How many inmates return to prison? Inconsistent reporting makes it hard to tell.

States define recidivism differently, which can result in misleading interpretations of the statistics.

by AMANDA HERNÁNDEZ
Stateline
December 11, 2023

Several states this year have reported lower rates of recidivism, showing that fewer convicted criminals are being re-arrested after leaving prison.

But those statistics hardly tell the full story.

Recidivism rates across the country can vary greatly because of how they’re defined, how the data is collected, and how it’s presented to the public. So it can be difficult to say that, for example, one state is doing better than another in rehabilitating formerly incarcerated residents.

… But some experts argue that Beshear’s characterization — implying a connection between recidivism and public safety — is inaccurate because recidivism solely gauges whether an individual reoffends.

“It can have harmful effects on public understanding because the public believes they’re being told something by a responsible person that directly assesses public safety, and [recidivism] does not measure public safety,” Jeffrey Butts, a research professor at the John Jay College of Criminal Justice, told Stateline.

What the data says

… In recidivism studies, the act of reoffending may be defined differently. It can, for example, include violating parole, being arrested, being convicted of a crime or returning to prison. Some studies consider all these outcomes as recidivism, while others count only one or two.

Some states only consider felonies as recidivism, excluding less serious misdemeanors that may result in local jail time rather than a state prison sentence. And states vary in categorizing crimes as felonies or misdemeanors, adding even more complexity.

“Those are policy differences that end up structuring or creating the metric of recidivism,” Butts said. “Unless you investigate all those things and can control for them, you’re still not informing the public in a responsible way.”

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An incarcerated student raises his hand during a college-level English class at San Quentin State Prison in San Quentin, Calif. Figures from several states show fewer convicted criminals are being re-arrested after leaving prison. But there is no national standard to compare jurisdictions and programs. Eric Risberg/The Associated Press