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Ohio: 2002
Drug Treatment Initiative Ohio Issue I, similar to California's Proposition 36, would grant first and second offense drug offenders an absolute right to treatment. Repeat offenders may also be eligible for treatment instead of jail time. Under this initiative, offenders who do not choose treatment for a possession offense could receive a maximum of 90 days in prison, regardless the number of prior convictions. Through this program, offenders would be allowed to choose to attend drug treatment or face the possibility of jail time, up to a maximum of 90 days. (This does not include alcohol, which according to the National Families in Action is the drug used by 70 to 80 percent of Ohioans arrested for crimes.) The court would consult a qualified treatment professional who would develop a treatment program for the offender, which does not necessarily require detoxification. Once the treatment plan is agreed upon with the court, the offender attends treatment and once complete, his/her criminal charges will be dismissed. Convicted eligible drug offenders are also entitled to treatment, and successful completion would result in the expungement of their drug conviction and sealing of their arrest record. Under Ohio Issue I, drug testing is not a requirement during treatment, severely limiting the ability of the court or the government to analyze the success of the treatment program. The initiative also limits the court's supervision of an eligible offender to a maximum of 90 days following the completion of the drug treatment program. DEA advocates an
alternative program-drug treatment courts-which combine treatment with
accountability to support recovery from addiction. Click
here for more information about drug treatment courts.
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