U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Selected Findings Felony Sentences in State Courts, 2006 - Statistical Tables December 30, 2009 NCJ 226846 --------------------------------------------------------- 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 from: http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2152 --------------------------------------------------------- Sean Rosenmerkel, Matthew Durose and Donald Farole, Jr., Ph.D. BJS Statisticians The National Judicial Reporting Program (NJRP) compiles detailed information on the sentences that felons receive in state courts nationwide and on characteristics of the felons. The survey excludes federal courts and state or local courts that do not adjudicate adult felony cases. NJRP surveys have been conducted every 2 years since 1986. This publication presents findings from the 2006 survey. The 2006 NJRP was based on a sample of state courts in 300 counties selected to be nationally representative. The survey included offenses that state penal codes defined as felonies. Felonies are widely defined as crimes with the potential of being punished by more than 1 year in prison. In 2006, state courts sentenced an estimated 1,132,290 persons for a felony conviction. That total represents a 37% increase from the number of felony offenders sentenced in 1990. The number of sentenced felons in 2006 per 100,000 adult residents (18 or older) in the United States was 503. The corresponding rate in 1990 was 447. During this 16-year period, state courts experienced a rise in the average age of persons sentenced for a felony, a trend that is reflected in the overall U.S. population. In 1990, persons age 30 or older accounted for 74% of U.S. adult residents and 42% of felony offenders in state courts (not in table). By comparison, persons age 30 or older comprised 78% of the adult U.S. population in 2006 and 53% of felons sentenced in state courts that year. The average age of sentenced felons rose from 29 years in 1990 to 33 years in 2006. Highlights *In 2006 an estimated 69% of all persons convicted of a felony in state courts were sentenced to a period of confinement–41% to state prison and 28% to local jails. *State prison sentences averaged 4 years and 11 months in 2006. *Men (83%) accounted for a larger percentage of persons convicted of a felony, compared to their percentage (49%) of the adult population (not shown in table). *Most (94%) felony offenders sentenced in 2006 pleaded guilty. Section 1. Felony Sentences in State Court *State courts sentenced an estimated 1,132,290 persons for a felony in 2006, including 206,140 (or 18% of all felony convictions) for a violent felony (table 1.1). A drug crime was the most serious conviction offense for about a third of felons sentenced in state courts that year. *In 2006 an estimated 69% of all persons convicted of a felony in state courts were sentenced to a period of confinement—41% to state prison and 28% to local jails (table 1.2). Jail sentences are usually a year or less in a county or city facility, while prison sentences are usually more than a year and are served in a state facility. *Among persons sentenced for a felony in state courts nationwide in 2006, an estimated 27% received a probation sentence with no jail or prison time. Four percent of felons were not sentenced to any incarceration or probation, but received a sentence that included fines, restitution, treatment, community service, or some other penalty (for example, house arrest or periodic drug testing). *State prison sentences averaged 4 years and 11 months in 2006 (table 1.3). Persons convicted of a violent felony received the longest prison sentences in 2006, compared to property, drug, weapon, and other felonies. *Felony sentences to jail averaged 6 months (table 1.3). Among felons who were sentenced in state courts to probation and no incarceration, the average probation sentence was 3 years and 2 months. *Life sentences accounted for less than 1% (0.3%) of the 1.1 million felony sentences in state courts during 2006 (table 1.4). However, among the estimated 8,670 persons sentenced for murder or nonnegligent manslaughter that year, 23% received life in prison. *Among the estimated 460,000 persons sentenced to prison via state courts, 0.8% received life sentences (table 1.4). *In 2006 an estimated 38% of persons sentenced for a felony in state courts were ordered to pay a fine as part of their sentence (table 1.5). Approximately 1 in 4 property offenders was ordered to make restitution and 23% of offenders convicted of drug possession were sentenced to treatment. Approximately 1 in 5 rape offenders was sentenced to treatment. *State courts accounted for the vast majority of all felony sentences in the United States during 2006. According to the BJS Federal Justice Statistics Program, federal courts sentenced about 73,000 persons for a felony in 2006, which represented about 6% of the combined state and federal total (table 1.6). *The average felony sentence to incarceration (prison or jail) in state courts was about 3 years in 2006, compared to almost 5 years and 6 months in federal courts (table 1.6). Federal felony drug offenders received incarceration terms (7 years and 3 months) that were more than twice the length of incarceration terms of state felony drug offenders (2 years and 7 months). Statistical Tables - Sentences 1.1. Estimated number of felony convictions in state courts, 2006 1.2. Types of felony sentences imposed in state courts, by offense, 2006 1.2.1 Estimated number of felony convictions in state courts, by offense and type of sentence, 2006 1.3. Mean and median felony sentence lengths in state courts, by offense and type of sentence, 2006 1.4. Estimated percent of felons sentenced to life in state prison, by offense, 2006 1.5. Felons sentenced to an additional penalty in state courts, by offense, 2006 1.6. Comparison of felony convictions in state and federal courts, 2006 Section 2. Felony Offenses in State Court *In 2006 an estimated 93% of convicted felons were sentenced for a completed offense, and 7% were sentenced for an attempted offense (table 2.1). By definition, murders were completed crimes. *About 3 out of 4 felons sentenced in 2006 (77%) were sentenced for a single offense (table 2.2). An estimated 15% were sentenced for two felony offenses, and 7% were sentenced for three or more felonies. The overall number of conviction offenses totaled about 1.5 million for which 1,132,290 felons were sentenced in 2006 (not in table). *In 2006 the likelihood of receiving a state prison sentence was 37% for persons convicted of one felony, increasing to 51% for two felonies or 63% for three or more felonies (table 2.3). *The mean sentence to state prison in 2006 increased from 4 years and 2 months for those convicted of one felony to 6 years and 6 months for those convicted of two or more felonies (table 2.4). Statistical Tables - Offenses 2.1. Estimated percent of felons sentenced in state courts for a completed or attempted offense, 2006 2.2. Number of felony convictions for persons sentenced in state courts, by most serious offense, 2006 2.3. Convicted felons sentenced to prison in state courts, by number of convictions, 2006 2.4. Mean length of felony sentences imposed in state courts, by number of convictions and offense, 2006 Section 3. Felony Offenders in State Court *In 2006 persons in their twenties accounted for 40% of convicted felons, which was more than double their percentage of the U.S. adult population (18%) (table 3.1). The average age of persons sentenced for a felony in state courts in 2006 was 33 years. *Men (83%) accounted for a larger percentage of persons convicted of a felony (table 3.2), compared to their percentage (49%) of the adult population (not shown in table). Whites comprised 82% of adults in the U.S. population, compared to 60% of persons convicted of a felony. Blacks comprised 12% of the adult population, but 38% of convicted felons. *Females comprised a relatively large proportion of persons sentenced for a property crime in 2006—about 1 in 4—compared to the proportion of female felons sentenced for other crimes (table 3.2). Approximately 1 in 5 drug offenders and 1 in 10 violent offenders was female. *In 2006 an estimated 72% of males convicted of a felony in state courts were sentenced to either prison or jail, compared to 60% of females (table 3.3). *In 2006 similar proportions of whites (66%) and blacks (72%) convicted of a felony in state courts were sentenced to a period of confinement (table 3.4). *In 2006 men sentenced to state prison nationwide had an average sentence length of 5 years and 1 month, while women had an average prison sentence of 3 years and 9 months (table 3.5). *Among felony offenders sentenced to state prison during 2006, the average sentence received by blacks (5 years and 3 months) was not significantly different from the average sentence received by whites (5 years) (table 3.6). *Among females sentenced in state courts to straight probation with no jail or prison time to serve, the average probation term received by white and black offenders in 2006 was about 3 years (table 3.7). Statistical Tables - Offenders 3.1. Age of persons convicted of felonies in state courts, by offense, 2006 3.2. Gender and race of persons convicted of felonies in state courts, by offense, 2006 3.3. Types of felony sentences imposed in state courts, by offense and gender of felons, 2006 3.4. Types of felony sentences imposed in state courts, by offense and race of felons, 2006 3.5. Mean length of felony sentences imposed in state courts, by offense and gender of felons, 2006 3.6. Mean length of felony sentences imposed in state courts, by offense and race of felons, 2006 3.7. Mean length of felony sentences imposed in state courts, by offense and combined categories of race and gender, 2006 Section 4. Felony Adjudication in State Court *Most (94%) felony offenders sentenced in 2006 pleaded guilty (table 4.1). The rest were found guilty by a jury (4%) or by a judge in a bench trial (2%). Persons convicted of murder were the least likely to have pleaded guilty (61%) and the most likely to have been convicted in a trial (39%). *During 2006 an estimated 89% of persons who were convicted of a violent felony either by a jury or judge were sentenced to time in prison or jail, compared to 76% of violent offenders who pleaded guilty (table 4.2). *Prison sentences imposed in state courts were longer for felons convicted in a trial (8 years and 4 months) than for felons who pleaded guilty (3 years and 11 months) in 2006 (table 4.3). *Among persons convicted of murder or nonnegligent manslaughter, sentences to life in prison or death occurred more often in trial convictions (47%) than in guilty pleas (13%) in 2006 (table 4.4). *Among felons sentenced in state courts during 2006, an estimated 4% were sentenced within 1 month following their arrest, 14% were sentenced within 3 months of their arrest, 33% were sentenced within 6 months of their arrest, and 67% were sentenced within 12 months of their arrest (table 4.5). The median time from arrest to sentencing for all felony convictions was 265 days. The median days from arrest to sentencing was longest for murder (505 days) and sexual assault (348 days) convictions. Statistical Tables - Adjudication 4.1. Types of felony convictions in state courts, by offense, 2006 4.2. Types of felony sentences imposed in state courts, by offense and type of conviction, 2006 4.3. Mean length of felony sentences imposed in state courts, by offense and type of conviction, 2006 4.4. Types of sentences imposed on felons convicted of murder or nonnegligent manslaughter, by type of conviction, 2006 4.5. Time between arrest and sentencing for persons convicted of a felony in state courts, by offense, 2006 Methodology Targeted population Through a nationally representative sample of state courts, the 2006 National Judicial Reporting Program (NJRP) compiled individual-level data on felony sentences that occurred in calendar year 2006. Because the year of conviction was not a defining characteristic, some cases in the sample were of persons convicted before 2006 but not sentenced until 2006. If the same person was sentenced for a felony more than once during the reporting period, then each event was counted separately. The survey targeted and recorded initial sentences imposed during 2006. If a person received prison but the judge suspended that sentence on the same day, the sentence was coded as probation because that was the actual sentence. Any change to a sentence after the initial sentencing date (such as probation revocation) was ignored. Sampling The same sample of 300 counties drawn for the 2002 survey was used in the 2004 and 2006 surveys. While there were 3,141 counties or county equivalents in the nation in 2002, 36 reported their NJRP data in combination with another county or county equivalent. This left 3,105 jurisdictions to be divided into 20 strata. Each county was assigned to one stratum by meeting the conditions for that stratum. The survey used a stratified cluster sampling design. The largest 75 counties in the United States (as defined by the 2000 resident population) were separated from the 3,105 jurisdictions (appendix table). Each state was then assigned a cost-factor (1, 3, or 5) which reflected the overall cost of collecting their 2000 NJRP data. Counties in states where data collection is not costly were assigned a 1. Counties in states where data collection is moderately costly were assigned a 3. Counties in states where data collection is costly were assigned a 5. Counties in each cost-factor group were then separated into categories based on the size of their 2000 population. Among the nation's largest 75 counties, those assigned a cost-factor 1 were separated into 2 strata (defined by year 2000 population size), cost-factor 3 counties remained in one stratum, and cost-factor 5 counties were separated into 2 strata (defined by year 2000 population size). Among counties that were not one of the nation's largest 75, those assigned a cost-factor of 1 were separated into 5 strata (defined by year 2000 population size). Cost-factor 3 counties were separated into 4 strata (defined by year 2000 population size), and cost-factor 5 counties were separated into 5 strata (defined by year 2000 population size). Because the 75 largest counties account for a disproportionately large amount of serious crime in the Nation, they were given a greater chance of being selected than the remaining counties. Altogether, 58 out of the 75 largest counties were sampled. All 36 counties in strata 0, 11, and 12 were selected for the sample. Strata 31, 51, and 52 consisted of the remaining 22 counties sampled from the largest 75 counties. Strata 111, 112, 113, 114, 115, 131, 132, 133, 134, 151, 152, 153, 154, and 155 included 242 counties sampled from among the 3,030 not among the 75 largest. The final sample thus included 300 counties (58 out of the 75 largest counties, and 242 out of the remaining 3,030 counties). Seven of the 300 counties did not participate and were replaced by other counties. The 300 included at least one county from every state except, by chance, Nevada, South Dakota, and Wyoming. Two of the 300 had no felony convictions during the 2006 survey period. In total, the 2006 survey obtained case-level data on 494,055 convicted felons in 300 counties selected to represent the estimated 1,132,292 persons convicted of a felony in state courts that year. Of these sampled cases, 344,147 were in the 75 largest counties. The 36 sampled counties in strata 0, 11, and 12 were self-representing only, and their sampled cases therefore had a sampling weight of 1. The remaining strata were selected to represent their respective strata so that the sampled felony conviction cases had weights greater than 1. Sampling error NJRP data were obtained from a sample and not from a complete enumeration; consequently, they are subject to sampling error. A standard error, which is a measure of sampling error, is associated with each number in these statistical tables. In general, if the difference between two numbers is at least twice the standard error of that difference, there is at least 95% confidence that the two numbers do in fact differ; that is, the apparent difference is not simply the result of surveying a sample rather than the entire population. All differences discussed in this report were statistically significant at or above the 95% confidence interval. Sources of data State courts were the source of NJRP data for about 44% of the 300 counties sampled. For other counties, sources included prosecutors' offices, sentencing commissions, and statistical agencies. For 298 of the 300 counties sampled, individuallevel NJRP records were obtained in electronic format. The other two jurisdictions provided data through photocopies of official documents. All data were collected and processed by the U.S. Census Bureau. Resident population estimates were obtained from the National Center for Health Statistics. Bridged-race intercensal estimates for 1990 through 1999 for United States resident population by county, single-year of age, sex, race, and Hispanic origin, were prepared by the U.S. Census Bureau with support from the National Cancer Institute. Data are available on the Internet at (released on July 26, 2004). Estimates of the resident population of the United States for 2000 through 2007, by year, county, age, bridged race, Hispanic origin, and sex (vintage 2007) were prepared under a collaborative arrangement with the U.S. Census Bureau; released August 7, 2008. Data are available on the Internet at: (accessed September 5, 2008). Missing data Not all jurisdictions were able to provide data for 2006. Data from 12 Minnesota counties for the 2006 survey pertain to sentences imposed in 2005. Fifteen additional counties were unable to provide complete data files for the 2006 survey— San Bernardino, Sonoma, and Ventura Counties, California; Boulder, Colorado; Duval, Florida; DuPage, Illinois; Cumberland, Maine; Belknap, New Hampshire; Putnam, West Virginia; and Canadian, Comanche, McClain, Rogers, Tulsa, and Washington Counties, Oklahoma. Consequently, the latest available data for these jurisdictions were used in place of the 2006 data. For 14 of the 15 counties, files submitted for the 2004 NJRP were used for the 2006 survey. Data submitted for the 2002 NJRP were used for San Bernardino County. Sentencing data obtained from Montgomery County, Ohio, were not submitted electronically and required manual coding. To expedite data processing, a systematic sample of cases was drawn from the court records. Percentages are based on reported data only. However, estimated numbers in table 1.2.1 are adjusted for cases missing a designation of sentence type. The proportion of cases with valid data are presented in the footnotes of each table Crime definitions Aggravated assault: Aggravated assault is (1) intentionally and without legal justification causing serious bodily injury with or without a deadly weapon or (2) using a deadly or dangerous weapon to threaten, attempt, or cause bodily injury, regardless of the degree of injury. Aggravated assault includes attempted murder, aggravated battery, felonious assault, and assault with a deadly weapon. Burglary: Burglary is the unlawful entry of a fixed structure used for regular residence, industry, or business, with or without the use of force, to commit a felony or theft. Burglary includes attempts. Drug possession: Drug possession includes possession of an illegal drug, but excludes possession with intent to sell drugs. Drug possession includes attempts. Drug trafficking: Drug trafficking includes manufacturing, distributing, selling, smuggling, and possession with intent to sell drugs. Drug trafficking includes attempts. Fraud, forgery, and embezzlement: Fraud, forgery, and embezzlement includes using deceit or intentional misrepresentation to unlawfully deprive a person of his or her property or legal rights. Fraud, forgery, and embezzlement includes offenses such as check fraud, confidence games, counterfeiting, and credit card fraud. Fraud, forgery, and embezzlement includes attempts. Larceny: Larceny is the unlawful taking of property from the possession of another, by stealth, without force or deceit. Larceny includes pocket picking, nonforcible purse snatching, shoplifting, and thefts from motor vehicles. Larceny excludes motor vehicle theft, receiving or reselling stolen property (fencing), and thefts through fraud or deceit. Larceny includes attempts. Motor vehicle theft: Motor vehicle theft is the attempted or actual unlawful taking of a self-propelled road vehicle owned by another. Includes the theft of automobiles, trucks, and motorcycles, but not the theft of boats, aircraft, or farm equipment (classified as larceny/theft). Also includes receiving, possessing, stripping, transporting, and reselling stolen vehicles, and unauthorized use of a vehicle (joyriding). Murder: Murder is (1) intentionally causing the death of another person without extreme provocation or legal justification or (2) causing the death of another while committing or attempting to commit another crime. Nonnegligent (or voluntary) manslaughter: Nonnegligent manslaughter is intentionally and without legal justification causing the death of another when acting under extreme provocation. The combined category of murder and nonnegligent manslaughter excludes involuntary or negligent manslaughter, conspiracies to commit murder, solicitation of murder, and attempted murder. Other specified offenses: This category includes all felony offenses not included in other categories of this list, such as receiving stolen property, driving while intoxicated or other traffic offenses, bribery, obstructing justice, escaping from custody, family offenses (such as child neglect, contributing to the delinquency of a minor, nonpayment of child support), and nonviolent sexual offenses (such as pornography offenses, pimping, prostitution). Other specified offenses include attempts to commit any of the felonies included in the category. Other violent: Other violent offenses includes completed and attempted offenses such as kidnapping, extortion, and negligent manslaughter. Murder, nonnegligent manslaughter, rape, other sexual assault, robbery, and aggravated assault are excluded. Rape and other sexual assault: Rape is forcible intercourse (vaginal, anal, or oral) with a female or male. Includes forcible sodomy or penetration with a foreign object (sometimes called “deviate sexual assault”); excludes statutory rape or any other nonforcible sexual acts with a minor or with someone unable to give legal or factual consent. Rape includes attempts. Other sexual assault includes (1) forcible or violent sexual acts not involving intercourse with an adult or minor, (2) nonforcible sexual acts with a minor (such as statutory rape or incest with a minor), and (3) nonforcible sexual acts with someone unable to give legal or factual consent because of mental or physical defect or intoxication. Other sexual assault includes attempts. Robbery: Robbery is the unlawful taking of property that is in the immediate possession of another by force or the threat of force. Robbery includes forcible purse snatching, but excludes nonforcible purse snatching, which is classified as larceny or theft. Robbery includes attempts. Weapon offenses: Weapon offenses include unlawful sale, distribution, manufacture, alteration, transportation, possession, or use of a deadly or dangerous weapon or accessory. ------------------------------------------------------------ The Bureau of Justice Statistics is the statistics agency of the U.S. Department of Justice. Michael D. Sinclair is acting director. These Statistical Tables present the first release of findings from permanent data collection programs. Sean P. Rosenmerkel, Matthew R. Durose, and Donald J. Farole, Jr., Ph.D. wrote this Bulletin. Tracey Kyckelhahn verified the report. Data collection and processing were performed by Raymond Goode, Janean Darden, and Andrea Arroyo under the supervision of Latrice Brogsdale-Davis of the Governments Division of the U.S. Census Bureau. Jill Duncan and Catherine Bird edited the report, Tina Dorsey produced the report, and Jayne Robinson prepared the report for final printing under the supervision of Doris J. James. December 2009, NCJ 226846 --------------------------------------------------------- --------------------------------------------------------- This report in portable document format and in ASCII and its related statistical data and tables are available at the BJS World Wide Web Internet site: --------------------------------------------------------- Office of Justice Programs Innovation • Partnerships • Safer Neighborhoods http://www.ojp.usdoj.gov --------------------------------------------------------- 12/27/09 tmk