ACLU Welcomes New Report from Sentencing Project

ACLU Welcomes New Report from Sentencing Project

In February 2002, the Sentencing Project released a policy report analyzing the impact of the 1996 Welfare Reform Act on women convicted of felony drug offenses and their children. Under Section 115 of the Act, persons convicted of drug offenses are subject to a lifetime ban on receiving cash assistance and food stamps. No other offenses result in losing these benefits. States can opt-out of implementing the ban. Currently 22 states impose the ban in full and 20 others in part.

The ban is just part of a series of harsh "drug war" policies. Current federal law imposes a vast array of punishments uniquely for drug crimes - loss of welfare, food stamps, loans or financial aid for higher education, public housing, and in some cases, ineligibility for state or federal jobs. Furthermore, in many states, convicted felons lose their right to vote.

The ACLU supports the repeal of the lifetime ban. The ban is discriminatory and unfair. The report documents the negative consequences of this legislation for many low-income women and their children, with a disparate impact on African Americans and Latinas.

When a person has paid her debt to society by serving whatever punishment is imposed, she should be allowed to get a fresh start and have the best chance of becoming a productive member of society. By denying a person the ability to pay for basic family needs, current welfare policy only promotes the likelihood that she will result to crime to feed and shelter her family.

The ban affects family unity because the denial of cash assistance and food stamps makes it far more likely that the family will break up. This is bad for family values and also imposes a needless expense through the foster care system. Furthermore, the policy leads to increased homelessness. By eliminating TANF and public housing, it means that people may not be able to pay rent. Instead, they will be forced to live in temporary shelters, which is the most expensive form of housing possible (temporary shelter).

This misguided policy is designed to create a class of citizens with no real prospects of ever succeeding. It is particularly disturbing given that drug addiction is a medical condition. Governmental policies should help people to become productive members of society and good parents, rather than imposea lifetime punishment.

A copy of the report is available on line at: http://www.sentencingproject.org/allard/lifesentences.pdf