Mass Incarceration: The Whole Pie 2017

Mass Incarceration 2017Wait, does the United States have 1.3 million or more than 2 million people in prison? Are most people in state and federal prisons locked up for drug offenses? Frustrating questions like these abound because our systems of confinement are so fragmented and controlled by various entities. There is a lot of interesting and valuable research out there, but varying definitions make it hard — for both people new to criminal justice and for experienced policy wonks — to get the big picture.

This report offers some much needed clarity by piecing together this country’s disparate systems of confinement. The American criminal justice system holds more than 2.3 million people in 1,719 state prisons, 102 federal prisons, 901 juvenile correctional facilities, 3,163 local jails, and 76 Indian Country jails as well as in military prisons, immigration detention facilities, civil commitment centers, and prisons in the U.S. territories. And we go deeper to provide further detail on why people are locked up in all of those different types of facilities.

 

Pie chart showing the number of people locked up on a given day in the United States by facility type and the underlying offense using the newest data available in March 2017.Pie chart showing the number of people locked up on a given day in the United States in jails, by convicted and not convicted status, and by the underlying offense, using the newest data available in March 2017. Graph showing the number of people in jails from 1983 to 2014 by whether they have been convicted or not. The number of convicted people stopped growing in 1999, but the number of unconvicted people continues to grow.Graph showing, for the years 2007 to 2015, the number of people ~~ 10.9 to 13.6 million ~~ a year who are admitted to jail per year and the number of people ~~ about 700,000 to 800,000 ~~ who are in jail on a given day.Graph showing the incarcerated populations in federal prisons, state prisons, and local jails from 1925 to 2015. The state prison and jail populations grew exponentially in the 1980s and 1990s, and began to decline slowly after 2008, while federal prison populations have always been smaller and show less change over time.

 

While this pie chart provides a comprehensive snapshot of our correctional system, the graphic does not capture the enormous churn in and out of our correctional facilities and the far larger universe of people whose lives are affected by the criminal justice system. Every year, 641,000 people walk out ofprison gates, but people go to jail over 11 million times each year. Jail churn is particularly high because most people in jails have not been convicted. Some have just been arrested and will make bail in the next few hours or days, and others are too poor to make bail and must remain behind bars until their trial. Only a small number (187,000 on any given day) have been convicted, generally serving misdemeanors sentences under a year.

 

Pie chart showing the portion of people incarcerated in federal prisons, state prisons and local jails for drug offenses. While the War on Drugs is a defining characteristic of the federal prison system, it plays only a supporting role at the state and local levelsChart showing the number and portion of people incarcerated in the federal prison system by offense. Drugs and public order offenses are the most common, with drugs being about half.Chart showing the number of arrests for drug possession and drug sales/manufacturing from 1980 to 2014. For the last 20 years, the number of arrests for drug sales have remained flat, while the number of arrests for posession have grown.Chart showing the portion of New York State's and Oklahoma's state prison population that is incarcerated for a drug offense from 1992 to 2015. The portion of New York State's prison population that is incarcerated for drug offenses has been consistently falling, while Oklahoma's rose to a peak in 2006 and has been consistently above 25% since 1999.

 

With a sense of the big picture, a common follow-up question might be: how many people are locked up for a drug offense? We know that almost half a million people are locked up because of a drug offense. The data confirms that nonviolent drug convictions are a defining characteristic of the federalprison system, but play only a supporting role at the state and local levels. While most people in state and local facilities are not locked up for drug offenses, most states’ continued practice of arresting people for drug possession destabilizes individual lives and communities. Drug arrests give residents of over-policed communities criminal records, which then reduce employment prospects and increase the likelihood of longer sentences for any future offenses.

All of the offense data presented comes with an important set of caveats. A person in prison for multiple offenses is reported only for the most serious offense so, for example, there are people in prison for “violent” offenseswho might have also been convicted of a drug offense. Further, almost all convictions are the result of plea bargains, where people plead guilty to a lesser offense, perhaps of a different category or one that they may not have actually committed.

And many of these categories group together people convicted of a wide range of offenses. For example, “murder” is generally considered to be an extremely serious offense, but “murder” groups together the rare group of serial killers, with people who committed acts that are unlikely for reasons of circumstance oradvanced age to ever happen again, with offenses that the average American may not consider to be murder at all. For example, the felony murder rule says that if someone dies during the commission of a felony, everyone involved can be as guilty of murder as the person who pulled the trigger. Driving a getaway car during a bank robbery where someone was accidentally killed is indeed a serious offense, but many may be surprised that this is considered murder.

 

Chart showing the number and portion of youth locked up by offense types, showing that most incarcerated youth are locked up for nonviolent offenses, and that 7,200 youth are incarcerated for 'offenses' that are not even crimes. The graph notes that it does not include the 4,500 youth locked up in adult prisons or jails nor the almost 20,000 youth held by the juvenile justice system in residential facilities away from home.Chart showing that 57,000 people are confined for immigration offenses, with 16,000 in Bureau of Prisons custody on criminal charges, and the remainder in Immigration and Customs Enforcement (ICE) custody on civil detention. About 10% of those in ICE custody are in ICE facilities, and about 90% are confined under contract with private prisons or local jails.Chart showing the 5,487 people civilly committed in 16 states and the federal system. The largest number are in California ~~ unsurprising, given that it is the largest state in the country ~~ followed by Minnesota, a state that is seven times smaller and that has one of the lowest prison incarceration rates in the nation.

 

This “whole pie” methodology also exposes some disturbing facts about the youth entrapped in our juvenile justice system: Too many are there for a “most serious offense” that is not even a crime. For example, there are almost 7,000 youth behind bars for “technical violations” of the requirements of their probation, rather than for a new offense. Further, 600 youth are behind bars for“status” offenses, which are “behaviors that are not law violations for adults, such as running away, truancy, and incorrigibility.”

Turning finally to the people who are locked up criminally and civilly forimmigration-related issues, we find that 16,000 people are in federal prison for criminal convictions of violating federal immigration laws. A separate 41,000 are civilly detained by U.S. Immigration and Customs Enforcement (ICE) separate from any criminal proceedings and are physically confined in federally-run or privately-run immigration detention facilities or in local jails under contract with ICE. (Notably, these categories do not include immigrants represented in other pie slices because of non-immigration related criminal convictions.)

Now, armed with the big picture of how many people are locked up in the United States, where, and why, we have a better foundation for the long overdue conversation about criminal justice reform. For example, the data makes it clear that ending the War on Drugs will not alone end mass incarceration, but that the federal government and some states have effectively reduced their incarcerated populations by turning to drug policy reform. Looking at the “whole pie” also opens up other conversations about where we should focus our energies:

  • What is the role of the federal government in ending mass incarceration? The federal prison system is just a small slice of the total pie, but the federal government can certainly use its financial and ideological power to incentivize and illuminate better paths forward. At the same time, how can elected sheriffs, district attorneys, and judges slow the flow of people into the criminal justice system?
  • Are state officials and prosecutors willing to rethink both the War on Drugs and the reflexive policies that have served to increase both the odds of incarceration and length of stay for “violent” offenses?
  • Do policymakers and the public have the focus to confront the second largest slice of the pie: the thousands of locally administered jails? And does it even make sense to arrest millions of poor people each year for minor offenses, make them post money bail, and then lock them up when they can’t afford to pay it? Will our leaders be brave enough to redirect corrections spending to smarter investments like community-based drug treatment and job training?
  • Can we implement reforms that both reduce the number of people incarcerated in the U.S. and the well-known racial and ethnic disparities in the criminal justice system?

 

Chart comparing the racial and ethnic distribution of the total U.S. population with that of the incarcerated population. Whites are a majority of the total U.S. population, but a minority of the prison population. Blacks, Latinos and Native Americans are a disproportionately larger share of the incarcerated population than they are of the total U.S. population. Chart comparing the gender distribution of the total U.S. population with that of the incarcerated population. Men are almost half of the total U.S. population, but are a majority (91%) of the incarcerated population. Women are just 9% of the incarcerated population, but this portion has doubled since 1970.Pie chart showing that people in correctional facilities are only about a third of the people under correctional control in the United States. Most (55%) are on probation. The remainder are on parole.

 

And once we have wrapped our minds around the “whole pie” of mass incarceration, we should zoom out and note that being locked up is just one piece of the larger pie of correctional control. There are another 840,000 people on parole (a type of conditional release from prison) and a staggering 3.7 million people on probation (what is typically an alternative sentence). Particularly given the often onerous conditions of probation, policymakers should be cautious of “alternatives to incarceration” that can easily widen the net of criminalization to people who are not a threat to public safety.

Now that we can see the big picture of how many people are locked up in the United States in the various types of facilities, we can see that something needs to change. Looking at the big picture requires us to ask if it really makes sense to lock up 2.3 million people on any given day, giving this nation the dubious distinction of having the highest incarceration rate in the world. Both policymakers and the public have the responsibility to carefully consider each individual slice in turn to ask whether legitimate social goals are served by putting each category behind bars, and whether any benefit really outweighs the social and fiscal costs.

We’re optimistic that this “whole pie” approach can give Americans, who are ready for a fresh look at the criminal justice system, some of the tools they need to demand meaningful changes to how we do justice.

Acknowledgments

All Prison Policy Initiative reports are collaborative endeavors, but this report builds on the successful collaborations of the 2014, 2015 and 2016 versions. For this year’s report, the authors are particularly indebted to César Cuauhtémoc García Hernández and Mary Small of the Detention Watch Network for their feedback and research pointers on immigration detention, Stephen Raher for general research assistance, Jordan Miner for upgrading our slideshow technology and Elydah Joyce for helping edit one of the graphics.

We thank the John D. and Catherine T. MacArthur Foundation Safety and Justice Challenge for their support of our research into the use and misuse of jails in this country. We also thank the Public Welfare Foundation and each of our individual donors who give us the resources and the flexibility to quickly turn our insights into new movement resources.

Peter Wagner and Bernadette Rabuy
Prison Police Initative

About Peter Wagner and Bernadette Rabuy

Peter Wagner is an attorney and the Executive Director of the Prison Policy Initiative. He co-founded the Prison Policy Initiative in 2001 in order to spark a national discussion about the negative side effects of mass incarceration.

Bernadette Rabuy is the Policy & Communications Associate at the Prison Policy Initiative. Bernadette's research has focused on the role of technology in prisons, most specifically on for-profit video visitation in prisons and jails.