For example,  definitions may include the penalties and disadvantages contained in laws  and regulations of the federal and state governments; ordinances  established by local governments; and policies maintained by non- government organizations, such as private employers, schools, and  churches. Federal collateral consequences can serve various functions, such as  enhancing public safety or protecting government interests. The NICCC also identified which types of  criminal offense(s) can trigger these 1,171 collateral consequences, and  based on our review of these data, 641 (55 percent) may be imposed on  individuals with NVDC. In addition, the NICCC data that we reviewed  identified that these 641 collateral consequences can limit numerous  aspects of an individual’s life. Some Mechanisms Exist to Relieve or Mitigate Federal Collateral Consequences for Nonviolent Drug Convictions

		One in Five Federal Collateral Consequences for Nonviolent Drug Convictions Have Relief Specified in Laws or Regulations

Of the 641 federal collateral consequences for NVDC, we found that the  NICCC identified 131 (20 percent) as having a relief mechanism, as of  December 31, 2016. However, the law also includes a relief mechanism for this collateral  consequence, stating that individuals may resume eligibility for federal  education loans if they successfully complete a drug rehabilitation  program. Of the 641 federal collateral consequences for NVDC, we found that the  NICCC identified 510 (80 percent) that did not have a related law or  regulation that prescribed how a person could potentially obtain relief  from the collateral consequence, as of December 31, 2016. Thirteen stakeholders said that mitigating federal collateral consequences  could potentially reduce the likelihood that individuals with NVDC  reoffend. Some stakeholders cautioned that federal  action should strike the appropriate balance between preserving collateral  consequences that provide a public safety benefit, and addressing  consequences that can cause unnecessary burdens and potentially  increase the likelihood that individuals with NVDC reoffend. Appendix I: Objectives, Scope, and Methodology

This report addresses the following objectives: (1) What federal collateral  consequences can be imposed upon individuals with nonviolent drug  convictions (NVDC), (2) What mechanisms exist to relieve individuals  from federal collateral consequences for nonviolent drug convictions, and  (3) According to selected stakeholders, what actions, if any, could the  federal government consider to mitigate federal collateral consequences  for nonviolent drug convictions. To address our first objective, we obtained data on state and federal  collateral consequences from the American Bar Association’s (ABA)  National Inventory of the Collateral Consequences of Conviction  (NICCC). According to the act: “The term ‘collateral consequence’ means a  collateral sanction or a disqualification….The term ‘collateral sanction’  means a penalty, disability, or disadvantage, however denominated, that  is imposed by law as a result of an individual’s conviction for a felony,  misdemeanor, or other offense, but not as part of the judgment of the  court; and does not include a term of imprisonment, probation, parole,  supervised release, fine, assessment, forfeiture, restitution, or the costs of  prosecution….The term ‘disqualification’ means a penalty, disability, or  disadvantage, however denominated, that an administrative agency,  official, or a court in a civil proceeding is authorized, but not required, to  impose on an individual convicted of a felony, misdemeanor, or other  offense on grounds relating to the conviction.” Although some differences  exist between the definition of collateral consequences in the  Comprehensive Addiction and Recovery Act of 2016 and the definition  used by the NICCC, we determined that the definition used by the ABA’s  NICCC was appropriate for the purposes of describing federal collateral  consequences for NVDC and their characteristics. To address our second objective, we analyzed NICCC data; reviewed  relevant laws, regulations, and federal agency directives and guidance;  and interviewed selected federal officials and ABA staff. In addition, we asked about potential benefits and risks of  taking actions to mitigate these collateral consequences.
Why GAO Did This Study

In 2015, certain federal, state, and other law enforcement agencies made about 11 million arrests, according to the Department of Justice's Federal Bureau of Investigation. Individuals ultimately convicted of a crime may face federal or state collateral consequences. According to the ABA's NICCC, roughly 46,000 collateral consequences existed in federal and state laws and regulations, as of December 31, 2016. According to the ABA, collateral consequences have been a feature of the justice system since colonial times, but have become more pervasive in the past 20 years.
The Comprehensive Addiction and Recovery Act of 2016 included a provision for GAO to review collateral consequences for individuals with NVDC. This report identifies (1) collateral consequences in federal laws and regulations that can be imposed upon individuals with NVDC, (2) mechanisms that exist to relieve individuals from these collateral consequences, and (3) selected stakeholders' views on actions the federal government could consider to mitigate these collateral consequences.
GAO analyzed NICCC data as of December 31, 2016; reviewed relevant laws, regulations, and federal agency documents; and conducted interviews with ABA staff, selected federal officials, and 14 stakeholders. GAO selected stakeholders with relevant experience, among other factors. Selected stakeholders included leaders of organizations representing judges, victims of crime, and states, among others.

What GAO Found

Collateral consequences are the penalties and disadvantages that can be imposed upon an individual with a criminal conviction, in addition to those directly associated with a sentence (such as a fine, prison, or community service). GAO's review of the American Bar Association's (ABA) National Inventory of the Collateral Consequences of Conviction (NICCC) found that, in federal laws and regulations, there are 641 collateral consequences that can be triggered by nonviolent drug convictions (NVDC). For example, individuals with NVDC may be ineligible for certain professional licenses and federal housing assistance. The NICCC data that GAO reviewed indicate that these 641 collateral consequences can limit many aspects of an individual's life, such as employment, business licenses, education, and government benefits. In addition, GAO also found that the NICCC identified that 497 (78 percent) of the 641 collateral consequences can potentially last a lifetime.
Of the 641 federal collateral consequences for NVDC, GAO found that the NICCC identified 131 (20 percent) as having a relief mechanism in a related law or regulation that prescribed how an individual could potentially obtain relief from the consequence. For example, individuals may be relieved if they successfully complete a drug rehabilitation program or receive a pardon.
Thirteen of the 14 stakeholders GAO interviewed said the federal government should consider taking action to reduce the severity of (i.e., mitigate) federal collateral consequences for NVDC, such as conducting a comprehensive review of these collateral consequences and implementing a new relief mechanism. Additional mitigation could, according to some stakeholders, help individuals with NVDC obtain employment, housing, or education; and almost all the stakeholders said mitigation could potentially reduce the likelihood of reoffending. At the same time, federal collateral consequences can serve public safety functions and protect government interests. Some stakeholders cautioned that federal action should strike the appropriate balance between preserving collateral consequences that provide a public safety benefit, and addressing consequences that can cause unnecessary burdens and potentially increase the likelihood that individuals with NVDC reoffend.