BJA FY 23 Residential Substance Abuse Treatment for State Prisoners Program Formula Grant Solicitation

OJP is committed to advancing work that promotes civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and builds trust between law enforcement and the community.

Initially declared a public health emergency in October 2017, the opioid crisis remains a significant public health emergency. This crisis continues to take a devastating toll on the lives of individuals, families, and communities across the nation. In recent years, the increase in synthetic opioids in the nation's drug supply has only served to exacerbate and expand the reach of this devastation with over 100,000 drug overdose deaths in 2021, an increase of almost 15 percent from the prior year. Centers for Disease Control and Prevention data also show that overdose deaths disproportionately impact Black and American Indian/Alaska Native people.

To combat the morbidity and mortality of overdose and the chronic disease of opioid use disorder (OUD), it is critical that individuals with OUD have access to evidence-based, FDA-approved treatments. The Biden-Harris administration has made addressing the overdose epidemic a priority, including increasing access to evidence-based treatment—namely, medications for opioid use disorder (MOUD)—across all settings.

In April 2022, the Department of Justice's Civil Rights Division published guidance further clarifying protections under the Americans with Disabilities Act (ADA) for individuals with OUD, including potential violations of the ADA by facilities or programs that do not allow individuals to be able to continue taking doctor-prescribed MOUD. Recent agreements with state and county correctional facilities resolved allegations that the entities' refusal to permit the use of and provide MOUD violates the ADA. Similarly, a DOJ findings report regarding suicides and failure to provide MOUD in a county jail also helps to illustrate specific instances that were considered to violate the 8th and 14th amendment rights of institutionalized persons. Both the guidance and enforcement reflect the federal government's position that a correctional facility's refusal to permit incarcerated individuals to continue or initiate treatment for OUDs when clinically needed may violate the ADA, the U.S. Constitution, or both.

This information is intended to educate and inform applicants about the ways that this and other funding opportunities could help enhance capacity to identify, screen, and assess individuals who may have substance use disorder (SUD) treatment and recovery support needs, as well as inform efforts in support of the treatment and long-term recovery of individuals with substance use disorders.

Pursuant to 34 U.S.C. 10421 et. seq., the BJA RSAT Program seeks to increase access to evidence-based prevention and treatment, reduce overdose deaths, and support increased access to evidence-based substance use disorder treatment and recovery support services, including medication-assisted treatment (MAT), which is the use of medication in combination with counseling and behavior therapies to treat incarcerated individuals.