[Congressional Record Volume 149, Number 45 (Thursday, March 20, 2003)]
[Senate]
[Pages S4169-S4170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN:
  S. 672. A bill to require a 50 hour workweek for Federal prison 
inmates and to establish a grant program for mandatory drug testing, 
and for other purposes; to the Committee on the Judiciary.
  Mr. ENSIGN. Mr. President, I rise today to introduce the Mandatory 
Prisoner Work and Drug Testing Act of 2003. This legislation is the 
continuation of work I did while in the House of Representatives to 
rein in the undeserved privileges that are currently given to Federal 
prisoners.
  Today's criminal justice system is failing, partly because of what 
happens, or more specifically, doesn't happen, once convicted criminals 
arrive in prison. What prisoners are doing is watching cable 
television, getting high on drugs, lifting weights, and learning to be 
better criminals. What they are not doing is working and paying back 
their victims. That's not justice.
  The purpose of the Mandatory Prisoner Work and Drug Testing Act is to 
help establish a Federal prison system that provides discipline and 
rehabilitation for our Nation's prisoners and requires that they make 
restitution to their victims.
  First, this legislation requires that all Federal prison inmates have 
a 50-hour work week. Job training, educational and life skills 
preparation study will also be mandated under this provision. Current 
federal law does not mandate a minimum work week for the 100,000 
inmates in the Federal prison system. Sadly, the average workday for a 
prisoner in the United States is 6.8 hours. This is absolutely 
unacceptable. American taxpayers should not have to work full-time to 
provide rest and relaxation for our nation's prisoners.
  Federal prisoners would be paid for the work they do, but their pay 
would be divided and dispersed in the following manner: 25 percent 
would offset the cost of prisoner incarceration, 25 percent would go to 
victim restitution, 25 percent would be made available to the inmate 
for necessary costs of incarceration, 10 percent would be placed in a 
non-interest bearing account to be paid to the inmate upon release, and 
the remaining 15 percent would go to states and local jurisdictions 
that operate correctional facilities which have similar programs.
  Second, this legislation requires the Bureau of Prisons to establish 
a zero-tolerance policy for the use or possession of illegal 
contraband. A drug-free environment is essential to any hopes of 
rehabilitation for our federal prison inmates. Under these provisions, 
inmates would be subject to random searches and inspections for drugs 
not less than 12 times each year. Federal prisons would be required to 
offer residential drug treatment for all inmates. And finally, any 
employee hired to work in a federal prison would undergo a mandatory 
drug test, and all employees would be subject to random testing at 
least twice each year.
  I understand that many State and local prisons would also be 
interested in starting programs to get a drug-free prison, and for that 
reason have included a new grant program. Any State or unit of local 
government may apply for grants if they meet the same drug-testing 
requirements that are mandated for federal prisons under this 
legislation.
  Third, the Mandatory Prisoner Work and Drug Treatment Act includes a 
requirement that all inmates in the Federal prison system participate 
in a boot camp for not less than four weeks. This boot camp program 
would include strict discipline, physical training, and hard labor to 
deter crime and promote successful integration or reintegration of the 
offender into the prison community. Those prisoners that choose not to 
participate or are physically unable to participate are required to be 
confined to their cells for not less than 23 hours per day during the 
duration that they would otherwise be spending in this program and be 
allowed only those privileges that are granted under Federal law.
  These boot camps work. In fact, the Federal Bureau of Prisons already 
supports two such programs, one for men and one for women. These 
programs place inmates in highly structured, spartan environments where 
they undergo physical training and labor-intensive work assignments, 
coupled

[[Page S4170]]

with education and vocational training, substance abuse treatment, and 
life skills programs. They focus on promoting positive changes in 
inmates' behavior, including responsible decision-making, self-
direction and positive self-image. In fact, boot camps have worked so 
well that over 30 states now have them in place.
  Finally, this legislation will further restrict inmates' activities 
and possessions. Under this legislation inmates would not be allowed to 
possess or smoke tobacco, view or read pornographic or sexually 
explicit material, or view cable television that is not educational in 
nature. Inmates would not be allowed to possess microwave ovens, hot 
plates, toaster ovens, televisions, or VCRs. They would not be allowed 
to listen to music that contains lyrics that are violent, vulgar, 
sexually explicit, glamorize gang membership or activities, demean 
women, or disrespect law enforcement. We have to remember that these 
individuals are in Federal prison to be punished for a crime they 
committed. There is no reason for inmates to be given the same, or 
better, privileges than law-abiding citizens have. No one can tell me 
that an inmate has to have cable television when many law-abiding, 
taxpaying families cannot afford such a perk.
  We need to work to ensure that our nation's criminals understand the 
gravity of the crimes they committed. I understand that many of our 
nation's jails and prisons use activities like weight lifting as 
rewards for their inmates. My legislation does not restrict that kind 
of activity. This legislation simply states that it is no longer 
acceptable for our nation's inmates to leisurely go about their day 
instead of working to pay for the crimes they committed. It is time 
that our government send a clear message to the victims of these crimes 
that these criminals will pay, and that restitution, to the maximum 
extent possible, will be made.
  Quite simply, we need to stop the revolving doors of our prison 
system. A study released in June, 2002, by the U.S. Department of 
Justice found that among nearly 300,000 prisoners released in 15 states 
in 1994, 67.5 percent were rearrested within three years. It is my hope 
that if Federal prisoners were required to work and given drug 
treatment, instead of perks like cable television and weight training 
time, these individuals would be deterred from committing another crime 
and returning to prison.
  I hope that my colleagues will support this legislation and help me 
in getting it passed this year.
                                 ______