By Daniel Ades Center for Justice Innovation Jessica Kay 

3,026 New Yorkers lost their lives as a result of a drug overdose in 2022, a 12% increase from the prior year and the highest number since reporting began in 2000. This increase in overdose deaths was evident across all five boroughs, and it expanded inequities based on race, age, income, and geography.[1] Throughout the process of conducting quarterly meetings, the RxStat[2] Overdose Fatality Review Committee (OFR) realized that many individuals who fatally overdosed in New York City had previous contact with the criminal justice system. A brief review of the 20 OFR cases examined since June 2021 indicated that only one of them had no recorded criminal justice interaction.[3] According to the New York State Office of Addiction Services and Supports (OASAS), persons with criminal justice involvement account for 47% of all treatment admissions to OASAS-certified programs.[4] However, for the reasons discussed below, criminal courts are not always the optimal setting for individuals struggling with problem drug use to access treatment services. Ideally, preventive community-based treatment providers would intervene in an individual’s problem drug use before the related behavior leads to criminal court involvement. Even so, given the reality of increased overdose deaths and the prevalence of problem substance use among individuals caught up in the criminal justice system, there was a clear need to explore the role of the courts in responding to individuals with substance use issues and preventing overdose fatalities. On September 19, 2023, RxStat and the Center for Justice Innovation facilitated Substance Use, Overdose Prevention, and the Courts: A Citywide Collaboration at New York Law School to address issues related to this epidemic of overdose fatalities. The all-day event[5] focused on the role of the courts as an intercept point in addressing substance use disorder and preventing fatal overdoses, with an emphasis on communication among stakeholders in the criminal justice system, across boroughs, and between the many disciplines and agencies reflected in the event’s participants. Indeed, a primary inspiration for the event was bringing together the court-based perspectives with those of clinical and public health professionals to deepen the dialogue and establish connections between participants who struggle daily with the same issues but may not be aware of each other’s challenges. This report not only documents the differing viewpoints and major themes from the day, highlights critical questions raised, and summarizes innovative approaches being employed throughout the city—it is also intended to serve as a catalyst for continued dialogue between participants and make recommendations for court stakeholders to consider in trying to expand the number of individuals who could access potentially life-saving treatment as a result of their court involvement  

New York: Center for Court Innovation, 2024. 20p.