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New Alternatives for Offenders with Mental Health or Substance Abuse Problems

There are many complex reasons why someone may consider entering the criminal world, including issues that prevent them from thoroughly thinking through the consequences of their decisions. Many criminal offenders suffer from substance and mental health problems that contribute to their likelihood to reoffend and consequently are especially in need of a quality criminal defense. The criminal justice system does not have the resources or manpower to effectively deal with these issues, and the jails and prisons where these offenders end up are usually forced to try and contain them until release.

Indiana, recognizing the prevalence of this issue, created a new program that will offer treatment-based alternatives to jail or prison for offenders with mental health and substance abuse problems that do not have insurance or the financial means to pay for treatment on their own. The program, titled Recovery Works, became live in early November and allows officials in the criminal justice community to divert felony offenders to treatment programs for mental health or substance abuse problems instead of ordering them to prison in hopes of breaking the cycle that commonly leads to reoffending. A description of the program and its basic components will appear below.

Overview of the Program

As stated above, this program is aimed at low-income criminal offenders without health insurance that suffer from mental illness or addiction. It is intended to provide a treatment alternative to incarceration and as a recovery service for those recently released from jail or prison as they reenter society and was created as part of the criminal sentencing reform enacted by the Indiana Legislature earlier this year. This program will not completely replace the involvement of the criminal justice system because it is seen as a supplement to community supervision.  

In addition to a lack of health insurance, eligible participants must be at least 18 years old and have income 200% below the federal poverty guidelines. Participants will receive vouchers worth up to $2,500 that they can use on mental health and addiction assessments, drug screenings and for transportation to and from the treatment center. Once a provider is notified about a new participant, it must contact the participant within two to five business days to schedule an in-person appointment. At this appointment, the provider must complete a mental health and substance abuse disorder assessment and formulate an individual recovery plan so the participant can understand the changes needed to successfully complete the program. Successful completion will result in dismissal of the original charges.

Types of Treatment Offered

Under the new law, programs for addiction disorders can include the following types of treatment:

  • Addiction counseling;
  • Detoxification;
  • Case management;
  • Living skills; and
  • Medication assisted treatment.

Mental health counseling and psychiatric evaluations are authorized for mental-illness-related conditions. Mental health counseling should be conducted with the following guidelines in mind:

  • Include education on mental health disorders; and
  • Provide skills training in communication, anger management, stress management, and relapse prevention.

This type of counseling can be individual, group, or family-based. As for psychiatric evaluations, it should consist of:

  • Symptom assessment;
  • Medication services; and
  • Monitoring of overall physical, nutritional, and behavioral health that may be contributing to a condition.

The participant may be confined to an institution to receive treatment, released on the participant’s own recognizance to receive treatment, or be under community supervision while the treatment is on-going.

Hire an Attorney

Regardless of the circumstances, if you are facing criminal charges for an offense, hiring a lawyer is critical to protecting your rights and providing you a chance to avoid jail time. Christopher L. Arrington, P.C., represents clients on a variety of criminal matters in the Indianapolis area. Do not face the government alone. Contact him today to schedule a confidential consultation.



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