Incarcerated persons in the United States receive inadequate substance use disorder (“SUD”) treatment. Insufficient treatment during incarceration is a major contributor to recidivism and overdose. Amending the American Bar Association (“ABA”) Criminal Justice Standards may be an incremental step toward alleviating the consequences associated with the inadequacy of treatment in correctional facilities. 

Part I of this Note will demonstrate that American correctional facilities are not meeting the treatment needs of incarcerated persons with a SUD. It will also discuss how inadequate treatment during incarceration leads to a greater likelihood of recidivism and overdose. Part II will provide some suggestions for how the ABA Criminal Justice Standards could be amended to lessen the harm caused by inadequate SUD treatment during incarceration. Specifically, this Note will suggest changes that may decrease over-incarceration and promote a harm reduction philosophy conducive to lasting recovery and treatment access. 

Keep Reading