This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available on BJS website at: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5218 This reports is one in series. More recent editions may be available. To view a list of all reports in the series go to http://www.bjs.gov/index.cfm?ty=pbse&sid=62 ------------------------------------------------------ ******************* Bulletin ******************* Federal Justice Statistics, 2011-2012 Mark Motivans, Ph.D., BJS Statistician During fiscal year 2012, the number of suspects arrested for a federal offense declined to 172,248 after reaching a record 181,726 suspects in 2009. From 1994 to 2012, the number of suspects arrested by federal law enforcement more than doubled, from 80,450 in 1994 to 172,248 in 2012 (figure 1). In recent years, federal law enforcement activity has slowed along with the later stages of cases processing in U.S. district court (persons charged, convicted, and sentenced to prison). From 2010 to 2012, arrests decreased at an annual average rate of 1.9%.*** Footnote 11The reporting period used throughout this report is the fiscal year, which is from October 1 to September 30. All percent changes referenced in this report are calculated using the average of the annual change between years.*** At yearend 2012, about 414,000 offenders were under some form of federal correctional control: 47% were confined by the Federal Bureau of Prisons (BOP), 15% were confined in pretrial detention, 32% were on post-conviction supervision in the community, and 6% were under pretrial supervision in the community (table 1). ************************************************************** ************* HIGHLIGHTS ************* * At yearend 2012, 414,065 persons were under some form of federal correctional control—62% were in confinement and 38% were under supervision in the community (table 1). * Fifteen percent of federal prisoners released in 2010 were returned to federal prison within 3 years. Over half (54%) were returned for supervision violations (table 15). * In 2012, five federal judicial districts along the U.S.-Mexico border accounted for 60% of federal arrests, 53% of suspects investigated, and 41% of offenders sentenced to prison. * In 2012, 3,171 suspects were arrested for a sex offense. Defendants convicted of a felony sex offense were the most likely (97%) to receive a prison sentence following conviction (table 13). * During 2012, 172,248 suspects were booked by the U.S. Marshals Service, a 2% decline from 179,034 booked in 2010 (table 2). * Most (60%) defendants in cases disposed in 2012 had a prior conviction. A third of those with a prior conviction were for a misdemeanor offense (table 9). * More than half (56%) of defendants charged in U.S. district court were of Hispanic origin (table 10). Hispanic offenders accounted for 32% of inmates in federal prison (table 14). * A third (34%) of defendants charged in U.S. district court were from Mexico, 5% were from countries in Central America, and 2% were from countries in the Caribbean (table 10). * At yearend 2012, 19% of offenders in federal prison were from Mexico, 3% were from countries in the Caribbean, and 2% were from countries in Central America (table 14). ************************************************************** ********* Summary ********** The number of federal arrests declined from 179,034 in 2010 to 172,248 in 2012. The decline in arrests was due to decreases across several offense types, including property (down 3,381), drug (down 2,786), and supervision violations (down 2,607). During this period, arrests for immigration offenses increased by 3,203. Illegal immigration (50%) was the most common arrest offense in 2012, followed by drug (15%) and supervision (13%) violations. From 2010 to 2012, arrests for regulatory offenses increased from 266 to 300 (average annual increase of 6%). Sex offense arrests increased at the next fastest rate (up 3% per year), followed by immigration offenses (up 2%). During this period, fraud offenses (down 10% per year) declined the most, followed by other property (down 6%) and supervision (down 5%) offenses. The five federal judicial districts along the U.S.-Mexico border (California Southern, Arizona, New Mexico, Texas Western, and Texas Southern) accounted for 60% of all federal arrests in 2012, up from 45% of all arrests in 2006 (map 1) (see Federal Justice Statistics, 2010, NCJ 239913, BJS web, December 2013). In 2012, these five districts also accounted for 53% of suspects investigated by U.S. attorneys, 54% of suspects detained prior to trial, 39% of defendants convicted, and 41% of offenders sentenced to federal prison. In 2012, about 9 in 10 defendants in cases adjudicated in U.S. district court were convicted. Ninety-one percent of felonies charged in U.S. district court were disposed by a guilty plea. Of defendants convicted, about 8 in 10 received a prison sentence. The median federal prison sentence imposed was 33 months. Between fiscal yearend 2011 and 2012, the number of persons under federal correctional control increased by 2,764 (up 0.7%). During this period, the number of federally sentenced persons in BOP confinement increased by 1,217 offenders and the number of persons under community supervision increased by 1,993. The number of persons on probation decreased from 22,866 in 2011 to 22,307 in 2012. This report describes defendants processed at each stage of the federal justice system—arrest and booking, investigation and prosecution, pretrial detention, adjudication and sentencing, corrections, and supervision in the community. Data are from the Federal Justice Statistics Program (FJSP). The FJSP collects, standardizes, and reports on administrative data received from six federal justice agencies: the U.S. Marshals Service, Drug Enforcement Administration, Administrative Office of the U.S. Courts, Executive Office for U.S. Attorneys, the BOP, and the U.S. Sentencing Commission. ******************** Arrest and booking ******************** The U.S. Marshal is the primary law enforcement officer for the U.S. Marshals Service, and each of the 94 federal judicial districts has one. Deputy U.S. Marshals oversee tasks involved in taking federal suspects charged with a crime into custody, including booking, processing and detention, court security, and prisoner transportation.***Footnote 2The unit of count for federal arrest data reported in this section is a suspect arrested and booked by the U.S. Marshals Service. The phrase “suspects arrested and booked by the U.S. Marshals Service” is used to describe arrests and bookings where each arrest and booking for an individual suspect occurring in the same year is counted separately.*** In 2012, the U.S. Marshals Service arrested and booked 172,248 suspects for a federal offense ************************************************** The number of suspects arrested and booked for violations of federal law decreased from 179,034 in 2010 to 172,248 in 2012—a decrease of 6,786 suspects (table 2). The number of suspects arrested and booked increased each year from 1994 to 2009, and declined each year from 2009 to 2012. Immigration offenses comprised half of federal suspects arrested and booked in 2012 ************************************************** In 2012, the U.S. Marshals Service arrested and booked 85,458 immigration suspects, up 3,203 from 2010 and up 2,252 from 2011. Immigration offenses made up 46% of suspects arrested and booked by the U.S. Marshals Service in 2010 and 50% in 2012. Drug offenses (15% or 25,929 suspects) were the second most common offense among suspects arrested and booked in 2012 as 25,929 drug suspects were arrested and booked. This was down from 29,954 drug suspects arrested and booked in 2011. Nearly 60% of federal suspects arrested and booked by the U.S. Marshals Service in 2012 were in five judicial districts along the U.S.-Mexico border ************************************************** In 2012, 102,557 suspects were arrested and booked by the U.S. Marshals in five U.S.-Mexico border districts (California Southern, Arizona, New Mexico, Texas Western, and Texas Southern), compared to 69,691 in the remaining 89 districts. The Southern District of Texas in 2012, and the district of Arizona both had 18%. From 2010 to 2012, the rate of suspects arrested and booked in U.S.-Mexico border districts increased by less than 1% annually. In comparison, the number of suspects arrested and booked in other border districts declined by 5% annually (from 77,816 in 2010 to 69,691 in 2012). Suspects arrested in the Western District of Texas increased at the fastest rate from 2010 to 2012 Suspects arrested and booked by the U.S. Marshals Service in the Western ************************************************** Suspects arrested and booked by the U.S. Marshals Service in the Western District of Texas increased by an annual average of 10.8% from 2010 to 2012 and had the third most federal arrests in the United States (after the Southern District of Texas and the District of Arizona). The number of suspects arrested in the Western District of Texas increased from 21,793 suspects in 2010 to 21,930 suspects in 2011, and then increased to 26,518 in 2012. The number of suspects arrested in Texas Southern increased by 1,500 during this period. On average, from 2010 to 2012, federal arrests decreased in the districts of New Mexico (down 9.6% annually), Arizona (down 5.3%), and California Southern (down 3.6%). From 2010 to 2012, regulatory offenses increased at the fastest rate ************************************************** Regulatory arrests increased by an average of 6.3% per year from 2010 (266 arrests) to 2012 (300), making it the fastest growing offense among suspects arrested and booked by the U.S. Marshals Service. Immigration arrests doubled from 1994 to 1998, doubled from 1998 to 2004, and doubled again from 2004 to 2008 (figure 2). From 2008 to 2012, the U.S. Marshals Service arrested and booked 413,700 immigration suspects. Ninety-one percent of immigration suspects over this period were arrested in five judicial districts along the U.S.-Mexico border (map 2). Sex offenses were the second fastest growing federal arrest offense from 2010 to 2012 ************************************************** The number of suspects arrested and booked for a sex offense (e.g., child pornography, sex abuse, and illegal sex transportation) doubled from 1994 to 1998. Suspects arrested for sex offenses doubled again from 1998 to 2004 (figure 3). Sex offenses increased by an annual average of 3%, from 3,034 arrests in 2010 to 3,171 arrests in 2012. Suspects arrested and booked for a sex offense were relatively dispersed by federal district of arrest. From 2008 to 2012, the U.S. Marshals Service arrested and booked 15,779 sex offense suspects. Twelve federal districts had more than 300 sex offense arrests from 2008 to 2012 (map 3). During this period, the Western District of Texas (484), Florida Middle (464), and California Central (425) had the most sex offense arrests, followed by the district of Arizona (392) and Missouri Eastern and Michigan Eastern (380 each). Drug offenses were the second most common offense among suspects arrested and booked by the U.S. Marshals Service in 2012 ************************************************** The U.S. Marshals Service arrested and booked 25,929 suspects for drug offenses in 2012. This represented a 4.5% average annual decrease from 2010. From 1994 to 2012, the number of drug arrests was highest in 2002 (33,056) then declined each year from 2002 to 2008 and increased in 2009. From 2010 to 2012, drug arrests declined to the lowest level since 1997 (figure 4). From 2008 to 2012, drug offenses (143,777) accounted for 16% of the total number (884,018) of arrests (not shown). In 10 districts, the percentage of drug arrests as a share of total arrests from 2008 to 2012 exceeded 35%. In two districts, Connecticut (44%) and Texas Eastern (43%), drug arrests made up more than 40% of total arrests during the same period. In 8 districts, drug arrests made up less than 15% of total arrests made during this period (map 4). DHS law enforcement agencies made more than half of federal arrests in 2012 ************************************************** Agencies of the Department of Homeland Security (DHS) accounted for 58% of suspects arrested in 2012 (table 3). DHS agencies include Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), the Secret Service, and others. Department of Justice (DOJ) agencies made 37% of suspects arrested and booked by the U.S. Marshals Service in 2012. DOJ agencies include the FBI; Drug Enforcement Administration (DEA); Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the U.S. Marshals Service; and others. Arrests made by DHS law enforcement agencies increased at the fastest rate from 2008 to 2012 ************************************************** Arrests by DHS agencies increased at an average annual rate of 2.0% from 2008 to 2012. Arrests made by ICE increased by an annual average of 22.1%, and those made by CBP declined by an annual average of 5.8%. Arrests by DOJ agencies decreased annually by about 0.8% from 2008 to 2012, with FBI arrests increasing by 3.3% and U.S. Marshals Service arrests decreasing by an average of 2.3%. The annual number of arrests made by ATF changed little between 2008 and 2012 ************************************************************** ****************************** Patterns in DEA drug arrests ****************************** In 2012, the DEA made 31,628 state and federal arrests ************************************************** The Drug Enforcement Administration (DEA) reported 31,628 drug arrests in 2012, down from 32,379 in 2011.***Footnote 3 The unit of count for the federal drug arrest data received from the DEA reported in this section is a suspect arrested by the DEA. The phrase “suspects arrested by the DEA” is used to describe arrests where each arrest for an individual suspect is counted separately. Individual suspects can be arrested and booked by the DEA more than once in a year. The DEA data do not distinguish between arrests that are referred for state versus federal prosecution.*** The number of drug arrests by the DEA increased over the 1990s to a peak of 46,435 arrests in 2000, followed by a decline to 29,238 in 2003. From 2003 to 2012, the number of DEA arrests increased annually by an average of 1% (figure 5). Marijuana arrests by the DEA increased at the fastest annual average rate from 2002 to 2012 (2.0%), followed by opiates (2.1%). The number of DEA arrests for marijuana coincided with the number of arrests for methamphetamine from 1998 until 2006. However, since 2006, the annual number of marijuana arrests has been greater. Arrests for crack cocaine (annual average decrease of 4.6%), powder cocaine (down 2.4%), and methamphetamine (down 0.9%) each declined from 2002 to 2012. Cocaine was the most common drug type involved in arrests by the DEA in 2012 ************************************************** Suspects arrested for offenses involving cocaine powder (7,485) and crack cocaine (2,575) accounted for 32% of all suspects arrested by the DEA in 2012 (table 4). Twenty-four percent of suspects were arrested for offenses involving cocaine powder and 8% were arrested for crack cocaine. The remaining suspects arrested by the DEA in 2012 were for marijuana (6,963), methamphetamine (6,087), opiates (3,664), and other or nondrug offenses (4,854). Marijuana was the second most common drug at arrest by the DEA from 2006 to 2012. In 2012, more than half (53%) of arrests made by the DEA involved marijuana that had been cultivated domestically compared to internationally (47%) (not shown). Hispanic suspects made up nearly half (45%) of suspects arrested by the DEA in 2012 ************************************************** In 2012, about half (45%) of suspects arrested by the DEA were of Hispanic or Latino origin, followed by white (28%) and black (24%) suspects. Hispanic suspects were involved in 3 in 5 (61%) arrests for cocaine powder, more than half (53%) of arrests for methamphetamine, and less than half (44%) of arrests for marijuana offenses. Seventy-seven percent of crack cocaine suspects were black, and 41% of methamphetamine suspects were white. White suspects composed the largest share (51%) of suspects arrested by the DEA for other or nondrug offenses. Most suspects arrested by the DEA in 2012 were male (83%) and age 34 or younger (56%) ************************************************** About a quarter of male suspects were arrested for cocaine powder (25%) or marijuana (23%), followed by methamphetamine (18%). Females accounted for 17% of all DEA drug arrests and 22% of all methamphetamine arrests. About a quarter (25%) of females arrested by the DEA for drug violations were arrested for methamphetamine, followed by other drug offenses (24%) and cocaine powder and marijuana offenses (each 17%). More than half of all suspects arrested by the DEA were age 34 or younger, and the median age was similar across all drug types. Five percent of arrests by the DEA were of suspects age 55 or older. In 2012, most females arrested by the DEA were white, while most males were Hispanic ************************************************** For both males and females, the proportion of Hispanic suspects arrested by the DEA dropped in the early 1990s and has increased since then. Among females arrested by the DEA in 2012, 44% were white, 35% were Hispanic, and 18% were black. Between 1994 and 2012, white females almost always had the greatest share of female DEA arrests. The percentage of black female arrests by the DEA increased from 24% in 1994 to 29% in 1995, and declined to 18% in 2012 (figure 6). In 2012, Hispanics accounted for 47% of male arrests made by the DEA. This represented a relatively consistent level in the Hispanic share of male arrests since 1994. Blacks made up 25% of arrests of males by the DEA in 2012, and whites composed 25% of male arrests (figure 7). ************************************************************** *************** Prosecution ************** The 93 U.S. attorneys serve as the chief federal law enforcement officers within their respective districts.*** Footnote 4 One U.S. attorney serves two districts (Guam and Northern Mariana Islands). This section of the report combines Northern Mariana Islands with Guam for statistical reporting.*** Investigations are most commonly referred to a U.S. attorney by a federal law enforcement agency. State and local law enforcement agencies are also sources of criminal referrals to U.S. attorney’s offices in their district. U.S. attorneys determine which cases they will prosecute and establish policies and priorities within their federal judicial districts. U.S. attorneys take into account a variety of factors, such as DOJ priorities, available resources, state and local priorities, and law enforcement priorities. Federal legislation influences the work of federal prosecutors, especially the types of offenses that are referred for prosecution. The Homeland Security Act of 2002 (P.L. 107-296) reorganized key federal law enforcement agencies and coincided with increased enforcement of immigration laws, especially in federal districts along the U.S.-Mexico border. The act transferred responsibility for the U.S. Customs Service and the Secret Service from the U.S. Department of the Treasury (Treasury) to DHS. Responsibility for the Immigration and Naturalization Service transferred from DOJ to DHS, and ATF transferred from the Treasury to DOJ. In 2012, five federal judicial districts referred more than half (53%) of suspects to U.S. attorneys ************************************************** In 2012, 190,596 matters were referred to U.S. attorneys. Five federal districts along the U.S.-Mexico border referred 101,265 (53%) of these matters (map 5). After the border districts, the districts with the most referrals included California Central (3,532), Florida Southern (3,463), and Virginia Eastern (3,436). In 2012, 57% of suspects in matters concluded by U.S. attorneys had been referred by the Department of Homeland Security ************************************************** Ten years after the reorganization of federal law enforcement agencies under the Homeland Security Act of 2002, DHS agencies referred 57% of all matters concluded by U.S. attorneys in 2012, down from 60% of matters concluded by U.S. attorneys in 2008 (table 5). Law enforcement agencies within the DOJ referred 28% of suspects in matters concluded by U.S. attorneys in 2012, compared to 23% of referrals in 2008 and 57% of referrals in 2001. Suspects in matters concluded by U.S. attorneys referred by the Department of Treasury made up 2% of all matters concluded in 2012, down from 20% in 2001. Immigration and drug charges made up two-thirds of all matters concluded by U.S. attorneys in 2012 ************************************************** U.S. attorneys concluded 196,109 matters in 2012 (table 6). Forty-eight percent of matters concluded by U.S. attorneys in 2012 involved an immigration offense, and 20% involved a drug charge. Overall, the number of matters concluded increased by an annual average of 2% from 2008 to 2012. Among matters concluded by U.S. attorneys during this period, immigration (4%), sex offenses (1%), and regulatory offenses (1%) increased at the fastest annual rate. The number of weapon offenses decreased by an annual average of 1%, from 11,744 matters concluded in 2008 to 11,162 in 2012. Matters concluded in five federal judicial districts along the U.S.-Mexico border increased by 5% from 2008 to 2012 ************************************************** More than half (53%) of matters concluded by U.S. attorneys in 2012 occurred in the five federal judicial districts of California Southern, Arizona, New Mexico, Texas Western, and Texas Southern. In comparison, these districts handled less than half (48%) of matters concluded in 2008. The number of matters concluded by U.S. attorneys in all other districts decreased, from 95,939 matters concluded in 2008 to 92,185 matters in 2012. Almost half of suspects in matters concluded in 2012 were prosecuted by U.S. attorneys ************************************************** Matters involving drug and weapons offenses were the most likely to be prosecuted in 2012. Suspects charged with drug (75%) and weapons (71%) offenses had the highest prosecution rates in 2012, followed by sex (61%), violent (57%), property (50%), and public order (40%) offenses (table 7). U.S. attorneys may file charges and prosecute defendants in U.S. district court, or they may file charges and prosecute matters before U.S. magistrates, who have the authority to adjudicate misdemeanor offenses (18 U.S.C. § 3401). U.S. attorneys may also decline to file charges for reasons such as weak or insufficient evidence, minimal federal interest, lack of resources, or lack of criminal intent. Matters that are declined may also be referred to other authorities for prosecution or be settled through alternative resolution procedures. Nearly 4 in 10 matters concluded in 2012 were disposed by U.S. magistrates ************************************************** Thirty-nine percent of matters concluded by U.S. attorneys in 2012 were disposed by U.S. magistrates, while 15% were declined for further prosecution. Offenses that were most likely to be disposed by U.S. magistrates included immigration (71%), other public order (23%), and other property (15%) offenses. In the five U.S.-Mexico border districts, two-thirds (66%) of matters concluded by U.S. attorneys were disposed by U.S. magistrates, compared to 9% of matters in other districts. Suspects involved in regulatory offenses were most likely to be declined for prosecution (52%), followed by fraud (37%) and other property (35%) offenses. Case processing time to conclude a matter decreased from over 3 months in 1994 to about 2 weeks in 2012 ************************************************** The median time from receipt of a matter by U.S. attorneys to prosecute, decline, or dispose by U.S. magistrate was 15 days in 2012. This was a decrease from 99 days in 1994. In 2012, the median processing time took far longer for matters that were declined (438 days) than for matters prosecuted (25 days) or disposed by a U.S. magistrate (half were disposed on the same day). The median case processing time for matters prosecuted remained relatively stable, declining slightly from 26 days in 1994 to 25 days in 2012 (figure 8). The median case processing time for a matter disposed by magistrate increased from 28 days in 1994 to 63 days in 2003, before dropping sharply to 0 days in 2012. A median of 0 days means that at least half of the matters were concluded on the same day they were opened. The drop in the total case processing time was due in part to a steady decrease in the number of matters declined and to an increase in the number of immigration matters disposed by U.S. magistrate beginning in 2004. In addition, the increase in immigration enforcement along the U.S.-Mexico border was accompanied by a strategy to expedite case processing by charging first-time illegal entrants with a petty misdemeanor offense. Six law enforcement agencies referred 80% of matters concluded in 2012 ************************************************** Eighty percent (155,943) of the 196,109 matters concluded by U.S. attorneys in 2012 were referred by six federal law enforcement agencies. The top agency was from DHS: CBP (66,879 suspects). The FBI referred the second largest number of suspects (22,489), followed by ICE (21,266), Citizenship and Immigration Services (17,940), DEA (15,865), and ATF (11,504). Among these six agencies, prosecution rates in 2012 varied from a high of 81% for suspects referred by ICE, followed by 76% for suspects referred by DEA and 72% for suspects referred by ATF (table 8). Twenty-five percent of suspects referred by CBP were prosecuted in U.S. district courts, 75% were disposed by U.S. magistrates, and less than 1% were declined. The FBI had a prosecution rate of 56%. Five percent of suspects were disposed by U.S. magistrate and 39% of matters were declined. These six agencies differed in case processing time from receipt of the matter to the decision to prosecute. The FBI had a median case processing time of 63 days, compared to 22 to 26 days for the other five agencies. ************************************************** Pretrial detention, adjudication, and sentencing ************************************************** The terms for release and detention of defendants facing charges in federal courts are set under Title 18 U.S.C. § 3141. According to the statute, a defendant must be brought before a judicial officer without unnecessary delay upon arrest for an initial appearance. The judicial officer, usually a U.S. magistrate, determines whether the defendant will be released or detained prior to trial. The Bail Reform Act of 1984 requires the court to weigh risk of flight, threat of crime commission, and presumption of innocence in deciding whether to order detention or release of a defendant. According to the act, preventive detention is applicable in instances where the defendant was charged with (1) a crime of violence, (2) an offense with a statutory maximum sentence of life imprisonment or death, (3) a drug offense with a statutory maximum sentence of 10 years or more imprisonment, or (4) any felony offense if the defendant had been convicted on two or more occasions of a previously described offense or a similar state-level offense. Most immigration defendants were detained prior to case disposition ************************************************** In 2012, more than 3 in 4 defendants (77%) in cases terminated had been detained by the court prior to case disposition (table 9). The defendants most likely to be detained were those charged with immigration (88%), weapons (86%), violent (84%), and drug (84%) offenses. Immigration defendants made up 40% of all defendants in cases terminated in 2012 and 46% of all defendants detained prior to case disposition. Property (37%) and public order (46%) defendants were less likely than other defendants to be detained. In 2012, 76% of defendants charged with a sex offense were detained prior to case disposition. The likelihood of being detained prior to case disposition increased with the number of prior convictions ************************************************** Eighty-five percent of defendants with five or more prior convictions were detained in 2012, compared to 84% of defendants with two to four prior convictions, 81% with one prior conviction, and 67% with no prior convictions. The likelihood of being detained also increased with the severity of the defendant’s criminal history. Eighty-eight percent of defendants with a prior violent felony conviction were detained by the court, compared to defendants with only a prior felony (other drug or violent) (80%) or misdemeanor (79%) conviction. Eighty-five percent of defendants charged in U.S.-Mexico border districts were detained prior to case disposition in 2012, while 69% were detained in other districts. Defendants charged with immigration offenses increased from 1994 to 2010 and declined in 2011 and 2012 ************************************************** Immigration offenses accounted for 76% of the total increase among all felony cases filed from 1994 to 2012 (figure 9). After increasing from 21,871 cases filed in 1994 to 32,897 Footnote 1 The number of felony cases filed increased by 29,000 cases between 1994 and 2012. Immigration (22,790) made up 76% of the total growth.*** cases filed in 2003, drug offenses declined to 29,493 in 2010 before increasing to 32,227 in 2011 and decreasing to 30,292 in 2012. Weapons offenses increased from 3,557 cases filed in 1994 to a peak of 10,278 in 2004, then declined to 7,627 in 2012. More than half of defendants charged in U.S. district courts in 2012 were U.S. citizens ************************************************** In 2012, 57% of defendants charged in U.S. district court were U.S. citizens. Noncitizens charged included persons with legal status (5%) (i.e., permanent residents, persons in possession of a green card, persons with a valid temporary visa, and persons with refugee status) and persons in the country without legal authorization (39%). Of the 43% of defendants who were noncitizens, 34% were from Mexico, followed by persons from Central America (5%), the Caribbean (2%), and South America (1%). Defendants from Asia and Oceania, Europe, and Africa together represented 1% of defendants charged in U.S. district court (figure 10). More than half of defendants charged in U.S. district courts in 2012 were of Hispanic origin ************************************************** In 2012, most defendants charged in U.S. district court were Hispanic (56%) and ages 25 to 44 (65%) (table 10). Defendants age 50 or older accounted for 13% of defendants charged. The youngest (age 19 or younger) and oldest (age 65 or older) defendants together composed 3% of defendants charged in 2012. Most defendants charged in U.S. court in 2012 were males ************************************************** Males made up 86% of defendants charged in federal court in 2012. Most males charged were of Hispanic origin (58%), followed by white (20%) and black or African American (19%). In comparison, most females charged were of Hispanic origin (42%), followed by white (34%) and black (19%) females. The median age for females (36 years) was similar to males (34 years). Females charged were mostly U.S. citizens (78%), with 6% having legal alien status and 16% having illegal alien status. Males charged were more evenly split between U.S. citizens (53%) and non U.S. citizens (47%). Thirty-nine percent of males charged in U.S district court were from Mexico, followed by those from Central America (5%), the Caribbean (2%), and South America (1%). Sixteen percent of females charged were from Mexico, followed by those from Central America (2%), the Caribbean (1%), and South America (1%). 9 in 10 defendants adjudicated in U.S. district court were convicted in 2012 ************************************************** Of the 96,260 defendants adjudicated in 2012, 91% were convicted (table 11). Almost all immigration violation defendants (97%) in 2012 were convicted, as were most defendants with sex offenses (95%), weapons (93%), and drug violations (92%). Of the 96,260 adjudicated defendants convicted in 2012, most (89%) were convicted following a guilty plea. 8% of adjudicated defendants were dismissed in 2012 ************************************************** Misdemeanants had the highest percentage of dismissals (27%), followed by public order (11%) and other property (11%) offenses. Violent offenses (7%) and regulatory offenses (5%) had the highest percentage of trials. In 2012, defendants adjudicated in U.S.-Mexico border districts had a higher conviction rate (95%) than defendants in districts not located on the border (89%). Dismissals (a median of 245 days) and guilty pleas (202 days) took less time to process than trials ending in conviction (505 days) or ending in acquittal (281 days). In 2012, a felony case took a median of 206 days to process from filing to disposition ************************************************** The median case processing time for felonies from case filing to disposition increased from 197 days in 1994 to 221 days in 2012 (figure 11). Guilty pleas made up 89% of the case outcomes, which influenced the overall median case processing time. The median case processing time of felony cases terminated by a guilty plea increased by 29 days, from 184 days in 1994 to 213 days in 2012, and remained the disposition with the fastest case time. Cases terminated by a bench or jury trial decision took the longest time to process ************************************************** In 2012, felony cases terminated by a trial took a median of 483 days, a 76% increase from 274 days in 1994. Cases terminated by dismissal took a median of 329 days in 2012, up from 223 days in 1994, or a 48% increase in median case processing time. The number of guilty pleas increased by an annual average rate of 2% from 2008 to 2012 (table 12). The number of defendants who were found guilty following a bench trial (down 5%) or a jury trial (down 6%) declined the most, on average, from 2008 to 2012. The number of defendants who were dismissed decreased annually by 1% from 2008 to 2012. The percent of felony cases disposed ending in a guilty plea varied by district ************************************************** In 2012, nine federal districts disposed of felony cases with a guilty plea 95% or more of the time (map 6). This included districts along the U.S.- Mexico border (with the exception of California Southern) and the districts of Wyoming (97%), Illinois Southern (97%), and Rhode Island (96%). In 2012, the median time from case filing to guilty plea was more than 6 months ************************************************** Of the 85,774 defendants in cases terminated in 2012 that ended in a guilty plea, the median time from case filing to plea was about 202 days (figure 12). Defendants pleading guilty to a felony public order offense took the longest to reach disposition (a median of 332 days), followed by defendants pleading guilty to drug, weapons, sex, and violent offenses. Defendants pleading guilty to a felony immigration offense took 120 days from case filing to case termination. Defendants pleading guilty to a misdemeanor took 55 days, compared to defendants pleading guilty to a felony (202 days). Defendants pleading guilty in U.S.-Mexico border districts (a median of 133 days) were quicker to reach disposition than defendants pleading guilty in other districts (264 days). 77% of convicted defendants were sentenced to prison in 2012 ************************************************** Of the 87,908 defendants convicted in U.S. district court in 2012, 77% were sentenced to prison (table 13). This percentage is similar to the 79% of convicted defendants sentenced to prison in 2008. The number of persons who were sentenced to prison increased from 64,529 in 2008 to 67,582 in 2012. Ten percent of convicted defendants in 2012 (9,090 out of 87,908) were sentenced to a term of probation only, down from 12% in 2008. Persons sentenced to probation decreased from 9,526 in 2008 to 9,090 in 2012. Two percent of defendants were ordered only to pay a fine in 2012. Persons receiving a fine-only sentence decreased from 2,803 in 2008 to 1,985 in 2012. The fastest growing outcome at sentencing from 2008 to 2012 was a suspended sentence, which increased an annual average of 15%. In 2012, about 10% of all convicted defendants received a suspended sentence, up from 6% in 2008. Defendants convicted of sex offenses were most likely to receive a prison sentence ************************************************** In 2012, sex offense convictions (97%) were most likely to receive a prison sentence, followed by violent and weapons offenses (92% each) and drug offenses (91%). Defendants convicted of other property offenses (53%) and regulatory public order offenses (54%) were least likely to receive a prison sentence. Defendants convicted in one of the five U.S.-Mexico border districts (81%) were more likely than defendants in all other districts (75%) to receive a prison sentence. Median prison terms increased slightly from 2008 to 2012 ************************************************** The median prison sentence decreased from 33 months in 2008 to 30 months in 2012. Drug offenders received a median prison sentence of 60 months in 2012, which was unchanged from 2008. Violent offenders received a median of 65 months in prison in 2012, down from 63 months in 2008. Weapons offenders received a median sentence of 51 months in 2012, down from 60 months in 2008. The median prison sentence decreased for immigration offenders, from 18 months in 2008 to 16 months in 2012. Median prison sentences for defendants convicted of sex offenses had the greatest increase ************************************************** Defendants convicted and sentenced to prison for a felony sex offense had the greatest median prison sentence in 2012 (96 months), up from a median term of 36 months in 1994 (figure 13). From 1994 to 2012, the median prison term imposed on sex offenders increased by an annual average of 6%. In comparison, the median prison term imposed for violent, weapons, and drug offenses remained relatively stable during this period. The median prison term imposed for immigration offenses decreased from 24 months in 1994 to 16 months in 2012. Corrections and post-conviction supervision ************************************************** Most persons were incarcerated in federal prison for a drug offense in 2012 ************************************************** Drug offenses were the most prevalent offense type of prisoners in federal prison on September 30, 2012 (figure 14). Drug offenders declined from 57% of the prison population in 2002 to 51% in 2012, while weapons offenders increased from 10% of the prison population in 2002 to 15% in 2012. The share of violent offenders in federal prison decreased from 9% in 2002 to 5% in 2012. Immigration offenders made up 12% of the prison population in 2012, rising slightly from 11% of the prison population in 2002. Males made up 94% of inmates in 2012 ************************************************** The average annual rate of growth from 2002 to 2012 was slightly greater for males (3.3%) than for females (2.4%)(table 14). The percentage of males (94%) in federal prison on September 30, 2012, was slightly greater than the percentage of males in prison on September 30, 2002 (93%). Federal prisons housed a greater share of older prisoners in 2012 ************************************************** The median age of prisoners was 38 years in 2012, compared to a median age of 36 years in 2002. The number of prisoners age 65 or older more than doubled during this period, from 1,805 prisoners in 2002 to 4,271 prisoners in 2012. Offenders age 60 or older accounted for about 5% of the total prison population in 2012, compared to 3% in 2002. From 2002 to 2012, American Indian or Alaska Natives and Hispanics in federal prison had the greatest average annual increases ************************************************** In 2012, 35% of the federal prison population was black, 35% was Hispanic, and 27% was white. American Indians or Alaska Natives (2%) and Asians, Native Hawaiian, or other Pacific Islanders (1%) made up the remainder of the prison population. American Indian offenders had the greatest average annual increase from 2002 to 2012 (5%), followed by Hispanic offenders (4%). Seventy-four percent of persons in federal prison at fiscal yearend 2012 were U.S. citizens, up from 72% in 2002 (figure 15). Of the 26% non U.S. citizens in federal prison in 2012, 19% were citizens of Mexico, 3% were citizens of Caribbean countries, 2% were citizens of Central America, and 1% were citizens of South American countries. Non U.S. citizens in federal prison at fiscal yearend 2012 with citizenship in a Central American country increased by an annual average of 9% from 2002 to 2012. In comparison, the annual average growth in prisoners who were citizens of Mexico was 4%. The number of prisoners from South America declined, from 4,054 in 2002 to 2,519 in 2012 (a 5% annual average decrease). Five federal judicial districts (Arizona, Texas Western, Texas Southern, Florida Southern, and Florida Middle) committed 20% of offenders in federal prison at yearend 2012 (map 7). ************************************************************** ************************************************** Offenders returning to federal prison from 1998 to 2012 ************************************************** 15% of offenders released from federal prison in 2010 returned to federal prison within 3 years ************************************************** Five percent of offenders released in 2012 returned to federal prison within 1 year, 11% of offenders released in 2011 returned to federal prison with 2 years, 15% of offenders released in 2010 were returned to federal prison within 3 years, 18% of offenders released in 2009 returned within 4 years, and 19% of offenders released in 2008 returned within 5 years (figure 16). These recidivism percentages do not take into account the recidivism of offenders who, after release from federal prison, were imprisoned in a state prison for a new offense. Supervision violations were the most common reason for return to prison within 3 years ************************************************** The most common reason for federal prisoners released in 2010 to return to federal prison within 3 years was violation of conditions of supervision (54%). Returns for a new court commitment or new offense accounted for 43% of returns (table 15). Return-to-prison rates were highest for younger released offenders ************************************************** Offenders ages 18 to 24 who were released in 2010 had a 3-year return-to- prison rate of 21%. Of these returns, 55% was for a supervision violation and 44% was for a new court commitment. Among released prisoners ages 25 to 44, 16% returned to prison within 3 years, as did 11% of prisoners ages 45 to 64 and 4% of prisoners age 65 or older. Males had a 16% 3-year return-to-prison rate, compared to 9% for female offenders ************************************************** Among males who were released from federal prison in 2010 and returned, 53% returned for violations of supervision and 44% returned for a new court commitment. In comparison, 76% of females returned to prison for supervision violations and 22% returned with a new court commitment. American Indian or Alaska Native prisoners had the highest 3-year return-to-prison rate among all racial and ethnic groups ************************************************** Forty-two percent of American Indian or Alaska Natives first released from federal prison in 2010 returned to federal prison within 3 years. Eighty- seven percent of American Indians returned for a violation of supervision, and 12% returned for a new court commitment. Black prisoners had the second highest 3-year return-to-prison rate (19%), with 79% returned for supervision violations and 12% returned for a new court commitment. White prisoners had a 13% return rate, Hispanic prisoners had a 14% return rate, and Asian, Native Hawaiian, or other Pacific Islander prisoners had a 6% return rate. Violent and weapons offenders returned to prison at higher rates than other offenders ************************************************** The 3-year return-to-prison rate was highest for violent (31%) and weapons (25%) offenders (figure 17). Weapons (90%) and sex offenses (89%) were most likely to be returned for supervision violations. Immigration offenders were most likely to be returned for a new offense (84%). As most immigration offenders were deported after serving a federal sentence, most who returned did so for illegally reentering the United States. Immigration offenders made up the largest number returning to federal prison within 3 years of first release ************************************************** Seventeen percent of immigration offenders released in 2010 were returned to federal prison within 3 years of release, representing 40% of all recidivists over the time period. In comparison, 24% of recidivists were drug offenders and 5% were violent offenders. Immigration had the highest percentage of new offenses as a reason for return to federal prison (84%), and 16% of immigration returns were due to supervision violations. Immigration was the most common offense type of returns for new offenses. The 3-year recidivism rate for drug offenders was 11%. Seventeen percent of drug offenders were returned for a new offense, and 72% were returned for a supervision violation. Property and drug offenses had the lowest 3-year return-to-prison rate (each 11%). Thirteen percent of property offenders were returned for a new offense, and 87% were returned for a supervision violation. 18% of U.S. citizens and 12% of non-U.S. citizens released in 2010 returned to federal priso within 3 years ************************************************** Non-U.S. citizens had a lower return rate (12%) than U.S. citizens (18%). The lower risk of return for non-U.S. citizens may be a function of differences in how non-U.S. citizen offenders are handled following release. Most non- U.S. citizens are deported immediately after serving a federal prison term. Noncitizens may then be deported or detained pending deportation by ICE. A small share of noncitizens is released to serve terms of federal supervision, so most noncitizens would not be at risk to return to prison for technical violations of supervision. About 9 in 10 noncitizens who returned to prison in a 3-year period following first release were recommitted for a new court commitment, and 1 in 10 were returned for a supervision violation. Districts with the highest 3-year return-to-prison rate for new court commitments only were clustered in the west and southwestern United States ************************************************** The districts of California Southern, Arizona, New Mexico, and Texas Southern had 3-year return-to-prison rates for a new offense of 8% or more in 2012 (map 8). In 2012, eight districts had 3-year return-to-prison rates of 19% or more for supervision violations (map 9). Three of these districts are adjacent to one another: Montana, North Dakota, and South Dakota. ************************************************************** At fiscal yearend 2012, a total of 131,732 offenders were under active federal post-conviction supervision ************************************************** Eighty-three percent of offenders under federal post-conviction supervision received one of two forms of supervision following release from prison: supervised release (107,802) or parole (1,623) (table 16). The remainder (22,307) were on probation supervision, which is a sentence to a term of supervision in the community with and without a confinement sentence. Among the 131,732 offenders under federal supervision at the end of fiscal year 2012, 81% were male and 19% were female. Females made up 37% of offenders on probation and 2% of offenders on parole supervision. Black offenders and white offenders both accounted for 36% of persons under supervision, followed by Hispanic offenders (22%). Black offenders made up 38% of offenders on supervised release, and white offenders made up nearly half (47%) of offenders on probation. 6% of persons under federal post-conviction supervised release in the community were non-U.S. citizens ************************************************** In 2012, 6% of offenders under federal supervision were non U.S. citizens. Hispanic offenders accounted for 22% of offenders under community. The median age was similar for offenders under supervised release (age 39) and probation (age 40), but higher for persons on parole supervision (age 52). Drug and property fraud were the two most common offenses for offenders under federal supervision in 2002 and in 2012 (figure 18). The percentage of weapons offenders under federal supervision increased from 2002 and 2012, as did drug and immigration offenders. ************** Methodology ************** The Federal Justice Statistics Program (FJSP) ************************************************** This report uses data from the Bureau of Justice Statistics’ (BJS) Federal Justice Statistics Program (FJSP). The FJSP was initiated in 1982 to serve as a central resource for information describing the case processing of federal criminal defendants and to meet BJS’s statutory mandate to “collect, analyze, and disseminate comprehensive federal justice transaction statistics … and to provide technical assistance to and work jointly with other federal agencies to improve the availability and quality of federal justice data”—42 U.S.C. 3732 (c) (15). The FJSP receives administrative data files from six federal criminal justice agencies and standardizes this information to maximize comparability across agencies and within agencies over time. This includes (1) applying, where possible, person-case as the primary unit of count (exceptions include at arrest where the unit of count is the individual suspect, sentencing under federal sentencing guidelines where the unit of count is the sentencing event, and at imprisonment where the unit of count is the inmate); (2) delineating fiscal year (October 1 through September 30) as the period for reported events; (3) applying a uniform offense classification across agencies; and (4) classifying disposition and sentences imposed. Where more than one offense is charged or adjudicated, the most serious offense at disposition and sentencing is used. Offense seriousness is based on maximum statutory imprisonment term, type of crime, and statutory maximum fine amount. Annual cross-sectional data files are produced and maintained by and represent the federal criminal case processing stages from arrest and prosecution through pretrial release, adjudication, sentencing, appeals, and corrections. FJSP data sources ********************** The U.S. Marshals Service Prisoner Tracking System (PTS) provides information on suspects arrested for federal offenses and booked by the U.S. Marshals Service following an arrest. Suspects may be counted more than once in a fiscal year if they are arrested and booked multiple times during the period. The U.S. Marshals Service uses the PTS to track federal prisoners in U.S. Marshals Service custody. The U.S. Marshals Service provides data from the Justice Detainee Information System (JDIS). The JDIS consolidates information on prisoners who are in Marshals Service custody or who have a federal arrest warrant issued. The Executive Office for U.S. Attorneys’ National Legal Information Office Network System (LIONS) database contains information on the investigation and prosecution of suspects in criminal matters received and concluded and criminal cases filed and terminated by U.S. attorneys. Suspects may be counted more than once in a fiscal year if they are involved in multiple matters received and concluded during the period. A matter is defined as a referral where an attorney spends an hour or more investigating. The lead charge is used to classify the most serious offense at referral and is defined as the substantive statute that is the primary basis of referral. The Administrative Office of the U.S. Courts’ (AOUSC) criminal master file contains information about the criminal proceedings against defendants whose cases were filed and terminated in U.S. district courts. These data include information on cases involving felonies, and Class A and B misdemeanors handled by U.S. district court judges. The most serious filing or terminating offense is the offense charge that yields the greatest maximum statutory penalty. This report also uses AOUSC data from the Probation and Pretrial Services Automated Case Tracking System (PACTS), which contains information on defendants interviewed and supervised by pretrial services. These data are used to describe background characteristics of defendants arraigned and defendants detained prior to case disposition. In addition, post-conviction data from the AOUSC’s Federal Probation Supervision Information System (FPSIS) are used to describe immigration offenders under post-conviction supervision in the community. The Federal Bureau of Prisons’ (BOP) SENTRY database contains information on all sentenced offenders admitted into or released from federal prison during a fiscal year, and offenders in federal prison at the end of each fiscal year (September 30). The most serious commitment offense is the offense with the longest sentence length. All percentage changes referred to in this report are calculated using the average of the annual change between the two reported years Returns to federal prison **************************** The number of offenders returning to federal prison is a count of the number of federal prisoners who returned to federal prison after first release from a U.S. district court commitment. Prisoners released from federal prison for the first time between 1998 and 2012 were identified. The BOP’s SENTRY database was searched for a subsequent return to federal prison. Prisoners released in 2010 were the most recent cohort that could be tracked for 3 years following release through 2013. In addition, observation windows were included for 1-, 2-, 3-, 4-, and 5-year return rates following first release. The return-to-prison rate increases with the length of the window used to follow-up on prisoners. The unit of analysis is the first release from federal prison, and the return rates are computed based on the number of first releases. In 2010, 61,374 federally sentenced prisoners were released from the Federal Bureau of Prisons. This cohort of offenders was tracked for 3 years following release to count the number who returned to federal prison, whether for a new offense or a supervision violation. Other resources ****************** Detailed data tables are available in Federal Justice Statistics, 2011 – Statistical Tables (NCJ 248469, BJS web, December 2014) and Federal Justice Statistics, 2012 –Statistical Tables (NCJ 248470, BJS web, December 2014). FJSP data are also incorporated into a BJS web query tool that permits users to interactively query the federal data and download the query results as a spreadsheet. The query tool provides statistics by stage of the federal criminal case process, including law enforcement, prosecution and courts, and incarceration. Users can currently generate queries for up to three variables from 1998 to 2012. Users can also generate queries by title and section of the U.S. criminal code by processing stage from 1994 to 2012. The query tool is available at www.bjs.gov. ************************************************************** The Bureau of Justice Statistics of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of criminal and civil justice systems at the federal, state, tribal, and local levels. BJS collects, analyzes, and disseminates reliable and valid statistics on crime and justice systems in the United States, supports improvements to state and local criminal justice information systems, and participates with national and international organizations to develop and recommend national standards for justice statistics. William J. Sabol is acting director. This report was written by Mark Motivans. Steven W. Perry verified the report. Irene Cooperman, Morgan Young, and Jill Thomas edited the report. Barbara Quinn and Tina Dorsey produced the report. January 2015, NCJ 248493 ************************************************************** ************************************************ Office of Justice Programs Innovation * Partnerships * Safer Neighborhoods www.ojp.usdoj.gov ************************************************ ******************** 1/5/15 JER 3:15pm ********************