Jenkins, Harris: Leading the way to sensible policy on drug use

After decades of pursuing failed policies in the name of waging war on drugs, elected officials now claim to seek sensible approaches to drug use. For this reason, we should expect our representatives to support Law Enforcement Assisted Diversion (LEAD), a policy that can both save taxpayer money and address the harms associated with drug use.

LEAD allows individuals suspected of low-level, non-violent drug possession to be diverted away from the criminal justice system. Instead of jail or probation, these individuals are assigned case managers who help them access community services, including drug treatment. By not automatically saddling individuals with a criminal record, LEAD offers people found in possession of drugs the opportunity to become, or continue to be, productive members of society. And by giving people who suffer from a substance use disorder the opportunity to enter treatment, LEAD can play an important role in addressing the opioid epidemic.

LEAD has been adopted in several cities, including Seattle; Santa Fe, N.M.; Albany, N.Y.; and Baltimore. In Seattle, where LEAD was first implemented, people enrolled in the program were 58 percent less likely to be arrested later than those who were not offered LEAD. The lower rate of recidivism among LEAD participants resulted in local taxpayers saving millions of dollars that would have otherwise gone toward the expensive and ineffective incarceration of people who use drugs.

Not everyone found in possession of drugs by the police has a substance use disorder, but many do, and the odds are they do not have access to the care they need. Only 10 percent of people who need drug treatment in the U.S. actually receive it. This is mainly because of the lack of treatment options and affordable health care, but it is also due to the fact that many people with a disorder do not know how to access the treatment options that are available to them. With LEAD, those most at risk for a disorder are easily identified through interactions with law enforcement. They are then put in direct contact with case managers who can assess their needs and discuss treatment options. Identifying people in need of substance use treatment and actually meeting their needs are a crucial part of responding to the opioid epidemic, one in which LEAD can play an important role. And while some critics may be concerned that a program like LEAD could encourage drug use, the evidence to date indicates this is not the case.

In the past decade, Texas has emerged as a leader in criminal justice reform. Through bipartisan cooperation the Texas Legislature has enacted reforms that have markedly reduced the number of Texans serving time in prison and jail for low-level offenses. LEAD is an important continuation of these efforts to reduce incarceration without compromising public safety. Harris County, which has the most crowded jail in Texas, would benefit significantly from LEAD. The county's local leadership - including District Attorney Kim Ogg, Sheriff Ed Gonzalez and County Commissioner Rodney Ellis - has demonstrated support for pragmatic criminal justice policies, suggesting that LEAD would be a good fit for the county. With federal funding and support from our national representatives, Harris County could implement LEAD and reap the benefits, including lower incarceration rates, criminal justice cost savings and greater opportunities for people with disorders to access treatment services.

Right now, U.S. Rep. John Culberson, a Republican representing Harris County and Texas' 7th Congressional District, plays a critical role in ensuring that Harris County has the opportunity to implement LEAD. Earlier this year, the Senate Appropriations Committee approved a bill that contains $2.5 million in funding for LEAD. The House version of the bill does not include this funding, and Culberson, as the Chair of the House committee, will decide whether the funding approved by the Senate will survive in the final bill. We urge him to continue Texas' role as a leader in criminal justice reform and support this funding. Federal funding for LEAD would not only support the many communities that have already adopted it, but it could also ensure LEAD's implementation in other parts of the country, including our own.

Jenkins serves as Texas Criminal Justice Coalition's Project Attorney in Harris County. Neill Harris, Ph.D., is the Alfred C. Glassell, III, Fellow in Drug Policy at the Baker Institute. They are the co-authors of "Fake Weed, Real Consequences: Effective Strategies for Addressing Synthetic Cannabinoids in Houston."