When an individual is serving a probation sentence, many restrictions are set in place. While many probation guidelines are clearly stated in sentencing, some probationers wonder what will happen in the event of relapse. The prospect of rehab may feel like a violation of certain terms, but many are surprised to find that rehabilitation is encouraged in probation if a relapse occurs. In addition to proving your commitment to change, willingness to visit rehab can aid in changes necessary to stay on the right track in sobriety.
Substance Abuse And Crime
Substance abuse is highly recognized by the justice system. With the growing opiate epidemic in the United States, we are seeing a higher concentration of drug related crime. It is reported that over 80 percent of inmates have abused substances in the past. Over 50 percent are clinically addicted to drugs or alcohol while incarcerated, and nearly 60 percent tested positive at the time of arrest. Many violations involve trafficking, manufacturing, money (to obtain substances), or impairment. This contributes to the terms set in place by the legal system for probationers.
Common Terms Of Probation
When a crime is committed, probation may be ruled after, or in lieu of incarceration. When someone is placed on probation, certain restrictions are in place for a set period of time. This time is monitored by an officer, who is in charge of overseeing the probationer’s progress. Regular drug screenings are common in most probation situations. Violation of these terms are grounds for revoked probation, continuation of suspended sentencing, and fines. To uphold a probationary sentence, probationers may be required to maintain:
- Overall good behavior
- Restitution payments
- Avoidance of certain people/places
- Community service
- A job
- Possible part-time jail nights/weekends
- Drug/alcohol counseling, group therapy, or rehabilitation
- Interlock ignition device (breathalyzer) for multiple DUI convictions
- Domestic violence prevention classes
- Remain in the country, state, county, or home
Sometimes, rehab is part of probationary sentencing. If substance abuse played a part in the crime committed, it is customary for a judge to rule that the defendant seek treatment in a rehab facility. Follow-up with therapy, physicians, and regular testing may also be ruled as a stipulation for probation. This increases the chance of compliance with probation terms, and a clean slate upon release.
Relapse During Probation
Sobriety is a term for probation in almost every case. Many people fear the legal repercussions that relapse entails. If relapse occurs, it is important to speak with your probation officer immediately. In addition to monitoring the terms of probation, POs are especially invested in your success. You will receive guidance for necessary filing, as well as resources for seeking treatment. Rehabilitation is imperative to prevent recurrence and could potentially impact the court’s decisions moving forward.
What To Expect
When relapse occurs during probation, a judge may order entrance into a rehab facility before determining the next step in sentencing. While planning for rehab, it’s important to continue to adhere to the rules of the initial probation sentence. During your stay, you will need to continue checking in with your probation officer to discuss treatment progress, behavior, and additional plans. A sober living home is also an option following treatment, and may be recommended by the court or PO in the event of repeat relapse. A sober living home helps those in recovery by providing:
- A relaxing environment, dedicated to your recovery – a “home away from home”
- Resources and support from staff
- Monitoring, screening, and structure
- Affordable living
- Support with transportation, events, and scheduling
- A small community of people experiencing similar situations
A judge may recommend a sober living home if he or she feels that the terms of probation will be upheld following rehab. If you believe that this environment would be beneficial to you, it would not hurt to suggest this to your probation officer. You may have to pay for rehab yourself however, this would be an additional commitment to recovery and aid in lasting sobriety.
Rehab Is Beneficial
Probation guidelines are often very stringent and are developed to prevent recurrence of the crimes committed. Some probationers find difficulty adhering to the terms and find themselves worried about the outcome of a relapse. In the event that rehab is necessary during probation, it’s important to remain honest about the substances used. Rehabilitation is designed to help during the withdrawal period and aid in recovery. While it’s not ideal to break the terms of probation with relapse, it does happen, and it can be resolved.
We Can Help
Rehab during probation can be beneficial and necessary in many cases. If you have questions regarding rehab and probation, the caring staff at DrugRehab.org is here to help. We can connect you with resources, and answer any questions you have about relapse prevention. Contact us today.