NCJ Number
35690
Date Published
1976
Length
134 pages
Annotation
TECHNICAL ANALYSIS OF SOME MAJOR LEGAL PROBLEMS RAISED BY QUESTIONS OF POSSIBLE INFRINGEMENT OF INDIVIDUAL RIGHTS IN ADMINISTERING DRUG ADDICT DIVERSION PROGRAMS CITING ANALOGOUS CASE LAW.
Abstract
THE ANALYSIS IS STRUCTURED AROUND LEGAL QESTIONS RAISED BY IMPLEMENTING DIFFERENT PHASES OF ADDICT-DIVERSION PROGRAMS INCLUDING ADDICT IDENTIFICATION, SELECTION AND ADMISSION, CLIENTS' RIGHT TO COUNSEL, ROLE OF PROSECUTORS AND COURTS, MAINTENANCE OF RECORDS, AND TERMINATION OF PARTICIPATION. AMONG ISSUES ADDRESSED ARE CLIENT CONSENT, ELIGIBILITY REQUIREMENTS AND EQUAL PROTECTION, SPEEDY TRIAL AND COUNSEL RIGHTS, PLEA BARGAINING, FEDERAL AND STATE TREATMENT STATUTES, AND GROUNDS AND PROCEDURES FOR TERMINATION. PREVIOUS JUDICIAL DECISIONS ON RELATED QUESTIONS ARE STUDIED TO PROVIDE GUIDELINES FOR DIVERSION PROGRAM PLANNERS AND ADMINISTRATORS. FOR THE LAYMAN'S GUIDE TO LEGAL ISSUES IN ADDICT DIVERSION, SEE NCJ-16462.