Hari
Sreenivasan: Past
the secure gates of the Hampden County jail in Western Massachusetts, Sheriff
Nick Cocchi is taking us to meet incarcerated men who
haven’t necessarily committed a crime.
Sheriff
Nick Cocchi: These are all people that are at a point in
their life where forced treatment and necessary and immediate treatment was
called for.
The sheriff runs a program for men who have been civilly committed for
substance abuse treatment under a Massachusetts law called section 35.
Sheriff
Nick Cocchi: Here, for the first four or five weeks, you
can’t go anywhere, you’re here.
Hari
Sreenivasan: Our
first stop is a daily mindfulness meditation class.
Someone watching this
they're literally going to hear the new age music and they're going to see guys
on floor mats deep breathing and they're gonna say
what's going on with the sheriff? He's supposed to be making sure…
Sheriff
Nick Cocchi: A tough guy…
Hari
Sreenivasan: Yeah.
Sheriff
Nick Cocchi: Yeah, well I’ve always said this, a fair county
sheriff is giving them the resources and the tools to address those issues and
to go back into the community and be successful. We’re saying there’s a better
life and we’re saying can help you get there.
Hari
Sreenivasan: Under
section 35 a family member, police officer, or doctor can petition a court to
commit an individual -- that is, hold them involuntarily -- if that
person has an alcohol or substance abuse problem and is a risk of serious harm
to themselves or others.
Similar to involuntary commitment for mental illness, after an evaluation by
a clinician, a judge can “section” a person, as the process is known, for up to
90 days. For women, that means receiving treatment in a civil facility. But for
most men, it means getting treatment in a jail.
Sheriff
Nick Cocchi: It's a tool to be used as a last resort. We
would love for people to put their hand up and say I have an addiction issue
and I need help and I'm willing to go get that help but that's not the case all
the time. So it's important that the family members
have an option that they can help bring their loved one in, actually get them
the help that they need whether they're ready for it prepared for it or want it
or not.
Hari
Sreenivasan: The
law has been on the books since 1970, but the number of people committed has
gone up nearly 66 percent in the past ten years thanks to the opioid crisis.
Sheriff
Nick Cocchi: The noise level is down, there’s not a lot of
commotion.
Hari Sreenivasan: In Cocchi’s program the men are housed
in a unit that’s isolated from those who are criminally incarcerated.
The men are called
clients rather than inmates or prisoners. There’s 24/7 medical treatment
available, including drugs like methadone, buprenorphine, and naltrexone, all
of which are FDA approved to treat opioid addiction. And there’s access to
addiction counselors and daily group therapy.
The rooms are jail
cells, but Sheriff Cocchi says the doors are not
locked and the men here aren’t confined to them.
Sheriff
Nick Cocchi: So the days are very structured but they're not
structured to where we force anyone to do anything. You have
to voluntarily get up and go to class.
Hari
Sreenivasan: There
are even therapy dogs.
Sheriff
Nick Cocchi: How you feel?
Client: Nervous, but good. I’m ready.
Sheriff
Nick Cocchi: Was it worthwhile to be here?
Client: Yeah, absolutely.
Sheriff
Nick Cocchi: Good.
Hari
Sreenivasan: After
several weeks at the unit in the jail, many men quote “step down” to a facility
about 20 minutes away in Springfield. Located in a renovated nursing home, it
has fewer restrictions and is more like a dorm.
The emphasis remains on
recovery.
Antoine
Diaz: It's getting in touch
with your inner peace. The way we were hitting the drums, we have
to find that because it's not the drink and the drug, it's enjoying life
without it.
Hari
Sreenivasan: 39-year-old
Antoine Diaz has struggled with addiction for more than a decade. He lost his
brother to a heroin overdose last year.
Antoine
Diaz: This time when I
relapsed my twin brother was dead. And that's when it's, it's easier to die. It
really is. People are not really suicidal but just the pain and the suffering becomes overbearing that they just want to shoot it away.
And next you know it could be a bad batch and you're gone. And I experienced
that this time. I was dead for three and a half minutes. No heartbeat, no
nothing.
Hari
Sreenivasan: After
being revived, Diaz was “sectioned” by his family.
Antoine
Diaz: Then they came and said
you're getting sectioned, I flipped out. I hated my wife, I hated everybody but she was right. I needed to be removed. That's
what a section is. You need to be removed from society.
Hari
Sreenivasan: Since
the program began last May, more than a thousand people have gone through the
section 35 program in Hampden County, and the sheriff’s department says fewer
than five percent have been sectioned again.
But it doesn’t track
relapses that don’t result in another civil commitment.
Sheriff
Nick Cocchi: We're not telling you that we have a magic wand
and we can wave it and we can cure people because there is no cure. We’re
engaged every day trying to be part of the solution in taking another chunk out
of this ravaging ugly disease of opioid addiction.
Hari Sreenivasan: Antoine Diaz credits the approach of the Hampden
County sheriff with helping him get to this point.
Antoine
Diaz: I’m going to be honest
with you, I didn't, I didn't like Cocchi, right the
sheriff. I had another guy I liked but I swear to God to you, I swear to you
his message and his way for recovery is passionate, real, the programming
everything it’s progressive, like it’s different.
Sheriff
Nick Cocchi: Over here we have another classroom area.
Hari
Sreenivasan: To
pay for the program’s first year, Cocchi reallocated
nearly three million dollars from the existing sheriff’s department budget. And
in july, the Massachusetts legislature earmarked an
additional million dollars for the program.
Sheriff
Nick Cocchi: Now one million dollars is a drop in the hat.
But it was a major move in the right direction especially with all the people
that are criticizing the program.
Bonnie
Tenneriello: Why would you have a system where instead of using health care
settings to treat a disease you put that money into prisons?
Hari Sreenivasan: Bonnie Tenneriello is one of those
critics. She’s a staff attorney at Prisoners’ Legal Services of Massachusetts,
a nonprofit group that represents incarcerated people.
Bonnie
Tenneriello: It may be a nicer environment than an ordinary
prison setting but it's still a prison and you're still telling people you
belong in jail. There is already enough stigma around addiction that for us to
say it's OK to put people with addiction in jail just furthers that stigma,
furthers a belief in our communities that these people are bad. And that's
going to stop people from getting treatment.
Hari Sreenivasan: Tenneriello is suing the state to end the use of jails for
treatment on behalf of ten men who have been “sectioned” at a facility in
Plymouth called the Massachusetts Alcohol and Substance Abuse Center, or
MASAC.
Hari
Sreenivasan: The
suit alleges abusive behavior by corrections officers, minimal substance abuse
treatment, and overall, a traumatizing experience for people “sectioned”
there.
Joel Kergaravat: You put people in jail they’re gonna to
act like they’re in jail and a lot of people did.
Hari Sreenivasan: 37-year-old Joel Kergaravat is not one
of the plaintiffs in the lawsuit, but he spent several weeks in MASAC. He was
sectioned by his family last June after struggling with opioid addiction.
Joel Kergaravat: The Department of Corrections is equipped to handle prisoners.
They’re not equipped to handle mentally ill or sick people. That was evidenced
by the fact that they would refer to us as junkies and, you know, pieces of
shit and, it’s not, it’s not their arena.
Hari Sreenivasan: Kergaravat has been sober for about a year, but he says
that’s in spite of his experience at masac, not because of it.
Joel Kergaravat: There’s no treatment. Nothing I would consider treatment there.
It felt like having gone to jail for, for a period of time
for a crime I didn’t commit.
Hari
Sreenivasan: Citing
the pending litigation, the Massachusetts Department of Correction, which
operates MASAC, declined an interview with PBS NewsHour Weekend. But in court
filings the state denied the suit’s allegations, and “strongly reject[s], as
both a factual matter and a legal matter, the suggestion that the commitment of
section 35 patients to [its] facilities…is equivalent to ‘incarceration’ or
‘imprisonment.’
The Hampden County
sheriff’s department is not specifically named as a defendant, but Bonnie Tenneriello says the lawsuit aims to end the use of jails
for all section 35 commitments across the state.
She says that would
simply put men and women in the state on equal ground. Remember, women who are
“sectioned” are treated only in civil settings. That’s because in 2016 the
Massachusetts legislature explicitly changed the law.
And
there’s now pending legislation that would do the same for men.
In September, a joint
committee of state legislators held a hearing on this issue
Rep. Ruth Balser: We are the only state in the
nation that sends people with addiction for involuntary treatment in a prison
facility. This is what we need to change and what we want to change.
Hari
Sreenivasan: And
in July, a state commission also recommended that Massachusetts end the
practice.
Sheriff
Nick Cocchi: When people point at us and say it shouldn’t
happen there. Well where else is it gonna happen?
There was not one bed for these type of men in western Massachusetts. We opened this program a year ago and now they tell me but you shouldn't be doing it. Hey, how about a phone
call. Say thank you. I'll take those calls all day long.
Hari
Sreenivasan: Antione
Diaz says the setting in a criminal justice facility is not what makes being
sectioned hard.
Antoine
Diaz: It's not jail. You're
civil. It doesn't matter where they house you at. In reality
being here, people don't want to be left alone. Being here is hard for
me. You know why? Because like I have to be left with
me and I'm the problem. And it's uncomfortable. But it teaches me how to grow.
You know, it did not feel like jail and I did a jail bit.
Sheriff
Nick Cocchi: Instead of taking shots at us come on down and
see it for yourself...
Hari Sreenivasan: Sheriff Cocchi says he’s open to having his program regulated by civil agencies in
the state, including the Department of Public Health. But in the meantime, he
says the stakes couldn’t be higher.
Sheriff
Nick Cocchi: Take my hundred and twenty beds away. Then what?
How many funerals we going to? How many family members have got to bury a loved
one? I'm not going to be on that side of the coin.
Bonnie
Tenneriello: But that's a false choice you have. You need a
civilian setting for these people. We're not saying take the treatment away.
What we want is a commitment to fund and make available treatment in health
care settings where it belongs
Hari Sreenivasan: Tenneriello supports the pending state legislation to make
that happen.
But Sheriff Cocchi argues that his program should be allowed to
continue, even if others in the state are not.
Sheriff
Nick Cocchi: I would ask, don’t throw the baby out with the
bathwater, please. If we’re doing it right, acknowledge that. Carve us out.
Allow us to do what we’re doing.”
Hari
Sreenivasan: For
now, the sheriff will continue doing exactly that. But opposition to providing
treatment for civilly-committed men behind these gates remains.
###
|
TIMECODE |
LOWER
THIRD |
1 |
1:44 |
NICK COCCHI SHERIFF, HAMPDEN COUNTY |
2 |
2:57 |
[SUBTITLE] NERVOUS, BUT GOOD.
I’M READY |
3 |
3:01 |
[SUBTITLE] YEAH, ABSOLUTELY. |
4 |
4:33 |
NICK COCCHI SHERIFF, HAMPDEN COUNTY |
5 |
4:47 |
ANTOINE DIAZ HAMPDEN COUNTY SECTION 35 CLIENT |
6 |
7:19 |
JOEL KERGARAVAT FORMERLY SECTIONED AT MASAC |
7 |
8:26 |
RUTH BALSER (D) MASSACHUSETTS STATE REPRESENTATIVE |
8 |
9:11 |
ANTOINE DIAZ HAMPDEN COUNTY SECTION 35 CLIENT |
9 |
9:39 |
NICK COCCHI SHERIFF, HAMPDEN COUNTY |
10 |
9:49 |
BONNIE TENNERIELLO PRISONERS’ LEGAL SERVICES OF MA |