Poster #68 - Good Samaritan Laws in Overdose Response: A Wisconsin Case Study

• In Event: Saturday Poster Luncheon

Abstract

Amid rising overdose deaths, state legislatures across the country have enacted Good Samaritan Laws (GSLs) to encourage bystanders to call 911 by offering limited legal protections (Moallef & Hayashi, 2021). Despite all U.S. states having an active GSL, the exact legal protections provided to both “aiders” and the “aided” vary considerably across states (Reader et al., 2022). Prior studies of GSL effectiveness show mixed results, with evidence of increased calls to 911 for overdose response and possibly limited knowledge of GSLs among people who use drugs (PWUD) (Moallef & Hayashi, 2021). In Wisconsin, current protections apply only to aiders, who are granted immunity from prosecution for possession of paraphernalia and controlled substances. A previous Wisconsin state statute, enacted in 2017, provided additional immunity from prosecution for possession for the aided and immunity from probation, parole, and extended supervision revocation for both parties. However, these additional protections sunset in 2020. This study examines how GSLs are implemented in practice, drawing on interviews with 16 law enforcement officers and 10 harm reduction advocates in a non-metropolitan Wisconsin county. While previous studies have focused on GSL awareness among PWUD, this study explores the working knowledge of these laws among de facto overdose first responders, law enforcement officers, and their use in practice. This focus will provide insight as to the unique policy context of limited legal protections for aiders and wholly absent protections for the aided in the state of Wisconsin. Preliminary findings suggest that law enforcement officers’ understanding of Wisconsin’s GSL is often inconsistent with current statute and varies considerably across officers. Additionally, the lack of arrest immunity and the narrow scope of prosecution immunity preserve multiple opportunities for criminalization during and after an overdose response effort by law enforcement. These risks are especially present in contexts where individuals at the scene of an overdose have current criminal legal system involvement—through active warrants, probation, parole, or extended supervision. Officers engage in temporal compartmentalization at the scene of an overdose, initially prioritizing life-saving care but often reverting to punitive enforcement. Views of the impact of current GSLs vary across HR actors based on their proximity to multiply marginalized PWUD, which subsequently influences HR actors' propensity to encourage PWUD to call 911. Policymakers should consider strengthening state GSLs to include more expansive legal protections for both aiders and the aided, and explore or expand overdose responses that are free from law enforcement presence (Macmadu et al., 2022).

Author

• Grace Landrum-Hall, University of Wisconsin-Madison
  Presenting Author