Dying Inside: To End Deaths of Despair, Address the Crisis in Local Jails

This paper is authored by Drug Enforcement and Policy Center DEPC 2021-22 Marijuana and Drug Policy Grant recipients Regina LaBelle, J.D., Director, Addiction & Public Policy Initiative and Distinguished Scholar, O'Neill Institute for National & Global Health Law at Georgetown University Law Center & Director, Master of Science in Addiction Policy and Practice, Georgetown University Graduate School of Arts and Sciences and Shelly Weizman, Associate Director, Addiction & Public Policy Initiative and Adjunct Professor of Law, Addiction and Public Policy Initiative at the O’Neill Institute for National & Global Health Law, Georgetown Law Center.

Efforts at the local, state, and federal levels have begun a shift toward adopting more public health-oriented approaches in correctional settings, largely driven by an acknowledgement that addressing the health care and treatment needs of incarcerated people can positively impact both these individuals and the overall health of communities. However, government leaders and advocates at every level must undertake significant policy and practice changes to reduce deaths in jail custody and accelerate reform. This brief outlines the legal framework on the right to adequate care and treatment for medical, mental health, and substance-related conditions in jails. The brief also highlights the findings of original research on litigation related to deaths in jail custody and provides recommendations for reform.