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).
- Drug Treatment Records
- Due Process
Participation in drug court implicates due process liberty interest and at termination and ultimate sentencing defendant has right to be heard.
The conduct upon which a violation may be based must have occurred within the probationary period.
Defendant waived pre drug court incarceration credit to enter drug court program.
Defendant may waive right to credit time as part of drug court agreement.
- Right to Diversion
Participation in drug court is discretionary and does not create a liberty interest; denial of entry not due process or equal protection violation.
Because defendant voluntarily entered program, not entitled to pre-sentence credit for time spent in inpatient program.
Court did not have jurisdiction to increase suspended sentence, despite defendant’s agreement in order to enter drug court.
- Use Restrictions
Alcohol use restrictions and mandatory testing ordered as part of supervised release should be based upon need.
- First Amendment
A state supported non-coercive, non-rewarding faith based program violates the Establishment Clause of the First Amendment because an alternative was not available.