THE OPIOID CRISIS & THE CRIMINAL JUSTICE SYSTEM 2019 Joint Conference of the Supreme Court of Illinois & the American Judges Association Hon. George Grasso, Bronx County, NY Maria Almonte-Weston, Project Dir. for Bronx Community Solutions Hon. Charles P. Burns, Circuit Court of Cook County, IL Darcel Clark, Bronx County District Attorney, NY 2019 Joint Conference of the Illinois Supreme Court and the American Judges Association Drake Hotel, Chicago September 16-18, 2019 Darcel D. Clark Bronx County DistrictAttorney The Opioid Crisis & the Criminal Justice System September 17, 2019 Hon. George A. Grasso, Bronx County Maria Almonte-Weston, Bronx Community Solutions Hon. Charles P. Burns, CookCounty Hon. Darcel D. Clark, Bronx County District Attorney The Opioid Crisis & the Criminal Justice System OverdosePresentation Avoidance to Chief of Staff and Recovery (OAR)July 13, 2017Program 3 Bronx County District Attorney Darcel D. Clark https://bit.ly/2rEfT1d Bronx County District Attorney Darcel D. Clark Bronx County District Attorney Darcel D. Clark Bronx DA’s Alternatives to Incarceration Bureau (ATI) started planning OAR in May, 2017, to focus on the population of heroin users who have suffered from addiction for decades, cycling through court and jail From January 2013 to July 2017, in the Bronx: • 879 people died of opioid use • 551 of those people had prior involvement with the criminal justice system • Average of 8.9 arrests each, most frequent charge: 7th degree drug possession Bronx County District Attorney Darcel D. Clark The Overdose Avoidance and Recovery Program (OAR) launched in December 2017 Bronx County District Attorney Darcel D. Clark The Overdose Avoidance and Recovery Program (OAR) launched in December 2017 •Program Eligibility: Anyone arrested on seventh-degree Criminal Possession of a Controlled Substance, Petit Larceny, Trespass. •Defendants do not have to plead guilty to get treatment. •If they qualify, defendants can begin their treatment program. •The program helps lower the jail population and keeps people from cycling through the criminal justice system. Bronx County District Attorney Darcel D. Clark Program Implementation: Court-Based Overdose Reduction Eligibility for OAR is a two-step If defendant does not meet Program process eligibility criteria or chooses not to enter the program • All arrests for misdemeanor drug • DA staff review the case and determine if possession in Bronx County the person is eligible (excluding factorssuch • The case returns to the regular case • Expanded: petit larceny, trespass as a search warrant or complainant case) processing track without prejudice (Nov. 2018) • Bronx Community Solutions resource • Program offered at arraignments coordinators screen for high risk ofoverdose • NOT your typical drug court; pre- using a screener developed collaboratively plea program with New York University (NYU) Bronx County District Attorney Darcel D. Clark 8 Bronx County District Attorney Darcel D. Clark From January, 2017 to April of this year, just in the South Bronx, 100 fentanyl-related overdose deaths out of 166 total overdose deaths. View the Bronx Opioid Epidemic Needs Assessment report: https://on.nyc.gov/2OdirDL Bronx County District Attorney Darcel D. Clark Sixty-seven people have completed treatment and “graduated” from the OAR Program. That’s 67 lives saved. NYS Chief Judge Janet DiFiore deemed the OAR Program a success and in 2018 announced that it will be expanded as a court part throughout New York City. Bronx County District Attorney Darcel D. Clark Office of the Bronx County District Attorney Darcel D. Clark www.bronxda.nyc.gov 198 East 161s t Street Bronx, NY 10451 718-590-2000 RESTORATIVE / PROGRESSIVE JUSTICE – NEW APPROACH TO REHABILITATION JUDGE CHARLES P. BURNS COOK COUNTY, IL PROBLEM – SOLVING COURTS (PSC) PSC include, but are not limited to, drug, mental health, and veterans that have developed nationally and in Illinois to provide an alternative forum for individuals in the criminal justice system who have behavioral health disorders. PSC’s utilize a collaborative therapeutic approach that functions within the existing court structure. PROBLEM – SOLVING COURTS (PSC) PSC’s provide access to a continuum of drug and other related community-based treatment and rehabilitation services to address an individual’s underlying behavioral health needs. PSC’s promote personal responsivity by holding the participant accountable for his/her actions and behaviors. TARGET POPULATION “Treat the people we are mad at and punish the people that are dangerous or we’re afraid of” - Prior convictions irrelevant, prior treatment irrelevant - High Risk/ High Need TARGET POPULATION Historically deprived populations - Defendant with co-occurring disorders - Chronic or complicated medical issues - Transgender population REHABILITATIVE ALTERNATIVE PROBATION PROGRAM RAP/WRAP is a post adjudicatory drug court program which targets high risk/high needs repeat offenders charged with felony non-violent offenses. REHABILITATIVE ALTERNATIVE PROBATION PROGRAM The mission of the program is to provide gender and culturally responsive treatment and services in order to: 1)Assist participants in their recovery from substance abuse and their readjustment to the community; 2)Foster individual responsibility and good citizenship; and 3)Promote public safety by reducing recidivism. SNAPSHOT OF RAP/WRAP PROGRAM CLIENTS ADMISSIONS BETWEEN 2015 – 2019 YTD (N=310) Gender & Age Race Average age at admission: 45 years old Primary Drug Unemployment & Housing Unemploment Heroin 75% 69% Rate Cocaine… 19% No permanent 49% Other… 6% housing TREATMENT AND RECOVERY SUPPORT Community-based services are provided to RAP/WRAP participants by a holistic network of substance abuse treatment providers and include: . Inpatient treatment . Gender specific treatment & Spanish language programs . Outpatient programs . MISA, dual diagnosis TREATMENT AND RECOVERY SUPPORT . Recovery home . Education and Employment programs . Self-help recovery . Housing . network Treatment funded by federal grants, county contracts, private insurance and affordable care act coverage LIFE AFTER (W)RAP Graduation is key predictor of success in recovery Track new felony convictions- 1yr, 3yr, 5 yr. post graduation Years 2014-2019 1 YEAR Ye a r 1 3.8% Did not recidivate Recidivated For the 186 people who graduated, 7 (3.8%) have been convicted of felonies in the first year. 96.2% 3 YEARS 10.3% Did not Recidivate Recidivated For 164 people who graduated three years prior, almost 90% have not been convicted of 89.7% felonies within three years 5 YEARS 16.5% Did not recidivate Recidivated For the 107 people who graduated more than 5 years ago, only 19 (16.5%) were convicted 83.5% of new felonies within 5 years of graduation. RAP/WRAP PROGRAM OUTCOMES Upon successful completion of all terms and conditions of the RAP/WRAP program Vacate judgment and convictions and dismissal of charges Collaborations to expunge and seal their records Continued support in their sobriety and readjustment to the community post-program completion CPB Sept 2019.