Justice Reform
The Problem
Mass incarceration of non-violent drug users in Maryland wastes resources, ruins lives, and does nothing to reduce drug use. More than 40,000 arrests for non-violent drug crimes took place in Maryland in 2014, and 81% of drug arrests were for possession only. Maryland has approximately 4,000 prisoners incarcerated for drug crimes at any point in time, costing the corrections system $260 million. Collateral consequences of drug convictions include loss of child custody, voting rights, employment, business loans, licensing, student aid, public housing, and other public assistance, not to mention the self-defeat and stigma that can last a lifetime.
The Solution
In 2016, we Marylanders passed the Justice Reinvestment Act (JRA) to reduce our state’s prison population and reduce the likelihood of reoffending. Further legislation is necessary to shift drug use away from being a justice system issue to a healthcare issue. Maryland must lower or remove penalties for possession of drugs and paraphernalia, and ensure that high-quality treatment and recovery resources are available and accessible instead. Some recent initiatives that have been proposed to accomplish this end include:
- DECRIMINALIZATION: Legislation that changes possession from a criminal offense to a graduated civil offense. For instance, the first time a person is caught with a very small amount of a drug (for personal use), he/she would no longer be arrested, jailed, prosecuted, imprisoned, or saddled with a criminal record, but instead would be referred to treatment. A second offense would still be considered civil, but further sanctions (fines, community service, etc.) could be imposed along with referral to treatment. The individual would not face criminal penalties until their third offense.
- DIVERSION: Legislation that supports diverting individuals to treatment before entry into the criminal justice system.
- HARM REDUCTION: Legislation that creates programs that de-stigmatize drug use, that offer assistance to individuals who use drugs in order to reduce the harms associated with their use, and that provide resources for those seeking to reduce or end their drug use. Programs that have been proposed or implemented include needle exchange programs, distribution of fentanyl testing strips, phone apps which alert drug users to areas where deadly batches of fentanyl have been reported, safe drug consumption sites, etc.
Evidence demonstrates that decriminalization, diversion, and harm reduction strategies do not result in increased use or crime; reduces incidences of HIV/AIDS and overdose; increases the number of people in treatment; and reduces social costs of drug use.
The Problem
Individuals who are incarcerated while addicted to opiates, particularly methadone, and especially when in combination with other addictive substances –alcohol and/or benzodiazepines, and forced into ‘cold turkey’ withdrawal are at extreme risk. The vomiting and diarrhea associated with withdrawal can be so severe that some have died from dehydration as a result of their body’s inability to hold any fluids for the duration of the withdrawal. Others have reported convulsions and seizures, or experiencing delirium and delusions as a result of dehydration brought on by methadone or alcohol withdrawal in jail. (Associated Press, 2016; Burns, 2015; DiFilippo, 2018; Finch, 2017; Galloway, 2016; Goodin-Smith, 2017; Noble, 2017; Paul, 2016; Reutter, 2016; Smith et al, 2015)
According to Center for Health and Justice (2018), only 22% of those serving jail sentences, who meet medical criteria for substance abuse or dependence, receive any type of drug treatment while incarcerated, and only 2% of them are provided withdrawal management services. From 2010 to 2015, families in at least 6 states were awarded nearly $11 million in compensation for loved ones who died while being denied routine withdrawal management care in jails. Between 2014 and 2016, at least 20 lawsuits were filed alleging that individuals in jail died from opiate withdrawal complications. Previous court rulings have indicated that failure to provide incarcerated individuals medical treatment for withdrawal symptoms or forcing them to go through withdrawal without proper medical supervision may be a violation of constitutional rights. “Jails without adequate services and protocols for withdrawal management face risk liability under state statutes and tort law, the Americans with Disabilities Act, Rehabilitation Act of 1973, and/or Fourteenth Amendment Due Process Clause (applicable to jails). Prisons also face risk liability under the United States Constitution’s Eighth Amendment prohibition on cruel and unusual punishment.”
The Solution
Coming soon.