u.s. Department of Justice Office of Justice Programs Bureau of Justice Statistics

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, .' ",' .; • • , ~. • :'., • ' • • \ i"' .' ~ _. ~ " Technical Appendix Drugs, Crime, and the Justice System

• U.S. Department of Justice

Office of Justic~ Programs Bureau of Justice Statistics

Do you know ... Do you ever ...

• what percentage of persons arrested /I need statistics on drug defendants for felony drug offenses are released and their sentences? on bail? • seek information on innovative Ell what proportion of felons convicted methods to expedite drug cases in State courts were convicted of through the court process? drug offenses? • have any questions about drug ., what proportion of felony drug testing programs? trafficking convictions result from a guilty plea? Are you ... • ever at a loss for a statistic? The Drugs & Crime Data Center & Clearinghouse has the answers to .. pressed for time? these questions and many more. e in a rush for information?

The Data Center & Clearinghouse­ Call today ...

@} operates a toll-free 800 number staffed by drugs and crime Drugs & Crime information specialists Data Center & ® answers requests for specific drug­ related data Clearinghouse .. maintains a data base of more than 2,000 drugs and crime citations 1-800-666-3332 .. performs bibliographic searches on The resource for drugs-and-crime data. specific topics • disseminates Bureau of Justice Statistics and other Department of The Drugs & Crime Data Center & Justice publications relating to qrugs Clearinghouse is a free service managed and crime by the Bureau of Justice Statistics (BJS) and partially funded by the Bureau of • maintains a library and reading room Justice Assistance (BJA). ~ publishes reports on current topics of interest. l'-:arcl,gs' ~,Ot'il:i.'~:·~[i~ta:ci~ri~&r:·~'~·I~1iriM,9,ij,o~$~:':':-·· :. :,~.,' ...":'::. ~:.:. ::1 .. :.... '.,: .':,'. :J~,~QO~:~~6~3332.·'·: .' ,,' .,' .... ,,' " "," ..... : .;,,: .. ' ., .... ~ ".' i .. ...;.;" :1. ". ,,"" ':-;', ",',. '. ,:'/ " " U.S. Department or Justice Office ofJustice Programs Bureau ofJustice Statistics -

Technical Appendix Drugs, Crime, and the Justice SystelD

June 1993, NCJ·139578

139578 U.S. Department of Justice Natlonallnstltute of Justice

This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this .,., ieunt matl:!rial has been gr~tyic Domain/OJP!BJS u. S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the ~owner. u.s. Department of Justice Office of Justice Programs Bureau of Justice Statistics

The Bureau of Justice Statistics, an agency of the U.S. Department of Justice, is located within the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. ii Technical Appendix Drugs, Crime, and the Justics System

Contents

Page Page heading and Page Page heading and number Technical Appendix location number Technical Appendix location

Chapter I 28 What are the characteristics Nature and extent of illicit drug users? 14 of drug UN 29 How does drug use vary Section 1. geographically? 14 Consequences of Illegal drug use 30-31 How is drug use in the U.S. 2 What relationships exist changing? 14 between drug use and crime? 2 Chapter II Dynamlc8 of th8 3-4 How strong is the drug use m8gal drug bus In ••• and crime relationship? 2 36 How big is the illegal drug business? 16 5-6 How are drug use and the illegal drug business linked 37-39 Where do illegal drugs come to violent crime? 3 from? 16

7 How is drug use linked to 40-43 How are illegal drugs income-generating crime? 5 made? 17

8 How do drug using and drug 44-51 How do illegal drugs reach selling generate crime? 5 the U.S.? 18

9 How does drug use harm 52-53 How are illegal drugs sold? 20 families and schools? 6 54 What affects the prices for 10-11 How do illegal drugs threaten illegal drugs? 20 the health of users? 6 55 How do illegal drug prices 12-13 What are the health affect the extent of use? 20 consequences of drug use for nonusers? 8 56 What roles do violencs and corruption play in 14 How is the Nation's productivity the distribution and sale affected by drug use? 9 of drugs? 21

Section 2. 57 How is the iIIe~al drug business Pattern. of organized? 21 IlUch drug use Who produces, distributes, and 20-21 Why do people use illicit 58-59 sells illegal drugs? 22 drugs? 10 How do the production, 22-23 What prompts people to use 60-61 distribution. and sale of illegal illicit drugs? 11 drugs compare with those of legal products? 23 24-25 How are illegal drugs taken? 13 62-64 How do drug traffickers conceal drug revenues? 24 26-27 How many people use illicit . drugs? 14

Technical Appendix iii Drugs, Crime, and the Justice System

Page Page heading and Page Page heading and number Technical Appendix location [lumber Technical Appendix location

65-67 How do drug traffickers get Section 3. their drug profits out of the Current laws, U.S.? 25 pOlicies, and programs 99-100 What type of substance abuse Chapter III control laws have Federal, Responses to State, and local governments the drug problem enacted? 33

Section 1. 101 What other laws cover drug History of control activities? 33 drug control 74-75 What policies, strategies, and tactics have been applied 102-103 What are the drug control to the drug problem in the aspects of U.S. foreign U.S.? 27 policy? 33

76-77 Who is involved in drug control 104-106 Who provides for drug efforts? 27 prevention activities? 34

78-81 What are some of the historic '107-108 What types of drug treatment milestones in early U.S. drug exist? 35 control efforts? 27 109-110 What drug treatment programs 82-87 How has the government are used and who provides sought to control both the them? 36 supply of and demand for drugs over the past quarter 111 Is drug treatment effective? 37 century? 28 Section 4. 88-89 What drug control strategies Drug testing 115-116 Who is tested for drugs has the Federal Government and why? 38 issued since 1973? 29 117 How did drug testing Section 2. develop? 39 Public opinion 91 What role does public opinion play in drug control policy? 30 118-119 How do drug tests work? 40

92-93 How serious is drug use 120-121 How do drug testing programs perceived to be? 30 work? 41

94 How available and risky are 122 Has drug testing been illegal drugs thought to be? 30 challenged in court? 42

95 Does the public think the drug problem is more important than other public policy issues? 31

96-97 What strategies are perceived to be effective in combatting the drug problem? 31

Iv Technical Appendix

------Drugs, Crime, and the Justice System

Page Page heading and Page Page heading and number Technical Appendix location number Technical Appendix location

Section 5. 148-149 How do State, local, and The costs of Federal agencies disrupt the Illegal drug use 126-127 What are the costs to society domestic distribution of illegal of illegal drug use? 43 drugs? 60

128-129 How much does the Federal 150-151 How do State, local, and Government spend on the drug Federal agencies disrupt the problem? 43 domestic production of illegal drugs? 62 130 What are the trends in Federal spending on the 152-153 What actions do law drug problem? 44 enforcement agencies and communities take to combat the retail sale of drugs? 62 131 How much do State and local justice systems spend on drug crime? 44 154-155 How does law enforcement target the profits and assets of the illegal drug trade? 64 132 What are the public and private health care costs of illegal drug use? 54 156-157 How does law enforcement use asset forfeiture to combat the illegal drug trade? 65 133 How much does drug treatment cost? 55 158-159 Have drug arrests increased In recent years? 65 Chapter IV Drugs and 160 Is forensic evidence a critical the Justice system factor in prosecuting drug cases? 66 Section 1. OVerview 136-139 How are drug crimes and drug- Section 3. using offenders processed Prosecution and within the justice system? 57 adjudication 165 How are drug cases handled? 68 Section 2. Drug law 166 What is the role of the enforcement 141 What is the role of law prosecutor in drug control? 68 enforcement in drug control policy? 58 167 How often are drug cases rejected or dismissed? 69 142-°143 What agencies enforce drug laws? 58 168-170 Are defendants charged with drug offenses released or held 144-145 What is the Federal pending adjudication? 69 Government's role in reducing international drug production 171 How often do drug cases result and trafficking? 59 in convictions? 70

146-147 What is involved in illegal drug 172 Have drug case loads interdiction? 59 increased in State and Federal courts? 71

Technical Appendix v Drugs, Crime, and the Justice System

Page Page heading and Page Page heading and number Technical Appendix location number Technical Appendix location

173 How do the juvenile courts deal Section 5. with drug offenses and drug Correctional abusing juveniles? 72 populations 194 What happens to sentenced drug offenders? 81

Section 4. 195 Is the proportion of drug Sentencing and offenders in jails and prisons sanctions 176-177 What sanctions and sanction- increasing? 82 ing strategies are used for drug law violations? 73 196 What are offenders' drug-usa patterns? 82 178-180 What are the penalties for illegal drug offenses? 74 197-198 Is drug testing used in correctional systems? 82 181 How do Federal mandatory minimum sentences apply to 199-200 What drug treatment programs drug offenders? 76 are available to offenders? 84

182-183 How are intermediate 201-202 Is treatment of drug offenders sanctions applied to effective? 84 drug law violators? 77 203-204 Are drug-using offenders and 184-185 What government benefits drug law violators likely to can be denied to drug recidivate? 85 offenders? 78

186 How is asset forfehure being used in drug cases? 78

187 How do States use tax codes to sanction drug offenders? 78

188 What is the probability of being sentenced to incarceration? 79

189 Do State and Federal prison sentences for drug traffickers dHfer? 79

190 Are sentences for drug law violators generally becoming more severe? 79

191 What sanctions are applied to juvenile drug offenders? 80

vi Technical Appendix Drugs, Crime, and the Justice System

Using this Technical Appendix

Finding Information In this appendix Interpreting agency abbreviations Getting more Information

This technical appendix contains the Many of the sources cited in this Many of the sources cited here as well detailed references, supporting data, technical appendix are products of as more information on the subjects and methodology used in the BJS Federal agencies. To keep the size of covered in this report are available from report, Drugs, Crime, and the Justice this technical appendix to a minimum, several Federally sponsored System. Most of the sources listed here the following agency names have been clearinghouses. are also listed in the Basic Source abbreviated: listings at the end of each chapter or Drugs and crime data are available section. ADAMHA Alcohol, Drug Abuse, through: and Mental Health The sources of the information in the Administration Drugs & Crime Data Center & report are presented here under the BJA Bureau of Justice Clearinghouse (DCDeC) bold headlines contained in the report. Assistance 1600 Research Boulevard Where more than one source is listed, BJS Bureau of Justice Statistics Rockville, MD 20850 they are either Identifiable from BLS Bureau of Labor Statistics 800/666-3332 information in the report, in order of the BOP Bureau of Prisons paragraphs under the headline, or DEA Drug Enforcement Drug-related informa~ion from other preceded by underlined text from the Administration clearinghouses is available through: report to reflect exactly what section is DOJ Department of Justice being referred to. FBI Federal Bureau of Federal Drug, Alcohol, Investigation and Crime Network GAO General Accounting Office 8001788·2800 HHS Department of Health and Human Services Crime and justice data and copies of HUD Department of Housing and Drugs, Crime, and the Justice System Urban Development are available through: NCHS National Center for Health Statistics Bureau of Justice Statistics NIDA National Institute on Drug Clearinghouse Abuse Box 6000 NIJ National Institute of Justice Rockville, MD 20850 OJJDP Office of Juvenile Justice 8001732-3277 and Delinquency Prevention OJP Office of Justice Programs ONDCP Office of National Drug Control Policy OSAP Office for Substance Abuse Prevention

If you are interested in contacting these agencies about the publications listed here, please note that several of the agencies listed above have the following new names:

ADAMHA Substance Abuse and Mental Health Services Administration (SAMHSA) OSAP Center for Substance Abuse Prevention (CSAP)

Technical AppendiX 1 Drugs, Crime, and the Justice System

Chapter I Section 1. Consequences of Illegal drug use

Inmates report very high Crime commission rates What relationships exist between rates of drug use for Individuals rise and fall drug use and crime? with Involvement In drug use More than 3 out of 4 jail Inmates ... BJS, Profile of jail inmates, 1989, A 1986 National Research Council page 2 Special report, NCJ-129097, April 1991, panel report- table 13, 8. Alfred Blumstein, Jacqueline Cohen, Jeffrey A. Roth, and Christy A. Visher, The link between drug use The 1989 survey of convicted jail eds., Criminal careers and "Career and crime Is complex inmates- criminals, "volume 1 (Washington: BJS, Drugs and jail inmates, 1989, National Academy Press, 1986),74-75. Eric D. Wish, "U.S. drug policy in the Special report, NCJ-130836, August 1990s: Insights from new data from 1991,8. A study of a national sample of youth - arrestees," The International Journal of Bruce D. Johnson, Eric D. Wish, James Addictions, (1990-91), 25(3A):377·409, About 2 out of 3 State prison inmates ... Schmeidler, and David Huizinga, "Con­ 393-395. BJS, Drug use and crime, Special centration of delinquent offending: report, NCJ-111940, July 1988 Serious drug involvement and high There 18 extensive evidence and delinquency rates," Journal of Drug of the strong felatlonshlp BJS, Profile of State prison inmates, Issues (Spring 1991), 21 (2):205-229. between drug use and crime 1986, Special report, NCJ-109926, January 1988, 6. Studies of the number of crimes A recent review of the evidence - committed by heroin addicts during Jan M. Chaiken and Marcia R. Chaiken, In 1987, more than 60% of juveniles periods of addiction and nonaddiction "Drugs and predatory crime," in Drugs and young adults ... in Baltimore- and crime, Michael Tonry and James Q. BJS, Survey of youth in custody, 1987, John C. Ball, John W. Shaffer, and Wilson, ads., 'lolume 13, Crime and Special report, NCJ-113365, September David N. Nurco, "The day to day crimi­ Justice (Chicago: University of Chicago 1988,1,7. nality of heroin addicts in Baltimore - A Press, 1990),203-239. study in the continuity of offense rates," Drug and Alcohol Dependence (1983), 12:119-142. page 4 How strong Is the drug use and ... and in Southern California- crime relationship? William H. McGlothlin, M. Douglas An­ Most people In drug treatment report glin, and Bruce D. Wilson, "Narcotic ad­ page 3 Involvement In serious crimes diction and crime," Criminology (November 1978), 16(3):293-315. The Drug Abuse Reporting Program What proportion of arrestees (DARP)- People In drug treatment report recently used drugs? D. Dwayne Simpson, George W. Joe, frequent commission of crime Wayne E. K. Lehman, and S. B. Sells, when they are using dr'ugs NIJ, 1990 Drug use forecasting, annual "Addiction careers: Etiology, treatment, and 12-year follow-up outcomes," report, NIJ research in action, NCJ- DARP- 130063, August 1991, 2-24 Journal of Drug Issues (1986), 16(1):107-121,111. D. Dwayne Simpson, George W. Joe, and Wayne E. K. Lehman, and S. B. Sells, NIJ, 1988 Drug use forecasting, annual "Addiction careers: Etiology, treatment, report, NIJ research in action, NCJ- The Treatment Outcome Prospective Study (TOPS)- and 12-year follow-up outcomes," 122225, March 1990, 2-24. Journal of Drug Issues (1986), Robert L. Hubbard, Mary Ellen Mars- 16(1 ):1 07-121 . . den, J. Valley Rachal, Henrick J. Har­ wood, Elizabeth R. Cavanaugh, and TOPS- Harold M. Ginzburg, Drug abuse treat­ ment: A national study of effectiveness Robert L. Hubbard, Mary Ellen Mars­ (Chapel Hill: University of North den, J. Valley Rachal, Henrick J. Har­ Carolina Press, 1989), 75 and 128. wood, Elizabeth R. Cavanaugh, and Harold M. Ginzburg, Drug abuse treat­ ment: A national study of effectiveness (Chapel Hill: University of North Carolina Press, 1989).

2 Technical Appendix DrUb'S, Crime, and the Justice System

Interviews with 279 male heroin addicts In 1990, victims perceived admitted to methadone treatment in How are drug use and the Illegal that the offender was under Southern California ... the Influence of drugs In more drug business linked to violent Elizabeth Piper Deschenes, M. Douglas than 336,000 crimes of violence Anglin, and George Speckart, "Nar­ crime? cotics addiction: Related criminal ca­ BJS, Criminal Victimization in the reers, social, and economic costs," pageS United States, 1990, NCJ-134126, Journal of Drug Issues (Spring 1991). February 1992, table 42, 58. 21 (2):383-411 Drug. and violence are linked At the time of the off8n~ most The chronology of Initial drug use In multiple ways Imprisoned violent offenders were and other criminal behavior varle. drinking or using drugs Paul J. Goldstein, "The drugslviolence nexus: A tripartite conceptual Several studies ... BJS, 1989 Survey of Inmates of Local framework," Journal of Drug Issues Jails, unpublished data. David H. Huizinga, Scott Menard, and (Fall 1985), 15(4):493-506,497-502. Delbert S. Elliott, "Delinquency and drug use: Temporal and developmental Whether drug use Is a dlrflct factor patterns," Justice Quarterly (September The pharmacological effects In family violence Is unclear 1989). 6(3):419-455. of some drugs may lead to violence Alcohol use ... One recent study of drug use- Many studies have found a link between Jeffrey Fagan, "Intoxication and aggres­ David M. Altschuler and Paul J. Broun­ alcohol use and violence - sion," in Drugs and crime, Michael stein, "Patterns of drug use, drug traf­ James J. Collins, "Alcohol and interper­ Tonry and James O. Wilson, eds., vol­ ficking and other delinquency among sonal violence: Less than meets the ume 13, Crime and Justice, (Chicago: inner-city adolescent males in Washing­ eye," in Pathways to criminal violence, The University of Chicago Press, 1990), ton, D.C.," Criminology (1991), Neil Alan Weiner and Marvin E. Woif­ 241-320, 283-287. 29(4):589-621. gang, eds. (Newbury Park, CA: Sage Publications, 1989), 49-67 A study of 1,243 female subjects from a A review of the research on the drug­ and prenatal clinic in Boston- James J. Collins, ed., Drinking and crime relatlonshlp- Hortensia Amaro, Lise E. Fried, Howard Jan M. Chaiken and Marcia R. Chaiken, crime: Perspectives on the relation­ ships between alcohol consumption and Cabral, and Barry Zuckerman, "Vio­ "Drugs and predatory crime," in Drugs lence during pregnancy and substance and crime, Michael Tonry and James O. criminal behavior (New York: The Guil­ ford Press, 1981). 152-206 and 288-316 use," American Journal of Public Heahh Wilson, eds., volume 13, Crime and (May 1990), 80(5):575-579. Justice (Chicago: University of Chicago and Press, 1990). 203-239. Kai Pernanen, "Alcohol and crimes of violence," in The biology of alcoholism, Another study in Marion County vol. IV: Social aspects, Benjamin Kissin Indiana- and Henri Begleiter, eds. (New York: Albert R. Roberts, "Substance abuse Plenum Press, 1976),351-444 among men who batter their mates," and Journal of Substance Abuse Treatment, William F. Wieczorek, John W. Welte (1988),5:83-87. and Ernest L. Abel, "Alcohol, drugs and murder: A study of convicted homicide Violence In lIIeg81 drug networks offenders," Journal of Criminal Justice Is often called systemic (1990), 18:217-227. Systemic violence - Many Elxperts conclude ... Paul J. Goldstein, "The drugslviolence Jeffrey Fagan, "Intoxication and aggres­ nexus: A tripartite conceptual sion," in Drugs and crime, Michael framework," Journal of Drug Issues Tonry and James O. Wilson, eds., (Fall 1985). 15(4):493-506,497-502. volume 13, Crime and Justice, (Chicago: The University of Chicago Some observers ... Press, 1990), 241-320. Mark H. Haller, "Bootlegging: ThE! busi­ ness and politics of violence" in Vio­ lence in America, Ted Robert Gurr, ed. (Newbury Park, CA: Sage, 1989), 146- 162.

Technical Appendix 3 Drugs, Crime, and the Justice System

Violence II t~'mmon In mega I One analysis suggests ... A study In Phlladelphla- drug dl"d'lb~tlon Margaret A. Zahn, "Homicide In the Margaret A. Zahn and Mark twentieth century United States, ~ In His­ Benclvengo, "Violent death: A Paul J. Goldstein, "The drugs/violence tory and crlmrJ: Implications for criminal comparison between drug users and nexus: A tripartite conceptual frame­ justice policy, James A. Inclardl and nondrug users," Addictive Diseases work,· Journal of Drug Issues (Fall Charles E. Faupel, eds. (Beverly Hills: (1974),1:283-296. 1985), 15(4):493-506,497-502. Sage Publications, 1980}, 111-132. Victims and as.. llants Many homicide. are related In drug-related homiCides are to drug trafficking page 6 often Hispanic or black mele. In their 20. or 30s A study of 414 homicides In New York City In 1988- Duane C. McBride, Cindy Burgman­ Paul J. Goldstein, Henry H. Brownstein, M,my hoa.llclde victim. have drug_ Habermehl, Jeff Alpert, and Dale D. Patrick J. Ryan, and Patricia A. Bellucci, In their IYltem Chitwood, "Drugs and homicide," Bul­ "Crack and homicide in New York City, letin of the New YOM Academy of 1988: A conceptually based event anal­ A study in Wayne County, Michigan­ Medicine (June 1986), 62(5):497-508, ysis," Contemporary Drug Problems Ian Hood, David Ryan, Joseph Mon­ 501-502. (Winter 1990), 16(4):651-687. forte, and James Valentour, "Cocaine in Wayne County medical examiner's NIJ, Paul J. Goldstein and Henry 24% of New York City homicides ... cases," Journal of Forensic Sciences H. Brownstein, Drug-related crime NIJ, Paul J. Goldstein and Henry H. (May 1990),35(3):591-600. analysis - Homicide, A report to the Brownstein, Drug mlated crime ~ftalysls NIJ Drugs, Alcohol, and Crime - Homicide, A report to the NIJ 'Drugs, A 1989 study In Fulton County, Program, July 1987, 52 and 54. Alcohol, and Crime Program, July 1987, GeO~la- 45. Ran y Hanzlick and Gerald T. Gowltt, In drug-related homicides, "Cocaine metabolite detection In ananant. ar. likely to know their In Washington, D.C. from 1987to homicide victims" Journal of the victims and to Ule a handgun 1991 ... American Medical Association Office of Criminal Justice Plans and (February 1991),265(6):760-761. Assailants In drug-related homicides Analysis, Homicide Report, District of In New York City in 1984 ... Columbia, April 1992, table 9, 17. In New York City In 1981 ... NIJ, Paul J. Goldstein and Henry H. Kenneth Tardiff and Elliott M. Gross, Brownstein, Drug related crime analysis A study of homicide in Miami­ "Homicide In New York City," Bul/etin - Homicide, A report to the NIJ Drugs Duane C. McBride, Cindy Burgman­ of the New York Academy of Medicine Alcohol and Crime Program, July 1987, Habermehl, Jeff Alpert, and Dale D. (1986),62(5):413-426. 49-50. Chitwood, "Drugs and homicide," Bul­ letin of the New YOM Academy of A National Institute of Justice (NIJ) An analysis of homicides In Dade Medicine (June 1986), 62(5):501. ~- County (Mlami)- NIJ, Nature and patterns homicide in Duane C. McBride, Cindy Burgman­ 347 drug-related homicides eight American cities, 1978, NCJ- Habermehl, Jeff Alpert, and Dale D. reported In New York City in 1984 ... 115304, June 1988,19, tables 3-10,30. Chitwood, "Drugs and homiclde,"Bul­ letin of the New YOM Academy of NIJ, Paul J, Goldstein and Henry H. A 15-year followup of 78 New York Medicine (June 1986), 62(5):497-508, Brownstein, Drug mlated crime analysis heroin addlcts- table v, 504. - Homicide, A report to the NIJ Drugs, Edward Preble, "EI Barrio revisited," Alcohol, and Crime Program, July 1987, A Fulton County, Georgia, study - 69-70. paper presented at the annual meeting of the Society of Applied Anthropology, Randy Hanzlick and Gerald T. Gowltt, Similarly, in the District of Columbia ... 1980, as reported In Paul J. Goldstein, "Cocaine metabolite detection In "Drugs and violent crime." In Pathw~ys homicide victims," Journal of the Office of Criminal Justice Plans and to Criminal Violence, Neil Alan Weiner American Medical Association Analysis, Homicide In the District of and Marvin E. Wolfgang, eds. (Newbury (February 1991),265(6):760-761. Columbia, December 1988, 24. Park, CA: Sage, 1989), 22.

4 Technical Appendix Drugs, Crime, and the Justice System

1990 DUF data- Drug users support themselves and How Is drug use linked to Income­ NIJ, 1990 Drug use forecasting their drug use In various ways generating crime? program, unpublished data. A study in Florida- A review of the drug-consensual crime James A. Inciardi, "The impact of drug page 7 relationship - use on street crime," presented at the Dana E. Hunt, "Drugs and consensual American Society of Criminology annual crimes: Drug dealing and prostitution," meeting, Washington, D.C., 1981, 10, •• drug u.a prevalent among in Drugs and crime, Michael Tonry and table 10, 28. arre.tee. charged with drug sale. James O. Wilson, eds. volume 13, or po..... lon, burglary, robbery, Crime and Justice (Chicago: The Uni­ A RAND study in Washington, D.C. - andthlft? versity of Chicago Press, 1990), 191- Peter Reuter, Robert MacCoun, and 202. Patrick Murphy, Money from crime: A NIJ, 1990 Drug use forecasting pro­ study of the economics of drug dealing gram, unpublished data. Drug users sometimes barter sex in Washington, D.C. (Santa Monica, for drugs ... CA: The RAND Corporation, June Jail Inmate. convicted of property James A. Inciardi, "Trading sex 10r 1990), vi. offenae. wire often Influenced crack among juvenile drug users: A by drug. research note," Contemporary Drug Many frequent drug users ... Problems (Winter 1989),16(4):695. Dana E. Hunt, "Drugs and consensual BJS, Profile of jail inmates, 1989, Spe­ crimes: Drug dealing and prostitution," cial report, NCJ-129097, April 1991, Sex for crack exchanges ... in Drugs and crime, Michael Tonry and table 14, 8 Birch and Davis Associates, Inc., Crack James O. Wilson, eds. volume 13, Crime and Justice (Chicago: The Uni­ and pipe as pimp: An eight-city ethnographic BJS, Drugs and jail inmates, 1989, Spe­ study of the sex-for-crack phenomenon versity of Chicago Press, 1990), 1.59- cial report, NCJ-130836, August 1991, (Silver Spring, MD: Birch and Davis 202. table 14, 9. Associates Inc., April 1991 ), Executive Summary. Property offender. are more How do drug using and drug likely than violent offenders Dally usa of heroin or cocaine seiling generate crime? to be drug uaers I. highly associated with Income-generatlng crimes BJS, Profile of State prison inmates, pageS 1986, Special report, NCJ-1 09926, TOPS- January 1988, tables 11 and 12, 6 James J. Collins, Robert L. Hubbard, Drug use can attract other serious and and J. Valley Rachal, "Expensive drug crime to a neighborhood BJS, Drug use and crime, Special re­ use and illegal income: A test of port, NCJ-111940, July 1988, table 1, 2; explanatory hypotheses," Criminology table 3, 3. Drug users nodding in doorways ... (1985), .23(4):743-763. William M. Rohe and Raymond J. Burby, "Fear of crime in public housing," Prostitution Is sometimes uaed A study in New York City's Harlem - Environment and behavior (November to suppor't drug uae Bruce Johnson, Paul J. Goldstein, 1988), 20(5):700-720 Edward Preble, James Schmeidler, and One study of the relationship between Douglas Lipton, Barry Spunt, and Wesley G. Skogan and Michael G. Max­ drug use and prostitution - Thomas Miller, Taking care of business: field, Coping with crime: Individual and James A. Inciardi, "Hooker, whore, The economics of crime by heroin neighborhood rellctions (Beverly Hills: junkie, thief; dealer, doper, cocaine abusers (Lexington, MA: Lexington Sage Publications, 1981) freak," in The war on dru.gs: Heroin, Books, 1985), 98-102. and cocaine, crime, and public policy, Richard P. Taub, D. Garth Taylor, and James A. Inciardi, ed. (Palo Alto, CA: Jan D. Dunham, Paths of neighborhood Mayfield Publishing, 1986), 156-173. change: Race and crime in urban America (Chicago: The University of A study of two samples of women in Chicago Press, 1984), 1-17 drug abuse treatment- and M. Douglas Anglin and Yih-Ing Hser, James O. Wilson and George L. Kelling, "Addicted women and crime," "Broken windows," Atlantic Monthly Criminology (1987), 25(2):359-397. (March 1982), 29-38 and

Technical Appendix 5 Drugs, Crime, and the Justice System

Wesley G. Skogan, Disorder and de­ Residents of a Washington, D.C., apart­ Drug-using students disrupt cline: Crime and the spiral of decay in ment complex ... school discipline and Interfere American neighborhoods (New York: Lynne Duke, "Flurry of services, with other students' learning The Free Press, 1990). promises engulfs SE neighborhood," The Washington Post, December 4, GaliuppoUs- Researchers summarizing results 1989,05. BJS. Sourcebook of criminal justice of their and others' work describe ... statistics, 1990, NCJ-130580, 1991, James Q. Wilson and George L. Kelling, Other parents described ... table 2.4, 156, compiled by Sourcebook "Broken windows," Atlantic Monthly Lynda Richardson, "NW family holds its staff from "The Gallup Report." (March 1982), 29-38. ground amid the violence," The Washington Post, February 4,1990, A1. In some schools ... Participants In the drug market U.S. Department of Education, What are often attacked or robbed People whose homes are not in the works: Schools without drugs, 1987, 5, immediate vicinity ... 9,10. Bruce D. Johnson, Terry Williams, Kojo Michele L. Norris, "Life in P.G. changes A. Dei, and Harry Sanabria, "Drug abu­ in the face of fear," The Washington Such fear is associated with difficulty in se in the inner city: Impact on hard­ Post, November 6, 1989, A1. learning ... drug users and the community," in Joan McDermott, "High Anxiety: Fear of Drugs and crime, Michael Tonry and Crime in Secondary Schools," James Q. Wilson, eds., volume 13, Contemporary Education (1980), Crime and Justice (Chicago: The Uni­ How does drug use hann families 52(1 ):18-23. versity of Chicago Press, 1990), 9-42. and schools? Students report that some drugs Drug UHrs are often victimized page 9 are easy to get at school

Jan M. Chaiken and Marcia R. Chaiken, BJS, School crime: A National Crime "Drugs and predatory crime," in Drugs Drug use adversely affects family Victimization Survey report, NCJ- and crime, Michael Tonry and James Q. reiationshipi and finances 131645, September 1991, table 3, 3, Wilson, eds .• volume 13, Crime and table 5,4. Justice (Chicago: University of Chicago Elijah Anderson, Streetwise: Race, Press, 1990),203-239. class, and change in an urban commu­ Availability of drugs In school nity (Chicago: The University of Is linked with victimization and fear BJS, 1989 Survey of Inmates of Local Chicago Press, 1990). Jails, unpublished data. BJS, School crime: A National Crime Drug use II associated with Victimization Survey report, NCJ- Open drug marketing can devastate difficulty In forming famlilel 131645. September 1991, 5 arid table neighborhood IHe 6. Studies over the past 20 years - Around the country deaths and inluries NIDA, Barry S. Brown, Robert L. of innocent bystanders ... DuPont. and Nicholas J. Kozel, "Heroin How do Illegal drugs threaten Lawrence W. Sherman, Leslie Steele, addiction in the city of Washington." the health of users? Deborah Laufersweiler, Nancy Hoffer. Drug Forum (Winter 1973), 22:187-190 and Sherry A. Julian, "Stray bullets and and 'mushrooms': Random shootings of NIDA, Lucy N. Friedman, The wildcat page 10 bystanders in four cities, 1977-88," experiment: An early test of supported Journal of Quantitative Criminology work in drug abuse rehabilitation, 1978, Illegal drugs can harm (1989), 5(4):300-316 70-71.76-77,86-89,98-99.110-113. the health of users and Lawrence W. Sherman, "The drug Drug use has negative effects on battle doesn't need martyrs," New York families in all racial and ethnic groups ... NIDA, Drug abuse and drug abuse re­ Times, August 15, 1989, 300-316. Elijah Anderson. Streetwise: Race, search: The third triennial report to class, and change in an urban commu­ Congress from the Secretary, Depart­ nity (Chicago: The University of ment of Health and Human Services, Chicago Press, 1990), 134-137. DHHS Publication No. (ADM)91-1704, 1991,5-6.14-17,20-22,24-25,33,93- 102 and

6 Technical Appendix Drugs, Crime, and the Justice System

Jonathan Shedler and Jack Block, Long-term drug use can lead Adolescents who use drugs regularly "Adolescent drug use and psychological to Illness or debm~:atlon tend to have a variety of problems health," American Psychologist (May 1990),45(5):612-630. Charles A. Dackis and Mark S. Gold, Frank E. Crumley, "Substance abuse "Addictiveness of central stimulants," in and adolescent suicidal behavior," The effects of some drugs are toxic Addiction potential of abused drugs and Journal of the American Medical and life threatening drug classes, Barry Stimmel, ed. (New Association (1990), 263(22):3051-3056. York: Haworth Press, 1990), 9-26 NIDA, Reese T. Jones, "The pharma­ and NIDA, Drug abuse and drug abuse re­ cology of cocaine," in Cocaine: Pharma­ NIDA, Drug abuse and drug abuse search: The third triennial report to cology, effects, and treatment of abuse, research: The third triennial report to Congress from the Secretary, Depart­ John Grabowski, ed., NIDA research Congress from the Secretary, ment of Health and Human Services, monograph 50, 1984, 45-48. Department of Health and Human DHHS Publication No. (ADM) 91-1704, Services, DHHS Publication No. 1991,131-144. Joe D. Haines and Scott Sexter, "Acute (ADM)91-1704, 1991,5-6, 93-102. myocardial infarction associated with Intravenous drug use spreads cocaine abuse," Southern Medical Jour­ Drug use causes many deaths AIDS among drug users and na/(October 1987), 80(10):1326-1327. their sex partners NIDA, Annual medical examiner data, Marc A. Schuckit, Drug and alcohol 1990, Data from the Drug Abuse Needle-sharing is the most rapidly abuse: A clinical guide to diagnosis and Warning Network, series I, number 10- growing means of transmission ... treatment, second edition (New York: B, 1991, table 2.01, 11, table 2.03, 13, HHS, Centers for Disease Control, Plenum Press, 1984). and table 2.06a, 16. Center for Infectious Diseases, Division of HIV/AIDS, HI VIA lOS surveillance Deaths directly attributable to drug report, November 1990, table 10, 15. use Increased 58% between 1980 page 11 and 1989

Drug Hospital emergency rooms deal abuse wIth many conditions resulting Year deaths from drug use 1980 6,900 1981 7,106 NIDA, Annual emergency room data, 1982 7,310 1990, Data from the Drug Abuse Warn­ 1983 7,492 ing Network, series I, Number 10-A, 1984 7,892 1991, table 1.3, 9; table 2.03, 22; and table 2.06a, 34. 1985 8,663 1986 9,978 1987 9,796 Cocaine has become the drug most frequently Involved 1986 10,917 In emergency room mentions 1989 10,710 All Heroin! PCP& PCP Year barbiturates Cocaine morphine Marijuana combinations Source: NCHS, "Advance report of final mortality 8tatiStiCS, 1989,· in Monthly Vital Statistics Report, 1980 24,363 7,056 12,517 8,268 8,220 V, 40(8), supplement (January 1991), table 18. 1981 23,210 8,298 15,330 6,470 5,185 1982 21,849 10,889 19,246 10,616 7,453 1983 18,434 12,945 21,967 10,D82 8,909 1984 15,574 21,777 23,350 10,215 10,601 1985 13,717 24,734 26,635 11,896 8,670 1986 12,364 45,731 29,289 12,988 10,706 1987 9,912 85,159 34,089 18,539 13,328 1988 8,642 137,663 42,685 24,229 13,455 1989 9,829 167,904 46,816 25,437 9,285 1990 10,046 121,661 46,019 16,903 4,921

Source: DEA, Drug Abuse Warning Network, 1960-90.

TechnfualAppend~ 7 Drugs, Crime, and the Justioe System

In New York City between June 1988 About 12,000 of the 43,000 persons ... A later study of cocaine-exposed and April 1989 ... HHS, Centers for Disease Control, "The infants at an inner-city hospital in Joan Cleary, Alice Burns, and Philip H!'1IAIDS epidemic: The first 10 years,· New York City- Vernon, "Health care costs of Medicaid Morbidity and Mortality Week(y Report Ciaran S. Phibbs, David A. Bateman, methadone maintenance treatment pro­ (June 7, 1991), 40(22):358-369, table 1, and Rachel M. Schwartz, "The neonatal gram recipients in New York State,· 362. costs of maternal cocaine use," Journal presented at tha American Public of the American Medical Association Health Association Annual Meeting, The Infants of drug-using women (September 18, 1991), 266(11 ):1521- Chicago, 1989, 8. may have serious health problems 1526.

Crack users often develop mouth and Drug use can affect development... Some drug-exposed children JlP-lesions ... Scott N. MacGregor, Louis G. Keith, Ira. will suffer long-term effects James A. Inciardi, "Trading sex for J. Chasnoff, Marvin A. Rosner, Gay M. crack among juvenile drug users: A Chisum, Patricia Shaw, and John P. GAO, Drug-exposed infants: A genera­ research note," Contemporary Drug Minogue, "Cocaine use during preg­ tion at risk, GAO/HRD-90-138, June Problems (Winter 1989),16(4):689-700. nancy: Adverse perinatal outcome,· 1990 American Journal of Obstetrics and and Sexual activity in crackhouses ... Gynecology (September 1987), Judith Larsen, ed., Drug exposed in­ Peter Kerr, "Syphilis surge with crack 157(3):686-690 fants and their families: Coordinating use raises fears on spread of AIDS," and responses of the legal, medical and New York Times, June 29, 1988, B1, Katherine M. Gillogley, Arthur T. Evans, child protection system. Executive B5. Robin L. Hansen, Steven J. Samuels, summary (Washington: American Bar and K. K. Patra, "The perinatal impact Association Center on Children and the of cocaine, amphetamine, and opiate Law, 1990) use detected by universal intrapartum and What are the health consequences screening," American Journal of Obstet­ of drug use for nonusers? D.R. Neuspiel, S.C. Hamel, E. rics and Gynecology (November 1990), Hochberg, J. Greene, and D. Campbell, 163(5 part 1):1535-1542 "Maternal cocaine use and infant be­ page 12 and havior," Neurotoxicologyand Teratology Barry Zuckerman, Deborah A. Frank, (1991),13:229-223. Ralph Hingson and others, "Effects of Intravenous drug users can maternal marijuana and cocaine use on How many drug-exposed expose others to AIDS fetal growth," N9W England Journal of Medicine (March 23, 1989), Infants are there? Many heterosexual and pediatric AIDS 320(12):762-768 cases ... and GAO, Drug-exposed infants: A genera­ HHS, Centers for Disease Control, Cen­ GAO, Drug-exposed infants: A genera­ tion at risk, GAO/HRD-9Q-138, June ter for Infectious Diseases, Division of tion at risk, GAO/HRD-90-138, June 1990,4. HIVIAIDS, HIVIAIDS surveillanoe 1990,24-20 report, November 1990, table 4, 9; and and Higher estimates-- table 10, 15. Ciaran S. Phibbs, David A. Bateman, "The need for treatment," in Treating and Rachel M. Schwartz, "The neonatal drug problems, Dean R. Gerstein and The rise in popularity of heroin ... costs of maternal cocaine use," Journal Henrick J. Harwood, eds. (Washington: NIDA, Don C. DasJarlais, Samuel R. of the American Medical Association National Academy Press, 1990), 85 Friedman, Jo L. Sotheran, and Rand (September 18, 1991), 266(11 ):1521- and Stoneburner, "The sharing of drug injec­ 1526. Deanna S. Gomby and Patricia H. Sh­ tion equipment and the AIDS epidemic iono, "Estimating the number of sub­ in New York City: The first decade," in The General Accounting Office (GAO) stance-exposed infants," The future of Needle sharing among intravenous drug reported- children (1991), 1:17-25, 22-23. abusers: National and international per­ GAO, Drug-exposed infants: A genera­ spectives, Robert J. Battjes and Roy W. tion at risk, GAO/HRD-90-138, June Pickens, ads., NIDA research mono­ 1990, 24-40. graph 80,1988,160-175,167.

8 Technical Appendix Drugs, Crime, and the Justice System

Many employed persons use drugs page 13 How Is the Nation's productivity affected by drug use? NIDA, Drug abuse and drug abuse re­ search: The third triennial report to Drugs are directly and Indirectly Congress from the ;"jecretary, Depart­ Implicated In many accidental page 14 ment of Health and Human' Services, deaths each y.ar DHHS Publication No. (ADM)91-1704, 1991, table 8, 26 Drug use harms business, Industry, and Andrew Skolnick, "Illicit drugs take still and workplaces another toll: Death or injury from vehi­ NIDA, National Household Survey on cle-asaociated trauma," Journal of the Drug Abuse: Main findings 1990, DHHS Drugs and alcohol are often used ... Publication No. (ADM)91-1788, 1991, American Medical Association (June Markku Linnoila, "Psychomotor effects 1990),263(23):3122,3125. table 1.2, 11, table 3.3, 40, table 4.3, of drugs and alcohol on healthy volun­ 54. teers and psychiatric patients," in Ad­ National Transportation Safety Board, vances in pharmacology and Drug users are excluded Safety study: Fatigue, alcohol, other therapeutics, vol. Drug action modifi­ 8. from employment In many drugs, and medical factors in fatal-to­ cation - comparative pharmacology, types of jobs the-driver heavy truck crashes, volume G. Olive, ed. (New York: Pergamon 1,1990, Executive Summary, V, 24 and Press, 1979), 235-249. 28. BlS, Survey of employer anti-drug pro­ However, the effects of either illegal grams, Report 760, January 1989, table 4, and table 1, 6. NIDA, Adrian K. Lund, David F. drugs or alcohol ... 8; Preusser, Richard D. Blomberg, and Herbert Moskowitz, "Adverse effects of Allan F. Williams, MDrug use by tractor­ alcohol and other drugs on human per­ "Prevalence of drug use among trailer drivers," in Drugs in the work­ formance," Alcohol Health and Re­ applicants for military service - United place: Research and evaluation data, search World (Summer 1985), 9(4)11- States, June-December 1988," Steven W. Gust and J. Michael Walsh, 15. Morbidity and Mortality Weekly Report ads., NIDA research monograph 91, (August 25, 1989), 38(33):580-583. 1989,47-67. A study of 2,500 postal employees - Craig Zwerling, James Ryan, and Endel Drug use by adolescents affects Drug abu.. places additional John Orav, "The efficacy of preemploy­ their participation In the labor force burdens on already st!"tined health ment drug screening for marijuana and care syatems In major cities cocaine In predicting employment out­ Michael D. Newcomb and Peter M. come," Journal of the American Medical Bentler, Consequences of adolescent Robert E. Hurley, Deborah A. Freund, Association (November 1990), drug use: Impact on the lives of young and Donald E. Taylor, "Emergency 264(20) :2639-2643. adults (Newbury Park, CA: Sage Publi­ room use and primary care case man­ cations, 1988), 216-225. agement: Evidence from four Medicaid Workplace-related drug use demonstration programs," American raises concerns about safety, Journal of Public Health (July 1989), productivity, and health 79(7):843-846. NIDA, Dean R. Gerstein and Esta Grossman, "Building a cumulative knowledge base about drugs and the workplace," in Drugs in the workplace: Research and evaluation data, Steven W. Gust and J. Michael Walsh, eds., NIDA research monograph 91, 1989, 322-323.

~. ,

TechnicalAppendix 9 Drugs, Crime, and the Justice System

Chapter I Section 2. Patterns of Illicit drug use

Why do people use IIlIch drugs?

page 20

What are .ome of the effects of megal drugs?

1 NIDA, "Heroin," NlDA capsules, DEAview August 1986. Short-term effects Duration of of risk of 2 Dn.IB~E2 Desired Other acute effects de(!!!ndence a DEA, Drugs of abuse: 1989 2 Heroin • euphoria 1 • respirator), • 3 to 6 hours • physical- • pain reduction a depression 1 high 3 G.A. Gay, "Clinical management of o nausea 1 o psychological acute and chronic cocaine poisoning: • drowsiness 1 • high Concepts, components and configura- a tion," Annals of emergency medicine, Cocaine - excitement I • Increased blood • 1 to 2 hours • physical- (1982) 11 (1 0): 562·572 as cited In I pressure 3 possible • euphoria NIDA, Dale D. Chitwood, "Patterns • increased • increased o psychological alertness, repirat07 rate3 • high and consequences of cocaine use," in wakefulness a • nausea Cocaine use in America: Epidemiologic o cold sweats 3 and clinical perspectives, Nicholas J. • twitching /I Kozel and Edgar H. Adams, eds., NIDA • headache I research monograph 61, 1985.

Crack • same as o about 5 • same as • same as 4 4 NIDA, James A. Inciardi, "Crack- cocaine cocaine cocaine minutes cocaine cocaine in Miami," in The epidemiology • more rapid h~h than cocaine of cocaine use and abuse, Susan Schober and Charles Schade, ads., a Marijuana • euphoria Z • accelerated • 2 to 4 hours • physical- NIDA research monograph 110, 1991. • relaxationl heartbeatS unknown • impairment of • psychological 'NIDA, "Marijuana," NIDA capsules, perception. • moderate August 1986. judgement, fine motor skills, and memory'

l a Ampheia- .euphoria • increased blood • 2 to 4 hours • physical· mines • excitement I pressure a possible -increased • increased pulse • psychological alertness, rate 2 - high wakefulness :I • insomnia:l • loss of appetite I

LSD • illusions and • poor perception • 8 to 12 o physical. hallucinations :I of time and hours:l none • excitement I distance I • psychological • euphoria:l • acute anxiety, - unknown restlessrless, sleeplessness I • sometimes depression a

10 Technical Appendix Drugs, Crime, and the Justice System

Richard B. Resnick, Richard S. Kesten­ Is cocaine addictive? page 21 baum, and Lee K. Schwartz, "Acute systemic effects of cocaine in man: A NIDA, Chris E. Johanson, "Assessment controlled study by intranasal and intra­ of the dependence potential of cocaine The pharmacologic mechanisms venous routes," Science (February in animals," in Cocaine: Pharmacology, through which various drugs 1977), 195:696-698. effects, and treatment of abuse, John eXfJrt their effects are only Grabowski, ed., NIDA research mono­ partially understood Drugs often have undesired graph 50,1984,54-71. and unintended side-effects NIDA, Roy A. Wise, "Neural mecha­ nisms of the reinforcing action of co­ For example, cocaine is a stimulant that What prompts people to use illicit caine," in Cocaine: Pharmacology, usually elevates mood but... effects, and treatment of abuse, John Richard B. Resnick, Richard S. Kesten­ drugs? Grabowski, ed., NIDA research mono~ baum, and Lee K. Schwartz, "Acute graph 50, 1984, 15-33 systemic effects of cocaine in man: A page 22 and controlled study by intranasal and intra­ "Heroin," NIDA capsules, August 1986 venous routes," Science (February and 1977), 195:696-698 The onset and continuing DEA, Drugs of abuse: 1989, 12, 30-31, and use of Illicit drugs depend 37,40,45,49-50 DEA, Drugs of abuse: 1989, 30-31,45, on many factors ant: 49-50 Dale D. Chitwood, "Patterns and conse­ and Jack H. Mendelson and Nancy K. Mello, quences of cocaine use," in Cocaine Marc A. Schuckit, Drug and alcohol "Commonly abused drugs," in Har­ use in America: Epidemiologic and clin­ abuse: A clinical guide to diagnosis rison's principles of internal medicine, ical perspectives, Nicholas J. Kozel and and treatment, 2nd edition (New York: 12th ed., Jean D. Wilson, Eugene Edgar H. Adams, eds., NIDA research Plenum Press, 1984), 5. Braunwald, et al., eds. (New York: monograph 61,1985,124 McGraw-Hili Inc., 1991),2155. and Users often look to drugs, especially James A. Inciardi, "Crack-Cocaine in stimUlants such as cocaine and am­ NIDA, J. David Hawkins, Denise Miami," in The epidemiology of cocaine phetamines ... Lishner, and Richard F. Catalano, Jr., use and abuse, Susan Schober and NIDA, Marian W. Fischman, "The "Childhood predictors and the preven­ Charles Schade, eds., NIDA research behavioral pharmacology of cocaine in tion of adolescent substance abuse," in monograph 110, 1991, 268 humans," in Cocaine: Pharmacology, Etiology of drug abuse: Implications for and effects, and treatment of abuse, John prevention, Coryl LaRue Jones and "Marijuana," NIDA capsules, August Grabowski, ed., NIDA research mono­ Robert J. Battjes, eds., NIDA research 1986 graph 50, 1984, 79-82. monograph 56, 1985, 75-126. and "Methamphetamine abuse," NlDA C~p­ Drugs vary In the extent sules, January 1990. What factors Influence drug use? to which they result In physical and psychological dependence Persons with psychiatric disorders Peers-- may use drugs to self-medicate Denise B. Kandel, Ronald C. Kessler, Physicaldependence-- and Rebecca C. Margulies, "An­ Marc A. Schuckit, Drug and alcohol tecedents of adolescent initiation into Richard J. Frances and Michael H. abuse: A clinical guide to diagnosis and Allen, "The Interaction of substance-use stages of drug use: A developmental disQrders with nonpsychotic psychiatric treatment, 2nd edition (New York: analysis," in Longitudinal research on Plenum Press, 1984). disorders,· Psychiatry, volume 1, rav. drug use: Empirical findings and (Philadelphia: J.B. Lippincott Company, methodological issues, Denise B. Kan­ Heroin has an extremely high 1990), chapter 42,1-13 del, ed. (Washington: Hemisphere and potential ... Publishing Corporation, 1978), 73-100. William Booth, "Crack cocaine's lock on DEA, Drugs of abuse: 1988, :30-31. synaptic space," The Washington Post, Family-- March 19, 1990, p. A.3 Inhalants may also ... Denise B. Kandel, "Drug and drinking and Trevor G. Pollard, "Relative addiction behavior among youth," in Annual re­ potential of major centrally-active drugs view of sociology, volume 6, Alex Inke­ and drug classes -- Inhalants and les, Neil J. Smelser, and Ralph H. anesthetics," Advances in alcohol and Turner, eds., 1980, 235-285 substance abuse (1990),9(1/2):149- and 164.

Technical Appendix 11 Drugs, Crime, and the Justice System

NIDA, J. David Hawkins, Denise NIDA, J. David Hawkins, Denise School- lishner, and Richard F. Catalano, Jr., lishner, and Richard F. Catalano, Jr., Denise B. Kandel, "Drug and drinking "Childhood predictors and the preven­ "Childhood predictors and the preven­ behavior among youth," in Annual tion of adolescent substance abuse," in tion of adolescent substance abuse," in review of sociology, volume 6, Alex Etiology of drug abuse: Implications for Etiology of drug abuse: Implications for Inkeles, Neil J. Smelser, and Ralph H. prevention, Coryl LaRue Jones and prevention, Coryl LaRue Jones and Turner, eds., 1980, 235-285. Robert J. Battjes, eds., NIDA research Robert J. Battjes, eds., NIDA research monograph 56, 1985, 75-126. monograph 56,1985,75-126 Other factors- and Denise B. Kandel, "Drug and drinking Personality - Lee N. Robins, "Sturdy childhood pre­ behavior among youth," in Annual Denise B. Kandel, "Drug and drinking dictors of adult antisocial behaviour: review of sociology, volume 6, Alex behavior among youth," in Annual re­ Replications from longitudinal studies," Inkeles, Neil J. Smelser, and Ralph H. view of sociology, volume 6, Alex Inke­ Psychological medicine (1978), 8:611- Turner, eds., 1980, 235-285. les, Neil J. Smelser, and Ralph H. 622. Turner, eds., 1980, 235-285 For many youth, drug use is part of a and syndrome ... Richard Jessor and Shirley L. Jessor. Problem behavior and psychosocial development: A longitudinal study of Many begin to use drugs during early adolescence, youth (New York: Academic Press, but 18-year-olds have the highest risk 1977), 43-207. of beginning to use most drugs Hazard rate· Cigarettes Alcohol Marijuana Psychedelics Cocaine page 23 Age

1 0 0.0075 0 0 0 0.0083 0 0 Most people use alcohol, tobacco, 2 0 0 and other legal drugs before they 3 0 0.0072 0 0 0 start to use Illegal drugs 4 0.0023 0.0156 0 0 0 5 0.0022 0.0280 0 0.0013 0 Denise B. Kandel, "Drug and drinking 6 0.0057 0.0120 0.0004 0 0 behavior among youth," in Annual 7 0.0038 0.0148 0 0.0005 0 review of sociology, volume 6, Alex 8 0.0105 0.0314 0 0 0 Inkeles, Neil J. Smelser, and Ralph H. 9 0.0159 0.0290 0.0009 0 0 Turner, eds., 1980, 235-285. 10 0.0278 0.0590 0.0035 0 0 11 0.0372 0.0487 0.0085 0.0031 0 NIDA, National Household Survey on 12 0.0969 0.1078 0.0144 0 0.0005 Drug Abuse: Population estimates 13 0.1123 0.1482 0.0501 0.0059 0.0032 1991,1991, tables 3-A, 25; 6-A, 43; 14 0.1561 0.1947 0.0812 0.0166 0.0023 12-A, 77; 7-A, 47; 4-A, 29; 17, 102; 8-A, 15 0.1607 0.2975 0.1280 0.0316 0.0059 53. 16 0.2167 0.5127 0.1362 0.0399 0.0116 17 0.1805 0.5788 0.1470 0.0650 0.0141 Problems with drug use occur 18 0.1843 0.8731 0.2049 0.0409 0.0405 In the late teens and early 20s, 19 (i.i312 0.2745 0.1636 0.0243 0.0195 while problems with alcohol use appear later 20 0.0811 0.3219 0.1071 0.0203 0.0355 0.1794 0.0821 0.0144 0.0529 21 0.0663 Kimberly Christie Burke, Jack D. Burke, 22 0.0291 0.1757 0.0618 0.0131 0.0541 Darrell A. Regier, and Donald S. Rae, 23 0.0363 0.0291 0.0458 0.0082 0.0628 "Age at onset of selected mental disor­ 24 0.0030 0.0901 0.0488 0.0075 0.0674 ders in five community populations," 25 0.0426 0.1665 0.0316 0.0077 0.0380 Archives of General Psychiatry (June 1990),47:511-518. "The hazard rate Is the proportion of nonusers at the beginning of each age who become users during that yeilf. Source: Denla8 B. Kandel and John A. Logan, -Patterns of drug use from adolescence to young adulthood: Periods of risk for Initiation, stabilization and decline In use,· American Joumal of Public Health (1964),74(7):882.

12 Technical Appendix Drugs, Crime, and the Justice System

The average age at first use The easy availability of crack ... Treatment Outcome Prospective Study for State prison Inmates NIDA, "Cocaine and other stimulants," (TOPS)- was earlier than for in Drug abuse and drug abuse re­ Robert L. Hubbard, Mary Ellen Mars­ the household population search, Third triennial report to den, J. Valley Rachal, Henrick J. Har­ Congress from the Secretary, Depart­ wood, Elizabeth R. Cavanaugh, and BJS, Drug use and crime, Special ment of Health and Human Services, Harold M. Ginzburg, Drug abuse treat­ report, NCJ-111940, July 1988, table 7, 1991, 111-113. ment: A national study of effectiveness 5. (Chapel Hill: University of North Car­ olina Press, 1989), 90-91. page 25 How are Illegal drugs taken? A Research Triangle Institute study­ Mary Ellen McCalla and James J. Many plOpIe use additional drugs Collins, "Patterns of drug use among page 24 to counteract or heighten the effects male arrestees in three urban areas," of a particular drug unpublished paper, Research Triangle Institute, 1989, table 3,8. Drugs can be swallowed, sniffed, smoked, or Injected "Speedbalilng" - Jack H. Mendelson and Nancy K. Mello, Drug Use Forecasting Program (DUF)­ NIJ, 1990 Drug use forecasting annual NIDA, National Household Survey on "Commonly abused drugs," in Har­ rison's principles of internal medicine, report, NIJ research in action, NCJ- Drug Abuse: Main findings 1990, 1991, 130063, August 1991, 6. table 4.7, 58. 12th ed., Jean D. Wilson, Eugene Braunwald, et ai., ads. (New York: DEA, Drugs of abuse: 1989,30-31. McGraw-Hili Inc., 1991),2155-2158. How many people use illicit In 1991, almost 2% of the household For example, the effects of alcohol and drugs? population - marijuana on impairing performance are additive ... NIDA, National Household Survey on page 26 Drug Abuse: Population estimates Herbert Moskowitz, "Adverse effects of 1991,1991, table 19, 106. alcohol and other drugs on human per­ formance," Alcohol health and research More than 75 million persons world (Summer 1985), 9(4):11-15. The onset, magnitude, In the U.S. household population have usod illicit drugs and duration of drug effects ... and the combination of cocaine, differ by method of use heroin, and alcohol substantially increases the risk of medical NIDA, National Household Survey on NIDA, Reese T. Jones, "The pharma­ emergencies. - Drug Abuse: Population estimates cology of cocaine," Cocaine: Pharma­ Jack H. Mendelson and Nancy K. Mello, 1991, tables 2-A, 4-A, 5-A, 6-A, 7-A, 8- cology, effects, and treatment of abuse, 'Commonly abused drugs," in Har­ A, 9-A, 1Q-A, 11-A, 12-A, 13-A, i 6 and John Grabowski, ed., NIDA research rison's principles of internal medicine, 17. monograph 50, 1984, 44. 12th ed., Jean D. Wilson, Eugene Braunwald, et al., eds. (New York: Little Is known about The method of administering McGraw-Hili Inc., 1991),2155-2158. the prevalence of drug use some drugs may change In some populations Many drug users have used Along with recent increases in heroin more than one drug For example, drug use is thought to be production ... prevalent among the homeless ... National Narcotics intelligence Con­ Among members of the household Pamela J. Fischer, "Estimating the sumers Committee, The NNICC report population in 1990- prevalence of alcohol, drug and mental 1989: The supply of illicit drugs to the NIDA, National Household Survey on health problems in the contemporary United States, June 1990, 36-37 Drug Abuse: Highlights 1990, 1991. homeless popUlation: A review of the and literature," Contemporary Drug Prob­ National Narcotics Intelligence Con­ About 54°.4101 1he household lems (Fall 1989), 16(3):333-389. sumers Committee, The NNICC report populatio~C . 1988: The supply of illicit drugs to the NIDA, National Household Survey on United States, April 1989, 70 Drug Abuse: Main findings 1990, 1991, tab!e 10.2, 128.

Technical Appendix 13 Drugs, Crime, and the Justice System

... and among school truants ... In the 1988 survey of military Barbara F. Mensch and Denise B. Kan­ personnel- How does drug use vary del, "Underreporting of substance use Robert M. Bray, Mary Ellen Marsden, L. geographically? in a national longitudinal youth cohort," Lynn Guess, Sara C. Wheeless, Vin­ Public Opinion Quarterly (1988), cent G. lannachione, and S. Randall 52:100-124. Keesling, 1988 Highlights: Worldwide page 29 Survey of Substance Abuse and Health The proportion of drug users varies Behaviors Among Military Personnel across different populations (Research Triangle Park, NC: Re­ The drug of choice differs among search Triangle Institute, December major cities In the U.S. National Household Survey on Drug 1988), 3, table 8, 44. Abuse- NIDA, Epidemiologic trends in drug abuse: Proceedings, Community Epi­ NIDA, National Household Survey on Marijuana Is the most commonly Drug Abuse: Population estimates used illicit drug demiology Work Group, June 1991,3-7. 1991, 1991, table 1-A, 13; 2-A, 19. NIDA, National Household Survey on The prevalence of drug use High School Senior Survey­ Drug Abuse: Population estimates varies across urban and rural University of Michigan News and 1991, 1991, tables 3A, 8A, 4A, 2A. areas and regions of the U.S. Information Services, Press release of the results of the Monitoring the Future In the 1991 High School Senior NIDA, National Household Survey on project, Ann Arbor, January 27, 1992, Survey ... Drug Abuse: Main findings 1990, 1991, tables 1 and 3, 9. University of Michigan News and Infor­ tables 2.14, 3.2, 4.2. mation Services, Press release of the Worldwide Survey of Substance Abuse results of the Monitoring the Future pro­ Drug and alcohol use among youth and Health Behaviors Among Military'" ject, Ann Arbor, January 27, 1992, ta­ are similar In rural and nonrural Personnel- bles 1-3. areas Robert M. Bray, Mary Ellen Marsden, L. Lynn Guess, Sara C. Wheeless, GAO, Rural drug abuse: Prevalence, Vincent G. lannacchione, and What are the characteristics relation to crime, and programs, S. Randall Keesling, 1988 Highlights: GAO/PEMD-90-24, September 1990, Worldwide Surv~y of Substanco Abuse of illicit drug users? table 11.1, 17. and Health Behaviors Among Military Personnel (Research Triangle Park, page 28 NC: Research Triangle Institute, December 1988). How Is drug use In the U.S. Who Is mast likely to use changing? Survey of Jail Inmates- Illicit drugs? BJS, Profile of jail inmates, 1989, page 30 Special report, NCJ-129097, April 1991 ; NIDA, National Household Survey on 1, table 13, 8. Drug Abuse: Population estimates 1991, 1991, tables 2A-2D, 19-21. What are the trends In drug use Survey of State Prison Inmates- for various populations? BJS, Profile of State prison inmates, 1986, Special report, NCJ-1 09926, Jan­ Self.reported marijuana and cocaine uary 1988, 1, 2, table 10 and ii, 6-7. use differs for white and black Household population. high school seniors NIDA, National Household Survey on Drug Abuse: Main findings 1990, 1991, Jerald G. Bachman, John M. Wallace 13-18. page 27 Jr., Patrick M. O'Malley, Lloyd D. John­ ston, Candace L. Kurth and Harold W. High school seniors. Neighbors, "Racial/ethnic differences in NIDA, Lloyd D. Johnston, Patrick M. Many Americans, particularly smoking, drinking, and illicit drug use the young, have used illicit drugs O'Malley, and Jerald G. Bachman, among American high school seniors, Drug use among American high school 1975-90,· American Journal of Public seniors, col/ege students and young In 1991, according to the High School Health (March 1991), 81 (3):372-377 adults, 1975-1990, volume 1,1991, Senior Survey- and table 10,52; table 12, 54; and volume University of Michigan News and Infor­ HHS, ADAMHA, Press release, State­ 2, 1991, 129-132. mation Services, Press release of the ment of Frederick K. Goodwin, Adminis­ results of the Monitoring the Future pro­ trator, December 19, 1991. ject, Ann Arbor, January 27, 1992.

14 Technical Appendix Drugs, Crime, and the Justice System

College eth"'~ .. Marijuana and cocaine use are declining for all age groups William A. Anderson, Richard R. Al­ brecht, Douglas B. McKeag, David O. Use In past month of: Hoogh, and Christopher A. McGrew, "A Marijuana Cocaine national survey of alcohol and drug use 12·17 18·25 26+ 12·17 18·25 26+ by college athletes," The physician and Year sports medicine (February 1991), 1972 7.0 27.8 2.5 .6 19(2):91-102. 1974 12.0 25.2 2.0 1.0 3.1 MIlIt_ry ".rsonne/. 1976 12.3 25.0 3.5 1.0 2.0 Robert M. Bray, Mary Ellen Marsden, L. 19n 16.6 27.4 3.3 .8 3.7 Lynn Guess, Sara C. Wheeless, Vin­ cent G. lannachione, and S. Randall 1979 16.7 35.4 6.0 1.4 9.3 .9 Keesling, 1988 Highlights: Worldwide Survey of Substance Abuse and Health 1982 11.5 27.4 6.6 1.6 6.8 1.2 Behaviors Among Military Personnel (Rssearch Triangle Park, NC: Re­ 1985 12.0 21.8 6.1 1.5 7.6 2.0 search Triangle Institute, December 1988 6.4 15.5 3.9 1.1 4.5 .9 1988),8. 1990 5.2 12.7 3.6 .6 2.2 .6

Prison snd lsi/Inmates. Source: NIDA, National Household Survey on Drug Abuse: Population estimates 1991, 1991. Law Enforcement Assistance Adminis­ tration, Profile of State prison inmates: Sociodemographic findings from the Despite statistics ... 1974 SUrv9Y of Inmat9s of State Cor­ HHS, Press release, Statement of Louis page 31 r9Ctional Facilities, National Prisoner W. Sullllt'an, Secretary of the Depart­ Statistics special report, NCJ-582S7, ment of Health and Human Services, August 1979, 19 December 19, 1990, 1-5 Use of specific illicit drugs and alco­ and and hol has decreased among the most BJS. ProfiJ9 of State prison inmates, ONDCP, National drug control strategy: drug-prone age group 1986, Special report, NCJ-109926, A Nation responds to drug use, January January 1988 table 11, 6 1992,6-7. NIDA, National Household Survey on and DrugAbuse: Main findings 1990, 1991, BJS, Profile of jail inmat9s, 1989, Among those in the U.S. household table 2.11 Special report, NCJ-129097, April 1991, population who usad cocaine ... and table 13, B. NIDA, National Household Survey on National Household Survey on Drug Drug Abuse: Population estimates Abuse: Population estimates 1991, illicit drug U88 decreased 1990, 1991, tables 20-A, 20-B, 20-C, 1991. In recent year. for most 20-0,111-113 but not all groups and Declines In drug-,elated medical NIDA, National Household Survey on emergencies reinforce the findings Between 1985 and 1991, the percent Drug Abuse: Population estimates of household surveys of the household population ... 1991,1991, tables 21-A, 21-B, 21-0, NIDA, National Household Survey on 21-0,115-117. Drug Abuse Warning Network Drug Abuse: Main findings 1988, 1990, (DAWN)- table 2.16 The percent of college students who HHS, Press release, Statement of Louis and used cocaine or marijuana ... W. Sullivan, Secretary of the Depart­ NIDA, National Hous9hold Survey on University of Michigan News and Infor­ ment of Health and Human Services, Drug Abuse: Population estimat9s mation Services, Press release of the December 19, 1990. 1990,1991, table 2-A, 17 resuhs of the Monitoring the Future and project, Ann Arbor, January 27, 1992, CEWG- NUDA, National HOUS9hold Survey on table 10. NIDA Epidemiologic trends in drug Drug Abuse: Population estimates abuse: PrrJc6edings, Community 1991,1991, table 2-A. 19. . Epidemiology Work Group, December 1989, viii, 2 and tables 1, 4, 7, "and 10.

Technical Appendix 15 Drugs, Crime, and the Justice System

Chapter II Dynamics of the illegal drug business

National Narcotics Intelligence Con­ Climate and soli cond~ions favor ... How big Is the Illegal drug sumers Committee, The NNICC report Merrill Collett, The cocaine connection: business? 1990: The supply of illicit drugs to the Drug trafficking and inter-~meric~n United States, June 1991, 34. relations (New York: ForeIgn Policy Association Headline Series, Fall 1989), page 36 35 Where Illegal drugs come and do Mary H. Cooper, The business of drugs Thousands of tons of Illegal drugs from? (Washington: Congressional Quarterly are produced and sold Inc., 1990), 6-11. page 37 Bureau of International Narcotics Mat­ ters, U.S. Department of State, interna­ Most marijuana consumed In the U.S. Is from other countries In the Ameri­ tional narcotics control strategy report, MariJuana, cocaine, and opium are March 1991,22. cas, but the U.S. also supplies much made from agricultural crops of Its own market Americans spfmd vast sums In some countries ... of money for Illegal drugs Mary H. Cooper, The business of drugs National Narcotics Intelligence Con­ (Washington: Congressional Quarterly sumers Committee, The NNICC report Inc., 1990),4-7. 1990: The supply of illicit drugs to the The White House, ONDCP, What United States, June 1991, 30-34. America's users spend on illegal drugs, Technical Paper, June 1991, 3. In Turkey ... Peter T. White, "The poppy,. National U.S. House of Representatives, Fact Geographic, February 1985, page 38 sheet: The human costs of drug traf­ 167(2):142-189. ficking and abuse, Select Committee on Narcotics Abuse and Control, August Large volumes of Illegal drugs Most hashish consumed In the U.S. 1988. mllde from agricultural crops comes from the Middle East are smuggled Into the u.s. and Southwest Asia For a discussion of the reliability of esti­ mates of the size of the illicit drug indus­ Bureau of International Narcotics Mat­ National Narcotics Intelligence Con­ try see: ters, U.S. Department of State, Interna­ sumers Committee, The NNICC report Peter Reuter, "The (continued) vitality of tional narcotics control strategy report, 1990: The supply of illicit drugs to the mythical numbers,· The Public Interest. March 1991, 22. United States, June 1991, 38. (Spring 1984), 75:135-147. Many other nations are Involved Opium-based drugs consumed In drug production and trafficking Illegal drug ventures employ In the U.S. come from Southeast a great many people and S" !H'I'.'lIest Asia and Mexico National Narcotics Intelligence Con­ In Peru, Bolivia, and Colombia ... sumers Comm~tee, The NNICC report Bureau of International Narcotics Mat­ 1990: The supply of illicit drugs to the Merrill Collett, The cocaine connection: ters, U.S. Department of State, Interna­ Drug trafficking and inter-~meric,,!n United States, June 1991, 8-12 and 24- tional narcotics control strategy report, 26. relations (New York: Foreign Pohcy March 1991, 22. Association Headline Series, Fall 1989), 48. Opium poppy fields tend ... Mary H. Cooper, The business of drugs In Peru ... (Washington: Congressional Quarterly Mary H. Cooper, The business of drugs Inc., 1990), 59-150. (Washington: Congressional Quarterly Inc., 1990), 4, ii, 59. Coca, the base plant for cocaine, The relative size of the illegal drug Is grown primarily In South America business ... U.S. Bureau of the Census, Census of Bureau of International Narcotics Mat­ manufacturers, as reported in Statistical ters, U.S. Department of State, Interna­ abstract of the United States, 1990, tional narcotics control strategy report, 110th adition, 735-737, table 1296 March 1991, 22. and

16 Technical Appendix Drugs, Crime, and the Justice System

Where are Illegal drug crops grown? Chomlc;als legally produced Designer drugs are chemically In the U.S. are frequently used similar to many controlled drugs 1991 ntlmalad drug production to process illicit drugs In mltrlc toni The fentanyls are ... Countrl .. Opium Coca Marl/uana New chemicals are added ... Gary L. Henderson, "Designer drugs: GSA, National Archives and Records Past history and future prospects," SWAala Service, Office of the Federal Register, Journal of Forensic Sciences (March Afghanlslan 400 Iran 300 Federal Register, 56(187):48732. 1988), 33(2):569-575 Paklslan 125 and SEAlla The monitoring of chemicals ... Burma 2,2SO Jonathan Hibbs, Joshua Perper, and laos 2SO The White House, ONDCP, National Charles L. Winek, "An outbreak of de­ Thailand 39 drug control strategy: A nation signer drug-related deaths in Pennsyl­ MlddllElllt responds to drug use, January 1992, vania," Journal of the American Medical Lebanon 40 88. Central Association (1991), 265(8):1011-1013. Amlrlca Mexico 55 16,000 As noted in Chapter III ... Jamaica 600 Clayton L. Smith, "The controlled sub­ Belize 50 page 41 Gualamaia 10 stance analogue enforcement act of South Amlrlca 1986: The compromising of criminaliza­ Colombia 31 ,000 1,500 Cannabis plants can be processed tion," American Journal of Criminal Law Bolivia 56,SOO (1988),16(1):107-138. Ecuador 100 to produce hashish or hashish 011 Peru 136,300 North Amlrlca DEA, 1990 Domestic Cannabis Eradica- 449 methamphetamine laboratories United Slates' 5,500 tion/Suppression Program, December were seized In the U.S. In 1990 'U.S. estimates are for 1990 and are from the Na­ 1990,2. tional Narcotics Intelligence Consumers Committee, Methamphetamino The NNICC report 1990: The supply of illicit drugs Year labs seized 10 the United States, June 1991, 32. Some commonly used Illegal drugs are produced In clandestine 1975 11 Source: Bureau of International Narcotics Matters, laboratories In the U.S. 1976 36 U.S. Department of Slate, International narcotics 1977 46 control strategy report, March 1991 , 22. Some of these drugs ... 1976 139 National Narcotics Intelligence Con­ 1979 137 sumers Committee, The NNICC report 1960 126 How ere Illegal drugs made? 1988: The supply of illicit drugs to the 1961 67 United States, April 1989, 55-59. 1962 132 page 40 1963 119 Most laboratories ... 1964 DEA, Drugs of abu.se: 1989, 53. 121 1965 257 Cocaine and heroIn are usually processed outside the U.S. The stimulant methamphetamine ... 1986 372 Karoline S. Puder, Doreen V. Kagan, 1967 561 Coca- and John P. Morgan, "Illicit metham­ 1986 667 DEA, Coca cultivation and cocaine pro­ phetamine: Analysis, synthesis, and 1969 663 cessing: An overview, February 1991. availability," American Journal of Drug 1990 449 and Alcohol Abuse (1988), 14(4):463- Opium- 465. Source: DEA, as presented In BJS Sourcebook National Narcotics Intelligence Con­ of criminal Justice statistics, 1990, NCJ-130560, sumers Committee, The NNICC report Setting up ala!:? ... 1991, lable 4.43. 1990: The supply of illicit drugs to the U.S. House of Representatives, United States, June 1991, 18. Committee on Government Operations, Clandestine manufacturing of danger­ ous drugs, House Report 99-70, 1986, 8.

Technical Appendix 17 Drugs, Crime, and the Justice System

Many ways are used to smuggle Illegal drugs How do Illegal drugs reach the U.S.? Sources are presented for each entry In the orglnal table

page 44 Cocaine and heroin Associated Press, "Cocaine bound for Ba~imore is seized," Baltimore Sun, By courier May 24, 1990, 8C. Drugs are smuggled Into the U.S. by land, air, and sea United Press International, "Suspect Sandra Dibble, "Cocaine found in 6 had cocaine surgically implanted in bottles of Malta," Miami Herald, The U.S. has 88,633 miles of coastline legs," press release, AprilS, 1990. August 7, 1990, 1B. and ... U.S. Department of Commerce, Na­ Richard L. Berke, "New forms of inter­ Sallie Hughes, "Agents seize coke, tional Oceanic Atmospheric Administra­ state commerce: Drugs are stealing cash, nab 6," Miami Herald, March 2, tion, The coastline of the United States, through U.S.," New York Times, Au­ 1990,5B. Nautical Charting Branch, 1975 gust 27, 1989, 1. and Joseph B. Treaster, "Bypassing U.S. Department of Interior, Franklin K. Jack Kelly, "Narcotics smuggled inter­ borders, more drugs flood ports," New Van Zandt, Boundaries of the United nally," USA Today, February '1,1990, York Times, April 29, 1990, 1. States and the several States, Geologi­ 3A. cal Survey Bulletin 1212, 1966. Joseph B. Treaster, "Bypassing Richard L. Berke, "Drug rings turn borders, more drugs flood ports," New There are 300 ports of entry to the border into a vast route to U.S.," New York Times, April 29.1990, 1. u.S .... York Times, August 27, 1989, 1. U.S. Customs Service, Leo Morris, Associated Press, "Drugs enter U.S. October 18, 1991, unpublished data. Richard L. Berke, "Drug rings turn in the darnsdest ways," Washington border Into a vast route to U.S.," New Times, August 10, 1989, A3. York Times, August 27, 1989, 1. The type of transportation Associated Press, "Drugs enter U.S. used to smuggle drugs Nancy Lewis and Michaei Isikoff, "By in the darnedest ways," Washington varies by drug type highway and air, California connection Times, August 10, 1989, A3. supplied D.O.," The Washington Post, GAO, Drug smuggling: Large amounts September 4, 1989, Ai. Jack Sirica, "'Super Mafia, more of illegal drugs not seized by Federal heroin seen in '90's," Newsday, authorities, GAO/GGD-87-91 , June Associated Press, "Agents find drug August 22,1990,15. 1987,29. tunnel to U.S.," New York Times, May 19,1990,7. DOJ, U.S. Attorneys, Joseph P. Russoniello, "Northern District of Michaellslkoff, "Federal officials seize California," A nationwide report on 12-ton cocaine shipment," Washington drug trafficking: A report to the Post, December 3, 1991, A4. Attorney General from the United States Attorneys, 17. Douglas Farah, "Ecuador is drawn deeper into cocaine trade," Washing­ Andres Oppenheimer, "Colombian ton Post, September 4,1990, A12. drug operations spread to neighbor nations," Miami Herald, May 8,1990, Mike McQueen, "Trial gives rare 1A. glimpse of coke cartel," Miami Herald, August 13, 1990, lB. "Cocaine smugglers conceal drugs in vinyl," Drug Enforcement Report, Michaellsikoff and Tracy Thompson, September 24, 1991. "Getting too tough on drugs," Washington Post, November 4, 1990, 01.

Continued on next page.

18 Technical Appendix, Drugs, Crime, and the Justice System

page 45 page 46

Many ways are used to smuggle Illegal drugs. cont. The route8 for transporting drug. to the U.S. are sometlme8 Smuggling In aircraft. bOlts. Marijuana and other drug8 called pipelines and motor vehicles DOJ, U.S. Attorneys, Joseph P. Rus­ Peter Reuter, "Eternal hope: America's State of Texas, Office of the Governor, sonlello, "Northern District of Califor­ quest for narcotics control," The Public Criminal Justice Division, Governor's nia," A nationwide report on drug Interest (Spring 1985), 79:79-95. Task Force on Drug Abuse, January trafficking: A report to the Attorney 1990,10. General from the United States Attor­ neys,11. page 47 David lyons, Former Eastern workers' drug-smuggling trial opens, If Miami DOJ, U.S. Attorneys, Joseph P. Rus­ Herald, November 7, 1990, 38. soniello, "Northern District of Cocaine trafficking to the U.S. origi­ California," A nationwide report on nates In the Western Hemisphere John Dillin, "Agents prowl for wily drug drug trafficking: A report to the Attor­ 'mules'," Christian Science Monitor, ney General from the United States At­ October 19, 1989, 7. torneys, 11. National Narcotics Intelligence Con­ sumers Committee, The NNICC report Edmund Mahony, "Agents seize drug," DOJ, U.S. Attorneys, J.B. Sessions III, 1990: The supply of illicit drugs to the Hartford Courant, September 20, 1990, "Southern District of Alabama," A na­ United States, June 1991, 3-5. e9. tionwide report on drug trafficking: A report to the Attorney General from the Paul Weingarten and James Coates, United States Attorneys, 2 page 48 "Drugs blaze new paths," Chicago and Tribune, September 12,1989,1. DOJ, U.S. Attorneys, Robert J. Wortham, "Eastern District of Texas," Heroin Is smuggled to the U.S. Paul Weingarten and James Coates, A nationwide report on drug trafficking: across the Atlantic and Pacific "Drugs blaze new paths," Chicago Tri­ A report to the Attorney General from C088t8 and the southern border bune, September 12, 1989, 1. the United States Attorneys, 13-14. with Mexico

DOJ, U.S. Attorneys, Stephen M. DOJ, U.S. Attorneys, Stephen M. National Narcotics Intelligence Can­ McNamee, "District of Arizona," A na­ McNamee, "District of Arizona," A na­ sume:s Committee, The NNICO report tionwide report on drug trafficking: A tionwide report on drug trafficking: A 1990: The supply of illicit drugs to the f9port to the Attorney General from the report to the Attorney General from the UnitedStates,June 1991,14-17. United States Attorneys, 4. United States Attorneys, 5.

Peter T. White, "The poppy," National Mack Reed, "3 in Delaware held on Geographic (February 1985),167:155. charges of receiving drugs in mail," psge50 Philadelphia Inquirer, March 7, 1990, Nancy lewis and Michaellsikoff, "By 3B. highway and air, California connection Marijuana consumed In the U.S. supplied D.C.," Washington Post, DOJ, U.S. Attorneys, Frank W. come8 primarily from Latin American September 4, 1989, A1. Donaldson, "Northern District of and domestic source8 Alabama," A nationwide report on drug Marijuana is smuggled in bulk ... Associated Press, "Drugs enter U.S. In trafficking: A report to the Attorney the darnedest ways," Washington General from the United States Attor­ National Narcotics Intelligence Con­ Times, August 10, 1989, A3. neys,1. sumers Committee, The NNIOO report 1990: The supply of illicit drugs to the Richard l. Berke, "Drug rings turn DOJ, U.S. Attorneys, Frank W. United States, June 1991, 35-38. border into a vast route to U.S.," New Donaldson, "Northern District of YOM Times, August 27, 1989, 1. Alabama," A nationwide report on drug Domestically, marijuana is grown ... trafficking: A report to the Attorney DEA, Domestic Oannabis Eradication/ General from the United States Attor­ Suppression Program, December 1990, neys,1. 25-26.

Technical Appendix 19 Drugs, Crime, and the Justice System

Growers use modern technology ... For example ... "The pothouse effect," The Economist page 53 DEA, "From the source to the street: (December 15, 1990), 24. Mid-1991 prices for cannabis, cocaine, and heroin" Intelligence trends, DEA recently seized ... Retail drug markets operate forthcoming, 7. DEA, 1990 Domestic Cannabis Eradica­ In various private and public places tion/Suppression Program, December 1990,31. Illegal drug prices vary greatly Patricia A. Adler, Wheeling and dealing: from one place to another An ethnography of upper-level drug dealing and smuggling community DEA, Illicit drug wholesalelretail price How are Illegal drugs sold? (New York: Columbia University Press, report, United States, July-September, 1985). 1990. The DEA produces this report page 52 quarterly and it is available from the Drugs are sometimes used and DEA's Public Information Section. Price exchanged In "shooting galleries" levels are established by combining dif­ Illegal drugs are broken Into or "crack houses" ferent price information sources. These smaller units and distributed sources include: DEA Intelligence, domestically through "chains" Places where heroin users gather ... prices paid for drugs by the DEA, price Sheigla Murphy and Dan Waldorf, reports from local police departments, Clifford L Karchmer, Strategies for "Kick in' down to the street doc: Shoot­ price information from informants, and combatting narcotics wholesalers, ing galleries in·the San Francisco Bay price information from arrested drug (Washington: Police Executive area," Contemporary Drug Problems dealers. (Source: Personal communi­ Research Forum, forthcoming). (Spring 1991), 18(1 ):9-29. cation with DEA Public Information Of­ fice.) Research in Detroit- Buying and seiling drugs often Thomas Mieczkowski, "Crack distribu­ DEA, Domestic Monitor Program: Involve complex exchange tion in Detroit,· paper presented at the schemes and a variety of roles A fiscal year 1990 report on the source, American Society of Criminology An­ cost and purity of retail level heroin, July nual Meeting, Chicago, 1988,7-8. 1991, 19-22. Bruce D. Johnson, Terry Williams, Kojo A. Dei, and Harry Sanabria, "Drug Why do Illegal drug prices va'iY? abuse in the inner city: Impact on hard-drug users and the community," in What affects the prices Drugs and crime, volume 13, Crime for Illegal drugs? DEA, Illicit drug wholesale/retail price and justice, Michael Tonry and James report, United States, July-September, Q. Wilson, eds. (Chicago: The Univer­ page 54 1990. sity of Chicago Press, 1990), 19. megal drug dealers try to win sales Losses from law enforcement How do Illegal drug prices affect by differentiating their products and other factors Increase the price of drugs the extent of use? Paul J. Goldstein, Douglas S. Lipton, page 55 Edward Preble, Ira Sobel, Tom Miller, The White House, ONDCP, National William Abbott, William Paige, and drug control strategy 1991, February 1991,96-98. Franklin Soto, "The marketing of street How do price changes affect heroin in New York City," Journal of Illegal drug buying? Drug Issues (Summer 1984), 553-566. megal drug prices Increase at each stage of trafficking "New Jack City" and "Tango and Mark H. Moore, "Policies to achieve Price increases of illegal drugs ... discrimination on the effective price of Cash"- heroin," American Economic Review "Potent heroin hitting streets of Peter Reuter and Mark A. R. Kleiman, (May 1973) 63(2):270-277 Baltimore," Narcotics Control Digest "Risks and prices: An economic analy­ and (October 9, 1991),21 (21 ):6 sis of drug enforcement," in Crime and Mark H. Moore, "Limiting supplies of and justice, Michael Tonry and Norval Mor­ drugs to illicit markets," Journal of Drug David Zucchino, Amy Rosenberg, ris, eds., volume 7 (Chicago: The Uni­ Issues (Spring 1979), 9:291-308. Thomas J. Gibbons, Jr., "U.S. probes versity of Chicago Press, 1986), 289- drug deaths in region," Philadelphia 340. Inquirer, March 8, 1991, 1.

20 Technical Appendix Drugs, Crime, and the Justice System

The price elasticity of demand DEA, Firearms seizure report, fiscal varle. from drug to drug year 1991, January 1992. How Is the Illegal drug business organized? The demand for cocaine ... Countries around the world Karl Verebey and Mark S. Gold, "From are affected by drug trafficking coca leaves to crack: The effects of violence page 57 dose and routes of administration in abuse liability," Psychiatric Annals According to a DEA report ... (September 1988), 18(9):513-520 DEA, unpublished data, 1991. Is drug trafficking "organized and crime?" Norman S. Miller, Mark S. Gold, and The Justice Minister was gunned Robert B. Millman, "Cocaine: General down ... Mary H. Cooper, The business of drugs characteristics, abuse, and addiction," Bruce M. Bagley, "Colombia and the (Washington: Congressional Quarterly New York State Journal of Medicine war on drugs," Foreign Affairs (1988), Inc., 1990), 12. (July 1989), 89(7):390-395. 70-92. Traditional organized crime The average price of a marijuana In 1985 a terrorist group ... Is heavily Involved In drug cigarette ... Carl Manning, "Army rescues hostages, trafficking In the U.S. Mark A. R. Kleiman, Marijuana: Cost but 12 judges reported dead in ministry of abuse, cost of control (New York: siege," The Associated Press, Greenwood Press, 1989),93. Ralph Blumenthal, Last days of the November 8, 1985. Sicilians: At war with the mafia, the FBI assault on the pizza connection The DEA has documented cases ... (New York: Random House, Inc., What roles do violence and David L. Westrate, Drug Enforcement 1988), 295, 308. Administration, testimony before the corruption play In the distribution Select Committee on Narcotics Abuse and sale of drugs? and Control, November 1, 1989, 1-6. Many domestic drug trafficking groups are not highly ~rganlzed page 56 BATF investigations in Latin America revealed ... One analysis suggested ... Phil A. Orsini, Bureau of Alcohol, Peter Reuter, Disorganized crime: The Violence may result from Tobacco and Firearms, testimony be­ economics of the visible hand (Cam­ revolving credit arrangements fore the Select Committee on Narcotics bridge, MA: MIT Press, 1983), 131. to finance drug transactions Abuse and Control, November 1, 1989, 1-10. An analysis in New York City ... Bruce D. Johnson, Terry Williams, Kojo Bruce D. Johnson, Terry Williams, Kojo A. Dei, and Harry Sanabria, "Drug A. Dei, and Harry Sanabria, "Drug To facilitate their activities abuse in the inner city: Impact on hard­ abuse in the inner city: Impact on hard­ drug traffickers attempt drug users and the community," in drug users and the community, in Drugs to corrupt public servants Drugs and crime, volume 13, Crime and and crime, volume 13, Crime and jus­ Justice, Michael Tonry and James Q . tiC9, Michael Tonry and James Q. Wil­ ... one study identified ... Wilson, eds. (Chicago: The University son, eds. (Chicago: The University of Kevin B. Zeese, "Drug-related corrup­ of Chicago Press, 1990), 17-23. Chicago Press, 1990),30-67. tion of public officials," Drug Law Report (March-April 1986), 1(20):229-237. Drug production and distribution Firearm violence has become may be becoming more organized • key feature of drug trafficking Examples of police corruption identified by one researcher ... In the 1960s and 1970s in New York Paul J. Goldstein, Henry H. Brownstein, David L. Carter, "Drug-related corrup­ City ... tion of police officers: A contemporary Patrick J. Ryan, and Patricia A. Bellucci, Bruce D. Johnson, Terry Williams, Kojo typology," Journal of Criminal Justice, "Crack and homicide in New York City, A. Dei, and Harry Sanabria, "Drug 18(1990):88, 90. 1988: A conceptually based event anal­ abuse in the inner city: Impact on hard­ ysis,· Contemporary Drug Problems drug users and the community," in (Winter 1989),16(4):651-687. Drugs and crime, volume 13, Crime and Justice, Michael Tonry and James Q. BATF, Weapons seizures report, no Wilson, eds. (Chicago: The University date. of Chicago Press, 1990), 17-23.

Technical Appendix 21 Drugs, Crime, and the Justice System

It is difficult in the illegal drug market The Mafia has been Involved There is evidence of cooperation ... to ... In the heroin trade for decades President's Commission on Organized Mary H. Cooper, The business of drugs Crime, America's habit: Drug abuse, (Washington: Congressional Quarterly Ralph Blumenthal, Last days of the drug trafficking, and organized crime, Inc., 1990), 3. Sicilians: At war with the mafia, the FBI 1986,157-158. assault on the pizza connection (New Some drug organizations have York: Random HOUSEl, Inc., 1988). Are youth gang members Involved consolidated their activities In drug distribution as a group? National/ethnic/racial groups Mary H. Cooper, The business of drugs are sometimes Involved This view is most common for the (Washington: Congressional Quarterly In drug distribution "Crips" and the "Bloods" ... Inc., 1990), 11-12. U.S. Attorneys and the Attorney Gen­ Chinese, Thai, and Sicilian groups­ eral, Drug trafficking: A report to the Mary H. Cooper, The business of drugs President of the United States, August (Washington: Congressional Quarterly 3, 1989, 33-35. Who produces, distributes, and Inc., 1990),65-70. sells Illegal drugs? However, research completed to date ... Mexican nationals- Jeffrey Fagan, "The social organization page 58 President's Commission on Organized of drug use and drug dealing among Crime, America's habit: Drug abuse, urban gangs,~ Criminology, (November drug trafficking, and organized crime, 1989), 27(4):633-667 A limited number of cocaine and 1986,107-111. and heroin cartels that control Imports Malcolm W. Klein, Cheryl L. Maxson, to the U.S. have baen Identified Chinese street gangs- and Lea C. Cunningham," 'Crack,' Mary H. Cooper, The business of drugs street gangs, and violence," The Medellin and Cali cartels in Colom­ (Washington: Congressional Quarterly Criminology (1991), 29(4):623-650 bia have controlled ... Inc., 1990), 65-70 and Mary H. Cooper, The business of drugs and NIDA, Joan Moore, "Gangs, drugs, and (Washington: Congressional Quarterly President's Commission on Organized violence," in Mario de la Rosa, Inc., 1990), 13. Crime, America's habit: Drug abuse, Elizabeth Y. Lambert, and Bernard drug trafficking, and organized crime, Gropper ads., Drugs and violence, The Mafia has been ... 1986,115-116. NIDA research monograph 103, 1990, Ralph Blumenthal, Last days of the 160-176 Sicilians: At war with the mafia, the Nigerians- and FBI assault on the pizza connection DEA, Sharon Lumpkin, "A national Irving A. Spergel, "Youth gangs: Conti­ (New York: Random House, Inc., drug-specific implementation strategy to nuity and change," in Crime and justice: 1988). reduce drug abuse and drug trafficking," A review of research, Michael Tonry November 17,1989,174-177. and Norval Morris, eds., volume 12 The cocaine cartels wield (Chicago: The University of Chicago extraordinary economic Jamaican, Cuban, and Dominican Press, 1990), 171-275. and political power youths- Mary H. Cooper, The business of drugs Some law enforcement officials would disagree ... The Medellin cartel is said to have its (Washington: Congressional Quarterly own 200-man army. Inc., 1990),32-37. OJJDP, Kay C. McKinney, Juvenile DEA, Sharon Lumpkin, "A national gangs: Crime and drug trafficking, NCJ-113767, reprinted from September drug-specific implementation strategy to ... violence appears to be ... reduce drug abuse and drug trafficking," DEA, Sharon Lumpkin, "A national 1988 and November17,1989,83 drug-specific implementation strategy to Sari Horwitz, "Violent gangs 'all over and reduce drug abuse and drug trafficking," November 17, 1989, 163. city,' D.C. Chief says," The Washington Mary H. Cooper, The business of drugs Post, September 21, 1991, Ai, A8, (Washington: Congressional Quarterly Inc., 1990), 15. Some motorcycle gangs have been Involved In drug distribution For much of the 1980s the two cartels agreed ... Official sources show ... Mary H. Cooper, The business of drugs U.S. Attorneys and the Attorney Gen­ (Washington: Congressional Quarterly eral, Drug trafficking: A report to the Inc., 1990), 25, 34. President of the United States, August 3,1989.

22 Technical Appendix Drugs, Crime, and the Justice System

A 1985 study of the economics of drug The purity per kilogram of cocaine ... page 59 buying and selling - National Narcotics Intelligence Con­ Bruce D. Johnson, Paul J. Goldstein, sumers Committee, The NNICC report Edward Preble, James Schmeidler, 1990: The supply of illicit drugs to the Some very young Juvenile. Douglas S. Lipton, Barry Sp~nt, and United States, June 1991, 1-2. are seiling drug. Thomas Miller, Taking care of business: The 8oonomics of crime by heroin "Tango and Cash" - abUS8rs (Lexington, MA: Lexington "Just dying for a fix," Tim8, February 18. Peter Reuter, Robert MacCoun, and Books, 1985), 70. Patrick Murphy, Money from crime: A 1991,45 study of th8 8COnomics of drug dealing and A Washington, D.C. study- "Heroin-based "designer" drug kills 11 in Washington, D. C. (Santa Monica, Peter Reuter, Robert MacCoun, and CA: The RAND Corporation, June in three northeast states,· The Wash­ Patrick Murphy, Money from crime: A 1990), RAND/R-3894-RF, 29. ington Post, February 4, 1991, A12. study of the 8COnomics of drug dealing in Washington, D. C. (Santa Monica, Many retail drug sellers CA: The RAND Corporation, June are also users 1990), RAND/R-3894-RF, 66. page 61 Drug Use Forecasting Program- NIJ, 1990 Drug US8 for8casting annual Is drug dealing a full·tlme New Illegal drugs are Introduced less r8port, NIJ research in action, NCJ- occupation? frequently than new legal drugs 130063, August 1991. Peter Reuter, Robert MacCoun, and In 1988, the U.S. Food and Drug Often the major reason for being a Patrick Murphy, Money from crime: A Administration approved 20 drugs ... distributor ... study of the economics of drug dealing Pharmaceutical Manufacturers Associa­ Bruce D. Johnson, Paul J. Goldstein, in Washington, D.C. (Santa Monica, tion, Modern medicines: Saving lives Edward Preble, James Schmeidler, CA: The RAND Corporation, June and money, Washington (1989). Douglas S, Lipton, Barry Spunt, and 1990), RANDIR-3894-RF, 5, 66. Thomas Miller, Taking car8 of business: Ice- The 8COnomics of crime by heroin The White House, ONDCP, National drug control strategy 1991, February abusers (Lexington, MA: Lexington How do the production, distribu­ Books, 1985) .1991,74. tion, and sale of Illegal drugs com­ One study found that most iuvenile drug pare with those of legal products? Crack cocaine- dealers ... GAO, Controlling drug abuse: A status Paul J. Brounstein, Harry P. Hatry, page 60 report, Special report from the David M. Altschuler, and Louis H. Blair, Comptroller General of the United Patterns of substance use and delin­ States, GAO/GGD-88·39, 1988, 8. quency among inner city adolescents Illegal drugs are produced (Washington: The Urban Institute, July and distributed In some of the same Designer drugs- 1989). ways as legal commodities GAO, Controlling drug abuse: A status r8port, Special report from the Comptroller General of the United A few drug daalers make Bruce D. Johnson, Terry Williams. Kojo States, GAO/GGD-88-39, 1988, 3, 18. large amounts of money, A. Del, and Harry Sanabria, "Drug but most do not abuse In the inner city: Impact en hard­ drug users and the community," in Unlike legal business operations, an One study indicates that many ... Drugs and crime, volume 13, Crime and Illegal drug operation cannot legally Clifford L. Karchmar, Strategies for justic8, Michael Tonry and James Q. be flnlmeed by the banking Industry combatting narcotics wholesalers, Wilson, eds. (Chicago: The University (Washington: Police Executive of Chicago Press, 1990), 18-20. Peter Reuter and John Haaga, The or­ Research Forum, forthcoming). ganization of high-level drug markets: The production and sale An exploratory study (Santa Monica, of Illegal drugs escape CA: The RAND Corporation. February regulatory scrutiny 1989), RAND/N-2830-NIJ, xii, 49 and Before a legal drug is sold to a Terry Williams, The cocaine kids: The consumer ... inside story of a teenage drug ring Pharmaceutical Manufacturers Associa­ (Reading, MA: Addison-Wesley, 1989). tion, Facts at a glance, Washington (1989),15.

Technical Appendix 23 Drugs, Crime, and the Justice System

An investigation of a suspected Idaho How do drug traffickers conceal drug trafficker ... page 63 U.S. Attorneys and the Attorney Gen­ drug revenues? eral, Drug trafficking: A report to the President of the United States, August launderers convert cash page 62 3,1989,41. into a variety of financial Instruments and assets Cash Is easily detectable Illegal drug trafficking can Clifford L. Karchmer, II/egal money generate vast amounts of cash U.S. Customs Service, "U.S. Customs laundering: A strategy and resource Commissioner announces largest cash guide for law enforcement agencIes Clifford L. Karchmer, II/egal money seizure in U.S. Customs history," Press (Washington: Police Executive laundering: A strategy and resource release, July 2, 1990. Research Forum, April 1988), 22, guide for law enforcement af!encies 40-41 (Washington: Police EXQcutlve and Research Forum, April 1988), 2. Anthony V. Langone, "IRS criminal in­ BJA Cameron H. Holmes, Combatting vestigation tackles money laundering," laundering: An Arizona-based The police chief (January 1988), mo~ey The White House, ONDCP, What approach, BJA asset forfeiture series, 5(1 ):52-54. America's users spend on illegal drugs, Police Executive Research Forum, Technical Paper, June 1991, 8. March 1991 draft What is money laundering? and U.S. Attorneys and the Attorney Gan­ Reliance on cash poses problems Money laundering is ... for drug traffickers eral, Drug traffickin9.: A report to the Clifford L. Karchmer, II/egal money President of the United States, August laundering: A strategy and resource 3,1989,42. FBI, Carl P. Florez and Bernadette guide for law enforcement agencIes Boyce, "Laundering drug money," FBI (Washington: Police Executive How do drug traffickers avoid law enforcement bulletin (April 1990), Research Forum, April 1988), 6. 22-26. cash reporting requirements? At its most basic level. .. "Smurfing" or structuring ... The National Narcotics intelligence Office of the Comptroller of the Consumers Committee, The NNICC U.S. Attorneys and the Attorney Gen­ Currency, U.S. Department of the eral, Drug trafficking: A report to the report 1989: The supply of illicit drugs Treasury, Money laundering: A to the United StateJ, June 1990, 100. President of the United States, August banker's guide to avoiding problems, 3,1989,41. December 1989. ~ large cash transactions Signal According to the FBI ... a deviation from normal business Money laundering Is not new FBI Carl P. Florez and Bernadette practice and attract attention Boyce "Laundering drug money," FBI Jonathan Beaty and Richard Hornik, "A law bulletin (April 1990). In general, legal business and personal e~forcement torrent of dirty dollars," Time, December 22-26. transactions are conducted ... 18, 1989, 50-56 Clifford L. Karchmer, II/egal money and Banks are permitted to ... laundering: A strategy and resource Ethan A. Nadelmann, "Un laundering guide for law enforcement agencIes John K. Villa, Banking crimes (New dirty mone~ abroad: U.S. !or~iqn pO,!icy York: Clark Boardman Co. Ltd., 1988), (Washington: Police Executive Re­ and Financial Secrecy JUrisdictions, search Forum, April 1988), 2. 6-31 thru 6-35. Inter-American Law Review (1986), Cash transactions are often ... 18(1 ):33-81. legitimate businesses BJA, T. Gregory Murphy, Uncovering are often used to launder assets laundered through a business, Cash surpluses can be an Indicator Illegal drug money BJA asset forfeiture series, Police Exec­ of money laundering utive Research Forum, May 1989. Businesses offer a cover ... Jonathan Beaty and Richard Hornik, "A 6JA, T. Gregory Murphy, Uncov,ering torrent of dirty dollars," Time, December assets laundered through a busmess, 18,1989,55 BJA asset forfeiture series, Police Exec­ and utive Research Forum, May 1989. "Getting banks to just say 'no'," Busi­ ness Week, April 17, 1989, 16-17.

24 Technical Appendix Drugs, Orime, and the Justice System

Launderers often buy businesses ... Some countries are particularly Clifford L. Karchmer, Illega/ money page 64 exposed to money laundering laundering: A strategy and resource guide for law enforcement agencies The Financial Action Task FOfC9 on (Washington: Police Executive Who provides money laundering Money Ll~undering Report, 1990-1991 Research Forum, April 1988), 2. services? (Paris: May 13,1991),17. Bandidos motorcycle gang ... There are three trIpes of laundering U.S. Attorneys and the Attorney Gen­ How do foreign drug traffickers specialists ... access their Illegal drug proceeds? eral, Drug trafficking: A report to the Clifford L. Karchmer, II/egal money President of the United States, August laundering: A strategy and resource 3,1989,42. Many foreign-based traffickers ... guide for law enforcement agencies Clifford L. Karchmer, 1119gal money (Washington: Police Executive laundering: A strategy and resource Launderers transfer funds Research Forum, April 1988), 30. guide for law enforcement agencies between corporations In attempts (Washington: Police Executive to hide ownership of assets Most people caught in DEA money Research Forum, April 1988), 33. laundering stings ... Clifford L. Karchmer, II/egal money Maggie Mahar, "Dirty money: It triggers Panama- laundering: A strategy and resource a bold, new attack in the war on drugs," Bureau of International Narcotics guide for law enforcement agencies Ba"on's, June 26, 1989, 69(26):6-38. Matters, U.S. Department of State, (Washington: Police Executive International narcotics control strategy Research Forum, April 1988), 7, 31 What are the fees for money report, March 1991, 373. and laundering? U.S. Attorneys and the Attorney Gen­ How Is drug money smuggled eral, Drug trafficking: A report to the The amount launderers are paid out of the U.S. '1 President of the United States, August varies ... 3,1989,41. FBI, Carl P. Florez and Bernadette Boyce, "laundering drug money," FBI National Narcotics Intelligence law enforcement bulletin (April 1990), Consumers Committee, The.NNIOO Wire transfers facilitate laundering report 1989: The supply of illicit drugs 23,25 to the United States, June 1990, 96- and Clifford L. Karchmer, Illegal money 100. laundering: A strategy and resource Jonathan Beaty and Richard Hornik, "A guide for law enforcement agencies torrent of dirty dollars," Time, December (Washington: Police Executive 18, 1989, 50. Research Forum, April 1988), 40. page.66 Fees may be ... Clifford L. Karchmer, Illegal money George Thomas, Vice President, laundering: A strategy and resource Some foreign exchange houses Clearing House for Interbank Payments guide for law enforcement agencies have been Involved In laundering System (CHIPS), New York (Washington: Police Executive drug dollars Clearinghouse Association. Research Forum, April 1988), 34. BJA, Cameron H. Holmes, Oombatting The need for money laundering money laundering: An Arizona-based has given rise to a laundering How do drug traffickers get their approach, BJA asset forlelture series, service Industry Police Executive Research Forum, drug profits out of the U.S.? March 1991 draft, 7-8. This industry straddles ... Clifford L. Karchmer, Illegal money page 65 Nonbanklng financial systems laundering: A strategy and resource are used to launder drug money guide for law enforcement agencies (Washington: Police Executive Bank secrecy In many foreign Research Forum, April 1988), 30. countries has aided laundering Bureau of International Narcotics Mat­ ters, U.S. Department of State, Interna­ As the volume of drug trafficking ... tional narcotics control strategy report, Ethan A. Nadelmann, "Un laundering March 1991,337,387-388. Maggie Mahar, "Dirty money: It triggers dirty money abroad: U.S. foreign policy a bold, new attack in the war on drugs," and Financial Secrecy Jurisdictions," Ba"on's, June 26,1989,69(26):6-38. Inter-American Law Review (1986), 18(1 ):33-81.

Technical Appendix 25 Drugs, Crime, and the Justice System

Chapter III Section 1. History of drug control

Legal citations for drug statutes and treaties

Alcohol and Drug Abuse Education Controlled Substances Import and Narcotic Drugs Import and Export Act Amendments of 1974, Pub. L. 93- Export Act, Pub. L. 91-513, title III, Act of 1922, ch. 202, 42 Stat. 596 422,88 Stat. 1154 (1974). 1000-1016, 11 02(a)-(g)(1), (h)-(m), (1922) (codified at 21 U.S.C. 171-185 (n)(2)-(4), (q)-(t), 1103 to 1105, 84 Stat. (1982». Anti-Drug Abuse Act of 1986, 1285-1294 (1970) (codified at 21 Pub. L. 99-570, 100 Stat. 3207 (1986). U.S.C.A. 951-66) (West 1981 & Supp. Opium Exclusion Act, ch. 100, 35 1992). Stat. 614 (1909). Anti Drug Abuse Act of 1988, Pub. L. 100-690, 102 Stat. 4181, Crime Control Act of 1990, Pub. l. Opium Poppy Control Act of 1942, (1988). 101-647, 104 Stat. 47889 (1990). ch. 720, 56 Stat. 1045 (1942) (codified at 21 U.S.C. 88-188n (1982». Boggs Act of 1951, ch. 666, 65 Stat. Department of Defense 767 (1951). Authorization Act, 1982, Pub. L. Pharmacy Act of 1868 97-86, 95 Stat. 1099 (1981). The Chemical Diversion and Porter Narcotic Farm Act of 1929 ch. Trafficking Act of 1988, Pub. L. 100- Drug Abuse Control Amendments 82, Pub. L. 672, 70 Stat. 1085 (codified 690, 6001-6061, 102 Stat. 4312-4320 of 1965, Pub. L. 89-74, 79 Stat. 226 at 21 USC 221-237. Repealed, ch. (1988) (part of the Anti-Drug Abuse Act (1965). 373, Title XI, 1113, 58 Stat. 714, of 1988). (1944». Drug Abuse Education Act of 1970, Community Mental Health Centers Pub. L. 91-527, 84 Stat. 1385 (1970). The Posse Comitatus Act of 1876, Act of 1963, Pub. l. 88-164, Title II, ch. 263, 15, 20 Stat. 152 (1878) n Stat. 290 (1963). Drug Abuse Office and Treatment [amended in 1982, see 18 USCA Act of 1972, Pub. L. 92-255, 86 Stat. 1385]. Community Mental Health Centers 65 (1972). Act Amendments of 1968, [or, the Pure Food and Drug Act, ch. 3915, Alcoholic and Narcotic Addict Drug Abuse Prevention, Treatment 34 Stat. 768 (1906). Rehabilitation Amendments of 1968] and Rehabilitation Amendments of Pub. l. 90-574, Title III, 82 Stat. 1005 1979, Pub. L. 96-181, 93 Stat. 1309 Racketeer-Influenced and Corrupt (1968). (1980). Organizations Act (RICO), Pub.L. 91· 452, title IX, 901(a), 84 Stat. 941 The Comprehensive Crime Control Harrison Act of 1914, ch. 1,38 Stat. (1970). Act of 1984, Pub. L. 98-473, Title II, 785 (1914) (codified at I.A.C. 4701- 9B Stat. 1976 (1984). 4736 (1954». Single Convention on Narcotic Drugs, Mar. 30,1961,18 U.S.T. 1407. Comprehensive Drug Abuse Marijuana Tax Act of 1937, ch. 553, 520 U.N.T.S. 204, T.I.A.S. No. 6298. Prevention and Control Act of 1970, 50 Stat. 551 (1937) (codified at I.A.C. Pub. L. 91-513, 84 Stat. 513 (1970) 4741-4762 (1954». United Nations Convention Against (codified as amended In scattered illicit Traffic In Narcotic Drugs, Dec. sections of 18 USCA, 21 USCA, 26 Narcotic Addict Rehabilitation Act 20,1988,_ U.S.T._, T.IAS. No._, 28 USCA, 31 USCA, 40 USCA, 42 USCA, of 1966, Pub. L. 89-793, titles I-IV, 80 1.L.M.497. 46 USCA and 49 USCA) Stat. 1438-1448 (1966). rNest 1981 and Supp. 1992). Volstead Act of 1920, ch. 85, 41 Stat. Narcotic Addict Treatment Act of 305 (1919). Controlled Substances Act, Pub. L. 1974, Pub. L. 93-281,88 Stat. 124, 91-513, title II, 84 Stat,1242 (1970) 125 (1974). Supreme Court Cases (codified at 21 U.S.CA 321, 331, 333, 334,360,372,381,801-3,811-12, Narcotic Control Act of 1956, ch. Robinson v. State of California, 370 821-30,841-52,871-886,901-4) (West 629, 70 Stat. 567 (1956). U.S. 660, 82 S.Ct. 1417,8 L.Ed 2d 758 1981 & Supp. 1992). (1962).

U.S. v. Doremus, 249 U.S. 86 (1919).

Webb v. U.S., 249 U.S. 96 (1919).

26 Technical Appendix

'------~------Drugs, Crime, and the Justice System

The division of Intergovernmental What policies, strategies, and responsibilities Is reflected In the What are some of the historic spending for various functions tactics have been applied to the milestones In early U.S. drug drug problem In the U.S.? U.S. Department of Commerce, Bureau control efforts? of the Census, Government finances: page 74 1989-90, series GF/90-5, December page 78 1991, table 8. Supply and demand strategies Drugs of abuse have changed have not been mutually exclusive since the 1800s - most rapidly page 77 over the past quarter century James Q. Wilson, "Drugs and crime" in Drugs and crime, Michael Tonry and Local variations In the drug When morphine was discovered ... James Q. Wilson, eds., volume 13, President's Commission on Organized problem have affected drug Crime America's habit: Drug abuse, Crime and justice (Chicago: The Uni­ Intervention efforts versity of Chicago Press, 1990), 521- drug t~afficking, and organized crime, 1986, 190-191. 545,527-529. A RAND study- John G. Haaga and Peter Reuter, T~8 The availability of the hypodermic limits of the Czar's ukase: Drug policy syringe ... at the local level (Santa Monica: The Who Is Involved In drug control H. Wayne Morgan, Drugs in America RAND Corporation, June 1990), 2. efforts? (Syracuse University Press, 1981), 2- The prime example of local option is in 41,108 page 76 and enforcement. •. President's Commission on Organized Mark A. R. Kleiman and Kerry D. Smith, Crime America's habit: Drug abuse, "State and local drug enforcement: In drug and organized crime, Drug control efforts have Involved search of a strategy," in Drugs and t~afficking 1986, 190-191. • mix of governmental crime Michael Tonry and James Q. Wil­ rtaponslbliities at all levels son, volume 13, Crime and justice ~ds., After 1898, heroin was used ... (Chicago: The University of Chicago James A. Inciardi, The war on drugs: U.S. Department of Commerce, Bureau Press, 1990), 82-96. of the Census, Government finances: Heroin, cocaine, crime, and public pol­ 1989-90, series GF190-5, December icy (Palo Alto, CA: Mayfield Publishing Substantial. differences In the drug Company, 1986),9-11. 1991 problems confronting major and metropolitan areas have shapod By 1900, in the face of an estimated FBI, Crime in the United States 1990, local responses 1991,174 quarter of a million addicts ... David F. Musto, "America's first cocaine and John G. Haaga and Peter Reuter, The DEA, Annual statistical report, FY 1990, epidemic," Wilson Quarterly (Summer limits of the Czar's ukase: Drug policy 1989), 13(3):59-64. December 1990, 22, 27-28,145. at the local level (Santa Monica: The RAND Corporation, June 1990), 3-6, The first laws controlling drug use The legal baHs for Federal and 8·12. drug control efforts have were passed In the last quarter evolved over time of the 19th century

David F. Musto, The American disease: The first recorded antidrug law ... Origins of narcotic control (New York: Pat Lauderdale and James Inverarity, Oxford University Press, 1987),8-10, . "Regulation of opiates," Journal of Drug 21-23,131-134, and 261-262. Issues (1984),3:567-577,572-573. and David F. Musto, "America's first cocaine By 1912 nearly every State and many epidemic," Wilson Quarterly (Summer municipal~ies,... 1989),13(3):59-64. Mark Peyrot, "Cycles of social problem development: The case of drug abuse," The Sociological Quarterly (1984), 25(1 ):83-96, 86-87.

Technical Appendix 27 Drugs, Crime, and the Justice System

page 80 page 84 page 86

Much Federal antlnarcotlcs Decriminalization of marijuana Federal Interdiction expanded legislation before the 1930s was debated during the 1970s to Include authorization supponed U.S. eftons to reduce of military assistance International drug traffic David F. Musto, The American disease: Origins of narcotic control (New York: GAO, Impact of DoD's detection and David F. Musto, The American disease: Oxford University Press, 1987), 230- monitoring on cocaine flow, GAO/NSI­ Origins of narootic control (New York: 277 AD-91-297. September 1991,4, 10 Oxford University Press, 1987), 40·48. and and 15. President's Commission on Organized The U.S. experienced a cocaine Crime, America's habit: Drug abuse, problem for a 35wyear period around drug trafficking, and organized crime, the turn of the 20th century 1986,215,217. David F. Musto, "America's first cocaine epidemic," Wilson Quarterly (Summer page as 1989), 13(3):59-64 and Pat Lauderdale and James Inverarity "Regulation of opiates," Journal of Drug Mllhary containment of drugs has Intensified In the past decade Issues (1984), 3:567-577, 572-573. Robert M. Bray, Mary Ellen Marsden, Directive No. 1010.4, "Alcohol and drug abuse DoD personnel" (1980) as The Harrl80n Act was passed John R. Herbold, and Michael R. Pe­ terson. "Progress toward eliminating cited in Robert M. Bray, Mary Ellen amidst controversy on the Marsden. John R. Herbold, and treatment of drug users drug and alcohol abuse among U.S. military personnel," Armed Forces and Michael R. Peterson, "Progress toward Society, forthcoming. eliminating drug and alcohol abuse This conflict in the medical community ... among U.S. military personnel," Armed Pat Lauderdale and James Inverarity, Forces and Society, forthcoming. "Regulation of opiates," Journal of Drug U.S. Public Law 92-129 - as cited in Issues (1984),3:567-577. Robert M. Bray, Mary Ellen Marsden, John R. Herbold, and Michael R. Pe­ Robert M. Bray, Mary Ellen Marmdan, L. Lynn Guess, Sara C. Wheeless, Initial enforcement included ... terson, "Progress toward eliminating drug and alcohol abuse among U.S. Vincent G. lannacchione, and S. Ran­ H. Wayne Morgan, Drugs in America dall Keesling, 1988 Worldwide Survey (Syracuse University Press, 1981). 65- military personnel," Armed Forces and Society, forthcoming. of Substance Abuse and Health Be­ 67, 109w 119, 128, 137-141, 194 haviors Among Military Personnel Directive No.1 01 0.2, "Alcohol abuse (Research Triangle Park, NC: During the 1930s the Treasury by personnel of the Department of De­ Research Triangle Institute, 1988). Depanment'. focus shifted fense" (1972) as cited in Robert M. from heroin to marijuana Bray, Mary Ellen Marsden. John R. Herbold, and Michael R. Peterson, Richard T. Oakes, "Marijuana and eco­ "Progress toward eliminating drug and nomic due process: A transition from alcohol abuse among U.S. military per­ prohibition to regulation," Contemporary sonnel," Armed Forces and Society, Drug Problems (Winter 1980), 401-435, forthcoming. 402-408 and H. Wayne Morgan, Drugs in America (Syracuse University Press, 1981),134- 137 and Congressional Research Service, "The drug problem," CRS Review (Novem­ ber-December 1989),10(16):1-20,12.

28 Technical Appendix Drugs, Crime, and the Justice System

page 87 page 89

Federal drug policies during Federal drug policy boards the 1980s Involved Important Issued several strategies International components from 1986 to 1988

U.S. Department of State, Bureau of National Drug Enforcement Policy International Narcotics Matters, Interna­ Board, National and international tional narcotics control strategy report, drug law enforcement strategy, March 1989,1,11-12. January 1987, 2.

National Drug Policy Board, Progress What drug control strategIes has Report 1987, July 1988. the Federal Government Issued National Drug Policy Board, Toward a since 19731 drug-free America: The National drug strategy and implementation plans, page 88 1988. The National Association of Attorneys OVer the past two decades the General and the National District Attor­ Federal Government has formulated neys Association, Executive Working a series of strategies to combat Group for Federal-State-Local Prosecu­ the drug problem torial Relations, Toward a drug-free America: Nationwide blueprint for State National Drug Enforcement Policy and local drug control strategies, Board, National strategies on drug December 1988, iii, vi, and 1-6. abuse and drug trafficking, staff paper, 1-17. Since 1989 ONDCP has developed four comprehensive plans for Federal drug control

The third National Drug Control Strategy- The White House, ONDCP, National drug control strategy, February 1991, 23-115.

The fourth strategy- The White HOllse, ONDCP, National drug control strategy: A Nation re­ sponds to drug use, January 1992.

Technical Appendix 29 Drugs, Crime, and the Justice System

Chapter III Section 2. Public Opinion

As the ~ercentage of high school Stanley M. Elam, Lowell C. Rose, and What mle does public opinion play seniors ~ercelving risks ... Alec M. Gallup, "The 23rd annual Gallup Poll of the public's attitudes In drug control policy? Percent of resQondents toward the public schools," Phi Delta Used In Avall- Kappan (September 1991), 73(1 ):41- page 91 Clas8 prior month Risk ability 56. 1975 27.1% 43.3% 87.8% Public opinion both shapes public 1976 32.2 38.6 67.4 policy and 18 shaped by public policy 1977 35.4 36.4 87.9 page 93 1978 37.1 34.9 87.8 Michael R. Kagay, "As candidates hunt 1979 36.5 42.0 90.1 1980 33.7 50.4 89.0 The public thinks that drugs the big Issue, polls can give them a few are the major cause of crIme clues," New York Times, October 20, 1981 31.6 67.6 89.2 1982 28.5 60.4 86.5 In our Nation today 1991,3. 1.983 27.0 62.8 86.2 1984 25.2 66.9 84.6 The Gallup Report (Princeton, NJ: Events affect public attitudes 1985 25.7 70.4 85.5 and behavior The Gallup Poll, June 1989),285:25 1986 23.4 71.3 65.2 as presented in BJS, Sourcsbook 1987 21.0 73.5 84.8 of criminal justice statistics 1989, NIDA, Steven W. Gust and J. Michael 1988 18.0 77.0 85.0 NCJ-124224, 1990, table 2.23,144. Walsh, "Research on the prevalence, 1989 16.7 77.5 84.3 impact, and treatment of drug abuse In 1990 14.0 77.8 84.4 How 1'11any Americans se8 drug­ the workplace," In Drugs in the work­ Source: NIDA, Lloyd D. Johnston, Patrick M. place: Research and evaluation data, O'Malley, and Jerald G. Bachman, Drug use among related crime as a serIous problem Steven W. Gust and J. Michael Walsh, American high school seniors, college students and In their neighborhoods? young adults, 1975-1990, volume 1, High School eds., NIDA research monograph 91, Seniors, DHHS Publication No. (ADM)91-1813, 1989,3-13,3. 1991,131. The Gal/up Report (Princeton, NJ: The Gallup Poll, September 1988), How does public policy about 276:31 as presented in the BJS, drugs affect public opinion and Sourcebook of criminal justice statistics, How serious is drug use 1988, behavior? NCJ-118318, 1989, tables 2.93 perceived to be? and 2.94. Jerald G. Bachman, Lloyd D. John­ ston, and Patrick M. O'Malley, page 92 "Explaining the recent decline in How available and risky are Illegal cocaine use among young adults: Drug abuse has been a common drugs thought to be? Further evidence that perceived risks public concern In recent years and disapprovallsad to reduced drug page 94 use," Journal of Health and Social The Gal/up Report (Princeton, NJ: Behavior (1990), 31 :173-184, The Gallup Poll, June 1989), 285, as presented in BJS, Souroebook Drugs are ssen to be readily NIDA, Robert W. Taggart. "Resu~s of of criminal jus tics statistics 1989, available the drug testing program at Southern NCJ-124224, 1990, 152. Pacific Railroad," in Drugs in the In a 1988 poll, 20% of the American ... workplace: Resesroh and evaluation ."Surveys of the attitudes of American New York Times/CBS News Poll, 1986 data, Steven W. Gust and J. Michael adults and teenagers towards the drug as presentod in the BJS, Sourcebook of Walsh, ads., NIDA research mono­ crisis and drug policy,W Press release criminal justice statistics, 1987, NCJ- graph 91, 1989, 97·108. (Princeton, NJ: The George H. Gallup 111612, 1988, table 2.82, 192. International Foundation, August 4, 1989),6. Almost 50% of adults ... ABC News Polling Unit, 1986 as Stanley M. Elam, nThe 22nd annual presented in the BJS, Sourcebook Gallup Poll of the public's attitudes of criminal justice statistics, 1987, toward the public schools," Phi Delta NCJ-111612, 1988, table 2.83, 193. Kappan (September 1990), 72(1) :41-55, 53. A third of adults said ... Media General/Associated Press Poll #30, May 11-20, 1990, questions 3a, 3b, and 3c.

30 Technical Appendix Drugs, Crime, and the Justice System

In the 1990 National Household Survey on Dru~Abuse- NIDA, ational Household SUNey Does the public think the drug What strategies are perceived on Drug Abuse: Main findings, 1990, problem Is more Important than to be effective In combatting DHHS Publication No. (ADM)91-1788, other public polley Issues? the drug problem? 1991,130. page 95 page 96 More high school seniors thought ... NIDA, Lloyd D. Johnston, Patrick M. O'Malley, and Jerald G. Bachman, When did the public first perceive The public favors both supply Drug use among American high school drug abuse as the most Important restriction and demand reduction seniors, college students and young problem facing the country? strategies to combat drugs adults, 1975-1990,'volume 1, High School Seniors, DHHS Publication No. The Gallup Poll as presented in BJS, Diane Colasanto, "Widespread public (ADM)91-1813, 1991, 164. Sourcebook of criminal justice statistics, opposition to drug legalization," The 1990, NCJ-130580, 1991, table 2.1, 152 Gal/up Poll Monthly (Princeton, NJ: The About 20% of fifth and sixth graders ... and Gallup Poll, January 1990), 292:2-8, 4. NFO Research, Inc., Final report, The Gal/up Poll Monthly (Princeton, NJ: Drug Awareness and Attitude Study The Gallup Poll, May 1991), 308. Media General/Associated Press Poll (Chicago: NFO Research, Inc., 1990), #30, May 11-20, 1990, questions 4, 5, 14,15. Concern about drug abuse and 8b. 10 related to media coverage One teen in four ... Many favor drug testing of workers "Surveys of the attitudes of American Pamela J. Shoemaker, Wayne Wanta, adults and teenagers towards the drug and Dawn Leggett, "Drug coverage The Gallup Organization for the Institute crisis and drug policy,· Press release, and public opinion, 1972-1986," in for a Drug-free Workplace, December (Princeton, NJ: The George H. Gallup Communication campaigns about 1989. International Foundation, August 4, drugs: Government, media, and the 1989),16. public, Pamela J. Shoemaker, ed. Most people do not favor the (Hillsdale, NJ: Lawrence Erlbaum legalization of drugs Th, public thinks that Illegal Associates, Publishers, 1989),67-80. drug UN Is risky Percent of respondents who answered "Do you think the use of marijuana should be NIDA, National Household SUNey The opinion that drug abuse Is the made legal or not?" on Drug Abuse: Main findings, 1990, Nation's most Important problem Should Don't DHHS Publication No. (ADM)91-1788, grew rapidly In the late 1980s, Year Should ~ know 1991,138. peaking In 1989 1973 18% 80% 2% Percent believing 1975 20 75 5 Youth perceive regular drug use drug abuse most 1976 28 69 3 to be very risky Date of poll Important problem 1978 30 67 3 1980 25 72 3 January 1985 2% 1983 20 76 3 NIDA, Lloyd D. Johnston, Patrick M. 1984 23 73 4 O'Malley, and Jerald G. Bachman, May 1985 6 July 1986 8 1986 18 SO 2 Drug use among American high school May 1987 11 19S7 16 81 3 seniors, college students and young September 1988 11 'iSlBS 17 79 4 May 1989 27 1989 16 81 3 adults, 1975-1990, volume 1, High 1990 16 81 3 School Seniors, DHHS Publication No. September 1989 63 (ADM)91-1813, 1991,127. November 1989 38 April 1990 30 Source: Data from the National Opinion October 1990 10 Research Center are made available through November 1990 & the Roper Public Opinion Research Center as January 1991 9 presented In BJS, Sourcebook of criminal justice February 1991 5 statistics, 1990, NCJ-130580, 1991, table 2.S7, March 1991 11 228. April 1991 10

Source: The Gallup Poll as presented in BJS, Sourcebook of criminal justice statist/cs, 1990, NCJ-130580, 1991, table 2.1,152; and The Gal/up Pol/ Monthly (Princeton, NJ: The Gallup Poll, May 1991),308.

Technical Appendix 31 ------1

Drugs, Crime, and the Justice System

page 97

The public Increasingly 88as rastrlctlng tha supply of drugs 8S a major way to combat crimI

The Gal/up Report (Princeton, NJ: The Gallup Poll, June 1989), 285:26 as presented in BJS, Sourcebook of criminal justice statistics 1989, NCJ-124224, 1990, table 2.28, 175.

The public feals too IIttla money Is baing spant on daallng with Illegal drug usa

The National Opinion Research Center data were made available through the Roper Public Opinion Research Center as presented in the BJS, Sourcebook of criminal justice statistics, 1989, NCJ- 124224,1990, table 2.31, 178-179.

The percentage of the population ... General Social Survey Trend Data, 1984 to 1990, unpublished data.

In 1989, 62% of the population ... Andrew Kohut and Larry Hugick, "Colombians question worth of drug war; Americans skeptical ~ can be won," The Gal/up Report (Princeton, NJ: The Gallup Poll, September 1989), 288:2-11, 5.

32 Technical Appendix Drugs, Crime, and the Justice System

Chapter III Section 3. Current laws, policies, and programs

What type of substance abuse What other laws cover drug What are the drug control aspects control laws have Federal, State, control actlvHles? of U.S. foreign polley? and local governments enacted? page 101 page 102 page 99 Most States have adopted laws The International drug control Federal and State laws schedule that make the ponesslon or sale strategy alms to reduce production drug8 that are likely to be abu8ed of drug paraphernalia Illegal and destabilize trafficking

A guide to State controlled substances A guide to State controlled substances GAO, Drug control: U.S. internatil..'nal acts (Washington: National Criminal acts (Washington: National Criminal narr;otics control activities, GAO/NSI­ Justice Association, January 1991), 1, Justice Association, January 1991), 2, AD-88-114, March 1988, 15-23 7. 19.20. Glossary. 25. 29, and 31 12,21, and Glossary and and and Bureau of International Narcotics Mat­ DEA, Drugs of abuse: 1989, 4-6, 30- DEA, Drugs of abuse: 1989, 45. ters, U.S. Department of State, Interna­ 31, and 45-46. tional narcotics control strategy report, Some State laws address diverting March 1991, 19-20. legally manufactured drugs to the Illegal drug market The U.S. Dep~rtment of State page 100 has Iliad responsibility for DEA, Office of Diversion Control, Multi­ International drug control policy De81gner drug8 are banned ple copy prescription program resource guide, March 1990, IV-V The White House, ONDCP, National A guide to State controlled substances and drug control strategy, February 1991, acts (Washington: National Criminal A guide to State controlled substances 90,140,. Justice Association, January 1991),3-4, acts (Washington: National Criminal and 16-18 Justice Association, January 1991), "USIA Anti-Drug Programs for the and 25-28 Andes in the year since the Cartagena Summit" (transmitted by memorandum DEA, Drugs of abuse: 1989, 6 and and DEA, Drugs of abuse: 1989, 7. on May 8, 1991) and "USIA and the War on Drugs" (January 25, 1991). DEA Drug Scheduling Actions, unpub­ lished momo, October 2, 1990. At least 37 States regulate precursor chemicals Telephone contact between Ann McDonald. AID and Anita Timrots, The Federal Government and many DCDCC, on November 5, 1991. State. now Include stsrolds A guide to State controlled substances under their drug laws acts (Washington: National Criminal Justice Association, January 1991), The United Nations has adopted 25-26 three major International conven­ A guide to State controlled substances tions on controlling drugs acts (Washington: National Criminal and DEA, Drugs of abuse: 1989,7-8. Justice Association, January 1991), 13, United Nations, Report of the Interna­ 15-16, and 25. Money launderIng became a crime tional Narcotics Control Board for 1990, under Federal law In 1986 New York, 1990, i-ii, 2-3, and 6-8 Moat State. have passed new laws and to addres8 the drug problem John K. Villa, Banking crimes: Fraud, Bureau of International Narcotics Mat­ ters, U.S. Department of State, Interna­ A guide to State controlled substances . money laundering and embezzlement (New York: Clark Boardman, Co., Ltd., tional narr;otics control strategy report, acts (Washington: National Criminal March 1989,11-12, and 18-19. Justice Association, January 1991), 2-3, 1988). 8-3 to 8-4.1. 3-4,10-12,16,18-20,23-24, and 31 and A guide to State controlled substances Constance Thomas, 1990 State sub­ acts (Washington: National Criminal stance abuse laws, Intergovernmental Justice Association, January 1991), Heahh Policy Project (Washington: 29-30. George Washington University, March 1991),1,2-5.

Technical Appendix 33 Drugs, Crime, and the Justice System

page 103 Who provides for drug prevention page 105 activities? Feder.1 drug controllsws tie Some prevention efforts foreign .sslstance to cooperation page 104 are community-based In controlling megal drugs Some community-based prevention The Anti·Drug Abuse Act of 1986 ... Drug prevention programs seek efforts are specific programs ... GAO, Drug Control: U.S. international to delay the onset of drug use OJJDP, OJJDP and Boys and Girls narcotics control activities, GAO/NSI­ and to deter casual drug use Clubs of America: Public housing and AD-88-114, March 1988, 10. high-risk youth, Juvenile justice bulletin, "Drug abuse prevention strategies: July 1991, 1-5 This act was amended in 1988 ... Board of Trustees report," Journal of and Bureau of International Narcotics Mat­ the American Medical Association (April The White House, ONDCP, National ters, U.S. Department of State, Interna­ 24,1991),265(16):2102-2101,2104. drug control strategy: A Nation re­ tional narcotics control strategy report, sponds to drug use, January 1992, 38. March 1989, 1. Schools are often the focal point for drug prevention programming Other community-based efforts ... In 1990, of the 24 malar narcotics­ HHS, OSAP, Bonnie Benard, "An producing ... BJS, School crime: A National Crime overview of community-based preven­ BJS, Drugs & Crime Data Center & Victimization Survey Report, September tion,'" in Prevention research findings: Clearinghouse, Federal drug data for 1991, NCJ-131645. 1988, Ketty H. Rey, Christopher L Fae- national policy, NCJ-122715, April 9re, and Patti Lowery, eds., OSAP pre­ 1990, 11, verHied as still current with Judy M. Thorne, Judy A. Holley, Jen­ vention monograph 3, 1990, 126-127. the Bureau of International Narcotics nifer Wine, Becky J. Hayward, and Matters, U.S. Department of State, Christopher L. Ringwalt, A study of the Two examples of comprehensive pro­ Spring 1992. Drug-Free Schools and Communities grams ... Act: Report on State and local pro­ Paul S. Jelllnek and Ruby P. Hearn, In 1890, the u.s. provided almost grams, U.S. Department of Education "Fighting drug abuse ai the local level," $82 million In direct financial drug Contract LC88028001 (Research Trian­ Issues in science and technology (Sum­ control assistance gle Park, NC: Research Triangle Insti­ mer 1991), 7(4):78-84 tute, 1991), 1-2. and Dorothy Wodraska, "Project I-Star," Bureau of International Narcotics Mat­ Juvenile justice digest (August 21, ters, U.S. Department of State, Interna­ Law enforcement agencies provide drug prevention programs 1991), 19(16):2-4 tional narcotics control strategy report, and March 1991, 43-44. BJA, Fact sheet: Drug Abuse Resis­ HHS, OSAP, "Little Rock and 12 other cities receive Robert Wood Johnson The Pruldent's Andean Counterdrug tance Education (DARE) Program, October 1991. Foundation grants" The OSAP preven­ Inhl.tlve target. some countrle. tion pipeline (May/June 1992), 5(3):20- where cocaine Is produced Executive Office for United States 21. Attorneys, "FBI Demand Reduction Bureau of International Narcotics Mat­ The Federal Government provides ters, U.S. Department of State, Interna­ Programs: 'Drug-free America: The right choice,' " Drug demand reduction State and local governments tional narcotics control strategy report, whh support for drug prevention March 1991, 14-15 NETWORK (MarchiApril 1992), 1(2):2 and and The Department of Education (EQL The White House, ONDCP, National Executive Office 10r UnitilXi States Attorneys, "DEA Demand Reduction sponsors ... drug control strategy: A Nation re­ The White House, ONDCP, National sponds to drug use, January 1992, 168. Programs: Full-time coo£9ination," Drug demand reduction fjETWORK drug control strategy: A Nation re­ (March/April 1992), 1(2):2-3 and 9. sponds to drug use, Budget summary, The U.S. also participates In January 1992, 30-34, 38-45, 201,210, International efforts to curb money and 214 laundering and chemical diversion and The White House, ONDCP, National Bureau of International Narcotics Mat­ drug control strategy: A Nation re­ ters, U.S. Department of State, Interna­ sponds to drug use, January 1992,35. tional narcotics control strategy report, March 1991, 16-18.

34 Technical Appendix Drugs, Crime, and the Justice System

The Department of Health and Human HUD, Office of Policy Development and Services HHS throu h its Office for Research and Office of Public and In­ What types of drug treatment ubstance Abuse Prevention. (OSAP) dian Housing, Together we can meet funds ... the challenge: Winning the fight against exist? HHS, OSAP, Judith E. Funkhouser, drugs, April 1991 Eric N. Goplerud, and Rosalyn O. Bass, page 107 -Ourrent status of prevention strate­ HHS, OSAP, Judith E. Funkhouser, gies,- in A promising future: A/cchol Eric N. Goplerud, and Rosalyn O. Bass, and other drug problem prevention -Ourrent status of prevention strate­ There Is no single ''treatment'' services improvement, Mary A. Jansen, gies, - in A promising future: Alcohol for "drug abuse" ed., OSAP prevention monograph 10, and other drug problem prevention 1992,84-87. services improvement, Mary A. Jansen, Robert L. Hubbard, Mary Ellen Mars­ ad., OSAP prevention monograph 10, den, J. Valley Rachal, Henrick J. Har­ 1992,46-47. wood, Elizabeth R. Cavanaugh, and ''Weed and SUd" I. a new Harold M. Ginzburg, Drug abuse treat­ comprehensive Federallnhlatlve ment: A national study of effectiveness to help local communltle. become State level agencle. have a substantial rol. (Ohapel Hill: University of North Oar­ and etay fr.. of drugs and crime olina Press, 1989), 13-42. In drug prevention The White House, ONDOP, National A small percentage of these offenders ... drug control strategy: A Nation re­ OSAP, Janet A. Zwick, -The role of Jan M. Chaiken and Marcia R. Ohaiken, sponds to drug use, Budget summary, State alcohol and other drug agencies in prevention- in Prevention research "Drugs and predatory crime,- in Drugs January 1992,197-198 and crime, Michael Tonry and James O. findings: 1988, Kelty H. Rey, Ohristo­ Wilson, eds., volume 3, Crime and jus­ pher L. Faegre, and Patti Lowery, eds., tice (Ohicago: The University of OSAP prevention monograph 3, 1990, Ohicago Press, 1990), 203-239. page 106 9-10. Most treatment programs provide The Federal Government developa Private sector foundations a combination of services prevention materials and provide. and corporations provide funds them to local prevention program. for prevention programs M. Douglas Anglin, and Yih-ing Hser, "Treatment and drug. abuse, - in Drugs The White House, ONDOP, National Loren Renz, Alcohol & drug abuse fund­ ing: An analysis of foundation grants, and crime, Michael Tonry and James O. drug control strategy: A Nation re­ Wilson, eds., volume 13, Crime and jus­ sponds to drug use, January 1992, 162. The Foundation Oenter, 1989, 33-34. tice (Ohicago: The University of Ohicago Press, 1990), 393-460. HHS, OSAP, "There are specialized How effective Is drug prevention? mutual-help groups for those with alco­ hol and drug problems" in The Fact /s .•• , One review summarized the literature September 1989. on school-based drug prevention­ page 108 Dennis Rosenbaum, Ohris Ringwalt, HHS, aSAP, SkyshapefS National Thomas R. Ourtin, Deanna Wilkinson, Youth Fitness Program, 1990; and Brenda Davis, and Ohet Taranowski, Treatment programs usually OSAP, "Turning prevention into enter­ A second year evaluation of D.A.R.E. serve both alcohol and drug tainment, - The OSAP prevention n illinois (Springfield, IL: Illinois State dependent clients pipeline (January/February 1991), Police, 1991), Evaluation summary, i-iii, 4(1 ):29-30. and 1-40. HHS, ADAMHA, National Drug and Al­ coholism Treatment Unit Survey (NDA­ Executive Office for United States Attor­ Another recent literature review­ TUS): 1989 Main findings report, 1990, neys, -Office of Justice Programs: Gilbert J. Botvin, "Substance abuse table 15, 26. Working to foster partnerships,- Drug prevention: Theory, practice and demand reduction NETWORK effectiveness, - in Drugs and crime, (March/April 1992), 1 (2):4. Michael Tonry and James O. Wilson, ads., volume 13, Crime and justice Executive Office for United States (Ohicago: The University of Ohicago Attorneys, -FBI Demand Reduction Press, 1990),461-512. Programs: 'Drug-free America: The right choice,' - Drug demand reduction NETWORK (March/April 1992), 1(2):2,4.

Technical Appendix 35 Drugs, Crime, and the Justice System

Self·help groupe are usually free Several States have established thera­ and readily accessible peutic communities within prisons ... What drug treatment programs are Foundation for Health Services Self-help groups include ... Research, "New data available from used and who provides them? NIDA, leonard Saxe and Gila Shuster­ 1990 Drug Services Research Survey," man, "Drug treatment modalities: A Connection (June 1992), 1(2):5. page 109 taxonomy to aid development of ser­ vices research," In Drug abuse services Treatment Is provided for criminal research series: Background papers on Drug treatment Involves a variety offender. In the community of modalities and environments drug abuse financing and services re­ and In Jails and prisons search, 1991,1 :6-7 and HHS, ADAMHA, National Drug and Foundation for Health Services Alcoholism Treatment Unit Survey Francis S. Gilbert, "Development of a Research, "New data available from 'Steps questionnaire,'" Journal of stud­ (NDATUS): 1989 Main findings report, 1990 Drug Services Research Survey," 1990, A-9. Ies on alcohol (1991), 52(4):353-360 Connection (June 1992), 1(2):5. and Edgar P. Nace, "Alcoholics anony­ Note: Number of clients is the "annual mous," in Substance abuse: A compre­ Some heroin addicts are treated unduplicated drug client count" used by hensive textbook, Joyce H. lowinson, with methadone the source. Pedro Ruiz, and Robert B. Millman, eds. (Baltimore: Williams & Wilkins, Food and Drug Administration and Most people In drug treatment 1992), 486-495 NIDA, "National Institute on Drug are In outpatient programs and Abuse; Methadone in maintenance and Alcoholics Anonymous: The story of detoxification; Joint revision of condi­ HHS, ADAMHA, National Drug and how many thousands of men and tions for use," Federal Register (March Alcoholism Treatment Unit Survey women have recovered fro", alcoholism 2, 1989), 54(40):S954. (NDATUS): 1989 Main findings report, (New York: Alcoholics Anonymous 1990, table 50, 72 and A-7 to A-S. World Services, Inc., 1976), xxii. Cocaine has recently pasaed heroin as the primary drug of abuse Half of the people In drug treatment of those In treatment programs are In drug-free treatment programs State resources and services related to HHS, ADAMHA, National Drug and alcohol and other drug abuse problems Alcoholism Treatment Unit Survey and for fiscal year 1990 (Washington: (NDATUS): 1989 Main findings report, aSAP, "There are specialized mutual National Association of State Alcohol 1990, table 50, 72. help groups for those with alcohol and and Drug Abuse Directors, November drug problems" in The Fact Is ... , 1991),38. Are treatment facilities fully utilized? September 1989, 2-3 and Treating UHr. of multiple drugs Foundation for Health Services Tel9phone conversation with Carl Is very difficult Research, "New data available from 8124192 at Narcotics Anonymous World 1990 Drug Services Research Survey," Services Office, P.O. Box 9999, Van M. Douglas Anglin and Yih-Ing Hser, Connection (June 1992), 1(2):4-5 Nuys, CA 91409, (818) 780-3951. "Treatment of drug abuse," in Drugs and and crime, Michael Tonry and James Helen Batten, Brandeis University, What I. a tMrapeutlc community? Q. Wilson, eds., volume 13, Crime and paper presented at the American Public. justice (Chicago: The University of Hea~h Association Annual Meeting, Therapeutic communities (TCs)­ Chicago Press, 1990), 402. Atlanta, Georgia, November 1991. The American Medical Association, Home medical encyclopedia: Volume Many drug treatment programs How many people who need drug 2, 1- Z, (New York: Random House, focus on particular groups treatment are receiving It? 1989),978 and HHS, ADAMHA, National Drug and HHS, ADAMHA, Highlights from the Dean R. Gerstein and Henrick J. Har­ Alcoholism Treatment Unit Survey 1989 National Drug and Alcoholism wood, eds., Treating drug problems, (NDA TUS): 1989 Main findings report, Treatment Unit Survey (NDATUS), volume 1, (Washington: National 1990, table 14, 25. July 1990, 3, 4, and 14. Academy Press, 1990), 154-156.

36 Technical Appendix Drugs, Crime, and the Justice System

Dean A. Gerstein and Henrick J. Harwood, eds., Treating drug problems, Is drug treatment effective? volume 1 (Washington: National Academy Press, 1990), 88-92. page 111 HHS, ADAMHA, National Drug and Alcoholism Treatment Unit Survey (NDATUS): 1987 Final report, 31 Drug treatment has multiple goals Dean R. Gerstein and Henrick J. Har­ wood, eds., Treating drug problems, page 110 volume 1 (Washington: National Academy Press, 1990), 12-17, 129 and Private organizations and Individuals The White House, ONDCP, Under­ and alll.veis of government standing drug treatment, White paper, provide drug treatment June 1990, 13 and HHS, ADAMHA, National Drug and NIDA, Drug abuse and drug abuse Alcoholism Treatment Unit Survey research: The third triennial report to (NDATUS): 1989 Main findings report, Congress from the Secretary, Depart­ 1990, 4-5, 34, and 64. ment of Health and Human Services, 1991,58 . .The White House, ONDCP, National drug control strategy: A Nation re­ Drug treatment has positive effects sponds to drug use, January 1992, 63. on drug users The Federal Government Dean A. Gerstein and Henrick J. Har­ directly treats drug users wood, eds., Treating drug problems, under Its Jurisdiction volume 1 (Washington: National Academy Press, 1990). 13-15, 135. Robert M. Bray, Mary Ellen Marsden, John A. Herbold, and Michael A. Peter­ Legal pressure can encourage son, wProgress toward eliminating drug people to enter and stay In drug and alcohol abuse among U.S. military treatment personnel,w Armed Forces and Society, July 1991,16. Robert L. Hubbard, Mary Ellen Mars­ den, J. Valley Rachal. Henrick J. Har­ The White House, ONDCP, Nation~1 wood, Elizabeth A. Cavanaugh. and drug control strategy: A Nation re­ Harold M. Ginzburg, Drug abuse treat­ sponds to drug use, January 1992, ment: A national study of effectiveness 61-62. (Chapel Hill: University of North Car­ olina Press, 1989), 126-134. State laws address treatment Issues

Constance Thomas, 1990 State sub­ stance abuse/aws, Intergovernmental Health Policy Project, (Washington: George Washington University, March 1991).1·5.

The private sector Is also trying to expand and Improve drug treatment

Loren Renz, Alcohol & drug abuse fund­ ing: An analysis of foundation grants, The Foundation Center, 1989, xii-xiii.

Techn~aIAppend~ 37 Drugs, Crime, and the Justice System

Chapter III Section 4. Drug testing

As of spring 1991 - The Federal Government Who Is tested for drugs and why? Nancy N. Delogu, "AClU targets State has many goals In testing legislatures," The drug-free workplace Its workforce for drugs report (1991), 111(1 ):13. page 115 James M. Sokolowski, "Government Criminal Justice employees are drug testing: A question of reasonable­ Drug te.tlng may help . subject to drug tests to ensure ness," Vanderbilt Law Review (May to deter drug U81 public safety and public confidence 1990),43(4):1343-1376.

Jerome H. Jaffe, "Footnotes in the Police administrators- Federal executive branch evolution of the American national NIJ, Barbara A. Manili, Edward F. Con­ employees are subject to response: Some little known aspects nors III, Darrel W. Stephens, and John various testing programs of the first American Strategy for Drug R. Stedman, Police drug testing, NIJ Abuse and Drug Traffic Prevention," issues and practices, NCJ-1 05191, May Drug Free Federal Workplace, Execu­ The Inaugural Thomas Okey Memorial 1987,5 tive Order 12564, September 17, 1986, lecture, British Journal of Addiction and as cited in Congressional Research (1987), 82:587-600. NIJ, Barbara Webster and Jerrold G. Service, Sharon S. Gressle, Drug test­ Brown, Mandatory and random drug ing in the workplace: Federal programs, The criminal Justice system tests testing in the Honolulu Police Depart­ March 8, 1989, 1-6, 3, 9, 14. offender. for recent drug use In ment, NIJ research in action, NCJ- order to reduce criminal behavior 117718,October1989,1. Department of Transportation testing­ CongreSSional Research Service, The White House, ONDCP, "Cost of Prison admlnistrators- Sharon S. Gressle, Drug testing in the drug testing," ONDCP Bulletin No.3, NIJ, Randall Guynes and Osa Coffey, workplace: Federal programs, March 8, August 1991, 1-4. Employee drug-testing policies in prison 1989,1,3,9,14. systems, NIJ research in action, NCJ- Workplace drug t8stlng 112824,August1988,1. MilitarY testing - aim. to r.duce or prevent Robert M. Bray, Mary Ellen Marsden, drug U81 and Impairment A growing number of police agencies L. Lynn Guess, Sara C. Wheeless, Vin­ and prison systems ... cent G. lannacchione, and S. Randall The APT Foundation Task Force, NIJ, Barbara A. Manili, Edward F. Keesling, Highlights 1988 Worldwide Report on drug and alcohol testing in Connors III, Darrel W. Stephens, and Survey of Substance Abuse and Health the workplace (New Haven, CT: The John R. Stedman, Police drug testing, Behaviors Among Military Personnel APT Foundation, 1988), 23 NIJ issues and practices, NCJ-1 05191, (Research Triangle Park, NC: and May 1987, 1 and 5 Research Triangle Institute, 1990), Eric D. Wish and Bernard A. Gropper, and Chapter 10, 46-48. "Drug testing by the criminal justice sys­ NIJ, Randall Guynes and Osa Coffey, tem: Methods, research, and applica­ Employee drug-testing policies in prison Employees in sensitive positions ... tions," in Drugs and crime, Michael systems, NIJ research in action, NCJ- Congressional Research Service, Tonry and James Q. Wilson, eds., 112824,August1988,1. Sharon S. Gressle, Drug testing in the volume 13, Crime and justice (Chicago: workplace: Federal programs, March 8, University of Chicago Press, 1990), A 1990 survey of State and local police 1989,1,4-6,14. 321-391 agencies- and BJS, Law Enforcement Management NIJ, Barbara A. Manili, Edward F. Con­ and Administrative Statistics Survey, page 116 nors III, Darrel W. Stephens, and John 1990, unpublished data. R. Stedman, Police drug testing, NIJ issues and practices, NCJ-1 05191, May 1988 survey of State prison systems­ The Federal Government requires 1987, v, 1-3 NIJ, Randall Guynes and Osa Coffey, testing In many regulated Industries and Employee drug-testing policies in prison NIJ, Randall Guynes and Osa Coffey, systems, NIJ research in action, NCJ- GAO, Drug testing: Management prob­ Employee drug-testing policies in prison 112824,August1988,1. lems and legal challenges facing DOT's systems, NIJ research in action, NCJ- industry programs, November 1989, 2. 112824, August 1988, 1.

A 1988 Gallup ~urvey- Gallup Organization, Drug testing at work: A survey of American corpora­ tions, 1988, 17.

38 Technical Appendix Drugs, Crime, and the Justice System

State laws also allow Urine testing Increased In Periodic worldwide surveys employee testing the 1960s and early 1970s of the military- Robert M. Bray, Mary Ellen Marsden, Constance Thomas, 1990 State sub­ Criminal Justice system testing - L. lynn Guess, Sara C. Wheeless, Vin­ stance abuse laws, Intergovernmental NIDA, Herman Joseph, "The criminal cent G. lannacchione, and S. Randall Health Policy Project, (Washington: justice system and opiate addiction: A Keesling, Highlights 1988 Worldwide George Washington University. March historical perspective," in Compulsory Survey of Substance Abuse and Health 1991),149-150. treatment of drug abuse: Research and Behaviors Among Military Personnel clinical practice, Carl G. leukefeld and (Research Triangle Park, NC: Some private businesses test Frank M. Tims, eds., NIDA research Research Triangle Institute, 1990). their employees1or drug use monograph 86, 1988, 106-125. Drug Free America Campaign - BlS, Survey of employer anti-drug U.S. military testing - Drug Free Federal Workplace, Execu­ programs, Report 760, January 1989, Jerome H. Jaffe, "Footnotes in the evo­ tive Order 12564, September 17,1986 table 4, 8. lution of the American national re­ and sponse: Some little known aspects of The White House, ONDCP, National Relatively few workers for private the first American Strategy for Drug Drug Control Strategy, September buslnasses are actually tested Abuse and Drug Traffic Prevention," 1989, January 1990, February 1991, The Inaugural Thomas Okey Memorial January 1992. BlS, Survey of employer anti-drug lecture, British Journal of Addiction programs, Report 760, January 1989, (1987), 82:587-600 Rising demand spurred advances 4, table 1, 6, and table 6, 9. and In testing technology lee N. Robins, Darlene H. Davis, and David N. Nurco, "How permanent was New techniques were developed ... Private ~uslness In Industries that can afflict employee or public safety Vietnam drug addiction?" American Vicent P. Dole, Wan Kyun Kim, and IIze Journal of Public Health Supplement are mO,~e apt to haye drug testing Eglitis, "Detection of narcotic drugs, progran'ls (1974),64:38·43. tranquilizers, amphetamines, and barbi~ turates in urine," Journal of the Ameri­ BlS, Survey of employer anti-drug Drug treatment system testing - can Medical Association (1966), 198(4):115-118 programs, Report 760, January 1989, BJA, Urinalysis as part of a Treatment Alternatives to Street Crime (TASC) table 2. program, BJA monograph, July 1988, 4 Thin-layer chromatography (TlC) and and gas chromatography (GC)- David F. Musto, The American disease: The White House, Don H. Catlin, A How did drug testing develop? Origins of narcotics control (New York: guide to urine testing for drugs of Oxford University Press, 1987), 258- abuse, Special Action Office Mono­ page 117 259. graph, series B, number 2, November 1973,7-10 Urine te.tlng expanded and The development of urine In the 1980a due to growing Raana Beckwith, Ann McClelland, and tostlng helped make outpatient Intolerance of drug use Walton Geiger, "Instant Kokowski," Pro­ methadone treatment feasible ceedings of the Fifth National Confer­ Rising public concern about the conse­ ence on Methadone Treatment, Vincent P. Dole and Marie Nyswander, quences of drug use in the 1980s ... 2(1973): 1060-1063 "A medical treatment for diacetylmor­ Robert M. Bray, Mary Ellen Marsden, and phine (heroin) addiction," Journal of the L. lynn Guess, Sara C. Wheeless, J. Cochin and J. W. Daly, "Rapid identi­ American Medical Association (1965), Vincent G. lannacchione, and S. Ran­ fication of analgesic drugs in urine with 193(8):80-84. dall Keesling, Highlights 1988 World­ thin-layer chromatography," Experientia wAJe Survey of Substance Abuse and (1962), 18:294-295 Health Behaviors Among Military and Personnel (Research Triangle Park, Vincent P. Dole, Wan Kyun Kim, and NC: Research Triangle Institute, 1990), IIze Eglitis, "Detection of narcotic drugs, 1 and 7 tranquilizers, amphetamines, and barbi­ and turates in urine," Journal of the Ameri­ David F. Musto, The American disease: can Medical Association (1966), Origins of narcotics control (New York: 198(4):115-118 Oxford University Press, 1987), 279. and

Technical Appendix 39 Drugs, Crime, and the Justice System

Walton Geiger, "Cocaine - with Specificity - speed," Proceedings of the Fifth How do drug tests work? NIDA, Richard L. Hawks and C. Nora National Conference on Methadone Chiang, "Examples of specific drug Treatment, 2(1973): 1064-1065 assl:iYs," in Urine testing for drugs of and page 118 abuse, Richard L. Hawks and C. Nora Robert J. Kokowski, Samuel Hamner, Chiang, eds., NIDA research mono­ and Myron Shiplet, "Detection of the What are the most common graph 73, 1986, 84-122, 98 use of methaqualone and benzodi­ drug testing technologies? and azeplnes in urine screening programs," Richard L. Hawks, "Analytical methodol­ Proceedings of the Fifth National Con­ ogy," In Urine testing for drugs of ference on Methadone Treatment, Immunoasuys - abuse, Richard L. Hawks and C. Nora 2(1973): 1073-1078. The White House, Special Action Office, Chiang, eds., NIDA research mono­ Don H. Catlin, A guide to urine testing grlaph 73,1986,36-37. for drugs of abuse, Special Action Immunoassq - Office Monograph, series B, number 2, The White House, Special Action Office, November 1973, 5, 7-20 What determine. If a drug test Don H. Catlin, A guide to urine testing and 'S posltlvo or negative? for drugs of abuse, Special Action Of­ Richard L. Hawks and C. Nora Chiang, fice Monograph, series B, number 2, eels., Urine testing for drugs of abuse, NIDA, Robert V. Blanke, "Accuracy in November 1973 NIDA research monograph 73,1986,19 urinalysis," in Urine testing for drugs of and and abuse, Richard L. Hawks and C. Nora Sydney Spector and Charles W. Pmker, Chiang, eds., NIDA research mono­ "Morphine: Radioimmunoassay," The White House, Special Action Office, graph 73, 1986, 43-53 Science (June 1970),168(3937):1347- Don H. Catlin, A guide to urine testing and 1348. for drugs of abuse, Special Action Office Monograph, series B, number 2, NIDA, "Mandatory guidelines for Fed­ November 1973, 5 eral workplace drug testing programs," R.... rch.r. are .tudylng and Federal Register, 11970 (April 11, alternatives to urine for 1988), 53(69):11983 detecting drugs of abu88 Eliot Marshall, "Testing urine for drugs" and Science (1988),241 (4862):150-152. BJA, American Probation and Parole David N. Bailey, "Drug screening in an Association, American Probation and unconventional matrix: Hair analysis," Chromatography - Parole Association's drug testing guide­ (editorial), Journal of the American NIDA, Richard L. Hawks, "Analytical lines and practices for adult probation Medical Association (1989), methodology," in Urine testing for drugs and parole agencies, prepared in coop­ 262(23):3331 of abuse, Richard L. Hawks and C. eration with the Council of State Gov­ and Nora Chiang, eds., NIDA research ernments, BJA monograph, NCJ- NIJ, Conference on Hair Analysis for monograph 73, 1986,30-42. 129199, July 1991,26-27. Drugs of Abuse, Final report, Society of Forensic Toxicologists, Inc. (SOFT) and Several factors can aff.ct National Institute on Drug Abuse in col­ page 119 the outcome. of drug tests laboration with NIJ, 1990, 2-3 and NIDA, Joseph E. Manno, "Interpretation Eric D. Wish and Bernard A. Gropper, The 88naltlvlty and specificity of urinalysis results," in Urine testing for "Drug testing by the criminal justice sys­ of drug t.ats vary drugs of abuse, Richard L. Hawks and tem: Methods, research, and applica­ C. Nora Chiang, eds., NIDA research tions," in Drugs and crime, Michael Sensitivity - monograph 73, 1986, 54-61, 55 Tonry and James Q. Wilson, ads., NIDA, Richard L. Hawks, "Analytical and volume 13, Crime and Justice (Chicago: methodology," in Urine testing for drugs AMA Council on Scientific Affairs, University of Chicago Press, 1990), of abuse, Richard L. Hawks and C. "Scientific Issues in drug testing," 321-391. Nora Chiang, ads., NIDA research Journal of the American Medical monograph 73, 1986, 30-42 Association (1987), 257(22):3110-3114, Some researchers aim to adapt and table 2, 3112 or refine specHIc techniques NIDA, Joseph E. Manno, "Specimen and collection and handling," in Urine testing NIDA, Richard L. Hawks and C. Nora NIDA, Richard L. Hawks, "Analytical for drugs of abuse, Richat'd L. Hawks Chiang, "Examples of specific drug methodoiogy," In Urine testing for drugs and C. Nora Chiang, eds., NIDA re­ assays," in Urine testing for drugs of of abuse, Richard l. Hawks and C. search monograph 73, 1986, 24-29. abuse, Richard L. Hawks and C. Nora Nora Chiang, eds., NIDA research Chiang, eds., NIDA research mono­ monograph 73, 1986, 30-42, 38. graph 73, 1986, 84-112, 85 & 93.

40 Technical Appendix Drugs, Crime, and the Justice System

Drug te.s detect drug u .. Most drug te,tlng programs Immunoassay screening can now but not Impalrmant UM chain of custody procedures be done on-site without Instruments or laboratory analysis AMA Council on Scientific Affairs, BJA. American Probation and Parole "Scientific issues in drug testing." Jour­ Association. American Probation and BJA. American Probation and Parole nalof the American Medical Association Parole Association's drug testing guide­ Association. American Probation and (1987). 257(22):3110-3114. 3111. lines and practices for adult probation Parole Association's drug testing guide­ and parole agencies. prepared in coop­ lines and practices for adult probation eration with the Council of State Gov­ and parole agencies, prepared in coop­ ernments. BJA monograph, NCJ- eration with the Council of State Gov­ How do drug testing programs 129199. July 1991.41-46. ernments. BJA monograph, NCJ- work? 129199, July 1991, 64-65. 77, 125. Testing programs may use on-site page 120 analysis or send samples to an The National Highway Traffic Safety external or commercial laboratory Administration Is training police to recognize drug-Impaired drivers Programs that monitor over time BJA. Urinalysis as part of a Treatment can test on an unscheduled basis Alternatives to Street Crime (TASC) BJA, Drug recognition program. BJA or according to a preset schedule program, BJA monograph. July 1988, monograph. April 1989, i. 3 and 5. 10. BJA, American Probation and Parole Many workers found to be Illegal Association. American Probation and drug users are referred to programs Parole Association's drug testing guide­ for counseling or rehabilitation lines and practices for adult probation page 121 and parole agencies. prepared In coop­ Congressional Research Service. eration with the Council of State Gov­ Many drug tast manufacturers Sharon S. Gressle. Drug testing in the ernments. BJA monograph. NCJ- will train laboratory staff workplace: Federal programs. March 8, 129199. July 1991. 33. 1989.7 BJA. Urinalysis as part of a Treatment and Some programs combine collection Alternatives to Street Crime (TASC) James M. Sokolowski. "Government methods ... program. BJA monograph, July 1988, drug testing: A question of reasonable­ American Correctional Association. 11 ness." Vanderbilt Law Review (May Drug abuse testing: Successful models and 1990).43(4):1343-1376 for treatment and control in correctional BJA. American Probation and Parole and programs, second edition. 1981. chap­ Association. American Probation and BlS. Survey of employer anti-drug ters and 4 5. Parole Association's drug testing guide­ programs. Report 760. January 1989. lines and practices for adult probation table 8,11. Confirmatory tests may ba and parols agencies. prepared in coop­ dona to verify positive results eration with the Council of State Gov­ The criminal Justice system uses of screenings ernments. BJA monograph. NCJ- a variety of sanctions for offenders 129199. July 1991.71-72. who test positive NIDA. "Mandatory guidelines for Fed­ eral workplace drug testing programs." On-site or external laboratories can BJA. American Probation and Parole Federal Register, 11970 (April 11. maintain the credibility of their testn Association, American Probation and 1988). 53(69):11993. Ing programs by following estab· Parole Association's drug testing guide­ IIshed quality assurance procedures lines and practices for adult probation NIJ. ChriSty Visher and Karen McFad­ and parole agencies. prepared In coop­ den, A comparison of urinalysis tech­ BJA. American Probation and Parole eration with the Council of State Gov­ nologies for drug testing in criminal Association. American Probation and ernments. BJA monograph. NCJ· justice. NIJ research in action. NCJ- Parole Association's drug testing guide­ 129199. July 1991. 49. 129292. June 1991. 1. lines and practices for adult probation and parole agencies. prepared in coop­ eration w~h the Council of State Gov­ ernments. BJA monograph. NCJ- 129199. July 1991. 65.

Technical Appendix 41 Drugs, Crime, and the Justice System

Stata law. regulate employee testing In decisions on the reasonableness ... The APT Foundation Task Force, Re­ Constance Thomas, 1990 State sub­ port on drug and alcohol testing in the stance abuse laws, Intergovernmental workplace (New Haven, CT: The APT Health Policy Project, (Washington: Foundation, 1988), 32. George Washington University, March 1991),149-150. Government agencies ... James M. Sokolowski, "Government drug testing: A question of reasonable­ ness," Vanderbilt Law Review (May Has drug testing been 1990),43(4):1343-1376,1347. challenged In court? Recent U.S. Supreme Court rulings page 122 allow government testing of workers whether or not there Is Individualized suspicion of drug use Legal protections vary for persons subject to drug testing Skinner v. Railway Labor Executive's Association, 489 U.S. 602, 109 S. Ct. Cathryn Jo Rosen and John S. Gold­ 1402, 1031.Ed. 2d 639 as cited in NIJ, kamp, "The constitutionality of drug Barbara Webster and Jerrold B. Brown, testing at the bail stage," Journal of Mandatory and random drug testing in Criminal Law & Criminology (1989), the Honolulu Police Department, NIJ 80(1 ):114-176 research in action, NCJ-117718, Octo­ and ber1989,6 The APT Foundation Task Force, Re­ and port on drug and alcohol testing in the National Treasury Employees' Union v. workplace (New Haven, CT: The APT Von Raab, 489 U.S. 656, 109 S. Ct. Foundati(:>n, 1988), 114-176. 1384,103 L.Ed. 2d 685 (1989) as cited in NIJ, BarbaraWebster and Jerrold G. Different categories of employees Brown, Mandatory and random drug have different rights regarding testing in the Honolulu Police Depart­ workplace testing ment, NIJ research in action, NCJ- 117718, October 1989, 6 The APT Foundation Task Force, Re­ and port on drug and alcohol testing in the Congressional Research Service, workplace (New Haven, CT: The APT Charles V. Dale, Federally mandated Foundation, 1988), 33-39 drug testing of transportation workers, and June 16,1989,1,2. U.S. Congress, Congressional Re­ search Service, Gail McCallion, Drug testing in the workplace: An overview of employee and employer interests, February 8, 1989, 4.

The courts have ruled that drug testing Implicates the fourth amend· ment protection from unreasonable search and seizure

With little disagreement... Cathryn Jo Rosen and John S. Gold­ kamp, "The constitutionality of drug tasting at the bail stage," Journal of Criminal Law & Criminology (1989), 80(1):114-176,129,132.

42 Technical Appendix Drugs, Crime, and the Justice System

Chapter III Section 5. The costs of Illegal drug use

What are the costs How much does the Federal of Illegal drug use? Government spend on the drug problem?

page 126 page 128

HHS, ADAMHA, Dorothy P. Rice, Many Federal departments and The Federal drug control budget Sander Kelman, Leonard S. Miller, and agenCies are Involved In drug control was $42.78 per capita In 1991 Sarah Dunmeyer, The economic costs of alcohol and drug abuse and mental The White House, ONDCP, National The White House, ONDCP, National illness: 1985, 1990 drug control strategy: A Nation drug control strategy: A Nation and responds to drug use, Budget summary, responds to drug use, Budget summary, The White House, ONDCP, National January 1992, 6-7, 22, 35-55, 75-124, January 1992. drug control strategy: A Nation 146,173-174. responds to drug use, Budget summary, Total resident population including January 1992, 212-214 armed forces as of 9/30/91 from U.S. and Bureau of the Census, Estimates of the BJS, Justice Expenditure and population of the United States to April Employment Survey, 1988, unpublished 1, 1992, Series P-25, No. 1087, June data. The estimation procedures are 1992. discussed beginning on page 44 of this Technical Appendix. Drug Interdiction efforts and corrections account for tWo-fifths the Federal drug law enforcement budget

Dollars In millions Percent Percent change distribution Activity 1981-91 1981-91 1991 1981 1991 change Total law enforcement' $855.2 $7,156.5 $6,301.3 736.8% 100.0% Interdiction 349.7 2,027.9 1,678.2 479.9% 28.3% Investigations 211.3 1,288.2 1,076.9 509.7% 18.0% International 66.8 639.6 572.8 857.5% 8.9% Prosecution 70.6 583.7 513.1 726.8% 6.2% Corrections 67.6 1,265.1 1,1n.5 1,344.2% 17.7% Intelligence 23.1 104.1 81.0 350.6% 1.5% State & local assistance 27.6 1,015.5 987.9 3,579.3% 14.2% Regulatory 18.5 31.4 12.9 69.7% .4% Other law enforcement 0 201 201.0 2.8%

-Excludes research and development, which accounted lor $4.9 billion In 1981 and $111.4 billion In 1991. Report text incorrecdy states !hat research and development is included In the 4.7% In the linal bullet.

Source: The White House, ONDCP, National drug control strategy: A Nation responds 10 drug use, Budget summary, JanuarY 1992,212-214.

Technical Appendix 43 Drugs, Crime, and the Justice System

page 129 What are the trends In Federal Spending on the drug problem?

ThelNM provided :$150 million for page 130 International drug control In 1991 U.S. Department of State, Bureau of Although the Federal drug law enforcement budget International Narcotics Matters, Interna- Increased rapidly from 1981 to 1991 ... tional narcotics control strategy report, Expenditures In mllions of dollars March 1991, 45. Law Drug abuse Drug abuse enforcement prevention treatment Total Most direct financial drug control Year assistance goes to latin Amorlca 1981 $860.1 $116.5 $487.5 $1,464.1 1982 $1,052.0 $126.0 $473.9 $1,651.9 U.S. Department of State, Bureau of 1983 $1.258.9 $151.3 $524.5 $1,934.7 International Narcotics Matters, Interna- tional narcotics control strategy report, 1984 $1,579.0 $160.1 $556.6 $2,297.9 March 1991,43. 1965 $1,695.6 $161.6 $602.2 $2,679.6 1966 $2,012.6 $165.6 $627.7 $2,626.3 1967 $3,376.9 $510.2 $697.6 $4,766.7 How much do State and local 1986 $3,224.7 $536.1 $939.6 $4,702.4 jusUce systems spend 1969 $4,564.3 $606.4 $1,201.7 $6,592.4 on drug crime? 1990 $6,594.2 $1,365.7 $1,733.2 $9,693.1 1991 $7,267.9 $1,633.3 $1,939.9 $10.641.1 page 131 Percent of total for:

Total drug Law Drug abuse Drug abuse RTI and BJS developed estimates of Year control budget enforcement prevendon treatment the cost of drug law enforcement and the adjudication and correctional super- 1961 $1,464.1 58.7% 8.0% 33.3% vision of drug law violators for Drugs, 1982 $1,651.9 63.7 7.6 26.7 Crime, and the Justice System using 1983 $1,934.7 65.1 7.8 27.1 the following methodology. 1984 $2,297.9 66.7 7 24.3 State and local justice systems typically 1965 $2,679.6 70.7 6.8 22.5 do not report costs by type of crime. 1966 $2,826.3 71.2 6.6 22.2 Therefore, total justice expenditure data 1987 $4,766.7 70.6 10.7 16.6 collected by the U.S. Bureau of the Census for the Bureau of Justice Statis- 1966 $4,702.4 66.6 11.4 20 tics (BJS) is adjusted using statistical in- 1969 $6,592.4 69.5 12.2 18.2 dicators of the proportion of total justice 1990 $9,693.1 68 14.1 17.9 system activity due to drug law viola- 1991 $10,641.1 67 15.1 17.9 tions. This methodology is based, in part, on that used by Cruze et al. Source: The White House, ONDCP, National drug control strategy: (1981), Harwood at al. (1984), and Rice A Nation responds to drug use, Budget summary, January 1992,212-214.

44 Technical Appendix Drugs, Crime, and the Justice System

et al. (1990) for the U.S. Department Oeneral procedures Another source of underestimation in of Health and Human Services (HHS), the justice expenditure data Is the ex­ Alcohol, Drug Abuse, and Mental Heahh For Gach of the major justice areas clusion of employee pension payments Administration (ADAMHA). The (:police protection, judicial, and correc­ and government contributions to retire­ ADAMHA methodology used - 'dons), available indicators of the propor­ ment systems. These are not included • FBI arrest statistics to estimate police tion that drug law violations account for because State and local agencies can­ protection and adjudication expendi­ of total activity were identified. In Identi­ not always report them separately for tures resuhlng from drug law violations fying data sources for this purpose, justice agencies. strong preference was given to natlon­ • BJS prison and jail Inmate survey data ally representative data sets, particu­ In some instances, the justice expendi­ to estimate corrections case load and larly those produced by BJS. The ture data were adjusted to more closely expenditures. selected drug indicators in terms of align them with the drug indicators proportions were then multiplied by the being used. This is discussed as appro­ The methodology used by RTI and BJS 1988 justice expenditures reported by priate in the detailed discussion of each in developing the current State and BJS in Justice Expenditure and Employ­ justice sector that follows. local estimates for 1988 deviates from ment in the U.S., 1988. The calculations the ADAMHA methodology in several were performed by type and size of Police drug law enforcement important respects: government to control for variations in expenditure estimate. • No attempt is made here to estimate expenditures and drug violation work­ the costs of drug-related crime to the load by those variables. In general, Available police protection indicators justice system where more than one drug law indicator • Unlike the earlier estimates which was available, estimates were devel­ Two Indicators of drug law enforcement adjusted total State and local expendi­ oped for all available indicators. activity exist: tures, the approach here is to dissag­ • arrests for drug law violations as gregate the expenditure data and the Matching the indicator data to the ex­ reported by the FBI's Uniform Crime indicator data as much as possible to penditure data requires certain assump­ Reporting (UCR) Program (table A1) tions .".Jut the relationship between the more closely match one another, This is • estimated drug law enforcement ex­ two. f- vI each of the three major justice described in th9 detailed discussion of penditures from a survey of State and the computations that follows. areas adjusted, these assumptions and their probable accuracy are discussed local law enforcement agencies con­ • The current estimates rely on a after the estimation procedure is de­ ducted for the United States Customs greater variety of indicators than the Service in 1986 (table A2). earlier estimates. This is possible be­ scribed. cause of the creation of several new Expenditure data Both sources provide data by type and data sets, most notably the BJS judicial size of government. However, the FBI series, which began in 1986. "Direct justice expenditure," which ex­ does not report arrest data separately cludes intergovernmental expenditure, for State law enforcement agencies. Because of these deviations from the was selected because the adjustments Moreover, State agencies are not coded original ADAMHA methodology, the cur­ were dissaggregated by government on the data tapes In a way that they rent estimates are more refined but are type and size and could not be summed could be identified. According to the not comparable to the earlier estimates. if the intergovernmental amounts were Uniform Crime Reporting staff, most included because it would result in dou­ State police agency arrests are coded Since these estimates were developed, ble counting. Thus, the totals for any to rural counties. Other State lawen­ the U. S. Census Bureau has collected particular level or type of government forcement agencies may have other 1990 and 1991 State and local drug law are an understatement of the cost be­ codes. For example, State university enforcement, adjudication, and correc­ cause intergovernmental expenditures police forces are coded as small cities. tions expenditure data for the Office of are excluded. In 1988, State govern­ In the absence of a method of separat­ National Drug Control Policy. The data ment intergovernmental expenditure for ing out the State agency arrests, the have not yet been published, but it is percent of rural county arrests that are al[ ~llstice activities was 8.6% of total expected that any reports will be avail­ State expenditure; the figure for county drug law violations is used to adjust the able through the BJS Clearinghouses governments was .8%, and for munici­ State police expenditures. and any data tapes through the National palities it was 2.6%. This does not affect Archive of Criminal Justice Data. How the totals for all State and local govern­ Available State and local police to contact these resources is described ments and for 811 local governments be­ protection expenditure data elsewhere in this technical appendix. cause the intergovernmental amounts Those survey results have not been are included as direct expenditures Police protection expenditure data are Elxamined by BJS, but it is unlikely that when the recipient government spends available separately for State and local they would be directly comparable to the monay. governments by the type and size cate­ the estimates developed here. gories shown in table A3.

Technical Appendix 45 ------~------

Drugs, Crime, and the Justice System

Table A1. Arrests, 1988 Table A2. Per«:ant expenditures for Drug arrests drug law enforcement, 1986 Size and type All arrests Number Percent Percent drug Size and type expenditures Total State and local 10,138.830 850.034 8.38% Total State and local State police " " " State police 20.0% LocaIlDtaI 10.138,830 850.034 8.38% Local total All cldes 7,928.568 686,841 8.66% All cities >250,000 2,903.162 347.000 11.95% >100.000 18.4% <250,000 5.025,404 339.841 6.76% <100,000 17.1% Counties 2.210,264 163,193 7.38% Counties Suburban 1.372.807 105.916 7.72% >100,000 19.5% Rural 837.457 57,2n 6.84% <100,000 17.4% "Not available. Source: FBI. Crime In the U.S., 1988, August 1989. table 26. "Not available. Source: Wharton Econometrics, for the U.S. Customs Service, "Antl-drug Law Enforcement Tabla A3. ·Dlrect police protection hours spent serving as witnesses In Efforts and Their Impact,· 1987, (unpublished), axplndnura.,1988 lengthy judicial proceedings. Wide varl- table 3. Pollee ations In enforcement resources for protection drug law violations are not uncommon, rural counties, and these are used for Size and type In, thousands but on average, arrest information may the large and small county expenditure be an accurate indicator of drug law en- Total State and local $24,401.413 data respectively (above or below forcement expenditures. 500,000 population). Similarly, the State $4,078,136 • Assumption: Differences in the /oca- Customs Service survey data are for Local total $20.323,2n tion sizes for which indicator and expen- chies and counties whh populations Allcilies $15,622.542 diture data were col/ected do not affect over 100,000 and are applied to expen­ >300,000 $6.391,257 the suitability of the indicator for use diture data for cities whh populations of 300,000 or more and counties whh pop­ <300,000 $9,231,285 with the expenditure data. large city arrest data are for cities with popula- ulations over 500,000. Desphe these All counties $4,700,735 tions over 250,000. These data are ap- size differences, the aggregation of >500,000 $2,161.146 plied to expenditure data for cities with State and local drug law enforcement <500,000 $2,539,587 populations of 300,000 or more. The expenditure estimates at each dissag­ UCR county data are for suburban and gregate level may be more accurate Source: BJS, Justice Expenditure and Employmenfln the U.S., 1988, NCJ-125619, Allgust 1991, tables 5,12,17. Table A4. Police proteetlon drug law enforcement Indicators and estimated drug expendnure Estimating police protection Total Percent drugs Estimated drug expend· expenditures for enforcing drug," .. ;IS expenditure In from sources: Itures In thousands using: Government thousands of The computations and results are size and type dollars CUstoms Arrests Customs Arrests shown in table A4. Total $24,401,413 8.38% $4,433,480 $2,007,283 Police protection assumptions State $4,078,136 20.00% 6.84% $815,627 $278,945 and commentary Local total $20,323.2n 8.38% $3,617,853 $1,728.338 All cities $15,622,542 8.66% $2,754,541 $1,387,790 • Auumptlon: Arrests for drug law Large $6,391,257 18.40% 11.95% $1,175.991 $763,755 violations are an accurate reflection of Small $9,231,285 17.10% 6.76% $1,578,550 $624,035 police workload and related expendi­ tures for enforcing drug laws. Hundreds All counties $4,700,735 7.38% $863,312 $340,548 of drug arrests may be made whh mini­ Large $2,161,148 19.50% 7.72% $421,424 $166,841 mal police resourCes in street sweeps of Small $2,539,587 17.40% 6.84% $441,688 $173,708 retail drug markets. On the other hand, "Not available. the arrest of one major drug wholesaler Note: Total cells are sums of data shown by olze and type breaks and not the result of applying may require hundreds of police hours the percents shown, which produce different totals due to rounding in the computer program. spent investigating and additional police Percent used for State police arrests Is that for rural counties.

46 Technical Appendix Drugs, Crime, and the Justice System

than a total State and local drug law en­ employment questions and adjusted for Table B1. Available Indicators forcement expenditure estimate calcu­ inconsistencies. These adjustments are of drug caS9S In State and local lated using the overalf proportion of describsd in the study report. However, court systems drug arrests. In fact, they come out no public-use tape or hard-copy records Government about the same using the two methods. of the actual data are available to exam­ size and type NJRP NPRP Arrests ine the rsasonableness of thase adjust­ • Assumption: State law enforcement Total State agencies make the same proportion of ments. One of the adjustments was to 34.4% 8.38% "cap" drug law enforcement expendi­ and local drug arrests as do rural county police. State There is no information on a national tures at 20% for the 30 departments basis on this. State police responsibili­ that reported a higher percent (less than Local total 8.38% ties vary across States. Thosa State law 1% of total departments reporting). All cities 8.66% enforcement agencies that have broad­ • Assumption: The 1986 Customs Large 11.95% Service survey data reflect the propor­ based investigative powers probably Small 6.76% make proportionalfy more drug arrests tion of police expenditures for drug law than a typical rural county sheriff, but enforcement in 1988. Since 1986, there All counties 7.38% this may be offset by S1ate police in Is reason to believe that police depart­ Large 37.7% 34.7% 7.72% other States whore they have more ments have increased the proportion o.f Small 30.4% 6.84% limited responsibilities. resources used for drug law enforce­ ment in many communities. This trend 'Not available. • Auumptlon: The Customs Service Note: Half (17% of THE NJRP total) are drug survey data are not biased by a low is particularly strong in areas severely trafficking convictions; the remainder are estimated response rate. The Customs Service affected by "crack" cocaine and in new by the source to be felony drug possession sponsored the survey of State and local transshipment locations as intensive convictions. surveillance along old routes causes Sources: BJS, NJRP, Felony Sentences In State police departments as a part of a larger Courts. 1988, 1; BJS, NPRP, Felony Defendants study of the cost-effectiveness of drug drug traffickers to seek less heavily monitored means of transporting drugs. in Large Urban Coundes, 1988, table 1; and FBI, interdiction vs. State and local investi­ Crime in the U.S., 1988, table 26. gation and apprehension of drug law The quantitative impact of these changes on law enforcement expendi­ violators. The study has been criticized Available adjudication expenditure data on a number of dii'I1ensions, although tures is unknown, but would be ex­ no reviews have been published - pected to increase the cost of drug law enforcement. The Justice Expenditure and Employ­ perhaps because the study itself has ment Survey produces data on expendi­ not been published and is not widely tures for the judicial activities of: available. Specifically, the study's sur­ Adjudication of drug law violators vey has been criticized for a low overall expenditure estimates • courts response rate (34%). However, the • prosecution and legal services Available State and local drug response rates for State police, large • public defense. cities, and large counties were consid­ adjudication cost indicators erably higher - 78%, 68%, and 59%, Data are available for each of these cat­ Three indicators of the prosecution and respectively. These jurisdictions ac­ egories, as displayed in table 82. count for about half of total police pro­ adjudication of drug cases were consid­ ered; these are displayed in table 81: tection expenditures. In addition, the Each of these categories contains data authors of the Customs Serv;ce study • 1988 data on State felony court con­ for activities at all levels of court juris­ examined the responding and nonre­ victions from 8JS's National Judicial diction. In the absence of data, no at­ sponding agencies from several differ­ Reporting Program (NJRP) tempt is made here to prorate data for ent perspectives, including geographic • 1988 data for defendants in the 75 limited, general, or appellate jurisdiction region and size of the surrounding area, largest counties from BJS's National courts, although the data are available and concluded that there was no reason Pretrial Reporting program (NPRP) separately for these court levels for to expect that the results were biased State governments and for large county by nonresponse. • 1988 arrests for drug law violations, as reported by the FBI's Uniform Crime governments. • Assumption: The 1986 Customs Reporting (UCR) Program. Service survey data accurately measure The judicial data also contain data for State and local drug law enforcement The NPRP data were not used because civil actions; as discussed below, the expenditures. A second question re­ they are not nationally representative. data are prorated to discount for these garding the Customs Service survey is activities. to what extent the battery of quastions Soma geographic breaks are available on drug law enforcement expenditures from the NJRP j basically counts of accurately measured actual expendi­ felony convictions for all felony courts tures for drug law enforcement. The au­ and for large counties, which allows the thors compared the responses to the computation of a residual of cases out­ drug law enforcement expenditure and side of large counties.

Technical Appendix 47 Drugs, Crime, and the Justice System

Adjusting court expenditure data Estimating expenditures for adjudicating the adjudication cost estimates are the for civil and traffic cases drug law violation cases least credible. As the technical discus­ sion shows, the available workload indi­ Reported court expenditure data include Applying the drug adjudication indica­ cators are not well suited to the task of not only criminal and juvenile delin­ tors discussed above to the adjusted being surrogates for court caseload. quency court costs, which are pertinent expenditure data results in the esti­ to this study, but also civil and traffic mates of drug law violation adjudication • Assumption: The UCR arrest data case costs. The National Center for shown in table B3. are representative of court workload State Courts reports that in 1988, civil distribution. There is no way to know case filil"!gs were 17.2% of all trial case The adjudication expenditure data pro­ the accuracy of this assumption. Not all filings and traffic cases were 69.2%. duced by method I described above are arrests result in court cases, and those Clearly to apply the indicator percents prorated by the proportion of all arrests that do can vary widely in complexity to all court expenditures would overesti­ that are for drug law violations. This and the amount of time the judicial sys- . mate the amount of court expenditures produces what is probably the lowest tern must devote to them. for drug cases. Consequently, the judi­ estimate of expenditure for adjudicating cial expenditure data were adjusted to drug law violators. The alternative • Assumption: The BJS felony case exclude civil and traffic cases. method II prorates only the court data data are representative of misdemeanor and adds it to the prosecution and pub­ cases. About 73% of all drug arrests The 13.6% of all trial court filings that lic defense expenditures before apply­ reported in the Uniform Crims Reports were for criminal and juvenile cases ing the higher NJRP indicator to set an (UCR) are for possession offenses percentage was applied to judicial ex­ upper bound on drug adjudication ex­ which are likely to ba misdemeanors, penditures to estimate the adjudication penditure, as shown in table B3. but the FBI does not know whether expenditures that are related to criminal agencies are reporting arrests for pos­ and juvenile delinquency cases, as Table B3 displays the geographic detail session with intent to sell/distribute as shown in table B2. In method I, all judi­ available. This is considered less possession or sale arrests. Possession cial data, including prosecution and reliable than the State and local totals with intent to sell/distribute is consid­ public defense, are discounted by the because the indicators by level of gov­ ered to be more serious than simple 13.6%. In method II, only the court ernment are inconsistent in some areas possession and most likely carries portion is discounted before summing it with the level of government spending. higher penalties; they may be reported with all prosecution and public defense For example, cases begun by a city ar­ in court statistics as felony cases. No expenditures. Two methods were used rest are often heard in a State or county national information exists on the pro­ because neither one is entirely satisfac­ court. portion of misdemeanor court cases tory and the use of two methods will that are drug cases, so felony case allow the development of a range of Adjudication assumptions figures must be used. expenditure that could be attributable to and commentary • Assumption: On average, a court the adjudication of all criminal and delin­ case for a drug offense costs no more quency cases and the subset of drug Of the three areas of justice system or less than any other type of criminal cases. drug control activities studied hera...:.. court case. This is tantamount to as­ police, adjudication, and corrections- suming that drug cases are no more or

Table 82. Adjudication expenditure data, 1988 (thousands of dollars)

Estimated criminal Detailed Judicial as reported All Judicial Size and type as reported Method I Method II Courts only Prosecution Public defense .c,

Total State and local $10,749,475 $1,461,929 $5,168,189 $6,459,822 $3,276,822 $1,012,831 State $4,235,828 $576,073 $1,816,521 $2,800,124 $1,040,341 $395,363 Local total $6,513,647' $885,856 $3,351,668 $3,659,698 $2,236,481 $617,468 All cities $1,787,377 $243,083 $1,155,225 $731,657 $917,052 $138,668 >300;000 $993,548 $135,123 $641,044 $407,991 $456,625 $128,932 <300,000 $793,829 $107,961 $514,182 $323,666 $460,427 $9,736 All counties $4,726,272 $642,773 $2,196,445 $2,928,041 $1,319,430 $478,801 >500,000 $2,590,110 $352,255 $1,209,755 $1,597,633 $680,888 $311,589 <500,000 $2,136,162 $290,518 $986,689 $1,330,408 $638,542 $167,212 Sources: BJS, Justice Expenditure and Employment In the U.S., 1988, NCJ-125619, August 1991, table 5, and National Center for State Courts, State court caseload statistics: Annual report 1988, page 5.

48 T9Chnical Appendix

~------Drugs, Crime, and the Justice System

Corrections expendlturee.tlmates· Table B3. Adjudication drug case Indicators and for convicted drug law violators estimated drug expenditure (thousands of dollars)

Adjusted judicial Percent drugs Estimated drug Available State and local corrections expenditure from sources: expenditures using: cost indicators Government alze &type Method I Method II NJRP Arrests NJRP Arrests Several indicators of drug offender Total State correctional activity exist: . and local 1,461,929 $5,168,189 34.40% 8.38% $1,777,857 $122,510 • BJS surveys of State prison and local State 576,073 $1,816,521 6.84% $0 $39,403 jail inmates that report on the in6arcera~­ Local total 885,856 $3,351,668 8.38% $0 $74,235 tion offense All cities 243,083 $1,155,225 8.66% $0 $21,051 • the Children in Custody series that >300,000 135,123 $641,044 11.95% $0 $16,147 reports on the number of juveniles in detention for drug offenses <300,000 107,961 $514,182 - 6.76% $0 $7,298 • BJS judicial surveys that report on All counties 642,773 $2,196,445 7.38% $0 $47,437 sentences to incarceration and proba­ >500,000 352,255 $1,209,755 37.7% 7.72% $456,078 $27,1.94 tion for drug offenders <50Q,OOO 290,518 $986,689 30.4% 6.84% $299,954 $19,871 • smaller research studies on pardons. "Not available. Note: Percent used for State pollee arrests Is that for rural counties. Available corrections expenditure data

State and local corrections expenditure less likely, on average, than other cases cases filed that are criminal or juveniie is reported by BJS in similar categories to be disposed of by trials vs. guilty most likely results in an under estimate as shown in tables C1 and C2: of actual costs for criminal cases and pleas vs. dismissals. Clearly, cases that • institutions for adults and juveniles, go to trial (either bench or jury) cost for drug cases. However, this is offset separately more than those that are disposed of by somewhat by incomplete reporting by a guilty plea entered at the beginning of the States to the National Center for • probation, pardon, and parole trial. Likewise, those disposed of by a State Courts on traffic filings - only 15 combined - guilty plea are likely to cost more than States included them. • other corrections. those that are dismissed. According to • Assumption: The proportion of drug BJS's report, Felony Case Processing offenses of total offenses is the same In the adjustments and estimates dis-­ in State Courts, 1988, drug trafficking for juveniles and adults. Adjudication cussed below, each corrections compo­ cases are settled by a guilty plea about expenditure data include juvenile court nent is discussed separately. as often as all felony cases, 92% and costs. State Court Caseload Statistics: 91% respectively, so this assumption Annual Report, 1988, by the National Adjusting corrections expenditure data appears warranted. Center for State Courts, reports that ap­ for institutions • Assumption: On average, a traffic or proximately 1.5% of all trial court filings civil case costs no more or less than a in 1988 were for juvenile cases. Also, The BJS Survey of Justice Expenditure criminal or juvenile case, and the distri­ the National Center for Juvenile Justice and Employment presents only direct' bution of filings for these cases reflect reports that in 1988, around 7% of total current expenditure by type of institution court caseload and expenditures. The juvenile delinquency cases processed as displayed in table C2. Direct current Census Bureau has determined that no were for drug offenses. Adjudication ex­ expenditure excludes capital outlays. consistent basis exists for prorating penditure can not be separated out by The survey provides direct current ex­ court expenditures by traffic, civil, crimi­ criminal and juvenile cases. Thus, to penditure data for institutions for State nal, and juvenile. The data on cases use the higher adult felony indicator for governments and for the 72 largest flied (particularly for civil cases where all expenditures tends to overestimate counties. many cases are filed but settled by the total drug-case court costs somewhat. parties with little or no court involve­ Juvenile expenditure data are further The survey does report total institution ment) are probably a poor indicator of complicated by the inability of the direct expenditures used in the rest of the impact of civil cases on court re­ Justice Expenditure Survey to report this analysis, but does not report them sources. Criminal and civil case disposi­ on a national basis to what extent by type of institution. In order to esti­ tion data would be a better indicator of non-court-hearing juvenile workload mate the total direct expenditure for court workload, but are unavailable. The was included in court expenditures or institutions by type of institution, the fol­ volume of traffic case filings is a poor in­ probation (corrections) expenditures. lowing adjustments were made. dicator of court workload as such cases Examples of such non-court-hearing take considerable less time than the functions are intake, non petitioned First, as shown in table C3, the distribu­ other types of court filings. Discounting cases, and informal dispositions. tion of direct current expenditure across adjudication costs using the 13.6% of

Technical Appendix 49 Drugs, Crime, and the Justice System

and Delinquency Prevention (OJJDP) Table 01. Direct corrections expenditures, 1988 (thousands of dollars) periodically surveys juvenile detention All correctional Insti1lJtions Probation facitlities. None of these was conducted Size and Total parole All Adult Juvenile for 1988, the year of the expenditure type corrections pardon Other data being adjusted. Thus, it was nec­ Total State essary to prorate the survey data to andlocaJ $17,982,276 $15,262,966 • · $2,004,293 $715,017 1988 as shown in table 04. State 11,661,100 9,667,736 · · 1,078,347 715,017 LocallDtai 6,321,176 5,395,230 925,946 Table C4. Proration of Jail and prison · · · Inmate survey data and Juvenile Cities 1,582,513 1,470,348 • 112,165 • ·, public detention data to 1988 Counties 4,738,663 3,924,882 · 813,781 · Jail Inmate data proration 'Not available. Nots: "Other corrections· available only for Stats gcwernments. Source: BJS, Justice Expenditure and Employment in the U.S., 1988, NCJ-125619, Percent in jail August 1991, table 41. for drug offense 1983 10.0% Table C2. Direct current expenditures for Institutions, 1988 1984 12.1 (thousands of dollars) 1985 14.2 1986 16.2 Size and Other and All . combined 1987 18.3 type Adult Juvenile 1988 20.4 State $8,152,547 $6,260,142 $1,186,357 $706,046 1989 22.5 Percent 100.00% 76.79% 14.55% 8.66% Note: Data were collected In 1983 and 1989; the rest are prorated. 72 largest . 1,645,338 315,180 counties 1,330,158 Prison Inmate data proration Percent 100.00% 80.84% 19.16% . Percent In prison 'Not available. for drug offense Nota: Adult Institu~ons summed from Institutions for men and women in text Source: BJS, Justice Expenditure and Employment In the U.S., 1988, NCJ-125619, 1986 8.60% August 1991, tables 47 and SO. 1987 11.28 1988 13.96 1989 16.64 Table C3. Estimated direct expenditures for Instltutlons,1988 1990 19.32 (thousands of dollars) 1991 22.00 Other and Note: Data were collected for 1986 and 1991; combined Size & type All Institutions Adult Juvenile the rest are prorated. State $9,867,736 $7,577,194 $1,435,951 $854,589 Juveniles In public facilities data proration Percent 100.00% 76.79% 14.55% 8.66% Prorated Percent for combined $9,867,734 $8,295,632 $1,572,102 0 drug offense Percent 100% 84.07% 15.93% 0.00% 1987 10.6% AlllocaJ $5,395,230 $4,361,723 $1,033,S07 . 1988 8.6 1989 6.6 Percent 100.00% 80.84% 19.16% . Note: Data were collected for 1987 and 1989; 'Not available. percent for 1988 was prorated. Source: BJS, Justice Expenditure and Employment In the U.S., 1988, NCJ-125819, August 1991, tables 47 and SO. Sources: BJS, Profile of lallinmates, 1989, Profile of State prison inmates, 1986, and Prisons and prisoners in the United States; and OJJDP, Public institution type from table 02 was ap­ Available indicators of proportion Juvenile Facilities: Children in Custody 1989, table plied to total direct expenditures for of incarcerated population that is 3, page 5 text, and footnote 3 on page 5. State governments and for aU local gov­ for drug offenses ernments from table 01. Then, the Probation, parole, and pardon residual Wother and combined institu­ BJS conducts quinquennial surveys of indicators tion" category was prorated between State prison inmates and inmates of adult and juvenile institutions for State local jails. These surveys are the best There are no national counts of proba­ expenditures; this was not necessary source of estimates on the otfense dis­ tion, parole, or pardon drug offender for local expenditures. tribution of the adult incarcerated popu­ populations, so they were estimated as lation. The Office of Juvenile Justice described below.

50 Technical Appendix Drugs, Crime, and the Justice System

The proportion of probationers who Table 06. Estimating the number and percent were drug offenders was estimated ofthe pardon workload that Is drug offenders using the numbers sentenced to proba- tion from the National Judicial Reporting Applications received Program (NJRP) as seen in table 05. Percent Number Total If drugs State Total Pardon Commutation drugs drugs available Table C5. Estimating the number and percent of the probation AR 276 86 190 population CA 213 213 75.0% 159.75 213 CO 0 80.0% Sentenced felons DE 68 59 9 All felons 657,366 FL 0 Percent to probation 30% GA 0 Estimated number 200,210 HI 17 16 10.0% 1.70 17 to probation ID 176 4 172 14.5% !~5.52 o. Drug traffickers 111,950 LA 1,493 1,493 Percent to probation 28% ME 0 31,346 Estimated number 167 167 to probation MD MA 135 100 35 10.5% 14.18 135 All felons 667,366 MN 27 3 24 Percent possessors 17% MO 175 166 7 Estimated drug 113,452 possessors MT 11 11 Percent to probation 37% NE 68 17 51 (all other felons) NV 167 10 157 1.0% 1.67 167 Estimated number 41,977 NH 18 18 to probation NJ 84 14 70 Drug offenders: NY 265 2&4 89.0% 235.85 265 111,950 Drug traffickers NC 309 37 272 5.0% 15.45 309 113,452 Estimated drug ND 3 3 possessors OH 368 56 312 15.0% 55.20 368 Estimated total 225,402 drug felons PA 114 31 83 5.0% 5.70 1.14 -- 0 Sentenced to RI probation: SC 238 238 Drug traffickers 31,346 SD 193 13 180 Estimated drug 41,977 VT 16 16 27.0% 4.32 16 possessors VA 0 Estimated total 73,323 to probation WA 75 75 WV 212 212 13.4% 28.41 212 Est. total drug 73,323 offenders to probation WY 45 45 25.0% 11.25 45 Est. total felons to 200,210 Totals 4,933 559 1,861 probation Percent of total with drugs: 30.04% Est. percent drug 36.62% offenders Estimated number of all drug pardon applications: 1,482 Source: BJS, Felony Sentences In State Courts, Source: National Institute of Corrections and National Governors Association, 1988, 2. Guide to Executive Clemency Among the American States, tables 3 and 6.

Technical Appendix 51 Drugs, Crime, and the Justice System

The proportion of drug parolees was es­ timated from BJS, National Corrections Table C7. Weighting the probation, parole, and pardon Indicators Reporting Program (NCRP) by Dr. Allen Estimated drugs Beck of BJS's Corrections Statistics unit, using the proportion of drug offend­ Number Percent Percent Percent ers in releases and admissions to pa­ Activity of persons distribution drugs Number distribution role supervision from 1985 to 1988. Total 2,688,372 100.00% 33.78% 908,069 100.00% Probation 2,295,949 85.40% 36.62% 840,850 92.60% The pardon indicator was estimated using data from a survey of governors Parole 387,490 14.41% 16.97% 65,757 7.24% on the use of pardons and commuta­ Pardons 4,933 0.18% 30.04% 1,482 0.16% tions, as seen in table C6, and applied Sources: BJS, Probation and parole 1988, tables 1 and 2 (used 12131/88 populations): to all reported applications for pardon or BJS, NCRP parole estimates by Allen Beck of the BJS Corrections program, and results commutation to estimate the number of of computations In table C6. drug offenders. The proportion of those that were drug offenders was estimated for only those States that provided drug Table CS. Corrections drug offender Indicators offense data. and estimated drug expenditures (thousllnds of dollars) Estimated drugs expenditures The proportions derived in this way Total were then applied to the 1988 probation Correctional Percent corrections Percent and parole populations as reported by program drugs expenditure Amount distribution BJS in Probation and Parole 1988to Institutions estimate the number of drug offenders 16.18% $12,657,355 on probation and parole, as seen in Adult $2,047,862 66.7% table C7. Tho numbers of drug offend­ State prisons 13.96% $8,295,632 $1,158,070 37.7% ers were summed to estimate the num­ Loealjalls 20.40% $4,361,723 $889,791 29.0% ber and percent of drug offenders in all Juveniles 8.60% $2,605,609 $224,082 7.3% three groups. This was done because 8.60% $1,572,102 $135,201 the BJS expenditure data combine State Institutions 4.4% costs for probation, pardon, and parole Locailnsdtutions 8.60% $1,033,507 $88,882 2.9% and report these costs for the total of all Total Institutions 14.89% $15,262,964 $2,271,944 74.0% State and local governments. Probation, parole, and pardon 33.78% $2,004,293 $677,018 22.0% Estimating corrections expenditures for drug law violators Subtotal 17.08% $17,267,257 $2,946,962 96.0% Other corrections 17.08% $715,017 $122,113 4.0% The computations and results are shown in table C8. The proportions of Total corr.ctlons 17.08% $17,982,274 $3,071,075 100.0% each offender population estimated above to be drug law violators was Note: Detail may not add due to rounding and the number of decimal places used In computations versus the number displayed. applied to total State or local expendi­ Sources: Tables C1 to C7. ture responsible for that population. State institutions for adults were considered to be State prisons and The BJS Survey of Justice Expenditure Corrections assumptions and State prison inmate survey data were and Employment includes a residual commentary used for them. "other corrections" expenditure, which constitutes about 4% of total direct cor­ • Assumption: On average, incarcer­ local institutions ware considered to be rections expenditure. This category in­ ating or supervising a drug offender Is local jails and jail inmate survey data cludes nonresidential resettlement or no more or less costly than incarcerat­ were used for them. Only one figure halfway houses, correctional adminis­ ing or supervising any other type of was available for juveniles, and it was tration not directly attributable to institu­ offender. The cost of incarcerating an used for·both State and local juvenile tions, and miscellaneous items that individual depends on the custody/secu­ institutions. cannot be classified under the other rity level of the facility and on the ser­ corrections subcategories. In the com­ vices provided the individual. There is putations shown on table C8, these ex­ no reason to believe that drug lawof­ Penditures are estimated for drug law fenders are systematically housed in violations in the same proportion as higher or lower security facilities than they are for institutions and for proba­ other types of inmates. tion/parole/pardon.

52 Technical Appendix Drugs, Crime, and the Justice System

However, recent data indicate that per­ costs are distributed without the "other than felons on probation or parole. If so, sons on probation for drug trafficking corrections" expenditure. There is a rel­ the supervision cost per case might dif­ are subject to more drug treatment and atively small amount (8.7%) of expendi­ fer. No national information exists on drug testing than other felons sen­ tures reported by BJS In the "other and misdemeanor probationers, although tenced to probation. BJS reports in combined Institutions" category of cor­ costs for their probation services are Recidivism of Felons on Probation, rections costs. This category includes included in the BJS corrections expen­ 1986-89, January 1992, that 33% of Institutions holding a combination of in­ diture data. persons on probation for drug trafficking mates. There is no information on which had drug treatment as a condition of to base a distribution of these costs Technical bibliography of sources their probation compared to 23% of other than to assume they are dis­ used In cost estimates felons on probation overall. For drug tributed in the same way as reported testing. 41 % of those on probation for data for adult/juvenile institutions. U.S •. Department of Human Services drug trafficking were ordered by the • Assumption: Total State direct ex­ court to be tested compared to 31 % of penditures for institutions are distributed Alcohol, Drug Abuse, and all felons on probation. It is unknown to across type of facility as are direct cur­ Mental Health Administration what extent probation offices complied rent expenditures for institutions. Direct with these conditions of probation (for current expenditures include all direct Alvin M. Cruze, Henrick J. Harwood, example, how frequently the probation­ expenditures with the exception of Patricia l. Kristiansen. James J. Collins, ers were tested or what form drug treat­ capital outlay. There is no information and Dale C. Jones, Selected measures ment took). It is also unknown whether as to whether there is a disproportion­ of economic costs to society of alcohol the justice system, the health care sys­ ate distribution of capital outlay relative and drug abuse and mental illness - tem, or private health insurance or other to current direct expenditures between 1977, 1981. private funds bore the costs of the treat­ adult and juvenile facilities. ment. Henrick J. Harwood, Diane M. • Assumption: All local facilities have Napolitano, Patricia l. Kristiansen, In addition, recent "intermediate sanc­ the same proportion of adults vs. juve­ niles as in the largest counties. The James J. Collins, Economic Costs to tions," such as house arrests, electronic 72 society of alcohol and drug abuse and only data available on the ratio of adult monitoring, and intensively supervised mental illness: 1980, 1984. probation, are thought to be well suited to juvenile local facilities are for the 72 largest counties. These counties ac­ to drug offenders and are more expen­ Dorothy P. RIce. Sander Kelman, sive to administer than regular proba­ count for 37% of all local direct current Leondard S. Miller, and Sarah tion (although less expensive than institutions costs. Dunmeyer, The economic costs of incarceration). What limited information • Assumption: The "other corrections" alcohol and drug abuse and mental is available on these programs is pre­ expenditure is distributed across institu­ illness: 1985, 1990. sented on page 182 of Drugs, Crime tions and probation/parole/pardon costs and the Justice System: A National the same as these costs are distributed U.S. Department of Justice Report. In general, the use of such pro­ without the "other corrections" expendi­ grams is limited to such a small propor­ ture. There is a relatively small amount Bureau of Justice Statistics tion of offenders that they are likely to (4.0%) of expenditures reported by BJS have little if any impact on overall costs in the "other corrections" category of Justice Expenditure and Employment in on a national basis. BJS's Probation corrections costs. This category in­ the U.S., 1988, NCJ-125619, August and Parole Survey reports that about cludes nonresidential resettlement or 1991. 2% of all adults on probation were on halfway houses, correctional adminis­ intensive probation in 1990. tration not directly attributable to institu­ Felony Sentences in State Courts, • Assumption: The growth in drug of­ tions, and miscellaneous items that 1988, Bulletin, NCJ-126923, December fenders in prison and jail populations cannot be classified under the other 1990. between the quinquennial survey years corrections subcategories. There is no and the in public juvem1e detention facil­ information on which to base a distribu­ Felony Defendants in Large Urban tion of these costs other than the sub­ ities between 1987 and 1989 was Courts, 1988, NCJ-122385, April 1990. monotonic and the prorations between categories used in the estimation of the years produces accurate figures for institutional and probation/paroles/par­ Profile of State Prison Inmates, 1986, 1988. This assumption is probably right. don costs. Special Report, NCJ-109926, January There is no reason to expect that there • Assumption: The State felony proba­ 1988. was a markedly uneven growth in the tion data are representative of misde­ proportion of persons incarcerated for meanors. Misdemeanants placed on Profile of Jail Inmates 1989, Special drug offenses during the period. probation may be required to report to Report, NCJ-129097, April 1991. • Assumption: The "other and com­ their probation officers less frequently bined institutions" expenditure is dis­ than felons and may be order~d to par­ Prisons and prisoners in the United tributed across adultljuvenile ticipate less frequently (or more fre­ States, NCJ-137002, April 1992. institutional costs the same as these quently) in drug testing or treatment

Technical Appendix 53 Drugs, Crime, and the Justice System

J~'£~tional Corrections Reporting Drug-exposed Infants require Pros,J'ram, 1989, NCJ-138222, Wh8t are the public and private more medical care than November 1992, and unpublished data. health care costs of Illegal drug healthy babies Probation and Parole 1988, Bulletin, use? GAO, Drug exposed infants: A genera­ NCJ-119970, November 1989. tion at risk, GAOrrHRD-90-46, June page 132 1990, 18, 28. Probation and Parole 1990, Bulletin, NC.H 33285, November 1991. Other estimates- Health care to diagnose, treat, and Douglas J. Besharov, "The children of Recidivism of felons on probation, rehabilitate Illegal drug users cost crack: Will we protect them?" Public 1986-89, Special Report, NCJ-1341n, more than $2.2 billion In 1985 welfare (Fall 1989),6-11,42 February 1992. and HHS, ADAMHA, Dorothy P. Rice, Deanna Gomby and Patricia H. Shiono, Federal Bureau of Investigation Sander Kelman, Leonard S. Miller, and "Estimating the number of substance­ Sarah Dunmeyer, The economic costs exposed infants,· The future of children, Crime in the U.S., 1988, August 1989. of alcohol and drug abuse and mental (Spring 1991), 1:17-25. illness: 1985,1990,8,63,70,86,89, National Institute of Corrections 152. Illegal drug users are more National Governors Association, Guide prone than nonusors Notes: to occupational accidents to executivfJ clemency among the Crack-cocaine costs are not included in American States, March 1988. estimates because this epidemic A recent workplace study - emerged after 1985. Office of Juvenile Justice and Terrence R. Cowan, "Drugs and the Delinquency Prevention workplace: To drug test or not to test?" Percentages do not apply to personal Public personnel management (Winter Melissa Sickmund, National Center for medical care for drug-related AIDS. 1987), 16(4):313-322. Juvenile Justice, Offenders in Juvenile court, 1988, NCJ-133013, February Health care for drug-related A similar study- 1992. AIDS cases cost $190 million Craig Zwerling, James Ryan, and Endel In 1985 John Orav, "The efficacy of preemploy­ Public Juvenile Facilities: Children in ment drug screening for marijuana and Custody 1989, OJJDP Update on HHS, ADAMHA, Dorothy P. Rice, cocaine in predicting employment out­ Statistics, NCJ-127189, January 1991. Sander Kelman, Leonard S. Miller, and come," Journal of the American Medical Sarah Dunmeyer, The economic costs Association (November 28, 1990), U.S. Department of the Treasury of alcohol and drug abuse and mental 264(20):2639-2643. illness: 1985, 1990, 152 Customs Service and A study done by the Care Institute­ HHS, Centers for Disease Control, John Krizay, The fifty billion dollar drain Wharton Econometrics, forthe U.S. Division of HIVIAIDS, HIVIAIDS surveil­ (Irvine, CA: Care Institute, 1986), 29. Customs Service, "Anti-drug Law lance, July 1991, table 3. Enforcement Efforts and their Impact," 1987, (unpublished).

Other sources

John Goerdt, Chris Lomvardias, Geoff Gallas, and Barry Mahoney, Examining court delay: The pace of litigation in 26 urban trial courts, 1987 (Williamsburg, VA: National Center for State Courts, 1989).

National Center for State Courts, State court caseload statistics: Annual report 1988, (Williamsburg, VA: National Center for State Courts), February 1990.

54 Technical Appendix Drugs, Crime, and the Justice System

State-supported spending for alcohol and other drug abuse prevention How much does drug treatment and treatment expenditures was $9.65 per capita In 1989 cost? Per capita Per capita treatment treatment page 133 State dollars State dollars Alabama $2.21 Missouri $3.94 Drug treatment costs wefe reported Alaska 56.49 Montana 17.39 to be $1.73 billion In 1989 Arizona 7.82 Nebraska 5.65 Arkansas 3.58 Nevada 7.51 Survey response rates were computed as follows: California 11.56 New Hampshire 4.02 Number Colorado 9.53 7.72 Overall survey response of units Psrcent New Jersey Connecticut 21.01l New Mexico 10.04 Known active drug Delaware 7.06 New York 30.17 and alcohol units 12,330 Number responding 9,608 District of Columbia 56.40 North Carolina 5.81 Overall response rate 77.9% Florida 6.96 5.02 Overall nonresponse rate 22.1 North Dakota Georgia 6.99 Ohio 4.26 Source: HHS, ADAMHA, National Drug and 4.70 Alcoholism Treatment Unit Survey (NDATUS): Hawaii Oklahoma 5.49 1989 Main findings report, 1990, table 1. Idaho 3.66 Oregon 28.68 illinois 6.60 Pennsylvania 7.44 All ....pondlng units Number Indiana 5.50 Rhode Island 14.19 by type of unit of units Percent Iowa 7.06 South Carolina 9.31 All responding unlw 9,608 Kansas 5.95 South Dakota 6.09 Treatment only 7,759 4.07 Alcohol on Iy 1,782 Kentucky Tennessee 5.46 Treatment only 1,472 Louisiana 2.65 Texas 1.80 Drugs only 1,449 Treatment only 1,266 MaIne 8.32 Utah 9.44 Both alcohol and drugs 6,377 Maryland 12.38 Vermont 8.32 Treatment only 5,021 Total with drugs 7,826 Massachusetts 10.10 Virginia 7.68 Treatment only 6,287 Michigan 9.05 Washington 10.27 Percent of all units with drugs 81.5% Percent of treatment units Minnesota 11.83 West Virginia 4.12 with drugs 81.0 Mississippi 3.37 Wisconsin 17.01 Note: "Total with drugs' Is sum of "drugs only· Wyoming a'1d "both alcohol and drugs." Nontreatment units Include prevention/education and "other" such as 'Data not available. administration, employee assistance programs, Note: Data are InclUded for" ... only those programs which received at least some funds DWI programs, and central Intake. (Source administered by the State alcohol/drug agency during the State's fiscal year 1989." page 3) Source cannot separate drug treatment and alcohol treatment expenditures. Data for Source: HHS, ADAMHA, National Drug and Arizona and New York are allocated funds rather than actual expenditures. Alcoholism Tr9atment Unit SUrv9Y (NDATUS): 1989 Main findings report, 1990, tables 2-4. Source: HHS, ADAMHA. National Association of State Alcohol and Drug Abuse Directors, Inc., State resources and services r91ated to alcohol and other drug abuse problems: Fiscal Y9ar 1989: An analysis of State alcohol and drug abuse profile data, August 1990, table 2,10 and 8-1. Drug treatment units Number reporting funding data of units Percent

All treatment units with drugs 6,287 Treatment units reporting drug funds 4,429 Response rate 70.4% Nonreaponse rate 29.6 Source: HHS, ADAMHA, National Drug and Alcoholism Treatment Unit Survey (NDATUS): 1989 Main findings repotrf, 1990, tables 2-4 and

Technical Appsndlx 55 Drugs, Crime, and the Justice System

Drug treatment cost an average of $1,950 per client In 1989

Per client treatment costs vary by modality and environment. ..

Modality and Dollars environment per client

AU modalities $1,950 Hospital Inpatient 4,137 Residential 3,247 OJtpatient 1,053 Multiple environments 2,584

Detoxification $1,753 Hospital inpatient 1,BSIJ Flflsldentlal 1,608 Outpatient 338 Multiple environments 3,073

Maintenance $2,048 Hospital Inpatient 2,831 Residential 1,824 OJtpatient 2,040 Multiple environments 760

Drug free $1,799 Hospital Inpatient 6,721 Residential 3,592 OJtpatient 845 Multiple environments 2,890

Multiple modalities $2,172 OJtpatient ' 1,136 Hospital inpatient 5,569 Residential 3,015 Multiple environments 2,439

Source: HHS, ADAMHA, National Drug and Alcoho/ism Treatment Unit Survey (NDATUS): 1989 MaIn Rndlngs report, 1990, table 50,

56 Technical Appendix Drugs, Crime, and the Justice System

Chapter IV Section 1. Overview

How are drug crimes and drug­ page 139 using offenders processed within the justice system? Discretion la exerclaed throughout the criminal Justice system page 136 Discretion is ... Roscoe Pound, "Discretion, dispensa­ Drug offen88s come under tion and m~igation: The problem of the the Jurisdiction of more than individual special case," New York Uni­ one level of government versity Law Review (1960), 35:925, 926, as presented in BJS, Report to the Attorney General's Task Force on Nation on crime and justice: Second Violent Crime: Final Report, August 17, edition, NCJ-105506, March 1988, 59. 1981,1-2. Concerning crime and justice ... FBI, Crime in the United States 1990, Wayne R. LaFave, Arrest: The decision 1991,173. to take a suspect into custody (Boston: Little, Brown & Co., 1964), 63-184, as DEA, Annual statistical report FY1990, presented in BJS, Report to the Nation December 1990, 19. on crime and justice: Second edition, NCJ-105506, March 1988, 59. The criminal Justice system also deals with drug-related crime Basically, they must decide ... and drug-using offendefS Memorandum of June 21, 1977, from Mark Moore, Kennedy School of NIJ, Drugs and crime 1990: Drug Use Government, Harvard Univers~y, to Forecasting (DUF) annual report, NIJ James Vorenberg, "Some abstract research in action, NCJ-130063, August notes on the issue of discretion." 1991,2 and 5 and BJS, Drug use and crime, Special re­ port, NCJ-111940, July 1988, 1 and BJS, Profile of jail inmates, 1989, Spe­ cial report, NCJ-129097, April 1991, 8 and BJS, Drugs and jail inmates, 1989, Spe­ cial report, NCJ-130836, August 1991, 9.

Technical Appendix 57 1 Drugs, Crime, and the Justice System

Chapter IV Section 2. Drug law enforcement

Dealers change tactics In response Organized Crime Drug Enforcement What Is the role of enforcement to drug enforcement efforts Task Forces (OCDETF)- NIJ, Jan Chaiken, Marcia Chaiken, and In drug control policy? Frederick T. Martens, "Narcotics en­ Clifford Karchmer, Multijurisdictional forcement: What are the goals and do drug law enforcement strategies: Re­ page 141 they conflict?" Villanova University, Or­ ducing supply and demand, NIJ issues ganized Crime Narcotics Enforcement and practices, December 1990, 47 Symposium, May 1988 and What are the drug control goals and Howard Abadinsky, Drug abuse: An in­ of law enforcement? Mark Kielman, "Organized crime and troduction (Chicago: Nelson-Hall, Inc., drug abuse control," in Major issues in 1989),256. NIJ, Searching for answers: Research organized crime control, HerbGrt Edel­ and evaluation on drugs and crime, July hurtz, ed. (Bellevue, WA: Northeast DEA State and local task forces­ 1990,30 Policy Studies Center, 1987). NIJ, Jan Chaiken, Marcia Chaiken, and and Clifford Karchmor, Multijurisdictional Mark A. R. Kielman and Kerry D. Smith, drug law enforcement strategies: Re­ "State and local drug enforcement: In ducing supply and demand, NIJ issues search of a strategy," in Drugs and What agencies enforce drug laws? and practices, December 1990, 43-47. crime, Michael Tonry and James O. Wilson, eds., volume 13, Crime and page 142 justice (Chicago: The University of Chicago Press, 1990), 69-108, 71. page 143 Many Federal departments Law enforcement targets and agencies work to reduce the ilupply of Illegal drugs Information sharing among agencies all stages of drug manufacturing Is another Important element of and distribution FBI, The FBI drug program: Contribut­ cooperation In drug enforcement ing to a drug-free America, 4-5 Mark A. R. Kleiman and Kerry D. Smith, Eleven agencies participate at EPIC ... ·State and local drug enforcement: In and GAO, Drug smuggling: Large amounts Personal communication with DEA, search of a strategy," in Drugs and Office of Public Affairs, June 19, 1992. crime, Michael Tonry and James O. of illegal drugs not seized by Federal Wilson, eds., volume 13, Crime and jus­ authorities, GAO/GGD-87-91, June 1987,8,21. Counternarcotics Center (CNC) - tice (Chicago: The University of Michaellsikoff, "CIA creates narcotics Chicago Press, 1990),69-108, 78-81. unit to help in drug fight," The Washing­ What laws are law enforc:ement ton Post, May 28,1989, A12. Drug control also discourages officers authorized to enforce? drug users from buying drugs NIJ, Jan Chaiken, Marcia Chaiken, and The military provides support to drug law enforcement Mark Harrison Moore, Buy and bust: Clifford Karchmer, Multijurisdictional drug law enforcement strategies: Re­ The effective regulation of an illicit mar­ President's Commission on Organized ket in heroin (Lexington, MA: Lexington ducing supply and demand, NIJ Issues and practices, Decamb9r 1990, 46. Crime, America's habit: Drug abuse, Books, 1977). drug trafficking, and organized crime, 1986,267 Recently, law enforcement has Coordination Is a key to effective and targeted the profits and assets drug control Richard Bocklet, "National Guard drug of the Illegal drug business mission help to law enforcement," Law 1990 BJS Law Enforcement Manage­ and Order (June 1990), 38(6):71-77. Clifford L. Karchmer, "Money laundering ment and Administrative Statistics and the organized underworld," in The Survey (LEMAS)- politics and economics of organized BJS, Drug enforcement by police and crime, Herbert E. Alexander and Gerald sheriffs'departments, 1990, Special E. Caiden, eds. (Lexington, MA: Lex­ report, NCJ-134505, May 1992, table 4. ington Books, 1985),37-48. Law Enforcement Coordinating Commit­ tees (LECCs)- BJS, Report to the Nation on crime and justice: Second edition, NCJ-105506, March 1988, 60.

Technical Appendix 58 Drugs, Crime, and the Justice System

Through extradition treaties, The U.S. encourag~s foreign What Is the Federal Government's the U.S. tries to bring International governments to control cultivation role In reducing International drug narcotics traffickers to Justice and production of Illegal drugs production and trafficking? As of 1988, the U.S. had ... Bureau of International Narcotics Mat­ GAO, Drug control: U.S. international ters, U.S. Department of State, Interna­ page 144 narcotics control activities, GAO/NSI­ tional narcotics control strategy report, AD-88-114, March 1988, 21. March 1991. 21.

The International drug control In fiscal 1990, 179 fugllives were ... Foreign governments assist strategy alms to reduce production U.S. Marshals Service, personal com­ In worldwide efforts to reduce and destabilize trafficking munication with Pat O'Grady, Informa­ the supply of Illegal drugs tion Resource Management Division, GAO, Drug control: U.S. international July 16, 1992. Bureau of International Narcotics Mat­ narcotics control activities, GAO/NSI­ ters, U.S. Department of State, Interna­ AD-88-114, March 1988, 15·23. tional narcotics control strategy report, page 145 March 1991,27,31,89,212,312. The U.S. Department of State has lead responsibility for The Import and export of precursor International drug control policy Mutual Legal Assistance Treaties and essential chemicals Is regulated aid enforcement efforts Involving GAO, Drug control: U.S. international foreign countries DEA, Briefing book, September 1990 narcotics control activities, GAO/NSI­ and AD-88-114. March 1988, 9 Mutual Legal Assistance Treaties The White House, ONDCP. National and (MLATs)- drug control stratggy: A Nation re­ Bureau of International Narcotics Mat­ David O. Stewart, "The drug exception," sponds to drug use, January 1992, ters, U.S. Department of State, Interna­ ABA Journal (May 1990), 42-48. 87-88. tional narcotics control strategy report, March 1991,51. The use of MLATs ... The U.S. Attorneys and the Attorney DEA Is directly Involved General, Drug trafficking: A report to What IS Involved In Illegal drug In the International narcotics the President of the United States, Interdiction? control effort August 3, 1989,59. page 146 The White House, ONDCP, National Crop eradication efforts drug control strategy: A Nation re­ bring un~rtaln results sponds to drug use, Budget summary, What agencies are responsible January 1992, 92. Many colJntries are not... for drug Interdiction? GAO, Drug control: U.S. international Other Department of Justice narcotics control activities, GAO/NSI­ GAO, Drug smuggling: Large amounts agencies also have International AD-88-114, March 1988, 15. of illegal drugs not seized by Federal drug control responsibilities authorities, GAO/GGD-87-91, June Critics of crop eradication efforts ... 1987 DOJ, Justice Management Division, Peter Reuter, "Eternal hope: America's and Management and Planning Staff, Op­ quest for narcotics control," Public Inter­ The White House. ONDCP, National tions for ostablishing an Office of Inter­ est (Spring 1985), 79:79-95. drug control strategy: A Nation re­ national Affairs: Policy options paper, spond:. to drug use, Budget summary, draft, December 1989. Supporters point to ... January 1992, 22-24 Mark H. Moore, "Supply reduction and and The U.S. participates In International drug law enforcement," in Drugs and U.S. Ds'partment of the Treasury, U.S. efforts to promote cooperation crime, Michael Tonry and James Q. Custom.s Service, U.S. Customs­ In enforcing drug controls Wilson, eds., volume 13, Crime andjus­ Update 1990, 4. tice (Chicago: The University of The U.S. Attorneys and the Attorney Chicago Press, 1990). 109-157, 140. Intelligence and communications General, Drug trafficking: A report to programs support Interdiction efforts the Prosident of the United States, August 3, 1989, 59. The White House, ONDCP. National drug control strategy: A Nation re­ sponds tl') drug use, January 1992, 102.

59 T6chnical Appendix Drugs, Crime, and the Justice System

How are Illegal drugs Interdicted Most Interdiction seizures are of cocaine and marijuana at ports of entry to the U.S.?

U.S. Department of the Treasury, U.S. Pounds of Pounds of Customs Service, U.S. Customs­ marijuana seized by: cocaine seized by: Update 1990,10, 14,40 Coast Coast and Year Guard Customs Guard Customs The White House, ONDCP, National drug control stratt1gy: A Nation re­ 1976 183,168 759,360 62. 1,030 sponds to drug USt1, January 1992, 106. 1977 1,032,609 1,652,773 0 952 1978 3,321,035 4,616,884 0 1,419 Efforts to prevent land smuggling 1979 2,682,586 3,583,556 0 1,438 are centered on the Mexican border 1980 2,494,774 2,361,142 0 4,743 The White House, ONDep, National 1981 2,643,043 5,109,793 40 3,741 drug control strategy, February 1991, 1982 3,525,775 3,958,871 9 11,150 98. 1983 2,448,940 2,732,975 46 19,602 1984 2,505,357 3,274,927 1,967 27,526 Air Interdiction Involves detecting, 1985 2,142,133 2,389,704 6,547 50,506 tracking, Intercepting, and apprehending smugglers' aircraft 1986 1,523,070 2,211,068 10,334 52,521 1987 1,212,963 1,701,150 14,723 87,898 The White House, ONDCP, National 1988 448,894 969,967 12,826 137,408 drug control strategy: A Nation re­ 1989 224,606 645,858 32,896 129,493 sponds to drug use, January 1992, 104. 1990 62,279 222,274 16,803 ~64,703

U.S. Customs Service, Monthly aircraft Source: U.S. Department of Transportation, U.S. Coast Guard, and deployment report, October 1991 , per U.S. Department of the Treasury, U.S. Customs Service, as presented in Jan Culbertson, U.S. Customs, October BJS, SOurcebook of crimina/Justice statistics, 1900, NCJ-130580, 462·468. 23,1991.

GAO, Drug interdiction: Funding contin­ Coastal Interdiction relies on ues to increase but program effective­ Investigations of smugglers How do State. local. and Federal and radar detection ness Is unknown, GAO/GGD-91-1 0, agencies disrupt the domestic December 1990. GAO, Drug Interdiction: Funding distribution of Illegal drugs? continues to increase but program effectiveness is unknown, GAO/GGD- page 148 page 147 91-10, December 1990.

Most SUCC888ful marine Major Investigations of domestic Marine Interdiction targets and C08stallnterdlctlons seize distribution aim to disrupt smugglers' ships marijuana or cocaine major drug organizations

U.S. Coast Guard Register of Cutters, U.S. Coast Guard, Digest of lawen­ The White House, ONDCP, National 1990, as per ltJG Cox, USCG, October forcement statistics. March 31, 1991, drug control strategy: A Nation 17.1991 and U.S. Coast Guard, 4-8. responds to drug use, January 1992, Commander Holmes, October 25, 1991 79-80. and GAO, Drug smuggling: Large amounts The U.S. Attorneys and the Attorney of illegal drugs not seized by Federal General, Drug trafficking: A report to authorities, GAO/GGD-87-91 , June the President of the Uniteel States, 1987,28 August 3, 1989, 44. and The White House, ONDep, National drug control strategy, February 1991, 97·98.

Tedmlcal Appendix 60 Drugs, Crime, and the Justice System

What are the effects of tactics Law enforcement uses undercover The U.S. Attorneys and the Attorney and .trategle. that disrupt drug operations to Infiltrate drug networks General, Drug trafficking: A report to dl.trlbutlon networks? the President of the United States, For more information about undercover Augu~t 3, 1989, 47. A review of State and local drug operations see Gary T. Marx, Under­ enforcement strategies - cover: PolicB surveillance in America, A Intelligence Is a critical element Mark A. R. Kleiman and Keny D. Smith, Twentieth Century Fund book (Berke­ In disrupting drug distribution WState arid !ooal drug enforcement: In ley, CA: University of California Press, networks search of a strategy,W In Drugs and 1988). crim9, Michael Tonry and James O. The Whits House, ONDCP, National Wilson, eds., volume 13, Crime and jus­ FBI, The FBI drug program: Contribut­ drug control strategy: A Nation re­ ticB (Chicago: The University of ing to a drug-free America, 9. sponds to drug use, January 1992, 175 Chicago Press, 1990), 69-108, 84-85. and Administrative Office of the U.S. Courts, The White House, ONDCP, National Others suggest ... Report on applications and orders au­ drug control strategy: A Nation re­ Mark H. Moore, WSupply reduction and thorizing or approving the interception sponds to drug use, Budget summary, drug law enforcement, Win Drugs and of wire, oral, or electronic communir;a­ January 1992, 97. crimB, Michael Tonry and James Q. tions for the period January 1, 1989 to Wilson, eds., volume 13, Crime and jus­ D9C9mber 31,1989 as presented in Coordination of law enforcement ticB (Chicago: The University of BJS, Sourcebook of criminal justice agencies Is 8s88ntlal to disrupt. Chicago Press, 1990), 109-157. statistics 1990, NCJ-130580, 1991, Illegal drug networks 472. Law .nfor~ment u... various NIJ, Jan Chaiken, Marcia Chaiken, and strategle. to disrupt mega I Clifford Karchmer, Multijurisdictional drug distribution page 149 drug law enforcement strategies: Re­ ducing supply and demand, NIJ issues NIJ, Jan Chaiken, Marcia Chaiken, and and practices, December 1990, ix. Clifford Karchmer, Multijurisdictional Some Illegal drug Investigations drug law enforcement strategies: Re­ are very complex Joint task forces are used ducing supply and demand, NIJ issues In many drug distribution and practices, December 1990, ix. FBI, The FBI drug program: Contribut­ Investigations ing to a drug-free America, 45 and The U.S. Attorneys and the Attorney The amount of Illegal drugs General, Drug trafficking: A report to romen,'ed by DEA has declined recently the President of the United States, August 3, 1989,46,48 and DEA removals 01: BJA, James "Chip" R. Coldren Jr., Ken­ MariJuana In Cocaine In Heroin In StimUlants In neth R. Coyle, and Sophia D. Carr, Mul­ Year pounds pounds pounds dosage units tijurisdictional drug control task forces 1988: Critical components of State 1978 1,117,422 1,009 442 2,901,948 drug control strategies, Criminal Justice 1979 887,302 1,139 160 7,711,628 Statistics Association, May 1990, 1 1980 994,488 2,590 201 6,434,742 and 1981 1,935,202 4,352 332 47,475,580 The White House, ONDCP, National 1982 2,814,787 12,493 608 4,482,404 drug control strategy: A Nation re­ sponds to drug use, January 1992, 1983 1,795,875 19,625 882 11,345,763 131-136. 1984 2,909,393 25,344 850 16,500,791 1985 1,641,626 39,969 965 20,709,871 1986 1,819,764 59,699 801 27,646,419 1987 1,429,339 81,823 804 26,929,899 1988 1,241,630 127,967 1,641 95,972,547 1989 747,510 182,357 1,554 94,343,491 1900 311,247 180,097 1,405 143,866,393

Source: DEA as presenl8d In BJS, Sourcebook of aiminaijustlc9stadstJcs,1990, NCJ·130SIlO,484.

61 Technical Appendix Drugs, Crime, and the Justice System

These laboratories can also pose ... How do State, local, and Federal Joint Federal Task Force of the Drug What actions do law enforcement Enforcement Administration, the U.S. agencies disrupt the domestic Environmental Protection Agency, and agencies and communities take to production of Illegal drugs? the U.S. Coast Guard, Guidelines for combat the retail sale of drugs? the cleanup of clandestine drug labora­ page 150 tories, March 1990, 3. page 152 Seizures of methamphetamine DEA works with States and localities laboratories in California ... Law enforcement uses many strate­ to eradicate domestic cannabis U.S. Senate, Testimony on "Drug pro­ gies to control street sale of drugs duction and the environment" to the DEA, 1989 Domestic Cannabis Eradica­ Committee on the Judiciary, April 11, Mark A. R. Kleiman and Kerry D. Smith, tion/Suppression Program, 1990. 1991. "State and local drug enforcement: In search of a strategy," in Drugs and DEA, States, and localities eradi­ DEA chemists are actively involved ... crime, Michael Tonry and James Q. cated over 29,000 cannabis plots and DEA, Memorandum from Aaron P. Wilson, eds., volume 13, Crime and jus­ 7.3 million cultivated plants In 1990 Hatcher, III, Deputy Assistant Adminis­ tice (Chicago: The University of trator, Office of Forensic Sciences, to Chicago Press, 1990),69-108 DEA, 1990 Domestic Cannabis Eradica­ Sidney Hinkley, Chief, Statistical Plan­ and tion/Suppression Program, 1991, 4-8. ning and Policy Analysis, March 27, Roger Conner and Patrick Burns, The 1991. winnable war: A community guide to eradicating street drug markets (Wash­ In 1990, the DEA, U.S. Coast Guard, ... ington: American Alliance for Rights & page 151 Joint Federal Task Force of the Drug Responsibilities, 1991) 45-49. Enforcement Administration, the U.S. Environmental Protection Agency, and Street sweeps and focused crack­ Cannabis eradication efforts the U.S. Coast Guard, Guidelines for downs have had mixed results also target Indoor cultivation the cleanup of clandestine drug labora­ tories, March 1990. A study of street sweeps in heroin DEA, 1989 Domestic Cannabis Eradica­ tiOn/Suppression Program, 1990, 1, 22, markets in three jurisdictions- How many clandestine NIJ, Mark A. Kleiman, "Crackdowns: and 34 R. laboratories has DEA seized? The effects of intensive enforcement on and retail heroin dealing" in Street-level drug DEA, 1990 Domestic Cannabis Eradica­ Clandestine enforcement: Examining the issues, tiOn/Suppression Program, 1991, 41. labs seized Year byOEA Marcia R. Chaiken, ed., NIJ issues and practices, September 1988. Law enforcement seizes 1975 32 clandestine drug laboratories 1976 97 A study of Operation Pressure Point in to halt domestic production 1977 148 New York City's lower East Side­ Lynn Zimmer, "Proactive policing Anna T. Laszlo, "Clandestine drug 1978 180 against street-level drug trafficking," laboratories: Confronting a growing 1979 2'3'3 American Journal of Police (1990), National crisis," The National Sheriff 1980 234 9(1):43-74. (August-September 1989),9-14 1981 182 and A RAND study found that Washington DEA, Annual statistical report, FY 1990, 1982 224 D.C.'s Operation Clean Sweep­ December 1990,49-55. 1983 226 Peter Reuter, John Haaga, Patrick Mur­ 1984 197 phy, and Amy Praskac, Drug use and Clandestine laboratories pose 1985 419 drug programs in the Washington a danger to law enforcement metropolitan area (Santa Monica: The and the community 1986 509 RAND Corporation, 1988). 1987 682 One of five laboratories ... 1988 810 Critics of these tactics ... BJA, FY 1988 Report on drug control, 1989 852 NIJ, Anthony V. Bouza, "Evaluating NCJ-117435, 1989,59. street level drug enforcement,· in 1990 549 Street-level drug enforcement: Examining the issues, Marcia R. Source: DEA as presented In BJS, Sourcebook of criminal justice statistics, Chaiken, ed., NIJ issues and practices, 1990 NCJ·130580, 467. September 1988, 43-47, 47.

Technical Appendix 62 Drugs, Crime, and the Justice System

Some critics ... What Is the role of citizen reporting Improve the physical facilities ... Robert Barr and Ken Pease, "Crime In enforcing drug laws? Deborah Lamm Weisel, Tackling drug placement, displacement, and deflec­ problems in public housing: A guide for tion," in Crime and justice: A review of With the disruption of neighborhoods ... police (Washington: Police Executive I'9searoh, Michael Tonry and Norval Michael A. Cushing, "Combatting street Research Forum, 1990), 99-101. Morris, eds., volume 12, Crime and l(:Ivel. narcotics," Police Chief (October justiCfl (Chicago: The University of 1989), LVI(10):113-116. Limit access to residents ... Chicago Press, 1989). Roger Conner and Patrick Burns, The Many police agencies support hot winnable war: A community guide to. Traditionally, local law enforclment lines ... eradicating street drug markets (Wash­ relle8 on special narcotics units Mark A. R. Kleiman and Kerry D. Smith, ington: American Alliance for Rights & for drug enforcement "State and local drug enforcemeFIt: In Responsibilities, 1991) 35-37. search of a strategy," in Drugs and BJS, Drug enforCflment by police and crime, Michael Tonry and James Q. Create command centers or police sheriffs'departments, 1990, Special re­ Wilson, eds., volume 13, Crime and jus­ substations ... port, NCJ-134505, May 1992, tables 3 tice (Chicago: The University of Roger Conner and Patrick Burns, The and 7. Chicago Press, 1990), 69-108, 88-90. winnable war: A community guide to eradicating street drug markets (Wash­ Many researchers and law enforcement Many Jurisdictions target locations ington: American Alliance for Rights & administrators ... used by drug dealers Responsibilities, 1991) 50; John E. Eck, PoliCfl and drug control: A home field advantage (Washington: Law enforcement agencies in cities Conduct community surveys ... Police Executive Research Forum, such as Ft. Lauderdale, Florida ... Deborah Lamm Weisel, Tackling drug 1989) National League of Cities, Front line problems in public housing: A guide for and reports: Local strategies in the war police (Washington: Police Executive Robert Trojanowicz and Bonnie Buc­ against drugs, November 1989, 123- Research Forum, 1990), 107·108. queroux, Community policing: A con­ 155. temporary perspective (Cincinnati: Some Jurisdictions have user Anderson Publishing Co., 1990),277- Under a pilot program ... accountability programs 310. NIJ, Craig Uchida, "NIJ sponsors system to speed information to police Some jurisdictions such as Miami, on drug hotspots," (Summer Many communities have shifted N/J reports Florida, and Birmingham, Alabama, ... to community policing and 1990), 221 :8·9 and 36. Deborah Lamm Weisel, Tackling drug problem-orlentad policing problems in public housing: A guide for Local law enforcement agencies police (Washington: Police Executive Deborah Lamm Weisel, "Playing the target drug problems In public Research Forum, 1990), 105. home field: A problem-oriented houllng complexes approach to drug control," American In Maricopa County, Arizona: .. Journal of Police (1990), 9(1 ):75-95. Evict tenants involved in the drug NIJ, Jan Chaiken, Marcia Chaiken, .and trade ... Clifford Karchmer, Multijurisdictiona/ NIJ, David W. Hayeslip Jr., Local-level drug law enforcement strategies: FlG· drug enforcement: New strategies, NIJ ducing supply and demand, NIJ issues page 153 research in action, NCJ-116751, and practices, December 1990, 7-22. March/April1989 and Many pOlice agencies are also trying Citizens and community groups Deborah Lamm Weisel. Tackling drug to reduce demand for drugs have Joined with police problems In public housing: A guide for by preventing drug use to eliminate drug markets policB (Washington: Police Executive Research Forum, 1990). 103-104. According to the 1990 LEMAS survey Roger Conner and Patrick Burns, The BJS, State and local police depart­ winnable war: A community guide to Carefully screen applicants ... ments, 1990, Bulletin, NCJ-133284, eradicating street drug markets (Wash­ HUD, Office of Policy Development and February 1992, 9, 13 ington: American Alliance for Rights & Research and Office of Public and and Responsibilities, 1991) 21-32 and 43-44 Indian Housing. Together we can meet BJS, Sheriffs'departments, 1990, Bul­ and the challenge: Winning the fight against letin, NCJ-133283, February 1992, 10. Deborah Lamm Weisel, Tackling drug drugs, April 1991 , 3-8. problems in public housing: A guide for At the Federal level ... police (Washington: Police Executive FBI, Drug Demand Reduction Program, Research Forum, 1990), 100 and 105. May 1991.

63 Technical Appendix Drugs, Crime, and the Justice System

Drug Abuse Resistance Education Financial Institutions also Such operations benefit law (DARE)- are subject to prosecution enforcement ... Daryl F. Gates, "Project DARE - A for money laundering Clifford L. Karchmer, "Money laundering challenge to arm our youth," The Police and the organized underworld," in The ·Chief(Oct.ober 1987), 50(10):100-101 Jeff Gerth, "Bank's $15 million penalty politics and economics of organized and for laundering is largest ever," New crime, Herbert E. Alexander and Gerald BJA, Fact sheet: Drug Abuse York Times, February 6, 1990, 024. E. Caiden, eds. (Lexington, MA: Lex­ Resistance Education (DARE) Program, ington Books, 1985),37-48. October 1991. The volume of currency reports Federal agencies that are Is large and growing experienced ... The White House, ONDCP, National How does law enforcement target Currency drug

Technical Appendix 64 Drugs, Crime, and the·Justice System

What happens to the proceeds FBI, Crime in the United States 1990, How does law enforcement use of Federal asset forfeiture? 1991,173. asset forfeiture to combat the DOJ, Office of the Attorney General, Drug arrests make up 8% of all Illegal drug tade? Annual report of the Department of Jus­ State and local arrests tice Asset Forfeiture Program, 1990, 32- page 156 33. FBI, Crime in the United States, 1980, 1981,191 The largest dispersal from the and The use of forfeiture varies greatly Department of Justice Asset FBI, Crime in the United States 1990, among Jurisdictions Forfeiture Fund went to equitable 1991,174. sharing programs A guide to State controlled substances acts (Washington: National Oriminal DOJ, Office of the Attorney General, Justice Association, January 1991). Annual report of the Department of Jus­ Since 1965, arrests for drug tice Asset Forfeiture Program, 1990, 32 offenses have made up an Attorneys fees paid for with Illegal and Increasingly larger proportion drug money are subject to forfeiture Bureau of !nternational Narcotics Mat­ of all State and local arrests ters, U.S. Department of State, Interna­ Maggie Mahar, "Dirty money: It triggers tional narcotics control strategy report: Drug abuse violation arrests as a bold, new attack in the war on drugs," Mid-year update, September 1990, 89- a percent of total Barron's, June 26, 1989, 38. 90. Year UCRarrests

1965 .9% In 1990, DEA seized assets valued What happens to the proceeds at more than $1 billion of assets seized by State and 1966 1.2 local governments? 1967 1.9 DEA, Annual statistical report, FY 1990, 1968 2.9 December 1990, 44-47. A guide to State controlled substances 1969 4.0 acts (Washington: NationalOriminal Not all property that Is seized Justice Association, January 1991). 1970 5.1 18 eventually forfeited 1971 5.7 BJS, Drug enforcement by police and 1972 6.1 Maggie Mahar, "Dirty money: It triggers sheriffs'departments, 1990, Special 1973 7.0 a bold, new attack in the war on drugs,· report, NOJ-134505, May 1992, table 5. Barron's, June 26, 1989, 36. 1974 7.1 1975 6.5 Have drug arrests Increased 1976 6.3 page 157 In recent years? 1977 6.3 1978 6.1 What happens to forfeited property? page '158 1979 5.5 1980 5.6 DOJ, Office of the Attorney General, How many drug offense arrests 1981 5.2 Annual rsport of the Department of Jus­ were made In 1990? tice Asset Forfeiture Program, 1990,31, 1982 5.6 32,41-51. FBI, Crime in the United States 1990, 1983 5.7 1991,173-174. 1984 6.1 Who handles the p.oceeds 1985 6.8 of forfeited assets seized by DEA, Annual statistical report, FY 1990, the Federal Government? December 1990, 22. 1986 6.6 1987 7.4 Office of the Attorney General, DOJ, 1988 8.4 Annual report of the Department of Jus­ State and local agencies are making tice Asset Forfeiture Program, 1990, 1. more arre.. s for manufacturing 1989 9.5 and sale of drugs 1990 7.7 FBI, Crime in the United States 1980, 1981,189 Source: FBI, Crime in the United States, 1965 through 1990. and

65 Technical Appendix DrlJgs;' Crim9, and th9 Justic9 Syst9m

In th81980s, DEA arrests for all types of drug offenseslncraased­ the greateat Increas8 was In arrests for cocaine violations I Is forensic evidence a critical fac. tor In prosecuting drug cases?

DEA arrests involving: DEA arrests for: page 160 Year Heroin Cocaine Marijuana Other Distribution Possession Conspiracy .-.------~----- 1979 1,992 3,326 2,366 2,264 4,003 2,328 3,637 About 250 State and local forensic 1980 1,981 3,966 2,742 2,990 5,074 4,111 2,494 laboratories conduct tests 1981 2,392 5,293 3,549 2,281 5,015 5,527 2,973 on seized substances 1982 3,312 4,338 3,488 2,341 5,058 3,934 4,487 DEA, James J. Collins, Mary Ellen 1983 2,046 4,978 3,519 1,813 5,620 3,338 3,398 McCalla, J. Valley Rachal, Elizabeth R. 1984 2,012 5,287 3,429 1,837 4,919 4,386 3,260 Cavanaugh, and Barbara S. Bentley, 1985 2,059 7,755 3,332 2,576 5,780 5,092 4,850 "System to retrieve information from drug evidence in State and local crime 1986 2,012 10,808 3,409 2,558 7,010 6,469 5,306 laboratories," Phase I, Feasibility Re­ 1987 1,963 11,812 4,201 3,173 7,902 7,950 5,297 port, Research Triangle Institute for the 1986 2,180 13,495 4,402 3,272 7,510 8,889 6,930 Drug Enforcement Administration, April 1989 2,097 13,710 3,737 2,385 5,684 10,469 5,776 15,1987. 1990 1,858 10,937 3,995 2,371 4,122 6,107 6,930 According to the 1990 LEMAS survey ... BJS, State and local police Source: DEA, unpublished data, 1991. departments, 1990, Bulletin, NCJ- 133284, February 1992 and 3) In some States, townships, bor­ Sheriffs' departments, 1990, Bulletin, page 159 oughs, or divisions were treated like NCJ-133283, February 1992. counties. A CJSA study of 66 crime laboratories Where are moat State and local in 1988- drug arrests made? The data were aggregated and mapped using SAS and SAS Graph. FIPS BJA, James "Chip" R. Coldren Jr., Kenneth R. Coyle, and Sophia D.Carr, The data for this map were developed codes were added to the FBI data files. To accommodate differences between Crime laboratories 1988: A key pro- . from a file of 1989 Uniform Crime Re­ gram of State drug control strategies, ports (UCR) data supplied by the FBI the geographic areas covered by the mapping program and the UCR files in Criminal Justice Statistics Association, that contained arrests by offense, num­ May 1990. ber of months of reporting, and popula­ a few States, arrest numbers had to be allocated to counties. For example the tion by reporting agency grouped by DEA operates forensic laboratories county and State. Data were aggre­ New York City data were reported ~s a total and had to be allocated to the five to analyze salzed drug evidence g~ted to the county level for mapping boroughs by population. Also, Virginia with the following limitations: DEA Laboratories, Office of Forensic 1) Jurisdictions reporting for less than reported arrest data for colleges, national parks, bridges, and tunnels Sciences, November 19, 1990 12 months but for at least 6 months and were weighted up to a 12 month total. separately. We allocated those data to the appropriate counties. DEA, Memorandum from Aaron P. Thus a jurisdiction reporting for 6 Hatcher, III, Deputy Assistant Adminis­ months would have its number of re­ Both the original UCR files and the ag­ trator, Office of Forensic Sciences, to ported arrests multiplied by 2. Jurisdic­ Sidney Hinkley, Chief, Statistical Plan­ tions reporting for less than 6 months gregated county level files are available from the Research Triangle Institute. ning and Policy Analysis, March 27 were deleted, and county rates were 1991. ' calculated on a population base which The National Criminal Justice Data excluded the nonreporting jurisdiction. Archive at the Inter-University Consor­ 2) In a State in which the State police or tium for Political and Social Research at the University of Michigan performs oth~r police units .do not submit reports whICh can be assIgned to a particular similar procedures on the UCR data county, these reports were allocated to and distributes similar files. all counties in the State, proportional to county population.

TechnicalAppend~ 66

~------Drugs, Crime, and the Justice System

What Is the trend In the number of drug exhibits analyzed by DEA?

Number of exhibits analyzed by Year DEA labs

1974 27,299 1975 41,607 1976 35,410 19n 30,993 1978 29,944 1979 30,014 1980 33,209 1981 31,748 1982 32,047 1983 35,395 1984 36,676 1985 40,217 1986 41,701 1987 44,048 1986 43,564 1989 42,630 1990 36,782

Source: DEA, OffIce of Forensic Sciences, March 27,1991.

Most exhibits analyzed by DEA laboratories are cocaine

DEA, Memorandum from Aaron P. Hatcher, III, Deputy Assistant Adminis­ trator, Office of Forensic Sciences, to Sidney Hinkley, Chief, Statistical Plan­ ning and Policy Analysis, March 27, 1991.

67 Technical Appendix

------,----- Drugs,. Crime, and the Justice System

Chapter IV Section 3. Prosecution and adjudication

The number of suspects Investigated for drug offenses How are drug cases handled? by U.S. attorneys Increased 235% from 1980 to 1989

page 165 Number of suspects Investigated by U.S. attorneys for: Violent Property Drug Public order Some drug caN. are felonies, offenses offenses offenses offenses other. are misdemeanors 1980 3,861 21,429 9,546 32,622 BJS, Report to the Nation on crime and 1981 4,000 21,985 9,668 31,240 justice: Second edition, NCJ-105506, 1982 4,674 27,148 12,186 31,79!:1 March 1988, 3, 56-57. 1983 4,048 25,328 12,647 32,931 1984 3,866 24,711 13,993 33,866 Like all criminal caNS, drug cases 1985 3,628 23,508 15,669 33,845 are .ubJect to case attrition 1986 4,040 26,081 18,633 36,099 Percent of matters opened by U.S. 1987 4,460 28,900 22,729 33,606 attomeys Involving: 1988 4,480 27,468 25,601 35,783 Property 1989 5,074 31,844 31,954 34,068 offenses Drug Violent Change from offenses offenses Fraud Other 1980-89 31.4% 48.6% 234.7% 4.4%

Investigated 100 100 100 100 Prosecuted 81 72 55 65 Source: BJS, Federal criminal case processing, 1980-89: With preliminary dala for 1990, NCJ-i302S6, October 1991, table 1, 5 and table 1, 1. Convicted 65 56 46 48 Prison 53 47 19 19 They also are involved in DEA State Prosecutors also participate In other Source: BJS, Compsndlum of Federal Justice and local task forces ... coordinated drug control efforts stslistics, 1989, NCJ-134730, May 1992. The U.S. Attorneys and the Attorney General, Drug trafficking: A report to NiJ, Jan Chaiken, Marcia Chaiken, and the President of the United States, Au­ Clifford Karchmer, Multijurisdictional gust 3, 1989, 48. drug law enforcement strategies: Re­ What Is the role of the prosecutor ducing supply and demand, NIJ issues State and local prosecutors ... and practices, December 1990, 7·22. In drug control? BJA, James "Chip" R. Coldren Jr., Ken­ neth R. Coyle. and Sophia D. Carr, Mul­ Some drug cases are InlUated by page 166 tijurisdictional drug control task forces special grand Jury Investigations 1988: Critical components of State drug control strategies, Criminal Justice Howard Abadinsky. Drug abuse: An Who proNcute. drug cases? Statistics Association, May 1990, 5 and introduction (Chicago: Nelson-Hall Inc., 11. 1989),247 BJS, Prosecutors in State courts, 1990, and Bulletin, NCJ-134500, March 1992. In multlJurladlctlonal cases, BJS. Report to the Nation on crime and prosecutor. are often justice: Second edition, NCJ-105506, BecauN of the complexity of many cross-dealgnated March 1988, 56-57, 72. drug caNS, proNcutors rue often InVOlved during the Investigation Cross-designation allows ... The decision to charge Is generally The U.S. Attorneys and the Attorney a function of the prosecutor They work with law enforcement... General, Drug trafficking: A report to NIJ, Jan Chaiken, Marcia Chaiken, and the President of the United States, BJS, Prosecutors in State courts, 1990, Clifford Karchmer, Multijurisdictional August 3, 1989, 46. Bulletin, NCJ-134500, March 1992,4. drug law enforcement strategies: Reducing supply and demand, NIJ is­ In 1990, 69% of the chief prosecutors ... sues and practices, December 1990, BJS, Prosecutors in State courts, 1990, 47. Bulletin, NCJ-134500, March 1992.

68 Ted1nlcal Appendix Drugs, Crime, and the Justice System

Defendants charged with drug How often are drug cases rej(llCted Are defendants charged with drug offenses and released before trial are less likely to appear for trial or dismissed? offenses released or held pending than other released defendants adJudication? page 167 BJS, Pretrial release of felony defen­ page 1158 dants, 1988, NCJ-127202, February 1991, 1. What happens to calU that are not prosecut.ed? The traditional obJecl:lve of ball BJS, Compendium of Federal justice and other pretrial relltase options statistics, 1989, NOJ-134730, May BJS, Report to the Nation all crime and Is to assure appearance at trial 1992, 20-21, table 2.4, 25. justice: Second edition, NC.J··105501:), March 1988, 73. BJS, Report to the Nation on crime and BJS, Felony defendants in large urban justice: Second edition, NOJ-105506, counties, 1988, NCJ-122385, April Why are cases rejected March 1988, 76. 1990, 11. or dlsmls8ecl? The Ball Reform Act of 1984 BJS, Report to the Nation on crime and changed the ball prc1vlslons for justice: Second edition, NCJ-105506, many Fedoral drug defendants March 1988, 73. page 170 BJS, Pretrial release ifind detention: Insufficient evidence Is the most The Bail Reform Act of 1984, Special How often are released drug common feason for rejection Report, NOJ-109929, February 1988, 2. defendants rearrested? and dismissal of State and !ocal drug CBses BJS, Pretrial release of felony page 169 defendants, 1988, Bulletin, NOJ- Michael D. Lyman, Practical drug 127202, February 1991, 6-7. enforcement: Procedures and adminis­ tration (New York: Elsevier Science What Ie the average ball amount Most Federal drug defendants do not Publishing Co., Inc., 1989),59·78. for drug defendants? violate the conditions of their release

BJS, Barbara Buland, Catherine H. BJS, Felony defendants in large urban BJS, Compendium of Federal justice Conly, Paul Mahanna, Lynn Warner, counties, 1988, NCJ-122385, April statistics, 1989, NOJ-134730, May and Ronald Sones, Abt AsS';)ciates, 1990,10. 1992, table 2.4, 25. The prosecution of felony arrests, 1987, NOJ-124140, August 1990, 36-50. BJS, Pretrial release of felony Drug use Increases the likelihood defendants, 1988, Bulletin, NOJ- of pretrial misconduct How many Federal drug cases 127202, February 1991, 1. are raJected or dlsmlu.. d? BJS, Pretrial release and miscondUct, BJS, Compendium of Federal justice BJS, Compendium of Federal justice Special report, NCJ-96132, January " statistics, 1986, NCJ-125617, Novem­ 1985,4. statistics, 1989, NCJ-1:34730, May ber 1990, 23. 1992, 12, table 1.4, 14 and data notes #2 and #3,61 NIJ, Mary A. Toborg, John P. Beilassal, and Almost half the Juveniles chargecl Anthony M. J. Yezer, and Robert P. BJS, Federal criminal case processing, with drug trafficking were detained Trost, Assessment of pretrial urine 1980-89: With preliminary data for befo,e court disposition In 1988 testing in the District of Columbia, NIJ 1990, NOJ-130526, October 1991, 12. issues and practices, December 1989, Melissa Sickmund, Juvenile court 12-16. drug and alcohol cases, 1985-88, (Pittsburgh: National Center for Juve­ Another study of the same population ,-­ nile Justice, September 1990), 2, 3, Christy A. Visher and Richard L. Linster, table 4. "A survival model of pretrial failure," Journal of Quantitative Criminology (1990),6(2):153-184,168-170,174- 176.

Technical Appendix 69 Drugs, Crime, and the Justice System

A 1984 study in Manhattan - Most Federal convictions Douglas A. Smith, Eric D. Wish, and G. How often do drug cases result are for offenses Involving Roger Jarjoura, "Drug use and pretrial heroin or cocaine misconduct in New York City,· Journal In convictions? of Quantitative Criminology (1989), Memorandum from Ken Carlson, Abt 5(2):101-126,107-111. page 171 Associates, to Carol Kaplan, BJS, March 18, 1991 updating material from Routine drug testing of new BJS, Federal offenses and offenders: Conviction rates In U.S. district c:ourt arrestees before the pretrial release Drug law violators, 1980-86, Special have be.n Increasing since 1980 decision Is recent report, NCJ-111763, June 1988, 4. BJS, Federal criminal case procl~s:;ing, In 1984 the District of Columbia Pretrial Are drug defendants convicted 1980-89: With preliminary data 1'01' Services Agency ... 1990, NCJ-130526, October 19911, 10. of the same offense for which Cathryn Jo Rosen and John S. Gold­ they are charged? kamp, "The constitutionality of drug testing at the bail stage," The Journal of Most drug cases result BJS, Felony defendants in large urban Criminal Law and Criminology (1989), In a guilty plea counties, 1988, NCJ-122385, April 80(1 ):114-176. 1990,13. BJS, Felony defendants in large ulrban counties, 1988; NCJ-122385, April The program also monitored ... How many pElople are convicted BJA, Estimating the costs of drug test­ 1990, table 13, 12. of drug offenses? Ing for a pretrial services program, June 1989, 1 and 31, and Appendix A: BJS, Compendium of Federal justice BJS, Felony sentences in State courts, Program announcement, Drug testing statistios, 1989, NCJ-134730, May' 1988, NCJ-126923, December 1990. and Intensive Supervision (DTIS) 1992,31. Program, 21-24. BJS, Federal criminal case processing, A study in Connecticut- 1980-89: With preliminary data for Law Enforcement Management arid M. Heumann, Plea bargaining (Chicago: 1990, NCJ-130526, October 1991,9. Administrative Statistics Survey- The University of Chicago Press, 11978) BJS, Drug enforcement by police and as cited in BJS, Report to the Natlion on sheriffs'departments, 1990, Special crime and justice: Second edition, report, NCJ-134505, April 1992, table B. NCJ-115506, March 1988, 83.

The Administrative Office of the U.S. Few drug cases result In a Jury trial Courts began a demonstration project ... U.S. Supreme Court, Final report of the In 1989, 16% of alf defendants ... Director of the Administrative Office of BJS, Compendium of Federal jusltice statistics, 1989 the United States Courts on the demon­ stration program of mandatory drug NCJ-134730, May 1992,31. testing of criminal defendants, March Total 29,1991, Executive summary, ii-iv, 1-4, Total Total Tol:al cofwicted Total not cClnvlcted Total Offense !l~e cases to trial Jury' Nonjury ~ Nonjury h!!Y. nonJury and 16-20. Violent 2,804 510 34EI 45 102 15 450 60 As compared to convicted offenders ... Property 16,186 1,428 921 143 280 84 1,201 227 BJA, Urinalysis as part of a Treatment Drug 19,750 3,491 2,713 196 537 45 3,250 241 Alternatives to Street Crime (rASC) Public order 18.916 2,528 875 760 362 531 1,237 1291 program, July 1988, 5 Percent of total cases that: and Went to trial Werl!i jury trials Cathryn Jo Rosen and John S. Gold­ kamp, "The constitutionality of drug Violent 18% 16% testing at the bail stage," The Journal of Property 9 7 Drug 18 16 Criminal Law and Criminology (1989), Public order 13 7 80(1 ):114-176, 161. Percent of Jury trial drug cases that resulted In conviction = 2,71313.250 =83% Most courts that have considered ... Cathryn Jo Rosan and John S. Gold­ Percent of Judge tried drug cases that resulted In conviction", 196/241 .. 81% kamp, "The constitutionality of drug testing at the bail stage," The Journal of In State courts in 1988 ... Criminal Law and Criminology (1989), 8JS, Felony sentences in State courts, 1988, NCJ-126923, December 1990. 80(1 ):114-176, 161.

70 Technical Appendix Drugs, Crime, and the Justice System

A study of 26 urban felony courts­ Courts are using a variety Have drug case loads Increased John A. Goerdt and John A. Martin, of management techniques to handle "The impact of drug cases on case pro­ the Influx of drug cases In State and Federal courts? cessing In urban trial courts," State Court Journal (Fall 1989), 13(4):4-12, 7. Special drLlg courts--:- page 172 Steven Belenko, "The impact of drug of­ How long doas It take fenders on the criminal justice syst~m, Ii to proce.. drug cases? in Drugs, crime and the criminal justice The number of drug casas system, Ralph Weisheit, ed. (CinCinnati: In U.S. district court has risen For defendants in Federal drug cases ... Anderson Publishing Co. and the dramatically since 1980 BJS, Compendium of Federal justice Academy of Criminal Justice Sciences, statistics, 1989, NCJ-134730, May 1990),27-78,35-37,64-65. Drug cases 1992,32. cemenced in In Orleans Parish, Louisiana ... U.S. District Ye·ar Court This difference may be due to the Thomas A. Henderson, "Judicial man­ comp!exlty of drug cases ... agement strategies for addressing drug 1971 328 U.S. Supreme Court, Report of the Judi­ case load, " a paper presented to Man­ 1972 5,993 cial Conference of the United States to aging drug-related cases in urban trial 1973 8,676 Congress: Impact of drug related activ­ courts, National Center for State Courts, ity on the Federal judiciary, March 1989, July 17-18, 1989, 13. 1974 7,294 cover page 1975 7,298 and Early case disposition - 1976 6,132 BJS, Compendium of Federal justice Thomas A. Henderson, "Judicial man­ 19n 4,831 statistics, 1989, NCJ-134730, May agement strategies for addressing drug 1992,32. caseload,· a paper presented to Man­ 1978 3,745 aging drug-related cases in urban trial 1979 3(2.n In the study of 26 large urban trial, courts, National Center for State Courts, 1980 3,130 courts- July 17-18, 1989, 11-12. 1981 3,697 John A. Goerdt and John A. Martin, "The Impact of drug cases on case pro­ Motions management - 198:! 4,192 cessing in urban trial courts," State Thomas A. Henderson, "JUdicial man­ 19&:3 5,094 Court Journal (Fall 1989), 13(4):4-12, 7. agement strategies for addressing drug 1984 5,606 caseload," a paper presented to Man­ 1985 6,690 What Is the Impact of the Increase aging drug-related cases in urban trial of drug cases on court delay? courts, National Center for State Courts, 1986 7,893 July 17-18, 1989, 12-13. 1987 8,678 The study of 26 urban trial courts­ 1988 10(2.92 John Goerdt, Chris Lomvardias, Geoff Dlfferfmtlated case management­ 1989 11,858 Gallas, and B. Mahoney, Examining Thomas A. Henderson, "Judicial man­ agement strategies for addressing drug 1990 12,592 court delay: The pace of litigation in 26 urban trial courts, 1987 (Williamsburg, caseload," a paper presented to Man" VA: National Center for State Courts, aging drug-related cases in urban trial Source: Annual report of the Director of the 1989),97-99. courts, National Center for State Courts, Administrative OffIce of tho U.S, Courts, July 17-18,1989,13-14. . 1971·90. Some research reports ... Robert D. Lipscher, "The judicial re­ sponse to the drug crisis," State Court The number of drug casas In State Journal (Fall 1989), 13(4):13-17. courts Is also Increasing The Faderal Courts Study Committee­ BJS, Criminal cases in five States, U.S. Supreme Court, Federal Courts 1983-86, Special report, NCJ-118798, Study Committee, "Unprecedented September 1989, 1. study of Federal courts released today," News release, April 2, 1990 BJS, Felony sentences in State courts, and 1988, NCJ-126923, December 1990. Ruth Marcus, "Panel advises changes in hearing drug cases," The Washington Post, April 3, 1990, A17.

TechnicalAppend~ 71 Drugs, Crime, and the Justice System

How do the Juvenile courts deal with drug offenses and drug abusing Juveniles?

page 173

Juvenile courts are very different from criminal couns

BJS, Report to the Nation on crime and justice: Second edition, NCJ-105506, March 1988, 78.

At what age do offenders come under criminal court Jurisdiction?

BJS, Report to the Nation on crime and justice: Second edition, NOJ-105506, March 1988, 79.

Juvenile courts have changed their approach to drug cases

Anne L. Schneider, "A comparative analysis of juvenile court responses to drug and alcohol offenses," Crime and delinquency (January 1988), 34(1 ):1 03- 124,103·105,113-121.

The drug case rate In Juvenile courts has been rising

Melissa Sickmund, Juvenile court drug and alcohol cases, 1985-88 (Pittsburgh: National Center for Juvenile Justice, September 1990), 1·3.

How do drug cases differ from other type. of delinquency?

OJJDP, Howard N. Snyder, Terrance A. Finnegan, Ellen H. Nimick, Melissa H. Slckmund, Dennis P. Sullivan, and Nancy J. Tierney, Juvenile court statistics 1987, September 1990, 5-7.

72 Technical Appendix Drugs, Crime, and the Justice System

Chapter IV Section 4. Sentencing and sanctions

Sentencing guidelines are also used by some State courts What sanctions and sanctioning strategies are used for drug law State sentencing guidelines status • Rhoda Island: Indeterminate sentencing aiR.I. Gen. Laws 12-9-2 et seq. (1901 and Supp. 1989) violations? %-Sentenclng commission In the State but sentencing "benchmarks" have been established by the Rhode Island Supreme Court, Sentencing guidelines were created by: and appear In the Report of the SentencIng Study page 177 •.. Statute CommIttee, Rhode Island Supreme Court, !.. Admlnlstratlve rule Sentencing Study Committee, Providence, 1981. 6=Judlclary • I Wisconsin: Sentencing Commission Sentencing guidelines have been Written Into Itatute In '" promulgated non-mandatory guidelines afWis. established for Federal Judges Admin. Code SC 1.01 et seq. (1985). The • ! Florida: established by statute at Fla. Stat. sentencing judge must provide reasons for nat Ann. 921.001 (West 1985 and Supp. 1989), Fla. following the guidelines. Wis. Stat. Ann. 973.01,2' The 1984 Comprehensive Crime R. Crlm. P. 3.701 and. 3.988. (West 1985 and Supp. 1989). Control Act established ... U.S. Sentencing Commission, Special • % Louiliana: established by statute at La. Code Additional Slstls: report to the Congress: Mandatory min­ Crim. Proc. Ann. Art. 894.1 (West 1984 and Supp. Imum penalties in the Federal criminal 1989). Alabsma: no guidelines justice system, August 1991, i. " % Maryland: Judicially created, non-mandatory • Aisska: presumptive sentences, mandatory In guidelines set out In the Maryland Sentencing certain cases, are considered to be guidelines. The prime objective of the guidelines ... GuIdelines Manual published by the Maryland Alaska Stat. 12.55.125 -12.55.175 (1984 and Admlnlstratice Office of the Courts (1982 revised Supp. 1988). Alaska does have a sentencing' Ronnie M. Scotkln, "The development edition). commission, established July, 1990, considering of the Federal sentencing guidelines for guidelines. drug trafficking offenses," Crimina/law • % Mlnnlaota: presumptive sentencing bulletin (January/February 1990), guidelines established by statute at Minn. Stat. Arizona: (determinate sentencing, specifies only Ann. 244 app. (West Supp. 1990) and In very general standards. No guidelines) Ariz, Rev. 26:50-59, 53-54 Sentencing Guidelines and Commentary. Stat. Ann. 13-701 et seq (West 1989). and U.S. Sentencing Commission, Special New Jer1l8Y: prasumptive sentences, not Arkansas: guidelines In development by the report to the Congress: Mandatory guldellnes,ln N.J. Rev. Stat. 2C: 44-1 (West Arkansas Corrections Resource Commission for 1982 and Supp. 1989). Current presumptive 1993 session; Act 568 of 1991 created minimum penalties in the Federal sentences replaced short-lived sentencing matrix Commission [Leslie Powell, 270 State . criminal justice system, August 1991, In 1979. Capitol-little Rock, ARK 72201 (501 )682-59~91., . 20. Ohio: guidelines In development. Sentencing • California: Determinate Sentencing Law at Cal. Commission created at Ohio Rev. Code Ann. Penal Code 1170-1170.95,ls, In effect, a form of The U.S. Sentencing Commission 181.23. legislatiVe sentencing guidelines. California Blue reports ... Ribbon Commission on Inmate Population . U.S. Sentencing Commission, Annual • % Plnnlylvanla: presumptive sentencing Management in 1990 recommended formation of report, 1990, table S, 74. guidelines established by 204 Pa. Admin. Code a Sentencing Law Review Commission to develop. 303.1 at seq. (Shepards 1988) and In the a guidelines grid or similar approach. Sentencing Guidelines Implementation Manual The guidelines require an offender ... (3d ed.). Colorado: no guidelines Deborah G. Wilson, "Tile impact of Federal sentencing guidelines on • % Tenn .....: presumptive sentencing Connecticut: no guidelines; Sentencing guidelines established by Tenn. Code Ann. 40- Commission was created but subsequently community corrections and 37-203 (1991), Sentencing Commission created recommended against guidelines and In favor of privatization," in The U.S. sentencing at Tenn. Code Ann. 40·37-201 (1991). determinate sentencing, which was ennacted guidelines: Implications for criminal jus­ (Public Act 80-442, effective July 1, 1981). tice, Dean J. Champion, ed., (New UHd IYlt.mwld. but not mandated by law ... " % Dllawarl: accountability levels Implemented York: Praegar, 1989), 168-171. • Utah: established by Utah Code Ann. 76-3-201 in 1987 are Judicially mandated but considered (1992), Sentencing Commission created at Utah voluntary. Sentencing Accountability Commission The U.S. Sentencing Commission Code Ann. 63-25-4 (1992). was created by General Assembly. reported that during 1989 ... Appll.d 1I.llCtlVlly... District of C\J'/umbla: no guidelines; U.S. Sentencing Commission, Annual recommendations of the D.C. Superior Court, report 1990, 38. Maits.chu.. ttl: statewide system of voluntary Sentencing Guidelines Commission (1987) guidelines established by the Superior Court of rejected by the city council because of projected Massachusetts. Guidelines are used only by the Increased demand for prison beds. superior court system. • Georgia: no guidelines " Michigan: determinate sentencing Judicially mandated by Supreme Court administrative order HawaII: no guidelines 1988-4, 430 Mich. cl (1988). Text of the guidelines published by the Sentencing Continued on the next page ... GUidelines Advisory Committee, Sentencing Guidelines Manual, Lansing.

T9chnwalApp9nd~ 73 Drugs, Crime, and the Justice System

Sentencing guidelines are also used by some State courts, cont. What are the penalties for Illegal Idaho: no guidelines South Carollnl: guidelines in development, re­ drug offenses? classification of felonies and misdemeanors illinois: determinate sentencing, only general enacted this summer; guidelines grid with standards, no guidelines. "advisory" sentences to be submitted to General page 178 Assembly next year. (Sentencing Commission, Indiana: determinate sentencing, only general Columbia, SC (803)734-1051) standards, no guidelines. Texas: no guidelines Federal drug possession penalties Iowa: no guidelines generally consider only the drug • Utah: guidelines are voluntary guidelines matrix, vlolat/on history of the offender • Kansas: guidelines grid has been enacted In established by legislative statute Kansas Senate 8ill479, 1992 Session, and will take effect as of July 1, 1993. [Legislative Vermont: no guidelines. Voluntary guidelines With one exception ... Information (913)296-2391) created by Judiciary through the Sentenclnll 21 USCA 844(a)(West 1981 and Supp. Guidelines Streerlng Committee are no longer in 1992} Kentucky: no guidelines effect.

Maine: no guidelines; sentencing commission &. % Virginia: voluntary guidelines promulgated As discussed later in this section ... was appointed in 1983, but recommended against by the VA Supreme Court in 1988, amended In A guide to State controlled substanCGs guidelines. Commission no longer active with new 1989, endorsed by legislature In S. J. Res. 46, acts (Washington: National Criminal members not appointed, no funds appropriated. 1990 Session. Periodic revisions established by Justice Association, January 1991), 3-5, the Judicial Sentencing Guidelines Committee. Missouri: guidelines In develop mont, sentencing 7-13 commission established August 1990. • % Walhlngton: presumptive sentencing and guidelines established by Wash. Rev. Code 21 USCA 844(a)(West 1981 and Supp. Montana: no guidelines; Sentencing Commission 9.94A.310 - 9.94A.390 (West 1988 and Supp. 1992) for possession of a mixture or established In 1967. 1989) substance containing cocaine base, if Nebraska: no guidelines Wast Virginia: no guidelines first conviction and more than 5 grams, or second conviction and more than 3 Navada: no guidelines Wyoming: no guidelines grams, or third conviction and more New Hampshire: no guidelines than 1 gram, then sentence is not less Sources: than 5 years minimum, 20 years New Jersey: voluntary guidelines system no maximum prison, and a minimum fine of longer In effect NIJ, Sentencing Reform In the United States: $1,000. Cocaine as used in 21 USC History, COn/ent, and £tfect,1985. New Mexico: no guidelines; a sentencing com­ 841 Includes the SUbstance known as mission was created by statute, the Sentencing Judicial Sentencing Guidelines Commlmee, cocaine freebase, commonly referred to Guidelines Act, N.M. Stat. Ann. 31-18A-1 through Profiles of sentencing guidelines systems, as "crack". United States v. Pinto, 905 31-18A-9 (1989 Supp.). The Commission was Department of Criminal Justice Services, F.2d 47 (CM Md., 1990). subsequently defunded, and the legislature re­ Richmond, Virginia, 1987. jected commission recommenda~ons. Michael Tonry, "The politics and processes of Federal drug trafficking penalties New York: no guidelines; recommendations of sentencing commissions", Crime and consider the type and amount of the the New York State Committee on Sentencing Delinquency, (July 1991) 37(3). Guidelines (1985) was rejected by the legislature. drug Involved, the offender's drug Michael Tonry, ·Structured sentencing", Crime violation history, and other factors North Carolina: determinate sentencing similar and Justice: A review of research, vol. 10, to guidelines (as Is California). Sentencing (Chicago: Univerility of Chicago Press, 1988). The law provides for longer sentences Commission established July 1990. Guidelines In development, draft matrix completed; to be JSAA, based on submissions from the State for Schedule I and" offenders ... submitted to NC General Assembly'ln 1993 Statistical Analysis Centers, 1992. 21 USCA 841 (b)(West 1981 and Supp. session. ' 1992). Jane Williams, "Sentencing guldellnes- North Dakota: no guidelines A selective bibliography of State materials", Legal reference services quarterly, (1990) When death or serious bodily injury Ohio: guidelines In development, Sentencing 10(1/2). results from use of the drugs ... Commission established February 1991. 21 USCA 841 (b)(C)(West 1981 and LEXISINEXIS ·codes" library, "allcodes" file. Supp. 1992}. Oklahoma: no guidelines Telephone calls: Kay Knapp; Rick Kern, VA * % Oregon: presumptive guidelines grid Is JUdicial Sentencing Guidelines Committee; SC Penalties for trafficking in small mandatory" adopted by the Oregon Sentencing Sentencing Guidelines Commission; NC Dept. of amounts of drugs ... Guidelines Board as Oregon Administrative Rules Crime Control & Public Safety; GA General 21 USCA 841 (b)(D}(West 1981 and In December, 1988, (OAR 253-01-000 et seq.) Assembly staff; Kansas legislative Information, and subsequently approved by the Legislative state legislative staff; and Oregon Dept. of Supp. 1992). Assembly (Section 87, Chapter 790, Oregon Corrections. Laws 1989). Reviewed perlodlcaliy by the Criminal Justice Council; judges may deviate, but must give explanation why.

74 Technical Appendix --~~~------.------

Drugs, Crime, and the Justice System

The law provides for stiffer fines for Drug offenses that result In serious A guide to State controlled substances offenders other than individuals ... bodily Injury or death - acts (Wast>:k!~ton: National Criminal 21 USCA 841 (b)(C)(West Hl81 and Justice Association, January 1991 ),24- Supp.1992) Under l':ederallaw ... 25, and Elements of controlled $1,000,000 versus $5,000,000 for first 21 USCA 841 (1)(A)(West 1981 and substance acts table, Appendix B. offense with death or serious bodily Supp.1992) harm; $2,000,000 versus $10,000,000 Near schools - for sl1cond offense and death or serious 6 of the 15 States revising statutory 21 USCA 860 (West 1981 and Supp. bodily harm. provisions to the death penalty ... 1992). BJS, Capital punishment 1989, Bulletin, ... for Schedules'" and IV they are four NCJ-124545, October 1990, 3 Safe house- times greater ... and 21 USCA 856 (West 1981 and Supp. 21 USCA 841 (b)(C),(C)(2)(West 1981 Arkansas Stat. Ann. 5-10-'101 (a)(1) 1992); and D.C. Code Ann. 22-1515 and Supp. 1992) (1979 and Supp, 1992) (1992)(Section entitled "Presence In $250,000 versus $1,000,000 for first and illegal establishments"). offense; $500,000 versus $1,000,000 illinois Ann. Stat. ch.38, 9-1 (6)(c),(9) for second offense. (Smith Hurd 1979 and Supp. 1992) Booby traps - and 21 USCA 841 (e)(1),(2),(3)(West 1981 .. .for Schedule V, they are two and one­ Indiana Code Ann. 35-S0-2-9(b)(1 )(H) and Supp. 1992). half times greater (West 1985 and Supp. 1991) 21 USCA 841 (b)(C)(3)(West 1981 and and Drug offenses Involving specific Supp.1992) Louisiana Code Crim. Proc. Ann. art. drugs- $100,000 versus $250,000 for first 905.4(11 )(West 1984 and Supp. 1992) offense; $200,000 versus $500,000 for and 21 USCA 844(a)(West 1981 and Supp. second offense. Pennsylvania Stat. Ann. tit.42, 9711 (14) 1992) (Purdon 1982 and Supp. 1992) and Stde and Faderal stmtenclng and A guide to State controlled substances structur•• are similar South Dakota Codified Laws Ann. 23A- acts (Washington: National Criminal 27 A.1 (1 0)(1988 and Supp. 1992) Justice Association, January 1991), 12- A guidfl to State controlkJd substances and 13 and 21-35, and Elements of acts (Washington: National Criminal Nevada Rev. Stat. 453.333 (1986 and controllad substance acts table, Justice Association, January 1991), 15, Supp. 1991). Appendix B. 19. Nevada became the seventh State ... A guide to State controlled substances Drug offenses that result In acts (Washington: National Criminal environmental damage - page 179 Justice Association, January 1991), 28. U.S. House of Representatives, Select WashinQ10n State provides for ... Committee on Narcotics Abuse and Fad,ral and State laws provide Washington Rev. Code Ann. Control, Narcotic and dangerous drug speCial penalties for various drug 69.50.415 (1985 and Supp. 1992) control: Penalties under the Controlled offen.. circumstances Controlled substance homicide is a Substances Act and other Federaf,··· class B felony, punishable as statut9s, 1990, CRS-5 . '". Drug offen ... Involving mlnors- prescribed In Wash. Rev. Code Ann, ~ "and 9A.20.021, wh!ch provides for a 21 USCA '841 (D){6)(A),(B),(C)(West 21 USCA 859,861 (West 1981 and maximum 10 years and/or $20,000. 1981 and Supp. 1992) Five year prison term and fines Supp.1992) .... ""-'...... ~. """ and according to 18 USCA for knowingly or Drug offenses In specific locatlons- intentionally using a poison, chemical, U.S. HOUSG of Representatives, Select or other hazardous substance on Committee on Narcotics Abuse and U.S. House of Representatives, Selact Control, Narcotic and dangerous drug Federal land in violation subsection (a) Committee on Narcotics Abuse and of 21 USC 841, and in so doing: control: Penalties under ihe Controlled Control, Narcotic and dangerous drug Substances Act and otlier Federal (A) creating a serious hazard to control: Penalties under the Controlled humans, wildlife or domestic animals; statutes, 1990, CRS-7 Substance~ Act and other Federal and (8) degrading or harming the statutes, 1990, CRS-5 environment or natural resources; or A guide to State controlled substancos and acts (Washington: National Criminal (C) polluting an aquifer, spring stream Justice ASSOCiation, January 1991), 23 river, or body of water and Elements of controileci substances and acts table, Appendix B.

Technical Appendix 75 Drugs, Crime, and the Justice System

18 USCA 41 (West Supp. 1992) Other precursor chemicals were What are the sanctions $500 fine for wlllfu"y disturbing or killing added ... for violations of the drug any wild animal on United States 21 USCA a02(34)(West 1981 and paraphernalia laws? lands ... Supp.1992) 21 USCA 863(b) (West 1981 and Possession of them with the intent 10 Supp. 1992). manufacture ... page 180 A guide to State controlled substances acts (Washington: National Criminal Justice Association, January 1991), How do Federal mandatory The rederal Government 12-13 minimum sentences apply to drug can request civil penalties and offenders? for drug po .....lon 21 USCA 841 (d)(West 1981 and Supp. 1992) for the 10 year penalty The Anti-Drug Abuse Act of 1988 allows page 181 and DOJ to request a civil penaltl ... 18 USCA 3571 (b)(West Supp. 1992) U.S. House of Representatives, Select for the fine -an individual found guilty Mandatory minimum sentences limit Committee on Narcotics Abuse and of a felony may be fined not more than Control, Summary of Anti-Drug Abuse the sentencing discretion of judges $250,000. Act of 1988, November 28, 1988 and First-time offenders facing a 10-lear 21 USCA 844a(a),(c)(West 1981 and Federal and State courts mandatory minimum ... Supp. 1992}. can fine and Imprison 21 USCA 841 (b)(1 )(A)(West 1.981 and money launderers Supp. 1992). After 3 years, the individual's records ... 21 USCA 844aO)(1)-(5»)(West 1981 Persons convicted under the Federal ... and someone eligible for as-year and Supp. 1992), 28 CFR 76.41 money laundering laws ... mandatory minimum ... (1991 ). 18 USCA 1956(a)(1),(a)(2),(b)(West 21 USCA 841 (b}(1)(B)(West 1981 and Supp. 1992) Supp. 1992). Amounts collected through ... and 28 CFR 76.38 (1991). John K. Villa, Banking crimes: Fraud, The iaw establishes mandatory money laundering, and embezzlement minimum sentences for posseSSion Tho regulations implementing the (New York: Clark Boardman, Co., Ltd., of crack cocaine program ... 1988), 8·28 to 8-29, 8-37 to 8-38. "Regulations implementing civil 21 USCA 844(a)(West 1981 and Supp. penalties undl1lr the Anti-Drug Abuse Finarlcial institutions are also ... 1992) Act of 1988," FfJ,deral Reg/ster, January 12 USCA 1829bO) (West 1989 and and 11,1991,1086-1097 Supp. 1992). U.S. House of Representatives, Select and Committee on Narcotics Abuse and "Delegation of authority to Assistant Bank officers and directors also ... Control, Summary of Anti-Drug Abuse Attorney General, Civil Division," U.S. House of Representatives, Select Act of 1988, November 28, 1988 Federal R9(Jister, November 6, 1991, Committee on Narcotics Abuse and and 28 or 56578 Control, Summary of Anti-Drug Abuse A guide to State controlled substances and Act of 1988, November 28, 1988. acts (Washington: National Criminal CFR Part 76 (Order No. 1462-90) and Justice Association, January 1991), 21 23 CFR Part 0 (Order No. 1544:91). At least 14 States have enacted laws and Elements of controlled substances ~!'t money laundering ... acts table, Appendix B and Alaska Sta1e To date, no cases have been ... A gukis to State controlled substances summary. Personal communication, Margaret acts (Washington: National Criminal Justice Association, January 1991 ), 29 Plank, Civil Division, Department of Federal law also provides Justice, February 1992. and louisiana Rev. Stat. Ann. 40:1049(E) for harsher sentences under (West 19n and Supp. 1992) some circumstances Federallillw atabU.he. and penanl •• for Illegal u.. Oklahoma Stat. Ann. tit. 63, 2- For first offenders ... of precur.ar ch.mlcal. 503.1 (E)(West 1984 and Supp. 1992). 21 USCA 841 (b)(1 )(.t\),(f3),(C) (West 1981 and Supp. 1992). Some chamleals that are precursors ... 21 CFR 1308.12(8)(2)(1991) For second offenders ... and 21 USCA 841 (b) (West 1981 and 21 CFR 1308.12(8)(1)(1991) Supp.1992).

76 T9Clm/cal Appendix Drugs, Crime, and the Justice System

Third-time offenders ... Day Reporting Centers are a variant Electronic monitoring devices 21 USCA 841 (b) (West 1981 and of Intensively supervised probation are used for a wide variety Supp. 1992). of offenders' . NIJ, Dale G. Parent, Day reporting cen­ The law. also establish minimum ters for criminal offenders - A descrip­ NIJ, Marc Renzema and David T. Skel­ periods of supervised release tive analysis of existing programs, ton, Use of electronic monitoring in the after the full prison sentence September 1990, 1-8. United States: 1989 update, N IJ re­ has been served search in action, November/December House arrest Is used 1990,9-13. These periods range from 1 to 10 In many Jurisdictions years ... NIJ, Annesley K. Schmidt, The use of 21 USCA 841 (b)(1 )(A),(B),(C),(D)(West BJS, Recidivism of felons on probation, electronic monitoring by criminal justice 1981 and Supp. 1992) 1986-89, Special report, NCJ-134177, agencies 1988, Discussion paper 4-88, and February 1992, table 2 and 5. 1988, 11. A guide to State controlled substances acts (Washington: National Criminal How Is electronic monitoring The Federal system Is testing Justice Association, January 1991), 10- used In supervising offenders? electronic monitoring devices .. 11. Belinda R. McCarthy, ed., Intermediate Administrative Office of the U.S. Courts, The purpose of supervised release ... punishments: Intensive supervision, Annual report of the Director of the Deborah G. Wilson, "The impact of home confinement, and electronic Administrative Office of the United federal sentencing guidelines on sUlVeillance (Monsey, N.Y.: Criminal States Courts, 1989, 70 community corrections and Justice Press, 1987), 1-12 and privatization," in The U.S. sentencing and Administrative Office of the U.S. Courts, guidelines: Implications for criminal jus­ BJA, Electronic monitoring in intensive Annual report of the Director of the tiCf\ Dean J. Champion, ed. (New York: probation and parole programs, Mono­ Administrative Office of the United Pr..e.eger, 1989). graph, NCJ-116319, February 1989, 1 States Courts, 1990,87. and A JudglJ can order a lesser sentence Tracy Thompson, "Electronically Drug offenders may be sentenced only If the prosecutor recommends It monitored house arrest far from to shoe.k Incarceration programs perfect," The Washington Post, U.S. Sentencing Commission, Annual December 10, 1990, 01. NIJ, Doris lfAyton MacKenzie and report, 1990,70,74, table S. Deanna Bellew Ballow, Shock incarcer­ ation programs in State correctional ju­ page 183 risdictions- An update, NIJ research in action, May/June 1989. How are Intennedlate sanctiOns applied to drug law violators? Electronic monitoring devices NIJ, Dale G. Paront, Shock incarcera­ wer. flr.t used In 1984 tion: An ovelView of existing programs, page 182 NIJ issues and practices, NCJ-114902, NIJ, Annesley K. Schmidt, The use of June 1989, 27-28 and 57-58. electronic monitoring by criminal justice Intermediate sanctions are a mix agencies 1988, Discussion papor 4-88, Administrative Office of the U.S. Courts, of old and new penalties 1988, 2, 4, 10-11, 14. Doris Layton MacKenzie, "Boot camp prisons: Components, evaluations, and OJP, A .sulVey of intermediate sanc~ NIJ, Marc Renzema and David T. Skel­ empirical issues," Federal probation, tions, September 1990, 3-17. ton, Use of electronic monitoring in the September 1990, 44-52. United States: 1989 update, NIJ re­ Nonlncarceratlve Intermediate search in action, November/ December The White House, ONDCP, State drug sanctions are often used 1990,9-13. control status report, November 1990, . In conjunction with Intensively 13, 14, and chart at end. supervlseci probation National Narcotics IntelVention Project, American Probation and Parole Associ­ BJS, Census of State and Federal Cor­ BJS, Probation and parole, 1989, ationlNatlonal Association of Probation rectional facilities 1990, NCJ-137003, Bulletin, NCJ-125833, November 1990, Executives, unpublished data, 2. May 1992, table 18. 4. BJS, Probation and parole, 1990, Bulletin, NCJ-133285, November 1991, . tables 1 and 3.

Technical Appendix 77 Drugs, Crime, and the Justice System

Some Stat•• have enacted similar Criminal forfeiture occurs What government benefits can be legislation revoking State benefits after conviction for tho.. convicted of drug offenses denied to drug offenders? Office of the Attorney General, Annual The White House, ONDCP, State drug report of the Department of Justice page 184 control status rsport, November 1990, Asset Forfeiture Program, 1990,17-18. 10-11, and chart at end and Forfeiture funds are Incresslng 460 Federal benefits may be denied Department of Transportation and or revoked Related Agencies Appropriation Act, U.S. Marshals Service, Annual report: 1992, Pub. L. 102-143, 333,105 Stat. The White House, ONDCP, Nationa! Department of Justice Assets Forfeiture 917,944-47 (1991)(codijied at 23 Fund, Fiscal year, 1986,3 and 1987, drug control strategy: A Nation USCA 159 (West 1981 and Supp. appendix A, 39 responds to drug use, January 1992, 1992}) 126. and and Office of the Attorney General, Annual The White House, ONDep, National report of the Department of Justice OJP, "Denial of Federal Benefits Project drug control strategy: A Nation Asset Forfeiture Program, 1990 Information Kit," September, 1990. responds to drug use, January 1992, and 154. The White House, ONDCP, Courts are beginning unpublished data. to deny Federal benefits to drug offenders How Is asset forfeiture being used OJP, "Summary of sentences entered In drug cases? How do States use tax codes into the Denial of Federal Benefits to sanction drug offenders? Database," Denial of Federal Benefits page 186 Project, November 1991. page 187 Public housing can be denied ASSGt forfeiture Is a powerful to drug Udrs sanction against Illegal drugs At least 21 States levy a tax on drugs possessed or sold Illegally HUD, Office of Policy Development and NIJ, Jan Chaiken, Marcia Chaiken, and Research and Office of Public and Clifford Karchmer, Multljurisdictional A guide to State controlled substances Indian Housing, Together we can meet drug law enforcement strategies: Re­ acts (Washington: National Criminal the challenge: Winning the fight against ducing supply and demand, NIJ issues Justice Association, January 1991), 31 drugs, April 1991, 3-17. and practices, NCJ-126658, December and State Tax tables, Appendix B. 1990, 7-9, 22. Drug tax laws target Moat Jurlldlctlons permit drug dealer assets pag~ 185 civil forf.ltur. Constance Thomas, 1990 State sub­ The Federal Governm9nt can deny A guide to State controlled substances stance abuse laws, Intergovernmental other benefits and services acts (Washington: National Criminal Health Policy Project (Washington: to drug offender. Justice Association, January 1991), 11- George Washington University, March 12,21-22. 1991),2-5. The Department of State must deny or revoke passports ... Jurisdictions vary In terms How often are taxes assessed 22 USCA 2714(West 1981 and Supp. of what lafoffiltable en Illegal drugs? 1992). A guide to State Controlled substances Texas Comptroller of PubHc Accounts, The Federal Aviation Administration acts (Washington: . National Criminal Economic Analysis Center, "Texas drug may assess civil penahies ... Justice Associatiori, January 1991), 11- tax sets new trap for drug dealers," in 49 USCA App. 1471 (a). 1472(b)(West 12, 21 ~22, and State~by-State Fiscal Notes, October 19S9, 6-7. 1981 and Supp. 1992} summaries and and Office of the Attorney General, Capsule HUD, Asset forfeiture, undated paper. summary of major provisions of the Anti-drug Abuse Act of 1988, 31-32.

78 Technical Appendix Drugs, Crime, and the Justice System

State tax rates for Illegal drugs vary Federal drug law offenders are most Off~mders usually serve widely often Involved with narcotics only a portion of the sentence length In confinement In Florida the tax Is 50% of the esti­ Administrative Office of the U.S. Courts, mated price of transactions, medicinal Annual report of the Director of the BJS, Felony sentences in State courts, drugs, marijuana, and other controlled Administrative Office of the United 1988, Bulletin, NCJ-126923, December substances, plus a surcharge of 25% of States Courts, 1990, Appendix I, table 1990. estimated price. The penalty is a late 0-4, 197, and table 0-5, 200. fea of 5% of tax per month up to 25%, plus 12% interest; for willful nonpay­ Almost three of four drug ment, the fee is 50% of tax. trafficker. convicted In State courts Are sentences for drug law were sentenced to Incarceration violators generally becoming more In Montana the tax may be 10% of the severe? assessed market value of the drugs, or BJS, Felony sentences in State courts, $100/oz. of marijuana, $250/oz of 1988, Bulletin, NCJ-126923, December page 190 hashish, $200/g of any drug on Sched­ 1990. ule I or II, $10/100 meg of LSD, $100/0z of immediate precursors. Civil penalties Drug offenders are sentenced The number of drug offenders are 10% of the tax and 1% interest per to Incarceration In conjunction sentenced to Federal prison month. Criminal penalties of a $1,000 with other sanctions has risen since 1980 fine and imprisonment for up to 1 year have been declared unconst~utional U.S. Sentencing Commission, Annual BJS, Federal criminal case processing, (per the Montana Department of Rev­ report, 1990, National data, fiscal year 1980-89: With preliminary data for enue). 1990 guideline sentences table, Ap­ 1990, NCJ-130526, October 1991, ta­ pendix B. bles 15 and 17. In New Mexico the fines are: $300/g of Schedule I and II narcotics, $100/g of BJS, Felony sentences in State courts, Federal sentence lengths for drug amphetamines, $150/g of Schedule I 1988, Bulletin, NCJ-126923, December offenders have also Increased and II nonnarcotics, $200/0z of mari­ 1990. juana over S ounces, $1/25 meg of BJS, Federal criminal case processing, LSD, $50/g of drugs on Schedules III A guide to State controlled substances 1980-89: With preliminary data for through V and $300/g of PCP. acts (Washington: National Criminal 1990, NCJ-130526, October 1991, table Justice Association, January 1991), 10- 15. Texas criminal penalties from Bob 11 "Texas drug tax sets new trap Bullock, State courts were more likely to for dealers· in Fiscal Notes, (Austin: Texas Comptroller of Public Accounts, sentence drug traffickers to Incarceration In 1988 than In 1986 Economic Analysis Center, October Do State and Federal prison sen­ 1989) 6-7. tences for drug traffickers differ? BJS, Felony sentences in State courts, 1988, Bulletin, NCJ-126923, December, page 189 1990 What Is the probability of being and sentenced to Incarceration? BJS, Felony sentences in State courts, Most Federal prison sentences 1986, Bulletin, NCJ-115210, February page 188 for drug offenders are long 1989. U.S. Sentencing Commission, Annual Of those convicted of drug report, 1990, National data. fiscal year trafficking In Federa!eourts, 1990, guideline sentences table, Ap­ 91 % were sent&nced to prison pendix B.

BJS, Federal criminal case processing, Administrative Office of the U.S. Courts, 1380-89: With preliminary data for Annual report of the Director of the 1990, NCJ-130526, October 1991 , table Administrative Office of the United 16. States Courts, 1990, Appendix I, table 0-5,200.

Techn0alAppend~ 79 Drugs, Crime, and the Justice System

The Federal courts have begun Slnc81987, States have Increased Juvenile offenders may be sUbJect to sentencing under the Federal drug drug law violation penalties drug testing as a condition of release lawl with death penalty provisions A guide to State controlled substances Ann H. Crowe, Drug testing in the juve­ The Anti-Drug Abuse Act of 1988 allows acts (Washington: National Criminal nile justice system: The necessary imposition ... Justice Association, January 1991), 19- correlation between agency mission, U.S. House of Representatives, Select 20, 23·24 and Elements of controlled program purpose, and use of test Committee on Narcotics Abuse and substances acts table, Appendbc B. results, American Probation and Parole Control, Summary of Anti-Drug Abuse Association. Act of 1988, November 28, 1988, CRS- 7 What sanctions are applied Are Juvenile drug law violators and being treated more severely? Office of the Attorney General, Capsule to Juvenile drug offenders? summary of major provisions of the An­ Melissa Sickmund, Juvenile court drug ti-drug Abuse Act of 1988, 23-26. page 191 and alcohol cases, 1985·88 (Pittsburgh: National Center for Juvenile Justice, In May 1991, a Federal court in Birm­ September 1990), figure 5, 7, and ingham, Alabama ... Even juvenile cases handled figures 6-A and 6-8, 8. "Jury recommends execution under Informally may result In sanctions new U.S. drug law," The Washington Juvenile offenders are also Post, April 4, 1991, Ai 0 Melissa Sickmund, Juvenile court drug monitored electronically and and alcohol cases, 1985-88 (Pittsburgh: "Drug lord sentenced to death,· USA National Center for Juvenile Justice, Joseph B. Vaughn, "A survey of juvenile Today, May 15,1991, 3a. September 1990), 1-4 and 6·8. electronic monitoring and home confine­ ment programs," Juvenile & family court journal (1989), 1-36. Convicted Federal drug traffickers were more likely to be sentenced to prison In 1989 than In H"t-iU .••

Percent of convicted Federal drug Average sentence length of offenders sentenced to prison Federal drug offenders In months Year Possession Trafficking Possession Trafficking 1980 22.9% 76.8% 14.7 mos. 48.1 mos. 1981 41.8 79.7 28 52.6 1982 44.9 82.1 26.2 59.3 1983 33.9 82.9 25.1 58.5 1984 41 81 26.6 59.5 1985 43 82.3 34.5 60.8 1988 41.5 83.1 41 83.9 1987 27.8 85.4 48 69.1 1988 22.1 88.2 13.6 73.6 1989 28.7 91.5 • 8.1 77.3

Source: BJS, Federal almlnal case processing, 1980-89: With preliminary data for 1990, October 1991, tables 15 and 17.

80 .Technical Appendix Drugs, Crime, and the Justice System

Chapter IV Section 5. Correctional populations

How many Inmates are drug offenders? What happens to sentenced drug offenders? BJS, Profile of jail inmates, 1989, Special report, NCJ-129097, April 1991. page 194 BJS, State Prison Inmate Survey, 1991, forthcoming. BOP, State of the Bureau, 1990, 26. Drug offenders are supervised In Institutions or In the community Estimates of total number of incarcerated drug offenders are based on data from several sources. BJS, Probation and parole 1990, Bulletin, NCJ-133285, November 1991, Number Description Source 4. 22.5% % of total convicted jail Inmates 8JS, Profile of jail Inmates, Incarcerated for drug offenses 1989, Special report, Many adult and Juvenile drug for 1989 NCJ-129097, April 1991. offenders are supervised 195,661 estimated number of convicted jail BJS, Jail Inmates, 1990 In the community Inmates 6/30/90, from survey Bulletin, NCJ-129756, June 1991 , table 2.

BJS, Probation and parole, 1990, 22% % of total Slate prison Inmates BJS, State Prison Inmate Bulletin, NCJ-133285, November 1991. Incarcerated for drug offenses Survey, 1991, forthcoming. In 1991 from national sample Administrative Office of the U.S. Courts, Annual r8pOrt of the Director of the Ad­ 684,406 total State prisoners in 1990 8JS, unpublished data (12/31/90) ministrative Office of the United States table 2. Courts, 1985-1989. 50,388 tolal Federal sentenced prisoners BOP, State of the Bureau, 9/30/90 1990,26. BJS, Felony sentence!) in State courts, 25,037 Federal sentenced drug prisoners BOP, unpublished data. 1988, Bulletin, NCJ-126923, December 9/30/90 1990. The following calculations were used to estimate Melissa Sickmund, Juvenile court drug the total number Incarcerated for drug offenses In 1990. and alcohol cases, 1985-1988, 195,661 X .225=44,024 jail Inmates times the proportion drug offenders (Pittsburgh: National Center for Juvenile 684,406 X .22" 150,569 State prison Inmates Justice, September 1990), figure 5. 25,037 count of Federal drug Inmates 219,630 estimated total drug Inmates

Many Jurisdictions are using Total 1990: population estimates (all sentenced inmates) Intermediate sanctions for drug off.nders Jails 195,661 State prisons 684,406 Federal prisons 50,388 BJS, Probation and parole, 1990, total population 930,455 Bulletin, NCJ-133285, November 1991, 4. Drug Inmates Number Percent NIJ, Doris layton MacKenzie, W 'Boot All 219,630 100% camp' programs grow in number and Prison 150,569 69 scope," NIJ reports, November/ Jail 44,024 20 December 1990, 6-8. Federal 25,037 11

PopOlation figures for State prisons are estimates that combine Information from different source~\. Therefore, the figures presented In the report are estimates with an unknown margin of error. The~' should be used as rough approximations only.

Technical Appendix 81 Drugs, Crime, and the Justice System

State Inmates who used drugs before In State prisons, the proportion Is the propol1lon of drug offenders entering prison were more likely than of Inmates admitted for drug nondrug users to break prison rules In Jails and prisons Increasing? offenses has Increased

Percent of total State BJS, Prison rule violators, Special page 195 Inmates admitted for report, NCJ-120344, December 1989, Year drug offenses table 4 and Why are drug offenders 1960 4.2% BJS, Census of State and Federal cor­ becoming a larger share of the 1964 4.1 rectional facilities, 1990, NCJ-137003, prison population? May 1992, 6. 1970 9.8 BJS, Felony sentences in State courts, 1974 12.0 1988, Bulletin, NCJ-126923, December 1990 1978 8.4 Is drug testing used and In correctional systems? BJS, Felony sentences in State courts, 1981 7.7 1986, Bulletin, NCJ-115210, February 1982 8.1 page 197 1989 1983 8.2 and 1984 11.1 BJS, Federal criminal case processing, 1985 13.2 Correctional populations 1980-89: With pr8liminary data for are tested for drug use 1990, NCJ-130526, October 1991, 1986 16.3 table 17. 1987 2Q.4 BJA, American Probation and Parole 1988 25.1 Association's drug testing guidelines In Federal prisons, the riSing 1989 29.5 and practices for adult probation and proportion of offenders committed parole agencies, prepared in for drug offenses exceeded 50% In Source: 8JS, Prisoners In 1991, Bulletin, cooperation with the Council of State 1990 NCJ-134724, May 1992, tablel1. Governments, Monograph, NCJ- 129199, July 1991,1. Peroent of Federal Inmates comltted for Year drug offenses What are offenders' drug-use Cathryn Jo Rosen and John S. Gold­ patterns? kamp, "The constitutionality of drug 1970 16.3% testing at the bail stage," The journal of 1971 17 page 196 crimina/law and criminology (1989), 1972 16.9 80(1):114-176,140-141. 1973 25.6 1974 28.4 A large percentage of offenders Drug testing has a number of uses have drug problema In correctional settings 1975 26.7 1976 26.6 BJS, Recidivism of felons on probation, BJA, American Probation and Parole 19n 26.2 1986-89, Special report, NCJ-134177, Association's drug testing guidelines 1978 25.4 February ~ 992. and practices for adult probation and parole sgencies, prepared in 1979 25.3 BOP, Drug abuse problems of inmates cooperation with the Council of State 1980 24.9 in the U.S. Bureau of Prisons, 1988, un­ Governments, Monograph, NCJ- 1981 25.6 published report. 129199, July 1991, 1, 2, 7. 1982 26.3 BJS, Drug use and crime, Special re­ Dean V. Babst, Drug abuse testing: 1983 27.6 port, NCJ-111940, July 1988. Successful models for treatment and 1984 29.5 control in correctional programs, 2nd 1985 34.3 BJS, Jail inmates, 1989, Special report, edition (College Park, MD: American 1986 38.1 NCJ-123264, June 1990. Correctional Association, July 1981), 3. 1987 42 BJS, Survey of youth in custody, 1987, 1988 44.8 Special report, NCJ-113365, September 1989 49.9 1988,6. 1990 52.3

Source: Bureau of Prisons, May 1991.

82 Technical Appendix Drugs, Crime, and the Justice System

The privacy and other rights The States revoked the community supervision of more than ... of offenders differ from those of other citizens Tests administered to Revocations Parole & Parole & Cathryn Jo Rosen and John S. Gold­ probation probation kamp, "The constitutionality of drug combined" Probationers Parolees combined Probation Parole testing at the bail stage," The journal of criminal law and criminology (1989), Federal 600,000 2,055 80(1):114-76,161-164. Alabama 31,418 Alaska 9,708 NIC, Rolomdo V. del Carmen and Arizona 29,500 75,101 California 519,496 10,848 Jonathan R. Sorensen, Legal issues in Colorado 8,722 drug testing probation and parole clients and emplo.vees, Januarv1989, 2, 18- Connecticut 14 20. Delaware 3,323 Dis!. of Col. 18,667 14,640 Florida 112,554 Probationers and parolees Georgia 17,769 11,329 1,534 are tested for drug use HawaII 2,651 159 Illinois 2,190 Convicted offenders under supervision Indiana 100 in the community ... Kentucky 1,500 A guide to State controlled substances Kansas 6,976 acts (Washington: National Criminal Maryland 21,794 Justica Association, 1991),26 Minnesota 600 5 and Missouri 19,371 NIC, Rolando V. del Carmen and Nevada 18,000 454 Jonathan R. Sorensen, Legal issues in New Hampshire 4,707 drug testing probation and parole clients New Mexico 5,600 and employees, January 1989, 18. New York 100,000 North Carolina 7,025 45 256 16 Ohio 500 100 Urine ,surveillance for probationers and Oklahoma 44,000 parolees ... James J. Collins, "Policy choices in South Carolina 68,268 South Dakota 315 17 urine testing of probationers and Tennessee 3,364 430 parolees,· Paper presented at the Texas 95,794 196 American Society of Criminology, An­ Utah 4,860 243 nual Meeting in Reno, Nevada, Novem­ Virginia 67,567 ber 1989,1. West Virginia 280 5 Washington 150 The Corrections yearbook- Wisconsin 33,000 George M. Camp and Camille Graham Wyoming 2,665 Camp, The corrections yeatbook 1991: Total 981,768 173,369 809,612 2,752 2,521 Probation and parole (South Salem, NY: Criminal Justice Institute, 1991), 30,59. "These Jurisdictions do not distinguish between probationers and parol'.les in reporting on testing. Source: George M. Camp and Camille Graham Camp, The corrections yearbook 1991: Probat/on and parole (South Salem, NY: Criminal Justice Institute, 1991 ).30, 59.

Of felons placed on probation in 32 In the Federal system ... large urban counties in 1986 ... Administrative Office of the U.S. Courts, 8JS, Recidivism of felons on probation, Final report of the Director of the Ad­ 1986-1989, Special report, NCJ- ministrative Office of the United States 134177, February 1992, table 2 and Courts on the Demonstration Program table 3. of Mandatory Drug Testing of Criminal Defendants, March 29, 1991, ii-iii, 5.

Technical Appendix 83 Drugs, Crime, and the Justice System

Most offenders in the community ... Marjorie Marlette, "Drug treatment pro­ page 198 Carl G. leukefeld, "Opportunities for grams for inmates," Corrections com­ strengthening community corrections pendium (August 1990), 15(6):6-13. with coerC9d drug abuse treatment," Many correctlon,J systems test Perspectives, Fall 1990, 8. How many Incarcerated offenders Incarcerated offenders for drugs are In drug treatment? Many programs serve offenders BJS, Drug enforC9ment and treatment In the community NiDA, Frank M. Tims, Drug abuse treat­ in prisons, 1990, Special report, NCJ- ment in prisons, Treatment research 134724, July 1992. BJA, Directory of State-identified report, 1981, 1-2. intervention treatment programs for George M. Camp and Camille Graham -drug dependent offenders, NCJ- BJS, Drug use and crime, Special Camp, The corrections yearbook, 1991: 130581, July 1991, ii-iii. report, NCJ-111940, July 1988. Adult corrections (South Salem, NY: Criminal Justice Institute, 1991), 64. BJA, Treatment alternatives to street BJS, Census of State and Federal crime (TASC), Resource catalog, correctional facilities, 1990, The Federal prison system t.sts October 1989. NCJ-137003, May 1992, tables 1, 11, Inmates for drug UN and 18. George M. Camp and Camille Graham BOP, Urine Surveillance Program, Camp, The corrections yearbook 1991: 1987-1990, unpublished data. Probation and parole (South Salem, NY: Criminal Justice Institute, 1991), 31 Is treatment of drug offenders All initial positive results ... and 61. effective? Pharmchem, April 28, 1989. ,page 201 Drug use among Fedarallnmates page 200 Is relatively low When Is drug treatment BOP, Urine Surveillance Program, Conducting comprehensive considered successful? 1988-1990, unpublished data. treatment programs In local Jails Is difficult because of short NIDA, M. Douglas Anglin, NThe efficacy Jail stays of civil commitment in treating narcotic addiction," in Compulsory treatment of What drug treatment programs are NIJ, Harry K. Wexler, Douglas S. lip­ drug abuse: Research and clinical available to offenders? ton, and Bruce D. Johnson, A criminal practice, Carl G. leukefeld and Frank justice system strategy for treating co­ M. Tims, ads., NIDA research mono- page 199 caine-heroin abusing offenders in cus­ graph 86, 1988, 8-34 . tody, NCJ-113915, March 1988. and Robert L. Hubbard, Mary Ellen Many offenders supervised "Interview with American Jail Associa­ Marsden, J. Valley Rachal, Henrick J. In the community are referred tion (AJA) Special Projects Director," Harwood, Elizabeth R. Cavanaugh, and to drug treatment American jails (Fall 1988), 54-56. Harold M. Ginzburg, Drug abuse treatment: A national study of About 23% of felony probationers ... effectiveness (Chapel Hill, NC: Prison treatment programs can have University of North Carolina Press, BJS, Recidivism of felons on probation, a variety of components 1986-1989, Special report, NCJ· 1989). 134177, February 1992. Marjorie Marlette, "Drug treatment pro­ grams for inmates," Corrections com­ Are those who are compelled The extent of legal pressure .. , pendium (August 1990), 15(6):5-6. to enter treatment as successful NIDA, George Deleon, "legal pressure as voluntary entrants? in therapeutic communities,· in Compul­ sory treatment of drug abuse: Re­ The Federal Bureau of Prisons Several evaluations conducted from search and clinical practice, Carl G. began drug treatment 1977 to 1981- Leukefeld and Frank M. Tims, eds., In the1GGOs BJA, Treatment alternatives to street NIDA research monograph 86,1988, crime: TASC Programs, Program brief, 160-177. BOP, Drug abuse problems of inmates NCJ-116323, January 1988, 3·7 in the U.S. Bureau of Prisons, 1988, un­ and published report.

84 Technical Appendix

------~------Drugs, Crime, and the Justice System

NIDA, L. Foster Cook and Beth A. The treatment program available in and Weinman, et at, "Treatment alterna­ California ... Harry K. Wexler, Gregory P. Falkin, tives to street crime," in Compulsory NIDA, M. Douglas Anglin, "The efficacy Douglas S. Lipton, "Outcome evaluation treatment of drug abuse: Researoh and of civil commitment In treating narcotic of a prison therapeutic community for clinical praotice, Carl G. leukefeld and addiction," in Compulsory treatment of substance abus,e treatment," Criminal Frank M. Tims, eds., NIDA research drug abuse: Research and clinical justice and behavior, 17(1):71-92. monograph 86, 1988, p. 99-105. practice, Carl G. leukefeld and Frank M. Tlms, eds., NIDA research mono­ Cornerstone - Jhe Treatment Outcome Prospective graph 86, 1988, 8-34. Administrative Office of the U.S. Courts, Study (TOPS)- Gary Field, "The effects of intensive NIDA, George Deleon, "Legal pressure Other studies have shown ... treatment on reducing the criminal re­ in therapeutic communities," in Compul­ Maxine L. Stitzer and Mary E. McCaul, cidivism of addicted offenders," Federal sory treatment of drug abuse: Research "Criminal justice interventions with drug probation (December 1989), 53(4):51- and clinical practice, Carl G. leukefeld and alcohol abusers: The role of com­ 56,51-53. and Frank M. Tims, eds., NIDA pulsory treatment," in Behavioral ap­ research monograph 86, 1988, 162-167 proaches to crime and delinquency: A An examination of the New York De­ and handbook of application, research, and partment of Correctional Services' Stay Robert L. Hubbard, Mary Ellen Mars­ concepts, Edward K. Morris and Curtis 'n Out program':'- den, J. Valley Rachal, Henrick J. Har­ J. Braukmann, eds. (New York: Plenum Harry K. Wexler, Gregory P. Falkln, wood, Elizabeth R. Cavanaugh, and Press, 1987),331-361,336. Douglas S. Lipton, "Outcome evaluation Harold M. Ginzburg, Drug abuse treat­ of a prison therapeutic ccmmunity for ment: A national study of effectiveness According to studies in the early substance abuse treatment," Criminal (Chapel Hili, NC: University of North 1970s ... justice and behavior, 17(1):71 -92. Carolina Press, 1989), 22-23 NIDA, Herman Joseph, "The criminal and justice system and opiate addiction: A James J. Collins, RobertL. Hubbard, J. historical perspective," in Compulsory Are drug-using offenders Valley Rachal, Elizabeth R. Cavanaugh, treatment of drug abuse: Research and and drug law violators likely,. and S. Gail Craddock, Criminal justice clinical praotice, Carl G. leukafeld and clients in drug treatment (Research Tri­ Frank M. Tims, eds., NIDA research to recidivate? ' angle Park, NC: Research Triangle In­ monograph 86, 1988, 106-125. stitute, 1982), iii-99 page 203 and James J. Collins and Margaret Allison,. "legal coercion and retention in drug page 202 Drug users are more likely than abuse treatment," Hospital and Com­ nonusers to commit new crimes after release from prison munity Psychiatry (1983), 34(12):1145- How effective Is troatment 1149. In jails and prlsbns? A RAND Corporation study- Does legal supervision Improve the Stephen P. Klein and Michael N. An Institute of Medicine (10M) Caggiano, The prevalence, treatment success rate of offenders assessment -- who are released from prison? predictability, and policy implications of Dean R. Gerstein and Henrick J. recidivism (Santa Monica: The RAND Harwood, ads., Treating drug problems, Corporation, 1986), 31. A national survey conducted ... volume 1 (Washington: National Timothy H. Matthews, "The National Academy Press, 1990), 191. Narcotics Intervention Training Pro­ Another study in North Carolina­ gram; Say yes to drug intervention," Peter Schmidt and Ann Dryden Witte, Some evidence from individual Predicting recidivism using survival Perspectives (Summer 1988), 12(3):16- programs ... 27. models (New York: Springer-Verlag, Jerome J. Gallagher and Joseph C. 1988), 131 -133. Manary, Treatment of the heroin addict: Early results from an evaluation of the A correction-rehabilitation model Surveillance and Treatment on Proba­ The BJS National Recidivism Reporting (Mason, MI: Ingham County Jail, Program (NRRP)- tion (STOP) Program ... no date). Richard R. Clayton, Katherine P. BJS, Examining recidivism, Special re­ port, NCJ-96501, February 1985. Walden, and Gary T. Bennett, Evaluations of long-term intensive Surveillance and Treatment on therapeutic communities- Probation (STOP) in Kentucky: An NIJ, Marcia R. Chaiken, In-prison pro­ evaluation, Revised summary grams for drug-involved offenders, NIJ (lexington, KY: Center for Prevention issues and practices, NCJ-117999, July Research, June 1990),1-12. 1989,23

Technical Appendix 85 Drugs, Crime, and the Justice System

Federal drug law violators Drug offenders released from What effect do shock Incarceration are no more likely to recidivate State prllons were le88 likely to be programs have on recidivism? than Federal offenders overall rearrested for a similar crime Administrative Office of the U.S. Courts, BJS, Sentencing and time served: BJS, Recidivism of prisoners released Doris Layton MacKenzie, "Boot camp Federal offenses and offenders, Special in 1983, Special report, NCJ-116261, prisons: Components, evaluations, and report, NCJ-1 01 043, June 1987. April 1989, table1 O. empirical issues," Federal probation, Likelihood of rearrest: For each type of September 1990, 49-51 Released Federal drug offenders rearrest charge, the numerator is the and were less likely than all other types odds of rearrest for that charge among Administrative Office of the U.S. Courts, of offenders to be returned to prison prisoners released for the same type of Dale K. Sechrest, "Prison 'boot camps' offense; the denominator is the odds of do not measure up," Federal probation BJS, Sentencing and time served: rearrest for that charge among prison­ (September 1989),53(3):15-20. Federal offenses and offenders, Special ers released for a different type of of­ report, NCJ-1 01 043, June 1987. fense. Each ratio expresses the odds of rearrest among prisoners released on a similar offense relative to the odds of rearrest among those released on a dif­ page 204 ferent type of offense.

Recidivism rates of drug law What effect does the type violators released from State prisons of community supervision were lower than the rates for have on recidivism? other types of offenders " Joan Peters ilia, Joyce Peterson, and .. - BJS, Recidivism of prisoners released Susan Turner, Intensive probation and in 1983, Special report, NCJ-116261, parole: Research findings and policy April 1989, table 7, 5, and table 19, 10. implications (Santa Monica: The RAND Corporation, forthcoming), 12-43. Michael Eisenberg, Factors associated with recidivism (Austin, TX: Texas , ...,>"11 Board of Pardons and Paroles, 1985), 36-38.

86 Technical Appendix Now you can receive BJS press releases and other current data from the NCJRS Electronic Bulletin Board!

The Electronic Bulletin Board provides quick and easy access to new information­ use your personal computer and modem, set at 8-N-1 (rates 300 to 2400 baud), and call 301-738-8895, 24 hours a day. Once online, you will be able to review current news and announcements from BJS and its Justice Statistics Clearinghouse, including - " new publication listings'~ and conference calendars. For more information about the Bulletin Board, call 1-800-732-3277. . , Now available on microfic'he ' . ' - .

For librarians and researchers, 20 years of criminal justice statistics in complete, convenient form - free bibliographies have subject-title index and abstract for each title

Publications of the Bureau of Justice Statistics: 1985-89 (240 reports) 1971-84 (284 reports)

Reports on crime, victims, offenders, and criminal justice system operations from major data series:

• National Crime Survey • Computer crime • Law enforcement management • Criminal justice information policy • Prisons, jails, capital punishment • Federal justice statistics • Recidivism, parole, probation • Justice expenditure and employment • Courts • Bul!etins and Special Reports III Drugs and crime • Sourcebook of Criminal Justice Statistics • Privacy and security • Report to the Nation on Crime and Justice

For more information, call the Justice Statistics Clearinghouse at 800-732-3277

Order form Name ______o Yes! Send me Publications of the Bureau Title ______of Justice Statistics, 1985-89 microfiche library with free Topical Bibliography for $190 ($200 Agency ______Canada and $235 other foreign countries): Address ___• ______$_-- o Yesl Send me Publications of the Bureau of Justice Statistics, 1971-84 microfiche library Telephone ;,..,( ___-'-- ______with free Topical Bibliography for $203 U.S. o My check for $ _____is enclosed. and Canada ($248.25 other foreign countries): o Charge my $ ---:--:-:--, o Send me only the topical bibliography(ies) Visa for Publications of the Bureau of Justice Mastercard Statistics for $17.50 each ($18.50 Canada, Card no. ______$22.50 other foreign countries): 01985-89 $ ___ EXp. date ______01971-84 $ ___ Signature ______o Charge my NCJRS Deposit Account no. ______Return with payment to: Justice Statistics Clearlnghouse/NCJRS, o Government Purchase Order no. (add $2 processing fee) ______Dept. F·AKD, Box 6000, Rock\ClIIe, MD 20850 Total of order: $ _____ -

.. ~. Crime and older Americans: New information package

Essential facts for researchers, policymakers, criminal justice professionals, and students

• 20 tables describing As the elderly population has National Crime Victimization crimes committed against grown, there has been continued Survey, the FBI Unifonn older Americans and the concern about the effects of Crime Reports, and the BJS involvement of the elderly crime on this age group. This National Corrections Reporting in crime. unique package provides data on Program-the package discusses how crime affects the fast­ the types of crimes in which • List of other sources of growing elderly population and older Americans are most information on crime and offers a useful resource for likely to be the victims or the older Americans. professionals interested in offenders. . tracking such trends. • Bibliography detailing a You may order your copy for wide variety of publications This new information package is only $15.00. Call the BJS Clear­ that address crime and now available from the Bureau inghouse at 1-800-732-3277 and America's elderly. of Justice Statistics (BJS) have your VISA, MasterCard, or Clearinghouse. Drawing from Government purchase order national sources for crime number at hand. Or complete and statistics-including the BJS return the order form below.

Please send me copies of the updated Please bill my Crime and Older Americans Information NCJRS deposit account Package (NCJ 140091) for $15.00 each. o #------Name: ------o VISA 0 MasterCard Exp. date: Organization: ______Signature:#------______Address: ------City, State, ZIP: Please detach this form and mail it, with Telephone: ______payment, to: BJS Clearinghouse Method of puyment Department F Box 6000 o Payment of $ enclosed Rockville, MD 20850 o Check payable to NCJRS o Money order payable to NCJRS o Government purchase order # ______BJS DATA ON CD-ROM

The Bureau of Justice Statistics (BJS) presents crime and justice data on CD-ROM. Prepared by the Inter-University Consortium for Political and Social Research (ICPSR) at the University of Michigan, the CD-ROM contains 24 data sets, including the following:

• National Crime Victimization Surveys: 1987- 1989 Incident File • National Crime Victimization Surveys: 1989 Full File • Law Enforcement Management and Administrative Statistics, 1987 • National Pretrial Reporting Program, 1988-1989 • National Judicial Reporting Program, 1986 and 1988 • Survey of Inmates of Local Jails, 1983 and 1989 • I • National Jail Census, 1978, 1983, and 1988 • Survey of Inmates of S~Clte Correctional .Facilities, 1974, 1979,c~and 1986 • Censu§.~of-Sfai;Adult Correctional Facilities, 1974, 1979, and 1984 • Survey of Youth in Custody, 1987 • Expenditure and Employment Data for the Criminal Justice System, 1971-79, 1985, and 1988 ! I The BJS CD-ROM contains ASCII files that require the use of specific statistical software packages and does not contain full-text publications. SAS and SPSS setup files are provided.

The BJS CD-ROM can be purchased from the Bureau of Justice Statistics Clearinghouse for $15. It is available free through ICPSR member institutions. < I I For more information, t I call 1--800-732-3277. t f t. To order your copy of the BJS CD-ROM, please send a check or money order made out to the BJS Clearinghouse to Box 6000, 2B, Rockville, MD 20850. You may also purchase the CD-ROM by using VISA or MasterCard. Please include type of card, card holder's name and address, card number, and expiration date for processing. Credit Card Number ______Expiration Date ______Name and Address of Card Holder ______Selected Bureau of Justice Statistics Publications on CD-ROM

The National Economic, Social, and Environmental Data Bank (NESE-DB) CD-ROM, produced by the U.S. Department of Commerce, is a comprehensive electronic infor­ mation source focusing on the U.S. economy, society? and environment.

NESE-DB presents the full text of many of the Federal Government's most popular publications on CD-ROM, including The Economic Report of the President, Toxics in the Community, Health Statistics U.S., and Digest of Educational Statistics. The fol­ lowing publications from the Bureau of Justice Statistics (8JS) are also included:

• Criminal Victimization in the U.S., 1990 (text and tables) • Capital Punishment, 1990 (text) • Crime and the Nation's Households, 1990 (text) • Drugs and Jail Inmates, 1989 (text) • Felony Sentences in State Courts, 1988 (text) • Female Victims of Violent Crime (text) • Jaillnmates, 1990 (text) • Prisoners in 1990 (text) • Profile of Jail Inmates (text) • Probation and Parole, 1990 (text) • School Crime (text) • Women in Prison (text)

The CD-ROM includes ASCII text, Lotus tables? and updated Browse software. It can be used on any IBM-compatible PC with at least 640K of memory, an ISO 9660 (standard) CD-ROM reader, and Microsoft CD-ROM extensions (version 2.0 or higher).

The NESE-DB CD-ROM can be purchased from the BJS Clearinghouse for $15. For more information, call1-B00-732-3277. ~ ~l To order your copy of the NESE-DB CD-ROM, please send a check or money order for $15 made out to the BJS Clearinghouse to P.O. Box (1 6000, 2B, Rockville, MD 20850. You may also purchase the CD-ROM by using VISA or MasterCard. Please include type of card, card number, card holder's name and address, and expiration date for processing. Credit Card Type and Number ______Expiration Date ______I Name and Address of Card Holder ______~1 " ~j ~------======-~-===-=-----.~-~=~======-~.--=-==--..=-~=-~- J U.S. D~paTtment of Justice Office of justice Progmms Bureau of Justice Statistics

~ Drugs & Crime Data '. . . , . _ \L " . . ..

Do you know ... Do you ever .. io • what "Tragic Magic" is? • submit grant proposals? • the number of arrests for posses­ • work on your State drug strategy? sion of marijuana in your State? • prepare legislation? • how much cocaine was seized in • write statistical reports? your State over the past 5 years? Are you ... The Drugs & Crime Data Center & Clearinghouse has the answers to • ever at a loss for a statistic? these questions and many more. • pressed for time? • in a rush for information? The Data Center & Clearinghous&- • operates a toll-free 800 number staffed by drugs and crime Call today ... information specialists Drugs & Crime • answers requests for specific drug-related data Data Center & • maintains a data base of more than 2,000 drugs and crime citations Cleari nghouse • performs bibliographic searches 1-800-666-3332 on specific topics The resource for drugs-and-crime data. • disseminates Bureau of Justice Statistics and other Department of Justice publications relating to drugs and crime The Drugs & Crime Data Center & Clearinghouse is a free service funded • maintains a library and reading room by the Bureau of Justice Assistance (BJA) and managed by the Bureau of • publishes reports on current topics of Justice Statistics (8JS). interest

~ A product: of the Drug~ & Crime, ~ata Center & Clearinghouse 1-800-666-3332 ... Drugs & Crime Data Center & Clearinghouse .' 1-800--666-3332,. Publications order form, Spring 1993

NEW from BJS! 0 Drugs, crime, and the justice system: A national report, 12/92 133652 o Technical appendix: Drugs, crime, and the justice system, 3/93 139578 o Survey of State prison inmates, 1991, 3/93 136949

Drugs & Crime Data Bureau of Justice Federal justice statistics o Employee drug-testing policies in prison systems 8/88 112824 Federal sentencing in transition, Center & Clearinghouse Statistics 0 Identifying drug users and 1986-90 6/92 134727 o monitoring them during con- 0 Compendium of Federal justice 0 Drugs and crime facts, 1992 National Crime Victimization ditional release 2/88 114730 statistics, 1989 5/92 134730 3/93 139561 Survey o AIDS and intravenous drug use 0 State drug resources: 1992 0 Federal criminal case processing, 0 Criminal victimization in the U.S. 1980-90, with preliminary data for 2/88 108620 national directory 5/92 134375 Characteristics of different types 1991 12192 139563 1991 9/92 136945 o 0 Cal.. log of selected Federal of drug-involved offenders publications on illegal drug and 0 School crime: A National Crime 0 Drug law violators, 1980-86: Victimization Survey report Federal offenses and offenders 2/88 108560 alcohol abuse: 2nd edition Project DARE: Teaching kids to 9/91 131645" 6/88 111763 o 3/93 139562 say "no" to drugs and alcohol 0 Drugs & Crime Data Center & Corrections 3/86 100756 Clearinghouse brochure General 999092 0 Drunk driving 9/92 134728 0 Tracking offenders, 1988 Drug Use Forecasting 0 Drugs & Crime Data Center & 0 Drug enforcement and treatment 6/91 129861 7/92 134724 o Drug Use Forecasting, third Clearinghouse rolodex card in prisons, 1990 0 Re~rt to the Nation on crime and quarter, 1991 7/92 134230 999911 0 Census of State and Federal i'lstice: 2nd eciition Drug Use Forecasting, annual correctional facilities, 19~O 6i88 105506 o Fact sheets 5/92 13;003 report, 1991 12/92 137776 0 Drug data summary 0 Prisons and prisoners in the National Institute 11/92 999135 United States 4/92 137002 Bureau of 0 Drug use trends 5/92 999134 0 Correctional populations in the of Justice Justice Assistance 0 Drug testing in the criminal justice United States, 1989 The effect of drug testing in New system 3/92 999133 10/91 130445 0 Drug testing guidelines and Orleans 1/93 140090 o 0 Street terms: Cocaine 0 Drugs and jail inmates, 1989 practices for juvenile probation Testing hair for illicit drug use 11/91 999152 8/91 130836 0 and parole agencies Profile of jail inmates, 1989 1/93 138539 0 Street terms: Heroin 0 4/92 136450 State and local money laundering 11/91 999153 4/91 129097 0 Multijurisdictional drug control control strategies 10/92 137315 o 0 Street terms: Marijuana 0 Women in prison 3/91 127991 task forces 1988-1990: Critical Expedited drug case management 11/91 999151 0 Violent State prisoners and their 0 components of State drug control victims 7/90 124133 programs 10/92 136879 0 Street terms: Costs and quantities strategie;; 4/92 136840 Pretrial drug testing of Illicit drugs 11/91 999150 0 Recidivism of prisoners released 0 Accountability in dispositions for 9/92 137057 o 0 Ice 11/90 999130 in 1983 4/89 116261 juvenile drug offenders 0 Searching for answers: Research 0 Survey of youth in custOdy, 1987 3/92 134224 and evaluation on drugs and Selected bibliographies 9/88 113365 An introdUction to DARE: DrLig crime 7/92 137775 o 0 Drug use and crime: State prison Abuse Resistance Education 0 Asset forfeiturelasset seizure Controlling street-level drug inmate survey, 1986 0 10/91 129862 999127 trafficking: Evidence from Oakland 6/88 111940 Implications of DUF ciata for 0 Crack, cocaine, and crime and Birmingham 6/92 136165 o 0 Recidivism of young parolees TASC programs: Female 999124 5/87 104916 0 The police, drugs, and public arrestees 10/91 129671 0 Designer drugslclandestine housing 6/92 136316 Directory of State-identified laboratories 999122 Law enforcement Modern policing and the control of o 0 interventionltreatment programs 0 Drug testing 999160 illegal drugs 5/92 133785 0 Drug enforcement by police and for drug-dependent offenders 0 Drug testing in the workplace Techniques for the estimation of sheriffs' departments, 1990 0 7/91 130581 999161 illicit drug-use prevalence: An 7/92 134505 American Probation and Parole 0 Drug trafficking and distribution overview of relevant issues o 0 Sheriffs' departments, 1990 Association's drug testing 999126 5/92 133786 2/92 133283 guidelines and practices for adult 0 Drug treatment in correctional A comparison of urinalysis 0 State and local pOlice depart- 0 probation and parole agencies settings 999123 technologies for drug testing in ments, 1990 2/92 133284 7/91 129199 0 Drug use and crime 999103 criminal justice 6/91 132397 0 Gangs, drugs, and violence o Access to criminal history records Courts 0 Urine testing of detained juveniles by TASC programs: A report on 999162 to identify high-risk youths Pretrial release of felony defen- current practice and statutory 0 Juveniles and drugs 999128 0 5/90 119965 dants, 1990 12192 139560 authority 6/90 124138 0 Minorities, drugs, and crime Prison programs for drug-involved Recidivism of felons on probation, 0 Estimating the cost of drug 999120 0 offenders 10/89 118316 o 1986-89 2/92 134177 testing for a pretrial services 0 Women, drugs, and crime The police and drugs Prosecution of felony arrests, 0 program 6/89 118317 999129 0 9/89 117447 1988 2/92 130914 Treatment alternatives to street Local level drug enforcement: o Felony sentences in State courts, 0 crime: Implementing the model 0 New strategies ;l189 116751 Orders must be limited 1988 12/90 126923 9/88 116322 0 Mandatory and random drug to 10 documents. Check 0 Felony defendants in large urban testing in the Honolulu police o Urinalysis as a part of a TASC counties, 1988 4/90 122385 program 7/88 115416 titles deSired, fill in department 2/89 117718 blanks below, and mail to: Drugs & Crime Data Center & Clearinghouse, 1600 Research Boulevard, Rockville, MD 20850. D Please add my name to the Drugs & Crime mailing list. Name Title Organization ______------_ Address

City, State, ZIP ______Daytime Phone *U.S. G.P.O.:1993-342-471:B0005 fold here, seal with tape, stamp, and mail

fold here, seal with tape, stamp, and mail

,------"------.;,~-

Place stamp here

Drugs & Crime Data Center & Clearinghouse 1600 Research Boulevard Rockville, MD 20850

~------Drugs & Crime Data Center & Drugs & Crime Data Clearinghouse

The Bureau of Justice Statistics updated directory provides valuable contacts for locating State agencies concerned with drug abuse

tate Drug Resources: ~992 National Directory

Please send the State Drug Resources: 1992 National Directory (NCJ-134375). Name Title ______. Organization ______Daytime phone ______Address ______City, State, ZIP ______o Please add my name to the Drugs & Crime Data Center & Clearinghouse mailing list. Mail to: Drugs & Crime Data Center & Clearinghouse, 1600 Research Boulevard, Rockville, MD 20850 Questions about drugs To order this report and crime? or ask about other BJS crime and justice data: Call 1-800-666... 3332 Call1-800 ..732 ...32n Drugs & Crime Data Center & Clearinghouse Bureau of Justice Statistics 1600 Research Boulevard Clearinghouse Rockville, MD 20850 Box 6000 Rockville, MD 20850

Or call the BJS section of the NCJRS electronic bulletin board for the latest data releases:

1-301-738-8895

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