In the District of Columbia and Multnomah
County, Oregon, "supervised release" or "conditional release
mechanisms" operate to release defendants from pretrial custody
under conditions that include regular or random urine testing,
graduated sanctions, and participation in a substance abuse treatment
program."
The Dade County, Florida, program involves
acceptance into a drug court treatment program shortly after
arrest, with an understanding that further prosecution will be
held in abeyance, and if the defendant successfully completes
the program, the charges will be dropped.
Pensacola, Florida has a "deferred judgment"
program or "post-plea diversion" program shortly after arrest,
under which the defendant pleads guilty to a criminal charge
(for example, unlawful possession of drugs) with the understanding
that sentence will be deferred. If the defendant successfully
completes the program, the plea of guilty will be vacated and
the charges dropped, but if the defendant fails to complete the
program, sentence will be based on the original charge.
Exhibit 8-1
Consent for the Release of Confidential Information: Criminal Justice System Referral
I, ____________________________________________________
(Name of defendant),
hereby consent to communication between ________________________________
(treatment program)
and______________________________________________________
(Court, probation, parole, and/or other referring agency)
the following information:
____________________________________________________________
(Nature of the information, as limited as possible)
The purpose of and need for the disclosure is to inform the criminal
justice agencies listed above of my attendance and progress in
treatment. The extent of information to be disclosed is my diagnosis,
information about my attendance or lack of attendance at treatment
sessions, my cooperation with the treatment program, prognosis,
and I understand that this consent will remain in effect and
cannot be revoked by me until:
There has been a formal and effective
termination or revocation of my release from confinement, probation,
or parole, or other proceeding under which I was mandated into
treatment, or
(other time when consent can be revoked and/or expires)
I also understand that any disclosure
made is bound by Part 2 of Title 42 of the Code of Federal Regulations
governing confidentiality of alcohol and drug abuse patient records
and that recipients of this information may re-disclose it only
in connection with their official duties.
(Date)
(Signature of defendant/patient)
(Signature of parent, guardian, guardian, or
authorized representative if required)
Prohibition on Re-disclosing Information Concerning AOD Abuse Treatment Patients
This notice accompanies a disclosure of information concerning
a client in alcohol/drug abuse treatment, made to you with the
consent of such client. This information has been disclosed
to you from records protected by Federal confidentiality rules
(42 CFR Part 2). The Federal rules prohibit you from making
any further disclosure of this information unless further disclosure
is expressly permitted by the written consent of the person to
whom it pertains or as otherwise permitted by 42 CFR Part 2.
A general authorization for the release of medical or other
information is NOT sufficient for this purpose. The Federal
rules restrict any use of the information to criminally investigate
or prosecute any alcohol or drug abuse patient.
Consent for the Release of
Confidential Information
I, ______________________________________________________________________
(Name of patient),
authorize _______________________________________________________________
(Name or general designation of program making disclosure)
to disclose to __________________________________________________________________
(Name of person or organization to which disclosure is to be made)
the following information:
________________________________________________________________________________
(Nature of the information, as limited as possible)
The purpose of the disclosure authorized herein is to:
________________________________________________________________________________
(Purpose of disclosure, as specific as possible)
I understand that my records are protected under the federal
regulations governing Confidentiality of Alcohol and Drug Abuse
Patient Records, 42 CFR Part 2, and cannot be disclosed without
my written consent unless otherwise provided for in the regulations.
I also understand that I may revoke this consent at any time
except to the extent that action has been taken in reliance on
it, and that in any event this consent expires automatically
as follows: (Specification of the date, event, or condition upon
which this consent expires)
(Date)
(Signature of defendant/patient)
(Signature of parent, guardian, guardian, or
authorized representative if required)
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