U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

State of Sentencing 2011: Developments in Policy and Practice

NCJ Number
238419
Author(s)
Nicole D. Porter
Date Published
February 2012
Length
26 pages
Annotation
Following an overview of trends in incarceration nationwide, this report presents a State-by-State description of recent legislation that has contributed to the lowering of prison populations in the State, followed by general policy recommendations by the Sentencing Project that will reduce prison populations.
Abstract
The Bureau of Justice Statistics recently reported that the number of people in prison declined in 2010 for the first time since 1972; State and Federal prison populations declined by just over 9,200 between 2009 and 2010 (0.6 percent). Still, the United States continues to have the highest rate of incarceration in the world at 731 per 100,000 population. This report concludes that reductions in the scale of incarceration result from declining crime rates and a mix of legislative and administrative policies that vary by State. Lower demand for increased jail and prison resulted in at least 13 States closing prisons or considering doing so during the past year. Prison populations declined in 25 States in 2010. This decline was due largely to fewer people being sentenced to prison for either new crimes or parole violations. Overall, admissions to State prisons declined by just over 27,700 persons (0.8 percent). The overall decrease in State prison populations was 10,881. This report provides an overview of recent policy reforms in individual States in the areas of sentencing, probation, and parole; collateral consequences; and juvenile justice. Legislative and policy reforms are briefly described for each State where they have occurred. The Sentencing Project's policy recommendations are to limit the use of incarceration as a sentencing option, eliminate life without parole for juveniles, revise drug amounts that trigger mandatory minimum sentences, authorize early release for parole or probation, and restrict collateral consequences for persons with prior convictions. 1 table