Program coordinators, probation officers and defense teams tend to ask the same handful of questions before they send someone for treatment. Here are five of them, answered from the Bureau of Justice Assistance and the federal rules on substance use treatment records, with the steps for referring to Hope Health Network.
1. What does a treatment court expect from treatment?
The Bureau of Justice Assistance (BJA), part of the U.S. Department of Justice, describes treatment courts as programs run under a judge's supervision that pair research-based addiction treatment with drug testing, rewards and consequences, and recovery support. BJA lists lower recidivism, less substance misuse and fewer overdoses among their aims. Treatment is one piece of a larger plan the court oversees.
2. Which practice will see the person?
You do not need to choose a practice; we route each referral to the right one. Hope Addiction Medicine accepts patients referred by drug courts, probation and pretrial services. Hope Addiction Medicine provides medication-assisted treatment for opioid and alcohol use disorders. Treatment typically begins with an in-person assessment, followed by weekly in-person or virtual visits before moving to a monthly schedule, and each plan is tailored to the patient. When anxiety, depression or sleep problems are part of the picture, Hope Behavioral Medicine can be involved too, and Hope Medical Associates can provide primary care.
3. What may the program learn about progress?
42 CFR 2.35 covers the case where treatment is a condition of how a criminal case is resolved, or of parole or other release. With the patient's written consent meeting 42 CFR 2.31, information may go to criminal justice staff who need it to monitor progress, such as the court, a prosecutor, or a probation or parole officer. The consent should last a reasonable time given the expected length of treatment, the kind of proceeding and when final disposition is expected. It can be revoked only after a stated time passes or a stated event occurs, no later than final disposition, and the people who receive the information may use it only for official duties tied to the case.
4. Can treatment records be used against the person?
Under 42 CFR 2.12, records covered by Part 2 may not be used to bring or support criminal charges against the patient, or in civil, criminal, administrative or legislative proceedings against the patient, unless the patient consents or a court issues an order under subpart E. That limit follows the records to anyone who receives them.
Need to Refer a Patient?
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5. What happens when supervision ends?
Court supervision can end before a person is ready to stop treatment. Because the network includes primary care and behavioral medicine, a patient who wishes to can keep seeing providers for blood pressure, diabetes, anxiety, depression or sleep after the case closes.
How to refer
The referral line, fax number and secure form are on our referral page, and court staff can read more on our court services page. A faxed referral should include the patient's name, insurance, the reason for referral and any relevant clinical notes. We typically contact the patient within two business days of a faxed referral, and initial evaluations are often able to be scheduled within a week of the request. If the patient needs to be seen sooner, call us.
Our practices accept Medicare, most major commercial plans, and all South Carolina Medicaid managed care plans except Select Health (First Choice). Self-pay rates are also available.
Our practices are not an emergency service, and the referral form is not monitored for emergencies. For someone in crisis, call or text 988, and in immediate danger, call 911.
This article explains these rules in general terms. It is not legal advice.
Sources: Bureau of Justice Assistance, Adult Treatment Court Program Overview; 42 CFR 2.35, disclosures to elements of the criminal justice system; 42 CFR 2.12, applicability.
This article is general information, not medical advice, and does not create a patient–provider relationship. Every situation is different, so see a provider who can evaluate yours and develop a plan of care. Any medication discussed here may not be right for you: the right choice depends on your diagnoses, other health conditions and current medicines, so take medication only as directed by the provider managing your care. If you are ever in doubt about an emergency, call 911 or go to the nearest emergency room.
Frequently Asked Questions
Yes. Hope Addiction Medicine accepts patients referred by drug courts, probation and pretrial services, and provides medication-assisted treatment for opioid and alcohol use disorders.
With written consent meeting 42 CFR 2.31, criminal justice staff who need the information to monitor progress, such as the court, a prosecutor, or a probation or parole officer. They may use it only for official duties tied to the case.
Under 42 CFR 2.35, only after a stated amount of time passes or a stated event occurs, and no later than final disposition of the case.
No. Under 42 CFR 2.12, they may not be used to bring or support criminal charges or in proceedings against the patient unless the patient consents or a court issues an order under subpart E.
Yes. A patient who wishes to can keep seeing network providers for primary care and behavioral health after the case closes.