NCJ Number
138830
Journal
Milbank Quarterly Volume: 69 Issue: 4 Dated: (1991) Pages: 561-594
Date Published
1991
Length
34 pages
Annotation
A program for compulsory drug treatment is proposed, based on research findings indicating its effectiveness and the use of approaches that protect individual rights.
Abstract
Civil commitment laws were enacted in many States and upheld as constitutional whether or not the person had been charged with or convicted of a crime. However, the lack of adequate treatment facilities, the growing view that treatment was ineffective, the emergence of law enforcement and punishment as the main drug policies, and problems in the wording of the laws all contributed to the demise of civil commitment. Similarly, mandatory sentencing laws and prosecutors' turning against the rehabilitative ideal of diversion resulted in its demise. However, compulsory treatment now represents a more appropriate option than the extremes of criminal punishment or legalization. Compulsory treatment uses a public health approach to drug dependence and reflects recent research documenting the effectiveness of treatment, with the length of time in treatment the single greatest predictor of outcomes. The proposed program would be a comprehensive pretrial diversion program that would require client agreement, procedural due process, and the use of the least restrictive alternative. Compulsory treatment should not replace voluntary treatment; instead, it represents an opportunity to shift some of the resources within the criminal justice system. Footnotes and 81 references