NCJ Number
87673
Date Published
Unknown
Length
3 pages
Annotation
West Germany's 1982 law providing for the posttrial treatment diversion of drug-dependent offenders impacts currently incarcerated offenders, probation, preventive institutionalization, and a current regulation governing prosecutorial dismissals.
Abstract
The law diverts to treatment addicted adults and juveniles sentenced to prison for 2 years or less. Other conditions are that addiction must be the offense cause and that the offender be already in or willing to undergo treatment. Institutions providing treatment must be state certified or be accepted in professional circles for their treatment methods. The offender is required to provide progress reports at intervals determined by the supervisory agency. Treatment personnel inform the supervisory agency of any treatment interruptions. The new law may apply to some offenders already in prison. Difficulties may arise, however, if a long-term treatment institution has admissions requirements that cannot be met by the imprisoned offender. Since drug addicts are typically poor risks for probation, the new law provides for a probation condition that permits institutionalization for treatment, which becomes a form of incapacitation to prevent recidivism. The new law parallels but has some differences with a current regulation which permits prosecutors to divert drug addicts to treatment prior to trial. The differences may confuse institutions treating both offenders diverted at pretrial and those diverted at posttrial.