Prison Hurts Nonviolent Drug Offenders

Sarah Schiffgens

Green Group

4/2/17
 The United States Congress must no longer allow the incarceration of nonviolent drug

offenders because of the justice systems ineffectiveness in treating addicted drug users, the

extreme expenses of said incarceration, and the high probability of the offender to return to drug

abuse and other drug-driven crimes after imprisonment. The money spent to imprison nonviolent

drug offenders must instead be used to fund mandatory federal drug treatment and prevention

services. Providing treatment for nonviolent drug offenders will reduce illegal drug use and save

taxpayers dollars, making it an effective solution to the recent rise in nonviolent drug crimes.

Nonviolent drug offenders make up a fourth of federal prisoners with almost 100,000

offenders per year (Taxy). Nonviolent drug offenders are people charged with drug possession

and/or drug trafficking without having harmed or attacked a victim. Despite the large amount of

incarcerated drug offenders, only 11% of incarcerated drug addicts receive any addiction

treatment in prison (Zeeshan). A convicted drug addict explained, There was no needles in jail

whatsoever. We were using these needles that were like 10 years oldI never received any

treatment, on the inside or on the outside either, (Brent). Due to the lack of treatment, these

offenders resort to using dirty, contaminated needles and others suffer from sudden withdrawal

(Brent). This proves to be debilitating to the health of these offenders and affects them after they

leave prison. After their sentences, approximately 80% of nonviolent drug offenders return to

drug related crime and 95% continue to abuse drugs (Taxy). Allowing these offenders back into

society with no previous aide hurts both communities and offenders. Often, newly released

offenders are pushed back into a criminal lifestyle because of the lack of structures set in place to

allow them employment and a stable lifestyle (Irwin).

socioeconomic divides and deepening Americas drug abuse problem through ineffectively long

sentences. There is a largely disproportionate incarceration rate of ethnic minorities with

approximately 75% of nonviolent drug offenders being of non-Hispanic black, African

American, or Hispanic ethnic backgrounds (Taxy). Amongst this marginalized group of ethnic

minorities, crack cocaine use and dealing was most common resulting in, on average, a 25 year

sentence (Irwin). A drug offenders sentence, 12 years on average, is determined by Federal Law

pertaining to the drug one takes or deals; it is not determined by a judges opinion of a fair

sentence (Sterling). The average federal sentence for nonviolent drug crimes is longer than the

average sentences of sexual assault, robbery, and federal weapons offenses (Irwin). Cocaine

dealers receive a nonnegotiable five life sentences, and heroin dealers receive 37 years (Irwin).

These unnecessarily lengthy sentences take their toll on those convicted. Most of these criminals

are not violent upon entering jail and a third do not have any prior criminal history, however,

years in prison condition offenders to be more violent, resulting in an increase in those returning

to crime after their sentence (Irwin). Federal prosecutors choose to work on cases that deal with

nonviolent drug offenders because such offenders often cannot afford private attorneys and are

guaranteed heavy sentences (Irwin). Prosecutors are rewarded for winning many cases and it is

easy to convict low level offenders, so often times nonviolent drug offenders are more targeted

than higher level offenders for the benefit of the prosecutors. Prisons are being filled with

nonviolent drug offenders instead of high level offenders and American taxpayers are paying the

price.
 Sending nonviolent drug offenders to prison causes states to pay about 47 billion dollars

per year (Dual Diagnosis). Considering that drug users often return to society and continue to use

drugs, spending such a large amount of money on a temporary solution is a waste of taxpayers

dollars. Instead, this money should be used to fund long term solutions, like drug treatment and

prevention services. These services are cheaper than the current incarceration system and are

more effective in terms of keeping previously incarcerated drug offenders out of prison (Dual

Diagnosis). Kentucky has implemented a number of reforms to replace drug abusers sentences,

which is expected to save the state 40 million dollars (Dual Diagnosis). Rehabilitation treatment

will drastically lower the probability of an offender returning to crime after his or her sentence

thereby decreasing crime rates. State money that is saved by instituting treatment programs

rather than costly punitive ones can then be used to fund education, infrastructure, and disaster

preparedness to further benefit communities.

There are several programs that could be implemented to replace a convicted drug

addicts sentence. In Texas, reformative programs have been implemented like tailored treatment

towards convicted drug abusers, electronic monitoring of parolees, probation programs, and the

expansion of juvenile correction programs (Ward). As a result of these programs, the states

prison population has decreased with a drop of about 2,500 prisoners (Ward). In-prison

treatments are also an option with possible programs like drug abuse classes, support groups, and

cognitive behavioral therapy (Dual Diagnosis). Aftercare programs which are established to

prevent relapse are also recommended by Dual Diagnosis in order to provide support groups and

counselling sessions to make sure former addicts stay sober and away from crime.
 The current system presents no solution to the massive drug abuse issue and is not only

costing taxpayers, but is also allowing drug offenders to relapse, making it critical that these

rehabilitation services be available for convicted drug addicts. Providing drug treatment

programs will drastically decrease the amount of nonviolent drug offenders in federal prisons

and is a cheaper alternative to the long sentences currently in place for nonviolent drug

offenders. In order for this change to occur, Congress must make legislative changes to the laws

requiring strict sentences for drug offenders and fund rehabilitation programs instead to support

convicted drug addicts.

Aleem, Zeeshan. "This Is What It's Like to Be Addicted to Drugs in Prison."

Mic, 13 May 2016. Mic, mic.com/articles/134637/

this-is-what-it-s-like-to-be-addicted-to-drugs-in-prison#.i7Vj4Sk8R.

Accessed 2 Apr. 2017. This is a secondary source highlighting the extremes of nonviolent

drug offenders incarceration and provides strong and credible statistics. This also

includes some primary sources for reference.

Brent. Jail is the Worst Substitute for Drug Treatment. Open Society Foundations, 1 Nov.

2013. Accessed 12 Feb. 2017. Interview. This is a primary source. This is an interview

with a formerly incarcerated non-violent drug user and his experience in jail and in his

life after his sentence. He relapsed after leaving jail and received barely any treatment in

jail, having to resort to unsanitary measures.

Downing, Stephen. Nonviolent Drug Offenders Should Not Be Taking Up Prison Beds.

Huffington Post, 4 Jan. 2005. Huffington Post,

www.huffingtonpost.com/stephen-downing/nonviolent-drug-offenders_b_6104256.html.

Accessed 2 Apr. 2017. This is a secondary source that discusses the current issues with

incarcerating nonviolent drug addicts and why alternative treatments would be more

beneficial.
DRUGS AND CRIME IN AMERICA. National Association of Drug Court Professionals,

www.nadcp.org/learn/drug-courts-work/drugs-and-crime-america. Accessed 12 Feb.

2017. This is a credible, secondary source. This source includes statistics on what those

convicted of drug abuse do after their prison sentence and statistics on the population.

This supports more accountability on mandatory treatment and the little effect of

imprisonment on drug use.

Irwin, Amos. What Humans of New York Got Right About Federal Prison and What it Left

Out. Huffington Post, 19 Feb. 2017. Huffington Post,

www.huffingtonpost.com/amos-irwin/what-humans-of-new-york-g_b_9253134.html.

Accessed 2 Apr. 2017. This is a credible, secondary source. It is a Huffington Post article

about why there are so many nonviolent drug offenders convicted each year and the

extremely lengthy sentences given to the offenders. This will provide support as to why

the current system is not working.

Prison Time for Drug Users. Dual Diagnosis, DualDiagnosis.org, 2017,

www.dualdiagnosis.org/jail-time-drug-users/. Accessed 12 Feb. 2017. This is a credible,

secondary source outlining the lack of effectiveness in the current treatment of

nonviolent drug offenders and presents supporting statistics. It mentions the cost of

incarcerating these offenders while also proposing alternative solutions to the issue.

Schmitt, John, et al. The High Budgetary Cost of Incarceration. Center for Economic and

Policy Research, Microsoft Word ed., Washington D.C., Center for Economic and Policy

Research, 2010, pp. 2-19. This is a credible, secondary research source with purely

factual information concerning incarceration rates and costs. This source includes many
 useful statistics about what type of drugs those incarcerated are using, who is being

incarcerated, and the cost of incarcerating said offenders.

Sterling, Eric E. GETTING JUSTICE OFF ITS JUNK FOOD DIET. GETTING JUSTICE

OFF ITS JUNK FOOD DIET, Silver Spring, 1989, pp. 2-3. This is a secondary source

that provides information about the cocaine dealing sentences and general statistics about

sentencings. Supports that these sentences are ineffective.

Taxy, Sam, et al. Drug Offenders in Federal Prison: Estimates of Characteristics Based on

Linked Data. Bureau of Justice Statistics, U.S. Department of Justice, Oct. 2015,

www.bjs.gov/content/pub/pdf/dofp12.pdf. Accessed 12 Feb. 2017. This is a credible,

secondary source provided by the U.S. Department of Justice. I can find statistics

concerning what drugs those incarcerated were using, the race and age of those

incarcerated, and criminal history before and after the sentence.

Ward, Mike. Texas Prison Population Shrinks as Rehabilitation Programs Take Root.

Statesman, 11 Aug. 2012,

docs.google.com/document/d/1Qmd2uOEf3yIIsFa63YmXhskS09MtuDyC9H7K_9sr-ME

/edit. Accessed 2 Apr. 2017. This is a secondary source that provides information about

Texas effort to reform their current incarceration system to reduce crime and money

spent on incarcerating nonviolent drug offenders.

Aleem, Zeeshan. "This Is What It's Like to Be Addicted to Drugs in Prison."

Mic, 13 May 2016. Mic, mic.com/articles/134637/

this-is-what-it-s-like-to-be-addicted-to-drugs-in-prison#.i7Vj4Sk8R.

Accessed 2 Apr. 2017.

Brent. Jail is the Worst Substitute for Drug Treatment. Open Society Foundations, 1 Nov.

2013. Accessed 12 Feb. 2017. Interview.

Downing, Stephen. Nonviolent Drug Offenders Should Not Be Taking Up Prison Beds.

Huffington Post, 4 Jan. 2005. Huffington Post,

www.huffingtonpost.com/stephen-downing/nonviolent-drug-offenders_b_6104256.html.

Accessed 2 Apr. 2017.

DRUGS AND CRIME IN AMERICA. National Association of Drug Court Professionals,

www.nadcp.org/learn/drug-courts-work/drugs-and-crime-america. Accessed 12 Feb.

2017.

Irwin, Amos. What Humans of New York Got Right About Federal Prison and What it Left

Out. Huffington Post, 19 Feb. 2017. Huffington Post,

www.huffingtonpost.com/amos-irwin/what-humans-of-new-york-g_b_9253134.html.

Accessed 2 Apr. 2017.

Prison Time for Drug Users. Dual Diagnosis, DualDiagnosis.org, 2017,

www.dualdiagnosis.org/jail-time-drug-users/. Accessed 12 Feb. 2017.

Sterling, Eric E. GETTING JUSTICE OFF ITS JUNK FOOD DIET. GETTING JUSTICE

OFF ITS JUNK FOOD DIET, Silver Spring, 1989, pp. 2-3.
Taxy, Sam, et al. Drug Offenders in Federal Prison: Estimates of Characteristics Based on

Linked Data. Bureau of Justice Statistics, U.S. Department of Justice, Oct. 2015,

www.bjs.gov/content/pub/pdf/dofp12.pdf. Accessed 12 Feb. 2017.

Ward, Mike. Texas Prison Population Shrinks as Rehabilitation Programs Take Root.

Statesman, 11 Aug. 2012,

docs.google.com/document/d/1Qmd2uOEf3yIIsFa63YmXhskS09MtuDyC9H7K_9sr-ME

/edit. Accessed 2 Apr. 2017.