Felony Sentences in the United States, 1996 U.S. Department of Justice Bureau of Justice Statistics July 1999, NCJ 175045 This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#fsus By Jodi M. Brown and Patrick A. Langan, Ph.D. BJS Statisticians *********************************************** ********** Highlights ********** In 1996 Federal courts convicted 43,839 persons of violent, property, drug, and other felonies. State courts convicted 997,970, bringing the combined U.S. total to 1,041,809 felons convicted. Felony convictions, 1990-96 The 1,041,809 felony convictions in State and Federal courts in 1996 were 20% greater than the 866,028 in 1990 (table 1). Table 1. Convictions in State and Federal courts, 1990,1992,1994, and 1996 Number of convictions Total State Federal 1996 1,041,809 997,970 43,839 1994 911,842 872,218 39,624 1992 935,303 893,630 41,673 1990 866,028 829,344 36,684 Overall percent change 1894 20.3% 20.3% 19.5% Annual percent change 1894 3.1% 3.1% 3.0% 1898 6.9 7 5.2 1898 -1.3 -1.2 -2.5 1898 3.9 3.8 6.6 That 20% percent growth represents an average annual growth of 3%. Between 1992 and 1996 the total number of felony convictions increased 11% (or 3% annually). Between 1994 and 1996 the total number of felony convictions increased 14% (or 7% annually). This increase is a result of an almost 11% growth in felony convictions in Federal courts and 14% in State courts. * 1996 was the first year State and Federal courts convicted a combined total of over 1 million adults of felonies. * In 1996 Federal courts convicted 43,839 persons of violent, property, drug, and other felonies. State courts convicted 997,970, bringing the combined U.S. total to 1,041,809 felony convictions. Federal courts accounted for 4% of the national total. * Between 1994 and 1996 the total number of felony convictions increased 14% in State courts and 11% in Federal courts. * In 1996 State and Federal courts together imposed a prison sentence on 39% of all persons convicted of a felony. Federal courts sentenced 64% of felons to prison; and State courts, 38%. * State and Federal courts together sentenced to prison 57% of the 170,400 felons convicted of a violent crime in 1996. * In 1996 the average prison sentence imposed was about 5 years in State courts and 6« years in Federal courts. **************************************** In 1996, 38% of felons convicted in State courts, compared to 64% of felons convicted in Federal courts, were sentenced to prison Percent sentenced State Federal courts courts Prison 38% 64% Jail 31 16 Probation 31 20 **************************************** ****************End of Highlights**************** *************************** Combined volume of State and Federal felony convictions *************************** Of the 1,041,809 total felony convictions in 1996, State courts accounted for about 96% and Federal courts accounted for about 4% (table 2). ************************************************************************ Table 2. Number of felony convictions in State and Federal courts, 1996 Federal felony Most serious Felony convictions convictions as conviction offense Total State Federal percent of total All offenses 1,041,809 997,970 43,839 4.2% Violent offenses 170,361 167,824 2,537 1.5% Murdera 11,766 11,430 336 2.9 Sexual assault/b 30,266 30,057 209 0.7 Robbery 44,388 42,831 1,557 3.5 Aggravated assault 69,808 69,522 286 0.4 Other violent/c 14,133 13,984 149 1.1 Property offenses 309,289 298,631 10,658 3.4% Burglary 93,268 93,197 71 0.1 Larceny/d 124,658 123,201 1,457 1.2 Motor vehicle theft 17,921 17,794 127 0.7 Other theft 106,736 105,406 1,330 1.2 Fraud/forgery/e 91,363 82,233 9,130 10 Fraud/e 49,553 41,480 8,073 16.3 Forgery 41,810 40,753 1,057 2.5 Drug offenses 365,819 347,774 18,045 4.9% Possession 136,016 135,270 746 0.5 Trafficking 229,803 212,504 17,299 7.5 Weapons offenses 36,647 33,337 3,310 9.0% Other offenses/f 159,693 150,404 9,289 5.8% a/Does not include negligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping. d/Includes motor vehicle theft. e/Includes embezzlement. f/Composed of nonviolent offenses such as receiving stolen property and immigration offenses. *********************************************************************** Federal courts accounted for few of the Nation's violent felony convictions (1.5%) but a relatively large fraction of convictions for fraud and embezzlement (16%), weapons offenses (9%), and drug trafficking (7.5%). State and Federal courts together convicted 170,361 persons of a violent felony and more than twice that number, 365,819, of a drug felony. Convictions for drug offenses comprised 35% of the national total, while convictions for violent crime comprised 6% (see page 3). The most frequent violent offense, aggravated assault, comprised 7%. ******************************* Comparison of State and Federal sentences for felonies ******************************* Three types of sentences -- prison confinement (usually for a year or more), jail confinement (usually for under a year), and pro- bation -- account for virtually all of the sentences that State and Federal courts impose as punishment for a felony conviction. Probation is a sentence involving supervised release under conditions specified by the court and takes two forms: straight probation and a split sentence. Straight probation is probation with no confinement, and a split sentence is probation combined with confinement (usually short-term). In most States the place of confinement is a local facility for a jail sentence and a State facility for a prison sentence. The Federal system has no equivalent of a local jail. To make Federal sentences more comparable to State sentences, this report calls Federal incarceration sentences of 1 year or less "jail," and Federal sentences over a year "prison." Nevertheless, State and Federal sentences are not completely comparable, largely because of differences between the types of offenses processed in State and Federal courts. ****************************************************************************** Percent of convicted felony defendants in 1996 Most serious Felony convictions Prison sentences Jail sentences Probation sentences conviction offenses Total State Federal Total State Federal Total State Federal Total State Federal All offenses 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Violent offenses 16.4% 16.8% 5.8% 23.9% 25.1% 7.7% 11.9% 12.1% 2.6% 11.2% 11.4% 2.4% Murder/a 1.1 1.1 0.8 2.6 2.8 0.9 0.1 0.1 0.6 0.2 0.2 0.4 Sexual assault/b 2.9 3.0 0.5 4.7 5.0 0.6 1.6 1.6 0.2 2.0 2.0 0.3 Robbery 4.3 4.3 3.6 8.0 8.2 5.2 2.0 2.0 0.7 1.7 1.7 0.6 Aggravated assault 6.7 7.0 0.7 7.2 7.7 0.5 6.7 6.8 0.9 6.1 6.3 0.9 Other violent/c 1.4 1.4 0.3 1.3 1.4 0.4 1.6 1.6 0.2 1.2 1.2 0.1 Property offenses 29.7% 29.9% 24.3% 25.7% 26.8% 10.9% 27.8% 27.5% 43.6% 36.5% 36.1% 51.3% Burglary 9.0 9.3 0.2 10.4 11.1 0.1 7.7 7.8 0.2 8.4 8.6 0.2 Larceny/d 12.0 12.3 3.3 9.5 10.1 1.4 12.9 13.0 5.2 14.1 14.3 7.8 Motor vehicle theft 1.7 1.8 0.3 1.5 1.6 0.3 2.4 2.4 0.4 1.4 1.5 0.3 Other theft 10.2 10.6 3.0 8.1 8.6 1.2 10.5 10.6 4.8 12.7 12.9 7.5 Fraud/forgery/e 8.8 8.2 20.8 5.8 5.5 9.4 7.3 6.6 38.2 13.9 13.1 43.2 Fraud/e 4.8 4.2 18.4 2.6 2.2 8.3 4.0 3.4 33.6 8.1 7.3 38.4 Forgery 4.0 4.1 2.4 3.2 3.3 1.1 3.3 3.2 4.6 5.8 5.8 4.8 Drug offenses 35.1% 34.8% 41.2% 33.9% 32.4% 54.4% 41.2% 41.7% 18.8% 30.8% 31.2% 17.2% Possession 13.1 13.6 1.7 9.7 10.3 2.1 18.0 18.4 0.7 12.5 2.9 1.2 Trafficking 22.1 21.3 39.5 24.2 22.1 52.2 23.2 23.3 18.1 18.3 18.3 16.0 Weapons offenses 3.5% 3.3% 7.6% 4.0% 3.5% 10.1% 3.0% 3.0% 3.1% 3.5% 3.5% 3.2% Other offenses/f 15.3% 15.1% 21.2% 12.6% 12.2% 17.0% 16.1% 15.7% 31.9% 18.1% 17.9% 26.0% a/Does not include negligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping. d/Includes motor vehicle theft. e/Includes embezzlement. f/Composed of nonviolent offenses such as receiving stolen property and immigration offenses. **************************************** Comparison of State and Federal offenses **************************************** Violent crimes comprised 17% of felony convictions in State courts, but only 6% of those in Federal courts. Similarly, violent crimes comprised 25% of State prison sentences but 8% of Federal prison sentences. Drug offenses comprised 35% of felony convictions in State courts but 41% of those in Federal courts. Similarly, drug crimes comprised 32% of State prison sentences but 54% of Federal prison sentences. Within offense groupings, the offense composition is not similar between State and Federal courts. For example, robbery comprised 61% of violent Federal convictions but 26% of violent State convictions. Similarly, forgery, fraud, and embezzlement comprised about 86% of Federal convictions for property crimes but about 28% of State convictions for property crimes. Individual offense categories also differ. For example, Federal offenses labeled robbery are almost exclusively bank robberies (over 95%), while State robbery offenses seldom include those of banks. Federal weapons offenses may entail importation or manufacture of large quantities of weapons. However, like State weapons offenses, Federal weapons offenses typically involve a single firearm. ********************************************************************************************************************** ******************************** Felony sentences in the Nation's combined State and Federal courts ******************************** State and Federal courts imposed the most severe sentence, prison, on 39% of convicted felons nationwide in 1996 (table 3). **************************************************************************************** Table 3. Types of felony sentences imposed by State and Federal courts, by offense category, 1996 Percent of felons sentenced to- Most serious Incarceration Straight conviction offense Total Total Prison Jail probation All offenses State and Federal 100% 69% 39% 30% 31% State 100 69 38 31 31 Federal 100 80 64 16 20 Violent offenses/a State and Federal 100% 79% 57% 22% 21% State 100 79 57 22 21 Federal 100 92 85 7 8 Property offenses/b State and Federal 100% 62% 34% 28% 38% State 100 62 34 28 38 Federal 100 58 29 29 42 Drug offenses/c State and Federal 100% 73% 38% 35% 27% State 100 72 35 37 28 Federal 100 92 84 7 8 Weapons offenses State and Federal 100% 69% 44% 25% 31% State 100 67 40 27 33 Federal 100 92 85 7 8 Other offenses/d State and Federal 100% 63% 32% 31% 37% State 100 63 31 32 37 Federal 100 75 51 24 25 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Both State and Federal sentences included a small number not designated as prison, jail, or probation. The table classifies them under probation. a/Includes murder, sexual assault, robbery, aggravated assault, and other violent. b/Includes burglary, larceny, motor vehicle theft, forgery, fraud, and embezzlement. c/Includes drug trafficking and drug possession. d/Composed of nonviolent offenses such as receiving stolen property and immigration offenses. ******************************************************************************************** Another 30% of convicted felons received a jail sentence. The remaining 31% received straight probation. In 1996, 38% of felons convicted in State courts were sentenced to prison, down from the 46% in 1990, the 44% in 1992, and the 45% in 1994. By comparison, 64% of felons convicted in Federal courts were sentenced to prison, up from 54% in 1990, 59% in 1992, and 62% in 1994. Overall, prison was the sentence imposed on more than half of the felons convicted of these offenses: murder/manslaughter (91%), sexual assault (63%), and robbery (74%) (tables 4-6). Forgery, fraud, and embezzlement were the offenses most likely to receive straight probation (49%), the least severe penalty. ******************************************************************************************* Table 4. Type of State and Federal felony sentences, by violent offenses, 1996 Percent of felons sentenced to - Most serious Incarceration Straight violent offense Total Total Prison Jail probation Murder/manslaughter/a State and Federal 100% 95% 91% 3% 5% State 100 95 92 3 5 Federal 100 89 76 13 11 Sexual assault/b State and Federal 100% 79% 63% 16% 21% State 100 79 63 16 21 Federal 100 88 81 7 12 Robbery State and Federal 100% 88% 74% 14% 12% State 100 87 73 14 13 Federal 100 96 93 3 4 Aggravated assault State and Federal 100% 72% 42% 30% 28% State 100 72 42 30 28 Federal 100 72 50 22 28 Other violent/c State and Federal 100% 73% 39% 34% 27% State 100 73 38 34 27 Federal 100 93 83 11 7 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Both State and Federal sentences included a small number not designated as prison, jail, or probation. The table classifies them under probation. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter, and kidnaping. **************************************************************************************************** Table 5. Type of State and Federal felony sentences, by property offenses, Percent of felons sentenced to - Most serious Incarceration Straight property offense Total Total Prison Jail probation Burglary State and Federal 100% 71% 45% 26% 29% State 100 71 45 26 29 Federal 100 75 56 18 25 Larceny State and Federal 100% 63% 31% 32% 37% State 100 63 31 32 37 Federal 100 53 27 25 47 Motor vehicle theft State and Federal 100% 74% 33% 41% 26% State 100 74 33 41 26 Federal 100 76 56 20 24 Other theft State and Federal 100% 62% 31% 31% 38% State 100 62 31 31 38 Federal 100 50 25 26 50 Fraud/forgery* State and Federal 100% 51% 26% 25% 49% State 100 50 26 24 50 Federal 100 58 29 30 42 Fraud* State and Federal 100% 47% 22% 25% 53% State 100 45 20 25 55 Federal 100 58 29 29 42 Forgery State and Federal 100% 55% 31% 24% 45% State 100 55 31 24 45 Federal 100 60 29 30 40 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Both State and Federal sentences included a small number not designated as prison, jail, or probation. The table classifies them under probation. *Includes embezzlement. ******************************************************************************************************* Table 6. Type of State and Federal felony sentences, by drug offenses, 1996 Percent of felons sentenced to - Most serious Incarceration Straight drug offense Total Total Prison Jail probation Possession State and Federal 100% 70% 29% 41% 30% State 100 70 29 41 30 Federal 100 86 79 7 14 Trafficking State and Federal 100% 74% 43% 31% 26% State 100 73 39 33 27 Federal 100 92 84 7 8 . Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Both State and Federal sentences included a small number not designated as prison, jail, or probation. The table classifies them under probation. ********************************************************************************************************** ************** Drug traffickers and violent offenders: 1996 felony sentences compared Federal courts sentenced convicted drug traffickers almost as severely as convicted violent offenders: * 84% of drug traffickers and 85% of violent offenders received a prison sentence (tables 3 and 6) * Average prison sentences were about a year and a half longer for violent offenders than drug traffickers (tables 7 and 10). Felony drug traffickers and violent offenders in State and Federal courts Percent sentenced to prison State Federal Drug traffickers 39% 84% Violent offenders 57 85 Average prison sentence length State Federal Drug traffickers 55 mo 89 mo Violent offenders 105 107 State courts nationwide sentenced convicted violent offenders more severely than convicted drug traffickers: * 39% of drug traffickers and 57% of violent offenders received a prison sentence (tables 3 and 6). * Average prison sentences were over 4 years longer for violent offenders than drug traffickers (tables 7 and 10). Not all State courts in 1996 sentenced violent offenders more severely than drug traffickers. Among a sample of 162 State courts that had sizable number of both convicted violent offenders and convicted drug traffickers (at least 50 of each in 1996), 15% of the courts sentenced a larger fraction of drug traffickers than violent offenders State prison. However, in only about 6% of the 162 courts were the prison sentences, on average, longer for drug traffickers than violent offenders. ************************ Average sentence lengths ************************ ****************************************************************************************************** Felons sent to State and Federal prisons had an average imposed sentence length of just over 5 years. Table 7. Length of felony sentences imposed by State and Federal courts, by offense category, 1996 Mean maximum sentence length in months for felons sentenced to - Most serious Incarceration Straight conviction offense Total Prison Jail probation All offenses State and Federal 39 mo 63 mo 6 mo 41 mo State 38 62 6 41 Federal 64 78 7 39 Violent offenses/a State and Federal 78 mo 105 mo 7 mo 48 mo State 78 105 7 48 Federal 99 107 8 42 Property offenses/b State and Federal 29 mo 49 mo 6 mo 40 mo State 30 49 6 40 Federal 21 35 7 39 Drug offenses/c State and Federal 32 mo 55 mo 6 mo 42 mo State 28 51 6 42 Federal 83 89 9 42 Weapons offenses State and Federal 38 mo 56 mo 6 mo 35 mo State 29 45 5 35 Federal 100 107 8 40 Other offenses/d State and Federal 25 mo 42 mo 6 mo 40 mo State 24 42 6 40 Federal 31 42 6 36 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Both State and Federal sentences included designated as prison, jail, or probation. The table classifies them under probation. a/Includes murder, sexual assault, robbery, aggravated assault, and other violent. b/Includes burglary, larceny, motor vehicle theft, forgery, fraud, and embezzlement. c/Includes drug trafficking and drug possession. d/Composed of nonviolent offenses such as receiving stolen property and immigration offenses. ******************************************************************************************************** Those sent to jail had an average sentence of 6 months. Straight probation sentences had an average length of about 3« years. In 1996 the average prison sentence imposed by State courts was just over 5 years; the average imposed by Federal courts was 6 years. While these averages differ slightly from those in 1990, 1992, and 1994, the direction of the changes after 1990 were not consistently toward either longer or shorter sentences. Unlike jail sentence lengths, which generally varied little from the 6-month overall national average, prison sentence lengths varied widely from offense to offense (tables 8-10). *************************************************************************************** Table 8. Length of felony sentences imposed by State and Federal courts, by violent offenses, 1996 Mean maximum sentence length in months for felons sentenced to - Most serious Incarceration Straight conviction offense Total Prison Jail probation Murder/manslaughter/a State and Federal 244 mo 253 mo 8 mo 71 mo State 249 257 8 72 Federal 110 128 8 44 Sexual assault/b State and Federal 98 mo 119 mo 8 mo 66 mo State 98 120 8 66 Federal 73 79 9 45 Robbery State and Federal 88 mo 101 mo 10 mo 52 mo State 87 101 10 52 Federal 107 110 8 43 Aggravated assault State and Federal 43 mo 69 mo 6 mo 41 mo State 43 69 6 41 Federal 34 46 7 40 Other violent/c State and Federal 35 mo 61 mo 6 mo 44 mo State 34 59 6 44 Federal 124 141 6 40 Note: For persons receiving a combination of sentences, the sentences designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Mean sentence lengths exclude sentences to death or to life in prison. a/Includes nonnegligent manslaughter. b/Includes rape. C/Includes offenses such as negligent manslaughter and kidnaping. Table 9. Length of felony sentences imposed by State and Federal courts, by property offenses, 1996 Mean maximum sentence length in months for felons sentenced to - Most serious Incarceration Straight property offense Total Prison Jail probation Burglary State and Federal 41 mo 60 mo 6 mo 46 mo State 41 60 6 46 Federal 27 34 7 38 Larceny State and Federal 22 mo 40 mo 6 mo 38 mo State 22 40 6 38 Federal 24 40 7 38 Motor vehicle theft State and Federal 22 mo 42 mo 6 mo 36 mo State 22 42 6 36 Federal 37 48 7 36 Other theft State and Federal 23 mo 39 mo 6 mo 38 mo State 23 39 6 38 Federal 22 39 7 38 Fraud/forgery* State and Federal 24 mo 42 mo 5 mo 39 mo State 24 43 5 39 Federal 20 35 7 40 Fraud* State and Federal 22 mo 42 mo 5 mo 38 mo State 22 43 4 38 Federal 21 35 7 40 Forgery State and Federal 26 mo 42 mo 6 mo 41 mo State 26 42 6 41 Federal 18 29 7 38 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Mean sentence lengths exclude sentences to death or to life in prison. *Includes embezzlement. Table 10. Length of felony sentences imposed by State and Federal courts, by drug offenses, 1996 Mean maximum sentence length in months for felons sentenced to - Most serious Incarceration Straight drug offense Total Prison Jail probation Possession State and Federal 21 mo 42 mo 5 mo 37 mo State 20 41 5 37 Federal 76 82 7 36 Trafficking State and Federal 38 mo 60 mo 7 mo 45 mo State 34 55 7 45 Federal 83 89 9 43 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed - prison being the most severe, followed by jail, then probation. Mean sentence lengths exclude sentences to death or to life in prison. ******************************************************************************************** The average prison sentence for murder was about 21 years; for sexual assault, 10 years; for robbery, about 8 years; for motor vehicle theft, 3 years; for drug possession, 3 years. Except for "other" violent offenses, the violent offense categories were the only categories that exceeded the average prison sentence of just over 5 years. **************************** Sentence length versus time to serve **************************** The amount of prison time a convicted offender receives at sentencing is almost always longer than the actual amount of time the offender will serve before release from prison. Two primary reasons explain this difference between sentence imposed and actual time to serve: * Most States, but not the Federal system, have a parole board that decides when a prisoner is released. In those States, the sentence imposed equals the amount of time the offender serves before release only if the offender is never paroled. Because virtually all offenders in those States eventually are paroled (even including most of those with life sentences), relatively few serve their entire sentence before release. * In the Federal system and in all States (with or without a parole board), inmates can earn early release through time credits for good behavior or special achievements. In addition to earned good-time credits, automatic good-time credits are awarded in many States. The length of time felons sentenced in 1996 might be expected to serve before being released is estimated from the length of their sentence and the percentage of their sentence they are expected to serve. Sentence length multiplied by percentage served gives time served before release. For example, the average Federal sentence in 1996 (about 6 years) multiplied by 85% (the minimum percentage that, by Federal law, must be served before release) gives an estimated time in confinement of approximately 5 years (table 11). ********************************************************************************************************* Table 11. Corresponding time to be served in State and Federal prison, by offense, 1996 Mean prison sentences Percent of sentence Corresponding time Most serious felony imposed in 1996/a expected to serve/a,b to be served in prison/c conviction offense Total State Federal Total State Federal Total State Federal All offenses 63 mo 62 mo 78 mo 48% 45% 85% 31 mo 28 mo 67 mo Violent offenses 105 mo 105 mo 107 mo 52% 51% 85% 54 mo 53 mo 91 mo Murder/manslaughter/d 253 257 128 51 50 85 128 128 109 Sexual assault/e 119 120 79 51 51 61 61 67 Robbery 101 101 110 49 47 85 49 48 94 Aggravated assault 69 69 46 54 54 85 37 38 39 Other violent/f 61 59 141 52 51 85 32 30 120 Property offenses 49 mo 49 mo 35 mo 43% 42% 85% 21 mo 21 mo 30 mo Burglary 60 60 34 42 42 85 25 25 28 Larceny 40 40 40 44 44 85 18 17 34 Motor vehicle theft 42 42 48 47 47 85 20 20 40 Other theft 39 39 39 43 43 85 17 17 33 Fraud/forgery/g 42 43 35 44 39 85 18 17 30 Fraud/g 42 43 35 49 39 85 20 17 30 Forgery 42 42 29 40 39 85 17 16 25 Drug offenses 55 mo 51 mo 89 mo 46% 41% 85% 27 mo 21 mo 76 mo Possession 42 41 82 41 40 85 17 16 70 Trafficking 60 55 89 48 42 85 31 23 76 Weapons offenses 56 mo 45 mo 107 mo 61% 56% 85% 37 mo 25 mo 91 mo Other offenses/h 42 mo 42 mo 42 mo 52% 49% 85% 22 mo 21 mo 36 mo a/Sentence length and percent of time served did not include life or death sentences in their calculation. b/State estimates are derived from National Corrections Reporting Program data on first releases (sentences greater than a year) from State prisons in 1996. In calculating State estimates, allowance was made for jail time credited by the judge for time served prior to sentencing but no allowance could be made for post-sentencing time served in jail awaiting transfer to State prison. c/Calculated by multiplying sentence length by percent of time to serve. d/Does not include negligent manslaughter. e/Includes rape. f/Includes offenses such as negligent manslaughter and kidnaping. g/Includes embezzlement. The combined category "fraud/forgery/ embezzlement" was the basis for the 39% estimate for State offenders. h/Composed of nonviolent offenses such as receiving stolen property and immigration offenses. ************************************************************************************************************************************ All newly sentenced Federal prisoners (those whose crimes were committed after November 1987) are subject to the law setting the 85% minimum.***Footnote 1: The one exception is those sentenced to life imprisonment. Federal life sentences must be served in full. *** By contrast, State prisoners are subject to laws and policies that vary widely from State to State. There is no required minimum percentage of a sentence that must be served that is applicable to all felons sentenced to State prisons in 1996. ***Footnote 2:More detailed discussions of time served in prison can be found in Time Served in Prison Federal Offenders, 1986-97, BJS Special Report, NCJ 171682, forthcoming, and Truth in Sentencing in State Prisons, BJS Special Report, NCJ 170032, January 1999.*** However, there are national statistics on persons released from State prisons in 1996 that show what percentage of their sentence they had served. For example, released sex offenders had served 51% of their sentence; drug traffickers had served 42%. Assuming that felons sentenced in 1996 will serve about the same percentage of their sentence as prisoners released in 1996, felons sentenced in 1996 will serve about 2 1/3 years (45% of a 62-month sentence is 2 1/3 years). In summary, the average Federal prison sentence (6 years) is almost a year and a half longer than the average State sentence (5 years and 2 months). Newly sentenced Federal prisoners are expected to serve, on average, 3 years and 3 months longer than newly sentenced State prisoners (5 years versus 2 1/3 years). Major reasons for the difference are that, compared to drug offenders in State prisons, Federal drug traffickers- -receive longer sentences on average (7 years versus 4 years) -make up a larger proportion of the prison population (52% of all -sentences to prison versus 22%) -serve a larger percentage of their sentence (85% versus 42%). ************************* Time to serve for murder ************************* The percentage of the sentence served among prisoners released in 1996 formed the basis for estimates of how much time newly sentenced State prisoners will serve. Applying these 1996 release percentages to 1996 State sentences gives generally reasonable estimates of how much time State prisoners serve before their release. The major exception is 1996 sentences for murder. Murderers released in 1996 had served an average of 50% of their sentence, but the 50% figure pertains only to those who had not received a sentence to life imprisonment. Life sentences are excluded from the calculation of the 50% figure because no agreed upon way exists for converting the number of years served on a life sentence into a percentage. This poses a problem particularly for estimating how much time murderers will serve because, unlike other offenses, a substantial fraction of convicted murderers sent to prison have a life sentence (more than 1 in 4). The estimated time to serve of 128 months for murderers (obtained by taking 50% of the average non-life sentence of 257 months) therefore does not apply to the 1 in 4 with life sentences. On average, murderers with life sentence can be expected to serve longer than 128 months. How much longer is unknown. Murderers (including nonnegligent manslaughter) with life sentences released from State prisons in 1996 had served 146 months before their release, but the 146 months is probably not applicable to those with sentences of life without parole. Little is known about time served by persons with sentences of life without parole. *************** Methodology *************** State sentencing data are from the Bureau of Justice Statistics (BJS) National Judicial Reporting Program (NJ), a biennial sample survey that collects detailed information on the sentences adult felons receive. Fed- eral sentencing data are from the BJS Federal Justice Statistics Program, collecting annual comprehensive information about the district court processing of individuals and corporations. Sentencing statistics given in this report pertain exclusively to offenses defined under State or Federal law as felonies. States vary in their definition of a felony, but in general, a felony is a crime that has the potential of being punished by more than 1 year in a State prison. Federal law also defines a felony as a crime that is punishable by imprisonment for a term exceeding 1 year. Sentence length statistics presented in this report pertain to total sentence. For persons convicted of a single offense, total sentence is the sentence for that one offense. For persons convicted of a single offense and sentenced to a time range, such as 5-10 years, total sentence refers to the maximum. For persons convicted of multiple offenses to be served concurrently (at the same time), total sentence is the same as the longest sentence. For persons convicted of multiple offenses to be served consecutively (one after the other), total sentence is the sum of sentence lengths. State sentencing data were obtained from a sample of felony convictions in the State courts of 344 counties. The sample consisted of persons sentenced for a felony in 1996. Additional details are in Felony Sentences in State Courts, 1996, BJS, NCJ 173939, May 1999. Federal sentencing data were based on defendants sentenced in Federal district courts in 1996. The data source was the case terminations file of the Administrative Office of the U.S. Courts. Additional details concerning methodology and definitions of offense categories are in the BJS publication, Compendium of Federal Justice Statistics, 1996 (NCJ 172846). The Federal offense categories have been designed to be as compatible as possible with the definitions that follow. ************************************ Crime definitions for data collected from State courts ************************************ Murder and nonnegligent manslaughter: 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 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. Rape/Sexual assault: Rape includes 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. 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. Includes attempts. Robbery: the unlawful taking of property that is in the immediate possession of another, by force or the threat of force. Includes forcible purse snatching, but excludes nonforcible purse snatching, which is classified as larceny/theft. Includes attempts. Aggravated assault: (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, if any. Includes attempted murder, aggravated battery, felonious assault, and assault with a deadly weapon. Other violent offenses: violent offenses excluded are murder and nonnegligent manslaughter, rape and sexual assault, robbery, and aggravated assault. Includes offenses such as kidnaping, extortion, and negligent manslaughter. Includes attempts. Burglary: 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. Includes attempts. Larceny: the unlawful taking of property other than a motor vehicle from the possession of another, by stealth, without force or deceit. Includes pocketpicking, nonforcible purse snatching, shoplifting, and thefts from motor vehicles. Excludes receiving and/or reselling stolen property (fencing), and thefts through fraud or deceit. Includes attempts. Motor vehicle theft: the 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). Includes attempts. Fraud, forgery, and embezzlement: using deceit or intentional misrepresentation to unlawfully deprive a persons of his or her property or legal rights. Includes offenses such as check fraud, confidence game, counterfeiting, and credit card fraud. Includes attempts. Drug trafficking: includes manufacturing, distributing, selling, smuggling, and possession with intent to sell. Includes attempts. Drug possession: includes possession of an illegal drug, but excludes possession with intent to sell. Includes attempts. Weapons offenses: the unlawful sale, distribution, manufacture, alteration, transportation, possession, or use of a deadly or dangerous weapon or accessory. Other felonies: all felony offenses not listed above. Includes 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, and prostitution). Includes attempts. The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. The BJS Bulletin publication series presents the first release of findings from permanent data collection programs. This Bulletin was written by Jodi M. Brown and Patrick A. Langan of BJS. The Federal data presented are based on those collected as part of the Federal Justice Statistics Program. John Scalia, Jr., of BJS assisted with tabulating the Federal data. Douglas R. Hecox assisted with verification. Tom Hester and Ida Hines produced the report. Marilyn Marbrook administered final report production, assisted by Yvonne Boston and Jayne Robinson. June 1999, NCJ 175045 Data presented in this report may be obtained from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. This report and data are also available on the Internet: http://www.ojp.gov/bjs/ 8/7/99 ih