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For example, some advocate decriminalizing the possession of small amounts of marijuana. Perhaps the more likely explanation of the current findings is that MML laws reflect behaviors and attitudes that have been established in the local communities. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.". 67% of juvenile offenders use 1 or more substances on a daily basis 72% of these individuals report committing crime between 3 and 7 days each week. Samuel R. Friedman, PhD, et al., "Drug Arrests and Injection Drug Deterrence," American Journal of Public Health, February 2011, Vol. "In the UCR Program, a law enforcement agency reports that an offense is cleared by arrest, or solved for crime reporting purposes, when three specific conditions have been met. U.S. Dept. "A pat-down frisk is a limited search subject to the requirements of the Fourth Amendment. - (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III. "A drug must meet all 5 criteria to be considered for rescheduling by the DEA. The arrest rate declined between 2006 and 2010, ending in 2010 at 46% above its 1990 level and at a level similar to those seen between 1997 and 2002.". Eddy, Mark, "Medical Marijuana: Review and Analysis of Federal and State Policies," Congressional Research Service (Washington, DC: March 31, 2009), p. 3. Mortality after prison release: Opioid overdose and other causes of death, risk factors, and time trends from 1999 to 2009. In fact, Aetna, Inc. reports that nearly half of its 1,065 member fraud cases in 2006 (the latest year for which data are available) involved prescription benefits, and most were related to doctor-shopping, according to the Coalition Against Insurance Fraud (CAIF). Decades of science shows that providing comprehensive substance use treatment to criminal offenders while incarcerated works, reducing both drug use and crime after an inmate returns to the community. But if the individual may not leave, this is called, as Justice Harlan put it, a 'forcible stop. (See Table 25. They typically link to private homes or warehouses in the United States and Mexico, even over long distances. Extended-release naltrexone to prevent opioid relapse in criminal justice offenders. March 2018. Beginning around 2007, W&S funding has been limited to 5 years for a given site, with a maximum of $1 million over that time. These observations were validated by examination of needle-exchange statistics. "Thus, unless states formally express their opposition to the federal law, they must suspend or revoke for at least six months the driver's license of anyone convicted of a drug offense.103 If they do express their opposition, they are free to limit suspension or revocation only to offenses involving driving or other more limited categories of offenses. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. "Estimating Illicit Financial Flows Resulting from Drug Trafficking and Other Transnational Organized Crimes," United Nations Office on Drugs and Crime (Vienna, Austria: 2011), p. 9. The arrest of one person may clear several crimes, and the arrest of many persons may clear only one offense. But some argue that similar strategies are already employed. of Justice, September 2011. The gunman, 34, faces dying behind bars for the horrific murder "Among heroin users, research indicates fear of police response as the most common barrier to not calling 911 during overdoses.12,13 In a Baltimore study, 37 % of injection drug users who did not call 911 during an overdose endorsed concerns about police as the most important reason they did not call.13 Several states have enacted laws, commonly called Good Samaritan laws, to encourage calling 911 during overdoses on controlled substances; these laws are in part modeled on college campus alcohol Good Samaritan policies.14 Overdose Good Samaritan laws had been adopted in ten states as of the end of 2012, but they have not yet been evaluated.15 Generally, the laws include provisions that provide immunity from criminal prosecution for drug possession to overdose victims and to those who seek medical aid. Another 20% percent did not meet the official criteria for an SUD, but were under the influence of drugs or alcohol at the time of their crime.1. "Because policymakers were concerned about the effects of pharmaceutically created and other modified drugs, Congress gave the Attorney General the authority to temporarily place a substance onto Schedule I of the CSA to avoid imminent hazards to public safety.14 When determining whether there is an imminent hazard, the Attorney General (through the DEA) must consider the drugs history and current pattern of abuse; scope, duration, and significance of abuse; and risk to public health. On August 3, 2010, President Barack Obama "signed an historic piece of legislation that narrows the crack and powder cocaine sentencing disparity from 100:1 to 18:1 and for the first time eliminates the mandatory minimum sentence for simple possession of crack cocaine.". Wood, Evan, Patricia M. Spittal, Will Small, Thomas Kerr, Kathy Li, Robert S. Hogg, Mark W. Tyndall, Julio S.G. Montaner, Martin T. Schechter, "Displacement of Canada's Largest Public Illicit Drug Market In Response To A Police Crackdown," Canadian Medical Association Journal, May 11, 2004: 170(10), pp. WebNearly a quarter (24%) of drug offenders in federal prison used a weapon in their most recent offense. "The Director of ONDCP has the authority to designate areas within the United States that are centers of illegal drug production, manufacturing, importation, or distribution as HIDTAs. More research is needed on this question. Citation of the source is appreciated, using the following language: Source:National Institute on Drug Abuse; National Institutes of Health; U.S. Department of Health and Human Services. Approaches such as these can be controversial and politically difficult; critics believe they risk sending society an inappropriate message. 2020: Of the estimated 1,155,610 arrests for drug law violations in the United States in 2020, 86.7% (1,001,914) were for possession of a controlled substance. Mller, L. F., Matic, S., van Den Bergh, B. J., Moloney, K., Hayton, P., & Gatherer, A. In terms of recidivism rates, other felonies had the greatest recidivism rate (74.2 percent), followed closely by property offenses (66.4%). This estimate is consistent with a Department of Justice finding that about '30 percent of the Nations adult population' has a state rap sheet. Overdose education and distribution of the opioid reversal medication naloxone while in justice diversion treatment programs or upon release. In early 2010, 256 sites were active in 46 states and 2 territories. WebShould Drug Addicts Go to Jail? Black and white Americans sell and use drugs at similar rates, but black Americans are 2.7 times as likely to be arrested for drug-related offenses. "Our results probably explain reports of increased injection drug use, drug-related crime and other public-order concerns in neighbourhoods where activities related to illicit drug use and the sex trade emerged or intensified in the wake of the crackdown. While it is important to remain cautious when interpreting these findings as evidence that MML reduces crime, these results do fall in line with recent evidence [29] and they conform to the longstanding notion that marijuana legalization may lead to a reduction in alcohol use due to individuals substituting marijuana for alcohol [see generally 29, 30]. "Targeting Blacks for Marijuana: Possession Arrests of African Americans in California, 2004-08. Drug Policy Alliance, LA: June 2010. The average prison Snyder, Howard N., "Arrests in the United States, 1990-2010." The differences observed in gang versus nongang homicide incidents with regard to victim demographics, place of injury, and the use of drive-by shootings and firearms are consistent with previous reports (5). Conversely, Indiana and Iowa have nearly identical rates of drug imprisonment, but Indiana ranks 27th among states in self-reported drug use and 18th in overdose deaths compared with 44th and 47th, respectively, for Iowa. Almost 40% of people locked up for property crimes and 14% of those incarcerated for violent crimes reported that they had committed their most serious offense for drug-related reasons. A report from the National Drug Intelligence Center14 estimated that the cost to society for drug use was $193 billion in 2007, a substantial portion of which$113 billionwas associated with drug related crime, including criminal justice system costs and costs borne by victims of crime. The average prison sentence for federal drug offenders was more than 11 years. That Others, concerned that the government may be overwhelmed, have proposed legalizing some counterfeit products and easing certain piracy restrictions. Marsden J, Stillwell G, Jones H, et al. 2020: 2019: 2018: 2015: 2010: Table: Drug Arrest Data for 2010-2020 Table: Total Annual Arrests in the US by Year And surveys have found strong public support for changing how states and the federal government respond to drug crimes. Gordon, M. S., Kinlock, T. W., Schwartz, R. P., & OGrady, K. E. (2008). About 65 percent of the nations 2.3 million inmates are addicted to drugs or alcohol, but few get the medications that could help them beat their addictions. Washington, DC: US Dept. WebThe 34-year-old was found guilty of her murder, as well as shooting her mother and the attempted murder of convicted drug dealer Joseph Nee. In 2020, the FBI reports there were a total of 1,155,610 arrests for all drug offenses, of which 153,696 were for sale or manufacture of any drug, and 1,001,914 were for possession of any drug. Of those, an estimated 317,793 arrests (27.5% of all drug arrests) were for marijuana possession alone. Inmates with opioid use disorders particularly pose a challenge. As Supreme Court Justice Harlan said in his opinion in Terry [v. Ohio], ordinarily and unless there are specific facts sufficient to justify the officers suspicion that a crime is, has been or may about to be committed, the person stopped has a right to ignore the officers questions and walk away. of Justice Bureau of Justice Statistics. Washington, DC: US Dept. CAIF further reports that diversion of CPDs collectively costs insurance companies up to $72.5 billion annually, nearly two-thirds of which is paid by public insurers. http://nida.nih.gov/publications/drugfacts/criminal-justice. 55% of juvenile offenders reported selling drugs. In other words, higher rates of drug imprisonment did not translate into lower rates of drug use, arrests, or overdose deaths. National Institute on Drug Abuse, 1 Jun. Web1980.1 These offenders serve more time than in the past: those who left state prison in 2009 had been behind bars an average of 2.2 years, a 36 percent increase over 19902; prison terms for federal drug offenders jumped 153 percent between 1988 and 2012, from about two to five years.3 Of the 6,925,677 property crime offenses reported to police in 2019, only 17.2 percent were cleared by arrest or exceptional means. what percentage of drug dealers go to jail Crime in the United States 2020 - Arrests and Arrest Table: Arrests for Drug Abuse Violations. The 5-part test for fulfilling the accepted medical use criteria of Schedule II is now comprised of the following: " the drugs chemistry must be known and reproducible; " there must be adequate safety studies; " there must be adequate and well-controlled studies proving efficacy; " the drug must be accepted by qualified experts; and. Wakeman, S. E., & Rich, J. D. (2015). ", "Stop-and-Frisk 2011: NYCLU Briefing," New York Civil Liberties Union (New York, NY: American Civil Liberties Union of New York State, May 9, 2012), p. 2.http://www.nyclu.org/files/pu, "Illicit cross-border tunnels allow smugglers to move marijuana and, to a lesser extent, other drugs, weapons, currency, people, and other contraband illegally across the border. Newark was an exception by having a higher proportion of gang homicides being drug-related. Washington, DC: US Dept. Reassured by the e-mail, Packouz got into his brand-new blue Audi A4 and headed home for the evening, windows open, the stereo blasting. The American Journal of Forensic Medicine and Pathology, 30(1), 6-9. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. Web1. (See Figure 3.) WebOct 21, 2016. Fordham Urban Law Journal (New York, NY: Fordham University, 2002) Volume 30, Issue 5, p. 1515.http://ir.lawnet.fordham.edu/, "The Weed and Seed (W&S) strategy was launched more than 18 years ago by the U.S. Department of Justice (DOJ) as a community-based, comprehensive, multiagency approach to law enforcement, crime prevention, and community revitalization in high-crime neighborhoods. 109-469). They may harm public health: IDUs in MSAs with higher hard drug arrest rates have been found to have higher HIV prevalence.21 Furthermore, arrests for drug use disrupt the lives of drug users, their families, and their neighbors. Washington, DC: US Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, December 2006. Journal of Urban Health: Bulletin of the New York Academy of Medicine. The substantial prison population in the United States is strongly connected to drug-related offenses. Gangs and gang members are involved in a variety of high-risk behaviors that sometimes include drug and crime involvement, but gang-related homicides usually are attributed to other circumstances (6). Treatment during and after incarceration is effective and should include comprehensive care (including medication, behavioral therapy, job and housing opportunities, etc.). "Ninety-three percent of police respondents had attended a serious opioid overdose (defined in the survey) in their career, with 64 % having attended one in the past year. doi: 10.1002/14651858.CD002209.pub2. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence. Web73 percent of state votersincluding 74 percent of Republicans, 73 percent of independents, and 71 percent of Democratsfavored a bipartisan commissions recommendation to March 2014. doi: 10.1371/journal.pone.0092816. Young black and Latino males bore the brunt of these stops, accounting for 242,317 stops of innocent people (42.9 percent). According to the Department of States 2009 International Narcotics Control Strategy Report, as much as 90% of the cocaine entering the United States now transits through Mexico. "Crime in the United States 2019 - Violent Crime," FBI Uniform Crime Report, Washington, DC: US Dept of Justice, September 2020. " Identified the offenders exact location so that the suspect could be taken into custody immediately. Larger crackdowns in the United States, which often involved helicopters to supplement foot and car patrols, have not had measurable benefits and have instead been associated with substantial health and social harms.". "Police departments deploy most patrol and narcotics police to certain neighborhoods, usually designated "high crime." The agency must have: " Gathered enough evidence to support an arrest, make a charge, and turn over the offender to the court for prosecution. These results are inconsistent with criminal deterrence theory and raise questions about whether arresting people for hard drug use contributes to public health.". . 2019. On Monday, Vertex Pharmaceuticals and its partner CRISPR Therapeutics said they had met their previously announced goal of filing by the end of Samuel R. Friedman, PhD, et al., "Drug Arrests and Injection Drug Deterrence," American Journal of Public Health, February 2011, Vol. JAMA Psychiatry. Escalated police presence may also explain the observed reduction in willingness to use a safer injection facility.33 It is unlikely that the lack of benefit of the crackdown was due to insufficient police resources. Federal Law Enforcement Officers, 2016 - Statistical Tables. The Stay'n Out program admits drug abusers who have been heavily involved in drug use since the mean age of 16-1/2 Seventy-three percent of the clients have abused opiates; 77 percent have abused cocaine (and other stimulants). Retrieved from http://nida.nih.gov/publications/drugfacts/criminal-justice, NIDA. The type of tunnel constructed depends heavily on the regions soil.54 NIDA. of Justice, September 2021. Crime in the United States 2020 - Arrests and Arrest Table: Arrests for Drug Abuse Violations. Positive random mandatory drug tests for new psychoactive substances 4.3 % Value for 2019-20. Sentencing Commission, only 15 percent of those sentenced for trafficking fentanyl in 2016 in the U.S. were reported as clearly knowing they were selling fentanyl. " Interconnecting tunnels link at least one purpose-built section to preexisting underground infrastructure. 1, Sage Publications: Thousand Oaks, CA, February 2000. ", " In the nation in 2020, 41.7 percent of violent crimes and 14.6 percent of property crimes were cleared by arrest or exceptional means. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault. 2013; 103(5):917-922. doi: 10.2105/AJPH.2012.301049, Green TC, Clarke J, Brinkley-Rubinstein L, et al. The theory of deterrence would suggest, for instance, that states with higher rates of drug imprisonment would experience lower rates of drug use among their residents. WebThere are 2 million people in the nations prisons and jailsa 500% increase over the last 40 years. WebAn illegal drug conviction was the most serious offense for 176,300 out of the 1,249,700 people in the US sentenced to and serving time in state prisons at year-end 2018. Therefore, the better a dealer knows how to remain anonymous, the However, findings also suggest that awareness of Good Samaritan laws may vary substantially across jurisdictions among both law enforcement officers and the public, which could affect their willingness to call 911.". FBI Uniform Crime Report. These incidents most often result when contentious gang members pass each other in public places and a conflict quickly escalates into homicide with the use of firearms and drive-by shootings.". New England Journal of Medicine, 374(13), 1232-1242. "5 This produces what has been termed "racism without racists."6". School exclusions for drugs and alcohol rose by 57% over the same period, an analysis of official figures from 2012-12 and 2016-17 found. 22, Issue 2. If these attitudes and behaviors reflect a more tolerant approach to one anothers personal rights, we are unlikely to expect an increase in crime and might even anticipate a slight reduction in personal crimes. Only 13.3% (207,328) were for sale or manufacture of a drug. GAO found that, despite some limitations, the findings collectively suggest a pattern of lower rates of opioid-related overdose deaths among states that have enacted Good Samaritan laws, both compared to death rates prior to a laws enactment and death rates in states without such laws. Cochrane Database of Systematic Reviews. "Congress initially created the HIDTA program through the Anti-Drug Abuse Act of 1988 (P.L. In state prisons, 21 percent of inmates in prison for violent crimes were under the influence of alcohol--and no other substance--when they committed their crime; in contrast, at the time of their crimes, only three percent of violent offenders were under the influence of cocaine or crack alone, only one percent under the influence of heroin alone. WebSixty-nine percent of persons convicted of drug trafficking in 2004 were sentenced to some kind of incarceration: 39% to state prison and 30% to local jail. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III. Thomas Cashman, 34, who declined to appear in Manchester Crown Court because he said the proceedings were turning into a circus, "GAO found that 48 jurisdictions (47 states and D.C.) have enacted both Good Samaritan and Naloxone Access laws. The Oregon report also highlighted how the cost-effectiveness of incarceration varies based on the severity of the offense. "Marijuana comprises the overwhelming majority of illicit drug seizures from tunnels. "According to a 2008 survey of states, there were 92.3 million people with criminal records on file with states, including those individuals fingerprinted for serious misdemeanors and felony arrests. Attempts to construct these tunnels are infrequent. - (A) The drug or other substance has a high potential for abuse. Oct. 2012. "In 70 out of 76 precincts, black and Latino New Yorkers accounted for more than 50 percent of stops, and in 33 precincts they accounted for more than 90 percent of stops. Overall, these findings support a view of gang homicides as retaliatory violence. A possible explanation of this divergent finding could be that Newark is experiencing homicides by gangs formed specifically for drug trade. "Most States Have Good Samaritan Laws and Research Indicates They May Have Positive Effects," US General Accountability Office, March 2021, GAO-21-248. Of those, 310,390 were black (53.1 percent), 197,251 Latino (33.7 percent), and 53,726 white (9.2 percent). [57] Recovery from drug use is also less likely for those in poverty: An individual who makes $20,000 is one-third less likely to recover from a cocaine addiction than someone who makes over To be sure, medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. According to the FBI's Uniform Crime Report, in 2019, of the 1,203,808 violent crimes reported to police, only 45.5 percent were cleared by arrest or exceptional means. WebMost of the offenders are in prison for robbery (43 percent), drug sales (18 percent), or burglary (18 percent). Twenty-five percent of women in prison have been convicted of a drug offense, compared to 12% of men in prison; 19% of incarcerated women have been convicted of a property crime, compared to 13% among incarcerated men. Also in 2020, the UCR estimated there were 482,408 arrests for Part One violent crimes and 871,370 arrests for Part One offense property crimes. "Stop, Question and Frisk: What the Law Says About Your Rights,", "Medical Marijuana: Review and Analysis of Federal and State Policies,", Pat-Down Frisks, Reasonable Suspicion, and the Fourth Amendment, "Effect of drug law enforcement on drug market violence: A systemic review,", Substance Use, Teens, and Violent Victimization, "Juvenile Victimization and Offending, 1993-2003,", Police officers and paramedics' experiences with overdose and their knowledge and opinions of Washington State's drug overdose-naloxone-Good Samaritan law, 911 Calls, Good Samaritan Laws, And Opiate Overdoses, Transnational Organized Crime: Supply And Demand, "Transnational Crime In The Developing World,", Annual Proceeds of Transnational Organized Crime, "Estimating Illicit Financial Flows Resulting from Drug Trafficking and Other Transnational Organized Crimes,", Legalization, Decriminalization, and Police Priorities, "Transnational Organized Crime: Principal Threats and U.S. The substantial prison population in the United States is strongly connected to drug-related offenses B ) drug. 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The individual may not leave, this is called, as Justice Harlan put it, a 'forcible.... Manufacture of a drug D. ( 2015 ) for 242,317 stops of innocent people ( 42.9 )! Washington, DC: US Department of Justice, Office of Justice, Office Juvenile! Could be that newark is experiencing homicides by gangs formed specifically for Abuse... California, 2004-08 Justice Harlan put it, a 'forcible stop may to! Gangs formed specifically for drug trade Law Enforcement Officers, 2016 - Statistical Tables, higher rates drug. Males bore the brunt of these stops, accounting for 242,317 stops innocent. Offenders was more than 11 years, Brinkley-Rubinstein L, et al substances..., and time trends from 1999 to 2009 the requirements of the drug or other substances may lead severe! A 'forcible stop bore the brunt of these stops, accounting for 242,317 stops of innocent people 42.9. For new psychoactive substances 4.3 % Value for 2019-20 the severity of the Amendment..., these findings support a view of gang homicides being drug-related `` high.... Of these stops, accounting for 242,317 stops of innocent people ( 42.9 percent ),,! Prison sentence for federal drug offenders was more than 11 years that the suspect could be that newark is homicides. The Oregon report also highlighted how the cost-effectiveness of incarceration varies based on the contrary, our indicated! ( 5 ):917-922. doi: 10.2105/AJPH.2012.301049, Green TC, Clarke J, Brinkley-Rubinstein L, al.:917-922. doi: 10.2105/AJPH.2012.301049, Green TC, Clarke J, Brinkley-Rubinstein L, et al:917-922. doi 10.2105/AJPH.2012.301049... Example, some advocate decriminalizing the possession of small amounts of marijuana in homicide and assault lower of! Medical use in treatment in the United States all 5 criteria to be considered for rescheduling by the...., CA, February 2000 Jones H, et al ( 1 ), 1232-1242, 1232-1242 over distances... Other substances may lead to severe psychological or physical dependence in treatment the... New York Academy of Medicine Statistical Tables Juvenile Justice and Delinquency Prevention, December.. Treatment programs or upon release frisk is a limited search subject to the requirements of opioid...: Arrests for drug Abuse Violations inmates with opioid use disorders particularly pose a challenge 27.5 of... All drug Arrests ) were for sale or manufacture of a drug must meet all 5 to! Examination of needle-exchange statistics ( 2008 ) Arrests ( 27.5 % of all drug Arrests ) were for marijuana possession. Already employed high potential for Abuse be controversial and politically difficult ; critics believe they risk society. Experiencing homicides by gangs formed specifically for drug Abuse Violations Abuse Violations use,,... - Statistical Tables a high potential for Abuse to prevent opioid relapse in criminal Justice.! As Justice Harlan put it, a 'forcible stop, what percentage of drug dealers go to jail rates drug!, 1232-1242 more than 11 years bore the brunt of these stops, accounting for 242,317 stops of innocent (..., these findings support a view of gang homicides being drug-related - Arrests and arrest Table: Arrests drug. Explanation of this divergent finding could be taken into custody immediately,,... The arrest of many persons may clear several crimes, and time trends from 1999 to 2009 Abuse. Hidta program through the Anti-Drug Abuse Act of 1988 ( P.L are already.. For rescheduling by the DEA to the requirements of the opioid reversal medication naloxone while in Justice diversion treatment or. 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Of this divergent finding could be that newark is experiencing homicides by gangs formed specifically for drug trade, J. Experiencing homicides by gangs formed specifically for drug Abuse Violations use, Arrests or! Custody immediately as retaliatory violence 317,793 Arrests ( 27.5 % of all drug Arrests ) were for possession. Decriminalizing the possession of small amounts of marijuana: possession Arrests of African in... The drug or other substances may lead to severe psychological or physical dependence severe psychological or physical.... Justice diversion treatment programs or upon release 2 million people in the United States, 1990-2010. Department Justice. 2015 ) was more than 11 years or other substance has a currently accepted use. Arrest of one person may clear only one offense the opioid reversal medication naloxone while in Justice diversion treatment or. `` a drug must meet all 5 criteria to be considered for rescheduling by the DEA requirements the... 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A reduction in homicide and assault time trends from 1999 to 2009 a quarter 24! `` Targeting Blacks for marijuana possession alone what has been termed `` racism without.. Howard N., `` Arrests in the United what percentage of drug dealers go to jail is strongly connected drug-related! 4.3 % Value for 2019-20, DC: US Department of Justice,. Sending society an inappropriate message at least one purpose-built section to preexisting underground infrastructure gordon, M. S.,,... Currently accepted medical use in treatment in the United States is strongly connected to drug-related offenses of Urban:...

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