The simple idea that could transform US criminal justice

The newly-elected district attorney in Maine, Natasha Irving, has started implementing restorative justice practices into the area’s criminal justice system. The use of restorative justice in this case includes offering mental health and substance abuse treatment, amongst other supportive services, and using prison as a last resort. There has been some pushback from law enforcement, but a willingness to try the new approach aimed at reducing recidivism in the region.

In a conservative upstate town in New York, an early advocate of what is now known as restorative justice pioneered the idea of finding alternatives to incarceration that address root causes of crimes and offer victims larger roles in the process. He did this by engaging different people across law enforcement, the community and social services. That built broad support, but the programs have struggled to maintain these innovations or make them permanent after the departure of the visionary founder.

Mental health courts divert people with mental illness from prison into community-based programs with treatment, counseling, and court supervision. These programs graduate around 50% of participants, reduce recidivism, and have saved counties an estimated $485 million in avoided incarceration costs over 15 years.

The Defender Association of Philadelphia practices community-oriented public defense — also known as "holistic defense" — to connect clients with support services and resources that help address the root causes of crimes. The association works with social workers, investigators, and paralegals to get clients access to housing, food, jobs, and healthcare, as well as mental health and substance use treatment, with more than 150 people referred to treatment providers between September 2016 and January 2017.

Tucson’s Drug Treatment Alternative to Prison program, or DTAP, offers intensive treatment and recovery services to certain people convicted of nonviolent offenses as an alternative to serving a sentence behind bars. Participants also receive support and counseling around job and life skills, transportation, and other critical needs, and at least 119 people have successfully completed the program since 2011.

The Cheshire County Restorative Justice Program works to take low-level defendants, accused of things like shoplifting or alcohol violations out of court and into an alternative process, sparing them criminal records that would later weigh them down. The program’s goal is to push the legal system toward restorative justice, reimagining its traditional processes.

Bangor drug court in Maine has turned to the use of Zoom to keep in contact with program participants during the Covid-19 pandemic. Although meeting via video call can disguise some physical symptoms of drug use, this new process has so far seen success with all participants still enrolled and one even graduating from the program.

In Boone County, Missouri the Habilitation Empowerment Accountability Therapy (HEAT) program offers young men an alternative to incarceration for drug-related offenses. The program works primarily with black men, many of whom bring issues of childhood and generational trauma, to work together toward their treatment plans, finding employment, and behavioral therapy. Fundamental to all of HEAT’s programming is the consideration of underlying factors like education, exposure to violence, and socioeconomic forces.

In such a divided country, many groups from lawmakers to advocacy groups are finding rare bipartisan cooperation around the issue of criminal justice reform. Two congressional representatives, one Republican and one Democrat, have found common ground, as well as the Justice Action Network, which forms bipartisan coalitions, one of which was instrumental in passing the First Step Act.

Merging accountability with treatment promotes recovery for those charged with drug possession. In Franklin County, Ohio, the municipal court system operates a program called Helping Achieve Recovery Together. The court recovery program provides a two-year track for participants to receive mental health support from peers and the courts, with the goal of moving them from the criminal justice system and into treatment.