Prisons - Rising Prison Populations

Felonies, the most serious type of crime, are often punished with a prison sentence. Data on felony convictions at the state level tend to be reported later than data on prisoners, but trends can be discerned after a lag in time. Between 1994 and 2002, felony convictions in state courts increased from 872,220 to 1,051,000, an increase of 20%. (See Table 4.5.) During the same period, prisoners held in state and federal facilities increased from 1,016,691 to 1,380,516 (as shown in Table 4.3). Of those convicted of a felony, 45% received a prison sentence in 1994; in 1998 this percentage dropped to 44%; and in 2002 it had dropped to 41%. As shown in Figure 4.1, conviction rates for all major crimes decreased between 1994 and 2002. Prison populations are therefore rising despite the fact that fewer felons are being sentenced to prison time. The explanation for these contradictory trends lies with other factors such as the types of offenses being committed and the lengths of prison sentences.

Drug Offenses and Violent Crimes Are Up

The rise in drug offenders confined to federal prison has contributed dramatically to the overcrowding of those prisons. According to data issued by the U.S. Bureau of Prisons (http://www.albany.edu/sourcebook/pdf/t654.pdf), of 20,686 total sentenced federal prisoners in 1970, some 3,384, or 16.3%, were drug offenders. By 1980, such offenders had climbed to 24.9% of the federal prison population. The percentage of sentenced drug offenders reached its peak in 1994 at 61.3% of the federal prison population. By 2002 the number of drug offenders had tapered off to comprise 54.7% of all federal TABLE 4.2
State and federal prisoners, by region and jurisdiction, yearend 1995, 2002, and 2003
SOURCE: Paige M. Harrison and Allen J. Beck, "Table 4. Sentenced Prisoners under the Jurisdiction of State or Federal Correctional Authorities, by Region and Jurisdiction, Yearend 1995, 2002, and 2003," in Prisoners in 2003, Bureau of Justice Statistics, November 2004, http://www.ojp.usdoj.gov/bjs/pub/pdf/p03.pdf (accessed March 31, 2005)

	Sentenced prisoners			Percent change 2002–03	Average change 1995–03a	Incarceration rate 2003b
Region and jurisdiction	2003	2002	1995
U.S. total	1,409,280	1,380,516	1,085,022	2.1%	3.3%	482
Federal	151,919	143,040	83,663	6.2	7.7	52
State	1,257,361	1,237,476	1,001,359	1.6	2.9	430
Northeast	163,494	165,783	155,030	−1.4%	0.7%	300
Connecticut	13,587	14,082	10,419	−3.5	3.4	389
Maine	1,951	1,817	1,326	7.4	4.9	149
Massachusettsc	8,814	8,947	10,427	−1.5	−2.1	233
New Hampshire	2,434	2,451	2,015	−0.7	2.4	188
New Jerseyd	27,246	27,891	27,066	−2.3	0.1	314
New York	65,198	67,065	68,486	−2.8	−0.6	339
Pennsylvania	40,880	40,164	32,410	1.8	2.9	330
Rhode Island	1,983	2,045	1,833	−3.0	1.0	184
Vermont	1,401	1,321	1,048	6.1	3.7	226
Midwest	246,053	244,566	192,177	0.6%	3.1%	375
IIIinoisd	43,418	42,693	37,658	1.7	1.8	342
Indiana	23,007	21,542	16,046	6.8	4.6	370
lowad	8,546	8,398	5,906	1.8	4.7	290
Kansasd	9,132	8,935	7,054	2.2	3.3	334
Michigan	49,358	50,591	41,112	−2.4	2.3	489
Minnesota	7,865	7,129	4,846	10.3	6.2	155
Missouri	30,275	30,080	19,134	0.6	5.9	529
Nebraska	3,976	3,972	3,006	0.1	3.6	228
North Dakota	1,147	1,025	544	11.9	9.8	181
Ohiod	44,778	45,646	44,663	−1.9	0.0	391
South Dakota	3,016	2,911	1,871	3.6	6.1	393
Wisconsin	21,535	21,644	10,337	−0.5	—	392
South	566,679	553,493	446,491	2.6%	3.0%	542
Alabama	28,612	27,532	20,130	3.9	4.5	635
Arkansas	13,013	12,999	8,520	0.1	5.4	476
Delaware	4,122	3,659	3,014	12.7	4.0	501
Florida	79,594	75,204	63,866	5.8	2.8	463
Georgia	47,200	47,424	34,168	−0.5	4.1	539
Kentucky	16,190	15,572	12,060	4.0	3.7	392
Louisiana	36,047	36,032	25,195	0.0	4.6	801
Maryland	23,230	23,274	20,450	−0.2	1.6	420
Mississippi	22,168	21,397	12,251	3.6	7.7	768
North Carolina	29,394	28,613	27,914	2.7	0.6	348
Oklahomad	22,448	22,702	18,151	−1.1	2.7	636
South Carolina	22,942	22,837	19,015	0.5	2.4	551
Tennesseed	25,403	24,989	15,206	1.7	6.6	433
Texasd	156,534	151,782	127,766	3.1	2.6	702
Virginia	35,067	34,973	27,260	0.3	3.2	472
West Virginia	4,715	4,504	2,483	4.7	8.3	260
West	281,135	273,634	207,661	2.7%	3.9%	419
Alaska	2,629	2,577	2,042	2.0	3.2	401
Arizona	29,722	28,008	20,291	6.1	4.9	525
California	162,678	159,984	131,745	1.7	2.7	455
Colorado	19,671	18,833	11,063	4.4	7.5	430
Hawaii	4,167	3,840	2,590	8.5	6.1	325
Idaho	5,887	5,746	3,328	2.5	7.4	427
Montana	3,620	3,323	1,999	8.9	7.7	393
Nevada	10,543	10,478	7,713	0.6	4.0	462
New Mexico	5,934	5,631	3,925	5.4	5.3	314
Oregon	12,695	12,080	6,515	5.1	8.7	354
Utah	5,681	5,475	3,447	3.8	6.4	240
Washington	16,036	15,922	11,608	0.7	4.1	260
Wyoming	1,872	1,737	1,395	7.8	3.7	372
—Not calculated.
aThe average annual percentage increase from 1995 to 2003.
bPrisoners with sentences of more than 1 year per 100,000 residents.
cThe incarceration rate includes an estimated 6,200 inmates sentenced to more than 1 year but held in local jails or houses of corrections.
dIncludes some inmates sentenced to 1 year or less.

TABLE 4.3
Number and rate of sentenced state and federal prisoners,
yearend 1925–2003
[By sex. Rate per 100,000 resident population in each group.]

			Male		Female
	Total	Rate	Number	Rate	Number	Rate
1925	91,669	79	88,231	149	3,438	6
1926	97,991	83	94,287	157	3,704	6
1927	109,983	91	104,983	173	4,363	7
1928	116,390	96	111,836	182	4,554	8
1929	120,496	98	115,876	187	4,620	8
1930	129,453	104	124,785	200	4,668	8
1931	137,082	110	132,638	211	4,444	7
1932	137,997	110	133,573	211	4,424	7
1933	136,810	109	132,520	209	4,290	7
1934	138,316	109	133,769	209	4,547	7
1935	144,180	113	139,278	217	4,902	8
1936	145,038	113	139,990	217	5,048	8
1937	152,741	118	147,375	227	5,366	8
1938	160,285	123	154,826	236	5,459	8
1939	179,818	137	173,143	263	6,675	10
1940	173,706	131	167,345	252	6,361	10
1941	165,439	124	159,228	239	6,211	9
1942	150,384	112	144,167	217	6,217	9
1943	137,220	103	131,054	202	6,166	9
1944	132,456	100	126,350	200	6,106	9
1945	133,649	98	127,609	193	6,040	9
1946	140,079	99	134,075	191	6,004	8
1947	151,304	105	144,961	202	6,343	9
1948	155,977	106	149,739	205	6,238	8
1949	163,749	109	157,663	211	6,086	8
1950	166,123	109	160,309	211	5,814	8
1951	165,680	107	159,610	208	6,070	8
1952	168,233	107	161,994	208	6,239	8
1953	173,579	108	166,909	211	6,670	8
1954	182,901	112	175,907	218	6,994	8
1955	185,780	112	178,655	217	7,125	8
1956	189,565	112	182,190	218	7,375	9
1957	195,414	113	188,113	221	7,301	8
1958	205,643	117	198,208	229	7,435	8
1959	208,105	117	200,469	228	7,636	8
1960	212,953	117	205,265	230	7,688	8
1961	220,149	119	212,268	234	7,881	8
1962	218,830	117	210,823	229	8,007	8
1963	217,283	114	209,538	225	7,745	8
1964	214,336	111	206,632	219	7,704	8
1965	210,895	108	203,327	213	7,568	8
1966	199,654	102	192,703	201	6,951	7
1967	194,896	98	188,661	195	6,235	6
1968	187,914	94	182,102	187	5,812	6
1969	196,007	97	189,413	192	6,594	6
1970	196,429	96	190,794	191	5,635	5
1971	198,061	95	191,732	189	6,329	6
1972	196,092	93	189,823	185	6,269	6
1973	204,211	96	197,523	191	6,004	6
1974	218,466	102	211,077	202	7,389	7
1975	240,593	111	231,918	220	8,675	8
1976	262,833	120	252,794	238	10,039	9
1977 a	278,141	126	267,097	249	11,044	10
1977 b	285,456	129	274,244	255	11,212	10
1978	294,396	132	282,813	261	11,583	10
1979	301,470	133	289,465	264	12,005	10
1980	315,974	139	303,643	275	12,331	11
1981	353,673	154	339,375	304	14,298	12
1982	395,516	171	379,075	337	16,441	14
1983	419,346	179	401,870	354	17,476	15
1984	443,398	188	424,193	370	19,205	16
1985	480,568	202	459,223	397	21,345	17
1986	522,084	217	497,540	426	24,544	20
1987	560,812	231	533,990	453	26,822	22

prisoners. (See Table 4.6.) Using data in this table, one can calculate that in the 1988 to 1998 period, during which state and federal prison populations increased TABLE 4.3
Number and rate of sentenced state and federal prisoners, yearend 1925–2003 [CONTINUED]
[By sex. Rate per 100,000 resident population in each group.]
SOURCE: Adapted from Kathleen Maguire and Ann L. Pastore, editors, "Table 6.22. Number and Rate (per 100,000 Resident Population in Each Group) of Sentenced Prisoners under Jurisdiction of State and Federal Correctional Authorities on December 31 United States, by Sex, 1925–2003," in Sourcebook of Criminal Justice Statistics, Bureau of Justice Statistics, August 2004, http://www.albany.edu/sourcebook/pdf/t622.pdf (accessed March 31, 2005)

			Male		Female
	Total	Rate	Number	Rate	Number	Rate
1988	603,732	247	573,587	482	30,145	24
1989	680,907	276	643,643	535	37,264	29
1990	739,980	297	699,416	575	40,564	32
1991	789,610	313	745,808	606	43,802	34
1992	846,277	332	799,776	642	46,501	36
1993	932,074	359	878,037	698	54,037	41
1994	1,016,691	389	956,566	753	60,125	45
1995	1,085,022	411	1,021,059	789	63,963	47
1996	1,137,722	427	1,068,123	819	69,599	51
1997	1,194,581	444	1,120,787	853	73,794	54
1998	1,245,402	461	1,167,802	885	77,600	57
1999	1,304,074	463c	1,221,611	913	82,463	59
2000	1,331,278	469c	1,246,234	915	85,044	59
2001	1,345,217	470	1,260,033	896	85,184	58
2002	1,380,516	476	1,291,450	906	89,066	60
2003d	1,409,280	482	1,316,495	915	92,785	62
Note: Prison population data are compiled by a year end census of prisoners in state and federal institutions. Data for 1925 through 1939 include sentenced prisoners in state and federal prisons and reformatories whether committed for felonies or misdemeanors. Data for 1940 through 1970 include all adult felons serving sentences in state and federal institutions. Since 1971, the census has included all adults or youthful offenders sentenced to a state or federal correctional institution with maximum sentences of over 1 year.
aCustody counts.
bJurisdiction counts.
cRates have been revised and are now based on population estimates from the 2000 decennial census.
dPreliminary; subject to revision.

7.5% a year, imprisoned drug offenders increased at an average rate of 14% a year. Federal prisoners, however, are a small fraction of total prisoners.

As reported by the Bureau of Justice Statistics (Prison Statistics, http://www.ojp.usdoj.gov/bjs/prisons.htm), the state prison population grew between 1995 and 2001 because of two factors. While 15% of that growth was because of a growing number of drug offenders entering state prisons, the growing number of violent offenders accounted for 63% of the total growth.

More Time Is Served

Prison populations are influenced both by the length of a sentence a court imposes and by the percentage of the sentence the felon actually serves. As reported by Matthew R. Durose and Patrick A. Langan in Felony Sentences in State Courts, 2002 (Bureau of Justice Statistics, December 2004), between 1994 and 2002 the average sentence imposed for all offenses fell from seventy-one months in 1994 to fifty-three months in TABLE 4.4
Highest and lowest jurisdictions for selected characteristics of the prison population, yearend 2003
SOURCE: Paige M. Harrison and Allen J. Beck, "Smaller States Had High Rates of Prison Population Growth during 2003," in Prisoners in 2003, Bureau of Justice Statistics, November 2004, http://www.ojp.usdoj.gov/bjs/pub/pdf/p03.pdf (accessed March 31, 2005)

Prison population	Number of inmates	Incarceration rate, 12/31/03	Inmates per 100,000 residents*	Growth, 12/31/02 to 12/31/03	Percent change
5 highest
Federal	173,059	Louisiana	801	North Dakota	11.4%
Texas	166,911	Mississippi	768	Minnesota	10.3
California	164,487	Texas	702	Montana	8.9
Florida	79,594	Oklahoma	636	Wyoming	7.8
New York	65,198	Alabama	635	Hawaii	7.5
5 lowest
North Dakota	1,239	Maine	149	Connecticut	−4.2%
Wyoming	1,872	Minnesota	155	New York	−2.8
Vermont	1,944	North Dakota	181	Michigan	−2.4
Maine	2,013	Rhode Island	184	New Jersey	−2.3
New Hampshire	2,434	New Hampshire	188	Ohio	−1.9
*Prisoners with a sentence of more than 1 year per 100,000 in the resident population.

TABLE 4.5
Number of felony convictions in state courts, 1994–2002
SOURCE: Matthew R. Durose and Patrick A. Langan, "Estimated Number of Felony Convictions," in Felony Sentences in State Courts, 2002, Bureau of Justice Statistics, December 2004, http://www.ojp.usdoj.gov/bjs/pub/pdf/fssc02.pdf (accessed March 31, 2005)

	Estimated number of felony convictions
1994	872,220
1996	997,970
1998	927,720
2000	924,740
2002	1,051,000

2002. However, at the same time, the percentage of time actually served increased from 38% of the sentence in 1994 to 51% in 2002. The net effect of these averages was to increase the time actually served for several important categories of crime. The percentage of sentenced time actually served for murder, for example, rose from 47% in 1994 to 63% in 2002, while the actual time served for murder rose from 127 months in 1994 to 142 months in 2002. (See Table 4.7.)

Comparing the percent of imposed prison sentence actually served for 1994 and 2002 as shown in Table 4.7, all six offense categories have risen dramatically. Comparing the estimated actual time to be served in prison for 1994 and 2002, four out of the six offense categories have risen while the remaining two have stayed the same. The net effect of sentencing and time served between 1994 and 2002, therefore, was to increase the prison population because violent and property crimes represented the largest proportions of all felonies—while drug offenses were growing more rapidly.

Truth-in-Sentencing Laws

Beginning in the mid-1980s, the federal government and many states passed truth-in-sentencing laws as part of a widespread movement to "get tough on crime." The idea behind these laws was to ensure that all or a substantial portion of each sentence imposed would actually be served. States operating under federal truth-in-sentencing guidelines require that 85% of sentences are served. Forty-two states, the District of Columbia, and the federal government operate under such statutes. Their effect has been longer retention of prisoners and thus a growth in prison populations.

Parole Violators

The rising incidence of rearrest of those who have been paroled is yet another cause of a rising prison population. In 1990, 29.1% of all admissions to state prison systems were parole violators. According to Prison and Jail Inmates Midyear 2003, that proportion had increased to 33.6% of all admissions by 2002—207,251 prisoners out of 615,377. (See Table 4.8.) Although statistics on why parolees are recommitted to prison are not routinely collected by the Bureau of Justice Statistics, a survey conducted in 1997 and reported in Trends in State Parole, 1990–2000 (Bureau of Justice Statistics, October 2001) indicated that 69.9% of imprisoned parolees had committed a new offense. Some 16% of parolees were rearrested for drug violations.