If so, a judge can issue a court order for the person to be sent to detox and then be reevaluated for longer term treatment for their addiction. If the addict is ordered to enter treatment and either refuses or leaves treatment before completing the program, he or she can be jailed or sent back to treatment immediately.
Full Answer
What is a court order to enter treatment in Florida?
In Florida, when a person receives the court order from the judge to enter treatment this forces the individual, sometimes against their will, to enter into a treatment program. We will help you end the cycle of addiction that has taken a hold of you or another’s life.
Can a judge order drug or alcohol rehabilitation in Florida?
When faced with issues pertaining to drugs and addiction in Florida, the courtroom judge will often times have the option to order drug or alcohol rehabilitation in lieu of incarceration. This option has been available to judges across the country for over 20 years.
What happens when you get a court order for treatment?
If you’ve received a court order for treatment, you may receive a variety of services. You may go through a detox program where you will be given time to get through withdrawal symptoms. You’ll be under the care of a physician and addiction specialist to watch for dangerous symptoms.
How effective is court-ordered treatment?
Sometimes court-ordered treatment is effective, and sometimes it isn’t. Various factors play into this, such as how motivated the person is to recover. If the person truly does want to experience change, they are likely to do so.
Court-Ordered Alcohol and Drug Rehab Treatment Centers in Florida
Drug and alcohol addiction impacts every aspect of a user’s life, very often landing them in serious legal jeopardy for possession, distribution, or conduct committed while under the influence of or in direct pursuit of drugs or alcohol.
How Does Court-Ordered Drug and Alcohol Rehab Work?
Court-ordered rehab requirements and eligibility restrictions will vary to some degree according to county and municipality. The prosecutor will often make sentencing recommendations that allow defendants to avoid jail and opt for treatment.
Finding a Rehab Center That Works with Courts
Generally speaking, the local court system in which the infraction was committed works with local rehab facilities to make the transition to treatment easier. In some cases, however, offenders or their loved ones will find and subsidize their own treatment independently.
What is alternative to incarceration in Florida?
Alternative to Incarceration Programs in Florida. When a person enters a program for addiction that is court ordered in Florida, the individual will receive the best possible treatment to handle their own personal addictions and the pending court actions. With an individual treatment plan, the person’s likelihood of success will improve greatly.
How to contact a counselor for drug addiction?
For faster service, please call one of our counselors at 1-800-819-9973.
Why is the prison population so high in Florida?
There has been a significant rise in the prison population in the last 25 years and most of this is due to non-violent drug-related crimes in Florida. The court has the option of ordering people into treatment centers for addiction to drugs and alcohol as this can keep the prison population down and take the burden off of the state and put ...
How does Florida save money?
Florida saves money by offering treatment as a court order and some treatment options that are state funded. If you have an attorney representing you, be it court-appointed or private, they can ask the judge and see if there is a deferred prosecution program in Florida, that can be applied to your individual case.
Can a Florida judge order rehab?
When faced with issues pertaining to drugs and addiction in Florida, the courtroom judge will often times have the option to order drug or alcohol rehabilitation in lieu of incarceration. This option has been available to judges across the country for over 20 years. Judges like to see an individual take responsibility for their actions and find solutions on their own accord.
Court-Ordered Rehabilitation For Florida
Isn’t it hard to watch a friend or a relative who’s addicted to illegal substances harm themselves and hurt those who care about them?
Dealing with a family member suffering from addiction
Many people deal with the heartbreak of watching someone they love slowly lose their life to drug addiction. However, chances for addiction recovery is best when the addict himself or herself finally recognizes the severity of the problem and chooses to get help.
What is the Florida Marchman Act
Under this law, family and friends can legally compel their loved one to be evaluated as to whether intervention is needed. If so, a judge can issue a court order for the person to be sent to detox and then be reevaluated for longer term treatment for their addiction.
Why it's best to ask for a lawyer's assistance
When you invoke the Florida Marchman Act, the person you are trying to help will be assigned an attorney to argue against their being forced into treatment.
How to know when to invoke the Marchman Act
The spouse or blood relative of an addict can invoke the Marchman Act to force the person into rehab. Alternatively, any three people with direct knowledge of a person's addiction may together invoke the Act. In many cases, addicts with severe problems have no family.
How the hearing process for invoking the Marchman Act works
The petitioner submits a Petition for Involuntary Assessment and Stabilization and a hearing is scheduled. If the judge approves, the individual may be held up to five days to undergo stabilization and assessment, after which time the treating facility makes a court recommendation.
Court-ordered drug treatment
As a general rule, Americans have a live-and-let-live attitude toward most issues. But when something impacts their lives or the lives of their loved one, they have no compunction about speaking up.
What happens if you get a court order for treatment?
If you’ve received a court order for treatment, you may receive a variety of services. You may go through a detox program where you will be given time to get through withdrawal symptoms. You’ll be under the care of a physician and addiction specialist to watch for dangerous symptoms.
Why is court ordered rehab important?
This gives you an opportunity to receive treatment for the disease of addiction rather than just face the consequences for a crime and not receive any treatment.
How long does it take to recover from a drug addiction?
Be sure the treatment length of time is at least three months. Often, those in recovery need at least two to three months to get a solid foundation built in their recovery. This is especially true for those who may not believe they have an addiction before they enter rehab.
What happens if you don't want to change?
However, if they aren’t ready to accept that they have a problem, or simply don’t want to change, they’re not likely to experience it.
Can you be forced into treatment by a loved one?
If your loved one is older than 18, most states don’t allow an involuntary commitment. They simply can’t be forced into treatment by a loved one. However, most states do have the right to sentence someone to a treatment program if they have committed a crime and have a drug or alcohol addiction.
Do you have to go to rehab if you are on probation?
If it’s a court-ordered rehab, you may have to fulfill this as part of your probation or while you wait for your trial. Regardless, if it’s mandatory, you must go. The good news is that even if you don’t really want to go to rehab, but you have to because it’s court-ordered, you can still benefit from doing so.
Can you go to rehab with an emergency order?
You can also go the route of an emergency order from the courts for an involuntary rehab stay. Your loved one will need an assessment from a mental health professional and a police officer. Your loved one will have more priority if they are a danger to themselves and others due to their alcohol or drug addiction.
How many hours of counseling per week for rehab in Florida?
An eligible facility must: Screen participants for group interventions (i.e. provide gender-based or trauma-specific care) Deliver a minimum of 6 hours of group counseling per week during the initial treatment phase.
How long does inpatient drug treatment last?
While inpatient treatment, if offered, will only last 60 days, drug court involvement lasts at least 12 months, with continuous monitoring during that time. After inpatient substance abuse treatment, expect to be required to: Attend individual or group counseling sessions. Attend some type of sober fellowship meetings.
How many participants should be in a treatment group?
Ideally maintain no more than 12 participants in treatment groups. Perform Cognitive Behavioral Therapy (CBT) treatments (proven to be effective for SUD in the criminal justice system) Retain licenses and certifications necessary to deliver substance abuse treatment services.
What is the emergency order in the Marchman Act?
There is provision for involuntary treatment in the Marchman Act, which says you can have a judge order someone to attend rehab given very specific circumstances. This is known as an emergency order. During Marchman Act proceedings, you must prove that: The person has lost self-control.
How long does inpatient rehab last?
Others are surprised to learn that they will no longer enjoy some of the freedoms they took for granted before rehab. While inpatient treatment, if offered, will only last 60 days, drug court involvement lasts at least 12 months, with continuous monitoring during that time. After inpatient substance abuse treatment, expect to be required to: 1 Attend individual or group counseling sessions 2 Attend some type of sober fellowship meetings 3 Take frequent drug tests 4 Attend regular hearings at drug court 5 Complete other activities as directed by the judge
Is Florida drug court open?
Most Florida Drug Court programs are open only to first-time offenders, although this varies from program to program. For example, the Palm Beach Drug Court program lets patients with multiple prior convictions participate in proceedings.
Is everyone eligible for rehab in Florida?
Misconception #2 — Everyone is Eligible. Florida is very specific about who is and who is not eligible for rehab. In order to participate in a Florida Drug Court program, you must be charged with a nonviolent felony (typically associated with drug abuse) and be identified as someone who has Substance Use Disorder.
Background
The origin of mental health courts stemmed from situations similar to those preceding the development of drug courts – repeat offenders in need of treatment services. With community mental health resources dwindling, the courts were seeing more repeat offenders with untreated serious mental illness.
Current Status
As of February 2021, Florida has 33 mental health courts in operation.
Resources
Improving Responses to People with Mental Illnesses: The Essential Elements of a Mental Health Court