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Europe: Government Must Support Employers in Hiring Drug Users, British Drug Watchdog Group Warns

With drug strategies and welfare reform plans in the British Isles moving toward pushing drug users into treatment and from treatment into the workplace, the British government is going to have to do a lot more to help drug users find jobs, a leading British drug policy think tank said in a report released this week. The report, Working Toward Recovery: Getting Problem Drug Users Into Jobs was published by the UK Drug Policy Commission and contains more than three-dozen recommendations aimed at easing the transition.

The report noted that while holding a job is a key component of drug user rehabilitation and integration into society, about 80% of problem drug users were unemployed. (The report defined "problem drug user" as someone dependent on heroin or crack cocaine.) And while government strategies in England, Scotland, and Wales are to get users off drugs and into jobs, the strategies are undeveloped and, and employer practices sometimes counterproductive.

In particular, the report criticized the informal "two years drug free" rule used by many employers. With the two years of abstinence including abstinence from opiate substitute medications, such as methadone, the practice is unduly harsh and unnecessary, given that many people on the controlled drug regimen have already achieved the stability employers say they want.

Employers are unlikely to want to hire problem drug users, with only 26% saying they would be prepared to hire a former drug user. Employers cited several types of risk associated with drug users -- from continuing drug use, to the firm's reputation, and to the firm's customers and employees -- and about three-quarters of them they needed more government help in developing risk assessments, support for drug using employees, and information about indemnity insurance.

The Labor government's welfare reform proposals will tie money to pay for drug treatment to drug users agreeing to a rehabilitation plan, the study noted. But with employment a big part of rehabilitation, the government is going to have to provide incentives and programmatic support if it is going to force those drug users into the job market.

Feature: Looking Forward -- The Prospects for Drug Reform in Obama's Washington

The political landscape in Washington, DC, is undergoing a dramatic shift as the Democratic tide rolls in, and, after eight years of drug war status quo under the Republicans, drug reformers are now hoping the change in administrations will lead to positive changes in federal drug policies. As with every other aspect of federal policy, groups interested in criminal justice and drug policy reform are coming out of the woodwork with their own recommendations for Obama and the Democratic Congress. This week, we will look at some of those proposals and attempt to assess the prospects for real change.

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The White House
One of the most comprehensive criminal justice reform proposals, of which drug-related reform is only a small part, comes from a nonpartisan consortium of organizations and individuals coordinated by the Constitution Project, including groups such as the Sentencing Project, Families Against Mandatory Minimums (FAMM), and the Open Society Policy Center. The set of proposals, Smart on Crime: Recommendations for the Next Administration and Congress, includes the following recommendations:

  • Mandatory Minimum Reforms:
    Eliminate the crack cocaine sentencing disparity
    Improve and expand the federal "safety valve"
    Create a sunset provision on existing and new mandatory minimums
    Clarify that the 924(c) recidivism provisions apply only to true repeat offenders
  • Alternatives to Incarceration:
    Expand alternatives to incarceration in federal sentencing guidelines
    Enact a deferred adjudication statute
    Support alternatives to incarceration through expansion of federal drug and other problem solving courts.
  • Incentives and Sentencing Management
    Expand the Residential Drug Abuse Program (RDAP)
    Clarify good time credit
    Expand the amount of good time conduct credit prisoners may receive and ways they can receive it
    Enhance sentence reductions for extraordinary and compelling circumstances
    Expand elderly prisoners release program
    Revive executive clemency
  • Promoting Fairness and Addressing Disparity:
    Support racial impact statements as a means of reducing unwarranted sentencing disparities
    Support analysis of racial and ethnic disparity in the federal justice system
    Add a federal public defender as an ex officio member of the United States Sentencing Commission

The American Civil Liberties Union (ACLU) has also issued a set of recommendations, Actions for Restoring America: How to Begin Repairing the Damage to Freedom in America Under Bush, which include some drug reform provisions:

  • Crack/Powder Sentencing: The attorney general should revise the US Attorneys' Manual to require that crack offenses are charged as "cocaine" and not "cocaine base," effectively resulting in elimination of the disparity.
  • Medical Marijuana: Halt the use of Justice Department funds to arrest and prosecute medical marijuana users in states with current laws permitting access to physician-supervised medical marijuana. In particular, the US Attorney general should update the US Attorneys' Manual to de-prioritize the arrest and prosecution of medical marijuana users in medical marijuana states. There is currently no regulation in place to be amended or repealed; there is, of course, a federal statutory scheme that prohibits marijuana use unless pursuant to approved research. But US Attorneys have broad charging discretion in determining what types of cases to prosecute, and with drugs, what threshold amounts that will trigger prosecution. The US Attorneys' Manual contains guidelines promulgated by the Attorney general and followed by US Attorneys and their assistants.
  • The DEA Administrator should grant Lyle Craker's application for a Schedule I license to produce research-grade medical marijuana for use in DEA- and FDA-approved studies. This would only require DEA to approve the current recommendation of its own Administrative Law Judge.
  • All relevant agencies should stop denying the existence of medical uses of marijuana -- as nearly one-third of states have done by enacting laws -- and therefore, under existing legal criteria, reclassify marijuana from Schedule I to Schedule V.
  • Issue an executive order stating that, "No veteran shall be denied care solely on the basis of using marijuana for medical purposes in compliance with state law." Although there are many known instances of veterans being denied care as a result of medical marijuana use, we have not been able to identify a specific regulation that mandates or authorizes this policy.
  • Federal Racial Profiling: Issue an executive order prohibiting racial profiling by federal officers and banning law enforcement practices that disproportionately target people for investigation and enforcement based on race, ethnicity, national origin, sex or religion. Include in the order a mandate that federal agencies collect data on hit rates for stops and searches, and that such data be disaggregated by group. DOJ should issue guidelines regarding the use of race by federal law enforcement agencies. The new guidelines should clarify that federal law enforcement officials may not use race, ethnicity, religion, national origin, or sex to any degree, except that officers may rely on these factors in a specific suspect description as they would any noticeable characteristic of a subject.

Looking to the south, the Latin America Working Group, a coalition of nonprofit groups, has issued a petition urging Obama "to build a just policy towards Latin America and the Caribbean that unites us with our neighbors." Included in its proposals are:

  • Actively work for peace in Colombia. In a war that threatens to go on indefinitely, the immense suffering of the civilian population demands that the United States takes risks to achieve peace. If the United States is to actively support peace, it must stop endlessly bankrolling war and help bring an end to the hemisphere's worst humanitarian crisis.
  • Get serious -- and smart -- about drug policy. Our current drug policy isn't only expensive and ineffective, it's also inhumane. Instead of continuing a failed approach that brings soldiers into Latin America's streets and fields, we must invest in alternative development projects in the Andes and drug treatment and prevention here at home.

The National Organization for the Reform of Marijuana Laws (NORML) has some suggestions as well. As NORML's Paul Armentano wrote last week on Alternet:

  • President Obama must uphold his campaign promise to cease the federal arrest and prosecution of (state) law-abiding medical cannabis patients and dispensaries by appointing leaders at the US Drug Enforcement Administration, the US Department of Justice, and the US Attorney General's office who will respect the will of the voters in the thirteen states that have legalized the physician-supervised use of medicinal marijuana.
  • President Obama should use the power of the bully pulpit to reframe the drug policy debate from one of criminal policy to one of public health. Obama can stimulate this change by appointing directors to the Office of National Drug Control Policy who possess professional backgrounds in public health, addiction, and treatment rather than in law enforcement.
  • President Obama should follow up on statements he made earlier in his career in favor of marijuana decriminalization by establishing a bi-partisan presidential commission to review the budgetary, social, and health costs associated with federal marijuana prohibition, and to make progressive recommendations for future policy changes.

Clearly, the drug reform community and its allies see the change of administrations as an opportunity to advance the cause. The question is how receptive will the Obama administration and the Democratic Congress be to drug reform efforts.

"We've examined Obama's record and his statements, and 90% of it is good," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "But we don't know what he intends to do in office. There is an enormous amount of good he can do," Borden said, mentioning opening up funding for needle exchange programs, US Attorney appointments, and stopping DEA raids on medical marijuana providers. "Will Obama make some attempt to actualize the progressive drug reform positions he has taken? He has a lot on his plate, and drug policy reform has tended to be the first thing dropped by left-leaning politicians."

There will be some early indicators of administration interest in drug reform, said Bill Piper, national affairs director for the Drug Policy Alliance. "We will be watching to see if he issues an executive order stopping the DEA raids; that would be a huge sign," he said. "He could also repeal the needle exchange funding ban. The congressional ban would still be in place, but that would show some great leadership. If they started taking on drug policy issues in the first 100 days, that would be a great sign, but I don't think people should expect that. There are many other issues, and it's going to take awhile just to clean up Bush's mess. I'm optimistic, but I don't expect big changes to come quickly."

"We are hoping to see a new direction," said Nkechi Taifa, senior policy analyst for civil and criminal justice reform for the Open Society Policy Center. "We couldn't have a better scenario with the incoming vice president having sponsored the one-to-one crack/powder bill in the Senate and the incoming president being a sponsor. And we have a situation in Congress, and particularly in the Senate, where there is bipartisan interest in sentencing reform. Both sides of the aisle want some sort of movement on this, it's been studied and vetted, and now Congress needs to do the right thing. It's time to get smart on crime, and this is not a radical agenda. As far as I'm concerned, fixing the crack/powder disparity is the compromise, and elimination of mandatory minimums is what really needs to be on the agenda."

"With the Smart on Crime proposals, we tried to focus on what was feasible," said the Sentencing Project's Kara Gotsch. "These are items where we think we are likely to get support, where the community has demonstrated support, or where there has been legislation proposed to deal with these issues. It prioritizes the issues we think are most likely to move, and crack sentencing reform is on that list."

The marijuana reform groups are more narrowly focused, of course, but they, too are looking for positive change. "Obama has made it very clear on the campaign trail that he disagrees with the use of federal agencies to undo medical marijuana laws in states that have passed them," said Dan Bernath, a spokesman for the Marijuana Policy Project. "He has vowed to stop that. Obama seems to be someone who values facts and reasoned decision-making. If he applies that to marijuana policy, that could be a good thing".

While the list of possible drug reforms is long and varied, it is also notable for what has not been included. Only NORML even mentions marijuana decriminalization, and no one is talking about ending the drug war -- only making it a bit kinder and gentler. The L-word remains unutterable.

"While we're optimistic about reducing the harms of prohibition, legalization is not something that I think they will take on," said Piper. "But any movement toward drug reform is good. If we can begin to shift to a more health-oriented approach, that will change how Americans think about this issue and create a space where regulation can be discussed in a a rational manner. Now, because of our moralist criminal justice framework, it is difficult to have a sane discussion about legalization."

"We didn't talk that much about legalization," said Gotsch in reference to the Smart on Crime proposals. "A lot of organizations involved have more ambitious goals, but that wouldn't get the kind of reaction we want. There just isn't the political support yet for legalization, even of marijuana."

"We should be talking about legalization, yes," said StoptheDrugWar.org's Borden, "but should we be talking about it in communications to the new president who has shown no sign of supporting it? Not necessarily. We must push the envelope, but if we push it too far in lobbying communications to national leadership, we risk losing their attention."

"I do think it would be a mistake to blend that kind of caution into ideological caution over what we are willing to talk about at all," Borden continued. "I think we should be talking about legalization, it's just a question of when and where," he argued.

Talking legalization is premature, said Eric Sterling, formerly counsel to the US House Judiciary Committee and now president of the Criminal Justice Policy Foundation. "What we are not yet doing as a movement is building upon our successes," he said. "We just saw medical marijuana win overwhelmingly in Michigan and decriminalization in Massachusetts, but the nation's commentariat has not picked up on it, and our movement has not been sufficiently aggressive in getting those votes translated into the political discourse. We haven't broken out of the making fun phase of marijuana policy yet."

Sterling pointed in particular to the medical marijuana issue. "Everyone recognizes that the state-federal conflict on medical marijuana is a major impediment, and we have 26 senators representing medical marijuana states, but not a single senator has introduced a medical marijuana bill," he said. "It's an obvious area for legislative activity in the Senate, but it hasn't happened. This suggests that we as a movement still lack the political muscle even on something as uncontroversial as the medical use of marijuana."

Even the apparent obvious targets for reform, such as the crack/powder sentencing disparity, are going to require a lot of work, said Sterling. "It will continue to be a struggle," he said. "The best crack bill was Biden's, cosponsored by Obama and Clinton, but I'm not sure who is going to pick that up this year. The sentencing reform community continues to struggle to frame the issue as effective law enforcement, and I think it's only on those terms that we can win."

Reformers also face the reality that the politics of crime continues to be a sensitive issue for the majority Democrats, Sterling said. "Crime is an issue members are frightened about, and it's an area where Republicans traditionally feel they have the upper ground. The Democrats are going to be reluctant to open themselves up to attack in areas where there is not a strong political upside. On many issues, Congress acts when there is a clear universe of allies who will benefit and who are pushing for action. I don't know if we are there yet."

Change is the mantra of the Obama administration, and change is what the drug reform community is hoping for. Now, the community must act to ensure that change happens, and that the right changes happen.

Feature: Drug Policy and the Reform Vote in the Presidential Race

With the presidential election now less than a month away, Democratic candidate Barack Obama appears poised for victory, according to the most recent polls, though the race is far from over. From the beginning of the campaign, drug reform and drug policy have barely registered in the discourse, a state of affairs that has grown even more pronounced as the country slips into economic crisis and the news media focuses obsessively on the two major party candidates, their campaigns, and their responses to the crisis.

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The White House
Despite the silence at the presidential level, there is an emerging consensus in the country that the war on drugs is a failure -- 76% of respondents in a Zogby poll last week said so -- and there are several presidential candidates whose drug policy platforms actually appeal to drug reformers. With one major party candidate or another establishing clear leads in most states, the presidential election will be decided in a handful of battleground states, and that means drug reformers in the remaining states have the option of voting for candidates whose views resemble their own without jeopardizing the chances of their favored major party candidate.

When it comes to the basic underpinnings of US drug policy, Sens. McCain and Obama are similar, and non-reformist. When it comes to some important details, however, differences do appear. The similarities are well demonstrated by the candidates' responses to a questionnaire from the International Association of Police Chiefs about their views on drug policy, among other issues. The question and their responses are worth reading in their entirety:

"Narcotics abuse and trafficking continues to be a problem that state, local, and tribal law enforcement officers face every day. How would you ensure that enforcement, prevention, and treatment programs receive equal resources and assistance to combat this growing problem?" asked the police chiefs.

Here is McCain's response:

"Illegal narcotics are a scourge that I have fought against for my entire legislative career, and I believe this fight must begin with prevention and enforcement. That is why I introduced the Anti Drug Abuse Act of 1988 during my first term in the Senate and supported the Drug Free Borders Act of 1999, which authorized over $1 billion in funds to bolster our ability to prevent drugs from flowing through our borders and ports by improving technology and expanding our interdiction forces. As president, I would continue these efforts to ensure that our nation's children are protected from the influence of illegal drugs and that the drug peddlers are brought to justice for their crimes.

We must also realize that treatment is an important element of the mission to eradicate drug abuse. I supported the Second Chance Act, which authorized up to $360 million for violator reentry programs in 2009 and 2010. Last year, approximately 750,000 inmates were released from custody and returned to our communities, and typically one half will return to incarceration. The Second Chance Act funds programs that prepare prisoners for the transition from prison to society by providing job training, mentors, counseling, and more. Some programs report reducing recidivism rates by 50 percent. These programs could save American taxpayers hundreds of millions of dollars. On average, the annual cost of incarcerating a prisoner exceeds $20,000 -- a number that increased sixfold between 1982 and 2002. As president, I believe we should support having parents with children in the home rather than in prison, former prisoners working and paying taxes, and citizens contributing to rather than taking from the community."

Here is Obama's response:

"Drug trafficking has long been a scourge on our society, and we need a national drug policy that focuses on tackling new threats with tough enforcement measures while also providing for robust prevention and treatment programs. All three of these components -- enforcement, prevention, and treatment -- are critical to a complete national drug control strategy, and each will be a key part of my agenda in an Obama-Biden administration. Funding the Byrne Justice Assistance Grant (Byrne-JAG) Program is essential to avoid law enforcement layoffs and cuts to hundreds of antidrug and antigang efforts across the country. The administration has consistently proposed to cut or eliminate funding for the Byrne-JAG Program, which funds antidrug and antigang task forces across the country. Byrne-JAG also funds prevention and drug treatment programs that are critical to reducing US demand for drugs. Since 2000, this program has been cut more than 83 percent. These cuts threaten hundreds of multijurisdictional drug and gang task forces -- many that took years to create and develop. In my home state of Illinois, the Byrne grants have been used effectively to fund anti-meth task forces, and I have consistently fought for increased funding for this program. As president, I will restore funding to this critical program.

Finally, it's important that we address the crime and security problems in Latin America that have clear spillover effects in the United States in terms of gang activity and drug trafficking, which is why I introduced a comprehensive plan to promote regional security in the Americas in June. I will direct my attorney general and homeland security secretary to meet with their Latin American and Caribbean counterparts in the first year of my presidency to produce a regional strategy to combat drug trafficking, domestic and transnational gang activity, and organized crime. A hemispheric pact on security, crime, and drugs will permit the United States, Latin America, and the Caribbean to advance serious and measurable drug demand reduction goals, while fostering cooperation on intelligence and investigating criminal activity. The United States will also work to strengthen civilian law enforcement and judicial institutions in the region by promoting anticorruption safeguards and police reform.

I will also support the efforts of our border states to foster cooperation and constructive engagement with the region. Arizona, for instance, has entered into agreements with its neighboring Mexican state, Sonora, to cooperate on fighting border violence and drug trafficking. These agreements have led to the training of Sonora detectives to investigate wire transfers used to pay smugglers in their state; improved radio communication; and better tracking of fugitive and stolen vehicles. The Arizona-Sonora partnership -- based on information sharing, technical assistance, and training -- provides an excellent model for regional cooperation on security issues. An Obama-Biden administration will support these initiatives and will work to integrate these efforts into the region's coordinated security pact."

While the Obama and McCain campaigns differ slightly in their emphases on different drug policy-related issues, there is more similarity than difference between them. Both refer to drugs as a "scourge," both brag about their anti-drug achievements, both support US drug war objectives across the border and overseas.

But even though there is much to unite Obama and McCain on overall agreement with drug prohibition, there are differences, too, some of them significant. While neither Obama nor McCain support marijuana decriminalization, Obama once did, until he reversed position during this year's election campaign. Whether Obama's flip-flop on decrim says more about his good initial instincts or his political opportunism is open to interpretation.

Similarly, as the Sentencing Project showed in a March report on the candidates' positions on drug and criminal justice policy, while McCain has supported mandatory minimum sentences for "drug dealers," Obama in 2003 told an NAACP debate he would "vote to abolish" mandatory minimums. By this year, Obama had slightly softened his stand on mandatory minimums, saying on his web site, "I will immediately review these sentences to see where we can be smarter on crime and reduce the ineffective warehousing of nonviolent drug offenders."

Although Obama has tacked to the center (read: right) during the campaign season, other of his drug policy positions remain superior to McCain's. Obama supported lifting the ban on federal funding of needle exchanges; McCain did not address it. Obama explicitly supports drug courts; McCain does not, although he has stated he thinks too many drug users -- not drug dealers -- are in prison. Obama supported reducing the disparity between powder and crack cocaine offenders, even sponsoring a bill that would equalize sentences; McCain has not addressed the subject. Obama has said he would stop the raids on medical marijuana patients in California; McCain would not. Obama sees drug policy in the broader context of social justice; McCain has not opined on that idea.

Still, contrast Obama and McCain's drug policy positions with those of the Greens, the Libertarians, and the Ralph Nader campaign, and real differences emerge -- mainly between the bipartisan drug policy consensus and the three alternative campaigns.

For former US Rep. Cynthia McKinney (D-GA), now running as the Green Party presidential candidate, the Green Party platform lays out a clear drug reform agenda:

Law enforcement is placing too much emphasis on drug-related and petty street crimes, and not enough on prosecution of corporate, white collar, and environmental crimes. Defrauding someone of their life savings is the same as robbery.

Any attempt to combat crime must begin with restoration of community. We encourage positive approaches that build hope, responsibility and a sense of belonging. Prisons should be the sentence of last resort, reserved for violent criminals. Those convicted of nonviolent offenses should be handled by other programs including halfway houses, electronic monitoring, work-furlough, community service and restitution programs. Substance abuse should be addressed as a medical problem requiring treatment, not imprisonment, and a failed drug test should not result in revocation of parole. Incarcerated prisoners of the drug war should be released to the above programs.

Repeal state "Three Strikes" laws. Restore judicial discretion in sentencing, as opposed to mandatory sentencing. Stop forfeiture of the property of unconvicted suspects. It is state piracy and denial of due process.

Implement a moratorium on prison construction. The funds saved should be used for alternatives to incarceration.

We call for decriminalization of victimless crimes. For example, the possession of small amounts of marijuana.

We call for legalization of industrial hemp and all its many uses.

We call for an end to the "war on drugs." We support expanded drug counseling and treatment.

Likewise, former US Rep. Bob Barr (R-GA), running as the Libertarian Party candidate, also has a strong drug reform platform:

Individuals should be free to make choices for themselves and to accept responsibility for the consequences of the choices they make. No individual, group, or government may initiate force against any other individual, group, or government. Our support of an individual's right to make choices in life does not mean that we necessarily approve or disapprove of those choices.

We support the protections provided by the Fourth Amendment to be secure in our persons, homes, and property. Only actions that infringe on the rights of others can properly be termed crimes. We favor the repeal of all laws creating "crimes" without victims, such as the use of drugs for medicinal or recreational purposes.

Government exists to protect the rights of every individual including life, liberty and property. Criminal laws should be limited to violation of the rights of others through force or fraud, or deliberate actions that place others involuntarily at significant risk of harm. Individuals retain the right to voluntarily assume risk of harm to themselves.... We oppose reduction of constitutional safeguards of the rights of the criminally accused.

American foreign policy should seek an America at peace with the world and its defense against attack from abroad. We would end the current US government policy of foreign intervention, including military and economic aid. We recognize the right of all people to resist tyranny and defend themselves and their rights. We condemn the use of force, and especially the use of terrorism, against the innocent, regardless of whether such acts are committed by governments or by political or revolutionary groups. [Ed: Presumably portions of this plank can be taken to have bearing on the US-imposed international drug war.]

Like the Greens and the Libertarians, the Ralph Nader campaign has a solid drug reform platform, as suggested by its title, "The Failed War on Drugs:"

The Nader campaign supports ending the war on drugs and replacing it with a health-based treatment and prevention-focused approach. Enforcement of drug laws is racially unfair, and dissolution of the drug war would begin to make the types of changes needed in our criminal justice system.

According to the federal Household Survey of drug use, "most current illicit drug users are white. There were an estimated 9.9 million whites (72 percent of all users), 2.0 million blacks (15 percent), and 1.4 million Hispanics (10 percent) who were current illicit drug users in 1998." And yet, blacks constitute 36.8% of those arrested for drug violations, over 42% of those in federal prisons for drug violations. African-Americans comprise almost 58% of those in state prisons for drug felonies; Hispanics account for 20.7%.

The drug war has failed -- we spend nearly $50 billion annually on the drug war and yet problems related to drug abuse continue to worsen. We need to acknowledge that drug abuse is a health problem with social and economic consequences. Therefore, the solutions are -- public health, social services, economic development and tender supportive time with addicts in our depersonalized society. Law enforcement should be at the edges of drug control, not at the center. It is time to bring some currently illegal drugs within the law by regulating, taxing and controlling them. Ending the drug war will dramatically reduce street crime, violence and homicides related to underground drug dealing.

But also like the Greens and the Libertarians, Nader has virtually no chance of winning any state. Most recent presidential campaign polls don't even bother to include anyone besides Obama and McCain, and the most recent poll that included the three minor party candidates, late July Angus-Reid poll, found McKinney, Barr, and Nader combined for only 10% of the vote. Nader polled 6%, Barr 3%, and McKinney 1%.

Still, drug reformers must once again face that perennial question: Should I vote for the major party candidate who is less bad on drug policy, or should I vote for a candidate that reflects my views on this issue? Not surprisingly, there is a variety of views.

Veteran drug reformer Kevin Zeese acted as a Nader spokesman during the 2004 campaign and ran for the US Senate in Maryland as the nominee of both the Green and the Libertarian parties. He still believes third party politics is the answer, he told the Chronicle.

"Until reformers have the courage to vote for what we want why will anyone else? Neither duopoly party will end the drug war -- they are not even discussing it," he said. "The better duopolist picked a leading drug war hawk as his vice president. No doubt many will hope that Biden will pull a Nixon goes to China and reverse himself -- but that is really blind hope."

Drug reformers, especially those in non-battleground states, should send the major parties a message, said Zeese. "Voting for Obama is a true wasted vote in a non-battleground state," he said. "We know how the Electoral College will vote in 40 states. If you disagree with Obama or McCain -- why vote for them in those states? It is important for these parties to see that people are not satisfied with them. If you vote for Obama or McCain when you disagree with them then you are sending a signal of agreement. Why should he change? If you vote against them, they know they have to change in order to earn your vote."

Veteran drug reformer Cliff Thornton, who ran for the governorship of Connecticut on a drug reform platform as a Green Party candidate in 2006, agrees with Zeese. "McCain will just be more of the same, and I don't really know what Obama will do," he said. "Let's just note that Joe Biden was one of the architects of mandatory minimums. If Obama wins, I'm afraid we will have to wait for the next election to see any progress. We need to be supporting alternatives, and a vote for a Green is vote for a Green," he said.

But for Bill Piper, national affairs director for the Drug Policy Alliance Network, the lobbying arm of the Drug Policy Alliance, the differences between Obama and McCain on drug policy, while marginal, are significant. "In terms of reducing the harms associated with both drugs and drug prohibition, the difference between Obama and McCain is big," Piper argued. "Obama supports repealing the federal syringe ban, eliminating the crack/powder cocaine sentencing disparity, reforming mandatory minimums, and shifting resources from incarceration to treatment. McCain hasn't said anything major one way or the other about syringe exchange programs or the crack/powder disparity from what I can tell, but has publicly made fun of medical marijuana patients and introduced legislation to essentially ban methadone."

While conceding that it is difficult to predict how either Obama or McCain would govern, Piper argued that an Obama presidency is much more likely to see drug reform. "In terms of seeing a wide range of reforms at the federal level over the next eight years, it seems far more likely to happen under Obama than McCain," he said.

Not likely, retorted Zeese. "Biden will be whispering drug war nonsense in his ears, and his past use of marijuana and cocaine will be reasons that stop him from doing anything sensible," he predicted. "The best we can hope for from Obama is benign neglect. There will be many other domestic and international crises for them to deal with so drug policy will not be high on their agenda -- that is good news -- because Biden is the source of most of what is wrong with modern drug policy. Hopefully, he is kept busy doing something else."

And, said Piper, Obama is not talking about ending drug prohibition, dismantling the prison-industrial complex, and putting violent drug trafficking organizations out of business. "Only Barr, Nader, and McKinney are talking about major reform. They're speaking for the 76% of Americans who say the war on drugs has failed. But they've been excluded from the debates and are largely being ignored by the media. I know a lot of drug policy reformers who are voting for one of them. I know a lot, probably more, who are voting for Obama, and some who are voting for McCain."

Who drug reformers should vote for remains a tricky, personal question, said Piper. "There are a lot of variables to consider, including weighing the possibility of important, short-term incremental gains against the need for long-term systematic change; pondering the question of whether or not change on the margin facilitates or obstructs major change; deciding if the drug war should be the only issue you vote on or just one of many; thinking about the political and cultural changes that have to occur to bring down prohibition and how this election fits into that; considering what state you live in; and wrestling with your conscience," he said, ticking off the issues confronting drug reform voters. "I don't think there is one right answer."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Reception to Celebrate the President’s Signature of the Second Chance Act of 2007

Join Congressional Members, staff, and more than 200 organizations composed of a broad spectrum of leaders representing state and local government, law enforcement, corrections, and courts to celebrate this momentous occasion. Featuring Special Guests: - Representative Danny K. Davis - Representative Chris Cannon - Senator Joe Biden - Senator Sam Brownback Sponsored by: Alpha USA; Catholic Charities USA; Correctional Education Association; Council of State Governments Justice Center; Criminon International; Family Justice; Federal Prison Policy Project; Fight Crime: Invest in Kids; Goodwill Industries International, Inc.; International Community Corrections Association; International CURE; Legal Action Center; National Alliance to End Homelessness; National Association of Counties; National Association of State Alcohol and Drug Abuse Directors; National Council for Community Behavioral Healthcare; National Criminal Justice Association; National HIRE Network; National Sheriffs Association; Open Society Policy Center; Prison Fellowship; Rebecca Project for Human Rights; Safer Foundation; The Sentencing Project; Therapeutic Communities of America; United Methodist Church, General Board of Church and Society Please RSVP by April 8, 2008, to rsvp@csg.org. Please join us for a widely attended reception to celebrate the passage and bill signing of the Second Chance Act of 2007. On Wednesday, April 9, 2008, President Bush will sign this first-of-its-kind legislation into law, marking an important step in shaping public policy toward improving recidivism rates. The Second Chance Act will help connect people released from prison and jail to vital mental health and substance abuse treatment and address issues that are related to reducing their recidivism. This law will also expand job training and placement services, mentoring, and facilitate transitional housing and case management services. Please email Jessica Nickel at jnickel@csg.org if you have any questions.
Date: 
Wed, 04/09/2008 - 6:00pm - 8:00pm
Location: 
Washington, DC
United States

Prisoner Re-Entry: Congress Passes Second Chance Act, Bill Goes to President Bush

Three years after it was first introduced, the Senate Tuesday evening passed the Second Chance Act, a measure aimed at reducing prison populations and corrections costs by reducing the recidivism rate among people released from prison. The bill would provide federal funding to develop programs dealing with job training, substance abuse, family stability, and for employers who hire former prisoners.

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overcrowded prison dorm, California
Nearly 700,000 people a year are released from state and federal prisons, according to Justice Department statistics. If drug offenders, who make up about one-quarter of the prison population, are released in roughly the same proportion, that means about 175,000 drug offenders will benefit from the program each year.

Currently, an estimated two-thirds of released prisoners will find themselves in trouble with the law at some point in the future. The bill is designed to reduce that percentage.

Although the bill had passed the House in November, it had been stalled ever since by a legislative "hold" put on it by Sen. Jeff Sessions (R-AL), who had expressed a number of concerns about it, including some on the cost and effectiveness of the program. He lifted his "hold" Monday night. On Tuesday, it passed both the Senate Judiciary Committee and a Senate floor vote by unanimous consent.

President Bush is expected to sign the bill shortly.

The bill will provide about $360 million for re-entry services in fiscal years 2009 and 2010. In addition to services already mentioned, the bill provides for assistance to newly released prisoners in obtaining proper identification and mandates that the federal Bureau of Prisons provide prisoners with adequate supplies of their medications upon their release.

Passage of the bill should stimulate a broader discussion of sentencing and alternatives to incarceration, said Rep. Danny Davis (D-IL), one of the bill's main architects. "We add this up and the impact will be far greater than just the amount of money that gets appropriated. We know it's not a panacea," he said. "It's not close to any kind of panacea but our hope is this becomes a sort of trigger for a great deal of additional action."

There was bipartisan support for the bill, with conservative Republicans like Kansas Sen. Sam Brownback joining with Democrats to win passage. "I am very pleased that my Senate colleagues were able to pass legislation that will help combat the high rates of prisoner recidivism in America," said Brownback, who co-sponsored the bill in the Senate. "Everybody -- the ex-offender, the ex-offender's family, and society at large -- benefits from programs that equip prisoners with the proper tools to successfully reintegrate into life outside of the prison walls. I am hopeful that with this legislation we will begin to see tangible results as governments and nonprofit organizations work together to help ex-offenders."

"It is vitally important that we do everything we can to ensure that, when people get out of prison, they enter our communities as productive members of society, so we can start to reverse the dangerous cycles of recidivism and violence," said Sen. Patrick Leahy (D-VT), another co-sponsor. "I hope that the Second Chance Act will help us begin to break that cycle."

"The Second Chance Act will provide an opportunity for realistic rehabilitation for the more than 650,000 inmates who return to their communities each year," said Sen. Arlen Specter (R-PA), another co-sponsor. "The bill's focus on education, job training, and substance abuse treatment is essential to decreasing the nationwide recidivism rate of 66%."

Now, if Congress would only do something about keeping drug offenders out of prison in the first place.

Senate Passes Second Chance Act, Awaits President's Signature

[Courtesy of The Sentencing Project]

Dear Friends,
     

     The Senate passed the Second Chance Act of 2007 late Tuesday, which will ease the re-entry process for individuals leaving prison by providing funding for prisoner mentoring programs, job training and rehabilitative treatment. The legislation, introduced in the Senate by Sens. Joseph Biden (D-DE), Patrick Leahy (D-VT), Arlen Specter (R-PA) and Sam Brownback (R-KS), now awaits approval by President Bush - who in his 2004 State of the Union address advocated for a $300 million Prisoner Re-entry Initiative.  

     The legislation was passed by a voice vote after the Senate adopted a concurrent resolution, H Con Res 270, which included minor changes to the measure. The U.S. House of Representatives voted 347 to 62 to pass the Second Chance Act of 2007 in November.

     The Second Chance Act will help provide necessary services to the nearly 700,000 people leaving prison each year by increasing funding designed to protect public safety and reduce recidivism rates. The bill's provisions authorize $362 million to expand assistance for people currently incarcerated, those returning to their communities after incarceration, and children with parents in prison. The services to be funded under the bill include:

  • mentoring programs for adults and juveniles leaving prison;
  • drug treatment during and after incarceration, including family-based treatment for incarcerated parents;
  • education and job training in prison;
  • alternatives to incarceration for parents convicted of non-violent drug offenses;
  • supportive programming for children of incarcerated parents; and early release for certain elderly prisoners convicted of non-violent offenses.

     The reform bill was widely supported by civil rights, criminal justice, law enforcement and religious organizations and had broad bipartisan support in both the Senate and House of Representatives.

Location: 
Washington, DC
United States

Texas Cop Says "Put Addicts in Jail Where They Belong"

Usually, drug warriors at least pay lip service to the idea that we're supposed to be helping people recover from addiction. Drug war supporters frequently feign compassion by touting their support for drug treatment, all the while defending policies that trash the lives of users and make recovery that much harder.

But today, I found a drug warrior that's willing to say what the rest are probably thinking. His name is Wayne C. Williams and he's been putting drug users in jail for 32 years. Williams was so disturbed by an op-ed from former cop/drug policy reformer Howard Wooldridge that he wrote a crazy letter to the Amarillo Globe News complaining that drug addicts don't get punished enough:
Too many people use rehabilitation as a way to stay out of jail or prison.

A person hooked on drugs won't get clean for his family, but only when he hits rock bottom and wants help for himself.

Put addicts in jail where they belong and ease up on the probation, which usually is a joke in itself. [Amarillo.com]
Rarely does one find the sheer cruelty of the drug war expressed with such unabashed self-righteousness. This man is literally insisting that we must smash victims of drug addiction in order to demonstrate the harms of drug use. It just tells you everything you need to know about the drug war and the people who carry it out on a daily basis.

In the war on drugs, one can be diagnosed with the disease of drug addiction merely by being found in possession of drugs. At that point, one is then broken down and stripped of their family and property. They are removed from their job and their home, banished into a dark brutal hole amongst violent thugs and sociopaths, and once every last thing they have has been taken away, they are asked to start acting normal.

It's really a perfect mess as far as public policies go, which is why it's so damned hard to find a defender of the drug war who isn't paid to participate in it.
Location: 
United States

Reception and Screening of "Hard Road Home"

The Prison Art Gallery invites you to a reception and screening of "Hard Road Home," a new documentary about the Exodus Transitional Community prisoner reentry program. Our own music ambassador Dennis Sobin will be performing classical and jazz guitar. Sponsored by Public/Private Ventures, the event is free. Space is limited and reservations are necessary. For more information, contact Screenings@ppv.org.
Date: 
Thu, 06/14/2007 - 5:30pm
Location: 
First Street and Constitution Avenue, NE
Washington, DC
United States

Charlie Rangel on Reentry, Crack Cocaine Sentencing and the Vote

Rep. Charles Rangel (D-NY), a one-time drug warrior, made brief remarks on the floor of the US House of Representatives relating to criminal justice, including his support for the Second Chance Act (measures to help people coming out of prison to reenter society successfully) and for restoring the vote to people with past felony convictions, and his sponsorship of H.R. 460 to eliminate the harsher treatment that people convicted for crack cocaine offenses currently receive under the law relative to other cocaine offenses (along with other remarks that don't directly relate to drug policy). (Click here to write your US Representative in support of H.R. 460.) Nothing too huge here, but of interest, and good to see that the chairman of the powerful Appropriations Committee is focused on things like this.
Location: 
United States

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