Most insurance plans will cover either all or a portion of the treatment.
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SUD treatment executive, national news contributor & keynote speaker.
Navigation:
- Overview
- Can I Go to Rehab Instead of Going to Jail?
- What Happens in Court-Ordered Rehab?
- What Are the Eligibility Requirements for Court-Ordered Rehab?
- Is Court-Ordered Rehab the Same for Everyone?
- How Long Does Court-Ordered Rehab Last?
- What Happens If Defendants Fail to Comply?
- Paying for Court-Ordered Drug and Alcohol Rehab
- Find a Court-Ordered Rehab Center Near Your Location
Overview
Alcohol and drug addiction can take people to undignified and often dangerous places. This includes increasing their risk of serious legal jeopardy, whether it’s because of a DUI, overdose incident, assault, theft, or any other substance use-related infraction.
Luckily, however, more and more jurisdictions are offering options that allow you or your loved one to opt for treatment over incarceration. This route of accountability is meant to give eligible offenders the opportunity to simultaneously serve their sentence and get the help they need for substance use disorder in the hopes of avoiding any further legal issues.
Can I Go to Rehab Instead of Going to Jail?
Court-ordered drug rehab may be imposed alongside or in lieu of jail time for certain offenses. It may not always replace jail time, but it can be integrated into the entirety of the sentence to abbreviate incarceration. During court-ordered drug rehab, defendants serve their time under the supervision and conditions of the court, and are expected to comply with conditions set forth and signed off on by the presiding judge.
Very often, substance use-related cases are allocated for special courts called drug courts that focus specifically on these types of offenses.
What Happens in Court-Ordered Rehab?
You or your loved one will need to complete court-ordered rehab as a condition of your release from jail. This includes ensuring compliance with the facility’s guidelines and the terms set forth by the judge at the time of sentencing. The case manager, legal advocate, or court liaison at your facility will guide you through the process, ensure compliance, and assist you in completing all necessary paperwork and attending all required hearings. Whether you attend inpatient or outpatient treatment will depend on a variety of factors, including the scope and severity of your crime, your substance use history, and others.
What Are the Eligibility Requirements for Court-Ordered Rehab?
Each person’s case will be different, and sentencing to court-ordered drug rehab will be imposed at the judge’s discretion; however, some of the most common candidates for court-ordered rehab include:
- Non-violent drug offenders
- First-time offenders
- Offenders with no charges pending in other jurisdictions
- Defendants who do not have behavioral health challenges that can’t be addressed in rehab
- Those at high risk of a repeated offense
Offenders who commit sexual assault, domestic violence or drug trafficking offenses are not eligible for court-ordered rehab, nor are those who are in relationships with other program participants. All patients must meet the specific criteria for their respective program, which will vary between facilities. Court-ordered rehab can be used to treat any substance use issue and has been demonstrably effective in helping people find their way to long-term recovery.
Is Court-Ordered Rehab the Same for Everyone?
No, in fact, there are many different types of court-ordered rehab that are designed distinctly for specific types of offenders, including but not limited to:
- Juvenile offenders who are at risk for developing long-term SUD
- Defendants convicted of driving under the influence (DUI) and driving while intoxicated (DWI)
- Families on public assistance where parental substance use disorder is present
- Individuals with unique mental health challenges, such as co-occurring disorders (also known as dual-diagnosis
- Veterans who are battling substance use disorder and serving sentences for non-violent criminal offenses
- Native American communities that observe tribal law within their reservations
Each of these court models has different criteria and thresholds for eligibility, but they generally favor non-violent, first-time offenders whom the judge genuinely believes can benefit from treatment as part of their sentencing.
How Long Does Court-Ordered Rehab Last?
Again, this depends on the type of rehab being ordered and the level of care defendants may need.
The duration of court-ordered rehab will be dictated by the treatment model:
- For patients who need a more in-depth level of care, or who have relapsed after outpatient treatment, inpatient or residential rehab may be ordered, which lasts an average of 28-30 days.
- For first-time offenders and those to whom the judge may afford special dispensation due to their family situation, outpatient treatment may be ordered, which typically lasts an average of 4-6 weeks, with daily treatment sessions generally ranging from six to eight hours per day.
- Partial hospitalization may be ordered, which is often of a similar length and treatment intervals to outpatient care.
Patients will be expected to comply with the conditions of their court-ordered rehab throughout the process, which includes providing the court with documentation of successful participation and completion of their program.
What Happens If Defendants Fail to Comply?
In the event of non-compliance, defendants are generally required to appear before the judge for sentencing re-evaluation. At that point, the judge may decide to give them another chance and reestablish the court-ordered treatment, or sentence them to incarceration in accordance with the guidelines of their offense and conviction.
It’s essential to understand that sentencing re-evaluation doesn’t allow defendants to retry their case or alter any plea agreement they have made, as this was already determined during the actual court proceedings. It does, however, help to have an attorney present during all court proceedings so defendants can ensure fair treatment and effectively convey the nuances of the circumstances of their offense. The judge may take these circumstances into account and decide to reinstitute court-ordered rehab.
Paying for Court-Ordered Drug and Alcohol Rehab
Like any fine or expense related to a criminal conviction, it will generally be the defendant’s responsibility to pay for their treatment upon receiving a court-ordered sentence to a rehabilitation program. There may, however, be certain income thresholds and limitations that judges consider in the dispensation of their sentencing.
Most rehab programs that work with drug courts accept private insurance, Medicare, Medicaid, and other payment options to make care more accessible and affordable. If you or your loved one has been sentenced to court-ordered rehab, the admissions personnel at the facility you’re considering can provide a full explanation and breakdown of the insurance they provide, what your plan covers, and what you can expect to pay out of pocket. In many cases, insurance will cover all, if not most, of your program.
Find a Court-Ordered Rehab Center Near Your Location
If you’ve been ordered by a judge to attend rehab but must find a facility on your own, use our directory. Court-ordered drug rehabs are tailored for clients referred from the court/judicial system. Court-ordered addiction treatment is a much better rehabilitation alternative to jail or prison. Take advantage of this opportunity and get the help you need now!
