U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Prisoners in 2002 July 2003, NCJ 200248 Revised 8/27/03 th Revised, 3/29/04 th --------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/p02.htm This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#Prisoners --------------------------------------------------------------- By Paige M. Harrison and Allen J. Beck, Ph.D. BJS Statisticians --------------------------------------------------- Highlights * During 2002, 9 States experienced prison population decreases, led by Alaska (down 3.8%), Illinois (down 3.7%), Delaware (down 3.2%), and Massachusetts (down 2.4%). Seventeen States had increases, led by Maine (up 11.5%), Rhode Island (8.6%), and Connecticut, Colorado, and Minnesota (all 7.9%). * Between July 1, 2002, and December 31, 2002, the number of inmates under State jurisdiction increased by 15,713 inmates (1.2%). * The Federal Bureau of Prisons continued to grow, up 1,847 inmates since midyear 2002. At yearend 2002, the Federal system was the largest prison system. * At yearend 2002, privately operated facilities housed 93,771 inmates (5.8% of State and 12.4% of Federal inmates); local jails housed 71,256 State and Federal inmates (4.9% of all prisoners). * On December 31, 2002, State prisons were operating between 1% and 17% above capacity, while Federal prisons were operating at 33% above capacity. * At yearend 2002, 97,491 women were in State or Federal prisons -- 6.8% of all prison inmates. * An increase in violent offenders accounted for 49% of female State prisoner growth between 1995 and 2001 and 64% of male growth. * At yearend 2001, 49% of State prisoners were serving time for violent offenses, up from 47% in 1995. * Among the more than 1.38 million sentenced inmates at yearend 2002, an estimated 442,300 were black males between the ages 20 and 39. At yearend 2002, 10.4% of black males age 25 to 29 were in prison, compared to 2.4% of Hispanic males and 1.2% of white males in the same age group. ---------------------------------------------- The total number of prisoners under the jurisdiction of Federal or State adult correctional authorities was 1,440,655 at yearend 2002. During the year the States added 30,088 prisoners, and the Federal prison system added 6,535 prisoners. Overall, the Nation=s prison population grew 2.6%, which was less than the average annual growth of 3.6% since yearend 1995. The rate of incarceration in prison at yearend 2002 was 476 sentenced inmates per 100,000 U.S. residents -- up from 411 in 1995. About 1 in every 110 men and 1 in every 1,656 women were sentenced prisoners under the jurisdiction of State or Federal authorities. Overall, the United States incarcerated 2,166,260 persons at yearend 2002. This total represents persons held in -- -- Federal and State prisons (1,361,258, which excludes State and Federal prisoners in local jails) -- territorial prisons (16,206) -- local jails (665,475) -- facilities operated by or exclusively for the Bureau of Immigration and Customs Enforcement, formerly the U.S. Immigration and Naturalization Service (8,748) -- military facilities (2,377) -- jails in Indian country (1,912 as of midyear 2001) -- juvenile facilities (110,284 as of October 2000). 1 in every 143 U.S. residents in prison or jail at yearend 2002 On December 31, 2002, 1,361,258 inmates were in the custody of State and Federal prison authorities, and 665,475 were in the custody of local jail authorities. Since yearend 2001 the total incarcerated population has increased 72,084, or 3.7% -- just over the average annual increase since 1995 (3.6%). Including inmates in public and privately operated facilities, the number of inmates in State prisons increased 2.5% during 2002; the number in Federal prisons, 5.8%; and in local jails, 5.4%. The rate of incarceration in prison and jail was 701 inmates per 100,000 residents in 2002, up from 601 in 1995. At yearend 2002, 1 in every 143 U.S. residents were incarcerated in State or Federal prison or a local jail. U.S. prison population rose 2.6% during 2002 -- the largest annual growth rate since 1999 In 2002 the growth in the number of inmates under State or Federal jurisdiction (2.6%) was more than twice the percentage increase recorded during 2001 (1.1%). The population under the jurisdiction of State and Federal authorities increased by 36,623 inmates during 2002, higher than the increase in 2001 (up 15,521). The prison population has grown an average of 45,000 inmates per year (3.6%) since yearend 1995. However, the overall growth of the Nation's prison population has dropped from 6.7% in 1995 to 2.6% in 2002, with a low of 1.1% growth in 2001. Since January 1, 1995, 6-month growth rates for State prisoners have declined. Growth rates in the first half of each year have been substantially larger than rates in the second half, except for 2002 when the rate was 1.2% for both 6-month periods. At the same time, Federal growth rates rose, reaching a peak of 6.0% in the first 6 months of 1999. Since then, growth in the first half of each year slowed (to 5.1% in 2001 and 3.0% in 2002). 17 States reported increases of at least 5% during 2002; 9 States had decreases Between January 1 and December 31, Maine experienced the largest increase (up 11.5%), followed by Rhode Island (8.6%), and Connecticut, Colorado, and Minnesota (all up 7.9%). Nine States experienced a decline in prison populations. Alaska had the largest decline (down 3.8%), followed by Illinois (down 3.7%), Delaware (down 3.2%), and Massachusetts (down 2.4%). In absolute numbers of inmates, 5 jurisdictions grew by at least 2,000 inmates during 2002. The Federal system (up 6,535), experienced the largest growth, followed by California (up 2,873), Florida (up 2,806), Pennsylvania (up 2,106), and Virginia (up 2,067). Overall, inmates under jurisdiction in the West grew by 3.0%, followed by those in the South (2.5%) and in the Northeast and Midwest (both 1.9%). In the same period, the Federal system grew 4.2%. In the last 6 months of 2002, the State prison population rose by over 15,000 inmates Between July 1 and December 31, 2002, the number of inmates under State jurisdiction increased 1.2% (from 1,261,414 inmates to 1,277,127, compared to a -0.5% decrease in the last 6 months of 2001. The Federal population grew at a slower rate, up 1.1% since midyear 2002. In the last 6 months of 2002, the Federal population rose 1,847, compared to an increase of 4,688 inmates in the first 6 months. Since 1995 the sentenced inmate population in State prisons has grown 24%. During this period 12 States increased their populations at least 50%, led by North Dakota (up 88%), Idaho (up 86%), and Oregon (up 85%). Between 1995 and 2002 the Federal system reported an additional 59,377 inmates sentenced to more than a year, an increase of 71%. The number of female prisoners increased 4.9% -- double that of men, 2.4% -- during 2002 During 2002 the number of women under the jurisdiction of State or Federal prison authorities increased 4.9%, compared to a 0.2% drop in 2001. The number of men in prison rose 2.4%, up from 1.2% the previous year. At yearend 2002 there were 97,491 women and 1,343,164 men in State or Federal prisons. From 1995 to 2002 the average annual rate of growth of the female inmate population was 5.2%, higher than the average 3.5% increase in the male inmate population. Since 1995 the total number of male prisoners has grown 27%; the number of female prisoners 42%. By yearend 2002 women accounted for 6.8% of all prisoners, up from 6.1% in 1995. Relative to their number in the U.S. resident population, men were about 15 times more likely than women to be in a State or Federal prison. At yearend 2002 there were 60 sentenced female inmates per 100,000 women, compared to 906 sentenced male inmates per 100,000 men. Over a third of female prisoners held in the 3 largest jurisdictions Texas (13,051), the Federal system (11,234), and California (10,050) held more than a third of all female inmates. Oklahoma (with 131 sentenced female inmates per 100,000 female residents), Mississippi (126), Louisiana (96), and Texas (96) had the highest female incarceration rates. States with the lowest female incarceration rates were concentrated in the Northeast -- Rhode Island and Massachusetts (each with 11 sentenced female prisoners per 100,000 female residents) and Maine (12). Since 1995 the number of female prisoners under Federal jurisdiction has increased 52%, from 7,398 to 11,234 while the number under State jurisdiction has increased 41%, from 61,070 to 86,257. At yearend 2002, 1 in every 1,656 women and 1 in every 110 men were incarcerated in a State or Federal prison. Privately operated prisons held 6.5% of State and Federal inmates in 2002 At yearend 2002, 31 States and the Federal system reported a total of 93,771 prisoners held in privately operated facilities. Private facilities held 5.8% of all State prisoners and 12.4% of Federal prisoners. Among States, Texas (with 16,773 State inmates housed in private facilities) and Oklahoma (with 6,470) reported the largest number in 2002. Five States -- New Mexico (43%), Alaska (31%), Wyoming (30%), Montana (29%), and Oklahoma (28%) -- had at least 25% of their prison population housed in private facilities. Except for Wisconsin (with 16% of its State inmates in private facilities) and New Jersey (9%), the use of private facilities was concentrated among Southern and Western States. Overall, 8.0% of State inmates in the South and 6.2% of inmates in the West were in privately operated facilities at the end of 2002, compared to 1.8% in the Northeast and 2.7% in the Midwest. In 2002 local jails held about 5% of State and Federal prisoners At the end of 2002, 32 States and the Federal system reported a total of 71,256 State and Federal prisoners held in local jails or other facilities operated by county or local authorities. These inmates held in local jails represented 4.9% of all prisoners in 2002. Louisiana had the largest percentage of its State inmate population housed in local jails (45%). Due to a partnership with the Louisiana Sheriff’s Association and local authorities, 16,048 State inmates in Louisiana were housed in local jails at yearend 2002. Five other States -- led by Tennessee (27%) and Kentucky (23%) -- had at least a fifth of their population housed in local jails. The region which utilized local jails to hold prisoners most often was the South (with 10.2% of prisoners in local jails), followed by the West (1.8%), the Northeast (1.3%), and the Midwest (0.7%). 25 States and Federal system operating at or above highest capacity To estimate the capacity of their prisons, jurisdictions were asked to supply three measures for capacity at yearend 2002: rated, operational, and design capacities. These measures were defined as follows: Rated capacity is the number of beds or inmates assigned by a rating official to institutions within the jurisdiction. Operational capacity is the number of inmates that can be accommodated, based on a facility's staff, existing programs, and services. Design capacity is the number of inmates that planners or architects intended for the facility. Twenty-two jurisdictions provided only 1 measure or the same figure for each measure. For the 28 jurisdictions with more than 1 reported type of capacity, estimates of population as a percent of capacity are based on the highest and lowest figures provided. At yearend 2002, 24 States reported that they were operating below 100% of their highest capacity, and 25 States and the Federal prison system reported operating at 100% or more of their highest capacity. Idaho, which was operating at 71% of its highest capacity, reported the lowest percent of capacity occupied. Delaware, 116% over lowest reported capacity, and Alabama, 101% over, had the highest percent of capacity occupied. At yearend 2002 the Federal prison system was operating at 33% over capacity. Overall, State prisons were operating at between 1% over their highest capacity and 17% above their lowest capacity. Immigration and Customs detainees rose during 2002 The U.S. Bureau of Immigration and Customs Enforcement (BICE), formerly the U.S. Immigration and Naturalization Service (INS), reported 21,065 detainees on December 31, 2002, up from 19,137 at yearend 2001. Over half of these detainees (11,317) were held in Federal and State prisons and local jails, and about a third were held in BICE- operated facilities (5,087) and private facilities under exclusive contract to the BICE (1,936). Among the 21,065 BICE detainees for immigration violations at yearend 2002, 10,763 had been convicted of criminal offenses, and 1,725 had pending criminal cases (not shown in table). Detainees convicted of violent offenses (31.6%) and drug offenses (31.4%) constituted the largest groups under BICE jurisdiction, followed by property offenses (14.7%), and public-order offenses (12.6%). Prisoners held by military authorities dropped 2.4% There were 2,377 prisoners under military jurisdiction at yearend 2002. Fifty-seven percent of the prisoners held by the Army, Air Force, Navy, Marine Corps and Coast Guard had sentences of 1 year or more. At yearend 2002 the Army’s Disciplinary Barracks, Fort Leavenworth, Kansas, and five other local or regional Army facilities held the largest share of all inmates under military jurisdiction (41%). The 11 Navy facilities held nearly 34% of all inmates; the 6 Marine Corps facilities held 20% of all inmates; and the 36 Air Force facilities held 5% of all inmates. The total operational capacity of the 59 military confinement facilities was 3,249 (not shown in a table). At yearend 2002 these facilities were operating at 73% of their operational capacity. About 86% of prisoners held by the Army, Air Force, Navy, and Marine Corps were convicted inmates; 14% were unconvicted persons whose cases had not been tried. At yearend 2002, 16,206 inmates held in U.S. Territories, up 2.1% The U.S. Territories and Commonwealths - American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands -- reported 16,206 inmates in custody of their prison systems at yearend 2002, an increase of 2.1% since 2001. Three-quarters of the total territorial prison population (or 12,296) had a sentence of more than 1 year. Since 1995 the number of sentenced prisoners held in U.S. Territories has grown 31%, compared to the 24% increase in the number of sentenced State prisoners. Relative to the resident populations in the Territories, the rate of incarceration was 286 prisoners per 100,000 residents -- less than two-thirds of the combined rate of the 50 States. Of the 5 Territories, the U.S. Virgin Islands had the highest prison incarceration rate (360 inmates per 100,000 residents), followed by Puerto Rico (with 294). Puerto Rico, the largest of the Territories, had the most sentenced prisoners (11,371 at yearend 2002), up from 11,020 in 2001. More black males than white males among State and Federal inmates at yearend 2002 At yearend 2002, black males (586,700) outnumbered white males (436,800) and Hispanic males (235,000) among inmates with sentences of more than 1 year. Black inmates represented an estimated 45% of all inmates with sentences of more than 1 year, while white inmates accounted for 34% and Hispanic inmates, 18%. Although the total number of sentenced inmates rose sharply (up 27% between 1995 and 2002), there were only small changes in the racial and Hispanic composition of the inmate population. An estimated 10% of black males, age 25-29, in prison in 2002 When incarceration rates are estimated separately by age group, black males in their twenties and thirties are found to have high rates relative to other groups. Expressed in percentages, 10.4% of black males age 25 to 29 were in prison on December 31, 2002, compared to 2.4% of Hispanic males and about 1.2% of white males in the same age group. Although incarceration rates drop with age, the percentage of black males age 45 to 54 in prison in 2002 was nearly 2.3% -- only slightly lower than the highest rate (2.4%) among Hispanic males (age 30 to 34)and more than twice the highest rate (1.3%) among white males (age 30 to 34). Female incarceration rates, though substantially lower than male incarceration rates at every age, reveal similar racial and ethnic disparities. Black females (with an incarceration rate of 191 per 100,000) were more than twice as likely as Hispanic females (80 per 100,000) and 5 times more likely than white females (35 per 100,000) to be in prison on December 31, 2002. These differences among white, black, and Hispanic females were consistent across all age groups. Growth linked to increasing number of inmates in State prison for violent offenses Between 1995 and 2001 the distribution of the four major offense categories -- violent, property, drug, and public-order offenses --hanged slightly among State prisoners. The percentage of State prisoners serving time for property and drug offenses dropped while the percentage held for violent and public-order offenses rose. In absolute numbers, an estimated 596,100 inmates in State prison at yearend 2001 were held for violent offenses, 159,200 for murder, 155,300 for robbery, 118,800 for assault, and 118,500 for rape or other sexual assaults. In addition, 233,000 inmates were held for property offenses, 246,100 for drug offenses, and 129,900 for public-order offenses. Overall, the largest growth in State inmates between 1995 and 2001 was among violent offenders. From 1995 to 2001 the number of violent offenders grew 130,800, while the number of drug offenders grew 30,600. As a percentage of the total growth, violent offenders accounted for 63% of the growth; drug offenders 15%; property offenders 2%; and public-order offenders 20%. Sources of growth differ among men and women and among white, black, and Hispanic inmates The increasing number of violent offenders accounted for 64% of the total growth among male inmates and 49% among female inmates. Public-order offenders accounted for another 21% of the total growth among male inmates and 16% of the growth among female inmates. The growth attributed to drug offenders has decreased from that of previous years (Prisoners in 2001, ). From 1995 to 2001 drug offenders accounted for 13% of total growth among female inmates and 15% of growth among male inmates. Property offenders accounted for 22% of female population growth from 1995 to 2001, but dropped by an estimated 200 offenders among males. The sources of population growth also differed among white, black, and Hispanic prisoners. Overall, violent offenders accounted for the largest source of growth for all groups -- among white State inmates (59%), black inmates (57%), and Hispanic inmates (82%). The increasing number of drug offenses accounted for 23% of the total growth among black inmates and 18% of the growth among white inmates. Changing Federal prison population related to drug and immigration offenses Prisoners sentenced for drug offenses constituted the largest group of Federal inmates (55%) in 2001, down from 60% in 1995. On September 30, 2001, the date of the latest available data in the Federal Justice Statistics Program, Federal prisons held 78,501 sentenced drug offenders, compared to 52,782 in 1995. Between 1995 and 2001, the number of Federal inmates held for public-order offenses increased 133%, most of which was accounted for by the increase in immigration offenses (up 339%). The number of immigration offenders rose from 3,420 in 1995 to 15,012 in 2001. By September 30, 2001, immigration violators represented over 10% of Federal inmates. In addition Federal inmates held for a weapons offense increased 68.4% from 1995 to 2001, from 7,446 to 12,539. Weapons offenders accounted for over 9% of the overall growth in this period. Violent offenders under Federal jurisdiction increased 41% from 1995 to 2001, and accounted for almost 9% of the total growth during the period. Homicide offenders increased 121%, from 1,068 in 1995 to 2,364 in 2001. While the number of offenders in each major offense category increased, the number incarcerated for a drug offense accounted for the largest percentage of the total growth (48%), followed by public-order offenders (38%). Methodology National Prisoner Statistics The Bureau of Justice Statistics (BJS), with the U.S. Census Bureau as its collection agent, obtains yearend and midyear counts of prisoners from departments of correction in each of the 50 States and the Federal Bureau of Prisons. In an effort to collect comparable data from all jurisdictions, National Prisoner Statistics (NPS) distinguishes prisoners in custody from those under jurisdic-tion. To have custody of a prisoner, a State must hold that person in one of its facilities. To have jurisdiction means that a State has legal authority over the prisoner. Prisoners under a State=s jurisdiction may be in the custody of a local jail, another State=s prison, or other correctional facility. Some States are unable to provide both custody and jurisdiction counts. (See National Prisoner Statistics jurisdiction notes, 12/31/02, .) Excluded from NPS counts are persons confined in locally administered confinement facilities who are under the jurisdiction of local authorities. NPS counts include all inmates in State-operated facilities in Alaska, Connecticut, Delaware, Hawaii, Rhode Island, and Vermont, which have combined jail-prison systems. At yearend 2001, the Federal Bureau of Prisons assumed responsibility for housing all sentenced felons in the District of Columbia. As a result, inmates in the District of Columbia, previously included in the NPS counts as prisoners in combined prison-jail systems, were reclassified as jail inmates and included in BJS jail statistics. (See Prison and Jail Inmates at Midyear 2002, .) Military corrections statistics BJS obtains yearend counts of prisoners in the custody of U.S. military authorities from the Department of Defense Corrections Council. The council, comprised of representatives from each branch of military service, adopted in 1994 a standardized report (DD Form 2720) with a common set of items and definitions. This report provides information on persons held in U.S. military confinement facilities inside and outside the continental United States, by branch of service, sex, race, Hispanic origin, conviction status, sentence length, and offense. It also includes data on the number of facilities, and their design and rated capacities. Other inmate counts BJS obtains yearend counts of persons detained by the Bureau of Immigration and Customs Enforcement (BICE), an agency within the Department of Homeland Security. BICE, formerly the U.S. Immigration and Naturalization Service, holds persons for immigration violations in Federal, State, and locally operated prisons and jails, as well as in private facilities under exclusive contract and in BICE-operated facilities. In 1995 BJS began collecting yearend counts of prisoners from the departments of correction in the three U.S. Territories (American Samoa, Guam, and U.S. Virgin Islands) and two U.S. Commonwealths (Northern Mariana Islands and Puerto Rico). These counts include all sentenced and unsentenced inmates for whom the Territory or Commonwealth government had legal authority (inmates under jurisdiction) and all inmates who were physically located in prison or jail facilities (inmates in custody). These counts are collected by gender, race, Hispanic origin, and sentence length. In addition, BJS obtains reports of the total design, rated, and operational capacity of correctional facilities. ------------------------------------------ The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is the director. BJS Bulletins present the first release of findings from permanent data collection programs such as the National Prisoner Statistics. Paige M. Harrison and Allen J. Beck wrote this report. Jennifer C. Karberg provided statistical assistance and verification. Tom Hester edited the report. Jayne Robinson administered final production. Data collection and processing for the NPS program were carried out by Nicole D. Simpson under the supervision of Marilyn M. Monahan, Demographic Surveys Division, U.S. Census Bureau. Christopher J. Mumola and Lauren E. Glaze collected and processed data on prisoners in the U.S. Territories, in U.S. military facilities, and in facilities operated by or for the Bureau of Immigration and Customs Enforcement. July 2003, NCJ 200248 --------------------------------------- NPS jurisdiction notes Alaska -- Prisons and jails form one integrated system. All NPS data include jail and prison populations. Counts exclude individuals in electronic and special monitoring programs. Arizona -- Population counts are based on custody data. Counts exclude 213 sentenced males and 19 sentenced females housed in local jails who were awaiting transfer to the DOC. The definition of operational capacity has changed to include temporary beds and double bunks used in situations of crowding. California -- Population counts include felons and civil addicts who are temporarily absent, such as in court, jail or hospital. Colorado -- Population counts include 247 male and 8 female inmates in the Youthful Offender System. Capacity figures exclude 4 privately run facilities under contract with the Department of Corrections. Connecticut -- Prisons and jails form one integrated system. All NPS data include jail and prison populations. Legislation in 1995 abolished the capacity law so that prisons no longer have a rated or operational capacity. Design capacity is recorded separately in each facility. Delaware -- Prisons and jails form one integrated system. All NPS data include jail and prison populations. Capacity counts include Department of Correction halfway houses. District of Columbia -- The District of Columbia is no longer counted as a prison system due to the 1997 Revitalization Act, which transferred responsibility for housing sentenced felons to the Federal Bureau of Prisons. For comparisons with previous years jurisdiction and custody counts in the District of Columbia were 2,692 on 12/31/01, 3,023 on 6/30/02, and 3,241 on 12/31/02. Federal -- Custody counts include inmates housed in privately operated secure facilities under contract with BOP or with State or local government that has an intergovernmental agreement. Also includes inmates held in privately operated community correctional centers. Rated capacity excludes contract beds. Florida -- Population counts are based on custody data, including inmates in privately operated facilities. Georgia -- Population counts are based on custody data, including inmates in privately operated facilities. Facilities in Georgia are not given rated or design capacities. Hawaii -- Prisons and jails form one integrated system. All NPS data include jail and prison populations. Idaho -- Rated capacity is defined as 100% of the maximum capacity; operational capacity as 95% of the maximum (except in one facility which is 100%). Illinois -- Population counts are based on jurisdiction data. Counts of inmates with a sentence of more than 1 year include an undetermined number with a sentence of 1 year. Iowa -- Population counts are based on custody data. Counts of inmates with a sentence of more than 1 year include an undetermined number with a sentence of 1 year or less. Kansas -- Population counts of inmates with a sentence of more than 1 year include an undetermined number with a sentence of 1 year or less. Louisiana -- Counts are as of December 26, 2002. Population counts include 14,844 males and 1,204 females housed in local jails as a result of a partnership with the Louisiana Sheriffs’ Association and local authorities. Maryland -- Design capacity is no longer reported because of renovations and other changes. Operational capacity was estimated by applying a percentage to the population count on December 31, 2002. Massachusetts -- By law, offenders may be sentenced to terms of up to 2½ years in locally operated jails. Such offenders are included in counts and rates for local jails. About 6,200 inmates with sentences of more than 1 year were held in local jails in 2002. Michigan -- Jurisdiction counts exclude 30 inmates held in local jails. Operational capacity includes institution and camp net capacities and populations in community programs. Mississippi -- Operation and design capacities include private prison capacities. Missouri -- Design capacities are not available for older prisons. Operational capacity is defined as the number of available beds including those temporarily off-line. Montana -- Counts include 264 inmates under intensive supervision in the community. Capacity figures include 2 county operated regional prisons (an estimated 300 beds), 1 private prison (500 beds), and a State operated boot camp (60 beds). Nebraska -- Operational capacity is defined as stress capacity (or 125% of design capacity), which is ordered by the governor and set by the Department of Corrections. Nevada -- Rated capacity is defined as emergency capacity. Design capacity is defined as one bed per cell. Capacity figures include 500 beds in a private facility. New Jersey -- Population counts of inmates with a sentence of more than 1 year include an undetermined number with a sentence of 1 year. Rated and operational capacity figures are not maintained. New Mexico -- Operational capacity includes the maximum number of contracted beds in private facilities. North Carolina -- Capacity figures refer to standard operating capacity as of June 28, 2002, based on single occupancy per cell and 50 square feet per inmate in multiple occupancy units. North Dakota -- Capacity figures account for double bunking in the State Penitentiary. Ohio -- Population counts of inmates with a sentence of more than 1 year include an undetermined number with a sentence of 1 year or less. Oklahoma -- Population counts of inmates with a sentence of more than 1 year include an undetermined number with a sentence of 1 year. Capacity figures include private prisons and contract jails. Oregon -- Inmates with under a 1 year maximum sentence remain under the control of local counties. Rated capacity is not recognized. Rhode Island -- Prisons and jails form one integrated system. All NPS data include jail and prison populations. South Carolina -- Population counts include unsentenced inmates on Youthful Offender Act observation status, of which there were 35 on December 31, 2002. South Dakota -- Operational capacity is planned capacity. Rated and design capacities are not recognized. Tennessee -- Population counts of inmates with a sentence of more than 1 year include an undetermined number with a sentence of 1 year. Texas -- Jurisdiction counts include inmates serving time in a pre-parole transfer (PPT) or intermediary sanctions facility (ISF), substance abuse felony punishment facility (SAFPF), temporary releases to counties, and paper ready inmates in local jails. Capacity figures include public, privately operated and county contracted facilities that are state funded. Non-contracted county jail beds are excluded. Vermont -- Prisons and jails form one integrated system. All NPS data include jail and prison populations. Virginia -- Rated capacity is the DOC count of beds, which takes into account the number of inmates that can be accommodated based on staff, programming, services and design. Washington -- A recently revised law allows increasing numbers of inmates with sentences of less than 1 year to be housed in prison. Wisconsin -- Operational capacity excludes contracted local jails, Federal, other State, and private facilities. End of file 07/09/03 ih 08/27/03 th 03/29/04 th