Memo with Attachments on NPS Nonsubstantive Change

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Washington, D.C. 20531

MEMORANDUM TO:

Robert Sivinski
Office of Management and Budget (OMB)

THROUGH:

Jinney Smith, Deputy Director BJS
Allen Beck, Senior Statistician, BJS
Richard Kluckow, Unit Chief, Corrections Statistics Unit, BJS

FROM:

E. Ann Carson, Statistician, Corrections Statistics Unit, BJS

SUBJECT:

Nonsubstantive change request to the National Prisoner Statistics
program: OMB Control No: 1121-0102 (exp. 01/2023)

DATE:

November 2, 2020

The Bureau of Justice Statistics (BJS) is requesting a nonsubstantive change to the data
collection form National Prisoner Statistics program (OMB Control No: 1121-0102, expiration
01/2023). BJS is submitting a change to an existing citizenship question of prisoners in the
custody of state, federal, or privately-operated facilities. The revised question will clarify how
respondents should handle prisoners with unknown citizenship.
In November, 2019, BJS submitted a request to renew, with change, the NPS collection through
January 2023. BJS sought to understand better the measurement of citizenship among prisoners,
by asking respondents to report both the number of U.S. citizens and non-U.S. citizens. BJS
intended for respondents to exclude prisoners of unknown citizenship from their counts.
However, results from the data collected during 2020 suggest that multiple states assumed that
prisoners of unknown citizenship were U.S. citizens and included them in that count.
To solve this problem, BJS proposes adding a box on the NPS-1B data collection form
(Summary of Sentenced Population Movement, and in the web-based data collection tool) for
respondents to report the total number of prisoners with unknown citizenship. BJS has attached
the question from the 2019 form (before the change) and 2020 form (including the change) to
this request memo, and they are reproduced here:

2019 NPS-1B question:

Proposed 2020 NPS-1B question:

By specifically adding an option for the count of prisoners of unknown citizenship to be
reported, BJS believes that respondents will cease combining these individuals with those of
known U.S. citizenship. BJS intends to follow up with a maximum of 9 respondents who leave
the “unknown citizenship” box blank during data collection in 2021, to determine whether they
are still combining the two groups of prisoners. If results indicate that this clarifying change has
not improved the reporting practices, BJS will redesign and test the question, and submit a full
clearance package to OMB in late 2021.
There is no change in the burden estimates associated with this collection at this time.

2019 NPS-1B form
8. Between January 1, 2019 and December 31, 2019,
how many inmates sentenced to more than 1 year
under your jurisdiction were released as—
a. Unconditional releases
(1) Expirations of sentence
(Include inmates who served
their maximum sentence
minus credits.)
(2) Commutations (Include
inmates whose sentence was
lowered to time served to
allow for an immediate
unconditional release.)
(3) Other unconditional
releases – Specify

Male

Female

9. How many inmates with a total maximum sentence of
more than one year were —
Male
Female

a. Under your jurisdiction on
January 1, 2019
b. Admitted during 2019
(Transcribe from item 7i)
c. Released during 2019
(Transcribe item 8i)
d. Under your jurisdiction on
December 31, 2019
(Add items 9a and 9b, subtract
item 9c, should equal item 2a.)

SECTION III – PRISON SYSTEM CAPACITY
b. Conditional releases
(1) Probations (Include
inmates released on shock
probation or placed on
probation and conditionally
released.)
(2) Supervised mandatory
releases (Include inmates
who by law had to be
conditionally released.)

(3) Discretionary paroles
(4) Other conditional
releases – Specify

10. On December 31, 2019, what was the capacity of
your prison system? (Exclude capacity of private facilities.)
Male
Female
a. Rated capacity (The number
of beds or inmates assigned by
rating officials to institutions
within your jurisdiction.)
b. Operational capacity (The
number of inmates that can be
accommodated based on staff,
existing programs, and services
in institutions within your
jurisdiction.)
c. Design capacity (The number
of inmates that planners or
architects intended for all
institutions within your
jurisdiction.)

SECTION IV – SPECIAL CUSTODY POPULATIONS
c. Deaths

d. AWOLs

e. Escapes from confinement
f. Transfers to other
jurisdictions (Include inmates
sent to other jurisdictions to
continue sentences already in
force.)

g. Releases to appeal or bond
h. Other releases – Specify

11. On December 31, 2019, how many inmates in your
custody, plus those held in private prisons, were under
age 18?
Male
Female

12a. On December 31, 2019, how many inmates in your
custody, plus those held in private prisons, were —
U.S. Citizens

Non-U.S.
Citizens

12b. On December 31, 2019, how many inmates in your
custody who were citizens of the United
States, plus those held in private prisons who
were citizens of the United States —
Male Female
a. Had a sentence of more than 1 year
b. Had a sentence of 1 year or less
c. Were unsentenced

i. TOTAL
(Sum of items 8a to 8h)
FORM NPS-1B (7-31-2020)

d. TOTAL
Page 5

Proposed 2020 NPS-1B form
8. Between January 1, 2020 and December 31, 2020,
how many inmates sentenced to more than 1 year
under your jurisdiction were released as—
a. Unconditional releases
(1) Expirations of sentence
(Include inmates who served
their maximum sentence
minus credits.)
(2) Commutations (Include
inmates whose sentence was
lowered to time served to
allow for an immediate
unconditional release.)
(3) Other unconditional
releases – Specify

Male

Female

9. How many inmates with a total maximum sentence of
more than one year were —
Male
Female

a. Under your jurisdiction on
January 1, 2020
b. Admitted during 2020
(Transcribe from item 7i)
c. Released during 2020
(Transcribe item 8i)
d. Under your jurisdiction on
December 31, 2020
(Add items 9a and 9b, subtract
item 9c, should equal item 2a.)

SECTION III – PRISON SYSTEM CAPACITY
b. Conditional releases
(1) Probations (Include
inmates released on shock
probation or placed on
probation and conditionally
released.)
(2) Supervised mandatory
releases (Include inmates
who by law had to be
conditionally released.)

(3) Discretionary paroles
(4) Other conditional
releases – Specify

10. On December 31, 2020, what was the capacity of
your prison system? (Exclude capacity of private facilities.)
Male
Female
a. Rated capacity (The number
of beds or inmates assigned by
rating officials to institutions
within your jurisdiction.)
b. Operational capacity (The
number of inmates that can be
accommodated based on staff,
existing programs, and services
in institutions within your
jurisdiction.)
c. Design capacity (The number
of inmates that planners or
architects intended for all
institutions within your
jurisdiction.)

SECTION IV – SPECIAL CUSTODY POPULATIONS
c. Deaths

d. AWOLs

e. Escapes from confinement
f. Transfers to other
jurisdictions (Include inmates
sent to other jurisdictions to
continue sentences already in
force.)

g. Releases to appeal or bond
h. Other releases – Specify

11. On December 31, 2020, how many inmates in your
custody, plus those held in private prisons, were under
age 18?
Male
Female

12a. On December 31, 2020, how many inmates in your
custody, plus those held in private prisons, were —
U.S. Citizens

Non-U.S.
Citizens

Unknown
Citizenship

12b. On December 31, 2020, how many inmates in your
custody who were citizens of the United
States, plus those held in private prisons who
were citizens of the United States —
Male Female
a. Had a sentence of more than 1 year
b. Had a sentence of 1 year or less
c. Were unsentenced

i. TOTAL
(Sum of items 8a to 8h)
FORM NPS-1B (7-31-2020)

d. TOTAL
Page 5