In contrast, Wisconsin does not calculate rated capacity but instead  uses design capacity and operational capacity. Rated Capacity Grew Less than 7 Percent, Contributing to Crowding

BOP’s 9.5 percent population growth from fiscal years 2006 through 2011  among inmates housed in BOP facilities exceeded the increase in its  rated capacity, which grew less than 7 percent (from 119,510 beds to  127,795). BOP Projects Continued Population Growth

BOP’s 2020 long-range capacity plan assumes continued growth in the  federal prison population from fiscal years 2011 through 2020, with about  15 percent growth in the number of inmates BOP will house. BOP’s Population Growth Has Negatively Affected Inmates, Staff, and Infrastructure, but BOP Has Acted to Help Mitigate These Effects

According to BOP and our observations, the growth of the federal inmate  population and related crowding have negatively affected inmates housed  in BOP institutions, institutional staff, and the infrastructure of BOP  facilities, and have contributed to inmate misconduct, which affects staff  and inmate security and safety. Additionally, BOP headquarters officials and union representatives we  spoke with expressed concerns about future effects of increased inmate  population growth. BOP Has Worked to Increase Inmate and Staff Safety and Security and Has Reported Utilizing Resources More Efficiently

BOP has taken actions to manage a growing population within its  facilities—and its approaches were similar to those in selected states we  reviewed. As previously discussed, because escalating  tensions in crowded facilities can cause increased security concerns,  BOP utilizes Special Housing Units to segregate inmates involved in  disciplinary infractions. States Have Taken Broader Actions Intended to Reduce Prison Populations than Those Taken at the Federal Level

While BOP and the five selected states have taken a variety of similar  actions to manage the growing number of inmates they incarcerate, these  states have been able to take broader actions than BOP to reduce their  prison populations because these states have legislative authority that  BOP does not have. Modifying Criminal Statutes and Sentencing

Two of the five states we reviewed have changed their sentencing  statutes or guidelines. However, as policy makers weigh whether and how  to address crowding in the federal system, options that will be important  to consider include (1) reducing the size of the projected inmate  population by reforming sentencing laws, allowing alternatives to  incarceration, and/or providing BOP greater sentencing flexibility; (2)  increasing capacity in the federal system by constructing new prisons,  contracting for additional private capacity, and adding additional staff; or  (3) taking some combination of both approaches. BOP provided technical clarifications, which we incorporated where  appropriate. What was the growth in the Bureau of Prison’s (BOP) population from  fiscal years 2006 through 2011, and what are BOP’s projections for  inmate population and capacity? 2. What is known about the effects of a growing federal prison  population on operations (i.e., inmates, staff, and infrastructure) within  BOP facilities, and to what extent has BOP taken actions to mitigate  these effects? 3. We  chose these prisons on the basis of varying security levels and to ensure  geographic dispersion. Further, to determine the extent to which BOP has taken actions to mitigate  the effects of a growing federal prison population, we analyzed BOP’s  statutory authority to identify provisions that affect BOP’s ability to mitigate  the effects of the growth of the prison population. Additionally, to further address the third question, we assessed the extent  to which actions implemented in the five states to reduce their prison  populations would be possible under current federal law for BOP to  implement. As a result of the growth in the inmate population in BOP-run facilities  relative to the increased rated capacity, crowding in BOP-run institutions  increased from 36 to 39 percent systemwide from fiscal years 2006  through 2011. BOP’s 2020 long-range capacity plan projects continued growth in the  federal prison population from fiscal years 2012 through 2020. All of the drug  treatment and drug education programs had waiting lists from fiscal years  2006 through 2011. Prisoner Releases: Trends and Information on Reintegration Programs.
Why GAO Did This Study

BOP operates 117 federal prisons to house approximately 178,000 federal offenders, and contracts with private companies and some state governments to house about another 40,000 inmates. BOP calculates the number of prisoners that each BOP run institution can house safely and securely (i.e., rated capacity). GAO was asked to address (1) the growth in BOPs population from fiscal years 2006 through 2011 and BOPs projections for inmate population and capacity; (2) the effects of a growing federal prison population on operations within BOP facilities, and the extent to which BOP has taken actions to mitigate these effects; and (3) actions selected states have taken to reduce their prison populations, and the extent to which BOP has implemented similar initiatives.
GAO analyzed BOPs inmate population data from fiscal years 2006 through 2011, BOPs 2020 long-range capacity plan, and BOP policies and statutory authority. GAO visited five federal prisons chosen on the basis of geographic dispersion and varying security levels. The results are not generalizable, but provide information on the effects of a growing prison population. GAO selected five states based on actions they took to mitigate the effects of their growing prison populationsand assessed the extent to which their actions would be possible for BOP. GAO makes no recommendations in this report. BOP provided technical clarifications, which GAO incorporated where appropriate.

What GAO Found

The Department of Justices Bureau of Prisons (BOP) 9.5 percent population growth from fiscal years 2006 through 2011 exceeded the 7 percent increase in its rated capacity, and BOP projects continued population growth. Growth was most concentrated among male inmates, and in 2011, 48 percent of the inmates BOP housed were sentenced for drugs. From fiscal years 2006 through 2011, BOP increased its rated capacity by about 8,300 beds as a result of opening 5 new facilities and closing 4 minimum security camps, but because of the population expansion, crowding (or population in excess of rated capacity) increased from 36 to 39 percent. In 2011 crowding was most severe (55 percent) in highest security facilities. BOPs 2020 long-range capacity plan projects continued growth in the federal prison population from fiscal years 2012 through 2020, with systemwide crowding exceeding 45 percent through 2018.
According to BOP, the growth in the federal inmate population has negatively affected inmates, staff, and infrastructure, but BOP has acted within its authority to help mitigate the effects of this growth. BOP officials reported increased use of double and triple bunking, waiting lists for education and drug treatment programs, limited meaningful work opportunities, and increased inmate-to-staff ratios. These factors, taken together, contribute to increased inmate misconduct, which negatively affects the safety and security of inmates and staff. BOP officials and union representatives voiced concerns about a serious incident occurring. To manage its growing population, BOP staggers meal times and segregates inmates involved in disciplinary infractions, among other things.
The five states in GAOs review have taken more actions than BOP to reduce their prison populations, because these states have legislative authority that BOP does not have. These states have modified criminal statutes and sentencing, relocated inmates to local facilities, and provided inmates with additional opportunities for early release. BOP generally does not have similar authority. For example, BOP cannot shorten an inmates sentence or transfer inmates to local prisons. Efforts to address the crowding issue could include (1) reducing the inmate population by actions such as reforming sentencing laws, (2) increasing capacity by actions such as constructing new prisons, or (3) some combination of both.