By S. Rebecca Neusteter, Ram Subramanian, Jennifer Trone, Mawia Khogali, and Cindy Reed

Police in America arrest millions of people each year, and the likelihood that arrest will lead to jail incarceration has increased steadily. Ending mass incarceration and repairing its extensive collateral consequences thus must begin by focusing on the front end of the system: police work. Recognizing the roughly 18,000 police agencies around the country as gatekeepers of the system, this report explores the factors driving mass enforcement, particularly of low-level offenses; what police agencies could do instead with the right community investment, national and local leadership, and officer training, incentives, and support; and policies that could shift the policing paradigm away from the reflexive use of enforcement, which unnecessarily criminalizes people and leads directly to the jailhouse door.

New York: Vera Institute of Justice, 2019. 76p.

by Solitary Watch and the Unlock the Box Campaign

The watchdog group Solitary Watch and the advocacy coalition Unlock the Box released a groundbreaking joint report showing that at least 122,840 people are locked daily in solitary confinement in U.S. prisons and jails for 22 or more hours a day. Calculating Torture is the first report to combine the use of solitary in local and federal jails in addition to state and federal prisons. It is based on analysis of data recently released by the federal Bureau of Justice Statistics (BJS) as well as by state prison systems that did not report to BJS, and data from a survey of local jails conducted by the Vera Institute of Justice.

These report numbers come closer than have any previously published figures in accounting for the total number of people in solitary confinement in U.S. prisons and jails. Previous counts have largely focused on prisons, failing to include jails. In some cases, earlier data also omitted some states, and/or counted only those individuals held in solitary confinement for more than two weeks. For these reasons, previous reports have offered an incomplete picture of how extensively the discredited practice is used and the number of people it affects.

Solitary Watch and the Unlock the Box Campaign, 2023. 16p.

By the Unlock the Box Campaign

There is a growing movement across the United States to end or restrict solitary confinement and to employ alternative interventions that improve safety and well-being. Fueling this surge in efforts at ending solitary is a recognition that solitary confinement is a form of torture. It inflicts terrible suffering and injury—physical, psychological, emotional, and social—on individuals who have experienced it or are currently subjected to it and has severe effects on their loved ones and on the wider community. This horrific practice is in extensive use across the country, damaging or destroying untold lives. Deeply disturbed by this reality, an increasing number of campaigns led by people who have survived solitary confinement and those with loved ones in solitary now or in the past have helped spur legislative and administrative policy changes to curb the use of solitary and to promote alternatives. Between 2009 and 2022, in 45 states, 886 bills were introduced to restrict or end solitary confinement in some form; 40 states have passed at least one of these bills. In 2021 alone, 153 pieces of legislation were filed across 37 states to regulate some aspect of solitary confinement, the vast majority seeking to end at least some aspect of the practice in state prisons and jails, youth facilities, and other carceral settings. An additional 74 bills were introduced in 2022, and 16 bills were passed in 2022, namely, in New York, Kentucky, Illinois, Connecticut, Louisiana, Virginia, Hawaii, Colorado, and Maryland, with additional bills to be acted on, as of the writing of this report. Anti-solitary efforts have also contributed to the closure of entire prisons, buildings, and units used to inflict solitary, most recently with the closure of supermax prisons in New York and Connecticut

Unlock the Box Campaign, 2023. 64p.

By Damon M. Petrich, Travis C. Pratt, Cheryl Lero Jonson, and Francis T. Cullen

Beginning in the 1970s, the United States began an experiment in mass imprisonment. Supporters argued that harsh punishments such as imprisonment reduce crime by deterring inmates from reoffending. Skeptics argued that imprisonment may have a criminogenic effect. The skeptics were right. Previous narrative reviews and meta-analyses concluded that the overall effect of imprisonment is null. Based on a much larger meta-analysis of 116 studies, the current analysis shows that custodial sanctions have no effect on reoffending or slightly increase it when compared with the effects of noncustodial sanctions such as probation. This finding is robust regardless of variations in methodological rigor, types of sanctions examined, and sociodemographic characteristics of samples. All sophisticated assessments of the research have independently reached the same conclusion. The null effect of custodial compared with noncustodial sanctions is considered a “criminological fact.” Incarceration cannot be justified on the grounds it affords public safety by decreasing recidivism. Prisons are unlikely to reduce reoffending unless they can be transformed into people-changing institutions on the basis of available evidence on what works organizationally to reform offenders.

Crime and Justice: A Review of Research, Volume 50. 2021

By Human Rights Watch

“A Nightmare for Everyone: The Health Care Crisis in Pakistan’s Prisons,” documents widespread deficiencies in prison health care in Pakistan and the consequences for a total prison population of more than 88,000 people. Pakistan has one of the world’s most overcrowded prison systems, with cells designed for a maximum of 3 people holding up to 15. Severe overcrowding has compounded existing health care deficiencies, leaving inmates vulnerable to communicable diseases and unable to get medicines and treatment for even basic health needs, as well as emergencies.

Washington, DC: HRW, 2023. 63p.

By Evelyn F. McCoy, Paige Thompson, Travis Reginal, and Natalie Lima

Jail incarceration continues to be a main driver of the mass incarceration crisis in the United States and to negatively affect individuals, families, and communities. Racial disparities in local jail populations are significant, particularly to the detriment of Black communities. Involvement in the criminal legal system, even when brief, can have severe consequences, including barriers to sustaining employment and securing stable housing, poor physical and mental health stemming from chronic stress and limited access to adequate health care, and disruptions to family relationships and social support networks.

To address these issues, Philadelphia implemented a multipronged reform plan supported by the Safety and Justice Challenge (SJC) to reduce its jail population and associated racial and ethnic disparities. Since 2015, Philadelphia has significantly reduced its jail population through these SJC efforts, which included closing a jail facility, launching a strategy across decision points in the criminal legal system, strengthening collaboration and cross-agency partnerships, launching a formal committee to represent community members’ perspectives, and analyzing data to identify racial and ethnic disparities across decision points. This report describes Philadelphia’s major SJC strategies, documents how it navigated challenges and advanced tangible reform efforts, and explores the perceived impacts of these strategies on its efforts to engage community members, reduce local jail use, and implement system reforms that advance equity. Lessons learned include that it is possible to significantly reduce jail populations in large cities with comprehensive, cross-agency collaboration; that such jail population reductions do not necessarily mean racial and ethnic disparities will also decrease; that reform fatigue is a reality for long-term initiatives like the SJC and can make it difficult for stakeholders to sustain efforts; and that meaningful community engagement is challenging and requires educating stakeholders and community members.

Urban Institute. 2023. 36p.

By Kristen M. Budd, Ph.D. and Niki Monazzam

Twenty-seven states and the federal government incarcerated 96,370 people in private prisons in 2021, representing 8% of the total state and federal prison population. Private for-profit prisons incarcerated 96,370 American residents in 2021, representing 8% of the total state and federal prison population. Since 2000, the number of people housed in private prisons has increased 10%. Harmful crime policies of the 1980s and beyond fueled a rapid expansion in the nation’s prison population. The resulting burden on the public sector led to the modern emergence of for-profit prisons in many states and the federal system. Of the 1.2 million people in federal and state prisons, 8%, or 96,370 people, were in private prisons as of year end 2021.

Washington, DC: The Sentencing Project, 2023. 3p.

By Ashley Nellis

Extreme punishments, including the death penalty and life imprisonment, are a hallmark of the United States’ harsh criminal legal system. Nationwide one of every 15 women in prison — over 6,600 women — are serving a sentence of life with parole, life without parole, or a virtual life sentence of 50 years or more. The nearly 2,000 women serving life-without-parole (LWOP) sentences can expect to die in prison. Death sentences are permitted by 27 states and the federal government, and currently 52 women sit on death row. This report presents new data on the prevalence of both of these extreme sentences imposed on women. Across the U.S. there are nearly 2,000 women serving life-without-parole (LWOP) sentences and another 52 women who have been sentenced to death. The majority have been convicted of homicide. Regarding capital punishment, women are sitting on death row in 15 states. Women are serving LWOP sentences in all but six states. Three quarters of life sentences are concentrated in 12 states and the federal system. It is notable that in all states with a high count of women serving LWOP, there is at least one woman on death row as well. Two exceptions to the overlap are Colorado and Michigan which do not have anyone serving a death sentence because it is not statutorily allowed.

Brooklyn: National Black Women's Justice Initiative, 2021,

By Marion Vannier and Ashley Nellis

This paper considers the pains of life-sentence imprisonment through the novel vantage point of old age understood as a process. Our prison populations are getting older and the use of life sentences is dramatically increasing. Yet, research, campaigning, law and policy have not addressed the long-term consequences of imposing life sentences on prisoners who will age. Whilst far from exhaustive, our study draws on studies in gerontology, health policy and penology. We rely on shared analysis of collected official data from the US and the UK to highlight how the expansion and growth of life sentences on the one hand, and the dramatic aging of the prison population, on the other, are intertwined and need to be considered together. This article emphasizes the urgency of taking a holistic approach to penal severity, one that includes analyses of scale, lived experiences, as well as of law and politics, to uncover the multiple forms of marginalization elderly prisoners are exposed to. Aging is a phenomenon we will all experience, yet, in the context of imprisonment, we argue that old age is a ‘prison problem’ rather than a ‘prisoner problem,’, urging research and policy to depart from the conventional and reductive view of the older prisoner as one in need of transformation and treatment or as being inherently criminal

Punishment & Society 1–22 © The Author(s) 2023

By Ashley Nellis

Before America’s era of mass incarceration took hold in the early 1970s, the number of individuals in prison was less than 200,000. Today, it’s 1.4 million; and more than 200,000 people are serving life sentences – one out of every seven in prison. More people are sentenced to life in prison in America than there were people in prison serving any sentence in 1970. Nearly five times the number of people are now serving life sentences in the United States as were in 1984, a rate of growth that has outpaced even the sharp expansion of the overall prison population during this period. The now commonplace use of life imprisonment contradicts research on effective public safety strategies, exacerbates already extreme racial injustices in the criminal justice system, and exemplifies the egregious consequences of mass incarceration. In 2020, The Sentencing Project obtained official corrections data from all states and the Federal Bureau of Prisons to produce our 5th national census on life imprisonment.

Washington, DC: The Sentencing Project, 2021. 46p.

By Justin Helepololei

This dissertation draws on ethnographic research conducted with prison abolitionists and criminal justice reform activists in Western Massachusetts - a context in which the sheriffs who operate county jails see themselves as reformers. I use the concept of a “progressive jail assemblage” to analyze the varied actors and logics that sustain incarceration locally, focusing especially on the use of care discourses and practices. I consider how progressive jailing puts prison abolitionists in the position of being against some forms of care. At the same time, abolitionists have put forth competing notions of care, ones they see as building a world in which prisons and jails would not exist. Informed by interviews with formerly incarcerated organizers who navigate this assemblage, I argue that both tendencies have the potential to reinforce the hierarchies that sustain incarceration, but they also have the potential to create openings for undoing the world as it exists.

Amherst, MA: University of Massachusetts, 2023. 265p.

y Léon Digard and Elizabeth Swavola

Approximately two-thirds of the more than 740,000 people held in locally run jails across the United States have not been convicted of a crime—they are presumed innocent and simply waiting for their day in court.a This “pretrial population” has grown significantly over time—increasing 433 percent between 1970 and 2015, from 82,922 people to 441,790.b People held in pretrial detention accounted for an increasing proportion of the total jail population over the same time period: 53 percent in 1970 and 64 percent in 2015.c This growth is in large part due to the increased use of monetary bail. Historically, the purpose of bail was to facilitate the release of people from jail pending trial, with conditions set to ensure their appearance in court. Over time, however, those conditions have shifted away from no requirement that money be paid—or a requirement that money be paid only when people failed to appear in court—to upfront payment of cash bail and bail bonds issued by for-profit companies. Pretrial detention has far-reaching negative consequences. This brief presents information on the way that pretrial detention is currently used and summarizes research on its impacts.

New York: Vera Institute of Justice, 2019. 17p.

By Justice Policy Institute

Virginia is at a crossroads entering the 2022 legislative session. Progressive reforms, including abolishing the death penalty and broadening appeal rights, were a focal point of the last several years, but were primarily partisan with the support of only three Republicans. In 2022, control of Virginia will split, with the House of Delegates and Executive Branch controlled by Republicans, and the Senate of Virginia slightly leaning Democrat. While this poses a challenge for legislative activity, it provides an opportunity to step back and explore the critical issues faced by Virginia’s adult criminal justice system. The number of people in Virginia’s prison system, which declined for the first time in 2009 after four decades of growth, has plateaued in recent years. Virginia’s system remains plagued with dysfunction that disproportionately impacts communities of color and keeps people locked up for extremely long sentences. These practices have resulted in a costly system. In 2014, the Justice Policy Institute reported that Virginia spent $1.064 billion to run itsprison system, and even with a population decrease, the 2020 budget increased 25 percent to $1.34 billion. However, this is only part of the story. The toll of mass incarceration in Virginia has fallen disproportionately on the shoulders of its Black and Brown citizens, with devastating consequences. This is particularly pronounced among those persons serving extreme prison sentences.

Washington, DC: Justice Policy Institute, 2022. 16p.

By Jennifer Peirce, Madeline Bailey, and Shahd Elbushra

These two research briefs summarize analysis of county jail bookings in seven rural Georgia counties (2019–2020) and five rural Washington counties (2015–2021). In both Georgia and Washington, jail incarceration rates are higher in rural counties than in urban and suburban counties. The briefs, created in partnership with the University of Georgia and Washington State University, demonstrate that jails in these rural counties are primarily holding people for minor charges. Vera calls on local actors to use citation in lieu of arrest and automatic pretrial release policies, as well as to strengthen pretrial services and avoid using jail as a penalty for failing to appear in court or for technical probation violations. The majority of jail admissions in rural counties in both Georgia and Washington were for nonviolent charges, including driving with a suspended license, penalties related to navigating criminal legal system rules (like failure to appear in court), and probation violations.

DOWNLOAD: Punitive policies are driving jail incarceration in rural Georgia

Punitive policies are driving jail incarceration in rural Georgia

DOWNLOAD: Rural Washington State Needs Criminal Legal System Reform

By Melvin Washington II

For decades, the United States has responded to social issues like mental health and substance use crises, chronic homelessness, and ongoing cycles of interpersonal violence with jail. This has disrupted the lives of millions of people—disproportionately harming Black and Indigenous people—without improving public safety. There’s a better way. Communities can instead invest in agencies and organizations that address these issues outside the criminal legal system. The proven solutions highlighted in this multimedia report look beyond jails to promote safe and thriving communities.

More than 3,000 jail facilities operate in the United States. Before the COVID-19 pandemic, those jails processed about 10 million bookings annually. Some people stayed for hours and others for months. Overall, the number of people in jail has grown exponentially over the past 40 years—from about 220,000 in 1983 to more than 750,000 in 2019. In response to the COVID-19 pandemic, some jurisdictions took emergency actions to prevent the virus’s spread among incarcerated people and jail staff, which cut jail populations by an estimated 24 percent during the first half of 2020. However, these changes proved temporary; by June 2020, national jail populations were already rising. By the end of 2020, the population had rebounded by more than 50,000 people.

New York Vera Institute of Justice, 2021. 28p.

By Marta Nelson, Samuel Feineh and Maris Mapolski

One hundred years from now, we may look back at the United States’s overreliance on punishment and its progeny—mass incarceration—with the kind of abhorrence that we now hold for internment camps for Japanese Americans and Jim Crow laws. Or, if we never curb our reliance on jails and prisons for public safety, we may be in the same place then as we are today….This report posits that maintaining our system of mass incarceration will not bring people in the United States the safety and justice they deserve, while dismantling it in favor of a narrowly tailored sentencing response to unlawful behavior can produce more safety, repair harm, and reduce incarceration by close to 80 percent, according to modeling on the federal system. In this report, the Vera Institute of Justice (Vera) addresses a main driver of mass incarceration: our sentencing system, or what happens to people after they have gone through the criminal legal system and are convicted of a crime

New York: Vera Institute of Justice, 2023. 81p.

By The Washington Lawyers’ Committee for Civil Rights & Urban Affairs 

Hundreds of people held in the Federal Bureau of Prisons’ (BOP) Special Management Unit (SMU) endured years of unconstitutional and abusive conditions. Those abuses were particularly extreme during the more than three years the program was located in the United States Penitentiary in Thomson, Illinois (Thomson). Over the past 18 months, more than 40 lawyers and legal staff members from the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Latham & Watkins LLP, Uptown People’s Law Center, and Levy Firestone Muse LLP, investigated the conditions in the SMU at Thomson. During that investigation we collected accounts of extreme physical and psychological abuse from more than 120 people. We also witnessed firsthand abusive and obstructive staff behavior, and saw with our own eyes injuries inflicted by Thomson employees. Guards regularly placed individuals in dangerous four-point restraints for hours, sometimes days, and often without food, water, or access to a toilet. Many individuals reported being beaten and sexually assaulted while in restraints. Guards fastened the restraints so tightly that they caused scars on individuals’ wrists, ankles, and stomachs. This happened so frequently that the resulting scars became known as a “Thomson Tattoo.” In addition to physical abuse, guards subjected people in the SMU to psychological trauma through the use of extended solitary confinement, referred to by the BOP euphemistically as “restrictive housing.”1 In the SMU, solitary confinement involved locking two people in a cell for up to 23 hours a day, a practice known as double-cell solitary confinement…

Washington, DC: Author, 2023. 29p.

By Lois M. Davis, Susan Turner, Michelle C. Tolbert, Allison Kirkegaard, Beverly A. Weidmer

In this report, the authors examine trends in the overall coronavirus disease 2019 (COVID-19) infection rate for the U.S. state prison population and summarize the findings from the most recent and most comprehensive study undertaken to date of correctional systems' responses to COVID-19 published by the Bureau of Justice Statistics. The authors also present the results of their 2022 survey of state correctional education directors to understand what modifications were made to educational programs for incarcerated individuals, including leveraging of technology in response to COVID-19 and impacts on instructional delivery and quality, student access to programs, enrollment and certifications earned, and on budgets.

Santa Monica, CA: RAND, 2023. 20p.

By Brady P. Horn,  Aakrit Joshi and Paul Guerin

  Substance use disorders (SUD) are very prevalent and costly in the United States and New Mexico. Over 20 million individuals in the US meet diagnostic criteria for SUD and over 65 thousand US residents died from drug opioid overdose in 2020. It is well known that there is a strong correlation between SUD and incarceration. National studies have found that on average two thirds of prisoners have SUD and approximately 30% of inmates report having an opioid use disorder (OUD). There is growing momentum nationally to incorporate SUD, particularly OUD treatment, into incarceration systems and numerous studies have found that providing medication for opioids use disorder (MOUD) in incarceration systems is clinically effective. Since 2005, there has been a Methadone Maintenance Treatment (MMT) continuation program within the Metropolitan Detention Center (MDC) where individuals who were already receiving community-based treatment could continue their treatment within the jail. Prior work has found that this program was associated with reduced crime. In 2017 this program was expanded and started providing treatment to individuals who had not been receiving methadone in the community prior to incarceration. In this study we evaluate the impact of this treatment program. Data was collected from numerous different sources, linked, thoroughly cleaned, and a difference-in-difference empirical strategy is used. Robust evidence is found that MMT initiation reduced reincarceration. Our main results find that MMT initiation is associated with a perperson reduction in 19 incarceration days in the one-year period after jail-based MMT was received. We also find evidence confirming prior studies that found MMT continuation reduces recidivism. We find that jail-based MMT continuation is associated with a per-person reduction in 31 incarceration days in the one-year period post release. Also, a heterogenous Surve treatment effect is found where individuals that received jail-based MMT for longer periods of time had larger reductions in reincarceration. Individuals who received MMT initiation for 70 days or more were associated with 22 fewer reincarceration days and individuals that received MMT continuation were associated with 60 fewer reincarceration days.   

Albuquerque, NM: University of New Mexico, Center for Applied Research Analysis, 2022. 43p.

By Tony Kirk, The HM Inspectorate of Probation (UK)

  The vision of HM Prison and Probation Service (HMPPS)’s Offender Management in Custody model is that ‘everyone in prison should have the opportunity to transform their lives by using their time in custody constructively to reduce their risk of harm and reoffending; to plan their resettlement; and to improve their prospects of becoming a safe, law-abiding and valuable member of society’. Our joint thematic inspection of OMiC pre-release found that OMiC was not working as intended. Part two of this thematic inspection focused on outcomes for prisoners after they are released. Inspectors considered how practitioners assessed, planned and reviewed the work required to support successful resettlement. We also considered the extent to which key outcomes were achieved when an individual was released from prison, including whether they secured settled accommodation and education, training and employment.  

Manchester, HM Inspectorate of Probation2023. 39p.