Changes in State Imprisonment - Update, Brennan Center for Justice, 2016
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Update: Changes in State Imprisonment Lauren-Brooke Eisen and James Cullen Today, there are 2.3 million people in the nation’s prisons and jails — a 500 percent increase over the last forty years. With almost one in 100 American adults behind bars, our incarceration rate is the world’s highest. 1 Although the U.S. only holds 5 percent of the world’s population, it hosts 25 percent of the world’s incarcerated population. There are vast consequences to this unprecedented growth in incarceration. America spends $262 billion a year to run its criminal justice system. 2 The toll is not merely fiscal. Prisoners suffer from wage losses that make reentering the community difficult, and miss out on job opportunities and public housing options due to criminal records. Therefore, it should not be surprising that 45 percent of prisoners end up back in prison. 3 This fact sheet provides an update to findings on state imprisonment trends originally outlined in The Reverse Mass Incarceration Act. 4 It analyzes data from all 50 states on imprisonment and crime from 2006 (as bipartisan criminal justice reforms generally began around 2007) through 2014 (the most recent year of data). Two overarching findings: 1. Many argue that increased incarceration is necessary to reduce crime. Yet the data shows the opposite. Over the last ten years, 27 states have decreased both crime and imprisonment. Not only is this trend possible, it’s played out in the majority of states. 5 Nationally, imprisonment and crime have fallen together, 7 percent and 23 percent respectively since 2006. Crime continued its downward trend while incarceration also decreased. 2. In recent years, states in the South have seen some of the largest decreases in imprisonment. Yet, they also remain the largest incarcerators in the country. Mississippi reduced imprisonment by 10 percent but still has the nation’s 5th highest incarceration rate. Texas has reduced imprisonment by 15 percent yet still has the 7th highest imprisonment rate in the country. 1 Summary of Findings Figures 1 and 2 and Tables 1 and 2 distill these results: • • • Since 2006, the national state imprisonment rate has dropped by 7 percent. 28 states reduced their prison populations. Of those, every state but one (South Dakota) also saw crime drop. In fact, many states with the most dramatic crime drops also shrank their incarcerated populations. Large states, such as California (27 percent), New York (18 percent), and Texas (15 percent) experienced some of the most significant reductions in incarceration while also experiencing crime drops of over 15 percent each. Southern states in particular, such as Mississippi (10 percent) and South Carolina (18 percent) have made significant strides in cutting prison populations. Figure 1: Change in State Imprisonment Rates (2006-2014) Source: U.S. Bureau of Justice Statistics. 6 2 Figure 2: Change in Imprisonment Rates by State (2006-2014) California Hawaii New Jersey Alaska Colorado New York South Carolina Connecticut Texas Michigan Nevada Maryland Rhode Island Delaware Mississippi Vermont Wisconsin Georgia Washington Virginia Iowa Louisiana Montana Massachusetts Utah Wyoming North Carolina South Dakota New Mexico Kansas Maine Florida Idaho North Dakota Oregon Missouri Kentucky Ohio Tennessee Oklahoma New Hampshire Illinois Alabama Indiana Arizona Minnesota Pennsylvania West Virginia Nebraska Arkansas -30% -20% -10% 0% 10% Source: U.S. Bureau of Justice Statistics and U.S. Census Bureau. 7 3 20% 30% Table 1: Prison Population & Rates per 100,000 Residents by State (2006-2014) State Massachusetts Maine Rhode Island Minnesota North Dakota New Hampshire Utah Vermont New Jersey Washington Hawaii New York Iowa Nebraska Kansas Connecticut New Mexico Maryland California North Carolina Montana West Virginia Wisconsin Alaska Illinois Oregon Colorado Pennsylvania Wyoming South Dakota South Carolina Nevada Michigan Tennessee Delaware Indiana Ohio Virginia Kentucky Idaho Florida Georgia Missouri Texas Arizona Mississippi Arkansas Alabama Oklahoma Louisiana 2006 Rate 146 152 203 177 214 209 245 264 317 274 343 325 298 239 320 394 327 398 483 363 377 316 406 460 355 372 473 353 412 425 527 509 512 423 492 413 428 480 462 486 513 566 514 694 542 663 487 599 668 858 2014 Rate Change in Rate 141 153 178 195 217 220 239 241 242 256 258 265 283 284 322 326 329 347 351 360 361 372 372 374 375 379 385 394 408 423 431 437 438 439 443 444 444 451 475 492 517 520 527 588 597 597 601 634 703 818 -3% 1% -12% 10% 1% 5% -2% -9% -24% -7% -25% -18% -5% 19% 1% -17% 1% -13% -27% -1% -4% 18% -8% -19% 6% 2% -19% 12% -1% 0% -18% -14% -14% 4% -10% 8% 4% -6% 3% 1% 1% -8% 3% -15% 10% -10% 23% 6% 5% -5% 2006 Prisoners 9,472 1,997 2,149 9,108 1,363 2,737 6,340 1,634 27,371 17,483 4,373 62,974 8,838 4,204 8,816 13,746 6,361 22,316 173,942 32,219 3,563 5,719 22,618 3,116 45,106 13,667 22,481 43,998 2,114 3,350 22,861 12,691 51,577 25,745 4,195 26,055 49,166 36,688 19,514 7,124 92,874 52,781 30,146 162,193 33,557 19,219 13,713 27,526 23,889 36,376 2014 Prisoners 9,486 2,030 1,880 10,637 1,603 2,915 7,024 1,508 21,590 18,052 3,663 52,399 8,798 5,347 9,365 11,735 6,860 20,733 136,088 35,769 3,699 6,881 21,404 2,754 48,278 15,060 20,646 50,423 2,383 3,605 20,830 12,415 43,359 28,769 4,141 29,261 51,519 37,544 20,969 8,039 102,870 52,485 31,938 158,589 40,175 17,876 17,819 30,766 27,261 38,022 Change in # of Prisoners 14 33 -269 1,529 240 178 684 -126 -5,781 569 -710 -10,575 -40 1,143 549 -2,011 499 -1,583 -37,854 3,550 136 1,162 -1,214 -362 3,172 1,393 -1,835 6,425 269 255 -2,031 -276 -8,218 3,024 -54 3,206 2,353 856 1455 915 9,996 -296 1,792 -3,604 6,618 -1,343 4,106 3,240 3,372 1,646 Source: U.S. Bureau of Justice Statistics and U.S. Census Bureau. (Chart sorted by 2014 imprisonment rate.)8 4 Table 2: Crime Rate per 100,000 Residents by State (2006-2014) State Vermont Maine New Hampshire Wyoming Utah Virginia Idaho Kentucky Rhode Island Minnesota Oregon Connecticut North Dakota Hawaii Nebraska Iowa Ohio Mississippi New Jersey Washington Colorado Wisconsin Montana South Dakota West Virginia Pennsylvania Kansas North Carolina Indiana Illinois Georgia Arizona New York Massachusetts Oklahoma Texas Michigan California Alabama Missouri Maryland Arkansas Delaware South Carolina Louisiana Florida New Mexico Alaska Tennessee Nevada Violent Crime Rate (2006) 117.3 90.2 113.3 224.5 191.4 259.8 208.3 238.9 203.4 278.6 251.7 279.9 159.5 253.2 261.3 256.5 319.9 276.1 336.4 305.7 350.0 263.9 340.5 205.4 259.0 413.3 386.4 447.0 292.9 509.8 454.8 502.8 418.8 473.0 458.7 481.4 511.4 508.1 389.4 515.7 657.7 505.6 652.2 728.7 684.2 680.6 599.8 611.6 726.1 705.1 Violent Crime Rate (2014) 81.7 91.3 151.3 165.7 166.2 168.5 174.9 179.0 185.0 192.5 195.6 215.2 216.6 227.9 234.5 237.2 241.4 243.1 246.9 247.0 252.3 261.2 270.8 271.5 274.7 284.2 300.0 305.2 332.2 337.7 347.1 349.7 354.3 359.0 360.2 363.6 364.0 366.4 386.1 403.7 419.0 420.7 447.8 454.9 485.2 497.4 526.7 531.1 569.8 587.8 Percent Change -30% 1% 34% -26% -13% -35% -16% -25% -9% -31% -22% -23% 36% -10% -10% -8% -25% -12% -27% -19% -28% -1% -20% 32% 6% -31% -22% -32% 13% -34% -24% -30% -15% -24% -21% -24% -29% -28% -1% -22% -36% -17% -31% -38% -29% -27% -12% -13% -22% -17% Crime Rate (2006) Source: F.B.I. Uniform Crime Reports. (Chart sorted by 2014 violent crime.) 9 5 2508.7 2637.0 2095.2 3211.0 3703.9 2749.1 2604.2 2840.6 2818.0 3361.1 3976.8 2866.0 2260.4 4473.1 3621.0 3080.1 4008.1 3466.4 2615.2 4815.8 3788.4 3084.9 3197.2 1971.8 2895.3 2861.6 4158.4 4563.2 3742.4 3529.5 4328.3 5277.0 2483.3 2864.4 4083.2 4564.5 3736.5 3689.9 4330.4 4349.7 4138.7 4491.1 4128.5 5003.2 4765.0 4666.9 4488.1 4189.7 4863.7 4805.9 Crime Rate (2014) 1606.1 2077.8 2114.0 2130.4 3044.7 2098.8 2029.7 2425.9 2358.6 2490.0 3074.7 2135.6 2326.9 3277.9 2758.0 2330.9 3040.5 3164.3 1981.0 3953.1 2782.5 2349.6 2743.7 2135.3 2309.4 2215.9 3035.2 3178.2 2981.6 2413.6 3628.3 3547.2 2072.5 2216.1 3350.9 3383.0 2407.9 2807.5 3563.7 3310.2 2926.5 3758.7 3429.8 3915.2 3944.0 3912.9 4069.0 3291.2 3630.3 3213.2 Percent Change -36% -21% 1% -34% -18% -24% -22% -15% -16% -26% -23% -25% 3% -27% -24% -24% -24% -9% -24% -18% -27% -24% -14% 8% -20% -23% -27% -30% -20% -32% -16% -33% -17% -23% -18% -26% -36% -24% -18% -24% -29% -16% -17% -22% -17% -16% -9% -21% -25% -33% State Snapshots Figure 3 shows examples of states that lowered both imprisonment and crime: • • • States that lowered both crime and imprisonment rates were politically and geographically diverse. They include states in the Northeast (N.Y., N.J.), West (Calif., Colo.), and South (S.C., Texas). South Carolina saw a 38 percent drop in violent crime, the largest in the nation. It also saw a substantial 18 percent drop in its prison population, as shown in Table 1. In 2010, South Carolina enacted new laws to eliminate some mandatory minimum sentences, change lowerlevel property crimes from felonies to misdemeanors, and improve their parole and probation release process. 10 These changes saved the state $18 million over four years, while crime fell by 22 percent in the same time span. 11 New Jersey has also been a leader on criminal justice reform. Not only has the state lowered incarceration and crime by 24 percent each, but it also recently passed a bill enacting bail reform. 12 New Jersey safely downsized its prison population by enhancing the administrative efficiency of its parole process and increasing flexibility in the sentencing of low-level drug offenders. 13 Some states increased imprisonment. Figure 4 provides examples: • • • • 22 states increased their prison population, and saw crime drop by an average of 20 percent. Two states separated by many miles, North Dakota and New Hampshire, increased imprisonment and saw increases in overall crime. These two states also had the largest increases in violent crime. Arkansas had the largest imprisonment rate increase in the nation, ballooning by over 20 percent to almost 18,000 prisoners. Its crime rate fell, but at a much slower pace than most of the rest of the nation (40 states). Pennsylvania’s imprisonment rate grew by 13 percent until 2011. After 2011, it decreased by 2 percent, likely because of legislation passed in 2012 that mandated alternatives to incarceration for some misdemeanors and increased supervision and resources to those leaving prison. 14 6 Figure 3: States that Lowered Imprisonment and Crime (2006-2014) 500 0 3000 200 Crime Rate Incarceration Rate 100 0 Crime Rate 6000 3000 300 2500 150 1000 500 350 200 1500 100 Crime Rate 50 Incarceration Rate South Carolina 1500 500 4000 4000 400 3000 300 0 100 New York 250 200 150 Crime Rate Incarceration Rate Texas 50 800 700 600 500 400 2000 300 Crime Rate Incarceration Rate 0 Source: U.S. Bureau of Justice Statistics, F.B.I. Uniform Crime Reports, and U.S. Census Bureau. 15 7 100 0 3000 1000 0 350 300 0 5000 Crime Rate Incarceration Rate 0 1000 5000 1000 100 Incarceration Rate 1500 500 0 200 Crime Rate 2000 600 2000 200 0 250 2000 2000 500 Crime Rate Crime Rate 2500 300 2500 1000 0 New Jersey 3000 Imprisonment Rate 1500 400 Imprisonment Rate 300 500 200 100 0 Imprisonment Rate 2000 Colorado 3500 Crime Rate 400 2500 1000 500 4000 Imprisonment Rate Crime Rate 3000 4500 Crime Rate 3500 600 Imprisonment Rate California Imprisonment Rate 4000 Figure 4: States that Increased Imprisonment (2006-2014) 2500 500 400 2000 300 Crime Rate 200 Incarceration Rate 100 0 North Dakota 2500 150 1500 1000 500 0 100 Crime Rate 50 150 1500 100 1000 500 Crime Rate 0 Pennsylvania 350 300 2000 250 1500 200 150 1000 0 0 Crime Rate Incarceration Rate Source: U.S. Bureau of Justice Statistics, F.B.I. Uniform Crime Reports, and U.S. Census Bureau. 16 8 450 400 2500 500 Incarceration Rate 50 Incarceration Rate 3000 200 2000 2000 3500 250 250 200 0 Crime Rate 3000 0 New Hampshire Incarceratoin Rate 600 3000 1000 Crime Rate 3000 Imprisonment Rate Crime Rate 4000 700 100 50 0 Imprisonment Rate Arkansas Incarceratioin Rate Crime Rate 5000 Current Imprisonment Rates Figure 5 maps the most recent imprisonment rates in states: • • • • Imprisonment rates remain high throughout the country. Even states with moderate imprisonment rates for the United States (between 350-500 per 100,000 people) are high compared to other western democracies. 17 An increase in imprisonment does not always correlate to a decrease in crime, or vice versa. For example, Maine held imprisonment constant, but still has the second lowest imprisonment rate in the nation. On the other hand, Lousiana reduced its use of imprisonment by five percent, but still has the dubious distintion of having the highest imprisonment rate in the country. (See Table 1 for additional details.) Generally, the Northeast is home to the country’s lowest imprisonment rates, while the South has the highest. There are of course outliers. For example, New Mexico has a low imprisonment rate and is wedged between Texas and Arizona, which have very high incarceration rates. 9 Figure 5: Imprisonment Rate by State (2014) Source: U.S. Bureau of Justice Statistics and U.S. Census Bureau. 18 10 Conclusion The United States is taking slow measures to reduce its prison population, without sacrificing the public safety gains of the last decades. However, as is always the case, the story varies from state to state. Some states have made marked progess to cut their prison populations, while others continue to overrely on incarceration. 11 ENDNOTES 1 ROY WALMSLEY, INSTITUTE FOR CRIMINAL POLICY RESEARCH, WORLD PRISON BRIEF (2016), available at http://www.prisonstudies.org/sites/default/files/resources/downloads/world_prison_population_list_11th_edition.pd f 2 See NICOLE FORTIER AND INIMAI CHETTIAR, SUCCESS-ORIENTED FUNDING: REFORMING FEDERAL CRIMINAL JUSTICE GRANTS, 3 (2014), available at https://www.brennancenter.org/publication/success-oriented-funding-reformingfederal-criminal-justice-grants. 3 BUREAU OF JUSTICE STATISTICS, RECIDIVISM OF PRISONERS RELEASED IN 30 STATES IN 2005: PATTERNS FROM 2005 TO 2010, 14, (2014), available at http://www.bjs.gov/content/pub/pdf/rprts05p0510.pdf. 4 Incarceration rates are equal to the number of prisoners in each state sentenced to at least one year in prison divided by the number of residents (in hundreds of thousands). Six states (AL, CT, DE, HI, RI, and VT) do not distinguish between jail and prison inmates in their reports of correctional populations. To adjust, imprisonment rates reflect only those who were sentenced to prison for a year or more. 5 See U.S. CENSUS BUREAU, POPULATION ESTIMATES, HISTORICAL DATA: 2000S (2013), available at https://www.census.gov/popest/data/historical/2000s/index.html; See U.S. CENSUS BUREAU, POPULATION ESTIMATES, STATE TOTALS: VINTAGE 2014 (2015), available at https://www.census.gov/popest/data/state/totals/2014/ (showing 2014 population data); BUREAU OF JUSTICE STATISTICS, CORRECTIONS STATISTICAL ANALYSIS TOOL (CSAT) – PRISONERS, available at http://www.bjs.gov/index.cfm?ty=nps. 6 See note 2. 7 See note 2. 8 See note 2. 9 FED. BUREAU OF INVESTIGATION, UNIFORM CRIME REPORTING STATISTICS, STATE-BY-STATE AND NATIONAL CRIME ESTIMATES BY YEAR(S), http://www.ucrdatatool.gov/Search/Crime/State/StatebyState.cfm (providing state-by-state data through 2012); FED. BUREAU OF INVESTIGATION, UNIFORM CRIME REPORTING STATISTICS, CRIME IN THE UNITED STATES 2013 (2014), available at https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-theu.s.-2013; FED. BUREAU OF INVESTIGATION, UNIFORM CRIME REPORTING STATISTICS, CRIME IN THE UNITED STATES 2014 (2015), available at https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/crime-in-the-u.s.-2014. Crime rates do not include rape figures because the definition is changed between 2006 and 2014. 10See PEW CTR. ON THE STATES, ISSUE BRIEF: SOUTH CAROLINA’S PUBLIC SAFETY REFORM: LEGISLATION ENACTS RESEARCH-BASED STRATEGIES TO CUT PRISON GROWTH AND COSTS (2010), available at http://www.pewtrusts.org/~/media/legacy/uploadedfiles/wwwpewtrustsorg/reports/sentencing_and_corrections/psp psouthcarolinabriefpdf.pdf 11 BUREAU OF JUSTICE ASSISTANCE, JUSTICE REINVESTMENT INITIATIVE: SOUTH CAROLINA (2015), https://www.bja.gov/programs/justicereinvestment/south_carolina.html. 12 DRUG POLICY ALLIANCE, WINNING BAIL REFORM IN NEW JERSEY, http://www.drugpolicy.org/aboutus/departments-and-state-offices/new-jersey/new-solutions-campaign/bail-reform/winning-bail-re. 13 Drug Law Changes, N.Y. State Div. of Crim. Justice Servs., http://www.criminaljustice.ny.gov/drug-law-reform/. 14 See JUSTICE CENTER THE COUNCIL ON STATE GOVERNMENTS, JUSTICE REINVESTMENT IN PENNSYLVANIA: A COMPREHENSIVE PUBLIC SAFETY PLAN FOR THE COMMONWEALTH 2-3 (2012), available at https://csgjusticecenter.org/wp-content/uploads/2013/01/JR_PA_Policy_Framework.pdf. 15 See notes 2, 8. 16 See notes 2, 8. 17 See note 1. 18 See note 2. 12