Is Rehab Instead of Jail for Probation Violation Possible?

Get Answers on Attending Rehab When Struggling on Probation

Can someone in New Mexico go to rehab instead of jail for probation violation? Someone’s struggle with substance abuse does not end based on a court order. Even those with the honest intention of stepping away from alcohol or drug-related offenses once and for all can make mistakes.

Court-ordered drug rehab followed by probation is undoubtedly a better option than serving jail time in almost every case. Although people with substance abuse issues may face severe consequences if they violate parole terms, NM laws treat minor probation violations with some leniency.

Icarus Behavioral Health New Mexico gladly works with the courts and those who must attend rehab to avoid harsh legal consequences. We’ve provided effective addiction treatment services to many who have substance abuse issues and for their drug treatment programs at the will of the court.

While many have started drug treatment programs at the behest of the criminal justice system, they left free of substance abuse issues, ready to complete the probation terms clean and sober.

We invite you to read and learn more about how various prison diversion programs in New Mexico help people get sober instead of jail time. You’ll also learn what happens in the event of a probation violation.

Can I Go to an Addiction Treatment Program for Probation Violations?

New Mexico residents who violate their probation terms might be eligible for alternatives to prison. One option is attending a rehab facility instead of jail.

The Land of Enchantment divides probation violations into technical and non-technical categories. According to the mandates set by the New Mexico State Legislature, the type of violation determines the amount of grace a judge may offer.

Technical Violations (Minor Infractions of Probation)

Technical violations are generally minor violations of the person’s terms. They include:

• Missing a meeting with a parole or probation officer
• Failed drug testing
• Not completing community service hours as assigned
• Violating a curfew
• Failing to maintain employment
• Not attending community support groups
• Traveling outside of approved areas without permission

While each of these technically violates probation, they do not harm others or involve committing additional crimes. If this person is a first-time offender or has a relatively short criminal history, the likelihood of a rehab program instead of a jail sentence increases.

Non-Technical Violations (More Serious Violations of Probation Conditions)

On the other hand. non-technical violations are more serious under probation department rules. Here are some examples:

• Committing an additional or felony probation violation
• Evading supervision by the probation or parole officer
• Fleeing the jurisdiction
• Possessing illegal drugs, especially manufacturing, distributing, or other drug offenses, during the probationary period
• Committing a violent criminal offense
• Violating a protective order or restraining order
• Threatening or harming another person

The re-offender will not likely gain another chance to attend a recovery program, even if they do want to overcome addiction. The courts reserve treatment options for those who appear more sincere and put in the effort to stay clean and sober.

What Happens After a Probation Officer Reports a Violation?

The decision about whether someone can go back to rehab instead of jail is set in motion when the probation officer files a report. They’ll note the date, time, and nature of the incident. This report tells the judge whether the violation was technical (a simple failed drug test on probation) or non-technical (additional felony drug charges).

Arrest Warrant or Notice to Appear for a Court Date

Depending on the severity of the violation, the probation officer may arrest the person immediately and take them away to the county jail. Otherwise, they will receive a notice to appear for a probation violation hearing with a judge.

Probation Violation Hearing

The re-offender and their criminal defense attorney must present a case for leniency to the judge. The prosecution must prove that the violation occurred. The judge reviews all evidence and determines the consequences for the violation during the probation period.

The Judge Issues the Decision

Depending on the violation, the judge will likely make one of the following determinations:

• Continuing probation but with tightened terms
• Going back to court-ordered rehab for additional help with drug use
• Other alternative penalties, including more community service hours
• Revocation of probation, which can result in a state prison or jail time

Other NM Programs for Substance Abuse Treatment Instead of Incarceration

Here are some innovative ways that New Mexico handles drug-related crime; the intent is to help those struggling with drug abuse to go to rehab instead of prison.

The of each program is to decrease recidivism and promote long-term recovery over continued alcohol or drug addiction.

New Mexico’s Adult Drug Courts

The adult drug courts provide rehabilitation programs and a strong support system for qualifying people with substance use disorders. By encouraging them to get well and maintain sobriety, they reduce the likelihood of returning to criminal behavior after they’ve completed treatment.

At the end of the program, the drug court participants have the life skills to prevent relapse, find gainful employment, and become productive citizens.

New Mexico’s 11th Judicial District reported that the 2021 program had a 44% graduation rate, a very low recidivism rate of 9.8%, and cost $12.44 per participant each day.

New Mexico Department of Corrections Men’s Recovery Academy

The Men’s Recovery Academy helps males reintegrate into society by addressing their substance use disorders. Treatment specialists evaluate each individual; the participants receive recovery support right away after admission to the 180-day inpatient treatment program.

They receive structured inpatient rehab. Services include detox, counseling, and aftercare planning for continued sobriety upon release. They agree to take a drug test when randomly ordered, make court appearances, and meet with a probation officer to prove treatment progress.

With a relapse prevention and recovery toolkit in place, the men in the program can develop healthy relationships, find work, and stay sober to avoid future jail time.

Pretrial Diversion Programs

Pretrial diversion programs in NM are an alternative to the traditional prosecution route. This program is open to low-level offenses (often minor drug charges) and usually for the first-time offender. The rehab program’s goal is to help avoid drug charges while teaching them the life skills to become better citizens.

Those in this court-ordered rehab can go to rehab if they meet certain conditions. Several factors the judge might require are these:

• Continue seeking treatment and to all counseling and group therapy sessions
• Complete service hours in the community
• Maintain gainful employment during the program
• No failed drug test results
• Checkins with a parole officer

When the person completes the drug rehab program, they re-appear before the judge and prove that they have met all the conditions.

The judge often requests a final clean drug test. After that, the judge dismisses the charges, and the individual does not have the incident on their criminal history.

Differences Between Probation and Parole

While some use the terms probation and parole interchangeably, they are two different things.

Similarities:

Both are supervised release programs, where the person remains in their community under certain conditions set by a court or parole board. For instance, the person may need to attend 12-step support groups, keep a steady job, take a clean drug test, and avoid new criminal charges.

Both lead to penalties if the person does not meet the terms of probation or parole. Also, they each often encourage counseling, drug rehab, or entering job training programs.

Differences:

Probation is a sentencing alternative to prison time. It allows the person to have a second chance and avoid prison by promising to meet the program’s terms. Parole is after the person has served at least part of a sentence incarcerated but is following good behavior and allowing an early release.

Both require strict oversight. The court-appointed probation officer keeps tabs on someone on probation; a parole board and the NM Department of Corrections watch over parolees.

This information is helpful in the sense that the courts grant the most lenient option, probation, to non-violent offenders with little to no criminal history.

Icarus New Mexico Works With the NM Justice Courts

We are glad to help you get the healing you need and stay compliant with your court-ordered drug rehab. Our rehabilitation center works with the top insurance plans as well as many forms of Turquoise Care.

If you need to enroll in a program but need help understanding how to use your medical benefits to pay for it, call us right away. Time is of the essence when you’re dealing with the courts and your freedoms. Our admissions team can help you maximize any insurance benefits available to you at the lowest out-of-pocket cost.

Let Icarus Behavioral Health Coordinate Your Rehab Success Story

Don’t fail another drug test and risk reincarceration.

If you are on probation or parole and need to find rehabilitation programs as part of your agreement with the courts, Icarus can help you stay on track.

Our full continuum of care means that our staff can handle any level of addiction. We offer both residential and outpatient treatment. Our evidence-based treatment follows the latest medical research and can help you stay clean and sober.

Call us today – it’s time to get serious about attending rehab instead of jail.