Courts may require treatment as a pretrial release condition
Starting January 1, 2027, a court may make treatment through a designated program a condition of pretrial release if the program accepts the defendant.
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What it does
A court may make treatment through a designated program a condition of a defendant’s pretrial release. The program must accept the defendant first.
Argument forTreatment may help an accepted defendant address substance use while the case is pending, and a court may make it part of pretrial release.
Argument againstA defendant who does not follow the program’s requirements could face a pretrial release violation while waiting for trial.
More detail
A court may make specialized case management services a condition of pretrial release. This applies to defendants placed in treatment through a designated program as a condition of pretrial release. The designated program sets the eligibility rules for accepting a defendant. The program must accept the defendant before placing them in treatment. Failure to follow the program’s requirements may be treated as a violation of pretrial release. The law takes effect January 1, 2027.
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