A person’s sentence could include a condition that they attend rehab. A rehab program could be an inpatient program or an intensive outpatient program, or “IOP.”
A sentence could also involve having to go to drug or alcohol counseling or meetings of 12-step programs, such as AA or NA as a condition of probation. If the person was enrolled in Drug Court, then the Drug Court itself would require either an IOP or inpatient program at the beginning of the Drug Court sentence.
Rehab is not usually paid for by the State, although Drug Court is an exception to that general rule. However, when rehab is just a condition of probation, it isn’t paid for by the State, although there are programs that have State funding available for eligible patients.
If there is no State-funded program available, the person would have to pay for it out of pocket or through their health insurance.
Whatever the case is, rehab is always a condition of something, whether it be probation, parole, or Drug Court. There is no sentence of rehab.
Does This Mainly Apply To Crimes Involving Drugs?
Obviously, most people who are ordered to go to rehab have committed crimes involving drugs or alcohol.
Usually, these people have been convicted of a crime, like a possession of drugs or possession with intent to distribute. However, they might have committed a burglary in order to sell jewelry or something to a pawn shop, which they might be doing to support their drug addiction. In that type of case, they’re not stealing for the purpose of monetary gain, they’re doing it so that they can use the proceeds of the crime to support their addiction.
So it’s not just people convicted of drug crimes anymore who are ordered to attend rehab, it could be anyone who is convicted of a crime that has a problem with addiction.
Would This Include Violent Crimes, Like Spousal Abuse? Is Anger Management Recommended?
Anger management would certainly be a possibility as a condition for probation in a domestic violence, assault, terroristic threats or other case where the defendant exhibited some problem with controlling their anger.
Generally speaking, somebody who committed a violent crime would not be eligible for something like Drug Court. This is because the Drug Court doesn’t accept people who committed crimes of violence or crimes against the public interest.
Can A Judge Impose A Combination Of Sentences, Like Jail Time, A Rehab Program, And Some Fines?
Yes, absolutely. Of course, one of the most common sentences is incarceration. If a judge wants to impose a sentence that combines jail time and probation, he could impose a sentence of “probation 364”, meaning probation, conditioned upon the defendant serving 364 days in the county jail. With the probation end of the sentence, there could be other conditions attached, like rehab or anger management, counseling, fines, restitution, etc.
What Are Some Misconceptions About Rehab Programs And Jail Time?
For the most part, people say that jail is not as bad as they thought it would be. People are generally so afraid of it that it becomes like the monster sleeping under the bed. They are so terrified of it that they can’t look under the bed. When they do finally look, they realize that what’s there isn’t nearly as scary as what they had imagined.
Going to jail is probably not the equivalent of looking under the bed and finding nothing. However, just like anything else, people cope by taking things day by day. Some clients have said it was not that bad because they were assigned to work in the law library, or they were assigned to a work crew.
Rehab is different because the people attending have addictions. Many of them go through withdrawal when they first arrive.
However, most of them come out of it on the other side and say rehab was a really worthwhile experience.
Once they get through the first few days, most people seem to really be able to appreciate the reason they are there.
The big fear with rehab lies in not being able to drink, shoot heroin, snort coke, take pills, or continue their addiction. They fear stopping, or not being able to make it. Sometimes they don’t want to stop, or they are physically unable to imagine going a few hours or a few days without it.
Their big misconception is that rehab is awful and that they will never get better. But many people do get better and most people don’t report that rehab is nearly as terrible as they thought it would be.
For more information on Rehab Programs, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (609) 448-2700 today.