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Policy Brief

Can We Wait 75 Years to Cut the Prison Population in Half?

Expediting the end of mass incarceration will require accelerating the end of the Drug War and scaling back sentences for serious crimes.

Related to: Sentencing Reform, Incarceration, Drug Policy

Overview

The U.S. prison population grew by more than 600% between 1973 and 2009—from 200,000 people to 1.6 million. Tough-on-crime policies expanded the number of imprisoned people even while crime rates plunged to 40% below their levels in the 1990s.1 In recent years, policymakers and criminal justice professionals have implemented reforms to correct the punitive excesses of the past. By yearend 2016 the number of people held in U.S. prisons had declined by 6% since a 2009 peak, and crime rates have continued to decline.2

But the overall impact of reforms has been quite modest. With 1.5 million people in prison in 2016, the prison population remains larger than the total population of 11 states.3 If states and the federal government maintain their recent pace of decarceration, it will take 75 years—until 2093—to cut the U.S. prison population by 50%. Expediting the end of mass incarceration will require accelerating the end of the Drug War and scaling back sentences for serious crimes.

U.S. Prison Population Trends: 1999-2016

Incarceration trends vary significantly among the states, as detailed in Table 1 and Figure 2. By 2016, 42 states had at least modestly downsized their prison populations from their peak levels. Six states lead the nation in reducing their prison populations by 25% or more:

  • New Jersey (37% decline since 1999)
  • Alaska (33% decline since 2006)
  • New York (31% decline since 1999)
  • Vermont (29% decline since 2009)
  • Connecticut (28% decline since 2007)
  • California (25% decline since 2006, though some have been redirected to local jails)

Some Southern states, which have exceptionally high rates of incarceration, have also achieved double-digit percentage reductions in their prison populations since reaching their peak levels. These include:

  • Mississippi (14% decline since 2008)
  • South Carolina (13% decline since 2009)
  • Alabama (12% decline since 2012)
  • Louisiana (11% decline since 2012)

The federal prison population declined 13% between 2011 and 2016, twice the nationwide rate of decarceration. The number of people in federal prisons continued to decline in 2017, despite the “law and order” rhetoric of President Trump and Attorney General Sessions.4

These reductions are the result of a mix of changes in policy and practice designed to reduce admissions to prison and lengths of stay. Moreover, the states with the most substantial reductions in their prison populations have often outpaced the nationwide crime drop.

But overall, the pace of decarceration has been very modest in most states. In 20 states the prison population reduction is less than 5%. Texas and Florida, which rank first and third highest among states in the size of their prison populations, have reduced their prison populations by just 4% since reaching their peak levels.5 Eight states had not achieved any prison population reductions by 2016, even though most are experiencing crime rates that are far below their peak levels. Among these states, the largest 5-year increases in prison populations since 2011 have occurred in Kentucky, with a 10% increase, and in South Dakota and Nevada, each with an 8% increase.

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1.

Between 1991 and 2009, the violent crime rate fell by 43% and the property crime rate fell by 41%. Source: FBI Uniform Crime Reports.

2.

In 2016, 1.3 million people were serving sentences in state prisons and 172,000 were doing so in federal prisons. As the prison population declined between 2009 and 2016, the violent crime rate declined by 11% and the property crime rate declined by 19%. Source: FBI Uniform Crime Reports.

3.

This figure excludes the population held in local jails, which totaled 740,000 in 2016.

4.

The federal prison population further downsized in 2017, reaching 184,000 at yearend. The Department of Justice has forecast an average daily population of over 192,000 people in federal prisons in fiscal year 2019.

5.

While Texas has only modestly reduced its prison population, the state’s imprisonment rate—which is the number of prisoners per 100,000 residents—has declined by 26% between 1999 and 2016, largely due to substantial growth in the overall state population. Source: Bureau of Justice Statistics Prisoners Series.

Between 1991 and 2009, the violent crime rate fell by 43% and the property crime rate fell by 41%. Source: FBI Uniform Crime Reports.
In 2016, 1.3 million people were serving sentences in state prisons and 172,000 were doing so in federal prisons. As the prison population declined between 2009 and 2016, the violent crime rate declined by 11% and the property crime rate declined by 19%. Source: FBI Uniform Crime Reports.
This figure excludes the population held in local jails, which totaled 740,000 in 2016.
The federal prison population further downsized in 2017, reaching 184,000 at yearend. The Department of Justice has forecast an average daily population of over 192,000 people in federal prisons in fiscal year 2019.
While Texas has only modestly reduced its prison population, the state’s imprisonment rate—which is the number of prisoners per 100,000 residents—has declined by 26% between 1999 and 2016, largely due to substantial growth in the overall state population. Source: Bureau of Justice Statistics Prisoners Series.

About the Author

  • Nazgol Ghandnoosh, Ph.D.

    Director of Research

    Nazgol Ghandnoosh, Ph.D., conducts and synthesizes research on criminal justice policies. She has written about racial disparities in the justice system, public opinion about punishment, and the scope of reform efforts. 

    Read more about Nazgol

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