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September 11, 2017

Notable accounting and review of federal collateral consequences facing nonviolent drug offenders

RId15_image2Last week the Government Accountability Office released this interesting new report titled "Nonviolent Drug Convictions: Stakeholders' Views on Potential Actions to Address Collateral Consequences." The 47-page report is worth a full read, and this highlights page provides these highlights (and the graphic reprinted here):

Collateral consequences are the penalties and disadvantages that can be imposed upon an individual with a criminal conviction, in addition to those directly associated with a sentence (such as a fine, prison, or community service). GAO’s review of the American Bar Association’s (ABA) National Inventory of the Collateral Consequences of Conviction (NICCC) found that, in federal laws and regulations, there are 641 collateral consequences that can be triggered by nonviolent drug convictions (NVDC).  For example, individuals with NVDC may be ineligible for certain professional licenses and federal housing assistance.  The NICCC data that GAO reviewed indicate that these 641 collateral consequences can limit many aspects of an individual’s life, such as employment, business licenses, education, and government benefits.  In addition, GAO also found that the NICCC identified that 497 (78 percent) of the 641 collateral consequences can potentially last a lifetime.

Of the 641 federal collateral consequences for NVDC, GAO found that the NICCC identified 131 (20 percent) as having a relief mechanism in a related law or regulation that prescribed how an individual could potentially obtain relief from the consequence.  For example, individuals may be relieved if they successfully complete a drug rehabilitation program or receive a pardon.

Thirteen of the 14 stakeholders GAO interviewed said the federal government should consider taking action to reduce the severity of (i.e., mitigate) federal collateral consequences for NVDC, such as conducting a comprehensive review of these collateral consequences and implementing a new relief mechanism.  Additional mitigation could, according to some stakeholders, help individuals with NVDC obtain employment, housing, or education; and almost all the stakeholders said mitigation could potentially reduce the likelihood of reoffending.  At the same time, federal collateral consequences can serve public safety functions and protect government interests.  Some stakeholders cautioned that federal action should strike the appropriate balance between preserving collateral consequences that provide a public safety benefit, and addressing consequences that can cause unnecessary burdens and potentially increase the likelihood that individuals with NVDC reoffend.

September 11, 2017 at 10:55 AM | Permalink

Comments

What official consequences are _not_ relieved by a pardon?

Posted by: Soronel Haetir | Sep 11, 2017 3:27:11 PM

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