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Written By Legacy Healing Center - Mar 5 2020
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An addiction to drugs and alcohol often leads to legal problems as drug-seeking behavior causes a person to do things they normally wouldn’t do. Since addiction is a mental disorder that affects behavior and the justice systems aim to rehabilitate offenders, court-ordered rehab may be deemed necessary for an offender to no longer be a threat to themselves, others, and the community. The court ordered addiction treatment can be seen as a form of alternative sentencing.
According to the Bureau of Justice Statistics, 18 percent of federal inmates and 17 percent of state-held prisoners claim that they carried out their criminal offenses in order to get money to buy more drugs. Legal problems are a frequent occurrence for drug and alcohol abusers, ranging from DUIs and theft to assault and homicide.
Mandated or court-ordered rehab is an effective form of alternative sentencing for criminal offenders and maybe a part of their conditions for probation, parole, or pretrial release. In the past, before addiction was understood to be a mental disorder, little or no effort was made to treat their condition. When untreated offenders are released back into society, they are more likely to be repeat offenders than those who received treatment for their illness as a part of their release or sentencing.
Court-ordered rehab can happen in different ways; it can be the sentencing one receives instead of being imprisoned, or it can be a part of other sentencing, such as a condition of release for someone on parole or probation.
When court-mandated addiction treatment is the sentencing instead of prison time, then a screening investigation must first take place. This screening can be requested by the offender’s loved ones, at which time police officers and the appropriate addiction treatment professionals can conduct a screening investigation to determine if addiction treatment is an apt alternative to other types of sentencing.
If the specialists find that addiction treatment is viable sentencing, then a hearing will be scheduled. At the hearing, the offender, their family or loved ones, and their attorney can ask the judge for court-ordered addiction treatment. Ultimately, it’s the judge’s decision whether or not the person should serve jail time or addiction treatment.
If court order treatment is a condition of release, then it will be ordered by the court as a condition of their parole or probation.
In both cases, the addict must then enter into the appropriate addiction treatment facility and complete the program in its entirety in order for the mandate to be completed. If the treatment program isn’t completed to the satisfaction of the judge, then the charges won’t be dismissed and criminal charges will be carried out against the offender.
If the addiction treatment is to replace other sentencing, then the offender must meet certain criteria for addiction treatment to be a viable solution for the court.
The four criteria are as follows:
1. Alcohol or drug addiction was the direct or indirect cause of the crime
2. It was a non-violent crime
3. The offender meets the criteria for a probationary sentence
4. The judge has determined that rehab would benefit the offender
The court is not required to pay for addiction treatment if mandated addiction treatment is the sentencing. It will be up to the individual in question, or their family and friends, to pay for rehab. However, as with standard drug or alcohol rehab, a health insurance plan may pay for all or part of the rehab costs.
The offender may also choose which rehab they wish to attend as long as the rehab facility is accredited and acknowledged by the court to be an appropriate rehab facility.
If you would like to get further information or advice on court-ordered addiction treatment, or are looking for addiction treatment to satisfy a court sentence, then contact Legacy Healing Center at 888.534-2295.