Prioritize SUD Treatment Over Incarceration

Introductory Paragraph

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 .

Impactful Federal, State, and Local Policies

In 2021, the Federal Government introduced the bipartisan “Residential Substance Use Disorder Treatment Act” that expanded access to substance use treatment in jails and prisons within the United States. This bill also expanded access to treatment within the communities after offenders were released. This may be a step in the right direction for one day providing treatment in place of incarceration. One major improvement is the government’s acknowledgment of how important it is to resolve addiction through the use of treatment and medication in efforts to stop the revolving door pattern associated with substance use and incarceration .

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 . The Adult Drug Court Grant Program, part of The Department of Justice, provides financial assistance to states, local courts and government, and federally recognized Indian tribal governments to integrate substance abuse treatment, drug testing, incentives, and sanctions in judicially supervised settings with the intent to reduce recidivism and substance use among offenders .

Available Tools and Resources

Lines for Life - Oregon This is a 24/7 helpline that is dedicated to preventing substance use and suicide. They provide free and confidential drug-prevention education and treatment referral services.

Addiction Recovery Center hotline- Oregon: 503-575-3769 This hotline is open 24/7 and provides assessments, care planning, links to services, and connects callers with crisis care and emergency care if needed.

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

Clayton County, GA – The Adult Felony Drug Court Program is an 18 to 24-month program that gives nonviolent drug offenders with a substance use disorder the chance to avoid incarceration and starting over and getting help .