Prisons & Drug Offenders

(prisons & drug offenders - people of color in state prison for drug offenses) "The number of people in state prisons for drug offenses has increased 550 percent over the last 20 years. A recent JPI report found that the amount spent on “cops and courts” – not rates of drug use -- is correlated to admissions to prison for drug offenses. Counties that spend more on law enforcement and the judiciary admit more people to prison for drug offenses than counties that spend less. And increases in federal funding through the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Program have promoted increases in resources dedicated to drug enforcement. As crime continues to fall in many communities, law enforcement will have more time to focus on aggressive policing of drug offenses; this can be expected to lead to even higher drug imprisonment rates and crowded jails and prisons. According to FBI reports, 83 percent of drug arrests are for possession of illegal drugs alone.¹⁶ And regardless of crime in a particular uurisdiction, police often target the same neighborhoods to make drug arrests, which can increase the disproportionate incarceration of people of color."

(prisons & drug offenders - statement by former Drug Czar Gen. Barry R. McCaffrey) "We must have law enforcement authorities address the issue because if we do not, prevention, education, and treatment messages will not work very well. But having said that, I also believe that we have created an American gulag."

Prisons & Drug Offenders - Federal and State - Data

(2010 - prisons & drug offenders - drug use on probation) "In 2010, an estimated 5.4 million adults aged 18 or older were on probation at some time during the past year. About 30 percent (29.9 percent) were current illicit drug users, with 23.0 percent reporting current use of marijuana and 10.5 percent reporting current nonmedical use of psychotherapeutic drugs. These rates are higher than those reported by adults not on probation during the past year (8.3 percent for illicit drug use, 6.4 percent for marijuana use, and 2.5 percent for nonmedical use of psychotherapeutic drugs)."

(2010 - prisons & drug offenders - drug use on parole) "In 2010, an estimated 1.5 million adults aged 18 or older were on parole or other supervised release from prison at some time during the past year. More than one quarter of these (27.0 percent) were current illicit drug users, with 20.6 percent reporting current use of marijuana and 9.8 percent reporting current nonmedical use of psychotherapeutic drugs. These rates are higher than those reported by adults not on parole or supervised release during the past year (8.7 percent for illicit drug use, 6.7 percent for marijuana use, and 2.7 percent for nonmedical use of psychotherapeutic drugs)."

(2005 - prisons & drug offenders - federal & state - drug offense population) "The United States leads the world in the number of people incarcerated in federal and state correctional facilities. There are currently more than 2 million people in American prisons or jails. Approximately one-quarter of those people held in U.S. prisons or jails have been convicted of a drug offense. The United States incarcerates more people for drug offenses than any other country. With an estimated 6.8 million Americans struggling with drug abuse or dependence, the growth of the prison population continues to be driven largely by incarceration for drug offenses."

(2004 - prisons & drug offenders - federal & state - sentenced crime obtaining drugs) "17% of State and 18% of Federal prisoners committed their crime to obtain money for drugs."

(2004 - prisons & drug offenders - state and federal marijuana prisoners) The number of people serving time in federal and state prisons for marijuana offenses must be computed:

Total Federal Prisoners 2004 = 170,535
Total State Prisoners 2004 = 1,244,311

Percent of federal prisoners held for drug law violations = 55%
Percent of state prisoners held for drug law violations = 21%

Marijuana/hashish, Percent of federal drug offenders, 2004 = 12.4%
Marijuana/hashish, Percent of state drug offenders, 2004 = 12.7%

Do the math: (Total prisoners x percent drug law) x percent marijuana = "marijuana prisoners"

The Results:

Federal marijuana prisoners, 2004 = 11,630
State marijuana prisoners, 2004 = 33,186
Total federal and state marijuana prisoners in 2004 = 44,816

In 2004, "Marijuana prisoners" equaled about 12.6% of those incarcerated for drug law violations and about 3.2% of total state and federal prisoners. Compared to 1997, the number of "marijuana prisoners" in 2004 had increased by about +15%.

These numbers exclude those among the 700,000+ inmates who may be in local jail because of a marijuana conviction.

(2004 - prisons & drug offenders - federal & state - parents in prison) "Among male state prisoners, violent (47%) and property (48%) offenders were less likely to report having children than public-order (60%) and drug (59%) offenders (table 6). For women held in state prison, violent (57%) offenders were less likely than drug (63%), property (65%), and public-order (65%) offenders to be a mother.

"The prevalence of being a parent differed by gender and offense for inmates held in state and federal prisons. For state inmates, female (65%) property offenders were more likely to be a parent than male (48%) property offenders. In federal prison, male (69%) drug offenders were more likely than female (55%) drug offenders to report having children.

"Among men held in federal prison, drug offenders (69%) were more likely than property (54%) and violent (50%) offenders to report having children (appendix table 5). Public-order offenders (62%) were also more likely than violent offenders to report having children. For women in federal prison, the likelihood of being a mother did not differ by offense."

(2004 - prisons & drug offenders - federal & state - drug dependent violent offenders) "Violent offenders (47%) were the only offender group in State prisons with less than half meeting the DSM-IV criteria for drug dependence or abuse. Property and drug offenders (63% of each) were the most likely to be drug dependent or abusing.

"Drug offenders (52%) were the only group of Federal inmates with at least half meeting the drug dependence or abuse criteria. Property offenders (27%) reported the lowest percentage of drug dependence or abuse."

(2004 - prisons & drug offenders - federal & state - parents in prison) "Mothers in state prison (58%) were more likely than fathers (49%) to report having a family member who had also been incarcerated (table 11). Parents in state prison most commonly reported a brother (34%), followed by a father (19%). Among mothers in state prison, 13% reported a sister and 8% reported a spouse. Six percent of fathers reported having a sister who had also been incarcerated; 2%, a spouse.

"While growing up, 40% of parents in state prison reported living in a household that received public assistance, 14% reported living in a foster home, agency, or institution at some time during their youth, and 43% reported living with both parents most of the time (appendix table 11). Mothers (17%) held in state prison were more likely than fathers (14%) to report living in a foster home, agency, or institution at some time during their youth. Parents in federal prison reported lower percentages of growing up in a household that received public assistance (31%) or living in a foster home, agency, or institution (7%). These characteristics varied little by gender for parents held in federal prison.

"More than a third (34%) of parents in state prison reported that during their youth, their parents or guardians had abused alcohol or drugs. Mothers in state prison (43%) were more likely than fathers (33%) to have had this experience. Fewer parents (27%) in federal prison reported having a parent or a guardian who had abused alcohol or drugs."

(1995-2003 - prisons & drug offenders - federal & state - growth in offenders incarcerated for drug offenses) "While the number of offenders in each major offense category increased [from 1995 to 2003], the number incarcerated for a drug offense accounted for the largest percentage of the total growth (49%), followed by public-order offenders (38%)."

(1997 - prisons & drugs - federal & state marijuana prisoners) he number of people serving time in federal and state prisons for marijuana offenses must be computed:

Total Federal Prisoners 1997 = 89,072
Total State Prisoners 1997 = 1,059,607

Percent of federal prisoners held for drug law violations, 1997 = 60%
Percent of state prisoners held for drug law violations, 1997 = 21%

Marijuana/hashish, Percent of federal drug offenders, 1997 = 18.9%
Marijuana/hashish, Percent of state drug offenders, 1997 = 12.9%

Do the math: (Total prisoners x percent drug law) x percent marijuana = "marijuana prisoners"

The Results:

Federal marijuana prisoners, 1997 = 10,101
State marijuana prisoners, 1997 = 28,705
Total federal and state marijuana prisoners in 1997 = 38,806

In 1997, "Marijuana prisoners" equaled about 14% of those incarcerated for drug law violations and about 3.4% of total state and federal prisoners. These numbers exclude those among the 700,000+ inmates who may be in local jail because of a marijuana conviction.

Prisons & Drug Offenders - Federal - Data

(2011 - prisons & drug offenders - inmates in federal prison for drug offenses) "Of the inmates residing in federal prisons as of September 2011, and for whom offense data are known, more than half (101,929 or 50.4%) were serving sentences for federal drug offenses—including simple possession.⁴⁹ And of the 24,366 federal drug offenders known to have been sentenced for drug related offenses, 6,336 were sentenced for marijuana-related offenses and 4,309 were sentenced for methamphetamine-related offenses in 2010.⁵⁰"

(2011 - prisons & drug offenders - federal - prison overcrowding) "The number of inmates held in BOP [Bureau of Prisons] facilities grew from 125,560 in FY200051 to 180,725 as of September 2011. From FY2000–FY2010, prison crowding grew from 32% over rated capacity to 37% over rated capacity, despite the fact that the number of facilities operated by BOP increased from 97 to 116. The growing federal prison population has not only resulted in more crowded prisons, but it has also strained BOP’s ability to properly manage and care for federal inmates."

(2009, 2004, 2001 - prisons & drug offenders - federal - costs of substance abuse in prison) "Substance-involved people have come to compose a large portion of the prison population. Substance use may play a role in the commission of certain crimes: approximately 16 percent of people in state prison and 18 percent of people in federal prison reported committing their crimes to obtain money for drugs.²¹ Treatment delivered in the community is one of the most cost-effective ways to prevent such crimes and costs approximately $20,000 less than incarceration per person per year.²² A study by the Washington State Institute for Public Policy found that every dollar spent on drug treatment in the community yields over $18 in cost savings related to crime.²³ In comparison, prisons only yield $.37 in public safety benefit per dollar spent. Releasing people to supervision and making treatment accessible is an effective way of reducing problematic drug use, reducing crime associated with drug use and reducing the number of people in prison."

(2007 - prisons & drug offenders - federal - prisoners by offense) Federal prisons were estimated to hold 179,204 sentenced inmates in 2007. Of these, 15,647 were incarcerated for violent offenses, including 2,915 for homicide, 8,966 for robbery, and 3,939 for other violent crimes. In addition, 10,345 inmates were serving time for property crimes, including 504 for burglary, 7,834 for fraud, and 2,006 for other property offenses. A total of 95,446 were incarcerated for drug offenses. Also, 56,237 were incarcerated for public-order offenses, including 19,528 for immigration offenses and 24,435 for weapons offenses.

(2004 - prisons & drug offenders - sentence of federal drug offenders) According to the Justice Department, 5.3% of drug offenders in federal prisons are serving time for possession; 91.4% are serving time for trafficking offenses; and 3.3% are in for "other."

Prisons & Drug Offenders - State and Local - Data

(2009 - prisons & drug offenders - state - prisoners sentenced for drug offenses by race) Of the estimated 242,200 prisoners under state jurisdiction sentenced for drug offenses in 2009, 73,700 were white (30.4%), 122,300 were black (50.5%), and 41,300 were Hispanic (17.1%).

(2006 - prisons & drug offenders - state - treatment as part of a drug sentence) "In 2006 an estimated 38% of persons sentenced for a felony in state courts were ordered to pay a fine as part of their sentence (table 1.5). Approximately 1 in 4 property offenders was ordered to make restitution and 23% of offenders convicted of drug possession were sentenced to treatment."

(2006 - prisons & drug offenders - state - prisoners sentenced for drug offenses by race) Of the estimated 265,800 prisoners under state jurisdiction sentenced for drug offenses in 2006, 72,100 were white (27.1%), 117,600 were black (44.2%), and 55,700 were Hispanic (21%).

(2006 - prisons & drug offenders - drug felony convictions in state court) "State courts sentenced an estimated 1,132,290 persons for a felony in 2006, including 206,140 (or 18% of all felony convictions) for a violent felony (table 1.1). A drug crime was the most serious conviction offense for about a third of felons sentenced in state courts that year."

(2006 - prisons & drug offenders - state - increasing prison costs and overcrowding) "The increases in drug imprisonment, the decrease in releases from prison, and the re-incarceration for technical parole violations are leading to significant overcrowding and contribute to the growing costs of prisons. Prisons are stretched beyond capacity, creating dangerous and unconstitutional conditions which often result in costly lawsuits. In 2006, 40 out of 50 states were at 90 percent capacity or more, with 23 of those states operating at over 100 percent capacity."

(2004 - prisons & drug offenders - drug offenses of state inmates) According to the US Justice Department, 27.9% of drug offenders in state prisons are serving time for possession; 69.4% are serving time for trafficking offenses; and 2.7% are in for "other."

(2005 - prisons & drug offenders - state - drug treatment and reduced incarceration rates) "Increased admissions to drug treatment are associated with reduced incarceration rates. States with a higher drug treatment admission rate than the national average send, on average, 100 fewer people to prison per 100,000 in the population than states that have lower than average drug treatment admissions. Of the 20 states that admit the most people to treatment per 100,000, 19 had incarceration rates below the national average. Of the 20 states that admitted the fewest people to treatment per 100,000, eight had incarceration rates above the national average."

(2004 - prisons & drug offenders - state - drug use by violent offenders) "Violent offenders in State prison (50%) were less likely than drug (72%) and property (64%) offenders to have used drugs in the month prior to their offense."

(2004 - race and sex of state prisoners) "Offense distributions differed between sentenced male and female State prisoners. More than half of males (53%) were sentenced for violent offenses, compared to 34% of females. Among State prisoners, sentenced females were more likely than sentenced males to be sentenced for property (31% vs. 20%) and drug offenses (29% vs. 19%).

"There were also differences in offense distributions at yearend 2004 by race and Hispanic origin. A majority of black (53%) and Hispanic (54%) prisoners were sentenced for violent offenses, compared to about half (50%) of white prisoners. Blacks and Hispanics were more likely than whites to be sentenced for drug offenses (23% of blacks, 21% of Hispanics, and 15% of whites). Whites were more likely (26%) than blacks (18%) or Hispanics (18%) to be sentenced for property offenses."

(2002 - drug offenses of local jail inmates) According to a federal survey of jail inmates, of the total 440,670 jail inmates in the US in 2002, 112,447 (25.5%) were drug offenders: 48,823 (11.1%) for possession and 56,574 (12.8%) for trafficking.

(2002 - alcohol use by prisoners in local jails) According to a federal survey of jail inmates, in 2002, of the 96,359 violent offenders in jail, 37.6% used alcohol at the time of their offense, 21.8% used drugs, and 47.2% used alcohol or drugs; of the 112,895 property offenders in jail that year, 28.5% used alcohol at the time of their offense, 32.5% used drugs, and 46.8% used alcohol or drugs; of the 112,447 drug offenders in jail that year, 22.4% used alcohol at the time of their offense, 43.2% used drugs, and 51.7% used drugs or alcohol at the time of their offense.

Prisons & Drug Offenders - Research

(prisons & drug offenders - research - incarceration ineffective in drug crimes) "The potency of incarceration is further diminished by three other forces, researchers have found. The first, sometimes referred to as the “replacement effect,” applies largely to crimes that occur as part of a market, such as fencing stolen property or, most notably, drug transactions. Once incarcerated, drug dealers tend to be quickly replaced by new dealers and, as during the crack epidemic, the new recruits can be younger and more prone to violence than their predecessors.⁵⁷ Thus while drug dealers no doubt deserve punishment, most leading researchers, and many law enforcement officials, now agree that incarcerating the foot soldiers in drug gangs, not to mention drug users, has a negligible impact on crime.⁵⁸ Moreover, by creating job openings in drug-dealing organizations, it draws more people into criminal lifestyles and may in certain cases exacerbate crime.⁵⁹"

(prisons & drug offenders - research - drug free policies and growing underclass) "But while drug-free schools remain a fantasy, their policies are contributing to an uneducated underclass that just gets larger, more despairing, and more entrenched. This underclass now includes five million young adults between sixteen and twenty-four who are both out of school and out of work, with few skills and fewer prospects. It includes most ex-prisoners, half of whom lack a high school education, and most of whom are jobless one year after release. And it includes Black Americans and other racial minorities who have never remotely attained the standard of well-being common throughout the developed world."

Prisons & Drug Offenders - Tables

(1980, 1990, 2000 and 2007-2009 - persons under control of the U.S. criminal justice system for "drugs") The table below estimates the number of persons under control of the U.S. criminal justice system with a conviction for "drugs" as their most serious offense. It shows that in 2009, there were almost 1.7 million people who were on probation or parole or were incarcerated in state or federal prison for "drug" offenses. During the 20 years since 1990, the number of "drug" offenders grew in these four categories as a total by +78.9%. However, since that year, the number of prisoners housed in federal prisons for "drugs" exploded from 30,470 to almost 100,000, a rate of +212.5%. In 1980, there were only 4,900 prisoners housed in federal facilities for "drugs." A conviction of "drugs" as the most serious offense had about one quarter of all probationers, parolees and prisoners under the control of the U.S. criminal justice system in 2009.

^{• All of the above numbers represent estimates, not exact counts. The source reports from the Bureau of Justice Statistics for various years have been periodically revised. The methodologies used to collect these data may also be modified over time, rendering the percent change values approximations.}

^{• † The conviction of "drugs" means that possession or sales of an illegal drug was the person's most serious offense, even if he or she were convicted of multiple offenses.}

^{• This analysis omits counts for "drug" offenders in local jails, even though these facilities housed an estimated 767,434 inmates in 2009. The Bureau of Justice Statistics, from which the above numbers were drawn, consistently fails to report the offenses that predicate incarceration in these facilities.}

^{• The above numbers concerning probation and parole have been computed from the percentages that describe the "characteristics of adults" on probation or parole.}

^{• * "% Share all of total persons" computes the percentage share of the sum of all probationers, parolees and state and federal prisoners represented by those whose most serious offense involved a drug conviction.}

(1990, 2000, 2008, 2009 & 2010 - prisons & jails - federal - prisoners by most serious offense) During the eleven years of 2000-2010, the number of federal prisoners grew by almost +45%; since 1990, they have more than tripled.

At almost +104%, the fastest growing category of federal inmates belonged to "public order," which represents those incarcerated for immigration and weapons violations. The number of federal "drug" inmates in 2010 expanded by almost one third over those in 2000, but remained at the same approximate 50% of total federal inmates as in 1990.

^{• Violent = homicide, robbery, murder, and manslaughter (negligent and non-negligent).
• Property = burglary, fraud, etc.
• Public Order = immigration, weapons, etc.}

(2006 - prisons & jails - length of sentence by offense) The table below shows the average sentence (mean and median) imposed on Federal prisoners for various offenses in 2006. "Among offenders convicted of a felony and sentenced to prison, the mean sentence was 49 months and the median was 24 months."

~ = Not applicable

(2000 - prisons & jails - federal prison sentence length by offense) The table below shows the average sentence (mean and median) imposed on Federal prisoners for various offenses in 2000. "Prison sentences imposed increased slightly from 55.1 months during 1988 to 56.8 months during 2000. For drug offenses, prison sentences increased from 71.3 months to 75.6 months; for weapon offenses, sentences imposed increased from 52.3 months to 92.2 months."