Professional Documents
Culture Documents
2016
By Peter Wagner and Bernadette Rabuy
March 14, 2016
Press release
Wait, does the United States have 1.4 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
countrys disparate systems of confinement. The American criminal
justice system holds more than 2.3 million people in 1,719 state prisons, 102
federal prisons, 942 juvenile correctional facilities, 3,283 local jails, and 79
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 convicted and not convicted people
are locked up in local jails.
correctional facilities and the far larger universe of people whose lives are
affected by the criminal justice system. Every year, 636,000 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 (195,000) have been convicted, generally serving
misdemeanors sentences under a year.
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
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 forstatus 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 19,000 people are in federal
prison for criminal convictions of violating federal immigration laws. A
separate 33,000 are civilly detained by U.S. Immigration and Customs
Enforcement (ICE) separate from any criminal proceedings and are physically
confined in special 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 cash bail, and then lock them up when
they cant 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?
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 820,000
people on parole (a type of conditional release from prison) and a staggering
3.8 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 sometimes 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
Acknowledgments
This 2016 report was made possible by a generous grant from the Public
Welfare Foundation and the contributions of individuals across the country
who support justice reform. The infographic slideshows and the graph of
correctional control were made possible by Gabe Isman of our Young
Professionals Network. Bob Machuga and J. Andrew World helped with
design issues, and Alison Walsh helped us gather research. Melissa Sickmund
at the National Center for Juvenile Justice and Todd Minton at the Bureau of
Justice Statistics expanded our knowledge of agencies datasets; and Alex
Friedmann, Neelum Arya and Drew Kukorowski provided invaluable feedback
on earlier drafts of this report. Any errors or omissions, and final
responsibility for all of the many value judgements required to produce a data
visualization like this, however, are the sole responsibility of the authors.
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Prisons of Poverty:
well-documented, there is much less information on the role that poverty and
opportunity play in who ends up behind bars in the first place.
Using an underutilized data set from the Bureau of Justice Statistics, this
report provides hard numbers on the low incomes of incarcerated men and
women from before they were locked up.
Findings
The findings are as predictable as they are disturbing. The American prison
system is bursting at the seams with people who have been shut out of the
economy and who had neither a quality education nor access to good jobs. We
found that, in 2014 dollars, incarcerated people had a median annual income
of $19,185 prior to their incarceration, which is 41% less than nonincarcerated people of similar ages.
The gap in income is not solely the product of the well-documented
disproportionate incarceration of Blacks and Hispanics, who generally earn
less than Whites. We found that incarcerated people in all gender, race, and
ethnicity groups earned substantially less prior to their incarceration than
their non-incarcerated counterparts of similar ages:
Figure 1. Median annual incomes for incarcerated people prior to incarceration and
non-incarcerated people ages 27-42, in 2014 dollars, by race/ethnicity and gender.
Incarcerated people
(prior to incarceration)
Non-incarcerated people
Men
Women
Men
Women
All
$19,650
$13,890
$41,250
$23,745
Black
$17,625
$12,735
$31,245
$24,255
Hispanic
$19,740
$11,820
$30,000
$15,000
White
$21,975
$15,480
$47,505
$26,130
Figure 2. Percentage difference between the median annual incomes for incarcerated
people prior to incarceration and non-incarcerated people ages 27-42, in 2014 dollars,
Men
Women
All
52%
42%
Black
44%
47%
Hispani
c
34%
21%
White
54%
41%
While the gap in income is most dramatic for White men, White men have the
highest incomes. By contrast, the income gap is smallest for Hispanic women,
but Hispanic women have the lowest incomes.
Not only are the median incomes of incarcerated people prior to incarceration
lower than non-incarcerated people, but incarcerated people are dramatically
concentrated at the lowest ends of the national income distribution:
Figure 3. Incarcerated men are concentrated at the lowest ends of the national income distribution. The
median incarcerated man had a pre-incarceration income that is 48% that of the median non-incarcerated
man.
Figure 4. Incarcerated women are concentrated at the lowest ends of the national income distribution.
The median incarcerated woman had a pre-incarceration income that is 58% that of the median nonincarcerated woman.
Conclusion
Our society has, in the name of being tough on crime, made a series of policy
choices that have fueled a cycle of poverty and incarceration. We send large
numbers of people with low levels of education and low skills to prison, and
then when they leave just as penniless as they were when they went in, we
expect them to bear the burden of legally-acceptable employment
discrimination.
Acknowledging, as this report makes possible, that the people in prison were,
before they went to prison, some of the poorest people in this country makes it
even more important that we make policy choices that can break the cycle of
poverty and incarceration.
Methodology
Background
This is not the first report to address the incomes of incarcerated people. The
Bureau of Justice Statistics (BJS) collects this data periodically (most recently
in 2004 with another survey scheduled for 20152016) but does not routinely
Note that throughout this report, the incomes for incarcerated people are the
incomes incarcerated people reported earning before their arrest, not the
incomes they earned through prison labor. For incarcerated people and nonincarcerated people, incomes include welfare and other public assistance. For
incarcerated people, incomes also include illegal sources of income.
We use "Non-incarcerated" to refer to people in households, and thereby
exclude people in group quarters, including people in correctional facilities,
psychiatric hospitals, college/university housing, or residential treatment
facilities.
Our data on "Blacks" and "Whites," relies on data for Non-Hispanic Blacks
and Non-Hispanic Whites. The federal government defines Black and White as
races while Hispanic is defined as an ethnicity (and, therefore, it is possible to
identify as both Hispanic and White or Hispanic and Black). Our data for both
incarcerated people and non-incarcerated people allowed us to avoid overlap
by separately talking about Non-Hispanic Whites, Non-Hispanic Blacks, and
Hispanics.
Recommended reading and other data sources
Visionary research by sociologists Bruce Western and Becky Pettit has also
relied on this same 2004 BJS state prison data set in order to provide a more
realistic picture of the plight of young black men in the U.S. Western and
Pettit have also utilized data from the other BJS surveys of inmates (Survey of
Inmates of Local Jails or Survey of Inmates of Federal Correctional Facilities)
and the National Longitudinal Survey of Youth to fill the gap in data left by
government sources such as the Census Bureau's Current Population Survey
(CPS). The Current Population Survey is the large monthly labor force survey
conducted by the Census Bureau, but, because it only considers households,
the CPS excludes incarcerated people.
Over the years, Western and Pettit have produced groundbreaking books and
articles that were useful starting points for this report, including:
Bruce Western, Punishment and Inequality in America (New York:
Russell Sage Foundation, 2006)
Becky Pettit, Invisible Men: Mass Incarceration and the Myth of Black
Progress (New York: Russell Sage Foundation, 2012)
Bruce Western and Becky Pettit, "Incarceration & social
inequality"Ddalus (Summer 2010)
The Economic Mobility Project and the Public Safety Performance
Project,Collateral Costs: Incarceration's Effect on Economic
Mobility(Washington, D.C.: The Pew Charitable Trusts, 2010).
Appendix
The 2004 BJS survey asked incarcerated people what their personal monthly
income was the month before their arrest. The data in this appendix is
presented in monthly incomes and has not been adjusted for inflation.
The following tables and graphs allow for comparisons between the incomes of
incarcerated people prior to incarceration and the incomes of nonincarcerated people for each of the income categories that BJS provides
respondents in its Survey of Inmates in State Correctional Facilities. The
graphs also show that incarcerated people are dramatically concentrated at the
lower ends of the national income distribution.
Figure 5. Median monthly incomes for incarcerated people prior to incarceration and
non-incarcerated people ages 27-42, in 2004 dollars, by race/ethnicity and gender.
Incarcerated people
(prior to incarceration)
Non-incarcerated people
Men
Women
Men
Women
All
$1,310
$926
$2,750
$1,583
Black
$1,175
$849
$2,083
$1,617
Hispanic
$1,316
$788
$2,000
$1,000
White
$1,465
$1,032
$3,167
$1,742
Visionary research by sociologists Bruce Western and Becky Pettit has also
relied on this same 2004 BJS state prison data set in order to provide a more
realistic picture of the plight of young black men in the U.S. Western and
Pettit have also utilized data from the other BJS surveys of inmates (Survey of
Inmates of Local Jails or Survey of Inmates of Federal Correctional Facilities)
and the National Longitudinal Survey of Youth to fill the gap in data left by
government sources such as the Census Bureau's Current Population Survey
(CPS). The Current Population Survey is the large monthly labor force survey
conducted by the Census Bureau, but, because it only considers households,
the CPS excludes incarcerated people.
Over the years, Western and Pettit have produced groundbreaking books and
articles that were useful starting points for this report, including:
Bruce Western, Punishment and Inequality in America (New York:
Russell Sage Foundation, 2006)
Becky Pettit, Invisible Men: Mass Incarceration and the Myth of Black
Progress (New York: Russell Sage Foundation, 2012)
Appendix
The 2004 BJS survey asked incarcerated people what their personal monthly
income was the month before their arrest. The data in this appendix is
presented in monthly incomes and has not been adjusted for inflation.
The following tables and graphs allow for comparisons between the incomes of
incarcerated people prior to incarceration and the incomes of nonincarcerated people for each of the income categories that BJS provides
respondents in its Survey of Inmates in State Correctional Facilities. The
graphs also show that incarcerated people are dramatically concentrated at the
lower ends of the national income distribution.
Figure 5. Median monthly incomes for incarcerated people prior to incarceration and
non-incarcerated people ages 27-42, in 2004 dollars, by race/ethnicity and gender.
Incarcerated people
(prior to incarceration)
Non-incarcerated people
Men
Women
Men
Women
All
$1,310
$926
$2,750
$1,583
Black
$1,175
$849
$2,083
$1,617
Hispanic
$1,316
$788
$2,000
$1,000
White
$1,465
$1,032
$3,167
$1,742
Figure 6. Distribution of monthly incomes for incarcerated men prior to incarceration and nonincarcerated men in 2004 dollars, ages 27-42
Figure 7. Proportion of incarcerated men (prior to incarceration) and nonincarcerated men that fall within an income category.
Proportion of incarcerated
Income catego
men with that income
ry
(prior to incarceration)
$0
1.82%
3.10%
$1-199
3.25%
1.84%
$200-399
7.66%
1.68%
$400-599
8.03%
2.87%
$600-799
7.05%
2.30%
$800-999
8.44%
2.71%
$1,000-1,199
9.39%
3.61%
$1,200-1,499
11.90%
5.07%
$1,500-1,999
10.21%
9.56%
$2,000-2,499
10.63%
10.10%
$2,500-4,999
10.64%
37.11%
$5,000-7,499
4.15%
12.41%
$7,500+
6.84%
7.64%
(prior to incarceration)
that income
$0
4.45%
15.42%
$1-199
5.62%
5.04%
$200-399
9.77%
3.86%
$400-599
14.76%
4.94%
$600-799
9.77%
3.82%
$800-999
8.87%
4.22%
$1,000-1,199
9.85%
4.99%
$1,200-1,499
8.56%
5.60%
$1,500-1,999
7.86%
9.93%
$2,000-2,499
5.41%
9.26%
$2,500-4,999
7.13%
25.47%
$5,000-7,499
3.66%
5.21%
$7,500+
4.30%
2.24%
Footnotes
1. Learn more about the Survey of Inmates in State Correctional
Facilities.
2. While the typical non-incarcerated person has at least a high school
diploma, the typical incarcerated person does not. Using the same
Bureau of Justice Statistics and Census Bureau data sets, we found that
the median education of an incarcerated person ages 2742 is 11 years
completed, and the education gap is getting worse. In her
book, Invisible Men, Becky Pettit finds that while the overall educational
attainment of Americans has grown since 1980, the fraction of the
incarcerated with less than a high school diploma grew over this same
period. See Becky Pettit, Invisible Men: Mass Incarceration and the