Tag: criminal justice system

  • Florida Versus Evidence: How I Lost My Children Because of Past Drug Use

    Florida Versus Evidence: How I Lost My Children Because of Past Drug Use

    When my first slew of drug tests returned negative, the opposition began slinging whatever they could think of in my direction, hoping something would stick.

    I am living in two worlds. One is a world populated by doctors and advocates, run on the tenets of research and science and reason. It is a world in which addiction is treated with medicine, and where there’s no question that people who use drugs deserve to be safe and free of avoidable infections and diseases. In this world, nobody hesitates to administer naloxone if the occasion calls for it. In this world, people are not afraid to touch the bodies of drug users, and we all understand that if you can self-administer naloxone, you don’t need naloxone. I experience this world through phone lines, e-mails, and social media. I write about this world; this world is my template for how all worlds should be.

    Addiction as Moral Failure

    Then there is the world where my life takes place. In this world, having an addiction is a moral failure. Drug use is met with punishment. Judges replace doctors and toxicologists, making medical decisions and determining the results of drug tests with reckless abandon. In this world, abstinence is the only route to health. In this world, a hit of pot is just as chaotic as compulsive, daily injections of heroin. In this world, there is no sterile equipment; in this world, everyone is sick. Here, you can be sentenced to death just for being the friend of someone who overdoses. This is the world I touch with my fingers and teeth—the world where I walk, and eat, and breathe. This is the world where I live.

    I became involved with the Florida Department of Children and Families in April 2018. I was never charged with a crime or afforded the presumption of innocence, evidentiary standards, or jury decision that would have accompanied a criminal charge. Instead, one judge—virtually accountable to no one and equipped with full immunity—deemed my husband and me guilty of some nebulous pre-crime like the woeful characters in Philip K. Dick’s short-story-turned-film “Minority Report.” Apparently, I am guilty of the possibility of neglecting or otherwise harming my children in the future because I have a diagnosed substance use disorder.

    Since that decision, I have been forced to obey the mandates set forth by my county’s child welfare authorities in an attempt to win back custody of my girls. So far, not a single mandate has been evidence-based.

    I love writing about harm reduction, evidence-based addiction care, and trauma-informed mental health practices. I enjoy staying informed about best practices in addiction medicine. I am proud that I get to help demystify and destigmatize addiction and mental illness, and I am honored to have the opportunity to speak with the researchers who have dedicated themselves to driving us out of the dark ages of addiction medicine. But now that I am living in those dark ages myself, I can’t shake a sense of bitterness: I write about a better world, but it’s one that I only get to view from afar.

    Substance Use Disorder Treatment and Geography

    In 2017, I wrote an article for OZY about the general disparities between addiction care in red states and blue states. I was living in Seattle, Washington, at the time but I’d had some experience trying to get help for addiction in Florida—so I knew how backward providers could be. For example, when I gave birth to my daughter in Palm Beach while on prescribed methadone, hospital staff refused to let me breastfeed her. She was treated for Neonatal Abstinence Syndrome (NAS) and pediatric staff claimed that enough methadone would be passed through my breast milk to potentially harm her. In reality, numerous studies have found the exact opposite to be true and breastfeeding is now recognized as one of the most effective balms for NAS, due to the maternal contact and general health benefits of breast milk. The amount of methadone passed through breast milk is too negligible to help or harm.

    As I wrote in the OZY article, Democratic-ruled states are more likely to offer Medicaid coverage for methadone and buprenorphine, while Republican states are less likely to even offer the medications themselves, much less cover them. People in red states also face harsher penalties for drug crimes and are less likely to be allowed to continue a methadone or buprenorphine prescription while incarcerated. (Though this is a nationwide issue, blue states are leading the reform.) But writing the story from Seattle meant writing from a place of comfort: I was living among the reformers—walking within the pages of history that will be attributed to the good guys. I was able to take my buprenorphine every day because my state insurance covered it. I was surrounded by intelligent, informed people with whom I could speak honestly about my decision to engage in non-abstinence-based recovery. When I wrote about the issues in the system, I wrote from a place of distance. Of privilege.

    I did not appreciate how lucky I was until I dove headlong into the true trenches of the Drug War. 

    In Recovery and Losing Custody

    In Broward County, Florida, my children were removed from me because of unsubstantiated accusations of drug use. When my first slew of drug tests returned negative, the opposition began slinging whatever they could think of in my direction, hoping something would stick. Most of it revolved around the fact that I was poor—but ignorance about mental illness and addiction reared its ugly face yet again. The opposition cited my prior child welfare investigation in Florida—the one that was triggered by my daughter’s NAS. It was a routine investigation that had been deemed unsubstantiated. These types of investigations are typically labeled “harmless.” I had been in compliance with my methadone program, and my daughter’s doctors had no concerns—but five years later, the opposition used that prior methadone prescription as a basis for deeming me an unreliable witness: the dirty, lying junkie. 

    When I was asked under oath whether I had spoken with one of my husband’s siblings about possibly purchasing marijuana, I admitted that I had. Clinicians in addiction treatment recognize that drug cravings are normal and applaud us when we admit that we think about buying drugs but then decide against it. But the guardian ad litem attorney—the counsel whose job it is to protect my daughters’ interests—argued that by considering using marijuana, I placed my sobriety and therefore my children at risk. It didn’t matter that I canceled the purchase and honestly acknowledged that I’d thought about it. The judge called my process of considering marijuana but then deciding against it “drug-seeking behavior.” She gave custody of my daughters to my husband’s parents.

    The terribly irony underscoring the entire proceeding is that if I were still living in a state that embraced the most current research on addiction, I would never even have been in a courtroom. The accusation against me stated that I left my daughters in the care of their grandparents for three days while I used drugs outside of the home. According to the U.S. Department of Health and Human Services, “drug tests do not provide sufficient information for substantiating allegations of child abuse or neglect or for making decisions about the disposition of a case.” Drug use on its own, away from any children, is not child abuse. A parent who leaves their child with a family member to go to a bar for an evening is generally considered to be engaging in responsible substance use.

    The federal government recognizes that child abuse cannot reasonably be defined as placing a child with a trusted caregiver, leaving the home for a couple days, and returning sober. It doesn’t much matter what went on during those two days. True or false—the accusation against me never described child abuse. A more enlightened jurisdiction would have recognized that. The separation trauma that my children and I have endured over the past nine months is completely attributable to our location.

    I used to write about addiction and drug policy from a place of privilege. Now I am writing from the deep trenches. I feel as though I am performing a kind of literary necromancy whenever I publish—except that instead of communing with the dead or demonic, I am writing from within that unillumined place, hoping that, by disseminating research, facts, and the words of distant experts, I can summon reason back into my life.

    View the original article at thefix.com

  • How to Get a Job If You Have a Felony Drug Charge on Your Record

    How to Get a Job If You Have a Felony Drug Charge on Your Record

    When someone in recovery from addiction has a felony conviction on their record, rejoining society as a normal functioning member can be daunting and far more difficult than anticipated.

    People in recovery from drug addiction who are trying to rebuild their lives with criminal records hanging over their heads now have more options than ever. For instance, they can find employment with one of the hundreds of felon-friendly companies nationwide, or take necessary steps toward getting their records expunged.

    If you are part of the ex-drug using community, you will have heard one or more of the following phrases, possibly many times:

    “I have a disease that has me breaking out in handcuffs.”

    “We’ll be signing court-cards after the meeting.”

    “What are you in for?” 
    “Felony possession of narcotics.”

    It’s no surprise when people suffering from various substance use disorders land in jail, and once you’re part of the criminal justice system, it’s difficult to ever truly be free of it. One of many unfortunate symptoms and side effects of addiction is incarceration, because although addiction is classified as a disease, the possession of narcotics is a punishable offense that often results in a misdemeanor or felony charge. Once someone is convicted of their first charge and entered into the system, a cycle is initiated. After the person is released from jail or court-mandated treatment, they are often placed on probation, which means they will either be subject to check-ins and drug tests or can be searched when pulled over or stopped. If a police officer driving behind you runs your plates and your name comes up with probation or past convictions, you are far more likely to be pulled over. Because you are now more visible and increasingly vulnerable to searches and random drug tests, it is easier to get yet another drug charge. This can go on and on until someone becomes clean, or changes their identity (just kidding, don’t do that).

    When someone in recovery from substance use disorder has a criminal record, trying to rejoin society as a normal functioning member can be daunting and far more difficult than anticipated. In addition to working on your recovery and learning to live your life in an entirely new way, you also have to worry about the wreckage of your past, including your rap sheet. Your résumé may have some random “holes” in it, which could raise questions with potential employers. And of course there are the background checks: If 30 people apply for the same job, and 29 of them don’t have heroin possession or paraphernalia charges, the employer is likely to go for one of the 29 without the rap sheet. Recovering addicts aren’t starting over with a clean slate; they have a tarnished slate and have to work that much harder and fill out that many more applications to try to catch a break. Because of this struggle, the vicious cycle of relapse, crime, and convictions is perpetuated and thus harder to break.

    Although struggling people in recovery may feel like they’re lugging around heavy baggage and a bad reputation that can be discovered in just a few minutes via Google—there is hope! There are companies that hire people with felony convictions and an abundance of resources out there to help connect job seekers with their felon-friendly potential employers. In 2016, President Obama launched a call-to-action for companies to eliminate barriers for convicts trying to rebuild their lives and gain legitimate employment. The Fair Chance Business Pledge has been signed by over 300 companies, including Google, Facebook, Uber, Starbucks, American Airlines, and The Coca-Cola Company. Several websites are designed specifically to help felons find employment, such as professional and personal development specialist Eric Mayo’s site jailtojob.com. It features links to companies that hire felons; information about his book which is designed to help convicts rejoin the workforce; and his blog and email, where he answers specific questions from people struggling with criminal pasts. Second Chance Jobs For Felons is another site designed for this purpose, and it links to hundreds of companies’ information, stats, ratings, and job openings.

    In addition to the Fair Chance Business Pledge, an initiative known as “ban the box” has been adopted by 33 states nationwide, with over 150 cities and counties. Ban the box encourages companies to ditch the check box asking applicants if they have a criminal history on their hiring applications. The goal is for ex-offenders to have an equal chance at making an impression and nailing an interview. Companies are still free to perform background checks, but it occurs later in the hiring process rather than before a candidate is fairly considered.

    Recovering addicts with criminal histories might find it frustrating to be restricted to a fraction of companies, having to track down employers that are felon friendly and then plead their case. Not all felons have to stay felons—in many states, drug-related convictions can be cleared with time and by showing a judge you’ve worked toward a better life. Ex-offenders can also take steps to have felonies expunged from their records completely.

    However difficult rebuilding a life may feel now, it doesn’t always have to feel this way. Recovering addicts with criminal records have more options than ever, including landing good jobs, getting their records expunged, and taking the necessary steps toward a brighter future. If you take these steps today, maybe you’ll be the one doing the hiring tomorrow.

    View the original article at thefix.com

  • Oregon Tries To Break Cycle Of Jailing People With Mental Health Issues

    Oregon Tries To Break Cycle Of Jailing People With Mental Health Issues

    A new initiative was created to divert people with mental illness from the criminal justice system in Oregon.

    There’s been more attention given to the fact that a significant percentage of incarcerated Americans suffer from mental illness.

    “The vast majority of the individuals are not violent criminals,” according to the National Alliance on Mental Illness (NAMI). “Once in jail, many individuals don’t receive the treatment they need and end up getting worse, not better.”

    They also tend to remain in jail longer and are at a higher risk of victimization than the non-mentally ill.

    Officials in Oregon are trying to break this cycle with a new initiative: the Justice Reinvestment Initiative.

    A new committee of 28 officials from state law enforcement, justice and health care, government officials and more—named the Behavioral Health Justice Reinvestment Steering Committee—will submit policy recommendations for how to divert people with mental illness from the criminal justice system.

    The committee is planning to submit a plan for the 2019 legislative session.

    “The criminal justice system was designed to prevent, protect against and prosecute criminal offenses. It was not designed to treat mental illness or substance addiction,” said Oregon Health Authority Director Patrick Allen, who is on the committee.

    Instead of cycling this population in and out of jails, where they will receive no support, Allen says there needs to be a long-term solution. “The best way to support people with behavioral health needs is to connect them to treatment in their local communities. The Justice Reinvestment process will allow us to develop solutions that better promote individual recovery while preserving community safety.”

    Senate Republican Leader Jackie Winters is also on the committee. “It’s not appropriate for the jail to be the place for the mentally ill,” she said, according to the Statesman Journal. It is for the committee to figure out: “how do we treat the individual without sending them into the criminal justice system?”

    The committee has begun reviewing jails across Oregon and gauging the needs of counties. They will work in concert with state health and criminal justice officials, who will contribute data to the initiative.

    “We know that when we make meaningful change in behavioral health treatment and addiction recovery, we lift a burden off of our prisons, our hospitals, and our law enforcement,” said Governor Kate Brown.

    “Oregon successfully used justice reinvestment to slow prison growth and expand programs that help people succeed outside of prison. By focusing on the intersection of the behavioral health and criminal justice systems in this new model of reinvestment, we can continue to improve both health and public safety,” the governor said.

    View the original article at thefix.com

  • Tennessee’s Mental Health Courts Strained By Budget Cuts, Demand Increase

    Tennessee’s Mental Health Courts Strained By Budget Cuts, Demand Increase

    The state ranks 35th in the nation when it comes to investing in mental health support.

    A new report by the Tennessean features the work of Tennessee’s mental health courts.

    These courts divert non-violent offenders living with mental health issues to services instead of jail, but they’re now struggling to handle the increasing caseload amid a lack of funding.

    “You want to get them out of jail so they stay out,” said Judge Melissa Blackburn, who presides over Davidson County’s mental health court. “I don’t want them back.”

    Artist Charles Chesney, who lives with bipolar disorder, is featured in the Tennessean for his experience in Davidson County’s mental health court. Chesney’s bouts of mania have gotten him in trouble with the law.

    After one particular manic episode at his mother’s home, Chesney was arrested, but instead of ending up in jail, he went before the mental health court. Now, he is on probation and lives in a therapeutic halfway house, according to the Tennessean. He is also required to receive counseling, attend a 12-step program, and work.

    Chesney said this court-mandated structure has given him a sense of stability that he did not have before.

    But according to the publication, Chesney is among the lucky few who are able to go through the mental health court and find housing. The state’s mental health courts have struggled amid budget cuts, after reductions to the state’s TennCare program in 2005.

    “As soon as TennCare went away, the numbers skyrocketed,” said retired Judge Dan Eisenstein. “Mental health court wasn’t set up to handle the numbers we were seeing.”

    The controversial program was designed to cover the costs of prescription medications, psychiatric visits, inpatient care and provide transportation for people without access to private health insurance, according to the Tennessean.

    Instead, people like Chesney are enrolled in the Behavioral Health Safety Net program, which pays for Chesney’s psychiatric medication.

    While at least a third of people in Nashville jails live with a mental health issue, according to Davidson County Sheriff Daron Hall, the state is lagging behind the national average when it comes to investing in mental health support.

    According to the National Association of State Mental Health Program Directors Research Institute, Tennessee’s mental health spending is well below the national average of $119.62 per capita, ranking it 35th in the United States.

    View the original article at thefix.com

  • Prescription Opioid Use And Its Connection To The Criminal Justice System

    Prescription Opioid Use And Its Connection To The Criminal Justice System

    A new study examined the link between people with a history of prescription opioid use and their involvement with the criminal justice system. 

    Individuals with a history of opioid use are up to 13 times more likely to be involved in some manner with law enforcement or justice system officials, including arrest, parole or probation.

    Those are the conclusions suggested by a new study that explored what NPR described as the “intersection of the criminal justice system and the ongoing opioid epidemic.”

    Data from more than 78,000 respondents to a national survey on drug use found that prescription opioid users were more likely to have some involvement with the criminal justice system than those with no history of opioid use; opioid users were also more likely to suffer from chronic health issues and have higher susceptibility to overdose upon release from the prison system.

    The study authors also suggested that greater access to alternatives to incarceration or treatment within the prison system could have a significant impact on lowering these rates.

    The study, conducted by researchers from New York University, the University of Colorado School of Medicine and Kaiser Permanente’s Institute for Health Research, among other institutions, examined information culled by the National Survey on Drug and Use and Health from 78,976 respondents—all U.S. residents between the ages of 18 and 64—including substance use, socioeconomic status and health.

    Involvement with the criminal justice system was defined by three criteria: whether the respondent had been recently arrested, released on parole or placed on probation.

    The data suggested that only 3% of the general population with no history of opioid use—prescription or other forms, like heroin—fell into those three categories.

    However, 20% of respondents who said that they had a dependency on prescription opioids and 40% of those who reported using heroin had some level of involvement with the criminal justice system.

    The data also revealed that individuals reporting opioid use or dependency were more likely to have some form of health issue, whether a mental illness or chronic health conditions like asthma or chronic obstructive pulmonary disease.

    Using this information, the researchers opined that the criminal justice system needed greater involvement in providing treatment for individuals with opioid dependency.

    They noted that many prison systems do not offer medication-assisted treatment (MAT), which has been regarded as the most effective means of treating opioid issues by several studies.

    Individuals in the criminal justice system who do not receive some form of treatment are more likely to experience a lower tolerance to opioids and in turn, a greater chance of overdose upon release, according to 2012 research conducted with former inmates.

    Study lead author Tyler Winkelman, a clinician-investigator at Hennepin Healthcare in Minneapolis, also suggested that placing individuals in treatment facilities instead of jails may prove more effective in breaking the cycle of dependency and incarceration. “We need a response that will ideally prevent people from entering the criminal justice system,” he noted.

    The NPR coverage cited a 2016 study, which reviewed rates of death by overdose among inmates exiting the Rhode Island Department of Corrections after it began a medication-assisted treatment program for its prison population. The study suggested that overdose deaths dropped by nearly 61% among that demographic—an “unheard of” drop in mortality rates, according to study author Josiah Rich, a professor of medicine and epidemiology at Brown University.

    “At this point of the epidemic, we can’t afford to not put people on treatment,” he added.

    View the original article at thefix.com