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The Litchfield Judicial District Courthouse in Torrington is home to one of Connecticut's drug court programs Credit: Courtesy CT Judicial Branch

“People don’t change” is an unattributable phrase of popular wisdom that has become a fixture in American society. Yet 20.9 million Americans are living proof of its invalidity. 20.9 million Americans, 9% of the United States population, have at least temporarily overcome an addiction.

Addiction might appear to result from a lack of self-discipline. However, the desire people suffering from addiction feel to use their drug of choice is indistinguishable from a need. The disease impairs the brain’s reward circuit, preventing a rational analysis of risk and reward. The desire to use drugs and alcohol because of the desirable effects they induce and the near inability to acknowledge their undesirable effects leads to cravings similar to hunger or thirst.

The reward circuit evolved to reinforce behaviors conducive to survival, but it leads addicts to prioritize drug or alcohol use, a behavior that can inhibit survival. Breaking this cycle is exceptionally difficult, but when it is done successfully, the transformation addicts go through in recovery is dramatic. In recovery, I have witnessed people who were once incapable of managing their own lives become the most reliable person in the lives of the individuals they once burdened.

However, the criminal justice system’s intervention can impede recovery from addiction. For simple drug possession charges, defendants can end up in prison instead of receiving the treatment they need. If a defendant is found guilty of possession of heroin, methamphetamine, or crack cocaine, they can be sentenced to up to seven years in prison or pay up to a $50,000 fine.

Benjamin Bogner

Yet prison isn’t effective at addressing the root cause of this behavior — addiction. It has not been proven to help people with a substance use disorder develop the lasting change necessary for recovery. It also doesn’t prevent recidivism as well as treatment programs do, which only a lucky few offenders may be offered as an alternative. According to the Connecticut State Department of Corrections, 79% of Connecticut’s inmates will re-offend within their first five years following their release. Connecticut would benefit from treating addiction primarily as a health issue by offering treatment and drug courts rather than punitive criminal convictions for simple drug possession charges.

Drug courts offer an alternative. Adult drug courts are estimated to reduce recidivism two years after the commission of a crime by 8% to 14%. Treatment Pathways Program (TTP) is a pretrial initiative, a form of court-ordered drug rehabilitation, available in several cities in Connecticut that assesses defendants for substance abuse disorder and potentially provides the opportunity for diversion services. Diversionary initiatives can include treatment and counseling, which have been demonstrated to help defendants be successful in recovery. These methods do not guarantee success, but under the right conditions and with proper guidance, they increase the chances of recovery. However, not all defendants will receive this opportunity; they will instead face the punitive measures typically utilized to address crime.

These programs have been labeled as an ineffective use of money by critics of drug courts. However, the cost of these programs is an investment that benefits not only the individuals but also society. Their decreased chance of recidivism and ability to contribute to the community more than offset the expenses incurred by the state. In other words, drug courts and their diversion programs are actually very cost-effective because they are effective at facilitating recovery. Studies conducted on the cost-effectiveness of these diversion programs have shown that they are consistently profitable compared to typical punitive measures. They have been demonstrated to deliver a 100% to 400% return on investment due to the program’s benefits and resulting savings.

One could argue that prisons provide a level of punishment that treatment centers do not. However, if the ultimate goal is to rehabilitate offenders, rehabilitation centers are a much better option because they are better at preventing recidivism. But what if rehabilitation doesn’t send the same message as prison? Patients facing criminal charges at rehabilitation centers recognize that avoiding the traditional procedures of the criminal justice system is contingent on their ability to stay sober. Suppose recovering addicts demonstrate the inability to commit to their programs. In that case, they will attend the trials that were initially diverted, and if they are found guilty, they will face punishments, which may include sentencing.

Drug possession offenders should have the option to attend drug court, divert their charges, and attend a treatment program. It is the compassionate approach. In the words of Nelson Mandela, “A nation should not be judged by how it treats its highest citizens, but its lowest ones.” Drug addiction is a disease; treating illicit drug possession as what it is — not a consciously committed criminal act but a symptom of the disease of addiction 一 is to provide assistance to the suffering.

Benjamin Bogner is a senior at Trinity College majoring in Public Policy and Law.