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PRE-TRIAL DIVERSION OF DRUG OFFENDERS - A STATUTORY APPROACH

NCJ Number
11208
Journal
Boston University Law Review Volume: 52 Issue: 2 Dated: (SPRING 1972) Pages: 335-371
Author(s)
Date Published
1972
Length
37 pages
Annotation

ADVANTAGES AND DISADVANTAGES OF OFFERING SELECTED ARRESTED DRUG OFFENDERS IN-PATIENT TREATMENT, FOCUSING ON ELIGIBILITY, ADMITTANCE, AND CONSEQUENCES OF DIVERSION.

Abstract

THE MASSACHUSETTS COMPREHENSIVE DRUG ABUSE AND REHABILITATION AND TREATMENT ACT, WHICH BECAME EFFECTIVE ON JANUARY 1, 1971, PROVIDES THE STATUTORY AUTHORIZATION FOR THE DIVERSION OF CERTAIN ARRESTED DRUG-RELATED OFFENDERS FROM THE CRIMINAL JUSTICE SYSTEM TO A TREATMENT FACILITY. THIS REPORT DISCUSSES THE ADVANTAGES AND DISADVANTAGES OF UTILIZING AUTHORIZATION TO DIVERT DRUG OFFENDERS AND UTILIZES THE MASSACHUSETTS EXPERIENCE TO IDENTIFY THE FACTORS IN THE STRUCTURE AND ADMINISTRATION OF DIVERSION PROGRAMS THAT ARE DETERMINATIVE OF THE PROGRAMS' IMPACT ON OFFENDERS AND THE CRIMINAL JUSTICE SYSTEM. SPECIFICALLY DISCUSSED ARE THE ELIGIBLE CLASS OF DRUG-RELATED OFFENDERS, THE PROCESSES OF SCREENING, EXAMINATION, COURT DECISION, COMMITMENT, AND THE CONSEQUENCES OF DIVERSION FOR THE DEFENDANT. THE PROBLEMS MASSACHUSETTS ENCOUNTERED ARE DISCUSSED AND GUIDELINES FOR FUTURE DIVERSIONARY PROGRAMS ARE PRESENTED. THE MASSACHUSETTS EXPERIENCE DEMONSTRATES THE NECESSITY FOR CENTRALIZED PLANNING AND COORDINATION OF DIVERSION PROGRAMS. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)

Date Published: January 1, 1972