- § 12521. Increased penalties for drug-dealing in “drug-free” zones
- § 12522. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
- § 12523. Violent crime and drug emergency areas
§ 12521. Increased penalties for drug-dealing in “drug-free” zones
Pursuant to its authority under section 994 of title 28, the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of violating section 860 of title 21.
(Pub. L. 103–322, title IX, § 90102, Sept. 13, 1994, 108 Stat. 1987.)
§ 12522. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
(a) Declaration of policy
(b) Sentencing guidelines
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—
(1) under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or
(2) 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.
(c) No probation
(Pub. L. 103–322, title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987.)
§ 12523. Violent crime and drug emergency areas
(a) Definitions
(b) Declaration of violent crime and drug emergency areas
(c) Procedure
(1) In general
(2) Finding
(d) Irrelevancy of population density
(e) Requirements
As part of a request for a declaration under this section, and as a prerequisite to Federal violent crime or drug emergency assistance under this section, the chief executive officer of a State or local government shall—
(1) take appropriate action under State or local law and furnish information on the nature and amount of State and local resources that have been or will be committed to alleviating the major violent crime- or drug-related emergency;
(2) submit a detailed plan outlining that government’s short- and long-term plans to respond to the violent crime or drug emergency, specifying the types and levels of Federal assistance requested and including explicit goals (including quantitative goals) and timetables; and
(3) specify how Federal assistance provided under this section is intended to achieve those goals.
(f) Review period
(g) Federal assistance
The President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, financial assistance, and managerial, technical, and advisory services) in support of State and local assistance efforts; and
(2) provide technical and advisory assistance, including communications support and law enforcement-related intelligence information.
(h) Duration of Federal assistance
(1) In general
(2) Extension
(i) Regulations
(j) No effect on existing authority
(Pub. L. 103–322, title IX, § 90107, Sept. 13, 1994, 108 Stat. 1988.)