How to get a court ordered rehab?
There are two ways to get a court-ordered rehab:
- Formally requesting one via the local courts or a drug court
- Getting emergency court-ordered rehab
A court-ordered rehab is an alternative to prison and is mandatory.
What is a court-ordered rehab?
Court ordered rehab is alternative sentencing where a court rules that the alcohol or drug addict attend a rehab programme.
This sentencing is for those with substance use disorder when the court determines that a crime was committed under the influence of a substance.
In criminal cases, the requirement for court-ordered addiction treatment is:
- The addict committed a non-violent crime
- The crime committed was either directly or indirectly as a result of alcohol or drug abuse
- The court believes the offender will benefit from rehab
- The offender qualifies for probation
What Are The Different Types Of Court-Ordered Rehab?
Alcohol Education Programme
This programme is for those caught drunk driving or being drunk and disorderly.
The alcohol education programme is designed to help offenders make informed decisions to avoid re-offending in the future.
The programme lasts 10-15 weeks, and any charges are dropped once the programme is completed.
Drug Education And Community Service
This programme is for those caught in possession of drugs or drug-related paraphernalia.
The programme lasts 15 weeks.
Eligibility depends on previous attendance in the programme.
Accelerated Pre-Trial Rehabilitation Programme
This programme is for offenders with precise rehabilitation needs.
There are strict requirements for attending this drug treatment programme, e.g., this is a first offence.
The defendant is acquitted of all charges once they complete treatment.
Court-Ordered Rehab Process
- At the police station, the suspect is arrested
- The police may also take a drug test. If the test comes positive, the alcohol or drug user may be offered a drug support worker
- The defendant will be arraigned in court after they've been found guilty
- After the court system issues rehab, the offender will be enrolled at a drug or alcohol treatment centre
- A probation officer will supervise the offender and liaise with the rehab facility
Once rehab is completed, charges may be dropped or significantly reduced.
Emergency Court-Ordered Rehab
Emergency court-ordered rehab involves filing a petition via the local courts or the drug court, either online or in person.
A hearing will be scheduled within 14 days if there is probable cause in the petition.
During this time, that addict will be provided with an attorney and assessed by two health care professionals to determine the need for treatment.
Medical professionals may also assess the patient's mental health condition to determine treatment needs comprehensively.
Depending on the situation, an emergency court-ordered rehab for drug and alcohol treatment may be mandated within 60 to 360 days.
How To Get Out Of Court- Ordered Rehab?
- Consult with a lawyer - if court ordered rehab has been appointed incorrectly, a lawyer will appeal the decision in court
- Petition the court during treatment - if treatment is unsuccessful or significant progress has been made, courts may decide to finish the programme early
Who Pays For Court-Ordered Rehab?
The addict pays for the expense of a court-ordered rehab at a treatment facility and can choose a facility based on individual needs or budget.
Consequences For Violating Court-Ordered Rehab
Consequences for violating court orders vary depending on:
- The type of violation
- The addict's criminal history.
- Time spent in treatment.
- Frequency of offending
- Behaviour during treatment.
Typically, repeated violations of court orders lead to a prison sentence.
Duration
Rehab ordered by a court typically takes 60 days, and is extended if no improvements are made.
Is Court-Ordered Drug And Alcohol Treatment Effective?
Some reports show that court-mandated rehab treatment promotes long-term attendance because of the legal pressure and steep consequences enforced by law [1].
Another study showed that although active participation was low among addicts forced into treatment, they were more likely to complete inpatient treatment, unlike those who voluntarily went for treatment [2].
Still, other studies suggest that mandated treatment is ineffective [3].
Other researchers show that the success of the court-mandated approach varies from programme to programme [4].
