Substance Abuse and Mental Health

Substance abuse

People tend to think of substance abuse problems – whether they involve alcohol, street drugs, or the abuse of prescription medications - as an issue separate from mental health. Lloyd tends not to share this point of view with regards to serious substance abuse problems for two reasons. Lloyd recognizes that drug and alcohol dependencies have come to be recognized as actual mental health diagnoses and are therefore primarily a medical problem and not necessarily a sign of bad character. This dictates that where possible and appropriate that crimes that have their origin in substance abuse involve appropriate treatment as part of any grant of probation or deferred sentence. Lloyd has seen faith-based programs result in what he can only describe as miraculous results, and these programs may be perfect for some alcoholics and addicts. However, he has noted that even among some clients of strong personal faith, a medical-based best practices approach may be needed. Though one-size-fits-all programs may be appropriate for entry level users who have gotten into trouble, Lloyd as a judge would make sure that mandated treatment programs that are made conditions of probation be tailored to address the particular needs of the person on probation. He also will not be surprised if the first mode of treatment assigned fails or if a person falters in his or her recovery, as that should not be of any great surprise in dealing with any serious medical problem.

Secondly, Lloyd has observed that his clients with serious drug and alcohol problems frequently have underlying mental health issues that drive their substance abuse problems. When a person is using to suppress symptoms of depression or schizophrenia because he has never been properly diagnosed or has not had access to effective treatment or adequate support in the community, Lloyd believes that that is an important factor that should be considered in sentencing decisions and plea agreements. Additionally, no amount of substance abuse treatment will result in a man or woman fully in recovery if the person is using to numb the pain from untreated trauma or neglect he or she experienced in the home or in the community. Lloyd would encourage individuals seeking probation or diversion to deal meaningfully with any background of trauma through meaningful counseling or therapy, and would work with the justice partners in the system, community groups and providers to find solutions to limited access for this treatment. Lloyd believes that if the rights of current victims are to be meaningfully respected, trauma or abuse suffered by the accused when her or she was young should also be thoughtfully considered, even in cases where the current conduct at issue is so serious that it renders the person not fit for probation.

Mental Health

Unfortunately, mental health issues predominate over substance abuse in many individuals in many serious cases. Needless to say, sometimes the crimes committed still require a prison sentence to protect the community or because an application of the Rules of Court and the interests of justice require it. However, Lloyd believes that in appropriate cases where untreated mental illness has led directly to a person’s criminal conduct, the parties and the judge should all consider whether the person can be rehabilitated with appropriate treatment. When this decision is up to the judge at sentencing or in approving a plea agreement, a judge should be open to the possibility of treatment through a number of different treatment providers and modalities of treatment. Although the criminal justice system in Los Angeles County has moved towards a more collaborative model for resolving many of the mentally ill, many people deserving of having their cases handled in that manner can not. If a person suffers from mental illness and can be treated, whether he or she is allowed to benefit from a system that now allows the mentally ill to have a case dismissed, receive a reduction in punishment, or get charges reduced should not depend on the judicial district of the County where the charges are filed. Neither should a mentally ill person’s access to such alternative sentencing procedures be limited because he doesn’t fit the particular illness and degree of impairment the provider in a particular rehabilitative courtroom prefers to work with. Wherever Lloyd is assigned as a judge, he will work to expand the local options for the parties to create dispositions that allow the mentally ill to benefit from the existing alternative sentencing programs, and, where that is not possible, make it easier to transfer cases to other courthouses that have appropriate programs in place. It is not enough for a judge to bemoan the lack of funding for a particular program; a responsible member of the bench needs to involve himself in the various committees and meetings involving justice partners and interested groups in the community to attempt to secure additional funding for these programs.