NCJ Number
156363
Journal
Criminal Law Bulletin Volume: 31 Issue: 4 Dated: (July-August 1995) Pages: 341-349
Date Published
1995
Length
9 pages
Annotation
This paper examines whether an inmate drug abuser who is a potential parolee might have a viable claim under the Americans With Disabilities Act (ADA) for failure to obtain parole release due to a lack of available drug treatment programs.
Abstract
For ADA purposes, the focus is whether the drug-abusing inmate is being handled differently because of the disability and is therefore entitled to relief under the ADA. The two threshold issues are whether drug abuse is a disability under the ADA and whether parole is a program under the ADA. A substance abuser who is addicted to or dependent on drugs or alcohol would be considered disabled under the ADA. However, analysis of statutes, case law, and the rules and regulations law promulgated under the ADA reveals no indication that parole from a correctional facility is a program as defined in the ADA. Footnotes