Mandated Drug Treatment in the Criminal Legal System—a Blunt but Necessary Tool

Bibliographic Data

ID17536172
AuthorsBrendan Saloner (0000-0001-9013-3023, corresponding author)
Year2026
Volume56
Issue3
Pages15-27
Publication date2026-05-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe Hastings Center Report (JOURNAL)
Journal identifiersISSN: 0093-0334 • E-ISSN: 1552-146X
PublisherWiley (PUBLISHER • GB)
DOI10.1002/hast.70038
PMID42090144
OpenAlexW7160379329
LanguageEN
Citations received2
References cited29

How should the state respond to people who commit low-level criminal offenses that stem from an untreated substance-use disorder? The issue has taken on a heightened importance amidst an ongoing national addiction crisis that has destabilized many U.S. communities and led to a myriad of harms. I offer a qualified defense for the use of legal mandates that require participation in drug treatment in lieu of jail time as one possible tool for reducing the public harms associated with chronic addiction. I argue that mandated treatment is effective, though less effective than many proponents argue. Beyond the effectiveness question, opponents contend that mandated treatment exacerbates structural inequalities, including the overpolicing of marginalized communities and underinvestment in voluntary treatment. Drawing on an egalitarian theory of justice, I argue that these structural inequalities present a compelling reason to constrain the use of mandates, but that they should be counterbalanced by a mixture of paternalistic and public safety concerns that make mandates one of several instruments in drug policy for addressing the pervasive harms from severe substance-use disorders

Addiction · Addiction treatment · Commit · Criminal justice · Drug treatment · Paternalism · Public policy · Sanctions · State (computer science) · Criminal Justice and Corrections Analysis · HIV, Drug Use, Sexual Risk · Legal and Constitutional Studies