[Weekly Compilation of Presidential Documents Volume 31, Number 51 (Monday, December 25, 1995)]
[Pages 2202-2203]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Memorandum on Federal Arrestee Drug Testing
December 18, 1995
Memorandum for the Attorney General
Subject: Development of the Administration's Federal Arrestee Drug
Testing Policy
Illegal drugs plague our communities, causing despair and illness,
and, most importantly, contributing significantly to unacceptable levels
of crime and violence. More than half of all individuals brought into
the Nation's criminal justice system have substance abuse problems. Too
often, the same criminal drug users cycle through the court,
corrections, and probation systems still hooked on drugs and still
committing crimes to support their habit.
We can and will continue to prosecute and convict these criminal
drug users. Yet our criminal justice system must do more to try to
reduce drug use. Across the country, employers have accepted their
corporate responsibility to reduce the levels of drug use within their
workplaces.
So too, the agencies of our criminal justice system must do their
part, giving criminal drug users powerful incentives to stay off drugs
by putting a high price on continued drug use. These incentives--
commonly referred to as ``coerced abstinence''--should be applied at the
earliest possible stage in a person's interaction with the criminal
justice system--following arrest.
To ensure that we are doing all we can to break the cycle of drugs
and crime, I am directing you to develop a universal policy providing
for drug testing of all Federal arrestees before decisions are made on
whether to release them into the community pending trial. I further
direct that you establish a policy whereby Federal prosecutors will seek
appropriate measures for arrestees who fail pretrial drug tests.
[[Page 2203]]
The Federal criminal justice system should serve as a model for
State criminal justice systems--where the majority of criminal cases are
processed and the cycle of repeat drug-related offenders is most
evident. Therefore, I am also directing you to take all appropriate
steps to encourage States to adopt and implement the same policies that
we are initiating at the Federal level.
You should report to me in writing by March 31, 1996, on the
specific steps you will take to implement this policy.
William J. Clinton