5  Jails

Data Characteristics

The digital infrastructure allows agencies in different types of corrections systems to define the functions of their system.

For all jails-related metrics, agencies should share data relating to all people who are incarcerated under their jurisdiction. Following the definition set by the U.S. Department of Justice’s Bureau of Justice Statistics (BJS), Justice Counts defines community supervision, jail, and prison as follows:

  • Community Supervision: supervision of people convicted of crimes in the resident population, as opposed to confined in secure correctional facilities. The two main types of community corrections supervision are probation and parole.
  • Jail: locally operated, short-term correctional facilities that hold people awaiting trial or sentencing or both, and people sentenced to a term of less than 1 year, typically people convicted of misdemeanor offenses.
  • Prison: longer-term correctional facilities run by the state or the federal government that typically hold people convicted of felonies and persons with sentences of more than 1 year. Definitions may vary by state (Justice Counts data does not include federal prison population data).

There will be opportunities to share data for some metrics disaggregated by pre- and post-adjudication populations. You will also have an opportunity to define each of these populations for your agency. Once configured, the definitions you select for each jail incarceration type will be applied to any metrics you populate. For example, if you define your jail population as including only people who are post-adjudication and serving jail sentences, that definition will carry over to metrics like daily population or daily population by race and ethnicity or daily population by biological sex. If an agency cannot disaggregate data by pre-and post-adjudication populations, data should be shared in the post-adjudication metric. If a metric does not distinguish between pre- and post-adjudication populations, data should be shared for both.

For agencies that share law enforcement and jail oversight functions

Whenever possible, agencies should share only data related to jails in “Jail” metrics and share only data related to law enforcement functions separately in “Law Enforcement” metrics. We understand that it may not be possible to disaggregate metrics such as funding, expenses, and staff when they are shared across agency functions. In instances where jails and law enforcement data cannot be disaggregated, please share combined data for jails and law enforcement in “Jails” metrics and leave “Law Enforcement” metrics blank. For metrics showing combined data, please add a contextual note when prompted to explain that the figures include data for multiple Justice Counts sectors.

For agencies in unified corrections systems

Whenever possible, agencies should share only data related to jails in “Jail” metrics and share only data related to prison functions separately in “Prison” metrics. We understand that it may not be possible to disaggregate metrics such as funding, expenses, and staff when they are shared across agency functions. In instances where jails and prisons data cannot be disaggregated, please share combined data for jails and prisons in “Prison” metrics and leave “Jail” metrics blank. For metrics showing combined data, please add a contextual note when prompted to explain that the figures include data for multiple Justice Counts sectors.

Global Definitions

To make configuring metrics as easy as possible, some concepts can be defined once at the outset of onboarding and then applied throughout the rest of your metrics configuration. These concepts include the definition of pre-adjudication populations, post-adjudication populations, person charges/offense, property charges/offenses, drug charges/offenses, public order charges/offenses, other charges/offenses, unknown charges/offenses, race and ethnicity, biological sex, and release type.

Pre-adjudication Jail Population

Justice Counts description: People who are incarcerated under the jurisdiction of the agency at any point prior to the resolution of their case.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE People in jail awaiting arraignment
INCLUDE People in jail due to unpaid bail
INCLUDE People in jail due to denial of bail
INCLUDE People in jail due to revocation of bail
INCLUDE People in jail pending assessment of capacity to stand trial
INCLUDE People who have been transferred to a hospital for a capacity assessment but are still counted in jail population
INCLUDE People in jail to be held pending outcome of pretrial revocation decision
INCLUDE People in jail due to revocation of pretrial release
INCLUDE People in jail due to a pretrial supervision incarceration sanction
INCLUDE People in jail due to a pre-adjudication federal hold for U.S. Marshals Service, Federal Bureau of Prisons, or U.S. Immigration and Customs Enforcement
INCLUDE People in jail due to a pre-adjudication federal hold for a Tribal Nation or the Bureau of Indian Affairs
INCLUDE People held awaiting hearings for failure to appear in court or court-ordered programs
INCLUDE People held due to failure to pay fines or fees ordered by civil or criminal courts
INCLUDE People held for other state or county jurisdictions
EXCLUDE People in jail to serve a sentence of jail incarceration
EXCLUDE People in jail to serve a split sentence of jail incarceration
EXCLUDE People in jail to serve a suspended sentence of jail incarceration
EXCLUDE People in jail due to a revocation of post-adjudication community supervision sentence (i.e., probation, parole, or other community supervision sentence type)
EXCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a community supervision agency (e.g., a “dip,” “dunk,” or weekend sentence)
EXCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a specialty, treatment, or problem-solving court (e.g., a “dip,” “dunk,” or weekend sentence)

Post-adjudication Jail Population

Justice Counts description: People who are convicted of committing a crime(s) and sentenced by a court, magistrate, or other adjudicating body to serve a period of incarceration in jail.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE People in jail to serve a sentence of jail incarceration
INCLUDE People in jail to serve a state prison sentence
INCLUDE People in jail to serve a split sentence of jail incarceration
INCLUDE People in jail to serve a suspended sentence of jail incarceration
INCLUDE People in jail due to a revocation of post-adjudication community supervision sentence (i.e., probation, parole, or other community supervision sentence type)
INCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a community supervision agency (e.g., a “dip,” “dunk,” or weekend sentence)
INCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a specialty, treatment, or problem-solving court (e.g., a “dip,” “dunk,” or weekend sentence)
EXCLUDE People in jail awaiting arraignment
EXCLUDE People in jail due to unpaid bail
EXCLUDE People in jail due to denial of bail
EXCLUDE People in jail due to revocation of bail
EXCLUDE People in jail pending assessment of capacity to stand trial
EXCLUDE People who have been transferred to a hospital for a capacity assessment but are still counted in jail population
EXCLUDE People in jail to be held pending outcome of pretrial revocation decision
EXCLUDE People in jail due to revocation of pretrial release
EXCLUDE People in jail due to a pretrial supervision incarceration sanction
EXCLUDE People in jail due to a pre-adjudication federal hold for U.S. Marshals Service, Federal Bureau of Prisons, or U.S. Immigration and Customs Enforcement
EXCLUDE People in jail due to a pre-adjudication federal hold for a Tribal Nation or the Bureau of Indian Affairs
EXCLUDE People held awaiting hearings for failure to appear in court or court-ordered programs
EXCLUDE People held due to failure to pay fines or fees ordered by civil or criminal courts
EXCLUDE People held for other state or county jurisdictions
Note regarding charge/offense type breakdowns

The offense categories described below align with the National Incident-Based Reporting System (NIBRS) offense classifications and definitions, with two exceptions: 1) Justice Counts continues to recommend counting robbery as a person offense, rather than property, though agencies can choose to comply with the NIBRS change in that categorization, and 2) the NIBRS “Crime Against Society” category has been split into two groups: public order offenses and drug offenses. For incidents in which there were multiple offenses, please apply a hierarchy rule and share data according to the most serious offense (as determined by the agency). If your agency does not have a hierarchy rule, we recommend following the summary reporting model of crimes against persons considered most serious, followed by crimes against property, public order offenses, and drug offenses. Also note that the terminology in these offense categories is drawn directly from NIBRS and does not necessarily reflect the preferred language and values of the CSG Justice Center.

Person Charges/Offenses

Justice Counts description: People or events for which the most serious charge or offense associated was a crime against a person.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Aggravated assault
INCLUDE Simple assault
INCLUDE Intimidation
INCLUDE Murder and nonnegligent manslaughter
INCLUDE Negligent manslaughter
INCLUDE Human trafficking, commercial sex acts
INCLUDE Human trafficking, involuntary servitude
INCLUDE Kidnapping/abduction
INCLUDE Rape
INCLUDE Sodomy
INCLUDE Sexual assault with an object
INCLUDE Fondling
INCLUDE Incest
INCLUDE Statutory rape
INCLUDE Robbery
EXCLUDE Justifiable homicide

Property Charges/Offenses

Justice Counts description: People or events for which the most serious charge or offense associated was a property crime.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Arson
INCLUDE Bribery
INCLUDE Burglary/breaking and entering
INCLUDE Counterfeiting/forgery
INCLUDE Destruction/damage/vandalism of property
INCLUDE Embezzlement
INCLUDE Extortion/blackmail
INCLUDE False pretenses/swindle/confidence game
INCLUDE Credit card/automated teller machine fraud
INCLUDE Impersonation
INCLUDE Welfare fraud
INCLUDE Wire fraud
INCLUDE Identity theft
INCLUDE Hacking/computer invasion
INCLUDE Pocket-picking
INCLUDE Purse-snatching
INCLUDE Shoplifting
INCLUDE Theft from building
INCLUDE Theft from coin-operated machine or device
INCLUDE Theft from motor vehicle
INCLUDE Theft of motor vehicle parts or accessories
INCLUDE All other larceny
INCLUDE Motor vehicle theft
INCLUDE Stolen property offenses
EXCLUDE Robbery

Public Order Charges/Offenses

Justice Counts description: People or events for which the most serious charge or offense associated was a crime against a person.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Animal cruelty
INCLUDE Import violations
INCLUDE Export violations
INCLUDE Federal liquor offenses
INCLUDE Federal tobacco offenses
INCLUDE Wildlife trafficking
INCLUDE Espionage
INCLUDE Money laundering
INCLUDE Harboring escapee/concealing from arrest
INCLUDE Flight to avoid prosecution
INCLUDE Flight to avoid deportation
INCLUDE Betting/wagering
INCLUDE Operating/promoting/assisting gambling
INCLUDE Gambling equipment violations
INCLUDE Sports tampering
INCLUDE Illegal entry into the United States
INCLUDE False citizenship
INCLUDE Smuggling aliens
INCLUDE Re-entry after deportation
INCLUDE Pornography/obscene material
INCLUDE Prostitution
INCLUDE Assisting or promoting prostitution
INCLUDE Purchasing prostitution
INCLUDE Treason
INCLUDE Weapon law violations
INCLUDE Violation of National Firearm Act of 1934
INCLUDE Weapons of mass destruction
INCLUDE Explosives
INCLUDE Failure to appear
INCLUDE Curfew/loitering/vagrancy violations
INCLUDE Disorderly conduct
INCLUDE Driving under the influence
INCLUDE Family offenses, nonviolent
INCLUDE Federal resource violations
INCLUDE Liquor law violations
INCLUDE Perjury
INCLUDE Trespass of real property
EXCLUDE Drug/narcotic violations
EXCLUDE Drug equipment violations
EXCLUDE Drug sales
EXCLUDE Drug distribution
EXCLUDE Drug manufacturing
EXCLUDE Drug smuggling
EXCLUDE Drug production
EXCLUDE Drug possession

Drug Charges/Offenses

Justice Counts description: People or events for which the most serious charge or offense associated was a drug crime.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Drug/narcotic violations
INCLUDE Drug equipment violations
INCLUDE Drug sales
INCLUDE Drug distribution
INCLUDE Drug manufacturing
INCLUDE Drug smuggling
INCLUDE Drug production
INCLUDE Drug possession

Other Charges/Offenses

Justice Counts description: People or events for which the most serious charge or offense associated was not a person, property, public order, or drug offense.

Unknown Charges/Offenses

Justice Counts description: People or events for which the most serious charge or offense associated was unknown.

Note regarding release type breakdowns

In order to ensure apples-to-apples metadata about the supervision status of people released from jail to the community, jail agencies should share information here regarding the definitions of types of community supervision people are released to in their jurisdictions. If, for example, a jail agency does not release people to parole supervision, they will simply opt out of that section and move on to the next set of configurations. Whenever possible, community supervision populations should not be shared in Jail metrics.

Probation Definition

Justice Counts description: People who are supervised in the community by a public or private probation agency. Probation is generally a sentence from a court that serves in lieu of incarceration. When probation follows incarceration, it differs from parole in that it does not provide early release from incarceration. Rather, it is a determinate sentence that follows a period of incarceration. Decisions to revoke probation are generally the responsibility of a court.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE People sentenced to a period of probation in lieu of incarceration (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People sentenced to a period of probation after a period of incarceration (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People on probation as part of a post-adjudication specialty or problem-solving court program (e.g., drug court)
INCLUDE People sentenced to probation who are temporarily confined in jail, prison, or another confinement center for a short “dip” sanction (typically less than 30 days)
INCLUDE People sentenced to probation confined for any length of time in a violation center or halfway back facility operated by the supervision agency
INCLUDE People sentenced to probation who are in jail or prison on a hold pending resolution of a violation or revocation
INCLUDE People sentenced to probation who are confined in jail or prison for a longer sanction (e.g., more than 30 days, 120 days, 6 months, etc.)
INCLUDE People sentenced to probation in another jurisdiction who are supervised by the agency through interstate compact, intercounty compact, or other mutual supervision agreement
EXCLUDE People sentenced to probation who are being supervised by another jurisdiction
EXCLUDE People who have not been sentenced but are supervised on probation in the community prior to the resolution of their case
EXCLUDE People sentenced to probation who are also on another form of supervision
EXCLUDE People on probation as part of a pre-adjudication specialty or problem-solving court program (e.g., drug court)

Parole Definition

Justice Counts description: People who are conditionally released from prison to serve the remainder of their sentence in the community. Parole releases may be determined by a parole board or by mandatory release according to statute. Decisions to revoke parole are generally the responsibility of a parole board.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE People approved by a parole board or similar entity for early conditional release from incarceration to parole supervision (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People conditionally released from incarceration to parole supervision by statutory requirement (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People on parole who are temporarily confined in jail, prison, or another confinement center for a short “dip” sanction (typically less than 30 days)
INCLUDE People on parole confined for any length of time in a violation center or halfway back facility operated by the supervision agency
INCLUDE People on parole who are in jail or prison on a hold pending resolution of a violation or revocation
INCLUDE People on parole who are confined in jail or prison for a longer sanction (e.g., more than 30 days, 120 days, 6 months, etc.)
INCLUDE People released to parole in another jurisdiction who are supervised by the agency through interstate compact, intercounty compact, or other mutual supervision agreement
EXCLUDE People on parole who are also on another form of supervision
EXCLUDE People on parole who are being supervised by another jurisdiction

Pretrial Supervision Definition

Justice Counts description: People who are supervised while awaiting trial as a condition of staying in the community until the disposition of their case. Decisions to revoke pretrial supervision are generally the responsibility of a court.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE People on citation release (i.e., were never booked)
INCLUDE People released from jail or otherwise not held pretrial on the condition of supervision (including electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People released from jail or otherwise not held pretrial due to statutory requirement
INCLUDE People supervised as part of a pre-adjudication specialty or problem-solving court program (e.g., drug court)
INCLUDE People on pretrial supervision who are incarcerated on a hold pending resolution of a violation or revocation
EXCLUDE People on pretrial supervision who are also on another form of supervision

Other Community Supervision Definition

Justice Counts description: People who are under a type of community supervision, by a public or private agency, that is not probation, parole, or pretrial.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE People sentenced to a period of other community supervision in lieu of incarceration (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People sentenced to a determinate period of other community supervision after a period of incarceration (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People on other community supervision as part of a post-adjudication specialty or problem-solving court program (e.g., drug court)
INCLUDE People approved by a parole board or similar entity for early conditional release from incarceration to other community supervision (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People conditionally released from incarceration to other community supervision by statutory requirement (including to electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE People on other community supervision who are temporarily confined in jail, prison, or another confinement center for a short “dip” sanction (typically less than 30 days)
INCLUDE People on other community supervision confined for any length of time in a violation center or halfway back facility operated by the supervision agency
INCLUDE People on other community supervision who are in jail or prison on a hold pending resolution of a violation or revocation
INCLUDE People on other community supervision who are confined in jail or prison for a longer sanction (e.g., more than 30 days, 120 days, 6 months, etc.)
INCLUDE People on other community supervision who are incarcerated on a hold pending resolution of a violation or revocation
INCLUDE People on supervision in another jurisdiction who are supervised by the agency through interstate compact, intercounty compact, or other mutual supervision agreement
INCLUDE People on other community supervision who are also on another form of supervision
EXCLUDE People on other community supervision who have not been sentenced but are supervised in the community prior to the resolution of their case
EXCLUDE People on other community supervision in a pre-adjudication specialty or problem-solving court program (e.g., drug court, etc.)

Race and Ethnicity

See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.

Male Biological Sex

Justice Counts description: A person whose biological sex is male.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Male biological sex
EXCLUDE Unknown biological sex

Female Biological Sex

Breakdown description: A person whose biological sex is female.

The Justice Counts preferred definition includes and excludes the following:

INCLUDE Female biological sex
EXCLUDE Unknown biological sex

Unknown Biological Sex

Breakdown description: A person whose biological sex is not known.

In addition to configuring biological sex definitions, agencies should also share information regarding the method of data collection for biological sex. Justice Counts recognizes that that there is significant variation across agencies for how, when, and by whom those data are collected and recorded.

Please indicate the origin of biological sex data for the agency:

Yes/No Data are collected and recorded by a law enforcement agency and are applied unchanged by agency staff
Yes/No Data are collected and recorded by a law enforcement agency and are amended upon receipt by agency staff
Yes/No Data are collected and recorded by agency staff at intake
Yes/No Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are applied unchanged by agency staff
Yes/No Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are amended upon receipt by agency staff

Please indicate the method of data collection for biological sex data for the agency:

Yes/No People being processed self-report biological sex data
Yes/No Agency staff make determinations about biological sex for the people being processed
Yes/No It is not known how biological sex data is collected
Note about gender identity metrics

Justice Counts is working to determine the best way to account for gender identity through this initiative. More information is forthcoming in early 2023.

5.1 Funding

Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year

Metric description: The amount of funding for the operation and maintenance of jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

Funding timeframe and spend-down
INCLUDE Funding for single fiscal year
INCLUDE Biennium funding appropriated during the time period
INCLUDE Multi-year appropriations that are allocated during the time period
Funding purpose
INCLUDE Funding for jail facility operations and maintenance
INCLUDE Funding for operations and maintenance of other facilities within the agency’s jurisdiction (e.g., transitional housing facilities, treatment facilities, etc.)
INCLUDE Funding for construction or rental of new jail facilities
INCLUDE Funding for agency-run or contracted treatment and programming
INCLUDE Funding for health care for people in jail facilities
INCLUDE Funding for jail facility staff
INCLUDE Funding for central administrative and support staff
INCLUDE Funding for the operation of private jail beds contracted by the agency
INCLUDE Funding for electronic case management systems
EXCLUDE Funding for prison facility operations and maintenance
EXCLUDE Funding for juvenile jail facilities
EXCLUDE Funding for non-jail activities such as pre- or post-adjudication community supervision
EXCLUDE Funding for law enforcement functions

5.1.1 State Appropriation

Breakdown description: The amount of funding appropriated by the state for the operation and maintenance of jail facilities and the care of people who are incarcerated in jail under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Finalized state appropriations
EXCLUDE Proposed state appropriations
EXCLUDE Preliminary state appropriations
EXCLUDE Grants from state sources that are not budget appropriations approved by the legislature/governor

5.1.2 County or Municipal Appropriation

Breakdown description: The amount of funding counties or municipalities appropriated for the operation and maintenance of jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Finalized county or municipal appropriations
EXCLUDE Proposed county or municipal appropriations
EXCLUDE Preliminary county or municipal appropriations

5.1.3 Grants

Breakdown description: The amount of funding derived by the agency through grants and awards to be used for the operation and maintenance of jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Local grants
INCLUDE State grants
INCLUDE Federal grants
INCLUDE Private or foundation grants

5.1.4 Commissary and Fees

Breakdown description: The amount of funding the agency collected through sales and/or fees charged to people who are incarcerated under the jurisdiction of the agency or their visitors.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Sales in jail commissaries
INCLUDE Fees charged to people who are incarcerated
INCLUDE Fees charged to visitors of people who are incarcerated

5.1.5 Contract Beds (Funding)

Breakdown description: The amount of funding collected by the agency through contracts or per diem payment agreements to provide custody and care for people who are incarcerated under the jurisdiction of another agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Funding collected from beds contracted by other county agencies
INCLUDE Funding collected from beds contracted by supervision agencies
INCLUDE Funding collected from beds contracted by state agencies
INCLUDE Funding collected from beds contracted by federal agencies

5.1.6 Other Funding

Breakdown description: The amount of funding for the operation and maintenance of jail facilities and the care of people who are incarcerated that is not a state appropriation, a county or municipal appropriation, grant funding, commissary and fees, or contracted beds.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.1.7 Unknown Funding

Breakdown description: The amount of funding for the operation and maintenance of jail facilities and the care of people who are incarcerated for which the source is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.2 Expenses

Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year

Metric description: The amount the agency spent for the operation and maintenance of jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

Expenses timeframe and spend-down
INCLUDE Expenses for single fiscal year
INCLUDE Biennium funding appropriated during the time period
INCLUDE Multi-year appropriations that are allocated during the time period
Expense purpose
INCLUDE Expenses for jail facility operations and maintenance
INCLUDE Expenses for operations and maintenance of other facilities within the agency’s jurisdiction (e.g., transitional housing facilities, treatment facilities, etc.)
INCLUDE Expenses for construction or rental of new jail facilities
INCLUDE Expenses for agency-run or contracted treatment and programming
INCLUDE Expenses for health care for people in jail facilities
INCLUDE Expenses for jail facility staff
INCLUDE Expenses for central administrative and support staff
INCLUDE Expenses for the operation of private jail beds contracted by the agency
INCLUDE Expenses for electronic case management systems
EXCLUDE Expenses for prison facility operations and maintenance
EXCLUDE Expenses for juvenile jail facilities
EXCLUDE Expenses for non-jail activities such as pre- or post-adjudication community supervision
EXCLUDE Expenses for law enforcement functions

5.2.1 Personnel

Breakdown description: The amount the agency spent to employ personnel involved in the operation and maintenance of jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Salaries
INCLUDE Benefits
INCLUDE Retirement contributions
INCLUDE Costs for individuals contracted to work in or for the jail agency
EXCLUDE Costs for companies contracted to work in or for the jail agency

5.2.2 Training

Breakdown description: The amount spent by the agency on training personnel involved in the operation and maintenance of jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Annual training
INCLUDE Continuing education
INCLUDE Training academy
INCLUDE Specialized training
INCLUDE External training or professional development opportunities (conferences, classes, etc.)
EXCLUDE Courses or programs offered at no cost to individuals or the department

5.2.3 Facilities and Equipment

Breakdown description: The amount spent by the agency for the purchase and use of the physical plant and property owned and operated by the agency and equipment used to support maintenance of jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Jail facility operations
INCLUDE Jail facility maintenance
INCLUDE Jail facility renovation
INCLUDE Jail facility construction
INCLUDE Equipment (e.g., computers, communication, and information technology infrastructure)

5.2.4 Health Care for People Who Are Incarcerated

Breakdown description: The amount spent by the agency on medical care for people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Expenses related to the operation of jail facility infirmaries and hospitals
INCLUDE Salaries and benefits for medical providers employed by the jail agency
INCLUDE Contracts with providers of medical care
INCLUDE Expenses related to physical medical care
INCLUDE Expenses related to mental health care
EXCLUDE Costs related to transporting people who are incarcerated to and from hospitals or other health care facilities

5.2.5 Contract Beds (Expenses)

Breakdown description: The amount spent by the agency on contracts with other agencies to provide custody and care for people who are incarcerated under the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Expenses for beds contracted with other jail agencies
INCLUDE Expenses for beds contracted with state agencies (i.e., in state prisons)
INCLUDE Expenses for beds contracted with federal agencies (i.e., in federal prisons)
INCLUDE Expenses for beds contracted with private prison companies

5.2.6 Other Expenses

Breakdown description: The amount spent by the agency on other costs relating to the operation and maintenance of jail facilities and the care of people who are incarcerated that are not personnel, training, facilities and equipment, health care for people who are incarcerated, or contract beds.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.2.7 Unknown Expenses

Breakdown description: The amount spent by the agency on other costs relating to the operation and maintenance of jail facilities and the care of people who are incarcerated for a purpose that is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.3 Staff

Preferred sharing frequency: Annually
Preferred time period: Last day of fiscal year

Metric description: The number of full-time equivalent (FTE) positions budgeted and paid for by the agency for the operation and maintenance of the jail facilities and the care of people who are incarcerated under the jurisdiction of the agency.

Staff positions should only be counted once per FTE. If one FTE position has job functions that span more than one type of role, please count that FTE position in the role with the largest percentage of job functions.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Filled positions
INCLUDE Staff positions budgeted but currently vacant
INCLUDE Full-time positions
INCLUDE Part-time positions
INCLUDE Contracted positions
INCLUDE Temporary positions
EXCLUDE Volunteer positions
EXCLUDE Intern positions

5.3.1 Security Staff

Breakdown description: The number of full-time equivalent positions that work directly with people who are incarcerated and are responsible for their custody, supervision, and monitoring.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Correctional officers (all ranks)
INCLUDE Correctional officer supervisors
EXCLUDE Security staff budgeted but currently vacant

5.3.2 Management and Operations Staff

Breakdown description: The number of full-time equivalent positions that do not work directly with people who are incarcerated but support the day-to-day operations of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Jail management (i.e., executive-level staff such as the warden, chiefs, superintendent, etc.)
INCLUDE Clerical or administrative staff
INCLUDE Research staff
INCLUDE Maintenance staff
EXCLUDE Management and operations staff positions budgeted but currently vacant

5.3.3 Clinical and Medical Staff

Breakdown description: The number of full-time equivalent positions that work directly with people who are incarcerated and are responsible for their health.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Medical doctors
INCLUDE Nurses
INCLUDE Dentists
INCLUDE Clinicians (e.g., substance use treatment specialists)
INCLUDE Therapists (e.g., mental health counselors)
INCLUDE Psychiatrists
EXCLUDE Clinical or medical staff positions budgeted but currently vacant

5.3.4 Programmatic Staff

Breakdown description: The number of full-time equivalent positions that provide services and programming to people who are incarcerated but are not medical or clinical staff.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Vocational staff
INCLUDE Educational staff
INCLUDE Therapeutic and support program staff
INCLUDE Religious or cultural program staff
EXCLUDE Programmatic staff positions budgeted but currently vacant

5.3.5 Other Staff

Breakdown description: The number of full-time equivalent positions dedicated to the operation and maintenance of jail facilities under the jurisdiction of the agency that are not security staff, management and operations staff, clinical and medical staff, or programmatic staff.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.3.6 Unknown Staff

Breakdown description: The number of full-time equivalent positions dedicated to the operation and maintenance of jail facilities under the jurisdiction of the agency that are of an unknown type.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.3.7 Vacant Positions (Any Staff Type)

Breakdown description: The number of full-time equivalent positions dedicated to operation and maintenance of the jail facilities and the care of people who are incarcerated under the jurisdiction of the agency of any type that are budgeted but not currently filled.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Vacant security staff positions
INCLUDE Vacant management and operations staff positions
INCLUDE Vacant clinical and medical staff positions
INCLUDE Vacant programmatic staff positions
INCLUDE Vacant staff positions of unknown type
EXCLUDE Filled positions
Note regarding staff vacancy

Vacancy by staff type is an issue that all subcommittees have raised as critical to consider for inclusion in the Tier 2 metrics and has been included on initial voting slates for consideration. Tier 2 metrics are scheduled to be released in May 2023.

5.4 Pre-adjudication Admissions

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of admission events to the agency’s jurisdiction in which the person has not yet been adjudicated .

Pre-adjudication admissions are based on the number of events in which a person was incarcerated in a jail facility, not the number of individual people who entered the facility. If the same person was admitted to jail three times in a time period, it would count as three admissions.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE “Paper bookings” who are never admitted to facilities
INCLUDE Admission events that are booked and released in less than 12 hours
INCLUDE Admission events that are booked and released between 12 and 24 hours
INCLUDE Admission events that are booked and admitted to jail pre-adjudication
EXCLUDE Admission events returning from a temporary absence (e.g., hospital visit, court hearing, etc.)
EXCLUDE Admission events that are moving between facilities under the same agency’s jurisdiction

5.4.1 Pre-adjudication Admissions for Person Charges

Breakdown description: The number of pre-adjudication admission events in which the most serious charge was for an offense against a person.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Aggravated assault
INCLUDE Simple assault
INCLUDE Intimidation
INCLUDE Murder and nonnegligent manslaughter
INCLUDE Negligent manslaughter
INCLUDE Human trafficking, commercial sex acts
INCLUDE Human trafficking, involuntary servitude
INCLUDE Kidnapping/abduction
INCLUDE Rape
INCLUDE Sodomy
INCLUDE Sexual assault with an object
INCLUDE Fondling
INCLUDE Incest
INCLUDE Statutory rape
INCLUDE Robbery
EXCLUDE Justifiable homicide

5.4.2 Pre-adjudication Admissions for Property Charges

Breakdown description: The number of pre-adjudication admission events in which the most serious charge was for a property offense .

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Arson
INCLUDE Bribery
INCLUDE Burglary/breaking and entering
INCLUDE Counterfeiting/forgery
INCLUDE Destruction/damage/vandalism of property
INCLUDE Embezzlement
INCLUDE Extortion/blackmail
INCLUDE False pretenses/swindle/confidence game
INCLUDE Credit card/automated teller machine fraud
INCLUDE Impersonation
INCLUDE Welfare fraud
INCLUDE Wire fraud
INCLUDE Identity theft
INCLUDE Hacking/computer invasion
INCLUDE Pocket-picking
INCLUDE Purse-snatching
INCLUDE Shoplifting
INCLUDE Theft from building
INCLUDE Theft from coin-operated machine or device
INCLUDE Theft from motor vehicle
INCLUDE Theft of motor vehicle parts or accessories
INCLUDE All other larceny
INCLUDE Motor vehicle theft
INCLUDE Stolen property offenses
EXCLUDE Robbery

5.4.3 Pre-adjudication Admissions for Public Order Charges

Breakdown description: The number of pre-adjudication admission events in which the most serious charge was for a public order offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Animal cruelty
INCLUDE Import violations
INCLUDE Export violations
INCLUDE Federal liquor offenses
INCLUDE Federal tobacco offenses
INCLUDE Wildlife trafficking
INCLUDE Espionage
INCLUDE Money laundering
INCLUDE Harboring escapee/concealing from arrest
INCLUDE Flight to avoid prosecution
INCLUDE Flight to avoid deportation
INCLUDE Betting/wagering
INCLUDE Operating/promoting/assisting gambling
INCLUDE Gambling equipment violations
INCLUDE Sports tampering
INCLUDE Illegal entry into the United States
INCLUDE False citizenship
INCLUDE Smuggling aliens
INCLUDE Re-entry after deportation
INCLUDE Pornography/obscene material
INCLUDE Prostitution
INCLUDE Assisting or promoting prostitution
INCLUDE Purchasing prostitution
INCLUDE Treason
INCLUDE Weapon law violations
INCLUDE Violation of National Firearm Act of 1934
INCLUDE Weapons of mass destruction
INCLUDE Explosives
INCLUDE Failure to appear
INCLUDE Curfew/loitering/vagrancy violations
INCLUDE Disorderly conduct
INCLUDE Driving under the influence
INCLUDE Family offenses, nonviolent
INCLUDE Federal resource violations
INCLUDE Liquor law violations
INCLUDE Perjury
INCLUDE Trespass of real property
EXCLUDE Drug/narcotic violations
EXCLUDE Drug equipment violations
EXCLUDE Drug sales
EXCLUDE Drug distribution
EXCLUDE Drug manufacturing
EXCLUDE Drug smuggling
EXCLUDE Drug production
EXCLUDE Drug possession

5.4.4 Pre-adjudication Admissions for Drug Charges

Breakdown description: The number of pre-adjudication admission events in which the most serious charge was for a drug offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Drug/narcotic violations
INCLUDE Drug equipment violations
INCLUDE Drug sales
INCLUDE Drug distribution
INCLUDE Drug manufacturing
INCLUDE Drug smuggling
INCLUDE Drug production
INCLUDE Drug possession

5.4.5 Pre-adjudication Admissions for Other Charges

Breakdown description: The number of pre-adjudication admission events in which the most serious charge was for another type of offense that was not a person, property, public order, or drug offense.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.4.6 Pre-adjudication Admissions for Unknown Charges

Breakdown description: The number of pre-adjudication admission events in which the most serious offense charge type is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.5 Post-adjudication Admissions

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of admission events to the agency’s jurisdiction in which the person has been adjudicated.

Post-adjudication admissions are based on the number of events in which a person was incarcerated in a jail facility, not the number of individual people who entered the facility. If the same person was admitted to jail three times in a time period, it would count as three admissions.

5.5.1 Post-adjudication Admissions for Person Offenses

Breakdown description: The number of post-adjudication admission events in which the most serious offense was for an offense against a person.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Aggravated assault
INCLUDE Simple assault
INCLUDE Intimidation
INCLUDE Murder and nonnegligent manslaughter
INCLUDE Negligent manslaughter
INCLUDE Human trafficking, commercial sex acts
INCLUDE Human trafficking, involuntary servitude
INCLUDE Kidnapping/abduction
INCLUDE Rape
INCLUDE Sodomy
INCLUDE Sexual assault with an object
INCLUDE Fondling
INCLUDE Incest
INCLUDE Statutory rape
INCLUDE Robbery
EXCLUDE Justifiable homicide

5.5.2 Post-adjudication Admissions for Property Offenses

Breakdown description: The number of post-adjudication admission events in which the most serious offense was for a property offense .

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Arson
INCLUDE Bribery
INCLUDE Burglary/breaking and entering
INCLUDE Counterfeiting/forgery
INCLUDE Destruction/damage/vandalism of property
INCLUDE Embezzlement
INCLUDE Extortion/blackmail
INCLUDE False pretenses/swindle/confidence game
INCLUDE Credit card/automated teller machine fraud
INCLUDE Impersonation
INCLUDE Welfare fraud
INCLUDE Wire fraud
INCLUDE Identity theft
INCLUDE Hacking/computer invasion
INCLUDE Pocket-picking
INCLUDE Purse-snatching
INCLUDE Shoplifting
INCLUDE Theft from building
INCLUDE Theft from coin-operated machine or device
INCLUDE Theft from motor vehicle
INCLUDE Theft of motor vehicle parts or accessories
INCLUDE All other larceny
INCLUDE Motor vehicle theft
INCLUDE Stolen property offenses
EXCLUDE Robbery

5.5.3 Post-adjudication Admissions for Public Order Offenses

Breakdown description: The number of post-adjudication admission events in which the most serious offense was for a public order offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Animal cruelty
INCLUDE Import violations
INCLUDE Export violations
INCLUDE Federal liquor offenses
INCLUDE Federal tobacco offenses
INCLUDE Wildlife trafficking
INCLUDE Espionage
INCLUDE Money laundering
INCLUDE Harboring escapee/concealing from arrest
INCLUDE Flight to avoid prosecution
INCLUDE Flight to avoid deportation
INCLUDE Betting/wagering
INCLUDE Operating/promoting/assisting gambling
INCLUDE Gambling equipment violations
INCLUDE Sports tampering
INCLUDE Illegal entry into the United States
INCLUDE False citizenship
INCLUDE Smuggling aliens
INCLUDE Re-entry after deportation
INCLUDE Pornography/obscene material
INCLUDE Prostitution
INCLUDE Assisting or promoting prostitution
INCLUDE Purchasing prostitution
INCLUDE Treason
INCLUDE Weapon law violations
INCLUDE Violation of National Firearm Act of 1934
INCLUDE Weapons of mass destruction
INCLUDE Explosives
INCLUDE Failure to appear
INCLUDE Curfew/loitering/vagrancy violations
INCLUDE Disorderly conduct
INCLUDE Driving under the influence
INCLUDE Family offenses, nonviolent
INCLUDE Federal resource violations
INCLUDE Liquor law violations
INCLUDE Perjury
INCLUDE Trespass of real property
EXCLUDE Drug/narcotic violations
EXCLUDE Drug equipment violations
EXCLUDE Drug sales
EXCLUDE Drug distribution
EXCLUDE Drug manufacturing
EXCLUDE Drug smuggling
EXCLUDE Drug production
EXCLUDE Drug possession

5.5.4 Post-adjudication Admissions for Drug Offenses

Breakdown description: The number of post-adjudication admission events in which the most serious offense was for a drug offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Drug/narcotic violations
INCLUDE Drug equipment violations
INCLUDE Drug sales
INCLUDE Drug distribution
INCLUDE Drug manufacturing
INCLUDE Drug smuggling
INCLUDE Drug production
INCLUDE Drug possession

5.5.5 Post-adjudication Admissions for Other Offenses

Breakdown description: The number of post-adjudication admission events in which the most serious offense was for another type of offense that was not a person, property, public order, or drug offense.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.5.6 Post-adjudication Admissions for Unknown Offenses

Breakdown description: The number of post-adjudication admission events in which the most serious offense charge type is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.6 Pre-adjudication Daily Population

Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month

Metric description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have not yet been adjudicated.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE People in jail awaiting arraignment
INCLUDE People in jail due to unpaid bail
INCLUDE People in jail due to denial of bail
INCLUDE People in jail due to revocation of bail
INCLUDE People in jail pending assessment of capacity to stand trial
INCLUDE People who have been transferred to a hospital for a capacity assessment but are still counted in jail population
INCLUDE People in jail to be held pending outcome of pretrial revocation decision
INCLUDE People in jail due to revocation of pretrial release
INCLUDE People in jail due to a pretrial supervision incarceration sanction
INCLUDE People in jail due to a pre-adjudication federal hold for U.S. Marshals Service, Federal Bureau of Prisons, or U.S. Immigration and Customs Enforcement
INCLUDE People in jail due to a pre-adjudication federal hold for a Tribal Nation or the Bureau of Indian Affairs
INCLUDE People held awaiting hearings for failure to appear in court or court-ordered programs
INCLUDE People held due to failure to pay fines or fees ordered by civil or criminal courts
INCLUDE People held for other state or county jurisdictions
EXCLUDE People in jail to serve a sentence of jail incarceration
EXCLUDE People in jail to serve a split sentence of jail incarceration
EXCLUDE People in jail to serve a suspended sentence of jail incarceration
EXCLUDE People in jail due to a revocation of post-adjudication community supervision sentence (i.e., probation, parole, or other community supervision sentence type)
EXCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a community supervision agency (e.g., a “dip,” “dunk,” or weekend sentence)
EXCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a specialty, treatment, or problem-solving court (e.g., a “dip,” “dunk,” or weekend sentence)

5.6.1 Pre-adjudication Population – Person Charges

Breakdown description: A single day count of the number of people incarcerated pre-adjudication whose most serious charge was an offense against a person.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Aggravated assault
INCLUDE Simple assault
INCLUDE Intimidation
INCLUDE Murder and nonnegligent manslaughter
INCLUDE Negligent manslaughter
INCLUDE Human trafficking, commercial sex acts
INCLUDE Human trafficking, involuntary servitude
INCLUDE Kidnapping/abduction
INCLUDE Rape
INCLUDE Sodomy
INCLUDE Sexual assault with an object
INCLUDE Fondling
INCLUDE Incest
INCLUDE Statutory rape
INCLUDE Robbery
EXCLUDE Justifiable homicide

5.6.2 Pre-adjudication Population – Property Charges

Breakdown description: A single day count of the number of people incarcerated pre-adjudication whose most serious charge was a property offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Arson
INCLUDE Bribery
INCLUDE Burglary/breaking and entering
INCLUDE Counterfeiting/forgery
INCLUDE Destruction/damage/vandalism of property
INCLUDE Embezzlement
INCLUDE Extortion/blackmail
INCLUDE False pretenses/swindle/confidence game
INCLUDE Credit card/automated teller machine fraud
INCLUDE Impersonation
INCLUDE Welfare fraud
INCLUDE Wire fraud
INCLUDE Identity theft
INCLUDE Hacking/computer invasion
INCLUDE Pocket-picking
INCLUDE Purse-snatching
INCLUDE Shoplifting
INCLUDE Theft from building
INCLUDE Theft from coin-operated machine or device
INCLUDE Theft from motor vehicle
INCLUDE Theft of motor vehicle parts or accessories
INCLUDE All other larceny
INCLUDE Motor vehicle theft
INCLUDE Stolen property offenses
EXCLUDE Robbery

5.6.3 Pre-adjudication Population – Public Order Charges

Breakdown description: A single day count of the number of people incarcerated pre-adjudication whose most serious charge was a public order offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Animal cruelty
INCLUDE Import violations
INCLUDE Export violations
INCLUDE Federal liquor offenses
INCLUDE Federal tobacco offenses
INCLUDE Wildlife trafficking
INCLUDE Espionage
INCLUDE Money laundering
INCLUDE Harboring escapee/concealing from arrest
INCLUDE Flight to avoid prosecution
INCLUDE Flight to avoid deportation
INCLUDE Betting/wagering
INCLUDE Operating/promoting/assisting gambling
INCLUDE Gambling equipment violations
INCLUDE Sports tampering
INCLUDE Illegal entry into the United States
INCLUDE False citizenship
INCLUDE Smuggling aliens
INCLUDE Re-entry after deportation
INCLUDE Pornography/obscene material
INCLUDE Prostitution
INCLUDE Assisting or promoting prostitution
INCLUDE Purchasing prostitution
INCLUDE Treason
INCLUDE Weapon law violations
INCLUDE Violation of National Firearm Act of 1934
INCLUDE Weapons of mass destruction
INCLUDE Explosives
INCLUDE Failure to appear
INCLUDE Curfew/loitering/vagrancy violations
INCLUDE Disorderly conduct
INCLUDE Driving under the influence
INCLUDE Family offenses, nonviolent
INCLUDE Federal resource violations
INCLUDE Liquor law violations
INCLUDE Perjury
INCLUDE Trespass of real property
EXCLUDE Drug/narcotic violations
EXCLUDE Drug equipment violations
EXCLUDE Drug sales
EXCLUDE Drug distribution
EXCLUDE Drug manufacturing
EXCLUDE Drug smuggling
EXCLUDE Drug production
EXCLUDE Drug possession

5.6.4 Pre-adjudication Population – Drug Charges

Breakdown description: A single day count of the number of people incarcerated pre-adjudication whose most serious charge was a drug offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Drug/narcotic violations
INCLUDE Drug equipment violations
INCLUDE Drug sales
INCLUDE Drug distribution
INCLUDE Drug manufacturing
INCLUDE Drug smuggling
INCLUDE Drug production
INCLUDE Drug possession

5.6.5 Pre-adjudication Population – Other Charges

Breakdown description: A single day count of the number of people incarcerated pre-adjudication whose most serious charge was not a person, property, drug, or public order offense.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.6.6 Pre-adjudication Population - Unknown Charges

Breakdown description: A single day count of the number of people incarcerated pre-adjudication whose most serious charge type is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.7 Post-adjudication Daily Population

Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month

Metric description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have been adjudicated and convicted.

INCLUDE People in jail to serve a sentence of jail incarceration
INCLUDE People in jail to serve a state prison sentence
INCLUDE People in jail to serve a split sentence of jail incarceration
INCLUDE People in jail to serve a suspended sentence of jail incarceration
INCLUDE People in jail due to a revocation of post-adjudication community supervision sentence (i.e., probation, parole, or other community supervision sentence type)
INCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a community supervision agency (e.g., a “dip,” “dunk,” or weekend sentence)
INCLUDE People in jail due to a post-adjudication incarceration sanction imposed by a specialty, treatment, or problem-solving court (e.g., a “dip,” “dunk,” or weekend sentence)
EXCLUDE People in jail awaiting arraignment
EXCLUDE People in jail due to unpaid bail
EXCLUDE People in jail due to denial of bail
EXCLUDE People in jail due to revocation of bail
EXCLUDE People in jail pending assessment of capacity to stand trial
EXCLUDE People who have been transferred to a hospital for a capacity assessment but are still counted in jail population
EXCLUDE People in jail to be held pending outcome of pretrial revocation decision
EXCLUDE People in jail due to revocation of pretrial release
EXCLUDE People in jail due to a pretrial supervision incarceration sanction
EXCLUDE People in jail due to a pre-adjudication federal hold for U.S. Marshals Service, Federal Bureau of Prisons, or U.S. Immigration and Customs Enforcement
EXCLUDE People in jail due to a pre-adjudication federal hold for a Tribal Nation or the Bureau of Indian Affairs
EXCLUDE People held awaiting hearings for failure to appear in court or court-ordered programs
EXCLUDE People held due to failure to pay fines or fees ordered by civil or criminal courts
EXCLUDE People held for other state or county jurisdictions

5.7.1 Post-adjudication Population – Person Offenses

Breakdown description: A single day count of the number of people incarcerated post-adjudication whose most serious offense was a crime against a person.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Aggravated assault
INCLUDE Simple assault
INCLUDE Intimidation
INCLUDE Murder and nonnegligent manslaughter
INCLUDE Negligent manslaughter
INCLUDE Human trafficking, commercial sex acts
INCLUDE Human trafficking, involuntary servitude
INCLUDE Kidnapping/abduction
INCLUDE Rape
INCLUDE Sodomy
INCLUDE Sexual assault with an object
INCLUDE Fondling
INCLUDE Incest
INCLUDE Statutory rape
INCLUDE Robbery
EXCLUDE Justifiable homicide

5.7.2 Post-adjudication Population – Property Offenses

Breakdown description: A single day count of the number of people incarcerated post-adjudication whose most serious offense was a property offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Arson
INCLUDE Bribery
INCLUDE Burglary/breaking and entering
INCLUDE Counterfeiting/forgery
INCLUDE Destruction/damage/vandalism of property
INCLUDE Embezzlement
INCLUDE Extortion/blackmail
INCLUDE False pretenses/swindle/confidence game
INCLUDE Credit card/automated teller machine fraud
INCLUDE Impersonation
INCLUDE Welfare fraud
INCLUDE Wire fraud
INCLUDE Identity theft
INCLUDE Hacking/computer invasion
INCLUDE Pocket-picking
INCLUDE Purse-snatching
INCLUDE Shoplifting
INCLUDE Theft from building
INCLUDE Theft from coin-operated machine or device
INCLUDE Theft from motor vehicle
INCLUDE Theft of motor vehicle parts or accessories
INCLUDE All other larceny
INCLUDE Motor vehicle theft
INCLUDE Stolen property offenses
EXCLUDE Robbery

5.7.3 Post-adjudication Population – Public Order Offenses

Breakdown description: A single day count of the number of people incarcerated post-adjudication whose most serious offense was a public order offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Animal cruelty
INCLUDE Import violations
INCLUDE Export violations
INCLUDE Federal liquor offenses
INCLUDE Federal tobacco offenses
INCLUDE Wildlife trafficking
INCLUDE Espionage
INCLUDE Money laundering
INCLUDE Harboring escapee/concealing from arrest
INCLUDE Flight to avoid prosecution
INCLUDE Flight to avoid deportation
INCLUDE Betting/wagering
INCLUDE Operating/promoting/assisting gambling
INCLUDE Gambling equipment violations
INCLUDE Sports tampering
INCLUDE Illegal entry into the United States
INCLUDE False citizenship
INCLUDE Smuggling aliens
INCLUDE Re-entry after deportation
INCLUDE Pornography/obscene material
INCLUDE Prostitution
INCLUDE Assisting or promoting prostitution
INCLUDE Purchasing prostitution
INCLUDE Treason
INCLUDE Weapon law violations
INCLUDE Violation of National Firearm Act of 1934
INCLUDE Weapons of mass destruction
INCLUDE Explosives
INCLUDE Failure to appear
INCLUDE Curfew/loitering/vagrancy violations
INCLUDE Disorderly conduct
INCLUDE Driving under the influence
INCLUDE Family offenses, nonviolent
INCLUDE Federal resource violations
INCLUDE Liquor law violations
INCLUDE Perjury
INCLUDE Trespass of real property
EXCLUDE Drug/narcotic violations
EXCLUDE Drug equipment violations
EXCLUDE Drug sales
EXCLUDE Drug distribution
EXCLUDE Drug manufacturing
EXCLUDE Drug smuggling
EXCLUDE Drug production
EXCLUDE Drug possession

5.7.4 Post-adjudication Population – Drug Offenses

Breakdown description: A single day count of the number of people incarcerated post-adjudication whose most serious offense was a drug offense.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Drug/narcotic violations
INCLUDE Drug equipment violations
INCLUDE Drug sales
INCLUDE Drug distribution
INCLUDE Drug manufacturing
INCLUDE Drug smuggling
INCLUDE Drug production
INCLUDE Drug possession

5.7.5 Post-adjudication Population – Other Offenses

Breakdown description: A single day count of the number of people incarcerated post-adjudication whose most serious offense was for another type of offense that was not a person, property, drug, or public order offense.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.7.6 Post-adjudication Population – Unknown Offenses

Breakdown description: A single day count of the number of people incarcerated post-adjudication whose most serious offense was not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.8 Pre-adjudication Daily Population by Race and Ethnicity

Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month

Metric description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have not been adjudicated, disaggregated by race and ethnicity.

The definition of pre-adjudication daily population configured in the Pre-adjudication Daily Population metric will be applied to this metric.

See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.

5.9 Post-adjudication Daily Population by Race and Ethnicity

Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month

Metric description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have been adjudicated and convicted disaggregated by race and ethnicity.

The definition of post-adjudication daily population configured in the Post-adjudication Daily Population metric will be applied to this metric.

See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.

5.10 Pre-adjudication Daily Population by Biological Sex

Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month

Metric description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have not been adjudicated disaggregated by biological sex.

The definition of pre-adjudication daily population configured in the Pre-adjudication Daily Population metric will be applied to this metric.

5.10.1 Male Biological Sex

Breakdown description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have not been adjudicated whose biological sex is male.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Male biological sex
EXCLUDE Unknown biological sex

5.10.2 Female Biological Sex

Breakdown description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have not been adjudicated whose biological sex is female.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Female biological sex
EXCLUDE Unknown biological sex

5.10.3 Unknown Biological Sex

Breakdown description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have not been adjudicated whose biological sex is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

Note about gender identity metrics

Justice Counts is working to determine the best way to account for gender identity through this initiative. More information is forthcoming in early 2023.

5.11 Post-adjudication Daily Population by Biological Sex

Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month

Metric description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have been adjudicated disaggregated by biological sex .

The definition of post-adjudication daily population configured in the Post-adjudication Daily Population metric will be applied to this metric.

5.11.1 Male Biological Sex

Breakdown description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have been adjudicated whose biological sex is male.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Male biological sex
EXCLUDE Unknown biological sex

5.11.2 Female Biological Sex

Breakdown description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have been adjudicated whose biological sex is female.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Female biological sex
EXCLUDE Unknown biological sex

5.11.3 Unknown Biological Sex

Breakdown description: A single day count of the number of people incarcerated in the agency’s jurisdiction who have been adjudicated whose biological sex is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

Note about gender identity metrics

Justice Counts is working to determine the best way to account for gender identity through this initiative. More information is forthcoming in early 2023.

5.12 Pre-adjudication Releases

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of release events from the agency’s jurisdiction after a period of pre-adjudication incarceration.

Releases are based on the number of events in which a person was released from the jurisdiction of the agency, not the number of individual people released. If the same person was released from jail three times in a time period, it would count as three releases. Any admission as defined in Pre-adjudication Admissions should be counted here as a release when they are released from the jurisdiction of the agency.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases to own recognizance awaiting trial
INCLUDE Releases on monetary bail
INCLUDE Release events on nonmonetary bail (i.e., travel restrictions, no contact orders)
INCLUDE Releases to supervision (including electronic monitoring, home confinement, traditional supervision, etc.)
INCLUDE Releases with subsequent bail modifications
INCLUDE Releases due to death in custody
INCLUDE Releases due to escape or Absent Without Leave (AWOL) status for more than 30 days
INCLUDE Emergency releases (such as due to COVID-19, etc.)

5.12.1 Pre-adjudication Releases to Own Recognizance Awaiting Trial

Breakdown description: The number of pre-adjudication release events of people to their own recognizance while awaiting trial, without any other form of supervision.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases on signature bond (a.k.a. recognizance bond or oath bond)
INCLUDE Releases on own recognizance
INCLUDE Releases on non-monetary conditions (e.g., surrender passport, no contact order, etc.)

5.12.2 Pre-adjudication Releases to Monetary Bail

Breakdown description: The number of pre-adjudication release events of people to bond while awaiting trial, without out any other form of supervision.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases on unsecured bond
INCLUDE Releases on deposit bond
INCLUDE Releases on monetary bail
INCLUDE Releases before initial bail hearing

5.12.3 Pre-adjudication Releases Due to Death

Breakdown description: The number of pre-adjudication release events due to death of people in custody.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Death while under the agency’s jurisdiction
INCLUDE Death while temporarily absent (e.g., hospital, court, work release)

5.12.4 Pre-adjudication Releases Due to Escape or AWOL Status

Breakdown description: The number of pre-adjudication release events due to escape from custody or assessment as AWOL for more than 30 days.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Escape from pretrial hold
INCLUDE AWOL from pretrial hold
INCLUDE AWOL from pretrial supervision

5.12.5 Other Pre-adjudication Releases

Breakdown description: The number of pre-adjudication release events from the agency’s jurisdiction that are not releases to pretrial supervision, to own recognizance awaiting trial, to monetary bail, death, or escape/AWOL status.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.12.6 Unknown Pre-adjudication Releases

Breakdown description: The number of pre-adjudication release events from the agency’s jurisdiction whose release type is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.13 Post-adjudication Releases

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of release events from the agency’s jurisdiction following a sentence of a period of incarceration in jail due to a conviction for a criminal offense.

Releases are based on the number of events in which a person was released from the jurisdiction of the agency, not the number of individual people released. If the same person was released from jail three times in a time period, it would count as three releases. If a person is released to more than one form of supervision, please only count them once in the “Other Post-adjudication Releases” and do not include them in other categories of supervision.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases to probation supervision following a period of jail incarceration (including electronic monitoring)
INCLUDE Releases to parole supervision following a period of jail incarceration
INCLUDE Releases to other community supervision that is not probation or parole
INCLUDE Releases to inpatient treatment in the community
INCLUDE Releases with no additional correctional control

5.13.1 Post-adjudication Releases to Probation Supervision

Breakdown description: The number of post-adjudication release events from the agency’s jurisdiction to probation supervision.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases to an additional probation sentence after completing a jail sentence
INCLUDE Releases back to probation after a jail incarceration probation sanction
INCLUDE Releases to probation to serve a split- or on-and-after sentence
INCLUDE Releases to probation after a shock probation sentence
INCLUDE Releases to probation in the jurisdiction of another county or state

5.13.2 Post-adjudication Releases to Parole Supervision

Breakdown description: The number of post-adjudication release events from the agency’s jurisdiction to parole supervision.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases to parole at the authority of a parole board or similar decision-making entity
INCLUDE Releases to parole by statutory requirement or other automatic release mechanism
INCLUDE Releases back to parole after a jail sanction for a parole violation
INCLUDE Releases to parole due to commuted or lowered sentence
INCLUDE Releases to parole or re-parole in the jurisdiction of another state

5.13.3 Post-adjudication Releases to Other Community Supervision That Is Not Probation or Parole

Breakdown description: The number of post-adjudication release events from the agency’s jurisdiction to another form of community supervision that is not probation or parole.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases to an additional other community supervision sentence after completing a jail sentence
INCLUDE Releases back to other community supervision after a jail incarceration probation sanction
INCLUDE Releases to other community supervision to serve a split- or on-and-after sentence
INCLUDE Releases to other community supervision at the authority of a parole board or similar decision-making entity
INCLUDE Releases to other community supervision by statutory requirement or other automatic release mechanism
INCLUDE Releases back to other community supervision after a jail sanction for a supervision violation
INCLUDE Releases to other community supervision due to commuted or lowered sentence
INCLUDE Releases to other community supervision or re-released to other community supervision in the jurisdiction of another state

5.13.4 Post-adjudication Releases with No Additional Correctional Control

Breakdown description: The number of post-adjudication release events from the agency’s jurisdiction with no additional correctional control.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases due to sentence completion, no post-release supervision
INCLUDE Releases due to exoneration

5.13.5 Post-adjudication Releases Due to Death

Breakdown description: The number of post-adjudication release events from the agency’s jurisdiction due to death of people in custody.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Releases due to death of people in custody
INCLUDE Releases due to death of people in custody who were temporarily absent (e.g., hospital, court, work release)

5.13.6 Post-adjudication Releases Due to Escape or AWOL Status

Breakdown description: The number of pre-adjudication release events due to escape from custody or assessment as AWOL for more than 30 days.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Escape from custody
INCLUDE AWOL from custody

5.13.7 Other Post-adjudication Releases

Breakdown description: The number of post-adjudication release events from the agency’s jurisdiction that are not releases to probation supervision, to parole supervision, to other community supervision, to no additional correctional control, due to death, or due to escape or AWOL status.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.13.8 Unknown Post-adjudication Releases

Breakdown description: The number of post-adjudication release events from the agency’s jurisdiction where the release type is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.14 Readmissions

Preferred sharing frequency: Annually
Preferred time period: First day of calendar year to last day of calendar year

Metric description: The number of admission events to the agency’s jurisdiction of people who were incarcerated in the agency’s jurisdiction within the previous year (365 days).

The definition of admissions configured in the Pre-adjudication Admissions metric and the Post-adjudication Admissions metric will be applied to this metric.

For instance, if a person admitted on June 23, 2022, had been incarcerated at any time between June 23, 2021, and June 23, 2022, it would be counted as a readmission. This metric is based on admission events, so if a person is admitted four times in the time period, that would count as one admission and three readmissions. To state it another way, agencies should count the number of times each person has been admitted in the last 365 days and remove anyone with one admission from the count.

5.15 Use of Force Incidents

Preferred sharing frequency: Annually
Preferred time period: First day of calendar year to last day of calendar year

Metric description: The number of incidents in which agency staff use physical force to gain compliance from or control of a person who is under the agency’s jurisdiction.

Incidents represent unique events where force was used, not the number of people or staff involved in those events.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Incidents involving physical force
INCLUDE Incidents involving the use of restraining devices (e.g., handcuffs, leg irons)
INCLUDE Incidents involving the use of weapons
INCLUDE Incidents involving the use of other types of force
INCLUDE Incidents found to be justified
INCLUDE Incidents not found to be justified
INCLUDE Incidents that are spontaneous (e.g., responses to emergent situations)
INCLUDE Incidents that are planned (e.g., controlling a person for search or safety)
EXCLUDE Use of restraints during routine operations and movement of people in the agency’s jurisdiction that follows jurisdiction policy and standard operating procedures

5.16 Grievances Upheld

Preferred sharing frequency: Annually
Preferred time period: First day of calendar year to last day of calendar year

Metric description: The number of complaints from people in jail in the agency’s jurisdiction that were received through the official grievance process and upheld or substantiated.

Count grievances in the time period in which they were resolved, not when they were received or occurred. For instance, if a complaint was received on November 8, 2021, and resolved on January 14, 2022, that grievance would be counted in 2022.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Grievances upheld or substantiated
INCLUDE Grievances resulting in a remedy (e.g., apology, policy change)
EXCLUDE Grievances unsubstantiated
EXCLUDE Grievances pending resolution
EXCLUDE Grievances submitted informally or not in accordance with the agency’s grievance policy
EXCLUDE Duplicate grievances

5.16.1 Living Conditions

Breakdown description: The number of grievances upheld that relate to the living conditions of people who are incarcerated under the agency’s jurisdiction.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Grievances related to classification of a person under the agency’s jurisdiction
INCLUDE Grievances related to the use of administrative segregation
INCLUDE Grievances related to the use of disciplinary segregation
INCLUDE Grievances related to overcrowding
INCLUDE Grievances related to unsanitary conditions in the facility in general (i.e., not specific to living conditions)
INCLUDE Grievances related to food
INCLUDE Grievances related to facility maintenance issues
INCLUDE Grievances related to testing bodily fluids
INCLUDE Grievances related to body searches
INCLUDE Grievances related to personal property

5.16.2 Personal Safety

Breakdown description: The number of grievances upheld that relate to the personal safety of people who are incarcerated.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Grievances related to physical harm or threats of physical harm by staff
INCLUDE Grievances related to physical harm or threats of physical harm by another person under the agency’s jurisdiction
INCLUDE Grievances related to emotional harm or threats of emotional harm by staff
INCLUDE Grievances related to emotional harm or threats of emotional harm by another person under the agency’s jurisdiction
INCLUDE Grievances related to harassment by staff
INCLUDE Grievances related to harassment by another person under the agency’s jurisdiction
INCLUDE Grievances related to the Prison Rape Elimination Act (PREA)

5.16.3 Discrimination, Racial Bias, or Religious Practices

Breakdown description: The number of grievances upheld that relate to an act of discrimination toward, racial bias against, or interference of religious practices of people who are incarcerated.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Grievances related to discrimination or racial bias by staff
INCLUDE Grievances related to discrimination or racial bias by another person incarcerated in the agency's jurisdiction
INCLUDE Grievances related to the ability of the person under the agency’s jurisdiction to practice or observe their religious beliefs levied at staff
INCLUDE Grievances related to the ability of the person under the agency’s jurisdiction to practice or observe their religious beliefs levied at other people incarcerated in the agency’s jurisdiction

5.16.4 Access to Health Care

Breakdown description: The number of grievances upheld that relate to the accessibility of health care to people who are incarcerated.

The Justice Counts preferred definition includes and excludes the following (if jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE Grievances related to denial of care by medical or correctional personnel
INCLUDE Grievances related to lack of timely health care
INCLUDE Grievances against medical staff
INCLUDE Grievances related to reproductive health care
INCLUDE Grievance related to access to gender affirming care
INCLUDE Grievances related to confidentiality or privacy issues
INCLUDE Grievances related to medication
INCLUDE Grievances related to medical equipment

5.16.6 Other Grievance

Breakdown description: The number of grievances upheld that relate to another issue or concern that is not related to living conditions, personal safety, discrimination or racial bias, access to health care, or legal concerns.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

5.16.7 Unknown Grievance

Breakdown description: The number of grievances upheld that relate to an issue or concern that is not known.

If jail data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.