NCJ Number
54349
Date Published
1978
Length
4 pages
Annotation
PROGRAMMATIC AND LEGAL ISSUES OF PRETRIAL DIVERSION PROGRAMS FOR DRUG ABUSERS ARE SUMMARIZED AS DISCUSSED BY PANELISTS WITH EXPERIENCE IN THIS AREA.
Abstract
THE PANELISTS WHOSE DISCUSSIONS ARE SUMMARIZED REPRESENT THREE DIVERSION PROGRAMS FOR DRUG ABUSERS--THE NEW YORK CITY PROGRAM, THE MARIN COUNTY (CALIF.) 'TREATMENT ALTERNATIVES TO STREET CRIME' PROGRAM, AND THE WASHINGTON, D.C. PROGRAM. EACH OF THESE PROGRAMS IS BRIEFLY DESCRIBED. THE PANELISTS AGREED THAT IT IS DESIRABLE, IN VIEW OF AN INCREASING NUMBER OF LEGAL CHALLENGES TO PRETRIAL DIVERSION PROGRAMS FOR ADDICTS, TO MAXIMIZE DEFENSE ATTORNEY INVOLVEMENT. THE PUTTING INTO WRITING OF WAIVERS, ELIGIBILITY CRITERIA, AND MUTUAL RIGHTS AND OBLIGATIONS WAS CONSIDERED IMPORTANT BY THE PANELISTS IN ORDER TO DEAL WITH FREQUENT CHARGES OF COERCION. EXTENDED DISCUSSION CENTERED ON THE APPARENT COLLISION BETWEEN NEW FEDERAL DRUG ABUSE PATIENT CONFIDENTIALITY REGULATIONS AND THE REQUIREMENT THAT DIVERSION PROGRAMS MONITOR AND FORWARD CLIENT PERFORMANCE DATA TO THE CRIMINAL JUSTICE SYSTEM. IT WAS POINTED OUT THAT THOSE REGULATIONS, IN THEIR REVISED FORM, ALLOW FOR WRITTEN BLANKET RELEASES TO BE SIGNED BY DIVERSION PROGRAM PARTICIPANTS AT ENTRY, AUTHORIZING THE RELEASE OF ANY AND ALL CLIENT PERFORMANCE DATA TO CRIMINAL JUSTICE PERSONNEL FOR THE DURATION OF PROGRAM INVOLVEMENT. ALL PANELISTS EXPRESSED UNEASE AT SUCH BROAD RELEASE AUTHORIZATION, AND IT WAS SUGGESTED THAT THIS IS A VITAL AREA FOR DEFENSE ATTORNEY CONSULTATION. IT WAS AGREED, HOWEVER, THAT DRUG ABUSE PROGRAMS, IN ORDER TO MAINTAIN THEIR CREDIBILITY WITH THE CRIMINAL JUSTICE SYSTEM, MUST BE WILLING TO REPORT POOR PERFORMANCE OF CLIENTS AS WELL AS SUCCESS IN TREATMENT. WHILE THE PANELISTS WERE GENERALLY ENTHUSIASTIC ABOUT DIVERSION PROGRAMS FOR DRUG USERS, ALL WERE CONCERNED ABOUT THE LACK OF EVALUATION AND ANALYSIS WHICH COULD MEASURE THE IMPACT OF SUCH PROGRAMS IN RELATION TO TRADITIONAL CRIMINAL JUSTICE PROCESSING OF SUCH OFFENDERS. (RCB)