NCJ Number
193770
Date Published
July 2002
Length
4 pages
Annotation
This report briefly outlines and describes the Denial of Federal Benefits Program established under the Anti-Drug Abuse Act of 1988 denying Feral benefits to those convicted of drug trafficking or drug possession.
Abstract
Under Section 5301 of the Anti-Drug Abuse Act of 1988, the Denial of Federal Benefits Program was established providing Federal and State courts with the sentencing option to deny all or selected benefits available from the Federal Government to those individuals convicted of drug trafficking or drug possession. The program and its clearinghouse (maintaining a database of those individuals convicted and denied benefits) are administered by the Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice. The creation of the program assists in closing the gap between incarceration and probation offering another sanction to address individuals found guilty of violating the Controlled Substances Act. The Federal benefits denied include: grants, contracts, purchase orders, financial aid, and business and professional licenses. However, there are exclusions in the denial process that include: public housing, welfare, and drug treatment benefits. The courts’ also have the ability to reinstitute denied benefits for reasons such as successful completion of drug treatment. The process by which Federal benefits are denied is when a sentence is pronounced by a Federal or State judge resulting from a conviction for trafficking in or possession of drugs. The names of individuals denied benefits is published by GSA in the Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs or the Debarment List which can be accessed through the Program’s clearinghouse database. By the end of 2001, the program database had almost 7,000 cases. The program is seen as a useful alternative to more traditional and sometimes more expensive forms of punishment.