Custody count
To have custody of a prisoner, a state or the Federal Bureau of Prisons must hold that
person in one of its facilities. A state may have custody of a prisoner over whom
another state maintains jurisdiction.
Federal prisons
Prison facilities run by the Federal Bureau of Prisons. Prisoners housed in these
facilities are under the legal authority of the federal government. This definition
excludes the private facilities that are under exclusive contract with BOP.
Immigration and Customs Enforcement (ICE) detainees
ICE holds persons for immigration violations in federal, state, and locally operated
prisons and jails, as well as in privately-operated facilities under exclusive contract
and ICE-operated facilities. Persons serving time in a local jail or in state or
federal prison for either a criminal or immigration offense may be turned over to ICE
after completing their sentence.
Incarcerated population
Incarcerated population is the population of inmates confined in a prison or a jail.
This may also include halfway-houses, bootcamps, weekend programs, and other entities
in which individuals are locked up overnight.
Indian country
Statutory term that includes all lands within an Indian reservation, dependent Indian
communities, and Indian trust allotments (18 U.S.C. § 1151). Courts interpret § 1151
to
include all lands held in trust for tribes or their members. See United States v.
Roberts, 185 F.3d 1125 (10th Cir. 1999). Tribal authority to imprison American Indian
offenders is limited to one year per offense by statute (25 U.S.C. § 1302), a $5,000
fine, or both.
Indian country jails
Indian country adult and juvenile detention centers, jails, and other correctional
facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA), U.S.
Department of the Interior.
Jurisdiction count
Includes prisoners under legal authority of state or federal correctional authorities
who are housed in prison facilities (e.g., prisons, penitentiaries and correctional
institutions; boot camps; prison farms; reception, diagnostic, and classification
centers; release centers, halfway houses, and road camps; forestry and conservation
camps; vocational training facilities; prison hospitals; and drug and alcohol
treatment
facilities for prisoners), regardless of which state they are physically held in. This
number also includes prisoners who are temporarily absent (less than 30 days), out to
court, or on work release; housed in local jails, private facilities, and other
states'
or federal facilities; serving a sentence for two jurisdictions at the same time. This
count excludes prisoners held in a state or federal facility for another state or the
Federal Bureau of Prisons. However, prisoners housed in another state and under the
legal authority of the governing state are included.
Parole
Parole refers to criminal offenders who are conditionally released from prison to
serve the remaining portion of their sentence in the community. Prisoners may be
released to parole by a parole board decision (discretionary release/discretionary
parole), according to provisions of a statute (mandatory release/mandatory parole),
through other types of post-custody conditional supervision, or as the result of a
sentence to a term of supervised release. In the federal system, a term of supervised
release is a sentence to a fixed period of supervision in the community that follows a
sentence to a period of incarceration in federal prison, both of which are ordered at
the time of sentencing by a federal judge. Parolees can have a number of different
supervision statuses including active supervision, which means they are required to
regularly report to a parole authority in person, by mail, or by telephone. Some
parolees may be on an inactive status which means they are excluded from regularly
reporting, and that could be due to a number of reasons. For instance, some may
receive a reduction in supervision, possibly due to compliance or meeting all required
conditions before the parole sentence terminates, and therefore may be moved from an
active to inactive status. Other supervision statues include parolees who only have
financial conditions remaining, have absconded, or who have active warrants. Parolees
are also typically required to fulfill certain conditions and adhere to specific rules
of conduct while in the community. Failure to comply with any of the conditions can
result in a return to incarceration.
Prison
Compared to jail facilities, prisons are longer-term facilities owned by a state or by
the Federal Government. Prisons typically hold felons and persons with sentences of
more than a year; however, the sentence length may vary by state. Six states
(Connecticut, Rhode Island, Vermont, Delaware, Alaska, and Hawaii) have an integrated
correctional system that combines jails and prisons. There are a small number of
private prisons, facilities that are run by private prison corporations whose services
and beds are contracted out by state or federal governments.
Private prisons
Prison facilities run by private prison corporations whose services and beds are
contracted out by state governments or the Federal Bureau of Prisons.
Total correctional population
Total correctional population is the population of persons incarcerated, either in a
prison or a jail, and persons supervised in the community, either on probation or
parole.
Total inmates in custody count
To have custody of a prisoner, a state or the Federal Bureau of Prisons must hold that
person in one of its facilities. A state may have custody of a prisoner over whom
another state maintains jurisdiction. This count includes inmates held in any public
facility run by a state or the Federal Bureau of Prisons, including halfway houses,
camps, farms, training/treatment centers, and hospitals. This number includes the
number of inmates held in local jails as reported by correctional authorities in the
Annual Survey of Jails.
Tribal jurisdiction
Tribal law enforcement agencies act as first responders to both felony and misdemeanor
crimes. For most of Indian country, the federal government provides felony law
enforcement concerning crimes by or against Indians. Certain areas of Indian country
are under Public Law 83-280, as amended. P.L. 280 conferred jurisdiction on certain
states over Indian country and suspended enforcement of the Major Crimes Act (18
U.S.C.
§ 1153) and the General Crimes Act (18 U.S.C. § 1152) in those areas. Indian tribes
retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280
applies.