NCJ Number
88857
Journal
California Western Law Review Volume: 18 Issue: 3 Dated: (1982) Pages: 393-409
Date Published
1982
Length
17 pages
Annotation
Having released a known alcoholic without providing him/her with a treatment program, parole authorities should be estopped from revoking parole where the alcoholic's subsequent parole violation stems from his/her alcoholism.
Abstract
The paroled alcoholic is often face with abstinence from drinking as a parole condition. Many jurisdictions have, with the support of some court decisions, placed the burden of complying with such a condition on the parolee. This policy, however, fails to appreciate the nature of alcoholism as a disease that overcomes the volition of the alcoholic unless appropriate treatment and supportive controls are provided. The alcoholic released on parole is in as much need of treatment as a parolee with a psychiatric disorder. While the criminal justice system need not cater to the whims and caprices of the alcoholic offender, it should take an active role in ensuring that all available means are used to enable the alcoholic to control his/her destructive habit and become a useful citizen. The 'Adams' and 'Telefarro' courts have upheld this view, since they recognize that once a parole board has decided to release a person with a drinking problem, it is unrealistic and unfair to expect him/her to abstain from alcohol consumption without treatment for alcoholism. A program of treatment suited to the needs of the individual should be a condition of release. In States lacking the necessary facilities, legislation should be enacted to establish such treatment facilities or to encourage the private development of these facilities. Sixty-eight footnotes are provided.