It seems that the Obama Administration’s 2012 National Drug Control Strategy has resonated in Minnesota. Last night,  officials from various Minnesota state departments convened to discuss the growing need for a new drug control strategy.

The revelation was prompted by an unsettling increase in the purity, availability, and widespread use of heroin and prescription opiates across Minnesota. At a news conference announcing the campaign, Department of Human Services Commissioner Lucinda Jesson echoed the ideas outlined in the NDCS. Jesson announced that the strategy would rely on the continued development and implementation of the state’s existing programs, focusing on prevention and treatment.

The DHS Alcohol and Drug Abuse Division plans to coordinate efforts across the criminal justice system, department of corrections, medical community, and school system. The strategy would include the strengthening of MN drug courts, an alternative to traditional incarceration that focuses on an offender’s recovery while still maintaining accountability within the criminal court system. However,  space is limited in drug courts statewide and often, participation is unavailable for many qualified offenders. This is especially true of offenders represented  by overloaded public defenders. The chances of inclusion in these programs is far greater with the involvement of an experienced MN criminal defense attorney.

According to MN Corrrections Commissioner Tom Roy, the strategy must also focus on the treatment of prison inmates who are struggling with drug addiction. “We only have 800 treatment beds,” announced Roy, “We are not meeting the needs of our offenders.”

Jesson announced that the next step in developing Minnesota’s strategy would be to examine the programs used in other states.

It is clear that further penalizing the drug user is not stifling the country’s growing demand. To truly impact the widespread and increasing use of dangerous drugs, the government’s focus must be redirected from corrections to prevention and treatment. Minnesota has the programs in place to provide such services. However, resources are severely limited and the majority of Minnesota drug offenders do not receive access to necessary medical intervention, thus perpetuating the cycle of use, abuse, handcuffs, and crowded prisons.

On Your Feet! is a project created by the Minnesota Department of Corrections and the Veterans Justice Corps. The program is designed to help assist incarcerated veterans transition back into the community.

The program is modeled after a similar project in Canada, designed by the Circles of Support and Accountability (CoSA) in 1994. The Canadian model has proven highly effective and a study of its effects has shown that offenders within the program had a 57% reduction in violent crime recidivism and a 35% reduction in overall recidivism.

Recidivism is a major concern within the criminal justice community, and the Obama administration’s 2012 National Drug Control Strategy addresses the urgent need to reduce repeat offenses in the United States.

The On Your Feet! program is staffed by volunteers and run in small groups of 407. Meetings are held 1-2 times weekly for one year, on average.

According toMN criminal defense attorney Avery Appelman, “Programs such as this which help smooth the transition from prison into the community are an integral part of the effort to reduce recidivism. On Your Feet! is tailored to address the special needs of veterans going through this process, but there are many other programs available which are designed to help a number of other demographics through the re-entry process.”

On Monday, President Obama signed new legislation which bans the two primary components of bath salts in an effort to curb the sale and subsequent use of the new designer drug. Because synthetic drug manufacturers are notorious for tweaking their formulas to circumvent current laws, the legislation also allows for the ban to include any future formulas which produce a similar effect.

Many officials argue that the ban doesn’t go far enough, however according to NY director of public education Gail Banach, “Certainly there’ll be new compounds… But if you build the higher wall, it makes it a little more difficult for the water to get over.”

Currently, one of the greatest hurdles to state legislation against bath salts is the inability to curb online sales. With federal law now presiding over the matter, interstate transfer and sale of synthetic drugs can be more readily combated.

Specifically, the federal ban targets the primary active ingredients of bath salts: mephedrone and methylenedioxpryovalerone, adding them to the FDA no-sale list. The legislation also names 31 other synthetic compounds, 10 of which are bath salts varieties.

Bath salts have received considerable attention lately after a rash of grisly crimes committed under the influence of the designer drug.

According to MN criminal defense attorney Avery Appelman, increased legal intervention may not be the solution:

“Due to the addictive qualities of bath salts and the corresponding antisocial behavior associated with their consumption, the government was forced to respond, making yet another substance unlawful to possess and distribute in Reagan’s  never ending “war on drugs.” To enforce these prohibitions law enforcement will need education and additional resources.

The best method  to prevent the use of any controlled substance is education of the end user. We need to promote a rehabilitative system to  educate and treat the users. Another law, prohibiting yet another substance that harshly punishes the users is counterproductive.”

Related Sources:

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The Federal Interagency Reentry Council is an organization that is mentioned many times throughout the 2012 National Drug Control Strategy. So, what is the FIRC?

The Federal Interagency Reentry Council was first convened in 2011 to address the problem of offender recidivism in the United States. The council gives the following examples to demonstrate how important it is to focus on reentry:

-1 in 100 U.S. adults is currently incarcerated; 1 in 15 African American men are currently incarcerated.

-95% of those behind bars will be released back into the community.

-2 in 3 released prisoners will be arrested again within 3 years.

The mission of the Council is to assist offenders leaving prison in becoming productive citizens, make communities safer by reducing recidivism and victimization, and save taxpayer dollars by lowering the costs of incarceration.

The term “interagency” refers to the collaboration of 19 different law enforcement and social service agencies:

1. Department of Justice

2. Department of Labor

3. Department of Education

4. Department of Health and Human Services

5. Department of Housing and Urban Development

6. U.S. Department of Agriculture

7. Department of Veterans Affairs

8. Department of the Interior

9. Domestic Policy Council

10. White House Office of Faith Based and Neighborhood Partnerships

11. Federal Trade Commission

12. Office of Management and Budget

13. Social Security Administration

14. Office of Personnel Management

15. United States Interagency Council on Homelessness

16. Internal Revenue Service

17. Office of National Drug Control Policy

18. Court Services and Offender Supervision Agency

19. Equal Employment Opportunity Division

The inclusion of all 19 agencies reflects the enormous struggle faced by drug offenders upon their release from incarceration and reentry into the community. The reentry council addresses many aspects of this challenge, such as employment, health, housing, substance abuse, veteran status, and financial concerns.

The Reentry Council was formed to address the issue of recidivism among drug offenders, who have unique challenges to overcome after leaving incarceration–especially in Minnesota. Last year, a study found that Minnesota has the highest recidivism rates in the country. For such offenders, it is especially important to retain an experienced MN criminal defense attorney.  Stay tuned as we continue to discuss the National Drug Control Strategy in our blog series Drug Control Strategy Decoded.

In April, the presidential administration released its 2012 National Drug Control Strategy. A major theme of the policy was the necessity of reducing the prison population, with a focus on utilizing alternatives to incarceration. The example given in the ‘Strategy’ is the continuation and increased development of drug courts nationwide.

A drug court is a unique system within the judicial branch. In contrast to traditional criminal court, drug court utilizes the involvement of criminal defense, prosecution, law enforcement, the judicial system, mental health groups, social service, and substance abuse specialists. In the drug court system, a defendant is spared jail time in exchange for close monitoring of and treatment for substance abuse issues.

Statistically, the recidivism rates for drug court participants are far lower than those of mainstream inmates. The National Drug Control Strategy identifies recidivism (repeat offenses) as a major contributor to prison overpopulation. Use of drug courts helps keep nonviolent drug offenders out of the prison system, while seeming to reduce the likelihood of repeat offenses.

Nationwide, there are over 2,000 drug courts in operation.  In Minnesota, there are 12 adult programs and 4 juvenile programs. There are also 9 DWI programs. According to the judicial branch, there are ten key components to the Minnesota drug court system:

#1: Drug courts integrate alcohol and other drug treatment services with
justice system case processing.
#2: Using a non-adversarial approach, prosecution and defense counsel
promote public safety while protecting participants’ due process rights.
#3: Eligible participants are identified early and promptly placed in the drug
court program.
#4: Drug courts provide access to a continuum of alcohol and other drug and
related treatment and rehabilitation services.
#5: Abstinence is monitored by frequent alcohol and other drug testing.
#6: A coordinated strategy governs drug court responses to participants’
compliance.
#7: Ongoing judicial interaction with each drug court participant is essential.
#8: Monitoring and evaluation measure the achievement of program goals and
gauge effectiveness.
#9: Continuing interdisciplinary education promotes effective drug court
planning, implementation, and operations.
#10: Forging partnerships among drug courts, public agencies, and
community-based organizations generates local support and enhances drug court effectiveness.

According to MN criminal defense attorney Stacy Kaye, drug court programs can be a favorable alternative for many nonviolent drug offenders.  Drug courts focus on treating the cause of the offense–substance abuse–while still holding participants accountable for their actions.

The rules within drug court can be very strict, and often the penalty for noncompliance is jail time. In this way, drug court remains part of the penal system while operating with the involvement of the mental and physical health sectors.

The National Drug Control Strategy states the through the National Drug Court Institute, the government will help fund the growth of these state-level programs. However, the demand still far outweighs the capacity. Because of this lack of resources, MN drug courts tend to be very selective when admitting participants with a preference for low-risk, non-violent, first-time offenders.

While drug court is a great option for many clients, the system does not have the resources the accommodate all qualified offenders. If you are involved in a drug offense, an experienced MN criminal defense attorney can help navigate the legal system an negotiate more favorable consequences.

Stay tuned as we delve further into the National Drug Control strategy and explore the effects on the field of criminal defense as part of our Drug Control Strategy Decoded series.