Should Congress expand funding and support for rehabilitation treatment courts and reduce incarceration for people with substance use disorders?
S. 2723 calls on the Attorney General to make up to $100 million in grants annually towards state, local, and tribal courts and governments to treatment courts. Treatment courts are specialized problem-solving courts that refer people with substance use disorders or mental health issues into treatment and rehabilitation programs instead of incarceration. These include adult, juvenile, and impaired driving treatment courts focused on recovery and rehabilitation. These courts must provide evidence-based services such as medication-assisted treatment for opioid use disorder. They must also have broad admission criteria to ensure access to those in high need. Sponsor: Sen. Amy Klobuchar (Democrat, Minnesota)
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How do you feel?
Opponents say
• "Drug courts have not demonstrated cost savings, reduced incarceration, or improved public safety...Many people end up in a drug court because of a petty drug law violation, including marijuana. As a result, drug courts do not typically divert people from lengthy prison terms. The widespread use of incarceration - for failing a drug test, missing an appointment, or being a "knucklehead" - means that some drug court participants end up incarcerated for more time than if they had been conventionally sentenced in the first place...Drug courts leave many people worse off for trying...Not only will some drug court participants spend more days in jail while in drug court than if they had been conventionally sentenced, but participants deemed "failures" may actually face longer sentences than those who did not enter drug court in the first place (often because they lost the opportunity to plead to a lesser charge)...Drug courts have made the criminal justice system more punitive toward addiction - not less." Source: Drug Policy Alliance
• "Drug treatment courts, or drug courts, are meant to offer court-supervised treatment for drug dependence to people who would otherwise go to prison for a drug-related offence. Evidence shows, however, that in many States these courts have not achieved their intended results, have failed to conform to a public health approach, and do not tackle mistreatment and human rights violations that occur in treatment centres…While drug courts offer "treatment instead of incarceration", they are not health-care settings and cannot provide treatment; rather, they refer participants to treatment, the experts said. Evidence shows that in many jurisdictions, drug courts have failed to offer participants evidence-based treatment. Largely, judges have no oversight over what happens in treatment, and cannot assess the quality of services. Drug court operators are not trained medical personnel and often intervene inappropriately in medical decisions, also without oversight or accountability." Source: United Nations Office on Drugs and Crime
Proponents say
• "Uninterrupted access to treatment is essential for individuals with SUD. People who discontinue SUD treatment - especially opioid-use disorder (OUD) treatment - are more likely to overdose or experience adverse health events." Source: Natasha Murphy, Center for American Progress
• "As a former prosecutor, I have seen firsthand how treatment courts connect people with the support they need to overcome substance use disorders and mental health challenges. This legislation will help put non-violent offenders on the path to recovery while reducing crime and saving taxpayer dollars. I’m proud to lead this legislation and will continue working to ensure people have access to life-changing treatment programs." Source: Senator Amy Klobuchar (Democrat, Minnesota)
• "In many cases, people with substance use or mental health disorders need help, not incarceration. Treatment courts resulted from decades of research and have a proven track record, as well as a smaller price tag than other criminal justice programs. By expanding these courts, Congress can simultaneously improve recovery rates in the United States and reduce crime. The Treatment Court, Rehabilitation, and Recovery Act will modernize federal support for treatment courts, specifically by updating the Department of Justice’s grants program, to ensure that there is equal access to evidence-based care, including medication for addiction treatment." Source: Representative Zoe Lofgren (Democrat, California, District 18)
