Harm Reduction Meets the Criminal Legal System

Andrya Soprych, LCSW, CGLA Aisha Cornelius Edwards, Criminal Defense Attorney, CGLA

Cynthia Cornelius, Asst. Dir. Of Legal Programs, CGLA Avi Rudnick, Housing First Program Manager, Chicago House

& Volunteer Attorney, Transformative Justice Law Project

September 11, 2015

Overview of Harm Reduction and the Legal System (Andrya)

Harm Reduction and Criminal Defense (Aisha)

Harm Reduction and Criminal Records Relief (Cynthia)

Meeting People Where They Are: The Cabrini Green Legal Aid and Chicago House Models (Andrya & Avi)

Topics

The “Criminal Legal System” (Avi)

The Crimin al alal al all Leg l System

Lifetime Likelihood of Imprisonment

White Men All Men Latino Men Black Men

ttt

ttt 1 n 6

ttttt tttt

Allwomen

1 1n 17 1 1n 3

White Women ttttttttttttttt tttttttftttttttt tttttttttttttttt ttttttfttttitttt tttttHttttttttt tttttttttttttttt ttm-tttttttttt

1 1n 111

Black Women latina women

1 in 56 1 1n 18 1 1n 45

Source: Bor ;lar. T (2003}. Preva(eiiC!!Q//mprlsoomen t In tltf.'US POpulation, 7974·2001 Wathinglon, D.C: Bureau of Justice Statisti!-'S 1111 SE!'ITEN CJNG

T l i .

I PRUJJlCT

Number of People in Prisons and Jails for Drug Offenses, 1980 and 2013

•17,200

Federal Prisons Jails

1980

l... •State Pr sons

98,200

Soun:es:Cai"5Q!1, E.A (2014), Prir.cnet< m 2013. Washlf\9101\ D.C.:BIJ1eau of Justi<:e Stallsrn:s. Ma"e1, M. and K•ng, ll. (2007). A ;>5-Year O•GJgrmre: 1heWar on Drugs 8!ld irs lmpacr ""Arnerica.rJ Sociel)' Wash<ng\011. D.C.: The Sentencmg Prorect; Glaze. L E.an<l Herbennan, E.J (2014), Corre,;riOfll'tl Populorrons m 1/leUnfle<lSrares, 2013. Washl"91Dn D.C..Bureau of Jusb<:e St llsllcs.

17 PROJECT 111 S TF.NCING

Total Corrections Population in Illinois

http://sentencingproject.org

Total Incarcerated (Prison and Jail) 68,719

Prison Population 48,653

Rate per 100,000 (377)

Jail Population 20,066

Rate per 100,000 (157)

Probation Population 124,507

Parole Population 27,456

Racial/Ethnic Disparity in Incarceration in Illinois

http://sentencingproject.org/

Black: White Ratio Hispanic: White Ratio

9.1 : 1 1.9 : 1

FELONY DISENFRANCHISEMENT

Total Disenfranchised African American

50,503 (.05%) 27,933 (2%)

JUVENILES IN CUSTODY 2,106

http://cps.edu/finance/FY14Budget/Pages/Budget.aspx http://sentencingproject.org/

ILLINOIS CORRECTIONS EXPENDITURES

$1,378,000,000

One Billion Three Hundred and Seventy-Eight million!!

In contrast, in FY2014, Chicago Public Schools reported a one billion dollar deficit.

Harm Reduction and

The Legal System

" The phi losophy of harm reduction promotes and supports the r igh t of people who use subs tance

and engage Bn other r isky behaviors t o be treated wnth d i n i ty and respect; thei r r i h t t o exerc! e e f - etermination related t o use; nd thein- rn_ h t

i " el!llect and receive col laboration i n the raoe u·c relationshiDSa"

© Copyright 2014. Midwest Harm Reduction Institute. Heartland Alliance

Individuals have a voice

The focus is on reducing harm, not consumption

There are no pre-defined outcomes

The individual’s decision to engage in risky behaviors is accepted

The individual is expected to take responsibility for his or her own behavior

The individual is treated with dignity

Criminal System Sex Trade Substance use Mental health

Civil System Physical Health Self-harm Older adults

© Heartland Midwest Harm Reduction Institute 2009

Harm Reduction and

Criminal Defense

Offenses That May Implicate a Need for Harm Reduction Approach

Harm Reduction and Criminal Defense

Some Obvious Ones: Possession of a Controlled Substance Possession of Cannabis DUI/Public Intoxication Prostitution

Some Not to Obvious Ones Seen in Repetition: Panhandling Disorderly Conduct Criminal Trespass to State Land Retail Theft

Concepts of Criminal Sentences

Harm Reduction and Criminal Defense

• To Deter Future Conduct • To Rehabilitate the Individual • To Punish or Hold Them Accountable • In other word – “Fix Them” Force Quit –

o Zero Tolerance of Use of Prohibited Substances o Zero Tolerance of Engaging in Sex Trade

Force Compliance o Take All Mental Health Medications as Prescribed

What the criminal legal system allows that promotes the harm reduction approach

Harm Reduction and Criminal Defense

• Finding of No Probable Cause on small amounts • Drug School Diversion (CCSAO) • Less punishment for prostitution (no longer a felony

offense) • Less punishment for cannabis offenses (admin tickets)

Untreated Mental Health or Substance Issues Can Be Used As Mitigation to Get Alternatives to Incarceration: • Mental Health Probation • Treatment Alternatives for Safe Communities (TASC)

probation • Probation with treatment generally • Methadone treatment* (during probation)

How the criminal legal system does NOT aid harm reduction

Harm Reduction and Criminal Defense

• Random Urine Drop Violations & Incarceration • Forced Inpatient (In Custody) Therapy for

Substance Issues

• Can be part of a probation violation or original sentence • Can even be part of bond – before any finding of or plea of

guilty

• Mental Health, Forced Medication & Incarceration

for Noncompliance • An individual may be taken into custody to ‘get them

stable’ on prescribed medication

Assessing the client’s goals and needs

Harm Reduction and Criminal Defense

• Open ended and safe discussion at initial meeting about the client, encouraging the client to be candid about

o History of drug use

o History of mental health concerns

o Desires, or lack thereof, for treatment or therapy • Then open the discussion to goals and desires for the case

in light of their personal goals

• This can dictate the case strategy depending on the facts

and the nature of the offense

o To litigate or to mitigate, or a combination of both

o Get support for client through social work (CSS)

Harm Reduction and

Criminal Records Relief

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Options Available to Overcome Barriers Created by Criminal Records

Eligible Non- Convictions and

Convictions

Expunge

Seal

Ineligible Convictions

Executive Clemency

Health Care Waiver

Certificates of Rehabilitation

Licensure Hearings

Har Reduction an Criminal Records Relief

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Factors Considered Explanation of

Conviction

Proof of “Rehabilitation”

Specific to Record

Context of Criminal History in Life History

Educational and Employment

History

Reasons and Justification for Specific Relief

Har Reduction an Criminal Records Relief

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Implications of Harm Reduction on Criminal Records Relief

Inability to demonstrate rehabilitation

Delay or Denial of Petition for

Relief

Disqualification from

Employment and Housing

Har Reduction an Criminal Records Relief

Meeting Clients Where They Are

The CGLA & Chicago House Models

Meeting Clients Where They Are: The CGLAMMeeting

Meeting the client where they are

Model

◦ Interdisciplinary ◦ Empathic listening

Working through conflicting goals ◦ Empowerment focused ◦ Strength-based ◦ Education

Meeting Clients Where They Are: Thee ChicagoMMeeting Clients

Meeting the client where they are

House Model

◦ Trauma Informed Care ◦ Client Centered/Focused ◦ Holistic Approach

o Have clients fill out ROI’s for CCDOC, IDOC, Adult Probation, and Public Defender

o Encourage clients to show up to court dates

o Attend as many court dates for clients as possible

o Bring ROI to court and speak with the public defender

o Search IDOC and CCDOC

o Always check reverse name order (i.e., put first name in the last name slot)

HARM REDUCTION STRATEGIES

o If possible stand up for your client in court and address the judge regarding your client’s housing if questioned

o Put on all your charm for court officers, police officers, correctional officers, attorneys, judges, court clerks, etc.

o Call Cermak Health Services if client is not getting medical needs met

o Visit your client in jail

HARM REDUCTION STRATEGIES

Questions?