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Denial of Federal Benefits Project

NCJ Number
123558
Date Published
Unknown
Length
14 pages
Annotation
Public Law 100-690, the Anti-Drug Abuse Act of 1988, includes new provisions regarding the denial of Federal benefits to those convicted of drug trafficking and possession.
Abstract
To preclude unreasonable hardships and inequities, the legislation exempts some benefits, such as earned veterans' benefits. The law also provides for the restoration of benefits to persons who successfully complete drug rehabilitation programs. The law applies to convictions occurring on or after September 30, 1989. Sentencing guidelines for Federal courts were amended on November 30, 1989 to include the denial of Federal benefits as an option available for sentencing persons convicted in Federal courts. On January 26, 1990, all State supreme courts and State court administrators were advised of the program. The Department of Justice's Office of Justice Programs has established a clearinghouse to receive notice from Federal and State courts of sentences that include the denial of Federal benefits. Guidelines and associated forms to implement the denial program have been developed and are being distributed to affected organizations within Federal and State court systems. Answers to commonly asked questions about the program are provided along with the Federal form used to deny Federal benefits for drug offenders and a copy of the relevant legislation.