1/ Operating capacities are used by the Bureau as an internal management tool on which daily decisions regarding designations and transfers are made. It is a relative measure of the number of offenders the institution could house as as population pressures increase or decrease. These numbers will change frequently and are not used in determining Bureau overcrowding.

2/ Physical Capacity represents the number of inmates an institution should house based upon specific space criteria that generally conforms with the intent of standards advocated by the United Nations Standard Minimum Rules for Treatment of Offenders, American Correctional Association, National Clearinghouse on Correctional Planning and Architecture and the National Advisory Commission on Criminal Justice Standards and Goals. These numbers should change only in the event that designated standards change, housing space is altered by change in the institution mission or by construction changes. These numbers are compared to actual offender population.

CONSTRUCTION BUDGET

Mr. CARLSON. Based upon the discussion thus far, I assume there are very few questions about the operating budget. I think most of the emphasis has been focused on the construction budget, and the need for new institutions.

I would like to dwell on that area in particular. The Bureau of Prisons is currently experiencing its worst period of overcrowding in its 46 year history. The population is now 26,848.

On a chart, which I have here, the red line shows what has happened during the current fiscal year-a dramatic increase in inmate population, which represents an all time record high. It has gone up over 3,600 inmates in 1 year alone. The population has been increasing at the rate of nearly 100 inmates per week.

The reason for this increase in population has been analyzed. Basically, it is because of a tougher attitude on the part of the courts. More people are being committed to custody because of the crimes they have committed.

In addition, the average length of sentence imposed by Federal courts across the country has also increased.

The problem we have in the federal system, of course, is by no means unique. Every State in the country is experiencing the same problem of severe overcrowding in correctional institutions.

In addition, local jails across the country are having the same problem. Some critics have alleged that Federal courts are sending people to prison who shouldn't be there.

Let me say that from my perspective, Federal judges place half the defendants who appear before them on probation.

In other words, half the defendants sentenced by Federal courts are diverted from prison by probation, by a halfway house or by some other alternative. The offenders coming into institutions are, by and large, serious offenders whom the courts feel are in need of a period of institutionalization.

GROWTH IN PRISON POPULATION

Senator PASTORE. Did you say the inmate population in State prisons is 226,000?

Mr. CARLSON. No; the population of Federal prisons is 26,848. Senator PASTORE. That is what I am talking about, Federal prisons. Mr. CARLSON. 26,848.

Senator PASTORE. What was it last year?

Mr. CARLSON. Last year at this time it was 23,300.

GAO AND HOUSE COMMITTEE REPORTS

Let me comment briefly on the introductory statement that you read, Mr. Chairman. You referred to the House committee report, as well as the GAO report, concerning the extent of overcrowding in Federal institutions.

We have prepared responses which will be available to your committee. The House Appropriations Committee report stated that there were 3,800 empty beds in Federal institutions at the time of their survey.

They didn't point out, however, that 2,000 of those beds were hospital beds or segregation unit beds, which must be kept available at all times in case of an emergency.

We hope that our hospitals are never occupied. We hope inmates are not sick. We hope segregation units are never occupied, because we don't think that is the best way to operate an institution.

Very candidly, I think the House Appropriations Committee report is misleading because it doesn't take into account the fact that to manage an institutional system you must maintain flexibility in housing. I don't think any correctional administrator here today would deny the fact that you can fill every single bed. You have got to have flexibility within the institutions, particularly for hospital cases. For example, when an inmate is sick, there has to be a hospital bed available to take care of him.

I have been in the Federal system now for some 20 years. My predecessors, of course, Jim Bennett and Myrl Alexander, were aware of this problem. We have always operated within this system to provide the optimum flexibility in institutions to take care of the emergency problems which occur from time to time.

Let me talk very briefly about the construction program. It has been alleged, as I indicated, that many inmates are sent to Federal prisons who shouldn't be there. I feel that is a misstatement of the fact in terms of the Federal judiciary.

In addition, comments have been made that these prisons may not be needed sometime in the future.

ANTIQUATED PRISONS

We have three antiquated prisons in the Federal system-McNeil Island, Wash., built in 1865; the U.S. Penitentiary at Atlanta, Ga., built in 1902; and of course the old institution at Leavenworth, Kans., which was opened in 1895.

It is our full intent that whenever we possibly can, we will close those institutions. They are monstrosities. They are warehouses that should have been closed long ago.

Unfortunately, however, because of the continued rise in our inmate population, we have to maintain those institutions in full operational status today and perhaps we will have to do so in the foreseeable future.

JUDICIAL SENTENCING PRACTICES

Senator PASTORE. Could I interrupt you for a moment to get back to Judge Tyler, who is an expert, a much better expert than the rest of us here, on the question of what happens in the court in sentencing a prisoner. You see, the contention is being made by the public witnesses-and I think you know this, Judge Tyler-that they feel there is more or less a breakdown in humanism that is necessary for rehabilitation. They have a strong feeling that if we keep building jails we are going to make it our business to put people in jail and keep them there. They feel there are a lot of people who maybe would rehabilitate a lot better if the sentences were cut down or if some halfway house or some other more humanized procedure was followed in order to bring about a better solution of a reformation.