Rough Justice

Drug Court seemed like such a good idea when it came to my little corner of the world.

It took me, and a lot of other people-helper types, by surprise. Delaware County hasn't been known, to put it very mildly, for its enlightened attitudes toward issues of mental health and substance use disorders. But it was a start, right?

The fundamental concept behind Drug Court is that the court acts as a supercharged big brother, empowered to mandate everything from incarceration to rehab, utilizing an in-your-face approach in weekly sessions to make sure that participants are staying on the straight and narrow, as well as compliant with the treatment programs with which they are involved. 

Great idea, isn't it?

Sure, when everything goes smoothly. Which it rarely does in the world of substance use disorders. Then we end up with messes like this:

A 19 year old male is picked up with three of his friends in a parked car, smoking pot. A cop sees one of them throw a blunt out the window, and they are busted. The boy holding the stash gives it up, and the sharp District Attorney realizes that the way the pot is packaged, in little plastic envelopes or "dime bags" means that he can be charged with trafficking, even though the amount is minimal and there is absolutely no indication of any drug dealing going on.

The 19 year old is terrified; a trafficking charge is a felony and carries serious jail time. He doesn't want to go to jail. He pleads guilty to a felony in order to get into drug court and avoid jail time. 

Happy ending?  Not.

Anyone who has worked with young people, knows exactly what I am going to say next. Treatment of young adults is complicated. They struggle, they fail. They take two steps forward and one step back. 

But, you'd figure that a well-trained drug court with a addiction counselor as an advisor would know that and plan accordingly, right?

Wrong. Oh they cut him a couple of breaks, alright. But when that didn't work, the judge decided he had enough, and sent the boy to jail.

To the State Penitentiary at Graterford, for a year and a half.

Six months longer than the District Attorney asked for. 

So, the end result is a boy who is not even legal drinking age is doing a year and a half in a maximum security state prison for smoking pot with his buddies in a parked car.

Enlightened, isn't it?

A Disgrace

Image via Wikipedia

"The national data released today confirms that untreated alcohol and drug addiction remains at pandemic levels, with 23 million Americans suffering from the disease, approximately the same number that suffers from type 2 diabetes," said Victor Capoccia, director of the Closing the Addiction Treatment Gap initiative. "But you wouldn't know it from the way our country responds to the problem. Only one in ten Americans affected by addiction is treated, as opposed to four out of five people with diabetes." --Substance Abuse and Mental Health Services Administration (SAMHSA)

This can't be okay.

We have had "wars on drugs"; we have had "just say no"; we have had boot camps; we have had zero tolerance policies.

Not one of them, frankly, has been worth a damn. Like the man said, doing the same thing over and over and expecting a different result is a definition of insanity.

Let's try a little common sense.

1. Get serious about the fact that we are talking about a disease. Not bad habits or behavior. Not a lack of "will power". Note some personal weakness, but a disease. An illness. A malady. Like cancer. Like heart disease. Like schizophrenia. A disease.
2. Make treatment available on demand. No crap, no managed care nonsense, no nothing. If you ask for treatment you get it. Plus, let's look at some of the highly successful ways of getting someone into treatment, like intervention.
   
3. Let's redefine the role of the Criminal Justice System. Is there any other illness in which the courts take such an active interest? Criminal Behavior should be where the courts come in, and rightly so. We are all responsible for our actions, and have to face the consequences. But, let's not criminalize the fact of the illness itself. It does nothing more than to force the addict further underground into a subculture promoting ever more anti-social and deviant behavior. Someone commits a crime--robs a store, shoots someone over a drug deal or during a theft, then they deal with the law and accept fair punishment. But regardless, if drugs are at the heart of the crime, then treatment has to be a part of their rehabilitation. Somewhere along the line, we forgot that most of the people in jail are not hardened criminals, they are excellent candidates for a second chance.
4. Listen to families, they want help and they want to help. Families need education in addiction and help to deal with the devastating consequences of addiction. Substance Abuse Treatment, unfortunately, is not family friendly. Not that there are not exceptions, but where I live, there is exactly one (1) family education program run at no cost. In case nobody noticed, that's not enough.

Addiction is an individual's nightmare, a family tragedy, and national health emergency. The limitation of treatment to the point were less than 10% of individuals impacted by the illness are receiving treatment, is a national disgrace.

We are so much better than that.

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