Public Defenders, impacted New Yorkers, and elected officials came together for a day of advocacy calling on lawmakers in Albany to pass the Treatment Not Jail Act.

The groundbreaking legislation will ensure that New Yorkers with substance use challenges, mental health concerns, and other disabilities have an off-ramp from the criminal legal system to obtain treatment and support in their communities rather than jail. As the humanitarian crisis in the City’s jails, which claimed sixteen lives last year, continues unabated, urgent action is required.

Currently the option of judicial diversion – which allows individuals to seek treatment in drug courts rather than jail – is extremely limited. The proposed law will expand eligibility beyond substance dependence to those who live with mental health diagnoses, intellectual disabilities, and other debilitating conditions that have played a role in the criminal legal involvement. It will also allow the option of diversion to be considered for a much wider range of charges. Another powerful aspect of the bill is that it will not require people to plead guilty to avoid destabilizing collateral consequences with immigration, employment, and housing.

The bill represents a pragmatic shift towards a more holistic and harm-reduction-oriented understanding of recovery. It requires that treatment court judges and personnel receive specialized training in the tenets of procedural justice, ensuring that all diversion participants are treated with the dignity and respect they deserve.

The expanded judicial diversion legislation will also significantly protect public safety. Jail and prison are now known to increase recidivism, whereas justice-involved treatment courts decrease the risk of re-arrest. Rehabilitation offered through this act is a significant step toward keeping our communities safe, as well as addressing the mental and behavioral health needs of our cherished family members and neighbors.

“It has never been more apparent that jail only serves to undermine public safety, including the individual safety and well-being of those trapped in this crisis of Rikers Island,” said Tina Luongo, Attorney-In-Charge of the Criminal Defense Practice at The Legal Aid Society.

“The Treatment Not Jail Act offers an urgently needed pathway to treatment for thousands of people who are languishing in jail with mental health diagnoses, developmental disabilities, and substance use disorders,” they continued. “By incorporating evidence-based principles of harm reduction and shifting treatment-related decision-making to clinically trained experts, this legislation brings us one step closer to realizing a criminal legal system that is rooted in humanity, community well-being, and evidence-based practices.”