Prison in the US 2026
The United States continues to hold the largest prison population of any nation on Earth, and as of 2026, that reality has not meaningfully changed. According to the most recent data published by the Bureau of Justice Statistics (BJS) and the Federal Bureau of Prisons (BOP), the total number of people behind bars in the US — across state and federal prisons, local jails, immigration detention, and other confinement settings — stands at approximately 1.9 million individuals. The state and federal prison population alone reached 1,254,200 at yearend 2023, a 2% increase from 2022, signaling a clear reversal after years of pandemic-era declines. These numbers sit at the heart of an ongoing national conversation about justice, equity, and the enormous cost that mass incarceration places on American society.
Understanding US prison statistics in 2026 means looking beyond just head counts. It means examining who is incarcerated, for what offenses, at what cost, and with what likelihood of returning after release. From the racial disparities in incarceration rates — where Black Americans are imprisoned at nearly 5 times the rate of white Americans — to the $114.8 billion spent annually on corrections at all government levels, the data paints a picture of a system under immense strain. Every data point in this article has been sourced directly from official US government publications, including the BJS, the BOP, the US Sentencing Commission, and the US Census Bureau, ensuring the information you are reading is verified, accurate, and as current as the latest published government records allow.
Key Interesting Prison Facts in the US 2026
| # | Key Fact | Statistic / Figure |
|---|---|---|
| 1 | Total US prison population (state + federal, yearend 2023) | 1,254,200 |
| 2 | Total incarcerated population across all US confinement settings | ~1.9 million |
| 3 | Federal Bureau of Prisons (BOP) population (March 2025) | 154,155 |
| 4 | US imprisonment rate (sentenced prisoners per 100,000 US residents, 2023) | 460 per 100,000 |
| 5 | Increase in US prison population from 2022 to 2023 | Up 2% (+24,100 persons) |
| 6 | Share of global prison population held in the US | ~25% of world’s prisoners |
| 7 | Black incarceration rate in jails (per 100,000, midyear 2023) | 552 per 100,000 |
| 8 | White incarceration rate in jails (per 100,000, midyear 2023) | 155 per 100,000 |
| 9 | Combined federal + state + local corrections spending per year | $114.8 billion |
| 10 | State governments spent on corrections in 2023 | $63.6 billion |
| 11 | Median state spending per prisoner per year (2023) | $60,989 |
| 12 | Highest state spending per prisoner (Massachusetts) | $284,976 per year |
| 13 | Lowest state spending per prisoner (Mississippi) | ~$20,000 per year |
| 14 | Share of BOP inmates sentenced for drug offenses | ~44–45% |
| 15 | 3-year rearrest rate for released state prisoners (2012 cohort) | 66% |
| 16 | 10-year rearrest rate for released state prisoners (2008 cohort) | 82% |
| 17 | Female prison population increase 2022–2023 | Up ~4% (87,800 → 91,100) |
| 18 | State reincarceration rate decline since 2008 | 23% lower |
| 19 | States estimated spending on reincarceration for 2022 releases | $8 billion |
| 20 | Federal prisoners with a minor child aged 20 or younger (yearend 2023) | 35% of federal inmates |
Source: Bureau of Justice Statistics (BJS), Prisoners in 2023 – Statistical Tables (NCJ 309055, September 2025); Federal Bureau of Prisons (BOP) Population Statistics (March 2025); USAFacts, Prison Spending by State (October 2025); Prison Policy Initiative, Following the Money of Mass Incarceration 2026; U.S. Sentencing Commission, Quick Facts on Individuals in the Federal Bureau of Prisons (March 2025).
The numbers in the table above make one thing unmistakable: the United States remains an outlier in global incarceration. With roughly 25% of the world’s prison population despite having only 5% of the world’s people, the scale of American incarceration is without parallel. The 2% increase in the prison population from 2022 to 2023 is particularly telling — it shows that post-pandemic declines have already reversed, and population growth is back on its pre-2020 trajectory. The data on spending is equally sobering: states collectively spent over $63.6 billion to house prisoners in 2023 alone, with a median cost of $60,989 per prisoner per year — more than the annual tuition at many US universities.
What’s particularly striking is the variation across states. The gap between Massachusetts at $284,976 per inmate and Mississippi at roughly $20,000 shows how dramatically states differ in their approach to corrections — from high-cost systems that invest heavily in healthcare, programming, and rehabilitation, to low-cost systems that often reflect underfunding and limited services. Meanwhile, the BOP’s population of 154,155 federal inmates as of March 2025 shows the ongoing federal dimension of incarceration, with the majority serving time for drug-related and weapon offenses under federal jurisdiction. All of these figures point to a system that is expensive, widespread, and deeply embedded in the fabric of American public policy.
Total Prison Population in the US 2026
| Year | State Prison Population | Federal Prison Population | Total State + Federal |
|---|---|---|---|
| 2019 | 1,380,000 | 175,100 | 1,430,800 |
| 2020 | 1,186,500 | 151,700 | 1,215,300 |
| 2021 | 1,174,200 | 151,200 | 1,204,400 |
| 2022 | 1,089,800 | 140,900 | 1,230,100 |
| 2023 | 1,098,200 | 155,972 | 1,254,200 |
Source: Bureau of Justice Statistics, Prisoners in 2023 – Statistical Tables (NCJ 309055, September 2025); BJS Preliminary Data Release – Prisons 2023 (December 2024). All counts as of December 31 of each year.
The trajectory of the total US prison population over recent years tells a story of dramatic disruption followed by rapid recovery. The COVID-19 pandemic caused an extraordinary drop in incarceration — the prison population fell from nearly 1.43 million in 2019 to under 1.22 million in 2022, driven by early releases, slower court proceedings, and reduced admissions. But by yearend 2023, the total state and federal prison count had rebounded to 1,254,200 — a 2% increase over 2022 and a clear signal that the pandemic-era decline was temporary rather than structural. Seven states individually saw their prison populations grow by more than 1,000 persons in 2023 alone, with new court commitments making up 74% of all admissions to state or federal prison that year.
The rebound at the federal level is equally notable. Federal prison counts — under the jurisdiction of the Federal Bureau of Prisons (BOP) — showed the system moving from a low of around 140,900 in 2022 back toward the mid-150,000s range, confirmed at 155,972 by yearend 2023. With the state prison population increasing in 38 states for males and 41 states for females between 2022 and 2023, any optimism about a long-term structural reduction in US incarceration needs to be measured carefully against these hard numbers. The data from BJS makes clear that even with reform efforts ongoing at the state and federal level, the sheer volume of people entering the US correctional system continues to outpace the pace of meaningful decarceration policy.
Federal Prison Population in the US 2026
| Characteristic | Number / Percentage |
|---|---|
| Total BOP population (March 29, 2025) | 154,155 |
| Sentenced for a federal conviction | 134,766 |
| Pre-trial, DC-sentenced, or military in BOP custody | 19,389 |
| Non-US citizens in federal prison (yearend 2023) | 22,817 |
| Prisoners with prior military service (yearend 2023) | 8,388 (~5%) |
| Prisoners with a minor child aged 20 or younger | 35% of federal inmates |
| Average guideline minimum sentence | 173 months |
| Average length of imprisonment imposed | 152 months |
| Share of BOP population sentenced within past 5 years | 66.9% |
| Share of BOP population sentenced within past 10 years | 88.5% |
| Drug offense inmates as share of BOP population | ~44–45% |
| Weapon offense inmates as share of BOP population | ~20% |
Source: U.S. Sentencing Commission, Quick Facts on Individuals in the Federal Bureau of Prisons (March 2025); Bureau of Justice Statistics, Federal Prisoner Statistics Collected Under the First Step Act, 2024 (December 2024, NCJ 309537).
The federal prison system is distinct from its state counterparts in both scale and composition. The BOP held 154,155 individuals as of March 2025, with 134,766 serving sentences for federal convictions. Federal prisoners tend to serve longer sentences — the average length of imprisonment imposed was 152 months (approximately 12.7 years), and the average guideline minimum was 173 months. A notable demographic detail is that 35% of federal prisoners had a minor child aged 20 or younger at yearend 2023, down from 41% in 2022 — a statistic that underscores the ripple effect incarceration has on families across the country. The number of non-US citizens in federal prison dropped to 22,817 in 2023, down from 24,031 in 2021, reflecting shifts in federal prosecution and immigration enforcement priorities.
The BOP’s population has declined gradually in recent periods, as the First Step Act of 2018 continues to enable early release for eligible low-risk inmates. However, this gradual reduction has been partially offset by the overall rebound in federal prosecutions and sentencing. The fact that 88.5% of the current BOP population was sentenced within the past 10 years speaks to the ongoing pace of federal incarceration. With 8,388 veterans in federal facilities — representing more than 5% of the entire BOP population — the intersection of military service and federal crime remains a significant policy concern requiring specialized reentry and rehabilitation programming. Drug offenses remain the single largest driver of federal incarceration, accounting for approximately 44–45% of all BOP inmates, followed by weapon offenses at roughly 20%.
Prison Racial Demographics in the US 2026
| Race / Ethnicity | Jail Rate (per 100,000) | Share of Jail Pop. (Midyear 2023) | State Prison Rate (per 100,000) |
|---|---|---|---|
| Black / African American | 552 | ~36% | ~1,240 |
| American Indian / Alaska Native | 425 | ~1.6% | ~900 |
| White (non-Hispanic) | 155 | ~47% | ~260 |
| Hispanic | 143 | ~14% | ~530 |
| Asian / Pacific Islander | Not separately reported | <1% | ~90 |
| Two or more races / Other | Not separately reported | ~3% | N/A |
| US Average (all races) | 198 | 100% | ~405 |
Source: Bureau of Justice Statistics, Jail Inmates in 2023 – Statistical Tables (March 2025, NCJ 309055); BJS, Prisoners in 2023 – Statistical Tables (September 2025). Rates are per 100,000 US residents of each racial/ethnic group.
The racial dimensions of US prison and jail statistics remain one of the most striking and documented features of the American justice system. According to BJS data for midyear 2023, Black Americans were incarcerated in jails at a rate of 552 per 100,000 — 3.6 times the rate for white Americans at 155 per 100,000. American Indian and Alaska Native individuals had the second-highest rate at 425 per 100,000. In state and federal prisons, Black Americans are imprisoned at roughly 5 times the rate of white Americans. Combined, African Americans and Hispanics represent approximately 50% of the incarcerated population while making up only 32% of the overall US population — a disparity that researchers have linked to systemic differences in policing, prosecution, and sentencing practices across the country.
Federal sentencing data reinforces these disparities. According to the US Sentencing Commission’s 2023 Demographic Differences in Federal Sentencing report, Black males were 23.4% less likely to receive a probationary sentence compared to white males, and Hispanic males were 26.6% less likely. Among those sentenced to incarceration, Black males received sentences 4.7% longer than white males on average. These gaps are most pronounced for shorter sentences (under 18 months), where Black males received sentences 6.8% longer than white males. The data consistently shows that similarly situated individuals are treated differently across racial lines — a fact that drives continued calls for sentencing reform, implicit bias training, and structural changes throughout the US criminal justice system.
Prison Population by Gender in the US 2026
| Gender | Total Prison Pop. (Yearend 2023) | Sentenced >1 Year | Change from 2022 |
|---|---|---|---|
| Male | 1,163,100 (~92.7%) | 1,124,400 | +2% (up in 38 states) |
| Female | 91,100 (~7.3%) | 85,900 | +4% (up in 41 states) |
| Male — change vs. 2013 peak | Down 21% from 1,416,100 | — | Long-term decline |
| Female — change vs. 2013 peak | Down 18% from 104,300 | — | Long-term decline |
| Female SPD rate (state prison) | 19% | — | Higher than males (14%) |
| Female SPD rate (federal prison) | 17% | — | Higher than males (8%) |
Source: Bureau of Justice Statistics, Preliminary Data Release – Prisons 2023 (December 2024); Prisoners in 2023 – Statistical Tables (September 2025). SPD = Serious Psychological Distress (past 30 days).
While men continue to make up the overwhelming majority of the US prison population at approximately 92.7%, the data on women in prison reveals its own important trends. The female prison population grew by nearly 4% between 2022 and 2023, rising from 87,800 to 91,100. The number of females sentenced to more than one year increased in 41 states during that same period — a broader geographic spread than the 38 states that saw male population growth. Despite this recent uptick, the longer-term picture shows that the female prison population is still 18% below its 2013 peak of 104,300, and the male population remains 21% below its 2013 level of 1,416,100 — evidence that decade-long sentencing reforms did achieve meaningful reductions that the recent post-pandemic rebound has not yet fully erased.
The growth in the female prison population carries particular significance given the unique challenges women face in the carceral system. BJS data shows that 19% of female state prisoners met the threshold for serious psychological distress (SPD) in the past 30 days, compared to 14% of male state prisoners. In federal prisons, 17% of women versus 8% of men met that threshold. These disparities point to the inadequacy of gender-responsive mental health services across correctional facilities. Women in prison are also disproportionately survivors of prior physical and sexual abuse — a factor that profoundly shapes both the pathways into incarceration and the needs that effective rehabilitation and reentry programs must address to reduce female recidivism rates in the US.
Prison Spending and Cost Statistics in the US 2026
| Spending Category | Amount / Figure |
|---|---|
| Total federal + state + local corrections spending (FY2023) | $114.8 billion |
| State government corrections spending (US Census Bureau, 2023) | $63.6 billion |
| Additional BOP appropriation (FY2025–2029, 2025 legislation) | $5 billion (additional) |
| Estimated state spending on reincarceration (2022 release cohort) | $8 billion |
| Median annual state spending per prisoner (2023) | $60,989 |
| Highest per-prisoner spending — Massachusetts | $284,976/year |
| Second highest — California, New York, New Jersey | $100,000+/year |
| Lowest per-prisoner spending — Mississippi | ~$20,000/year |
| Federal BOP avg. cost per inmate (FY2024 estimate) | ~$36,300–$44,000/year |
| Average family income loss per month during incarceration | $1,803/month |
| Annual total family financial burden (FWD.us, 2025) | ~$350 billion |
| Black families avg. annual cost supporting incarcerated loved ones | $8,005 |
| White families avg. annual cost supporting incarcerated loved ones | $3,251 |
Source: Prison Policy Initiative, Following the Money of Mass Incarceration 2026 (using OMB FY2025 Budget + US Census Bureau 2023 Annual Survey of State and Local Government Finances); USAFacts, Prison Spending by State (October 2025); CSG Justice Center, 50 States 1 Goal (April 2024); FWD.us national incarceration cost report (2025).
The financial cost of mass incarceration in the United States in 2026 is staggering. The combined total of all federal, state, and local corrections expenditures — covering prisons, jails, juvenile facilities, probation, and parole — is estimated at $114.8 billion per year based on the most current data available. State governments alone spent $63.6 billion to house their prison populations in 2023, making corrections one of the fastest-growing categories of state budgetary expenditure. The variation in per-prisoner costs — from a median of $60,989 nationwide to a jaw-dropping $284,976 in Massachusetts — reflects enormous differences in labor costs, healthcare mandates, and programming investments across states. States in the South and rural Midwest spend the least per prisoner, while Northeastern and Western states typically spend the most, often driven by union labor contracts, higher healthcare costs, and stronger court-mandated standards for inmate care.
Beyond government spending, the financial impact on families is enormous and often underreported. A 2025 report from FWD.us estimated that US families collectively lose nearly $350 billion annually due to the incarceration of a loved one, combining direct expenses and long-term income losses. Families reported losing an average of $1,803 in income per month when a household member is incarcerated. The burden falls especially hard on Black families, who spend an average of $8,005 per year — 2.5 times more than white families at $3,251 — supporting incarcerated loved ones. One in five family members reported being forced to move due to a loved one’s incarceration, and 9% reported experiencing a period of homelessness as a direct result. These ripple effects make prison spending in the US not just a government budget issue, but a deeply personal economic crisis for millions of American families every single year.
Prison Recidivism Statistics in the US 2026
| Metric | 2005 Cohort | 2008 Cohort | 2012 Cohort |
|---|---|---|---|
| 3-year prison return rate | ~50% | ~48% | ~39% |
| 5-year prison return rate | >50% | ~48% | ~43% |
| 3-year rearrest rate (state prisoners) | ~67% | ~66% | 66% |
| 10-year rearrest rate (state prisoners) | N/A | 82% | ~83% |
| Year-1 return to prison rate | 30.4% | ~29% | 19.9% |
| State reincarceration rate vs. 2008 baseline | — | Baseline | 23% lower |
| Rearrest rate — property crime offenders (5-yr) | — | — | 78.3% |
| Rearrest rate — homicide offenders (5-yr) | — | — | 41.3% |
Source: Bureau of Justice Statistics, Recidivism of Prisoners Released in 34 States in 2012: A 5-Year Follow-Up Period (NCJ 255947, July 2021); Council on Criminal Justice, Recidivism in America (September 2024); CSG Justice Center, 50 States 1 Goal (April 2024).
Recidivism — the rate at which formerly incarcerated people return to custody — is one of the most important metrics for evaluating whether the US prison system is working. The picture from the most recent BJS data is mixed. On the positive side, the three-year prison return rate fell significantly from about 50% for the 2005 cohort to 39% for the 2012 cohort — an 11-percentage-point improvement. The first-year return-to-prison rate also fell dramatically from 30.4% to 19.9% over the same period. The Council of State Governments Justice Center has documented that state-level reincarceration rates are 23% lower than they were in 2008, attributing this improvement to the expansion of reentry programming, employment support, and behavioral health access driven in part by the Second Chance Act. States will nonetheless spend an estimated $8 billion on reincarceration costs for people who exited prison in 2022 alone.
However, the broader rearrest statistics paint a more sobering picture. The BJS found that 66% of released state prisoners were rearrested within three years — and 82% were arrested at least once during a 10-year follow-up period (2008 cohort). It is important to note that arrest does not equal conviction or guilt — many of these rearrest events do not lead to new prison sentences. Age at release remains the strongest predictor of recidivism: people released at age 24 or younger were the most likely to be reincarcerated at 56.8% at the five-year mark, compared to those released at age 40 or older (36.3%). Counterintuitively, people convicted of homicide had the lowest rearrest rate at 41.3% over five years, while those convicted of property crimes had the highest at 78.3% — highlighting the powerful role of offense type, sentence length, and age in shaping post-release outcomes for US prison recidivism in 2026.
Prison Mental Health and Substance Use Statistics in the US 2026
| Indicator | State Prisoners | Federal Prisoners | Jail Inmates |
|---|---|---|---|
| History of a mental health problem | 43% | 23% | ~47% |
| Met threshold for serious psychological distress (SPD, past 30 days) | 14% | 8% | 26% |
| Female prisoners meeting SPD threshold | 19% (state) | 17% (federal) | Higher than males |
| Major depressive disorder (most common diagnosis) | 24% | Not reported | 31% |
| Dependent on or abusing drugs/alcohol (prior year, those with MH problem) | 74% | N/A | 76% |
| Used drugs at time of offense | 37% | ~35% (est.) | 34% |
| FBOP facilities offering evidence-based recidivism reduction programs (2023) | N/A | All 122 facilities | N/A |
Source: Bureau of Justice Statistics, Indicators of Mental Health Problems Reported by Prisoners: Survey of Prison Inmates, 2016; BJS, Jail Inmates in 2023 – Statistical Tables (March 2025); BJS, Federal Prisoner Statistics Collected Under the First Step Act, 2024 (December 2024).
Mental illness and substance use disorders are deeply intertwined with incarceration in the United States. BJS surveys consistently show that 43% of state prisoners and 23% of federal prisoners had a history of a mental health problem. Among jail inmates, 26% met the threshold for serious psychological distress in the past 30 days — nearly double the 14% rate for state prisoners — reflecting the higher-acuity, un-stabilized population that cycles through jails before sentencing. The most common diagnosis reported was major depressive disorder: 24% of prisoners and 31% of jail inmates. The data also makes clear that mental illness and addiction frequently co-occur: 74% of state prisoners and 76% of jail inmates with a mental health problem were also dependent on or abusing drugs or alcohol in the year before admission — making co-occurring disorders the norm rather than the exception in US correctional facilities.
Drug-related offenses remain a major driver of federal incarceration in particular. Approximately 44–45% of the BOP’s current population is serving time for drug offenses, and 37% of state prisoners reported using drugs at the time of their offense. Despite these numbers, access to treatment behind bars remains inadequate across much of the system. Recent progress under the First Step Act has expanded evidence-based programming — with all 122 FBOP facilities reporting program availability in 2023 — but participation rates and program quality vary considerably. Studies consistently show that substance use treatment in prison reduces recidivism by 10–30% and generates measurable cost savings, yet the majority of incarcerated individuals with substance use disorders still do not receive evidence-based care during their sentence — one of the most consequential gaps in the entire US prison mental health system in 2026.
Highest and Lowest State Imprisonment Rates in the US 2026
| State | Imprisonment Rate (per 100,000 adult residents, 2023) | Category |
|---|---|---|
| Mississippi | 847 | Highest in US |
| Louisiana | 804 | 2nd Highest |
| Arkansas | 773 | 3rd Highest |
| Oklahoma | ~700+ | Among Highest |
| Alabama | ~650+ | Among Highest |
| Massachusetts | 118 | Lowest in US |
| Maine | 144 | 2nd Lowest |
| Rhode Island | 150 | 3rd Lowest |
| Vermont | ~152 | Among Lowest |
| US National Average (state jurisdiction) | 405 per 100,000 | Baseline |
Source: Bureau of Justice Statistics, National Prisoner Statistics 2023 (as compiled by USAFacts, Prison Spending by State, October 2025); BJS Prisoners in 2023 – Statistical Tables (September 2025). Rates are per 100,000 adult state residents as of December 31, 2023.
The variation in imprisonment rates across US states in 2026 is extraordinary. Mississippi leads the nation with a rate of 847 per 100,000 adult residents — more than seven times the rate of Massachusetts at 118 per 100,000. Louisiana (804) and Arkansas (773) round out the top three. States in the South consistently have the highest imprisonment rates in the country, driven by a combination of mandatory minimum laws, habitual offender statutes, lower rates of diversion programs, and higher rates of violent crime relative to other regions. These same states also tend to spend the least per inmate, creating a paradox where the highest-incarceration states often have the least-resourced correctional systems, with limited access to rehabilitation programming and reentry support — conditions that research links directly to higher recidivism.
The national average imprisonment rate under state jurisdiction was 405 per 100,000 adult US residents in 2023, and when federal prisoners are included, the overall figure rises to approximately 460 per 100,000. New England states dominate the low end of the spectrum, with Massachusetts, Maine, Rhode Island, and Vermont all below 155 per 100,000 — a result of relatively progressive sentencing policies, higher rates of diversion and treatment, and greater investment in alternatives to incarceration. The stark regional divide is not merely a curiosity of criminal justice policy; it reflects deep differences in political culture, law enforcement priorities, economic conditions, and attitudes toward punishment versus rehabilitation that have developed over decades and remain central to the debate over state prison reform in the US in 2026.
Jail Population Statistics in the US 2026
| Metric | 2013 | 2020 | Midyear 2023 |
|---|---|---|---|
| Total jail population (midyear) | ~731,200 | ~549,000 | ~662,500 |
| Jail incarceration rate (per 100,000 US residents) | 231 | N/A (COVID disruption) | 198 |
| Annual jail admissions (July–June) | ~11.7 million | ~7.0 million | ~7.6 million |
| Female jail population | ~109,400 (2013) | N/A | 95,100 |
| % of jail inmates aged 17 or younger | ~0.6% | ~0.4% | 0.3% |
| % of jails operating above rated capacity | N/A | N/A | 12% |
| Black jail incarceration rate (per 100,000) | — | — | 552 |
| White jail incarceration rate (per 100,000) | — | — | 155 |
Source: Bureau of Justice Statistics, Jail Inmates in 2023 – Statistical Tables (March 2025); BJS Jail Inmates Series; BJS Annual Survey of Jails 2023 Preliminary Data Release.
Local jails are the front door of the American criminal justice system, processing far more people annually than state or federal prisons. Despite holding approximately 662,500 people on any given day at midyear 2023, jails processed a staggering 7.6 million admissions in the 12-month period ending June 2023 — because most jail stays are short and people cycle in and out rapidly. The jail incarceration rate of 198 per 100,000 represents a significant reduction from the 2013 peak of 231, but the rate has been climbing back up from the COVID-era low, and 12% of all US jails were operating above their rated capacity as of midyear 2023 — a clear sign of strain in local detention infrastructure. The racial disparity in jail incarceration is severe: the Black jail incarceration rate of 552 per 100,000 is more than 3.5 times the white rate of 155 per 100,000.
The long-term trend in the US jail population shows a system that underwent historic declines during the pandemic, then began recovering quickly. From the 2013 peak of roughly 731,200, the jail population dropped dramatically to about 549,000 in 2020 before rebounding toward 2023’s figure of 662,500. The decline in juvenile jailing is a positive data point — only 0.3% of jail inmates were aged 17 or younger in 2023, down from 0.6% in 2013, reflecting successful juvenile justice diversion efforts in many states. However, with nearly 35% of the jail population held in pretrial detention — meaning they have not been convicted of any crime — the US jail system in 2026 continues to raise serious questions about the role of money bail, pretrial risk assessment, and the constitutional presumption of innocence in the American justice system.
Prison Offense Type Statistics in the US 2026
| Offense Type | State Prisoners (% of total) | Federal Prisoners (% of total, BOP March 2025) |
|---|---|---|
| Violent offenses | ~55% | ~7% |
| Drug offenses | ~15% | ~44–45% |
| Property offenses | ~16% | ~5% |
| Weapon offenses | ~10% | ~20% |
| Sex offenses | ~13% | ~8% |
| Public order / immigration | ~3% | ~14% |
| Other / unclassified | ~3% | ~2% |
Source: Bureau of Justice Statistics, Prisoners in 2023 – Statistical Tables (September 2025); U.S. Sentencing Commission, Quick Facts on Individuals in the Federal Bureau of Prisons (March 2025). State percentages are approximate and based on sentenced population distributions.
The types of offenses that land people in state versus federal prison differ dramatically, and those differences carry major implications for US prison policy in 2026. State prisons are dominated by individuals serving time for violent offenses, which account for approximately 55% of the state prison population — including murder, manslaughter, robbery, assault, rape, and other sexual offenses. This is in sharp contrast to the federal system, where violent offenders make up only about 7% of the BOP population. The federal system, by design, handles offenses that cross state lines or violate federal law — and that means drug offenses at 44–45% and weapon offenses at ~20% are the dominant categories. Immigration-related offenses account for roughly 14% of federal inmates, a figure that fluctuates with changes in border enforcement policy and federal prosecution priorities.
Understanding this offense-type breakdown in US prisons is essential context for any debate about criminal justice reform. Because over half of all state prisoners are serving time for violent offenses, the path to significantly reducing state prison populations necessarily involves addressing how courts sentence people convicted of violent crimes — a politically and morally complex challenge. On the federal side, the fact that nearly two-thirds of BOP inmates are there for drugs or weapons — not violence — underscores why sentencing reform advocates have focused heavily on federal mandatory minimums and why the First Step Act resulted in the release of thousands of inmates whose sentences were reduced. The data points to very different reform strategies needed at the state versus federal level to meaningfully reduce total US prison population in 2026 and beyond.
Disclaimer: This research report is compiled from publicly available sources. While reasonable efforts have been made to ensure accuracy, no representation or warranty, express or implied, is given as to the completeness or reliability of the information. We accept no liability for any errors, omissions, losses, or damages of any kind arising from the use of this report.