Court-ordered rehab is something that can be ordered for a defendant instead of jail time, meaning that the person goes in for treatment instead of spending time in jail.
With addiction numbers increasing every year, countless courtrooms are full of drug or petty-crime charges. A study found that approximately 65% of inmates have an active substance use disorder. Another 20% were under the influence of drugs or alcohol at the time of their arrest.
Many of those offenders need treatment over jail time. If a judge believes and a strong case is made that treatment will ultimately benefit the individual more than jail would, the person can be sent to rehab instead of jail.
Avenues Recovery explains all the ins and outs of court-ordered rehab, including how it works, what happens if an individual leaves treatment early, and the effectiveness of court-ordered treatment in long-term recovery success.
How to Get Rehab Instead of Jail Time?
Rehabilitation isn’t the route for everyone, and often people are fearful of going to treatment. A verdict of court-mandated rehab means that the defendant meets the requirements necessary for drug treatment after a minor crime. So what exactly are the criteria that would enable someone to get rehab instead of jail time?
- Addiction to a substance or drug at the time of the crime.
- The defendant committed the crime as a direct or indirect result of alcohol or drug dependency.
- Defendant wants to get help or would benefit more from treatment than jail time in the long-term.
- The defendant has not committed a violent crime or any previous violent crimes.
While these are just some of the factors considered when determining eligibility, each courtroom and judge will result in a different outcome. If the defendant presents a strong argument, a judge might just agree.
How to Get a Court Order for an Addict
If a loved one has a substance abuse disorder and you are concerned that it is a threat to their health and that of those around them, you may be able to arrange to get a court order for them to attend a rehab center. This depends on the state that the individual resides in, as not all states support involuntary drug rehabilitation. Florida is one example where such legislation exists; it is called the Marchman Act.
What Is the Marchman Act?
The Marchman Act is a Florida law that lets family or professionals ask the court to order treatment for someone with a serious substance abuse problem.
How to Marchman Act Someone
To Marchman Act someone, the family member or professional can file a petition in court and request a screening investigation.
A screening investigation consists of addiction specialists and police officers who evaluate to see if the individual qualifies for a court-ordered rehab program. The Marchman Act in Florida requirements include evidence that the individual cannot control their substance abuse and poses a safety threat to himself or to others because of his addiction. If all the criteria are met, they can issue a court-order where the judge will have the final verdict as to whether the individual is eligible for court-ordered drug treatment.
The Purpose of Court-Ordered Drug Treatment
Statistics seem to show that jail time is largely ineffective in curbing substance abuse when ordered for drug or alcohol-related crime. As stated by the National Council on Alcoholism and Drug Dependence (NCADD), an astounding 95% of inmates will consume alcohol or substances after their release. Approximately 60% to 80% of inmates that are released will go on to commit a drug-related crime.
When ordered into rehab by the court, treatment becomes mandatory. Often, crimes are committed because the person is under the influence of a drug, and that behavior could be curbed through treatment.
How Long Is Court-Ordered Drug Rehab?
Court -ordered drug rehabilitation is not usually longer than 60 days, but this varies for each individual, depending on their circumstances and the state in which they live. However, an individual can always choose to extend their rehabilitation treatment or opt for “aftercare” plans to improve chances for maintaining sobriety.
Who Pays for Court-Ordered Drug Rehab?
If someone receives a court order for rehab, they will have to pay for the treatment themselves, or whatever isn’t covered by insurance. However, drug abuse itself costs a lot. It can cost friends, family members, and entire lives. Substance abuse places a significant financial burden on both the addict and your average taxpayer. So although rehab costs are steep, it is cheaper than an addiction in the long run.
As mentioned, many treatment centers will take patient insurance such as Medicare and Medicaid to cover the costs of rehabilitation services. The cost of treatment can vary anywhere from $5,000 to $30,000 and will differ depending on the type and length of treatment chosen. You can use our insurance checker to verify if your insurance will cover rehab at Avenues Recovery.
If a halfway house or sober living facility is suggested after treatment, patients have to pay the cost of rent and other housing bills. Again, many treatment centers accept insurance, and they will often work with you so you can get the treatment you need for a price you can afford.
What Happens if You Leave Court-Ordered Rehab?
If you do not complete treatment, or violate court-ordered rehab in any way, you may receive consequences from the court. Below are various factors that will contribute to the severity of the penalty:
- The individual’s past criminal history
- The amount of time the individual spent in treatment
- The individual's behavior during treatment
- The specific type of violation
Going to treatment instead of jail is for the defendant’s benefit, so it is worthwhile for people who enter rehab to make every effort to be successful.
Effectiveness of Court-Ordered Treatment
People often query the effectiveness of involuntary drug rehabilitation, and there is some conflicting evidence on the matter:
- A study conducted by the NIDA in 2005 portrayed that court-ordered rehab has the same success rate as voluntary rehab. The outcome of this study showed that although the group of men who completed court-ordered drug treatment showed lower motivation initially, 5 years later they reported the same rates of abstinence, employment, and quality of life.
- Another study completed in 2010 discovered that in the case of community-based outpatient treatment, court-ordered offenders were over ten times more likely to complete treatment compared to those who entered treatment voluntarily.
- More recently, in 2015 a study observed slightly different results. Both positive and negative impacts of compulsory inpatient treatment on criminal recidivism and drug use were revealed, suggesting that there isn’t enough evidence to prove the effectiveness of court-ordered treatment.
Despite the lack of certainty caused by these conflicting studies, it still stands that court-ordered rehab provides individuals with a safe and structured environment that they would not necessarily have in a prison. Legally-mandated rehab is an opportunity for individuals to gain skills in recovery that jail does not offer. For an individual who is about to end up behind bars, a verdict of court-ordered rehab is a big win.
What Happens When You Sign for Court-Mandated Rehab
When you agree to enter court-ordered rehab, you will have to sign court documents that state you will enter and complete the rehabilitation program determined by the court. You will commit to not using any substances for the duration of your treatment and will submit to drug testing periodically to prove your compliance with the order. Some court mandated substance abuse programs may have a community-service component to be completed along with the treatment.
How to Approach Court-Ordered Rehab
If you or your attorney requested rehabilitation time in lieu of incarceration, make sure you are aware of what this entails. Treatment will not be like jail, but you will have to work on your addiction and actively participate in your own growth to recovery. Doctors and staff will know if you are serious about and committed to getting help.
When court-ordered rehabilitation is instructed, what’s the next stage?
1. Find a Treatment Center
Start your search on the internet by looking for rehabilitation facilities or treatment centers in your area, or in the country. Be sure to check with the courts first to make sure you are allowed to leave the state before deciding on and choosing a treatment center.
You will also want to check with your insurance company to see what they will cover for treatment. Insurance companies are becoming much more up-to-date with helping pay for rehabilitation, so depending on your coverage and healthcare provider, it’s likely that insurance would cover most of the treatment expenses.
2. Complete Detox
Each program and patient will have diverse detoxification programs. Depending on the number of substances used and substance type, medical detox might be necessary to ensure your safety and well-being as the drugs or alcohol vacate your system. With any drug detox treatment, there will be numerous experienced professionals around you who will help you through your withdrawal symptoms.
Detox is one of the main reasons why many addicts are fearful of treatment, but with medical support and guidance, detox can become an eye-opening experience.
3. Engage in the Program
Based on the individual situation, court-ordered rehab may require you to participate in one of these:
- residential treatment program
- Outpatient drug program
- intensive outpatient program
- partial hospitalization program
One of the worst things you can do to yourself is sabotage the rehabilitation process by refusing to participate and engage. This is your chance to make a new life for yourself, to find a new start. Don’t waste it. Involve yourself in one-on-one therapy or group therapy, and learn from the other patients. You may find that many of their stories are similar to your own and you can find friendship and support among the other patients.
4. Fulfill the Court-Ordered Rehab Period
The best thing you can do is to complete the rehab mandated by the court. If you leave early or decide not to participate, it could have serious negative implications in your court case. You will most likely be reprimanded and sentenced to serve the jail time you were originally intended to serve.
Choose Rehab Over Jail
Although one can face many fears in recovery, court-ordered drug treatment is a positive way to help one get their life back on track for the better.
Going to rehabilitation is not meant to be a jail sentence in itself. Rehab can offer you so much more than what you already have, and it can guide you to being a better and healthier person, with a better quality of life and chance for a future. Rehab will provide you with coping techniques, support, and even new opportunities that wouldn’t have existed previously.
Court-Ordered Rehab at Avenues Recovery
If you or a loved one are going to be attending court-ordered rehab or would like to gather more information, reach out to Avenues Recovery today. We offer a variety of top-tier treatment programs and resources to help you leave the life of drug and alcohol addiction. Our highly professional team will support and encourage you on every step of your journey. Start walking the path to a successful recovery today!