If bail condition is to refrain from alcohol or drugs, supervision may include drug or alcohol testing.
- Use Restrictions
Where the mental illness of the person interferes with his/her insight and ability to recognize that they in fact have an illness, inquiry should be made into whether the person has the capacity to give informed consent to a proposed treatment.
- Use Restrictions
The findings of a trial court finds that drug testing and treatment are only required when there is an individualized determination that an arrestee will use drugs while released pending trial will more likely than not be found reasonable.
Fifth Amendment is not applicable to probation revocation proceedings.
The court may impose discretionary conditions of probation. The only limit on these conditions is that they serve “the ends of justice and be in the best interest of the both the public and the defendant.” Any terms must be doable for a person in probationer’s circumstances.
- Burden of Proof
- Standard of Proof
In a criminal proceeding the prosecution bears the burden of proof on the issue of the defendant's competency to stand trial, once the issue has been raised by the parties or by the judge on his own initiative.
- Due Process
A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution, absent evidence and findings that he was somehow responsible for the failure or that alternative forms of punishment were inadequate to meet the State's interest in punishment and deterrence.
- Constitutional Issues
Miranda rights are not applicable to probation revocation proceedings.
- Occasion to Undertake Inquiry
The Supreme Judicial Court ruled that whenever the evidence before the Court is sufficient to raise a substantial question of possible doubt of the defendant's competence, there is a need for further inquiry to determine fitness to proceed.
Drug addiction without an underlying mental illness does not qualify as a mental disease or defect which would support a finding of a lack of criminal responsibility.