No Addict's Left Behind/ The Jake De Luca Act

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The Issue

The No Addicts Left Behind movement is a nationwide effort dedicated to transforming how our society and legal systems treat people who use drugs. Founded by Jake De Luca, a survivor who endured wrongful psychiatric hospitalization, forced medication, and coerced treatment, this movement demands justice, dignity, and freedom for millions living with addiction.

Addiction is a health issue and not a crime. Yet current laws punish individuals for personal drug use while ignoring their basic civil rights. Families sometimes misuse psychiatric holds to control loved ones and hospitals frequently force treatments without consent. These abuses not only harm individuals but perpetuate stigma and prevent true recovery.

The No Addicts Left Behind Act and the Jake De Luca Act seek to

• Decriminalize personal drug use except when actual harm occurs
• Protect people from forced and unjust treatment
• End discrimination in employment, housing, and healthcare
• Mandate trauma informed care and federal oversight to prevent abuse
• Restore dignity, autonomy, and the right to speak one’s truth without fear of punishment

By signing this petition you are joining a powerful movement to change federal law ensuring that no person struggling with addiction is ever left behind forgotten, punished, or silenced.

Together we can create a compassionate, just future where recovery is possible for all.

The No Addicts Left Behind Act

(A Federal Law for Drug Policy Reform, Human Rights, and Justice)

Introduced by: Jake De Luca

Purpose: To end discriminatory, punitive laws against people struggling with substance use; to protect civil liberties; and to create a restorative, science-based model for addiction recovery in America.

Section 1: Title and Declaration

1.1 Title

This Act shall be known as the No Addicts Left Behind Act, also referred to as Jake’s Law.

1.2 Purpose

To affirm the constitutional, medical, and civil rights of individuals who use substances. To end harmful legal practices that criminalize addiction. To prioritize treatment over punishment, and truth over stigma.

1.3 National Crisis Recognition

Congress recognizes addiction as a public health emergency, not a criminal issue. This law is a formal declaration of federal intent to end the war on addicts and begin a national healing process.

Section 2: Decriminalization of Personal Drug Use

2.1 Legal Protections

No individual shall be arrested, prosecuted, or incarcerated for:

Possession of drugs intended for personal use
Being under the influence of any controlled substance
Seeking medical help for overdose or addiction

2.2 Immediate Expungement

All federal and state convictions for nonviolent personal use shall be eligible for immediate expungement.

2.3 State Compliance Mandate

States receiving federal healthcare or criminal justice funding must comply with this section or risk reduction in funding.

Section 3: Harm-Based Accountability Model

3.1 Definition of Harm

Harm is defined as:

Causing the death of another person
Inflicting irreversible, long-term injury or brain damage
Knowingly distributing lethal substances with intent to deceive

3.2 Prosecution Limitations

No charges shall be filed for drug use unless clear, documented harm to another has occurred, and intent can be proven beyond reasonable doubt.

Section 4: Restorative Justice Requirement

4.1 Restorative First Response

Before any criminal penalty, individuals must be offered:

A medically supervised treatment plan
Peer-led recovery mentorship
A trauma-informed accountability hearing
Access to housing, job placement, and mental health support

4.2 Treatment Not Coercion

No individual may be forced into treatment through manipulation, fraudulent diagnosis, or threat of jail. Informed consent is required for all medications and evaluations.

Section 5: Legal Protection from Medical or Familial Misconduct

5.1 Hospital Abuse Protection

Hospitals, institutions, and mental health facilities shall not:

Force medication without court order and formal diagnosis
Use fabricated claims to justify 302 or 201 psychiatric holds
Retaliate against patients who speak out against mistreatment

5.2 Family Safeguards

Family members shall not be permitted to authorize psychiatric holds or force treatment without medical justification. False reporting or coercion shall be federally punishable under civil rights law.

Section 6: Anti-Discrimination Protections for Addicts

6.1 Employment & Housing Rights

A person may not be denied housing, jobs, or education due to past or current addiction unless the person poses an immediate danger to others.

6.2 Right to Be Heard

All treatment centers and medical institutions must provide a grievance system where addicts can report abuse, discrimination, and misconduct without fear of retaliation.

6.3 Protection from Misinformation

Government agencies must ensure that individuals who relapse are not categorized as mentally incompetent unless clear psychiatric evaluations confirm otherwise.

Section 7: The Jake Standard

7.1 Truth-Based Justice

No person shall be punished for drug use unless:

Their actions caused real, measurable harm
There is evidence of criminal intent
There was no attempt at restitution, treatment, or accountability

7.2 Federal Civil Rights Extension

Addiction is recognized as a protected condition under federal anti-discrimination law. Drug users shall be treated with the same dignity as those with mental illness, disability, or disease.

7.3 National Registry of Wrongful Holds and Medical Abuse

A federal database shall be created to track:

Involuntary psychiatric commitments
Forced medication without trial or evaluation
Denials of patient autonomy due to addiction

Section 8: Funding and Implementation

8.1 Creation of the Office for Recovery Rights

A new federal office shall be established under the Department of Health & Human Services to oversee implementation, complaints, and national reform.

8.2 Education and Police Reform

Mandatory training in trauma-informed care, addiction science, and de-escalation shall be required for:

Police officers
Hospital staff
School counselors
Judicial officers

8.3 National Awareness Campaign

A public education campaign, titled “No Addicts Left Behind”, will launch to spread awareness, reduce stigma, and empower survivors.

Section 9: National Petition and Survivor Testimony

9.1 Survivor Voice Protection

All survivors of wrongful hospitalization, forced rehab, medical coercion, or addiction discrimination shall have the right to testify, submit claims, and receive reparations.

9.2 The Jake Testimony Clause

Jake De Luca’s story, and others like his, shall be entered into the Congressional Record as part of this Act. Survivor truth shall be recognized as evidence in shaping law.

The Jake De Luca Act

An Act to Protect the Rights and Dignity of Individuals Experiencing Mental Health and Substance Use Crises, To Prevent Abuse in Healthcare and Legal Systems, and To Promote Comprehensive Reform

Section 1. Short Title

This Act shall be known and may be cited as the Jake De Luca Act.

Section 2. Purpose

The purpose of this Act is to

Safeguard the rights of individuals undergoing mental health crises and substance use challenges
Prevent misuse and manipulation by family members or others in involuntary hospitalization or treatment decisions
Establish clear guidelines and accountability for healthcare providers and law enforcement involved in mental health interventions
Promote humane evidence-based approaches to substance use and mental health treatment without criminalization
Ensure transparency and respect for patient autonomy and dignity

Section 3. Definitions

For the purposes of this Act

Involuntary Commitment means any psychiatric hospitalization or treatment initiated without the full informed consent of the individual
Family Manipulation means the use of false or misleading claims by family members or guardians to influence or force involuntary psychiatric hospitalization or treatment
Substance Use Disorder or SUD means a medical condition characterized by the harmful use of substances such as drugs or alcohol
Healthcare Provider means any licensed medical professional involved in mental health or substance use treatment

Section 4. Rights of Individuals

Right to Informed Consent. No individual shall be involuntarily hospitalized medicated or treated without clear informed consent except in cases where imminent harm is demonstrated by qualified medical evaluation.
Right to Transparent Communication. Healthcare providers must communicate treatment plans rights and procedures in understandable terms to patients and ensure opportunities for questions and advocacy.
Right to Appeal. Individuals shall have the right to a timely independent review of any involuntary treatment or hospitalization decision.
Protection from Family Manipulation. Healthcare providers must conduct independent assessments and not rely solely on family or guardian reports to justify involuntary treatment preventing abuse of power or manipulation.

Section 5. Healthcare Provider Responsibilities

Healthcare professionals must receive training on trauma informed care substance use disorder treatment and patients legal rights.
Providers shall document all interactions assessments and decisions related to involuntary treatment with full transparency.
No individual shall be forcibly restrained or medicated without prior explanation and consent unless immediate danger is present.

Section 6. Law Enforcement and First Responders

Law enforcement involved in mental health crises shall receive specialized training on de-escalation substance use disorders and patient rights.
Arrest or criminal charges shall not be the default response to substance use crises unless a violent or criminal act occurs.

Section 7. Protections Against Medication Misuse and Hospital Abuse

Prohibition of Coercive Medication Practices. Hospitals and healthcare providers shall not administer medications to patients without their informed consent except in cases of immediate documented risk to life or serious harm and only under strict medical supervision.
Transparency and Patient Communication. Prior to any medication administration patients must be fully informed about the medications purpose potential side effects and alternatives in clear understandable language.
Ban on Deceptive or Misleading Practices. It is unlawful for hospital staff or healthcare providers to misrepresent the nature effects or necessity of medications to patients or their legal representatives.
Documentation and Accountability. All medication administration especially involuntary must be thoroughly documented including the rationale patients response and consent status. This documentation shall be subject to audit by independent oversight bodies.
Right to Advocate and Second Opinion. Patients have the right to request a patient advocate legal counsel or a second medical opinion before receiving any non-emergency medications.
Reporting and Investigation of Abuse. Hospitals must establish and maintain clear confidential channels for patients to report suspected abuse or misuse of medication. All credible reports must be promptly investigated by an independent authority.
Sanctions for Violations. Any hospital or healthcare provider found to have violated these provisions shall be subject to disciplinary action including penalties loss of license or legal liability.

Section 8. Protections Against Abuse Torture and Denial in Healthcare Settings

Prohibition of Torture and Abuse. No hospital healthcare provider or staff member shall subject any patient to physical psychological or chemical torture abuse or cruel inhuman or degrading treatment under any circumstances including while the patient is under the influence of drugs or alcohol.
Zero Tolerance for Denial of Abuse. Healthcare institutions and staff are strictly prohibited from denying minimizing or covering up any acts of abuse or mistreatment reported by patients. All allegations must be taken seriously and investigated transparently.
Protection of Vulnerable Patients. Patients under the influence of substances in mental health crises or otherwise vulnerable shall be afforded heightened protections against mistreatment and given full rights to report abuse without fear of retaliation.
Mandatory Reporting and Accountability. Any staff member who witnesses or suspects abuse or torture must immediately report it to hospital administration and an independent oversight body. Failure to report or attempts to conceal such acts shall result in disciplinary and legal consequences.
Patient Rights to Documentation and Advocacy. Patients have the right to have all interactions documented including any complaints of mistreatment. They must have access to independent advocates or legal counsel during their treatment.

Section 9. Data Collection and Oversight

Establish a state-level oversight committee to monitor involuntary hospitalizations family-initiated petitions and treatment outcomes.
Regular reports shall be published on the use and abuse of involuntary commitments.

Section 10. Education and Advocacy

Fund public education campaigns to reduce stigma related to mental health and substance use disorders.
Support peer-led advocacy groups to empower individuals with lived experience.

Section 11. Severability

If any provision of this Act is found invalid the remaining provisions shall remain in effect.

Section 12. Effective Date

This Act shall take effect ninety days after passage.

Recording Consent and Protection Clause

No audio or video recordings of a patient, client, or individual in any hospital, treatment, or healthcare setting may be used as evidence or against that individual without their explicit prior knowledge and consent. Any recording made without the informed consent of the individual involved shall be considered inadmissible in any administrative, civil, or criminal proceeding and shall not be used for any disciplinary or legal action.

 

The Decision Makers

Donald Trump
President of the United States
James Vance
Vice President of the United States

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