Clinton Offers Proposals to Cut Drug Use in Prisons

PRISONS January 1998

On January 12, President Clinton announced a directive to the Attorney General aimed at reducing illegal drug use in prison (Press Release, "Zero Tolerance for Drug Use and Drug Availability for Offenders," The White House, Office of the Press Secretary, January 12, 1998; Christopher Wren, "Clinton to Require State Efforts to Cut Drug Use in Prisons," New York Times, January 12, 1998, p. A1; Elizabeth Shogren, "Clinton to Order States to Fight Prison Drug Use," Los Angeles Times (Washington Edition), January 12, 1998, p. A5; Elizabeth Shogren, "President to order states to assess prison drug use, chart battle plan," Houston Chronicle, January 12, 1998, p. 5A; Peter Baker, "President Announces Directive, Proposals To Deal With Drug Use by Prison Inmates," Washington Post, January 13, 1998, p. A5).

According to the memorandum addressed to Attorney General Janet Reno, "With more than half the offenders in our criminal justice system estimated to have a substance-abuse problem, enforcing coerced abstinence within the criminal justice system is critical to breaking the cycle of crime and drugs." Clinton's directives to Reno include:

• "Amend the guidelines requiring States receiving Federal prison construction grants to submit plans for drug testing, intervention, and treatment to include a requirement that States must submit a baseline report of their prison drug abuse problem. In every subsequent year, States will be required to update and expand this information in order to measure the progress they are making. ..."
  [This could lead to more investigations of corrupt prison guards and better prison management. Or it could lead to less prison visitation by families, more restrictions on mail, work release, educational and religious programs in prison. -- EES]
   
• "Draft and transmit to the Congress legislation that will permit States to use their Federal prison construction and substance abuse treatment funds to provide a full range of drug testing, drug treatment, and sanctions for offenders under criminal justice supervision."
  [This is potentially positive. But the treatment component is unlikely to win GOP support. See Canada's proposal for methadone maintenance in prison. -- EES]
   
• "In consultation with States, draft and transmit to the Congress legislation that requires States to enact stiffer penalties for drug trafficking into and within correctional facilities."
  [This third proposal is a pandering, quick fix idea that has been around for a long time.
  In 1984 Congress clarified penalties for possessing or trafficking in contraband in prisons: drugs, guns, explosives, knives, escape materials, money, etc. The penalty for possessing a firearm, bomb, grenade, ammunition or escape material was 10 years. The penalty for possessing or trafficking in drugs was 5 years. (P.L. 98-473, section 1109; 18 U.S.C. 1791).
  In consideration of the Anti-Drug Abuse Act of 1988, the Senate adopted Phil Gramm's amendment to establish a 20-year sentence for possession of heroin, cocaine, methamphetamine, LSD or PCP in prison. In conference, I pointed out to Gramm's staff that 20 years would be twice the sentence for possessing a bomb or a machine gun in prison. The reply was "This has to be in the bill because this is Senator Gramm's contribution to the Anti-Drug Abuse Act." This absurdity is still the Federal law (P.L. 100-690, sec. 6468; 18 U.S.C. 1791(b)(1)).
  Pennsylvania has a similar absurdity. To bring any weapon or escape material into a prison, or to possess or receive such in a prison is a first degree misdemeanor with up to five years imprisonment and a $10,000 fine (18 Pa.C.S. 5122 (1990)). To bring drugs into prison is a second degree felony, up to 10-years imprisonment and a $25,000 fine (18 Pa. C.S. 5123 (1990)). In Maryland, delivery, receipt or possession of weapons or escape material in prison can lead to a 10-year sentence; delivery of, or possession with intent to deliver, drugs can lead to a 3-year sentence. (27 Md. Cr. Laws. Ann. sec. 122A (1995)). -- EES]

For a copy of the memorandum to the Attorney General, call the White House Fax Request Line at (202) 395-9088 (document #013698) or call the White House Publications Office at (202) 395-7332.