Addiction and substance abuse are huge problems worldwide. Unfortunately, abusing substances can often lead to social misconduct and unacceptable behaviors, including committing a crime. We can see a large number of DUIs and crimes committed under the influence.
That’s when addiction doesn’t only harm the individual, but other people, too. It’s also where court-ordered rehab comes into play.
Here are all details about this treatment that could inspire a positive change!
What Is a Court-Ordered Rehab?
This treatment serves as an alternative to incarceration. The judge can issue court-ordered rehab when they believe this approach is more beneficial than jail time. The idea behind these treatment programs is to help the individual deal with addiction and prevent future problems.
The statistics indicate that persons under the influence of alcohol or drugs often commit crimes. DUIs, domestic violence, and property crimes are the most common categories.
Substance abuse can lead to criminal incidents, but it’s also a public health matter. It’s why the experts suggest involuntary rehab can be a successful alternative sentence for these offenders.
What Are the Different Types of This Rehab?
The law recognizes two different paths to receiving court-mandated rehab. The first one features criminal cases, which is when the offender faces potential jail time. It’s up to the judge to decide and recommend rehab instead of incarceration.
California is among the states that implemented involuntary commitment laws. That opens another path to rehab in this territory. It gives a family member an option to file a petition to see if their loved one meets the criteria required to get this treatment.
Orders for Rehab in Criminal Cases
Substances like alcohol or drugs play with our minds. Many offenders would never commit a crime if they were sober. But if they are under the influence, that increases the chances of illegal action. For example, if someone is a drug addict, they might have an extreme craving. It could lead them to steal money or attack someone to get money for drugs.
After the person gets caught, the judge will assess the case. Many judges are open to issuing a court-ordered drug treatment instead of incarceration. If it’s the first crime that person committed or they get a trustworthy criminal defense lawyer, it increases the odds of getting this alternative sentence.
Emergency Orders for Drug Rehab
Who’s the first one to recognize that an individual has a problem? It’s family members, close friends, or a loved one. The option to push for an emergency order for involuntary rehab gives an option to the family to act before an addict commits a crime.
It’s possible to get an emergency order for rehab in California. Here is how the process works:
- You submit a petition to the relevant court. Make sure that you actually believe the person really requires a court-ordered treatment.
- The person will be assessed. Any evidence and testimonies will be presented to the judge. They look for proof that the person’s mental health is poor, they lack self-control, or they pose a danger to themselves or others.
- The court decided to hold the individual for involuntary assessment. The addiction treatment the judge orders can last up to 60 days.
Who Is Eligible for Rehab in California?
If we are talking about criminal cases, first-time offenders have a high chance of getting rehab instead of jail time. Therefore, the judge will analyze all relevant factors before recommending drug rehab California treatments.
These include:
- Type and severity of the crime. Non-violent crimes often motivate judges to consider recommending a rehab program.
- Violation frequency. First-time offenders have higher chances of qualifying for court-mandated rehab. If it’s a repetitive crime, you could be facing incarceration or prosecution.
- Substance abuse led to the crime. If abusing drugs or alcohol led to the criminal act, it could serve as a ground for alternative sentencing.
- Qualification for probation. If a probation sentence is possible, it could include drug rehab.
The court needs to be convinced that the offender could benefit from rehab. That’s why it can help to have a skilled drug lawyer with years of experience by your side.
How Long Is Court-Ordered Rehab?
The judge will decide the length of court-ordered treatment. However, the rehab cannot be longer than 60 days. Some offenders find that enough time to start thinking rationally. They could even decide to continue the rehabilitation to achieve complete sobriety.
Doctors and professional counselors might recommend earlier rehab releases. However, the court also has the right to prolong their initial order. They usually do that if they get negative testimony from relevant experts for that case.
Can You Refuse Court-Ordered Treatment?
It’s theoretically possible that your specific treatment breaches your constitutional rights. For example, that happens if the court orders you to attend a drug addiction program based on religion. If you believe that’s your situation, don’t hesitate to contact attorney experts in that area.
But if that’s not the case, you can only refuse involuntary rehab to switch it for other legal penalties. The only possible alternative might involve prosecution or jail time. That makes these treatments the best legal option and not only a potentially wise choice for your long-term health.
Who Pays for Court-Ordered Rehab?
The person who received the order is the one that needs to pay for the treatment. Some insurance plans might cover a portion of expenses or the whole program. You also keep the right to pick the facility where the rehab will occur. Some national institutes might offer subsidized, or reduced payments that ensure the offender can cover the costs.
It’s vital noting that a team of professionals will monitor you during the treatment. That includes healthcare providers and legal professionals. The idea is to ensure you comply with the order but also to provide a useful therapeutic experience.
Is Involuntary Rehab Effective?
A study published in 2006 revealed that involuntary rehab is every bit as effective as voluntary treatments. That’s encouraging, as well as the fact that these programs have a higher attendance percentage overall.
The motivation for rehab might be lower, especially in the beginning. However, the long-term success results are encouraging. Involuntary treatments have similar abstinence and employment rates to voluntary programs.
How to Choose a Court-Ordered Treatment Program
Your selection of available facilities will depend on the court order. The system aims to identify the best treatment for every individual.
That could include:
- Accelerated pretrial rehab program. These are for non-violent crimes and first-time attendees of these treatments. The offender can get charges dropped if they finish the rehab successfully.
- Educational programs. It’s the most common program found in court orders. It’s because it’s affordable, but also because it’s a frequent choice for DUIs and similar alcohol-caused crimes. You might qualify for sealing court files after completing this program.
- Group counseling. You’ll often find this rehab works on the famous 12-step model to fight addiction.
- Residential counseling. This is a demanding program for alcohol and drug offenders. You might find this program in large prison systems.
- Detox and inpatient rehab programs. If the court issues, you’ll need to stay in a detox center under medical supervision. Another option is an inpatient facility that replaces a harsh sentence or incarceration. You might get community service hours as part of your punishment.
Apart from this, you can consider the location and cost of the facility. You can even look for other features offered by a particular treatment facility to ensure they meet your needs.