Criminal Justice

In this fact sheet the Legislative Analysis and Public Policy Association (LAPPA) provides an overview of the collateral consequences of becoming involved in the criminal justice system. Some of these consequences can include losing the right to vote, losing the right to serve on a jury, and losing the right to own a firearm, and often the barriers put in place against a charged individual and the consequences have no relation to the criminal offense. ...

Drafted in partnership with the O'Neill Institute for National and Global Health Law at Georgetown University, the purpose of the this model legislation is to: (1) promote the use of all U.S. Food and Drug Administration-approved medication for addiction treatment options in correctional settings; (2) ensure that all incarcerated individuals with a substance use disorder are provided access to medication for addiction treatment while incarcerated, are treated as individual patients, and have individualized treatment plans reflecting their clinical needs and not a one-size-fits-all approach; and (3) ensure that, upon release from a correctional setting, individuals receiving medication for addiction treatment are provided with a connection in the community for continued care, including a prescription for the medication for addiction treatment and the necessary contacts and tools to continue their treatment....

Collateral consequences are legal, regulatory, and policy barriers imposed against an individual arrested for, charged with, or convicted of a criminal offense that often have no connection to the criminal offense. In this document, LAPPA (1) provides a single resource highlighting each jurisdiction’s laws related to collateral consequences; (2) allows for comparison of the laws between jurisdictions; and (3) identifies and highlights any interesting or novel provisions....

The Legislative Analysis and Public Policy Association (LAPPA), in partnership with the Institute for Intergovernmental Relations, developed several resources related to overdose fatality review (OFR), including a complete summary of state OFR laws, a guide on how OFR teams can obtain information from the Indian Health Service, and a guide on how OFR teams can obtain information from the Veterans Health Administration....

The Addiction and Public Policy Initiative at the O’Neill Institute for National and Global Health Law was established in 2018 through a generous grant from Arnold Ventures. Housed at Georgetown Law, the Addiction and Public Policy Initiative works at the intersection of public health and the law to advance a public health approach to substance use disorder and the overdose epidemic through legal and policy strategies that promote evidence-based treatment, harm reduction, and recovery. This reports highlights O'Neill's accomplishments over the last five years....

These fact sheets provide guidance for overdose fatality review (OFR) teams, public safety and public health agencies utilizing the Overdose Detection Mapping Application Program (ODMAP), and law enforcement deflection partnership efforts on what can and cannot be legally shared regarding federal law (such as 42 Code of Federal Regulations [CFR] Part 2 and the Health Insurance Portability and Accountability Act [HIPAA]). ...

This fact sheet examines the racial disparities and stigma surrounding crack cocaine, established in the late 1980s, that continue to this day. The Fair Sentencing Act has helped to lessen the sentencing disparity between crack and powder cocaine, yet gaps remain. Passage of certain legislation, like the so-called EQUAL Act, would eliminate both the sentencing and racial disparity in cocaine sentencing still seen today in U.S. courts....

This report from the Bureau of Justice Assistance, Office of Justice Programs, details guidelines that local government officials, jail administrators, correctional officers, and health care professionals can use in providing effective health care for adults who are sentenced or awaiting sentencing to jail, awaiting court action on a current charge, or being held in custody for other reasons....

Deflection is any collaborative intervention connecting law enforcement, other first responders, and community responders with public health systems to create pathways to treatment and services for individuals—with low to moderate criminogenic risk—who have a substance use disorder, mental health disorder, or co-occurring disorders and who often have other service needs. This fact sheet provides an overview of what deflection is, examples of initiatives utilizing one or more of the six recognized deflection pathways, and a brief description of the status of deflection-related laws in the United States....