Innovative Strategies for Addressing Drug Related Lease Violations - PowerPoint Presentation

1. Innovative Strategies for Addressing Drug Related Lease ViolationsMay 10, 202312:30 pm–1:30 pmPresented by:Rebecca Kidder & Shayla Bowles – PKBR; Bill Jacobs, Fort Berthold Housing Authority Mariah Ralston, Executive Director Quinault Housing Authority and Hannah Curley, Board Chairwoman Quinault Housing Auhtority Board of Commissioners

2. AgendaIntroductionsThe Epidemic of Drug-Related Criminal Activity The Impact on Housing OperationsOld Strategies and New ConceptsMHA Nation and the Fort Berthold Housing Authority Quinault Indian Nation and Quinault Housing AuthorityQ&A

3. Rebecca KidderEquity Partner, Peebles Kidder Bergin & Robinson LLPShayla BowlesAssociate Attorney, Peebles Kidder Bergin & Robinson LLPHannah CurleyBoard Chairperson, Quinault Housing Authority1. IntroductionsMariah RalstonExecutive Director, Quinault Housing AuthorityBill JacobsInsurance Officer, Fort Berthold Housing Authority

4. The Epidemic of Drug-Related Criminal Activity Drug-related activity in Indian Country is a major contributor to violent crime and imposes serious health and economic hardships on Indian communities. The abuse of methamphetamine, heroin, and prescription drugs continues to have devastating effects on tribal families and communities and has put a strain on collective efforts to confront this issue. In Fiscal Year (FY) 2018, BIA and tribal law enforcement programs reported a 47 percent increase in drug cases worked and a 26 percent increase in drug related arrests made on reservations throughout the nation.Indian Country saw a substantial increase in methamphetamine seizures and marijuana eradications in FY2018, leading to a 385 percent surge in the overall seizure totals in 2018. Field drug agents reported an increase in the heroin being sold in Indian Country. The abundance of methamphetamine being distributed by Mexican cartels has led to lower prices and easier access to methamphetamine. In FY2018, the number of heroin seizures reported increased by 190 percent, the number of crystal methamphetamine seizures increased by 342 percent, the number of powder methamphetamine seizures increased by 658%...Opioid-related overdoses in some Indian Country communities have been linked to fentanyl, a Schedule II synthetic opioid originally developed to serve as both an analgesic (painkiller) and an anesthetic. The strong opioid properties of fentanyl have made it an attractive drug of abuse. The ease of with which fentanyl can be acquired compounded by its potent narcotic effects has drastically increased the risk of overdoses and deaths in our tribal communities.STATEMENT OF CHARLES ADDINGTON, DIRECTOR, OFFICE OF JUSTICE SERVICES BUREAU OF INDIAN AFFAIRSBEFORE THE SENATE COMMITTEE ON INDIAN AFFAIRSFIELD HEARING ON "TO PROTECT AND SERVE: JOINT LAW ENFORCEMENT EFFORTS INBUILDING SAFE TRIBAL COMMUNITIES AND STOPPING DANGEROUS DRUGS FROM ENTERING INDIAN COUNTRY. “ MARCH 20, 2019https://www.doi.gov/ocl/drugs-indian-country

5. The Epidemic of Drug-Related Criminal Activity The Substance Abuse and Mental Health Services Administration reports while 13% of Native Americans need substance use treatment, only 3.5% actually receive any treatment. (Substance Abuse and Mental Health Services Administration. (2019).  SAMPHSA 2018 National Survey on Drug Use and Health. Results from the 2018 NSDUH show that nearly 1 in 5 Native American young adults (aged 18-25 years) has a substance use disorder, including 11% with illicit drugs and 10% with alcohol. The survey also indicates that approximately 4 in 10 Native American adolescents (aged 12-17 years) have a lifetime prevalence of illicit drug use.Meth leads to dependency faster than any other substance. Crystal meth is notorious as the most difficult drug to quit. Crystal meth releases more dopamine in the brain compared to any other drug. Dopamine is a brain neurotransmitter that serves a number of functions, including the feeling of pleasure. When crystal meth leads to a powerful surge of dopamine in the brain, people feel motivated to seek it out again and again. This is how crystal meth addiction develops. https://www.washburnhouse.com/addiction-recovery-blog/most-addictive-drugs/In 2021, methamphetamine and fentanyl were the most common drug types listed as a cause of death in accidental drug overdose deaths in Los Angeles County (LAC), accounting for 56% and 55%, respectively, of all alcohol and other drug overdose deaths. Accidental fentanyl overdose deaths increased 1,280% from 109 in 2016 to 1,504 in 2021. From 2016 to 2020, fentanyl overdose ED visits increased 308% from 133 to 542, and fentanyl overdose hospitalizations increased 98% from 102 to 202 cases. http://publichealth.lacounty.gov/sapc/MDU/SpecialReport/FentanylOverdosesInLosAngelesCounty.pdf

6. The Impact on Housing OperationsIncreased Maintenance and construction expenses to remove contamination from fentanyl and methamphetamine. Increased costs for unit testing, tenant drug testing, and lease compliance actions.Negative impact on employment with Housing authorities due to stress and increased health risks for housing employees, and increased negative tenant interactions, trauma from witnessing crimes associated with drug use including child abuse and neglect, crimes of violence, sexual assaults.Criminalization of addiction has resulted in tenants not reporting drug use in homes out of fear of eviction. This results in additional threats to the health and safety of family members who are not using drugs, creating a vicious cycle. Increased overdose deaths in homes resulting in negative spiritual and mental effects on tenants, the community, and the employees. Overload of criminal cases reduces judicial resources to enforce housing leases and increases wait times for court hearings on evictions, restraining orders and other civil actions to protect tenants and housing units.

7. Old StrategiesEviction. Problem? In most communities, those suffering from addiction are not going to move to another community – there are no resources to do that. Individuals will move to another relatives’ home or from house to house resulting in more units contaminated and increased costs to housing programs. Lock them up. The incarceration for drug use and possession alone where there is no other crime has resulted in widespread prison overcrowding, reducing funding for treatment and recovery resources. Criminalization of use and possession has also resulted in less seeking addiction recovery services for fear of criminal consequences. “Among the most important effects of drug criminalization is the economic impact. Twenty-five percent of the world's incarcerated population is contained within the United States, despite only making up about five percent of the world's total population, much of which is due to the criminalization of drugs.” Letterhos, Leah N., "The Economics of Mass Incarceration: How Imprisonment Due to Drug Offenses Impacts the Economy of Texas" (2023). Senior Theses. 582. https://scholarcommons.sc.edu/senior_theses/582 Exclusion. Strict pre-admission criteria to exclude tenants with history of drug use or evidence of current drug use.

8. Out with the Old, In with the NewThe epidemic of methamphetamine and fentanyl in particular requires a pro-active approach starting before an applicant is moved into a home. This may include: Baseline meth and fentanyl testing of housing units to ensure units are not contaminated before tenant move-in. Pre-admission drug-testing of all adult household members. If a current substance abuse issue is identified, a housing program does not have to exclude, it can be used to require rehabilitation before admission to housing. More extensive criminal background screening to identify recent substance abuse concerns, and a housing program can require rehabilitation before admission. Interventions may include: Regular home visits and unit drug testing to catch contamination before major damage to a unit is done. Requiring documentation of rehabilitation before admission to a program and a plan of compliance after admission to demonstrate a tenant remains in recovery. Policies that do not evict a tenant if they can show they did not participate in the drug use, were not aware of it, reported it right away, and cooperated with housing in removing the person who used drugs in the unit. Engaging more not less with struggling households and making referrals to support agencies including substance abuse agencies. Partnerships with law enforcement, social services and the courts to identify substance abuse early, such as MOU’s to receive reports of drug use and drug-related crime. Surveillance cameras in housing communities and public spaces. Providing tenant education on identifying signs of substance abuse, receiving supportive counseling for tenants with substance abuse issues and for family members who have a loved one battling addiction. If an issue is identified, using detailed compliance plans the tenant agrees to in writing, that include regular meetings with housing and unit inspections. If a unit tests positive, allowing the tenant to assist with cleaning the unit after proper training and supervision for lower levels of contamination.

9. MHA Nation and the Fort Berthold Housing Authority: History of the Epidemic The Mandan, Hidatsa and Arikara Nation is located northwest of Bismarck, ND deep in the heart of the Bakken Oil fields. With the influx of oil and “man camps” also came an incredible surge in methamphetamine, heroine and fentanyl resulting in deaths, violent crimes, child abuse and neglect, and an surge in the brutality of crimes committed.Local and federal officials estimate 90% of the drugs on the reservation now come from other states or countries. https://www.latimes.com/nation/la-na-ff-north-dakota-meth-20150222-story.html

10. MHA Nation and the Fort Berthold Housing Authority: A New Day“Not Our Tradition, Not Our Culture, Not in Our HomeFt. Berthold Housing Authority has organized a drug awareness campaign designed to educate the public on drug awareness and prevention, which is even more so important with all the increasing overdoses and deaths that are occurring on Ft. Berthold Reservation.  The annual “Not Our Tradition, Not Our Culture, Not in Our Home” campaign has taken place in numerous segments since 2020, including South Segment-Twin Buttes, West Segment-Mandaree, and recently in North Segment-New Town. FBHA encourages community participation at all events, where T-Shirts are given out, an awareness walk/run ensues, followed by a meal, and door prizes. Reservation-wide community cleanup during which FBHA employees also conduct unit inspections, and look for evidence of needles around the communities or other drug paraphernalia. MHA Nation has a government Task Force that meets regularly to coordinate a response to the substance abuse epidemic and to develop new strategies. FBHA actively participates in the Task Force meetings. This helps create unity in addressing the substance abuse epidemic.

11. MHA Nation and the Fort Berthold Housing Authority: Partnerships and Alternatives to Tribal CourtsFBHA has entered into Memorandums of Understanding. Memorandums of Agreement to Share its Resources and to Access Resources of other agencies to: Identify substance abuse concerns early. Prevent substance abuse issues from resulting in damage to housing units. Provide resources to families impacted by substance abuse. MOU’s/ MOA’s:MOU with MHA Nation Segment Housing programs for FBHA to drug test housing units for baseline and for cause testing where substance abuse is a concern. FBHA tests for fentanyl and methamphetamine through its Environmental Department. This provides some revenue to the FBHA to support its departments. County Sheriff’s Department MOU to authorize cooperation between FBHA and law enforcement including receiving reports of crime and drug related crime reports, coordinating law enforcement access to units to reduce damage to units, and to authorize cooperation in the investigation of and response to crimes in housing units. FBHA provides information to the law enforcement agency when it identifies substance abuse or crimes, and the law enforcement agency releases police reports to FBHA when they respond to a call for service at an FBHA unit. MOA with Indian Health Service to provide housing to health care workers as essential employees and to work with HIS to attend community meetings and provide health care services to FBHA tenants as patients. MOA with MHA Nation, MHA Nation Law Enforcement Department and MHA Nation Drug Enforcement Program. to authorize cooperation between FBHA and law enforcement including receiving reports of crime and drug related crime reports, coordinating law enforcement access to units to reduce damage to units, and to authorize cooperation in the investigation of and response to crimes in housing units. FBHA provides information to the law enforcement agency when it identifies substance abuse or crimes, and the law enforcement agency releases police reports to FBHA when they respond to a call for service at an FBHA unit.

12. FBHA PREVENTION STRATEGIESCommunity Wide cleanup in each FBHA community coordinated with other programs. FBHA inspects units in the community on the community wide cleanup day, provides educational materials, and documents evidence of substance abuse I that community (needles drug paraphernalia etc. outside of units) and follows up on evidence of substance abuse. Implemented new policies that require testing of all adult household members for applicants for housing. Require evidence of rehabilitation before admission to programs. Implemented policy revisions that encourage tenant reporting of crime and substance abuse by household members and guests, by allowing any tenant ho is not involved in the incident to report the incident and FBHA will terminate that household member’s right to occupy the unit and not the tenant if the tenant reports the incident and cooperates in removal of the household member from the unit. ALL employees are trained to administer NARCAN.

13. FBHA INTERVENTION STRATEGIESMHA has adopted policies that allow the FBHA to use an Administrative Law Judge to hear eviction complaints based on drug-related activity and serious crime on an expedited basis to reduce the burden on the court system and to eliminate the delays in court cases because of increasing court dockets. With criminal law cases taking precedence due to requirements for speedy trials, there have been long delays in getting eviction cases heard. This increases the risks to the community when drug activity in housing units continues. Implementing Compliance Plans with tenants who have substance abuse issues or drug related charges as a condition of continued tenancy, including evaluation, compliance with treatment plan, and drug testing of the tenant and the housing unit on a schedule for a period of time specified in the compliance plan. Surveillance cameras installed in public spaces and around housing areas help to identify the sources of drug issues instead of waiting for police incidents to happen and requesting police reports.

14. Quinault Housing Authority: The History of the Substance Abuse EpidemicThe number of people in Grays Harbor County WA seeking help for opioid addiction has increased more than 300% in the past decade. Methamphetamine and Fentanyl related deaths in Washington State are rising fast. https://adai.washington.edu/wadata/ methamphetamine.htm

15. Quinault Housing Authority: The Impact on the Community of the Substance Abuse Epidemic“Substance abuse knows no boundaries and our communities are interconnected beyond city limits or the boundary of our reservation.” Quinault Wellness Center Website, May 3, 2023, https://quinaultwellnesscenter.com/Increased UnemploymentIncreased Crime HomelessnessMental Health CrisisChronic Medical ConditionsChildren are not safeHarms the programs and businesses with increased absenteeism, inability to find employees to work

16. Quinault Housing Authority: Connection is Key

17. Quinault Indian Nation Wellness CenterThe Quinault Indian Nation opened the Wellness Center in Aberdeen Washington in October 2022. The Wellness Center is a $20+ million dollar facility with capacity to provide services to over 200+ people a day. https://www.king5.com/article/news/health/quinault-indian-nation-open-drug-treatment-facility/281-e2a9c0d2-8f14-4ad0-a28d-b01105fabd05 The Wellness Center Mission is “to assist individuals with substance use and/or mental health disorders to obtain necessary skills, counseling, medication management, and support services to improve their quality of life and level of functioning.”Services include assessment and evaluation, medication management, health care services, child care, referrals to other services and counseling to build skills and address mental health and substance abuse.

18. Quinault Indian Nation: Wellness Court Provides wrap around problem-solving approach for nonviolent drug and alcohol related crimes. Participants must take regular drug and alcohol tests and actively participate in rehabilitationIf a Participant successfully completes the Court’s requirements, the Court will dismiss criminal chargesThe Purposes of the program are: Completing intake assessments;Combining the information obtained during the intake and assessment process with decisions made in the case;Coordinating between the court, the treatment community, the educational institutions and other community agencies. All will respond, as needed, to the needs of the participant, his/her family and the court;Providing active and continuous judicial supervision of a participant’s progress in the various program components;Using incentives to recognize a participant’s progress in his/her treatment and using sanctions for noncompliance;Focusing on the overall functioning of the participant throughout the Wellness Court program, in order to encourage and teach positive decision-making as a part of a healthy lifestyle;Reducing recidivism by developing individualized treatment plans and monitoring a participant’s progress while in the program; andUsing family supporting systems to encourage personal accountability.

19. Questions and Discussion

20. SiokwilPilamayeAhéhee’Hahó,Thank you