According to SAMHSA, Substance Abuse and Mental Health Services Administration, over 276,000 adolescents were current nonmedical users of pain relievers in 2015, with 122,000 having an addiction to prescription pain relievers.
Although prevalent in today’s society, the opioid crisis obviously isn’t the only drug that’s affecting the lives of many. A variety of drugs and alcohol could cause a typical person to act out of their normal judgment and commit crimes while in an altered state of mind.
Rather than completing jail time from a crime committed while under the influence, a defendant may be able to receive treatment to treat their drug addiction.
In the eyes of the law, this could be more helpful to improve the defendant’s behavior and judgment and help them to avoid making the same mistakes again or committing a crime that’s even worse in the future.
Rehab is appointed in certain situations with a strong desire for success. But how does the whole process work in the state of Florida?
Emergency Court-Appointed Rehabilitation
There are a variety of drugs that could be affecting a person’s life for the worse. Whether it’s different types of drugs or alcohol—or even both—not all rehab facilities are fit for everyone.
The court partners with police officers and addiction specialists to typically complete a screening. This helps the court to better understand which facility would be best suited for them to reach their sobriety goals.
If the defendant is found unable to control their actions, use drugs daily, and/or is suffering from other health conditions because of their drug addiction, and continues to behave dangerously to themselves and their surrounding peers, the court will consider an emergency court order for rehabilitation.
A court hearing will be scheduled, at which the family of the accused will plead their case. When all is said and done, the authorities will have the last word regarding the situation.
Qualifying for Court-Appointed Rehab
Sometimes, a prison sentence just is not the right solution to the bigger problem at hand, and the court realizes this! Rehabilitation can change the life of the accused, as well as the people around them for the better.
However, just because someone may have been under the influence while committing a crime, does not mean that they automatically can qualify for court-appointed rehab rather than serving a sentence in jail or prison.
There are a few factors that the court will consider, including:
- Whether or not the crime committed was violent or nonviolent.
- The crime committed took place directly because of the influence that drugs had on the defendant.
- The defendant may actually benefit from drug or alcohol rehabilitation.
- The defendant qualifies for a probationary sentence.
If the defendant has committed a nonviolent crime and has only done so because of their dependence on drugs, they could benefit from rehab and possibly qualify to be on probation. Thus, the court will consider rehabilitation rather than time served.
Different Types of Intervention Programs to Consider
There are a variety of substances that a person may be addicted to, meaning that every program may not be the best suited for them. A defendant that commits a criminal offense based on their drug use should seek treatment that is specific to them and their addiction(s).
These programs have strict requirements in order for the defendant to qualify, like not having participated in a similar program in the past or having committed a felony.
Once qualifications have been met, there are a couple of intervention programs that are considered to help improve people’s lives by negating their addictive practices.
Alcohol Education Programs
If the offender committed a crime like driving while under the influence (DUI), then the defendant may qualify for an alcohol intervention program.
Typically, the court file is sealed when the defendant decides to apply for this program, which means that the record may not be able to be viewed by the public any longer while completing the program.
Before starting the program, the defendant may have to undergo an investigation that will determine what type of alcohol program that they would benefit from most.
This could vary from a 10-week program to a 15-week program. Once complete, the charges may be dropped by the court.
Drug Education/Community Service Programs
This program is applicable to defendants who have been charged with possession of drugs or drug-related crimes. As with any rehab program, there are conditions that may limit a person’s eligibility to this program such as having participated in the same program or a related program in the past. Investigations into the eligibility of an offender are similar to alcohol rehab programs.
Based on the investigation, the defendant may be recommended for a 15-week educational program or even a 15-week substance abuse treatment program. Once complete, the charges may be dropped by the court.
Who Pays for Court-Appointed Rehabilitation?
You should understand that the court is never required to pay for court-appointed rehabilitation, no matter the financial state of the defendant or their family. In fact, the defendant typically has to pay for their own rehabilitation treatment themselves.
With that being said, this gives the defendant the freedom to choose their own treatment center that lies within the court’s guidelines. This allows the offender to consider different aspects of the treatment center, including cost.
However, cost could vary depending on the treatments factors. Some facilities allow payments to take place on a longer basis so that the program is more affordable to the defendant.
Private drug programs typically range in cost from hundreds to thousands of dollars, but there are many free programs as well. Defendants may also want to check into their insurance coverage. Some benefit plans do cover some costs of rehabilitation.