Rehab Vs. Jail: Going To Rehab Instead Of Prison

According to the FBI’s Crime Data Explorer, there were an estimated 870,874 arrests for drug law violations in the United States in 2023, of which nearly 88 percent were for possession of a controlled substance.

Substance use disorder has a strong connection to the criminal justice system.

According to the Bureau of Justice Statistics’ most recent Survey of Prison Inmates, more than half of people incarcerated in U.S. state prisons (approximately 58 percent) meet the criteria for a substance use disorder, a figure that rises to 63 percent among sentenced jail inmates.

Too often, prison and jail time are used as punitive responses to substance use disorder.

While jails house people with sentences of less than a year, prisons can hold people for one year to life.

Drug Rehab As An Alternative To Prison

Drug and alcohol rehab programs can serve as a humane and effective alternative to jail and prison time for people with substance use disorders who are arrested for nonviolent offenses.

In recent years, this alternative has gained greater support among policy experts, lawmakers, and the public more broadly.

This is for a number of reasons, including moral arguments for diversion, the cost-effectiveness of reducing prison populations, and the benefits that treatment can provide for people struggling with addiction.

What Types Of Drug-Related Crimes Lead To Jail And Prison Time?

There are a number of drug-related crimes that can lead to a jail or prison sentence. Drugs can be either directly or indirectly related to the crime a person is charged with.

Drug-related crimes can include:

• drug possession
• sale of illicit drugs
• manufacturing illicit drugs
• driving under the influence
• burglary
• property damage

Data from the U.S. Department of Justice shows that the majority of people arrested on drug-related violations are charged with drug possession—a non-violent offense.

The sentencing outcome depends on state or federal laws, the nature of the offense, and the discretion of the presiding judge or drug court.

Why Rehab Can Be A Better Alternative To Incarceration

According to the National Institute on Drug Abuse, an estimated 85 percent of the prison population either has a substance use disorder or is incarcerated due to drug-related crimes.

Despite this, only a small percentage of jail and prison systems even offer drug treatment, which may include drug detox services, counseling, 12-step programs, and medication.

Substance use disorder experts and researchers emphasize that drug treatment is a more effective, healthful, and cost-saving alternative to incarceration.

Providing rehab rather than jail or prison time can:

• prevent a cycle of crime
• reduce societal costs
• reduce drug use
• reduce the risk of drug overdose following release
• improve long-term health outcomes
• improve recovery rates

Overdose risk is particularly acute in the first days after release from incarceration, when tolerance has decreased significantly. Access to MAT and naloxone at release is critical.

Drug Treatment Reduces Recidivism (Repeat Offenses)

Providing people with substance use disorder treatment—including detox, medication-assisted treatment, and behavioral therapy—can reduce the likelihood of repeat offenses once a person is released.

When an addicted person can get the help they need, they are less likely to get re-arrested for the same or other crimes.

Most Jails And Prisons Don’t Offer Evidence-Based Treatment

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), the majority of people with mental illness and substance use disorder issues don’t receive treatment.

Unfortunately, this also extends to people incarcerated in jail or prison—with dire consequences.

Most jails, which largely hold people who have not yet been convicted of a crime, don’t offer medical detox services.

This can result in a highly uncomfortable and potentially life-threatening experience of withdrawal—especially for people with alcohol, benzodiazepine, or opioid use disorders.

Of the jails and prisons that do offer detoxification, most still don’t offer effective treatments beyond that, such as behavioral therapy, support groups, or medications for opioid use disorder.

Access to medications like methadone and buprenorphine in correctional settings has expanded in some jurisdictions following court rulings and federal guidance, but remains inconsistent nationally.

How Do You Go To Rehab Instead Of Jail Or Prison?

Drug rehab by court order can be an effective and cost-saving alternative to incarceration. Drug courts can mandate drug treatment instead of a jail or prison sentence for eligible offenders.

People who receive court-ordered treatment as a sentence may be required to:

• complete regular drug screens
• attend individual counseling and support groups
• regularly report their progress to the court

Depending on the nature of the offense, additional requirements may apply.

Requirements of court-mandated rehab programs can vary depending on where you live, based on local and state laws.

Getting Help For Drug Addiction

Millions of people struggle with substance use disorder. If you or a loved one is struggling with addiction, finding effective treatment can make a world of difference.

Treatment for substance use disorder can:

• provide supportive coping skills
• help people get off drugs or alcohol
• provide relief for withdrawal symptoms
• connect people to housing, education, and job assistance services
• reduce the risk of criminal behavior
• reduce the risk of overdose
• break the cycle of addiction

Browse our directory or reach out to the Substance Abuse and Mental Health Services Administration (SAMHSA) for more information about addiction recovery.

Written by the Addiction Resource Editorial Staff