Arizona's version of Casey's Law received Senate approval today, culminating in a bipartisan effort to amend the language to align with the state's substance abuse treatment plan.
The Matthew Casey Wethington Act for Substance Abuse Intervention is known as Casey's Law and is named after a man who died of a heroin overdose in 2002. This law was first enacted in Kentucky. Commonly known as involuntary treatment, it aims to provide a means of intervention for people who are unable to recognize their own need for treatment due to a disability.
Casey Law allows loved ones of someone suffering from addiction to petition the court for treatment on that person's behalf. since then, in more than half of the states in the country enacted a similar law.
Sen. Justin Wadsack (R-Tuscon) introduced his version of the legislation this Congress. SB1578, which expands the qualifying factors for court-ordered treatment to include substance abuse, was first introduced in the Senate Judiciary Committee.
He said the bill would help MAD Moms, a group of parents and friends of people with severe mental illness who are trying to draw attention to how difficult it is to get proper mental health treatment in the state. He said that this was the result of cooperation with
The effort to bring reform to substance abuse treatment in Arizona began with the Tuscon Crime Freedom Coalition, a nonprofit organization focused on building safer communities through law enforcement.
Rachel Strife, a member of MAD Mamas, said she had struggled with drug addiction in the past.
“Inevitably, I spent a lot of time with other women, alcoholics and drug addicts before I got involved with SMI (severe mental illness),” Streif said. “I think the saddest are the people who already have cirrhosis after decades of drinking, or whose lives and bodies are just destroyed by decades of addiction.” It’s just being done.”
Streif shared stories of women she knows who faced addiction for years before finally seeking help.
“We have seen court-ordered treatment in Arizona be effective for serious mental illness,” Streif said. “People with brain diseases that are blinding and unable to help themselves until their brains and bodies are free of toxins and disease deserve treatment, and we have a way to do that.”
Streif said the state has very “strict” standards for what qualifies an individual as “a danger to themselves or others,” and severe addiction is considered a serious mental illness. He said there was a “vague line in the sand'' as to whether this would be the case.
Court-ordered treatment is not as coercive as it may seem, Streif said. Typically, she said, she can provide life-saving treatment that addicts themselves would not receive.
“Please scoop up these poor people and give them the help they need,” Streif said.
Representatives from the ACLU opposed the bill because it lacked clear guidelines regarding treatment obligations, and because the bill would lead to treatment that is unaffordable or likely to fail. He said that this is because there is a possibility of promising.
Democrats on the committee had similar concerns, mostly related to how states would fund such legislation.
Wadsack urged the committee to bring the bill to the floor if they have concerns.
“We need to be proactive. If we can get care on the front end, we'll save money on the back end,” Wadsack said. “We need to find solutions to stop the carousel of failure.”
The bill passed the committee on a party-line vote of 4-3.
It was clear that this bill needed some work to garner enough support to pass the floor.
Sen. Catherine Miranda (D-Phoenix) expressed concern that the language focuses on state statutes that provide involuntary treatment, whereas Arizona uses court-ordered treatment. did.
Miranda is also an advocate for reforming the state's mental health services.Throughout her session she has a shared Stories highlighting the mental health crisis every Monday On the Senate floor in collaboration with M.A.D moms.
During that time, Wadsack said they worked together to “find solutions to help people with severe mental illness, homelessness and fentanyl abuse on the streets.” Miranda and Wadsack are both advocates for mental health treatment reform and reached across the aisle to find a version of the Casey Act that would fit Arizona statutes.
“This language was really intended to be used in Kentucky,” bill sponsor Wadsack acknowledged. “It didn't fit our statute. It didn't fit our definition.”
The answer came in the form of a floor amendment that received unanimous approval in a voice vote on March 5th.
Miranda said the amendment also aims to end discrimination in state law for substance abuse disorders within behavioral health programs.
“We have to stop turning away dangerous, disabling and deadly people just because they test positive for drugs,” Miranda said. “This amendment gives the sickest among us a fighting chance and does so within the current framework of court-ordered assessment and non-discriminatory treatment.”
The changes will not force addicts into treatment, Miranda added. This was an adjustment that Sen. Anthony Kern (R-Peoria) guaranteed when the bill was introduced in committee.
Wadsack said the bipartisan effort on the bill is an example of “what we expect to happen in our chamber.”
The Senate passed the bill 20-10, and it now goes to the House.