Federal Prison vs State Prison – What’s the Difference? (2024)

Posted on June 2, 2023

Federal prison is operated by the federal government and houses inmates convicted of breaking federal laws. In contrast, state prisons are operated by state governments and house people convicted of breaking state laws. Federal prisons are generally safer than state prisons and they keep inmates that are of a less violent and dangerous nature.

The main differences between federal prison and state prison are set forth in the table below.

Note that prisons (both federal and state) are different from jails. The latter are typically owned and operated by a city or county and house inmates for shorter periods of time (often under a year in duration).

1. What is a federal prison?

Federal prisons (for example, federal correctional institutions) are operated by the federal government. The Federal Bureau of Prisons (BOP), an agency under the U.S. Department of Justice, is tasked with the management and regulation of all federal penal and correctional institutions.¹

The federal prison system is charged with housing inmates that commit federal crimes or violate federal laws. A few examples of federal crimes include:

• certain sex offenses (including child p*rnography),²
• drug dealing or drug trafficking,³
• certain white-collar crimes (including money laundering and identity theft),⁴
• racketeering,⁵ and
• immigration crimes.⁶

Note that federal prisons are organized along five different levels of security system. The different levels of security include:

• minimum security,
• low security (for example, federal prison camps),
• medium security,
• high security, and
• administrative security.⁷

Federal inmates are tried and sentenced in federal court. The average federal prison sentences are usually in an area of 166 months.⁸

2. What are state prisons?

State prisons are state correctional facilities operated by state governments. State prison systems are designed to house inmates that violate state laws. A state’s Department of Corrections typically helps oversee the incarceration of all prisoners within a state prison system.⁹

In comparison to federal prisons, state prisons typically house more violent criminals or people who have committed more violent crimes. A few crimes that will lead to a prison term with state authorities include:

• murder,¹⁰
• rape,
• mayhem, and
• bank robbery.

While federal prisons have five levels of security, state prisons usually only have three. These include:

• maximum,
• medium, and
• minimum security prisons.¹¹

Inmates housed in state prisons get tried and sentenced in a state’s criminal justice system. State prison sentences average just under three years.¹²

3. What are some similarities between federal and state prisons?

Despite their differences, federal and state prisons do share some commonalities. A few common characteristics include that they are both:

• funded by taxpayer money,
• organized among different security levels,
• designed to have separate arrangements for men and women, and
• dedicated to the rehabilitation of their inmates.

4. What about jail vs. prison?

State jails and state prisons are two separate and distinct entities. Unlike state prisons, which are operated by state agencies, jails are typically owned and operated by cities or counties.

Further, in comparison to prisons, jails hold convicts for shorter periods of time. Jail sentences are usually under one year in duration.

Note, too, that jails are sometimes used as local holding cells. That is, law enforcement may use jail to keep a party confined while he/she awaits trial or a sentencing hearing.

For further discussion, please see our article on the difference between jails and prisons.

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