Conclusion

New York State's policy decisions relating to substance abuse in prison are inconsistent with its domestic and international obligations to prevent cruel, inhuman and degrading treatment and protect the right to health.

 New York State prison officials have identified 3 of 4 prisoners as needing substance abuse treatment. Yet many of these prisoners face lengthy delays, language barriers and other obstacles to necessary drug dependence treatment. Most New York State prisoners dependent on heroin and other opioids have no access to Medication-Assisted Therapy, proven to be the most effective treatment for opioid dependence.  Despite the high prevalence of HIV and hepatitis C among the prison population, New York State prisons continue to resist implementing evidence-based harm reduction measures proven effective in reducing disease transmission and overdose in prisons around the world.

At the same time, prisoners who use drugs are punished with disproportionate severity, facing months, even years, locked down in harsh conditions. Drug dependence treatment is not available to prisoners charged with drug use or possession, thus denying necessary health services to those who may need it the most.

Without delay, New York State prisons must increase access to evidence-based drug dependence and harm reduction programs, including Medication-Assisted Therapy and overdose prevention for prisoners dependent on heroin and other opioids. Disciplinary procedures for drug use must be proportional to the offense and disciplinary sanctions should never prevent prisoners from accessing drug dependence treatment and other necessary health services.