The Mercury

Criminal justice system takes on US opioid crisis

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BUFFALO: After three defendants fatally overdosed in a single week last year, it became clear that Buffalo’s ordinary drug treatment court was no match for the heroin and painkiller crisis.

Now the city is experiment­ing with the US’s first opioid crisis interventi­on court, which can get users into treatment within hours of their arrest instead of days, requires them to check in with a judge every day for a month instead of once a week and puts them on strict curfews. Administer­ing justice takes a back seat to the overarchin­g goal of simply keeping defendants alive.

“The idea behind it,” said court project director Jeffrey Smith, “is only about how many people are still breathing each day when we’re finished.”

Funded with a three-year $300 000 (about R4 million) Justice Department grant, the programme began on May 1 with the aim of treating 200 people in a year and providing a model that other heroinrack­ed cities can replicate.

Two months in, organisers are optimistic. As of late last week, none of the 80 people who agreed to the programme had overdosed, though about 10 warrants had been issued for missed appearance­s.

Buffalo-area health officials blamed 300 deaths on opioid overdoses last year, up from 127 two years earlier. That includes a young couple who did not make it to their second drug court appearance last spring. The woman’s father arrived instead to tell the judge his daughter and her boyfriend had died the night before.

“We have an epidemic on our hands. We’ve got to start thinking outside the box here,” said Erie County district attorney John Flynn. “And if that means coddling an individual who has a minor offence, who is not a career criminal, who’s got a serious drug problem, then I’m guilty of coddling.”

Regular drug treatment courts that emerged in response to crack cocaine in the 1980s take people in after they’ve been arraigned and in some cases released. The toll of opioids and profile of their users, some of them hooked by legitimate prescripti­ons, called for more drastic measures.

Acceptance into opioid crisis court means detox, inpatient or outpatient care, 8pm curfews and at least 30 consecutiv­e days of in-person meetings with the judge. A typical drug treatment court might require such appearance­s once a week or even once a month.

“This 30-day thing is like being beat up and being asked to get in the ring again,” 36-year-old Ron Woods said after one of his daily face-toface meetings with city court judge Craig Hannah.

Woods said his heroin use started with an addiction to painkiller­s prescribed after cancer treatments that began when he was 21. He was arrested on drug charges in midMay and agreed to interventi­on with the hope of kicking the opioids that have killed two dozen friends and seeing the felony charges against him reduced or dismissed.

In addition to the Monday to Friday court dates, Woods attends daily outpatient counsellin­g, submits to drug testing, works at his family paving business and attends Narcotics Anonymous meetings.

Easy

“This court makes it amazingly easy. Normally I’d be like… ‘This is stupid’,” said Woods, who has been through programmes before. “But for the first time I have an optimistic outlook and I wanted to get clean.”

Buffalo’s get-tough court is part of a nationwide push to come up with ways to use the criminal justice system to address the opioid crisis. In April, the National Governors Associatio­n announced that eight states – Alaska, Indiana,Kansas, Minnesota, North Carolina, New Jersey, Virginia and Washington – will together study how to expand treatment within the criminal justice system.

Judge Hannah hasn’t taken a day off since the programme started, determined to show participan­ts he is as committed as they are. Although he still carries a full city court load, he meets unhurriedl­y with the people in the opioid programme during prolonged sessions on the bench.

These are not interrogat­ions about whether they’ve used drugs the previous night; they are chats about the weather, the weekend and work.

“I don’t want to die in the streets,” Sammy Delgado, one of the defendants, said. After his arrest for drug possession, he left inpatient treatment after six days but wants another chance.

Judge Hannah told him: “You have a lot of people pulling for you. We need you to pull for yourself.” – AP

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