Drug Amendment Offers Bankrupt Policy

Dear Senator:  

We are writing to urge you to vote against the Hatch Drug Amendment to be offered to S. 625 "The Bankruptcy Reform Act of 1999". This amendment includes Senator Abraham's Cocaine Bill, S. 146, which would raise powder cocaine penalties to unacceptably high levels - forcing jail overcrowding without offering any concrete solutions to drug addiction. It also places unacceptable mandates on schools to enact drug laws dictated by Congress - whether those mandates are effective or sensible for the local area. It includes a voucher provision that would provide federal funding for some children to attend private school at government expense - without providing money to improve the overall quality of education for all children.  

Cocaine Penalties Are Sufficiently Harsh - Crack Penalties Must be Decreased  

We agree with Senator Abraham's desire to equalize penalties between crack and powder cocaine; however, we strongly disagree with increasing powder cocaine penalties. Under this proposal, the sentence for a participant in a 50 gram powder transaction will almost triple, from 21 months to 5 years, and the sentence for a 500 gram defendant will almost double from 63 months to 10 years! Cocaine penalties are already sufficiently harsh.  

This Bill Will Spend Billions Incarcerating Non-Violent Lower Level Users  

This amendment will exacerbate current imbalances in drug policy at significant cost. The U.S. Sentencing Commission reports that more than half of powder cocaine defendants are already at the lowest level of the drug trade and 86 percent are nonviolent. Previous bills that lowered the trigger quantity less dramatically than this bill forecasted an influx of 7,538 addicts and small-time drug users into federal prisons within ten years at a cost to taxpayers of $1.55 billion. The predicted twenty-year cost rose to $4.72 billion, and the 30-year cost was a staggering $9.5 billion.  

This Bill Will Increase Racial Disparities in Drug Sentencing  

This amendment will increase the disproportionate representation of minorities in federal prison. Currently, 80 percent of the defendants sentenced to federal prison for powder cocaine offenses are non-white. The largest percentage are Hispanic (48.5%).  

The Bill Contains a Misguided School Vouchers Provision  

The "Student Choice and Family School Choice Amendment will be offered as part of the "Drug Amendment" to the bankruptcy bill. The amendment would create a voucher program allowing Title I and II Funds and "any other educational funds " to be used to send certain children to private schools. Children who are victims of "a violent criminal offense, including drug-related violence", would be entitled to attend any other public, private, or religious schools at federal taxpayer expense. The state educational agency would determine what acts would constitute violent criminal offenses.  

This amendment would only offer benefits to a select number of students. We believe in funding programs that will make schools safe for all students. Fundamental fairness demands that we improve our public schools for every child instead of targeting a few for special privileges," and only addresses the problem of violence after it has happened. Vouchers do not improve public schools, which educate 90% of America's school children.  

Contrary to some assertions, vouchers do not guarantee parental "choice." Private schools do not have to serve all students and can reject those with disabilities, with limited English proficiency, or other special needs. While voucher schemes offer the illusion of 'choice,' in reality, they increase the opportunities for only a handful of children who will have the luxury of attending private and religious schools at public expense.  

The Amendment Mandates School Expulsion  

This amendment would mandate that states expel students for at least one year if they are found in possession of a felonious quantity of drugs on school grounds. Current law makes possession of any amount of cocaine a felony offense. Mandatory expulsion from school for drug possession deprives a child of his or her right to an education and deprives the state of its ability to set school policy that makes sense for its locality. Expelling students from school for drug offenses will do nothing to help the child address a drug habit, but will do a lot towards keeping the child from rehabilitation and a productive future.  

Vote No on the Hatch Drug Amendment to S. 625!!!