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FACTS ON POLICY: Prison Sentencing
December 18, 2007
The average criminal sentenced to state prison serves a little more than half of her or his sentence.
• In 2004, the average state prison sentence for all offenses was 57 months. Of this, the actual time served averaged 32 months, or 55 percent of the sentence.
• The average sentence length has declined over the past ten years. In 1994, the average state prison sentence for all offenses was 71 months. During the same time period, however, the portion of the imposed sentence actually served increased, from 38 percent in 1994 to 55 percent in 2004. As a result, the estimated time served has increased slightly over the past ten years, from 27 months to 32 months
• The average sentence length, the average time served, and the proportion of the total sentence served varied greatly from state to state:
• Average sentence length: In 1999 (the latest year for which data are available), the mean maximum sentence for violent crimes ranged from a low of 38 months in North Dakota to a high of 196 months in Kentucky.
• Average time served: Felons in North Dakota served a mean of 29 months (76 percent of the original sentence), whereas felons in Missouri served a mean 85 months (86 percent of original sentence) for violent crimes.
• Proportion of sentence served: Felons in Utah and Arkansas served the smallest percentage of their sentence, 36 percent, whereas felons in Missouri served the greatest percentage of their original sentence, 86 percent.
• State versus federal court sentencing
• Average time served: Time served in prison varied according to whether the conviction was in state or federal court. Whereas prisoners sentenced in state prisons served an average of 55 percent of their sentence, those sentenced in federal courts served 88 percent of their sentence.
• Murder: Federal courts sentenced murderers more leniently than state courts, with a mean maximum sentence of 111 months from federal courts versus 232 months from state courts.
• Drug offenses: Conversely, state courts were more lenient than federal courts for drug offenses. Federal mean maximum sentences for drug offenses were more than twice as long as state sentences: 84 months for federal sentences, versus 31 months for state sentences.
• Violent crimes: Excluding sentences of less than a year, the average sentence length and time served for violent crimes did not vary much between prisoners sentenced in state or federal courts. In 2004, the average prison sentence given by state courts for violent crimes was 92 months, compared to the federal average of 96 months. Of this sentence, state prisoners served, on average, 61 months, whereas federal prisoners served 67 months.
Figure 1
Sentence length and time served in state prisons, by offense type (in months), 2004
Sources:
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U.S. Department of Justice, Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics Online, 31st edition, “Section 6: Persons under Correctional Supervision,” Various tables.
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U.S. Department of Justice, Bureau of Justice Statistics, Compendium of Federal Justice Statistics 2004 (December 2006).
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U.S. Department of Justice, Bureau of Justice Statistics, Felony Sentences in State Courts, 2004 (July 2007).
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U.S. Department of Justice, Bureau of Justice Statistics, State Court Sentencing of Convicted Felons, 2004, Statistical Tables, “Table 1.10. Comparison of Felony Convictions in State and Federal Courts, 2004.”
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