Shift from Punishment to Treatment Approach

Introductory Paragraph

Evidence shows that addiction is a treatable disease of the brain, however many individuals do not receive treatment and as a result they end up involved in the criminal justice system from illegal drug-seeking behavior.

More than half of the prison population in the United States, about 65%, is estimated to have an active substance use disorder. About 20 % who did not fully meet the criteria for a substance use disorder were under the influence of substances at the time of their arrest. Many of the individuals in prison for drug-related offenses and even those for other crimes, are not receiving treatment and have a high risk of reoffending once released. Failure to provide adequate and high-quality substance use treatment is not only detrimental to the individuals who are incarcerated but also has negative implications for their families, society, and the economy. Recent data shows a significant correlation between criminal justice involvement and substance use, highlighting the importance of identifying a different approach to the problem.

Offering treatment to individuals with a substance use disorder should be a priority according to decades of the impact treatment has on an individual’s quality of life, reduced likelihood of recidivism, and future relapse. The National Institute on Drug Abuse has increased its efforts to find solutions and support to those who work within the court system, social workers, and counselors who provide services to individuals involved in the criminal justice system due to drug use .

Treating those with substance use disorders and illegal behavior helps decrease substance abuse ongoing as well as provides the opportunity to reduce associated criminal tendencies. There are evidence-based strategies that play a role in transforming traditional punishment-based approaches that may be used within the criminal justice system. Moving from a punishment to treatment approach improves both public health and public safety while decreasing rates of future incarceration.

Key Information

"Opioid use disorders are highly prevalent among criminal justice populations. According to data from the U.S. Department of Justice, approximately half of state and federal prisoners meet criteria for substance use disorder."

Once incarcerated for drug-related crimes, people with substance use disorders have an extremely high risk of using substances and reoffending once released. This has substantial impacts on the economy, the criminal justice system, and the individuals living with this substance use disorder. Not only does this cycle cost taxpayers billions each year, but it also does not adequately provide the individuals with the resources they need in order to treat their addiction and break the vicious cycle. These individuals are more likely to commit crimes at a higher rate once released from prison when compared to those who are not using substances

One option that seems promising is providing drug treatment inside the prisons and jails while the offenders are incarcerated. Since the 1990’s researchers have discovered highly effective interventions that can be implemented while offenders are incarcerated and after they are released

A critical component of this approach is adequate prerelease and post-release counseling and support in order to reduce detrimental impacts of individuals returning to their previous stressful home-life, environments, and negative peer influences. Lack of access to treatment upon release increases the likelihood of relapse and death due to overdose due to the changes in an individual’s tolerance after being incarcerated.

Common treatments for substance use/Opioid addition include these proven evidence-based approaches:

• behavioral counseling
• medication assisted treatment approach (MAT)
• evaluation and treatment for co-occurring mental health issues such as depression and anxiety long-term follow-up to prevent relapse

Relevant Research

Treating Drug Abuse and Addiction in the Criminal Justice System: Improving Public Health and Safety

Impactful Federal, State, and Local Policies

American Legislative Exchange Council 2021 Report including Criminal Justice Reform including Connecticut enacted sentencing and drug-free zoning reform modeled after the ALEC model policy Resolution on Drug-Free Zones, as well as juvenile justice reform modeled after the ALEC model policy Resolution in Support of Establishing a Minimum Age of Delinquency Adjudication of at Least 10-Years-Old.

In the Fall of 2020, Oregon has passed a new groundbreaking and pioneering drug law that decriminalized the possession of small amounts of illegal substances. “Measure 110” expanded funding and access to addiction treatment using tax revenue from expected savings that are a direct result of reduced arrests and incarceration. One downside to this new approach is the impact it may have on the medical community. The potential risk of overdose caused by the new law may, over time, leave the healthcare system with little to no resources in place needed to receive increased overdose patients. Nonetheless, the radical change in the way law enforcement handles possession of substances in Oregon may be a stepping stone to finding alternatives to incarceration. Many times, the only way to receive treatment for substance use treatment is by being arrested or coming into contact with the criminal justice system, having detrimental impacts on an individual’s life and ability to hold employment. Measure 110 has offered another pathway by treating possession like a traffic ticket and opening the door to treatment instead of incarceration .

Available Tools and Resources

Safe Solutions Strategy Prioritize SUD Treatment Over Incarceration

Promising Practices

Buffalo, New York- An innovative triage approach called Buffalo Opioid Court, reduced the risk of overdose deaths and substance use by providing funding for court staff and treatment programs such as addiction counseling and medical interventions. The court staff has the ability to deploy a Rapid Integration Team that connects individuals with immediate treatment, assessment, and access to a licensed professional counselor

Video: Reforming Criminal Justice to Help Inmates Live a Life of Dignity, not Dependency