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  1. #1
    Join Date
    Mar 2013
    Posts
    2

    Default Noncompliance With Treatment Program Due to Mental Illness

    My question involves a person located in the state of: FL

    Hello All,
    My question is in regards to someone I just spoke with, who needs some help. They've been deemed 'psychologically disabled' by FL and federal gov, and have been living off the state for many years w/o working. This is the result of a 'psych disability', presenting with agorophobia, acute anxiety, all that stuff...

    Now, this person got into legal trouble late last year, for the possession of personal-usage amounts of two distinct narcotics (or distinct drugs - several pain pills and marijuana). They were able to do very little time incarcerated, as they were given the option of "PTI" or pre-trial-intervention, wherein they were moved from the jail to a treatment center. Here is where the problem occured. While signing up for the treatment/PTI, I'm told that they were to understand the normal "cannot work" applies - but after having been there for several months, they were met with the ultimatum that they had to, in fact, work - that there was no way around it (I know this seems almost 'as it should be', and I"m not a huge fan of disability benefits in the 1st place, but the fact of the matter is this person literally vomits/faints around others in commonplace/normal scenarios, and has been given a free ride by the state for this for many years)

    The incident: After speaking to those in charge at the treatment center about this, and finding no resolution, they simply walked out of the treatment center (it was not a secured/locked facility, my understanding is that he was given permission to go see his dr. for an appointment, and then simply did not return because of fear of peeing himself/fainting and whatnot)
    So, while there are no arrest warrants showing up online, my best guess is there will be a warrant soon enough for them, OR they will simply be remanded to the actual jail once the judge considers what has happened.
    I'm posting this in hopes that someone can help me to understand this, so I may help him. He was doing sooo well at that place (this was corroborated by those in charge), but when presented with this it was preferable for him to just bail and throw all that away - am I to understand that, after the state and federal gov deemed him disabled and unable to work, that, *w/o* any new assessments or considerations that his condition has changed, can this 'protection' be revoked as it was? I guess that, the way i'm seeing it, if we're taking for granted that ppl can get "okay to not work" status, then it doesn't follow that this can just be revoked, and the person magically can do things they were previously unable to.

    Thank you so much for any advice/input you can give on this! It's my understanding they've got an appointment with their psych dr., but it isn't until sometime mid-april, and their next courtdate is early april (they would have gone from the treatment place to this court date, but my understanding is that, now, they're going to stay 'on the lam' until this courtdate)
    Again, thank you so much for any elucidation!

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Noncompliance With Treatment Program Due to Mental Illness

    If a defendant is deemed mentally ill, with a condition that has been diagnosed and treatable, that condition is usually monitored by a mental health unit within the probation office. If it was not put on the order, then the condition can be added so that it may be monitored. If the defendant can lead a "normal" life with proper medication, then the defendant will be violated for failure to comply. If the court monotors the defendant's mental health progress, then updated from the providing facility will be attained, blood draws to determine whether or not he adheres to recommendations and so on.

    If it is determined that the defendant's mental health condition is a hinderance to compliance and nothing can be done to improve his condition to the point that he may be able to successfully navigate probation, the court will be made aware and alternative sentences will bw available.

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