Can the Court Require Rehab for a Drug Crime?
In Oklahoma, rehab has become a common part of a criminal sentence for a drug-related crime. Courts often specifically require people to complete a drug and alcohol assessment, called an ADSAC assessment, and then complete a state-licensed rehab program. Further, rehab is frequently part of first-time offender diversion programs such as conditional discharge.
Those convicted of driving under the influence of drugs or alcohol usually receive sentences that include completion of an Alcohol and Drug Substance Abuse Course (ADSAC), which includes some type of treatment program depending on the ADSAC assessment’s findings. The ADSAC program helps people whose driver’s licenses were revoked for driving under the influence of drugs or alcohol get their licenses reinstated.
During the assessment, you will be asked a series of questions about your drug and alcohol use and your background in a professional setting. The assessor will issue a written statement about findings of the assessment. The statement will make recommendations of agencies or organizations that you can use to complete the remainder of requirements for license reinstatement. These organizations may include treatment programs or rehab.
The court can require rehab for crimes besides DUI. Conditional discharge can be used instead of a criminal sentence for first time drug crime offenders. If you are found guilty of possession of a controlled dangerous substance and it is your first drug-related offense, you may be eligible for conditional discharge under 63 § O.S. 2-410. The statute permits a court to avoid entering a judgment of guilty for the crime, defer any further sentencing, and with the person’s consent place him or her on probation. Terms of the probation may include “cooperat[ing] in a treatment and rehabilitation program of a state-supported or state-approved facility”. 63 § O.S. 2-410. If you obey all terms of the probation, your criminal proceeding will be dismissed without any record of a conviction.
Oklahoma’s recent move to classify drug possession as a misdemeanor, rather than a felony, promotes use of rehab programs in lieu of jail. Some worry that the “lighter touch” will increase the number of repeat offenders. Jail time often forces people to seek treatment through the prison system. Fewer felony convictions greatly decrease the number of people in jail or prison, saving an enormous amount of money for the state. Private, state-recognized treatment programs are a cheaper option. For people accused of drug crimes, however, rehab is a chance to keep criminal charges off their record and receive often-needed treatment.
To learn more about legal representation in criminal cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.