Dec. 7, 2019 – The threat of incarceration as an incentive for the addict to remain substance free is a nation-wide criminal justice practice that affects thousands of addicts and is endorsed by the National Association of Drug Court Professionals. But pending legislation in the Commonwealth would limit judges’ options as they respond to addicted offenders who violate their condition of release by testing positive for substances. If passed, judges would categorically be prohibited from incarcerating the addict and must instead order more treatment, even in cases in which incarceration might be therapeutically helpful. Drug testing would be limited to four times per month.
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