State Deflection Laws
About this dataset:
Among the many active efforts to prevent overdose deaths, there is a growing focus among state and local governments on the intersection between substance use and incarceration using an approach called deflection. In a deflection model, first responders like police, firefighters, or paramedics and EMTs work with treatment partners to identify and support the mental health needs of a community member, rather than arresting them. Deflection offers individuals with substance use disorder or mental health disorders the voluntary option to remain outside of the justice system and seek support, compared to diversion programs that seek to provide access to treatment after an individual’s arrest and incarceration. The first deflection program in the United States started in 2011 in Seattle, Washington as the Law Enforcement Assisted Diversion program. Estimates from Treatment Alternatives for Safe Communities (TASC) Center for Health and Justice and the Illinois Criminal Justice Information Authority identified about 850 separate sites across the country as of late 2020.
This cross-sectional dataset provides an overview of state deflection laws, focusing on identifying specific legal tools and strategies these laws employ to facilitate deflection as an alternative to arrest in all 50 states and the District of Columbia as of September 1, 2024.
These data were created with support from the Foundation for Opioid Response Efforts (FORE).