LEGAL ISSUES IN ADDICT DIVERSION - A LAYMAN'S GUIDE

• NCJ Number: 16462
• Author(s): H S PERLMAN
• Date Published: 1974
• Length: 60 pages
• Sponsoring Agency: American Bar Assoc.; Drug Abuse Council, Inc
• Sale Source: American Bar Assoc.
• Language: English
• Country: United States of America

Annotation

EXAMINES THE LEGAL IMPLICATIONS OF DRUG-ADDICT DIVERSION PROGRAMS.

Abstract

CONSIDERED AS AN INNOVATION IN CRIMINAL JUSTICE, ADDICT DIVERSION IS A MIXED MEDICAL-LEGAL SERVICE. FOLLOWING COMMENTS ON SOME GENERAL LEGAL CONSIDERATIONS, DRUG USE INTERVIEWS AND URANLYSIS ARE DISCUSSED AS LEGAL ISSUES IN ADDICT IDENTIFICATION. CONSIDERABLE ATTENTION IS GIVEN TO LEGAL ISSUES IN THE SELECTION AND ADMISSION OF PERSONS INTO DIVERSION PROGRAMS, COVERING SUCH TOPICS AS ELIGIBILITY REQUIREMENTS, DRUG TREATMENT AS A CONDITION FOR DIVERSION, THE RIGHT TO A SPEEDY TRIAL AND COUNSEL, AND WAIVER OF OTHER RIGHTS. THE DOCUMENT THEN FOCUSES ON THE LEGAL ISSUES IN ADMINISTRATION OF DIVERSION PROGRAMS. THIS SECTION DISCUSSES THE ROLE OF THE PROSECUTOR AND COURT IN DIVERSION, THE RIGHT TO TREATMENT, CONFIDENTIAL PRIVILEGE OF COMMUNICATION BETWEEN COUNSELLOR AND PARTICIPANT, CONFIDENTIALITY AND EXPUNGEMENT OF RECORDS, AND LIABILITY OF STAFF FOR NEGLECT OR MISCONDUCT. THE DOCUMENT CONCLUDES WITH AN EXAMINATION OF THE LEGAL ISSUES IN TERMINATING PARTICIPANTS IN DIVERSION PROGRAMS, FOCUSING ON LEGALLY PERMISSIBLE GROUNDS, PROCEDURES, AND SUCCESSFUL AND UNSUCCESSFUL TERMINATIONS. (SNI ABSTRACT)