Diversion into treatment should be based on a diagnosis of chemical dependency, regardless of whether the primary diagnosis is alcoholism or substance abuse. Different program models should also be considered, including DTAP-like models, shorter term residential treatment combined with outpatient treatment models, and straight outpatient models. The criminal justice system must recognize that relapse is part of recovery. Court mandated clients who relapse should be given an opportunity to remain in treatment as long as the provider determines that they are making progress toward recovery. Offenders who fail in treatment should receive the same sentences they would have received had they not attempted treatment.
Addiction is a disease, and recovery is a very difficult process.
Individuals should not be penalized for having made a good-faith effort to overcome their dependency. Compliance should be determined by treatment programs, in partnership with judges and community-based local and state agencies. Courts should utilize appropriate graduated sanctions, similar to those used in Drug Courts. Prison should not be the only sanction. Accompanying Service Most addicted individuals involved with the criminal justice system have a wide range of problems.