Treatment Not Jail Campaign for New York State wants NYers who need treatment to have an off-ramp from criminalization and incarceration. Mass incarceration is fueled by New York’s failure to provide adequate services to address mental health and substance use needs. Judicial diversion, which allows people to access necessary treatment through the court system, serves only a small percentage of those in need of treatment. Amending Criminal Procedure Law Article 216 of the judicial diversion law expands eligibility for treatment for court-involved individuals and shifts the presumption from incarceration to community support. The Treatment Not Jail Act will ensure that New Yorkers with disabilities and other health-related challenges are provided an opportunity to obtain treatment and support in their communities.
WHAT DOES THE TREATMENT NOT JAIL ACT DO?
· Expands New York’s judicial diversion law by including people with mental health challenges, intellectual, neurological, physical, and other disabilities, who can benefit from treatment.
· Ensures that treatment court participants are not jailed without due process.
· Eliminates coercive and ineffective mandated treatment by permitting participation in treatment court without requiring a guilty plea.
· Expands eligibility by eliminating charge-based exclusions.
· Encourages judges to strongly consider the best clinical options for each participant and prioritize behavioral health needs over punitive responses.
GET INVOLVED
· Contact your New York State legislators and tell them to support Treatment Not Jail!
· To learn more or to get involved, contact tnjcoalition@gmail.com.
· Twitter: @TNJACT · #TreatmentNotJail