern because greater distances between a prisoner's home and where he or she is incarcerated can negatively impact a prisoner and his or her family members. Being incarcerated far away from home makes it more challenging to maintain familial relationships and parent/child relationships in particular. In addition, challenges related to reintegrating into the community increase when a prisoner is housed far away from home. For example, steps that may facilitate prisoner reentry, such as finding a job and a place to live, are more difficult when a prisoner is imprisoned a long distance from the place to which he or she will return after release."

States spent $42.89 billion on Corrections in 2005 alone. To compare, states only spent $24.69 billion on public assistance.

Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget has increased by 1,954%. Its budget jumped from $220 million in 1986 to more than $4.3 billion in 2001.

"Despite the investment of more than $5 billion for prison construction over the past decade, the prison system is currently operating at 32 percent over rated capacity, up from 22 percent at the end of 1997. These conditions could potentially jeopardize public safety."

"At yearend 2006, 23 States and the Federal system operated at more than 100% of their highest capacity. Seventeen States operated at between 90% and 99% of their highest capacity. The Federal prison system was operating at 37% above its rated capacity at yearend 2006. "By comparison, in 1995 States operated at 114% of their highest capacity and 125% of their lowest reported capacity. The Federal system was operating at 26% over reported capacity in 1995."

From 1984 to 1996, California built 21 new prisons, and only one new university.

California state government expenditures on prisons increased 30% from 1987 to 1995, while spending on higher education decreased by 18%.

"In 2003 the United States spent a record $185 billion for police protection, corrections, and judicial and legal activities. Expenditures for operating the Nation's justice system increased from almost $36 billion in 1982 to over $185 billion in 2003, an increase of 418%. "Local governments funded nearly half of all justice system expenses. Another 33% of direct justice funding came from the States. "Total justice expenditures comprised approximately 7.2% of all State and local public expenditures in 2003. Compared to justice expenditures, State and local governments continued to spend almost 4 times as much on education, twice as much on public welfare, and roughly an equal amount on hospitals and healthcare (figure 3)."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "The few studies on the local economic impacts of prisons to date have not found significant positive impacts. For example, a study by the Sentencing Project challenges the notion that a new prison brings economic benefits to smaller communities. Using 25 years of data from New York State rural counties, the authors looked at employment rates and per capita income and found 'no significant difference or discernible pattern of economic trends' between counties that were home to a prison and counties that were not home to a prison (King, Mauer, and Huling 2003). According to a recent study by Iowa State University, many towns that made sizeable investments in prisons did not reap the economic gains that were predicted (Besser 2003). Another analysis in Texas found no impacts as measured by consumer spending in nearly threefourths of the areas examined (Chuang 1998)."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "The economic benefits of new prisons may come from the flow of additional state and federal dollars. In the decennial census, prisoners are counted where they are incarcerated, and many federal and state funding streams are tied to census population counts. According to the U.S. General Accounting Office (2003), the federal government distributes over $140 billion in grant money to state and local governments through formula-based grants. Formula grant money is in part based on census data and covers programs such as Medicaid, Foster Care, Adoption Assistance, and Social Services Block Grant (U.S. General Accounting Office 2003). Within a state, funding for community health services, road construction and repair, public housing, local law enforcement, and public libraries are all driven by population counts from the census."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "Every dollar transferred to a "prison community" is a dollar that is not given to the home community of a prisoner, which is often among the country's most disadvantaged urban areas. According to one account, Cook County Illinois will lose nearly $88 million in federal benefits over the next decade because residents were counted in the 2000 Census in their county of incarceration rather than their county of origin (Duggan 2000). Losing funds from the "relocation" of prisoners is also an issue for New York City, as two-thirds of state prisoners are from the city, while 91 percent of prisoners are incarcerated in upstate counties (Wagner 2002a)."

According to a report on prison growth by the Urban Institute's Justice Policy Center, "The effect of prisoner location on population counts may also influence the allocation of political representation and, therefore, political influence (Haberman 2000). In Wisconsin, the number of state prisoners who were housed in other states (known as interstate transfers) caused concern because these prisoners would be counted in the decennial census in the states where they were incarcerated. In 1999, U.S. Representative Mark Green introduced a bill (unsuccessfully) that proposed changes to the census policy so Wisconsin prisoners held in other states would be counted as Wisconsin residents."

"In December 2000, the Prison Journal published a study based on a survey of inmates in seven men's prison facilities in four states. The results showed that 21 percent of the inmates had experienced at least one episode of pressured or forced sexual contact since being incarcerated, and at least 7 percent had been raped in their facility. A 1996 study of the Nebraska prison system produced similar findings, with 22 percent of male inmates reporting that they had been pressured or forced to have sexual contact against their will while incarcerated. Of these, over 50 percent had submitted to forced anal sex at least once. Extrapolating these findings to the national level gives a total of at least 140,000 inmates who have been raped." Source: Human Rights Watch, "No Escape: Male Rape in US Prisons - Summary and Recommendations," 2001, from the web at http://www.hrw.org/reports/2001/prison/report.html last accessed May 18, 2004.