Re-entry support, Inclusive Language, Specialty Court Access,
By Trey Delap, M.A., Director
MARCH 1, 2019 – CARSON CITY, NEVADA
Nevada's recovery community scored significant victories today with the committee passage of two bills ensuring access to recovery support in the state's criminal justice system.
RECOVERY JUSTICE: SPECIALTY COURTS
First, Assembly Bill 222 (AB222) sponsored by Assemblyman Steve Yeager (D-Las Vegas) clarified statutory language ensuring that judges hold discretion in determining who may be assigned to Nevada’s 45 various specialty courts.
This language was urgently needed following a ruling by the Nevada Supreme Court (State v. Hearn, 134 Nev. Adv. Op. 96 (2018)) opining that ALL defendants charged with a "violent," offense were ineligible for assignment to a specialty court program. AB222 alters NRS 176A disqualifying only those charged with a "Category A felony" and thus remedies the courts' concern in part.
It is irrefutable that access to specialty courts has saved the lives of so many people seeking recovery. It is where so many have been able to get the support they need to start or sustain their recovery from substance use, mental illness, or other addictive disorders. A definite win for RECOVERY JUSTICE, CHOICE, and PATHWAYS.
RECOVERY PATHWAYS: HOLISTIC MENTAL HEALTH IN CORRECTIONS
Secondly, Senate Bill 49 (SB49) sponsored by the Nevada Department of Corrections, requires the Director of the Department of Corrections to provide treatment for substance use disorder. Recovery and Mental Health advocates identified this bill as being too narrowly focused on substance use disorder exclusively. Advocates drafted an amendment to the bill replacing the references to "substance use disorder" with more inclusive language requiring the Department to provide treatment programs addressing, "Substance use, mental health, or other addictive disorders.” It is commonly accepted that 70% of persons with mental health, substance, or addictive disorders have co-occurring issues needing attention. The amendment addressed this fact by ensuring ACCESS to RECOVERY PATHWAYS and RECOVERY CHOICE.
In proposing this amendment, advocates spoke directly with the Department of Corrections Director who embraced the change as “friendly” and in line with his intent to provide holistic services to "offenders" with such issues. The amendment requires the Department to address and deliver programs to the best benefit of the offender to reduce recidivism and increase successful re-entry into the community.
Americans for Prosperity also supported the bill as amended noting that 90% of incarcerated persons will eventually be released and addressing issues affecting mental health would reduce overall public costs to ineffective incarceration.
Overall, SB49 reduces STIGMA by addressing another accepted truth that prevalence rates of mental or addictive disorders are much higher among persons having contact with the Department of Corrections. By this bill, the Department may increase public safety and health by supporting the value of recovery in re-engaging Nevadans into the community upon release.
“IF YOU’RE NOT AT THE TABLE, YOU’RE ON THE MENU”:
ADVOCACY NEEDS ALL OF US
This week’s recovery advocacy victories did not happen by accident. Attentive advocates are monitoring and engaging with lawmakers during the current legislative session.
These victories demonstrate that advocacy works when people are paying attention and have the courage to stand up for recovery. But we can’t do it alone!
Group Six Partners (GSP) identified the bills, but we needed support from allies like NAMI to make our case to the legislature. There's only so much we can do, we need others also to be active and attentive.
Recovery touches everything, (Note: Both of these critical access bills were handled in the Judiciary committees, not health and Human Services.)
We cannot operate on the assumption that our issues are so narrowly focused as to be only Health related. Recovery isn’t just about health, its about housing, employment, education, and justice.
Fast and Furious: THe Legislature’s work load.
The Nevada Legislature meets for 120 days every other year. It divides its work between its two houses;
Senate (21 members) and Assembly (42 members), which further divides its work into committees.
Senators and Assemblymembers serve on an average of 3 (three) committees.
Each Chamber (house) has 10 standing committees, varying in size, focus, and schedule. There are 58 committee hearings per week (that's around 1,000 meetings in 120 days).
Laws and Budgets are intended to cover two (2) years.
They will handle approximately 1,000 pieces of legislation.
Today, both AB222 and SB49 were being heard in different committees at the SAME TIME. Advocates had to decide who was going to be where to ensure we were available to the committee at the right time. And we did it, because, we believe in recovery and its value to our communities.
This week was a good week for recovery, and I’m hopeful that we can look forward to many more. But we are almost a quarter through with this session, and there is lots more work to do.
If you are interested in advocacy, check out these resources.
“If you’re not at the table, you’re on the menu”Blog Post from the Robert Wood Johnson Foundation: (https://www.rwjf.org/en/blog/2014/11/if_you_re_not_atthe.html)
Before you start advocating, identify your "why." You need to consider what you can or are willing to do as an advocate for your cause. Effective advocates are diplomatic, patient, can accept defeat as a delayed opportunity, and ready to back up their positions with EVIDENCE.
If you think you've got the goods; Pick your cause and go for it.
If you are interested in Mental Health and Addiction recovery check out these sources.
NAMI Nevada and Foundation for Recovery are good options.
But I can guarantee you that if you’ve had any experience with any; Recovery program, house, prevention, or advocacy organization like:
TINHIH,
The Fearless Kind,
The Nevada Council on Problem Gambling,
Lanie’s Hope,
The Nevada Coalition for Suicide Prevention
Or if you’re more political then…
Addiction and mental illness DO NOT CARE what party you are. But if you do, your party needs to know that THIS issue is one that will guide your vote.
Nevada Democrats
Nevada Republicans
Assembly Republicans
Each of these group could use your eyes, ears, and VOICE to continue to SHOW that Nevada is Strong, People do care, and you are willing to #standup4recovery