The Drug Abuse Prevention, Treatment, and Rehabilitation Act (42 CFR § 290 dd) provides a statutory scheme to ensure confidentiality of patient records (commonly referred to as Part-2).
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The conduct upon which a violation may be based must have occurred within the probationary period.
Topics:
- Right to Diversion
Not entitled to hearing before rejection for drug court.
Drug Court
Topics:
- Due Process
A homeless person who failed to comply with his probation conditions regarding GPS monitoring because the shelter where he lived could not accommodate the GPS technology did so through no fault of his own and he could not be violated where there could be no finding of willful noncompliance.
Topics:
- Fourth Amendment
Requiring parents to undergo drug testing as part of daughter’s juvenile probation is a violation of the parent’s Fourth Amendment rights.
Topics:
- Due Process
The Court found that given the therapeutic component of problem-solving-court programs, each and every action taken in such a proceeding need not be a matter of record.
Drug Court, Juvenile Specialty Court
Probation Terms:
- Mandatory Testing
- Use Restrictions
Restrictions placed on the defendant’s driving privileges and the requirements that she install an ignition interlock device in her vehicle and submit to a Driving Under the Influence Court evaluation are not punishment.
Collateral Issues:
- Ineffective Assistance of Counsel
Not informing defendant of possible deportation consequences is a potential ineffective assistance of counsel issue under Strickland v. Washington.
The added condition of GPS monitoring over turned because it was not based upon a material change in circumstances and was so punitive to increase significantly the severity of the original probationary terms.