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transcript
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
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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
m m d dd
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
m m d dd
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?