In The Dark Knight Rises: The Official Novelization, author Greg Cox reveals that the Joker was not locked away in Blackgate prison along with the all the other criminals who were freed during Bane's takeover of Gotham, but appropriately resting as the last resident of Arkham Asylum.
"Now that the Dent Act had made it all but impossible for the city’s criminals to cop an insanity plea, it (Blackgate Prison) had replaced Arkham Asylum as a preferred location for imprisoning both convicted and suspected felons. The worst of the worst were sent here, except for the Joker, who, rumor had it, was locked away as Arkham’s sole remaining inmate. Or perhaps he had escaped. Nobody was really sure. Not even Selina."
SOURCE: Nuke The Fridge
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