Substance Use & the Criminal Justice System

In America, individuals incarcerated for drug-related crimes cycle repeatedly through the prison system, while their underlying struggle with substances is unaddressed, leaving a wake of mental health disorders, broken families, and burdened social systems. Each cycle through the criminal justice system not only deepens personal trauma and addiction but also exacerbates community harm, draining resources without delivering solutions. This revolving door highlights a fundamental flaw in the current approach. Punishment alone does not heal addiction; it perpetuates it.

As of 2017, up to 63% of sentenced inmates meet the clinical criteria for substance abuse or dependence, a rate shockingly higher than the general population’s roughly 5%. Despite this overwhelming evidence, the US criminal justice system continues to prioritize incarceration over meaningful treatment and rehabilitation. As a result, communities bear the escalating social and economic burdens of a system that fails repeatedly, while families watch helplessly as loved ones remain trapped in addiction.

Yet, this issue isn’t without solutions. A growing body of evidence confirms that treatment-based interventions are significantly more effective at addressing drug abuse, addiction, and related issues. Efforts like diversion programs, medication-assisted treatments, and specialized rehabilitation courts have proven to reduce repeat offenses and foster lasting recovery. Rather than perpetuating cycles of incarceration, these approaches offer individuals struggling with addiction a genuine opportunity for recovery and reintegration.

The Shortcomings of Punitive Measures

At first glance, incarceration may seem like a straightforward response to drug-related offenses: punish criminal behavior, deter others, and keep communities safe. However, this approach often fails to address the complex realities of addiction. Without effective treatment, individuals struggling with substance use disorders (SUDs) frequently return to society unchanged, perpetuating a cycle of addiction and criminal behavior.

The consequences of prioritizing punishment over rehabilitation are stark. Studies indicate that approximately 65% of the U.S. prison population has an active SUD, and an additional 20% were under the influence of substances at the time of their crime.  Despite these high numbers, many incarcerated individuals receive little to no drug treatment during their sentences. Consequently, upon release, they are ill-equipped to manage their addiction, leading to high recidivism rates. Specifically, about 68% of released prisoners are rearrested within three years, and this rate increases to 83% within nine years.

Incarceration also imposes significant psychological, social, and economic costs. Individuals with untreated addiction often experience deteriorating mental health during imprisonment due to isolation, stress, and limited access to healthcare resources. Upon release, they face substantial barriers—such as housing instability, employment challenges, and social stigma—that heighten the risk of relapse and reoffending.

Financially, the costs of incarceration are substantial. In 2015, a study published by the Vera Institute of Justice showed the average annual cost per inmate in state prisons was $33,274, with figures ranging from $14,780 in Alabama to $69,355 in New York. More recent data from 2021 shows that spending per prisoner varies significantly across states, from just under $23,000 per person in Arkansas to $307,468 in Massachusetts, with a median state expenditure of $64,865 per prisoner. These expenditures represent a significant financial burden on taxpayers, especially considering the high recidivism rates that suggest limited returns on this investment.

In essence, the punitive model is failing both individuals and communities. By neglecting the medical and psychological dimensions of addiction, incarceration alone remains fundamentally ill-equipped to produce lasting change or genuine rehabilitation.

Why Treatment-Based Corrective Approaches Work Better

Shifting the focus from punishment to treatment is not only compassionate but scientifically proven to yield significantly better outcomes. Unlike punitive measures, treatment-based approaches acknowledge that addiction is fundamentally a health condition—one requiring medical intervention, counseling, and consistent support rather than punishment.

Numerous studies underscore the effectiveness of comprehensive addiction treatment programs, particularly when combined with continued support after release from incarceration. According to research conducted by Stanford’s Addiction Policy Forum, individuals who participated in prison-based treatment followed by structured community-based programs were seven times more likely to remain drug-free and three times less likely to be arrested for criminal behavior compared to those who received no treatment.

Evidence-Based Alternatives to Incarceration

In recognizing addiction as a public health issue rather than solely a criminal one, numerous evidence-based alternatives have emerged, offering effective solutions that incarceration alone cannot. These alternatives emphasize rehabilitation and sustained recovery over punishment, significantly reducing recidivism and promoting positive long-term outcomes.

Diversion Programs

Diversion programs, such as Law Enforcement Assisted Diversion (LEAD), represent a critical shift toward health-centered interventions. Instead of arresting individuals for low-level, nonviolent drug offenses, police officers refer them directly to behavioral health services. The pioneering LEAD program in Seattle, for example, resulted in participants being 58% less likely to be rearrested compared to individuals processed through traditional criminal justice channels. Participants also experienced improved housing stability, employment outcomes, and overall quality of life.

Medication-Assisted Treatment (MAT)

Medication-assisted treatment has become a cornerstone of effective addiction care, integrating FDA-approved medications like methadone, buprenorphine, and naltrexone with behavioral therapies and counseling. The National Institutes of Health have documented MAT’s effectiveness, reporting significant reductions in illicit drug use, criminal activity, overdose deaths, and transmission of diseases such as HIV and hepatitis C among those receiving treatment. Crucially, MAT has shown effectiveness in both community settings and correctional facilities, emphasizing its potential to transform addiction care within the justice system.

Rehabilitation-Focused Courts (Drug Courts)

Specialized drug courts or rehabilitation-focused courts have reshaped how the criminal justice system interacts with individuals struggling with addiction. Drug courts combine rigorous supervision, regular drug testing, comprehensive addiction and mental health treatment, and judicial oversight. Programs like Texas’ problem-solving courts have achieved impressive outcomes, boasting a 75% compliance rate among participants and a reoffense rate as low as 28% over two years. Similarly, Michigan’s Midland County Drug Court, recognized nationally for its success, has enabled countless individuals to reclaim productive lives through structured treatment, employment support, and family reunification. These courts produce substantial cost savings, reducing criminal justice expenditures by approximately $6,744 per participant, while dramatically improving individual outcomes.

Benefits of Treatment Over Incarceration

The benefits of prioritizing treatment over incarceration extend far beyond individual recovery, significantly improving public health, community safety, and economic stability. By adopting a treatment-first model, communities reap long-lasting rewards, from reducing crime and recidivism to enhancing public safety and fostering societal well-being.

✅ Reducing Societal Costs

A primary advantage of emphasizing treatment-based approaches is the substantial reduction in societal costs. According to studies analyzing rehabilitation-focused programs, every dollar invested in treatment and rehabilitation generates approximately $5.54 in savings related to crime reduction, lower incarceration rates, and decreased healthcare costs. Such cost savings can be redirected toward enhancing community resources, expanding educational opportunities, and further strengthening addiction treatment programs.

✅ Enhanced Public Safety & Reduced Recidivism

Treatment-based interventions lead directly to safer communities. Individuals who receive comprehensive addiction treatment are significantly less likely to reoffend or engage in drug-related crimes, thereby reducing the overall crime rate. For instance, research consistently shows that drug court participants are about two-thirds less likely to commit new crimes than individuals subjected to traditional criminal justice methods. This improved public safety helps state and local governments create an environment in which communities can thrive.

✅ Improved Public Health Outcomes

Prioritizing treatment also markedly improves public health outcomes. Medication-assisted treatment (MAT), counseling, and rehabilitation reduce risky behaviors associated with drug use, such as needle-sharing, thereby lowering the incidence of HIV, hepatitis C, and other infectious diseases. Research confirms that MAT recipients show significantly reduced rates of opioid overdose deaths, further demonstrating treatment’s direct impact on life preservation.

✅ Increased Awareness & Community Support

Shifting addiction treatment from a criminal to a public health framework helps destigmatize substance use disorders. When addiction is openly acknowledged and treated as a medical condition, communities are more likely to offer support rather than judgment, empowering individuals to seek help proactively. A 2024 poll revealed that 75% of Americans now view substance use disorders as primarily health-related issues rather than criminal matters. This cultural shift enables more individuals to access treatment without fear of discrimination or punitive consequences.

Working Toward More Effective Treatment-Based Solutions

The relationship between substance use disorders and the criminal justice system demands urgent reconsideration. Decades of evidence highlight the fundamental truth that punitive measures alone do not effectively address addiction, nor do they enhance public safety. Instead, incarceration without treatment perpetuates cycles of addiction, recidivism, and community harm.

Treatment-based approaches effectively tackle the underlying causes of addiction, dramatically reducing recidivism, lowering public health risks, and saving significant taxpayer dollars. Prioritizing rehabilitation over punishment transforms lives, strengthens families, and rebuilds communities from the ground up. Investing in comprehensive treatment and rehabilitation programs should become a central pillar of criminal justice policy, accompanied by the expansion and funding of diversion initiatives, treatment facilities, and specialized drug courts nationwide.

As individuals and communities, we have an opportunity and a responsibility to advocate for a compassionate, pragmatic shift in how society addresses substance use disorders. At Psyclarity Health, we remain deeply committed to championing compassionate, effective treatment-based solutions. We believe recovery is not only possible—it’s essential. The time to act is now. By championing rehabilitation over incarceration, we can create meaningful change, one life at a time.

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