The US criminal justice system operates on two levels: state and federal. Both have their own laws and their own prison systems. But what’s the difference between these prisons?
This article will give you a quick overview of the key differences between state and federal prisons, including information about who ends up where, what the security is like, and what services are available to inmates.
Understanding the difference between state and federal prisons is important for anyone facing criminal charges, as well as their families, legal professionals, and anyone else who wants to understand how our justice system works.
What are federal prisons?
Federal prisons are run by the Federal Bureau of Prisons (BOP). Federal inmates have been convicted of violating federal law. Federal crimes include things like:
- crimes that cross state lines
- white-collar crimes
- drug trafficking
- crimes against the U.S. government
Federal prisons tend to have fewer inmates than state prisons. Also, federal prisons may house fewer violent offenders than state prisons, but federal sentences tend to be longer. This is because of mandatory minimum sentences and stricter sentencing guidelines.
For example, FMC Devens in Ayer, Massachusetts, is a federal prison for inmates who have complex medical needs.
State Prisons: Jurisdiction and Purpose
Each state’s Department of Corrections (DOC) manages and operates its state prisons. If you break a state law, such as committing murder, assault, theft, or burglary, you will likely be incarcerated in a state prison.
State prisons tend to have larger inmate populations. Overcrowding is a common problem. Sentences in state prisons are often shorter than those in federal prisons, and parole may be available.
For example, the state of Wisconsin has twenty state prisons.
Security Levels and Inmate Safety
Both state and federal prisons classify their facilities based on security level, but the number of levels and the criteria for each differ.
Federal Prison Security Levels
The Federal Bureau of Prisons (BOP) uses five security levels: minimum, low, medium, high, and administrative. Many federal crimes are non-violent, and federal prisons often have lower populations than state facilities. For these reasons, federal prisons are generally considered safer.
State Prison Security Levels
State prison systems typically use three security levels: maximum, medium, and minimum. Due to overcrowding and the types of crimes committed by inmates, state prisons may have higher rates of violence.
Inmate Services and Rehabilitation Programs
Both state and federal prisons offer services and programs intended to help inmates successfully re-enter society and avoid re-offending (what’s known as “recidivism”). However, the scope and quality of these services can differ.
Federal Prison Services
Federal prisons often have more resources to provide comprehensive educational programs, vocational training, mental health services, and healthcare.
State Prison Services
Because state prisons often struggle with funding and staff shortages, health and rehabilitation services can vary significantly from state to state.
However, it’s important to remember that both federal and state prison systems offer a range of inmate services and rehabilitation programs.
Sentencing, Parole, and Prisoner Rights
Federal Sentencing and Parole
Federal sentences tend to be longer than state sentences. For example, the average federal sentence in 2024 is about 149 months. Also, federal parole has largely been abolished, which also leads to longer incarceration periods.
State Sentencing and Parole
On the other hand, the average sentence length in state prisons is shorter. In addition, state prisons often offer opportunities for parole.
Prisoner Rights
Generally speaking, federal inmates have stronger legal protections than state prisoners. State prisoners may find it difficult to access legal representation or other resources to advocate for their rights.
Frequently Asked Questions
What are most federal prisoners in for?
The majority of federal prisoners are incarcerated for drug-related offenses. Property crimes and immigration violations also contribute significantly to the federal prison population. These crimes fall under federal law, hence the federal charges.
What are federal prisons examples?
Examples of federal prisons include institutions like USP Marion (United States Penitentiary), known for its high-security status, and FCI Fort Dix (Federal Correctional Institution), a low-security facility. The Federal Bureau of Prisons (BOP) manages a variety of facilities across the country, each with different security levels.
What is the difference between state and federal prisons?
The key difference lies in the laws violated. State prisons house individuals convicted of breaking state laws, such as robbery or assault. Federal prisons hold those who have violated federal laws, which often involve crimes that cross state lines, like drug trafficking or federal tax evasion. State prison sentences are usually shorter than federal sentences.
What is the difference between the feds and state?
“The feds” refers to the federal government, including federal law enforcement agencies like the FBI, DEA, and ATF. “State” refers to individual state governments and their corresponding law enforcement agencies. The federal government enforces federal laws, while state governments enforce state laws. Jurisdictional lines are important – the feds typically get involved in cases that have a national or interstate impact, while states handle more localized crimes.
Putting it all together
Federal prisons deal with federal crimes, often have higher security, and offer more services than state prisons. State prisons handle state crimes, may have more violence, and have varying levels of service.
Understanding these differences is important for anyone facing criminal charges, as well as their families and legal representatives.
If you’re facing criminal charges, seeking legal counsel is essential to help you navigate the system and understand the potential implications of state versus federal prosecution.