COMMUNITY-BASED TREATMENT AND THE
CRIMINAL JUSTICE SYSTEM
The New York Association of Alcoholism and Substance Abuse Providers (ASAP) recommends
that the following principles be incorporated into the design of a community-based
alcoholism and
substance abuse treatment system working with the criminal justice system:
Referral Process
To ensure that treatment is offered to the full universe of eligible offenders, a
statewide screening
process should be developed to identify addicted non-violent offenders.*
Uniform criteria, developed in conjunction with treatment providers, should be developed
in order
to ensure statewide consistency regarding the identification and referral of offenders to
treatment.
Assessments should be performed by qualified treatment professionals.
Individuals should be assessed and referred to the appropriate level of treatment
expeditiously.
Research has shown that a delay in referring offenders to treatment greatly increases the
likelihood of recidivism.
Diversion into treatment should be based on a diagnosis of chemical dependency, regardless
of
whether the primary diagnosis is alcoholism or substance abuse.
Program Design
All treatment modalities should be available for eligible offenders – hospital and
community-based
detoxification, in-patient treatment, long and short term residential treatment programs,
standard
and intensive out-patient services, methadone and other pharmacotherapies, halfway houses
and
supportive living.
Different program models should also be considered, including DTAP-like models, shorter
term
residential treatment combined with outpatient treatment models, and straight outpatient
models.
New models of treatment should be developed to accommodate the complex needs of offenders,
such as residential methadone programs, and more programs that address the needs of
specific
populations should be built -- for example programs that treat dually diagnosed
individuals,
women with children, individuals with medical problems, offenders with a primary language
other
than English, and adolescents.
Offenders should have access to a full continuum of services - including supportive living
and
halfway houses - that are critical in helping offenders transition back into community
living.
Compliance Issues
The criminal justice system must recognize that relapse is part of recovery. Court
mandated
clients who relapse should be given an opportunity to remain in treatment as long as the
provider
determines that they are making progress toward recovery.
Offenders who fail in treatment should receive the same sentences they would have received
had
they not attempted treatment. Addiction is a disease, and recovery is a very difficult
process.
Individuals should not be penalized for having made a good-faith effort to overcome their
dependency.
Compliance should be determined by treatment programs, in partnership with judges and
community-based local and state agencies.
Courts should utilize appropriate graduated sanctions, similar to those used in Drug
Courts.
Prison should not be the only sanction.
Accompanying Service
Most addicted individuals involved with the criminal justice system have a wide range of
problems. Programs should use a holistic approach in addressing clients’ multiple
needs and
provide or make available through referral, as part of the treatment process, services
such as
practical life skills, educational services, job readiness, vocational counseling and
training, and
parenting classes.
Case management by experienced addiction professionals working in OASAS licensed programs
should provide the necessary coordination to facilitate services that address the multiple
client
needs.
Accompanying Service
Most addicted individuals involved with the criminal justice system have a wide range of
problems. Programs should use a holistic approach in addressing clients’ multiple
needs and
provide or make available through referral, as part of the treatment process, services
such as
practical life skills, educational services, job readiness, vocational counseling and
training, and
parenting classes.
Case management by experienced addiction professionals working in OASAS licensed programs
should provide the necessary coordination to facilitate services that address the multiple
client
needs.
Funding
The alcoholism and substance abuse field is calling for funding to strengthen existing
services
before it can expand the treatment system to accommodate the increased number of
individuals
who will be diverted from prison to treatment under drug law reform. Once such funding is
added, then funding for alcoholism and substance abuse treatment must be increased to
accommodate increased diversion from incarceration of appropriate offenders. Funding must
also be increased to ensure that there is sufficient room for non-criminal justice
involved addicted
individuals to obtain treatment.
Funding must also be added for prevention and intervention services for family members of
the
criminal justice client. Addiction and criminality can be inter-generational; effective
prevention
and intervention can avert violent and criminal behavior and end the cycle of addiction
and crime.
Funding should be provided to OASAS programs for case management services provided to drug
courts and other alternative to incarceration programs.
In order to aid the transition of offenders leaving prison and jail and entering
treatment, Medicaid
should be suspended, not terminated, during the period of time an individual is
incarcerated. This
will enable offenders with substance abuse problems to go directly to treatment upon
release.
Funding for alternative to incarceration and related programs should be expanded to
accommodate increased diversion from incarceration of appropriate offenders.
* As always, procedures to identify and refer offenders to treatment should follow the
requirements of the
federal confidentiality law (42 U.S.C. § 290dd-2) and regulations (42 C.F.R. Part 2).
If you have comments, please E-Mail them to: asap@asapnys.org
Alcoholism & Substance Abuse
Providers of New York State
99 Pine Street - Suite 109 - Albany, New York 12207
Phone: (518) 426-3122 Fax: (518) 426-1046
E-Mail: asap@asapnys.org
