The government of North Rhine-Westphalia has announced its intention to introduce a legislative proposal to the Federal Council, aimed at ensuring continued receipt of basic income support for convicted drug offenders undergoing therapy. The Ministry of Justice revealed the initiative on Sunday, emphasizing its focus on securing both the livelihood and necessary medical care for affected individuals while simultaneously reducing bureaucratic obstacles.
The move stems from a 2021 ruling by the Federal Social Court. This judgment stipulated that individuals convicted of drug-related offenses, while undergoing treatment under Section 35 of the Narcotics Act, are ineligible for social benefits. The practical consequence of this ruling has been the loss of health insurance coverage for many and a lack of sufficient funds to cover basic living expenses during their therapeutic programs.
Justice Minister Benjamin Limbach stated that the guiding principle of “therapy instead of punishment” offers individuals struggling with addiction a genuine opportunity for rehabilitation. He warned that a failure to uphold this principle could result in the release of individuals with untreated addiction back into society, potentially increasing the risk of further criminal activity. North Rhine-Westphalia previously presented a similar draft law in February 2024, which was not able to be reviewed due to the premature dissolution of the Bundestag.