The Path Forward: Decriminalizing addiction through diversion

Acting on a recognition that police and the criminal justice system are too involved in responses to mental health and substance abuse crises, UCHealth formed mental health response teams that partner with Fort Collins police on such calls. In about 80% of calls the teams handled, no arrests were made while people received treatment or were referred to needed services. This program plus one that diverts certain criminal cases into treatment, which can result in dismissal of charges, have built-in drawbacks but have begun de-emphasizing criminal-justice remedies when people need other help.

After San Joaquin County adopted a slew of criminal justice reforms, crime dropped by 20 percent, the lowest number in a decade. One of the things that was implemented were speciality courts aimed at decreasing arrest time and helping “former prisoners find jobs, housing and treatment for mental health and addiction problems.” Other measures include ending cash bail and racial bias training. “Crime has always been issue No. 1, but the narrative in this city is one about being a second chance city.”

When an individual has overdosed on opioids, there is a very limited amount of time to save their life which is why law enforcement officers in Green Bay, Wisconsin are now carrying Narcan nasal spray. “It’s a lifesaver,” says Green Bay Police Chief Andrew Smith. “I think just about probably everybody that we gave Narcan to would probably have died had we not been there to give them the Narcan.”

In an effort to promote health and wellness and reduce instances of officer misconduct, the Baltimore Police Departmenr launched a program in 2018 that connects officers with counseling, substance use treatment and other mental and physical health supports. Over the course of the program, more than 250 officers have signed themselves into a voluntary, confidential alcohol addiction program and been able to keep working.

One of the nation's first programs using police officers to get people into drug treatment instead of jail succeeded at first, and inspired other programs throughout New Mexico. But the original Santa Fe program now serves as a lesson in what can all but kill such a program, thanks to a leadership vacuum and mistakes that undercut the cultural change needed within a police department. Like the first program of its kind, in Seattle, Santa Fe's LEAD (Law Enforcement Assisted Diversion) program takes aim at people whose drug abuse deeply entangles them in the justice system when what they need is treatment.

Since 2018, Judge Jason Lidyard of Rio Arriba County, N.M., has forged a new model for a drug court. Instead of demanding abstinence from drugs as the price to stay out of jail, Lidyard uses respect and personal relationships to seek a redefinition of success: making substance abuse less deadly and less socially crippling. Violating the court's requirements to get treatment results in more help, not jail. The less punitive approach seemed to reduce overdoses until a new fentanyl surge complicated the picture. Almost all of the people who've gone through the court have avoided new felony arrests.

Eagle County's two problem-solving courts put treatment ahead of punishment when addressing crimes committed by people with substance abuse problems. Originally set up as one court, they now function separately to address drunken driving and drugs and serve people "teetering on the edge of serious prison time" for repeat offenses. More than 90 percent of participants in 2020 maintained sobriety and more than 80 percent avoided new legal troubles. While the threat of punishment is used to win compliance with rules, prosecutors say they're more interested in permanently curing the underlying disease.

People in two New Jersey counties who were at risk of abusing opioids while on parole were given extra support services, and an immediate trip to rehab instead of back to prison when they slipped up. The pilot program is New Jersey's version of Swift, Certain and Fair, a federally funded program to help people succeed while on parole. In some of the 30 states with SCF programs, copying the original and successful Hawaii model didn't work. But New Jersey's approach to helping people succeed instead of laying traps to send them back to prison was deemed a success with a small, focused pilot program.

Tucson Police Department's Substance Use Resource Team reaches out on the streets to people with substance-use disorder, offering them treatment instead of arrest and jail. The team is an extension of the department's mental health support team and was started in response to the opioid epidemic. Officers talk to people they find on the streets, or follow up on 911 calls for overdoses. Not everyone accepts the offered help, and some end up arrested on warrants. But, at a time of rising overdose deaths, the officers and the peer support specialists who accompany them often can get people into treatment.

Like standard drug courts, the Penobscot Nation's Healing to Wellness Court refers people facing drug-related criminal charges to substance abuse counseling as an alternative to punishment. But this court and other tribal wellness courts are steeped in indigenous customs, blended with restorative justice approaches, to emphasize rehabilitation based on trust, support, and native traditions. The threat of punishment looms over participants should they fail in their counseling program. But no one has been jailed in the past two years in the Penobscot program.