Which States Have the Highest Incarceration Rates and What Criminal Justice Reform Means

In the last eight years, criminal justice reform has become a central topic in the U.S., aiming to reduce prison populations, save taxpayer money, and end cycles of poverty and broken families. The biggest challenge, however, is how deeply entrenched the prison system is in many state economies.

Today, more than 2.3 million people are held in state prisons, federal facilities, local jails, and detention centers — about 725 per 100,000 people, the highest incarceration rate in the world. Roughly 500,000 people are awaiting trial, while another 4.25 million are on parole or probation. One in three U.S. adults has a criminal record, showing how widespread the issue is.

What Is Criminal Justice Reform?

Criminal justice reform refers to changes in laws, policies, and practices to make the criminal justice system fairer, more effective, and less costly. Reform often focuses on reducing mandatory minimum sentences, addressing racial disparities, improving prison conditions, and creating pathways for rehabilitation instead of long-term incarceration.

Reforms are not only about reducing prison populations but also about protecting public safety, ensuring fairness, and cutting unnecessary costs. For example, alternatives to incarceration such as community service or treatment programs often cost less than maintaining overcrowded prisons.

States With the Highest Incarceration Rates

At least 30 U.S. states incarcerate more people per capita than almost any other country. Here are some of the highest rates:

• Oklahoma – more than 1,070 per 100,000 people (the highest in the nation).

• Louisiana & Mississippi – over 1,025 per 100,000.

• Georgia, Alabama, Arkansas – around 900 per 100,000.

• Texas and eight other states – more than 800 per 100,000.

These numbers highlight why criminal justice reform has become urgent at the state level.

Criminal Justice Reform Examples by State

Many states have enacted reforms, often when faced with the financial toll of overcrowded prisons or lawsuits about unsafe conditions. Here are notable criminal justice reform examples:

• Oklahoma – reduced mandatory minimum sentences for some crimes, eased penalties for drug offenses, allowed record expungement for nonviolent offenders, and permitted sentence modifications after 10 years for life terms.

• Louisiana – saved about $12 million in the first years of reform, reinvesting in victim support, re-entry programs, and earlier release for nonviolent offenders.

• Texas – closed 8 prisons and cut its prison population by 30,000 in 10 years. Current reforms include banning shackling of pregnant inmates, keeping prisoners closer to families, and allowing compassionate release for elderly or terminally ill inmates.

• Massachusetts – narrowed what appears on a criminal record, excluding charges dismissed before arraignment.

• Florida – considering reforms such as reducing sentences for nonviolent drug crimes, keeping inmates closer to home, teaching job skills, and easing penalties for small probation violations.

• Missouri – reviewing fees and forfeitures that keep prisoners incarcerated longer.

• Alabama – facing lawsuits over unsafe conditions, promised to hire 500 new guards but has been slow to enact broader reforms.

• Arizona – debated reforms to redefine repeat offenders and expand expungement but failed to pass major changes.

Federal Criminal Justice Reform Efforts

Reforms at the federal level affect around 200,000 prisoners — only a fraction of the U.S. total, but still significant.

• First Step Act (2018) – reduced harsh penalties for federal drug crimes, expanded good-time credits, allowed sentence reductions, and gave judges more discretion in “three strikes” cases.

• Fair Sentencing Act (2010) – reduced disparities between crack and powder cocaine sentences, which disproportionately affected minority communities.

• Obama-era reforms (2014) – recommended restructuring federal grants that incentivized high imprisonment rates, promoted “ban the box” hiring policies, and commuted sentences for many low-level drug offenders.

These federal measures show how criminal justice reform acts can reshape sentencing and rehabilitation on a national scale.

The Scope of the Criminal Justice System in the U.S.

The criminal justice system is larger and more expensive than ever before. Since 1984, when fewer than 500,000 people were incarcerated, the prison population has more than quadrupled. The War on Drugs and “three strikes” laws of the 1980s and 1990s dramatically increased prison terms, especially for drug offenses.

Racial disparities remain one of the most pressing issues:

• African Americans – 12% of the population but one-third of prisoners.

• Latinos – 16% of the population but 24% of prisoners.

These imbalances show why many reform advocates argue that the current system reinforces cycles of poverty and inequality.

Why Criminal Justice Reform Matters

Reforming the U.S. criminal justice system is not just about reducing prison numbers — it’s about:

• Saving taxpayer money by reducing prison costs.

• Improving public safety through rehabilitation and re-entry programs.

• Reducing racial disparities in arrests and sentencing.

• Giving people second chances through expungement and alternatives to incarceration.

States like Oklahoma, Texas, and Louisiana have shown that criminal justice reform works by lowering prison populations while reinvesting savings into communities.

The U.S. still has the highest incarceration rate in the world, but reforms at the state and federal levels show progress. From sentencing reforms to closing prisons and offering re-entry support, the movement toward criminal justice reform is growing. The challenge lies in balancing accountability with fairness while ensuring communities remain safe.