Enable the Marchman Act to Help People With Addiction

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The Issue

As of January 1st, to September 30th in 2020 there has been 2,320 overdose deaths in New Jersey and a staggering 11,331 Naloxone (Narcan) administrations that is actually accounted for. New Jersey also has a total of 2,709,880 Opioid prescriptions that were dispensed in 2020 alone. Camden County being the leader in dispensed Opioid prescriptions with a number of 249,547 with runner-up being Ocean County with a total of 241,397. Opioid prescriptions most often than not tend to be abused and in hindsight leads to deeper drug addictions and the search for street drugs such as Heroin which ultimately ROCKED America’s communities. New Jersey unfortunately has continued soaring in a drug epidemic that has undeniably SHATTERED families.

Here are some strategies New Jersey has done so far to battle the drug epidemic-

·      “NJ PMP” New Jersey Prescription Monitoring Program which is an electronic database system that tracks prescription sales of habit-forming drugs such as narcotic painkillers. This is an attempt to divert prescription drugs and halt abuse.

·      “IDAD” Interagency Drug Awareness Dashboard is a computer dashboard to exchange Opioid related data between state agencies in accordance with NJ PMP. The goal is to refine resources and make responses to opioid overdoses more efficient and timelier.

·      Increasing access to treatment programs and resources

 

However, this is NOT ENOUGH. We NEED to do more. Whether you believe substance abuse is a disease or simply a choice. Our families are being destroyed. For families that have situations similar to mine, we know all too well the detrimental impact addiction has. You know those days you’ve experienced where;

·      You’ve came home or walked into a room and see your loved one lifeless. You scream their name in panic, shake them, yell, cry and in return there is silence. There is NOTHING you can do. So, you frantically call 911 to have a team of people administer Narcan and try to save your son, daughter, sister, brother, parent, cousin, relative…… as you stand there helpless.

·      Those days you watch your loved one nodding out on the couch, ruining their lives more and more by the decisions they are forced to do in the name of addiction.

·      Fearful every single day of getting that FINAL phone call that your loved one has finally succumbed to their addiction, a phone call NO ONE should ever have to receive. The one phone call that ultimately shatters your entire world.

·      Or how about those days where you watch your loved one in and out of jail, in and out of treatment centers to absolutely no avail. Living in abandoned buildings, roaming the streets, doing any means to get their drugs. Watching your loved one’s health diminish right before your eyes. Their sunken eyes, loss of weight. Physical appearance is not who they used to be. Even worse, their spiritual damage. Who is this person? What happened to my son? What happened to my sister? You reminisce the days where you used to laugh, smile and enjoy such beautiful memories. Now they are overridden by pain, anger, guilt and sadness.

What has been mentioned so far does not even surface the amount of PAIN families endure and what they witnessed. All that they have done to help their loved ones, the tears that have been shed. The guilt.

I am creating this petition to help families like mine by adding one more step to fixing the drug epidemic by allowing us families to have more power in helping our loved ones. The law I am trying to introduce to New Jersey is called the, “Marchman Act”. This is similar to the law in NJ called the “Bakers Act”, which is a psychiatric emergency that allows loved ones to propose involuntarily treatment for severe mental illness. This helps families who feel powerless after the individual they are seeking help for turns 18. They introduce the emergency to the Judge and then render a decision that will be a court order for treatment.

What is the Marchman Act? It is a law that involuntarily and voluntarily assesses, stabilizes and treats a person who abuses drugs or alcohol. This law currently is standing in Florida with proven benefits.

“The involuntary assessment and treatment have two categories non-court and court involved admissions. The criteria for involuntary admission are;

"There is good faith reason to believe the person is substance abuse impairment, because of such impairment:

1. Has lost the power of self-control with respect to substance use; AND EITHER

2a. Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on himself or herself or another; OR

b. Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in regard thereto; however, mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services. "

TIMEFRAMES

⁃ 3–5 days for assessment under special conditions (minors or emergency admissions)

⁃ Non-Court protective custody is limited to 3 days (72 hours). The court can order involuntary treatment at a licensed service provider for a period not to exceed 60 days

PROCEDURE

1.     A sworn affidavit is signed at the local county courthouse or clerk's office.

2.     A hearing is set before the court after a Petition for Involuntary Assessment and Stabilization is filed.

3.     Following the hearing, the individual is held for up to five days for medical stabilization and assessment.

4.     A Petition for Treatment must be filed with the court and a second hearing is held for the court to review the assessment.

5.     Based on the assessment and the recommendation that the individual needs extended help, the judge can then order a 60-day treatment period with a possible 90-day extension, if necessary.

6.     If the addict exits treatment in violation of the judge's order, the addict must return to court and answer to the court as to why they did not comply with treatment. Then the individual is returned immediately for involuntary care.

7.     If the addict refuses, they are held in civil contempt of court for not following treatment order and are ordered to either return to treatment or be incarcerated

Benefits of the Marchman Act-

·      Families are now able to help their loved ones who refuses to seek help on their own

·      Addicts will not seek life-saving treatment on their own because their decision making have been chemically hijacked by their addiction

·      Addicts cycling in and out of jail will be greatly reduced by enforcing rehabilitation

·      State funding and legal authority

·      Numerous success stories as stated below-

 “A woman in her mid-thirties with a history of trauma continued to abuse substances even after several treatment episodes. As disappointing as it was to her family, that should not necessarily come as a surprise to anyone in the treatment field. A Marchman Act case was filed and the Court was asked to initially order the woman to a treatment facility which dealt with her substance use disorder for sixty days, and then, successfully asked the Court to extend the Marchman Act treatment order for another ninety days for treatment of the underlying trauma and co-occurring mental health issues which included an eating disorder at a facility which specialized in helping women who are trauma survivors. This woman is over one year clean and sober and she is on the right path with much greater insight and tools for recovery”.

Thank you for reading this, this is coming from a person that is speaking on behalf of numerous families that have been deeply affected by addiction. This is the start of a change that can be brought forth in an attempt to help those suffering. I welcome ALL ideas, help, input and ways how we can further extend this law to be better suitable. IT’S TIME WE FIGHT THIS CRISIS, TOGETHER!

The Decision Makers

Philip Murphy
Former New Jersey Governor
Robert Menendez
Former U.S. Senate - New Jersey
Cory Booker
U.S. Senate - New Jersey
NJ House
NJ House

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