Remarks of District Attorney Conley on the “Road to Recovery” Treatment and Diversion Program

BOSTON, Dec. 7, 2017—Suffolk County District Attorney Daniel F. Conley today delivered the following remarks on his office’s Road to Recovery drug treatment and diversion program:

“Today we’re announcing an ambitious new pilot program in Dorchester court to put low-level, non-violent drug offenders on a fast-track to treatment instead of traditional prosecution. It’s called the Road to Recovery project, and it offers meaningful intervention on to persons accused of simple drug possession – helping them in the short term and improving public safety in the long term.

“Addiction is a disease that can be treated. But for years, treatment options have been limited, and even out of reach for the people who need them most.  As a result, law enforcement and correctional personnel too often become the de facto service providers for people with substance abuse disorders.  That’s why I’m so proud to launch this groundbreaking partnership with two agencies that work every day with people suffering from addiction – the Gavin Foundation and the Boston Police Department.

Suffolk County District Attorney Daniel F. Conley (at podium) announces a pilot initiative that will divert people with addiction disorders into treatment and away from the criminal justice system. Conley was joined by Boston Police Commissioner William Evans and John McGahan, executive director of the Gavin Foundation, who are partners in the project.

“Beginning next month, if members of the Boston Police find someone in simple possession of a controlled substance who presents no other apparent risk to public safety, they won’t make an arrest. Instead, they’ll issue a summons for that person to appear in court.  In many cases, Boston Police already opt to issue summonses instead of making arrests, but Road to Recovery summonses will be for the very next day instead of several weeks later, allowing us to strike while the iron is hot and there’s still an incentive to seek treatment.

“Once at the courthouse, eligible candidates will have an opportunity to avoid arraignment. They’ll meet with Suffolk prosecutors who will offer comprehensive recovery services, from detox to counseling, through the Gavin Foundation.  If a person accepts the offer and completes the three- to six-month program successfully, then the criminal charge will never issue.  The participant can focus on getting clean and staying sober, instead of fighting the case or paying fines and fees.

“It won’t matter if it’s your first, second, or fifth straight possession offense – if you want to get clean, we want to help.

“Participants will still have access to a lawyer if they wish, but because the program effectively replaces traditional prosecution, it should drive down the cost of public counsel and regular court dates. And if the participant successfully completes the treatment plan, he won’t just avoid a conviction – the case will never even be entered on a criminal record.

“The charges will disappear, but the benefits will last.

“If this sounds familiar, it’s because our juvenile diversion program follows a similar framework. Since May of this year, about 45 teenagers who would otherwise have incurred a mid- to high-level delinquency case were instead surrounded with community-based services.  Every single one of them has either completed the program successfully or is on track to do so.  In fact, we just applied for a $100,000 grant to expand its capacity.

“Road to Recovery is a pilot program. We’ve selected one of the busiest courthouses in New England to host it – the Dorchester Division of the Boston Municipal Court.  So I particularly want to thank Judge James Coffey and Dorchester Court Probation for their cooperation in getting this project off the ground.

“If it’s successful, then we will expand the Road to Recovery countywide as a complement to juvenile diversion, the Suffolk County Drug Courts, and the problem-solving specialty courts that serve people living with mental illness, homelessness, and trauma related to military service.

“Prosecutors in Suffolk County try our hardest to reserve jail cells for only the most violent and recidivist offenders. Most drug possession defendants are not within this cohort.  In an average year, about 25% of drug possession cases even get to the trial or plea stage – they’re continued without a finding, placed on pretrial probation, or dismissed outright.  But without a treatment plan in place, dismissal is not diversion.  It might end one case, but it does nothing to prevent the next one.

“That’s a missed opportunity, but the Gavin Foundation is helping us seize it. For the past 40 years, the Gavin Foundation has established itself as a leader in addiction recovery services.  John McGahan leads the Gavin Foundation with compassion, insight, and a strong commitment to help people move forward through recovery.  John, I want to take this opportunity to thank you and your staff for your tireless work in the City of Boston and ask you to say a few words.”

 

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