New 50-state report from Prison Policy Initiative and Rainbow PUSH Coalition provides a roadmap to normalizing voting from jail

October 2, 2020

This morning, the Prison Policy Initiative and the Reverend Jesse Jackson, Sr.’s Rainbow PUSH Coalition released Eligible, but Excluded, a roadmap to expanding voting access for people incarcerated in local jails who are already eligible to vote. The report explains – via a 50-state table and flowchart – that most of the 746,000 people in local jails retain the right to vote. The report then details the logistical barriers that prevent these voters from casting ballots, and strategies for bringing these barriers down.

“Thousands of people in jails across America retain the right to vote, but they are denied that right in every election,” Reverend Jackson said. “Many of these voters are being held simply because they are poor and can’t make bail. This form of voter suppression is a truly heinous form of social injustice and civic indignity. This report provides the data that will help us fight back against this injustice. And fight we will!”

The report provides an in-depth explanation of the most common issues preventing people in jail from voting, including:

• Confusion about who is eligible to vote, among election officials as well as incarcerated people themselves
• Registration-related barriers such as restrictive deadlines and a lack of access to personal information
• Ballot-casting barriers including strict for-cause absentee voting policies
• Population churn in jails, which means that some people who register to vote in jail may not be incarcerated on Election Day.

The report goes on to offer 29 strategies for advocates, state legislatures, election officials, and sheriffs to enable people in jail to exercise the franchise.

“In an era of criminal justice reform, protecting the right to vote for persons held in jail is among the most important reforms,” said Reverend Dr. S. Todd Yeary, co-author of the report. “The state-by-state analysis in this report sets the landscape for the policy fight to protect the right to vote for persons who are legally eligible to cast a ballot, but are unjustly prevented from doing so. This is our justice roadmap for issue advocacy in upcoming state legislative sessions, as well as policy changes by sheriffs, prosecutors, and governors across the country.”

Read the full report at https://www.prisonpolicy.org/reports/jail_voting.html.

New report, Reforms Without Results, lays out the case for including people convicted of violence in criminal justice reforms

The report includes an interactive map showing where people convicted of violence have been "carved out" of recent criminal justice reform laws.

April 7, 2020

As the threat of a COVID-19 disaster in U.S. prisons looms, people serving time for violent crimes may be most at risk, as states like California and Georgia exclude them from opportunities for rapid release. “Violent offenders” — even those who are old and frail — are being categorically denied protection in a pandemic.

Letting people convicted of violence apply for life-saving opportunities requires political courage, just as it has for decades. But denying relief to people based exclusively on their crime of conviction is as ineffective as it is unjust. In a new report, Reforms Without Results, we review the existing research on violent crime, explaining six major reasons why states should include people convicted of violence in criminal justice reforms:

1. Long sentences do not deter violent crime.
2. Most victims of violence, when asked, say they prefer holding people accountable through means other than prison, such as rehabilitative programs.
3. People convicted of violent offenses have among the lowest rates of recidivism — belying the notion that they are “inherently” violent and a threat to public safety.
4. People who commit violent crimes are often themselves victims of violence, and carry trauma that a prison sentence does nothing to address.
5. People age out of violence, so decades-long sentences are not necessary for public safety.
6. The health of a person’s community dramatically impacts their likelihood of eventually committing a violent crime — and community well-being can be improved through social investments rather than incarceration.

Demonstrating how common it is for people convicted of violence to be left behind, our report includes an interactive U.S. map showing 75 examples of state criminal justice reform laws that have excluded them. The map reveals that:

• At least 16 states have passed laws excluding people convicted of violent crimes from veterans’ courts, mental health courts, diversion programs, and other alternatives to incarceration.
• In at least 10 states, people convicted of violent crimes have been “carved out” of laws designed to ease the reentry process.
• At least 20 states have passed laws that expand parole, good time, and other mechanisms for early release — but offer no relief to people convicted of violent offenses.

Unless states are willing to change how they respond to violence, reducing U.S. incarceration rates to pre-1970s levels will be impossible: Over 40% of people in prison and jail are there because of a violent offense. Lawmakers serious about ending mass incarceration — or limiting the toll COVID-19 takes behind bars — can no longer afford to ignore people serving time for violent crimes. In Reforms Without Results, we provide the data and arguments they will need to craft more courageous and effective criminal justice reforms.

See the full report and interactive map at https://www.prisonpolicy.org/reports/violence.html.

As pandemic threatens to devastate prison population, new report provides updated “big picture” view of incarceration in the U.S.

The Prison Policy Initiative's new "Whole Pie" report reveals what's at stake if prisons and jails do not take immediate steps to decarcerate.

March 24, 2020

As advocates urge prisons and jails to slow the spread of COVID-19 by releasing as many incarcerated people as possible, it’s more important than ever to understand how many people are locked up across the country, where, and why. The Prison Policy Initiative’s new edition of Mass Incarceration: The Whole Pie, released today, answers these essential questions with the most recent data.

The data and 24 visuals in the report contain significant implications for how the criminal justice system should respond to the pandemic:

• Local jails hold 631,000 people on any given day, including 470,000 people still awaiting trial. Jail overcrowding poses a serious public health risk in light of COVID-19, making it essential that courts, police, and prosecutors reduce jail populations to slow the spread of the virus.
• Low-level infractions like misdemeanor charges, technical violations of probation and parole, and failure to appear in court account for millions of jail and prison admissions each year – admissions that should be put on hold immediately to improve public health outcomes.
• 39,000 immigrants are currently being held by ICE for no reason other than their undocumented status. Unless they are released, their incarceration will put them at a heightened risk of contracting COVID-19.
• While the majority of people in state prisons are convicted of violent crimes, federal and state officials can still take measures such as expanding parole and compassionate release to allow these individuals – many of whom are elderly or medically vulnerable – to go home.

“Now that COVID-19 is entering prisons and jails, our failure to end mass incarceration is making itself known as a public health crisis,” said Executive Director Peter Wagner. “If policymakers want to prevent a human tragedy from taking place in prisons and jails, they need to do what they’ve been refusing to do since we published our first Whole Pie report: shrink the incarcerated population to a fraction of what it is today.”

Even under normal circumstances, the lack of available data about the criminal justice system poses a significant obstacle to policymakers and advocates seeking to reform that system. In the face of the current crisis, clear facts are essential to quickly and safely downsizing prison and jail populations. This year’s Whole Pie report answers that need, providing the comprehensive view of mass incarceration necessary to make sound decisions today and, when this crisis passes, to plot a long-term path forward.

The Prison Policy Initiative also recently published policy recommendations for criminal justice systems to slow the spread of COVID-19. Its recommendations include releasing medically vulnerable adults from jails and prisons, reducing jail admissions, and ending parole and probation revocations for technical violations. The organization is tracking jails, prisons, and other agencies that take these essential steps.

The full report and graphics are available at https://www.prisonpolicy.org/reports/pie2020.html.

Prison Policy Initiative releases detailed data on the “geography of incarceration” in New York state, opening doors for future research

The new resource uses data generated by New York’s law ending prison gerrymandering.

February 19, 2020

A new project from the Prison Policy Initiative maps where people in New York state prisons come from, down to the neighborhood level — providing a groundbreaking tool for studying how incarceration relates to community well-being.

The project, Mapping Disadvantage: The Geography of Incarceration in New York, provides anonymized residence data for everyone in New York state prisons at the time of the 2010 Census. Readers can download the data at several geographic levels, including counties, cities, and legislative districts.

“If you want to study how mass incarceration has impacted specific communities in New York, or how incarceration tracks with other indicators of community health, we’ve just published the geographic data you need to do that,” said Prison Policy Initiative Research Director Wendy Sawyer.

In a short report, produced in collaboration with VOCAL-NY, the Prison Policy Initiative provides examples of what can be done with the new dataset. The report shows that:

• In New York City neighborhoods with high rates of asthma among children, incarceration rates are also significantly higher.
• In city school districts, 5th grade math scores are very strongly correlated with neighborhood incarceration rates.
• Across the state of New York, every 1% increase in a particular Census tract’s unemployment rate is correlated with an uptick in the incarceration rate.

A landmark 2010 law made this mapping project possible. In 2010, New York passed a bill ensuring that people in prison would be counted as residents of their hometowns at redistricting time. This reform ended the electoral distortion known as “prison gerrymandering,” which had given extra political influence to the legislative districts that contained large prisons. The law required the state prison system to share its own records of where incarcerated people actually resided with redistricting officials. Using these records, redistricting officials produced a corrected dataset that they used to draw new district lines, and the Prison Policy Initiative repurposed this dataset for its report.

For the 2020 round of redistricting a total of seven states — California, Delaware, Maryland, Nevada, New Jersey, New York, and Washington — have passed legislation to end prison gerrymandering and nine additional states — Colorado, Florida, Illinois, Michigan, Nebraska, Pennsylvania, Rhode Island, Virginia, and Wisconsin — have legislation pending.

“These states are passing laws to end prison gerrymandering because they believe that everyone should have the same access to political power, regardless of whether they live next to a large prison. But these laws also have a secondary positive impact: they can make a deeper understanding of our criminal justice system possible,” said Executive Director Peter Wagner.

New report, Youth Confinement: The Whole Pie 2019, breaks down where children and teenagers are locked up in the U.S., where, and why

At a time when cutting the adult prison population by 50% seems radical to many people, states have already cut the number of confined youth by 60% since 2000.

December 19, 2019

Why are 48,000 children and teenagers locked up in the United States, and where exactly are they? How are the juvenile justice system and the criminal justice system similar, and how are they different? In a new infographic and report, the Prison Policy Initiative answers these unexpectedly difficult questions about youth confinement.

Youth Confinement: The Whole Pie 2019 reveals failures in the juvenile justice system that mirror failures in the adult system, including:

• Unnecessary pretrial detention. On any given day, 9,500 youth – or 1 in 5 youth in confinement – are locked up before trial.
• Incarceration for the most minor offenses. 19% of youth in juvenile facilities are locked up for “technical violations” of probation or parole, or for status offenses (behaviors for which an adult would not be prosecuted).
• Glaring racial disparities. While only 14% of children under 18 in the U.S. are Black, 42% of boys and 35% of girls in juvenile facilities are Black.

But the number of youth in confinement is also falling dramatically. “At a time when cutting the adult prison population by 50% strikes many people as radical, states have already cut the number of confined youth by 60% since 2000, and that trend is continuing,” said report author Wendy Sawyer. The report describes state reforms that have helped shrink the juvenile justice system, such as:

• Reducing incarceration for certain offenses, including status offenses, technical violations, and misdemeanors
• Closing large detention facilities and developing new community-based supervision and treatment programs
• Limiting the amount of time youth may be incarcerated or under court supervision

“States have reduced youth incarceration without seeing an increase in crime, which is very encouraging, but there are still far too many youth in confinement,” said Sawyer, “Today, there are 13,500 youth locked up away from home for drug possession and low-level offenses, not to mention 7,000 other youth detained before trial. That means this country still has a lot of work to do.”

For the full report and more infographics, see https://www.prisonpolicy.org/reports/youth2019.html.

New report, Women’s Mass Incarceration: The Whole Pie 2019, reveals how many women are locked up in the U.S., where, and why

The report highlights the need for reforms to local jails, which now hold more women than state prisons do.

October 29, 2019

A report released this morning by the Prison Policy Initiative and the ACLU Campaign for Smart Justice presents the most recent and comprehensive data on how many women are locked up in the U.S., where, and why.

Women in the U.S. experience a dramatically different criminal justice system than men do, but data on their experiences is difficult to find and put into context. The new edition of Women’s Mass Incarceration: The Whole Pie, which the Prison Policy Initiative and ACLU have published every year since 2017, fills this gap with four richly-annotated data visualizations about women behind bars.

“Producing this big-picture view of incarcerated women helps us see why many recent criminal justice reforms are failing to reduce women’s incarceration,” said report author Aleks Kajstura. Most importantly, the new report underscores the need for reforms to local jails:

• More incarcerated women are held in local jails than in state prisons, in stark contrast to incarcerated men, meaning that reforms that only impact people in prison will not benefit them.
• The number of women in local jails grew between 2016 and 2017 — a trend that reflects counties’ growing reliance on jails to solve social problems.
• Women convicted of criminal offenses are more likely than men to be serving their sentences in local jails, where healthcare and rehabilitative programs are much harder to access than in prisons.
• On any given night, 4,500 immigrant women are held for ICE in local jails — over half of the 7,700 women held in immigration detention.

The report goes on to explain why 231,000 women are locked up in the U.S.:

• 73% of women in prisons and jails are locked up for nonviolent offenses, in contrast to only 57% of all people in prisons and jails (who are almost entirely men).
• 10% of girls in the juvenile justice system — compared to only 3% of boys — are held for status offenses like running away, truancy, or “incorrigibility,” which would not be crimes if committed by adults.
• 27% of women in prisons and jails are locked up for violent offenses, including acts of violence committed in self-defense.

Beyond presenting new data, Women’s Mass Incarceration: The Whole Pie 2019 also reviews the existing literature on women’s incarceration, including the Prison Policy Initiative’s prior research on gender disparities in police contact, women’s access to reentry services after incarceration, and the incomes of women in prisons and jails.

New report, Arrest, Release, Repeat, reveals how many people go to jail each year and how many times they go

Our analysis reveals that at least 4.9 million people cycle through county jails each year - and most have serious medical and economic needs.

August 26, 2019

Police and jails are supposed to protect the public from serious public safety threats, but what do they actually do? Until now, attempts to answer this question have been missing the most basic data points: how many individuals cycle through local jails every year and who these individuals are.

A new report from the Prison Policy Initiative, Arrest, Release, Repeat, fills this troubling gap in the data. Building on its popular annual snapshot of the U.S. county jail population, the Prison Policy Initiative finds that:

• At least 4.9 million people are arrested and booked in jail every year.
• At least 1 in 4 people who go to jail in a given year will return to jail over the course of a year.
• At least 428,000 people will go to jail three or more times over the course of a year – the first national estimate of a population often referred to as “frequent utilizers.”

“4.9 million people go to jail every year — that’s a higher number than the populations of 24 U.S. states,” said report co-author Alexi Jones. “But what’s even more troubling is that people who are jailed have high rates of economic and health problems, problems that local governments should not be addressing through incarceration.”

The report reveals that:

• 49% of people with multiple arrests in the past year had annual incomes below $10,000, compared to 36% of people arrested only once and 21% of people with no arrests.
• Despite making up only 13% of the general population, Black men and women account for 21% of people who were arrested just once and 28% of people arrested multiple times.
• People with multiple arrests are much more likely than the general public to suffer from substance use disorders and other illnesses, and much less likely to have access to health care.
• The vast majority of people with multiple arrests are jailed for nonviolent offenses such as drug possession, theft or trespassing.

In a series of policy recommendations, the report explains how counties can choose to stop continuously jailing their most vulnerable residents and instead solve the economic and public health problems that often lead to arrest. “Counties should stop using taxpayer dollars to repeatedly jail people,” said report co-author Wendy Sawyer, “and use the savings to fund public services that prevent justice involvement in the first place.”

New report, Does our county really need a bigger jail?, helps counties avoid needless jail growth

All too often, proposals to expand local jails receive no pushback or critical attention. A new report helps counties think twice.

May 6, 2019

Easthampton, Mass. – A new Prison Policy Initiative report gives cities and counties a long-needed tool for fighting mass incarceration: a guide to preventing unnecessary jail expansion. The report, Does our county really need a bigger jail?, lays out 33 questions that local decision-makers should ask in evaluating proposals for new or bigger jails.

“It’s very common today for jails to be overcrowded, because the number of people in jails nationwide has tripled in the last 30 years,” said report author Alexi Jones. “But in too many counties, jail growth is rooted in known policy failures like an overreliance on money bail. Local policymakers owe it to their constituents to find out if there is a better fix to overcrowding than just building a new or bigger jail.”

The report’s 33 questions for policymakers include:

• On a typical day, how many people are confined in the existing jail who have not been convicted?
• How many people in the county are incarcerated because they cannot afford to pay fines and fees?
• What specialized “diversion” courts and treatment programs is the county using to divert people struggling with substance use and mental illness into more effective treatments than jail?
• Do official cost estimates for building new jail space include not only the cost of construction, but the cost of debt service on the loan, annual operation costs, and collateral costs such as adverse impacts on public health?

“Building new jail space typically costs tens of millions of dollars or more, even as other options that are both more cost-effective and more compassionate are ignored,” said Jones. “If policymakers can’t answer these questions about why more jail space is necessary, they should not be undertaking jail expansion.”

For all 33 questions, the report also offers a set of alternatives and best practices, including:

• Releasing more pretrial defendants on their own recognizance, and investing in pretrial services to help them make their court dates;
• Requiring judges to set fines and fees based on a defendant’s ability to pay;
• Investing in specialized “problem-solving” courts for people with mental health or substance use disorders that serve as true alternatives to jail time.

The report’s recommendations are accompanied by helpful graphics, as well as examples of local and state governments successfully implementing alternatives to jail expansion. “We know that the answer to mass incarceration begins at the local level,” said Jones. “That’s why it’s critical to help cities and counties think beyond jail expansion when it comes to improving public safety.”

Prison Policy Initiative files objections to unreasonable jail phone rates, asks Iowa Utilities Board to protect families

At a time when phone calls for the rest of us cost almost nothing, there is no reason to force the poorest families in Iowa to pay outlandish rates.

April 26, 2019

For immediate release — The Prison Policy Initiative has filed objections to five phone companies’ proposed phone rates for Iowa county jails. At a time when the cost of a typical phone call is approaching zero, phone providers in Iowa jails frequently charge incarcerated people and their families 30 cents per minute or more for a phone call. (And one provider charges as much as $4.41 for the first minute.)

In January, the Iowa Utilities Board required these providers to file rate disclosures – or “tariffs” – for state approval. By state statute, the Utilities Board must ensure that rates are just and reasonable and that “no unreasonable profit is made.” The Prison Policy Initiative’s research has found that phone calls from Iowa’s jails are among the most expensive in the nation, and more than four times as expensive as calls from the state’s prison system.

In February, the Prison Policy Initiative report State of Phone Justice uncovered the cost of phone calls in over 2,000 jails nationwide, explaining why sheriffs sign lucrative phone contracts that prey on people in jail and their families:

• Phone providers compete for jail contracts by offering sheriffs large portions of the revenue – and then charge exorbitant phone rates.
• Providers exploit sheriffs’ lack of experience with telecommunications contracts to slip in hidden fees that fleece consumers.
• State legislators, regulators and governors traditionally pay little attention to jails, even as they continue to lower the cost of calls home from state prisons.

The report found that calls home from Iowa jails are the 13th most expensive in the nation. “There is no reason to force the poorest families in Iowa to pay these outlandish rates, particularly at a time when phone calls for the rest of us cost almost nothing,” said Peter Wagner, Executive Director of the Prison Policy Initiative.

The objections were filed with the research assistance of volunteer attorney Stephen Raher, and the organization is now being represented pro bono before the Iowa Utilities Board by David Yoshimura of Faegre Baker Daniels in Des Moines.

The Prison Policy Initiative’s objections to the tariffs are available for: Global Tel*Link, Public Communications Services, Prodigy Solutions, Reliance Telephone of Grand Forks, and Securus.

Yesterday, the Iowa Utilities board granted our request to intervene and docketed the tariffs for further review. Further comments about the proposed tariffs are due May 13.

Victory for phone justice: Securus and ICSolutions abandon attempted merger

A merger between the two companies would have curtailed the ability of prisons and jails to choose a phone provider, to the detriment of incarcerated people and their families.

April 2, 2019

Easthampton, Mass. – Prison phone industry giant Securus has abandoned its attempt to purchase ICSolutions, the industry’s third largest company, after the Federal Communications Commission and the Department of Justice’s Antitrust Division signaled that they would likely block the deal. The merger would have effectively handed the market for prison and jail phone services over to Securus and its last major competitor, GTL.

“Based on a record of nearly 1 million documents comprised of 7.7 million pages of information submitted by the applicants, as well as arguments and evidence submitted by criminal justice advocates, consumer groups, and other commenters, FCC staff concluded that this deal posed significant competitive concerns and would not be in the public interest,” said FCC chairman Ajit Pai in a press release.

“Securus and ICS [Inmate Calling Solutions] have a history of competing aggressively to win state and local contracts by offering better financial terms, lower calling rates, and more innovative technology and services. This merger would have eliminated that competition, plain and simple,” said Makan Delrahim, Assistant Attorney General of the Department of Justice’s Antitrust Division in a press release. “The companies’ decision to abandon this deal is the right outcome – correctional facilities, inmates and their friends and families will continue to benefit from the robust competition between these firms.”

“All too often, calls home from jails cost an unconscionable $1/minute,” said Peter Wagner, Executive Director of the Prison Policy Initiative. “Had the companies merged, facilities would have had a harder time negotiating contracts with lower rates for families – which, thanks to our movement’s ongoing advocacy, they’re finally beginning to do.”

In our objection to the merger, filed in July 2018 with a coalition of groups working for prison phone justice represented by probono attorneys Davina Sashkin and Cheng-yi Liu, we argued that the FCC should stop the merger.

We argued that Securus’ history of repeatedly flouting commission rules – including deliberately misleading the FCC during a similar review last year, for which it was punished with an unprecedented $1.7 million fine – made it ineligible to purchase one of its competitors. We explained that the company has repeatedly tried to circumvent regulation in order to increase its profits from prison phone calls, and as recently as May 2018 was caught enabling illegal cell phone tracking.

Our filing included a detailed analysis of the concentration of the prison and jail telephone industry. We calculated market share in two different ways; by either measure, Securus and GTL were poised to control between 74% and 83% of the market. Except for ICSolutions – which Securus was seeking to acquire – no other company had above 3% market share.

Below is a historical timeline originally prepared for our report State of Phone Justice: Local jails, state prisons and private phone providers, showing how aggressively Securus and GTL have been gobbling up their competitors:

For more information about this timeline, the companies, their respective sizes, the role of companies like CenturyLink that operate only in partnership with Securus and ICSolutions, or the historical role of AT&T and Verizon, see our report, the footnotes, and appendices to State of Phone Justice: Local jails, state prisons and private phone providers.

Updated April 3, 2019 10am with FCC press release and 1pm with the Department of Justice’s press release.