Overdose amnesty program hopes to curb fatal OD numbers

• Ross County facing a year in which more people died from fatal drug overdoses than any other year
• Prosecutor announces amnesty OD program that will help possible fatal doses get help quicker.
• Program will give amnesty to low-level drug offenses if someone calls 911 to help overdose victim.
• Ohio currently has no 'good Samaritan' law, but one currently in judiciary committee.

CHILLICOTHE - After a year that will likely see Ross County post a record number of fatal drug overdoses, county officials are banding together to create a program that will they believe will help reduce those deaths.

Ross County Prosecutor Matthew Schmidt announced the Overdose Amnesty Program at a Thursday press conference that included Chillicothe Law Director Sherri Rutherford, Ross County Sheriff George Lavender and Chillicothe Police Chief Keith Washburn.

"Heroin is not worth dying over," Schmidt said. "Law enforcement officials in this county would rather see addicts get help, than get arrested. We would rather see lives saved, than lives lost."

To that end, Schmidt announced the program that will give amnesty to any person who witnesses another person overdosing, or believes that they are overdosing, and calls for emergency help. Such callers can request amnesty on misdemeanor drug charges, including drug possession, possession of drug abuse instruments, permitting drug abuse and drug paraphernalia charges. Amnesty will not be granted to those engaged in drug trafficking, he said.

"This is not for drug dealers," Schmidt said. "You won't be able to avoid charges"

The amnesty program has been developed in the last few months by Schmidt's office in conjunction with the Ross County Sheriff's Office, the Chillicothe Police Department and other law enforcement agencies in the county.

"Ross County, like many other counties in Ohio, is faced with epidemic opiate abuse," he said. "A tragic result of this epidemic is an alarming increase in drug overdose deaths. Far too often, emergency responders are not alerted to an overdose until it is too late to provide critical treatment."

The program does not require the person to stay at the scene until rescue crews arrive, unlike some other laws across the nation. Information for drug treatment programs will be given to anyone who stays at the scene, but going to treatment is not mandatory for those who stay.

Already in place in 34 states, including Kentucky, West Virginia, Pennsylvania and Illinois, generally "Good Samaritan" laws allow a caller to report someone possibly experiencing an overdose emergency to law enforcement without the fear of being prosecuted for supervision violations and low-level drug offenses. Ohio does not currently have such a law, but House Bill 249 seeks to create one and is currently in the House Judiciary Committee.

Schmidt said he is currently prosecuting one case for reckless homicide where the accused tried to revive an overdose victim by throwing cold water on the victim and beating him with a pan. The man — who was not named and was not listed in online court records — was successful, but, in the process, perforated the victim's bowel and he died a few days later. Rutherford said there is one case in municipal court of a man, Kenneth Ison, who failed to report the overdose death of a friend in his driveway. Both cases are still pending.

The announcement comes at a time when local officials believe the number of drug overdose deaths could top 40 in 2015, up from 28 in 2014, which was a new record. As of Dec. 1, the Ross County Coroner's Office has reported 29 fatal overdoses in the county.

Washburn said the police department handled five drug overdose calls on Dec. 23-24 alone and, on Monday, there were three overdose calls and a methamphetamine lab bust.

Lavender and Washburn both said the addition of training and ability to use Narcan, an overdose-counteracting drug, is also critical to helping curb fatal overdoses. Chillicothe police started carrying the drug about six weeks ago and Ross deputies have had it for about three weeks.

"Heroin use and drug overdoses have invaded every section of our community," said Rutherford. "It doesn't know a socioeconomic boundary and, in some cases, there's a generational aspect to it as well.

"This is not a panacea, but it's one step in combating the problem."

Schmidt did say the amnesty program will not allow someone to avoid a probation violation, bond violation or Drug Court sanction, or to avoid a parole violation because he cannot establish a rule that supersedes judicial powers.