Drug Treatment & the Criminal Justice System

Drug Treatment & the Criminal Justice System

Because many substances of abuse are illegal, the individuals who possess and use these substances are guilty of a crime simply by having the substance. Abuse and addiction can also lead addicts to commit other crimes that they would not have considered when sober or not addicted as they attempt to fund an increasingly expensive behavior. They often neglect children, jobs, and anything else that may have once been valuable to them. How does the court system handle such an overwhelming and prevalent problem that has an enormous financial and psychological impact on society?

What types of crimes do substance abusers commit?
The National Institute on Drug Abuse classifies drug-related crimes into three categories:

• Possession and/or sales.

• Offenses related to drug abuse (like stealing money to purchase drugs).

• Indirect offenses that result from living a lifestyle that increases the chances of engaging in illegal activity. This occurs because the abuser spends time with others who may have a greater chance of engaging in such activity.

How many criminals engage(d) in substance abuse?

In 1997, the Bureau of Justice statistics reported that 57% of Federal and 70% of State prisoners were regular users of drugs before being incarcerated. A 2002 survey found that 44% of men and 52% of women who were incarcerated at the time of the survey met the criteria for drug or alcohol dependence. Another survey conducted in 2000 reported that, among juvenile arrests, 56% of boys and 40% of girls tested positive for substances when they were arrested.

How much does drug-related crime cost?

A report from the National Institute on Drug Abuse indicates that, in 2002, drug-related crimes represented a $107 billion cost to society. This amount includes costs associated with:

• Child neglect and child abuse

• Welfare costs and foster care

• Victimization

• Unemployment

• Poor productivity

• Criminal and court costs

• Medical visits to the emergency room

• Expenses for prisons

• Property crimes

• Violent crimes

What are the benefits of treating drug addiction?

Estimates suggest that for each dollar put toward programs that treat addictions, the costs from drug-related crimes are reduced $4-7. Additionally, research indicates that untreated substance abuse increases the chances that the offender will relapse, returning to the substance and continuing their criminal activity. This, in turn, creates additional financial burdens for taxpayers and the justice system as these offenders are returned to the system only to begin the cycle all over again. Using the criminal justice system as a venue to treat addiction can have the direct benefit of reducing crime as well as such indirect benefits as decreasing the spread of hepatitis, HIV/AIDS, and other infectious diseases by increasing awareness and emphasizing education.

How can the criminal justice system incorporate substance abuse treatment?

• Make treatment a condition of probation.

• Have a parole or probation officer ensure that treatment occurs.

• Offer treatment to incarcerated individuals and follow-up with treatment programs in the community after the individual is discharged.

• Establish drug courts to address both legal/judicial issues as well as problems that are related to and/or a direct result of substance abuse.

• Make sure agencies (such as social services, treatment facilities, and criminal justice staff) collaborate for the best outcomes.

• Provide those who have successfully completed treatment in prison with resources for transitioning into the community and living a substance-free life.

• If deemed medically appropriate and necessary, incorporate medications for withdrawal symptoms and/or drug replacement therapies.