As of September 1, 2024, there are 17 states with clear deflection pathways articulated in state law, steering people with substance use and/or mental health disorders away from incarceration, according to new data published by the Temple University Center for Public Health Law Research.
Deflection laws provide an alternative to arrest intended to provide opportunities to access treatment for individuals with substance use disorder and/or mental health disorder(s) in need of support services.
New research by the Center for Public Health Law Research with funding from the Foundation for Opioid Response Efforts (FORE) shows this potentially life-saving opportunity for care and support is authorized in about one-third of US states.
“Deflection offers individuals the voluntary option to remain outside of the justice system and seek support. Alternatives to arrest allow first responders to better identify and support the needs of a community, encourages and enables people to seek the help they need, without involvement of the justice system that can complicate health and create barriers to care,” said Jon Larsen, JD, MPP, legal technology manager at CPHLR and the lead researcher on this project.
The data capture details of deflection laws in all 50 states and the District of Columbia as of September 1, 2024, identifying who qualifies for deflection, when deflection may be used, and how the programs are monitored and evaluated by the state.
Some other findings from the data include:
· Of the 17 states with deflection laws, 13 have specific criteria for who qualifies for deflection.
· Five of those states provide access to deflection without qualifiers.
· Twelve states authorize deflection through crisis intervention.
· Six states require evaluation of their deflection programs.
Deflection programs are an evidence-based opportunity identified by CPHLR experts to integrate state and local government drug policy efforts. Read more about deflection and drug policing opportunities in the Whole-of-Government and Drug Policing Report here.
The first deflection program in the United States began in 2011 in Seattle. Estimates in 2020 suggest that there are about 850 sites across the country, but only those in the 17 states with laws are supported by clearly articulated pathways.
“These data provide us with a clearer picture of the legal landscape and a nuanced look at the approaches state to state. We hope researchers, advocates, policymakers and others are able to use these data in their work to support communities to the best of our ability,” said Larsen.
The dataset is part of a collection funded by FORE to understand how law and policy are shaping response efforts to the opioid crisis in the United States. The datasets capture laws governing drug decriminalization, drug paraphernalia, drug induced homicide, Good Samaritan laws, Medicaid expansion and 1115 Waivers, and the proceedings related to opioid settlement litigation. These datasets and more can be explored on LawAtlas.org.
The Center for Public Health Law Research at Temple University Beasley School of Law creates and advances research on the health effects of laws and policies. Learn more at phlr.temple.edu.