Casey, Heinrich Introduce Legislation to Stop Fentanyl from Entering Prisons, Protect Officers from Dangerous Exposure

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Interdiction of Fentanyl at Federal Prisons Act to help BOP eliminate fentanyl and other illicit narcotics from entering prisons by mail

Washington, D.C. - Today, U.S. Senators Bob Casey (D-PA), Martin Heinrich (D-NM) and introduced legislation to protect prison officers, staff, and inmates from fentanyl and other illicit substances entering the Federal Prison System through inmate mail. By directing the Bureau of Prisons (BOP) to develop a strategy that guarantees all mail is screened for illicit contraband, the Interdiction of Fentanyl at Federal Prisons Actwould reduce the risk of intentional poisoning or lethal exposure from illicit substances in federal prisons and support the 38,000 BOP corrections officers and staff that are dedicated to keeping prisons safe.

"As we fight back against the fentanyl crisis, we must protect those who face at elevated risk of dangerous exposure. I have long pushed for digital mail screening as an effective way to stop fentanyl from entering our prisons to protect officers, staff, and inmates," said Senator Casey. "This legislation is a critical step to keep Pennsylvanians safe and I will continue fighting like hell to stop the fentanyl crisis."

"We need to deploy every available tool we can to tackle the opioid epidemic and support law enforcement in cracking down on drug traffickers and the deadly flow of fentanyl," said Senator Heinrich. "By screening all mail at federal prisons, we can protect officers and staff from harmful exposure to illicit substances and prevent life-endangering overdoses. I won't stop fighting until we deliver the resources our law enforcement officers, first responders, medical providers, and New Mexicans on the front lines need to address this deadly epidemic."

"According to the Bureau of Justice Statistics, drug or alcohol intoxication deaths in State prisons rose by more than 600% between 2001 and 2018. In county jails, this number increased by more than 200%. This rapid increase in drug-related deaths in prisons has left law enforcement, particularly correctional officers, overwhelmed. This legislation addresses this issue by limiting the synthetic drug supply chain which contributes to the circulation of illicit substances through our communities and correctional facilities. Correctional facilities' capabilities to protect staff and detainees from exposure to synthetic drugs and opioids will be evaluated and appropriate protective measures will be implemented. Additionally, the Federal Bureau of Prisons will also incorporate a more comprehensive inbound mail processing system to prevent these illicit substances from reaching inmates," said Patrick Yoes, FOP National President of the Fraternal Order of Police.

As Pennsylvania and the Nation continue to grapple with the opioid crisis, The Interdiction of Fentanyl at Federal Prisons Act would protect officers, staff, and inmates by requiring BOP to develop a strategy to intercept and interdict illicit substances, including fentanyl, mailed to federal correctional facilities. After one BOP official lost his life and numerous reports of officers being hospitalized after being exposed to mail saturated in fentanyl and other unknown substances, this legislation would help keep them safe on the job. Specifically, this bill would enable BOP to acquire and deploy equipment to scan 100 percent of legal and postal mail arriving at federal correctional facilities. This legislation would enhance mail screening and ensure that all incarcerated people receive digital copies of mail addressed to them, while remaining consistent with the law and BOP procedures governing attorney-client privilege. This bill would also guarantee that all contraband-free mail be delivered once it has been screened.

"CADCA strongly supports the Interdiction of Fentanyl at Federal Prisons Act," CADCA's President & CEO, Barrye L. Price, Ph.D., Major General, U.S. Army Retired, said. "This important legislation will help reduce the flow of drugs such as fentanyl, as well as other contraband, into prisons, while still allowing inmates to receive their mail. This legislation protects inmates, guards and prison staff from the risk of exposure to fentanyl as well as the harms related to intoxication and overdose."

Senator Casey has long pushed to keep inmates and staff at federal prisons safe. In 2019, Casey championed a pilot program to curb the influx of synthetic drugs trough prisoner mail at U.S. Penitentiary Canaan (USP Canaan). Casey has also worked to improve working conditions for BOP staff. In February, Casey introduced the Pay Our Correctional Officers Fairly Actto ensure that BOP employees are paid fairly-especially in rural areas. The legislation would address staffing shortages by allowing for competitive pay that reflects the cost of living, commute times, alternative careers, and the hard work and dedication of BOP employees. In 2016, after the brutal murder of USP Canaan Corrections officer Eric Williams by an inmate Casey sponsored the bipartisanEric Williams Correctional Officer Protection Act, requiring BOP to provide pepper spray to all correctional workers in medium and high security facilities.

"This legislation addresses the urgent need to protect federal employees from the growing crisis of workplace overdoses, with mail being the primary source of fentanyl entering federal prisons. At Thomson Federal Prison, in the last 30 days, three staff members have required Narcan administration and hospitalization due to exposure," said Jon Zumkehr, President, AFGE 4070.

Casey has consistently fought to resolve the prevailing understaffing issue in prisons. In April 2019, Casey raised concerns to Attorney General William Barr about BOP's risky staffing practices, including hiring an insufficient number of correctional officers and the use of staff augmentation, using employees such as nurses and teachers to guard inmates. Moreover, in April 2023, Casey urged the Subcommittee on Commerce, Justice, Science, and Related Agencies to include increased funding in the Fiscal Year 2024 government spending bill to maintain the 122 federal prisons across the country and to improve their number of hires and retention rate.

"The R Street Institute is happy to endorse the Interdiction of Fentanyl at the Federal Prisons Act, and we applaud Senators Bob Casey and Martin Heinrich for his leadership and collaborative approach to addressing this important issue. With understaffing rampant in our nation's prisons, this bill will allow for a better allocation of human resources with the added potential of saving taxpayers $50-100 million annually. Not only is this a smart policy change, but it embraces technology and innovation to more effectively intercept and reduce the supply of fentanyl in our federal prisons," said Anthony Lamorena, Senior Federal Affairs Manager at the R Street Institute

Senator Casey has been traveling around Pennsylvania?meeting with law enforcement?and?families of victims of fentanyl overdoses?as he?pushed for passage?of the?FEND Off Fentanyl Actand continues to push for passage of his Stop Fentanyl at the Border Act. Casey's bill would increase staffing and technology to detect and stop the flow of fentanyl coming across the southwest border. It would enable U.S. Customs and Border Protection (CBP) to hire more Officers and Border Patrol Agents as well as provide funding to purchase Non-Intrusive Inspection systems, which scan vehicles and cargo at the border to provide detailed images of their interiors, and create an inspection program to increase seizure of firearms, which Mexican cartels frequently purchase in the United States and use to support their fentanyl production operations and other violent criminal enterprises.

In July, Senator Casey applauded the Senate passage of the Preventing the Financing of Illegal Synthetic Drugs Act, a bill that will direct the U.S. Government Accountability Office (GAO) to investigate how transnational criminal organizations finance synthetic drug trafficking and help the federal government target them more effectively. In August, Casey led his colleagues in introducing the bipartisan Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains (FIGHTING) for America Act to help CBP prevent fentanyl from entering the country undetected.

This legislation is endorsed by the Fraternal Order of Police (FOP), R Street Institute, National Association of Police Organizations, National District Attorneys Associations, Community Anti-Drug Coalitions of America, and Voices of JOE.

Read more about the Interdiction of Fentanyl at Federal Prisons Acthere.

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