Law Enforcement Assisted Diversion (US)

Last updated

In the United States, Law Enforcement Assisted Diversion (LEAD) is a pre-booking diversion model that provides police with an alternative to criminal prosecution in cases involving low-level crimes related to drug use, mental health issues, and poverty. The multi-agency approach allows police officers to refer individuals to behavioral health services rather than arrest them. The model was developed in Seattle, Washington, where a pilot program was launched in 2011. LEAD programs have since been adopted nationally in the US. [1] [2]

Contents

Philosophy, rationale and objectives

LEAD takes a harm reduction approach; in substance use cases, abstinence is not required. The primary goal is to reduce the harms caused by repeated interactions with the criminal justice system (CJS). [3] Nearly a quarter of the over two million people incarcerated in the US are there for drug-related crimes, and substance use disorders (SUD) are more prevalent in the prison population than in the general public. Those with SUDs are at significantly greater risk of overdose death after involvement with the CJS. [4] Additional goals include reducing reliance on the CJS, and improving working relationships between police and community-based service providers. [3]

History

In October 2011, LEAD was launched in Seattle as a four-year pilot program, with private foundation funding of $950,000 a year. [5] The multi-agency collaboration included the Seattle Police Department, the King County Sheriff’s Office, the King County Prosecutor, the Seattle City Attorney, the Washington State Department of Corrections, Evergreen Treatment Services, the Washington American Civil Liberties Union (ACLU), and the Public Defender Association’s Racial Disparity Project. [3] Rollout began in the drug-troubled Belltown neighborhood, with hand-picked participants: low-level drug dealers, addicts and prostitutes who had been repeatedly arrested. Individualized programs offered services including drug treatment, housing assistance, education, and microloans for business start-ups. [5] The program proved successful and became LEAD Seattle/King County. [6] [7]

Implementation

Police officers use their discretion to refer an individual arrested for minor offences to a case manager who assesses the client and creates a personalized intervention plan. [3]

Efficacy

Participants in the Seattle/King County LEAD program were less likely to be arrested and face felony charges, compared to those charged with similar crimes. Improvements in employment, housing, financial security, relationships with police and quality of life were noted. [4]

Related Research Articles

<span class="mw-page-title-main">Harm reduction</span> Public health policies which lessen negative aspects of problematic activities

Harm reduction, or harm minimization, refers to a range of intentional practices and public health policies designed to lessen the negative social and/or physical consequences associated with various human behaviors, both legal and illegal. Harm reduction is used to decrease negative consequences of recreational drug use and sexual activity without requiring abstinence, recognizing that those unable or unwilling to stop can still make positive change to protect themselves and others.

<span class="mw-page-title-main">War on drugs</span> Global anti-drug campaign led by the United States

The war on drugs is the policy of a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States. The initiative includes a set of drug policies that are intended to discourage the production, distribution, and consumption of psychoactive drugs that the participating governments, through United Nations treaties, have made illegal.

The Rockefeller Drug Laws are the statutes dealing with the sale and possession of "narcotic" drugs in the New York State Penal Law. The laws are named after Nelson Rockefeller, who was the state's governor at the time the laws were adopted. Rockefeller had previously backed drug rehabilitation, job training and housing as strategies, having seen drugs as a social problem rather than a criminal one, but did an about-face during a period of mounting national anxiety about drug use and crime. Rockefeller, who pushed hard for the laws, was seen by some contemporary commentators as trying to build a "tough on crime" image in anticipation of a bid for the Republican presidential nomination in 1976. The bill was signed into law by Governor Rockefeller on May 8, 1973.

<span class="mw-page-title-main">Drug court</span> Type of court

Drug courts are problem-solving courts that take a public health approach to criminal offending using a specialized model in which the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment communities work together to help addicted offenders into long-term recovery. Instead of punishment, their purpose is to address one of the underlying drivers of crime and, in the process, reduce the use of imprisonment, potentially leading to substantial cost-savings. Drug courts aim to do this by incentivizing or mandating offenders into addiction treatment combined with frequent drug testing and regular monitoring by the judge.

A methadone clinic is a medical facility where medications for opioid use disorder (MOUD) are dispensed-—historically and most commonly methadone, although buprenorphine is also increasingly prescribed. Medically assisted drug therapy treatment is indicated in patients who are opioid-dependent or have a history of opioid dependence. Methadone is a schedule II (USA) opioid analgesic, that is also prescribed for pain management. It is a long-acting opioid that can delay the opioid withdrawal symptoms that patients experience from taking short-acting opioids, like heroin, and allow time for withdrawal management. In the United States, by law, patients must receive methadone under the supervision of a physician, and dispensed through the Opioid Treatment Program (OTP) certified by the Substance Abuse and Mental Health Services Administration and registered with the Drug Enforcement Administration.

The Law Enforcement Action Partnership (LEAP), formerly Law Enforcement Against Prohibition, is a U.S.-based nonprofit organization group of current and former police, judges, prosecutors, and other criminal justice professionals who use their expertise to advance drug policy and criminal justice solutions that enhance public safety. The organization is modeled after Vietnam Veterans Against the War. As of April 2017, they have more than 180 representatives around the world who speak on behalf of over 5,000 law enforcement members and 100,000 supporters.

A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy the behavior leading to the arrest. Administered by the judicial or law enforcement systems, they often allow the offender to avoid conviction and include a rehabilitation program to prevent future criminal acts. Availability and the operation of such systems differ in different countries.

A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

The drug policy of Sweden is based on zero tolerance focusing on prevention, treatment, and control, aiming to reduce both the supply of and demand for illegal drugs. The general drug policy is supported by all major Swedish political parties with the exceptions of the Left Party – which advocates for the decriminalization of private consumption – and 5 of the 7 major parties' youth wings.

Crime rates in the state of Washington grew rapidly to large levels from 1960 to 1980, however slowed in growth from 1980 onward. Although the cause of this drop in crime growth from the 1980s cannot be directly determined, it was believed to have been a result from several law enforcement initiatives & policies implemented throughout the state of Washington and across the United States, such as abortion access.

The War on Drugs is a term for the actions taken and legislation enacted by the US federal government, intended to reduce or eliminate the production, distribution, and use of illicit drugs. The War on Drugs began during the Nixon administration with the goal of reducing the supply of and demand for illegal drugs, but an ulterior racial motivation has been proposed. The War on Drugs has led to controversial legislation and policies, including mandatory minimum penalties and stop-and-frisk searches, which have been suggested to be carried out disproportionately against minorities. The effects of the War on Drugs are contentious, with some suggesting that it has created racial disparities in arrests, prosecutions, imprisonment, and rehabilitation. Others have criticized the methodology and the conclusions of such studies. In addition to disparities in enforcement, some claim that the collateral effects of the War on Drugs have established forms of structural violence, especially for minority communities.

<span class="mw-page-title-main">Alternatives to imprisonment</span> Types of punishment or treatment other than time in prison

The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.

Prison overcrowding in the United States is a social phenomenon occurring when the demand for space in a U.S. prison exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. During the United States' War on Drugs, the states were left responsible for solving the prison overcrowding issue with a limited amount of money. Moreover, federal prison populations may increase if states adhere to federal policies, such as mandatory minimum sentences. On the other hand, the Justice Department provides billions of dollars a year for state and local law enforcement to ensure they follow the policies set forth by the federal government concerning U.S. prisons. Prison overcrowding has affected some states more than others, but overall, the risks of overcrowding are substantial and there are solutions to this problem.

<span class="mw-page-title-main">Incarceration prevention in the United States</span> Methods to reduce prison populations in America

Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.

<span class="mw-page-title-main">2014 California Proposition 47</span> Reduction of some crimes to misdemeanours

Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.

Discrimination against people with substance use disorders is a form of discrimination against people with this disease. In the United States, people with substance use disorders are often blamed for their disease, which is often seen as a moral failing, due to a lack of public understanding about substance use disorders being diseases of the brain with 40-60% heritability. People with substance use disorders are likely to be stigmatized, whether in society or healthcare.

The Sequential Intercept Model clarifies five points at which standard processing of crimes can be intervened with community-based actions, so that individuals with mental and psychiatric disorders would not have to further penetrate the criminal justice system. By understanding and using the model, communities can develop a series of strategies to increase diversion of individuals with mental disorder from the criminal justice system and to help them receive proper community-based treatments.

<span class="mw-page-title-main">Lisa Daugaard</span> American criminal justice reformer

Lisa Daugaard is an American criminal justice reform activist. She is the director of the nonprofit organization Public Defender Association and a commissioner of the Community Police Commission in Seattle. She received a 2019 MacArthur Fellowship for her criminal justice reform work.

<span class="mw-page-title-main">Decarceration in the United States</span> Overview article

Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.

References

  1. "Law Enforcement Assisted Diversion (LEAD): A multi-site evaluation of North Carolina LEAD programs" (PDF). Duke University School of Medicine . 2022. Retrieved Mar 21, 2024.
  2. "Law Enforcement Assisted Diversion (LEAD) Grant Program" (PDF). Washington State Health Care Authority. Retrieved Mar 21, 2024.
  3. 1 2 3 4 "Assessing the Impact of Law Enforcement Assisted Diversion (LEAD): A Review of Research" (PDF). University of Cincinnati . IACP/UC Center for Police Research and Policy. March 2021. Retrieved Aug 26, 2024.
  4. 1 2 Joudrey, PJ; Nelson, CR; Lawson, K; Morford, KL; Muley, D; Watson, C; Okafor, M; Wang, EA; Crusto, C (Oct 2021). "Law enforcement assisted diversion: Qualitative evaluation of barriers and facilitators of program implementation". Journal of Substance Use and Addiction Treatment . 129 (Oct 2021). doi:10.1016/j.jsat.2021.108476. PMC   8380645 . PMID   34080562.
  5. 1 2 Green, Sara Jean (Oct 13, 2011). "Seattle program aims to break the habit of incarceration". Seattle Times . Retrieved Aug 27, 2024.
  6. Green, Sara Jean (Sep 12, 2018). "LEAD program, aimed at helping instead of punishing addicts, to expand to Burien". Seattle Times . Retrieved Aug 27, 2024.
  7. "LEAD Seattle/King County". LEAD Seattle/King County. Retrieved Aug 27, 2024.