U.S. Department of Justice
Office of Justice Programs

Bureau of Justice Statistics

Special Report
February 2000, NCJ 176989

Profile of State Prisoners
under Age 18, 1985-97
By Kevin J. Strom
BJS Statistician
Defendants under age 18 are prosecuted in either adult courts or juvenile
courts, with State statutes defining the
maximum age of juvenile court jurisdiction. In three States (Connecticut, New
York, and North Carolina) all offenders
age 16 or older are excluded from the
juvenile system and handled in adult
court. In 10 States (Georgia, Illinois,
Louisiana, Massachusetts, Michigan,
Missouri, New Hampshire, South
Carolina, Texas, and Wisconsin) all
offenders age 17 or older are automatically proceeded against in adult court.
In the remaining 37 States and the
District of Columbia, all defendants age
18 or older are processed as adults in
criminal court.
Defendants whose ages are below
these State-specified ranges can be
statutorily excluded from juvenile court
because of age and offense seriousness or can be transferred to adult
court. As of 1997, all States had at
least one mechanism that allowed
persons under age 18 to be handled in
the adult criminal system.
A wide range of correctional responses
exists for persons under 18 sentenced
as adults. A small, but unknown,
percentage of State prisoners were
sentenced in juvenile court. Most
States allow certain categories of
offenders under 18 to be incarcerated
in adult prisons and housed with older
inmates.

Highlights
Persons under 18 held in State prison
at yearend

1985
1990
1993
1995
1997

Number held

Percent of
all inmates

2,300
3,600
4,700
5,300
5,400

0.5%
0.5
0.6
0.5
0.5

Persons under 18 admitted to
State prison

1985
1990
1993
1995
1997

Number of
admissions
3,400
5,100
6,300
7,600
7,400

Violent
percent
52%
45
52
57
61

Characteristics of State prisoners
under 18 in 1997
Admitted to Held in
prison
prison
Gender
Male
Female
Race/Hispanic origin
White non-Hispanic
Black non-Hispanic
Hispanic
Other
Most serious offense
Violent
Property
Drugs
Public-order

97%
3

92%
8

25%
58
15
2

19%
60
13
8

61%
22
11
5

69%
15
11
5

Sentence and minimum time to be
served for persons under 18 admitted
to State prison
Average in months
All
Violent
Maximum sentence —
1985
1997
Minimum time to be served
1985
1997

86 mo 109 mo
82
98
35 mo 47 mo
44
59

• On December 31, 1997, less than 1%
of inmates in State prison were under
age 18, a proportion that has remained
stable since the mid-1980’s.
• The number of offenders under age
18 admitted to State prison has more
than doubled from 3,400 in 1985 to
7,400 in 1997, consistently representing about 2% of new admissions in
each of the 13 years.
• In 1997, 61% of persons admitted
to State prison under age 18 had
been convicted of a violent offense
compared to 52% in 1985.
• The violent arrest rate for persons
under age 18 did not change dramatically between 1980 and 1988, but
increased over 60% from 1988 and
1994, then fell 23% from 1994 to 1997.
• Relative to the number of arrests,
the likelihood of incarceration in State
prison has increased for offenders
under age 18. In 1997, 33 persons
were sentenced to prison for violent
offenses for every 1,000 arrests for
violent offenses, up from 18 per 1,000
violent arrests in 1985.
• Among persons under age 18
sentenced to State prison in 1997, the
average maximum sentence for violent
offenses was about 8 years, and the
minimum time expected to be served
was nearly 5 years.

States utilize three general types of
transfer mechanisms
States use different provisions for
transferring persons under age 18 to
criminal court. These include statutory
exclusion laws, prosecutorial direct-file
provisions, and judicial waiver. As
documented in State Legislative
Responses to Violent Juvenile Crime:
1996-97 Update by Patricia Torbet and
Linda Szymanski (NCJ 172835), all
but 10 States modified their transfer
statutes from 1992 to 1995.

Statutory exclusion laws (also called
mandatory transfer) automatically
exclude certain offenders under age 18
from juvenile court jurisdiction, with
legislatures typically specifying age and
offense criteria. As of 1997, 28 States
had some type of statutory exclusion
law in place.
Prosecutor direct-file provisions give
prosecutors the ability to file certain
juvenile cases in either juvenile or criminal court. In 1997, 15 States had
direct-file statutes in place.

Number of persons under age 18 held in juvenile or adult correctional
facilities, 1997

Year

Total number of
persons under
18 in custody

State
prisona

Local
jailsb

Juvenile facilitiesc
Public
Private

1997

100,510

5,400

9,100

63,670

22,340

Incarceration
rated
509

a

See Methodology for calculation of State prison population estimates.
b
Jail estimates are midyear counts from the Annual Survey of Jails.
c
Data on persons held in juvenile facilities are from the Census of Juveniles in Residential
Placement (1997). These data include only persons under age 18 committed or detained in
juvenile facilities and exclude status offenders and nonoffenders. In the Federal system, persons
under 18 sentenced to prison are confined in contract juvenile correctional facilities.
d
Rates are based on the number of persons under age 18 in custody per 100,000 U.S. residents
ages 13 to 17 on July 1, 1997, and have been adjusted for Census undercount.

5% of confined persons under 18
were held in State prison
In 1997 law enforcement agencies
made an estimated 2.8 million arrests
of persons under age 18, including
123,000 arrests for violent Index
offenses and 700,000 for property
Index crimes. Although State prison
admissions relative to arrests
increased from 1985 to 1997, most
confined young offenders continued
to be held in juvenile correctional
facilities.

the Census of Juveniles in Residential
Placement Facilities. Prior to 1997
juvenile facility figures were drawn
from the Children in Custody survey,
collecting aggregate data on persons
in juvenile facilities. This survey did
not distinguish between delinquents
and nondelinquents under 18.
Incarceration rates were higher
among offenders 18 or older than
among persons under age 18

Relative to the number of U.S.
residents ages 13 to 17, the rate of
At yearend 1997 an estimated 100,510 incarceration for persons under 18 in
persons under age 18 were in custody 1997 was 509 inmates per 100,000
of adult or juvenile correctional facilitU.S. residents. This rate includes all
ies in the United States. About 86,000 delinquents under age 18 in custody
or 86% of these offenders were held in of juvenile or adult correctional facilipublic (64%) or private (22%) juvenile ties. The incarceration rate was
greater for offenders age 18 or older
facilities, 9% were held in local jails,
and 5% were confined in State
held in State or Federal prison or in
prisons.
local jails. Overall, in 1997 there were
864 inmates per 100,000 U.S. adult
residents.
Comparable statistics do not exist for
years before 1997, the first year for

2 Profile of State Prisoners under Age 18, 1985-97

Judicial waiver allows juvenile court
judges to waive jurisdiction over a
juvenile case and transfer it to criminal
court. There are three general forms of
judicial waiver:
• In 1997, 46 States and the District of
Columbia allowed discretionary waiver,
giving juvenile judges the ability to
waive juvenile cases at their discretion.
• 14 States had mandatory waiver
statutes in which a juvenile court judge,
after finding probable cause, is required
to waive jurisdiction.
• 14 States and the District of Columbia had presumptive waiver provisions,
in which certain categories of juvenile
offenders must be waived unless they
prove they are amenable to juvenile
rehabilitation.
This report includes data on all persons
under age 18 in State prison, regardless of whether the individual was
under the original jurisdiction of the
juvenile or adult criminal system.
States using blended sentences link
adult and juvenile systems
Many States have developed blended
sentencing options that allow the
juvenile or criminal court to impose
sanctions in both the juvenile and adult
correctional systems (OJJDP, 1996).
Statutes in Minnesota, Connecticut, and
Montana are examples of sentencing
options in which the juvenile court can
impose a sanction that typically
suspends the adult portion of the
sentence barring a future violation of
the law. Statutes in Arkansas and
Missouri are examples where the criminal court can administer a blended
sentence, with the adult sanction often
suspended unless there is a violation.
States vary in their correctional
responses for persons under 18
sentenced as adults
Among the incarceration practices for
offenders under age 18 sentenced as
adults, States apply straight adult incarceration, graduated incarceration, and
segregated incarceration. (See page
10 for further discussion.)

Table 1. Number of persons under 18
held in State prison at yearend,
1985-97
Year
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997

Number held *
2,300
2,400
2,700
2,900
3,300
3,600
4,400
4,600
4,700
5,000
5,300
5,400
5,400

Note: Data for 1985-89, 1991-94, and 1996-97
were estimated using the 1986, 1991, and
1997 Survey of Inmates in State Correctional
Facilities and the National Prisoner Statistics
program (see Methodology for details). Data
for 1990 and 1995 are based on the Census of
State and Federal Correctional Facilities.
*Includes all persons under age 18 held in
State prison

Nearly three-fourths of State inmates under age 18 were black or Hispanic
The majority of State prisoners under
age 18 were black or Hispanic,
according to the 1997 Survey of
Inmates in State Correctional Facilities. An estimated 60% of the
inmates under 18 were black, 19%
were white, 13% were Hispanic, and
8% were Asian or American Indian.
Most State inmates under age 18
were male (92%).

Characteristic
Gender
Male
Female

92%
8

94%
6

Race/Hispanic origin
White*
Black*
Hispanic
Other

19%
60
13
8

34%
46
17
3

69%

47%

13
2
37
13

13
9
14
9

Property offenses
Burglary
Larceny

15%
8
5

22%
11
4

Drug offenses

11%

21%

5%

10%

Most serious offense
Violent offenses
Murder/nonnegligent
manslaughter
Rape/sexual assault
Robbery
Assault

About 7 in 10 State inmates under
age 18 in 1997 were incarcerated
for a violent offense, including 37%
for robbery, 13% for murder, and 13%
for aggravated assault. An additional
15% of inmates under 18 were
confined for property crimes, 11%
for drug offenses, and 6% for publicorder offenses.

Public-order offenses

Half of 1% of State inmates were
under age 18 at yearend 1997
Approximately 5,400 State prisoners
were under age 18 on December 31,
1997, up from 2,300 at yearend 1985
(table 1). These figures reflect the
estimated 1-day count of persons under
18 in custody of State prison
authorities. As a percentage of all
inmates, State prisoners under age 18
have consistently represented about
0.5% of the State prison population
since the mid-1980’s. The total State
prison population increased from about
451,800 inmates at yearend 1985 to
1,075,000 at yearend 1997.
Prison admissions rose 7% per year
among persons under age 18
New admissions (or new court commitments) of offenders under age 18
increased from 3,400 in 1985 to an
estimated 7,400 persons in 1997,
representing an annual increase of
about 7% per year (figure 1). The
number of persons admitted under 18
peaked at 7,600 in 1995, then
decreased slightly during 1996 and
1997.

State prison inmates
Under Age 18
18
or older

*Excludes Hispanics.

On average, the increase in new admissions was greater among persons
under age 18 (up 7% per year) than for
persons of all ages entering prison (up
5% per year). The total number of
persons admitted to State prison as
new court commitments rose from
183,100 in 1985 to 323,000 in 1990,
and then increased more slowly to
334,500 in 1997.

mated to reflect national totals for
admissions among persons under age
18. (See Methodology for details.) To
ensure greater comparability across
jurisdictions, cases in this analysis
were restricted to offenders whose
sentence was greater than 1 year.
As a result of these procedures, the
estimates in this report differ from those
produced in the Office of Juvenile
Justice and Delinquency Prevention’s
(OJJDP) Juvenile Victims and Offenders: 1999 National Report (NCJ
178257).

The National Corrections Reporting
Program (NCRP) generally reports
about 90% of all admissions. The data
presented in this report were reesti-

New court commitments to State prison, 1985-97
Persons of all ages

Persons under age 18

Number of State prisoners

Number of State prisoners

400,000

10,000
8,000

300,000

6,000
200,000
4,000
100,000

2,000

0
1985 1987 1989 1991 1993 1995 1997

0
1985 1987 1989 1991 1993 1995 1997

Figure 1

Profile of State Prisoners under Age 18, 1985-97

3

The number of persons under age 18 The largest increases among persons
admitted under 18 were for robbery and
admitted for violent offenses nearly
aggravated assault. The number
tripled in 13 years
admitted for robbery nearly tripled
Violent offenses were the main compo- between 1985 and 1997 (from 930 to
nent to the growth in under-18 prison
2,360) and the number admitted for
admissions between 1985 and 1997,
aggravated assault increased more
representing 70% of the total increase. than fourfold (from 230 to 1,060).
During 1997, 4,510 persons under 18
were admitted to State prison for violent The number of offenders under age 18
offenses, up from about 1,730 in 1985
admitted to prison for drug offenses
(table 2). As a percentage of all
increased twelvefold (from 70 to 840)
persons admitted under 18, violent
between 1985 to 1997. By 1997 drug
admissions rose from 52% in 1985 to
offenders made up 11% of admissions
61% in 1997.
among persons under 18 compared to
Table 2. Number of persons under age 18 admitted to State prison,
by most serious offense, 1985-97

Most serious offense

New court commitments of persons under age 18 to State prisons
1985
1990
1997
Number
Percent
Number Percent
Number
Percent
3,400

100%

5,100

100%

7,400

100%

Violent offenses
Murdera
Sexual assaultb
Robbery
Aggravated assault

1,730
230
230
930
230

52%
7
7
28
7

2,270
310
180
1,020
570

45%
6
4
20
11

4,510
500
300
2,360
1,060

61%
7
4
32
14

Property offenses
Burglary
Larceny/theft
Motor vehicle theft

1,410
930
230
110

42%
28
7
3

1,780
940
300
320

35%
19
6
6

1,590
950
230
160

22%
13
3
2

70

2%

820

16%

840

11%

140

4%

200

4%

360

5%

All offenses

Drug offenses
Public-order offenses

Note: All data are estimated. Includes only those with a sentence of more than 1 year.
In 1997, 1% of offenders under 18 were admitted for “other” offense types. Other offense types
are not shown in detail. See Methodology for procedures used for calculating national estimates.
a
Includes nonnegligent manslaughter.
b
Includes forcible rape and other sexual assaults.

2% in 1985. In contrast, the percentage admitted for property offenses
decreased from 42% in 1985 to 22% in
1997. This drop was largely a consequence of a sharp decline in the
percentage of offenders under 18
admitted for burglary.
In 1996, 9,160 persons under 18 were
convicted of violent felonies; nearly
4,200 were sent to prison
In 1996, the latest year for which felony
conviction data are available, nearly
138,500 persons ages 13 to 17 were
arrested for violent offenses, including
murder, nonnegligent manslaughter,
forcible rape, robbery, aggravated
assault, and other sexual assault (table
3). For comparable violent offenses,
State courts convicted more than 9,100
persons under 18 and State prisons
admitted 4,180 persons under age 18.
The majority of persons arrested under
age 18 in 1996 were handled in the
juvenile justice system.
Although data on individual cases
tracked from time of arrest to final
disposition are not available for persons
under age 18, simple ratios of convictions to arrests and prison admissions
to convictions approximate the likelihood of conviction and incarceration
given an arrest. These ratios suggest
that of persons under age 18 in criminal

Table 3. Felony convictions and admissions to State prison relative to the number of arrests for persons under age 18, 1996

Most serious offense

National Corrections Reporting Program
National Judicial Reporting Program (NJRP)
Number of
Number of felony
Number of
admissions to State
Uniform Crime Reports (UCR) Number of
prison per 1,000
Number of persons
felony
convictions per
admissions to
arrested ages 13-17
convictions
1,000 arrests
State prison
felony convictions

Violent offensesa
Murderb
Sexual assaultc
Robbery
Aggravated assault

138,470
2,820
18,970
47,340
69,340

9,161
998
793
4,375
2,995

66
354
42
92
43

4,180
500
310
2,280
1,090

456
501
391
521
364

Property offensesd
Burglary
Larceny/theft
Motor vehicle theft

622,720
119,040
433,390
70,290

8,750
5,256
2,877
617

14
44
7
9

1,420
1,030
240
150

162
196
83
243

Drug offenses

207,120

6,019

29

860

143

Note: All data are estimated. See Methodology for estimation of arrests (UCR), felony convictions in State courts (NJRP), and State
prison admissions (NCRP) by offense. NJRP estimates a total of 29,000 State felony convictions of persons under age 18 at time of arrest.
a
Includes only murder, sexual assault, robbery, and aggravated assault.
b
Includes nonnegligent manslaughter.
c
Includes forcible rape and other sexual assault.
d
Includes only burglary, larceny/theft, and motor vehicle theft.

4 Profile of State Prisoners under Age 18, 1985-97

court, those arrested for murder and
robbery were the most likely to receive
a prison sentence.
In 1996 for every 1,000 persons under
age 18 arrested for murder, there were
354 persons convicted of murder in
State court and 177 persons sentenced
to prison. For every 1,000 persons
under age 18 arrested for robbery,
there were 92 convicted of robbery and
48 sentenced to prison. These ratios
were substantially lower among other
offense types.
As aggregates these rates are not
based on individual cases tracked
through the criminal system. Persons
arrested for one offense may be

convicted of a different crime. Cases
initiated in one year may be disposed of
in subsequent years. In addition,
persons arrested or convicted under 18
may not be under 18 at the time of
prison admission.
State prison admissions grew
faster than arrests
Between 1985 and 1997, the likelihood
of incarceration relative to arrests
increased for persons under age 18
(table 4). In 1997 an estimated 33
persons under 18 were admitted to
State prison for violent offenses for
every 1,000 arrests, up from 18 per
1,000 violent arrests in 1985.

Prison admissions more than
doubled among male offenders
under age 18

Table 4. Number of admissions of persons under age 18 to State prison
per 1,000 arrests of persons under age 18, 1985-97
Most serious offense

Number of new court commitments per 1,000 arrests
1985
1992
1997
1990
1994

Violent offensesa
Murderb
Sexual assaultc
Robbery
Aggravated assault

18
153
12
29
6

17
98
9
27
10

21
136
9
33
12

23
150
11
34
12

33
200
15
63
16

Property offensesd
Burglary
Larceny/theft
Motor vehicle theft

2
6
1
2

3
8
1
4

3
8
1
4

2
7
1
3

2
8
1
2

Drug offenses

1

10

10

6

4

Note: All data are estimated. Arrests reflect the proportion of persons age 13 to 17
for a given offense by the total estimated number of persons arrested by offense (UCR).
a
Includes only murder, sexual assault, robbery, and aggravated assault.
b
Includes nonnegligent manslaughter.
c
Includes forcible rape and other sexual assault.
d
Includes only burglary, larceny/theft, and motor vehicle theft.

Table 5. Number of males under age 18 admitted to State prison, by race
and most serious offense, 1985-97
Most serious offense

1985
White
Black

1990
White
Black

1997
White
Black

1,300

1,900

1,500

3,300

2,600

4,300

Violent offenses
Murder
Sexual assault
Robbery
Aggravated assault

440
80
80
160
90

1,180
120
160
710
140

470
70
60
130
140

1,650
250
110
810
400

1,400
170
160
580
390

2,730
260
140
1,640
540

Property offenses
Burglary
Larceny/theft
Motor vehicle theft

770
510
110
50

600
390
120
60

890
540
120
120

780
350
150
180

940
610
130
70

670
360
100
100

Total

Drug offenses

20

30

50

720

120

640

Public-order offenses

50

80

60

130

120

230

The number of admissions relative to
arrests grew for murder, sexual assault,
robbery, aggravated assault, and drug
offenses between 1985 and 1997. In
this period the number of admissions
per 1,000 arrests for robbery, drug
offenses, and aggravated assault more
than doubled. For every 1,000 arrests
for robbery, 29 persons under age 18
entered prison in 1985 and 63 persons
in 1997. For every 1,000 arrests for
aggravated assault, 6 persons under
age 18 entered prison in 1985 and 16
persons in 1997. Among those under
age 18 arrested for property offenses,
the likelihood of prison, lower than for
violent offenses, fluctuated across the
13 years.

From 1985 to 1997, the number of
black and white males admitted under
age 18 to State prison more than
doubled (table 5). In 1997, 4,300 black
males under 18 entered State prison,
compared to 1,900 in 1985. An
increase in admissions for violent
offenses, largely robbery, from 1,180 to
2,730 was responsible for 65% of the
overall growth. Increased admissions
for drugs accounted for another 25%.
A similar pattern of growth in violent
offenders existed for white males under
age 18. The number of white males
under age 18 admitted to State prison
doubled between 1985 and 1997, from
1,300 to 2,600. Admissions for violent
offenses accounted for 73% of the total
growth in admissions of young white
males. Property offenses accounted
for an additional 13% of the growth.
During 1985, an estimated 20 white
males and 30 black males under age
18 were admitted to State prison for
drug offenses. In 1997 black males
under age 18 outnumbered white males
of the same age by more than 5 to 1
(640 to 120 admissions for drug
offenses).

Note: All data are estimated. Data are not disaggregated by Hispanic origin. Includes
only those with a sentence of more than 1 year. Other offense types not shown in detail.
See Methodology for calculation of national totals by race estimated from NCRP.

Profile of State Prisoners under Age 18, 1985-97

5

Table 6. Selected characteristics of persons under age 18 admitted
to State prison, 1985-97
Characteristics

New commitments to State prison for persons under age 18
1985
1997
1990

Gender
Male
Female

97%
3

98%
2

97%
3

Race/Hispanic origin
White*
Black*
Hispanic
Other

32%
53
14
1

21%
61
15
1

25%
58
15
2

Age at admission
14 or under
15
16
17

0%
2
18
80

0%
3
17
80

1%
4
21
74

Education
8th grade or less
9th-11th grade
High school graduate
Some college
Other

32%
63
4
0
1

28%
68
3
0
1

28%
66
5
0
1

Note: Detail may not add to total because of rounding. Includes only those
with a sentence of more than 1 year. High school graduate includes GED.
*Excludes Hispanics.

Nearly two-thirds of offenders admitted to State prison under age 18 were
sentenced for a violent offense compared to a third of those ages 18-24
An estimated 111,100
offenders under age 25
were admitted to State
prison as new court
commitments in 1997.
At the time of admission,
51% were ages 21 to 24,
42% were 18 to 20, and
7% were under 18.
Persons admitted under 18
were more likely to be black
males sentenced to prison
for a violent offense,
especially robbery and
aggravated assault (not
shown in table).
Nearly 30% of offenders
admitted under 18 in 1997
were black males convicted
of robbery or aggravated
assault, compared to 16%
of those ages 18 to 20 and
11% of persons 21 to 24.

Persons admitted as new
court commitments, 1997 —
Under 18
18-20
21-24
Total

100 %

100 %

100 %

Gender
Male
Female

97 %
3

96 %
4

94 %
6

Race/Hispanic origin
White*
Black*
Hispanic
Other

25 %
58
15
2

31 %
50
17
2

30 %
47
21
2

Most serious offense
Violent
Property
Drug
Public-order

61 %
21
11
5

39 %
30
22
7

32 %
28
31
8

Note: Includes only offenders with a sentence of
more than 1 year. Detail may not add to total due
to rounding.
*Excludes Hispanics.

6 Profile of State Prisoners under Age 18, 1985-97

Nearly 6 out of 10 offenders
admitted to State prison under
age 18 were black
Fifty-eight percent of offenders admitted under 18 in 1997 were black and
25% were white, representing a gradual
change from 1990, when blacks
comprised 61% of admissions and
whites 21% (table 6). The racial
characteristics of persons admitted
under 18 had shifted more dramatically
between 1985 and 1990. During this
period the percentage of black admissions increased from 53% to 62%, and
the percentage of whites fell from 32%
to 21%. Hispanic admissions, as a
proportion of all persons under age 18
entering State prison, have remained
stable from 1985 to 1997. Two percent
of persons admitted under age 18 in
1997 were Asian or American Indian.
Black offenders were more likely than
offenders of other racial groups to be
admitted to prison for violent offenses.
For every 10 violent offenders admitted
under age 18 in 1997, 6 were black, 2
were white, and 2 were Hispanic.
Whites accounted for more than half of
property offenders admitted under age
18 in 1997.
The vast majority of offenders admitted
under age 18 were male, with females
representing about 3% of admissions in
1997. Among these young female
offenders, 72% were sentenced to
State prison for violent offenses,
including 21% for assault, 33% for
robbery, and 9% for murder.
Age at admission decreased since the
mid-1980’s. In 1997, 26% of persons
admitted under 18 were 16 or younger
at time of admission, including 5% who
were under age 16. In 1985 and 1990,
20% of offenders were 16 or younger at
the time of admission to prison.
Nine out of ten offenders had not
graduated from high school at the time
of admission. Among persons admitted
under 18 in 1997, 96% of blacks, 95%
of Hispanics, and 90% of whites had
not gone beyond the 11th grade.

Maximum sentences for violent
offenders under age 18 were shorter
on average in 1997
Recent sentencing reforms are linked
to reducing the difference between the
imposed sentence and the time actually
served, and to increasing time served
(see Truth in Sentencing in State
Prisons. BJS Report, NCJ 170032).
The mean sentence length imposed on
offenders under 18 entering prison
decreased from 86 months in 1985 to
82 months in 1997 (table 7). However,
the projected minimum time expected
to be served for persons under 18
increased between 1985 and 1997. If
parole eligibility requirements, goodtime credits, and early release policies
are taken into account, persons under
18 entering prison in 1997 were
expected to serve a minimum of 44
months in prison, up from 35 months
in 1985.
Among violent offenders entering
prison under 18, sentences have

declined from an average of 109
months in 1985 to 98 months in 1997.
On average, violent offenders admitted
under 18 in 1997 were expected to
serve 12 months longer than those
admitted in 1985 (or a minimum of 59
months versus 47 months).

The average sentence length for
robbery offenders admitted under 18
declined from 89 months in 1985 to 85
months in 1997. Yet, the minimum time
expected to be served for these offenders increased 12 months over this time
period, from 33 months to 45 months.
Among person under 18 sentenced for
By offense, the largest monthly
weapons offenses, the average
increase in average sentence length
sentence length decreased 15 months
between 1985 and 1997 was for murder between 1985 and 1997 (60 months to
offenders, up from 231 months to 244
45 months) but the minimum time to be
months. Offenders under 18 admitted
served increased from 22 months to 28
to prison for murder in 1997, without a
months.
life sentence, were expected to serve
40 months longer than offenders admit- Offenders under 18 admitted in 1997
ted in 1985 (180 months versus 140
for drug offenses were sentenced to an
months).
average of 54 months in prison, a 7
month decline from 1990. These
Overall, 3% of offenders admitted
young offenders were expected to
under age 18 in 1997 were sentenced
serve 4 months longer in 1997 than in
to life imprisonment. Among those
1990 (24 months versus 20 months).
convicted of murder/nonnegligent
manslaughter, 32% were sentenced to
life, 5% were sentenced to life without
parole, and 1% were sentenced to
death.

Table 7. Maximum sentence and minimum time to be served,
by offense for persons admitted under age 18, 1985-97

Most serious offense

New commitments to State prison for persons under age 18
Mean minimum time to be servedb
Mean maximum sentence lengtha
1985
1997
1990
1990
1985
1997
86 mo

82 mo

82 mo

35 mo

41 mo

44 mo

109 mo
231
138
151
135
89
79
65

112 mo
246
144
127
119
90
94
68

98 mo
244
115
131
96
85
77
63

47 mo
140
58
67
54
33
35
27

59 mo
121
72
57
58
41
60
57

59 mo
180
59
72
58
45
40
31

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Other property

60 mo
65
47
48
44

57 mo
65
52
45
40

57 mo
63
52
43
43

19 mo
20
15
11
26

27 mo
30
18
24
25

25 mo
27
17
26
20

Drug offenses
Possession
Trafficking
Other unspecified drug

51 mo
43
57
39

61 mo
52
70
48

54 mo
54
55
49

18 mo
17
15
25

20 mo
19
22
14

24 mo
20
27
14

Public-order offenses
Weapons
Other public-order

57 mo
60
56

46 mo
49
44

47 mo
45
51

19 mo
22
17

25 mo
22
27

25 mo
28
20

All offenses
Violent offenses
Murder/nonnegligent manslaughter
Negligent manslaughter
Rape
Other sexual assault
Robbery
Assault
Other violent

Note: Includes only offenders with a sentence of more than 1 year. Excludes life sentences and
persons sentenced to death. Detail may not add to total because of rounding.
a
Maximum sentence length an offender may be required to serve for the most serious offense.
b
Minimum time to be served is the jurisdiction’s estimate of the shortest time each admitted prisoner
must serve before becoming eligible for release.

Profile of State Prisoners under Age 18, 1985-97

7

A growing number of inmates
released from prison had been
admitted under age 18

Among persons admitted under 18,
an increasing percentage are
released from prison
unconditionally

In 1997 an estimated 9,300 inmates
released from prison had been admitted on their current sentence prior to
their 18th birthday (not shown in table).
This represented a 66% increase from
1985, when approximately 5,600
inmates were released from prison who
had been admitted under the age of 18.
Of persons released from State prison
in 1990, an estimated 6,500 had been
admitted on their current sentence
while under age 18, an increase of 16%
from 1985.

The percentage of offenders who had
been admitted to prison under 18 and
then released unconditionally grew from
1985 to 1997 (table 8). Persons
released unconditionally cannot be
returned to prison for any remaining
portion of their current sentence. In
1997, 21% of offenders were released
who had served their entire prison
sentence (or expired their sentence),
up from 17% in 1985.
Among persons admitted under age 18
and exiting prison in 1997, 71% were
released on a conditional basis, including 41% who were released at the
discretion of the parole board. This
represented a decline from 1985, when
78% of comparable offenders were
released conditionally from State
prison, 51% by the parole board.

Table 8. Method of release for persons admitted under
age 18 and released from State prison in 1985, 1989, and
1997

Method of release

Among persons admitted under age 18,
percent of first releases
1985
1997
1990
100%

100%

100%

Conditional releases
Parole board
Mandatory parole
Probation release
Other conditional

78%
51
18
8
1

78%
56
10
11
1

71%
41
16
11
3

Unconditional releases
Expiration
Commutation/pardon
Other unconditional

18%
17
0
1

17%
15
0
2

22%
21
0
1

Death

0%

0%

0%

Escape/AWOL

2%

2%

1%

Other releases

2%

2%

6%

All methods

Note: In 1990, 1989 data were substituted for Florida because of more
complete reporting in that year. Table includes only offenders with a
total sentence of 1 year released for the first time on their current
sentence. Other releases includes transfers, releases on appeal or
bond, and other methods of release from State prison. Detail may not
add to total because of rounding.

Nearly half of prisoners released in
1997 were sentenced to prison for a
violent crime
Among persons admitted to prison
under age 18, sentences for violent
offenses accounted for 48% of persons
released in 1997 and 58% of those
released in 1985 (table 9). The
percentage of drug offenders grew
among released inmates, from 1% to
17%, while the percentage of property
offenders declined from 37% to 28%.
Fifty-nine percent of persons admitted
to prison under age 18 and released
in 1997 were black, 21% were white,
and 18% were of Hispanic origin.
Compared to inmates released in 1985,
the proportion of whites decreased in
the exiting population and the proportion of Hispanics increased.

Table 9. Selected characteristics of persons admitted
under age 18 and released from State prison in 1985,
1990, and 1997
Demographic
characteristic

Among persons admitted under age 18,
percent of first releases
1985
1997
1990
100%

100%

100%

Gender
Male
Female

97%
3

98%
2

97%
3

Race/Hispanic origin
White*
Black*
Hispanic
Other

28%
58
13
1

24%
60
15
1

21%
59
18
2

Education
8th grade or less
9th-11th grade
High school graduate
Some college
Other

37%
59
4
0
0

30%
66
4
0
1

26%
64
9
0
1

Offense type
Violent offenses
Property offenses
Drug offenses
Public-order offenses
Other offenses

58%
37
1
4
0

40%
42
14
4
1

48%
28
17
6
1

Total

Note: Excludes death, transfers, escape/AWOL, other releases
and cases missing release type. Includes only offenders with a
total sentence of 1 year released for the first time on their current
sentence. High school graduate includes GED. Detail may not add
to total because of rounding.
*Excludes Hispanics.

8 Profile of State Prisoners under Age 18, 1985-97

Released violent offenders admitted
under 18 had served 53% of their
sentences in 1997 and 46% in 1985
State prisoners admitted under age 18
and released for the first time on their
current offense in 1997, served on
average 37 months, or 33 months in
prison and 4 months in jail (table 10).
This represented little change from
prior years. Offenders admitted under
18 and released in 1990 served an
average of 35 months, or 31 months in
prison and 4 months in jail, while
comparable offenders released in 1985
served 37 months, 33 months in prison
and 4 months in jail.
The average total time served has
fluctuated for violent offenders under
age 18. Following an increase between
1985 to 1990 (44 months to 55
months), total time served for violent
offenders fell to 46 months for those
released in 1997. Only violent offenders admitted under age 18 for

murder/nonnegligent manslaughter (69
months versus 106 months) and rape
(63 months versus 80 months) served
appreciably longer sentences in 1997
than in 1985.
The patterns of time served for nonviolent offenders differed from that for
violent offenders. Between 1985 and
1997, the average time served for
property offenders increased from 26
months to 33 months. The greatest
increase among property offenders,
was for those sentenced for larceny/
theft who served on average 18 months
longer in 1997 than in 1985. The
average total time served for drug
offenses fell from 26 months in 1985 to
22 months in 1997.
The proportion of the total sentence
that offenders actually served in jail and
prison increased from 1985 to 1997.
Overall, offenders admitted under 18
and released in 1997 served 50% of
their total maximum sentence

Table 10. Time served and percent of sentence served among
persons admitted under age 18 and released from State prison
in 1985, 1990, and 1997

Most serious offense
All offenses

Among persons admitted under age 18 and released
Percent of sentence servedb
Mean total time serveda
1985
1985
1997
1990
1997
1990
37 mo

35 mo

37 mo

46%

45%

50%

44 mo

55 mo

46 mo

46%

51%

53%

Violent offenses
Murder/nonnegligent
manslaughter
Negligent manslaughter
Rape
Other sexual assault
Robbery
Assault
Other violent

69
60
63
49
40
39
--

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Other property

26 mo
28
21
26
12

25 mo
30
15
25
21

Drug offenses
Possession
Trafficking
Other unspecified drug

26 mo
-16
--

16 mo
14
17
14

115
59
83
38
47
37
--

106
53
80
49
42
41
24

35
55
51
49
46
53
--

47
62
66
32
49
53
--

53
53
56
59
52
58
47

33 mo
33
39
29
21

41%
42
36
55
48

40%
40
31
50
50

50%
47
57
60
47

22 mo
26
21
20

50%
-29
--

30%
29
28
30

37%
42
34
42

26 mo
23 mo
27 mo
46%
51%
51%
Public-order offenses
Weapons
30
25
27
63
52
51
Other public-order
26
18
26
43
45
47
Note: Includes only offenders with a sentence of more than a year released for the first
time on the current sentence. Excludes prisoners released by escape, death, transfer,
appeal or detainer. Details may not add to total because of rounding.
a
Total time served in prison includes average time served in prison and average time
spent in jail credited towards current sentence.
b
Based on the mean total time served and mean total maximum sentence length by offense.
-- Fewer than 10 cases.

compared to 46% in 1985. During this
13-year period, the proportion of the
total sentence served increased for
both violent offenders (46% to 53%)
and property offenders (41% to 50%).
Drug offenders served the smallest
proportion of their given sentence,
about 37% for those released in 1997,
up from 30% in 1990.
Persons under 18 admitted to
facilities under contract to the
Federal Bureau of Prisons
During fiscal year 1997, 189 persons
under age 18 were admitted to
juvenile correctional facilities under
contract to the Federal Bureau of
Prisons. The Federal Bureau of
Prisons does not have its own facilities for persons under 18. Half of
these offenders had been adjudicated
delinquent for a violent offense and
nearly a third for a property offense.
Seventy-two percent of persons
admitted under 18 were Native Americans, 18% were white, 7% were
black, and 3% were Asian. About
10% of persons admitted under 18
were of Hispanic origin. The majority
of confined offenders were U.S.
citizens (95%), 4% were Mexican
citizens, and 1% were citizens
of Honduras or Colombia.
Characteristic

Percent admitted
under 18

Gender
Male
Female

95%
5

Race
White
Black
American Indian
Asian

18%
7
72
3

Hispanic origin
Hispanic
Non-Hispanic

11%
89

Offense type
Violent
Property
Drug
Public-order

52%
31
6
11

Country of origin
United States
Mexico
Other

95%
4
1

Number of
admissions

189

Source: Bureau of Prisons, Sentry system
data file, fiscal year ending September 30,
1997.

Profile of State Prisoners under Age 18, 1985-97

9

Among persons under age 18, 78% expected to be released by age 21
Correctional officials report the
minimum time to be served, an
estimate of how long prisoners are
expected to remain in prison, given
their sentence and release policies.
Of persons under age 18 when admitted to State prison in 1997, an
estimated 8% were expected to be

released before their 18th birthday.
Over a third of the offenders were
expected to be release before age 19,
and over three-fourths before age 22.
Overall, 93% of offenders admitted
under 18 in 1997 would have served
their minimum sentence in State
prison before reaching age 28.

Estimated age of release for persons
under age 18 admitted to State prison
Percent released based on minimum
time to be served
100%

Methodology
Data sources

National Corrections Reporting
Program (NCRP)
This report presents data primarily from
the NCRP, which collects individual
level data for persons admitted to and
released from State prison in each
calendar year. These data cover
prisoners admitted to or released from
custody regardless of the jurisdiction
where the prisoner was sentenced.
The analysis is limited to prisoners with
a total sentence of more than a year.
The NCRP data sets are available from
the National Archive of Criminal Justice
Data at the University of Michigan and
can be downloaded via the Internet. A
codebook, explanatory notes, and
sample SPSS and SAS database setup
files are included with each data set.
The data sets for 1983 through 1996
are also available on a series of nine
CD-ROM’s.

80%

60%

40%

20%

National Prisoner Statistics (NPS)
0%
Under 18
18

19

20

21

22 23 24
Age at release

25

26

27

28

Note: Minimum time served was provided in 51% of all cases involving persons admitted
to State prison under 18 in 1997 (NCRP). The expected age of release was estimated by
adding age at admission to minimum time to be served. These calculations are estimates of
the earliest possible release age and are not the actual age of release from prison.

The NPS program obtains year-end
and midyear counts of prisoners from
departments of correction in each of the
50 States, the District of Columbia, and
the Federal Bureau of Prisons. In an
effort to collect comparable data from

State correctional systems differ in their housing and program assignments of inmates under age 18
States correctional responses available
for persons under 18 who are
sentenced to prison include straight
adult incarceration, graduated incarceration, and segregated incarceration.
The description of State correctional
responses was summarized from State
Responses to Serious and Violent
Juvenile Crime (OJJDP, 1996).

Straight adult incarceration refers to
persons under 18 incarcerated as
adults with little differentiation in
programming between inmates. Most
States allow underage inmates to be
housed in State correctional facilities
with other adult offenders. Six States
(Arizona, Hawaii, Kentucky, Montana,

Tennessee, and West Virginia) require
separate housing for State inmates
under age 18. In North Dakota and
California no person under age 16 can
be held in an adult prison.

transferring or releasing offenders
varies across States.

Eight States (Florida, South Carolina,
Colorado, Kentucky, New Mexico,
Wisconsin, California, and New York)
Graduated incarceration is employed in apply segregated incarceration assign12 States (Delaware, Georgia,
ing certain underage offenders to
Maryland, Missouri, North Dakota,
specific facilities based on age and
Ohio, Oregon, Tennessee, Texas,
programming needs. In Florida
Utah, Washington, and West Virginia). persons under 18 convicted in criminal
Inmates under 18 begin their sencourt can be sentenced to the youthful
tences in a juvenile facility until they
offender program that separates ages
reach a certain age (usually 18). The
14-18 from ages 19-24. These
offender can then be transferred to an
programs offer youthful offenders
specialized educational, vocational,
adult facility to serve the remainder of
the sentence, or, if the State chooses,
and life skills training, as well as
substance abuse treatment.
can be released. The mechanism for

10 Profile of State Prisoners under Age 18, 1985-97

Estimating State court conviction
offenses for persons under age 18

all jurisdictions, National Prisoner
Statistics (NPS) distinguishes prisoners
in custody from those under State jurisdiction. To have custody of a prisoner,
a State must hold that person in one of
its facilities. Excluded from NPS counts
are persons confined in locally administered confinement facilities who are
under the jurisdiction of local
authorities.

proportion of new court commitments
under age 18 reported in NCRP in each
year by the total number of new court
commitments with a sentence of more
than 1 year (as reported in NPS). To
obtain offense-specific estimates, the
offense distribution of persons admitted
under age 18 was multiplied by the
estimated number of new court commitments under 18 for each year.

Survey of Inmates in State Correctional
Facilities (SISCF)

To obtain national estimates for
persons admitted under 18 by race and
gender, the proportion of male admissions under 18 by race (NCRP) was
multiplied by the total number of black
and white males admitted to State
prison as new court commitments (see
table 1.20 in Correctional Populations in References
the United States, 1996, NCJ 170013).
Correctional Populations in the United
States, 1995, BJS report, NCJ 163916,
To obtain national estimates for prison
releases by age at admission, the
May 1997.
proportion of persons admitted under
Correctional Populations in the United
18 in each release year (NCRP) was
States,
1996, BJS report, NCJ 170013,
multiplied by the total number of
April
1999.
releases with a sentence of more than
1 year (NPS). Releases excluded
Crime in the United States, published
escapees, AWOL’s, and transfers.
annually 1985 - 97. FBI, Uniform Crime
Reports.
Estimating persons under 18 in State
Juvenile Felony Defendants in Criminal
prison
Courts, BJS Special Report, NCJ
165815, September 1998.
To calculate the number of persons

The SISCF, conducted every 5 to 6
years, provides data on the individual
characteristics of prison inmates.
Based on scientifically selected
samples of facilities and of inmates
held in them, these surveys provide
information unavailable from any other
source. For this report, information on
the sex, race/Hispanic origin, and most
serious offense of persons under age
18 was drawn from the 1997 survey.

Annual Survey of Jails (ASJ)

The ASJ collects information on the
number of inmates held in local jails.
Prior to 1994, jail inmate counts include
only persons under 18 defined by State
statute as juveniles and subject initially
to juvenile court jurisdiction. In 1994
the definition was changed to include all under 18 in custody of State prison
persons under age 18.
authorities at yearend, the total number
of State inmates in custody (from NPS)
National Judicial Reporting Program
was multiplied by the proportion of
(NJRP)
State inmates under age 18 (from
SISCF, 1986, 1991, 1997). State
The NJRP is a biennial survey largely
prison custody number for 1990 and
based on court and prosecutors’
1995 were based on the Census of
records. It compiles information on the
State and Federal Correctional Facilinumber and characteristics of persons
ties.
convicted of a felony in State criminal
courts nationwide.
Estimating arrests of persons ages 13
to
17 from the FBI’s Uniform Crime
Estimation procedures
Reports (UCR)
Estimating State prison admissions
To account for law enforcement
and releases
agencies that did not report to the UCR,
among reporting agencies and for each
The NCRP generally reports over 90%
Index offense, the proportion of arrests
of all State prison admissions and
releases. In order to account for differ- of persons ages 13-17 to all arrests for
ences in State participation and data
was calculated. This proportion was
reported and to draw year-to-year
then multiplied by the FBI’s nationally
comparisons, national totals were
estimated number of arrests per
estimated for each year. These figures offense, which considers reporting
were estimated by multiplying the
and nonreporting agencies.

To account for cases in which the
defendant's age at arrest was unknown,
the offense distribution for offenders
under age 18 at the time of arrest,
conviction, or sentencing was calculated. Then a national total for persons
under 18 convicted in State courts was
generated (29,000 persons), which
included an adjustment for missing data
from New York. This readjusted
national total was multiplied by the
distribution of conviction offenses
known for 21,000 persons under 18.

Juveniles Prosecuted in State Criminal
Courts, BJS Special Report, NCJ
164265, March 1997.
Prison and Jail Inmates at Midyear
1998, BJS Bulletin, NCJ 173414,
March 1999.
Juvenile Arrests 1997. OJJDP, NCJ
173938, July 1999.
State Legislative Responses to Violent
Juvenile Crime: 1996-97 Update.
OJJDP, NCJ 172835, November 1998.
State Responses to Serious and Violent
Juvenile Crime. OJJDP, NCJ 161565,
July 1996.
Truth in Sentencing in State Prisons.
BJS Special Report, NCJ 170032.
January 1999.

Profile of State Prisoners under Age 18, 1985-97

11

The Bureau of Justice Statistics
is the statistical agency of the
U.S. Department of Justice.
Jan M. Chaiken, Ph.D., is director.

This report and others from the
Bureau of Justice Statistics are
available through the Internet 
http://www.ojp.usdoj.gov/bjs/

BJS Special Reports address a
specific topic in depth from one or
more datasets that cover many
topics.
Kevin J. Strom wrote this report
under the supervision of Allen J.
Beck and Steven K. Smith. Howard
Snyder and Melissa Sickmund from
the National Center for Juvenile
Justice provided assistance and
helpful comments, while Joseph
Moone of Office of Juvenile Justice
and Delinquency Prevention supplied
analysis on juvenile facility statistics.
At BJS, Paula Ditton provided statistical assistance and review. Tom
Hester and Tina Dorsey edited the
report. Jayne Robinson prepared
the report for publication.

The data from National Corrections
Reporting Program, the Surveys of
Inmates in State Correctional Facilities, and the Annual Survey of Jails
are available from the National
Archive of Criminal Justice Data,
maintained by the Institute for Social
Research at the University of Michigan, 1-800-999-0960. The archive
may also be accessed through the
BJS Internet site.

February 2000, NCJ 176989

12 Profile of State Prisoners under Age 18, 1985-97