U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics ------------------------------------------------------ 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's website at: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5885 This report 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, 2013-2014 Mark A. Motivans, Ph.D., BJS Statistician Federal arrests decreased from 188,164 in fiscal year 2013 to 165,265 in fiscal year 2014. Arrests by federal law enforcement more than doubled between 1994 (80,450) and 2013, and then declined by 12% from 2013 to 2014 (figure 1).*** Footnote 1 In this report, annual data are or the fiscal year, which is from October 1 to September 30. A percentage change for multiple years is calculated using the average of the annual change between year*** At fiscal yearend 2014, about 400,000 offenders were under some form of federal correctional control. Nearly half (48%) were confined by the Federal Bureau of Prisons (BOP), 14% were confined in pretrial detention, 33% were on post-sentencing supervision in the community, and 6% were under pretrial supervision in the community (table 1). *********************************************************** ************** Highlights ************** Arrest and prosecution ************************* * During 2014, federal law enforcement made 165,265 arrests, a 12% decrease from 188,164 arrests in 2013. * In 2014, the five federal judicial districts along the U.S.-Mexico border accounted for 61% of federal arrests, 55% of suspects investigated, and 39% of offenders sentenced to federal prison. * There were 81,881 federal immigration arrests made in 2014--one-half of all federal arrests. * Cocaine (25%) was the most common drug type involved in arrests by the Drug Enforcement Administration in 2014. * Ninety-one percent of felons in cases terminated in U.S. district court in 2014 were convicted as the result of a guilty plea, 6% were dismissed, and 3% received a jury or bench trial. * In 2014, public defenders (38%) and Criminal Justice Act– appointed counsel (39%) handled most of federal defendants charged in U.S. district court. * Most (59%) defendants in cases disposed in 2014 had a prior federal or state conviction. A third (33%) of those with a prior conviction were convicted of misdemeanor offenses only. * In 2014, defendants charged with immigration (89%), weapons (87%), drug (85%), or violent (83%) offenses were more likely than other defendants to be detained prior to trial. * In 2014, defendants convicted of a felony sex offense in U.S. district court were most likely (96%) to receive a prison sentence and had the longest median prison sentence (90 months). * Nearly a third (32%) of defendants charged in U.S. district court in 2014 were from Mexico, 5% were from Central America, and 2% were from the Caribbean. * More than half (55%) of defendants charged in U.S. district court in 2014 were of Hispanic origin. Fifty-seven percent of male and 40% of female defendants were of Hispanic origin. * In 2014, non-U.S. citizens made up 42% of defendants charged in U.S. district court and 25% of federally sentenced prisoners in the Federal Bureau of Prisons on September 30. * Of the 400,367 persons under some form of federal correctional control at fiscal yearend 2014, 61% were in confinement and 39% were under supervision in the community. * Fifteen percent of federal prisoners released in 2012 were returned to federal prison within 3 years. Half of those returned within 3 years were returned for supervision violations. * Seventeen percent of immigration offenders released in 2012 were returned to federal prison within 3 years of release. * On September 30, 2014, a total of 130,409 offenders were under active federal post-conviction supervision. *********************************************************** *************************************************************** ***************************************** Definitions of major offense categories ***************************************** Violent—-Includes murder, nonnegligent or negligent manslaughter, aggravated or simple assault, robbery, kidnapping, and threats against the President. Excludes violent sex offenses. Property--Includes fraudulent and other types of property offenses. Fraudulent property--Includes embezzlement, fraud (including tax fraud), forgery, and counterfeiting. Other property--Includes burglary, larceny, motor vehicle theft, arson, transportation of stolen property, and other property offenses, such as destruction of property and trespassing. Drug--Includes offenses prohibiting the manufacture, import, export, distribution, or dispensing of a controlled substance (or counterfeit substance), or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense. Sex— Includes aggravated sexual abuse, sexual abuse, abusive sexual contact, sexual exploitation of children, child pornography, illegal sex transportation offenses, prostitution, and obscene materials. (See Methodology for further details.) Public order--Includes regulatory and other types of offenses. Regulatory public order--Includes violation of regulatory laws and regulation in agriculture, antitrust, labor law, food and drug, motor carrier, and other regulatory offenses. Other public order--Includes nonregulatory offenses concerning tax law violations (tax fraud), bribery, perjury, national defense, escape, racketeering and extortion, gambling, liquor, mailing or transporting of obscene materials, traffic, migratory birds, conspiracy, aiding and abetting, jurisdictional offenses, and other public order offenses. Weapons--Includes violations of any of the provision of 18 U.S.C. 922–923 concerning the manufacturing, importing, possessing, receiving, and licensing of firearms and ammunition. Immigration--Includes offenses involving illegal entrance into the United States, illegally reentering after being deported, willfully failing to deport when so ordered, or bringing in or harboring any aliens not duly admitted by an immigration officer. ***************************************************************** This report describes defendants processed at each stage of the federal justice system: arrest, 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 (USMS), Drug Enforcement Administration (DEA), Administrative Office of the U.S. Courts (AOUSC), Executive Office for U.S. Attorneys, the BOP, and the U.S. Sentencing Commission. Arrest ********** This section of the report uses most serious offense type as classified by the deputy U.S. Marshal at the time of booking. Each of the 94 federal judicial districts has a U.S. Marshal. Deputy U.S. Marshals take into custody federal suspects charged with a crime (including booking, processing and detaining suspects), oversee court security, and coordinate prisoner transportation. ************************************ In 2014, federal law enforcement agencies made 12% fewer arrests for a federal offense than in 2013 ************************************ In 2014, there were 81,881 arrests for an immigration offense, down from 96,374 in 2013. Half (50%) of federal arrests involved an immigration offense as the most serious arrest offense. Drug offenses and supervision violations (14% each) were the next most common offenses in 2014. Nearly 8 in 10 (78%) federal arrests in 2014 were for immigration, drug, or supervision violations. Arrests for violations of federal law decreased 12% from 2013 to 2014 (table 2). This represents the largest year-to-year change in arrests since 1994 (figure 2). Sixty-four percent of the decline was due to a decrease in immigration offenses, 16% was due to a decrease in drug arrests, and 8% was due to a decrease in property offenses. Sixty-eight percent of the decline between 2013 and 2014 occurred in the five southwest border districts. Arrests in each of the five southwest border districts declined from 2013 to 2014. ************************************ Nearly two-thirds of federal arrests in 2014 were in the five districts along the U.S.-Mexico border ************************************ In 2014, there were 100,656 arrests in the five U.S.-Mexico border districts, compared to 64,609 in the remaining 89 districts. Texas Southern (33,050) had the most arrests, followed by Arizona (31,952) and Texas Western (23,284) (map 1). From 2013 to 2014, the number of suspects arrested in U.S.-Mexico border districts decreased by 13%, compared to a decrease of 10% in other border districts. In 2014, there were 165,265 federal arrests of 155,699 individual suspects (table 3). ***Footnote 2 Analysis of suspects with more than one arrest is based on the USMS’s unique identifier (U.S. Marshals Number) for individual suspects.*** The gap between the number of arrests and individual suspects was relatively consistent from 1994 to 2014 (figure 2). ********************** Immigration arrests ********************** There were 81,881 immigration arrests made in 2014 **************************************************** Immigration offenses include illegal entry, illegal reentry, alien smuggling, and visa fraud. The Department of Homeland Security (DHS) has primary law enforcement responsibility for immigration offenses, and its law enforcement agencies made 99% of the 81,881 immigration arrests in 2014. The U.S. Customs and Border Protection (CBP), a DHS agency, was the arresting agency for 68% of immigration arrests in 2014, and the Immigration and Customs Enforcement (ICE) was the arresting agency for 30%. Department of Justice (DOJ) law enforcement agencies (mostly the USMS) made 1% of immigration arrests in 2014 (not shown). *********************************************** Immigration arrests doubled from 1994 to 1998, doubled again from 1998 to 2006, and doubled again from 2006 to 2013 *********************************************** The number of immigration arrests increased at a slightly faster rate than the number of individual suspects arrested for an immigration offense (figure 3). Starting in 2009, the greater relative increase in arrests (not individual suspects) was the result of an increase in the number of multiple arrests per suspect. This corresponded with a period of increased federal criminal justice efforts to deter illegal entry and reentry along the southwest border by increasing the likelihood of apprehension and criminal consequences. Suspects whose most serious offense was an immigration offense were also arrested an additional 2,665 times for either an immigration or some other offense in 2014. *************************************************** Most immigration arrests in 2014 were in the five districts along the U.S.-Mexico border *************************************************** Ninety-three percent of federal immigration arrests in 2014 occurred in five federal districts along the U.S.-Mexico border (map 2). The busiest court city for immigration arrests in 2014 was Tucson, Arizona (17,731). Laredo, Texas (15,207), in Texas Southern was the second busiest court city for immigration arrests in 2014 (not shown). Sex offense arrests ******************** ********************************************** Sex offenses were the fastest growing federal arrest offense from 2010 to 2014 ********************************************** Federal law enforcement arrested 3,447 sex offense suspects in 2014, a 4% increase from 2010. (See Methodology for classification of sex offenses.) This period was marked by closer surveillance of registered sex offenders and more restrictions of sex offenders on supervision in the community. The FBI (39%) made the most sex offense arrests in 2014, followed by the USMS (29%) and ICE (20%). The number of suspects arrested for a sex offense doubled from 1994 to 1998, doubled again from 1998 to 2004, and doubled again from 2004 to 2013 (figure 4). From 2010 to 2014, sex offenses made up 2% (16,842) of the total number of federal arrests (882,713) (not shown). ****************************************************** In 2014, arrests for federal sex offenses made up 4% of federal, state, and local sex offense arrests ****************************************************** In 2014, there were an estimated 21,007 arrests for rape and 55,456 arrests for sex offenses (excluding prostitution) reported by state and local law enforcement.***Footnote 3 FBI, Crime in the United States, 2014, table 29.*** A total of 79,910 arrests for sex offenses was comprised of 76,463 state and local law enforcement arrests and 3,447 federal arrests. Federal arrests accounted for 4% of national sex offense arrests. Seven districts had 80 or more federal sex offense arrests in 2014 (map 3). Florida Middle (131), Texas Western (120), and Arizona (100) had 100 or more sex offense arrests. The busiest court cities for federal sex offense arrests in 2014 were San Diego, California (62); Phoenix, Arizona (62); Portland, Oregon (57); and Springfield, Illinois (54). **************************************************** *********************************** Enforcement initiatives targeting sex offenders *********************************** Recent initiatives that have targeted sex offenders include the Department of Justice’s (DOJ) Project Safe Childhood, which was initiated in 2006 to address the expanding use of technology in the sexual exploitation of children. The Adam Walsh Child Protection and Safety Act (P.L. 109-248) was passed in 2006 and authorized the U.S. Marshals Service (USMS) to investigate registered sex offenders and assist state, local, tribal, and territorial law enforcement with apprehending sex offenders. The USMS established the National Sex Offender Targeting Center to improve the tracking and apprehension of fugitive sex offenders. In 2008, the Providing Resources, Officers, and Technology to Eradicate Cyber Threats to Our Children Act of 2008 (PROTECT Our Children Act) required the DOJ to create a national strategy to combat child exploitation across levels of government and the private sector (P.L. 110-401). **************************************************** Drug offense arrests ********************* *********************************************** Drug offenses were the second most common arrest offense in 2014 *********************************************** There were 23,703 arrests for drug offenses in 2014, a 13% decrease from 2013. Drug arrests declined to their lowest levels since 1996 (figure 5). From 2010 to 2014, drug offenses (135,789) accounted for 15% of the total number of federal arrests (882,713) (not shown). The DEA (34%) made the most federal drug arrests in 2014, followed by USMS (17%), ICE (13%), and the FBI (12%). In 2014, drug offense suspects were arrested 731 times for crimes other than drug offenses. Sixty percent of nondrug offense arrests were for supervision violation offenses, 28% were for immigration, and 6% were for weapons offenses (not shown). ************************************************************* In 2014, federal drug arrests made up 1% of all federal, state, and local drug arrests ************************************************************* In 2014, a total of 1,584,934 drug arrests were made by law enforcement *** Footnote 4 FBI, Crime in the United States, 2014, table 29.*** State and local law enforcement made 1,561,231 arrests for drug violations in 2014. Federal law enforcement made 23,703 drug arrests in 2014, or 1% of all drug arrests in the United States. Four of the five districts with the largest number of federal drug arrests were located along the southwest border, including Arizona (3,190), Texas Western (1,639), California Southern (1,443), and Texas Southern (1,245) (map 4). The busiest court cities for drug arrests in 2014 were Tucson, Arizona (2,897); San Diego, California (1,257); and El Paso, Texas (689) (not shown). ******************************************************************************* ****************************** Patterns in DEA drug arrests ****************************** The DEA made 29,549 arrests in 2014 ************************************* Created in 1973, the mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States. This includes investigating major drug offenders at the national and international levels. Targeted offenders include organized gangs involved in drug trafficking, violent offending, and money laundering. The DEA coordinates with foreign governments and federal, state, and local agencies. They focus on programs designed to reduce the availability of illicit drugs, including methods such as crop eradication, crop substitution, and training of foreign officials. The DEA has 221 domestic offices in the United States and 86 offices in 67 countries (see http://www.dea.gov/about/mission.shtml). The DEA reported 29,549 drug arrests in 2014, down from 30,532 in 2013. Drug arrests by the DEA increased during the 1990s to a peak of 46,435 arrests in 2000, followed by a decline to 29,238 in 2003 (figure 6). DEA data do not distinguish between arrests that are referred for either state or federal prosecution. The Executive Office for U.S. Attorneys keeps records of the agencies that refer matters to federal prosecutors and whether the matters are prosecuted in U.S. district court.*** Footnote 5 The unit of count reported in this section is an arrest by the DEA where each arrest of an individual suspect is counted separately. The unit of count for suspects referred by the DEA to U.S. attorneys is an investigation or matter where each investigation of an individual is counted separately.*** Suspects in matters referred to U.S. attorneys by the DEA increased from 16,207 in 1995 to a peak of 20,486 in 2005. From 1995-2014, DEA federal referrals made up 54% of DEA arrests. In 2014, 10,063 suspects were referred by the DEA to U.S. attorneys and prosecuted in federal court. Heroin arrests by the DEA increased at the fastest annual average rate from 2002 to 2014 *************************************************** Among specific drug types, heroin arrests (4%) by the DEA increased at the fastest annual average rate from 2002 to 2014, followed by methamphetamine (1%) (figure 7). During the same period, arrests for crack cocaine declined by an annual average of 7% and arrests for cocaine powder declined by 4%. Cocaine (25%) was the most common drug type involved in arrests by the DEA in 2014 *************************************************** Arrests involving cocaine powder (5,666) and crack cocaine (1,715) accounted for a quarter (25%) of all arrests by the DEA in 2014 (table 4). Nineteen percent of arrests by the DEA were for offenses involving cocaine powder and 6% were for crack cocaine. The remaining arrests by the DEA in 2014 were for methamphetamine (24%), marijuana (18%), heroin (16%), and other or nondrug offenses (16%). Arrests for methamphetamine and heroin have increased each year since 2008. Suspects of Hispanic or Latino origin made up 42% of DEA arrestees in 2014 *************************************************** In 2014, Hispanic or Latino (42%) arrestees made up the largest number of suspects arrested by the DEA, followed by white (31%) and black (24%) suspects. Hispanic suspects made up 57% of arrests for cocaine powder offenses, 47% of arrests for methamphetamine, and 45% of arrests for heroin offenses. More than three-quarters (79%) of crack cocaine suspects were black, and 44% of methamphetamine suspects were white. White suspects made up nearly half (47%) of suspects arrested by the DEA for other drug types or nondrug offenses. These include pharmaceutical narcotics such as oxycodone, other controlled substances such as LSD, and offenses involving drug equipment. Most DEA arrestees in 2014 were male (81%) and age 34 or younger (56%) *************************************************** Males accounted for 81% of all DEA arrests in 2014. Twenty-three percent of male suspects were arrested for methamphetamine, compared to 21% for powder cocaine and 20% for marijuana. Twenty-nine percent of females arrested by the DEA for drug violations were arrested for methamphetamine, compared to 24% for other drug offenses, 14% for marijuana, and 13% for cocaine powder offenses. Females accounted for 19% of all DEA drug arrests and made up 23% of all methamphetamine arrests. More than half (56%) of all suspects arrested by the DEA were age 34 or younger. The median age was similar across all drug types, ranging from ages 32 to 35. Five percent of arrests by the DEA were of suspects age 55 or older, and 5% of suspects were age 20 or younger. In 2014, most females arrested by the DEA were white, while most males were Hispanic *************************************************** Among females arrested by the DEA in 2014, 47% were white, 31% were Hispanic, and 18% were black. Between 1995 and 2014, white females almost always made up the greatest share of females arrested by the DEA. The percentage of black female arrests by the DEA declined from 29% in 1995 to 18% in 2014 (figure 8). In 2014, Hispanics accounted for 43% of males arrested by the DEA. This represents a consistent level in the Hispanic share of male arrests since 1995. Whites (26%) and blacks (25%) made up a similar percentage of arrests of males by the DEA in 2014 (figure 9). ******************************************************************************* ************************** Weapons offense arrests ************************** Weapons offenses made up 4% of federal arrests in 2014 ************************************************** Federal law enforcement made 6,984 arrests for weapons offenses in 2014, an 11% decrease from 2013. Federal law includes multiple provisions that regulate unlawful possession or use of firearms or receipt or transfer of firearms. The Alcohol, Tobacco, Firearms, and Explosives (ATF) was the arresting agency in less than half (48%) of federal weapons arrests in 2014. The USMS was the arresting agency in 28% of weapons arrests, and the FBI was the arresting agency in 10% of weapons arrests in 2014. Weapons arrests peaked in 2004 then declined each year from 2005 to 2011 (figure 10). From 2010 to 2014, weapons offenses accounted for 4% (37,922) of the total number of arrests (882,713) during this period (not shown). Of the 233 weapons suspects with one or more nonweapons arrests in 2014, two-thirds (66%) were arrested for a supervision violation and nearly a fifth (18%) were arrested for a drug offense (not shown). In 2014, federal weapons arrests made up 5% of federal, state, and local weapons arrests ************************************************** In 2014, a total of 147,697 weapons arrests were made by federal, state, and local law enforcement. ***Footnote 6 FFBI, Crime in the United States, 2014, table 29.*** State and local law enforcement made an estimated 140,713 weapons arrests.Federal law enforcement made 6,984 weapons arrests (5% of all weapons arrests). Federal districts with the largest number of weapons arrests in 2014 included Puerto Rico (401), Texas Western (225), Texas Southern (224), and Missouri Western (221) (map 5). The busiest court city for weapons arrests in 2014 was Hato Rey, Puerto Rico (395), followed by Kansas City, Missouri (215) (not shown). Supervision violation arrests ****************************** Supervision violations were the third most common arrest offense in 2014 ************************************************** In 2014, there were 22,939 arrests for supervision violations involving 20,202 individual suspects. From 2013 to 2014, supervision violations decreased by 5%. Supervision violations include violations of bail, probation, post-incarceration supervision, and failure to appear. The USMS was the arresting agency in 94% of supervision violation arrests in 2014. Arrests for supervision violations increased by an annual average of 3% from 1994 to 2014 (figure 11). In 2014, a third of federal supervision violations occurred in six districts: Texas Southern, Texas Western, Arizona, California Southern, New Mexico, and Virginia Eastern (map 6). The busiest court city for supervision arrests and bookings in 2014 was Washington, D.C. (1,423), followed by San Diego, California (886), and Tucson, Arizona (834) (not shown). ******************************* Investigation and prosecution ******************************* Suspects in matters investigated ********************************* In 2014, U.S attorneys investigated 138,177 suspects in matters involving 160,505 suspects ************************************************** Each year from 2010 to 2014, an average of about 180,000 suspects were investigated (figure 12). A total of 2,346,026 matters were opened from 1994 to 2014. Matters may include multiple suspects. A total of 2,977,837 suspects were investigated from 1994 to 2014. This was an average of 1.3 suspects per matter. The majority of suspects in matters investigated in 2014 by the U.S. attorneys were referred by the DHS ************************************************** Fourteen years after the reorganization of federal law enforcement agencies under the Homeland Security Act of 2002, DHS agencies referred 58% of all suspects in matters received by U.S. attorneys in 2014, up from 57% in 2013 (table 5). ***Footnote 7 In this section, each suspect is counted separately in matters investigated.*** Law enforcement agencies within the DOJ referred 25% of suspects in matters referred to U.S. attorneys in 2014, compared to 26% in 2013, 27% in 2012, and 56% in 2001. In 2014, the Department of Treasury made up 2% of all suspects in matters referred in 2014, down from 20% in 2001. ************************************************************************************* ************************************************** U.S. attorneys serve as the chief federal law enforcement officers within their respective districts ************************************************** U.S. attorneys serve as chief federal law enforcement officer within their respective districts. One U.S. attorney serves both the Guam and Northern Mariana Islands districts. ***Footnote 8 This section of the report combines Northern Mariana Islands and Guam for statistical reporting.*** Most investigations referred to a U.S. attorney come from a federal law enforcement agency. State and local law enforcement agencies are also sources of criminal referrals to U.S. attorneys’ offices. U.S. attorneys determine which cases they will prosecute and establish policies and priorities within their federal judicial districts. They take into account a variety of factors, such as the Department of Justice priorities, available resources, state and local priorities, and law enforcement priorities. The national priorities for U.S. attorneys in 2014 included the disruption and prevention of terrorism, violent offenses, civil rights violations, financial fraud, crimes against vulnerable victims, hate crimes, and human trafficking (see http://www.justice.gov/sites/default/files/usao/legacy/2014/09/22/13statrpt.pdf). *************************************************************************************** Two-thirds of suspects in matters referred to U.S. attorneys in 2014 were charged with an immigration or drug offense as the most serious charge ************************************************** In 2014, there were 160,505 suspects in matters referred to U.S. attorneys in 2014 (table 6). Half of suspects in matters referred involved an immigration offense as the most serious charge. Seventeen percent involved a drug offense as the most serious charge. A total of 414,924 drug matters were opened from 1994 to 2014 (figure 13). Drug matters may include multiple suspects. A total of 738,397 suspects were investigated for a drug offense as the primary charge from 1994 to 2014, or an average of 1.8 suspects per drug matter. Overall, suspects in matters referred decreased by an annual average of 4% from 2010 to 2014. Among suspects in matters referred during this period, public order (7%) and property and drug (6%) offenses decreased at the fastest annual rate. Weapons offenses decreased by an annual average of 4% between 2010 and 2014 ************************************************** Weapons offenses decreased by an annual average of 4%, from 10,616 matters referred in 2010 to 8,901 in 2014. A total of 370,350 fraud matters were opened from 1994 to 2014 (figure 14). Fraud matters may include multiple suspects. A total of 503,844 suspects were investigated for a fraud offense as the primary charge from 1994 to 2014, or an average of 1.4 suspects per fraud matter. In 2014, more than half (55%) of suspects referred to U.S. attorneys were in the five southwest border districts ************************************************** Federal prosecutors in the five federal districts along the U.S.-Mexico border handled matters involving 88,762 suspects in 2014, or 55% of all suspects handled nationwide (map 7). Suspects in matters referred in these five districts decreased by an annual average of 1% from 2010 to 2014. Among nonborder districts, the districts with the most referrals included Florida Southern (3,021), California Central (2,420), and Virginia Eastern (2,522). Suspects in matters referred to U.S. attorneys in nonborder districts decreased from 94,365 matters referred in 2010, an annual average decrease of 6%. ******************************************************************************* ****************************************** Role of federal prosecutor in charging suspects ****************************************** U.S. attorneys may decline to file charges for reasons such as weak or insufficient evidence, minimal federal interest, lack of resources, and lack of criminal intent. Matters that are declined may also be referred to other authorities for prosecution or be settled through alternative resolution procedures. U.S. attorneys may file charges and prosecute defendants in U.S. district court or before a U.S. magistrate. U.S. magistrates have the authority to adjudicate misdemeanor offenses (18 U.S.C. § 3401). With the exception of misdemeanor offenses or when suspects waive their right to a grand jury indictment, the U.S. attorney presents evidence to a grand jury. The grand jury deliberates and decides whether the suspect should be indicted for committing a crime. If the grand jury returns an indictment, the U.S. attorney may file criminal charges in U.S. district court. ******************************************************************************** The number of suspects in matters referred to U.S. attorneys varied by offense type ****************************************** The number of suspects involved in matters varied by type of offense. Nearly all immigration (99%) and sex offense (97%) matters involved a single suspect (table 7). About 28% drug matters involved more than one suspect, while 5% involved five or more suspects. Most investigations with more than one suspect involved two suspects. Drug (14%), fraud (11%), and regulatory offenses (8%) had the greatest share of matters with two suspects. A total of 13,644 fraud matters were referred to U.S. attorneys’ offices in 2014. Two percent involved five or more suspects, and 16% involved two to four co-suspects. ******************************** Suspects in matters concluded ******************************** 46% of suspects in matters concluded in 2014 were prosecuted by U.S. attorneys ****************************************** Suspects charged with weapons (72%) and drug (71%) offenses had the highest prosecution rates in 2014, followed by sex (64%), violent (60%), property (52%), and public order (42%) offenses (table 8). 4 in 10 matters concluded in 2014 were disposed by U.S. magistrates ****************************************** U.S. magistrates have the authority to adjudicate misdemeanor offenses (18 U.S.C. § 3401). Thirty-eight percent of matters concluded by U.S. attorneys in 2014 were disposed by U.S. magistrates. Offenses that were most likely to be disposed by U.S. magistrates included immigration (69%), other public order (19%), and other property (18%) offenses. Other public order offenses include an array of offenses, such as tax law violations, bribery, perjury, national defense, racketeering, and extortion (see Methodology). In the five U.S.-Mexico border districts, nearly two-thirds (65%) of matters concluded by U.S. attorneys were disposed by U.S. magistrates, compared to less than a tenth (6%) of matters in other districts. This was the result of immigration enforcement along the southwest border. Generally, first-time illegal entry defendants who agreed to plead guilty to a petty misdemeanor charge were sentenced to 30 days or less of confinement by U.S. magistrate and were subsequently removed from the United States upon completion of the sentence. Seventeen percent of matters were declined for prosecution in 2014. Suspects involved in regulatory offenses were most likely to be declined for prosecution (49%), followed by fraud (42%), other public order (38%), and sex (35%) offenses. Six law enforcement agencies referred more than three-quarters of all matters concluded by U.S. attorneys in 2014 ****************************************** Eighty-six percent (145,647) of the 170,161 matters concluded by U.S. attorneys in 2014 were referred by six federal law enforcement agencies. CBP referred the largest number of suspects (58,127 matters), followed by the FBI (20,265) and Citizenship and Immigration Services (17,523). The other three agencies included ICE (17,064), the DEA (12,375), and ATF (8,214). Among these six agencies, the highest prosecution rates in 2014 for matters referred by ICE (81%), the DEA (73%), and ATF (72%) (table 9). Twenty-nine percent of suspects referred by CBP were prosecuted in U.S. district courts, 71% were disposed by U.S. magistrate, and fewer than 1% were declined. The prosecution rate for suspects referred by the FBI was 56%. Forty-one percent of suspects referred by the FBI were declined, and 3% were disposed by U.S. magistrate. These six agencies differed in the time from receipt of the matter to the decision to prosecute. The FBI had a median time of 57 days, compared to 22 to 29 days for the other five agencies. ************************* Case processing time ************************* Prosecutorial decisions involve whether to prosecute, refer to U.S. magistrate, or decline a matter. The time it took U.S. attorneys to decide how they would handle a matter varied with the decision made and the charges involved. Matters that were declined for prosecution in 2014 took a median 503 days to conclude. In 2014, the decision to prosecute a matter in a district court took U.S. attorneys a median of 24 days. In comparison, most matters disposed by a U.S. magistrate in 2014 were disposed on the same day they were opened. Among those matters that were declined in 2014, fraud (677 days) and drug (511 days) matters took the longest time to reach the declination decision. Matters that were declined in 2014 in U.S.-Mexico border districts (518 days) took a similar time to process than in other districts. The median case processing time varied by type of offense, with fraud (328 days) and regulatory (233 days) offenses taking the longest to reach a prosecutorial decision. The median case processing time for immigration (0 days) and drug (30 days) offenses took the shortest time to reach a decision by the federal prosecutor’s office. The median time for matters sent to the district court remained relatively stable from 1994 to 2014, declining slightly from 26 to 24 days during the 21-year period (figure 15). The median time for matters sent to a magistrate increased from 28 days in 1994 to 63 days in 2003, and then dropped sharply to a median of 0 days for each year from 2008 to 2014. The overall median time dropped in part because of a steady decrease in the number of matters declined and an increase in the number of immigration matters handled by U.S. magistrate beginning in 2005 (not shown). Operation Streamline, a federal zero-tolerance prosecutorial initiative, began in the Border Patrol’s Del Rio Sector (located in Texas Western) in December 2005. Under Operation Streamline, offenders caught making their first illegal entry are charged with a misdemeanor and face up to 6 months in prison before being deported. Versions of this approach have been expanded and implemented in Arizona (Tucson and Yuma), Texas Southern (Laredo, Brownsville, and McAllen), and New Mexico (Las Cruces). El Paso in Texas Western also has a Streamline-type program. ********************** Pretrial detention ********************* ****************************************** Type of offense for persons detained ****************************************** Immigration defendants were most likely to be detained prior to case disposition ****************************************** More than 3 in 4 defendants (78%) in cases terminated in 2014 had been detained by the court prior to case disposition (table 10). Two-thirds (67%) of defendants had been detained for the entire pretrial period and about a tenth (12%) were detained for part of the period and released. The defendants most likely to be detained were those charged with immigration (89%), weapons (87%), drug (85%), and violent (83%) offenses as the most serious charge. The most serious charge is determined by the Administrative Office of the U.S. Courts as the offense with greatest maximum statutory penalty. Immigration defendants made up 41% of all defendants in cases terminated in 2014 and 47% of all defendants detained prior to case disposition. Eighty-seven percent of immigration defendants were detained for the entire period, while 2% of immigrant defendants were detained for part of the pretrial period and then released. Eleven percent of immigration defendants were not detained prior to case disposition in 2014. Of the 36% of property defendants detained, the majority were more likely to be detained for part of the period—rather than the entire period—than defendants charged with other offenses. For cases terminated in 2014, 81% of defendants charged with a sex offense were detained prior to case disposition. More than half (59%) of sex offenders were detained for the entire pretrial period, and nearly a quarter (22%) were detained for part of the period. ******************************** Prior convictions of detainees ******************************** Eighty-six percent of defendants with five or more prior convictions were detained in cases terminated in 2014, compared to 71% with no prior convictions. The likelihood of being detained also increased with the severity of the defendant’s criminal history. Eighty-nine percent of defendants with a prior violent felony conviction were detained, compared to defendants with a prior drug felony (86%). Defendants with a prior felony (other than violent or drug-related) were detained at the same rate (80%) as defendants with only prior misdemeanor convictions. Defendants with a prior misdemeanor conviction only (13%) were more likely to be detained for part of the pretrial period. Eighty-eight percent of defendants charged in the southwest border districts were detained prior to case disposition in 2014, compared to 69% for nonsouthwest border districts. The pretrial detention rate for defendants in cases disposed in a southwest border district ranged from 67% in California Southern and 95% in Arizona to 98% in New Mexico. **************** Adjudication **************** ******************************************* Defendants in cases filed in federal court ******************************************* There were 80,051 defendants in 61,977 cases filed in 2014 ****************************************** For the 21-year period from 1994 to 2014, a total of 1,346,811 criminal cases were filed in U.S. district court involving 1,780,173 defendants. This was an average of 1.3 defendants per case filed. The number of cases filed declined from 78,825 in 2011 to 61,977 in 2014, and the number of defendants in cases filed decreased from 103,021 in 2011 to 80,051 in 2014 (figure 16). Immigration offenses increased from 2,453 cases filed in U.S. district court in 1994 to a peak of 29,016 cases filed in 2010 (figure 17). In 2014, 21,789 immigration cases were filed. Drug offenses increased from 21,871 cases filed in 1994 to 32,897 in 2003 before declining to 29,493 in 2010. There were 25,595 drug cases filed in 2014. Weapons offenses increased from 3,557 cases filed in 1994 to a peak of 10,278 in 2004. Since 2004, weapons cases filed in U.S. district court declined to pre-2001 levels (6,288) by 2014. ***Footnote 9 The Administrative Office of the U.S. Courts’ criminal master file provides one record per defendant in a case, allowing for identification of multiple defendants per case. A defendant may be counted multiple times if involved in more than one case.*** During 2014, 80,051 defendants were charged in federal court with a criminal offense, 89% of whom were charged with felonies (table 11). Of the 71,483 defendants charged with felonies in 2014, 32% were charged for drug, 30% for immigration, 16% for property, and 3% for violent offenses. The number of defendants charged with a felony sex offense increased by an annual average of 10% from 2012 to 2014. In 2014, drug cases were more likely to have multiple defendants than other offense types ****************************************** Overall, 12% of all cases filed in U.S. district court in 2014 had multiple defendants (table 12). The percentage varied greatly by offense. For example, 28% of all drug cases filed in U.S. district court in 2014 had more than one defendant and 6% had 5 or more defendants. In comparison, 3% of cases involving an immigration or sex offense had multiple defendants. *********************************** Demographic characteristics of defendants charged *********************************** 2 in 5 defendants charged in U.S. district court in 2014 were non-U.S. citizens ****************************************** Forty-two percent of defendants charged in U.S. district courts in 2014 were non-U.S. citizens. Noncitizens charged included persons with legal (5%) status (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 (37%). Of the 42% of defendants who were noncitizens, 32% were from Mexico, 5% were from Central America, 2% were from the Caribbean, and 1% were from South America. Noncitizens from Asia and Oceania, Europe, and Africa together represented 2% of defendants charged in U.S. district court (table 13). The majority (55%) of defendants charged in U.S. district courts in 2014 were of Hispanic origin ****************************************** Defendants of Hispanic origin made up more than half of defendants charged in U.S. district court. Two-thirds (65%) of defendants charged were between ages 25 and 44. Defendants age 50 or older made up 14% of defendants charged. The youngest (age 19 or younger) and oldest defendants (age 65 or older) together made up 3% of defendants charged in 2014. Males (85%) made up most of defendants charged in U.S. district court in 2014 ****************************************** Fifteen percent of defendants charged in federal court in 2014 were female. Most females charged were of Hispanic origin (40%), followed by white (33%) and black or African American (22%). The male racial profile had a similar ordering. Most males charged were of Hispanic origin (57%), followed by white (21%) and black or African American (19%). The median age for females (age 36) was similar to males (age 35). Females charged were mostly U.S. citizens (80%), with 6% having legal alien status and 14% having illegal alien status. Males charged were more evenly split between U.S. (55%) and non-U.S. citizens (45%). Among males, the most common countries of nationality apart from the United States included Mexico (35%), Central America (6%), the Caribbean (2%), and South America (1%). Among females, the most common countries of nationality apart from the United States were similar to that of males. They included Mexico (13%), Central America (2%), the Caribbean (2%), and South America (1%). Mexican nationals made up a declining number of noncitizens charged in U.S. district court from 2012 to 2014 ****************************************** In 2014, defendants with Mexican citizenship who were charged in U.S. district court decreased from 25,134 in 2012 to 20,139 in 2014. Central American defendants charged in federal court decreased modestly, from 3,481 defendants in 2012 to 3,188 defendants in 2014. Defendants from South America decreased from 763 in 2012 to 675 in 2014 (figure 18). ************************************ Defendants in cases terminated ************************************ 9 in 10 defendants adjudicated in U.S. district court in 2014 were convicted ********************************************** Of the 85,781 defendants adjudicated in 2014, 91% were convicted (table 14). More than 90% of all defendants charged with immigration (97%), sex (94%), weapons (93%), drug (93%), and violent (92%) offenses were convicted. In 2014, 89% of adjudicated defendants were convicted following a guilty plea. Three percent of defendants were adjudicated through a bench or jury trial. Adjudicated defendants charged with violent (7%) or regulatory (7%) offense had the highest percentage of trials in 2014. 9% of adjudicated defendants were dismissed in 2014 ************************************** Misdemeanants had the highest percentage of dismissals (28%), followed by defendants charged with regulatory (11%) and other property (9%) offenses. In 2014, defendants adjudicated in the southwest border districts had a higher conviction rate (96%) than defendants in nonborder districts (89%). In 2014, dismissals (304 days), acquittals (304 days), and guilty pleas (212 days) took less time to process from case filing to disposition than trials ending in conviction (516 days). *********************** Case processing time *********************** In 2014, a felony case took a median of 214 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 242 days in 2014 (figure 19). 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 from 184 days in 1994 to 214 days in 2014. Time to terminate a case by a bench or jury trial decision increased from 1994 to 2014 ********************************************** In 2014, felony cases terminated by a trial took a median of 488 days, a 78% increase from 274 days in 1994. Cases terminated by dismissal took a median of 334 days in 2014, up 50% from 223 days in 1994. The number of defendants who were found guilty following a trial declined by an annual average of 5% from 2010 to 2014, and the number of defendants who were found not guilty at trial decreased by 4% during this period. The number of guilty pleas decreased by an average annual rate of 3% from 2010 to 2014, while case dismissals decreased by 3% (table 15). *********************************************************************************************** ********************************************** The use of public defenders and appointed counsel increased with the growth in the federal criminal caseload ********************************************** The Criminal Justice Act (CJA) was enacted in 1964 (Title 18 U.S.C. § 3006A) and requires that attorneys be appointed to represent defendants unable to pay for their own counsel. The Defender Services Division of the Administrative Office of the U.S. Courts (AOUSC) oversees expenditures for federal defendants through two types of programs. The first type of program comprises panel attorneys who are appointed case-by-case by the court from a list of private attorneys. The second type draws from federal defender organizations, which can take one of two forms: federal public defender organizations staffed with federal government employees and headed by a public defender appointed by the court of appeals, or community defender organizations that are incorporated, nonprofit legal service organizations that receive grants from the AOUSC. At the end of their cases, more than three-quarters (78%) of federal defendants in 2014 were represented by public defenders or assigned counsel, up from more than half (54%) in 1994.*** Footnote 10 In this report, the type of counsel for federal defendants was the type at case termination. Other counsel may have represented the defendant earlier. Data describing counsel at filing or initiation were not used because they were incomplete or unavailable.*** For cases concluding in 2014, most defendants had some type of counsel ********************************************** Almost all (97%) of the more than 85,781 defendants in cases concluded in 2014 had some type of counsel, either hired or appointed. The remaining defendants (3%) waived representation or were self-represented in cases that were mostly misdemeanors. In 2014, public defenders represented 38% of defendants (up from 21% in 1994), panel-appointed attorneys represented 39% (up from 30% in 1994), and private attorneys represented 19% of defendants (down from 35% in 1994). From 1994 to 2014, the use of public defenders increased at an annual average rate of 5%, and the use of CJA attorneys increased at an annual average rate of 3%. Use of private attorneys decreased by an average of 1% from 1994 to 2014, and defendants waiving counsel or representing themselves decreased annually by 3% (figure 20). Growth in immigration cases increased public defender and panel-appointed attorney caseloads ************************************************** In 2014, defendants charged with immigration offenses made up the largest share of cases terminated with a public defender (43%), followed by drug offenses (15%) (table 16). Drug offenses (41%) made up the largest share of cases terminated with CJA attorneys, followed by immigration offenses (21%). Drug (35%) and property (26%) offense cases made up more than half of private counsel caseloads. Nearly all (97%) defendants that waived counsel were charged with misdemeanors. In 2014, about 42% of cases terminated with a public defender were in the five federal judicial districts along the U.S.-Mexico border ************************************************** Forty-two percent of cases terminated with a public defender in 2014 were in the U.S.-Mexico border districts. About 39% of cases terminated with a CJA attorney were also in the U.S.-Mexico border districts; most were in Arizona (15%). Eighteen percent of cases terminated with a private attorney were in the U.S.-Mexico border districts. The median days from filing to case termination was longest for cases involving private attorneys (304 days), followed by CJA attorneys (244 days). Cases handled by public defenders (153 days) had the shortest median case processing time in part due to the greater share of immigration cases, which were processed more quickly. *********************************************************************************** *************** Sentencing *************** ****************** Type of sentence ****************** 3 in 4 convicted defendants were sentenced to prison in 2014 ************************************************** Of the 78,155 defendants convicted in U.S. district court in 2014, more than three-quarters (78%) were sentenced to prison. This proportion was unchanged from 2010. In comparison, about a third (65%) of convicted defendants received a prison sentence in 1994. The number of persons who were sentenced to prison decreased from 69,494 in 2010 to 60,626 in both 2013 and 2014. 1 in 10 convicted defendants in 2014 were sentenced to a term of probation ************************************************** The number of persons sentenced to probation decreased an annual average of 16%, from 9,627 in 2010 to 8,275 in 2014. In 2014, 2% of defendants were ordered to pay a fine only. Persons receiving a fine-only sentence decreased from 2,758 in 2010 to 1,758 in 2014. In 2014, 9% of all convicted defendants received a suspended sentence, up from 8% of convicted defendants sentenced in 2010 (not shown). *************** Prison terms *************** Median prison terms increased slightly from 30 months in 2010 to 33 months in 2014 ************************************************** The median prison sentence for federal offenders increased from 30 months in 2010 to 33 months in 2014 (table 17). Drug offenders received a median prison sentence of 60 months in 2014, which was unchanged from 2010. Violent offenders received a median of 60 months in prison in 2014, down from 63 months in 2010. Weapons offenders received a median sentence of 57 months in 2014, down from 60 months in 2010. The median prison sentence was the same in 2010 and 2014 for immigration offenders (15 months). Defendants convicted and sentenced to prison in 2014 in the five southwest border districts received a median sentence of 18 months, compared to a median of 48 months in other districts. This was largely the result of the relatively higher percentage of immigration cases in the southwest districts. ************************* Sex offender sentences ************************* Median prison sentences for defendants convicted of sex offenses had the greatest increase from 1994 to 2014 The median prison sentence imposed on defendants convicted for a felony sex offense increased an annual average of 5%, from 36 months in 1994 to 90 months in 2014 (figure 21). In comparison, the median prison term imposed for weapons (57 months) and drug offenses (60 months) remained stable during this period. The median prison term imposed for immigration offenses decreased from 24 months in 1994 to 15 months in 2014. Defendants convicted of sex offenses were most likely to receive a prison sentence ************************************************** In 2014, sex offense convictions (96%) were the most likely to receive a prison sentence, followed by violent (93%), weapons (92%), and drug (89%) offense convictions. Seventy-nine percent of convicted immigration offenders were sentenced to prison in 2014, down from 82% in 2010. Defendants convicted of other property offenses (52%) and regulatory public order offenses (57%) were least likely to receive a prison sentence. Defendants convicted in one of the five southwest border districts (84%) were more likely to receive a prison sentence as defendants in all other districts (75%). ****************************** Federal prison population ****************************** ***************** Type of offense ***************** Most persons in federal prison in 2014 were incarcerated for a drug offense ********************************************** Drug offenses were the most prevalent offense type of prisoners in federal prison on September 30, 2014 (figure 22). Prisoners with a drug offense as the most serious commitment offense made up 49% of the prison population in 2014, down from 56% in 2004. Weapons offenders increased from 12% of the prison population in 2004 to 16% in 2014. The share of violent offenders in federal prison decreased from 8% in 2004 to 7% in 2014. Sex offenders increased from 2% of the prison population in 2004 to 7% in 2014. Immigration offenders made up 10% of the prison population in 2014, decreasing from 12% of the prison population in 2004. ***** Age ***** The federal prison population contained a higher percentage of older prisoners in 2014 than in 2004 ********************************************** The median age of prisoners was 39 years in 2014, compared to a median age of 36 years in 2004 (table 18). The number of prisoners age 65 or older more than doubled, from 2,137 prisoners in 2004 to 4,966 prisoners in 2014. Offenders age 60 and older made up about 6% of the total prison population in 2014, compared to 3% in 2004. ********** Gender ********** From 2004 to 2014, males, American Indian or Alaska Natives, and Hispanics in federal prison had the greatest average annual increases ********************************************** Males made up 94% of inmates in 2014. The average annual rate of growth from 2004 to 2014 was similar for males and females (up 2%). In 2014, 35% of the federal prison population was Hispanic, 35% was black, and 27% was white. American Indians or Alaska Natives (2%) and Asians (1%) made up the remainder of the prison population. American Indians or Alaska Natives and Hispanics shared the greatest average annual increase from 2004 to 2014 (3%). ************** Citizenship ************** In 2014, 1 in 4 federally sentenced prisoners in the BOP were non-U.S. citizens ********************************************** In 2014, 18% of federally sentenced prisoners were citizens of Mexico, 2% were citizens of Caribbean countries, 2% were citizens of Central America, and 1% were from South American countries. The proportion of noncitizens in federal prison decreased from 28% in 2004 to 25% in 2014. Noncitizens in federal prison with citizenship in a Central American country increased by an average of 8% annually from 2004 to 2014, while the average annual decline in prisoners who were citizens of Caribbean countries was 4%. The number of prisoners from South America declined an annual average of 5%, from 3,745 in 2004 to 2,291 in 2014. ****************** Race/ethnicity ****************** Mexican nationals made up 72% of noncitizens in federal prison at fiscal yearend 2014 ********************************************** Mexican nationals in federal prison increased from 27,664 prisoners in 2004 to 36,837 in 2013 and decreased to 33,512 in 2014. Mexican nationals made up 72% of noncitizens in federal prison at fiscal yearend 2014, up from 65% of noncitizens in prison in 2004. The number of Central American nationals in federal prison increased from 1,906 prisoners in 2004 to 4,136 in 2014. Caribbean nationals in federal prison declined from 6,638 in 2004 to 4,399 in 2014. Federal prisoners from South American countries declined from 3,745 in 2004 to 2,291 inmates in 2014. ************* Location ************* Six districts committed 26% of inmates in federal prison at yearend 2014 ********************************************** At yearend 2014, more than a quarter (26%) of inmates in federal prison came from six districts: Texas Southern (12,647), Texas Western (10,500), Arizona (8,694), Florida Southern (6,707), Florida Middle (6,002), and California Southern (5,699) (map 8). **************************** Supervised release/parole **************************** ****************************************** Offenders under federal post-conviction supervision ****************************************** 130,409 offenders were under active federal post-conviction supervision at fiscal yearend 2014 ********************************************** Eighty-five percent of offenders under federal post-conviction supervision in 2014 received one of two forms of supervision following release from prison: supervised release (109,287) or parole (1,368) (table 19). The remainder (19,754) were on probation supervision, which is a sentence to a term of supervision in the community with and without a subsequent confinement sentence. Among the 130,409 offenders under federal supervision at the end of fiscal year 2014, 82% were male and 18% were female. Females made up 15% of offenders under supervised release, 37% of offenders on probation, and 3% of offenders on parole supervision. White and black offenders made up the largest number of offenders on federal supervision ********************************************** White and black (36% each) offenders made up nearly three in four persons on post-conviction federal supervision on September 30, 2014. White offenders made up nearly half (47%) of offenders on probation. Black offenders made up 37% of offenders on supervised release. Asians made up 3% of persons on supervised release and 4% of persons on probation. Native Americans made up 2% of persons on supervised release and 3% of persons on probation. The median age was similar for offenders on supervised release (40 years old) or on probation (41 years old) and higher (54 years old) for persons on parole supervision. Seven percent of persons under federal post-conviction supervised release in the community in 2014 were non-U.S. citizens. Drug offenses made up a growing share of offenses committed by offenders under federal supervision, from 44% in 2004 to 48% in 2014 (figure 23). The percentage of fraud offenders under supervision decreased from 23% in 2004 to 17% in 2014. Weapons offenders under federal supervision increased from 7% in 2004 to 12% in 2014. ************************************************************************** ************************************* Supervising federal offenders in the community ************************************* The Administrative Office of the U.S. Courts oversees the supervision of federal offenders in the community. This includes persons released prior to trial and persons on supervision following conviction. U.S. probation and pretrial offices are located in 93 of the 94 federal judicial districts. Federal pretrial and probation officers monitor the compliance of offenders placed on supervision conditions ordered by the court. Violations include commission of a new federal, state, or local offense or violation of conditions of supervision. Examples of violations include prohibited possession of guns or other weapons, possession or use of illegal drugs, and contact with victims or witnesses. The court may order additional conditions depending on the offense and the offender, such as requiring that a person in the United States illegally be subject to deportation as a condition of release of supervision. ************************************************************************* ************************************* Offenders returning to federal prison from 1998 to 2014 ************************************* 15% of offenders released from federal prison in 2012 returned to federal prison within 3 years of release ********************************************** This section describes offenders returning to federal prison within 3 years of release.In 2012, 66,620 offenders were released from federal prison. Of those offenders, 15% (10,236) returned to federal prison within 3 years (figure 24). The proportion of offenders returning to federal prison within 3 years decreased from 18% of those released during 1998 to 15% of those released during 2012. Return-to-prison rates were highest for younger released offenders ********************************************** Offenders age 17 or younger (33%) and those ages 18 to 24 (22%) who were released in 2012 had the highest 3-year return-to-prison rates (figure 25). Of these returns, 50% were for a supervision violation and 48% were for a new court commitment. Among released prisoners ages 25 to 34, 18% returned to prison within 3 years, as did 14% of prisoners ages 35 to 44, 12% of prisoners ages 45 to 54, and 7% of prisoners ages 55 to 64. Four percent of released prisoners age 65 or older returned to prison within 3 years. Supervision violations was the most common reason for return to prison within 3 years ********************************************** A violation of conditions of supervision (50%) was the most common reason for federal prisoners released in 2012 to return to federal prison within 3 years, followed by returns for a new court commitment or new offense (46%) (table 20). Among males released in 2012 and returned to federal prison, 48% were for violations of supervision and 48% were for a new court commitment. In comparison, 76% of females returned to prison for supervision violations and 22% returned with a new court commitment. Males released in 2012 had a higher 3-year recidivism rate than females. Within 3 years of release, 16% of males had returned to prison, compared to 9% of females. American Indian or Alaska Native prisoners had the highest 3-year return-to-prison rate among all racial and ethnic groups ********************************************** Thirty-six percent of American Indian or Alaska Natives first released from federal prison in 2012 returned to federal prison within 3 years. Eighty-six percent of American Indians returned for a violation of supervision, and 14% were returned for a new court commitment. Asians released from federal prison in 2012 had the lowest rate of return within 3 years (6%). Ninety-five percent of Asians returned for a violation of supervision, and 4% were returned for a new court commitment. Black prisoners had the second highest 3-year return-to-prison rate (19%), with 72% returned for supervision violations and 12% returned for a new court commitment. Whites had a 14% return rate, with 82% returned for supervision violations and 17% returned for a new court commitment. Hispanics had a 14% return rate with 23% returned for supervision violations and 76% returned for a new court commitment. 17% of U.S. citizens and 13% of non-U.S. citizens released in 2012 returned to federal prison within 3 years ********************************************** Non-U.S. citizens (13%) had a lower 3-year return-to-prison rate than U.S. citizens (17%). The lower risk of return for non-U.S. citizens may have been a function of differences in how non-U.S. citizen offenders were handled following release. Most non-U.S. citizens were deported immediately after serving a federal prison term, while a small share of noncitizens were released to serve terms of federal supervision. About 9 in 10 noncitizens who returned to prison in a 3-year period following release were recommitted for a new court commitment, and 1 in 10 were returned for a supervision violation. Violent and weapons offenders returned to prison at higher rates than other offenders ********************************************** The 3-year return-to-prison rate was highest for violent (28%) and weapons (27%) offenders (table 21). Violent (82%) and weapons (84%) offenders were most likely to be returned for supervision violations. Immigration offenders were most likely to be returned for a new offense (86%). Because most immigrations offenders are deported after serving a federal sentence, most are returned to prison for illegally reentering the United States. Immigration offenders made up the largest group of recidivists ********************************************** Seventeen percent of immigration offenders released in 2012 were returned to federal prison within 3 years of release, representing 40% of all recidivists. In comparison, 27% of recidivists were drug offenders and 5% were violent offenders during the same period. Immigration offenders had the highest percentage of new offenses as a reason for returning to federal prison (86%). Fifteen percent of immigration offenders were returned for supervision violations. Immigration was the most common offense type among all returns for new offenses. Property (11%) and drug (12%) offenses had the lowest 3-year return-to-prison rate. Twenty-six percent of drug offenders released in 2012 were returned for a new offense, 60% were returned for a supervision violation, and 14% were returned for other reasons. Nineteen percent of property offenders were returned for a new offense, and 81% 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 southwestern United States ********************************************** The districts of Arizona (17%), Texas Southern (16%), and California Southern (13%) had the highest 3-year return-to-prison rates for a new court commitment among 2012 releasees (map 9). Both the release and return offenses in these districts were primarily for immigration. Among 2012 releasees, six districts had 3-year return-to-prison rates of 18% or more for supervision violations (map 10). Two of these districts were adjacent to one another: Montana (28%) and North Dakota (21%). These two districts also had the highest rates of return to federal prison. ************ Methodology ************ Background of the Federal Justice Statistics Program ******************************************** 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-- * applying, where possible, person-case as the primary unit of count (exceptions include at arrest where the unit of count is the individual suspect, at 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) * delineating fiscal year (October 1 through September 30) as the period for reported events * applying a uniform offense classification across agencies * 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. They represent the federal criminal case processing stages from arrest and prosecution through pretrial release, adjudication, sentencing, appeals, and corrections. ****************** FJSP data sources ****************** U.S. Marshals Service (USMS): The Justice Detainee Information System (JDIS) provides information on suspects arrested for federal offenses. Suspects may be counted more than once in a fiscal year if they are arrested multiple times during the period. The USMS uses the Prisoner Tracking System to track federal prisoners in custody of the Marshals Service and provides data from the JDIS. The JDIS consolidates information on prisoners who are in Marshals Service custody or who have a federal arrest warrant issued. Executive Office for U.S. Attorneys: The National LIONS (Legal Information Office Network System) 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 one 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. Administrative Office of the U.S. Courts (AOUSC): The 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. Offenses in the Probation and Pretrial Services Automated Case Tracking System (PACTS) database are based on the most serious charged offense, as determined by the probation officer responsible for interviewing the defendant. The probation officer classifies the major offense charged into AOUSC four-digit offense codes. For defendants charged with more than one offense on an indictment, the probation officer chooses as the major charged offense the one carrying the most severe penalty or, in the case of two or more charges carrying the same penalty, the one with the highest offense severity. The offense severity level is determined by the AOUSC, which ranks offenses according to the maximum sentence, type of crime, and maximum fine amount. These four-digit codes are then aggregated into the primary offense charges used for this report. This report also uses AOUSC data from the 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. Post-conviction data from the AOUSC’s Federal Probation Supervision Information System are used to describe immigration offenders under post-conviction supervision in the community. Federal Bureau of Prisons (BOP): The SENTRY database contains information on all federally 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 inmate count reported by the FJSP differs from what is reported by the BOP although the data are from the same source (SENTRY). For example, the BOP reports 214,149 inmates as of September 30, 2014. ***Footnote 11 See www.bop.gov/about/statistics/population_statistics.jsp.*** The FJSP starts with data extracted from SENTRY that differs slightly (down 300) from this total (213,849). Of the 213,849 records, 16,046 records were dropped because the inmate was not designated at an assigned BOP custodial facility. The excluded records include designations to community confinement, home confinement, hospital, Immigration and Customs Enforcement detention, material witness, and pre-sentence admission. Next, 662 were excluded due to missing obligation offense and 5,096 inmates were dropped as they were committed by the District of Columbia District Court. Finally, 549 inmate records were dropped because the inmate was a state boarder, treaty transfer, or serving a sentence from a military court commitment. Of the 213,849 inmates reported by the BOP in custody on September 30, 2014, 196,496 (90% of the total population) met the criteria as federally sentenced inmates (figure 26). *************************** Returns to federal prison *************************** Tracking recidivism rates involved identifying prisoners released from federal prison following a U.S. district court commitment between 1998 and 2014. The BOP’s SENTRY database was searched and identified a subsequent return to federal prison. Prisoners released in 2012 were the most recent cohort that could be tracked for 3 years following release (through September 30, 2015). 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 using the number of first releases. In 2012, there were 66,620 federally sentenced prisoners released from the BOP. 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 violation of supervision. Classification of sex offenses Sex offenses include all violent and nonviolent sex offenses. Violent sex offenses, either completed or attempted, include aggravated sexual abuse (18 USC 2241) and sexual abuse (18 USC 2242), defined as causing a person to engage in a sexual act by use of force, threat or fear or with a person who is unconscious, impaired due to drugs, intoxicants or other substances, or is otherwise incapable of declining participation); sexual abuse of a minor or ward (18 USC 2243); and abusive sexual contact (18 USC 2244), in which the person knowingly engages in or causes sexual contact with or by another person without that person’s permission or with a person under age 12. Nonviolent sex offenses include sexual exploitation of children and child pornography (18 USC 2251-2252A); coercing, enticing or transporting (interstate) of an individual (including minors) with the intent and purpose of engaging in prostitution or any sexual activity for which any person can be charged with a criminal offense (18 USC 2422); and possession with intent to sell or sales and distribution of obscene materials (18 USC 1460-1470). See the National Archive of Criminal Justice Data for a detailed crosswalk for codes used by U.S. Marshals, AOUSC, EOUSA, USSC, and BOP. ****************** Other resources ****************** Detailed data tables are available in Federal Justice Statistics,2013 - Statistical Tables (NCJ 249150, BJS web, February 2017) and Federal Justice Statistics, 2014 - Statistical Tables (NCJ 250183, BJS web, February 2017). FJSP data are also incorporated into the Federal Criminal Case Processing Statistics Tool, an interactive BJS web query tool that permits users to query the federal data and download the results as a spreadsheet. This query tool is available on the BJS website at www.bjs.gov. It 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 between 1998 and 2014. Users can also generate queries by title and section of the U.S. criminal code by processing stage between 1994 and 2014. ***************************************************************** 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. Jeri M. Mulrow is acting director. This report was written by Mark Motivans, Ph.D. Steven W. Perry verified the report. Brigitte Coulton, Caitlin Scoville, Monika Potemra, and Jill Thomas edited the report, Barbara Quinn and Amy Salsbury produced the report. March 2017, NCJ 249149 ***************************************************************** ***************************************************************** Office of Justice Programs Building Solutions • Supporting Communities • Advancing Justice www.ojp.usdoj.gov ***************************************************************** *************************************************** 12/2/2016/ JER/ 9:35AM Revised 3/2/2017 2:45pM **************************************************