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. 

Bureau of Justice Statistics

Special Report

U.S. Department of Justice

Office of Justice Programs

• 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.

 Highlights

47 mo

59

35 mo

44

Minimum time to be served

1985

1997

109 mo

98

86 mo

 82

Maximum sentence —

1985

1997

All Violent

Average in months

Sentence and minimum time to be

served for persons under 18 admitted 

to State prison

1997 7,400 61

1995 7,600 57

1993 6,300 52

1990 5,100 45

1985 3,400 52%

Violent

percent 

Number of

admissions

Persons under 18 admitted to 

State prison

 Public-order 5 5

 Drugs 11 11

 Property 22 15

 Violent 61% 69%

Most serious offense

 Other 2 8

 Hispanic 15 13

 Black non-Hispanic 58 60

 White non-Hispanic 25% 19%

Race/Hispanic origin

 Female 3 8

 Male 97% 92%

Gender

Held in

prison

Admitted to

prison 

Characteristics of State prisoners 

under 18 in 1997 

1997 5,400 0.5

1995 5,300 0.5

1993 4,700 0.6

1990 3,600 0.5

1985 2,300 0.5%

Percent of 

Number held all inmates

Persons under 18 held in State prison

at yearend

Profile of State Prisoners

under Age 18, 1985-97

February 2000, NCJ 176989
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.

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.) 

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

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. 

At yearend 1997 an estimated 100,510

persons under age 18 were in custody

of adult or juvenile correctional facilities in the United States. About 86,000

or 86% of these offenders were held in

public (64%) or private (22%) juvenile

facilities, 9% were held in local jails,

and 5% were confined in State

prisons.

Comparable statistics do not exist for

years before 1997, the first year for

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

incarceration for persons under 18 in

1997 was 509 inmates per 100,000

U.S. residents. This rate includes all

delinquents under age 18 in custody

of juvenile or adult correctional facilities. The incarceration rate was

greater for offenders age 18 or older

held in State or Federal prison or in

local jails. Overall, in 1997 there were

864 inmates per 100,000 U.S. adult

residents.

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.

1997 100,510 5,400 9,100 63,670 22,340 509

Incarceration 

rated

 Juvenile facilitiesc 

 Public Private

Local 

jailsb

State

prisona

Total number of

persons under

Year 18 in custody

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

facilities, 1997
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. 

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. 

The National Corrections Reporting

Program (NCRP) generally reports

about 90% of all admissions. The data

presented in this report were reestimated 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).

 Profile of State Prisoners under Age 18, 1985-97 3

Figure 1

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

1997 5,400

1996 5,400

1995 5,300

1994 5,000

1993 4,700

1992 4,600

1991 4,400

1990 3,600

1989 3,300

1988 2,900

1987 2,700

1986 2,400

1985 2,300

Year Number held *

Table 1. Number of persons under 18

held in State prison at yearend,

1985-97 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%).

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.

 

Nearly three-fourths of State inmates under age 18 were black or Hispanic

*Excludes Hispanics.

Public-order offenses 5% 10%

Drug offenses 11% 21%

Larceny 5 4

Burglary 8 11

Property offenses 15% 22%

Assault 13 9

Robbery 37 14

Rape/sexual assault 2 9

13 13

Murder/nonnegligent

manslaughter

Violent offenses 69% 47%

 Most serious offense 

 Other 8 3

 Hispanic 13 17

 Black* 60 46

 White* 19% 34%

Race/Hispanic origin

 Female 8 6

 Male 92% 94%

Gender

Age 18 

or older

Under 

Characteristic 18

State prison inmates

1985 1987 1989 1991 1993 1995 1997

0

100,000

200,000

300,000

400,000

New court commitments to State prison, 1985-97

0

2,000

4,000

6,000

8,000

10,000

0

2,000

4,000

6,000

8,000

10,000

1985 1987 1989 1991 1993 1995 1997

Persons under age 18

Number of State prisoners Number of State prisoners

Persons of all ages
The number of persons under age 18

admitted for violent offenses nearly

tripled in 13 years

Violent offenses were the main component to the growth in under-18 prison

admissions between 1985 and 1997,

representing 70% of the total increase.

During 1997, 4,510 persons under 18

were admitted to State prison for violent

offenses, up from about 1,730 in 1985

(table 2). As a percentage of all

persons admitted under 18, violent

admissions rose from 52% in 1985 to

61% in 1997. 

The largest increases among persons

admitted under 18 were for robbery and

aggravated assault. The number

admitted for robbery nearly tripled

between 1985 and 1997 (from 930 to

2,360) and the number admitted for

aggravated assault increased more

than fourfold (from 230 to 1,060). 

The number of offenders under age 18

admitted to prison for drug offenses

increased twelvefold (from 70 to 840)

between 1985 to 1997. By 1997 drug

offenders made up 11% of admissions

among persons under 18 compared to

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

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

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.

Public-order offenses 140 4% 200 4% 360 5%

Drug offenses 70 2% 820 16% 840 11%

 Motor vehicle theft 110 3 320 6 160 2

 Larceny/theft 230 7 300 6 230 3

 Burglary 930 28 940 19 950 13

Property offenses 1,410 42% 1,780 35% 1,590 22%

 Aggravated assault 230 7 570 11 1,060 14

 Robbery 930 28 1,020 20 2,360 32

 Sexual assault 230 7 180 4 300 4 b

 Murder 230 7 310 6 500 7 a

Violent offenses 1,730 52% 2,270 45% 4,510 61%

 All offenses 3,400 100% 5,100 100% 7,400 100%

Most serious offense Number Percent Number Percent Number Percent

1985 1990 1997

New court commitments of persons under age 18 to State prisons

Table 2. Number of persons under age 18 admitted to State prison, 

by most serious offense, 1985-97

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.

Drug offenses 207,120 6,019 29 860 143

 Motor vehicle theft 70,290 617 9 150 243

 Larceny/theft 433,390 2,877 7 240 83

 Burglary 119,040 5,256 44 1,030 196

Property offenses 622,720 8,750 14 1,420 162 d

 Aggravated assault 69,340 2,995 43 1,090 364

 Robbery 47,340 4,375 92 2,280 521

 Sexual assault 18,970 793 42 310 391 c

 Murder 2,820 998 354 500 501 b

Violent offenses 138,470 9,161 66 4,180 456 a

Most serious offense arrested ages 13-17 convictions 1,000 arrests State prison felony convictions

Number of persons felony convictions per admissions to prison per 1,000 

Uniform Crime Reports (UCR) Number of Number of felony Number of admissions to State

National Judicial Reporting Program (NJRP) Number of 

National Corrections Reporting Program

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

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.

Prison admissions more than

doubled among male offenders

under age 18

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).

 Profile of State Prisoners under Age 18, 1985-97 5

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.

Drug offenses 1 10 10 6 4

 Motor vehicle theft 2 4 4 3 2

 Larceny/theft 1 1 1 1 1

 Burglary 6 8 8 7 8

Property offenses 2 3 3 2 2 d

 Aggravated assault 6 10 12 12 16

 Robbery 29 27 33 34 63

 Sexual assault 12 9 9 11 15 c

 Murder 153 98 136 150 200 b

Violent offenses 18 17 21 23 33 a

Most serious offense 1985 1990 1992 1994 1997

Number of new court commitments per 1,000 arrests

Table 4. Number of admissions of persons under age 18 to State prison 

per 1,000 arrests of persons under age 18, 1985-97

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.

Public-order offenses 50 80 60 130 120 230

Drug offenses 20 30 50 720 120 640

 Motor vehicle theft 50 60 120 180 70 100

 Larceny/theft 110 120 120 150 130 100

 Burglary 510 390 540 350 610 360

Property offenses 770 600 890 780 940 670

 Aggravated assault 90 140 140 400 390 540

 Robbery 160 710 130 810 580 1,640

 Sexual assault 80 160 60 110 160 140

 Murder 80 120 70 250 170 260

Violent offenses 440 1,180 470 1,650 1,400 2,730

 Total 1,300 1,900 1,500 3,300 2,600 4,300

Most serious offense White Black White Black White Black

1985 1990 1997

Table 5. Number of males under age 18 admitted to State prison, by race 

and most serious offense, 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. 

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

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.

Other 1 1 1

 Some college 0 0 0

 High school graduate 4 3 5

 9th-11th grade 63 68 66

 8th grade or less 32% 28% 28%

Education

17 80 80 74

16 18 17 21

15 2 3 4

 14 or under 0% 0% 1%

Age at admission

 Other 1 1 2

 Hispanic 14 15 15

 Black* 53 61 58

 White* 32% 21% 25%

Race/Hispanic origin

 Female 3 2 3

 Male 97% 98% 97%

Gender

Characteristics 1985 1990 1997

New commitments to State prison for persons under age 18

Table 6. Selected characteristics of persons under age 18 admitted 

to State prison, 1985-97

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. 

Note: Includes only offenders with a sentence of 

more than 1 year. Detail may not add to total due 

to rounding.

*Excludes Hispanics. 

Public-order 5 7 8

Drug 11 22 31

Property 21 30 28

Violent 61 % 39 % 32 %

Most serious offense

Other 2 2 2

Hispanic 15 17 21

Black* 58 50 47

White* 25 % 31 % 30 %

Race/Hispanic origin

Female 3 4 6

Male 97 % 96 % 94 %

Gender

 Total 100 % 100 % 100 %

Under 18 18-20 21-24

court commitments, 1997 —

Persons admitted as new

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
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). 

 

By offense, the largest monthly

increase in average sentence length

between 1985 and 1997 was for murder

offenders, up from 231 months to 244

months. Offenders under 18 admitted

to prison for murder in 1997, without a

life sentence, were expected to serve

40 months longer than offenders admitted in 1985 (180 months versus 140

months). 

Overall, 3% of offenders admitted

under age 18 in 1997 were sentenced

to life imprisonment. Among those

convicted of murder/nonnegligent

manslaughter, 32% were sentenced to

life, 5% were sentenced to life without

parole, and 1% were sentenced to

death. 

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

weapons offenses, the average

sentence length decreased 15 months

between 1985 and 1997 (60 months to

45 months) but the minimum time to be

served increased from 22 months to 28

months.

Offenders under 18 admitted in 1997

for drug offenses were sentenced to an

average of 54 months in prison, a 7

month decline from 1990. These

young offenders were expected to

serve 4 months longer in 1997 than in

1990 (24 months versus 20 months). 

 Profile of State Prisoners under Age 18, 1985-97 7

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. 

 Other public-order 56 44 51 17 27 20

 Weapons 60 49 45 22 22 28

Public-order offenses 57 mo 46 mo 47 mo 19 mo 25 mo 25 mo

 Other unspecified drug 39 48 49 25 14 14

 Trafficking 57 70 55 15 22 27

 Possession 43 52 54 17 19 20

Drug offenses 51 mo 61 mo 54 mo 18 mo 20 mo 24 mo

 Other property 44 40 43 26 25 20

 Motor vehicle theft 48 45 43 11 24 26

 Larceny/theft 47 52 52 15 18 17

 Burglary 65 65 63 20 30 27

Property offenses 60 mo 57 mo 57 mo 19 mo 27 mo 25 mo

 Other violent 65 68 63 27 57 31

 Assault 79 94 77 35 60 40

 Robbery 89 90 85 33 41 45

 Other sexual assault 135 119 96 54 58 58

 Rape 151 127 131 67 57 72

 Negligent manslaughter 138 144 115 58 72 59

 Murder/nonnegligent manslaughter 231 246 244 140 121 180

Violent offenses 109 mo 112 mo 98 mo 47 mo 59 mo 59 mo

 All offenses 86 mo 82 mo 82 mo 35 mo 41 mo 44 mo

Most serious offense 1985 1990 1997 1985 1990 1997

Mean minimum time to be served Mean maximum sentence len b gtha

New commitments to State prison for persons under age 18 

Table 7. Maximum sentence and minimum time to be served, 

by offense for persons admitted under age 18, 1985-97
A growing number of inmates

released from prison had been

admitted under age 18 

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.

Among persons admitted under 18, 

an increasing percentage are

released from prison 

unconditionally 

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. 

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. 

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

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.

Other releases 2% 2% 6%

Escape/AWOL 2% 2% 1%

Death 0% 0% 0%

 Other unconditional 1 2 1

 Commutation/pardon 0 0 0

 Expiration 17 15 21

Unconditional releases 18% 17% 22%

 Other conditional 1 1 3

 Probation release 8 11 11

 Mandatory parole 18 10 16

 Parole board 51 56 41

Conditional releases 78% 78% 71%

 All methods 100% 100% 100%

Method of release 1985 1990 1997

Among persons admitted under age 18,

percent of first releases 

Table 8. Method of release for persons admitted under

age 18 and released from State prison in 1985, 1989, and

1997

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.

 Other offenses 0 1 1

 Public-order offenses 4 4 6

 Drug offenses 1 14 17

 Property offenses 37 42 28

 Violent offenses 58% 40% 48%

Offense type

Other 0 1 1

 Some college 0 0 0

 High school graduate 4 4 9

 9th-11th grade 59 66 64

 8th grade or less 37% 30% 26%

Education

 Other 1 1 2

 Hispanic 13 15 18

 Black* 58 60 59

 White* 28% 24% 21%

Race/Hispanic origin

 Female 3 2 3

 Male 97% 98% 97%

Gender

 Total 100% 100% 100%

characteristic 1985 1990 1997

Among persons admitted under age 18,

Demographic percent of first releases

Table 9. Selected characteristics of persons admitted

under age 18 and released from State prison in 1985,

1990, and 1997
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

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. 

 Profile of State Prisoners under Age 18, 1985-97 9

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.

Source: Bureau of Prisons, Sentry system

data file, fiscal year ending September 30,

1997.

 admissions 189

 Number of 

 Other 1

 Mexico 4

 United States 95%

Country of origin

 Public-order 11

 Drug 6

 Property 31

 Violent 52%

Offense type

 Non-Hispanic 89

 Hispanic 11%

Hispanic origin

 Asian 3

 American Indian 72

 Black 7

 White 18%

Race

 Female 5

 Male 95%

Gender

Characteristic under 18

Percent admitted 

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.

 Other public-order 26 18 26 43 45 47

 Weapons 30 25 27 63 52 51

Public-order offenses 26 mo 23 mo 27 mo 46% 51% 51%

 Other unspecified drug -- 14 20 -- 30 42

 Trafficking 16 17 21 29 28 34

 Possession -- 14 26 -- 29 42

Drug offenses 26 mo 16 mo 22 mo 50% 30% 37%

 Other property 12 21 21 48 50 47

 Motor vehicle theft 26 25 29 55 50 60

 Larceny/theft 21 15 39 36 31 57

 Burglary 28 30 33 42 40 47

Property offenses 26 mo 25 mo 33 mo 41% 40% 50%

 Other violent -- -- 24 -- -- 47

 Assault 39 37 41 53 53 58

 Robbery 40 47 42 46 49 52

 Other sexual assault 49 38 49 49 32 59

 Rape 63 83 80 51 66 56

Negligent manslaughter 60 59 53 55 62 53

 manslaughter 69 115 106 35 47 53

 Murder/nonnegligent 

Violent offenses 44 mo 55 mo 46 mo 46% 51% 53%

 All offenses 37 mo 35 mo 37 mo 46% 45% 50%

Most serious offense 1985 1990 1997 1985 1990 1997

Percent of sentence served Mean total b time serveda

Among persons admitted under age 18 and released

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 
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. 

National Prisoner Statistics (NPS)

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

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

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. 

Graduated incarceration is employed in

12 States (Delaware, Georgia,

Maryland, Missouri, North Dakota,

Ohio, Oregon, Tennessee, Texas,

Utah, Washington, and West Virginia).

Inmates under 18 begin their sentences in a juvenile facility until they

reach a certain age (usually 18). The

offender can then be transferred to an

adult facility to serve the remainder of

the sentence, or, if the State chooses,

can be released. The mechanism for

transferring or releasing offenders

varies across States. 

Eight States (Florida, South Carolina,

Colorado, Kentucky, New Mexico,

Wisconsin, California, and New York)

apply segregated incarceration assigning certain underage offenders to

specific facilities based on age and

programming needs. In Florida

persons under 18 convicted in criminal

court can be sentenced to the youthful

offender program that separates ages

14-18 from ages 19-24. These

programs offer youthful offenders

specialized educational, vocational,

and life skills training, as well as

substance abuse treatment. 

State correctional systems differ in their housing and program assignments of inmates under age 18

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.

Among persons under age 18, 78% expected to be released by age 21

Estimated age of release for persons

18 19 20 21 22 23 24 25 26 27 28

0%

20%

40%

60%

80%

100%

Percent released based on minimum

Age at release

time to be served

18

under age 18 admitted to State prison

Under

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. 
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. 

Survey of Inmates in State Correctional

Facilities (SISCF)

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

persons under age 18. 

National Judicial Reporting Program

(NJRP) 

The NJRP is a biennial survey largely

based on court and prosecutors’

records. It compiles information on the

number and characteristics of persons

convicted of a felony in State criminal

courts nationwide. 

Estimation procedures

Estimating State prison admissions 

and releases

The NCRP generally reports over 90%

of all State prison admissions and

releases. In order to account for differences in State participation and data

reported and to draw year-to-year

comparisons, national totals were

estimated for each year. These figures

were estimated by multiplying the

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. 

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

the United States, 1996, NCJ 170013). 

To obtain national estimates for prison

releases by age at admission, the

proportion of persons admitted under

18 in each release year (NCRP) was

multiplied by the total number of

releases with a sentence of more than

1 year (NPS). Releases excluded

escapees, AWOL’s, and transfers.

Estimating persons under 18 in State

prison 

To calculate the number of persons

under 18 in custody of State prison

authorities at yearend, the total number

of State inmates in custody (from NPS)

was multiplied by the proportion of

State inmates under age 18 (from

SISCF, 1986, 1991, 1997). State

prison custody number for 1990 and

1995 were based on the Census of

State and Federal Correctional Facilities.

Estimating arrests of persons ages 13

to 17 from the FBI’s Uniform Crime

Reports (UCR) 

To account for law enforcement

agencies that did not report to the UCR,

among reporting agencies and for each

Index offense, the proportion of arrests

of persons ages 13-17 to all arrests for

was calculated. This proportion was

then multiplied by the FBI’s nationally

estimated number of arrests per

offense, which considers reporting

and nonreporting agencies. 

Estimating State court conviction

offenses for persons under age 18 

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. 

References

Correctional Populations in the United

States, 1995, BJS report, NCJ 163916,

May 1997. 

Correctional Populations in the United

States, 1996, BJS report, NCJ 170013,

April 1999.

Crime in the United States, published

annually 1985 - 97. FBI, Uniform Crime

Reports.

Juvenile Felony Defendants in Criminal

Courts, BJS Special Report, NCJ

165815, September 1998.

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
 

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

The Bureau of Justice Statistics

is the statistical agency of the 

U.S. Department of Justice. 

Jan M. Chaiken, Ph.D., is director.

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.

February 2000, NCJ 176989

This report and others from the

Bureau of Justice Statistics are 

available through the Internet 

http://www.ojp.usdoj.gov/bjs/

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.