34 U.S.C. § 12522 — Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
submitted 32 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 169 words · no verdicts yet
The federal government's policy is that drug use or dealing in federal prisons will not be tolerated and will be fully prosecuted. The U.S. Sentencing Commission must raise the sentencing guidelines for simple drug possession or drug smuggling and distribution inside federal prisons, and courts cannot give probation for these crimes.
(a) Declaration of policy. It is federal policy that using or distributing illegal drugs in federal prisons will not be tolerated, and that these crimes will be prosecuted fully.
(b) Sentencing guidelines. Using its general power to set sentencing guidelines (under section 994 of title 28), the U.S. Sentencing Commission must increase the penalty for someone convicted of: (1) simple possession of a controlled substance inside a federal prison or detention facility, under section 844 of title 21; or (2) smuggling a controlled substance into a federal prison or detention facility, or distributing or intending to distribute one there, under section 841(b) of title 21.
(c) No probation. No matter what any other law says, a court cannot sentence someone convicted of one of these crimes to probation.
It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
Pursuant to its authority under section 994 of title 28, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—
under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or
under section 841(b) of title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.
Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.
Source credit: (Pub. L. 103–322, title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1987
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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