U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Felony Sentences in State Courts, 2000 -------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/fssc00.htm This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#fssc --------------------------------------------------------------- By Matthew R. Durose and Patrick A. Langan, Ph.D. BJS Statisticians June 2003, NCJ 198821 Highlights * In 2000 State courts convicted an estimated 924,700 adults of a felony. Federal courts convicted 59,123, bringing the combined U.S. total to 983,823. State courts accounted for 94% of the national total. * Drug offenders were 34.6% of felons convicted in State courts in 2000. Property offenders made up 28.3%; violent offenders, 18.7%; and those convicted of weapon offenses and other nonviolent crimes made up the rest (18.4%). * State courts sentenced 40% of convicted felons to a State prison, 28% to a local jail, and 32% to straight probation with no jail or prison time to serve. * The average State court sentence to local jail was 6 months. The average probation sentence was 3 years and 2 months. A fine was imposed on 25% of convicted felons, restitution on 14%, community service on 5%, and treatment was ordered for 7%. * The average sentence length to State prison has decreased since 1992 (62 years versus 42 years), but felons sentenced in 2000 were likely to serve more of that sentence before release (38% versus 55%). * Guilty pleas accounted for 95% of felony convictions in State courts in 2000. Trial convictions accounted for the remaining 5%. * Nationally, of the felons convicted in State courts in 2000, 54% were white, 44% were black, and 2% were other races. The median age of felons convicted in State courts in 2000 was 30. * Females accounted for an increasing portion of felons convicted in State courts. In 1992, females were 13% of convicted felons; in 2000, 17%. * The median time from arrest to State court sentencing in 2000 was about 5 months. An estimated 86% of convicted felons were sentenced within 1 year of arrest. In 2000 State courts convicted almost 925,000 adults of a felony. Forty percent of convicted felons were sentenced to a State prison, and 28% were sentenced to a local jail (usually for a year or less). The remaining 32% were sentenced to probation. These findings come from a survey conducted every 2 years and is the Nation's sole source of statistical information on the sentences felons receive in State courts nationwide. National Judicial Reporting Program The "National Judicial Reporting Program" (NJRP) compiles detailed information on the sentences and characteristics of convicted felons. Previous national surveys of felony sentencing in State courts have been conducted every 2 years since 1986. ***Note: See Felony Sentences in State Courts, 1986, NCJ 115210, February 1989; Felony Sentences in State Courts, 1988, NCJ 126923, December 1990; Felony Sentences in State Courts, 1990, NCJ 140186, March 1993; Felony Sentences in State Courts, 1992, NCJ 151167, January 1995; Felony Sentences in State Courts, 1994, NCJ 163391, January 1997; Felony Sentences in State Courts, 1996, NCJ 173939, May 1999; Felony Sentences in State Courts, 1998, NCJ 190103, October 2001.*** The 2000 survey was based on a sample of 344 counties (out of the Nation's approximately 3,100 counties) selected to be nationally representative. The 344 included the District of Columbia and at least 1 county from every State except, by chance, Delaware, Montana, and Wyoming. The 2000 survey excluded Federal courts and those State or local courts that did not adjudicate adult felony cases. According to the BJS Federal Justice Statistics Program, Federal courts convicted 59,123 persons of a felony in 2000. *** Note:By comparison, the State court in 1 county, Los Angeles, accounted for about 41,000 felony convictions in 2000. *** That number represents 6% of the combined State and Federal total number of felony convictions during 2000. The 2000 survey included only offenses that State penal codes defined as felonies. Felonies are widely defined as crimes with the potential of being punished by more than 1 year in prison. Felony conviction offenses An estimated 924,700 persons were convicted of a felony in State courts in 2000, including 173,200 (or 18.7% of the total) for a violent felony; 262,000 (28.3%) for property offenses of burglary, larceny, fraud, and forgery; 319,700 (34.6%) for drug offenses; and 28,200 (3.1%) for weapon offenses (table 1). The remaining 141,600 (15.3%) consisted of persons convicted of nonviolent offenses such as receiving stolen property and escaping custody. Marijuana trafficking convictions were 2.7% of the conviction total, and marijuana possession convictions were 3.7% of the total. Sentences for felonies In 2000, 68% of all convicted felons were sentenced to a period of confinement -- 40% to State prisons and 28% to local jails. Jail sentences are for short-term confinement (usually for a year or less) in a county or city facility, while prison sentences are for long-term confinement (usually for over a year) in a State facility. An estimated 32% of all convicted felons were sentenced to probation with no jail or prison time to serve. Sentence length An offender convicted of multiple offenses receives a sentence for each offense. If multiple prison sentences are imposed, the court then decides whether the convicted felon will serve the sentences concurrently (at the same time) or consecutively (one after another). For persons with consecutive sentences, the total time is the sum of the sentence lengths, and for persons with concurrent sentences, the total time is the same as the longest sentence. For persons convicted of a single offense, the total time refers simply to the sentence for that offense. Whenever an offender received a prison sentence range, such as 5 to 10 years, the total time refers to the maximum. For the Nation in 2000, the mean felony sentence to incarceration (prison or jail) was 3 years; the median was 1 year and 4 months. State prison sentences In 2000 the mean length of sentences to State prison was almost 4 years and 7 months; the median term was 3 years. The mean prison sentence for murder and nonnegligent manslaughter was nearly 20 years and 8 months; the median was 24 years and 3 months. Life sentences are rare among convicted felons, whether measured as a percentage of all sentences (0.4%) or as a percentage just of prison sentences (1%). However, among the 8,600 persons convicted of murder or nonnegligent manslaughter, 23.3% were sentenced to life in prison. ***Box: Felony convictions and sentences in State courts relative to the number of arrests, 2000 The number of State felony convictions in 2000 was compared to the number of crimes reported to police and the number of arrests made for these crimes in 2000. Comparisons are limited to crimes likely to be felonies. These aggregate numbers should not be interpreted as tracking individual cases through the criminal justice system. Nevertheless, the comparisons illustrate the approximate odds of conviction and a prison sentence, given an arrest for a felony. For example, the FBI reports that in 2000 almost 12,000 adults were arrested for murder (including nonnegligent manslaughter). That year, 8,600 persons were convicted of murder, and 7,998 murderers received a prison sentence. For every 100 persons arrested for murder in 2000, 72 were convicted and 67 were sentenced to prison for that offense. Corresponding findings for drug traffickers were 78 convictions and 32 prison sentences for every 100 arrests.*** In 2000 about 2% of the 8,600 persons convicted of murder or nonnegligent manslaughter were sentenced to death. Not all 8,600 were subject to the death penalty. Twelve States did not authorize the death penalty in 2000. In the 38 States that did, only certain types of murder were capital offenses. In summary, of the 8,600 persons convicted of murder or nonnegligent manslaughter in 2000, about 23% received a life sentence, 2% were sentenced to the death penalty, and the remaining 75% received a probation or an incarceration sentence expressed in days, months, or years. Jail and probation sentences Among felons who received a sentence to local jail in 2000, the mean sentence was just over 6 months, and the median was 5 months. Probation sentences had a mean length of about 3 years and 2 months and a median of 3 years. Estimated State prison time to be served The amount of time felons actually serve in prison is typically some fraction of the total sentence received. Two primary reasons explain the difference between sentences received and time served: In States that impose indeterminate sentences, a judge specifies the minimum and/or maximum sentence length, but a parole board decides when the prisoner will actually be released. In 2000 about a quarter of prison releases were determined by a parole board decision. In most but not all States, prisoners gain early release through time credits that they receive automatically or that are granted to them for good behavior or special achievements -- provisions that are intended to help correctional officials manage institutional populations. For both types of sentence reduction, released offenders usually serve the remaining portion of their sentences under supervision in the community. To calculate time to be served by felons sentenced in 2000, the fraction of their sentence they might reasonably be expected to serve was obtained from records of inmates released from prison in a recent year. Life sentences and death sentences were excluded because it is not possible to specify the percentage served. The percentage of the sentence that released inmates had served was applied to felons sentenced to prison in 2000. Based on data collected by BJS in its "National Corrections Reporting Program," inmates released from prisons in 2000 had served an average of 55% of their total sentence in prison. The percentage of sentence served ranged from 67% for those convicted of weapon offenses to a low of 49% for those convicted of a drug offense. Applying these percentages to State prison sentences received in 2000, it is estimated that felons sentenced in 2000 would serve about 22 years, or 55% of their average 42 year prison sentence. Since life sentences and death are rare for most types of crimes, this method gives reasonably sound estimates of time to be served for most offenses (assuming, among other things, that prison release policies applicable to persons sentenced in 2000 are not markedly different from those governing recent releases). However, life sentences and death are not rare for murder, though they are rare for nonnegligent manslaughter. Consequently, time to be served shown for "murder and nonnegligent manslaughter" perhaps substantially underestimates the amount of time all persons convicted of these offenses are likely to serve since the time only applies to persons not receiving a life or death sentence. Convicted felon populations: Sex, race, and age In 2000 men comprised 48% of adults (age 18 or older) in the U.S. population but 83% of persons convicted of a felony and 90% of persons convicted of a violent felony. Whites were 79% of the adult U.S. population but 54% of persons convicted of a felony and 53% of the persons convicted of a violent felony. Corresponding figures for blacks were 12% of the adult U.S. population but 44% of convicted felons and 44% of felons convicted of a violent crime. The other races (American Indians, Alaska Natives, Asians, and Pacific Islanders) represented 9% of the U.S. population but 2% of convicted felons and 3% of those convicted of a violent crime. Persons in their twenties represented about 18% of the adult U.S. population but 39% of convicted felons. The mean age of felons was 32 years; the median was 30. Number of felony conviction offenses At time of sentencing, almost three-quarters of felons sentenced in 2000 were sentenced for a single felony offense. An estimated 16% were sentenced for two felony offenses, and the remaining 10% were sentenced for three or more. The number of offenses totaled about 1.3 million felony conviction offenses for which 924,700 felons were convicted and sentenced in 2000. ***Note: The 1.3 million figure pertains to current, not past, convictions.*** The greater the number of felony conviction offenses, the more severe was the sentence. The likelihood of a State prison sentence rose from 38% for those convicted of one felony to 44% for two felonies and 50% for three or more. The mean sentence to State prison also increased from about 4 years for those convicted of one felony to 5 years and 9 months for those convicted of two or more. Method of conviction Of the estimated 924,700 convicted felons, the vast majority -- about 879,200, representing 95% of those sentenced for a felony in 2000 -- pleaded guilty. The rest were found guilty either by a jury or by a judge in a bench trial. Persons convicted of murder were the least likely to have pleaded guilty (58%) and the most likely to have been convicted by a jury (38%). In 2000 violent crime accounted for most jury trials. Of all jury trial felony convictions in 2000, 52% (15,300 cases) were for violent crime; 48% (14,000 cases) were for nonviolent crime. Juries convicted 3,200 persons of murder in 2000, and 4,700 of aggravated assault. Murderers convicted by a jury were the most likely to have received a life sentence (43%) or the death penalty (4%). Most of these murders were not subject to the death penalty. Juries accounted for an estimated 61% of life and death sentences for murder or nonnegligent manslaughter in 2000. *** Note: Juries seldom impose a sentence. With rare exception, sentencing in a jury trial is the responsibility of the judge. *** ****Box: Case processing time The median time from arrest to State court sentencing in 2000 was about 5 months. In 2000, 9% of all convicted felons in State courts were sentenced within the first 30 days following their arrest, and 58% of felons were sentenced within 6 months. An estimated 86% of convicted felons were sentenced within 1 year of arrest. On average, murder cases took the most time to process in 2000. Half of all felons convicted of murder in State courts were sentenced more than a year after their arrest.**** Additional penalties Besides being sentenced to incarceration or probation, 39% or more of convicted felons also were ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or comply with some other additional penalty (for example, undergo house arrest or appear periodically for drug testing). A fine was imposed on at least 25% of convicted felons. Estimates of the percentages of felons receiving other penalties are 14% restitution, 7% some form of treatment, and 5% community service. Trends in the United States: 1992 to 2000 Number of convictions increasing State courts convicted an estimated 924,700 adults of a felony in 2000. That total is about 3% greater than the number convicted in 1992. Increasing likelihood of arrest leading to conviction The likelihood of a felony arrest leading to a felony conviction is approximated by dividing the number of adult felony convictions in a year by the number of adult felony arrests that year. In 2000, for example, robbery convictions totaled 36,800, and robbery arrests totaled 79,279, indicating about a 46% likelihood of conviction for robbery. Since 1992 the likelihood of an arrest leading to a conviction has generally risen. Guilty pleas In 1992 guilty pleas accounted for 92% of all felony convictions, and trials accounted for the remaining 8%. Corresponding figures for 2000 were 95% guilty pleas and 5% trials. Aging of convicted felons The average age of the American population is rising, a trend reflected in the changing average age of convicted felons. In 1992, persons age 30 or older comprised 76% of adults (age 18 and older) in the U.S. population and accounted for 45% of persons convicted; in 2000, persons age 30 or older comprised 78% of adults in the U.S. population and accounted for 53% of persons convicted. The median age of convicted felons was 28 years in 1992 but 30 years in 2000. Changing racial composition of convicted felons Blacks, American Indians, Alaska Natives, Asians, and Pacific Islanders comprise a growing fraction of the U.S. population but a decreasing percentage of convicted felons. In 1992, the races other than whites were 14% of persons age 18 or older and 48% of persons convicted of a felony. In 2000 those same racial groups accounted for 21% of U.S. adults and 46% of those convicted. Prison sentences less likely The percentage of felons receiving a State prison sentence in 1992 was 44%. In 2000 the percentage receiving prison sentences dropped to 40%. The drop in prison sentences was accompanied by an increase in the percentage receiving jail and probation. Of all felony offenses, drug trafficking had one of the largest decreases in the percentage sentenced to prison between 1992 and 2000 (from 48% in 1992 to 41% in 2000). Shorter imposed prison sentences and a growing fraction of sentence served before release Prior to being discharged, inmates released from State prison in 1992 had served, on average, a third of the sentence imposed on them by the court. In 2000 inmates were released after serving approximately half of their court-imposed sentence. While prisoners are serving a growing percentage of their court-imposed sentence, the average court-imposed sentence has been decreasing. In 1992 the typical felon received a 62 year sentence and (assuming a person sentenced in 1992 will serve the same fraction of his/her sentence as was typical among persons released in 1992) would serve 38% of that sentence before release, or 22 years. By contrast, in 2000 the typical felon received a 42 year sentence but (assuming a person sentenced in 2000 will serve the same fraction of his/her sentence as was typical among persons released in 2000) would serve 55% of that sentence before release, or 22 years. Methodology Sampling The 2000 NJRP sample consisted of 429,471 persons convicted of a felony in State courts in 344 counties selected to be nationally representative. Of these convicted felons, 272,889 cases were in the 75 largest counties. Additional details on the sampling are in the BJS publication Felony Sentences in State Courts, 1996 (NCJ 173939). Sampling error NJRP data were obtained from a sample and not from a complete enumeration; consequently, they are subject to sampling error. A standard error, which is a measure of sampling error, is associated with each number in the report. In general, if the difference between two numbers is at least twice the standard error of that difference (the criterion used in this report), there is at least 95% confidence that the two numbers do in fact differ; that is, the apparent difference is not simply the result of surveying a sample rather than the entire population. National estimates of the number of convictions for individual crime categories and for the aggregate total had a coefficient of variation of 3.6%. Standard errors for each table in the report are available on the Internet: . Standard errors did not take into account missing data, which are sometimes substantial for certain tables. Sources of data State courts were the source of NJRP data for about 61% of the 344 counties sampled. For other counties, sources included statistical agencies, sentencing commissions, department of public safety, probation departments, state police departments, and department of corrections. Individual-level NJRP records were obtained either electronically (83% of the counties) or through manual data collection (17%). Electronic methods of data submission included diskettes, magnetic tape, and Internet transmission. Manual methods included photocopies of official documents, survey questionnaires completed by court officials, and on-site collections by Census Bureau staff. All data were collected by the U.S. Census Bureau. Targeted population The survey targeted and recorded initial sentences imposed in 2000. If a sentence was imposed on one date and then modified at a later date, the revision was ignored. The survey recorded sentences that were actually executed. If a prison sentence was initially imposed but immediately suspended in its entirety, the case was coded as probation because that was the actual sentence. Because the year of conviction was not a defining characteristic, some cases in the sample were of persons convicted before 2000 but not sentenced until 2000. In 2 counties sampled from Florida, 10 counties from Minnesota, 21 from Pennsylvania, and 1 from Virginia it was impractical to target sentences in 2000. Cases sampled from these counties were all sentenced in 1999. The 2000 conviction data that were submitted by four Illinois counties -- McHenry, Rock Island, St. Clair, and Sangamon -- were very different from prior years' NJRP data files as well as other court data sources. Consequently, the conviction data submitted by these counties for the 1998 NJRP survey were used in place of the 2000 data. In 2000 Missouri was unable to provide data for seven counties in the sample (Andrew, Boone, Franklin, Jasper, Madison, Oregon, and St. Charles). These counties were replaced with seven others in the same respective strata (Lawrence and Bath Counties, Kentucky; Lafourche Parish, Louisiana; Cole County, Missouri; Lancaster County, Virginia; and Mercer and Northumberland Counties, Pennsylvania). The second stage weights for two sampled counties from Florida -- St. Lucie and Hillsborough -- were adjusted to account for less than a full year of reporting. Crime definitions Crime definitions are in the BJS publication Felony Sentences in State Courts, 1996 (NCJ 173939). ***Box: The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is director. BJS Bulletins present the first release of findings from permanent data collection programs. This Bulletin was written by Matthew R. Durose and Patrick A. Langan of BJS. Mark Motivans of BJS assisted with tabulating the Federal data. Erica Schmitt and Maureen Henneberg assisted with verification. Tina Dorsey edited the report; Jayne Robinson prepared it for final printing. Sample design and selection was performed by Terri L. Carter under the supervision of Carma R. Hogue of the Economic Statistical Methods and Programming Division of the U.S. Census Bureau. Data collection and processing was performed by Victoria Campbell, Martha Greene, Neil MacLean, Patti Mattson-Hannigan, and Patricia Torreyson under the supervision of Latrice Brogsdale-Davis of the Governments Division of the U.S. Census Bureau. June 2003, NCJ 198821 *** End of file 6/18/03 th