Massachusetts' contentious tactic to fight its opioid crisis: jailing addicts

State is placing persons who are involuntarily committed to treatment – the section 35 process – in jail or prison even though no charges have been levied against them

Josh Wood in Ludlow, Massachusetts
Tue 23 Apr 2019 07.00 BST Last modified on Tue 23 Apr 2019 07.43 BST

The scene plays out every day in Massachusetts, thousands of times a year.

A loved one is addicted to opioids. Their life is spinning out of control as they use more and more. Their family panics. Rehab can be unaffordable – and it may require waiting for a spot. But they need to get their loved one somewhere they can’t use before it’s too late.

It’s about now that they might consider section 35, a process in Massachusetts by which persons abusing drugs or alcohol can be involuntarily committed to treatment for up to 90 days after a family member, guardian, law enforcement officer or doctor petitions a judge. Many states have similar laws in place and have turned to them in battling the opioid crisis gripping the nation.

But in Massachusetts, involuntarily committed men can end up in jail or prison even though no charges have been levied against them.

That’s how Jim, a 29-year-old student, arrived at the Hampden county jail in the western Massachusetts town of Ludlow in March after overdosing on opioids. Despite being forced into jail with no charges, he told the Guardian he was glad to be there.

-snip-