RIGHTS OF PRISONERS TO MEDICAL CARE AND THE IMPLICATIONS FOR DRUG-DEPENDENT PRISONERS AND PRETRIAL DETAINEES

• NCJ Number: 31001
• Journal: University of Chicago Law Review Volume: 42 Issue: 4 Dated: (SUMMER 1975) Pages: 705-732
• Author(s): SLUTSKY
• Date Published: 1975
• Length: 28 pages
• Corporate Author: University of Chicago
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYZED IS WHETHER A DRUG-DEPENDENT PRISONER OR PRETRIAL DETAINEE CAN DEMAND EITHER SHORT-TERM METHADONE DETOXIFICATION OR METHADONE MAINTENANCE UNDER THE COMMON LAW, STATE OR FEDERAL STATUTES, OR THE CONSTITUTION.

Abstract

THIS COMMENT FIRST EXAMINES THE VARIOUS NON-CONSTITUTIONAL RIGHTS TO MEDICAL CARE, BOTH IN GENERAL AND IN THEIR APPLICATION TO DRUG-DEPENDENT PRISONERS. THE CONSTITUTIONAL RIGHT TO MEDICAL CARE IS THEN EXAMINED AND THE TWO STANDARDS USED BY THE FEDERAL COURTS TO DEFINE THIS RIGHT - ONE RESTRICTIVE AND ONE MORE PROTECTIVE OF PRISONER'S RIGHTS - ARE EXPLAINED. THE RESTRICTIVE MAJORITY STANDARD OF MEDICAL CARE INVOLVES THE JUDICIAL INTERPRETATION THAT A PRISONER IS ENTITLED TO 'SOME' (ALTHOUGH NOT NECESSARILY THE BEST) CARE, AND NEGLIGENT CARE IS NOT ACTIONABLE. UNDER THE MINORITY STANDARD, THE PRISONER HAS 'REASONABLE' MEDICAL CARE. IT IS THEN SUGGESTED THAT NARCOTICS ADDICTION IS A DISEASE REQUIRING MEDICAL TREATMENT AND THAT SHORT-TERM METHADONE DETOXIFICATION IS THE GENERALLY ACCEPTED MEDICAL 'CURE.' FINALLY, THE COMMENT APPLIES THE TWO CONSTITUTIONAL STANDARDS TO THE DISEASE OF ADDICTION IN ORDER TO DETERMINE IF, UNDER EITHER CLASSIFICATION, THE DRUGDEPENDENT PRISONER OR PRETRIAL DETAINEE IS ENTITLED TO SHORT-TERM METHADONE DETOXIFICATION OR TO LONG-TERM METHADONE MAINTENANCE. THE AUTHOR CONCLUDES THAT IF SHORT TERM METHADONE DETOXIFICATION IS THE PROPER MEDICAL 'CURE' FOR PHYSIOLOGICAL DRUG DEPENDENCY, IT IS DIFFICULT TO JUSTIFY WITHHOLDING IT FROM A PRISONER WHOSE DRUG DEPENDENCY IS TO BE ELIMINATED. ON THE OTHER HAND, BECAUSE THERE IS NO CONSTITUTIONAL RIGHT TO SOCIAL REHABILITATION FOR PRISONERS AND BECAUSE THE USE OF METHADONE FOR LONG-TERM MAINTENANCE HAS NOT YET GAINED GENERAL MEDICAL ACCEPTANCE, ONLY PRETRIAL DETAINEES WHO ARE ALREADY PARTICIPATING IN REGULATED MAINTENANCE PROGRAMS WHEN INCARCERATED WOULD HAVE ANY LIKELIHOOD OF SUCCESS IN DEMANDING LONG-TERM METHADONE MAINTENANCE WHILE IN JAIL. (AUTHOR ABSTRACT MODIFIED)