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Choosing between jail or treatment: When do court-ordered rehabs become a good measurement for offenders?

by Opinion • March 27, 2019

By Jefferey Buckley

When a person with a drug addiction problem is arrested for a drug- or alcohol-related offense, they may have access to a rehabilitation program as an alternative to jail time. Examples of such crimes include drunk driving and drug possession. After evaluating the case, the judge can suggest treatment for the offender instead of sending them to jail.

However, not every offender qualifies for this sentencing. In most cases, the court considers first-time offenders. That’s because these are less likely to be involved in other crimes in the future. Additionally, the court sees alcoholism and drug addiction as a disease for which the offender doesn’t have control.

Why drug criminals are mandated to undergo rehabilitation

Offenders with good standing in their communities may qualify for particular rehab instead of jail. Basically, the court hopes that when the offender undergoes treatment, they will sober up. These measurements will reduce the possibility of committing the same crime.

Ideally, the involved jury believes that it’s better to have such offenders out of jail or prison. Therefore, the judge sentences them to undergo long-term rehabilitation. Most non-violent and peaceful convicts and individuals with minor convictions are eligible for this sentence.

Benefits of Court Ordered Treatment
  • This sentencing is beneficial in the following ways:
  • Treatment can cost less than imprisonment.
  • Treatment for alcoholism or drug addiction can be more cost-effective than incarceration.
  • Treatment can minimize substance abuse as well as recidivism and build communities.
  • Mandatory treatment can be effective than cycling offenders in and out of jail.

The Justice Research and Statistics Association reports the following positive results for drug rehab versus jail time:

  • Re-arrest of 57% of individuals undergoing rehabilitation within 12 months.
  • Conviction of 42% of individuals undergoing drug rehab in comparison to 65% of those without rehabilitation.
  • New jail sentences for 30% of individuals that had undergone drug rehab within 12 months compared to 51% of those who skipped drug rehabilitation.

Court ordered drug treatment becomes a good measurement for offenders when the involved individual is committed to getting sober and clean. Such a person is ready to undergo rehabilitation and have a conviction in their record. The crime can be removed from the record of the offender after completing the mandated rehab successfully. However, research shows that it might be ineffective and in violation of human rights.

About the author: Jefferey Buckley is a blogger who investigates human health issues and behaviorist anthropology. He researches substance abuse problems and the ways to overcome addictions. He currently works as a writer on Addiction Recourse. 

Filed Under: Opinion

1 comment for "Choosing between jail or treatment: When do court-ordered rehabs become a good measurement for offenders?"

  1. grateful to be free says

    May 12, 2019 at 2:33 pm

    I would have to agree with most of your opinion. However I will say that this little part of your sentence….

    “for offenders when the involved individual is committed to getting sober and clean.” ……

    is what the success really revolves around.

    I was sentenced to mandatory rehab 3 separate times and I will say in hindsight that it did have an accumulative effect over time, but it wasn’t until I was sentenced and PERSONALLY COMMITTED TO STAYING CLEAN – that it actually worked for me. I now have 16 years clean and sober and have completely changed my life around.

    Still Rehabilitation it is better than offering nothing at all. All people learn in jail is how to be a better criminal.

    I worked as a substance abuse counselor for 5 years and the success of any program is the commitment level of the individual and not just compliance with the law and treatment protocols….they also have to really want to discover, recover and break free from the whole relapse cycle – that takes (inner work) – not just laws.

    Thank you for your well written opinion – more people need to be aware that the LA County System now offers treatment to any individual – not just people who break the laws.

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