The total number of inmates under BOP's jurisdiction increased from approximately 25,000 in FY1980 to over 205,000 in FY2015. Between FY1980 and FY2013, the federal prison population increased, on average, by approximately 5,900 inmates annually. However, the number of inmates in the federal prison system decreased from FY2013 to FY2015. Sentencing Commission (USSC), BOP, and scholars have identified several policy changes over the past three decades that have contributed to the growth of the federal prison population:
increases in the number of federal offenses subject to mandatory minimum sentences, changes to the federal criminal code that have made more crimes federal offenses, and the elimination of parole. There are a number of policy avenues lawmakers could consider should Congress choose to address the growth in the federal prison population. Finally, policymakers could consider repealing federal criminal statutes for some offenses. Congress is currently considering legislation that would put into effect some of the policy options discussed in this report, including expanding the "safety valve" for some low-level offenders, allowing inmates to earn additional good time credit as a part of a risk and needs assessment system, and reducing mandatory minimum penalties for some offenses. According to GAO, BOP reported
increased use of double and triple bunking, which brings together for longer periods of time inmates with a higher risk of violence and more potential victims; waiting lists for education and drug treatment programs, which can pose a threat to institutional security by increasing inmate idleness and may decrease recidivism-reducing benefits these programs can provide; limited meaningful work opportunities, which can also contribute to inmate idleness; crowded visiting rooms, which can make it difficult for inmates to visit with their families; and increased inmate-to-staff ratios, which can compromise institutional safety by increasing staff overtime and stress while reducing staff-inmate communication. The burgeoning prison population has contributed to mounting operational expenditures for the federal prison system. BOP's appropriations increased more than $7.1 billion from FY1980 ($330 million) to FY2016 ($7.479 billion). BOP's expanding budget is starting to consume a larger share of the Department of Justice's (DOJ) overall annual appropriations, meaning that funding for the federal prison system might start to crowd out funding for other DOJ initiatives. Continuing or Expanding Current Correctional Policies

Under the umbrella of continuing existing policies, Congress could consider addressing issues related to the burgeoning federal prison population by (1) expanding the capacity of the federal prison system, (2) continuing to invest in rehabilitative programming, (3) placing more inmates in private correctional facilities, or some combination of the three. Placing More Inmates in Private Prisons

BOP has placed an increasing share of federal inmates in contract facilities as a way of managing the growth in the federal prison population. Changing Existing Correctional and Sentencing Policies to Reduce the Prison Population

Policymakers might also consider whether they want to revise some of the changes that have been made to federal criminal justice policy over the past three decades. A confluence of these changes has resulted in an increasing number of offenders being sent to federal prisons. Changes to Mandatory Minimum Penalties

The U.S.
Since the early 1980s, there has been a historically unprecedented increase in the federal prison population. The total number of inmates under the Bureau of Prisons' (BOP) jurisdiction increased from approximately 25,000 in FY1980 to over 205,000 in FY2015. Between FY1980 and FY2013, the federal prison population increased, on average, by approximately 5,900 inmates annually. However, the number of inmates in the federal prison system has decreased from FY2013 to FY2015.
Some of the growth is attributable to changes in federal criminal justice policy during the previous three decades. These changes include increases in the number of federal offenses subject to mandatory minimum sentences, changes to the federal criminal code that have made more crimes federal offenses, and the elimination of parole.
The growth in the federal prison population can be a detriment to BOP's ability to safely operate their facilities and maintain the federal prison infrastructure. The Government Accountability Office (GAO) reports that the growing number of federal inmates has resulted in an 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 can contribute to increased inmate misconduct, which negatively affects the safety and security of inmates and staff.
The burgeoning prison population has contributed to mounting operational expenditures for the federal prison system. BOP's appropriations increased more than $7.1 billion from FY1980 ($330 million) to FY2016 ($7.479 billion). As a result, BOP's expanding budget is starting to consume a larger share of the Department of Justice's overall annual appropriation.
Should Congress choose to consider policy options to address the issues resulting from the growth in the federal prison population, policymakers could choose options such as increasing the capacity of the federal prison system by building more prisons; investing in rehabilitative programming (e.g., substance abuse treatment or educational programs) as a way of keeping inmates constructively occupied and potentially reducing recidivism after inmates are released; or placing more inmates in private prisons.
Policymakers might also consider whether they want to revise some of the policy changes over the past three decades that have contributed to the steadily increasing number of offenders being incarcerated. For example, Congress could consider options such as (1) modifying mandatory minimum penalties, (2) expanding the use of Residential Reentry Centers, (3) placing more offenders on probation, (4) reinstating parole for federal inmates, (5) expanding the amount of good time credit an inmate can earn, and (6) repealing federal criminal statutes for some offenses.
Congress is currently considering legislation (e.g., S. 2123, H.R. 3713) that would put into effect some of the policy options discussed in this report, including expanding the "safety valve" for some low-level offenders, allowing inmates to earn additional good time credit as a part of a risk and needs assessment system, and reducing mandatory minimum penalties for some offenses.