-Source-Boston Globe-
A person with a substance use disorder may be jailed for relapsing while on probation, the state’s highest court ruled Monday, disappointing public health advocates who had hoped the case would discourage courts from incarcerating defendants as they recover from addiction.
The Supreme Judicial Court unanimously ruled that judges, while they should consider the challenges of drug addiction, “must have the authority to detain a defendant” who has violated probation by using drugs.
“Such decisions should be made thoughtfully and carefully, recognizing that addiction is a status that may not be criminalized,” Justice David A. Lowy wrote for the seven-member court. “But judges cannot ignore the fact that relapse is dangerous for the person who may be in the throes of addiction and, often times, for the community in which that person lives.” The 27-page decision centered on the case of Julie Eldred, who in 2016 was sentenced by a Concord District Court judge to 10 days in jail after she tested positive for fentanyl. Read more
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