High drug addiction, overdose, and incarceration rates have led to alternative solutions such as drug courts that can send nonviolent drug offenders to rehab instead of prison. The number of such drug courts—adult treatment and family—has increased to more than 3,000 in the United States, according to a January 2020 National Institute of Justice report.
Likewise, the number of drug offenders in court-ordered rehab has risen, sometimes more than doubling. Sometimes it is an involuntary commitment, other times it is conditional probation instead of jail or prison time. Regular drug tests are mandatory.
Many times the drug offender isn’t interested in rehab, just avoiding jail, which has led to bench warrants for failure to appear (FTA) in court, also known as failure to show (FTS). Since addicts are expected to relapse, the question is how harshly to punish an FTA. Sometimes a little patience might have better results in the long term.
What Is Drug Court?
Longer prison sentences have not resulted in less drug use in part because most jails and prisons can’t—or at any rate, don’t—offer even the most basic drug rehab. Since drugs are available on the black market in prison, most offenders who arrive addicted leave addicted. So policymakers have looked for alternatives.
Drug court programs are courts for offenders whose crimes are closely connected to their severe substance use. Not all drug offenders have substance use disorders (SUDs), but those who do are either diverted from regular courts before sentencing or their sentences are deferred or modified after successful rehab treatment.
It is in the court’s and the taxpayers’ interests if the offender is going to rehab while on probation instead of while they are incarcerated.
What Is Court-Ordered Rehab?
Court-ordered rehab is a provisional get-out-of-jail-free card, a chance for drug offenders whose crimes involve their drug addiction to receive help instead of punishment. The exact provisions depend on the defendant and the crime.
It’s not necessarily a free ride. The defendant may be expected to pay for the treatment. Usually, health and medical insurance should pay at least some of the cost.
There’s not total agreement that court-ordered rehab is effective if the defendant does not want to get well. Even if it is, the courts might treat harshly anyone who wastes available resources by pretending to want rehab treatment but doesn’t take it seriously. It is estimated that about two-thirds of inmates in the United States have some form of SUD but receive no treatment. The rehab option is a gift.
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Even after treatment, some form of a support group such as Alcoholics Anonymous or Narcotics Anonymous may be a condition of parole.
Types of Court-Ordered Rehab
Usually, courts order rehab in long-term (more than 90 days), inpatient settings where the clients can be more closely monitored and are less likely to have an opportunity to relapse. There they receive psychotherapy, other treatments, and regular drug testing to ensure they are not reoffending.
One of those other treatments is medication-assisted treatment (MAT): the use of drugs to fight drug addiction. Despite what some doctors, law enforcement officers, and lawmakers say, MAT is not trading one addiction for another. Because of this antimedication prejudice, even though many organizations—government, national, and international—recommend MAT, only about half of drug courts use them.
Methadone and buprenorphine are opioids and they are sometimes diverted to the black market, but they are an effective addition to psychotherapy. For opioid addicts, these drugs are too weak to get them high but can control the symptoms of withdrawal from more potent opioids such as heroin or OxyContin (oxycodone). A third MAT, naltrexone (Vivitrol or Revia), blocks the euphoric effects of opioids.
Benefits of Court-Ordered Rehab
A hard-line, one-strike-and-you’re-out policy toward drug offenses is usually advocated, but the benefits of court-ordered rehab versus simply locking people up often produce better results for the offenders and society, such as:
- A 13% drop in criminal activity.
- 10% fewer rearrests and as much as 40% less recidivism.
- 20% less drug use and 17% fewer positive drug tests.
- An average cost savings of almost $7,000 per offender over the cost of incarceration, even counting addiction rehab treatment.
The problem remains what to do with those who are ordered into or offered the option of rehab over incarceration when they violate the terms of parole or probation. These violations can include missing or failing a drug test, leaving the rehab without permission, or a failure to appear for a court-ordered progress report.
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Violating a Court-Ordered Rehab Treatment
Many offenders end up violating a court-ordered rehab treatment provision, such as missing a drug test, failing to show up at the treatment center, or failing to appear in drug court. In many cases, this should not end the offenders’ time in court-ordered rehab.
Most missed court appearances are due to circumstances beyond the defendant’s control, such as hospitalization for health problems, or simple forgetfulness. Remember, the court date was probably set weeks or months ago. Many rehabs have waiting lists. An appointment can easily be forgotten, especially if the defendant isn’t in their home. They rarely miss more than two appointments.
Relapse is common, too, for those with substance use disorders, as it is with all who have a chronic medical condition (high blood pressure, diabetes) for which there is no cure, only control.
Sometimes a relapse is only a one-time slip, a momentary lapse, then recovery is resumed. The addiction community considers such a relapse a slip, not a failure. If the individual fears the drug court has a one-strike-and-you’re-out policy, that might be motivation enough to risk an FTA instead of a positive drug test.
Consequences for Violating Court-Ordered Rehab Treatment
The consequences for violating court-ordered rehab treatment can vary, depending on several factors. If the defendant was out on bail, the bail may be forfeited. The defendant may be subject to arrest. If arrested, the defendant will likely receive a higher bail or no bail and a less lenient sentence.
For the defendant with a substance use disorder, the worst outcome may be being removed from rehab and sent to prison.
However, there are at least two defenses that the courts may accept with proof:
- If the defendant didn’t receive a notice to appear order or summons. This defense won’t work if the individuals moved or otherwise failed to keep the court apprised of their address.
- If the FTA was due to circumstances beyond the defendant’s control. Accidents happen, literally. If the defendant is in the hospital with a broken leg or in a coma, they can’t be expected to appear. They or their representatives should, however, manage to get word to the court and provide the court with evidence of the defendant’s circumstances.
Court-ordered rehab may be the last thing the drug offender wants. It’s not easy and failure may be punished as harshly or worse than opting for a regular court. But, it can be a chance to reset their lives and start over drug-free.
References
- ncjrs.gov – Drug Courts
- healthline.com– Should People with Drug Addictions Be Forced into Rehab?
- pewtrusts.org – More Imprisonment Does Not Reduce State Drug Problems
- ndcrc.org – What Are Drug Courts?
- vox.com – Stop thinking nonviolent drug offenders are better than people who committed other crimes
- halt.org – Court-Ordered Rehab: 8 Facts You Need to Know
- store.samhsa.gov – Adult Drug Courts and Medication-Assisted Treatment for Opioid Dependence
- theappeal.org – The ‘Failure To Appear’ Fallacy
- hg.org – Court-Ordered Rehab and the Consequences for Violations
