Law Enforcement Assisted Diversion programs in cities like Seattle primarily help low-level offenders, especially the poor and homeless, avoid jail. Photos by the author
A man is stopped by the
police. He has seven grams of crack, and is selling it on the street. He's
black. The cop asks him a series of questions, ending with,
"Would you like some assistance with the problems that led you to selling drugs
on the street today?" In this case, "assistance" doesn't mean a jail sentence,
but a case manager that can offer help finding the man housing, a job, health care, and
substance abuse treatment.
It sounds like some kind of Scandinavian dream, but in some American cities,
this is actually happening. Take Seattle, where former public defender Lisa
Daugaard wanted to take on racial inequality in the justice system. "But you
can't be serious about that if you don't take on drug enforcement," she says. For years, she filed motions accusing the Seattle police of racial profiling, before meeting with cops to work out a way to avoid locking up so many people of color for minor offenses.
The population of King County, where Seattle is located, is only about
8 percent black, but black inmates represent roughly 36 percent of county jail inmates. Nationally, the war
on drugs has had a similarly disparate effect on people of color: While
America is 13 percent black, black inmates
make up 40 percent of the over two million people incarcerated in this country. A black man between the ages of 20 and 34 is nine times more likely to be jailed than his white counterpart. Together,
blacks and Hispanics make up just over a quarter of the country's population but nearly 60 percent of those
incarcerated.
In July this year, more than
30 jurisdictions were represented at a White House event where Daugaard and
others presented on the success of Law Enforcement Assisted Diversion, or LEAD,
since it began in Seattle's Belltown neighborhood in 2011. The program is designed to replace some
policing practices and divert some low-level drug and sex work offenders from
local jails. In Seattle, as in many cities in the US, these offenders are often
chronically homeless and struggle with either mental health or substance abuse
issues, or both.
Santa Fe, New Mexico,
implemented LEAD in
April
2014
, targeting heroin and opiate users and subsistence dealers. Albany,
New York, has
signed a memorandum of understanding between local government entities to get
their own program off the ground. City officials in Atlanta are expected to
vote this month on the creation of a design committee for their own LEAD pilot,
which would be supported by an
Open Society Foundation grant also awarded to Los Angeles, Philadelphia, and four
others jurisdictions devising their own LEAD program. Baltimore, Chicago, Houston, New
Orleans, San Francisco, and others are considering LEAD, too, suggesting a genuine alternative to some of the worst policies of the war on drugs is closer than you might think.
One evaluation of LEAD in
Seattle found that participants were
87 percent less likely to be incarcerated after their initial diversion than
members of the non-LEAD control group. (Another
study
found a 58 percent reduction.) The annual cost associated with people in the LEAD group dropped
by an average of $2,000, while control group costs rose nearly $6,000. Daugaard argues that a
better measure of cost savings could be done after LEAD is implemented to
scale—since right now it's limited to Belltown, a notoriously crime-ridden
part of downtown—when perhaps a courtroom or wing of a jail
could be shut down. But even now, she argues, LEAD "achieves significantly better
outcomes and is somewhat less expensive... so there's not much of a case to keep
doing the system as usual".
The program is addressing
longstanding racial inequality in the city's justice system, one that offers
hope for the rest of the country.
"When LEAD came I feel
like we managed to identify a whole community of people that we had not been
serving, that were mostly African-American," says Chloe Gale, co-director of a program within Evergreen Treatment Services, a local social services nonprofit that houses LEAD. The new clientele had similarly severe mental health and
substance abuse issues and medical conditions, but had lacked the same level of
access to services as others. "Their constant movement through
the criminal justice system was so disruptive to them making any progress in
any other service system," Gale argues.
Daugaard
and the Defender Association's Racial Disparity Project brought together the American
Civil Liberties Union, law enforcement
officials, the elected prosecutor, the city attorney, a local social services
organization, and the neighborhood business association back in 2011 to
spearhead the
first known US pre-arrest
diversion program for narcotics and sex work charges. Years of litigation during which the
ACLU challenged Seattle's alleged "selective enforcement of drug laws against African
Americans" did little to resolve the dispute between prosecutors and public
defenders, but both sides acknowledged that policing and prosecuting tactics at
the time weren't effective, regardless of whether that was a result of racial
bias. Ultimately, Steve Brown, the Seattle Police Department's narcotics
captain at the time, posed a question that led to LEAD's creation: What do you
propose we do instead?
"We
were coming at this possibly for different reasons but with the same degree of commitment
to ending a stupid—a really stupid—era in American history," Daugaard says.
"In most cities there is a
population of very high-rate, low-level repeat offenders," explains David
Kennedy, a professor at the John Jay School of Criminal Justice in New York.
"There's a heavy overlap between these folks, and drug and alcohol problems,
mental illness."
While enforcement-based approaches, such as incarceration and
probation, are appropriate for some, Kennedy says, when people seem to become
"immune" to punishment, continuing to punish them is ineffective and
inefficient. For evidence of
this we need look no further than the regularity with which they commit
low-level crimes: "If what we were doing was working,
they would not be high-rate repeat offenders," he says.
LEAD's success using case management that does not require
abstinence to reduce arrests came as no surprise to a Seattle man named Ron Jackson who has been receiving social services for 30 years. "I mean if you
look around see a homeless, single adult, that typically means that
either they're addicted and/or mentally ill, and in many cases it's both of
those," he says. "Expecting them to pull themselves up by their own bootstraps is just
ludicrous."
Another local man named James, who was sober for 76
days when we met—the longest he'd gone without using in years—could be in a very different
place in his life had LEAD existed a decade ago. The black 31-year-old has
been homeless in Seattle for over eight years, and addicted to methamphetamine.
He was arrested for trespassing years ago, he said, just the kind of
homelessness-related offense that can connect individuals to case management
today.
Regardless
of whether a crime has been committed, LEAD police officers—those in the
department who are trained in and implement the program—can refer low-level
offenders to case managers before any arrest is made, allowing the individual
to evade the barriers that come with an arrest or conviction on their criminal
record.
Discretion as to which
low-level offenders are offered participation in the diversion program is left
to law enforcement officials. There are
roughly
320 participants
in Seattle's program so far, many of whom are referred not as an
alternative to arrest but through "social contact referral," an avenue designed
to allow law enforcement officials to refer individuals they think would
benefit from the program.
These people are given 30
days from the referral to enroll in the program, after which a warrant is
issued for their arrest. (According to Daugaard, over 90 percent of those
referred to LEAD in Seattle enroll.) If they do choose to participate,
individuals are asked to create a list of goals, which the case
manager generally supports, financially and otherwise. Participants' goals
range from reconnecting with estranged family members to receiving job
training. But unlike
many pre-trial diversion programs that
take place within drug courts, LEAD
participation is not contingent on being—or even aspiring to—abstinence from
drugs. Examples of support include housing, meals, clothing, job training, help
with civil legal matters such as Medicaid or disability benefits enrollment, rehab
and methadone treatment, and a range of recreational activities, like a gym
membership or art supplies, that case managers say help quell drug dependency.
"We like to think of it as
the bridge you cannot burn," Gale of Evergreen Treatment Services says, referring to the participant–case manager relationship. Once enrolled in LEAD,
the participant is eligible indefinitely as long as they don't end up in drug
court and aren't sentenced to prison for a year or more. Participants aren't
required to meet goals or reduce drug use, but only to engage with caseworkers
in some way.
The program's use of a
"harm-reduction model," where abstinence is markedly absent from the conditions
required to receive services, is a central component of LEAD. Some elements of
the public health approach
founded in the 80s may sound familiar thanks to needle exchange programs and the use of
designated drivers. Harm reduction is centered around acceptance of licit and
illicit drug use
—"a part of our world," as advocates say—and aims to minimize harmful or negative
effects on the individual and the community. Lately, the approach
has gained traction as largely white, suburban communities search for ways to
reduce heroin overdosing.
"The goal in drug court is,
'Are you drug-free?'" explains Dan Satterberg, Seattle's prosecuting attorney.
Treatment programs in drug courts require abstinence and are offered after the
arrest and booking has been recorded. If the individual has a "dirty" urine
analysis—random testing is often part of the program—they are sent to
jail. But public health and criminal justice reform advocates argue that
relapse when reducing or eliminating drug use is likely, and "does not mean
that treatment has failed," as
noted by
the government-funded National Institute on Drug Abuse. Satterberg says the
emphasis in LEAD is instead placed on getting people off the street and
committing fewer crimes, which he believes is working. "If you try to help
people on the margins of society, it turns out you have better luck than if you
punish them," he says.
A prominent homeless encampment, or village, in Seattle
King County Metro Police
Captain Marcus Williams and his colleagues knew a large majority of the
"frequent flyers" in the jail system, now LEAD participants, before the diversion
program began. The program gave him a chance to offer help for the drug
dependency, psychosocial illness, and homelessness issues he saw long ago. "I
think it's really changed the attitude of police as far as how do you
best deploy your resources," he says. "Do you spend your time continuing
booking people in jail for small offenses, or do you try and engage them in
something different than what you've been doing for a long time that isn't
working?"
The culture change hasn't
gone unnoticed among Seattle's most vulnerable citizens.
"None of our clients—the
people sleeping on the street—had much experience with the cops helping them," Daugaard
says. The idea that an officer would ask if you wanted help, and would then
take you to a case manager and not a jail cell was, for them, unprecedented,
she says. "People were very skeptical of that." So skeptical, in fact, that
some who witnessed the police diverting a LEAD participant by opting not to
make the arrest suspected they were confidential informants for the cops.
In Santa Fe, New Mexico, LEAD
has been
ongoing
since last spring and primarily targets opioid users. New Mexico has seen one of the highest rates in the nation for unintentional overdose deaths for two decades, about a
third of which were caused by heroin. But the state has seen a sharp rise
in the number of deaths due to opioid pain relievers such as morphine and oxycodone.
Unlike in Seattle, LEAD participants
in Santa Fe are largely Hispanic, the majority of them young women, and "marginally
housed," which is to say lacking a stable home of their own but finding places to stay with
friends or family, according to Emily Kaltenbach with the Drug Policy Alliance
in Santa Fe. Social contact referrals are a crucial avenue for many—nearly half
of the participants accessed services this way. An evaluation of the program is
underway, but Kaltenbach expects it to show reduced
recidivism, which would save the city money since it
currently has a contract with the county jail to pay per bed.
Still, it's not what
Kaltenbach argues would be best from a public health perspective. "Ideally it
would look like Portugal, where all drugs have been decriminalized and
problematic drug use is treated as a health issue and not a criminal one," she
says, pointing to the policy the country adopted in 2001 when it decided that,
after decades of waging a war on drugs, individuals found with any drug would be sent to a team of a doctor, a lawyer, and a social
worker for treatment or a minor fine and no penalty otherwise. LEAD, she says,
is as close to the Portugal model as American has gotten to date. "Although it
still resides in the law enforcement criminal system, it's at least considered
to be treated as a health issue pre-booking, so we're eliminating the entry
into the criminal justice system."
Watch late VICE Prison Correspondent Bert Burykill try to keep it on the straight and narrow after getting out from behind bars.
Albany, too, is set to
begin the pre-arrest diversion program after help from Kaltenbach and others at
the Drug Policy Alliance. Like those Seattle and Santa Fe, the New York capital's program
would be partially funded by private foundations, but will also be supported by
the Affordable Care Act, a.k.a. Obamacare.
All three cities
implementing LEAD are in states that have expanded Medicaid, critical to the
program's affordability. "That is the key in making a lot of this happen," explains
Steve Krokoff, former police chief in Albany and chief of police in Milton,
Georgia, a suburb of Atlanta. He says that having the insurance in place makes staying
on medication for mental illness, for instance, much easier, and the individual
in turn is less likely to commit a crime related to their illness.
This month, Atlanta's city
council will vote on whether to establish a committee of stakeholders to design
a pilot LEAD program of their own. But funding sources remain uncertain. Atlanta Police
Department Deputy Chief Joseph Spillane says the best-case scenario is one where a non-profit organization "takes the lead" and secures funding
for the social service resources and case management support.
"The resources have to be
there for us to divert them to," he says. And with state leadership
historically opposed to Medicaid expansion, the poor, homeless, mentally ill and/or substance
addicted population LEAD advocates want to target in the city will be
hard-pressed to secure the support the
diversion program is based on.
Some things change faster than others.
Follow Camille Pendley on Twitter.