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Where am I now? Lawlink > Magistrates Early Referral Into Treatment > Rural Alcohol Diversion Program
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Rural Alcohol Diversion Program
Rural Alcohol Diversion (RAD) pilot program
Rural Alcohol Diversion (RAD) provides adult defendants with alcohol abuse or dependence problems the opportunity of rehabilitation as part of the bail process. RAD is based on the operating model of the successful Magistrates Early Referral Into Treatment (MERIT) program, which diverts adult defendants, eligible for bail, into treatment for their illicit drug use.
The RAD Pilot Program is being piloted during at Orange and Bathurst in regional New South Wales, Australia. RAD was launched at Orange Local Court on 17 December 2004 and at Bathurst Court House on 6 May 2005.
Participants can be identified by the Magistrate, solicitor, police, or the defendants themselves as suitable for assessment. Based on the comprehensive assessment, the defendant may be accepted into RAD to receive a treatment program developed to match the defendant’s individual needs. The Court will make the defendant’s involvement in RAD a condition of bail.
Defendants are closely case-managed throughout the program and the magistrate receives regular reports from the RAD Caseworker on the participant. The final hearing and sentencing generally coincide with the completion of the treatment. Magistrates are then able to consider the defendant’s progress in treatment as part of final sentencing.
The program is funded by the Australian Government through the National Illicit Drug Diversion Initiative.
Eligibility Criteria
- Suitable for release on bail
- An adult with a demonstrable alcohol problem
- Not involved in offences related to significant violence or sexual assault, or matters to be heard in the District Court
- Not involved in pending matters of a significant violent or sexual assault nature
- Deemed suitable for alcohol treatment and have a treatable problem
- Approved to participate in the program by the magistrate
- Willing to consent to an alcohol treatment program
The RAD program allows defendants to focus on treating their alcohol abuse or dependence problems in isolation from their legal matters. Therefore, the program is designed so that agreement to become involved is not an admission of guilt for the offence(s). Treatment generally commences prior to any pleas being made with the adjournment of court matters until the completion of the program.
If eligible, what next?
Participants attend an interview with the RAD caseworker to assess the nature of their alcohol problem and the type of treatment that is available and suitable for them.
What type of treatment is available?
- Detoxification
- Pharmacotherapies
- Residential rehabilitation
- Individual and group counselling
- Case management
- Welfare support and assistance
What happens during the bail period?
Participants:
- undertake the alcohol treatment program as agreed with the caseworker and the magistrate
- abide by all conditions of bail and the RAD program undertaking
- have the support and guidance of the RAD caseworker
- appear before the Magistrate during this period, to provide an update on treatment progress.
What happens if the conditions are disobeyed during the bail period?
The situation will first be considered by the caseworker. However, the Court will be notified if participants:
- fail to attend any two consecutive scheduled appointments
- commit further offences
- do not comply with the bail conditions.
What type of treatment is available?
- Detoxification
- Pharmacotherapies
- Residential rehabilitation
- Individual and group counselling
- Case management
- Welfare support and assistance
What happens during the bail period?
Participants:
- undertake the alcohol treatment program as agreed with the caseworker and the Magistrate
- abide by all conditions of bail and the RAD program undertaking
- have the support and guidance of the RAD caseworker
- appear before the Magistrate during this period, to provide an update on treatment progress.
What happens if the conditions are disobeyed during the bail period?
The situation will first be considered by the caseworker. However, the Court will be notified if participants:
- fail to attend any two consecutive scheduled appointments
- commit further offences
- do not comply with the bail conditions.
Sentencing/Hearing
The completion of the treatment program coincides with the hearing or sentencing of the outstanding court matter(s). Failure to respond to the alcohol treatment program will not be dealt with by punitive measures. If convicted of the offence(s) as charged, any penalty will relate to that offence only, and not to any failure to respond to treatment.
- The Magistrate hearing the case is provided with a report from the RAD caseworker.
- The report gives information on the participant’s alcohol treatment and provide recommendations for further treatment.
- Where possible, a detailed aftercare program is formulated to assist participants to further their rehabilitation.
- The implications of the participant’s compliance or non-compliance with the treatment program is at the discretion of the Magistrate.
For more information, download the RAD Factsheet (PDF 118KB)
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