Question on Court-Ruled Psychiatric Care

[Guest]

For all you lawyers out there, I have a question.

If a court ruled that a criminal does not go to jail if he goes to a psychiatric treatment facility, who gets to pay for that treatment?

For example, if a drug addict goes to court and the court rules for him to go to rehab, and the guy has zero means to pay for rehab, who gets to pay? Or does he just go to jail then?

[bl8tant]

Hmmm. I'll go out on a limb and say "it depends."

The court can order that someone voluntarily enter a treatment program as an alternative to jail. I'd guess that the court order typically says something like "you must go to rehab programs X, Y, or Z", so that the perp has a couple of options.

Failure to comply with the order would be contempt of court, which could get the perp thrown in jail. Just as with child support or other kinds of legal judgment, inability to pay can be a defense but only if you bring it to the court's attention.

[Dr T]

If they are in the Court's custody it is their obligation to pay usually.

[Guest]

If they are in the Court's custody it is their obligation to pay usually.

"their" meaning the court's?

[Dr T]

Yes, I'm sorry, the Courts/Legal System usually pays for that.

[Just_A_Guy]

I imagine it varies from state to state. Here in Utah, they're usually sent to the forensic unit of the Utah State Hospital; though I was recently involved in a conservatorship proceeding for a severely autistic kid who had done bad things to his little sister and who was being held at the Utah State Developmental Center. I believe--but am not positive--that the state covers the expense.

Edited September 21, 2010 by Just_A_Guy

[Moksha]

Usually a determination is made if the prospective client is able to pay and if so how much. Sometimes court ordered cases remain jailed till a bed opens up.

[pam]

Almost 2 years ago my son was court ordered into therapy. My insurance wouldn't pay for court ordered therapy at all. So looked like it was going to be totally out of pocket. Approx $2000 a month. His probation officer knew of a program that had one more opening that was funded by the state. But that meant my son was under state jurisdiction. That still left me a $300 a month copay for 6 months.