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This article explores the strained interactions between SAPs and law enforcement regarding syringe access. It discusses the impact of perspective, fear, and misconceptions on the work done by SAPs. It also provides important facts and statistics about syringe access programs and the laws surrounding syringe possession. The article concludes with strategies for improving the relationship between law enforcement and SAPs.
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Syringe Access Programs & Law Enforcement: Building Alliances New York State Current April 2012
Achievement-Based Objectives Illustrated the interaction SAPs and law enforcement experience around syringe access Explored SAP and law enforcement perspectives that drive strained interactions Acquired the data supporting and laws regulating syringe access services
Achievement-Based Objectives Identified “best practices” for improving interactions between SAPS and law enforcement Discovered and demonstrated existing and new strategies for improving and/or building a working relationship between law enforcement and SAPs
World Café: Part III How do these perspectives affect the work we do?
Fear: IDUs ↔ The Law Share needles: 1.5 x more Inject in a hurry, practice unhygienic injecting, damage veins, etc. Don’t “test” strength drug to avoid overdose Don’t report overdose Don’t properly discard syringes
Fear: IDUs ↔ The Law Reduces IDUs attending SAPs syringe access programs Don’t collect/carry enough injecting equipment to meet injecting needs Displaces IDUs, making them to difficult to reach Means IDUs don’t access other health services
Fear: IDUs ↔ The Law Also: Increases NSI (Needle Stick Injuries) to police Escalates interactions between IDU & Law Enforcement
Question 1: TRUE or FALSE? SAPs lead to an increase community crime rates and drug use. FALSE
Syringe Access DOES NOT: Encourage drug use Increase crime rates Increase # of new injectors
Question 2 How many people in the US are NEWLY infected each year with HIV & HCV due to syringe & equipment sharing? • 10,000 HIV & 5,000 HCV • 8,000 HIV & 15,000 HCV • 1,000 HIV & 3,000 HCV • 4,000 HIV & 9,000 HCV B
Syringe Access DOES: REDUCErisk for HCV REDUCE risk for HIV
NY IDUs HIV Seroprevalence Don C. Des Jarlais. Beth Israel Medical Center. New York.
Question 3: TRUE or FALSE? Possession of sterile syringes is legal (in NYS). TRUE Law enforcement is often unaware of syringe possession laws.
Question 4: TRUE or FALSE? Possession of used syringes with residue is legal? (in NYS). TRUE Possession of sterile and used syringes is legal if from SAP/ESAP/OOPP.
SAP CardsConfirm Membership Participants receive different coded ID cards; codes are variations of numbers and letters A 24-hour verification phone number is on the back of the ID card. Programs are anonymous and confidential.
Question 5 • 0 • 10 • 100 • No limit The number of syringes that someone can carry at any one time (in NYS) is: There is no limit on the number of syringes a SAP/ESAP client may carry.
Question 6: TRUE or FALSE? It is legal to carry other injecting equipment and other drug paraphernalia (in NYS). FALSE It is NOT legal to carry other drug paraphernalia with residue.
Penal Code 220.03 & 220.45 An arrest should not be made if the only charge is criminal possession of a hypodermic instrument. An arrest should not be made for residue in a used syringe. NB: Changes to Penal Code/ Awaiting new NYPD Operations Order
Other Equipment • It is NOT legal to carry other drug paraphernalia with residue. • Sharps containers are NOT considered drug paraphernalia
Question 7: TRUE or FALSE? Anyone over the age of 18 can purchase syringes at pharmacies without a prescription (in NYS). TRUE Individuals over 18 can buy up to 10 syringes in an ESAP pharmacy. BUT… not everyone has a SAP ID card to possess syringes.
Question 8: TRUE or FALSE? There is a difference in the legalities around drug paraphernalia/syringe possession in New York City and New York State. FALSE There is no limit on the geographical location in New York City or State. Injectors can possess syringes in areas where there is no SAP if a SAP/ESAP member.
Question 9: TRUE or FALSE? SAPs increase syringes to be discarded in public places. FALSE Fewer discarded syringes: 82% return rate
Question 10 What percentage of police officers have had a needle stick injury (NSI)? 80% 10% 30% 60% C
NSI • 30% police have had at least one NSI • SAP does NOT increase NSI
Question 11: TRUE or FALSE? There is a way for SAPs and their clients to report negative interactions with law enforcement. TRUE In New York State, there is the New York State Department of Health Incident Form
Question 12: TRUE or FALSE? Risk of infection of HCV or HIV through a needlestick is very high. FALSE NSI in healthcare settings less then 1 in 400 NSI community settings appears negligible
Making The Case Take Care Out There!
Putting it to Work Prevention Response Evaluation